HomeMy WebLinkAboutCC 1993-07-08 MinutesI TY OF MIAMI
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clark
ITEM SUBJECT
NO.
INDEX
MINUTES OF REGULAR MEETING
JULY 8, 1993
LEGISLATION PAGE
NO.
------------------
1. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION 1-2
SPECIAL ITEMS. 7/8/93
2.
COMMISSIONER DAWKINS QUESTIONS
DISCUSSION
2-3
ADMINISTRATION ON DISTRIBUTION OF THE
7/8/93
SUPPLEMENTAL AGENDA.
3.
CONSENT AGENDA.
DISCUSSION
3-4
i
7/8/93
3.1
ACCEPT BID: MERCEDES ELECTRIC
R 93-399
4-5
SUPPLY -- FOR FURNISHING FLOOD LIGHTING
7/8/93
EQUIPMENT FOR ORANGE BOWL STADIUM TO
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE /
PROPERTY MAINTENANCE DIVISION.
3.2
AUTHORIZE PURCHASE OF ONE FILE SERVER
R 93-400
5
AND COMPUTER HARDWARE FOR SIX
7/8/93
WORKSTATIONS (UNDER EXISTING DADE
COUNTY RFP NO. 1059-10/93-OTR-CW)
FROM COMPUTER EXPRESS/MICROAGE, INC.
3.3
ESTABLISH SPECIAL CHARGES, TERMS AND
R 93-401
5
CONDITIONS, INCLUDING WAIVER OF ALL
7/8/93
USER FEES, FOR USE OF BOBBY MADURO
MIAMI BASEBALL STADIUM BY THE MIAMI
AMATEUR BASEBALL ASSOCIATION -- EXECUTE
AGREEMENT.
3.4
ACCEPT DONATION OF HEAVY DUTY TOOLS AND
R 93-402
6
EQUIPMENT -- FROM RAMCO EQUIPMENT,
7/8/93
INCORPORATED -- FOR REPAIRING AND
MAINTAINING FIRE DEPARTMENT'S FIRE
APPARATUS AND EQUIPMENT.
3.5 ENTER INTO PROFESSIONAL SERVICES R 93-403
AGREEMENT WITH THE NATIONAL DEVELOPMENT 7/8/93
COUNCIL INC. -- TO PROVIDE SERVICES IN
CONNECTION WITH SECURING FINANCING FOR
RESIDENTIAL AND COMMERCIAL DEVELOPMENT
PROJECTS IN SOUTHEAST OVERTOWN / PARK
WEST AREA.
3.6
ACCEPT GRANT ($7,200) FROM METROPOLITAN
R 93-404
DADE COUNTY UNDER ITS TOURIST
7/8/93
DEVELOPMENT ROOM TAX PLAN -- TO BE USED
BY PARKS DEPARTMENT TO HOST ELEVENTH
ANNUAL YOUTH BASEBALL WORLD SERIES AT
BOBBY MADURO MIAMI STADIUM.
4.
(A) DISCUSS AND DEFER PROPOSED
R 93-405
RESOLUTION TO ACCEPT BID OF JR
7/8/93
BUILDERS, INC., FOR FURNISHING 51
FRENCH WINDOWS FOR INSTALLATION AT
MANUEL ARTIME COMMUNITY CENTER. (Later
reconsidered - See label 54)
(B) FURNISH AND INSTALL AIR
CONDITIONING UNITS AT MANUEL ARTIME
COMMUNITY CENTER.
5.
(A) ACCEPT BID: A-1 INSTANT AIR
R 93-406
CONDITIONING, INC. -- FOR FURNISHING
M 93-407
SIX PORTABLE AIR CONDITIONING UNITS TO
7/8/93
DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES.
(B) DIRECT CITY MANAGER TO FIND A
FUNDING SOURCE (e.g. TAX ANTICIPATED
NOTES, ETC.) FOR REPLACEMENT OF ALL
OUTDATED AIR CONDITIONING UNITS IN FIRE
STATIONS.
6.
(A) DISCUSS AND DEFER CONSIDERATION OF
M 93-408
PROPOSED RESOLUTION TO ACCEPT PROPOSAL
7/8/93
OF MORRIS & MCDANIEL, INC. TO DEVELOP /
IMPLEMENT A CUSTOMIZED ASSESSMENT
CENTER PROCESS FOR CLASSIFICATION OF
POLICE CAPTAIN -- DIRECT ADMINISTRATION
TO BRING BACK ITEMIZATION OF OVERTIME
PAID LAST YEAR WITHIN CAPTAIN
CLASSIFICATION. (See label 51)
(B) COMMISSIONER PLUMMER REQUESTS
JUSTIFICATION FOR NEED FOR MORE
CAPTAINS.
7-14
14-25
25-28
7.
(A) DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION 28-31
PROPOSED RESOLUTION TO ALLOCATE
7/8/93
$100,000 19TH YEAR CDBG FUNDS TO MIAMI
MENTAL HEALTH CARE, INC. TO PROVIDE
RENOVATIONS TO THE AGENCY'S RESIDENTIAL
FACILITY FOR RECOVERING SUBSTANCE
ABUSERS.
8.
PROCLAMATION PRESENTED TO THE CITY
DISCUSSION 31-32
COMMISSION BY THE AFRICAN AMERICAN
7/8/93
COUNCIL OF CHRISTIAN CLERGY, WHICH HAS
ADOPTED A POLICY OF NONVIOLENT
INTERACTION WITH LOCAL GOVERNMENTS,
POLICE DEPARTMENTS AND LEGISLATIVE
BRANCHES, ETC.
9.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE 32-34
SECTION 18-56.1 PERTAINING TO: (a)
11072
RIGHT TO PROTEST; (b) AUTHORITY TO
7/8/93
RESOLVE PROTESTS, (c) COMPLIANCE WITH
TIME REQUIREMENTS; ADD NEW SUBSECTION:
(d) STAY OF PROCUREMENTS DURING
PROTESTS; (E) COSTS; AND (f) BOND.
10.
FIRST READING ORDINANCE: AMEND 10938
ORDINANCE 35
(CAPITAL IMPROVEMENT APPROPRIATIONS) --
FIRST READING
REVISE PRIOR PROJECTS / ESTABLISH NEW
7/8/93
ONES IN THE AREAS OF TRANSPORTATION AND
PHYSICAL ENVIRONMENT.
ii.
(A) FIRST READING ORDINANCE: ESTABLISH
ORDINANCE 36-39
SPECIAL REVENUE FUND: FEDERAL HOME
FIRST READING
INVESTMENT PARTNERSHIPS GRANT PROGRAM
R 93-409
(SECOND YEAR) -- APPROPRIATE
7/8/93
$3,493,000.
(B) ACCEPT HOME INVESTMENT PARTNERSHIPS
PROGRAM GRANT (HOME PROGRAM)
($3,493,000) FROM U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) --
FOR DEVELOPMENT / CONSERVATION OF
HOUSING AFFORDABLE TO LOW / VERY LOW
INCOME FAMILIES / INDIVIDUALS --
EXECUTE AGREEMENTS.
12. FIRST READING ORDINANCE: ESTABLISH
FIVE SPECIAL REVENUE FUNDS: (1) JTPA
TITLE I/OLDER WORKER (PY'93); (2) JTPA
TITLE IIA/NEIGHBORHOODS JOBS PROGRAM
(PY193); (3) JTPA TITLE
IIC/NEIGHBORHOODS JOBS PROGRAM (PY193);
(4) JTPA TITLE III PROGRAM (PY'93); AND
(5) OFFICE OF INTERGOVERNMENTAL LIAISON
(PY'93) -- APPROPRIATE $28,000,
$429,000, $429,000, $102,000, AND
$90,000, RESPECTIVELY -- FROM U.S.
DEPARTMENT OF LABOR GRANT AWARDS --
ENTER INTO AGREEMENTS WITH SOUTH
FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM.
13. FIRST READING ORDINANCE: ESTABLISH
SPECIAL REVENUE FUNDS: WAGNER-PEYSER
7(B) DISCRETIONARY FUNDS; (1) PROJECT
INDEPENDENCE (FY'93-94); (2)
INDIVIDUALS WITH DISABILITIES (FY'93-
94); AND (3) OFFENDERS (FY'93-94) --
APPROPRIATE $47,678, $50,960, AND
$56,952, RESPECTIVELY -- FROM STATE OF
FLORIDA DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY -- ACCEPT GRANT
AWARDS AND ENTER INTO AGREEMENTS WITH
STATE OF FLORIDA.
14. (A) DISCUSS AND DEFER CONSIDERATION OF
PROPOSED FIRST READING ORDINANCE TO
AMEND CODE CHAPTER 54 -- TO REQUIRE
THAT PAY TELEPHONE COMPANIES ENTER INTO
PERMIT AGREEMENTS WITH THE CITY FOR
ERECTION / CONSTRUCTION /
RECONSTRUCTION / INSTALLATION /
OPERATION / MAINTENANCE / DISMANTLING /
TESTING / REPAIR / USE OF PAY
TELEPHONES IN / UPON / ALONG / ACROSS /
ABOVE / OVER / UNDER PUBLIC RIGHTS -OF -
WAY, SUBJECT TO CONDITIONS AND PAYMENT
OF PERMIT / USER FEES -- REFER TO
ADMINISTRATION FOR THEIR REVIEW AND
RECOMMENDATION.
(B) COMMISSIONER PLUMMER COMMENTS ON
SIZE OF TELEPHONE BOOTHS ON SIDEWALK
OUTSIDE RESTAURANT ON 27 AVENUE -- CITY
MANAGER OFFERS TO CONTROL THE
SITUATION.
ORDINANCE
FIRST READING
7/8/93
ORDINANCE
FIRST READING
7/8/93
M 93-410
7/8/93
40-41
41-42
43-48
15. PROVIDE FOR HOLDING A NONPARTISAN R 93-411
PRIMARY ELECTION ON NOVEMBER 2, 1993s 7/8/93
FOR NOMINATION OF CANDIDATES FOR MAYOR
AND TWO COMMISSIONERS, WITH RUNOFF ON
NOVEMBER 9, 1993s IF NECESSARY.
16.
DISCUSS AND TEMPORARILY TABLE PROPOSED
DISCUSSION
RESOLUTION TO EXECUTE AGREEMENT WITH
7/8/93
CHARLES H. MOON, JR., FOR PURCHASE OF
CITY PROPERTY AT 3659 GRAND AVENUE IN
CONNECTION WITH COMMERCIAL /
RESIDENTIAL DEVELOPMENT OF PROPERTIES
SURROUNDING THE TIKI CLUB PROJECT.
(See labels 22 & 53)
17.
DISCUSS AND DEFER PROPOSED RESOLUTION
DISCUSSION
TO ACCEPT PROPOSAL OF SOUTH FLORIDA
7/8/93
MAINTENANCE SERVICES, INC., FOR
FURNISHING EVENTS OF CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES.
18.
AUTHORIZE DOWNTOWN DEVELOPMENT
R 93-412
AUTHORITY (DDA) TO ESTABLISH PROPOSED
7/8/93
MILLAGE RATE OF ONE-HALF MILL FOR
DOWNTOWN DEVELOPMENT DISTRICT (FY
1011/93 - 9/30/94) (Note: This item
was later reconsidered -- See label 34)
19.
AUTHORIZE TRANSFER OF FUNDS ($350,000)
R 93-413
TO THE DOWNTOWN DEVELOPMENT AUTHORITY
7/8/93
(DDA) FROM GENERAL FUND AS AN ADVANCE
PAYMENT OF AD VALOREM TAXES TO BE
RECEIVED FROM METROPOLITAN DADE COUNTY
BY THE CITY ON BEHALF OF THE DOWNTOWN
DEVELOPMENT AUTHORITY (DDA).
20.
(A) REJECT PROPOSALS SUBMITTED BY
R 93-414
DOWNTOWN DISTRIBUTORS, INC., NOR-MUNDO
M 93-415
CORPORATION AND PALM LIQUOR LOUNGE,
7/8/93
INC. -- IN RESPONSE TO RFP FOR UDP
CONSISTING OF DEVELOPMENT OF
IMPROVEMENTS ON CITY -OWNED RIVERFRONT
PROPERTY BETWEEN S.W. 2 AND 3 STREETS
ON S.W. NORTH RIVER DRIVE, ALONG THE
MIAMI RIVER.
(B) INSTRUCT ADMINISTRATION TO ISSUE
AND READVERTISE NEW RFP IN CONNECTION
WITH DEVELOPMENT OF THE ABOVE -CITED
RIVERFRONT PROPERTY.
48-49
50-51
51-53
53-54
55-56
56-60
r.'glkk `t.)
21. REALLOCATE $48,000 IN UNEXPENDED CDBG
R 93-416
PROGRAM FUNDS, PROJECT: HOUSING
7/8/93
REHABILITATION PROGRAM
ADMINISTRATION -- TO MAKE PAYMENT /
SATISFY DELINQUENT REAL ESTATE TAXES /
PURCHASE MONEY MORTGAGE ON VACANT
PARCEL AT 1025 WEST FLAGLER STREET --
ACCEPT TRANSFER OF TITLE FROM HOUSING
COOPERATIVE, INC., PRIOR TO
CONSTRUCTION OF PROPOSED HOUSING
DEVELOPMENT.
22. (A) EXECUTE AGREEMENTS WITH 7
R 93-417
NEIGHBORHOOD BASED HOUSING COMMUNITY
7/8/93
DEVELOPMENT CORPORATIONS: (1)
ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY, (2) CODEC, INC., (3) LITTLE
HAITI HOUSING ASSOCIATION, (4) EAST
LITTLE HAVANA COMMUNITY DEVELOPMENT
CORPORATION, (5) FLORIDA HOUSING
COOPERATIVE, INC., (6) ST. JOHN
COMMUNITY DEVELOPMENT CORPORATION, AND
(7) TACOLCY ECONOMIC DEVELOPMENT
CORPORATION -- TO STIMULATE DEVELOPMENT
OF HOUSING AFFORDABLE TO LOW / MODERATE
INCOME FAMILIES / INDIVIDUALS --
COMMISSION DELETED THREE OF THE
NEIGHBORHOOD BASED HOUSING COMMUNITY
DEVELOPMENT CORPORATIONS: (1) MODEL
HOUSING COOPERATIVE, INC., (2) WYNWOOD
COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION, AND (3) GREATER MIAMI
NEIGHBORHOODS, INC.
(B) DISCUSSION CONCERNING REPORT
ACQUISITION OF THE HARDEMON MARKET
SITE.
(C) (Continued) DISCUSSION CONCERNING
PROPOSED RESOLUTION TO EXECUTE
AGREEMENT WITH CHARLES H. MOON, JR.,
FOR PURCHASE OF CITY PROPERTY AT 3659
GRAND AVENUE IN CONNECTION WITH
COMMERCIAL / RESIDENTIAL DEVELOPMENT OF
PROPERTIES SURROUNDING THE TIKI CLUB
PROJECT. (See labels 16 & 53)
23. ESTABLISH AN OCCUPATIONAL LICENSE
R 93-418
EQUITY STUDY COMMISSION -- TO RECOMMEND
7/8/93
CHANGES TO OCCUPATIONAL LICENSE TAX
RATES IN KEEPING WITH STATE LAW.
61-70
71-95
95-96
24. AMEND BY-LAWS OF THE MIAMI COMMISSION R 93-419
ON THE STATUS OF WOMEN (MCSW) -- TO 7/8/93
ALLOW SOLICITATION OF CONTRIBUTIONS AND
FINANCIAL SUPPORT FROM OTHER SOURCES,
ETC.
25.
INCREASE COMPENSATION TO LAW OFFICES OF
R 93-420
FINE, JACOBSON, ET AL., FOR
7/8/93
PROFESSIONAL SERVICES IN CONNECTION
WITH CHAPTER 11 BANKRUPTCY PROCEEDINGS
FILED BY MIAMI CENTER ASSOCIATES, LTD.
26.
INCREASE COMPENSATION TO LAW OFFICES OF
R 93-421
FINE, JACOBSON, ET AL., FOR
7/8/93
PROFESSIONAL SERVICES IN CONNECTION
WITH THE CASE OF PERRY L. ANDERSON, JR.
VS. CITY OF MIAMI, JORGE L. FERNANDEZ,
AND A. QUINN JONES, III.
27.
AUTHORIZING CITY ATTORNEY TO FILE AN
R 93-422
OFFER OF JUDGEMENT TO TARAFA
7/8/93
CONSTRUCTION, INC. IN DADE COUNTY
CIRCUIT COURT [CASE NO. 90-49590 (22)].
28.
ACCEPT PROPOSAL OF MERCY OUTPATIENT
R 93-423
CENTER -- FOR FURNISHING (a) ANNUAL
7/8/93
PHYSICAL EXAMINATIONS AND HEPATITIS B
IMMUNIZATIONS FOR POLICE AND FIRE
PERSONNEL, AND (b) EMPLOYMENT PHYSICAL
EXAMINATIONS -- FOR DEPARTMENT OF
PERSONNEL MANAGEMENT -- EXECUTE
CONTRACT.
29. ACCEPT BID: P.M.S.
ENTERPRISES,
R 93-424
INC. -- FOR FURNISHING
COMPUTERIZED
7/8/93
PHOTOGRAPHIC MINI -LAB,
TO POLICE
DEPARTMENT. (See label 76)
30. AUTHORIZE FUNDING OF YOUTH
OF AMERICA
R 93-425
(SPONSORED THROUGH MARTIN
LUTHER KING
7/8/93
ECONOMIC DEVELOPMENT CORPORATION) --
ALLOCATE FUNDS FROM LAW
ENFORCEMENT
TRUST FUND. (See label 33)
31. ADVANCE $25,000 TO GEORGIA
AYERS' THE
R 93-426
ALTERNATIVE PROGRAM, INC.,
AGAINST A
7/8/93
TOTAL OF $75,000 EARMARKED FOR SAID
PROGRAM OUT OF NEXT
YEAR'S LAW
ENFORCEMENT TRUST FUND.
99-102
102-106
106-108
108-110
112-113
113-119
32. AMEND RESOLUTION 93-199 (WHICH R 93-427
AUTHORIZED MUTUAL AID AGREEMENTS 7/8193
BETWEEN THE CITY AND CERTAIN
MUNICIPALITIES, ON BEHALF OF POLICE
DEPARTMENT); THEREBY ALSO AUTHORIZING
MUTUAL AID AGREEMENTS WITH MIAMI BEACH
AND CORAL GABLES.
33. (Continued) DISCUSSION CONCERNING DISCUSSION
FUNDING REQUEST BY YOUTH OF AMERICA. 7/8/93
(See label 30)
34. (A) RESCHEDULE FIRST AND SECOND R 93-428
COMMISSION MEETINGS IN SEPTEMBER TO M 93-428.1
TAKE PLACE ON SEPTEMBER 7 AND 21, 1993. M 93-429
(B) (Continued discussion) RESCHEDULE R 93-430
PUBLIC HEARING DATES IN CONNECTION WITH 7/8/93
CITY OF MIAMI FY 194 BUDGET TO TAKE
PLACE ON SEPTEMBER 7 AND 21, 1993.
(See label 18)
(C) (Continued discussion) RECONSIDER
AGENDA ITEM 13, WHICH AUTHORIZED
ESTABLISHMENT OF PROPOSED MILLAGE RATE
FOR THE DOWNTOWN DEVELOPMENT DISTRICT
(FOR FY 10/1/93 - 30/9/94).
(D) (Continued discussion) RESCHEDULE
PUBLIC HEARINGS TO ALLOW DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) TO SET
ESTABLISH PROPOSED MILLAGE RATE FOR THE
DOWNTOWN DEVELOPMENT DISTRICT FOR FY
194 TO TAKE PLACE ON SEPTEMBER 7 AND
21, 1993.
35. ACCEPT BID: BENSON ELECTRIC, INC. -- R 93-431
FOR DORSEY PARK REHABILITATION - SPORT 7/8/93
LIGHTING - PHASE I (SECOND BIDDING) B-
6201-C (CIP 331357) -- EXECUTE
CONTRACT.
36. (A) ACCEPT BID: MET CONSTRUCTION, R 93-432
INC. -- FOR BAYFRONT PARK 7/8/93
REDEVELOPMENT - SOUTH END PHASE I
PROJECT B-2987 (CIP 331305) -- EXECUTE
CONTRACT.
(B) DISCUSSION CONCERNING THE NEED TO
REPLACE THE KEYSTONE AROUND THE MILDRED
AND CLAUDE PEPPER FOUNTAIN IN BAYFRONT
PARK.
120-121
121-122
122-125
126-127
127-136
37.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION
136-137
CONSIDERATION OF PROPOSED RESOLUTION TO
7/8/93
APPOINT INDIVIDUALS) TO SERVE ON THE
ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY'S BOARD OF DIRECTORS. (See
label 49)
38.
DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION
137
PROPOSED RESOLUTION TO APPOINT /
7/8/93
REAPPOINT INDIVIDUALS) TO SERVE ON THE
BAYFRONT PARK MANAGEMENT TRUST.
39.
DISCUSSION CONCERNING POSSIBILITY THAT
DISCUSSION
138-141
ALL PRESENT ALTERNATE MEMBERS ON THE
7/8/93
INTERNATIONAL TRADE BOARD (ITB) BECOME
REGULAR MEMBERS -- DIRECT
ADMINISTRATION TO PLACE DISCUSSION
CONCERNING CONSTITUTION OF ITB ON NEXT
AGENDA.
40.
(A) DISCUSS AND TEMPORARILY TABLE
M 93-433
141-147
PROPOSED RESOLUTION TO APPOINT INITIAL
7/8/93
MEMBERS TO THE COCONUT GROVE PARKING
ADVISORY COMMITTEE. (See label 50)
(B) DIRECT CITY ATTORNEY TO PREPARE
ENABLING ORDINANCE TO PROVIDE THAT ALL
APPOINTEES TO CITY BOARDS AND
COMMITTEES SERVE A ONE YEAR TERM.
41.
APPOINT INDIVIDUALS) TO SERVE AS
R 93-434
147-148
MEMBER(S) / ALTERNATE MEMBER ON THE
7/8/93
CODE ENFORCEMENT BOARD. (Appointed
were: Marta Flores and Johnny
Matthew.)
42.
APPOINT INDIVIDUALS) TO SERVE ON THE
R 93-435
148-149
HAITIAN TASK FORCES BOARD OF
7/8/93
DIRECTORS. (Appointed was: Dr. Rudolf
Moise.)
43.
APPOINT INDIVIDUAL TO SERVE AS A
R 93-436
149-150
REGULAR MEMBER OF THE PLANNING ADVISORY
7/8/93
BOARD. (Appointed was: Rosa Maria
Armesto.)
44.
APPOINT INDIVIDUALS) TO SERVE ON TAX-
R 93-437
150-152
EXEMPT PROPERTY COMMITTEE. (Appointed
7/8/93
were: Patrick O'Brien, Robert N.
Allen, Jr., & Pan Courtelis.)
45.
BRIEFLY DISCUSS AND TEMPORARILY TABLE
DISCUSSION
PROPOSED RESOLUTION TO APPOINT AN
7/8/93
INDIVIDUAL TO SERVE ON THE MIAMI
WATERFRONT ADVISORY BOARD. (See label
84)
46.
BRIEFLY DISCUSS AND DEFER CONSIDERATION
DISCUSSION
OF PROPOSED RESOLUTION TO APPOINT
7/8/93
INDIVIDUALS) TO SERVE ON THE OFFICE OF
PROFESSIONAL COMPLIANCE ADVISORY PANEL.
47.
APPOINT / REAPPOINT MEMBERS TO THE
M 93-438
PRIVATE INDUSTRY COUNCIL OF SOUTH
7/8/93
FLORIDA (PIC). (Appointed were: Linda
Eads and Gabriel Torres. Reappointed
were: Josefina Bonet Habif, Willy
Ivory, Melvin (Skip) Chaves, Tito
Gomez, Billy Hardemon and Dorothy
Graham.)
48.
CONFIRM AFSCME'S APPOINTMENT OF AN
R 93-439
INDIVIDUAL TO THE GENERAL EMPLOYEES'
7/8/93
AND SANITATION EMPLOYEES' RETIREMENT
TRUST. (Confirmed was: Edmund
DiLoretto.)
49.
(Continued discussion) APPOINT
R 93-440
INDIVIDUALS) TO THE ALLAPATTAH
7/8/93
BUSINESS DEVELOPMENT AUTHORITY'S BOARD
OF DIRECTORS. (Appointed was: Ruben
Cruz.) (See label 37)
50.
(Continued discussion) APPOINT
M 93-441
MEMBER(S) TO COCONUT GROVE PARKING
7/8/93
ADVISORY COMMITTEE. (Appointed was:
Rev. Richard Curry.) (See label 40)
51.
(Continued discussion) ACCEPT PROPOSAL
R 93-442
OF MORRIS & McDANIEL, INC. -- TO
7/8/93
DEVELOP / IMPLEMENT A CUSTOMIZED
ASSESSMENT CENTER PROCESS FOR
CLASSIFICATION OF POLICE CAPTAIN. (See
label 6)
52.
(Continued) DISCUSSION CONCERNING PRIOR
DISCUSSION
RESOLUTION AUTHORIZING EXECUTION OF
7/8/93
AGREEMENTS WITH NEIGHBORHOOD BASED
HOUSING COMMUNITY DEVELOPMENT
CORPORATIONS. (See label 22)
152
153
154-157
157-158
158-159
159-161
161-177
178-189
53. (Continued discussion) EXECUTE R 93-443
AGREEMENT WITH CHARLES H. MOON, JR., 7/8/93
FOR PURCHASE OF CITY PROPERTY AT 3659
GRAND AVENUE IN CONNECTION WITH
COMMERCIAL/RESIDENTIAL DEVELOPMENT OF
PROPERTIES SURROUNDING THE TIKI CLUB
PROJECT. (See label 16 & 22)
54. (Continued) DISCUSSION AND DEFERRAL OF DISCUSSION
PROPOSED RESOLUTION TO ACCEPT BID OF JR 7/8/93
BUILDERS, INC., TO FURNISH 51 FRENCH
WINDOWS TO BE INSTALLED AT MANUEL
ARTIME COMMUNITY CENTER. (See label 4)
55. DISCUSS AND TEMPORARILY TABLE DISCUSSION
CONSIDERATION OF PROPOSED CITY POLICY 7/8/93
CONCERNING USE OF LATERAL VASCULAR NECK
RESTRAINT BY POLICE DEPARTMENT. (See
label 61)
56. REALLOCATE APPROXIMATELY $500,000 IN R 93-444
UNEXPENDED COMMUNITY DEVELOPMENT (CDBG) 7/8/93
FUNDS FROM SEVERAL CDBG-ASSISTED
HOUSING PROJECTS' FUND BALANCES -- FOR
PURPOSE OF ACQUIRING SUITABLE HOUSING
SITES THROUGHOUT THE CITY, MORE
SPECIFICALLY, WEST OF I-95 IN THE
OVERTOWN COMMUNITY DEVELOPMENT TARGET
AREA.
57. RATIFY CITY MANAGER'S FINDING THAT R 93-445
HOFFEN CORPORATION HAS DEFAULTED ON ITS 7/8/93
CONTRACT FOR CONSTRUCTION OF N.W. 15
AVENUE PAVING PROJECT B-4548 (CIP
341175) -- RESCIND RESOLUTION 92-410 --
AUTHORIZE RESOL, INC. TO PROCEED WITH
CONSTRUCTION OF SAID PROJECT.
58. CONFIRM ASSESSMENT ROLL: FOR R 93-446
CONSTRUCTION OF MORNINGSIDE HIGHWAY 7/8/93
IMPROVEMENT (DISTRICT H-4523).
59. RATIFY CITY MANAGER'S FINDING OF SOLE R 93-447
SOURCE -- APPROVE ACQUISITION OF AN 7/8/93
OPTICAL SCANNING SYSTEM FROM NATIONAL
COMPUTER SYSTEMS -- FOR DEPARTMENT OF
PERSONNEL MANAGEMENT.
189-210
210-215
215-216
217-218
216-219
220
221
60. APPROVE COCONUT GROVE FESTIVAL
COMMITTEE'S RECOMMENDATIONS THAT THE
BALANCE OF COMMITTEE FUNDS GENERATED
FROM THE SPECIAL IMPACT FEE ON
FESTIVALS (APPROXIMATELY $87,000),
MINUS $10,000 (TO BE KEPT AS A
RESERVE), PLUS $41,000 FROM CIP FUNDS
TO BE USED AND EXPENDED TO COMPLETE
PHASES I AND II OF THE PEACOCK PARK
RENOVATION PROJECT.
61. (Continued discussion) ESTABLISH CITY
OF MIAMI POLICY THAT THE LATERAL
VASCULAR NECK RESTRAINT MAY NO LONGER
BE USED BY THE POLICE DEPARTMENT AS A
TECHNIQUE FOR CONTROL OF PERSONS /
SUSPECTS, IF SAID INDIVIDUALS DO NOT
POSE IMMEDIATE THREAT OF LIFE OR GREAT
BODILY HARM TO A POLICE OFFICER AND/OR
OTHER INDIVIDUALS. (See label 55)
R 93-448
7/8/93
R 93-449
7/8/93
62. GRANT FUNDING REQUEST BY COMMITTEE ON R 93-450
BEAUTIFICATION AND ENVIRONMENT 7/8/93
CONCERNING THIS YEAR'S ROYAL FIESTA.
63. PERSONAL APPEARANCE BY MS. ROSALIND DISCUSSION
FORREST TO REQUEST (A) A FENCE AROUND 7/8/93
SIMPSON PARK AND (B) THE COMMISSION TO
MAKE IT MANDATORY FOR ALL CITY PARKS TO
PLANT WILD FLOWERS -- SAID FLOWERS TO
BE DONATED BY THE DEPARTMENT OF
TRANSPORTATION -- REFER TO
ADMINISTRATION.
64. DISCUSSION CONCERNING REQUEST BY EL M 93-451
YAYABO SOFTBALL CLUB, INC. TO BE 7/8/93
ALLOWED TO SPEND $60,000-$70,000 IN
IMPROVEMENTS TO ROBERT KING HIGH
PARK -- REFER TO ADMINISTRATION FOR
NEGOTIATION, WITH PROVISOS.
65. PERSONAL APPEARANCE BY MR. WILLIAM DISCUSSION
GARCIA (FROM CORREA & GUARCH, P.A.) TO 7/8/93
DISCUSS ALLEGATIONS CONCERNING A WALL
ON PROPERTY AT 4104 VENTURA AVENUE --
REFER TO ADMINISTRATION AND CITY
ATTORNEY TO IDENTIFY BEST MECHANISM TO
DEAL WITH THIS ISSUE AND COME BACK WITH
RECOMMENDATION.
222-237
237-259
260-265
265-269
269-275
276-282
66.
DIRECT ADMINISTRATION TO CONDUCT A
M 93-452
282-297
STUDY OF ZONING CLASSIFICATIONS OF
7/8/93
GENERAL AREA SURROUNDING INTERSECTION
OF CORAL WAY AND S.W. 27 AVENUE TO
EXPLORE MOST SUITABLE ZONING
CLASSIFICATION FOR THE AREA.
67.
GRANT REQUEST BY EDGEWATER ECONOMIC
R 93-453
297-302
DEVELOPMENT CORP. DESIGNATE N.E. 2
7/8/93
AVENUE FROM 17 STREET TO 36 STREET AS
THE FILM DISTRICT OF MIAMI.
68.
DISCUSS AND REFER TO CITY MANAGER
M 93-454
302-306
PROPOSAL RECEIVED FROM BLUE STAR
7/8/93
SECURITY SERVICES CORP. FOR USE OF
SECURITY OFFICERS TO SUPPLEMENT MIAMI
POLICE OFFICERS IN BAYSIDE AREA --
REQUEST MANAGER TO MAKE RECOMMENDATION.
69.
EXECUTE THREE-YEAR AGREEMENT WITH FIRST
R 93-455
307-311
UNION BANK TO PROVIDE BANKING SERVICES
7/8/93
TO THE CITY OF MIAMI -- AUTHORIZE
EXTENSION OF CURRENT CONTRACT WITH
FIRST UNION BANK TO ENSURE NO
INTERRUPTION OF BANKING SERVICES.
70.
DISCUSSION CONCERNING LOAN REQUEST FOR
DISCUSSION
312-317
$20,000 BY MIAMI SPORTS AND EXHIBITION
7/8/93
AUTHORITY.
71.
GRANT FUNDING REQUEST BY MIDNIGHT
R 93-456
317-319
BASKETBALL LEAGUE AT THE SAME LEVEL OF
7/8/93
LAST YEAR'S FUNDING, AS AN ADVANCE
AGAINST ANTICIPATED LAW ENFORCEMENT
TRUST FUND FUNDING.
72.
APPROVE ASSIGNMENT OF SHELTER
R 93-457
320-325
ADVERTISING OF AMERICA, INC.'S
7/8/93
AGREEMENT (DATED JANUARY 26, 1989) WITH
THE CITY TO PATRICK MEDIA GROUP, INC.,
A WHOLLY -OWNED SUBSIDIARY OF GENERAL
ELECTRIC CAPITAL CORPORATION -- FOR
FURNISHING / INSTALLATION / MAINTENANCE
OF BUS SHELTERS WITHIN THE CITY --
AUTHORIZE EXECUTION OF AGREEMENT.
73.
WAIVE POLICE SURCHARGE FOR CELEBRATIONS
R 93-458
326-327
ON JULY 4TH CELEBRATION AT BAYFRONT
7/8/93
PARK.
73.1
MAYOR SUAREZ RECOMMENDS TO FILMING CREW
DISCUSSION 327-328
FROM THE FIRE DEPARTMENT TO MEET WITH
7/8/93
MR. DAVID SUDA CONCERNING COMMENTS BY
HIM AS TO THE POOR QUALITY OF RECORDING
OF COMMISSION MEETINGS.
74.
WAIVE ALL USER FEES FOR USE OF MARGARET
R 93-459 328-329
PACE PARK BY MIAMI HOOTERS ARENA
7/8/93
FOOTBALL FOR THE STAGING OF PRACTICE
SESSIONS -- ACCEPT DONATION OF TICKETS
BY MIAMI HOOTERS, VALUED AT NO LESS
THAN AMOUNT OF WAIVER, WITH PROVISOS.
75.
REFER TO MIAMI STREET CODESIGNATION
M 93-460 329-331
REVIEW COMMITTEE PROPOSED CODESIGNATION
7/8/93
OF MIAMI AVENUE FROM S.W. 9 TO it
STREETS AS: EMERSON FITTIPALDI.
76.
(Continued) BRIEF CLARIFYING COMMENTS
DISCUSSION 331
CONCERNING PRIOR ADOPTION OF RESOLUTION
7/8/93
ACCEPTING BID OF P.M.S. ENTERPRISES,
INC. FOR FURNISHING COMPUTERIZED
PHOTOGRAPHIC MINI -LAB TO POLICE
DEPARTMENT -- STIPULATE SAID LAB WOULD
BE AVAILABLE FOR USE BY ANY CITY
DEPARTMENT. (See label 29)
77.
ALLOCATE TWO -TWELFTHS OF PREVIOUSLY
R 93-461 331-336
APPROVED CDBG YEARLY ALLOCATION OF 19TH
7/8/93
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDING TO PREVIOUSLY NAMED
SOCIAL SERVICE AGENCIES.
78.
DISCUSS AND TEMPORARILY TABLE PROPOSED
DISCUSSION 336-338
RESOLUTION TO EXECUTE AGREEMENTS WITH
7/8/93
NEIGHBORHOOD ECONOMIC DEVELOPMENT
ORGANIZATIONS TO CONTINUE IMPLEMENTING
ECONOMIC DEVELOPMENT PROGRAMS WITH
FUNDS ALLOCATED FROM 19TH YEAR CDBG.
(See label 80)
79.
DISCUSSION CONCERNING RALPH SANCHEZ'
DISCUSSION 339-340
PRESENT INTENT TO RUN THE GRAND PRIX
7/8/93
RACE AT DOWNTOWN MIAMI SITE.
80.
(A) (Continued discussion) EXECUTE
R 93-462 341-352
AGREEMENTS WITH 13 NEIGHBORHOOD
M 93-463
ECONOMIC DEVELOPMENT ORGANIZATIONS FOR
M 93-464
PERIOD JULY 1 THROUGH OCTOBER 31,
7/8/93
1993 -- TO CONTINUE IMPLEMENTING
ECONOMIC DEVELOPMENT PROGRAMS --
ALLOCATE 4/12THS OF PREVIOUSLY APPROVED
CDBG YEARLY ALLOCATION OF FUNDS FROM
19TH YEAR CDBG -- COMMISSION DELETED
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION FROM ABOVE -CITED GROUP OF
FUNDED ORGANIZATIONS. (See label 78)
(B) DIRECT CITY MANAGER TO WORK WITH
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION BOARD OF DIRECTORS IN ORDER
TO ENSURE THAT THE CORPORATION WILL
CONTINUE TO OPERATE IN THE COMMUNITY.
(See label 81)
(C) ALLOCATE $10,000 TO TAKE CARE OF
IMMEDIATE DEBTS OF WYNWOOD COMMUNITY
ECONOMIC DEVELOPMENT CORPORATION WHICH
CITY MANAGER FEELS ARE NECESSARY TO BE
PAID.
81.
DISCUSSION CONCERNING MEMBERSHIP OF THE
DISCUSSION 352-355
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
7/8/93
CORPORATION, INC. BOARD, COMMISSION
APPOINTMENTS, AND LEGITIMACY OF ITS
CHAIRPERSON. (See label 80)
82.
AUTHORIZED PURCHASE OF 5 STREET
R 93-465 355-357
SWEEPERS (UNDER EXISTING CITY OF MIAMI
7/8/93
BEACH BID NO 57-92/93) FROM RAY PACE'S
WASTE EQUIPMENT, INC. -- FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE (CIP
353010). [KW: cabs, chassis, heavy
equipment]
83.
AMEND RESOLUTION 93-13, WHICH GRANTED
R 93-466 357-360
TEMPORARY CONSTRUCTION EASEMENT ON
7/8/93
WATSON ISLAND TO FLORIDA DEPARTMENT OF
TRANSPORTATION FOR ITS USE AS A STAGING
AREA FOR BRIDGE GIRDERS, CONCRETE
BRIDGE SEGMENTS AND OTHER RELATED WORK
FOR CONSTRUCTION OF THE MACARTHUR
CAUSEWAY HIGH LEVEL BRIDGE AND
APPROACHES -- THEREBY AMENDING SAID
GRANT OF TEMPORARY CONSTRUCTION
EASEMENT TO PROVIDE FOR RELOCATION OF
SAID EASEMENT TO A DIFFERENT PARCEL ON
WATSON ISLAND, WITH PROVISOS.
84. (Continued discussion) APPOINT R 93-467 361
INDIVIDUAL TO MIAMI WATERFRONT ADVISORY 7/8/93
BOARD. (Appointed was: Willy
Bermello.) (See label 45)
85. RENAME THE ALLAPATTAH COMMUNITY CENTER R 93-468 362-363
BUILDING AFTER ORLANDO URRA. 7/8/93
86. DISCUSS AND DEFER PROPOSED RESOLUTION DISCUSSION 363-364
TO ENTER INTO CONTRACT WITH MIAMI 7/8/93
CAPITAL DEVELOPMENT, INC. (MCDI) WHICH
PROVIDES $500,000 TO EXISTING REVOLVING
LOAN FUND AND $250,000 FOR
ADMINISTRATIVE OPERATIONS -- (7/1/93-
6/30/94).
87. DISCUSSION CONCERNING PRESENT SITUATION DISCUSSION 365-366
INVOLVING OPENING AND CLOSING OF CITY 7/8/93
BRIDGES -- DISCUSS POSSIBLE INSTITUTION
OF REGULATORY POLICY.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 8th day of July, 1993, the City Commission of Miami, Florida, met
at its regular meeting place in the City Halt, 3500 Pan American Drive, Miami,
Florida in regular session.
The meeting was called to order at 9:01 a.m. by Vice Mayor Victor De
Yurre with the following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
Mayor Xavier L. Suarez
An invocation was delivered by Vice Mayor De Yurre who then led those
present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: By memo from City Manager Cesar
dio, Items CA-7, 19, 20, 31, 58, 11, and 55 were
withdrawn.
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
------------------------------------------------------------------------------
(A) Commendation: Mr. Roger Soman -- for his commitment toward the
homeless.
(B) Presentation: Officer Nelson Correa -- William Craig Award from
M.A.D.D. (Mothers Against Drunk Drivers).
(C) Certificate of appreciation: FPL -- for timely restoration of power
to the City after Hurricane Andrew.
1 July 8, 1993
(D) Recognition: Jessy McCrary -- for straightening out problems at
JESCA (James E. Scott Community Association).
2. COMMISSIONER DAWKINS QUESTIONS ADMINISTRATION ON DISTRIBUTION OF THE
SUPPLEMENTAL AGENDA.
Commissioner Dawkins: Mr. City Manager, I have a supplementary agenda that
was delivered to me yesterday. And that is not, according to the Charter, I
have not had this five days. So, why, why am I hearing it?
Mr. Cesar Odio (City Manager): Commissioner, what happened in the last
Commission meeting, items were asked to be brought back today. If you
remember, I said that we already had printed the regular Commission Agenda for
this week. And, that any item that were brought back will have to be in a
supplemental.
Commissioner Dawkins: Oh, you did explain, and we did agree to let you bring
them back on a Supplemental?
Mr. Odio: Well, I was told by the Mayor to bring them back. And the only
way, I could bring them back was by printing a Supplemental Agenda.
Commissioner Dawkins: You see. I am getting a mixed signal now. Now you are
saying that you were told, that I asked you that this Commission okayed you to
bring it back. Now, you are telling me that the Mayor asked you to bring it
back.
Mr. Odio: No, No, on the record here, I was told to bring it back. And those
are the items that were left out, that were not taken on the last Commission
meeting. But, if you remember, I said clearly that the agenda for today was
already printed.
Commissioner Dawkins: You did say that.
Mr. Odio: And the only way I could bring those back is by printing another
agenda.
Commissioner Dawkins: Well, I'll wait until the Mayor comes. If the Mayor
can explain it, fine, if not, I am going to call the rule. Because I have not
had it 5 days.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Say what, sir?
Mr. Aurelio Perez-Lugones: It doesn't need the five days.
Commissioner Dawkins: Say what?
2 July 8, 1993
Mr. Perez-Lugones: It does not need the five days. It was in the previous
agenda already.
Commissioner Dawkins: All right. Ms. City Attorney, give me a ruling.
Ms. Irma Abella (Assisting City Attorney): Yes, sir. That is correct. They
were in the prior agenda. They had already been advertised. And...
Commissioner Dawkins: Wait a minute. They were previously advertised.
Commissioner Plummer: I really don't know why we are going through this.
Just defer then. It is that simple. If you have a problem with the items on
the agenda...
Commissioner Dawkins: I don't have a problem with them, J.L. It is just that
I don't have... Sometimes...
Commissioner Plummer: The process, you have a problem?
Commissioner Dawkins: Sometimes, when they want things and they want them is
all right. But, when they don't want them they don't put them on the agenda.
Commissioner Plummer: OK. I understand.
Commissioner Dawkins: Let them go. Let them go. I am sorry. Let them go.
City Attorney, said that it's OK, to let them go.
Commissioner Alonso: We can be selective and say the ones that are going to
take off and not.
Commissioner Dawkins: No, 1et them go. Thank you. Thank you, Mr. Vice
Mayor.
------------------------------------------------------------------------------
3. CONSENT AGENDA.
Vice Mayor De Yurre: OK. Moving on in the Consent Agenda, are there any
items to be pulled before we approve this?
Commissioner Plummer: Uh, hold on here. I'll ask. We11, I have to ask
questions on 4, 5 and 6.
Commissioner Dawkins: Four, five and six, OK.
I
Commissioner Plummer: And they are just really questions.
Vice Mayor De Yurre: Any other items?
Commissioner Alonso: Well, actually in CA-1, I don't have any problems,
but...
3 July 8, 1993
Commissioner Plummer: Oh, I did, I did, pull 1.
Commissioner Alonso: ...I have a question that I would like to ask...
Commissioner Plummer: One. Yeah.
Commissioner Alonso: So, one. Well...
Vice Mayor De Yurre: Miller, no problems this morning? OK.
Commissioner Dawkins: Thank you.
Vice Mayor De Yurre: We're pulling one.
Commissioner Plummer: I move the remaining portion of the consent agenda.
Commissioner Dawkins: Second.
Vice Mayor De Yurre: OK. Call the roll.
Commissioner Plummer: Which would be 2, 3, 8 , 9, 10 and 11.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER DAWKINS, THE CONSENT AGENDA
ITEMS WERE PASSED 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
3.1 ACCEPT BID: MERCEDES ELECTRIC SUPPLY -- FOR FURNISHING FLOOD LIGHTING
EQUIPMENT FOR ORANGE BOWL STADIUM TO DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE / PROPERTY MAINTENANCE DIVISION.
RESOLUTION NO. 93-399
A RESOLUTION ACCEPTING THE BID OF MERCEDES ELECTRIC
SUPPLY FOR THE FURNISHING OF FLOOD LIGHTING EQUIPMENT
FOR THE CITY OF MIAMI'S ORANGE BOWL STADIUM TO THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE/PROPERTY MAINTENANCE DIVISION AT A TOTAL
PROPOSED AMOUNT OF $11,800.00; ALLOCATING FUNDS
THEREFOR FROM THE GENERAL SERVICES
ADMINISTRATION/PROPERTY MAINTENANCE DIVISION ACCOUNT
CODE NO. 420401-707; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
4 July 8, 1993
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.2 AUTHORIZE PURCHASE OF ONE FILE SERVER AND COMPUTER HARDWARE FOR SIX
WORKSTATIONS (UNDER EXISTING DADE COUNTY RFP NO. 1059-10/93-OTR-CW) --
FROM COMPUTER EXPRESS/MICROAGE, INC.
RESOLUTION NO. 93-400
A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) FILE
SERVER AND COMPUTER HARDWARE FOR SIX (6) WORKSTATIONS,
UNDER AN EXISTING DADE COUNTY RFP NO. 1059-10/93-OTR-
CW FROM COMPUTER EXPRESS/MICROAGE, INC., AT AN
ESTIMATED AMOUNT OF $16,219.00, FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION & SOLID WASTE,
PROCUREMENT MANAGEMENT DIVISION; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 420901-840; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.3 ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS, INCLUDING WAIVER OF ALL
USER FEES, FOR USE OF BOBBY MADURO MIAMI BASEBALL STADIUM BY THE MIAMI
AMATEUR BASEBALL ASSOCIATION -- EXECUTE AGREEMENT.
RESOLUTION NO. 93-401
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS, INCLUDING THE WAIVER OF
ALL USER FEES, FOR THE USE OF THE BOBBY MADURO MIAMI
BASEBALL STADIUM BY THE MIAMI AMATEUR BASEBALL
ASSOCIATION ("MABA") FOR THE STAGING OF BASEBALL GAMES
TO BE HELD FROM JULY 23 - 25, 1993; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI AND MABA FOR THIS PURPOSE, SUBJECT TO THE
ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN
AN 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.)
July 8, 1993
3.4 ACCEPT DONATION OF HEAVY DUTY TOOLS AND EQUIPMENT -- FROM RAMCO
EQUIPMENT, INCORPORATED -- FOR REPAIRING AND MAINTAINING FIRE
DEPARTMENT'S FIRE APPARATUS AND EQUIPMENT.
RESOLUTION NO. 93-402
A RESOLUTION ACCEPTING THE DONATION OF HEAVY DUTY
TOOLS AND EQUIPMENT FROM RAMCO EQUIPMENT,
INCORPORATED, VALUED AT AN ESTIMATED AMOUNT OF
$14,000.00, TO BE USED BY THE DEPARTMENT OF FIRE
RESCUE AND INSPECTION SERVICES FOR THE PURPOSE OF
REPAIRING AND MAINTAINING THE DEPARTMENT'S FIRE
APPARATUS AND EQUIPMENT; ALLOCATING FUNDS THEREFOR TO
COVER SHIPPING, HANDLING, AND STORAGE FOR SAID
DONATION IN AN AMOUNT NOT TO EXCEED $4,500 FROM
DEPARTMENT OF FIRE - RESCUE FY 92-93 BUDGET, INDEX NO.
280701-720.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.5 ENTER INTO PROFESSIONAL SERVICES AGREEMENT WITH THE NATIONAL DEVELOPMENT
COUNCIL INC. -- TO PROVIDE SERVICES IN CONNECTION WITH SECURING
FINANCING FOR RESIDENTIAL AND COMMERCIAL DEVELOPMENT PROJECTS IN
SOUTHEAST OVERTOWN / PARK WEST AREA.
RESOLUTION NO. 93-403
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
THE NATIONAL DEVELOPMENT COUNCIL INC., TO PROVIDE
SERVICES IN CONNEC-TION WITH SECURING FINANCING FOR
RESIDENTIAL AND COMMERCIAL DEVELOPMENT PROJECTS, IN AN
AMOUNT NOT TO EXCEED $50,000; FURTHER AUTHO-RIZING
COMPENSATION FROM FUNDS AVAILABLE IN THE SOUTHEAST
OVERTOWN PARK/WEST REDEVELOP-MENT TRUST FUND ACCOUNT
(PROJECT NO. 689001)
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
July 8, 1993
3.6 ACCEPT GRANT ($7,200) FROM METROPOLITAN DADE COUNTY UNDER ITS TOURIST
DEVELOPMENT ROOM TAX PLAN -- TO BE USED BY PARKS DEPARTMENT TO HOST
ELEVENTH ANNUAL YOUTH BASEBALL WORLD SERIES AT BOBBY MADURO MIAMI
STADIUM.
RESOLUTION NO. 93-404
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING A GRANT IN
THE AMOUNT OF $7,200 FROM METROPOLITAN DADE COUNTY
UNDER ITS TOURIST DEVELOPMENT ROOM TAX PLAN TO BE USED
BY THE DEPARTMENT OF PARKS AND RECREATION TO HOST THE
ELEVENTH ANNUAL YOUTH BASEBALL WORLD SERIES AT THE
BOBBY MADURO MIAMI STADIUM, JULY 29TH THROUGH AUGUST
4TH, 1993; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS IN SUBSTANTIALLY THE FORM
ATTACHED, FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4. (A) DISCUSS AND DEFER PROPOSED RESOLUTION TO ACCEPT BID OF JR BUILDERS,
INC., FOR FURNISHING 51 FRENCH WINDOWS FOR INSTALLATION AT MANUEL ARTIME
COMMUNITY CENTER. (Later reconsidered - See label 54)
(B) FURNISH AND INSTALL AIR CONDITIONING UNITS AT MANUEL ARTIME
COMMUNITY CENTER.
Vice Mayor De Yurre: OK. Number one.
Commissioner Plummer: I have to vote against this. The Artime Center is
taking subsidy presently of near three hundred thousand, I think, projected in
the new budget. And, I just think that over a thousands dollars a window for
this project, is out of question. I think we are short of money. And, as
such, I think it is out of question. So, I will vote negatively.
Vice Mayor De Yurre: Could you explain the situation to us, Mr. Odio?
Mr. Cesar Odio (City Manager): Well, these are to replace the original
windows in the building. They are expensive. They are not regular house
windows. This is a huge building, a theatre. And this is part... trying to
finalize the renovation of the building.
I
Commissioner Plummer: Mr. Manager, I am told that you can get windows a lot
cheaper. That is what I was told.
Mr. Odio: Well, this is a bid. We got the lowest bid here.
Commissioner Plummer: Yes, based on French windows, you got the lowest bid.
But, what I am saying to you is - Hey, I am not going to fight you - to me, it
7 July 8, 1993
is Champagne on a Bud Beer wallet. You keep telling me we don't have any
money, we don't have any money. And I am saying, that you are buying the best
windows out there that you can find for a situation which is just furthering
and furthering more subsidy. I am not going to vote for it, sir. You can sit
there and talk all day long. But, I think that if you have to put in windows,
put in windows. But, you don't have to go for champagne when you can only
afford beer.
Commissioner Alonso: Yes. I have some questions in reference to the air
conditioner at this site. Didn't we approve replacement of the air
conditioner at that property?
Mr. Frank Castaneda: No, that was for the old building. Now, the air
conditioner problem is in the new building, Commissioner.
Mr. Odio: It burned.
Commissioner Alonso: Because I attended the other day several events and the
air conditioner was off. The situation was unbearable.
Mr. Odio: You are right, Commissioner.
Commissioner Alonso: It was full to capacity. It was very embarrassing. For
hours we were in the place and it was really incredible.
Mr. Odio: We are trying to find a new one right now to have installed. It
costs as much to repair that a new one will cost. And we are talking about
$55,000.00. But, we have to install it. They have orders to go on an
emergency basis and find the air conditioner.
Mr. Castaneda: Commissioners...
Commissioner Alonso: Were they able to fix the equipment to at least...
Mr. Odio: You cannot. You cannot.
Commissioner Alonso: No, it is off completely.
Mr. Castaneda: No, the air conditioning system is working at 50 percent
capacity. The problems is, that as you know, the food stamp people that go
there, go at the beginning of the month. And there are tremendous numbers of
people going into the building and it cannot hold... and it has been very hot.
Mr. Odio: But, we have a resolution that I ...
Commissioner Alonso: What about the people who have events coming up? What
is going to happen?
Mr. Castaneda: No...
Mr. Odio: If we can get this resolution passed today, we can have it on ...
Mr. Castaneda: That's right. The events happening in the theatre part are
fine. The problem is now in the old building. But, Commissioner, you know...
8 July 8, 1993
Commissioner Alonso: But, I am talking about the theatre inside the building
were the people sit. That's were the problem was. It was unbearable. I was
there for three hours or so, and people were in such a horrible condition. I
was embarrassed.
Mr. Odio: You are right. That is why we have prepared this resolution. If
you can pass this resolution we need to order the air conditioner.
Mr. Castaneda: Commissioner Alonso is talking about something else now.
Commissioner Alonso: I am talking about something else?
Mr. Castaneda: Yes. You are talking about the old building. She is talking
about the old building.
Mr. Odio: The old building. I am talking about the burned out unit on the...
Mr. Castaneda: The Commission...
Commissioner Alonso: Would you say 970 is the Artime building?
Commissioner Plummer: Excuse me, Commissioner. Are we not the agenda on
windows?
Commissioner Alonso: Yes. But, I have decided that I wanted to ask about it.
Manuel Artime is in front of us and I inquired about the air condition.
Because, if I am talking about this item spending this amount of money, and we
have another issue that is to me of great importance, we should take it
first...
Commissioner Plummer: That is another issue. I agree.
Commissioner Alonso: ... and then look at windows, when we don't have the air
condition.
Commissioner Plummer: You should open them up.
Commissioner Alonso: It seem to me that , you know...
Mr. Castaneda: Commissioner, let me deal with the issue separately. You are
talking about the old building, the Commission has approved air conditioning
for that new building... the old building, I believe, that it will be
installed within the next two weeks. And, we are coping with the situation
there. Again, the air condition there is working within 60 percent capacity.
But, everything is on its way to resolve that issue. The second problem that
we are now having, is the air conditioning in the old... new building, and
that air conditioner needs completely new air conditioner units.
Commissioner, I don't want to keep anything away from you. I want you to know
that there is a potential problem in the Administration building, of the roof.
And, GSA is saying that we need to tent the building, because there are
termites in the building.
9 July 8, 1993
Commissioner Plummer: When you are saying Administration building, of this or
downtown?
Mr. Castaneda: Yeah, the new building.
Commissioner Dawkins: Which building?
Commissioner Plummer: Downtown?
Commissioner Alonso: He is talking about this location.
Mr. Castaneda: No, I am talking about the 970 building.
Commissioner Plummer: The what?
Mr. Odio: Yes, you have the new building and you have the theatre.
Mr. Castaneda: There are some roof problems where the - in that new building.
Commissioner Plummer: So, they are anticipating here to spend another hundred
and thirty thousands dollars on top of three hundred thousands dollars of
subsidy, for a thing that brings in, last year, according to your numbers, a
total of eleven thousands dollars in revenue.
Mr. Castaneda: Commissioner, that's the church building...
Commissioner Plummer: No, the office building is worse. They there for a
dollar.
Mr. Castaneda: OK.
Commissioner Plummer: They are there for one dollar. I mean, how much. You
know, somewhere this subsidy stuff has got to stop.
Mr. Odio: You know Commissioner. You know, I have been hearing about this
for years now. I didn't build that building, we took that building over. I
think it is an important building for the community of Little Havana. And, we
are committed to it or we are not. Now, if we are committed to it, let's...
We have reduced the deficit as much as we can. It is a community building, we
cannot charge full fees for the use of that building.
Commissioner Plummer: Mr. Manager. Excuse me.
Mr. Odio: I mean, what do you want me to do?
Commissioner Plummer: I understand fully what you are saying...
Mr. Odio: Either keep it intact or...
Commissioner Plummer: ...that two years ago or three years ago, our financial
picture was a lot different than what it is today. Now, you are crying bigger
tears today than you did three years ago about the financial crunch.
Mr. Odio: But, we do have a building there and we have to keep it up.
10 July 8, 1993
Commissioner Plummer: Sir, we got a million dollars that we are spending on a
garage downtown - subsidy - that we cannot sell.
Mr. Odio: Yeah, we have a Bayfront Park that we have to subside.
Commissioner Plummer: We have three hundred thousands dollars of subsidy on
the Gusman Center. We have subsidy on the Dinner Key Auditorium.
Mr. Odio: Bayfront Park.
Commissioner Plummer: Bayfront Park is without a question.
Mr. Odio: OK. It is a big turkey. Now...
Commissioner Plummer: No - no - no, the big turkey, Mr. Manager, do you want
to get into that one? You, your Administration allowed me to lose a hundred
thousands dollars on Sunday.
Mr. Odio: Come on!
Commissioner Plummer: Excuse me. Let's talk about turkeys.
Mr. Odio: You mean because they were vendors out on the street?
Commissioner Plummer: There were vendors out there.
Mr. Odio: Is that the deficit in Bayfront Park?
Commissioner Plummer: Mr. Manager, we asked about people here. We were
assured that those vendors would not be allowed to be there. They were there.
Seventy of them.
Mr. Odio: Commissioner.
Vice Mayor De Yurre: OK. Guys, can we get back to Artime?
Commissioner Plummer: Sure.
Vice Mayor De Yurre: Thank you, Commissioner. Thank you very much.
Commissioner Alonso: Yes, if I may, I would like to defer this item that we
have in front of us. I don't think it will be a big issue. And, you want me
to present this resolution at this time?
Mr. Odio: Yes, please.
Commissioner Alonso: If my fellow Commissioners don't have any objections, I
i will. "A resolution authorizing the furnishing and installation of air
conditioning units to the Manuel Artime Community Center, located at 970 S.W.
1st Street, Miami, Florida; authorizing the City Manager to advertise, accept
and evaluate bids to provide such equipment and installation of said building;
further authorizing the City Manager to award the bid to the lowest,
responsive, responsible bidder for said equipment and installation;
11 July 8, 1993
authorizing the City Manager to execute the necessary agreements in a form
acceptable to the City Attorney and direct the Chief Procurement Officer to
issue the necessary purchase order for said equipment and installation
therefor, funds to .be allocated from the Community Development Block Grant
Program." I so move.
Vice Mayor De Yurre: OK, moved. Seconded by Miller?
Commissioner Dawkins: Second. Under discussion. Are we going to use the
$65,000 from CA-1 and do the air conditioners?
Mr. Odio: We11, let me, what he just told me, I think you should say it on
the record about the windows.
Commissioner Plummer: Oh, we have deep pockets. Don't worry about it.
Mr. Castaneda: Yeah, the...
Mr. Odio: We have water running into the building from the windows.
Commissioner Dawkins: OK. I asked only yes or no. That's all I asked.
Mr. Odio: No sir. It is another problem.
Commissioner Alonso: You have the funding available, you told me. Right?
Mr. Castaneda: Yes. Yes.
Commissioner Dawkins: OK. Then we have funds. You are not going to use
that.
Mr. Odio: No, sir.
Commissioner Dawkins: No further discussion.
Commissioner Plummer: Rob Peter to pay Paul. Let me ask you a question. Does
it make sense to anyone else around here that the people that are the
recipients that are enjoying this air conditioning, who pay one dollar a year
rent, should be assessed for part of the replacement cost?
Mr. Odio: Commissioner...
Commissioner Plummer: Does that make any sense to some people?
Mr. Odio: No.
Commissioner Plummer: I mean it does to me. But, I guess other people...
Mr. Odio: No, it does not, because the people that are paying a dollar a
year, are servicing our community. They cannot afford to pay for this. They
cannot afford to pay rent, never mind if they can afford to be able to pay for
fifty five thousand. Why waste time?
Commissioner Dawkins: I call...
12 July 8, 1993
Mr. Odio: They will be back right here.
Commissioner Dawkins: I'll call the order of the day cause we have been here
22 minutes on one item.
Commissioner Plummer: So be it.
Vice Mayor De Yurre: Call the roll, please.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-405
A RESOLUTION AUTHORIZING THE FURNISHING AND
INSTALLATION OF AIR CONDITIONING UNITS AT THE MANUEL
ARTIME COMMUNITY CENTER, LOCATED AT 970 SOUTHWEST 1ST
STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER
TO ADVERTISE, ACCEPT, AND EVALUATE BIDS TO PROVIDE
SUCH EQUIPMENT AND INSTALLATION AT SAID BUILDING;
AUTHORIZING THE CITY MANAGER TO AWARD THE BID TO THE
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR SAID
EQUIPMENT AND INSTALLATION; AUTHORIZING THE CITY
MANGER TO EXECUTE THE NECESSARY AGREEMENT(S), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO DIRECT
THE CHIEF PROCUREMENT OFFICER TO ISSUE THE NECESSARY
PURCHASE ORDER(S) FOR SAID EQUIPMENT AND INSTALLATION;
ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
(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 Suarez.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I have to vote yes for the air conditioning. Hopefully
that it will make it palatable were we can sell the damn thing.
13 July 8, 1993
1
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor De Yurre: Yes. Now, going back to Item 1, do we have a deferral
on this?
Commissioner Alonso: Yes. I will like to defer.
Vice Mayor De Yurre: Motion deferred.
Commissioner Dawkins: Second it.
Vice Mayor De Yurre: OK, call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER ALONSO AND
SECONDED BY COMMISSIONER DAWKINS, ITEM CA-1 (PROPOSED
PURCHASE OF FRENCH WINDOWS FOR THE MANUEL ARTIME
BUILDING) WAS DEFERRED 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 Suarez
5. (A) ACCEPT BID: A-1 INSTANT AIR CONDITIONING, INC. -- FOR FURNISHING
SIX PORTABLE AIR CONDITIONING UNITS TO DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES.
(B) DIRECT CITY MANAGER TO FIND A FUNDING SOURCE (e.g. TAX ANTICIPATED
NOTES, ETC.) FOR REPLACEMENT OF ALL OUTDATED AIR CONDITIONING UNITS IN
FIRE STATIONS.
------------------------------------------------------------------------------
Commissioner Plummer: I pulled CA-4. Will someone tell me what portable air
conditioners are needed for in the fire department. What do you do with
portables?
D.R. Wheeler (Deputy Fire Chief): Yes, sir. The reason we need portable air
conditioners is, one of our Fire Stations, Downtown Miami, the present air
conditioning unit is out. We have a major problem with it.
Commissioner Plummer: So we can put it in the Artime Center. But we can't
take care of our own fire stations. Incredible!
Chief Wheeler: Two hundred and twenty five thousands dollars.
Mr. Cesar Odio (City Manager): Uh, we wanted... It's two hundred and some
thousand dollars.
14 July 8, 1993
Commissioner Plummer: Yeah, but you wasted thirteen thousands here.
Commissioner Dawkins: You have to spend two hundred thousands dollars anyway.
You eventually, you got to fix the air conditioners anyway.
Commissioner Plummer: And sit there and tell me that with a straight face.
Chief Wheeler: No.
Commissioner Plummer: I don't believe it.
Chief Wheeler: We don't have the money to fix the air conditioner in station
one. The problem is, we are looking...
Commissioner Plummer: Chief, excuse me. My problem is around here, what has
the highest priority, our Fire Department or the Artime Center? OK.
Commissioner Dawkins: No, that's not... OK. That is not my priority. My
priority is, we find money for everything that we want to find money for. And
then, when it comes to things that are not important, like having a fire man
in a building where he cannot sleep, he has to toss and turn all night long.
And, then the bell goes off, he is not in top performance because he has not
gotten the proper able to rest. And you tel1 me that you want to buy a
portable that may just function in that one room and the rest of the station
is uncomfortable. That doesn't make any sense to me. I don't get, you find
money for anything else. What is the name of this fund, J.L., they are going
to borrow twenty million dollars from?
Commissioner Plummer: The Florida Commerce... no, it is not Sunshine, it is
the other one. Don't ask me.
Commissioner Dawkins: All right whatever it is. They got twenty million
dollars, you tell me you can't spend two hundred twenty five thousand dollars
out of twenty million dollars? Oh, Mr. Mayor, he want to say something.
Vice Mayor De Yurre: Yes, sir.
Mr. Shorty Bryson: Shorty Bryson, Miami Fire Fighters. I think that some
people are missing the point. This units, are special units that move, and
are not window units. They move from station to station.
Commissioner Plummer: They are portable.
Mr. Bryson: Yes, sir. Our problem is that air conditioning units go down and
It might take thirty to sixty days to get the proper parts, the people,
everything to repair them. What this does, is it eliminates my members from
grieving those situations that take more than a reasonable amount of time.
Because those portable units can go in there and keep them cool until we get
the main units fixed.
Commissioner Dawkins: That's fine, what you are saving. But, he just told
me that they don't have the money to fix it, period.
Mr. Bryson: Station One, that's true.
15 July 8, 1993
W
Commissioner Dawkins: OK. You see, I have a problem with that.
Mr. Bryson: It's a different story. You're right.
Commissioner Dawkins: See, so let's just say for the sake of discussion that
we put the six units in station A, and the air conditioner goes out on B and
C, now we got two units on each place and the other units are not fixed at
all.
Commissioner Plummer: How long did the people over in the all police station
waited for air conditioning? I think that they are still waiting.
Commissioner Dawkins: Somewhere along the line, we have to get our priorities
together.
Vice Mayor De Yurre: But, meanwhile...
Commissioner Plummer: Well, I'll tell you what I'll do. Based on what you
are saying here. I'll vote for them for GSA (General Services Administration)
to have them available to anybody that needs them. But, not just the fire
department.
Vice Mayor De Yurre: Was it coming out of the funds from the budget of the
fire department?
Chief Wheeler: Yes, it's our budget.
Commissioner Plummer: Sure. That's all right. So what, you've got thirteen
thousands to spare.
Vice Mayor De Yurre: So you can rent it to the other departments on as needed
basis.
Commissioner Plummer: I'll move Item 4 with the understanding that they are
to be the property of GSA, and to be used as needed for any and all
departments.
Commissioner Dawkins: I'll second it. And, when this passes, I have a second
motion.
Vice Mayor De Yurre: OK. Where is the money going to come from?
Chief Wheeler: I don't have a problem with that, as long as, when our fire
stations go down, we have the first option on using them.
Commissioner Plummer: If they are not in use for some higher priority at the
time.
Commissioner Alonso: But, why are we doing this? Do we want them to have an
air conditioner or we don't? I am missing something, somewhere.
Commissioner Plummer: Oh no, I am hopeful that the next motion that my
colleague is going to make is to do this air conditioning job that needs to be
done.
1.6 July 8, 1993
Commissioner Alonso: How could I possibly vote on this one when I don't know
what is coming up?
Commissioner Plummer: Well, you have to be around here long enough to be able
to second guess the devil.
Commissioner Alonso: No, no, I can't. And, I don't want to do that. So, if
I'm told, it would be easier for me to produce a logical vote. Can we hear
then the other option?
Vice Mayor De Yurre: Six units, does that pretty much cover what would be a
fire station?
Chief Wheeler: Six units, we feel can cover, probably, two fire stations.
And, what we want is, because, there are more than one of these stations that
goes down at one time, so we want to have the flexibility to move these units
around to cool as much as we can.
Commissioner Plummer: Excuse me. Why, Chief, I don't understand. Why are
these units going down, two station at a time. Is our maintenance that bad?
Our repair is not that good? There's got to be a reason. I am asking -
Charlie, you can jump up if you want. But, I am asking, why?
Mr. Charlie Cox: You've got one air conditioner man.
Commissioner Plummer: Is it the units are old? They are not worth a damn.
There has to be a reason for this community that has so much dependence on air
conditioning, that ...
Commissioner Dawkins: Wee!
Mr. Cox: You have on air conditioner man for the whole City of Miami. And
the priority do take steps, right after the hurricane we got brand new air
conditioners down here. OK. That's why the fire department took its back
seat. OK. You've got units that are twenty years old, thirty years old, that
are constantly breaking down. I had to contact your offices when the police
department went down. When there are no windows down there that can cool it.
You know, you are right, were are the priorities? One man cannot take care of
the City of Miami with so many buildings, to do the air conditioning work.
And the units are twenty and thirty years old.
Commissioner Dawkins: Mr. Charlie, let me ask you a question. You, the
bargaining unit, formed an organization that you were going to run the City.
And, you determine who goes to work, who is hired, who is replaced and who is
not. I don't hold the manager responsible for one air conditioning man. I
hold you, and the rest of ...
Mr. Cox: That's not true. You want to know where it goes?
Commissioner Plummer: Yeah.
Mr. Cox: OK. I don't run this City, and 1 have never run this City. You
have a man that you pay to run this City.
17 July 8, 1993
Commissioner Dawkins: Yeah, but...
Mr. Cox: And, first off, you have all kind of positions open up there. You
all, passed a residency requirement. And, when you don't have the people
applying for these jobs, OK.., you've got COMM (Communication) operators,
right now, you are paying police officers to operate these COMM operators
Instead of hiring people, because you are not getting the applicants.
Commissioner Dawkins: Are you telling me...
Mr. Cox: You are not getting applicants. There are positions open for these
positions, and you are not getting applicants.
Commissioner Dawkins: If you are telling me, that if I went out and found six
people who live in the City of Miami, who are trained repairing air
conditioners, that they could go to work Monday morning?
Mr. Cox: They are not going to work for your salaries either.
Commissioner Dawkins: Beg your pardon?
Mr. Cox: You've got two fault things. Go find them, they could go to work.
Commissioner Dawkins: No, now wait a minute there Charlie. Wait, wait
Charlie. Wait Charlie, now you just told me that the applicants are not
applying. That's the reasoning you gave me.
Mr. Cox: That's correct.
Commissioner Dawkins: Now, I am telling you, if I find the right applicants,
can they go to work?
Mr. Cox: I am sure they can.
Commissioner Dawkins: Mr. Manager, if I find between now and Monday six
people that fixed the air conditioners at Pan Am, at Eastern or anywhere, who
live in the City of Miami, who want to go to work as air conditioner repair
men, can they go to work Monday?
Mr. Odio: No, sir.
Mr. Cox: We got one position open.
Mr. Odio: No, sir. Not six. I got one open. I'll take one, but not six.
Vice Mayor De Yurre: Excuse me. Getting back to the item at hand.
Commissioner Alonso: May I ask, how much it pays, that position?
Mr. Cox: Less than twelve dollars an hour.
Commissioner Alonso: Less than?
18 July 8, 1993
Mr. Cox: Starting pay, less than twelve dollars an hour.
Commissioner Dawkins: Less than fifteen, Charlie, give
them a break. Less
than fifteen.
Mr. Cox: The start is less than fifteen.
Commissioner Alonso: Could it be ten dollars an hour?
Mr. Odio: I have no idea.
Vice Mayor De Yurre: Well, less than twelve is less than
fifteen.
Mr. Cox: It's less than twelve, I guarantee it.
Commissioner Alonso: Well, for the people watching,
this is important
information. Maybe they are looking for a job.
Mr. Odio: We have one job opening for a ...
Mr. Cox: You've got two line men positions open that you
can't fill, too.
Commissioner Dawkins: OK. But, also Mr. ...
Mr. Cox: And you wonder why the people are down here by your park slides.
Commissioner Dawkins: I am asking one question. If the
Mayor will allow me,
and we can get through with this. Can two men keep
up with the air
conditioning repairs necessary for the City of Miami?
Mr. Cox: No, they can't.
Commissioner Dawkins: Thank you. No further questions.
Vice Mayor De Yurre: OK.
Commissioner Plummer: Hell of a way to run an airline.
Vice Mayor De Yurre: OK. What is the motion? To approve purchases?
Commissioner Dawkins: The motion is to purchase the air conditioners.
Commissioner Plummer: Fold our tents and sneak away at the middle of the
night. My motion was the same. My motion was that we pass item 4, that they
will be the property of GSA and paid for by the Fire Department's budget.
That's my motion.
Vice Mayor De Yurre: Is there a second to that motion?
Commissioner Alonso: Yes, I second it. I have no problems.
Commissioner Dawkins: Yes, I second.
Commissioner Alonso: As long as they have the equipment.
19 July 8, 1993
0,t k,
P' `
Vice Mayor De Yurre: OK. No further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-406
A RESOLUTION ACCEPTING THE BID OF A-1 INSTANT AIR
CONDITIONING, INC. FOR THE FURNISHING OF SIX (6)
PORTABLE AIR CONDITIONING UNITS TO THE DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL
PROPOSED AMOUNT OF $13,167.00; ALLOCATING FUNDS
THEREFOR FROM FIRE -RESCUE CODE NO. 280701-850;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR HIS
ACQUISITION.
(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.
NOES: Vice Mayor Victor De Yurre
ABSENT: Mayor Xavier Suarez
Vice Mayor De Yurre: I vote no. I think if they are going to pay for them,
they should have control.
Commissioner Dawkins: I do too. But, you got to...
Commissioner Alonso: You said on the records you had no problem with that.
Commissioner Dawkins: Mr. Mayor, I have a motion.
Commissioner Plummer: Wait, wait, wait. You were going to make another
motion.
Commissioner Dawkins: I have a motion. I move that this Commission directs
the City Manager to find the money out of money he is going to get from tax
anticipated bond notes, from borrowing, wherever, to replace the air
conditioning units in all of the fire stations that are outdated and obsolete.
I so move.
Commissioner Plummer: Second.
Carlos Gimenes (Fire Chief): If I can make a comment.
20 July 8, 1993
Vice Mayor De Yurre: OK. Discussion. How about if we find out first of all,
how much it is, before he starts looking for it?
Commissioner Dawkins: No, I don't want to find out how much it is. I am not
going through that.
Mr. Odio: Let me... May I...
Commissioner Dawkins: If they are shot and they need replacement, replace
them.
Mr. Odio: There is another reason. On station one, Commissioner, we have
been trying to replace that station, period, and to spend money in that
station.
Commissioner Dawkins: All right. How many stations do we have?
Mr. Odio: We have twelve.
Commissioner Dawkins: All right, in the other eleven, replace the air
conditioners.
Mr. Odio: I have no problem with that. I would like to, at this time say,
Commissioner, that we tried to pass a bond...
Commissioner Dawkins: I don't want to know about the bond. You are borrowing
money. I said, you get it out of the money that you are borrowing.
Commissioner Plummer: There goes your election.
Mr. Odio: OK. Either way you have to finance it. That's what I am saying.
Vice Mayor De Yurre: OK. We have a motion and a second. No further
discussion? Call the roll.
Commissioner Alonso: Yes, I have a question. No, I have a question.
Commissioner Dawkins: Mr. Williams wanted to say something.
Commissioner Alonso: You wanted, oh, go ahead.
Mr. Ron Williams (Assist. City Manager): Just a point Commissioner Dawkins.
Could we interpret your motion to mean that we would review the status of all
the units and replace those that require it? And the only reason I mention
that recently, some of them have been addressed and some of them have been
replaced. And, we need to look at which ones need it and which ones do not.
Commissioner Dawkins: Mr. Williams, my motion said, look at all of them that
are obsolete, that need repairing or replacing.
Mr. Williams: Thank you, sir.
21 July 8, 1993
y
9d?"
Commissioner Alonso: Mr. Williams, don't go. Do you have any idea of the
conditions of the equipment and how many approximately will have to be
replaced? Or you have no idea at this time?
Mr. Williams: I don't recall, you know, just here. I can tell you several of
them are very old.
Commissioner Alonso: Half of them?
Mr. Williams: Half of them, at least, are very old, at least.
Commissioner Alonso: Half of them. Would the Chief verify this. How many
approximately?
Chief Gimenes: I don't have a specific number. But, he is probably right,
about half of them are pretty old. Some of them are working fine, some of
them don't work, you know, that well.
Commissioner Alonso: Have you had complaints, serious complaints about...
Chief Gimenes: I have had complaints, that is why we try to get this passed.
Commissioner Alonso: Six, or so. OK, thank you.
Vice Mayor De Yurre: OK. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 93-407
A MOTION DIRECTING THE CITY MANAGER TO IDENTIFY A
SOURCE OF FUNDING (BID FROM TAX ANTICIPATED BOND
MONIES OR ANY OTHER SOURCE) IN ORDER TO REPLACE ALL
OUTDATED AIR CONDITIONING UNITS PRESENTLY INSTALLED IN
THE CITY'S FIRE STATION.
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.
NOES: Vice Mayor Victor De Yurre
ABSENT: Mayor Xavier L. Suarez
Mr. Gonzalez-Goenaga: May I be heard, Vice Mayor, for in a general short, one
minute?
Commissioner Plummer: Excuse me, Frank. Can I ask a question, Frank?
Vice Mayor De Yurre: What Item do you want to be heard on?
22 July 8, 1993
Commissioner Plummer: Mr. Manager. I'll ask Mr. Manger. Mr. Manager,
salaries at the Artime Center exceed $320,000.00? Is that... Frank handed me
this thing here. Is that a correct statement?
Commissioner Alonso: May we all have a copy of these papers?
Mr. Gonzalez-Goenaga: One minute.
Commissioner Plummer: Is that a correct statement, Frank?
Mr. Frank Castaneda: How much money are we were spending at the Artime?
Commissioner Plummer: My question is, is that a correct statement, that we
are spending an excess on salary of $320,000.00?
Mr. Castaneda: Salary is $207,000.00.
Commissioner Plummer: With the perks, of course. What are they - free?
Mr. Castaneda: No.
Commissioner Plummer: OK. And, may I ask, is this a true figure here,
telephones are $3,500.00?
Mr. Odio: Are we going to go through the budget of the Artime?
Commissioner Plummer: I am just asking. No, I am going to go into the
budget. I am just asking if those are the right numbers?
Mr. Odio: But, I mean...
Mr. Castaneda: Yes.
Commissioner Plummer: Thank you.
Commissioner Alonso: Can you make a copy and let us see so we can have an
idea of what the Commissioner is talking?
Mr. Castaneda: Sure. I will make a copy for everyone.
Commissioner Plummer: Sure.
Vice Mayor De Yurre: OK. Moving right along. Mr. Gonzalez Goenaga asked for
` a brief minute to make a quick presentation.
f Commissioner Plummer: Three hundred thousands dollars.
Vice Mayor De Yurre: Go right ahead.
Commissioner Alonso: I don't know why they have so many staff.
Commissioner Plummer: "Botellas."
23 July 8, 1993
Commissioner Alonso: We'll have to look into that.
Mr. Gonzalez-Goenaga: Good morning, Commissioners. We have been hearing here
about subsidies, about priorities and about lack of money. And we are going
to find the money borrowing money. So, we are just becoming like the Federal
Government, or maybe worse, because, our base is much lower. The issue is,
let's go to the bottom. There is no money for anything, for the homeless,
or... but yet, we give away turkeys. We also have... and I would like to have
a full disclosure right now. I have heard rumors in the Community that Mr.
Cesar Odio is employing one of his relatives. In other words, we are going to
start nepotism in the City of Miami, by the name Martinez. This I overheard,
someone told me at the Ayestaran Restaurant. Number one...
Mr. Odio: Ayestaran? I never go there.
Mr. Gonzalez-Goenaga: And he is going to get like fifty thousands dollars a
year.
Mr. Odio: Is that were you go, Ayesteran? I just want to make sure so that I
don't have to go there.
Mr. Gonzalez-Goenaga: No, no, I go also to the Latin American Cafeteria where
I get arrested every time I go there.
Mr. Odio: I know, we have to... I know.
Vice Mayor De Yurre: Is it just one or is there more?
Mr. Gonzalez-Goenaga: I wonder. If Mr. Martinez related to you?
Mr. Odio: He wanted me to hire his relative, but, I couldn't do it.
Mr. Gonzalez-Goenaga: No, no, my relatives are in Puerto Rico.
Mr. Odio: Thank God for that.
Mr. Gonzalez-Goenaga: Thank you for your comments. I have a lot on you
Mister, but, I will disclose it at the proper time. Are you trying to employ
Mr. Martinez? Number one, is he a relative, and is he going to get fifty
thousand dollars a year? Yes or no?
Vice Mayor De Yurre: Hold it. This is not a ...
Mr. Gonzalez-Goenaga: Yes, it is. Because you are talking about lack of
money. And, we have a lot of bureaucracy, people. How many...
Vice Mayor De Yurre: Well, your minute... "oye", speak...
Mr. Gonzalez-Goenaga: I am going to speak to the issue. Let's reshuffle and
lets do, and I am going to back up the Fire Department for one special reason.
They are good human beings, and remember they serve this community when ever
you don't feel well, with the Rescue. They take your blood pressure and
besides that, they get in when the rats and cockroaches start running. Thank
you very much. I have the greatest respect for the Fire Department.
24 July 8, 1993
Commissioner Plummer: Based on that statement, I move we fire Shorty.
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6. (A) DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO ACCEPT
PROPOSAL OF MORRIS & MCDANIEL, INC. TO DEVELOP / IMPLEMENT A CUSTOMIZED
ASSESSMENT CENTER PROCESS FOR CLASSIFICATION OF POLICE CAPTAIN -- DIRECT
ADMINISTRATION TO BRING BACK ITEMIZATION OF OVERTIME PAID LAST YEAR
WITHIN CAPTAIN CLASSIFICATION. (See label 51)
(8) COMMISSIONER PLUMMER REQUESTS JUSTIFICATION FOR NEED FOR MORE
CAPTAINS.
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Vice Mayor De Yurre: OK. Moving right along. CA-5.
Commissioner Dawkins: Who pulled 5?
Commissioner Plummer: I pulled 5. How many police captains do we presently
have?
Lt. Joseph Longueira: Five. Sir, I believe five.
Commissioner Plummer: And how many do we need?
Lt. Longueira: Sir, we have currently two vacancies, we expect the third one.
A minimal of third...
Commissioner Plummer: I asked the for a justification for a need for more
before you spend the thirty thousand. And I still ask the question, why do we
need more? I don't understand. That's my question.
Lt. Longueira: Sir, we have vacant positions that we feel are important
enough for the rank of Captain.
Commissioner Plummer: Well, but you see Joe, that is not my point. You are
missing my point. The justification of the need. I don't think that we need
more captains. That is why I asked for a justification that we need more. We
presently have five. And, all I am saying to you is, I think this might be an
effort in futility to go through this process if we don't need more captains.
Mr. Odio: But, he is saying he does need two cap...
Commissioner Plummer: Well, I asked for the justification. I have not
received it.
Mr. Odio: The Police Department, in their professional opinion, need seven
captains.
Commissioner Plummer: No, they need ninety millions dollars plus.
Mr. Odio: Oh, I thought we were talking about the Captains.
25 July 8, 1993
F`ii4
Commissioner Plummer: All right. Go ahead. You are saying that we cannot do
this in house.
Mr. Odio: No, no... We can ...
Commissioner Plummer: That we are incapable and inept to do what we had done
for years around here and handle it in house.
Angela R. Bellamy (Assistant City Manager): No, Commissioner, we have never
done an assessment center in-house, never in the history of the City.
Commissioner Plummer: And, why are we doing things now with an Assessment
Center? We never did it before.
Ms. Bellamy: We have had one Assessment Center before. It is for, it is a
better way of assessing people in management positions. It is the most
professional way of assessing people, other than a written exam.
Commissioner Plummer: What budget? Is it coming out of your budget, Angela?
Ms. Bellamy: It is coming out of the Police Department's Budget.
Commissioner Plummer: Well, that unlimited, I mean. That's ... OK. I will
still like to see a justification for the need for more Captains. Captains
make about ninety thousand dollars a year with perks. Is that an estimate?
Mr. Odio: Ninety?
Commissioner Plummer: Yeah.
Mr. Odio: Well, if we ...
Commissioner Dawkins: They make better than a hundred and twenty five with
overtime.
Mr. Odio: They make overtime. They do make overtime.
Commissioner Plummer: Yeah.
Commissioner Dawkins: And, they make a lot of overtime.
Commissioner Plummer: Yeah. Well, not necessarily the Captains.
Commissioner Dawkins: Yes, they do.
Ms. Bellamy: The starting pay for captains would be forty-five thousand
dollars. And they...
Commissioner Plummer: There is not one of them over there working that.
Ms. Bellamy: And it goes to sixty thousand at the maximum step. Sixty
thousand, six seventy-five.
26 July 8, 1993
Commissioner Plummer: So, sixty thousand you add forty eight percent perks
which is the package, am I correct? You are talking ninety thousand dollars.
It is what I said.
Commissioner Dawkins: OK. I'll tell you what. Since they say that I am in
error, I would like to defer this until they bring back to me the amount of
overtime that was made by each captain last year.
Mr. Odio: No, but you are right. They make a lot of overtime. You are
right.
Commissioner Dawkins: That is right.
Commissioner Plummer: I don't think the Captains.
Mr. Odio: The Captains are part of the bargaining unit and they are entitled
to...
Commissioner Dawkins: Well, then I don't understand how a Captain can decide
when he wants to make overtime or when he can go home. I don't understand it.
But, they do it.
Vice Mayor De Yurre: OK. Motion to defer?
Commissioner Plummer: OK. That's fine, I'll second it if that is what he
wants.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 93-408
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM CA-5
(PROPOSED RESOLUTION TO ACCEPT PROPOSAL OF MORRIS &
MCDANIEL, INC. TO DEVELOP/IMPLEMENT A CUSTOMIZED
ASSESSMENT CENTER PROCESS FOR THE CLASSIFICATION OF
POLICE CAPTAIN, AT A PROPOSED AMOUNT OF $30,000), TO
BE DEFERRED UNTIL SUCH TIME AS THE ADMINISTRATION
BRINGS BACK AN ITEMIZATION OF THE OVERTIME PAID LAST
YEAR WITHIN THE CAPTAIN CLASSIFICATION.
(Note: Item CA-5 later passed as R-93-442.)
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 Suarez
27 July 8, 1993
Commissioner Plummer: I pulled six, Victor.
Commissioner Dawkins: I asked you for this before you didn't bring it to me.
Lt. Joseph Longueira: For the overtime?
Commissioner Dawkins: Yes.
Lt. Longueira: Well, I'll get it for you.
Commissioner Dawkins: I'll put them in now. Bring it back this afternoon
with that and... I'll move it.
Lt. Longueira: I'll get it today.
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7. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO ALLOCATE
$100,000 19TH YEAR CDBG FUNDS TO MIAMI MENTAL HEALTH CARE, INC. TO
PROVIDE RENOVATIONS TO THE AGENCY'S RESIDENTIAL FACILITY FOR RECOVERING
SUBSTANCE ABUSERS.
Commissioner Plummer: Mr. Manager why is this Item 6, the Miami Mental Health
Center, not being paid for by the Public Health Trust? Why are we doing it?
Commissioner Dawkins: Doing what, J.L.?
Commissioner Plummer: Why are we giving the Miami Mental Health Center a
hundred thousand dollars of City money?
Commissioner Dawkins: Let's go a step further.
Mr. Cesar Odio (City Manager): This is a secured grant.
Commissioner Plummer: It is what?
Mr. Odio: We are not giving them the money. It is a secured grant on the
mortgage. They need it to build a ...
Commissioner Dawkins: Mr. Manager...
Commissioner Alonso: We approved this before. Didn't we?
Mr. Odio: We have done this...
Commissioner Dawkins: ...Let me make it clear, J.L. Plummer sits up here
everyday, and says money to serve the people and nothing for bricks and
mortar. I am not going to vote for this, and I am not going to vote to give
Kidco no money to enlarge no daycare center. I will give them more money to
provide more services to mothers who need day care centers, and I would give
money to the Miami Mental Health Center to hire additional counselors or
mental health therapists. But, I will not vote to give them any money to
enhance their building.
28 July 8, 1993
Mr. Odio: I just wanted for the record, that this Casa Nueva Project is for
drug addicts, it is badly needed in this community. And, it's OK.
Commissioner Plummer: No, it is not OK. But, with that kind of an attitude
1t 1s going to be horrible. No. Let me tell you were the attitude is wrong.
There are an awful lot of vacant buildings in this community. So much so that
I am going to offer at the next Commission Meeting, government buildings owned
that have been vacated for years, not on the tax roll, that there be a
limitation as to how long they can hold them off of the tax rolls, not use
them before they are forced to sell them. There are a lot of spaces
available.
Commissioner Dawkins: And, there are a lot of banks, that's been auctioned
off. That the TCU, or whatever it is, is auctioning off that fit in good with
one of these.
Commissioner Alonso: May I suggest that we table this item and we give them
an opportunity to come in front of us sometime during the day to explain to us
a little bit about this project.
Mr. Frank Castaneda: Commissioner, I just want to explain that this went
through the citizen participation process. This was approved by you at the
process here ... in which everybody came.
Commissioner Alonso: Yes, It was.
Commissioner Plummer: Frank.
Mr. Castaneda: We are putting a mortgage on the property.
Commissioner Plummer: Frank, that is not the point. The point is, the
building of the building does not service the people. You know, I am going to
have a problem with One Art. I said that before. They are building a most
gorgeous building. That does not help the people. All right? That is my
problem. As far as I am concerned, people don't eat bricks.
Mr. Castaneda: Commissioners, the problem is that under the Federal
regulations, you can only allocate...
Vice Mayor De Yurre: Frank, can this money be used for anything other than
capital improvements?
Mr. Castaneda: No, it can't. That is the issue. You can only use 15 percent
for public service.
Commissioner Plummer: Excuse me. It can be used, if nothing more, to buy air
conditioners for fire stations.
Mr. Castaneda: True.
Commissioner Plummer: That's right. Sure can.
Mr. Castaneda: Yes.
29 July 8, 1993
Commissioner Plummer: Miami Mental Health does not limit its services just to
the City of Miami people. They are for the entire County. And, let me tell
you, I cannot keep picking up the tab for the entire County. Can't do it.
Sorry.
Vice Mayor De Yurre: Well, do you want to defer this item?
Commissioner Plummer: That is fine.
Mr. Castaneda: Commissioner, just for information, this facility will be in
Little Havana. It is on 1560 S.W. 1st Street, Miami, Florida.
Commissioner Plummer: That is fine. That's fine.
Commissioner Alonso: I know.
Commissioner Plummer: You know that's fine, where it is going to be. You
know my immediate question on my the agenda is, why isn't the Health Trust of
Jackson Memorial Hospital paying for it? It's a part and parcel of that kind
of operation. OK. Let's defer until the next agenda.
Commissioner Alonso: Yes Let's defer this agenda. And, I have some
concerns. Why didn't we address this issue when they came to us and we did
approve this previously? Because we approved this.
Commissioner Plummer: One of the reasons, if you are asking me, Madam
Commissioner, is that we go over that stuff so damn fast, that when you now
have the time to sit back and analyze each individual application, you will
recall that we passed in blanket, the total Community Development with a full
proviso, that this was merely to get the application in and get the money
flowing. And that all this items could be changed at any time.
Mr. Odio: Why don't we do this, Commissioner?
Commissioner Plummer: That's what I am saying.
Mr. Odio: The money that we are giving to Jackson Memorial... remember those
moneys you ordered to be given to Jackson Memorial?
Commissioner Plummer: Yes, I very well remember.
Mr. Odio: That we take a hundred thousand dollars back to pay for this.
Commissioner Plummer: Sir, you know, it is nice if I didn't think that I knew
the City Manager is a man who keeps his word. This Commission made a
commitment to Jackson Memorial Hospital Trauma Center for three hundred
thousand dollars a year for five years. And, for whatever reason why you have
a problem with that.
Mr. Odio: I sure do.
Commissioner Plummer: I pray to God, that the day comes that you never need
it. But, I am sure they will treat you.
30 July 8, 1993
Mr. Odio: For the same reason that you are asking us to go to them to get
this money. Why don't we it, keep our money here and...
Commissioner Plummer: For a man that cries poor mouth, you surely give it
away pretty good.
Vice Mayor De Yurre: OK. Call the roll in the deferral.
THEREUPON MOTION DULY MADE BY PLUMMER AND SECONDED BY
DAWKINS, ITEM CA-6 (Allocation of $100,000 to Miami
Mental Health Care, Inc.) WAS DEFERRED 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 Suarez
COMMENTS MADE AFTER THE ROLL CALL:
Commissioner Plummer: Can I ask, Victor? Mr. Manager, I noticed that in
Virrick Park the health thing down there is moving out and going over to
Douglas Road.
Mr. Castaneda: Yes, Commissioners.
Commissioner Plummer: What is going to happen to that facility in the park?
Mr. Castaneda: They are still going to maintain that facility though. This
is an expansion of the facility.
Commissioner Plummer: Shoo! Thank you, sir.
8. PROCLAMATION PRESENTED TO THE CITY COMMISSION BY THE AFRICAN AMERICAN
COUNCIL OF CHRISTIAN CLERGY, WHICH HAS ADOPTED A POLICY OF NONVIOLENT
INTERACTION WITH LOCAL GOVERNMENTS, POLICE DEPARTMENTS AND LEGISLATIVE
BRANCHES, ETC.
Vice Mayor De Yurre: OK. That completes the consent agenda. Before we move
into the regular agenda, there is one more protocol item that I would like to
bring up. We have with us Reverends Wilkes, Watson and Eligan, from the
AACCC, The African American Council of Christian Clergy, if you would all join
us up here to make this quick presentation.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
31 July 8, 1993
Vice Mayor De Yurre: OK. Moving right along. It says here in the
proclamation: The African American Council of Christian Clergy, better known
as AACCC, was organized on October 191, with the express purpose of bringing
together an inter denominational group of clergy under the motto of "Preparing
a People." And whereas the AACCC realized the necessity of having a group of
diverse clergy persons to interact with our multi -ethnic, multi -cultural,
multilingual society, whereas the intent of the AACCC to address issues and
concerns of all Afro-Americans of Florida that directly or indirectly affect
our lives, or their well being, such as educationally, socially, spiritually,
social -politically and economically. It is now, therefor, I Xavier Suarez,
Mayor of the City of Miami, do hereby proclaim Tuesday, June 29th - We are
running a tittle bit late on this, but...- as African American Council of
Christian Clergy Day. Congratulations.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
9. SECOND READING ORDINANCE: AMEND CODE SECTION 18-56.1 PERTAINING TO: (a)
RIGHT TO PROTEST; (b) AUTHORITY TO RESOLVE PROTESTS, (c) COMPLIANCE WITH
TIME REQUIREMENTS; ADD NEW SUBSECTION: (d) STAY OF PROCUREMENTS DURING
PROTESTS; (E) COSTS; AND (f) BOND.
Vice Mayor De Yurre: OK. Now, we get into the regular agenda, Item number 2.
Commissioner Plummer: Move it.
Vice Mayor De Yurre: Second reading, moved.
Commissioner Dawkins: Second.
Vice Mayor De Yurre: Seconded, call the roll.
Commissioner Plummer: It's an ordinance.
Vice Mayor De Yurre: Call the roll.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD,
BY TITLE ONLY.)
Commissioner Alonso: Yes, if I may, I have a question. Uh, could you, Mr.
Manager respond to this question that I have with number two and the timing
for the protest. Are the people really going to be notified well in advance -
or maybe the City Attorney can...- well in advance that the time has been
shortened and they will understand that this is going to be included in the
package? How is it going to be done?
Mr. Cesar Odio (City Manager): They have two days to file a protest. Well,
you...
32 July 8, 1993
Commissioner Plummer: Well, are you notifying them? That has been the
problem.
Commissioner Alonso: How will they be able to understand that process has
change?
A. Quinn Jones III, Esq. (City Attorney): Perhaps what you, what may be
advisable, in instances where you have to send out invitations to bid, or
requests for proposals, perhaps, a copy of the section could be included in
the package, so they would have knowledge that the time period has changed.
Commissioner Alonso: Maybe, we should notify that the Uh...
Mr. Jones: Yeah, it could be part of...
Commissioner Alonso: The way it is going to be done has changed, something to
that effect.
Mr. Jones: It could be part of the instructions to go out. It could be part
of the instructions that... Yeah.
Commissioner Plummer: I... Excuse me.
Commissioner Alonso: Yeah, because I have some concern about that.
Commissioner Plummer: I think that the problem that we have heard of people
who came here, is the fact that they say that they did not receive
notification. Now, are we going to send out certified mail? How, I think
that is really the key. That if you send certified mail, return receipt
requested, they can't stand up here and say that they didn't receive notice.
Mr. Jones: Well, you know, Commissioner...
Commissioner Alonso: Yeah, because often we listen...
Commissioner Plummer: How did they get...
Mr. Jones: Commissioner, I don't know how the Administration plans to deal
with that, but let me tell you one problem with that.
Commissioner Plummer: Can we ask the Administration?
Mr. Jones: Because, as you well know a lot of people who get a notice that
they have a certified letter, they never even bother to pick them up.
Commissioner Plummer: Return receipt requested.
Mr. Jones: Well, a lot of times they don't respond to that. That is the
whole problem; or perhaps even if you send it out by certified mail, you
should also send it by regular mail. But, to send it by certified mail in and
of itself is not going to solve the problem.
Commissioner Alonso: Maybe we send both.
33 July 8, 1993
Mr. Jones: Both regular mail and certified mail.
Commissioner Plummer: OK.
Commissioner Alonso: Usually, certified mail goes to an office and whoever is
there can sign and receive the letter. It doesn't need to be the particular
person. And, in most cases it will get there. But, yes, I agree that perhaps
both should be sent. Regular mail and saying that we have sent it certified
mail. It is for our own records knowing that we did what we were suppose to
do.
Mr. Jones: Yes.
Commissioner Plummer: Knock down some of the protest down here.
Commissioner Alonso: Yeah, I think that it does help.
Commissioner Plummer: We have to get tough. We have more and.more protest.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 18-56.1 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY
AMENDING CERTAIN SUBSECTIONS PERTAINING TO: (A) RIGHT
TO PROTEST, (B) AUTHORITY TO RESOLVE PROTESTS, (C)
COMPLIANCE WITH TIME REQUIREMENTS, AND ADDING NEW
SUBSECTIONS PERTAINING TO: (D) STAY OF PROCUREMENTS
DURING PROTESTS, (E) COSTS, AND (F) BOND; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of May 13, 1993, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier Suarez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.11072. .
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.
34 July 8, 1993
10. FIRST READING ORDINANCE: AMEND 10938 (CAPITAL IMPROVEMENT
APPROPRIATIONS) -- REVISE PRIOR PROJECTS / ESTABLISH NEW ONES IN THE
AREAS OF TRANSPORTATION AND PHYSICAL ENVIRONMENT.
Vice Mayor De Yurre: Item number 3.
Commissioner Plummer: Move it, with the full proviso and understanding that
with capital improvements, we can change it anytime.
Mr. Cesar Odio (City Manager): They have to come back to you individually.
Commissioner Alonso: OK. Yes, second it.
Commissioner Plummer: Yes, with that proviso I move it, Mr. Manager.
Commissioner Dawkins: Second. It has been seconded.
Vice Mayor De Yurre: OK. Moved and seconded it. Read the ordinance. Please
call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 10938, ADOPTED
DECEMBER 5, 1991, AS AMENDED, THE CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE, BY REVISING PREVIOUSLY
APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS AND
ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN
DURING FISCAL YEAR 1992-93 IN THE PROGRAM AREAS OF
TRANSPORTATION AND PHYSICAL ENVIRONMENT; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE.
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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier Suarez
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.
35 July 8, 1993
------------------------------ --------- ------- ----------------------------
11. (A) FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: FEDERAL
HOME INVESTMENT PARTNERSHIPS GRANT PROGRAM (SECOND YEAR) -- APPROPRIATE
$3,493,000.
(B) ACCEPT HOME INVESTMENT PARTNERSHIPS PROGRAM GRANT (HOME PROGRAM
($3,493,000) FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) -- FOR DEVELOPMENT / CONSERVATION OF HOUSING AFFORDABLE TO LOW /
VERY LOW INCOME FAMILIES / INDIVIDUALS -- EXECUTE AGREEMENTS.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Item number 4, first reading.
Commissioner Plummer: Let me ask a question, because four and five are
together. Four, you accept the money; five you spend it. Is that three
million four hundred and ninety three thousand dollars?
Mr. Jeff Hepburn:: That's correct, sir.
Commissioner Plummer: Then after that I read that the reason, their purpose
is to stimulate the development. It doesn't say development. It is to
stimulate the development. Now, at best, that's poor wording. What do you
mean simulate? To me it would be for development.
Mr. Hepburn: Commissioner, where are you.
Commissioner Plummer: I am in item 5. It says, "to accept a home investment
partnership program grant..."
Commissioner Dawkins: Well, the fourth line is underlined.
Commissioner Plummer: In the amount of $3,493,000 from your Department of
Housing and Urban Development (HUD) for the purposes of stimulating the
development and conservation of housing affordable to low..."
Mr. Odio: Well, let me. The Home Investment Partnership ...
Commissioner Plummer: The word stimulate, to me, means promotion,
advertising...
Mr. Odio: No, it means if you are going to a partnership program with the
private sector to develop housing in poor sections of the City.
Commissioner Plummer: Well, Mr. Manager, to me the wording would have been,
"for the purposes of development."
Commissioner Dawkins: Change the word "stimulating" to "development."
Mr. Odio: I will change the words.
Commissioner Plummer: Yeah, because to me it could be very misleading. It
was misleading.
36 July 8, 1993
Mr. Odio: I am not about to argue with you on the English language. In
Cuban, anytime.
Commissioner Dawkins: Change the word to "the purpose of developing."
Commissioner Plummer: I am glad you said that and not Spanish. I move Item
4.
Commissioner Alonso: Second it.
Commissioner Plummer: I just wanted it clear.
Commissioner Dawkins: Wait a minute, now. Are you moving it as it is, or
moving it to say, develop of housing, develop of ...
Commissioner Plummer: That's the next one, Miller.
Commissioner Alonso: It is ...
Commissioner Plummer: I'm on 4 first.
Commissioner Dawkins: Conservation is the same thing.
Vice Mayor De Yurre: We are on 4. We are moving 4.
Mr. Hepburn: Let me... rehabilitation, yes, to save or conserve, maintain
and development means new housing. I'll change it.
Vice Mayor De Yurre: Yes, read the...
Commissioner Plummer: This is on 4. But, actually the wording on 4 is clear.
It says for the implementation of home investment.
Commissioner Dawkins: Well, move 4.
Commissioner Plummer: I did.
Commissioner Dawkins: Move four.
Vice Mayor De Yurre: OK. Read the ordinance, please. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "FEDERAL HOME INVESTMENT PARTNERSHIPS GRANT
PROGRAM (SECOND YEAR)," AND APPROPRIATING $3,493,000
FOR EXECUTION OF SAME AS APPROVED BY THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) FOR IMPLEMENTATION
OF THE HOME INVESTMENT PARTNERSHIPS PROGRAM;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
37 July 8, 1993
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier Suarez
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.
Vice Mayor De Yurre: Number 5.
Commissioner Plummer: Tell me, I'll move it but, ... Go ahead, you got a
second?
Commissioner Alonso: I second it.
Commissioner Plummer: I need to know what is the second between four and
five. It is accepting a grant. It seems to me that the same grant we are
accepting twice.
Commissioner Dawkins: No.
A. Quinn Jones, III (City Attorney): No, one is establishing the fund.
And...
Mr. Odio: One is establishing the fund, and the other one you accept the
grant.
Commissioner Plummer: Oh, so 5?
Mr. Hepburn: They were somewhat in the wrong order. We should have accepted
the grant first and then appropriate the money.
Commissioner Plummer: Well, the City does everything bass backwards, so don't
even worry about it.
Commissioner Dawkins: I will like to change the wording to: "The development
of housing affordable to low and very low income families..."
Commissioner Plummer: As approved by this Commission.
Commissioner Dawkins: Yeah. Not stimulating and conservation of.
Commissioner Plummer: OK.
Commissioner Dawkins: Yeah.
Commissioner Plummer: You know, I think what we have to go on the record is
remember a little history. When you go into scattered housing and you go into
38 July 8, 1993
some of this other, staff went out and made selection which brought cast of
thousands in opposition. And, I am saying to staff, before you go out and
create all kind of chaos for this Commission, I think that you need to come
back and say to this Commission, these are the areas that we are looking at,
and this Commission, not you, this Commission will make the decision by five
votes, three or more, as to agree with you or disagree with you before you
proceed further. OK. That's my opinion. Call 1t on 5.
Vice Mayor De Yurre: OK. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-409
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO ACCEPT A HOME INVESTMENT PARTNERSHIPS
PROGRAM GRANT (HOME PROGRAM) IN THE AMOUNT OF
$3,493,000 FROM THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD), FOR THE DEVELOPMENT OF
HOUSING FOR AFFORDABLE TO LOW AND VERY LOW INCOME
FAMILIES AND INDIVIDUALS IN THE CITY OF MIAMI, AS
APPROVED BY THE CITY COMMISSION; APPROVING THE HOME
PROGRAM GUIDELINES ATTACHED HERETO AND INCORPORATED
AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE HOME
PROGRAM IN ACCORDANCE HEREWITH; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL THE NECESSARY
AGREEMENTS AND DOCUMENTS BETWEEN THE CITY OF MIAMI AND
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR IMPLEMENTATION OF THE PROGRAM.
(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
NOES: None.
ABSENT: Mayor Xavier Suarez
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.
39 July 8, 1993
lo;w�)
--------------------------------------------------------------------------------
12. FIRST READING ORDINANCE: ESTABLISH FIVE SPECIAL REVENUE FUNDS: (1)
JTPA TITLE I/OLDER WORKER (PY193); (2) JTPA TITLE IIA/NEIGHBORHOODS JOBS
PROGRAM (PY193); (3) JTPA TITLE IIC/NEIGHBORHOODS JOBS PROGRAM (PY'93);
(4) JTPA TITLE III PROGRAM (PY193); AND (5) OFFICE OF INTERGOVERNMENTAL
LIAISON (PY193) -- APPROPRIATE $28,000, $429,000, $429,000, $102,000,
AND $90,000, RESPECTIVELY -- FROM U.S. DEPARTMENT OF LABOR GRANT
AWARDS -- ENTER INTO AGREEMENTS WITH SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Number 6.
Commissioner Alonso: Move it.
Commissioner Dawkins: Second.
Commissioner Plummer: God help us.
Vice Mayor De Yurre: Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING FIVE (5) NEW SPECIAL REVENUE
FUNDS ENTITLED: JTPA TITLE I/OLDER WORKER (PY'93),
"JTPA TITLE IIA/NEIGHBORHOODS JOB PROGRAM (PY'93)",
"JTPA TITLE IIC/NEIGHBORHOODS JOBS PROGRAM (PY'93)"0
"JTPA TITLE III PROGRAM (PY'93)11, AND "OFFICE OF
INTERGOVERNMENTAL LIASON (PY'93)11, AND APPROPRIATING
FUNDS FOR OPERATION OF EACH COMPONENT IN THE
RESPECTIVE AMOUNTS OF $28,000, $429,000, $429,000
$102,000, AND $90,000 FROM U.S. DEPARTMENT OF LABOR
GRANT AWARDS; AUTHORIZING THE CITY MANAGER TO ACCEPT
THE AFOREMENTIONED GRANT AWARDS AND ENTER INTO THE
NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Dawkins and was passed on its first reading by title 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 Suarez
40 July 8, 1993
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mr. Cesar Odio (City Manager): Commissioners, you need to vote on this. This
1s for older workers, unemployed older workers.
Commissioner Plummer: Frank, for the records. Excuse me. Frank. This
amount of money, here, so designated, are paying for one hundred percent of
the cost to the City.
Mr. Frank Castaneda: Yes.
Commissioner Plummer: Of each program. One hundred percent.
Mr. Castaneda: Right.
Commissioner Plummer: We are not supplemented with City employees or any
other services. These programs pay one hundred percent.
Mr. Castaneda: Yeah. Now, there is also an additional money coming from
Community Development CD for jobs search and things like that, and it is
$200,000.
Commissioner Plummer: To supplement these?
Mr. Castaneda: No.
Commissioner Plummer: These one hundred percent pay for themselves.
Mr. Castaneda: This will operate by itself, yes.
Commissioner Plummer: OK.
13. FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUNDS: WAGNER-
PEYSER 7(B) DISCRETIONARY FUNDS; (1) PROJECT INDEPENDENCE (FY'93-94);
94) I- IVIDUALS WITH APPROPRIATE $47ISABILITIES 678, $50 9609 , AND$5( 6,952, REOFFENDERS RESPECTIVELY VEY — FROM
STATE OF FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY -- ACCEPT
GRANT AWARDS AND ENTER INTO AGREEMENTS WITH STATE OF FLORIDA.
Vice Mayor De Yurre: Yes. Item number 7.
Commissioner Alonso: Move it.
Commissioner Dawkins: Seconded. Under discussion. What do we do for
offenders? I ask this every time.
41 July 8, 1993
Mr. Frank Castaneda: This is a grant from the State to find offenders jobs,
Commissioner. And, it is on a productivity basis, if we don't find offenders
job, we do not get paid. We would have to provide jobs to ... How many
offenders?
Unidentified Speaker: Seventy.
Mr. Castaneda: Seventy offenders. We would have to find jobs for seventy
offenders.
Commissioner Dawkins: Do you follow through, to see if they stay on their
jobs?
Mr. Castaneda: Yes, Commissioner.
Commissioner Dawkins: OK.
Mr. Castaneda: Now ...
Commissioner Dawkins: Thank you. No further discussion required. OK.
Vice Mayor De Yurre: Read the Ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING THREE (3) NEW SPECIAL
REVENUE FUNDS ENTITLED: "WAGNER-PEYSLER 7(B)
DISCRETIONARY FUNDS"; "PROJECT INDEPENDENCE (FY193-
94)", INDIVIDUALS WITH DISABILITIES (FY'93-94)", AND
"OFFENDERS (FY'93-94)11; APPROPRIATING GRANT FUNDS IN
THE RESPECTIVE AMOUNTS OF $47,678, $50,960, AND
$56,952 FROM THE STATE OF FLORIDA, DEPARTMENT OF LABOR
AND EMPLOYMENT SECURITY; AUTHORIZING THE CITY MANAGER
TO ACCEPT SAID GRANT AWARDS AND ENTER INTO THE
NECESSARY IMPLEMENTING AGREEMENTS, IN A FORM
ACCEPTABLE WITH THE CITY ATTORNEY, WITH THE STATE OF
FLORIDA; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Dawkins and was passed on its first reading by title 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 Suarez
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.
42 July 8, 1993
-------------------- --------------------------------------•--------------------
14. (A) DISCUSS AND DEFER CONSIDERATION OF PROPOSED FIRST READING ORDINANCE
TO AMEND CODE CHAPTER 54 -- TO REQUIRE THAT PAY TELEPHONE COMPANIES
ENTER INTO PERMIT AGREEMENTS WITH THE CITY FOR ERECTION / CONSTRUCTION /
RECONSTRUCTION / INSTALLATION / OPERATION / MAINTENANCE / DISMANTLING /
TESTING / REPAIR / USE OF PAY TELEPHONES IN / UPON / ALONG / ACROSS /
ABOVE / OVER / UNDER PUBLIC RIGHTS -OF -WAY, SUBJECT TO CONDITIONS AND
PAYMENT OF PERMIT / USER FEES -- REFER TO ADMINISTRATION FOR THEIR
REVIEW AND RECOMMENDATION.
(B) COMMISSIONER PLUMMER COMMENTS ON SIZE OF TELEPHONE BOOTHS ON
SIDEWALK OUTSIDE RESTAURANT ON 27 AVENUE -- CITY MANAGER OFFERS TO
CONTROL THE SITUATION.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Number 8.
Mr. Cesar Odio (City Manager): This amends the City Code by adding new
articles entitled, Use of the Public -Right -of -Ways, for installations of pay
telephones. And, also prohibits pay telephones within one and two family
residential areas. It is something that POP came up with a long time ago, and
It is important. And, it also allows us to control the installation of public
telephones...
Commissioner Plummer: Mr. Manager ...
Mr. Odio: ...or, give you that priority.
Commissioner Alonso: May I ask. I recall maybe two or three years ago...
Mr. Odio: We gave it to Southern Bell.
Commissioner Alonso: ...we took action in something similar to this. As a
result of this many phones popped all over the City of Miami. How does it
relates with our actions at that time? It does limit what we did before?
Mr. Odio: OK. What you did that time ...
Commissioner Alonso: It does enhance the ability of these companies to
install additional phones. Cold you give me some, in reference to what we did
before.
Mr. Jim Kay: OK. A number of years back when the Federal Government went for
divestiture, the telephone company, this is what really triggered a lot of
this activity. It opened up private communication systems to just about
anyone. And, a couple of years ago, we did adopt an ordinance on
telecommunications, private telecommunications systems within the right-of-
way. And, that is regulated by an ordinance. This is, now, pay way.
telephones. Actually, pay telephones which are attached, and serve from an
adjacent building and the telephone is located within the public -right -of way.
We have estimated that we may have something like 400 of these things
throughout the City. And, some of them even have advertising on them. And,
they are completely unregulated and completely illegal right at this point.
43 July 8, 1993
ro^ka�
ssa•;
They are an encroachment in the right of way. They are essentially conducting
a private business within the public right-of-way. And, we actually have the
authority to remove them at this point. However, we feel that it would be in
the best interest of the City to go ahead and try to regulate this. And, that
is why this Ordinance is before you today.
Commissioner Alonso: This will not impair our ability. For example,
sometimes in certain neighborhoods, Ah, citizens complain that telephones
available in certain areas does create a center for people who are dealing,
drug dealers, and they use the phones and means of communications ...
Mr. Odio: That's exactly right.
Commissioner Alonso: ... with their partners. This does not prohibit it, as
we did make a decision and say, we want to take this away. This gives us that
control.
Mr. Odio: Absolutely, you prohibit telephones installed in areas that are
residential in nature.
Commissioner Alonso: But, I am thinking about, for example, in areas of
Biscayne Boulevard, we have had problems.
Mr Odio: You could say no.
Mr. Kay: There is specific language relating to ...
Commissioner Plummer: Excuse me, Madam Commissioner, you have to get modern.
Today, they are not doing that. They steal cellular phones, so that they
don't have to pay at all.
Commissioner Alonso: I know. Mine, twice.
Mr. Kay: The ordinance specifically addresses that.
Commissioner Plummer: I have a problem, Mr. Manager. You will recall I came
to you in behalf of a restaurant on 27th Avenue. And, my concern then, and my
concern now, is that we have no control over the size of the telephones.
Excuse me, what would you call it, the receptacle they are in.
Mr. Kay: The enclosure.
Commissioner Plummer: The enclosure. OK. And, let me tell you what they are
doing in effect. They are putting advertising out on the street, free of
charge, for whatever company is doing it. The one I brought to the City
attention, had a pole that went up twelve feet in the air, with a big sign on
the top of it, in small letters, "pay phones," but the name of the company
very, very prominent and very much displayed. It took half of the sidewalk.
OK. ...
Mr. Kay: Yes.
Commissioner Plummer: And, it was absolutely ridiculous.
44 July 8, 1993
1
}
Mr. Kay: Again, the Ordinance addresses that issue.
Commissioner Plummer: I don't read in here that we are controlling the size.
Mr. Kay: We are going to control. Well, it is on page 10, of...
Commissioner Alonso: That is what he said in the beginning.
Mr. Kay: It says, "A plan or sketch of the pay telephone shall be prepared by
the applicant before the installation. Furnish it to the department, in
sufficient detail to describe the proposed size, location, equipment and means
of installation." We are going to set a standard for that.
Commissioner Plummer: OK. Let me tell you what else you want to watch for.
If you allow those things to go up, in this particular case, this sign on the
top of this pole was like 2 by 2 and they put it right in front of the
restaurant sign, which completely blocked. OK. So, what I am saying to you
is. First and foremost, I don't think the pay phones need propaganda signs
attached to them nor four times the size. So, I am just saying that to you.
Mr. Kay: This ordinance addresses not grandfathering in the existing phones
at this point. I want you to know that, because that is a problem.
Commissioner Plummer: Well. Excuse me. Without mentioning names it was the
major company that was of concern. I didn't mention any names.
Commissioner Alonso: So, it will give us the ability to regulate all that we
have mentioned here today.
Commissioner Plummer: Oh, well, more importantly, if they are going to have
an advertising, we are going to get a percentage of it.
Commissioner Alonso: Yeah. Which is good. Our actions before also brought
to us some funding, I recall. Yes. OK. Thank you. I think, I move ...
Commissioner Plummer: Wait, wait a minute.
Ms. Lucia Doughtery: Mr. Vice Mayor.
A Quinn Jones, III (City Attorney): Mr. Vice Mayor.
Commissioner Plummer: What are you doing here?
Ms. Dougherty: Mr. Mayor, members of the Commission. My name is Lucia
Dougherty, with law offices at 1221 Brickell Avenue. I am here representing
the Florida Pay Telephone Association, which are the members of the small
entrepreneurial, private telephone owners. We have several representatives
with us here today. But, with me also is my co -counsel, Bruce Renard, who is
a telecommunications, a lawyer and expert. And, he is an expert in the FCC
(Federal Communications Commission) and PSC (Public Service Commission) work.
To tell you a little bit about, in case you have any questions -about our type
of regulations. Typically, these phones are the phones that you see on top,
on the side of commercial buildings, all over the City, that are the small
entrepreneurial owners of the phones. And they give money to the restaurant
45 July 8, 1993
owners that they associate with. They provide a service to your community.
They actually are going places Southern Bell won't go, into some of you
neighborhoods, your parks, etc. And, we think we actually think that we
provide a service. No where are these phones regulated in the State of
Florida. This is the very first ordinance. We accept it. We think it is a
very good thing for the City, we think it is a good thing for the citizens.
And, we think it is a good thing for us to keep our own association in tone,
in a sense.
Commissioner Alonso: So, you support this ordinance?
Ms. Dougherty: We accept the ordinance in toto. We have worked with your
staff. We think that your manager has done a terrific job, we think that your
law department has done a terrific job. We have one issue and one issue only.
Commissioner Plummer: Here it comes.
Ms. Dougherty: This ordinance requires us to pay 25 percent of gross. And,
what we are telling you is that we already pay Southern Bell 40 percent of our
gross.
Mr. Odio: By the way, Lucia, excuse me.
Ms. Dougherty: Excuse me.
Mr. Odio: You need to say this. In 1989, we had $36,000 in revenues. In
1993, we have $215,000 projected revenues from this public telephones.
Commissioner Plummer: You mean outside of Southern Bell?
Mr. Odio: That is City total.
Commissioner Plummer: That's total of all phones?
Mr. Odio: Yes.
Ms. Dougherty: So, we are saying to you, we accept it, we want to pay our
fair share. But, we don't think this is fair. When we have to pay Southern
Bell, 40 percent of our profits. We have to pay our premises owners.
Remember, Southern Bell does not have to pay the premises owners, cause they
are right out in the street. We have to pay them 10 percent, approximately.
We also have to ... Well, what we are proposing, and we think this is fair,
is that we would actually pay you 25 percent of, with a credit, for what we
pay Southern Bell and our premises owners. And, that would put us in parity
with what Southern Bell pays now, according to our records. Bruce can talk to
you about how those fees are actually paid to Southern Bell. Because, we
don't have our own lines for example. And, we think that this proposal is
fair. We think the ordinance is good. It is necessary, it is the first one
in the State of Florida. But, we are telling you that if we are paying 40
percent to Southern Bell and 10 percent to our premises owners, there isn't
enough margin of profitability there for us to pay you 25 percent too. So,
all that we are asking you is to credit that amount of money that we pay to
Southern Bell and to our premises' owners.
46 July 8, 1993
Commissioner Plummer: Wait a minute. Am I understanding correctly, assuming
that is 25 percent to the City, 40 percent to Southern Bell, 10 percent to the
owner and 25 percent to the City, that will leave you 25 percent of gross.
Ms. Dougherty: Correct.
Commissioner Plummer: Of gross, not net.
Ms. Dougherty: Correct, that's right. And, that is simply not a big enough
margin, frankly. What we are suggesting is that we will pay you 25 percent.
We suggested two alternatives.
Mr. Odio: After you deduct...
Ms. Dougherty: After we deduct what we pay Southern Bell and to the premises'
owners.
Mr. Odio: But, then you then put us in a position, Lucia, of having to go out
and audit all those things.
Commissioner Alonso: Let's defer this item.
Commissioner Plummer: Yeah.
Ms. Dougherty: No, no, no, we are talking ...
Commissioner Alonso: Why don't we defer this item and allow that the
Administration work with you. And, then come back, perhaps, with a solution
to this situation. I don't think we will be able to resolve this here today.
Ms. Dougherty: Yeah, sure. Those are all on computers. We can prove that to
you.
Commissioner Plummer: My colleague says to defer and I agree. What I think
you are asking, and maybe comes about more in fairness, that you are asking to
pay a percentage of net. Is really what you are asking.
Ms. Dougherty: Well, we are not asking to net anything but those two things.
Commissioner Plummer: OK. But, that is still - that is expenses. And, I
think that you can work out with the department to coming about a formula that
maybe would come to a point of a percentage of net. That would be fair.
Mr. Odio: May I ask that you pass it on the first reading, and when we bring
it back, we will bring back the amendments to those...
Ms. Dougherty: No. We would prefer to have it deferred. Thank you.
Commissioner Alonso: No, let's defer this item so that we have the
opportunity. I think that the numbers that they have given us are very ...
Vice Mayor De Yurre: OK, we have a motion.
Commissioner Plummer: Call the roll.
47 July 8, 1993
Vice Mayor De Yurre: Motion, seconded to defer.
Ms. Dougherty: Thank you very much.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 93-410
A MOTION REFERRING BACK TO ADMINISTRATION AGENDA ITEM
NO. 8 (PROPOSED RESOLUTION TO REQUIRE THAT PAY
TELEPHONE COMPANIES ENTER INTO PERMIT AGREEMENTS WITH
THE CITY OF MIAMI FOR THE ERECTION / CONSTRUCTION /
RECONSTRUCTION / INSTALLATION / OPERATION /
MAINTENANCE / DISMANTLING / TESTING / REPAIR / USE OF
PAY PHONES IN CONNECTION WITH PUBLIC RIGHTS -OF -WAY,
ETC.); FURTHER DEFERRING SAID ISSUE AND REQUESTING THE
ADMINISTRATION TO WORK WITH AFFECTED PAY TELEPHONE
COMPANIES IN THE INTERIM TO DEVISE A FAIR AND
ACCEPTABLE FEE RATE (AGAINST FUTURE REVENUES) TO
COMPENSATE THE CITY FOR COSTS INCURRED AT DESIGNATED,
APPROVED SITES.
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 Suarez
15. PROVIDE FOR HOLDING A NONPARTISAN PRIMARY ELECTION ON NOVEMBER 2, 1993,
FOR NOMINATION OF CANDIDATES FOR MAYOR AND TWO COMMISSIONERS, WITH
RUNOFF ON NOVEMBER 9, 1993, IF NECESSARY.
Vice Mayor De Yurre: Office of the City Clerk, Item 9.
Commissioner Plummer: I move to deny.
Commissioner Dawkins: What is it?
Vice Mayor De Yurre: He likes you.
Commissioner Alonso: He moves to approve. And, I second it.
48 July 8, 1993
r
Vice Mayor De Yurre: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-411
A RESOLUTION, WITH ATTACHMENT(S), MAKING PROVISIONS
FOR HOLDING A NONPARTISAN PRIMARY ELECTION ON NOVEMBER
2, 1993, FOR THE NOMINATION OF CANDIDATES FOR THE
OFFICES OF MAYOR AND TWO COMMISSIONERS AND FOR HOLDING
A LATER GENERAL MUNICIPAL ELECTION ON NOVEMBER 9,
1993, UNLESS ALL OF SAID OFFICES HAVE BEEN FILLED IN
THE NONPARTISAN PRIMARY ELECTION; PROVIDING FOR THE
REGISTRATION OF PERSONS QUALIFIED TO VOTE IN SAID
NONPARTISAN GENERAL ELECTION; DESCRIBING PERSONS
QUALIFIED TO VOTE IN SAID NONPARTISAN PRIMARY ELECTION
AND SAID GENERAL MUNICIPAL ELECTION; DESCRIBING THE
REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE
PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER
16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, WHICH THE CITY HAS ADOPTED AND DESIRES TO USE
FOR HOLDING SUCH NONPARTISAN PRIMARY ELECTION AND SUCH
GENERAL MUNICIPAL ELECTION; DESIGNATING AND APPOINTING
THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE
CITY COMMISSION WITH RESPECT TO THE USE OF SUCH
REGISTRATION BOOKS AND RECORDS; AND DIRECTING THE CITY
CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF
THIS RESOLUTION AND THE PROVISIONS HEREOF.
(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
NOES: None.
ABSENT: Mayor Xavier Suarez
49 July 8, 1993
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16. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION TO EXECUTE AGREEMENT
WITH CHARLES H. MOON, OR., FOR PURCHASE OF CITY PROPERTY AT 3659 GRAND
AVENUE IN CONNECTION WITH COMMERCIAL / RESIDENTIAL DEVELOPMENT OF
PROPERTIES SURROUNDING THE TIKI CLUB PROJECT. (See labels 22 & 53)
Vice Mayor De Yurre: Department of Community Development, Item 10.
Commissioner Plummer: Which is 3659? Is that the Gibson House? Does anyone
work around here? Hello, hello, calling collect.
Ana Sardinas: I am sorry, what was the question?
Commissioner Plummer: Hello. Which is 3659?
Ms. Sardinas: It's next to the Tiki Project.
Commissioner Plummer: Hello, 3659.
MS. Sardinas: Yeah, I am going to show you the picture.
Commissioner Plummer: Is it the seafood house?
Ms. Sardinas: There are five apartments and three commercial spaces.
Commissioner Plummer: And, who is Mr. Moon? Is this the same Moon from
Downtown?
Ms. Sardinas: I believe that he is out of town. He is being represented by
an attorney named, Toby Breigham.
Commissioner Plummer: And, you have... appraisals have been made? And the
appraisals came in ... Can I see the appraisals first.
Ms. Sardinas: Yes. Sure.
Commissioner Dawkins: While you are looking at the appraisals, where is the
money coming from to develop this after the City of Miami purchases it?
Mr. Frank Castaneda: Commissioners, if you recall the Commission had
allocated half a million dollars to about two hundred and some thousand
dollars had not been expended out of that amount of money.
Commissioner Dawkins: Why not?
Mr. Castaneda: Because they were unable to develop the property.
Commissioner Dawkins: So, now instead of taking the two hundred thousand
dollars back. Because, they did not develop the project, you are going to go
and buy another piece of property that may not be developed.
50 July 8, 1993
I
ti�?iy v�
li
Mr. Castaneda: Well, those were the instructions of the Commission to the
Administration.
Commissioner Dawkins: Well, I am trying to un-construction (sic) it. Do they
have a problem with that?
Mr. Castaneda: No.
Commissioner Dawkins: If that is the instruction that I gave you, I may want
to change my instruction. Is there anything wrong with that?
Mr. Castaneda: No.
Commissioner Dawkins: OK. Thank you.
Commissioner Alonso: But, they have the money to do the project? Don't they?
Mr. Castaneda: No, Commissioner.
Commissioner Alonso: Are they here?
Mr. Castaneda: Yes.
Commissioner Alonso: Can we table this item so that they are here and move on
with the agenda, rather than wait?
Commissioner Dawkins: OK. Go ahead. Go to eleven.
Commissioner Plummer: Can I find out how much money you are taking off the
tax ro11s? Do you know how much taxes are paid on this presently? Is one
more, less amount that we get in the tax assessment, is that ... When you
come back, please.
Vice Mayor De Yurre: OK. Item 11.
Commissioner Plummer: It's withdrawn.
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17. DISCUSS AND DEFER PROPOSED RESOLUTION TO ACCEPT PROPOSAL OF SOUTH
FLORIDA MAINTENANCE SERVICES, INC., FOR FURNISHING EVENTS MAINTENANCE
SERVICES ON A CONTRACT BASIS, TO DEPARTMENT OF CONFERENCES, CONVENTIONS
AND PUBLIC FACILITIES.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Twelve.
Commissioner Alonso: Well...
Commissioner Plummer: Wait a minute, twelve? Hold on there.
Mr. Cesar Odio (City Manager): Well, this is all right.
51 July 8, 1993
Commissioner Plummer: What choice do we have?
Commissioner Dawkins: Second.
Commissioner Alonso: That's true.
Commissioner Plummer: Mr. Manager, excuse me. We are paying, how many people
we have working at Dinner Key Auditorium? What do they do? We are paying now
for maintenance.
Mr. Odio: We have an event... We are averaging an event a week.
Commissioner Plummer: OK. That's fine, that's fifty two events a year.
Mr. Odio: This has been ... The maintenance has always been outside, so we
don't have to have people there when there is nothing happening.
Commissioner Plummer: But, Mr. Manager, I asked a question again. I think we
got six or seven or eight employees working in the Dinner Key Auditorium.
Terry Buice: Commissioner, there is five.
Commissioner Plummer: Five? What do they do? If we have only an event a
week, and we are paying a hundred and twenty thousand for clean up, what do
the five people do the rest of the week?
Mr. Buice: Basically marketing , managing the facility. We have two for set
up. Set up and your regular maintenance. This is for show event maintenance.
Commissioner Plummer: How much are we paying salaries in the auditorium?
Mr. Buice: On full time, one seventy-five.
Commissioner Plummer: I will like to ask for this to be deferred. And will
come back when they give me more information on the overall, total cost of the
operation of Dinner Key Auditorium.
Mr. Odio: By the way, this one is only for events. This are paid for by
events.
Commissioner Plummer: OK, I understand. My concern, Mr. Manager...
Mr. Odio: This is a reimbursable cost.
Mr. Buice: This, the client pays for, sir.
Commissioner Plummer: OK, I understand, but I still would like to know what
the five people are doing there. OK, so when you come back, please tell me
what they are doing. What their jobs are.
Vice Mayor De Yurre: Do you want to defer it or table?
Commissioner Plummer: Defer till next meeting.
52 July 8, 1993
Vice Mayor De Yurre: OK, Do I have a second?
Commissioner Alonso: Second. Second.
Vice Mayor De Yurre: Call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER ALONSO, ITEM 12 (Maintenance
services for Dinner Key Auditorium) WAS DEFERRED BY
THE FOLLOWING VOTE:
AYES: Commissioner Miriam Alonso
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Commissioner Miller Dawkins
Mayor Xavier Suarez
18. AUTHORIZE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO ESTABLISH PROPOSED
MILLAGE RATE OF ONE-HALF MILL FOR DOWNTOWN DEVELOPMENT DISTRICT (FY
10/1/93 - 9/30/94) (Note: This item was later reconsidered -- See label
34)
Vice Mayor De Yurre: Item 13, DDA, Downtown Development Authority J.L.
Commissioner Plummer: This is by law. I move it.
A. Quinn Jones III, Esq. (City Attorney): Before you move it, Commissioner,
you need to set the dates.
Commissioner Plummer: Fine. Isn't this just to approve the millage, item 13?
Mr. Jones: But, you also need to set the dates for the public hearings. They
should really coincide with the hearings that you are going to hold on the
City's budget.
Commissioner Plummer: Well, give us a date.
Commissioner Alonso: Mr. Manager.
Mr. Cesar Odio (City Manager): Yes.
Commissioner Alonso: What are the dates for the public hearings?
Mr. Odio: It will be in September. We have to have ...
Commissioner Alonso: He said we had to give the dates now. Don't we?
53 July 8, 1993
Mr. Jones: Yeah. You need to set the dates.
Mr. Odio: Well, let's do it now, the two meetings of September.
Commissioner Plummer: OK. I'll move for September the ninth.
Mr. Odio: And 23rd.
Commissioner Plummer: That's fine. I move item 13 in compliance with State
law.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-412
A RESOLUTION AUTHORIZING THE DOWNTOWN DEVELOPMENT
AUTHORITY ("DDA) TO ESTABLISH A PROPOSED MILLAGE RATE
OF ONE-HALF (1/2) MILL FOR THE DOWNTOWN DEVELOPMENT
DISTRICT OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1993, AND ENDING SEPTEMBER
30, 1994; AND AUTHORIZING AND DIRECTING COMMUNICATION
OF SAID PROPOSED MILLAGE RATE TO THE DADE COUNTY TAX
COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF
THE PUBLIC HEARINGS AT WHICH THE CITY COMMISSION WILL
CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA
TENTATIVE BUDGET FOR SAID FISCAL YEAR.
(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
NOES: None.
ABSENT: Commissioner Miller Dawkins
Mayor Xavier Suarez
54 July 8, 1993
-------------
------------------------------------------------------- ---------
i
19. AUTHORIZE TRANSFER OF FUNDS ($350,000) TO THE DOWNTOWN DEVELOPMENT
AUTHORITY (DDA) FROM GENERAL FUND AS AN ADVANCE PAYMENT OF AD VALOREM
TAXES TO BE RECEIVED FROM METROPOLITAN DADE COUNTY BY THE CITY ON BEHALF
OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA).
------------------------------------------------------------------------------
Vice Mayor De Yurre: OK. Item 14.
Commissioner Plummer: Fourteen is something that you do every year, give them
a cash advance which is repayable. I move it.
Vice Mayor De Yurre: Yeah, but, it's never this easy.
Commissioner Plummer: I am sorry?
Vice Mayor De Yurre: It is never this easy.
Commissioner Plummer: Never what?
Vice Mayor De Yurre: It is never this easy.
Commissioner Alonso: Never this easy.
Commissioner Plummer: Oh, oh.
Mr. Cesar Odio (City Manager): I am amazed.
Vice Mayor De Yurre: Huh?
Mr. Odio: I'm amazed. I'm really surprised.
Vice Mayor De Yurre: Call the roll.
Commissioner Plummer: I'll get even later.
55 July 8, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-413
A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS IN THE
AMOUNT OF THREE HUNDRED FIFTY THOUSAND DOLLARS
($350,000) TO THE DOWNTOWN DEVELOPMENT AUTHORITY
("DDA") FROM THE GENERAL FUND AS AN ADVANCE PAYMENT OF
AD VALOREM TAXES TO BE RECEIVED FROM METROPOLITAN DADE
COUNTY BY THE CITY OF MIAMI ON BEHALF OF THE DDA;
PROVIDING FOR REPAYMENT BY DDA BEFORE THE END OF THE
1993-1994 FISCAL YEAR; PROVIDING FOR THE PAYMENT OF
INTEREST TO THE CITY OF MIAMI AR THE RATE OF SIX
PERCENT (6%) PER ANNUM; AND PROVIDING FOR A SCHEDULE
FOR THE SUBJECT FUNDS TRANSFER TO DDA.
(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
NOES: None.
ABSENT: Commissioner Miller Dawkins
Mayor Xavier Suarez
------------------------------------------------------------------------------
20. (A) REJECT PROPOSALS SUBMITTED BY DOWNTOWN DISTRIBUTORS, INC., NOR-MUNDO
CORPORATION AND PALM LIQUOR LOUNGE, INC. -- IN RESPONSE TO RFP FOR UDP
CONSISTING OF DEVELOPMENT OF IMPROVEMENTS ON CITY -OWNED RIVERFRONT
PROPERTY BETWEEN S.W. 2 AND 3 STREETS ON S.W. NORTH RIVER DRIVE, ALONG
THE MIAMI RIVER.
(B) INSTRUCT ADMINISTRATION TO ISSUE AND READVERTISE NEW RFP IN
CONNECTION WITH DEVELOPMENT OF THE ABOVE -CITED RIVERFRONT PROPERTY.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Item 15, Department of Development and Housing
Conservation.
Commissioner Plummer: Somebody explain this one to me.
Commissioner Alonso: Yes. Fifteen.
Commissioner Plummer: What is this, Mr. Manager?
56 July 8, 1993
Mr. Cesar Odio (City Manager): What we are doing on 15 is rejecting... we
went out on proposals. The proposal we got back is not acceptable to the
Administration. We are recommending that we throw it out.
Commissioner Plummer: What are were you trying to accomplish, is what I am
trying to ask?
Mr. Odio: We are trying to get some moneys, revenues from that property.
But, it is just not a good proposal.
Commissioner Alonso: Nothing happened.
Commissioner Plummer: Southwest 2nd and third street on Southwest ...
Mr. Odio: On the river front.
Commissioner Plummer: Southwest North River Drive.
Commissioner Alonso: That is the same property as the ...
Mr. Odio: We had only one proposal from Nor-Mundo Corporation and Palm Liquor
Lounge.
Commissioner Plummer: But, that's next to Jose Marti Park?
Mr. Odio: Across.
Commissioner Alonso: Yeah, that's the same property all over again. Right?
Mr. Odio: Yes. Yes.
Commissioner Alonso: Similar situations happened before.
Mr. Herb Bailey(Assistant City Manager): Yeah, fifteen?
Mr. Odio: Fifteen, yeah.
Mr. Bailey: We got the response, Commissioners. This is about the third time
we didn't get any response.
Commissioner Alonso: This is the second time, right? The third time.
Commissioner Plummer: Is this the old Bread and Board?
Mr. Bailey: No, no, no. This is on the river. A little, small piece of
property that we have been trying to get bids on.
Commissioner Plummer: OK.
Mr. Herb Bailey (Assistant City Manager): And, out of ... The bids were not
just responsive. Out of fifty items, twenty-eight of the items were not
answered on one proposal. Thirty-three on another and twenty nine on another,
that they just didn't respond at all.
57 July 8, 1993
Commissioner Dawkins: Bailey, were they called in and told that they didn't
respond adequately or you just send them a ... Or, did you tell them why they
didn't qualify?
Mr. Bailey: All right, we have a sheet here listing every item that they did
not have. Yes.
Commissioner Dawkins: You are doing like the Manager does, man. Let me ask
you again. Did you call them in, or has anybody been in touch with them to
tell them what they didn't do right, so that if they decide to re -apply, they
know what they didn't do?
Commissioner Alonso: That is a good question.
Mr. Bailey: We haven't done that, no. Not, until we bring it here.
Commissioner Dawkins: Oh, OK.
Mr. Bailey: We haven't done that.
Vice Mayor De Yurre: OK., we have a motion and a second to reject?
Commissioner Plummer: Yeah, fine.
Commissioner Dawkins: Second.
Vice Mayor De Yurre: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-414
A RESOLUTION REJECTING THE PROPOSALS SUBMITTED BY
DOWNTOWN DISTRIBUTORS, INC., NOR-MUNDO CORPORATION AND
PALM LIQUOR LOUNGE INC., IN RESPONSE TO THE REQUEST
FOR PROPOSALS (RFP) ISSUED JUNE 1, 1992, BY THE CITY
OF MIAMI FOR THE UNIFIED DEVELOPMENT PROJECT (UDP)
CONSISTING OF THE DEVELOPMENT OF CERTAIN IMPROVEMENTS
ON CITY -OWNED RIVERFRONT PROPERTY LOCATED BETWEEN 2ND
AND 3RD STREETS ON S.W. NORTH RIVER DRIVE, ALONG THE
MIAMI RIVER, IN MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
58 July 8, 1993
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 Suarez.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Dawkins: Well, we all go back out for more proposals to develop
this property.
Mr. Bailey: That's if the Commission so desires. This is about the fourth or
fifth time that we've been out.
Commissioner Dawkins: I so order.
Commissioner Alonso: Yes.
Commissioner Dawkins: Yeah, but, you see, that's maybe Mr. Bailey the reason
why the sixth or seventh time that we went out, we have not explained to the
people - not you, now - what the City of Miami will or will not accept.
Mr. Bailey: We will do it as many times as you like.
Commissioner Alonso: Yeah, invite potential participants and explain to
them...
Commissioner Dawkins: Yeah, but, I don't want you, Mr. Bailey, or your staff
spinning your wheels, you know, constantly throwing this out. We need to have
something to tell them, this are the guidelines. This is are what you got to
abide by. I mean, I know you send it on paper.
Mr. Bailey: Well, let me make one explanation. We call them in on pre -bid
conferences and hold a meeting with them and go over every item and explain it
to them.
Commissioner Dawkins: And, they still didn't comply?
Mr. Bailey: No. We do that on every bid.
Commissioner Dawkins: I don't think there's any more that you can do.
Commissioner Plummer: Right.
Mr. Bailey: We call them in and we answer every question. We go over it with
a conference with them. And, we record every conference.
59 July 8, 1993
Commissioner Alonso: Unfortunately, at times they are so confused that they
really don't know what to ask at that particular time. And, I understand that
there little you can do. But, that is the truth.
Mr. Bailey: We'll do it as many times as you like.
Commissioner Alonso: OK.
A. Quinn Jones III, Esq. (City Attorney): If it is the desire of the
Commission, you need a motion to instruct the Administration to go out back
out to bid.
Commissioner Dawkins: Yes, it is. I so move.
Commissioner Alonso: Yes. Second.
Vice Mayor De Yurre: Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 93-415
A MOTION INSTRUCTING THE ADMINISTRATION TO RE -
ADVERTISE AND ISSUE NEW RFPS IN CONNECTION WITH A
UNIFIED DEVELOPMENT PROJECT (UDP) CONSISTING OF
DEVELOPMENT OF CERTAIN IMPROVEMENTS ON CITY -OWNED
WATERFRONT PROPERTY IN THE GENERAL AREA OF S.W. 2ND
AND 3RD STREETS ON S.W. NORTH RIVER DRIVE, ALONG THE
MIAMI RIVER.
Upon being seconded by Commissioner Alonso, 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 Suarez.
60 July 8, 1993
------------------------------------------------------------------------------
21. REALLOCATE $48,000 IN UNEXPENDED CDBG PROGRAM FUNDS, PROJECT: HOUSING
REHABILITATION PROGRAM ADMINISTRATION -- TO MAKE PAYMENT / SATISFY
DELINQUENT REAL ESTATE TAXES / PURCHASE MONEY MORTGAGE ON VACANT PARCEL
AT 1025 WEST FLAGLER STREET -- ACCEPT TRANSFER OF TITLE FROM HOUSING
COOPERATIVE, INC., PRIOR TO CONSTRUCTION OF PROPOSED HOUSING
DEVELOPMENT.
Vice Mayor De Yurre: Item number 16.
Commissioner Plummer: Yes, on sixteen, Mr. Manager, why are we paying
delinquent taxes?
Mr. Jeff Hepburn: Commissioner Plummer, this item came before the Commission
back in May. The City currently has about $300,000 invested in that property.
We provide a funding to Florida Housing Cooperatives to purchase that
property, and, they have been unable to pay the taxes. We are going to lose
it based on a tax certificate.
Commissioner Dawkins: They have not been able to what, now?
Mr. Bailey: They have not been able to pay the taxes.
Commissioner Alonso: Didn't we approved this before?
Mr. Bailey: That's correct. This goes back, back in May.
Commissioner Dawkins: All right, all right let me ask you a question.
Commissioner Alonso: So, this is the same coming back?
Mr. Bailey: Coming back to identify where the funds will come from and
authorization to go ahead and satisfy.
Commissioner Dawkins: No, hold it, hold it. Two, fourteen, ninety-one,
Resolution 91-123. You gave them $288,000 to purchase a piece of land and the
deed which insured that title to said parcel shall be deeded to the City if
construction on the proposed mixed use cooperative house project is not
underway within twenty-four months. Now, have they build this?
Mr. Hepburn : No, they haven't.
Commissioner Dawkins: So, why are you giving them $48,000 when you gave them
$288,000, and they have not fulfilled what they were supposed to do. And, I
can understand, if you were telling me that the $48,000 will complete the
building. But, you are not telling me that. You are saying that we are just
paying taxes on a piece of property that you are going to let them continue to
hold. Why?
Commissioner Alonso: But, we are going to lose the property.
61 July 8, 1993
Mr. Hepburn: We are doing this action to save the property. Because,
otherwise, Commissioner...
Commissioner Dawkins: Say what?
Mr. Hepburn: We are doing this action to save the property...
Commissioner Dawkins: The property is already yours according to this deed.
Mr. Hepburn: No, it is not. The title is ...
Commissioner Dawkins: All right, I'll read it to you again. OK. Resolution
91-123, here is the resolution and the resolution said, "The agreement and
deed which insures that title to the said parcels shall be deeded to the City
if construction on the proposed mixed use cooperative housing project is not
under way within twenty-four months." This is ninety ... This was in
2/14/91. This 2/14/93, that's twenty four months.
Mr. Hepburn: Back in March you provided an extension of one year to this
particular group.
Commissioner Dawkins: OK. We did?
Mr. Hepburn: That's correct.
Mr. Cesar Odio (city Manager): Yes.
Vice Mayor De Yurre: You know, I think that what he is saying is, here is a
property that something should had happened quite a while ago.
Mr. Odio: That's correct.
Vice Mayor De Yurre: Nothing is happening. And, the one that is paying for
nothing happening is the City of Miami. Because, we have to pay the taxes.
Mr. Odio: But, you see, we wanted to take the property back and you told us
to give them one more year.
Vice Mayor De Yurre: Well, when was that?
Mr. Hepburn: Back in March.
Mr. Odio: March.
Mr. Hepburn: Back in March.
Vice Mayor De Yurre: March of this year?
Mr. Hepburn: That's correct.
Vice Mayor De Yurre: Well, how much money have we ... We have given
additional monies other that the $288,000 haven't we?
Mr. Hepburn: In term of this particular project, no.
62 July 8, 1993
Vice Mayor De Yurre: No, but, in general ...
Commissioner Plummer: Well, but other projects.
Mr. Hepburn: Administration will pay for administration of that organization.
But, not for this particular project.
Vice Mayor De Yurre: OK, but, what other project do they have?
Mr. Hepburn: This is the only one.
Vice Mayor De Yurre: So, we are paying for this. Any monies that we give
them is because of this. If not there be no reason for them to exist. Right?
Mr. Hepburn: For them to exist 1n terms of producing some housing on this
particular piece of land.
Vice Mayor De Yurre: This is the only thing they have on the table.
Mr. Hepburn: That is correct, in terms of the fundings they received.
Vice Mayor De Yurre: OK. So, whatever monies they get ...
Commissioner Alonso: Pending? But, excuse me, pending? But, in reality they
have other projects in the City of Miami.
Mr. Hepburn: They have all the projects that they have done, yes.
Commissioner Plummer: Is this refundable?
Commissioner Alonso: Housing that they have all ready built or...
Mr. Hepburn: This is a loan. And, what we are suggesting in this resolution,
likewise, is that title reverts to the City when we do this transaction. So,
that we insure that the City maintains that we have an additional
investment...
Commissioner Plummer: How long is the loan for?
Mr. Hepburn: It's open ended until they build the project.
Commissioner Plummer: And, then is paid back in ...
Mr. Hepburn: That's correct, through construction loans.
Commissioner Plummer: ... and how long a period of time after that?
Mr. Odio: You know ...
Mr. Hepburn: It's paid back once the project is build through a construction
loan and also permanent financing.
Commissioner Alonso: So, we will get the money from that construction money.
63 July 8, 1993
i
Mr. Hepburn: That's correct.
Vice Mayor De Yurre: Miller.
Commissioner Dawkins: They do a wonderful job. OK. They have provided
housing where housing would not be. But, I just cannot continue to tie up a
parcel of land that they are not building on.
Mr. Hepburn: Well, that's why we want to take it back, just in case it never
happens. And, let's say we can do something else with it later. But, the tax
problem would be a problem every year, until they build a project.
Vice Mayor De Yurre: OK, so what are you saying that we are...
Mr. Hepburn: With the moratorium it makes it even more difficult for them to
build anything.
Commissioner Dawkins: You are losing me, Mr. Hepburn. You are saying to me,
that we pay the taxes of $48,000 this year. And, that if they do not build,
we pay the taxes again, $48,000, next year.
Mr. Hepburn: No, no. Commissioner there are two things we are trying to
address in the $48,000 There is an outstanding first mortgage, purchase
money mortgage of about $26,000. Then there is about $14,000 in outstanding
taxes.
Commissioner Dawkins: So, the $288,648 was not the complete purchase price of
the land.
Mr. Hepburn: That's correct.
Commissioner Alonso: Yes.
Mr. Hepburn: They were short of about $20,000 when they purchased the
property. So, the owner gave them a mortgage for $20,000. That came due back
in April.
Commissioner Dawkins: Yes, but, what I'm saying to you, Mr. Hepburn. And, I'm
trying to get in my mind is, they were short $20,000.
Mr. Hepburn: That's correct.
Commissioner Dawkins: In two years, they are still short $12,000.
Mr. Hepburn: $20,000 plus $14,000 outstanding taxes.
Commissioner Dawkins: I mean huh ...
Mr. Hepburn: $20,000 which is the outstanding ...
Commissioner Dawkins: Taxes.
Mr. Hepburn: ... mortgage. There is a first mortgage out there.
i
64 July 8, 1993
Commissioner Dawkins: All right, they still owe $20,000. They owed $20,000
when you gave them $288,000 and they still owe $20,000.
Mr. Hepburn: That's correct.
Commissioner Dawkins: I see.
Mr. Hepburn: When they purchased the property, the did not have enough money
to purchase. So, there was a mortgage provided of 20,000 plus interest.
Commissioner Dawkins: But, they are a nonprofit organization and they work
for the benefit of the people. Where are they going to get the money to pay
the mortgage and the taxes?
Mr. Hepburn: The way I understand this was supposed to be resolved, was that
there would be a project built.
Commissioner Dawkins: It was.
Mr. Hepburn: They would go out and get a mortgage or construction loan to
build the project and a mortgage to pay off the construction loan.
Commissioner Dawkins: And, rent out the units which would retire the debt.
All right, I know all of that.
Mr. Hepburn: That $20,000 mortgage would have been paid off through the
construction loan and the permanent financing, had the project been built. It
hasn't been built yet.
Vice Mayor De Yurre: And, why hasn't it been built?
Mr. Hepburn: They have not been able to secure the financing they need.
There is a moratorium in terms of water and sewer here in the County.
Vice Mayor De Yurre: No, no, no. That water and sewer moratorium just
happened.
Mr. Hepburn: Now, well, I am saying that is part of the problem, now.
Vice Mayor De Yurre: We are going back two years now.
Mr. Hepburn: That's even more so part of the problem. That's is why we are
saying that we need to put the property on our name for now. So, that taxes
are not generated and we don't come back to you next year to solve the same
i problem.
Commissioner Dawkins: OK. So, what you are suggesting is the City take the
property and hold it and give them six months or something, to come in with a
package showing that they are going to develop the land. And, then if they
don't, what do we do then?
Mr. Hepburn: Then we evaluate if perhaps we can do it with another developer
or try to develop it ourselves.
65 July 8, 1993
i
Commissioner Alonso: But, what we are doing ...
Commissioner Dawkins: Or, let somebody develop ... Or, maybe then we can find
somebody who will go in and help them develop it, like CODEC or somebody. I
don't know.
Mr. Hepburn: That's correct. That will be the option.
Vice Mayor De Yurre: What is the appraised value of this? The appraised
value of the property.
Mr. Hepburn: The appraisal when it was purchased two years ago, was $300,000,
$305,000 I think was the number. I don't know how much exactly what it is
worth today. But, when it was purchased, there was an appraisal for $305,000.
Vice Mayor De Yurre: OK.
Commissioner Alonso: So, what we are doing now is placing ourselves in a
position that we will not lose the property and if they cannot come through
with the development, we will be in place and the property will be ours. And,
we will not be losing this piece of land.
Mr. Hepburn: That's correct. That's correct.
Commissioner Alonso: I move the item.
Commissioner Plummer: Which item?
Commissioner Alonso: Sixteen.
Vice Mayor De Yurre: Sixteen.
Commissioner Plummer: Well, the only question I still have is, sir, you are
telling me that the loan will be repaid as soon as they get a certificate of
occupancy. Is that correct?
Mr. Hepburn: Yes, basically they will get a construction loan to build the
project and they will get a permanent loan to pay up that construction.
Commissioner Plummer: And, what interest are they paying on this loan?
Mr. Hepburn: It's at zero percent.
Commissioner Plummer: Huh.
Mr. Hepburn: We recommended, zero percent. They don't have any money.
Commissioner Plummer: Zero percent!
Mr. Hepburn: The property, basically, is ours. I would say. We paid for it,
although title to the property is in their name.
66 July 8, 1993
0" 1`
Commissioner Plummer: It sure doesn't give much of an incentive to pay it
back, does it?
Commissioner Alonso: Well, they will lose the property if they don't.
Mr. Hepburn: I don't think that they have the money to do it.
Commissioner Alonso: That's the situation. They will lose the property and
the property will come back to us. And, that is exactly what we are doing
today, guaranteeing that it will come back to us.
Mr. Hepburn: That's correct.
Commissioner Plummer: OK. I ...
Commissioner Dawkins: The only problem is...
Commissioner Plummer: It doesn't make sense, but...
Commissioner Dawkins: No, the only problem I it's already ours, you are
paying the taxes. You have to sit down, they are a nonprofit organization.
They don't, I mean, they don't work for profit. As long as they have been out
there, they don't work for profit. They will never have any money.
Commissioner Plummer: Miller, they do a great job, OK.
Commissioner Dawkins: Uh, huh.
Commissioner Plummer: It is just the idea that you are making a loan with
zero ...
Commissioner Dawkins: I am not making a loan. I am not making a loan. I am
paying off the taxes and taking the land. That's what I am doing. I am not
making the loan. OK.
Commissioner Dawkins: And, we will give them six months to come in with a
plan to build on it. And, if they can't build on it, then you do whatever you
are going to do.
Vice Mayor De Yurre: Well, isn't the whole purpose of what we do here to
provide housing?
Commissioner Dawkins: Yes.
Vice Mayor De Yurre: No matter who does it, the purpose is to provide
affordable housing. If we are going to take this property back, I am not
comfortable in just sitting back and waiting and letting things drag. If they
have the ability to put a package together, let them do so. But, at the same
time, I want to give others an opportunity that would like to develop it,
since, we are going to be owning this property now, to come up with a package.
And, who ever comes up with a package first, that is doable, we go with that
individual or that entity. So, we don't have to sit back and wait another
year, going to a third year, for something to happen, when there are people
that have no place to live and are asking us for this kind of relief. So, if
67 July 8, 1993
*04
we are looking about taking this property back and paying another $48,000,
which we were not expected to pay, then I would say that, you know,
immediately, we go out in giving them the opportunity as well as anybody out
there to put a package together to develop this property.
Commissioner Alonso: But, we will in fact be going against two things that we
did before. And, you correct me if I am wrong. Previously, we gave them an
extension until March, number 1. Secondly, we approved this funding.
Actually, you are coming to tell us where the funding is coming from.
Because, the approval has been granted before. Correct?
Mr. Hepburn: That is correct.
Commissioner Alonso: So, what we are doing is guarantying ourselves that if
they cannot come through as previously approved, then the property will come
back to us. But, in fact the two actions taken by this Commission are in
place. Correct?
Mr. Odio: Commissioner, representative Eladio Armestos would like to say
something on this issue.
State Representative Eladio Armesto: Yes, good morning. In addition to the
information that you already have, Mr. Luis Morse and myself, we are helping
the cooperative. Effective October 1st, of this year, there is a new law,
that was passed by the House and the Senate, that will allow, is like, we are
creating like a quasi-, some kind of authority to finance this type of
projects. Or, to help finance this type of project from the State level.
And, we are going to file an application as soon as the law becomes effective
on their behalf to try to get some money for them to pay this $20,000 or
$28,000, or whatever they owe, in order that they don't lose that. But, if
you save the project now, the money will come back to you anyway. I mean that
will be another safeguard that you will have.
Vice Mayor De Yurre: You are saying that it is law already?
Representative Armestos: Yes. It was passed by the Speaker Pro Temp, I
forget his name now. And, it's going to be effective October the first. It's
about how to help housing cooperatives and housing projects.
Commissioner Dawkins: I'll amend my motion to say that if they have not
pulled a permit by December, take the land. If you got the money on October,
they should be able to do something by December.
Representative Armestos: No, no, no, Commissioner. Being realistic, if we
apply for the money in after October, we won't get it until January or
February. Let's be realistic.
Commissioner Alonso: So, the March day that we have ...
Commissioner Dawkins: Yes, but you get it appropriated.
Representative Armestos: No, no, wait. The house goes back in session
February. And, this will be one of the first project to be approved and to be
presented to the full house.
68 July 8, 1993
M
Commissioner Alonso: So, the March date that it is in effect now, you are
saying, is the reasonable date?
Representative Armestos: Yes, 1f you can expand from December, let us say to
March, it'll be reasonable.
Commissioner Alonso: March 1s present date, so it does coincide.
Commissioner Dawkins: All right, March. OK, March.
Representative Armestos: March 30th. That will give enough time for every
party involved ...
Commissioner Dawkins: And, if they don't have it like the Commissioner and
the Vice Mayor said, we'll find somebody to do some affordable housing on that
piece of property.
Representative Armestos: Right. I think, I mean you would free to do it.
Commissioner Alonso: OK.
Representative Armestos: Thank you.
Vice Mayor De Yurre: OK. Let me ask you, Mr. City Manager, this $48,000, did
we establish this figure back in March?
Mr. Odio: No.
Mr. Hepburn: No, we did not.
Vice Mayor De Yurre: What did we establish in March?
Mr. Hepburn: Basically, there is about $14,000 in outstanding taxes. Back in
March, there was about $26,000 in terms of the mortgage. The first mortgage
in interest ...
Vice Mayor De Yurre: Uh, huh.
Mr. Hepburn: ... but, I think that the attorney, the person that sold them
the mortgage is in the process of foreclosing. And, there is going to be fees
j incurred for that. So, we flushed it a little bit to make sure that we didn't
have to ...
Vice Mayor De Yurre: OK, but my question is, were we aware that we that we
were talking about this kind of monies?
Mr. Hepburn: That's correct. You were. You were told.
Vice Mayor De Yurre: That it was going to be in the 401s.
Mr. Hepburn: That's correct.
Vice Mayor De Yurre: OK.
69 July 8, 1993
Commissioner Plummer: All right, let's move on.
Vice Mayor De Yurre: We have a motion and a second. Call the roll.
Commissioner Alonso: Yes.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-416
A RESOLUTION DIRECTING THE CITY MANAGER TO REALLOCATE
AN AMOUNT NOT TO EXCEED $48,000 IN UNEXPENDED
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, FROM
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT
ENTITLED "HOUSING REHABILITATION PROGRAM
ADMINISTRATION", FOR THE PURPOSE OF MAKING PAYMENT AND
TO SATISFY OUTSTANDING DELINQUENT REAL ESTATE TAXES
AND A PURCHASE MONEY MORTGAGE ON A PARCEL OF VACANT
LAND LOCATED AT APPROXIMATELY 1025 WEST FLAGLER
STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY
MANAGER TO ACCEPT THE TRANSFER OF TITLE INTO THE NAME
OF THE CITY OF MIAMI OF THE AFOREMENTIONED PARCEL FROM
FLORIDA HOUSING COOPERATIVE, INC. IN THE INTERIM
PRIOR TO THE COMMENCEMENT OF CONSTRUCTION OF THE
PROPOSED HOUSING DEVELOPMENT.
(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 Suarez.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I'm voting yes, with reservations, but I11 vote yes at
this time.
70 July 8, 1993
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22. (A) EXECUTE AGREEMENTS WITH 7 NEIGHBORHOOD BASED HOUSING COMMUNITY
DEVELOPMENT CORPORATIONS: (1) ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY,
(2) CODEC, INC., (3) LITTLE HAITI HOUSING ASSOCIATION, (4) EAST LITTLE
HAVANA COMMUNITY DEVELOPMENT CORPORATION, (5) FLORIDA HOUSING
COOPERATIVE, INC., (6) ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, AND
(7) TACOLCY ECONOMIC DEVELOPMENT CORPORATION -- TO STIMULATE DEVELOPMENT
OF HOUSING AFFORDABLE TO LOW / MODERATE INCOME FAMILIES / INDIVIDUALS --
COMMISSION DELETED THREE OF THE NEIGHBORHOOD BASED HOUSING COMMUNITY
DEVELOPMENT CORPORATIONS: (1) MODEL HOUSING COOPERATIVE, INC., (2)
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, AND (3) GREATER
MIAMI NEIGHBORHOODS, INC.
(B) DISCUSSION CONCERNING REPORT ACQUISITION OF THE HARDEMON MARKET
SITE.
(C) (Continued) DISCUSSION CONCERNING PROPOSED RESOLUTION TO EXECUTE
AGREEMENT WITH CHARLES H. MOON, JR., FOR PURCHASE OF CITY PROPERTY AT
3659 GRAND AVENUE IN CONNECTION WITH COMMERCIAL / RESIDENTIAL
DEVELOPMENT OF PROPERTIES SURROUNDING THE TIKI CLUB PROJECT. (See
labels 16 & 53)
Vice Mayor De Yurre: Item 17.
Commissioner Plummer: Uh, staff. What is your recommendation as far as the
programs for last year? I don't find, where you, in the past - unless I
didn't look in the right place - normally, you evaluate every program and
recommend.
Mr. Jeff Hepburn: Presently, we are recommending that we fund eight COCs,
well nine, from last year that received funding. Recommending all nine,
except Wynwood, Economic Development Corporation, at this point. There is a
recommendation for one new group by the name of Model Housing Cooperative.
Commissioner Plummer: My question again, is very simple, sir. Is that to
indicate to me that you have evaluated this program for the past year, and in
your estimation that they have done a good job, and as such, should be
recommended for continuing funding.
Mr. Cesar Odio (City Manager): Yes, and that is why we are saying that we
want to withhold funding to Wynwood Economic Development Corporation.
Because, they have not filed some papers that were due in Tallahassee. It
cost us $350,000. We might even have to pay it back. And, until they clarify
this situation, I am recommending against any funding to that organization.
Commissioner Plummer: That's fine. And, I think that's proper. You are
stating that all of the other nine have filed all of the necessary papers.
They have had their audits done. That money was well spend.
Mr. Hepburn: That's correct.
Commissioner Dawkins: Hold it. Hold it, hold it.
71 July 8, 1993
Mr. Odio: So, we are recommending all but Wynwood.
Commissioner Plummer: I hear you. David wants to speak and Bill Rios wants
to speak, if the Vice Mayor is so inclined.
Vice Mayor De Yurre: Sure. Let's listen to what they have to say.
Commissioner Plummer: By the way, while they are coming to the microphone,
Mr. Mayor, Mr. Manager, I will like a report this afternoon on the Hardemon
property.
Mr. Frank Castaneda: What would you like to know, sir.
Commissioner Plummer: Well, I would like to know did we buy it, if we did ...
Mr. Odio: We bought it.
Commissioner Plummer: OK. Mr. Hardemon came into my office, sir, supposedly
with a full understanding, that Mr. Hardemon was taking over the reigns.
Mr. Odio: No, we ...
Commissioner Plummer: Excuse me, I am talking about what he said. And, that
we were going to give him the money to stock it. And, that was not my
understanding when somebody here made a motion to take it over. So, I don't
want to take up the time. I am asking for a report, whether you want to do it
orally or in writing. I just want a report.
Mr. Odio: I'll give it to you orally now. The situation with them is
resolved. And, I will tell you why afterwards.
Commissioner Plummer: OK, that's fine, sir. As long as I am informed. At
this point, I haven't been.
Vice Mayor De Yurre: I guess that clears the matter.
Commissioner Alonso: Yeah.
Vice Mayor De Yurre: Go right ahead.
David Alexander: Good morning, Commissioner. My name is David Alexander,
Executive Director of Coconut Grove Local Development Corporation. We are
requesting inclusion on item 17. We have a pending, but tabled item to
discuss with you this afternoon which does involve some affordable housing
redevelopment. And, we are asking that you consider us also for funding from
the Department of Housing. If we acquire the properties that we were to
discuss this morning, we will have to do some renovations on five apartments
and we'll have to do some affordable housing initiative. So, we ask if you
would, at least, temporarily include us until such time as the discussion is
completed on item 10 this morning.
Commissioner Dawkins: OK, you see this is what I am saying. You, the
Administration, recommends, $148,000 of something to acquire a piece of
property to turn over to you, and you do not have any money to operate on.
72 July 8, 1993
But, yet, they want to give you the property to develop, and you don't have
anything to worry with, Mr. Alexander.
Mr. Alexander: That's true, Commissioner.
Commissioner Dawkins: You know. So, why are you recommending this?
Mr. Hepburn: We are not recommending funding for Coconut Grove LDC (Local
Development Corporation).
Commissioner Dawkins: Yeah, but, you are recommending that you purchase the
property and turn it over to him.
Vice Mayor De Yurre: No, Miller is making a point. Item 10, is it?
Commissioner Dawkins: Yes.
Vice Mayor De Yurre: Wasn't there an item that said, asking us to give the OK
to purchase the 3659 property?
Mr. Alexander: Right.
Mr. Castaneda: Commissioner, now, item 10. On item 10, we were asked by the
City Commission to appraise that property to give the Goombay an access way
Into the parking lot from Grand Avenue. We have appraised the property. We
do not have an agreement with the seller of the property at this time.
Commissioner Plummer: Are you speaking of which property? This property
here?
Mr. Odio: Mr. Moon. Mr. Moon.
Mr. Castaneda: Which is the Moon property.
Commissioner Dawkins: OK, now, when you buy the property, what are you going
to do with it, Mr. Castaneda?
Commissioner Plummer: You are going to spend a hell of a lot of money to try
to fix it up for low rental.
Commissioner Dawkins: Wait a minute now. Wait, wait, J.L. give me a break.
What are you going to do with it?
Mr. Castaneda: Commissioners, I would assume that ...
Commissioner Dawkins: Wait, wait a minute. I will rephrase it. What did we
direct you to do with it? I'll Take the monkey off your back.
Vice Mayor De Yurre: We haven't done anything.
Mr. Castaneda: At this time, you only directed us to acquire the property.
And, I believe, that there was some intent to later on either lease the
property for Coconut Grove LDC at a later time.
73 July 8, 1993
Commissioner Dawkins: At a later time. OK, now ...
Mr. Castaneda: Now, they will need money to rehab the property from the City.
And, they are going to need money to develop the Goombay Project. They don't
have that.
Commissioner Dawkins: So, therefore, in the event that the City of Miami
acquires the property, and someone comes in, Wednesday morning, next week and
tells Mr. Hepburn, "We want to put a mixed -use development on this piece of
property. We have the financing, the package and all." It will go to that
group. Or, is this earmarked for that group.
Mr. Castaneda: The Commission did not specifically ... I think the intend
was to give it to Coconut Grove LDC, but I don't believe the resolution
dictates that.
Commissioner Dawkins: OK. That was not ...
Vice Mayor De Yurre: But, whose intend was it?
Commissioner Dawkins: ... I am one... did not vote ... That was not my intent.
I voted against that, OK.
Commissioner Plummer: Yeah. But, you know on this Item 10, you are talking
about property, rental property, that is bringing in $4,000 a year. $4,000 a
year.
Unidentified Speaker: Commissioner Plummer, are you talking about the taxes?
Commissioner Plummer: No, ma'am, I am talking from the report. The taxes are
$2,600. According to this, rental income is $4,121.00, and the net income
after expenses was $408.00. I am reading from this report. OK. I mean, this
thing is crazy. May I ask, Mr. Manager, how much did we pay for this
appraisal?
Commissioner Alonso: May I ask are we in item 10, now?
Vice Mayor De Yurre: Well, they are revisiting 10.
Mr. Alexander: ,Well, they are discussing it. But, that's not why I am here.
I am here on seventeen, cause they are related.
Vice Mayor De Yurre: Hold, it. Let's have one meeting at a time.
Ms. Christina Cuervo: I don't know. But, I think, basically, we have been
collecting about ... That property has generated about $19,000 in revenue, of
which expenses are $10,000. Which leaves a net of around $9,000.00.
Commissioner Alonso: I would like to know if we are going to take action or
not.
Commissioner Plummer: Excuse me, I am only going on a financial report on the
property, 3659 Grand Avenue, page 8-20, of what you handed me. "Rental
income, year to date, $4,121.00."
74 July 8, 1993
Ms. Cuervo: Year to date through when?
Commissioner Plummer: December 31, 1991.
Ms. Cuervo: Because what we've got is, we've got four units paying $270.00 a
month. OK, of which one is vacant, we have three retail ...
Commissioner Plummer: Then why do you give me information that is outdated
and immaterial?
Ms. Cuervo: I am not sure. Because, that's the same appraisal report that
•so
Commissioner Plummer: How much did we pay for this audit? Or, for this
appraisal?
Ms. Cuervo: I don't know.
Commissioner Plummer: How much?
Ms. Cuervo: We paid $2,500.00.
Commissioner Plummer: I wish you could look at this damn things. And, you
wonder why we don't get reports back.
Commissioner Dawkins: Well, what do you expect for $2,500.00. Jesus Christ!
Commissioner Plummer: They talk about the Port of Miami. They talk about the
Port of Miami. I can tell you from this report...
Commissioner Dawkins: $2,500.00. What do you want for $2,500.00, man?
Commissioner Plummer: I want something simple that people understand and do
business accordingly. I can tell you how many forty-four year old people are
in Dade County, from this report.
Mr. Odio: Commissioner, may I? We do not have an agreement from Mr. Moon
that we can purchase ...
Commissioner Dawkins: I am not not interested in that.
Mr. Odio: ...so cause I would like to withdraw that item.
Commissioner Dawkins: I am interested in remembering, see. But, when I say
things up here, I'm not heard.
Mr. Odio: Yes, sir, you are.
Commissioner Dawkins: I distinctly said ...
Commissioner Plummer: Oh, you are heard. But, they just don't do anything
about it. That's the difference.
75 July 8, 1993
Commissioner Dawkins: I distinctly said to this gentleman, that we would
purchase the land, if GUTS (Grovites United to Us), wanted to develop it. I
never said, that you would purchase it and give it to him. I said not to give
it to him. I distinctively said that.
Mr. Odio: You are right.
Commissioner Dawkins: I distinctively said that.
Mr. Odio: You are right.
Commissioner Dawkins: And, yet, you bring back a recommendation to give it to
him.
Mr. Odio: No.
Commissioner Dawkins: Now, I look like I'm crazy...
Ms. Cuervo: No, no.
Mr. Odio: No, no, no.
Commissioner Dawkins: ...arguing with him. I'm looking like I don't want to
help him. I am looking like I hate him. All because I said once before.
And, then you guys make me say it again. That is ridiculous.
Mr. Odio: We are not ... We are not bringing it back to give it to them,
Commissioner.
Commissioner Dawkins: It's ridiculous.
Commissioner Plummer: Well, is it understood the other way. That we are
buying it to give it to GUTS. Is that understood?
Mr. Odio: No.
Commissioner Dawkins: We are buying it to give to the City of Miami.
Mr. Odio: We are buying it, and, then you decide later who to give it to.
Vice Mayor De Yurre: Now, now, may I ask, Miller, if I may, just a simple,
simple question. From what I am hearing we can be buying any piece of
property anywhere. Because, I have yet to hear the reason why this is
recommended for purchase. Is there a feasibility study as to how this is
going to be revamped and it's going to produce?
Commissioner Plummer: This is the cocaine distribution center.
Vice Mayor De Yurre: How it is going to help? I don't know anything about
this ...
Mr. Alexander: If I may, Mr. Vice Mayor.
Vice Mayor De Yurre: No, no, you may not.
76 July 8, 1993
Commissioner Alonso: Didn't we go over this item?
Commissioner Plummer: If we could rent that property to the cocaine
distributors, we'll make a fortune. Cause, this corner is nothing but.
Vice Mayor De Yurre: OK. J.L. let's hear Frank. What do we have?
Mr. Castaneda: They wanted, and they needed access to their property on Grand
Avenue.
Vice Mayor De Yurre: Who is they?
Mr. Alexander: The GUTS and the CDC.
Mr. Castaneda: GUTS. For the development of the Goombay Plaza or whatever it
is going to be called. And, the purpose of this building is that there is a
stretch of land between the apartment house and the other building that can
provide an access way to the rear parking lot, without intruding to the
residential area. And, that is the reason that GUTS came here. They cannot
support the debt load of half a million dollars. And, what they are saying
is, let the City buy it and give us that access way. What happens to the
residential property, whether you give it to GUTS or you give it to some other
company, or the City keeps it, that 1s another issue, Commissioners.
Commissioner Plummer: What about the taxes that we are losing?
Vice Mayor De Yurre: That's another issue.
Mr. Castaneda: Yeah, that's another. That will reduce your ...
Mr. Odio: Why don't I do ... I'll withdraw 10. Cause, we don't have an
agreement any way. We do not have an agreement with the owner to buy
anything.
Vice Mayor De Yurre: Do we have a feasibility study done already for the
Goombay Project?
Mr. Alexander: Mr. Vice Mayor...
Vice Mayor De Yurre: Hold it. Hold it a second. I know you are there.
Believe me.
Mr. Castaneda: They do not have a feasibility study. They are working with
the people from the Developers of Constructa, with Constructa in order to work
something out to find different means of developing the project. This project
has been around for seven years, and we have not been able to put it together.
Vice Mayor De Yurre: I know. But, the bottom line is that we keep spending
money. Acquiring property for something that we have no idea if it works or
not. Because, there is nothing to show us that this is a doable thing that is
ready to go.
Mr. Castaneda: That's correct.
77 July 8, 1993
Vice Mayor De Yurre: OK. Go ahead.
Mr. Alexander: Mr. Vice Mayor, Commissioner ...
Commissioner Plummer: Deep pockets.
Mr. Alexander: ... I think we are, we are getting a little bit confused
because the issues are muddled. And, I will like to clear it up for all of us
once and for all. In December you authorized a transfer of $238,000 to
Coconut Grove LDC in care of Frank Castaneda's office. To continue the
development of the Goombay Plaza project. If you recall, we, at that point
and time asked you to approve the acquisition of the property we are
discussing now. But, the City needed to have appraisals. That was in
December. An offer was made last month. And, the seller did not acquiesce to
the purchase price. So, we have no deal on the table. That was what item 10
was about. So, you already authorized in concept the acquisition and
development of this piece. We wanted to complete it. item 10, however, is
stated for you to approve $103,000 purchase. And, that was when the offer was
made. We expected the seller to accept it. He did not accept that. So, that
is why we asked that the item be tabled. Because, we have to discuss that
further with you. This property is crucial to the development of that
property site. Now, the reason that I am standing here on item 17, is that we
were requesting additional assistance from the housing department in terms of
financing our administrative cost. Because, if we do buy this piece of
property, we are buying a dilapidated, run down building with one unit burned
out. There are five apartments in the building and three stores. The
building is in really bad shape and it needs to be rehabed. And, it was our
understanding when the City Commission did approve the $238,000 in December,
that you approved it in order to give Coconut Grove LDC the ability to go
forward with the development of this project. Which as Frank says, it is
seven years old. So, now, we have a new element here that we did not
anticipate before. The City department told us, in no uncertain terms, that
if we use Federal money to acquire this property, that we would be responsible
for the relocation of the tenants if we were going to displace them. At that
point in time, we assured Frank's office and Ms. Cuervo's office that we would
not relocate tenants. But, we would rehab each individual apartment on a
single basis, since there is one vacancy, and move the tenants around in it.
That's why we are asking you for housing funding. The separate issue is, if
you do not purchase this piece of property or you do not allow us to have the
$103,000 that it is appraised at, I have no leverage to cut a deal on the
property for the acquisition on behalf of the project. And, if you don't do
that, then we are going to be back on the box. Because, we promised you, on
your request, that we would not encroach on Florida Avenue for the access and
egress. If not though, you approved it. We said we had a better way to
access the property. And, this is off of Grand Avenue. So, what you have is
three dilapidated stores and five apartments in a two story building, sitting
adjacent to the Tiki site.
Commissioner Plummer: But, that's across the street, David.
Mr. Alexander: No, sir. it's on the same side of the street and it's right
besides the M&M Beauty Box. And, if you look at it, it's a perfect solution
to the problems that we've all had.
78 July 8, 1993
Commissioner Dawkins: But, Mr. Vice Mayor. It is the same situation I just
got through arguing about, with housing or Cooperative. They got no money.
Mr. Alexander: We need some money.
Commissioner Dawkins: But, they come here, to the City of Miami, everyone
wants a handout, you know. And, it's ... And, they do nothing with it.
Commissioner Plummer: Deep pockets.
Commissioner Dawkins: You know. This is no different from the one that I
just went through. This gentleman wants you to buy land, give him land, pay
him money to relocate people in the land, off the land, or move them around in
the land. And, he has no -not -no money, see. And, the City of Miami has its
own ... What is your unit called Mr. Hepburn, Housing what?
Mr. Hepburn: Department of Development and Housing Conservation.
Commissioner Dawkins: We got our own housing conservation. They could take
this property and go with somebody and develop it and provide housing that is
necessary and needed.
Commissioner
Plummer:
No,
they can't.
Commissioner
Dawkins:
Why
not?
Commissioner Plummer: Look at the Saint Hugh's Oaks property. When are they
going to throw a shovel on that? Now, that is a fine idea. They are now, how
many years? No, excuse me, may I ask. How many years have we been working on
the shovel on St. Hugh's property? And, I forget when Mr. Bailey absolutely
promised beginning of summer that there was going to be some activity. So,
don't depend on this department. They spend a lot of money. But, they don't
do anything.
Commissioner Dawkins: Did the sewer moratorium have anything to do with the
not having the St. Hugh??
Commissioner Alonso: Oh, come on.
Commissioner Plummer: How many other ...
Commissioner Dawkins: I am asking Commissioner Plummer.
Commissioner Plummer: ...excuses we can ... You know, Mr. Bailey, is running
out of excuses.
Vice Mayor De Yurre: Hurricane Andrew. Hurricane Andrew.
Commissioner Dawkins: And, hurricane Andrew. Oh, come on.
Commissioner Plummer: Oh, I am sure...
Commissioner Dawkins: Give us a break.
79 July 8, 1993
Commissioner Plummer: Hurricane Clyde, over in Mexico. That's also affecting
St. Hugh's, too. That's ...
Commissioner Dawkins: Give us a break. Give us a break, man.
Vice Mayor De Yurre: OK, guys.
Commissioner Dawkins: OK, go ahead.
Commissioner Plummer: Incredible.
Commissioner Dawkins: All right, I am sorry. Go ahead.
Commissioner Plummer: Deep pockets.
Commissioner Alonso: Do ...
Mr. Alexander: Commissioner, I am sorry.
Commissioner Alonso: ... we defer this item?
Mr. Alexander: Well, I certainly would like to ...
Vice Mayor De Yurre: We have to approve the others.
Commissioner Dawkins: Yeah, we are not ...
Commissioner Alonso: Ten?
Commissioner Dawkins: ... he is only trying to get in on the approval.
Vice Mayor De Yurre: No, no, number 17.
Mr. Bailey: Seventeen we are dealing with.
Vice Mayor De Yurre: yeah, we are dealing with seventeen right now.
Commissioner Plummer: Who is the new ...
Commissioner Dawkins: And, he is trying to be ahead of it.
Commissioner Alonso: If we are in seventeen, I was thoroughly confused.
Because, all that I was listening to was item 10.
Commissioner Dawkins: OK, he wants to be added ...
Commissioner Alonso: So, now, we are back in seventeen.
Vice Mayor De Yurre: He made reference. He made reference to item 10.
Commissioner Alonso: Wonderful, so, 10 we will not take at this time.
80 July 8, 1993
Vice Mayor De Yurre: No, his issue with number ten is that he needs the
funding on 17 so that in case that 10 does happen, he can have money.
Mr. Alexander: And, we are asking for ...
Vice Mayor De Yurre: Where is the logic that I am hearing.
Mr. Alexander: Absolutely correct, Mr. Mayor.
Commissioner Plummer: In horse racing that is called if come in reverse.
Mr. Alexander: Well...
Commissioner Alonso: All right, so we are back to seventeen.
Mr. Alexander: So, we ask to be included.
Commissioner Plummer: Can I ask on 17? May I ask on 17, who is Model Housing
Cooperative Inc.?
Mr. Hepburn: It's a new group. that's headed by Roberto Godoy. He is
executive director.
Commissioner Plummer: Oh, wait a minute now. Now, we have a split and we are
doing both instead of one.
Mr. Hepburn: That's correct.
Commissioner Plummer: Are you crazy?
Commissioner Dawkins: That's right, they are.
Commissioner Plummer: Are you nuts?
Commissioner Dawkins: They are.
Commissioner Plummer: I mean, every time that we have a partnership that
splits into two that we start funding each one? You will not have my vote for
this. No way.
Commissioner Dawkins: Yeah, well no, no.
Commissioner Plummer: No, no, no. That's a disgrace. This is crazy!
Commissioner Dawkins: I will take the $40,000 and give it to the cooperative
people. I mean, they are doing something. But, as J.L. said, we just can't
let them pull out from the other group and we fund them, too. That's
ridiculous. OK, I'll like to know why it is necessary, somebody over there,
to give Greater Miami Neighborhoods a $100,000?
Commissioner Plummer: Yeah, who are they?
Commissioner Dawkins: That's why Mr. Rouse.
81 July 8, 1993
Commissioner Plummer: Who's Greater Miami Neighborhoods?
Commissioner Dawkins: Mr. Rouse.
Commissioner Plummer: Who?
Commissioner Dawkins: Mr. Rouse. Oh.
Mr. Hepburn: They are the enterprise. That's correct.
Commissioner Dawkins: Why is 1t that you must give them $100,000? When you
are only giving everybody else $40,000?
Commissioner Plummer: Fifty.
Mr. Hepburn: Because for the most part, Greater Miami Neighborhoods is the
organization that provides the technical assistance to all the nonprofit to do
housing. Because, many don't do how to do it.
Commissioner Dawkins: Wait a minute, now. Back up, wait a minute. Greater
Miami Neighborhood is a technical assistance for all of our housing agencies?
Mr. Bailey: Yes, St. John's ...
Commissioner Dawkins: All right, then take ten thousand dollars from each one
of them to pay for their technical assistance. How many do you got here? You
will be funding, eight?
Mr. Bailey: We are recommending nine at this point.
Commissioner Dawkins: Nine. If you reduce each one of them by ten thousand
dollars to pay them for their technical assistance, then you got the ninety -
you've got the hundred thousand.
Commissioner Plummer: What do you do with the hundred thousand recommended
for them?
Commissioner Dawkins: You put it back in the pot.
Commissioner Plummer: Can I ask a question. I mean, let me just pick on one.
Commissioner Dawkins: I mean. Walt a minute J.L., let me get through with
this first.
Commissioner Plummer: Oh, go ahead, go ahead.
Commissioner Dawkins: If they are providing technical assistance, and you are
giving this money to these individuals or organizations to build housing and
they don't have the expertise, they should purchase it. I mean, even if, I
don't know that is how I feel about it. Go ahead, J.L.
Commissioner Plummer: My question is ... Let me pick on one. Little Haiti
Housing Association. In this past year, how much housing did they provide?
82 July 8, 1993
Mr. Hepburn: I think that in the Little Haiti neighborhood, they have
acquired and rehabbed in vacant, foreclose, foreclosure properties, about
twelve during the last year. Or, either 1n the process of doing so.
l Commissioner Plummer: During the last year?
Mr. Hepburn: That is correct.
Commissioner Alonso: That's very good.
Commissioner Plummer: OK, that's great. How about, East Little Havana. What
did they do in the past year?
Mr. Hepburn: Well, last year, they built an eleven -unit town house project in
Little Havana, called Plaza Villas. And, they also build Rio Towers which is
82 units of elderly.
Commissioner Plummer: Then give me a bottom line of all of these money, which
is a half a million dollars. How many units do you feel were produced in the
past twelve months ...
Commissioner Alonso: Is this the one, nine and first.
Mr. Hepburn: That's correct.
Commissioner Alonso: That's beautiful.
Commissioner Plummer: How many units have come out of the half a million
dollars that we spent or have proposed to spend.
Mr. Hepburn: Actual CO (Certificate of Occupancy), or in the process of
construction?
Commissioner Plummer: People living under a roof.
Mr. Hepburn: I would say probably about 250 units.
Commissioner Plummer: OK, money well spent. Congratulations. Now, St.
Hugh's.
Mr. Hepburn: I am in the process of getting ...
Commissioner Plummer: You are in the process of losing your job, if you don't
do something.
Mr. Hepburn: It has been a problem with this water and sewer moratorium. I
am telling you.
Commissioner Plummer: You know, you come up with more damn excuses than
Carter's got pills.
Mr. Odio: I have to go to the ...
Commissioner Plummer: You give me everything but results.
83 July 8, 1993
Commissioner Alonso: Seriously, is this part going to be affected?
Mr. Odio: I had to go to the County to talk about the moratorium.
Commissioner Plummer: Well, when are you going to go?
Mr. Odio: I have. We have talked to the County.
Mr. Hepburn: All we need to do is now, get the agreement out of the Miami
Dade Water and Sewers„ have the manager sign it and we have an agreement. The
contractor can now go and pick pull the building permits.
Commissioner Alonso: It will be done.
Commissioner Plummer: Yeah. The only way to measure ability is in results.
You better not ask me to measure your ability. That lot is filthy. You don't
clean it. The fence is broken. People use it for a garbage dump. You used
It for debris gathering during the hurricane. And, yet, we turn with pride
what we do in Coconut Grove. You know why the people want to secede? Go look
at the property every day you drive by it.
Mr. Odio: They didn't want to secede. They lost the elections.
Commissioner Plummer: Just wait, they are coming again.
Vice Mayor De Yurre: OK. Moving right along, Mr. Bill Rios.
Mr. Bill Rios: Good Morning, Mr. Vice Mayor and Commissioners. The staff has
suggested that they may withhold funding from Wynwood because of a report
that's due to the criminal justice. We turned in that report today, to the
staff of the Manager, and would like to be enclosed in the recommendation now
that we have turned in the report.
Vice Mayor De Yurre: Mr. Odio.
Mr. Odio: Yes.
Vice Mayor De Yurre: Your response to Mr. Rios' comments.
Mr. Odio: Does he have a check for $350,000 that he wants to give us so that
we can repay the Tallahassee people, because he failed to give us the proper
paper work that we needed on time? If that is the way you are running your
operation, we do not need to fund you, sir.
Mr. Rios: I understand. Mr. Manager, I turned in the report to your staff.
Mr. Odio: We just got the report yesterday morning. They were due in
Tallahassee a month and a half ago, sir. And, we asked you for that everyday,
the Police department - are they here? The Police department asked you for it
and you did not deliver.
Mr. Rios: That's correct. I was involved in another project where I had to
respond to some other issues. We know what the project is. And, I was the
only person in position to reply to the criminal justice report.
84 July 8, 1993
Mr. Odio: Then you need to rehab your whole operation, if you are the only
one there to do the work, we don't need to fund you. We need to do something
else.
Mr. Rios: Well, I had asked last year for $100,000 funding so that I could•
have the staff to take care ...
Mr. Odio: No, I think that we would be throwing away $100,000. We are
throwing away $50,000 as it is.
Mr. Rios: We11, right now we are in a position were we are the only
organization that has gotten by the Water and Sewer. And, WASA (Water and
Sewer Authority) has given us permission for construction on the two sites
that we have. We've given the report, there is no $375,000 due from the
State. The report would satisfy the request from the State. And, you have it
now in your hands. And, I will like you to reconsider putting Wynwood back.
Commissioner Plummer: May I ask a question, Bill? I've been informed that
you have a new- excuse me,- that you have a new president of Chairman of the
Board?
Mr. Rios: Yes, sir, I do.
Commissioner Plummer: Was that Chairman elected by the new board?
Mr. Rios: Yes, sir.
Commissioner Plummer: All twelve members, is it? How many members?
Mr. Rios: No, sir. That election took place in March, before the request was
made.
Commissioner Dawkins: March?
Commissioner Plummer: Well, that's my point. How many members of the Board
voted on this new Chairman?
Mr. Rios: Six people, sir.
Commissioner Plummer: Six people voted?
Mr. Rios: Yes, sir.
Commissioner Plummer: Or six people are the present Board?
Mr. Rios: No, the total people that were voted in, as new Board members were
000
Commissioner Plummer: My question again, Bill, simple language. How many
people voted for this new Chairman to be the Chairman.
Mr. Rios: Six people.
85 July 8, 1993
Commissioner Plummer: I ... Yeah, I didn't think you had that many members
of the Board under the old category. The new Board is to be what?
Mr. Rios: Twelve.
Commissioner Plummer: Twelve, OK.
Mr. Odio: The old Board only had two or three people coming to the meetings.
Commissioner Plummer: That's my ... That was the point I was trying to make.
i
Mr. Rios: The Board had some vacancies that were filled, Commissioner.
Commissioner Plummer: Do we know who the vacancies were filled by?
Mr. Rios: Yes, sir, you do.
( Commissioner Plummer: Do you have that information?
1 Mr. Rios: Yes, sir, they do.
I
Mr. Castaneda: Have you accepted the five appointees by the City Commission?
Mr. Rios: That is not the question. Do you know the Board members? And, you
do. You have a list of those Board members.
Mr. Castaneda: I know four members of the Board.
Mr. Odio: Of the Board members that the City Commission appointed, you are
not accepting two. And, we are going to fight you over that, too. But, that
is another issue.
Commissioner Plummer: Wait a minute, wait a minute. Who are the two that
they would not accept? Because, this is the first time I am hearing about
this.
Mr. Odio: Emilio Lopes, ...
Commissioner Plummer: My appointment?
Mr. Odio: ... Yours.
Mr. Rios: Commissioner, I am not on the Board of Directors. I don't vote on
those issues.
Mr. Odio: No. But, you can take the message back.
Mr. Rios: I understand. I understand that. I would just like to... I
completed the report relative to the housing. And, I will like to be
included...
Commissioner Plummer: My question again. The woman who has been chosen, was
chosen by six members of the Board.
86 July 8, 1993
Mr. Rios: Yes, sir.
Commissioner Plummer: And voted upon.
Mr. Rios: Yes, sir.
Commissioner Plummer: And, the Administration does not know who the six
members of the Board are.
Mr. Rios: They have. And, I ...
Commissioner Plummer: Excuse me. Let them answer for themselves.
Mr. Odio: I wanted to put on the record. And, maybe you should go and get
the minutes.
Commissioner Plummer: Does the Administration know who the six members are?
Mr. Odio: No.
Mr. Castaneda: They are Nilsa of Velazquez, Gamaliel Rivera, the gentleman
that works for Barnett Bank...
Mr. Rios: Pablo Negron.
Mr. Castaneda: Pablo Negrin? Negroni.
Commissioner Dawkins: So, you don't know. So, you got to ask him.
Mr. Castaneda: Well, I am doing it from memory, Commissioner. And, the
Realtor individual...
Mr. Rios: Larry Mizrach.
Mr. Castaneda: Larry Misserack, and that is it.
Mr. Rios: No, there is a Ms. Marin and there is a Ms. Rodriguez, that are
from the community that are also on the Board.
Commissioner Dawkins: Where do they come from?
Mr. Rios: From the community. They were elected by ...
Mr. Castaneda: They were elected by whom?
Commissioner Dawkins: Let me ask a question, Mr. Vice Mayor? Let me ask a
question to the Manager. Mr. Manager, this Commission directed the Wynwood
Development Corporation to restructure itself and to add some members from
this Board. Is that a correct statement?
Commissioner Plummer: By this Commission.
Mr. Odio: Yes.
87 July 8, 1993
i
Mr. Castaneda: Yes, Commissioner.
Commissioner Dawkins: At that time, they had three members on the Board.
And, we suggested that they reorganize. Am I, is that correct?
Mr. Castaneda: Yes, sir.
Commissioner Dawkins: So, when they reorganized, they were supposed to have
included those members recommended by this Commission. Is that a correct
statement?
Mr. Odio: Yes, sir.
Commissioner Dawkins: So, whoever over there ... Whoever is over there, is
refusing to meet us half way and work cooperatively with us ...
Mr. Rios: That is not the case at.
Commissioner Dawkins: ... and establish a Board that members are from both
sectors. Is that a correct statement?
Mr. Odio: Yes, beyond that, you also instructed them that if they were going
to appoint someone, they would have to come to you and you would have to have
a final saying on whether you agree to that appointment or not.
Mr. Rios: No, that was not.
Mr. Odio: So if they appointed someone new...
Commissioner Dawkins: That is what I was getting ready to say. The total
Board, once selected, would have to be brought before this Commission ...
Mr. Odio: That's correct.
Commissioner Dawkins: ... and we accept all of the members.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Was that done?
Mr. Odio: No, sir. But, yet, the gentleman is going to stand there and tell
you that he is trying to cooperate with you?
Mr. Rios: Those things that you requested have all been accomplished. The
Board has been restructured.
Mr. Odio: Where are the names that you submitted to this Commission for their
final approval, on those people becoming members of the Board?
Mr. Rios: That you ... You have to consult your attorney. Because, we
cannot invalidate the balloting process. Those people were elected by members
of the community.
88 July 8, 1993
Mr. Odio: That is what I am saying, sir. You have to bring the names here so
that they can take a look at them. They are not saying that they are going to
invalidate any election or whatever.
Mr. Rios: Those names you know who they are.
Mr. Odio: You have not complied with what we requested.
Commissioner Dawkins: Don't let this gentleman back you in a corner. We
don't want to invalidate nothing. We are saying that we want to be a partner
in whatever is done.
Mr. Odio: That is correct, sir.
Commissioner Dawkins: We do not want a rubber stamp, or dictate to him, whom
or who he shall not put on the Board.
Mr. Odio: That is correct, sir.
Commissioner Plummer: Yeah, but wait a minute. I am concerned about the fact
that people that I recommend or members of this Board recommend, are being
turned down.
Mr. Rios: Commissioner, I need to address one issue.
Commissioner Plummer: I mean, you know, at the worst, cooperation is a two
way street. At best, I think this Commission should have some authority that
obviously I am hearing we don't have.
Mr. Rios: Commissioner...
Mr. Odio: You turned down ...
Commissioner Plummer: No, you know, Mr. Manager, I'll tell you where I am at,
OK. If you want to pull the application from Ed ... Let's just stop this
damn running around. I mean we are playing games here, Bill.
Mr. Rios: Commissioner, you have been misinformed. All of those things have
been complied with, what you requested. You are getting the run around.
Commissioner Plummer: You are damn right I am getting the run around. And, I
am sick and tired of it.
Mr. Rios: And, it is not from me. If you want to meet with me, I can show
you, categorically, that we have restructured the board. And, people on that
board have been provided to Community Development on several occasions. I
sent them a complete package to Karen with the names and numbers of the people
on the Board. She's got a package there.
Commissioner Plummer: But, Bill, the man says you got to submit the names and
we've got to approve them.
Mr. Rios: Excuse me?
89 July 8, 1993
Commissioner Plummer: They are telling us that you had to submit those names
to the Community Development. And, then we had to approve them, which you
didn't do.
Mr. Rios: Sir, we weren't aware that that was the case when you instructed to
us, originally, among your request, that you would make those approvals.
Commissioner Plummer: Bill, ...
Mr. Odio: See, that is your problem. Every time we request something from
YOU ...
Commissioner Plummer: ... you know ...
Mr. Rios: You are blaming ...
Vice Mayor De Yurre: Heyl Guysl Heyl J.L.
Mr. Rios: Commissioner, you are blaming me for something ...
Vice Mayor De Yurre: Let's move on. Let's move on. Let's move on.
Commissioner Plummer: There is no damn question in my mind that that Chairman
was chosen prior to our appointments and the three that you put in there to
make six, Bill.
Mr. Rios: Before you ever ...
Commissioner Plummer: Don't insult my intelligence, please.
Mr. Rios: I am not insulting you intelligence, Commissioner. That was done
before you had made your request.
Vice Mayor De Yurre: Guys, I am closing this argument here.
Commissioner Plummer: Bill, excuse me, Victor. Bill, we are either going to
be partners or you are going to go out the door. Just that simple, that's my
vote. We are not being partners today. You are thinking that you are going
to run a show without the City and we are going to fund it. Sir, those days
are over.
Mr. Rios: I apologize, Commissioner, if that is what you think that I am
doing. I don't operate in the Board of Directors.
Commissioner Dawkins: Move the agenda.
Mr. Rios: I don't make decisions on the Board of Directors.
Vice Mayor De Yurre: Bill, Bill, Bill, that is it for now. Do we have a
motion on 17?
Commissioner Dawkins: On 17, deleting, deleting ...
90 July 8, 1993
j Commissioner Plummer: Now, the only thing that I have a problem with 17 about
this Model Housing Cooperative.
Commissioner Dawkins: Just delete it.
Commissioner Plummer: What?
Commissioner Dawkins: Delete it, just like I am deleting the GMC, GMN.
Commissioner Plummer: Yeah, I delete that one.
Vice Mayor De Yurre: OK, anything else that we are deleting? This is like a
consent agenda of sorts. Anything else we are pulling out before we approve
it?
Commissioner Plummer: OK, I just can't see these people split up and then we
fund them all. I am scared, I see Georgia Jones out there with fire in her
eyes. I am scared to death. Let's go to lunch real quick like.
Vice Mayor De Yurre: What is the motion, J.L.?
Commissioner Plummer: My motion is to approve 17, exceptions being Wynwood
Development Community ...
Mr. Rios: Commissioner, the report has been in your hands.
Mr. Odio: You are out of order.
Commissioner Plummer: ... the Model Housing Cooperative, and Miller wanted
one pulled.
Commissioner Dawkins: GN ... Miami Greater Miami. Greater Miami
Neighborhood, or what?
Commissioner Plummer: Pulling those, with exceptions of those three, I move
Item 17, those 3 items to be deferred until a later date.
Commissioner Dawkins: Second.
Vice Mayor De Yurre: Call the roll, quickly, please.
91 July 8, 1993
I \,
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-417
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH SEVEN (7)
NEIGHBORHOOD BASED HOUSING COMMUNITY DEVELOPMENT
CORPORATIONS (ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY, CODEC, INC., LITTLE HAITI HOUSING
ASSOCIATION, EAST LITTLE HAVANA COMMUNITY DEVELOPMENT
CORPORATION, FLORIDA HOUSING COOPERATIVE, INC., ST.
JOHN COMMUNITY DEVELOPMENT CORPORATION,AND TACOLCY
ECONOMIC DEVELOPMENT CORPORATION), FOR THE PURPOSE OF
UNDERTAKING ACTIVITIES TO STIMULATE THE DEVELOPMENT OF
HOUSING AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES
AND INDIVIDUALS; FURTHER, ALLOCATING FUNDS THEREFOR
FROM NINETEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Commissioner Miriam Alonso
Mayor Xavier Suarez
COMMENTS MADE AFTER ROLL CALL:
Commissioner Dawkins: Now, with the GMN, I am saying that each ... they sign
a professional agreement, with each of those nine that you funded for $10,000
to give them money to do what they are doing.
Vice Mayor De Yurre: OK.
Bob Pollack: Commissioner Dawkins, can I speak to that issue, please?
Commissioner Plummer: Give it to St. Hugh's.
Mr. Pollack: My name is Bob Pollack, I am the Executive Director of Greater
Miami Neighborhoods. The only reason why I don't think that's a practical
solution is that I think that we play a different role than a community based
organization. Our role, is really to help those groups in packaging their
projects and bringing additional resources to the projects to insure their
completion and to leverage City funds. The CDC needs its own operating funds
92 July 8, 1993
at the neighborhood level to assure completion of the project. And, St. John
and Little Haiti are an excellent examples of that.
Commissioner Dawkins: OK, may I ask you a question?
Mr. Pollack: Yes.
Commissioner Dawkins: Greater Miami, does that mean all of Dade County?
Mr. Pollack: Yes, sir.
Commissioner Dawkins: All right. So that means, then, how much did you ask
Opa-locka for? How much did you ask Coral Gables for? How much did you ask
Miami Beach for? How much have you gotten from Hialeah and all the other
municipalities, since you are addressing the needs of the Greater Miami area,
which is Dade County?
Mr. Pollack: We have contracts with Metropolitan Dade County, for
approximately this year, seven hundred ...
Commissioner Dawkins: How much?
Mr. Pollack: For seven hundred thousand dollars.
Commissioner Dawkins: All right, what have you got from Coral Gables?
Mr. Pollack: We are funded by Dade County to work with Coconut Grove and the
Coral Gables target area.
Commissioner Dawkins: Well, we pay ... That is what I am saying. We pay Dade
County taxes. Everyone of us that lives in the City of Miami ...
Commissioner Plummer: Thirty one cents of every dollar they collect.
Commissioner Dawkins: ... if you you look on, is in Dade County. So, the
$700,000 that you are getting from Dade County, you are supposed to service
the citizens of Miami.
Commissioner Plummer: Just like the homeless. We got all the homeless and we
are expected to pay all of the price.
Commissioner Dawkins: I have no problem in sitting down with you, Mr. Bailey,
and Mr. Hepburn and work this out.
Mr. Pollack: OK.
Commissioner Dawkins: But, I just don't feel that I should take $100,000 from
monies, that we are supposed to be providing affordable housing in the City of
Miami and give to an agency that is servicing all of Dade County.
Mr. Pollack: We are also servicing the City of Miami.
Commissioner Dawkins: Beg your pardon?
93 July 8, 1993
Mr. Pollack: We also service the City of Miami.
Commissioner Dawkins: When I say all of Dade County, isn't the City of Miami
in Dade County?
Mr. Pollack: Yes, sir.
Commissioner Dawkins: So, if I say all of Dade County, wouldn't that include
Miami?
Mr. Pollack: There are separate entitlement programs. I'll be happy to sit
down with you and talk with you about them. But, they ...
Commissioner Dawkins: OK, no problem. Thank you. Go ahead.
Vice Mayor De Yurre: You all sit down. OK. Ma'am.
Commissioner Dawkins: Eighteen, OH, ...
Ms. Esther Mae Arbrister: I was trying to get in here under ...
Commissioner Dawkins: That's the lady who trained Georgia Jones.
Ms. Arbrister: I am not that old. But, I am working on it. Back to ...
Commissioner Plummer: Miller, you are playing with fire.
Ms. Arbrister: ... back to item 10.
Vice Mayor De Yurre: Yes, ma'am.
Ms. Arbrister: I have been standing here waiting ...
Commissioner Dawkins: Where is Commissioner Alonso? OK, go right ahead, Mrs.
Arbrister.
Ms. Arbrister: I know you are not paid a very high salary for what you do.
And, I know that you do not have all the time that you should do to see what
you should see. But, you don't see. I am talking about this parking lot for
the Tiki club or whatever, the GUTS, or whatever they want to call this
station. In the past four or five months, the NET (Neighborhood Enhancement
Teams) program has done a beautiful job ...
Commissioner Plummer: What item are you talking to, Esther?
Vice Mayor De Yurre: We are back on 10.
Ms. Arbrister: I am referring to 10.
Commissioner Plummer: It's withdrawn.
Vice Mayor De Yurre: But, she had a comment to make.
94 July 8, 1993
L,
Commissioner Dawkins: I don't know what it is. But, move it.
Mr. Cesar Odio (City Manager): You voted on 17.
Commissioner Plummer: What is 18? Seventeen we called the roll. Eighteen,
move it, I second it.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-418
A RESOLUTION ESTABLISHING AN OCCUPATIONAL LICENSE
EQUITY STUDY COMMISSION ("COMMISSION") FOR THE PURPOSE
OF RECOMMENDING CHANGES TO THE OCCUPATIONAL LICENSE
TAX RATES IN ACCORDANCE WITH SECTION 205, FLORIDA
STATUTES; FURTHER APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF SAID COMMISSION.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Commissioner Miriam Alonso
Mayor Xavier Suarez
----------------------------------------------- ----------------------------
24. AMEND BY-LAWS OF THE MIAMI COMMISSION ON THE STATUS OF WOMEN (MCSW) TO ALLOW SOLICITATION OF CONTRIBUTIONS AND FINANCIAL SUPPORT FROM OTHER
SOURCES, ETC.
Commissioner Dawkins: Why is 21 necessary, somebody, anybody?
Mr. Cesar Odio (City Manager): This is so that they can legally go out and
solicit contributions to their ...
Commissioner Dawkins: So, you have an agency of the City of Miami that is
going out and beg money in the name of City of Miami?
Mr. Odio: In the name,of the Miami Commission of the Status of Women, yes,
sir. That is why I brought it here, they would have to ...
96 July 8, 1993
Ms. Arbrister: But, you came up there and he came up and he ... OK. Sorry
about that little thing.
Commissioner Plummer: No, the item 15 withdrawn, I mean that's ...
Ms. Arbrister: Well, any way when it comes up again, in case I am not here,
you will remember what I said.
Commissioner Dawkins: That's right.
Commissioner Plummer: All right. I am sure you'll be here.
Ms. Arbrister: As I said before, the NET program has done a beautiful job
clearing Florida Avenue. I don't know whether you realize it or not, but, you
have some houses on Florida Avenue, built by the City of Miami. Where this
parking lot is supposed to be. You will have to have night lights and
security to protect the cars and the neighborhood. But, in the meantime, the
people cannot sleep at nights with all these lights glaring in their windows,
where you have allowed them to put the parking lot in a residential area. You
keep on doing the same thing over and over. Somebody come down here, who got
some authority, and, you get weak or somewhat, whatever happens. And, they
just get anything they want regardless of how other people suffer. So, when
you are start thinking of passing this finally, I want to you to think about
the money that you are putting on the houses on Florida Avenue, by the City,
and they range from $59,000 on up. Now, the people living there are getting
along fairly well, Because, as I said, the NET program has done a beautiful
job in clearing that particular area from drugs and some other things. So, I
want you to take a little time. If you need some extra money, and you need
for us to vote for it, we'll come down here and see that your salary is
increased so you that come out and ride around and see what needs to be done.
And, not take it from somebody else down the line. I know that you competent
people. But, seeing it for yourself, you get a better idea. Thank you.
Don't forget the parking lot and the light shining and your property, the City
of Miami. The people got to live.
Commissioner Dawkins: And, since it is your tax dollar, I'll ride you around
on the gas. Me and you ride together.
Ms. Arbrister: OK, and I'll see that you be reinstated for the money that you
are going to spend for the gas.
------------------------------------------------------------------------------
23. ESTABLISH AN OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION -- TO
RECOMMEND CHANGES TO OCCUPATIONAL LICENSE TAX RATES IN KEEPING WITH
STATE LAW.
------------------------------------------------------------------------------
Vice Mayor De Yurre: OK, item 18.
Commissioner Dawkins: Move it.
Commissioner Plummer: Well, wait.
95 July 8, 1993
Commissioner Dawkins: No, I just need, I mean I just need to ...
Mr. Odio: Yes, that's the reason.
Commissioner Dawkins: That's ... But, they are going to be sanctioned by
this Commission. I just don't want them out there saying that we are asking
for money for the Miami Commission on the Status of Women. And, then somebody
call somebody's office up here, and they say, oh, no we didn't authorize them
to do that. I need to know, right now, what they tell them that you are with
them or we are not with them. That's what I need. That's all I need to know.
Is 1t legal?
A. Quinn Jones III, Esq. (City Attorney): As long as this Commission
sanctions it.
Vice Mayor De Yurre: OK, and who controls the funding?
Mr. Odio: The Commission would. But, they would have to have an accounting
to the City.
Vice Mayor De Yurre: But, my concern is that if they are going to be acting
as part of the City of Miami, they are going to be looking to us, for whatever
happens with those funds that are donated.
Mr. Jones: What you can probably built in, is some sort of auditing or
accounting mechanism to report. Because quite frankly, I don't have any idea
what the funds are going to be used for or whatever. I think that you need to
know what they are going to be used for.
Bernadette Morris: If I may have an opportunity to speak on that. My name
is...
Commissioner Dawkins: Pull the mike to you please.
Ms. Morri s: My name is Bernadette Morris, I am chair of the City of Miami
Commission on the Status of Women. And, basically, this would serve really to
self support different programs that we would like to incorporate that may
require some fee, for example, a luncheon on women's issue or women's
studies. A person will pay whatever amount to attend that activity, solely
for that purpose would be for the usage of this.
Commissioner Dawkins: You lost me there. And, you want to know why you lost
me?
Ms. Morris: Why did I lose you?
Commissioner Dawkins: If you have a luncheon to discuss issues, the people
whom the issues are important to, would never get invited. That's the people
out of the drug den, on 62nd Street, the people, the prostitutes Overtown.
You will be raising money to pay for luncheon. But, it's going to be your
same little group, that you are going to pay for their lunches. Right or
wrong?
97 July 8, 1993
Ms. Morris: Not necessary, sir, to a degree. If we would have, let's say a
luncheon to discuss women's issue pertaining to health. And, we may in fact,
be able to get an inside work with college, work with an institution, to
actually facilitate this actual even and whatever minimal charge there is to
that. There may be some additional proceeds left over. We maybe -with those
additional proceeds -be able to then implement a program that would allow
certain things to happen for those people that you are speaking of
specifically. Also, if we write, let's say a grant. And, funding comes in to
allow us to do further studies to facilitate helping those types of people.
Commissioner Dawkins: We11, let me tell you what you w111 have to do for my
vote. You have to include them. You not "may" include them. You w111
include them.
Ms. Morris: No, we will definitely include them also.
Commissioner Dawkins: Now, I understand what you ... Now, bear with me to be
sure that you and I are on the same page.
Mr. Morris: OK.
Commissioner Dawkins: All you are saying is that for these seminars or work
shops, you need a place to hold them. You need coffee and danish, what have
you. You might be able to get Miami Dade to provide a facilitator. You get
Ira Clark to give you a health facility. But, you still need a place. So,
you want to raise money, to have money to get the place and whatever you want
in it. That's what we are saying.
Ms. Morris: Yes.
Commissioner Dawkins: Just don't include the other people I am talking about.
Vice Mayor De Yurre: OK.
Commissioner Dawkins: Didn't J.L. move it? I second it.
Vice Mayor De Yurre: OK, we have a motion and a second. Go ahead and call
the roll.
Commissioner Plummer: What item are you on?
Vice Mayor De Yurre: 21.
Commissioner Dawkins: On item 21. You moved it.
Commissioner Plummer: Status of women. Yes, I vote yes.
98 July 8, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-419
A RESOLUTION AMENDING THE BY-LAWS OF THE MIAMI
COMMISSION ON THE STATUS OF WOMEN (MCSW) TO ALLOW THE
MCSW TO SOLICIT CONTRIBUTIONS AND OFFICIAL SUPPORT
FROM OTHER SOURCES; TO CLARIFY THE DUTIES OF THE
FIRST AND SECOND VICE CHAIRPERSONS; TO DELETE THE USE
OF THE TERMS "TASK FORCE" AND "EXECUTIVE DIRECTOR",
RESPECTIVELY, AND SUBSTITUTE THEM WITH THE TERMS
"COMMITTEE" AND "COMMISSION COORDINATOR", WHEREVER
APPLICABLE; FURTHER, TO CHANGE THE ATTENDANCE POLICY
BY ELIMINATING THE POINT SYSTEM AND PROVIDING FOR A
MAXIMUM NUMBER OF PERMISSIBLE EXCUSED AND UNEXCUSED
ABSENCES.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Commissioner Miriam Alonso
Mayor Xavier Suarez
25. INCREASE COMPENSATION TO LAW OFFICES OF FINE, JACOBSON, ET AL., FOR
PROFESSIONAL SERVICES IN CONNECTION WITH CHAPTER 11 BANKRUPTCY
PROCEEDINGS FILED BY MIAMI CENTER ASSOCIATES, LTD.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Item 22.
DOTE FOR THE RECORD: Mayor Suarez entered the meeting
at 11:25 a.m.
Commissioner Plummer: You got to move this. But, tell me where are we with
this thing. And, what is the City's involvement. What do we stand to lose?
What do we stand to gain?
A. Quinn Jones III, Esq. (City Attorney): Of course, as you know, this
involves the Hyatt. MCA (Miami Center Associates) who is the developer of the
99 July 8, 1993
property, that we entered into an air rights tease with filed bankruptcy. The
mortgage holder on the property, of course, is AETNA. And, of course, they
are two separate actions. There's a foreclosure action in State Court and
then there is the bankruptcy proceedings in Federal Court. And, of course, it
is projected with the various appeals now, the status of it now is that MCA
has filed several reorganization plans. They filed Chapter 11 attempting to
reorganize their debts.
Mr. Cesar Odio (City Manager): Commissioner Plummer, what is at stake here is
that we are contesting that the lease is no longer valid.
Mr. Jones: Yeah.
Commissioner Plummer: And, as such, we are intending to take it back over.
Mr. Odio: And, believe me, ... Oh, I want the whole building back.
Mr. Jones: That's correct.
Commissioner Plum er: OK.
Mr. Jones: But, they are two separate proceedings. And, as you know, I don't
have, my office doesn't have the expertise in bankruptcy. And, that's crucial
to this ...
Commissioner Plummer: Are these monies coming out of your budget?
Mr. Odio: It's coming out of self insurance trust fund.
Commissioner Plummer: Why would it not come out of the legal department's
budget?
Mr. Jones: Because, I don't have funds budgeted for this.
Commissioner Plummer: Yeah, but, you see. That's one of the problem that
I've got. You go outside here is $45,000, here the next one is $60,000. Last
year, how much did we go out, almost three million dollars in outside counsel?
Mr. Jones: No, I don't know where you got that figure from. It was certainly
.. .
Commissioner Plummer: Well, OK. So, when we say we passed a budget for the
legal department, we are kidding ourselves.
Mr. Jones: Commissioner, you know as well as I do, that you cannot project
contingencies, or cases that are going to require a certain amount of
expertise. You just can't, you can't do it. I couldn't have sat here and
told you two years ago, or last year, that I was going to need ... that we
were going to get involved in a Bankruptcy proceeding and that I was going to
need bankruptcy counsel. That is a very specialized area and has to be dealt
with.
Commissioner Plummer: Mr. Jones, I understand fully what you are saying, sir.
But, somewhere along the line, our revenues are going down. Our revenues are
not going up.
100 July 8, 1993
Mr. Jones: Well, then what you should do then is increase my budget and let
me hire these experts in house. It will be much cheaper.
Commissioner Plummer: That won't increase my revenue. It'll decrease my
revenue.
Mr. Odio: Commissioner, I can assure you I have dealt in this case
personalty. And, the attorney that we have assigned here from the outside is
excellent and ...
Commissioner Plummer: Excuse me, that's not even in contention.
Mr. Odio: But, you are talking about revenues. If We can get that lease
changed, amended, or whatever, it is going to produce more revenues for us.
This is one unique opportunity that we have by being in bankruptcy it will
give us ...
Commissioner Plummer: Mr. Manager, I am hearing you. You are not hearing me.
Mr. Odio: Oh you are talking in generics.
Commissioner Plummer: We can't sit here and continue to spend money like
drunken sailors. And, tell people we don't have money. That we are poor.
Two and two is not making four around here. I don't ... The money has to
come from somewhere. Marty Fine is a great guy. But, he can't work for
nothing. How many lawyers you got in your department, now?
Mr. Jones: Twenty-three.
Commissioner Plummer: Twenty three lawyers. We got outside counsel for this.
We got outside counsel for that. And, we ...
Mr. Jones: Commissioner, I ... You are really painting a picture that you
know, that we are using totally outside counsel. I can count to you... If you
looked in my annual report, the first thing that I indicated was that we have
reduced the use of outside counsel. That was the whole purpose of, the whole
commitment ...
Mayor Suarez: You know what might be helpful, Mr. City Attorney? Each time
that you request outside counsel, you give a quick status report on how much
000
Commissioner Plummer: You know, here today alone is $110,000. Just on two
Items today.
Mr. Jones: Well, OK.
Commissioner Plummer: Hey, I guess we have no choice. Sorry to say that.
Commissioner Dawkins: Well, move it. If you move it, it moves it.
Commissioner Plummer: If I had a choice, I wouldn't. But, I have no choice.
I'll have to move it.
101 July 8, 1993
Commissioner Dawkins: I'll second it.
Mayor Suarez: Move. The motion is?
Commissioner Dawkins: Second, to approve it.
Mayor Suarez:• Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-420
A RESOLUTION INCREASING THE COMPENSATION TO THE LAW
OFFICES OF FINE, JACOBSON, SCHWARTZ, NASH, BLOCK AND
ENGLAND ("FINE JACOBSON") SERVING AS COUNSEL FOR THE
CITY OF MIAMI BEFORE THE UNITED STATES BANKRUPTCY
SOUTHERN DISTRICT OF FLORIDA, IN CONNECTION WITH THE
CHAPTER 11 BANKRUPTCY PROCEEDINGS FILED BY MIAMI
CENTER ASSOCIATES, LTD. ("MCA"), WITH THE FEE FOR SUCH
SERVICES NOT TO EXCEED AN ADDITIONAL $45,000;
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI'S
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 following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
26. INCREASE COMPENSATION TO LAW OFFICES OF FINE, JACOBSON, ET AL., FOR
PROFESSIONAL SERVICES IN CONNECTION WITH THE CASE OF PERRY L. ANDERSON)
JR. VS. CITY OF MIAMI, JORGE L. FERNANDEZ, AND A. QUINN JONES, III.
Commissioner Plummer: Now, the next item.
Mayor Suarez: Twenty three.
Commissioner Plummer: This is where Perry Anderson is still suing the City.
102 July 8, 1993
Mr. Cesar Odio (City Manager): Oh, yes.
A. Quinn Jones III, Esq. (City Attorney): He sued myself and my predecessor,
Jorge Fernandez, individually and in official capacity. And, the allegations
...
Commissioner Plummer: What is he suing for?
Mr. Jones: Well he is suing on the basis of my having violated his civil
rights.
Commissioner Dawkins: Hallelujah!
Mr. Jones: Racial discrimination on my part against him, for not providing
him legal counsel in various lawsuits in which he was named as in a defendant.
Commissioner Dawkins: Truth, right onl I'm against that.
Commissioner Plummer: Have you hired a lawyer to represent yourself?
Mr. Jones: This Commission approved it, sir.
Mr. Odio: Only a fool represents himself.
Mr. Odio: That I know. I read a book about that.
Commissioner Dawkins: You finished, J.L.?
Commissioner Plummer: I guess I am finished. I mean, you know, we are
talking about fools for clients.
Commissioner Dawkins: Let me ask my fellow Commissioners. Perry Anderson
came before this Commission and he requested a contract, for the lack a better
word. We gave him all kind of reasoning why he could not have a contract.
Why it was illegal and why it could not be done. So, therefore, this
Commission voted not to give Perry Anderson that that he sought. But, yet,
this Commission has given the City Manager the same package with the same
benefits and everything that Perry Anderson requested. You gave it to the
Manager. But, you turned it down for Perry Anderson. Now, somebody tell me
what is the difference?
Commissioner Plummer: Sir, I'll tell you from my standpoint what is the
difference. One is the boss and one is the employee. Second of all, there is
a difference in the fact, that we, the Commission, can dismiss the Manager.
We cannot dismiss a department head, whoever he may be. And, if we interfere,
we can be dismissed from our office. In my estimation, sir, there are two
major differences. So, one of the things that I was going to ask after this
was said and done, that the manager never, ever again, appoint anyone in the
unclassified section, who has not signed prior to that appointment. That they
fully understand that they serve at the whim of the Manager, as they are
chosen, they can be dismissed without cause or without recourse. I am just
giving you my standpoint.
103 July 8, 1993
Commissioner Dawkins: I said then, and I say now, there was a double
standard. You gave one one, and you didn't give it to the other one. And I
hope his lawyer is listening and calls me down to testify.
Mayor Suarez: This matter deals with certain lawsuits against the City, in
which, he insisted on having independent legal counsel and it was your advise
that he didn't require it. You were not recommending it. So, I have no
problem with the general thrust of the request, Mr. City Attorney. But, you
are asking for $60,000. Can we not go in increments of twenty-five and see if
we can't ... It is ... I happen to have some information on that lawsuit.
And, to me, it's the most ridiculous lawsuit that I have ever heard of.
Mr. Jones: Well, it is.
Mayor Suarez: And, I hope with $25,000 in legal fees, we can get you out of
it and former City Attorney.
Mr. Jones: If you want, what I had them do is basically- and I have to tell
you that they have done a fantastic job of keeping the cost down- I had them
project what it would cost through trial of this matter. Hopefully, we can
get out of a summary judgement. But, if it is your preference to do it in
increments.
Mayor Suarez: I would prefer that. And, I would recommend $25,000.
Commissioner Plummer: How much is he asking for?
Mr. Jones: I don't recall whether there is an exact dollar amount.
Commissioner Plummer: Approximately.
Mr. Jones: There is no exact dollar amount he is seeking.
Mayor Suarez: Doesn't some of it become moot over time as those lawsuits are
resolved?
Mr. Jones: Well, as a matter of fact, to date, at the time the lawsuit was
filed, I think there were perhaps five, six, lawsuits involving him as a
defendant.
Mayor Suarez: Involving him as a defendant.
Mr. Jones: Those have been concluded successfully. Since, I guess within the
last month, there have been, I think, two that were filed involving him. And,
I am sure, likewise, they are going to be concluded successfully. To be
honest with you, I feel...
Mayor Suarez: With time we are proving our case, as we go along, by getting
him out of these other lawsuits.
Mr. Jones: Yes.
Commissioner Plummer: Well, I guess the question I was asking was, is the
settlement less than what we are paying for lawyers?
104 July 8, 1993
Mayor Suarez: There is not a particular money request on this.
Mr. Jones: What he is basically asking the court ...
Mayor Suarez: Wants us to compel us to provide him with independent legal
counsel.
Mr. Jones: And, there of course, he has indicated his damage is basically
that his health has been impaired. He developed a case of out, stress,
whatever else.
Commissioner Plummer: Hell of a way to run an airline!
Mayor Suarez: Is any one of you, that worked for us, going to sue us for
developing a case of gout? Can we get them to sign in advance ...
Mr. Jones: Hair loss, hair loss, maybe. Yeah.
Mayor Suarez: That would be the last thing in the world, if we can sue for
hair toss around here.
Commissioner Plummer: Deep pockets.
Mayor Suarez: All right. I entertain a motion on this item up to $25,000.
Commissioner Plummer: We again have no choice.
Mayor Suarez: All right.
Commissioner Plummer: Deep pockets. Good old City.
Mayor Suarez: OK. So moved. Second, any discussion. If not, please call
the roll.
Mr. Manuel Gonzalez-Goenaga: Yes, may I have the ...
Mayor Suarez: Mr. Gonzalez-Goenaga, I think that we have made it clear to you
sir, that your time in the sun begins after 3:00 p.m. So, have a seat in the
meantime, sir. Have a seat, Mr. Gonzalez-Goenaga.
CwtiO ssioner Plummer: There must be some magnetism. He never asks to speak
until you got here, Mr. Mayor.
Mr. Gonzalez-Goenaga: No, the Vice Mayor was ... I spoke with the agenda
Item and this is resolution ...
Mayor Suarez: On the consent agenda we let you, because there is a procedure
for taking items out of order. But, these are internal items. So, please
have a seat, sir. All right, call the roll on the item.
Mr. Gonzalez-Goenaga: Thank you!
105 July 8, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-421
A RESOLUTION INCREASING THE COMPENSATION TO THE LAW
OFFICES OF FINE, JACOBSON, SCHWARTZ. NASH, BLOCK AND
ENGLAND ("FINE JACOBSON"), SERVING AS COUNSEL FOR THE
CITY OF MIAMI BEFORE THE UNITED STATES DISTRICT COURT,
IN CONNECTION WITH THE CASE OF PERRY L. ANDERSON, JR.
VS. CITY OF MIAMI, JORGE L. FERNANDEZ, AND A. QUINN
JONES, III, CASE NO. 92-04350CIV-GRAHAM, WITH THE FEE
FOR SUCH SERVICES NOT TO EXCEED $25,000; ALLOCATING
FUNDS THEREFOR FROM THE CITY OF MIAMI'S SELF-INSURANCE
TRUST FUND.
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
27. AUTHORIZE CITY ATTORNEY TO FILE AN OFFER OF JUDGMENT TO TARAFA
CONSTRUCTION, INC. IN DADE COUNTY CIRCUIT COURT [CASE NO. 90-49590
(22)].
------------------------------------------------------------------------------
Mayor Suarez: Yes, Item 24.
Commissioner Dawkins: Move it.
Commissioner Plummer: Second it, with discussion. Mr. Manager, is this the
item that I saw, that had 323 change orders. Is that the one that that's the
lawsuit over? Would somebody, please tell me, how in God's name, we can put
out a set of bids and have 323 change orders after the bids went out? Hello.
Again, Mr. Manager...
Mr. Cesar Odio (City Manager): Is this the item that has 323 ... I ...
Commissioner Plummer: That's what the attorney says. He thinks that it is.
Mr. Odio: I don't know.
Commissioner Plummer: How do you put out a bid and have 323 of that ...
106 July 8, 1993
Commissioner Dawkins: I move to defer this, until they answer J.L. question.
Commissioner Plummer: Second.
Mr. Odio: Fine.
Vice Mayor De Yurre: Go ahead call the roll.
[AT THIS POINT, THE CITY CLERK BEGINS ROLL CALL ON DEFERRAL OF ITEM 24.]
A. Quinn Jones III, Esq. (City Attorney): Commissioner Dawkins, I am sorry.
The reason I brought this up, is because this is scheduled to go to trial on
August. And, we do have another meeting. I apologize. For the twenty
second. No, we don't.
Commissioner Dawkins: OK, I withdraw my motion.
Mayor Suarez: What do we do with the roll call then?
Ms. Matty Hirai (City Clerk): The roll call had been on the deferral, Mr.
Mayor. And, Commissioner Dawkins is withdrawing his motion to defer.
Commissioner Plummer: Item 25.
Mayor Suarez: We pull back the roll call?
Ms. Hirai: To the prior motion, yes. Commissioner Plummer, this is your
approval of the item.
Commissioner Plummer: For what?
Ms. Hirai: The same item that we were trying to aerer, 44.
Commissioner Plummer: And, ...
Mayor Suarez: OK, are we not deferring 24? What is your motion on that,
Commissioner?
Commissioner Dawkins: I just ... He said he got to have a motion.
Commissioner Plummer: Motion to defer.
Mayor Suarez: No, but apparently, the City Attorney, is in ...
Mr. Jones: No, I need. I really would appreciate if you could, consider it
In this meeting. Because, I really need to move on it because it is scheduled
for trial beginning of next month.
Commissioner Plummer: OK.
Mr. Odio: I'll provide you the information.
Commissioner Plummer: You'll provide me the information.
107 July 8, 1993
Commissioner Dawkins: And, we are in recess in August. So, we don't have any
choice. J.L. moved, I second.
Mayor Suarez: Moved and second. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-422
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE AN
OFFER OF JUDGMENT TO PLAINTIFF, TARAFA CONSTRUCTION,
INC. IN THE DADE COUNTY CIRCUIT COURT, CASE NO.90-
49590(22), WITHOUT ANY ADMISSION OF LIABILITY, IN AN
AMOUNT NOT EXCEEDING $200,000.00, AND IF ACCEPTED,
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE
RESULTING JUDGMENT WITH FUNDS TO BE PROVIDED FROM THE
CITY OF MIAMI'S 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 following vote:
AYES:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
--------------- ----------- ----------- -----------------------------------------
28. ACCEPT PROPOSAL OF MERCY OUTPATIENT CENTER -- FOR FURNISHING (a) ANNUAL
PHYSICAL EXAMINATIONS AND HEPATITIS B IMMUNIZATIONS FOR POLICE AND FIRE
PERSONNEL, AND (b) EMPLOYMENT PHYSICAL EXAMINATIONS -- FOR DEPARTMENT OF
PERSONNEL MANAGEMENT -- EXECUTE CONTRACT.
------------------------------------------------------------------------------
Mayor Suarez: Yes, item 25.
Commissioner Plummer: For the record, Mr. City Attorney, I am a member of the
Board of Directors, without compensation of Mercy Outpatient Clinic, sir. Do
you recommend that I vote or I do not vote?
A. Quinn Jones III, Esq. (City Attorney): Well, you've expressed what you
perceived as possible conflict. But, I don't see any conflict that would
prohibit from voting.
108 July 8, 1993
Commissioner Plummer: Thank you.
Mayor Suarez: Entertain a motion on 25.
Vice Mayor De Yurre: Move.
Mayor Suarez: Moved.
Commissioner Dawkins: Second with the deletion that this go for one year
instead of three years. And, that they have an option of one year.
Mayor Suarez: That would be renewable at our option.
Commissioner Dawkins: Yes, sir, that's right, Mr. Mayor.
Mayor Suarez: And, same terms.
Commissioner Plummer: Excuse me, and, I don't know because I didn't deal on
this. Will they hold their price on that basis?
Commissioner Dawkins: No.
Commissioner Plummer: You better ask, that's all I am saying.
Maureen Mann: We have a representative here.
Commissioner Plummer: Yeah, Maureen is the administrator.
Commissioner Dawkins: But, Mr. Plummer ...
Commissioner Plummer: Excuse me, I am just asking for the record, Mr. ...
Commissioner Dawkins: OK, I am going to put something in the record, if you
let me. With Hillary Clinton's health care program, and with her efforts to
reduce health care in the United States of America ...
Commissioner Plummer: We are all going to go broke.
Commissioner Dawkins: You didn't go broke with Bush, I don't see how you are
going broke with Hillary. But, I'll take your word for it.
Commissioner Plummer: Just wait.
Commissioner Dawkins: OK. And, I am sure that if we get this through, all
health care is going to come down next year. So, there is a possibility that
this half a million dollars four hundred and forty-three thousand dollars,
will be reduced. There is a possibility that it will go up. But, it is a
possibility that I don't mind taking.
Commissioner Plummer: Don't hold your breath.
Mayor Suarez: If it's in our option, and, it goes down, then obviously, we
would have to adjust. It is our option to renew with the same terms,
obviously. Ma'am, you want to put your name in the record?
109 July 8, 1993
Maureen Mann: Yes, I am Maureen Mann, I am the administrator of the Mercy
Outpatient Center. And, we would consider reapplying in a year.
Mayor Suarez: Very good. Moved and seconded. Any discussion? if not,
please call the roll, with the modification that it's a one year renewal.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-423
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE PROPOSAL
OF MERCY OUTPATIENT CENTER FOR FURNISHING ANNUAL
PHYSICAL EXAMINATIONS AND HEPATITIS B IMMUNIZATIONS
FOR POLICE AND FIRE PERSONNEL AND EMPLOYMENT PHYSICAL
EXAMINATIONS FOR THE DEPARTMENT OF PERSONNEL
MANAGEMENT, ON A CONTRACT BASIS FOR ONE (1) YEAR,
RENEWABLE FOR AN ADDITIONAL ONE (1) YEAR PERIOD, AT
THE CITY'S OPTION, AT THE SAME PRICES, TERMS AND
CONDITIONS, AT A TOTAL PROPOSED COST OF $443,009.00
FOR THE FIRST YEAR; ALLOCATING FUNDS THEREFOR FROM
THE GENERAL OPERATING BUDGET OF THE DEPARTMENTS OF
POLICE, ACCOUNT CODE NO. 290201-260, FIRE RESCUE AND
INSPECTION SERVICES, ACCOUNT CODE NO. 280401-260 AND
PERSONNEL MANAGEMENT, ACCOUNT CODE NO. 270101-260;
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT,
IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID SERVICES.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
110 July 8, 1993
29. ACCEPT BID: P.M.S. ENTERPRISES, INC. -- FOR FURNISHING COMPUTERIZED
PHOTOGRAPHIC MINI -LAB, TO POLICE DEPARTMENT. (See label 76)
------------------------------------------------------------------------------
Mayor Suarez: Yes. Item 26.
Commissioner Dawkins: Here we go with our police department.
Commissioner Plummer: Deep pockets.
Commissioner Dawkins: This is the Police Department.
Lt. Joseph Longueira: Commissioners this is an item to purchase a
computerized photo mini lab.
Commissioner Dawkins: It has been moved and second. Unless, J.L. goes off
the deep end.
Commissioner Plummer: No, I am not going to go off the deep end. I mean, you
have money to throw away all the time, hell. That's ... Deep pockets.
Mayor Suarez: Under commissioner awareness program, Commissioner Plummer
recommends. Moved and seconded it. Any discussion? If not, please call the
roll.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-424
A RESOLUTION ACCEPTING THE BID OF P.M.S. ENTERPRISES,
INC. FOR THE FURNISHING OF A COMPUTERIZED PHOTOGRAPHIC
MINI -LAB TO THE DEPARTMENT OF POLICE AT A TOTAL
PROPOSED AMOUNT OF $63,402; ALLOCATING FUNDS
THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT
NO. 690001, INDEX CODE 029002-247, SUCH EXPENDITURES
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING
IN COMPLIANCE WITH SECTION 932.7055 OF THE FLORIDA
STATUTES; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
111 July 8, 1993
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
------------------------------------------------------- ----------------------
30. AUTHORIZE FUNDING OF YOUTH OF AMERICA (SPONSORED THROUGH MARTIN LUTHER
KING ECONOMIC DEVELOPMENT CORPORATION) -- ALLOCATE FUNDS FROM LAW
ENFORCEMENT TRUST FUND. (See label 33)
------------------------------------------------------------------------------
Mayor Suarez: Yes, item 27.
Vice Mayor De Yurre: Move it.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded.
Commissioner Plummer: What are you here on?
Mayor Suarez: Any discussion on item 27? If not, please call the roll.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-425
A RESOLUTION AUTHORIZING THE FUNDING OF YOUTH OF
AMERICA, SPONSORED THROUGH THE MARTIN LUTHER KING
ECONOMIC DEVELOPMENT CORPORATION, AND ALLOCATING FUNDS
THEREFOR, IN THE AMOUNT OF $43,405, FROM THE LAW
ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS BEING IN
I' COMPLIANCE WITH SECTION 932.7055 OF THE FLORIDA
1 STATUTES/
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
112 July 8, 1993
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
NOTE FOR THE RECORD: Although absent during roll
call, Commissioner Alonso requested of the Clerk to be
shown in agreement with the motion.
------------------------------------------------------------------------------
31. ADVANCE $25,000 TO GEORGIA AYERS' THE ALTERNATIVE PROGRAM, INC., AGAINST
A TOTAL OF $75,000 EARMARKED FOR SAID PROGRAM OUT OF NEXT YEAR'S LAW
ENFORCEMENT TRUST FUND.
------------------------------------------------------------------------------
Commissioner Plummer: Well, can I ask what Georgia ... What are you here
for?
Ms.Georgia Ayers: I am here, excuse me ...
Commissioner Dawkins: But, she loves to be down here.
Commissioner Plummer: The hell you say.
Ms. Ayers: Right now, I don't, because, I am a little annoyed. I am here
because... Good morning, gentlemen, my name is Georgia Ayers, Founder and
Executive Director of the Alternative Program, Inc. I have before you, or you
should have before you right now, a proposal that was given to this department
January 15, 1993, for the refunding of the Law Enforcement Trust Fund. I was
here several months ago, and, I was told that it had been approved and that I
could get my money. I have sitting here, some of the staff that has already
worked and there is no money on the Budget, I am told, to pay them. And, I
was told that this money had already been taken care of. But, when I called
the department, I was told that there is no money.
Mayor Suarez: Are they briefing the manager as we speak on this item. Is
this item before us?
Mr. Cesar Odio (City Manager): No, I know what happened. If you would put it
on the record.
113 July 8, 1993
Ms. Ayers: I already said, my name is Georgia Lee Thomas Jones Ayers. OK.
Mr. Odio: No, let him say something.
Mayor Suarez: No, Chief Warshaw.
Chief Don Warshaw: Mr. Mayor, at the last commission meeting, I think, the
Law Enforcement Trust Ordinance, the $955,000 had been pulled and that
represented about ten or twelve previously approved projects that go back to
January of this year.
Mayor Suarez: Including the Alternative Program?
Chief Warshaw: No, it doesn't. It goes back to the beginning of this year.
Mrs. Ayers program would be in the next tier and it is in the pipeline
somewhere, right now. But, we haven't even gotten ...
Mayor Suarez: OK. When is that ... When you say the next year, it would be
beginning October 1?
Mr. Odio: Will be approved.
Chief Warshaw: Beginning of next tier, I am sorry. In the next tier of
programs.
Mayor Suarez: Tiers, all right, I am sorry.
Mr. Odio: It wi 11 , ... I hope to have it in the Commission by the first
meeting of September. Is that what you are saying?
Chief Warshaw: Yes, that is correct.
Mayor Suarez: How about if we try by the last meeting of July? Can we try
that?
Mr. Odio: Well, we don't have any money. We don't have any money.
Mayor Suarez: Because in August, we are recessing.
Mr. Odio: But, we don't have any money.
Commissioner Dawkins: Mr. Mayor, I am the culprit.
Mayor Suarez: That is what I am saying. That is what I am saying. Yeah.
Commissioner Dawkins: I am the culprit. And, I don't know why they didn't
say Mrs. Ayers. Mrs. Ayers, I get tired of sitting up here and telling them
to do certain things with this money and they do what the hell they want to
do. I am fed up with that. They gave a hundred thousand dollars, a year
before last, to the Coconut Grove Playhouse. They told me that I could have
$100,000 to do things in Liberty City or what have you, OK. Now, last year
they gave another $100,000 to the Coconut Grove Playhouse. And, they promised
me another $100,000. No, they said we'll give you another $100,000, and, I
said no, no, no, you owe me two. Now, I got the people and the people wrote
114 July 8, 1993
proposals, ... Mr. Manager, I want you to hear this and Mrs. Jones, see,
because you all got Ms. Jones down here and then I will go back and tell Ms.
Jones, Miller Dawkins did this. And, she will have to know why I did it.
And, I did it. OK, all right. But, all of you listen, OK. Now, I had people
write proposals. I had people submit proposals. I had the Manager stand in
My office and give me his word that those proposals would be funded. Four
months ago, Mrs. Jones, Ms. Ayers, four months ago . They have not funded not
one of them.
Mr. Odio: No, sir.
Commissioner Dawkins: Now, now, they come up here ...
Mr. Odio: No, sir, we have funded all but one.
Commissioner Dawkins: No, sir, you haven't. That's what ... See Georgia?
Mr. Odio: I will like to show you that in writing.
Ms. Ayers: Well, let me say this for me. You all can sit here and argue and
fuss about other projects. I am here about the Alternative Programs.
Commissioner Dawkins: No, no.
Ms. Ayers: I know, but, I have, stand up, Joseph. He even plays ball with
the Mayor. He is working out there in Overtown with the kids. And, I can't
deal with what you are all talking about. When problems comes into the
Community, I am a bonus to you. Because, I don't make a damn dime out of the
City Of Miami, nor a dime out of Dade County. My salary comes out directly
from the State. I go ahead. I put together to benefit this community. When
anything happens, I heard you talking earlier about Dade County, I work all of
Dade County. And, I don't specify because the life I save may be mine. I
don't care about how you all argue with them about my program. But, when I
come with what I am doing, I am sincere. I am dedicated. And, I am a bonus
to you, because I don't make a dime out of the money that I come up here to
ask for.
Mayor Suarez: Mr. Manager, can we get a recommendation about the July 22,
meeting?
Ms. Ayers: I need my money. Pay day is tomorrow. These folks are working
and they will not get paid.
Commissioner Dawkins: Why he said that your money was funded till October.
That is what he said.
Ms. Ayers: I ...
Commissioner Dawkins: Wait a minute, Georgia. Wait a minute. Didn't you say
that the funding that she is talking about is next years funding?
Chief Warshaw: The funding that she is requesting now is next year's funding.
Correct.
115 July 8, 1993
Commissioner Dawkins: So, I don't see how we got your budget tied up, if this
is for next year's funding.
Ms. Ayers: Yes, you have. Because, why I haven't been getting money... You
are the one who is sitting there. Why isn't there the problem, this time, as
it was the year before.
Commissioner Dawkins: It is not a problem. He just told you that you don't
get your money till October.
Ms. Ayers: Well, Miller, when problems happen out there, I don't call you or
ask you when should I go. I jump into it right then. R-A-T, then. And, I
don't want ... What are you all talking about, the money is there, just ...
However you do it, you can do it. All you need is a stroke of a pen. So, I
can pay my people tomorrow.
Commissioner Dawkins: OK. But, how can you go over -budget, Georgia, and,
demand that I make up your budget?
Ms. Ayers: I did not go over budget.
Commissioner Dawkins: Well, Well, what ... Explain it to me.
Ms. Ayers: What I am asking for is just $5,000 more than what I got last
year.
Commissioner Dawkins: Oh, well, now, see, that is not what was said.
Ms. Ayers: That's a11. No, Miller, when I was here two months ago, I was
told ...
Commissioner Dawkins: You are going to get the $5,000. But, you are not
going to get it until October.
Ms. Ayers; That's crap. We have been working year round. Why is it
different than it was last year?
Mr. Odio: It is from year to year.
Ms. Ayers: No, it's not year to year. I got paid last year.
Mr. Odio: Year to year. Well, I listen ...
Mayor Suarez: Is it a request for supplementary funding?
Commissioner Alonso: When was she paid last year?
Ms. Ayers: Listen, let me tell you, you talking about aid and the young lady
is gone. But, she is a little older than me, Miller. You say she raised me,
taught me. I am a native Dade County. Born in the City of Miami. Just a few
blocks from where you live.
Mr. Odio: We can only fund her once a year.
116 July 8, 1993
Ms. Ayers: And, I have given up my life for this community. And, what I am
asking for is not for Georgia, I service the people and I provide jobs.
Commissioner Plummer: But, what are you asking for?
Ms. Ayers: I am asking for my fundings. However you do it. I need the
funding to pay the staff and continue the services.
Commissioner Plummer: Well, all right. The obvious is that the other new
funding is not coming through until October, that is the fiscal year. What do
you need to carry you over from this date to October 1?
Ms. Ayers: I can do with $25,000.
Commissioner Plummer: And, can we get that, Mr. Manager, from the Law
Enforcement Trust Fund? I so move.
Ms. Ayers: That's all I needed. Thank you, gentlemen.
Commissioner Dawkins: Georgia, I want you to understand ...
Ms. Ayers: But, I don't want stuff holding up my money here, Miller.
Commissioner Dawkins: ... wait a minute. I want you to understand. I am
voting no. Because, they have not funded my program. It has nothing to do
with you. OK. All right, I want you to understand that.
Ms. Ayers: Thank you, thank you. You deal with them. Leave Georgia out of
it.
Commissioner Dawkins: That's right. I got nothing to do with that.
Mayor Suarez: Let me clarify that the vote would be, that we will expect ...
You are advancing the money?
Mr. Odio: I guess is 75, right? It is not 25 and 75. It's 25 from the 75.
Mayor Suarez: Yeah, I can't ...
Commissioner Plummer: It's an advanced payment, of course.
Mayor Suarez: If it is a loan against anticipated LETF, or advanced against
anticipated LETF funds, yes. But, otherwise, ...
Commissioner Plummer: It's got to be.
Mayor Suarez: ... we don't have $25,000.
Ms. Ayers: Tell me before I leave here. When will I get ... Tell me exactly
what you are going to do.
Commissioner Plummer: We are going to give you $25,000 hopefully the first of
the week.
117 July 8, 1993
Mayor Suarez: We are discussing what we are going to do right now. Trying to
find the money. So, we can't tell you till ...
Commissioner Plummer: We are going to give you $259000, the first of the week
from the Law Enforcement Trust Fund.
Commissioner Dawkins: But, that won't help, if the people that got to be paid
tomorrow.
Commissioner Plummer: That is an advanced draw. What?
Commissioner Dawkins: You all have to cut a number one check, if those people
got to be paid tomorrow.
Commissioner Plummer: Well, if they can do it that quick. I am just trying,
so that she doesn't come back and say, you promised tomorrow. And, they don't
do it tomorrow. I am saying next week. All right.
Commissioner Dawkins: Wait a minute, wait a minute.
Commissioner Alonso: You anticipate the funding and then get refunded.
Mr. Odio: I have to get other CD (Community Development) funds. And, then
when the Law Enforcement Trust Fund appropriation is back, I can ... I can
... I'll take care of it.
Commissioner Dawkins: But, I am voting against it. But, Ms. Jones, Mrs.
Ayers, just told you that she need the money tomorrow.
Mr. Odio: We'll draw a number one check.
Commissioner Dawkins: OK.
Mayor Suarez: Let me once again clarify that this has to be, the resolution
has to be as an advanced against expected future LETF Funds. Otherwise, I
can't not vote for it. We don't have money in the budget for this. And...
Commissioner Plummer: Excuse me. This is not our budget. This is the Law
Enforcement Trust Fund.
Mayor Suarez: As long as the resolution states it is an advanced against the
LETF funds. Moved and seconded.
Commissioner Plummer: Well, you know I am only going to put in the record,
Mr. Mayor. When you stop and think, and you wonder how priorities are around
here. What is more important, this program or the float in the Orange Bowl
Parade. .
Mr. Odio: No, this is more important.
Commissioner Alonso: This is more important.
Commissioner Plummer: Sometimes I wonder.
118 July 8, 1993
yi5
e
Mr. Odio: Yes, but we are not asking for funding for the float.
Ms. Ayers: Thank you.
Mayor Suarez: OK.
Commissioner Plummer: Only half.
Mayor Suarez: Moved,,and seconded it with that understanding that it's more
important than the float, or whatever you called that thing. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-426
A RESOLUTION AUTHORIZING THE FUNDING OF THE
ALTERNATIVES PROGRAM, AND ALLOCATING FUNDS THEREFOR,
IN AN AMOUNT NOT TO EXCEED $25,000, FROM THE LAW
ENFORCEMENT TRUST FUND, SUBJECT TO SAID EXPENDITURES
BEING CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING
WITH FLORIDA STATE STATUE 932.7055.
(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 Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I am voting no. And, I voted no for the reason stated.
I have problems in there, and the Manager tell me that they are funded. And,
I know that they are not. And, I have serious problems with that.
119 July 8, 1993
-------------------------------------------- ---------- ------------------------
32. AMEND RESOLUTION 93-199 (WHICH AUTHORIZED MUTUAL AID AGREEMENTS BETWEEN
THE CITY AND CERTAIN MUNICIPALITIES, ON BEHALF OF POLICE DEPARTMENT);
THEREBY ALSO AUTHORIZING MUTUAL AID AGREEMENTS WITH MIAMI BEACH AND
CORAL GABLES.
Mayor Suarez: Yes, item 29. Recommendation.
Mr. Cesar Odio (City Manager): 28, Mr. Mayor.
Commissioner Plummer: 28.
Mayor Suarez: All right 28.
Commissioner Plummer: Move it.
Mayor Suarez: Twenty-eight has been moved.
Commissioner Alonso: Second.
Commissioner Dawkins: Second.
Mayor Suarez: Any discussion on 28? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-427
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 93-
199, ADOPTING MARCH 25,1993, RELATED TO THE
AUTHORIZATION TO ENTER INTO MUTUAL AID AGREEMENTS
BETWEEN THE CITY OF MIAMI AND CERTAIN MUNICIPALITIES
ON BEHALF OF THE CITY OF MIAMI POLICE DEPARTMENT
PURSUANT TO SECTION 23.1225(3), FLORIDA STATUTES
(1992), THEREBY AUTHORIZING THE MAYOR OR THE CITY
MANAGER TO ALSO ENTER INTO MUTUAL AID AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
MUNICIPALITIES OF MIAMI BEACH AND CORAL GABLES ON
BEHALF OF THE CITY OF MIAMI POLICE DEPARTMENT PURSUANT
TO THE HEREINABOVE CITED STATUTES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
120 July 8, 1993
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.
33. (Continued) DISCUSSION CONCERNING FUNDING REQUEST BY YOUTH OF AMERICA.
(See label 30)
Mayor Suarez: Yes, Item 29.
Mr. Cesar Odio (City Manager): No, no, Mr. Mayor. Wait, excuse me, Mr.
Mayor.
Mayor Suarez: Yes on 28.
Mr. Odio: I need a clarification on 27, where we passed the $23,405 for the
Martin Luther King Economic Development.
Commissioner Dawkins: Yes, you passed ...
Mr. Odio: I don't think that was voted on.
Mayor Suarez: OK, let's make sure that we've got that recorded. Why don't
you move it Commissioner Dawkins and ...
Commissioner Plummer: What Item are we moving now?
Mayor Suarez: Do you record a vote on 27?
Ms. Matty Hirai (City Clerk): Yes, sir, I did.
Mayor Suarez: OK.
Mr. Odio: And, in addition, Georgia Jones was ...
Ms. Hirai: Yes.
Commissioner Plummer: yes.
Commissioner Alonso: Yes.
121 July 8, 1993
Mayor Suarez: In item, ... That was a separate vote, Madam City Clerk?
Ms. Hirai: Yes. Yes.
34.
(A) RESCHEDULE FIRST AND SECOND COMMISSION MEETINGS IN SEPTEMBER TO
TAKE PLACE ON SEPTEMBER 7 AND 21, 1993.
(B) (Continued discussion) RESCHEDULE PUBLIC HEARING DATES IN
CONNECTION WITH CITY OF MIAMI FY 194 BUDGET TO TAKE PLACE ON SEPTEMBER
7 AND 21, 1993. (See label 18)
(C) (Continued discussion) RECONSIDER AGENDA ITEM 13, WHICH AUTHORIZED
ESTABLISHMENT OF PROPOSED MILLAGE RATE FOR THE DOWNTOWN DEVELOPMENT
DISTRICT (FOR FY 10/1/93 - 30/9/94).
(D) (Continued discussion) RESCHEDULE PUBLIC HEARINGS TO ALLOW DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) TO SET ESTABLISH PROPOSED MILLAGE RATE FOR
THE DOWNTOWN DEVELOPMENT DISTRICT FOR FY 194 TO TAKE PLACE ON SEPTEMBER
7 AND 21, 1993.
Mayor Suarez: OK. Item 29 then.
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor, while you were absent -
Excuse me you were absent this morning, we took up item 10, which was the DDA
millage. And, the commission set dates for the public hearing for September 9
and the 22nd. Since that passed- the tenth, I mean twenty-third- since the
vote on that, I have learned that we have a problem with the 9th in that the
County and the both the School Board have public hearings on those same days.
Mayor Suarez: Those same exact days.
Mr. Jones: So, that would violate the statue. Which means that we would have
to change the Commission meeting. It would either have to be the 7th or the
10th.
Mayor Suarez: Commissioner Plummer, how about the 7th and the 21st, is that
work, work out OK for you?
Commissioner Plummer: Make it the 7th.
Mayor Suarez: 21st...
Commissioner Alonso: That's for the ...
Mayor Suarez: Tuesdays instead of Thursdays in September.
Mr. Jones: The first, for the first ... Yeah.
Commissioner Alonso: All right.
Commissioner Plummer: Yeah, Uh, hearings.
122 July 8, 1993
Commissioner Alonso: ... OK, seven.
Commissioner Plummer: I move that the dates be changed to 7 and 21.
Mayor Suarez: OK. So moved. Any problem, if not, ... If there are any,
please let me know later, we can always reconsider.
Commissioner Alonso: Second.
Mr. Jones: What date is it?
Mayor Suarez: In the meantime, we can take roll call on that vote, on that
change of schedule.
Mr. Jones: Seven and the 21st?
Commissioner Plummer: yeah.
Commissioner Alonso: 7 and 21st instead of 9 and 23rd.
Commissioner Plummer: Right. Call the roll.
The following resolution and motion were introduced by Commissioner
Plummer, who moved their adoption:
RESOLUTION NO. 93-428
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
COMMISSION MEETING OF SEPTEMBER, 1993 TO TAKE PLACE ON
SEPTEMBER 7, 1993 AT 9:00 A.M.; FURTHER RESCHEDULING
THE SECOND REGULAR CITY COMMISSION MEETING OF
SEPTEMBER, 1993 TO TAKE PLACE ON SEPTEMBER 21, 1993 AT
9:00 A.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
MOTION NO. 93-428.1
A MOTION TO RESCHEDULE THE PUBLIC HEARING DATES IN
CONNECTION WITH THE FY '94 HEARINGS ON THE CITY OF
MIAMI'S BUDGET, THE FIRST HEARING TO TAKE PLACE ON
SEPTEMBER 7, 1993, AND THE SECOND HEARING TO BE HELD
ON SEPTEMBER 21, 1993 AFTER 5:00 P.M., RESPECTIVELY.
123 July 8, 1993
Upon being seconded by Commissioner Alonso, the resolution and motion
were 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.
Commissioner Plummer: I now, Mr. Mayor, move that the date for the DDA public
hearing be set on September the 7th. In compliance with the wall that is
holy.
Mr. Jones: And, and ...
Commissioner Plummer: And, the 21st. I am sorry.
Commissioner Alonso: Second.
Mr. Joel Maxwell (Assistant City Attorney): Move the reconsideration of 13.
Commissioner Plummer: You have to reconsider to change the dates? I am
sorry, I got to reconsider Item 13.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-429
A MOTION TO RECONSIDER ITEM 13 (WHICH ESTABLISHED A
PROPOSED MILLAGE RATE OF ONE-HALF MILL FOR THE
DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR
BEGINNING OCTOBER 1,1993, AND ENDING SEPTEMBER 30,
1994).
124 July 8, 1993
Upon being seconded by Commissioner Alonso, 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Plummer: I now move that the DDA (Downtown Development
Authority) public hearing for their millage be held on September 7th and 21.
Commissioner Alonso: And, I second it.
Mayor Suarez: So, moved and seconded. Any discussion? If not please call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-430
A RESOLUTION AUTHORIZING THE DOWNTOWN DEVELOPMENT
AUTHORITY ("DDA") TO ESTABLISH A PROPOSED MILLAGE RATE
OF ONE-HALF (112) MILL FOR THE DOWNTOWN DEVELOPMENT
DISTRICT OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1993, AND ENDING SEPTEMBER
30, 1994; AND AUTHORIZING AND DIRECTING COMMUNICATION
OF SAID PROPOSED MILLAGE RATE TO THE DADE COUNTY TAX
COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF
THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL
CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA
TENTATIVE BUDGET FOR SAID FISCAL YEAR.
(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.
125 July 8, 1993
-------------------------------------------------------------•-----------------
,.
35. ACCEPT BID: BENSON ELECTRIC, INC. -- FOR DORSEY PARK REHABILITATION -
SPORT LIGHTING - PHASE I (SECOND BIDDING) 8-6201-C (CIP 331357) --
EXECUTE CONTRACT.
------------------------------------------------------------------------------
Mayor Suarez: Item 29.
Commissioner Alonso: Could you explain this?
Commissioner Dawkins: Move it.
Commissioner Plummer: 29?
Mr. Odio: This is to rehab the Dorsey Park lighting.
Commissioner Alonso: Yes, but I have some questions. Couldn't you find a
City of Miami company for this?
Mr. Jim Kay: Well, we had only one bid that came in on this job. And, that
000
Commissioner Alonso: Only one?
Mr. Kay: Only one bid came in.
Commissioner Alonso: Second, I think that Commissioner Dawkins moved.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-431
A RESOLUTION ACCEPTING THE BID OF BENSON ELECTRIC,
INC., IN THE PROPOSED AMOUNT NOT TO EXCEED $12,700.00.
TOTAL BID OF THE PROPOSAL, FOR THE DORSEY PARK
REHABILITATION - SPORT LIGHTING - PHASE I, (SECOND
BIDDING) B-6201-C; WITH MONIES THEREFOR ALLOCATED FROM
THE FISCAL YEAR 1991-92 CAPITAL IMPROVEMENT ORDINANCE
NO. 109389 PROJECT NO. 331357, IN THE AMOUNT OF
$12,700.009 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $15,250.00; 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.)
126 July 8, 1993
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.
36. (A) ACCEPT BID: MET CONSTRUCTION, INC. -- FOR BAYFRONT PARK
REDEVELOPMENT - SOUTH END PHASE I PROJECT 8-2987 (CIP 331305) -- EXECUTE
CONTRACT.
(B) DISCUSSION CONCERNING THE NEED TO REPLACE THE KEYSTONE AROUND THE
MILDRED AND CLAUDE PEPPER FOUNTAIN IN BAYFRONT PARK.
------------------------------------------------------------------------------
Mayor Suarez: Item 30.
Commissioner Plummer: Mr. Mayor, this is to complete the south end of the
park, from the Bayfront Park Trust. This is an amount that went out to bid.
It is within the scope of the monies which we have in trust for this amount.
Mr. Cesar Odio (City Manager): Eight hundred thousand.
Commissioner Plummer: And, it's eight hundred thousand. Well, Mr. Manager,
you look at $800,000. But, I want to recall to your memory, sir...
Mr. Odio: There is $66,000 for windows.
Commissioner Plummer: I want to recall to your memory, that before you stole
from this account, the State of Florida allocated a million and a half
dollars.
Mr. Odio: Commissioner, I was only kidding.
Commissioner Plummer: But, you kept nibbling away at it, to where we only
have $900,000 left.
Mr. Odio: I wanted to remind you ...
Commissioner Plummer: And, because of that reason, we have had to cut scope
to help you provide for other things that you felt were necessary.
Mr. Odio: Absolutely right, on a big deficit producer.
Mayor Suarez: OK, on item 30, anything from the Commission? If not, have you
moved it?
127 July 8, 1993
s
Commissioner Plummer: Excuse me, does everybody have the name of the company
and the amount?
Mr. Wally Lee (Assistant City Manager): MET construction, the base bid on
items 1 through 21 was $812,779.00.
Commissioner Dawkins: And, administrative cost?
Mr. Lee: Not included in this.
Commissioner Dawkins: No. What is it?
Commissioner Alonso: And, this is ...
Commissioner Dawkins: What is it? You got to add to it. The City of Miami
is going to pay itself how much to administer this.
Commissioner Plummer: There is an administrator cost in there.
Mr. Lee: There is no administrator cost here. We had an outside architect
that was paid, approximately $60,000, Commissioner.
Commissioner Plummer: Mr. Grafton's son did it free.
Commissioner Dawkins: OK, hold it ...
Commissioner Alonso: Could you describe the ...
Commissioner Dawkins: ... hold it. You got the resolution in front of you?
Mr. Lee: The resolution for the award. I'll be glad to dig out the one that
Commissioner Dawkins: For the acceptance of bid. Who's got that one in front
of them?
Mr. Lee: That is what you have, sir.
Commissioner Plummer: What 1s it you need?
Commissioner Alonso: Where would the $800,000 ...
Commissioner Dawkins: 30, item 30.
Commissioner Plummer: What is it you need to know, Miller. I have it here.
Commissioner Dawkins: I need to know accepting the bid of how much?
Mr. Lee: $812,000.
Mayor Suarez: Fellows, you are cutting off Commissioner Alonso who is being
trying to inquire. So, why don't we go one by one.
128 July 8, 1993
Commissioner Alonso: No, no, no, that's OK.
Commissioner Dawkins: Go ahead, Commissioner Alonso.
Commissioner Alonso: I'll go after him. It's OK. He is asking some of my
questions. So, I am delighted.
Mayor Suarez: OK.
Mr. Lee: The bid is $812,779.00, Commissioner.
Commissioner Plummer: That's right.
Commissioner Dawkins: Right, amount of the total bid and the proposed amount
of $812 ... That is the total bid?
Mr. Lee: $812,779, yes, sir.
Commissioner Dawkins: Now, come down to the next line in the amount of to
cover the contract cost. How much is that?
Commissioner Alonso: Wouldn't it be easier to give us copies of the material?
Is not in the ... It's incomplete in the package.
Mr. Lee: Yes, Commissioner. This was bid, you might know, this was bid after
the agenda was sent to you. However, yesterday afternoon, we supplied all the
details. And, we will be glad to make you copies, we'll supply it to your
office.
Commissioner Alonso: Well, I don't have it.
Mr. Lee: OK.
Commissioner Alonso: So, it probably arrived very late to my office and it is
not in my package.
Commissioner Dawkins: OK.
Commissioner Plummer: Simply I was told by the Board, that if this didn't get
i on the agenda, they were going to roast me in oil.
Commissioner Dawkins: Then kill it. Kill the board, kill it.
Mr. Odio: Withdrawing the item from the agenda.
Commissioner Dawkins: Immediately. Never discussed.
Commissioner Alonso: Will you tell me a little bit about the scope of this...
Commissioner Dawkins: On this, Mr. Wally Lee, it says, construction,
inspection, and management, $50,000.00, added to $812,779. You got $30,000
added for testing and estimating. Giving me a grand total of $892,779.00.
Yet, you tell me that $812,779 is the total cost. That's not the total cost,
sir.
129 July 8, 1993
Mr. Lee: Commissioner, that was two years ago, it was asked by this
Commission, what would it cost the City to administer the job. And, what
would it cost the City to have it designed, the cost by the architect. And,
that is what was provided to you at that time.
Commissioner Dawkins: What are we discussing here now?
Mr. Lee: The bids, sir.
Mr. Odio: The $812,000.
Commissioner Plummer: The $812 ...
Mr. Lee: The contract. To award a contract for $812,000.
Commissioner Dawkins: Is that the total cost? That is all I am asking.
Mr. Lee: Yes, sir.
Mr. Odio: That would be ... That would cover the rebuilding of that section.
Commissioner Plummer: Well, and, fully understand, Dawkins. That that is
greatly scaled down from what the original design was. Because, of the money
being taken away from that fund of almost $700,000.00. I hope Jack Gordon
doesn't have a heart attack.
Mr. Lee: Commissioner, it does ...
Commissioner Alonso: I was going to say that ...
Mr. Lee: Phase one does include the stage. Which was our personal commitment
to Senator Gordon.
Commissioner Alonso: ... and, you have the entire ... You have the
funding...
Mr. Lee: Yes.
Commissioner Alonso: ...for this project?
Mr. Lee: Yes, Commissioner, for this phase.
Commissioner Plummer: Well, excuse me. Don't ... Woal Woal For what it is
proposed there, Commissioner. You look at the bottom two lines, it does not
include the irrigation, and there is one other item that it doesn't include.
Down at the bottom. The cable, troth, and irrigation is it? Those are not
included in the $812. We ran out of money. We simply had to ... I told
them, that absolutely, they had to live within their means of the moneys that
we had. And, the irrigation was one of the things that had to go. And,
that's all I can tell you. I am going to be talking to you all about the
budget for the park. And, possibly reducing the number of people. Just to
give you an idea. Mr. Mayor, we are having to pay $17,000 this year, for -
what do they call that insurance for members of the Board?
130 July 8, 1993
Mr. Odio: It's a deficit ... I mean, I tell you, it is incredible how much
deficit we have.
Commissioner Plummer: I want to tell you. We need to cut it down.
Mayor Suarez: OK, so the motion then is to approve the item as placed before
us, right.
Commissioner Plummer: For the $812,377.
Mr. Lee: Seven, Seventy-nine.
Mr. Odio: What a way to run an airline!
Mayor Suarez: Moved and seconded it.
Commissioner Plummer: You bet your bippyl After you steal all of the money,
we are lucky to have anything.
Mayor Suarez: Is it moved and second it?
Commissioner Plummer: Yes, sir.
Mayor Suarez: Do we have a second?
Commissioner Dawkins: Second.
Mayor Suarez: Second. Call the roll in.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-432
A RESOLUTION ACCEPTING THE BID OF MET CONSTRUCTION,
INC., IN THE PROPOSED AMOUNT NOT TO EXCEED
$812,779.00, TOTAL BID OF THE PROPOSAL, FOR BAYFRONT
PARK REDEVELOPMENT - SOUTH END - PHASE I PROJECT;
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT
PROJECT NO. 331305, AS APPROVED BY ORDINANCE NO.
10938, AS AMENDED, IN THE AMOUNT OF $812,779.00 TO
COVER THE CONTRACT COSTS AND $80,000.00 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$892,779.00; 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.)
131 July 8, 1993
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
` NOES: Commissioner Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: In spite of this thief that sits to my left, the answer
Is yes.
Commissioner Alonso: I will have to vote against it.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: When are we going to fix the area around the fountain there?
Commissioner Plummer: What are you talking about, Mr. Mayor?
Mayor Suarez: The stone.
Commissioner Plummer: The stone?
Mayor Suarez: Apparently, that was not the right material to use, given the
Commissioner Plummer:
mm r. What was wrong with the stone.
Mr. Lee: I believe you are referring to the keystone...
Commissioner Alonso: Because, as the Mayor says, it is not the right
material.
Mayor Suarez: It has crevices.
Mr. Lee: ...on the walkway, the pathway, around the fountain.
Commissioner Plummer: Yeah, what is wrong with it?
Mr. Lee: It has been wearing pretty heavily.
Mayor Suarez: J.L., sometimes you can stick your whole foot into it.
Mr. Odio: The original design for that was marble.
Commissioner Plummer: I will have to go and look at it.
132 July 8, 1993
Mayor Suarez: Yeah, actually, ... I don't want to refer to my esteemed
predecessor. But, he told me, when I was elected, that there was a fine
Spanish company that was going to donate all of this- What kind of marble was
it?
Mr. Odio: It was from Seville, Spain. I am telling you.
Mayor Suarez: And, turned out the company wanted to do the entire
construction of the park. And, wanted to be guaranteed that if they donated
this marble, of course, we couldn't assure them of that. So... Not to
mention that the leanings of the mayor of the City in question, were not
exactly along the philosophical lines of most of this community. The whole
thing ended up being a big fiasco.
Commissioner Plummer: Mr. Mayor, what ...
Mayor Suarez: What kind of stone did we use? That is the strangest kind of
stone.
Mr. Odio: It's a softer stone.
Mr. Lee: It's lime rock.
Mr. Odio: It's lime rock.
Commissioner Alonso: But, we were supposed to do something on top of that,
right.
Mayor Suarez: No, it is softer, all right.
Mr. Odio: That's why limerock will wear.
Commissioner Plummer: Oh, yeah, oh, but, Commissioner...
Commissioner Alonso: But, something is missing? Why does it look so bad?
Mr. Lee: No.
Commissioner Plummer: Commissioner, we had ...
Commissioner Alonso: Like incomplete.
Commissioner Plummer: Just for your edification, we had to cut out almost a
million -six out of the fountain.
Mayor Suarez: But, we've got to solve the problem of the stone. Do we have
any solutions for it? Commissioner Alonso and I, and I some of the other
ones, I am sure, have walked by there and just about fallen in the holes.
Mr. Lee: It is something ...
Commissioner Alonso: I know.
133 July 8, 1993
Mr. Lee: Mayor, I agree with you, and, Commissioners. It has to be
addressed. And, we'll be more than glad to attack the problem right now.
Commissioner Alonso: You are aware of the damage?
Mr. Lee: Yes, I am, ma'am.
Commissioner Alonso: It is dangerous.
Mr. Odio: That's what land rock will do. We ...
Mr. Lee: It is a very soft material.
Commissioner Plummer: Also, Mr. Mayor, I am happy to announce to you, that
the total and complete funding for the Challenger is now intact. And, I think
that we are looking towards November to have it totally and completed with the
donation by Miss. Curry. There will be a completed Challenger Memorial by
November of this year.
Mayor Suarez: And, the flower bed and the landscaping will be in perpetuity
guaranteed by the Curry donation.
Commissioner Plummer: $70,000 donation.
Commissioner Alonso: You know what it has been sad about this park? That 1t
has to be turned into something so commercial. Because, of how expensive it
was. The entire process and the maintenance on the property. That it has
become such a commercial thing. Rather than for the citizens to use, it has
to be charged very high prices for you to be able to maintain the park. And,
it is almost ridiculous. And, it doesn't make sense. To be a park that the
citizens of Miami. After all, so much of their taxpayers' money went into
this park. And, still 1t is not the place that they can really enjoy. It has
to be rented out at such high prices in order to get enough money to maintain
the property. It is incredible.
Commissioner Plummer: The problem if you have, if you don't do that, is that
you are looking at a flip -flap of Bicentennial. And, you have to maintain it.
Commissioner Alonso: I am aware of that. But, it is sad.
Commissioner Plummer: We are possibly, Madam Commissioner, going to be coming
to you, in the near future, about the trust taking over and operating
Bicentennial, as well as, Bayfront Park. Where we can take it and transfer
some of the commercialism over to Bicentennial and free up Bayfront Park for
more leisure kind of activities. The problem right now with Bayfront Park is
the fact that we allow a seating maximum to be, put on us of 4,500.
Mr. Odio: Four thousand.
Commissioner Plummer: Four thousand. We can have the best event of the
world, but, we can not sell tickets of more than 4,000. That's our problem.
Mayor Suarez: Well, but, what she was saying was really a little different.
I mean, the whole idea, would have been to have it be more community oriented.
134 July 8, 1993
In which case, if we hadn't spent so much money on the park. If we would done
a much lower rate. And, I say that cautiously.
Commissioner Plummer: Thirty million dollars.
Mayor Suarez: Because, lower grade would have meant just more green spaces.
And, more of what was there before. And, less concrete, and less highfalutin
Noguchi designs, I think that we would have had a better park. And, it would
have been ...
Commissioner Alonso: It is such a beautiful location.
Commissioner Dawkins: Had you been here, Mr. Mayor, we would have never
pushed the library down.
Commissioner Plummer: Like Joe said, "Put the lanterns around." What time
are we coming back?
Mayor Suarez: How do you want to make it?
Mr. Odio: You have ...
Commissioner Plummer: We have a thing at the Arena, that I think most of us
are all going to. I would prefer that we come back at 3:00 p.m.
Vice Mayor De Yurre: We covered most of the morning. We are way ahead of the
program. We can come back at three.
Commissioner Plummer: Let's come back at three.
Mayor Suarez: OK, is that your preference?
Mr. Odio: There is no ... What is left in the agenda is ...
Mayor Suarez: We can also come back a little earlier. And, try to get out
earlier.
Commissioner Plummer: Yeah, but, that thing starts at 12:30 down there.
Mayor Suarez: Three o'clock, we adjourn until then.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:05 P.M. AND RECONVENED AT 3:10 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT.
Mayor Suarez: I don't know what you were doing. But, ladies and gentlemen,
we are back in session. Please call the order of the day. Which I believe is
Item 32.
Mr. Odio: This is Commissioner De Yurre's appointment to the Affirmative
Action Advisory Board.
Commissioner Plummer: Well, he is not here, so move on.
135 July 8, 1993
Mr. Odio: The incumbent was...
Vice Mayor De Yurre: I'm here.
Commissioner Plummer: Oh, OK. Stand up. Will someone give him a soap box,
please.
Mayor Suarez: OK. On Item 32, do we have a nomination. Commissioner De
Yurre, I see here that Ms. Pierce term expired January 10, 1993.
Vice Mayor De Yurre: She never got going. I appointed her and she move to
Tallahassee.
Mayor Suarez: All right. OK. Do you have an appointment? If not we go to
item 33.
Commissioner Plummer: Any body else you want to get rid off? She lived it
the City. Yeah, in the city of Tallahassee.
NOTE FOR THE RECORD: At this point, agenda Item 32
was deferred.
37. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO
APPOINT INDIVIDUALS) TO SERVE ON THE ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY'S BOARD OF DIRECTORS. (See label 49)
Mayor Suarez: All right, Item 33. Allapattah Business Development Authority.
Commissioner Plummer: Whose is that?
Mayor Suarez: Do we have any nominations?
Commissioner Alonso: We have to appoint City people, right? City ...
Commissioner Plummer: That's is what it says here. Yeah.
Commissioner Alonso: Ah, I will have one.
Commissioner Plummer: I don't have mine, yet.
Mayor Suarez: Commissioner Alonso, you want to put your name in nomination?
Commissioner Alonso: No, I will have it later on. Because, they are checking
with the person.
Mayor Suarez: OK. And, as to any others, we can do the same thing.
Commissioner Plummer: Move it over to the next meeting.
136 July 8,1993
Commissioner Alonso: Yes. OK.
[THEREUPON ITEM 33 WAS DEFERRED.]
------ -------------------- ----------------------------------------------------
38. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO APPOINT /
REAPPOINT INDIVIDUALS) TO SERVE ON THE BAYFRONT PARK MANAGEMENT TRUST.
------------------------------------------------------------------------------
Mayor Suarez: All right, item 34, Bayfront Park Management Trust.
Commissioner Plummer: Mr. Mayor, I am going to ask ...
Mayor Suarez: Yes, Commissioner Plummer.
Commissioner Plummer: ... my colleagues, please, for consideration to defer
this until the next meeting.
Vice Mayor De Yurre: So be it.
Commissioner Plummer: UH, the reason for it is, I think I need to talk to my
colleagues here on the Commission about down -sizing that board. We have many
members of that board, who we don't want to embarrass, but have never ever
been to but one meeting. And, I am not going to say that it is a lack of
interest. Or, it's the idea that they just like it for their resume. But, we
are being penalized, Mr. Mayor, insurance wise, for the number that we have
there. So, I would like to send all of you a memo about the possibility of
down -sizing the board, reducing the number by attrition. So, that we can in
fact have some better representation and some less...
Commissioner Dawkins: What Board is that?
Mayor Suarez: Bayfront Park Management Trust.
Commissioner Alonso: Bayfront...
Commissioner Plummer: The one I hoped you would take over. But, you won't,
Bayfront Park. So, I would ask that it will be deferred at this time.
Vice Mayor De Yurre: So be it. I will move or second your motion.
[AT THIS POINT, ITEM 34 WAS DEFERRED]
137 July 8,1993
39. DISCUSSION CONCERNING POSSIBILITY THAT ALL PRESENT ALTERNATE MEMBERS ON
THE INTERNATIONAL TRADE BOARD (ITB) BECOME REGULAR MEMBERS -- DIRECT
ADMINISTRATION TO PLACE DISCUSSION CONCERNING CONSTITUTION OF ITB ON
NEXT AGENDA.
Vice Mayor De Yurre: But, I'll like to know, since being on the record...
Over at ITB (International Trade Board).
Commissioner Plummer: Yes, sir.
Vice Mayor De Yurre: We have twenty regular members...
Commissioner Plummer: Twenty-one.
Vice Mayor De Yurre: ...welt, including the Chairman.
Commissioner Plummer: Yes, sir.
Vice Mayor De Yurre: Ten that are alternates.
Commissioner Plummer: Five.
Vice Mayor De Yurre: ...Ten. Ten positions that are alternate.
Commissioner Plummer: OK.
Vice Mayor De Yurre: And then, there are some people there that are not
members, but yet, they sit on committees. Now, the way you structured this,
this is the kind of thing that once there is a vacancy, or somebody didn't
show up for that meeting, then an alternate gets to vote.
Commissioner Plummer: No.
Vice Mayor De Yurre: How does that work? Because, I mean, I have gotten
thirty people there and...
Commissioner Plummer: No, the alternate, the alternate would not vote. And,
excuse me, there was only one person, that I recall, that was no longer, was
not reappointed to the board, Hetty.
Vice Mayor De Yurre: Ah-huh.
Vice Mayor De Yurre: And, Hetty, was working on a specific committee. And,
even though she was not reappointed, I asked her if she would continue to
serve on that committee to assist the board.
Vice Mayor De Yurre: OK.
138 July 8,1993
Commissioner Plummer: That's the reason that non -board members on the
committee. As far as the alternates are concerned, it was not to be other
that as vacancies occurred, the alternates would be first considered for the
vacancies.
Vice Mayor De Yurre: But, they don't vote on an Item. Because...
Commissioner Plummer: No, sir, they don't vote.
Vice Mayor De Yurre: ...they are alternates. They can opine and this and
that. But, they don't get to actually vote.
Commissioner Plummer: That's correct.
Commissioner Dawkins: If I have two people there. One is an alternate, and
the regular doesn't show, the alternate can't vote?
Commissioner Plummer: Sir, not the way that it is structured presently. You
can change that.
Commissioner Dawkins: No, I didn't know. I am...
Commissioner Plummer: But, that was not the way that it was done. The only
time that I think that it...
Commissioner Dawkins: Why have an alternate there?
Commissioner Plummer: So, that they would be participating and eventually
become full members to vote.
Commissioner Alonso: It is very frustrating not being able to vote ever.
Vice Mayor De Yurre: I know. Can I make a suggestion, here? I know that
this is coming out of left field.
Commissioner Plummer: Anything you want, sir. Whatever works best.
Vice Mayor De Yurre: Would it be best that we just say that we have 30
members. And, that they are all, since we each have our own alternate
appointments, two of us each, that we say can we make them all 30 regular
members, and...
Commissioner Plummer: Victor, you are chairman and whatever you feel is best.
Vice Mayor De Yurre: No, I am asking... No, but, I need the OK from this
Commission.
Mayor Suarez: I have no problem.
Commissioner Plummer: You want to do that? Well, what is your motion?
Vice Mayor De Yurre: My motion would be that all 30 become regular members.
Commissioner Plummer: I second the motion.
139 July 8,1993
Vice Mayor De Yurre:
And, that there be no alternatives.
Mayor Suarez: All right, so moved and seconded. Any discussion?
If not,
please call the roll.
Commissioner Plummer:
Now, excuse me. The only thing that you want
to keep
1n mind, Victor, is what was the - is it 50% for a quorum?
Vice Mayor De Yurre:
Well, I had it up to eleven.
Commissioner Plummer:
If you got thirty people, that could be a real
problem.
Commissioner Alonso:
How many people in the...
Commissioner Dawkins:
You got to have 16.
Commissioner Plummer:
On the ITB.
Vice Mayor De Yurre:
Well, I know. The thing is that my position
is that
they don't show up.
Like we do at the DDA (Downtown Development Authority).
If you don't show up
for three meetings in a row, or you missed five in a
twelve period, you are history.
Commissioner Alonso:
But, why are we taking this Item now?
Vice Mayor De Yurre:
Well, because we started talking about this.
Commissioner Plummer:
Because, it was the DDA board appointments.
Commissioner Alonso: ITB?
Commissioner Plummer: No. Bayfront Park.
Vice Mayor De Yurre: I am just bringing it up now.
Commissioner Alonso: Yeah. I don't think that we should take it at this time.
Vice Mayor De Yurre: If somebody has a problem, you know. But, I think it's
something that helps the process.
Commissioner Plummer: OK, well.
Commissioner Dawkins: I have a problem with it. Having thirty people you
can't get a quorum. And, because you don't have a quorum, you are going to
reach down and you are going to have nothing.
Commissioner Plummer: I agree. Hey, I am,... I got the same thing on DDA.
I have 29 members.
Commissioner Dawkins: Put it on the agenda for the next...
Commissioner Alonso: That's a lot.
140 July 8,1993
'l1
1 y) fo�tlt
Commissioner Plummer: Well, five of them are regulated by, mandated by
statutes.
Commissioner Dawkins: See, but, you have full participations because you fed
well. But, Victor and I are not going to spend that much money.
Commissioner Plummer: Hey, out of 29 members I had 28 present at the last
meeting.
Commissioner Alonso: How many?
Commissioner Plummer: Twenty-eight.
Vice Mayor De Yurre: Well, let's put it on the agenda for the next meeting,
the ITB constitution.
Commissioner Plummer: All right, great. When you do that, Victor, I suggest
to you that you come up with some realistic number as to what constitutes a
quorum. Because, if you get 50 percent plus one for a quorum, you are going
to be in serous trouble with 30 members. I can tell you.
Mayor Suarez: All right.
Commissioner Plummer: Serious trouble.
Mayor Suarez: If... for my vote on any of these things, I defer to the
judgement of the chairperson. Because, I just want to get going on more
substantive Items. But, however you want to handle it.
Commissioner Dawkins: OK, go right ahead.
Mayor Suarez: OK.
Commissioner Dawkins: On the order of the day.
Commissioner Alonso: OK.
------------------------------------------------------------------------------
40. (A) DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION TO APPOINT INITIAL
MEMBERS TO THE COCONUT GROVE PARKING ADVISORY COMMITTEE. (See label 50)
(B) DIRECT CITY ATTORNEY TO PREPARE ENABLING ORDINANCE TO PROVIDE THAT
ALL APPOINTEES TO CITY BOARDS AND COMMITTEES SERVE A ONE YEAR TERM.
Mayor Suarez: OK, item 35.
Commissioner Alonso: 35.
Commissioner Dawkins: 35.
Mr. Cesar Odio (City Manager): On here you have...
141 July 8,1993
Mayor Suarez: Parking Advisory Committee.
Mr. Odio: ...three members are to be selected by the Mayor from a list of at
least seven candidates proposed by the Coconut Grove Chamber of Commerce as
follows:...
Commissioner Plummer: Wait, wait, wait. Why the Coconut Grove Chamber of
Commerce makes the list? Unless, he asked for them. What?
Mr. Odio: The terms of office. No, you already did the appointing. You need
the terms of office.
Mr. Joe McManus: Mr. Commissioner, the appointments have been made at a
previous meeting. The only appointment remaining open, was an appointment by
the Commission. Which the Commission deferred to Commissioner Dawkins.
Commissioner Plummer: OK.
Mr. McManus: So, the bottom line was, that the one appointing, one remaining
appointment, which is position eight, would be Commissioner Dawkins'
appointment.
Commissioner Dawkins: Mr....
Mr. McManus: The only other question is the terms of office.
Mayor Suarez: OK, you know the way I have always felt about those. That they
should all be the same terms. That they should end and start simultaneously.
If that's not the case and any body else wants to do 1t any different way.
Let's propose it and do it. But, let's not spend much time on terms of office
for these advisory committees, folks.
Commissioner Plummer: Well, wait a minute, wait a minute, this is not... Mr.
Mayor, this is not a long term committee. Is this not a committee that
hopefully will do their job, make their report and in they are nonexistence?
Mayor Suarez: I would think so. So, the terms could be simultaneous for all
of them to...
Commissioner Plummer: Why not?
Mayor Suarez: ...be as long as they are needed. Until they file a report.
Commissioner Alonso: At least one year. And...
Mayor Suarez: OK. Joe, how is that? One year, and then to be renewed?
Mr. McManus: Well, Mr. Commissioner, the purpose of this committee is to
review the flow of funds from the payment in lieu of parking in the Coconut
Grove Village Center, going into a Trust Fund and how those funds are to be
spent.
Mayor Suarez: Can we make them all one year terms, renewable at the end of
the year, Joe?
142 July 8,1993
Commissioner Plummer: Yeah, but, we are not creating another Off -Street
Parking Authority, are we?
Mr. McManus: No, no. This is just the Village Center.
Mayor Suarez: Advisory board.
Mr. McManus: Just an advisory board.
Commissioner Plummer: OK.
Mr. McManus: And, they are advisory to the Off -Street Parking department
director.
Mayor Suarez: OK, can we entertain a motion, then, to make these one year
terms, all renewable...
Commissioner Plummer: So moved.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please, call the roll.
Commissioner Plummer: I'll like to see every board be a one year term.
Mayor Suarez: Call the roll.
Commissioner Plummer: I really would. I think that accomplishes Mrs., Madam
Commissioner, what you wanted.
Mayor Suarez: Call the roll.
Commissioner Plummer: If every board was a one year term, renewable ...
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor...
Mayor Suarez: Yes, sir.
Mr. Jones: The ordinance that created this specific, would have to be
amended. Because, it specifically requires that three members be for three
years, three for two.
Commissioner Dawkins: OK.
Mayor Suarez: Could you please make sure that we don't draft ordinances that
way anymore. This Commission wants simplicity in board appointments. And, we
can't spend all of our lives arguing about the terms of board appointments.
Commissioner Plummer: The motion I made, doesn't that counter act it?
Mr. Jones: You will have to amend... I have to amend the...
143 July 8,1993
Mayor Suarez: I don't know. What do you suggest that we do then, Mr. Jones,
to take care of that?
Commissioner Plummer: My motion was to be, all members for one year. Does
that not amend it?
Mr. Jones: OK, I still have to bring back an amendment to the enabling
ordinance. Which is...
Mayor Suarez: Can we have that wording. So, that we can go ahead and pass it
by emergency, so that these people know their terms. And, the emergency been
that they need to function right away, etc., etc.
Commissioner Plummer: All right, where are we?
Mayor Suarez: We want to simplify. We don't want to complicate, folks.
Commissioner Dawkins: Well, to answer Commissioner Plummer's question, is why
the Coconut Grove Village got 4 or five people. They came out here and made
us jump to the hoop. And, you gave them 4. That's why.
Commissioner Plummer: Not, this, not this gentleman.
Commissioner Dawkins: Yes, you dial. Yes, you did.
Commissioner Plummer: No, no.
Commissioner Dawkins: OK, no further questions.
Commissioner Plummer: You look at my appointments and they're not... They
are Coconut Grove...
Commissioner Dawkins: No, that was not your question. Your question was: Why
did the Coconut Grove Village have X numbers of appointees? And, the reason
was that they came out here and made us jump to the hoop and give them to
them.
Commissioner Plummer: OK, I hear you.
Mayor Suarez: All right.
Commissioner Dawkins: All right, thank you.
Mayor Suarez: OK, on that Item then, we are not going to have an ordinance
ready today. But, you can resolve it. And, you will have the ordinance ready
the next meeting.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: All right.
Commissioner Plummer: ...will my colleagues like to consider to making all
board appointments one year terms?
144 July 8,1993
Commissioner Dawkins: Discuss it at the next meeting. Call the order of the
day.
Commissioner Plummer: Well, I am just saying it if you want, he can prepare
the ordinance to bring it back.
Mayor Suarez: It's just that we have done so many things to so many boards.
And, still haven't come up with a nice, simple way. That I hate to just delve
Into that. If you want to bring the topic up, let's schedule it for
discussion and we...
Commissioner Plummer: Remember, Miriam had the presentation that said that
she's been here, and had no appointments, really. Because, they were hold
over of the previous seat.
Mayor Suarez: And, the latest I thought we did, was to say that they all,
that all of the terms end with the terms of the Commissioner who appointed
them. I don't know how your idea of yearly terms place into that. This is a
parking advisory board.
Commissioner Plummer: Oh, no, sir, I am talking about all boards, not just
this one.
Commissioner Alonso: This is not a long term...
Mayor Suarez: This is hopefully going to be...
Commissioner Plummer: OK.
Mayor Suarez: I mean, I hate to go from this logically to anything else,
Commissioner.
Commissioner Plummer: OK.
Mr. Jones: They want one year terms.
Mr. McManus: Mr. Mayor.
Mayor Suarez: Yes.
Mr. McManus: Mr. Mayor, can the, can Commissioner Dawkins appointment ...
Commissioner Dawkins: Yes, I'll...
Mr. McManus: ...be given directly to the clerk at some...
Mayor Suarez: Please, yes.
Commissioner Dawkins: Yes, Amesta bring... Mariela, see that Amesta brings
the name and give it to him, of the person that we are appointing, please.
I'll have it for you, Mr. McManus, in a minute.
Mr. McManus: Thank you, sir.
145 July 8,1993
Mayor Suarez: OK. On the Item before us then, do we need... Can we vote on
it, and, then have an ordinance ready later? Any idea how we can handle that?
Mr. Jones: I am sorry, Mr. Mayor.
Mayor Suarez: Can we just vote on this Item then, in resolution form, and,
have an ordinance ready later?
Mr. Jones: It won't be any need to do that. Why don't we just do both at the
next meeting when I bring back the amendment?
Mayor Suarez: I was hoping to have one less item in the next meeting of the
Commission. All right. Do we need a motion today?
Commissioner Plummer: I...
Mr. Jones: You can pass a motion, yes.
Mayor Suarez: Please, yes. I mean, at least it will remind them later that
we voted on it.
Commissioner Plummer: I so move.
Commissioner Alonso: We had... And, I second it, yes.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-433
A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE AN
AMENDMENT TO THE ENABLING ORDINANCE (WHICH ESTABLISHED
THE COCONUT GROVE PARKING ADVISORY COMMITTEE) IN ORDER
TO PROVIDE THAT ALL APPOINTEES TO THE CITY BOARDS AND
COMMITTEES SERVE FOR A ONE YEAR TERM; FURTHER
DIRECTING THE CITY ATTORNEY TO BRING THIS ISSUE BACK
AT THE NEXT COMMISSION MEETING.
Upon being seconded by Commissioner Alonso, 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
146 July 8,1993
Mayor Suarez: Mr. Gonzalez-Goenaga, do you want to address that issue of the
number of... the terms of the members of the Parking Advisory Board.
Mr. Manuel Gonzalez-Goenaga: Well, I will love to speak about all boards
after we cover all the way to 41.
Mayor Suarez: All right, very good.
------------------------------------------------------------------------------
41. APPOINT INDIVIDUALS) TO SERVE AS MEMBER(S) / ALTERNATE MEMBER ON THE
CODE ENFORCEMENT BOARD. (Appointed were: Marta Flores and Johnny
Matthew.)
------------------------------------------------------------------------------
Mayor Suarez: Item 36, Code Enforcement Board.
Mr. Sergio Rodriguez (Assistant City Manager): There are three appointments,
one by Vice Mayor De Yurre, one by Commissioner Alonso, and one by
Commissioner Dawkins.
Commissioner Plummer: Waste of time.
Mr. Rodriguez: Commissioner Plummer doesn't have any appointments.
Commissioner Alonso: I will appoint Marta Flores.
Commissioner Plummer: Waste of time.
Mayor Suarez: Marta Flores, Commissioner Alonso, Commissioner De Yurre you
have Daniel Perez-Zarraga.
Commissioner Plummer: Which one is this?
Mayor Suarez: And, Commissioner Dawkins you have Jacques Despinose.
Commissioner Plummer: It's 36.
Mr. Rodriguez: Perez-Zarraga's term expired, if he wants to reappoint him, I
guess he can reappoint him.
Mayor Suarez: Code Enforcement, Code Enforcement.
Mr. Rodriguez: Code Enforcement, number 36.
Commissioner Plummer: Yeah, that useless Board.
Mayor Suarez: Johnny Matthew from Commissioner De Yurre, and Jacques
Despinose from Commissioner Dawkins. So moved.
Mr. Rodriguez: Mr. Mayor, Jacques Despinose declined.
147 July 8,1993
Mayor Suarez: Declined. As to the other two, we have a motion. Do we have a
second?
Commissioner Plummer: Yes, sir. I couldn't think of a worse way to punish
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-434
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS AND AS AN ALTERNATE MEMBER 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 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.
--------------- ------- --------------------------------------------------------
42. APPOINT INDIVIDUALS) TO SERVE ON THE HAITIAN TASK FORCE'S BOARD OF
DIRECTORS. (Appointed was: Dr. Rudolf Moise.)
------------------------------------------------------------------------------
Mayor Suarez: Haitian Task Force, is item 37. Commissioner appoints 3
members.
Commissioner Alonso: I'll like... Yes, I like to appoint Dr. Rudi Moise.
Mayor Suarez: So moved.
Commissioner Alonso: M-O-I-S-E.
Mayor Suarez: Dr. Moise.
Commissioner Plummer: Is that the only one?
Commissioner Alonso: No, three I believe.
Mayor Suarez: We need two more.
148 July 8,1993
Commissioner Plummer: Who else has a Board?
Mayor Suarez: We are doing it collectively.
Commissioner Dawkins: What Board is this?
Commissioner Plummer: The Haitian Task Force.
Commissioner Dawkins: OK. Doesn't matter.
Commissioner Plummer: I'll hold up.
Mayor Suarez: OK. As to that appointment, we have motion and a second. Call
the roil, please.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-435
A RESOLUTION APPOINTING THREE INDIVIDUALS TO SERVE AS
MEMBERS OF THE HAITIAN TASK FORCE'S BOARD OF
DIRECTORS.
(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.
43. APPOINT INDIVIDUAL TO SERVE AS A REGULAR MEMBER OF THE PLANNING ADVISORY
BOARD. (Appointed was: Rosa Maria Armesto.)
Mayor Suarez: OK. Planning Advisory Board.
Commissioner Plummer: Ah, it's mine. I appoint Rosa Maria Armesto.
Mayor Suarez: So moved. Do we have a second?
149 July 8,1993
Commissioner Alonso: Yes.
Mayor Suarez: Call the roll, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-436
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO SERVE
AS A REGULAR MEMBER OF THE PLANNING ADVISORY BOARD TO
FILL AN UNEXPIRED VACANCY FOR A TERM AS HEREIN
SPECIFIED.
(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.
--------------------------------------------------------------------------
44. APPOINT INDIVIDUALS) TO SERVE ON TAX-EXEMPT PROPERTY COMMITTEE.
(Appointed were: Patrick O'Brien, Robert N. Allen, Jr., & Pan
Courtelis.)
------------------------------------------------------------------------------
Mayor Suarez: Yes, item 39, Tax-exempt" Property Steering Committee. Five
appointments needed, one per Commissioner.
Commissioner Plummer: De Yurre.
Vice Mayor De Yurre: Pat O'Brien.
Mayor Suarez: Pat O'Brien, presumably, not the actor.
Yurre...
Commissioner Plummer: We all have one, or, Victor has two?
Commissioner Alonso: No, we all have one.
Commissioner Plummer: We all have one, OK.
Commissioner De
150 July 8,1993
A. Quinn Jones III, Esq. (City Attorney): One each.
Mayor Suarez: I nominate...
Commissioner Plummer: Who was my... Who was my one previously there?
Mr. Cesar Odio (City Manager): This is a new one.
Mr. Jones: This is a new one. This is the pilot...
Commissioner Plummer: An entirely new Board?
Mr. Jones: This is the pilot, the pilot program.
Mr. Odio: Absolutely, this is going to deal with...
Mr. Jones: Payment and renewal of taxes.
Mr. Odio: ... nonprofit, the people that are not paying taxes, that's
whatever...
Mayor Suarez:
Trying
to figure out a way to extract
something...
Commissioner
Plummer:
Oh, I am sorry. I am sorry,
I am on the wrong Board.
Mayor Suarez:
...nonprofit entities.
Commissioner
Alonso:
I'll like to appoint Bob Alen.
Mayor Suarez:
Bob Alen, Commissioner Alonso. I'll
nominate Pan Courtelis.
Commissioner
Alonso:
That's it.
Commissioner
Plummer:
Huh?
Mayor Suarez:
Pan Cortelis.
Commissioner
Dawkins:
What Board are we on?
Commissioner
Alonso:
The Tax -Exempt Property...
Commissioner
Plummer:
Do you feel well? I mean...
Did you give a void this
morning when
you were
absent?
i Mayor Suarez:
Pan is
going to be very, very, very positive
in this particular
Board appointment. Any other appointments?
Commissioner
Plummer:
You guarantee that?
Mayor Suarez: Yes. Yes.
Commissioner Plummer: I'll...
Commissioner Alonso: He is having a ball, in the meantime.
151 July 8,1993
e�
Commissioner Plummer: No, I want to think about that one for a minute.
Mayor Suarez: OK, as for those three, we have a motion and a second. Call
the roll, please.
Commissioner Plummer: I'm tempted to vote no.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-437
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS - MEMBERS ON THE TAX-EXEMPT PROPERTY STEERING
COMMITTEE 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 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.
45. BRIEFLY DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION TO APPOINT AN
INDIVIDUAL TO SERVE ON THE MIAMI WATERFRONT ADVISORY BOARD. (See label
84)
Mayor Suarez: Item 40. Commissioner, Vice Mayor De Yurre you have John
Brennan who resigned. Waterfront Board. Must be resident of the City. Do we
have any recommendations from the Board itself? Waterfront Board. No.
[AT THIS POINT, ITEM 40 WAS DEFERRED.]
152 July 8,1993
d,� 1
------------------------------------------------------------------------------
46. BRIEFLY DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO
APPOINT INDIVIDUALS) TO SERVE ON THE OFFICE OF PROFESSIONAL COMPLIANCE
ADVISORY PANEL.
Mayor Suarez: Item 41. Unless you have a nomination.
Vice Mayor De Yurre: I'll get one.
Mayor Suarez: I may have an idea of somebody who lives back here, who might
be good for... No, the one that rents from us. Office Professional
Compliance, two appointments. Mr. Bellas, my appointment, moved to the Tampa
area. Or, actually is working out of the Tampa area, although, he still lives
in the City.
Commissioner Plummer: We better clear a point to people on Boards. We
appoint them, and, they leave town.
Mayor Suarez: Right, he's kind of working on some cases in the Tampa area.
He still lives technically in the City of Miami.
Mayor Suarez: Professional Compliance Advisory Panel. Does Paul have a
resident of the City of Miami that you would like to offer as a nominee for
this very important Board that oversees reverent...
Commissioner Plummer: We are on 41.
Mayor Suarez: ...all of the actions of the Police Department, and any City
employees that are deemed to be out of Rilter, and against whom some complaint
is filed that you would like to give us? If you want to think of a name and
can give it to me later, I'll make it my appointment. Because, I've got one
of this appointments. OPC, Office of Professional Compliance. And, Mr. Willy
Chavez, Commissioner De Yurre.
Commissioner Plummer: De Yurre has an opening there.
Mayor Suarez: Any appointments for OPC, Office of Professional Compliance.
Willy Chavez resigned... or, excessive absences.
[AT THIS POINT, ITEM 41 WAS DEFERRED.
153 July 8,1993
0zoS )
r r----------------------------r-------------r------------------r-----r--------
47. APPOINT / REAPPOINT MEMBERS TO THE PRIVATE INDUSTRY COUNCIL OF SOUTH
FLORIDA (PIC). (Appointed were: Linda Eads and Gabriel Torres.
Reappointed were: Josefina Bonet Habif, Willy Ivory, Melvin (Skip)
Chaves, Tito Gomez, Billy Hardemon and Dorothy Graham.)
------------------------------------------------------------------------------
Mayor Suarez: And, the Private Industry Council Eight appointments needed as
i
follows: We have Willy Ivory is my appointment. Esther Sabrino.
Commissioner Alonso: I appoint...
Mayor Suarez: ...term expired. Tito Gomez, Vice Mayor De Yurre, Josefina
Bonet...
Commissioner Plummer: I have two there Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: Instead of Esther Sabrino, I will appoint Linda Eads
and I will reappoint Josefina Bonet-Habif.
Mayor Suarez: OK...
Commissioner Plummer: Those are my two.
Mayor Suarez: ...so nominated. I renominate Willy Ivory. We've got any
other that you would want to nominate?
Commissioner Alonso: Yes, I would like to appoint Gabriel Torres and... Do I
have only one appointment?
Mayor Suarez: That's the way it looks as to ones whose terms have expired.
Commissioner Alonso: Some of them don't have any names. How can we tell?
Mr. Frank Castaneda: Right. Commissioner, the only ones that I know that you
had named Elizabeth Reyes -Diaz...
Commissioner Plummer: You don't remember who you appointed before.
Commissioner Alonso: I inherited a lot of people here. What?
Mr. Castaneda: ...you had originally, you had nominated Elizabeth Reyes.
Commissioner Alonso: Yes, but, I see that some names and a term expired.
But..
Mr. Castaneda: Right. I do not know...
Commissioner Alonso: Who appointed these individuals?
154 July 8,1993
Mr. Castaneda: I do not know who nominated Elmer Leiva.
Commissioner Plummer: Which one?
Commissioner Alonso: Well, this one I know, because you just mentioned. But,
Skip Chavez?
Commissioner Plummer: Not mine.
Mr. Castaneda: Skip Chavez, I do not know who nominated him. He is the
director of SER (SERVICE EMPLOYMENT REIMBURSEMENT).
Commissioner Alonso: Who nominated him?
Mr. Castaneda: I do not know, Commissioner.
Commissioner Alonso: We should have some record in the City of Miami on this,
right?
Mr. Castaneda: Well...
Mayor Suarez: I think he was a long standing member.
Mr. Castaneda: Yeah, he'd been there for a number of times.
Commissioner Alonso: For so long, that we lost count.
Mayor Suarez: Before we began... yeah, before any one, actually, was
responsible for the appointment.
Commissioner Alonso: OK.
Mayor Suarez: If Skip is still functioning in that capacity, he is
knowledgeable.
Mr. Castaneda: Yes.
Commissioner Alonso: Oh, yes.
Mayor Suarez: So, I'll entertain a motion to renominate...
Commissioner Alonso: I so move.
Mayor Suarez: ...Skip Chavez. Very good. Any other ones that want to be
renominated?
Commissioner Plummer: You have mine, too.
Commissioner Alonso: And, the rest of the people nominated, as well.
Mayor Suarez: OK. All right, all of the ones that are on the Board are
renominated. If any can't serve, we'll know about it, I am sure.
Commissioner Plummer: No, no, no, one of mine expired and I am re...
155 July 8,1993
Mayor Suarez: Commissioner is holding on to, or do you have the appointment?
Commissioner Plummer: No, sir.
Mr. Castaneda: Right.
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor, just a point of
clarification...
Commissioner Plummer: ...Esther Sabrino resigned...
Mayor Suarez: OK, I am sorry.
Commissioner Plummer: and I am appointing Linda Eads.
Mayor Suarez: Very good, with that exception. Yes, Mr. City Attorney.
Mr. Jones: Just a point of clarification, Dr. Alonso. These...
Commissioner Alonso: In the case of Elizabeth.
Mr. Jones: ...no, these appointments are by the Commission as a whole. Not
necessarily, individual appointments.
Mayor Suarez: They are nominated by individual members of the Commission.
But, they are all Commission appointees.
Mr. Jones: Yeah.
Mayor Suarez: OK.
Commissioner Plummer: Big deal.
Mayor Suarez: As to all of the ones that are there with the new...
Commissioner Plummer: We can't even get enough to fill what's there.
Mayor Suarez: ...one that Commissioner Plummer nominated to replace one that
resigned, we have a motion and a second. Please call the roll.
156 July 8,1993
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-438
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO THE
PRIVATE INDUSTRY COUNCIL:
LINDA EADS AND JOSEFINA BONET HABIF (nominated and
renominated, respectively by Commissioner Plummer)
WILLY IVORY (renominated by Mayor Suarez)
GABRIEL TORRES (nominated by Commissioner Alonso)
TITO GOMEZ (renominated by Vice Mayor De Yurre)
BILLY HARDEMON (renominated by Commissioner Dawkins)
DOROTHY GRAHAM and MELVIN (SKIP) CHAVES (renominated
by the Commission at large).
Upon being seconded by Commissioner Dawkins, 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
48. CONFIRM AFSCME'S APPOINTMENT OF AN INDIVIDUAL TO THE GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST. (Confirmed was: Edmund
DiLoretto.)
------------------------------------------------------------------------------
Mayor Suarez: Yes, and a nomination from the City of Miami, General Employees
and Sanitation Employees Pension Board, of Edmund DiLoreto.
Commissioner Alonso: We have one confirmation. So move.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Commissioner Plummer: Second.
Mayor Suarez: Any discussion? If not, please call the roll.
157 July 8,1993
;x=x
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-439
A RESOLUTION CONFIRMING AFSCME'S APPOINTMENT OF AN
INDIVIDUAL AS A MEMBER TO THE CITY OF MIAMI GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST,
FOR THE 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 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
-------------------------- ------------------------------ ----------------------
49. (Continued discussion) APPOINT INDIVIDUALS) TO THE ALLAPATTAH BUSINESS
DEVELOPMENT AUTHORITY'S BOARD OF DIRECTORS. (Appointed was: Ruben
Cruz.) (See label 37)
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, who was appointed for Item 33?
Mayor Suarez: We only had one. I think, moved by Commissioner Alonso out of
three. We need two others.
Commissioner Dawkins: OK. Ruben Cruz, I'd like to...
Mayor Suarez: Ruben Cruz. So nominated. Do we have a second?
Commissioner Plummer: Second.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
158 July 8,1993
r
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-440
A RESOLUTION APPOINTING THREE INDIVIDUALS TO SERVE AS
MEMBERS OF THE ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY'S BOARD OF DIRECTORS.
(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: And, we are still missing one.
Commissioner Plummer: I have one. I haven't appointed.
Mayor Suarez: On the Allapattah Business Advisory Board?
Commissioner Plummer: Correct.
Mayor Suarez: Development Authority, rather. Do you want to make that
nomination now?
Commissioner Plummer: No, sir, I'll hold it.
Mayor Suarez: All right, any thing further.
------------------------------------------------------------------------------
50. (Continued discussion) APPOINT MEMBER(S) TO COCONUT GROVE PARKING
ADVISORY COMMITTEE. (Appointed was: Rev. Richard Curry.) (See label 40)
i
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, for the record, my appointment for the
Coconut Grove Advisory Board, is Richard Curry. Who is an employee of the
U.S. Post Office, over there in Coconut Grove.
Mayor Suarez: OK. Does that replace one of the ones that we had...
Commissioner Dawkins: Yeah, they were holding off for me.
159 July 8, 1993
Mayor Suarez: ...that we should clarify? OK, very good. oh, that's right,
you had been one pending. So moved as to Richard Curry.
Commissioner Plummer: Second.
Mayor Suarez: Second for the Coconut Grove Parking Advisory Board. Call the
roll please.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 93-441
A MOTION APPOINTING REV. RICHARD CURRY TO THE COCONUT
GROVE PARKING ADVISORY COMMITTEE.
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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Mr. Gonzalez-Goenaga and folks, after this, we have some Items
tabled from the morning. Dr. Godoy is on one of them, I believe. And, David
Alexander, I think your Item was tabled too. All right, Manolo.
Mr. Manuel Gonzalez-Goenaga: Well, good afternoon Commissioners and citizens,
who are present here. What difference does it make of all these boards? What
is needed, number one, is that these boards do, at least, attend the meetings.
Number two, that they are qualified and experienced in the different areas.
And, number three, that full disclosure should be made when all these
prestigious nominations of prestigious citizens, the amount of businesses that
they have directly and indirectly with the City. The amount of contributions
for their individual political campaigns. Let's talk serious business, if we
are going to continue business as usual. That's why the people, the citizens,
laugh at every single one of you guys. Don't you realize that? Look at...
Jesus Christ, Plummer now, he is not even hearing me. And, of course, this
morning I missed a lot. But, Mr. Suarez missed more. I under... I heard
that he was very busy in the beauty parlor all morning. Thank you very much.
Mayor Suarez: Have a seat Mr. Gonzalez-Goenaga. Let me assure you, sir, that
90 percent, if not 100 percent, of all my board appointments...
Commissioner Plummer: OK.
160 July 8, 1993
Mayor Suarez: ...have never contributed to any of my campaigns. Except,
maybe my first one, where I raised money on a $15.00 per person basis. They
just don't have that much money. So, that maybe hopes to contradict some of
your, rather, badly researched and otherwise ridiculous statement.
NOTE FOR THE RECORD: At this point, Commissioner
Alonso handed to —the Clerk the names of two of her
appointees: (1) Victor Alva, to the Allapattah
Business Development Authority; and (2) Tony Zamora,
to the Wynwood Community Economic Development
Corporation, Inc. Board.
51. (Continued discussion) ACCEPT PROPOSAL OF MORRIS & McDANIEL, INC. -- TO
DEVELOP / IMPLEMENT A CUSTOMIZED ASSESSMENT CENTER PROCESS FOR
CLASSIFICATION OF POLICE CAPTAIN. (See label 6)
Mayor Suarez: All right D-5, is that what...
Commissioner Plummer: What?
Commissioner Alonso: What?
Mayor Suarez: CA-5, is that what the Police Union is here on?
Commissioner Dawkins: Move it.
Commissioner Plummer: Which one?
Commissioner Alonso: What?
Mayor Suarez: CA-5, consent agenda 5. We are going to get to the
supplementary agenda.
Commissioner Alonso: We have to bring this Item.
Mayor Suarez: Just taking up Items that were left from the morning. I don't
know if they were left because...
Commissioner Alonso: This was deferred.
Commissioner Plummer: Mr. Mayor, this was left over from the morning. I have
still asked, and continue to ask the justification for the need more $90,000
employees in the Police Department. We presently have five captains.
Truthfully, unless somebody can come up with some justification, I seriously
doubt that we need two more or three more or four more $90,000 employees.
Now, if they come up and they justify such positions, then, I think, you know,
161 July 8,1993
it's a good idea. But here again, I am also concerned, we are spending
$300000 to do an assessment of supposedly people who have been in the Police
Department, I assume for at least five to ten years, if they are eligible to
be captains.
Mayor Suarez: Well, the more appropriate entity to make the recommendation of
why we need these officers, would be the department. But, they might want to
address the issue of the expenditure or the assessment system or whatever.
But, I mean, have we heard, already, this morning from...
Commissioner Plummer: No, sir, I asked for the justification.
Mr. Cesar Odio (City Manager): The question was asked this morning, Mr.
Mayor. And, I need time to bring back a justification for the additional...
Commissioner Plummer: That's what I asked for.
Mr. Al Cotera: I have the information.
Mr. Odio: Oh, wait. Chief, you have the answer?
Mayor Suarez: What are the positions?
Commissioner Plummer: Captains.
Mr. Odio: We have two captain position vacant.
Commissioner Plummer: But, you have 5 employees.
Mayor Suarez: Chief.
Asst. Chief Don Warshaw: We currently have five captains. And, there are two
vacancies. Possibly, as many as three. The rank of captain, historically,
has been a civil service rank position in the Department.
Commissioner Plummer: I understand.
Asst. Chief Warshaw: There was a time we had as many as probably 12 or 13.
Commissioner Plummer: Well, Don, you know, my problem is, just because in the
past we've had them, doesn't mean we need them now. As dollars become short
and shorter, and, they continue to be shorter, it's not business as usual.
Because, if we do, with a reduced revenue in the City, I'm saying that we have
got to look every place that we can to cut corners.
Asst. Chief Warshaw: But... OK.
Commissioner Plummer: All right, that's all I am saying to you. And, I am
not saying that I am opposing making more captains. I am asking for them, for
me to vote on it, to justify the need. That's all I am asking. I do have
questions about spending $30,000, when we have a personnel department, which
is... How much is your budget? One point five million dollars is personnel
department. And, now we are going to spend an additional $30,000 to go out
and do an assessment. Now, you know...
162 July 8,1993
Mr. Odio: But, just find out how much it cost us not to have an assessment
center.
Commissioner Plummer: Sir, you know, let's don't go in and open that can of
worms. Because, you'll be here all day, and, you'll lose badly. All right.
All I am saying again, is that I think that we better start doing some
analyzation around here. To start trying to find some ways to reduce.
Because, I don't see it at this particular point. And, unless, you do, I
think where the City is going to be 1n more serious trouble than we are right
now. So, take it from there. And, you know, I've made my peace. I will vote
no on the issue. I still though think that I am entitled to see, if in fact,
there is a justification, what that justification is.
Asst. Chief Warshaw: Commissioner, not to give you the whole history of it,
but I know that you recall at one time we had an excess of 20 majors and a
whole bunch of colonels. And, if you remember in the restructuring...
Mr. Cotera: Thirty-two.
Asst. Chief Warshaw: ...we eliminated the rank of colonels, substantially
reduced the number of majors and then assigned captains as command level
people at the various substations and other high level command position in the
department.
Commissioner Plummer: Don, I also know that if you go to the allotment of
sworn personnel, that you have one supervisor for every four men in the
department, presently. One supervisor for every four officers. That's one
hell of a ratio. OK, look, you guys you want to spend the money OK, I'm
tired. I am a tax payer. And, something better start giving around here.
Mayor Suarez: What is a fair ratio? I don't mean to interrupt you. But,
what is a fair ratio of...
Commissioner Plummer: No place else have that.
Mayor Suarez: ...because, if you throw one to every four, what, just
sergeants, what is the fair ratio of the minimum number of sergeants per sworn
personnel that is typical recommended? Cause, I don't think it is many more
than eight, eight or...
Mr. Odio: It should be one sergeant for every seven men.
Mayor Suarez: Right, so, right there you have seven to one if you accept that
norm, J.L.
Asst. Chief Warshaw: Well, but, those numbers are a little bit skewed,
because, the numbers you really want to be looking at are the numbers in
operation and patrol. Where as if you got...
Commissioner Plummer: Oh, well, that is my other argument, Don. You know,
you have sworn officers that are doing everything but enforcing the law. And,
you know that has been my long standing... You know, for example, I found a
good one now, Mr. Mayor. We now have a beach patrol, but, we have no beach.
163 July 8,1993
We have a beach patrol, but no beach. Two sworn officers out at the beach.
Riding ATC's (All Terrian Cars), beach is closed, the gate is locked. They
have been there ever since Andrew.
Mayor Suarez: You know, I don't suspect that is totally accurate. But, just
l in case...
Commissioner Plummer: Excuse me, sir, would you like to ride out with me?
Mayor Suarez: ...because, my colleague never makes statements that are not
i
fully backed up with the...
Commissioner Plummer: Would you like to ride out with me?
Vice Mayor De Yurre: Hey, but, J.L...
Commissioner Plummer: Al, am I right or am I wrong?
Mr. Cotera: I think that you are incorrect?
Vice Mayor De Yurre: I hear they got total control.
Commissioner Plummer: I'm incorrect.
Mr. Cotera: Yes.
Commissioner Plummer: There's two sworn officers that take a trailer with two
ATC's out...
Commissioner Dawkins: Assigned to the beach.
Vice Mayor De Yurre: They have total control.
Commissioner Plummer: ...in shorts every week. I'll go and get you their
names.
Mr. Cotera: Oh, no, I know that there is two people that temporarily get
assigned to that specific patrol. Your beach has a gate.
Commissioner Plummer: It's locked, has been since...
Mr. Cotera: Wait a second, wait, we close our houses, that doesn't stop the
burglars, Commissioner. So, just cause you got a gate with a pad lock on it,
you are not stopping people who want...
Commissioner Plummer: OK.
Mr. Cotera: ...to use that portion of the beach from using it. And, that's
the reason that police have been assigned on a temporary basis to guard that
portion of the beach which is towards the end of Virginia Key. Where other
things than what we would particularly care for on a beach, sometimes occur.
Mayor Suarez: Al...
164 July 8,1993
Mr. Cotera: That's what that... That's why that was done.
Mayor Suarez: ...as President of the Union, your comments are most
enlightening. I just want to be absolutely sure, that what the Commissioner
is saying is correct. Because, if that beach is closed, I can not imagine
that we would have two full time police officers...
Mr. Cotera: They are not full time.
Mayor Suarez: Dressed in shorts, and, or, bathing suits, going up and down
the island. I can't believe that. I just can not believe that. As much
as...
Commissioner Plummer: Believe it.
Commissioner Alonso: I guess we'll have to talk...
Mayor Suarez: ...some patrol has to take place out there.
Mr. Cotera: Sir, I will also tell you that you have maintenance people on
that beach every day.
Mayor Suarez: I have no doubt about that.
Commissioner Plummer: Oh, hey! I have been after him for that for...
Mayor Suarez: But, that's not the issue. I don't know why Charlie even has
to get involved in this thing. Thank you, Charlie. Have a seat. Do we or do
we not have police officers in Virginia Key, acting as beach patrol?
Asst. Chief Warshaw: All right, Mr. Mayor. I understand that there are two
police officers there. Whether or not they're acting as quote, "Beach
Patrol," I don't have the answer for it. And, I'll get you the answer for
that.
Mayor Suarez: Well, I... Yeah.
Commissioner Plummer: Excuse me that's on... In the English language on the
side of their shirt.
Mayor Suarez: I really would... Mr. Manager, I really would appreciate if we
have at Commission meetings, someone who can tell us how all of our police
officers are deployed on any given day. Because, that is the one thing that
the department should know. Now, if it takes 3 people here, or 5 people here,
I hope it takes one person here, to know, or with a little computer. If you
have to have a lap top up here, punch it in, and find out whether you have any
police officers going up and down Virginia Key, exclusively assigned to that.
I cannot imagine we do. Otherwise, I am going to believe my colleague over
here, who seems to know this better that the rest of us. That's hard to
believe, Chief.
Mr. Cotera: Mr. Mayor.
Mayor Suarez: Back to the Union. What does the Union have to say?
165 July 8,1993
Mr. Cotera: Mr. Mayor...
Mayor Suarez: Have your lap top computer...
Mr. Cotera: ...because in the past...
Commissioner Plummer: We're back to captains.
Mr. Cotera: ...I'm also personally tired of hearing, "We'll get back to you
on it." So, I sort of like of plan ahead and find before hand. Police
officers, police officers...
Mayor Suarez: That's a very interesting philosophy. But, can you answer the
question?
Mr. Cotera: ...Yes, I... Well, if you let me talk.
Mayor Suarez: Yes.
Mr. Cotera: Police officers that are usually assigned to the marine patrol
unit, are temporarily when the beaches close. Or, when we see that even
though the pad lock gate is there, people still go over, or, go around by the
old incinerator and take the dirt Temporarily, do get assigned to go out
there to make sure that they throw everybody out. The reason...
Mayor Suarez: When you say temporarily, you don't mean an 8 hour shift?
Mr. Cotera: If it takes an eight hour shift...
Commissioner Plummer: ten hours.
Mr. Cotera:. ...they will, one or two days out of the week, go out there, in
two's because, needless to say, if something should occur, the availability of
back up, as you could understand, could be very difficult. The reason that
there are ATC's...
Commissioner Plummer: Hold it, should be.
Mr. Cotera: ...is, that you do not want your police cars on the beach.
Commissioner Plummer: Should be.
Mr. Cotera: Needless to say, cause then you would have one of your tow truck
people, if we have any left, pulling them out. The reason that they are in
shorts, needless to say, there is no AC (air conditioning).
Mayor Suarez: That happens not to be correct for that beach. You can drive
all over that beach with a regular car. As close as you need to...
Mr. Cotera: No, sir, I am talking about out by dock beach, out by the dock
corner.
Mayor Suarez: ...you can go out pretty much as far as you want. But, anyhow.
166 July 8,1993
i
Vice Mayor De Yurre: Mr. Mayor, can I ask a question? Are we still on CA-5?
Mayor Suarez: Question was raised on the issue of the total number of police
officers we have, and, supervisory personnel to patrolmen.
Commissioner Plummer: That's not the...
Mayor Suarez: And, this issue came up, and we are trying to clarify it.
Commissioner Plummer: The question I still ask, and, my bottom line, is to
see the justification of the need of more $90,000 personnel.
Mayor Suarez: OK, you were getting ready to say the ratio was stated to be
four to one. I think in somebody's calculation.
Asst. Chief Warshaw: Right, and what I started to tell you is that that
number is a little bit skewed. Because, you need to look at what the ratio is
in operations as opposed to department wide.
Mayor Suarez: OK, so what is the ratio in field operations?
Mr. Cotera: One to eight.
Asst. Chief Warshaw: I think it is one to seven.
Commissioner Plummer: Mr. Mayor, if you want to make it easy, since they
don't know how to do mathematics, obviously. Take every position in the
police department above the rank of officer, and, divide it by the number of
officers.
Mayor Suarez: but, he was saying that you should take the field operations
division by itself.
Commissioner Plummer: It's four to one.
Asst. Chief Warshaw: But, but,. you see... Mr. Mayor, you've got as an
example, you've got sergeants who work in internal affairs as investigators.
Mayor Suarez: OK, we hear that. We hear that.
Asst. Chief Warshaw: So, those, that skewed the numbers dramatically.
Mayor Suarez: OK, do you have the number as to the entire department, and,
then as to field operations? Can you just...
Asst. Chief Warshaw: We'll get that for you.
Commissioner Plummer: It's two hundred and sixty eight supervisors as I
remember.
Mayor Suarez: Could you please crank them out with your mind that God gave
you. You've got...
167 July 8,1993
Asst. Chief Warshaw: Yes, sir.
Mayor Suarez: ...thousand plus police officers. How many ranking officers,
we have? That gives us one ratio. And then, just take field operations and
give us the other ratio, please, as quickly as possible. The captains...
Asst. Chief Warshaw: And, I'll like to make another comment, if I can.
Mayor Suarez: Yes, sir.
Asst. Chief Warshaw: ...the difference in the captain's salary from the
Lieutenant's rank, is just a 15 percent differential in the rank. It's not as
we are going to...
Commissioner Plummer: I didn't complain when you eliminated it.
Asst. Chief Warshaw: ...out and hiring a $90,000 year captain.
Mayor Suarez: I understand.
Asst. Chief Warshaw: It's a promotional opportunity for a lieutenant which...
Commissioner Plummer: I never complained when you did away with it.
Asst. Chief Warshaw: ...will create a ripple effect.
Mayor Suarez: Yeah, there is always the impression given when you get into
salaries...
Commissioner Plummer: I never didn't make them.
Mayor Suarez: ...that there is a whole new $90,000 a year person.
Asst. Chief Warshaw: Right, which is not.
Mayor Suarez: Is there any captain that is in the $90,000 range?
Mr. Cotera: None.
Asst. Chief Warshaw: No.
Mayor Suarez: OK, so, we should at least get rid of that term. What is the
typical...
Asst. Chief Warshaw: Top paid captains approximately $73,000 and with fringe
benefits it goes up close to a hundred.
Commissioner Plummer: It's plus 48 percent.
Mayor Suarez: All right, but, but please not salary, Commissioner Plummer.
Commissioner Plummer: Sir, I said...
168 July 8,1993
Mayor Suarez: Because, it does give the wrong impression to people listening
on TV, and think these guys...
Commissioner Plummer: ...$90,000 cost. Is what I said.
Mayor Suarez: All right, I thought you meant, I thought you said salary. All
right.
Commissioner Plummer: With perks.
Mr. Cotera: From the position of the Police Union, as the Mayor likes to
refer to it. We...
Mayor Suarez: You don't like the term, Police Union?
Mr. Cotera: Oh, yes, I do. I appreciate it, as a matter of fact. Al Cotera,
President of the Police Union, Miami Lodge 20. As to the testing procedure,
and, the need for assessment centers. I have been trying for the last three
years to work with management, both at the police department and here at City
Hall, to get away from lawsuits, after every promotional test. Something that
was developed is for the unions to partake and participate in the choosing of
the people that were going to do the actual testing. And, that has worked out
fairly well up to now. And, we are at the stage of captain. You have not
given a captain's test since 1983. What that has done is that that seriously
curtailed...
Commissioner Plummer: Obviously not needed.
Mr. Cotera: There hasn't been a captain's promotion since about 184 or 185.
That has seriously curtailed the promotional opportunities of another 50
people that are on the department that hold the rank of the lieutenant.
Commissioner Plummer: There is your whole key.
Mr. Cotera: And by the way, Commissioner Plummer, the total number of
sergeants, lieutenants and captains in the department right now, are a hundred
and ninety. Approximately, a hundred and ninety.
Commissioner Plummer: Excuse me. Al, so that there is no misunderstanding,
obviously, you did not understand me. I said above the rank of police
officers, as I recall, is 268.
Mr. Cotera: I just totaled it up, it's a hundred and ninety.
Commissioner Plummer: Well.
Mr. Cotera: Discounting majors...
Commissioner Plummer: Oh, everything. No, no, no, I am not discounting
anything.
Mr. Cotera: Discounting assistant chiefs.
Commissioner Plummer: Anything other than a...
169 July 8,1993
Mr. Cotera: Well, that's only about 15 more people. So, I think the numbers
are wrong.
Commissioner Plummer: Yeah. OK.
Mr. Cotera: As far, as the logic of it. What is the logic of having it
majors, since you like to look at cost. That, number one, since they fall
under the executive program, both their health benefits and their pension is
strictly paid by the City as opposed to a Civil Service position that pays
their own health benefits and pays their own pension cost. So, if you want to
aim at cost...
Commissioner Plummer: It's reduced.
Mr. Cotera: ...start looking at it that way.
Commissioner Plummer: I think that's a damn good idea.
Mr. Cotera: OK, well...
Mr. Odio: What did you say? I missed it.
Commissioner Plummer: I think that's an excellent idea.
Mr. Cotera: ...those are captains. Those are captains, all right. The other
position, and for many years, the philosophy was that captains, because of the
fact that for many, in many years, in many instances, ran entire divisions
became too powerful. The old philosophy of the 5 star general took over. So,
how did you eliminate that? You created all this colonels and majors that
were running around. That we basically at the whim of whoever appointed them.
All right, I am not saying that happens now. But, I am just saying that that
was the philosophy. In the meantime, the rank of captain fell from twelve to
nine to, right now we only have two. We actually have five captains on board.
You are paying for an extra one. And, believe me the Union had nothing to do
with that. He did it on his own. Again...
Commissioner Plummer: That's not a true statement either.
Mr. Cotera: ...that, well, you are paying for six and you only have five.
Commissioner Plummer: That... we are paying it. But, he didn't bring it on
himself.
Mr. Cotera: Well, somebody did it to him. But, I am saying the Union did not
partake in that.
Commissioner Plummer: I hear that correctly.
Mr. Cotera: OK. Again, in 1983 was the last time you afforded promotional
opportunities to career people. These are not people who are not planning on
leaving any time soon. These are people that have put in 15 to 20 years of
their lives into the service of the police department. And, you are basically
saying, if you are not the kind of person, or the particular attitude of
170 July 8,1993
person, that I - as say, the Chief of Police, would want to appoint to the
rank of major, which is by appointment. Then your career is basically ended
at the rank of lieutenant. Now, the issue this morning came up about all this
overtime that captains supposedly make. Captains, ladies and gentlemen, and
Commissioners, only make overtime at the cost of the City in two separate
occasions, that I am aware of. The Orange Bowl Parade, which is once a year.
Because of the number of people involved, they usually assign an operational
captain to that. And, whenever you have a riot, a civil disturbance or a
hurricane situation. I know of no other instances, or very few that I am
aware of, where a...
Mayor Suarez: A serious mobilization, or a serious event involving over a
hundred thousand people.
Mr. Cotera: ...something like that, where the entire department becomes
mobilized. This is the only time they make overtime, with the exception of
Goombay Festival. You guys don't put any money into that any more. Calle
Ocho, you guys don't put any money into that any more.
Lt. Joseph Longueira: Orange Bowl game.
Mr. Cotera: Coconut Grove... Pardon.
Lt. Longueira: Orange Bowl games. The big ones.
Mr. Cotera: Orange Bowls ames. That's strictly it. So let's get away from
this argument that we got 190,000 year captains running around. They max out
at seventy-two five. So you know...
Commissioner Plummer: Plus 48 percent.
Mr. Cotera: ...so they are not, believe me it's not there.
Mayor Suarez: OK, yeah, he was referring to the perks that go with the
salary, all right. Anything further with this Item?
Commissioner Plummer: Mr. Mayor, I don't disagree with 90 percent of what Al
said. I still say to Al and to my colleagues. I would like to see the
justification of the need for more. That's all that I am saying.
Mr. Cotera: Well, if you took captains and you put them in charge of
operations, then you wouldn't need as many majors running around, would you?
Commissioner Plummer: Maybe, that's the answer.
Mr. Cotera: And, what costs you more, captains or majors?
Commissioner Plummer: Maybe we need to reduce the majors to captains.
Mr. Cotera: So, I think I just gave you plenty of justifications. And, those
are by appointments.
Commissioner Plummer: I hear you.
171 July 8,1993
Commissioner Dawkins: I would have no problem with making captain...
Mr. Cotera: I'd like to apologize to staff for saying that.
Lt. Longueira: We11, yeah, and Commissioners, I would 11ke to state out
position with that. The Department does not agree with that position. We
need the rank of major. We need the rank of captain. And, I am saying that
we do not want to replace majors with captains. We've gone through this many
times. That's a Union position, not the Department.
Commissioner Plummer: And, you also need 90 million dollars of tax payers
money.
Lt. Longueira: Commissioner...
Commissioner Plummer: And, I am one of them.
Lt. Longueira: I know that. But, unless you are there doing the work we do,
and, understand that, I really don't think that you have a handle on our exact
needs, day to day.
Commissioner Dawkins: But, you have...
Lt. Longueira: It requires a lot to respond to this Administration, including
your office.
Commissioner Plummer: Sometimes I wonder, I wonder if in fact you understand
the financial portion of this City, which I understand, I think, pretty well.
Commissioner Dawkins: You've missed one important issue here. And, I said
that career wise a sergeant is locked in to never being nothing other than a
lieutenant. What's wrong, since you are doing an assessment center, making,
since you say they are needed, make a position of major, colonel, and captain
promotional. Let you take a test. Why must it be that, as he said, any chief
who comes in, and likes the way I part my hair, I become a major.
Lt. Longueira: Commissioner.
I Commissioner Dawkins: If you don't like the way I part my hair, I no longer
become a major. Let's make them all promotional.
Lt. Longueira: Because, the same way that you as a Commissioner, want to
select the people that work the closest to you and display your enthusiasm and
your position on certain things, you want the ability to appoint people like
that. You don't want to have to take a promotional system that is going to
give you somebody that does not express your views.
Commissioner Dawkins: I beg to differ with you. That's fine.
I Lt. Longueira: And, that's why you select... Commissioners select their
I staff.
Commissioner Dawkins: I beg to differ with you. You can't tell me that a
police chief, who is a police chief, schooled in the art of being a police
172 July 8,1993
chief. Who has gone to school to learn to be a police chief, can not work
with what he finds there to run a police department. You can't make me
believe that. Now, you can tell me. But, you can't make me believe that.
Lt. Longueira: In many positions, yes, but, not at that level of management,
sir.
Mayor Suarez: There is...
Commissioner Plummer: Let me, let me give another argument against my
colleague, my blue brother. Miller, one of the other problems that I think
that would have to be faced with the proposal that you are making, is the
fact, sometimes it doesn't happen, but, anytime above the rank of captain is
an appointed position. And, as such, does not have to have the bureaucracy or "
the honkering down of civil service. Anyone who is placed there, is placed by
appointment, can be removed at will. And, if that person is not actually
doing the work that they are supposed to be doing, they can be put back to
their civil service status. No less than their latest civil service status.
But, if they are appointed at will, they can be removed. Why are you saying
no?
Mr. Cotera: Oh, I disagree with you.
Commissioner Plummer: Oh, you disagree with me. But, the theory is right.
Mr. Cotera: Well, in theory, yeah. But, if you took at past practices, you
haven't had a major, or an assistant chief, or even a chief of police demoted
or fired from here, than hasn't turned around.and sued you and beat you.
Commissioner Plummer: Well, I said sometimes...
Mr. Cotera: Let's look at it realistically in the last ten years, come on.
Mayor Suarez: That is totally and absolutely incorrect. But...
Asst. Chief Warshaw: Mr. Mayor, can I make just one last point.
Mayor Suarez: ...That's not right, Al.
Asst. Chief Warshaw: If I can make just one last point.
Mayor Suarez: That's not right, Al. We've got quite a few that had been
demoted.
Mr. Cotera: Yes, it is. Tell me one that hasn't.
Mayor Suarez: I, Manolo Diaz is one that comes to mind.
Asst. Chief Warshaw: Rather than... Rather than trying to make an argument
for the need for more captains, let's just look at the five that we have now.
All five of them are retirement eligible right now. Which means, that if we
don't go forward with this...
Mayor Suarez: That's another argument, right?
173 July 8,1993
Asst. Chief Warshaw: Right, these five will go.
Mayor Suarez: But, you see a philosophical discussion taking place up here,
Chief, which is very important to this community. And, actually the pulse
people and some of the other community activists, who want to know whether we
are promoting correctly. Whether we are having the people promoted on a basis
of objective criteria, versus subjective criteria. This is a societal
discussion that is taken place. Some of the people of this commission, I
think, and maybe society as a whole, is ready to go back to a lot more
objective criteria. That is what Commissioner Dawkins is saying. Rather than
having all of these people, and a lot less than they used to be, Lieutenant.
You are entirely right about that, and Chief, and everybody. It used to be
all the colonels, we don't have that rank anymore. We found that ended up
being a bit of a political thing. And, the Union was one of the big ones...
biggest ones, to oppose it. And, I agreed with it. And, many of the
Commissioners that are up here agreed with it. We eliminated that rank. But,
the rank of captain, historically in the City of Miami, for the last ten
years, has also had a little bit of stigma attached to it, which is sort of a
go nowhere type rank. Because, you got there without the blessing of the
chief, you got there with your own particular examination, to-ra, to-ra.
Commissioner Dawkins: The old sweat of your brow.
Mayor Suarez: Yeah, the old sweat of your brow. Now, you deem, I think, a
good idea, and, I tend to agree, that to the extent possible to provide
promotional opportunities, to have more supervisory positions. Folks, when
you are out in the street and there is an incident, it's nice to see a captain
out there. Just like it is nice to see a lieutenant or a sergeant, not all
patrol officers. By the same token, this Commission is saying there is also a
trend in society towards less overall, even less than we have now ranking
police officers. So, to the extent possible, I... this Commission, and I tell
you, this Commissioner is saying this right here, less majors and more
captains. Have the captains do what the majors are doing, in the future. So,
as far as I am concerned, Mr. Manager, don't bring back a budget that in any
way increases the number of majors we have. And, in fact, we should be
looking to decrease that number. We should have less assistant chiefs, with
all your respect, less majors, and more captains, more lieutenants and more
sergeants. That's my view.
Commissioner Dawkins: More people on the street.
Mayor Suarez: And, of course, more patrolmen. I mean, everybody agrees on
that. All of society agrees on that. So, if you get some captains out there
patrolling, you are going to see a tot more support. I mean, frankly, not
just for these big events but otherwise. And,. I know that the Chief is
beginning to do that. And, hopefully that will happen more. But, we have
philosophical discussions on this issue which could go on and on and on. At
least, we have some answers back. By the way, what are the ratios? Do you've
them calculated? Within the field operations divisions, what does it work out
to be? And, overall in the department, according to him, it works out to be
about 5 to 1 in the department, according to Plummer, Commissioner Plummer,
four to 1.
174 July 8,1993
Commissioner Plummer: Four to 1.
Mayor Suarez: So, we are not too far apart there. But, what about in the
field operations division?
Asst. Chief Warshaw: While we are computing that, let me give you the answer
about the two officer who are on the beach. We do have two officers on beach
patrol who wear the beach patrol insignia.
Mayor Suarez: Every single day?
Asst. Chief Warshaw: That's because...
Commissioner Plummer: Yeah.
Asst. Chief Warshaw: ...since we closed the beach, there are people who still
choose to go over there, they climb the fence, there is a safety issue, and
that's the reason we have these people over there.
Mayor Suarez: Could you please check out for us? Because, intuitively, it
doesn't make sense that you have to do that every single hour of the shift.
If there is some other way that we can have those people be active in some
other things in our communities, and, then of course, going once a day or
twice a day or whatever number of hours it needs.
Commissioner Plummer: You have patrol over there every day. Regular patrol
goes over there almost every couple of hours.
Mayor Suarez: I thought so. Cause, the Manager and I, one day were 1n the
car and we saw one...
Asst. Chief Warshaw: But, there are people who are using the beach, who
shouldn't be.
Mayor Suarez: ...patrol car heading over there at full speed.
Commissioner Alonso: When are we going to open the beach again?
Commissioner Plummer: I hope they don't.
Mayor Suarez: Why?
Commissioner Plummer: The liability.
Commissioner Alonso: Well.
Commissioner Plummer: The liability.
Mayor Suarez: That's right, let's close all the beaches because of the
liability.
Commissioner Alonso: That's incredible.
175 July 8,1993
Mr. Odio: We are waiting for FEMA (Federal Emergency Management Agency) also
to come up with some money. But, the beach is quite eroded. As a matter of
fact, it is gone.
Commissioner Plummer: It, it, it doesn't exist.
Mayor Suarez: The people who write to us don't seem to think so, Mr. Manager.
They want to go out there.
Mr. Odio: Oh, the wind...
Mayor Suarez: And, do para-sailing, they want to...
Mr. Odio: ...no, does are the wind surfers. But, see, if we open up, then we
have to get life guards, and hire them. And...
Commissioner Alonso: I'd like to have a report on the conditions...
Mr. Odio: Sure.
Commissioner Alonso: ...and, what's happening, and the cost, and FEMA giving
us the funds. And, having it available to the citizens...
Mr. Odio: Yes.
Mayor Suarez: We didn't use to have...
Commissioner Alonso: ...that would like to have it...
Mayor Suarez: Commissioner Alonso, we didn't use to have any life guards out
there in the old days.
Commissioner Alonso: That's right.
Mayor Suarez: It was a free...
Mr. Odio: It was simple.
Mayor Suarez: ...wild and wooly beach.
Mr. Odio: Yeah, the old days were simple. You don't get sue.
Commissioner Alonso: Yeah. I know. And. oeoDle enioved it. We did_
Commissioner Plummer: Now, the only ones out there are the racoons.
Mayor Suarez: What?
Commissioner Plummer: The only ones out there are the racoons. By the
hundreds.
Commissioner Alonso: It was a beautiful beach.
Commissioner Plummer: By the hundreds.
176 July 8,1993
;wyr 1
Mayor Suarez: The dress code was quite interesting out there. I better watch
it or the Reverend is going to get on my back about this. On the item 5A
before us. I entertain a motion.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved. I'll second.
Commissioner Alonso: Second, no, I'll second.
Mayor Suarez: Second, call the roll then.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-442
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE
PROPOSAL OF MORRIS & MCDANIEL, INC., TO DEVELOP AND
IMPLEMENT A CUSTOMIZED ASSESSMENT CENTER PROCESS FOR
THE CLASSIFICATION OF POLICE CAPTAIN, CITY OF MIAMI,
FLORIDA, AT A TOTAL PROPOSED AMOUNT OF $30,000;
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI
POLICE DEPARTMENT GENERAL OPERATING BUDGET, INDEX CODE
NO. 290201-270; AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH MORRIS & MCDANIEL, INC., FOR SAID SERVICES.
(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
Mayor Xavier L. Suarez
NOES: Commissioner J.L. Plummer, Jr.
ABSENT: Vice Mayor Victor De Yurre.
177 July 8,1993
52. (Continued) DISCUSSION CONCERNING PRIOR RESOLUTION AUTHORIZING EXECUTION
OF AGREEMENTS WITH NEIGHBORHOOD BASED HOUSING COMMUNITY DEVELOPMENT
CORPORATIONS. (See label 22)
------------------------------------------------------------------------------
Mayor Suarez: Dr. Godoy do you want to come up, and then David Alexander?
I Commissioner Alonso: Mister, you called an item? What... Oh.
j Commissioner Plummer: Is this item 17?
III{ Mayor Suarez: It was item 10, it was tabled from the morning.
Commissioner Plummer: Are we on 17?
Mr. Cesar Odio (City Manager): Item 10.
Commissioner Plummer: Dave Alexander?
Mayor Suarez: No Dr. Godoy is item 10.
Commissioner Plummer: Oh.
Mr. Odio: No, no. Alexander is 10, with the property purchase.
Commissioner Alonso: Ten, I would like to bring back CA-1 if I may.
Commissioner Plummer: No, OK. To what?
Commissioner Alonso: CA-1 at one point.
Mayor Suarez: All right, well since you are up in the microphone. Actually
it would had made more sense to take David first. But, go ahead Mr. Godoy.
Commissioner Alonso: Yes, that's item 17?
Roberto Godoy: Seventeen.
Mayor Suarez: What did we do? We passed the whole allocation but we didn't
deal directly with the...
Commissioner Alonso: Include them.
Mr. Odio: There were three organizations left out.
Commissioner Dawkins: We did. We did deal directly with it. We deleted it.
Commissioner Plummer: That's right. We deal...
Commissioner Dawkins: Yes, sir. We did, we did deal directly with it, we
deleted. No, we did not table it. We deleted it, Mr. Mayor.
178 July 8,1993
Commissioner Plummer: Mr. Mayor, for your edification, it became obvious when
I asked the question who the new group was with Mr. Godoy, and comes to find
out the he and Mr. Quesada had split company...
Mayor Suarez: Ah.
Commissioner Plummer: ...and, because of that, they now are looking for
individual rather than one lump sum. And, that was the reason it was
withdrawn, was additional forty thousand dollars.
Mayor Suarez: I think that 1n view of that, maybe you ought to do...
Mr. Odio: We need to...
Mayor Suarez: Unless somebody wants to try to take the item up. There may
not be a consensus up here. You might want it to...
Commissioner Alonso: It was included among the groups.
Mr. Odio: But, it was deleted.
Commissioner Plummer: Yes, three Items were deleted, Mr. Mayor.
Mr. Odio: They were deleted.
Commissioner Plummer: This one, the Neighborhoods, by Commissioner Dawkins,
and there was one other.
Mr. Odio: Wynwood.
Commissioner Plummer: Wynwood, by the Manager.
Commissioner Alonso: Wynwood.
Mayor Suarez: OK.
Unidentified Speaker: Your friend.
Commissioner Plummer: Who's my friend?
Mayor Suarez: I think that you are going to brief each Commissioner as to the
implication of the...
Mr. Odio: Yes...
Mayor Suarez: ...of a split with Carlos Rodriguez-Quesada. And, see what the
strength of the organization is now.
Roberto Godoy: OK, my name is Roberto Godoy.
Mayor Suarez: But, not today, not today. I think that you are going to have
to take time to go individually with each of our staff and convince us that...
179 July 8,1993
Mr. Godoy: Not to reconsider...
Commissioner Alonso: And, then it can come back.
Mayor Suarez: I don't think, I don't think you are going to get a vote today,
because the Commission thinks that we ought to be more fully briefed,
individually briefed of that split and what it means. I thought you were
still with Carlos Rodriguez-Quesada.
Commissioner Alonso: No, he is not.
Mr. Godoy: What you say Mayor, not to reconsider this occasion.
Mayor Suarez: I don't think today...
Commissioner Alonso: What....
Mayor Suarez: Because, I don't think we have a consensus up here.
Commissioner Alonso: What, what he is saying...
Mayor Suarez: Two commissioners want to... Do you want to try it?
Commissioner Alonso: Yes, but, if we don't have the support, I'd rather, you
do not push for an answer today. Perhaps, if you visit with the members of
the Commission, maybe you will be able to get the votes. It seems you do not
have the support today. So, I think you will be better served by coming back
to us.
Mr. Godoy: But, don't you allow me to say a few words?
Commissioner Plummer: It's been deferred.
Mayor Suarez: The thing is that, that...
Commissioner Alonso: I'll be happy to listen. But, I don't know what the
rest...
i Mayor Suarez: Rather than argue, Vice Mayor would like you to go ahead and
+ maybe make sense for us to hear you rather than argue with you. Go ahead.
Mr. Godoy: Well, my name is Roberto Godoy. I am the executive director of
Model Housing Cooperative. One of the biggest problem that the City of Miami
has at the present time is that the low income rental people, cannot afford to
continue paying the 81 percent increase in their rentals. And, as we are
fighting...
Mayor Suarez: You said 81 percent?
Mr.Godoy: Eighty-one percent in accordance to the Federal Census, and
fifteen, that is from between and 180 and 190, and between 190 and 193 after
the hurricane Andrew, has been published in the Miami Hera.ld another 13
percent. So, that is a total of 93 percent. If those working low income
families, continue having to pay such increase, they will become homeless.
180 July 8,1993
That is working people that will become homeless. There is a solution. That
is the cooperative housing. I have a study and work on this matter, and I do
not believe that there is anybody in the State of Florida, not in the City of
Miami, that knows how to handle this matter. In fact, right now, the Governor
of Florida, as there is a letter there, is agreeable that Model Housing
Cooperatives work on this problem. And, the Dade County in connection with
the approval of the legislature, that has given 26 million dollars, have
included specifically Model Cooperative Housing and 501 C-3 tax exempt. Then
as I was not here, on account of sudden illness, and that's the the only
thing. Because, it is also recommended by the Department of Development and
Housing Cooperative. Yes, a few dollars, $40,000 for a problem of millions to
be able for office expenses. I do not see, and the only explanation is that I
was not here. And, I was confused, maybe with other programs. Therefore, I
need right now, to have those office expenses because otherwise, this program
will be difficult to go ahead.
Mayor Suarez: How many units does the Florida Housing Cooperative now have in
operation, Mr. Rodriguez-Quesada's program, the one that you used to be
affiliated with?
Mr. Godoy: Well, when I used to be with Rodriguez-Quesada, in the first two
years, they maintain, I got 10 units.
Mayor Suarez: OK, there are 10 units in operation. What I want my staff to
do, and there is a young lady that I just told, she speaks English and
Spanish, Lisa, if you would, if she would go out and see what your operation
looks like and reports back to me. I am not in a position to vote today.
I've got one of my colleagues, apparently, at least or more, who have doubts
as to your ability. See, your intentions, we do not have any problems with.
Your ability to do something, so we don't just give you money for
administration and then there is no units at the end of all of that, is what
worries us. So, we... I am going to have in my case, my staff, make a visual
inspection, of anything that they can see as to what your intentions are, your
actual operations. Apparently, Commissioner Alonso, is already sufficiently
aware. I am not, Mr. Godoy, or Dr. Godoy. So, I am going to have to do that
for my vote. So, I don't suggest that you put this to a test today, when you
vote. Yes, Commissioner Dawkins.
Commissioner Dawkins: It's the same...
Mr. Godoy: That means...
Commissioner Dawkins: ...same thing, the speech that you are making now, you
have made it here on 3/13/87, and you got $37,000 with the same speech;
nothing since then; 4/9/87 you made the same speech, you got $38,000. 5/9/85
you made the same speech and you got an additional $15,000; 4/12/90 you made
the same speech and got $300,000; 10/25/90 you made the same speech and you
got $10,000; 2/14/91 you made the same speech and got $288,640.00; 7/11/91 you
made the same speech, no I am sorry Mr. Quesada, because you were no longer
there, and got $43,270.00 for a total of $716,910.00. And, you don't have a
unit.
Commissioner Plummer: Can I get a copy of that speech?
181 July 8,1993
TM
Commissioner Dawkins: Yes.
Mr. Godoy: Let me... Let me clear out...
Commissioner Dawkins: No, no, you can't clear out. I am trying to tell you.
Mr. Godoy: Let me speak.
Commissioner Dawkins: I will support Mr. Quesada to the nth degree. But, I
am not going to allow you to get angry with Mr. Quesada and pull out and try
to do the same thing over. And, tell me that I have to give you $40,000 so
that you can satisfy your selfish ego.
Mr. Godoy: Sir, you are referring to Mr. Carlos Rodriguez-Quesada, and not to
Mr. Roberto Godoy. Roberto Godoy tried to help Carlos Rodriguez-Quesada as
much as possible and at the beginning was doing. And, for many other reasons,
I was able to get out from there.
Mayor Suarez: All right.
Mr. Godoy: It is very different.
Mayor Suarez: This is like a marriage that we have been supporting and now
the marriage is split and we are not sure that either side on its own can make
it. So, in my case, I have to get more information.
Commissioner Plummer: Can we go on to the next Item please?
Mayor Suarez: All right, thank you for your presentation.
Mr. Godoy: You...
Commissioner Plummer: Mr. Manager...
Mayor Suarez: There is no action on your Item which is better than a negative
action, OK.
Mr. Godoy: I really believe that the Mayor, Mr. Dawkins, Mr. De Yurre, Miriam
Alonso and Plummer knew who is Roberto Godoy and knew all that has been doing.
And, right now the possibilities that I show from the Governor and from all of
Dade County to create hundreds of units and now...
Mayor Suarez: I know that you have good intention. But...
Mr. Godoy: ...for $40,000...
Mayor Suarez: ...that's not enough.
Commissioner Dawkins: How many pieces of property do you have in hand now,
to put units on?
Mr. Godoy: Right now?
182 July 8,1993
Commissioner Dawkins: Yes, how many pieces of property you got on hand to put
units on?
Mr. Godoy: I am working to get over 200 units, including some, a number of
parks that has been devastated by Andrew.
Commissioner Dawkins: Where?
Mr. Godoy: I have all the data, I have to pick up everything, I have to go to
the Legislature, I have to present all of that. I can show you thousands of
letters that I have...
Commissioner Dawkins: How many parcels of land do you have in hand to build
units on in hand?
Mr. Frank Aravitarte: Mr. Dawkins, excuse me, I am the realtor who is working
with him. At the present time, we got...
Mayor Suarez: You got to put your name on the record since...
Mr. Aravitarte: ...we got two contracts on the works. We are supposed to get
an answer on one of the units in the next week, in the next day or so.
Mayor Suarez: Put your name in the records please.
Mr. Aravitarte: I am Frank Aravitarte from Realty.
Mayor Suarez: The problem is, the problem is...
Mr. Aravitarte: And, at the present, at the present...
Mayor Suarez: ...that just like you are a realtor, and he is a very nice man
that we know for many years ago, we don't doubt your motives. We don't doubt
that you want to sell property to him. That's how you make a living. We
don't doubt that he wants to build these units. The question is - can he do
it? And, I am not ready to vote. Apparently, the Commissioner is wondering
about...
Mr. Aravitarte: No, what I am saying for the record, that the present time
working, in fact, working in a contract which is supposed to be signed. It's
on twelve avenue and about 4th street, and another one in Overtown.
Mayor Suarez: That there helps. Having a contractor, at least, gives us an
idea that you might be able to perform.
Mr. Aravitarte: No, no, that's what I am saying. There's is two that you
be...
Mayor Suarez: But, you don't have that yet. He's not been able to say that
yet.
Commissioner Plummer: Sir, may I ask you a question? You have a contract,
what dollars are you going to use to pay for it?
183 July 8,1993
Mr. Aravitarte: That's a...
Commissioner Plummer: He's saying the forty thousand.
Mr. Godoy: He have two contract.
Commissioner Plummer: Excuse me. He is saying that the forty thousand
that
he is asking for is for office expense for the year.
Mr. Aravitarte: No, but I'm, I am only saying cause Mr. Dawkins says what
do
you have, and...
Commissioner Plummer: I understand, I understand your answer there,
sir.
There's two parcels that you are working on.
Now, my question is, what dollars are you going to use to execute and pay for
these contracts?
Mayor Suarez: You don't know. The answer is, you don't know.
Mr. Aravitarte: I don't know, that comes from...
Commissioner Plummer: You don't know. Mr. Godoy?
Mr. Godoy: We have contracts already signed for twelve units.
Commissioner Plummer: Where is the money coming from, sir?
Mr. Godoy: It's coming from the program what they call CHDO, C-H-D-O.
That
has already been approved, $90,000 from CHDO has already been approved
for
those two buildings.
Commissioner Plummer: Well, I'll appreciate, Mr. Godoy, when you come
back
that you bring us copies of those programs which I've never heard of,
and,
copies of the contracts which are a potential to buy.
Mayor Suarez: All right, as to the review that I am about to engage in, be
sure when you look at those contracts, and this is not to try to take any
money away from the broker, that if in fact, he cannot buy the properties, he
doesn't lose any of the deposit monies to a commission for a contract that is
not carried out. I don't know who advises you legally. But, you got to make
sure you don't lose any of the money that we will give you for administration
and deposits that then go to Realtor's commissions...
Commissioner Plummer: Mr. Mayor, did I under...
Mayor Suarez: And, this is not in any ways meaning to be derogatorily by
realtors. Yes.
Commissioner Plummer: Did I understand that this is a 501-C3?
Mayor Suarez: yes.
184 July 8,1993
Commissioner Plummer: That means more property off the tax rolls. I do
know... I don't know where it's going to stop.
Mayor Suarez: This is...
Commissioner Plummer: I am petrified of this.
Mayor Suarez: This is a philosophical discussion that we have up here. If we
can make affordable housing available to people even if we have to lose...
Commissioner Plummer: Where are you going? You have no place to go.
Mayor Suarez: Actually, most of our, most of our projects involve ultimately
buying the property, which means that it goes right back to the tax rolls,
from the nonprofit. Now, a cooperative...
Commissioner Plummer: I don't know, Mr. Mayor. That's what I am...
Mayor Suarez: ...I think it's taxable. I think, J.L., I think it's taxable.
Commissioner Plummer: ...All I am saying is, I'm getting extremely concerned
about tax exempt property in this City.
Commissioner Alonso: Mr. Manager, could you answer that?
Mayor Suarez: Now, what's the answer, does any body know as to the prior one?
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Suarez: The Florida Housing Cooperative, the 10 units, are those
taxable, real estate taxes?
Commissioner Alonso: Mr. Manager, they have many more than 10 units. They
do.
Commissioner Plummer: You know what that is? No, no, do you know what that
is? That's a Bill Clinton money clip after taxes.
Mayor Suarez: Are does taxable? Real estate taxes?
Commissioner Alonso: Do they pay taxes? That's what I thought. They pay
taxes.
Mr. Odio: They pay taxes. They pay taxes, yes.
Mayor Suarez: They do. Commissioner Plummer, they do pay taxes.
Mr. Jeff Hepburn: They do pay taxes, yes.
Commissioner Plummer: Oh, yeah, yeah, I remember.
Commissioner Alonso: They pay taxes.
Mayor Suarez: All right.
185 July 8,1993
Mr. Godoy: We have yours...
Mayor Suarez: No, no, that solves it, that solves it. That helps you case.
Commissioner Plummer: You are saying the people that purchase the property
pay taxes?
Mayor Suarez: And the cooperative as a whole.
Commissioner Plumper: But, you see, that's nice. But, let's use the other
one. The one at Tenth and Flagler that the other party has been involved in,
has been in their 5OC4, how many years? Five years, six years? Oh, what was
all this money given for?
Commissioner Alonso: How long...
Commissioner Plummer: it's tax exempt when it's there.
Commissioner Alonso: ...the property in Flagler and Ten? Three years?
Mayor Suarez: Well we started giving money about 5 years ago. But, it...
Commissioner Alonso: Three years?
Mayor Suarez: ...was finally built...
Mr. Jeff Hepburn (Assistant City Manager): Three years ago.
Commissioner Plummer: How long has it been in their, in their tax exempt
status?
Mr. Hepburn: No, they still... That's why we have to pay the tax bill. They
pay taxes.
Commissioner Alonso: They pay taxes.
Mr. Hepburn: They still have to pay taxes.
Commissioner Plummer: But, they don't pay them. OK, they have to pay them,
but, they don't.
Mr. Hepburn: Yeah, but, that's right.
Mr. Hepburn: Two years.
Commissioner Plummer: Yeah, but, that's a double shot.
Commissioner Alonso: This is one... The tax two years?
Mr. Hepburn: Two years of taxes, OK.
Commissioner Alonso: Two years, OK.
186 July 8,1993
Mayor Suarez: OK.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: All right, yes, sir.
Commissioner Plummer: ...I just continue to express, sir, that we have 4
billion of our assessable base as tax exempt.
Mayor Suarez: That's why we have that committee. That's to make sure we get
some good appointees...
Commissioner Plummer: And, we just cannot continue to have, provide municipal
services when everything is free. I don't know how we are going to do it.
Mayor Suarez: All right.
Mr. Godoy: It is a bit...
Mayor Suarez: No, no, that's, that's the Commission philosophizing on that
issue. Roberto, please, please, have a seat.
Mr. Godoy: ...Well, you will allow me to say a few words to close.
Mayor Suarez: You mean you are not finished, yet?
Mr. Godoy: Uh?
Mayor Suarez: All right, finish up, please.
Mr. Godoy: it is a pity that cooperative housing is not done in Florida. As
there is over 500,000 in the balance of the United States. And, myself, who
have gone to all those conferences...
Mayor Suarez: But, that's, that's overstating the argument. Why do you say
that all the time? Just, like Commissioner Dawkins said, you have been saying
that for 5 years. And, each time it's a criticism of our approach. Our
approach is that we don't mind to have housing cooperatives. We prefer for
people to own their own units and their common elements in what is really a
low cost condominium. We have done 1500 of those, or rentals. But, you keep
arguing that housing coop is the only way to go. Instead of arguing that it
is a good way to go, you keep telling us that it's the only way to go. And,
in the process, you make it sound like every other affordable housing effort
we are making is not a good one. Why do you do that?
Mr. Godoy: It is that you confuse, and Mr. Dawkins confuse. And, I must not
be responsible for whatever Mr. Carlos Rodriguez-Quesada has done.
Commissioner Plummer: Victor, did you say a couple of words? Did you say a
couple of words?
Mayor Suarez: Housing cooperatives are one solution to the affordable housing
crunch in the United States. They are not the only solution, Roberto. And,
if you keep insisting that it is the only solution you are going to lose my
vote.
187 July 8,1993
Mr. Godoy: It is not the only solution, but, one of the biggest solutions.
Mayor Suarez: Yes, well, in other parts of the country. Here, we are...
Commissioner Alonso: We have been supportive of it, Mr. Mayor. We've been
supportive.
Mayor Suarez: We just want to make sure that you can build them.
Mr.. Godoy: And, I will demonstrate. I am sorry I don't have the millions
that I had in Cuba, where I delivered two thousand... If I would have here a
half million dollar, I would not be asking the Commission or anybody to do it.
Commissioner Alonso: Dr. Godoy, also I think it is important that you
understand that the... whatever action this Commission takes on the $40,000 it
will not prevent your asking for funds of other sources of the City of Miami
to do exactly what you are talking about. And, still funds are available for
this purpose. So, this doesn't mean that, I do not know what action this
Commission will take when you come next time, but, it will be a separate issue
from your being able to obtain other fundings that might be available through
Federal funding that the City of Miami receives. So, we are not closing any
doors. I wanted you to understand.
Mr. Goody: The only, the $40,000 I am requesting, is because I need an
assistant...
Commissioner Alonso: I don't... I understand.
Mr. Godoy: ... and another secretary. I am already...
Mayor Suarez: And, that's... Wait sir, that's what worries us.
Commissioner Alonso: That's exactly...
Mr. Godoy: I am already 80 years old, and I could sit down and forget what...
Mayor Suarez: Well, in this particular case you are going to have to sit
down. In fact, that's the very next thing that is going to happen here. All
right.
Mr. Godoy: ...the City of Miami. But, I believe that the City of Miami has
given me something. And, I believe that you knew me. Thank you, sir.
Mayor Suarez: Mr. Gonzalez-Goenaga, you can sit down, too.
Commissioner Plummer: Next week.
Mayor Suarez: All right, there are two people that are very interested, in my
staff, in going, Roberto, to see your office and you project. Convince them
and they'll convince me, please. OK, they are right there, right outside the
door.
Commissioner Alonso: They are waiting at the...
188 July 8,1993
Mayor Suarez: They are waiting for you.
Commissioner Alonso: They want to talk to you.
Mayor Suarez: The young lady and... Both are going to be attorneys, one is
an attorney already and they can advise you. And, advise me for my vote.
David Alexander. Thelma Gibson.
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53. (Continued discussion) EXECUTE AGREEMENT WITH CHARLES H. MOON, JR., FOR
PURCHASE OF CITY PROPERTY AT 3659 GRAND AVENUE IN CONNECTION WITH
COMMERCIAL / RESIDENTIAL DEVELOPMENT OF PROPERTIES SURROUNDING THE TIKI
CLUB PROJECT. (See labels 16 & 22)
------------------------------------------------------------------------------
Mayor Suarez: Mr. Manager, I am sorry, Commissioners, colleagues, I don't
want to rehash anything that took place this morning on this issue. I just
hope that we can get a sense of this Commission of how important this project
is...
Commissioner Alonso: Very. Very important.
Commissioner Plummer: Mr. Mayor. If I may bring out a point.
Mayor Suarez: ... and, if there is anything that we can do today to advance
it, that we do it, Commissioner Plummer. Because, this has been 8 years in
the making or 9 years.
Commissioner Plummer: Mr. Manager...
Mayor Suarez: And, I think it's awfully close. And, I would want the fact
that some properties cost a little more than we anticipated to hold the
project. If that is what is holding it up. Maybe I am missing something
here. But, I can't imagine that being, you know, an impediment to something
as important as this.
Commissioner Plummer: Mr. Manager, Mr. Alexander came to me during the lunch
break. And, informed me that the money which was allocated here is not the
money that was set aside for him last year. That that money that was set
aside is in a different pot. Now, do you know what pot that's in?
Mr. Frank Castaneda: Commissioners, at the last Commission meeting we
discussed a loan that had been made by the City to GUTS for half a million
dollars.
Commissioner Plummer: Yes, sir.
Mr. Castaneda: Of that amount two hundred and eighty-three thousand dollars
had been spent and there was a balance of two hundred and seventeen thousand
dollars.
189 July 8,1993
Commissioner Plummer: Yes, sir.
Mr. Castaneda: The Commission requested us to reduce the note to the two
hundred and eighty-three thousand dollars level and to use that funding to
acquire and assist in the redevelopment of that project. We were instructed
to proceed to obtain appraisals on that property and to try to negotiate a
purchase price on that property. We have not reached that agreement on the
purchase price. And, we are here. That's the status. The amount of money in
there is two hundred and seventeen thousands dollars.
Commissioner Plummer: So, what is Mr. Alexander saying, that he want
additional monies?
Commissioner Alonso: No.
Ms. Thelma Gibson: I'm Thelma Gibson. I am sorry I couldn't be here this
morning. I live at 3661 Franklin Avenue in Coconut Grove. And, I am on the
Advisory Board of the LDC (Local Improvement Corporation). And, what has
happened is we need that apartment in order to have ingress off of Grand
Avenue into the parking lot that off-street parking is going to be doing for
use The property is being appraised by the City at a hundred and three
thousand dollars. What we are saying is, because it is HUD (Housing and Urban
Development) money, we understand that, you can't go over that. But, if you
would release the money to the LDC so that we can go forward with this, we
will try to get the additional monies from somewhere else, from one of the
banks, or somebody who's been willing to loan us money in the past. And, what
we are asking...
Commissioner Plummer: Is that another piece of property that is going to come
off of the tax rolls?
Mayor Suarez: No, this is the one... This the one economic development
effort of the City that is going to be clearly for profit. This and I think
Z-Mart and a very few others.
Commissioner Plummer: Is that true?
Commissioner Alonso: Yes.
Commissioner Plummer: Is that true, Thelma?
Ms. Gibson: We really... no, this will be... It's an apartment house and
there are some businesses there and we will be paying taxes. It will not
come...
Commissioner Plummer: Who will own the property?
Ms. Gibson: The LDC, which is the Local Community Development Corporation.
Commissioner Plummer: Why wouldn't the City own the property?
Commissioner Alonso: Because we would not pay taxes.
190 July 8,1993
Ms. Gibson: I think we went through this, Commissioner, before when we were
here back in November.
Commissioner Alonso: Very much so, last time.
Ms. Gibson: And, we you all agree that it should go to the LDC. Anything
that goes to the LDC will eventually come back to the City if there is no
longer an LDC. Anything that belongs to Gibson or Memorial Fund, the State
will decide what happens to it if there is no longer a Gibson... The same
thing applies, Commissioner. And, all we are asking for...
Mayor Suarez: And, the ingress and egress you are talking about Thelma is to
go into the parking tot which is going to serve the...
Ms. Gibson: The Tiki, the Tiki Club.
Mayor Suarez: ...the big project.
Ms. Gibson: In addition to that, we need the soft cost to get Coco, the
people to construct it, to do the work that they are going to be doing.
Mayor Suarez: How are we doing on Constructo to put in any cash into this?
Ms. Gibson: Not at this point.
Mayor Suarez: I think we ought to go back. I have.. remember the specific
pledge by Mr. Petri of some cash to help the project get done.
Ms. Gibson: But, this is, this is soft cost to just get us to the point that
we want to get to. So that they will...
Mayor Suarez: Well, if it's cash, you can use it for soft or hard or any
other kind of cost. Because, that is the most fungible of all the goods that
we have here. And, that commitment, he better not back down on that.
Mr. Gibson: We would try not to allow him to do that.
Mayor Suarez: I would release the money to the LD... I am sorry?
Ms. Gibson: We would try not to allow him to do back out on that.
Mayor Suarez: Yes, yes, ma'am.
Ms. Gibson: But, what we need it to get started.
Commissioner Alonso: I will move that we approve as presented to us and we
release the funding to them. So, this project can move ahead finally. So, I
so move.
Mayor Suarez: So moved.
Commissioner Alonso: Yes.
191 July 8,1993
Commissioner Plummer: Clarification. I'll second it for discussion. Are you
talking about releasing the entire two -eighty-three? Or, just the money...
Ms. Gibson: No, no.
Mr. Castaneda: Two seventeen.
Commissioner Alonso: No, no, we are not talking about that...
Ms. Gibson: We would do it the same way.
Commissioner Plummer: Are you talking about the two seventeen or just the
money for the acquisition of the property?
Ms. Gibson: The whole thing. With the two seventeen needs to be released so
that staff, they won't give it to us, believe me, we won't get a penny of that
money. They will pay it directly to the people that we are going to be
purchasing from. The two hundred eighty three that we spent, we never saw a
dime. The monies went directly to the...
Mayor Suarez: Line assembly.
Commissioner Dawkins: But, are we... I am lost. This morning, you were
going to purchase property and give it Mr. Alexander to collect rent off of.
Now I hear you saying... I hear it said that you are going to purchase
property to have... make a parking lot of something and have egress in off of
it. Does that mean that what's on it, you are going to push it down?
Ms. Gibson: Sorry, Commissioner, no. There are two lots there, and one of
them is already a parking lot for the people that live in the apartments in
that building. We will not, we will improve the building, we will not be
tearing it down. What we need though, 1s to be able to go through there to
get into the parking lot so that all of the traffic will not come in and out
on Florida Avenue.
Commissioner Dawkins: Where will the money come from? We are using all the
money we have to acquire the property, where is the money going to come from
to rehab the property?
Ms. Gibson: Well, we are hoping that we'll get some of the monies that are
coming down for CDC (Community Development Corporation).
Commissioner Dawkins: OK, but why don't we...
Commissioner Plummer: Where?
Commissioner Dawkins: ...just wait until we get that money and give everybody
everything?
Ms. Gibson: Because, then...
Commissioner Plummer: Coming down from where?
Ms. Gibson: Because, then...
192 July 8,1993
7'
Commissioner Plummer: Coming down from where?
Ms. Gibson: The new monies that are coming in hopefully.
Commissioner Plummer: Pennies from heaven.
Ms. Gibson: Well, you know we have to be... have faith and believe that it's
coming.
Commissioner Plummer: In Clinton?
Ms. Gibson: Please.
Commissioner Plummer: Yeah, yeah.
Ms. Gibson: Don't, let's not, I'm not.
Commissioner Plummer: Now, Thelma, wait a minute, wait, wait...
Ms. Gibson: Please don't make me become a politician today.
Commissioner Plummer: You know what this is? You know what that is? That's
a Bill Clinton money clip after taxes. Don't hold your breath.
Ms. Gibson: OK, we're, it's going to come. We are going to...
Mayor Suarez: All right, so that we don't get into the philosophy of whether
President Clinton is or is not doing a good job. You need to assemble the
land. We -hopefully will get the project going. At worst, we will end up with
the land in our hands. And, that's not the worst that we've ended up with
CDBG money. And, I can't see...
Ms. Gibson: You'll get not only the rent, but, we'll have businesses going on
in that same building, in the apartment buildings.
Mayor Suarez: And, of course, in this particular case there will be actual
economical activity going on.
Commissioner Dawkins: Are you going to put a time limit on this of one year
if they don't get anything done tomorrow...
Mayor Suarez: I think it's a great idea.
Commissioner Dawkins: ...and, the land has to go back to the City of Miami?
Commissioner Plummer: I agree.
Commissioner Alonso: I think it is.
Mayor Suarez: Great idea. We've got to have a time limitation. What that...
Ms. Gibson: But the monies need to be given to us now, right?
193 July 8,1993
Mayor Suarez: Yes.
Commissioner Alonso: Yes.
Mayor Suarez: Yes. On...
Commissioner Alonso: Commissioner...
Mayor Suarez: Do you want to attach that to your motion, Commissioner Alonso?
Commissioner Alonso: Yes, I would. I would like to have some indication what
seems reasonable to this Commission? Do you want to state...?
Commissioner Plummer: I can't do that. I have already cut two.
Ms. Gibson: I, I, we would go along with the year. We hope that we'll
have...
Commissioner Alonso: One year? OK.
Ms. Gibson: ...something going by then, just to get, be sure that we've
gotten started.
Commissioner Plummer: I'll try, leave them here, OK.
Commissioner Alonso: All right, I attach that to my motion. I have no
problem with that. One year limitation.
Commissioner Plummer: OK, fine. Are we calling collect?
Mayor Suarez: OK, we have a motion and a second? Do you accept the
modification?
Commissioner Plummer: Yeah, the one year, fine.
Mayor Suarez: Right, the one year limitation. So moved and seconded. Any
discussion? If not please call the roll.
[AT THIS POINT, THE CITY CLERK BEGAN ROLL CALL.]
Commissioner Dawkins: Are you transferring the deed to them before the year
is up, before they get the money? Or, are you giving them the deeds of the
land the minute you purchase it? I need that for clarification.
Commissioner Plummer: We got to give it to them to collect taxes. If we keep
the deed ourselves we can't collect taxes.
Commissioner Dawkins: I vote yes. I just needed clarification.
Commissioner Plummer: I said fine.
Mayor Suarez: OK, is the answer clear? Should we kind of not whisper it
there. Cause the Vice Mayor want to know the answer nice and clearly on the
record.
194 July 8,1993
i rrr'
Ms. Gibson: I think that the Vice Mayor, we will be the owners. The LDC will
be the owners of the property and we will pay taxes. If at any point we
default, then 1t goes to the City. And, there is no question in my mind about
that.
Mayor Suarez: OK.
Commissioner Plummer: Well, let me ask this, would 1t be fair that this thing
be on a lease arrangement for twenty years, ten, ten years, and ten years.
What happens if the City needs that property after ten years. Are we going to
be in a position where we are going to buy it back?
Mr. Castaneda: Commissioner...
Commissioner Plummer: You know what I am just saying if that were to be the
case.
Commissioner Alonso: After they develop?
Mr. Castaneda: Commissioners, what I can put is, it's a mortgage that I have
done in the other properties that we've acquired, Which it is a grant loan.
It converse to a loan if they change the use or it's an improper use or
whatever.
Commissioner Plummer: That's not my point, Frank. In that particular locale
of that corner, OK. In ten years from date the City finds a dire need for
that piece of property. We paid for it. Wouldn't it seem logical that we
could acquire it back at no cost?
A. Quinn Jones III, Esq. (City Attorney): Couldn't you put a restriction on
the deed?
Commissioner Plummer: That's what... Not necessarily a restriction, but, a
renewal is what I am saying.
Commissioner Alonso: Commissioner, but that is not fair.
Vice Mayor De Yurre: Mr. Mayor, let me suggest the following...
Commissioner Alonso: How could you possibly take the project away in ten
years?
Vice Mayor De Yurre: If I may?
Mayor Suarez: Yeah, I guess if it is part of a project that...
Commissioner Plummer: Twenty years?
Mayor Suarez: ...that is expected to live for a long time, that may not be
the way to do it. But, Mr. Vice Mayor, do you have any idea in how to solve
this, cause...
Commissioner Plummer: OK, it's apartment houses.
195 July 8,1993
Commissioner Alonso: Ten years is not a long time for a property.
MS. Gibson: I just don't want us to forget that this is for the community not
for any individual.
Mayor Suarez: I know, I know.- But, let's see if we have a solution because
we can, can argue the philosophy anytime.
Vice Mayor De Yurre: J.L. has a concern which we all share, is that we are
giving property that is getting off the tax rolls and...
Commissioner Alonso: No, no...
Vice Mayor De Yurre: ...more and more is less money we make.
Commissioner Alonso: They are going to pay taxes.
Ms. Gibson: You know, on that corner of Grand and Douglas we pay taxes for a
service station...
Vice Mayor De Yurre: Yeah, when ever you guys want me to finish speaking,
I'll go ahead.
Ms. Gibson: ...that's been, the service station was knocked down five years
ago, and we still pay taxes.
Mayor Suarez: Wait, wait, Thelma, he is saying that the concern is...
whatever the concern is. What solution do you have Commissioner, Mr. Vice
Mayor?
Vice Mayor De Yurre: What I am saying is that we buy the property. We hold
on to the property which is not the concern that we have. We give them an
option. The option is two hundred dollars a month, which amounts to twenty-
four hundred dollars. We get our money. We get more than our money, because
we only get a thousand dollars anyway.
Commissioner Plummer: That's fine. That's fine.
Mayor Suarez: No, in this case we can't do it for the other reason that was
given before. We need to give them the ability to have a Coconut Grove LDC...
be the agent of all of this for reasons of the appraisal etc.
Vice Mayor De Yurre: So, you give them the option. They have the rights to
the property for a dollar for a twelve month period.
Mr. Odio: The problem is simple. They have to buy the property, because, we
would only be able to pay appraised value. They can pay more than the
appraised value. That's as simple as I can state it.
Vice Mayor De Yurre: Why would we want to pay more than the... we talked
about a hundred thousand dollars?
196 July 8,1993
Mr. Odio: Well, but that is the point. That we cannot, but they can pay a
little bit more. We have to go by appraised value because it is HUD money.
Commissioner Plummer: How much more?
Mr. Odio: I don't know how much they are going to pay. But, we...
Mayor Suarez: Don't say how much more because that takes away the bargaining.
Vice Mayor De Yurre: But, hold it, aren't we in this item number 10, aren't
we the City buying it?
Mr. Odio: Yes, but that is what we are changing now. What we are changing
now is saying give them the money, the money that 1s in the account...
Commissioner Alonso: Yes, and what we should say in the record is that the
City is not anxious to pay any price higher than...
Mr. Odio: Than this.
Commissioner A1on-so: ...than what we are talking. We have no interest
whatsoever on that property. Let's make it very clear so that people don't
get confused out there.
Vice Mayor De Yurre: And then, are we going to be putting ourselves that we
were this morning with the other group that we gave in the same position two
hundred and eighty-eight thousand dollars. Now we have to give them another
forty eight thousand dollars, and we had to give them another thirty thousand
dollars before cause we don't own the property. Is that what we are trying to
do again? Hello.
Commissioner Dawkins: And, we are paying the taxes.
Vice Mayor De Yurre: Hello, can I help you?
Mr. Odio: No, not what you are doing.
Ms. Gibson: I don't think so.
Vice Mayor De Yurre: No, right, well?
Mr. Odio: What you are doing is, you are giving them the monies that were
assigned to them. They are going out to buy the property...
Vice Mayor De Yurre: Yes.
Mr. Odio: ...And, under the LDC money.
Vice Mayor De Yurre: Ah-huh.
Mr. Odio: If they happen... if they don't pay and they don't build or
whatever in a year, the land reverts back to the City.
Vice Mayor De Yurre: Isn't that the same thing as the other one?
197 July 8,1993
Mr. Odio: No.
Vice Mayor De Yurre: Now, Frank, he is nodding his head yes.
Mr. Odio: What do you mean the same?
Vice Mayor Be Yurre: Yes.
Mr. Odio: Because if you are going to nod your head, do it over here so that
I can see it. OK.
Mr. Castaneda: Commissioner, let me clarify one issue. Whoever buys the
property, you have to pay a reasonable price for the property. And, whether
Thelma is buying it or Coconut Grove LDC or the City is buying it, since HUD
dollars are involved, you are going to have to pay a reasonable price for the
property. What, they are asking is for 217,000 to be allocated and for us to
negotiate with the owner in order to determine the reasonable price.
Vice Mayor Be Yurre: Now, hold it, two seventeen where did that number come
from now?
Mr. Castaneda: Now...
Vice Mayor De Yurre: I thought we were talking about a hundred and three?
Mr. Castaneda: Did that... Two hundred and seventeen is the amount of money
that is left in this thing. And, that is what they are requesting to be
reallocated to them.
Vice Mayor De Yurre: What, then what does it have to do with hundred and
three thousand dollars, Frank?
Commissioner Plummer: But, you know, you know I have got a problem here.
Ms. Gibson: This was done in November. Wait, wait wait. This was done...
Commissioner Plummer: I am sorry Thelma I've got a problem. You know I don't
like playing slight of hand and I am sure not going to play it with the
Federal Government. I think that what you tell me on the record or off of the
record, I need to know what is the total price going to be paid for that
property. OK, or what you anticipate paying for that. Because, I've got to
know that because he is sitting here and he is making...
Mayor Suarez: If you put a cap on it right now, the owner is going to want
the cap.
Commissioner Plummer: Mr. Mayor, I said on the record or off the record.
Ms. Gibson: We..
Mayor Suarez: If you say a hundred and one thousand dollars for... He'll say
a hundred and one.
198 July 8,1993
A
Commissioner Plummer: The point I am trying to make is that Frank has three
times now, said on the records, that you must pay a reasonable price. And, we
are sitting here with a grim on our face playing sleight of hand.
Mayor Suarez: We are saying that the Coconut Grove LDC...
Ms. Gibson: No, Commissioner.
Mayor Suarez: ...is in a position, if they find the money, which is not clear
where they are going to get it from. We are only giving them a hundred and
three thousand for this acquisition...
Ms. Gibson: Exactly. What we said, what I said...
Mayor Suarez: ...to try to buy the property knowing that all that they have
from us is a hundred and three and the rest they are going to find elsewhere.
Commissioner Plummer: yeah, but see, that money is coming from HUD who makes
the statement, you got to pay a reasonable price.
Mr. Odio: To correct the... Let me correct the record.
Commissioner Alonso: Exactly what we have given them, one ok three.
Mr. Odio: Let me correct the record, I think it is important. They can only
pay from HUD money one hundred and three. That's what we are going to pay.
And, if they want to pay more, it is their business and they have to find
additional monies from another source.
Vice Mayor De Yurre: Well, Cesar, Cesar it is our business.
Mr. Odio: No, but I mean...
Vice Mayor De Yurre: The other item, no, the other item that we had, now we
have to buy that first mortgage. We have to pay off that first mortgage.
Because, if they buy for a hundred and thirty-three and they put a thirty
thousand mortgage on it, in order for us to salvage a hundred and three, we
might have to pick up that thirty down the road.
Commissioner Plummer: Yeah.
Vice Mayor De Yurre: Which is what happened today.
Commissioner Plummer: Plus the fact in the year we might have to buy the
other half they don't buy. That's what bothers me. I'll tell you. I still
will like this thing to be deferred until the next meeting. I think I am
entitled to know what is the anticipated cost and other factors about it...
Ms. Gibson: Commissioner.
Commissioner Plummer: It's not going anywhere. It will still be there. And,
I, I...
Mayor Suarez: Can't you delegate a tittle...
199 July 8,1993
Ms. Gibson: Let me, let me just say to you again...
Mayor Suarez: ...bit of discretion to the administration to make sure that
they pay a fair price and no greater than that? We are only freeing up a
hundred...
Vice Mayor De Yurre: All cash, all cash.
Mayor Suarez: Oh, yeah, I don't think there should be any mortgages or
anything to purchase land. If that is the way you are going to go. So, that
won't be an issue.
Commissioner Plummer: But, we don't know, Mr. Mayor. That's what I am
saying, we're...
Mayor Suarez: No, no, we can build that in. If they don't have the pot of
money in cash to buy the land, don't do it. Give us back the money. We can
make it a traditional condition.
Vice Mayor De Yurre: No, no, we don't release, we don't...
Commissioner Alonso: One year.
Mayor Suarez: You have a one year condition, all cash condition.
Vice Mayor De Yurre: No, no, cash free we show up with a hundred and three at
the closing, all cash deal. We don't give any money until the closing.
Mayor Suarez: Oh, they can ask for cash.
Vice Mayor De Yurre: No, I am saying all cash.
Ms. Gibson: Commissioner, I think if you will read the record, when I got up
here I said there were two hundred and seventeen thousand dollars left. We
wanted to turn over to the LDC so that we could purchase the property and pay
the soft cost for the Cocowalk, for them to construct it... OK, but all I
want...
Mayor Suarez: Yeah, Thelma, but it is a concern to the Commission to be
hearing that figure of two hundred and seventeen thousand...
Ms. Gibson: OK.
Mayor Suarez: ...and, it should be a concern of yours in negotiating with the
owner. What we are saying is the property is worth about a hundred and three.
If you are able to pay a little bit more cash that you get from some other
source. A tiny little bit more cash, God Bless you.
Ms. Gibson: What they had ask in additionally...
Mayor Suarez: But, it's got to be all cash and you have got a year to get
this project going. Otherwise, the land reverts back to the City. With
those two conditions, Commissioners, are you ready to accept the deal?
200 July 8,1993
Commissioner Plummer: Final question, am I to understand that this motion is
saying the following: We will give them two hundred and seventeen thousand
dollars. They must close on this piece of property within a year and any
difference has to be paid in cash at the time of closing or the deal is a no
go?
Vice Mayor De Yurre: No, that's not what we are saying.
Commissioner Plummer: Then tell me what we are saying.
Vice Mayor De Yurre: I don't think we said that they have to close within a
year. I said that they have to start doing something within a year on the
property. They have to close a lot sooner than that.
Mayor Suarez: Right.
Commissioner Dawkins: Well...
Commissioner Plummer: Well, it is more restrictive and I am not in opposition
to that.
Commissioner Dawkins: How did we get from a hundred and forty three thousand,
was appraised at a hundred and three to two hundred and seventeen thousand to
pay for a piece of property that's appraised for a hundred and three?
Ms. Gibson: Commissioner, Commissioner...
Commissioner Plummer: It's appraised, excuse me, the appraisal I saw was
eighty-three.
Ms. Gibson: ...we are not, we are not...
Mayor Suarez: No, ma'am, I am talking up here, Ms. Gibson.
Commissioner Plummer: That's a hundred percent.
Commissioner Dawkins: Say what now?
Commissioner Plummer: Eighty-three thousand.
Commissioner Dawkins: Eighty... Say what now?
Mr. David Alexander: It's the accessed value.
Ms. Christina Cuervo: Eighty-three thousand is the access value.
Commissioner Plummer: That's one hundred percent of the value.
Commissioner Dawkins: Accessed value. No, no, no, what is the appraise...
Ms. Cuervo: The appraised value is a hundred and three thousand.
201 July 8,1993
Commissioner Dawkins: See assessment, you pay taxes on assessment, you buy
for appraised.
Commissioner Plummer: What's the... well, that's one. What is the other one?
Ms. Cuervo: The other one is a hundred and one thousand, or a hundred
thousand.
Commissioner Dawkins: So, we are talking about a piece of property, or
whatever we got for a hundred and one thousand dollars, and now you are
telling me that you are going to give him two hundred and seventeen thousand
dollars to purchase a piece of property that is valued at a hundred and one?
Mayor Suarez: No. No..
Commissioner Alonso: No, no, no, no.
Mayor Suarez: No, but that's a good point.
Commissioner Dawkins: I need to know what we are saying.
Mayor Suarez: There are two separate things happening. We are giving them a
total of two hundred and seventeen. But, only a hundred and three thousand to
be used maximum for the acquisition.
Ms. Gibson: Exactly.
Commissioner Plummer: Now, you see it, now you don't.
Ms. Gibson: Whatever we could get...
Commissioner Plummer: Moses, his name is not David, it's David Letterman.
Ms. Gibson: The owner... What the owner had asked for is a hundred and
fifteen thousand. OK, the City has said to us now, that we can only pay a
hundred and three because we are using HUD money. So, we know if we can...
Vice Mayor De Yurre: We'll give them the two seventeen later. Give them a
hundred and three now. Once they purchase it, we give them the balance.
Mayor Suarez: Thelma, it looks like we are going to get a consensus here to
release a hundred and three thousand. That's what I hear the Vice Mayor
saying Commissioner Alonso, and I are on agreement...
Ms. Gibson: But, we need the sixty thousand.
Mayor Suarez: ...I think our blues brothers too. But, we are going to
release a hundred and three to try to help you to negotiate to purchase this
land now and then when the rest of this is a little bit more ready, we can
approve the rest of the money. I am willing to vote for the two hundred and
seventeen.
Vice Mayor De Yurre: Mr. Mayor, we are ready.
202 July 8,1993
Commissioner Alonso: Me too.
Ms. Gibson: Mr. Mayor, Mr. Mayor, 1f you would just hear me out for one
minute. The sixty thousand we need to give Constructa to start doing the work
on the Tiki, and twenty thousand is for soft cost. So, we are really talking
about a hundred and eighty three thousand dollars. The two hundred and
seventeen is just being turned over to the LDC. Staff will decide how it is
spent, when it is spent. And, they will be satisfied before they come back to
you that we are spending monies.
Mayor Suarez: I have no problem with that. I mean you are arguing to me,
but, I...
Ms. Gibson: So, that's all I am... OK, that's all I am asking.
Vice Mayor De Yurre: Let me ask you this, the sixty and the twenty, are they
going to be built at all with anything having to do with the purchase of this
property?
Ms. Gibson: Not this property, no.
Vice Mayor De Yurre: Nothing to do.
Ms. Gibson: It has nothing to do with this purchase of this property.
Vice Mayor De Yurre: So why are we talking about it now, when that wasn't
part of the item?
Ms. Gibson: Because it is the part of the Tiki. The whole Tiki you see...
Vice Mayor De Yurre: I know that, but it is not part of item number 10, which
is what we are talking about today. I would much rather that you walk with a
hundred and three thousand than with zero.
Ms. Gibson: But, Mr. Vice Mayor, if we don't get started on something with
the Tiki, we are not going to be able to do it within the time frame that we
are talking about.
Vice Mayor De Yurre: Constructs...
Ms. Gibson: You see, what has happened is, they are trying to...
Vice Mayor De Yurre: We got to get Constructa down here and find out what
they are willing to do. Because, I keep hearing through third parties of what
they are willing to do or not willing to do. Yeah, I'm willing, I am willing,
you get a contract go to the closing and we show up with $103,000 cash to
purchase the property.
Mr. Alexander: Excuse me, Mr. Vice Mayor, David Alexander, Coconut Grove LDC.
Just to round up the context, the two seventeen that we are discussing enables
us to move forward in a project, that you know, we've been working on for
seven and a half years. We have a contract with Constructa to become the
developer's agent for Coconut Grove LDC, because this is a two million dollars
project and we have to put together a project to convince you and the private
203 July 8,1993
sector to fund the deal. So, where we are is, this property which is valued
at a hundred and three thousand, really doesn't have any, any great value to
anybody else...
Commissioner Alonso: Have you changed your mind about your second?
Commissioner Plummer: No, with the...
Commissioner Alonso: The year?
Commissioner Plummer: No, there I am fine.
Commissioner Alonso: So, call the question.
Commissioner Plummer: I think it is crazy...
Mr. Alexander: ...but, to this project. So, if you only give us a hundred
and three thousand you have effectively cut us out of having to, to... the
contract with Constructa, U.S., plus doing the soft cost that we need to come
back and present the project to you. So, that's why we need it. I mean it's
not like we are going to spend it on the property. We won't.
Mayor Suarez: All right, any further questions on the allocation? What was
the motion, was it made as to the whole amount.
Commissioner Alonso: It was, yes.
Mayor Suarez: Was it second as to the whole amount?
Commissioner Plummer: Yes.
Commissioner Alonso: And, then one year limitation.
Mayor Suarez: With the understanding that only a hundred and three can be
used for the purchase of the property. And that within a year they have to
have progress. Otherwise, it reverse back to the City.
Commissioner Plummer: No, sir, not progress. It has to be completed, the
transaction of the acquisition.
Commissioner Alonso: Yes, yes.
Mayor Suarez: All right, you can always... OK.
Vice Mayor De Yurre: No, no, that's not what we had said. They have to
purchase within a ninety day period, which is more that ample time to buy it.
And, they have to start doing, within a year they have to got pull permits and
start to doing work there. i
Commissioner Plummer: Victor, I would like to put that there. But, I think
if they've got to raise some dollars, I think that ninety days is a little
tight. Now, you want to go six months and twelve months for them to start the
construction? I'll go along with that as an amendment.
204 July 8,1993
Vice Mayor De Yurre: What about the purchase of the property?
Commissioner Plummer: Well, purchase in close within six months and something
construction -wise within twelve months, I'll go along with that. But, I can't
go along with ninety days.
Commissioner Dawkins: You are still throwing me a curve. The property is to
be acquired with a hundred and three thousand dollars.
Commissioner Alonso: Yes.
Commissioner Dawkins: We are giving them a hundred and three thousand
dollars. And, then J.L. says that they got to go out and find money. I don't
know what you are saying. What are you saying, J.L.?
Commissioner Alonso: To pay the difference.
Vice Mayor De Yurre: Because, they want to pay more.
Commissioner Plummer: I said before it is a sleight of hand. It's David
Copperfield.
Commissioner Dawkins: OK. Yeah, what is it?
Commissioner Plummer: OK, you know. Come on let's not play games. Put it on
top of the table. They can't buy the property for a hundred and three. OK,
we know that.
Commissioner Dawkins: No, I didn't, I did not know that.
Commissioner Plummer: Now, they are going to get their money, they are going
to go out and raise...
Commissioner Dawkins: I didn't know that. I didn't know that.
Commissioner Plummer: ...private money to put the difference in between a
hundred and three...
Commissioner Dawkins: Well, why would you put something on the agenda, and
tell me that you are going to buy some land for a hundred and three thousand
dollars, and you can't buy it. Why are you going to do that to me?
Commissioner Plummer: Because, they are trying to...
I
Commissioner Dawkins: No, wait a minute, no, I am talking to staff. This is
not... this is not your doing, Mr. Alexander, I can't hold you responsible
for this, sir.
Mayor Suarez: But, we know they can't buy it for zero. That's all they've
got right now.
Commissioner Dawkins: Yeah, but, why would staff come to me with item ten
which says $103,000 for a piece of property knowing that the property costs
more than a hundred and three thousand dollars. And, expect me to vote for
it. Why?
205 July 8,1993
Mr. Castaneda: Commissioner, we put it at the request of Coconut Grove LDC.
We were going to pull this item because we have been unable to negotiate a
settlement price. And, they asked us to keep this item on.
Commissioner Dawkins: So, Coconut Grove LDC, who...
Ms. Gibson: Commissioner...
Commissioner Dawkins: ...the members voted for me, who I voted for the
manager, who pay you. And, you let Coconut Grove tell you what to put on the
agenda. Why? Why?
Commissioner Plummer: I am going to tell you something, we are wasting a hell
of a tot of time here.
Ms. Gibson: Let me tell you why we were trying to convince you, Mr.
Commissioner.
Commissioner Dawkins: No, ma'am, Ms. Gibson, I have.. Ms. Gibson, I have no
problem with what we are doing...
Ms. Gibson: But, I just, I need you to...
Commissioner Dawkins: ...but, it irritates me for staff to lie to me in the
public. This is a public record, Mrs. Gibson...
Ms. Gibson: Commissioner.
Commissioner Dawkins: ...And, when the land is paid all for, everybody, J.L.
Plummer, knew it, I don't know it.
Commissioner Plummer: Did know what?
Commissioner Dawkins: So, when people come to me and say, you hoodwinked the
people by knowing you couldn't buy the property for this. I mean that's
ridiculous.
Ms. Gibson: Commissioner, let me just say, that we are dealing with a lawyer
that when he deals with the City, he does one thing, when he deals with an
individual he does another thing.
Commissioner Plummer: Well, you go and get new lawyer.
Ms. Gibson: And, we... It's not our lawyer, it's the seller's
lawyer.
Mayor Suarez: Thelma and David.
Commissioner Alonso: The price goes up when the City gets involved.
Ms. Gibson: Well, when the City, yes. And, we...
Commissioner Plummer: Deep pockets.
206 July 8,1993
Commissioner Alonso: So, we are not interested in the property, period.
Mayor Suarez: I have a proposed modification. I have a proposed modification
to the motion and to the second. This is going to be right, just like it was
like when we were trying to purchase the land for the Little Havana police
substation. Instead of ninety days, you have, I asked the movant and the
seconder to agree that we are going to restrict you to thirty days to get an
agreement. Thirty days, that should let the owner know that he's got to
agree. Otherwise, we are going to walk away from this deal. Let him know '
that. There won't be a project, and you'll see how quickly he comes to a
negotiating table.
Commissioner Plummer: I'll guarantee you there.
Ms. Gibson: It's the summer time. Now, you all are going to be out on
August. It just, it just, Mr. Mayor...
Commissioner Plummer: The only ones that will buy that property will be the
coke dealers.
Ms. Gibson: ... I hate, I hate to do that.
Mayor Suarez: All right, all right, you want to go with the sixty days.
Commissioner Alonso: Sixty days. Sixty days.
Ms. Gibson: OK, but, you'll be back.
Mayor Suarez: But, we want to send out a message that this thing is not going
to be around forever. We are not going to be at the table begging, cause this
has been for eight years. All right, modified for sixty days...
Ms. Gibson: OK.
Mayor Suarez: ...accepted and second, Commissioner.
Commissioner Plummer: For the fourth time, yes.
Mayor Suarez: All right call the roll in the motion.
Commissioner Plummer: Hell of a way to run an airline.
207 July 8,1993
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-443
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION, INC. ("CGLDC") AND THE CITY OF MIAMI, TO
PROVIDE GRANT FUNDS IN AN AMOUNT NOT TO EXCEED
$215,152 TO BE USED: (1) FOR THE ACQUISITION OF
PROPERTY LOCATED AT 3659 GRAND AVENUE, MIAMI, FLORIDA,
TO ENHANCE THE DEVELOPMENT OF THE TIKI CLUB PROJECT
("PROJECT") AND, (2) TO PAY THE SOFT COSTS RELATED TO
SAID PROJECT; STIPULATING THE TERMS UPON WHICH THE
FUNDS ARE TO BE MADE AVAILABLE AND THE DEVELOPMENT
SCHEDULE FOR THE PROJECT AND CONSTRUCTA, INC.-S
INVESTMENT; SAID FUNDS ARE AVAILABLE FROM PREVIOUSLY
ALLOCATED FUNDS IN THE LOTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT ALLOCATION AND PER RESOLUTION NO. 92-748.
(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
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Go for the gold, Peter..
Mayor Suarez: Yes, we are allocating the funds with the limitation of a
hundred and three thousand for the purchase of a land. And, within six months
they must have...
Commissioner Plummer: Six months they must close.
Mayor Suarez: Six days to acquire the land.
Commissioner Alonso: Close and...
Commissioner Plummer: Twelve months for construction.
Commissioner Alonso: ...permits, and then one year.
208 July 8,1993
Mayor Suarez: Right.
Commissioner Dawkins: You know...
Mayor Suarez: All cash purchase, yes. That was the other modification. They
cannot in -debt the property in any way or mortgage it to acquire it.
Commissioner Dawkins: The only thing that puzzles me, I mean dismays me is
you are voting here to buy a piece of property at one price and amending it to
pay more for it and you are not showing it. I mean, and that bothers me. For
this Commission to sit up here and say, and the reason it bothers me is that I
am the only one here of color, and this is for color and I am arguing against
it. You know, but, it's just, they just rub me the wrong way for you to tell
me that Miller gave me a hundred and three thousands dollars and I am going to
buy a piece of property, but I know that I've got to pay two hundred and ten
thousand for it and I got two hundred and seventeen in hand, I'll bring you
seven thousand back.
Commissioner Plummer: You are not giving them a hundred and three, you are
giving them two thirteen.
Ms. Gibson: But, it's really, it's really... I think the way it is stated
Mr. Mayor...
Commissioner Alonso: One- oh- three for the land.
Ms. Gibson: Mr. Commissioner.
Commissioner Dawkins: I have to vote no.
Ms. Gibson: It says to execute an agreement.
Mayor Suarez: All right, all right, it helps to actually have a no vote.
Because that lets the seller know that if this doesn't sell real quick might
have three votes against this deal.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: And, it's a very narrow vote. Tell that to the owner. Next
time he is going to lose this and it's not going to...
Ms. Gibson: It sure is.
Commissioner Alonso: Yes. That's loud and clear.
Mayor Suarez: Loud and clear, three to two.
Ms. Gibson: We do thank you. We appreciate, thank you very much.
Commissioner Plummer: Tell them my vote is wavering very badly.
Mayor Suarez: Yes, and we've got one very tight, tight person all the way to
my left.
209 July 8,1993
W
Commissioner Alonso: What a painful experience.
Mr. Alexander: Thank you Mr. Mayor and Mr. Vice Mayor, Commissioners.
Mayor Suarez: All right, item 45. Resolution authorizing the City Manager
to...
Commissioner Plummer: Let's go home.
Commissioner Alonso: What item?
Mayor Suarez: Forty five.
Commissioner Alonso: Forty five, I want to bring back CA-1.
54. 3 (Continued) DISCUSSION AND DEFERRAL OF PROPOSED RESOLUTION TO ACCEPT
BID OF JR BUILDERS, INC., TO FURNISH 51 FRENCH WINDOWS TO BE INSTALLED
AT MANUEL ARTIME COMMUNITY CENTER. (See label 4)
------------------------------------------------------------------------------
Mayor Suarez: Oh, I am sorry. CA-1, you wanted to bring back.
Commissioner Alonso: Yes.
Mayor Suarez: What was that?
Commissioner Alonso: The windows for the Manuel Artime.
Commissioner Plummer: Oh, my God!
Mayor Suarez: Does anybody have a problem with CA-1?
Commissioner Plummer: I do, Mr. Mayor. I've said before...
Commissioner Alonso: He does have a problem.
Commissioner Plummer: ...and I'll say it again. Spending sixty-six thousand
dollars...
Commissioner Alonso: Please, let them talk. And, they've won the opportunity
to be listen to, and we should listen.
Commissioner Plummer: ...for french windows, in a thing that is requiring
three hundred thousand dollars worth of subsidies. Excuse me, also the other
amount is fifty five thousand dollars for the air conditioner. All of this
for thing that is requiring over three hundred thousands dollars worth of
subsidies now.
Commissioner Alonso: Just think that if we want to sell the property, you
will have equipment that you can say that are in working condition.
210 July 8,1993
Commissioner Plummer: No, I...
Commissioner Alonso: Let them talk about the water coming in to the building.
Commissioner Alonso: Commissioner, please, I've said that if they have a
problem with leakage go out and get windows. But, they don't have to buy the
champagne windows with a beer pocket book.
Mayor Suarez: For the Artime?
Commissioner Plummer: Yes, yeah.
Commissioner Alonso: Yes.
Mayor Suarez: We are going to buy cheap windows for a facility that we are
going to have performances in?
Commissioner Plummer: The performances that you are subsidizing is three
hundred thousand a year.
Commissioner Alonso: I will just take over.
Mayor Suarez: All of them, really?
Commissioner Alonso: Explain to the Commissioner, for heaven sakes!
Mr. Frank Castaneda: They are aluminum windows. They require less
maintenance, at least, wooden windows were more expensive. There is a low
bidder, he is a Hispanic bidder, he is in the City of Miami, the water is
coming in through the sides. Look at the corners of the windows, the glass
that is falling, causes the air conditioning to leak. This are going to be a
double pane glass window that will insulate the building and reduce the
electricity cost and save you money.
Commissioner Plummer: Frank, do you live in the City of Miami?
Mr. Castaneda: No, sir.
i
Commissioner Plummer: You are not a taxpayer. Are you? You don't mind
paying... You don't mind spending my taxes, do you?
i
Mr. Cesar Odio (City Manager): Specially for Bayfront Park.
Commissioner Plummer: Specially for high priced help. Go ahead, hey. You
all listen, you have to answer to the voters. OK.
Mayor Suarez: What is the total cost of the item?
Commissioner Alonso: Sixty...
Mr. Odio: Sixty nine thousand dollars.
Commissioner Plummer: Sixty six thousand dollars. I can't believe it.
211 July 8,1993
Commissioner Alonso: Let me put it this way. Do you think, Frank, that we
can find less expensive windows for this property?
Mr. Castaneda: No, Commissioner.
Commissioner Alonso: How many windows are we talking about?
Commissioner Plummer: It's about a thousand dollars per window.
Commissioner Alonso: It's not the regular windows, that's the problem.
Mr. Castaneda: How many windows are there? Fifty one.
Commissioner Alonso: Fifty one.
Mr. Odio: Well, I paid three thousand dollars for my windows in my house.
Commissioner Plummer: You got fire station without air conditioners and you
are more concerned about windows in a subsidized building. I don't
understand.
Mayor Suarez: Where are the fire stations without air conditioners?
Commissioner Plummer: Two of them, we just found out this morning. You just
bought, you just bought thirteen thousand dollars worth of portable air
conditioners to try to keep them cool.
Commissioner Alonso: We also gave them permanent air conditioners this
morning.
Commissioner Plummer: That's all right guys, the tax payers are going to talk
to you.
Mayor Suarez: In the old days I use to be volunteers.
Commissioner Alonso: Can it wait until the twenty-second?
Commissioner Plummer: Hey, go ahead. You've got the vote, go ahead.
Commissioner Alonso: No, I want to go and see it myself, and, come back the
twenty-second.
Mayor Suarez: Because they are... Oh, they act as shutters too, in case of a
hurricane? I mean they protect the building in case of a hurricane? You
don't need shutters?
Commissioner Dawkins: Double Strength.
Commissioner Plummer: No, no.
Mayor Suarez: No shutters. All right, Commissioner, if you've got something
better.
Commissioner Plummer: Yeah, repair them.
212 July 8,1993
nA
Commissioner Alonso: I am in favor of this. I don't think we should have
Commissioner Plummer: Repair them.
Commissioner Alonso: ...facility that the windows are broken and it is in
such a condition.
Commissioner Plummer: Repair them. And, you better also know, Mr. Mayor...
Commissioner Alonso: I would like to go and see it. And, see if there are
other possibilities.
Commissioner Plummer: ...you are faced with a whole roof on the other
building which primarily is leased out at a dollar a year for all of the
groups that are there.
Commissioner Alonso: My I ask a question, Commissioner? I was not around
because I was not a Commissioner then. Why did this Commission allow almost a
million dollars that was used in the facility at that time to renovate the
facility if we had so much problem with it?
Commissioner Plummer: We did at the time...
Commissioner Alonso: If we didn't want to have the building. If we did not
want to have the Manuel Artime. If that was the feeling, why did we allow
that facility to use almost a million dollar.
Commissioner Plummer: Ma'am, I will not sit here and second guess nor
embarrass a previous Commissioner who made a commitment to the church. I
think I am aware of what took place. But, I am not totally aware. I did not
go for it, ma'am. There was a tot of money that was spent on that facility.
The people that were there wanted to move out of the City, and build a new
church which they did. There was to be big plans for that community center.
It never materialized. When it was purchased there was said that that center,
would in fact, be a tremendous revenue producer for this City. It has never
happened. The building next door, I love the people that are over there.
They are great people, they are there at a dollar a year. We've got other
buildings that they can go in. We give buildings away around here like socks.
Mr. Odio: I, we try to charge what we felt it was a fair price for the square
footage of that building...
Commissioner Plummer: And, this Commission turned you down.
Mr. Odio: ...and you waived it.
Commissioner Plummer: That's right. Not me.
Mr. Odio: This Commission did.
Commissioner Plummer: OK, all right.
213 July 8,1993
'`
Commissioner Alonso: They provide services to...
Mayor Suarez: Yeah, there was...
Commissioner Plummer: We just can't continue to be deep pockets...
Commissioner Alonso: ...we have to take that into account.
Commissioner Plummer: There's got to be a realization.
Mayor Suarez: The first waiver was Catholic Welfare. It was very difficult
to say no.
Commissioner Plummer: Hey, Catholic...
Mayor Suarez: They do all the services that we don't do as a government.
Commissioner Alonso: Day care and...
Commissioner Plummer: Catholic, let me tell you... Let's you and I say, Mr.
Mayor, the truth of the matter is Catholics. They've got deeper pockets than
we do. And, why are we subsidizing the Catholic Church? OK.
Commissioner Dawkins: I do it every day up here.
Commissioner Plummer: I do it from my pocket, not from tax payers.
Commissioner Dawkins: The Catholic Church is the richest institution in the
world. And, you sit up here and give them every day.
Commissioner Plummer: I don't disagree with you, OK.
Commissioner Alonso: Let's take it in the next Commission meeting.
Commissioner Plummer: Hey, just go ahead.
Commissioner Alonso: No, I will not.
Commissioner Plummer: All I am saying...
Mayor Suarez: We have CA-1 before us...
Commissioner Plummer: You know, there got to be a realization we can't be all
things to all people.
Commissioner Dawkins: If we are going to...
Commissioner Alonso: I agree. For example the Bayfront Park, it is one of
the things.
Commissioner Plummer: Close it. Close it.
Commissioner Alonso: So much money.
214 July 8,1993
Commissioner Plummer: Close it, close it.
Commissioner Alonso: Maybe we should. We are talking here about people.
Commissioner Dawkins: Mr. Mayor, one special privilege, Mr. Mayor.
Mayor Suarez: All right move the question.
Commissioner Dawkins: OK, thank you.
Mayor Suarez: There we go. On item CA-1 do we have a motion.
Commissioner Alonso: No, I said that, I would like to take it off.
Commissioner Plummer: To defer, she said.
Mayor Suarez: Defer.
Commissioner Alonso: It was deferred, so maintain it as it is.
Mayor Suarez: OK, very good.
[AT THIS POINT, ITEM CA-1 (Windows for Artime Center) WAS DEFERRED.]
Mayor Suarez: Item 45.
--------------------------------------------------------- --------------------
55. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED CITY POLICY
CONCERNING USE OF LATERAL VASCULAR NECK RESTRAINT BY POLICE DEPARTMENT.
(See label 61)
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor.
Commissioner Plummer: Forty four.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: For a special privilege, we have Reverend Cash here who
is ill, not ill, but recovering from an illness, and he has been here quite
some time on the supplementary one.
Mayor Suarez: All right, sir.
Commissioner Dawkins: So, I would ask this Commission to defer and take up...
Mayor Suarez: Point of special privilege.
Commissioner Dawkins: ...S-1 and then come back to the regular agenda.
Mayor Suarez: Reverend Cash.
215 July 8,1993
Ell
Commissioner Dawkins: Whoever, whoever is going to speak. I just wanted...
Mayor Suarez: Supplementary item one.
Commissioner Plummer: That's the one you want to throw out. The sneaky
Pete. What did I do with that? I have to find that one. Is the Chief here.
Is the Chief here, Mr. Manager? Chief Ross, the head of our department is not
here? I would ask, Mr. Mayor, that this is so important Chief Ross be brought
here and let him speak for the department. I think it is just that important.
Mayor Suarez: OK, can we get the Chief in the next few minutes to see if we
can have a more complete presentation?
Commissioner Plummer: He was here earlier.
Commissioner Dawkins: Why don't you guys take Reverend Cash into my office
and let him sit in a comfortable chair and when the Chief comes we'll call
him.
Mayor Suarez: OK, we'll take you up in a few minutes. And, item 44 says
discussion.
[AT THIS POINT, ITEM S-1 (lateral vascular neck restraint) WAS TABLED.]
Commissioner Plummer: Item 44, who is going to discuss that one? Item 44.
Mr. Cesar Odio (City Manager): But, I hate to see them all go...
Commissioner Plummer: They are not leaving.
Mr. Odio: But, we have, wait, we have a solution for this. That is very
simple. Now, what you want to do, we have already made, we are bringing to
you today a simple solution to what they want. So, why, there is a resolution
prepared.
Mayor Suarez: OK, let's take it up in a couple of seconds.
Mr. Odio: OK.
Mayor Suarez: Try to get some items. Item 44.
Mr. Alberto Ruder: I think that Commissioner Dawkins was the one that wanted,
i
he is the one that asked for this, so.
Mayor Suarez: All right we'll call it up in a second.
Mr. Ruder: We sent him a memo explaining it.
P g
Mayor Suarez: Just hold off for a couple of minutes then until he is back.
Mr. Ruder: OK.
216 July 8,1993
56. REALLOCATE APPROXIMATELY $500,000 IN UNEXPENDED COMMUNITY DEVELOPMENT
(CDBG) FUNDS FROM SEVERAL CDBG-ASSISTED HOUSING PROJECTS' FUND
BALANCES -- FOR PURPOSE OF ACQUIRING SUITABLE HOUSING SITES THROUGHOUT
THE CITY, MORE SPECIFICALLY, WEST OF I-95 IN THE OVERTOWN COMMUNITY
DEVELOPMENT TARGET AREA.
------------------------------------------------------------------------------
Mayor Suarez: Item 45.
Commissioner Plummer: Forty five, I'll move it, Mr. Mayor, with the
provisions that all funds expended must be approved by the City Commission.
Mayor Suarez: All right, so moved.
Commissioner Alonso: I second.
Mayor Suarez: Seconded. Any discussion, on item twenty five? If not, please
call the roll.
Commissioner Plummer: Yes, I think that the Chief should be here.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-444
A RESOLUTION DIRECTING THE CITY MANAGER TO REALLOCATE
APPROXIMATELY $500,000 IN UNEXPENDED COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM SEVERAL
CDBG-ASSISTED HOUSING PROJECTS' FUND BALANCES, FOR THE
PURPOSE OF ACQUIRING SUITABLE HOUSING SITES THROUGHOUT
THE CITY OF MIAMI, BUT MORE PARTICULARLY FOR SEVERAL
SPECIFIC SITES DESCRIBED HEREIN WHICH ARE LOCATED IN
THE AREA WEST OF I-95 IN THE OVERTOWN COMMUNITY
DEVELOPMENT TARGET AREA; AUTHORIZING THE CITY MANAGER
TO SUBMIT AN AMENDMENT(S) TO THE APPROPRIATED APPROVED
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FINAL
STATEMENT(S) TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) TO REFLECT THE PROPOSED
REALLOCATED AMOUNT FOR THE AOREMENTIONED PURPOSE, IF
NECESSARY OR REQUIRED BY HUD; FURTHER DIRECTING THAT
PURCHASE AGREEMENTS TO ACQUIRE SPECIFIC HOUSING SITES
IN THE ABOVE DESIGNATED AREA(S) BE APPROVED BY THE
MIAMI CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
217 July 8,1993
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
------------------------------------------------------------------------------
57. RATIFY CITY MANAGER'S FINDING THAT HOFFEN CORPORATION HAS DEFAULTED ON
ITS CONTRACT FOR CONSTRUCTION OF N.W. 15 AVENUE PAVING PROJECT B-4548
(CIP 341175) -- RESCIND RESOLUTION 92-410 -- AUTHORIZE RESOL, INC. TO
PROCEED WITH CONSTRUCTION OF SAID PROJECT.
Mayor Suarez: Item forty six.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Well, yeah, I second it.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
218 July 8,1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-445
A RESOLUTION RATIFYING THE CITY MANAGER'S FINDING THAT
HOFFEN CORPORATION HAS DEFAULTED ON ITS MARCH 31, 1993
CONTRACT WITH THE CITY OF MIAMI FOR CONSTRUCTION OF
N.W. 15 AVENUE PAVING PROJECT B-4548, CAPITAL
IMPROVEMENT PROJECT NO. 3441175; RESCINDING RESOLUTION
NO. 92-410, ADOPTED JUNE 11, 1992, IN ITS ENTIRETY,
WHICH RESOLUTION AWARDED SAID PROJECT TO HOFFEN
CORPORATION; RATIFYING THE CITY MANAGER'S DECISION TO
INCREASE THE SCOPE OF SAID PROJECT IN AN AMOUNT NOT TO
EXCEED $40,000 TO COVER THE COST OF EXTRA WORK
REQUESTED BY THE ADJACENT PROPERTY OWNERS ALONG N.W.
15TH AVENUE; RATIFYING THE CITY MANAGER'S WRITTEN
FINDING THAT AN EMERGENCY EXISTED JUSTIFYING THE
AUTHORIZATION FOR RESOL, INC. TO PROCEED WITH
CONSTRUCTION OF SAID PROJECT, IN THE AMOUNT OF
$164,430.00 INCLUDING SAID INCREASE IN SCOPE;
ALLOCATING FUNDS THEREFOR FROM FISCAL YEAR 1991-92
CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT NO.,
341175, IN THE AMOUNT OF $164,430.00 TO COVER THE
CONTRACT COST AND $26,622.00 TO COVER THE ESTIMATED
EXPENSES FOR AN ESTIMATED TOTAL COST OF $191,052.00;
RATIFYING THE CITY MANAGER'S EXECUTION OF A CONTRACT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH RESOL,
INC.
(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
219 July 8,1993
------------------------------------------------------------------------------
58. CONFIRM ASSESSMENT ROLL: FOR CONSTRUCTION OF MORNINGSIDE HIGHWAY
IMPROVEMENT (DISTRICT H-4523).
------------------------------------------------------------------------------
Mayor Suarez: Yes, item 47. Preliminary...
Commissioner Plummer: Let the record reflect that no one came forth to speak
for or against the item. I... Did you move it?
i
Commissioner Alonso: Yes.
Commissioner Plummer: I second.
Mayor Suarez: So moved on forty seven and seconded. Call the roll on 47.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-446
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF MORNINGSIDE HIGHWAY IMPROVEMENT IN
MORNINGSIDE HIGHWAY IMPROVEMENT DISTRICT H-4523 AND
REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT
HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, 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
220 July 8,1993
----------------------------------------------------------------------------
59. RATIFY CITY MANAGER'S FINDING OF SOLE SOURCE -- APPROVE ACQUISITION OF
AN OPTICAL SCANNING SYSTEM FROM NATIONAL COMPUTER SYSTEMS -- FOR
DEPARTMENT OF PERSONNEL MANAGEMENT.
Mayor Suarez: Yes, item 48, so source recommendation.
Commissioner Plummer: Well, I guess I'll move it.
Mayor Suarez: Moved.
Commissioner Alonso: I'll second.
Mayor Suarez: Seconded. Any discussion? if not, please call the roll on 48.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-447
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVING THE ACQUISITION
OF AN OPTICAL SCANNING SYSTEM FROM NATIONAL COMPUTER
SYSTEMS, THE SOLE SOURCE PROVIDER FOR THIS EQUIPMENT
AT A TOTAL PROPOSED COST OF $16,065.00 FOR THE
DEPARTMENT OF PERSONNEL MANAGEMENT; ALLOCATING FUNDS
THEREFOR FROM THEY FY193 DEPARTMENT OF PERSONNEL
MANAGEMENT OPERATING BUDGET, ACCOUNT CODE NO.270101-
840, AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
221 July 8,1993
60. APPROVE COCONUT GROVE FESTIVAL COMMITTEE'S RECOMMENDATION THAT THE
BALANCE OF COMMITTEE FUNDS GENERATED FROM THE SPECIAL IMPACT FEE ON
FESTIVALS (APPROXIMATELY $87,000), MINUS $10,000 (TO BE KEPT AS A
RESERVE), PLUS $41,000 FROM CIP FUNDS TO BE USED AND EXPENDED TO
COMPLETE PHASES I AND II OF THE PEACOCK PARK RENOVATION PROJECT.
------------------------------------------------------------------------------
Mayor Suarez: Yes, item 49.
Commissioner Plummer: Fine. Is there anyone here from the Standing
Festival...
Mr. Steve Hyatt: Yes, Commissioner. Steve Hyatt, my address is 1 S.E. 3rd
Avenue, Suite 2400. Commissioners, this is, I am a member of the Coconut
Grove Standing Festival Committee. And, as you know, you have established
that committee to make recommendations to the Commission as to the
expenditures of certain fees generated by twenty five percent impact fee for
certain festivals that happen in the Coconut Grove area. This... our
committee, met a couple of months ago. And, made a recommendation concerning
the renovation of Peacock Park. Now, you may or may not remember that we were
before you approximately a year and a half ago, where we discussed phase one
concerning the renovation of the park. This Commission approved fifteen
thousand dollars for that particular renovation. Then, what I am here today
to discuss is phase one and two. We made an effort to obtain a grant from the
State of Florida to have phase one and two paid for partly by the City of
Miami, and, then also by a grant from the State of Florida. We were unable to
get that grant. We came back as a committee and have voted to recommend that
what is left, and I will discuss the figures with you. What is left, what has
been raised by the impact fee tax in the last couple of years and a certain
fund about seventy nine thousand dollars has been raised by certain community
groups over the last five or six years, be combine with an additional...
Commissioner Plummer: You guys didn't realize when you did it what you did.
Mr. Hyatt: ...with an additional expenditure by the Commission of
approximately forty one thousand dollars which will raise two hundred and
seven thousand which will give the City of Miami opportunity to begin phases
one and two. And, I'll explain both those phases if you have questions. And,
this will be, this particular phase one and two should be completed by the end
of 1994. So, that's basically...
Mayor Suarez: And, this is all to be spent on Peacock Park.
Mr. Hyatt: That's correct, sir. That is correct, Mr. Mayor.
Commissioner Plummer: Mr. Mayor, as you would recall, the money that was
raised from these festivals was to go back and rejuvenate the wear and tear
that was created by the festival. My question is, have you reviewed these
with the Parks Department?
222 July 8,1993
Mr. Hyatt: Yes, we have.
Commissioner Plummer: Are they in favor of it?
Mr. Hyatt: They are in favor, the Manager's...
Commissioner Plummer: You are aware that you would have to follow strict City
bidding procedures?
Mr. Hyatt; Yes, Commissioner.
Commissioner Plummer: With RFPs (Request for Proposals) and acquisitions.
Mr. Hyatt: Ms. Johnson is right next to me, she's shaking her head in the
affirmative. So, I guess we have.
Commissioner Plummer: OK. Mr. Mayor, I would approve in principle, that the
department proceed with going to the RFPs. Is that what you want? To the
RFPs to the bidding.
Ms. Diane Johnson: J.L., essentially what we are looking for is for the
Commission to bless the committee's recommendation that the funds currently
existing in the Coconut Grove Festival Committee Fund be designated for use at
Peacock Park.
Commissioner Plummer: With what cap?
Ms. Johnson: For improvements to Peacock Park.
Commissioner Plumper: Not to exceed what amount? I don't want to completely
deplete the account.
Ms. Johnson: The funding estimated to the end of this fiscal year, is
estimated to be eighty seven thousand dollars.
Commissioner Plummer: How much is...
Commissioner Dawkins: May I ask a question?
Commissioner Plummer: How much is in there now.
Ms. Johnson: Eighty seven.
Mr. Frank Castaneda: Eighty seven two one six.
Ms. Johnson: Eighty seven two one six.
Commissioner Plummer: I would want to live at least ten thousand dollars in
the account.
Mr. Hyatt: In fact, let me, let me mention one thing. That will be
acceptable because this vote that your committee took over two months was
before the Goombay Festival took place.
223 July 8,1993
Commissioner Dawkins: And, that's just what... You don't have to say it, I
am going to say it. OK, you all want to spent all the money before the
Goombay Festival and that part of the community can get a part of this money.
And, you want to delete the fund and have it broke and start it over.
Mr. Hyatt: No, no, no Commissioner, we would accept the recommendation made
by Commissioner Plummer to leave ten thousand dollars in the account.
Commissioner Dawkins: No, I, I'll do it better than that.
Mayor Suarez: Oh, that's very generous of you.
Commissioner Dawkins: I will go ahead with J.L. Plummer if he says that fifty
percent of what's there be left there. I'll go along with that.
Commissioner Plummer: Well, if they can accomplish what needs to be done.
Excuse me, how much money was raised from Goombay?
Mr. Hyatt: Ten thousand in June of this year.
Commissioner Plummer: This year, OK.
Mr. Hyatt: Yes, sir. The first year they paid, Commissioner.
Commissioner Dawkins: But, it's not my fault that Goombay is held in the area
where is hell and nobody want to go down there. That is not my problem. OK,
you see... Yes, ma'am, yes they did.
Commissioner Alonso: What do you mean? Last year we paid ten thousand.
Commissioner Plummer: No.
Commissioner Alonso: I issue the check.
Commissioner Plummer: For Goombay? - not for the Festival Committee.
Commissioner Alonso: For the festival they forced that issue. Excuse me,
Commissioner if I may.
Commissioner Dawkins: Yes, they did. They forced Goombay not to be in this.
Commissioner Alonso: They forced the issue. I issued a check from my budget
and I paid ten thousand dollars. I paid it for them.
Mr. Hyatt: May I answer just, something...
Commissioner Alonso: I took it off of my budget.
Commissioner Plummer: I thought we excluded it.
Mr. Hyatt: There seems to be, there seems to be a confusion about the
funding, and let me just answer the question.
Commissioner Plummer: Yeah, there is definitely a...
224 July 8,1993
Mr. Hyatt: I may have confused the Commissioner. We are asking not only for
the funds that are already available. Which at this time is 79 ,906 and there
is a donation that is not in hand right now for eleven thousand. Which will
make total available of 88,906. But, we are also asking for everything that
is presently the budget that has been raised by this fee. And, if you do, if
you put that money in, in order to meet this budget two hundred and seven
thousand we would need an additional expenditure, an additional vote for an
additional expenditure of forty-one thousand dollars. So, my point in...
Mayor Suarez: To come from where?
Mr. Hyatt: It would, it would, see the two funds...
Mayor Suarez: That forty one thousand to come from where? Somebody help him.
Apparently you all have cooked together a deal here, staff and the festival
committee...
Ms. Johnson: The Manager...
Mayor Suarez: ...maybe with the approval and the acquiescence and the support
of one member of this Commission, but maybe not the entire Commission. Where
is the other forty one thousand coming from that he just mentioned?
Ms. Johnson: The forty one thousand dollars would be able in the Current
Capital Improvement Program. Those funds will be identified by the
Administration.
Mayor Suarez: Which came from where? That Capital Improvement Program?
Ms. Johnson: Ah...
Mayor Suarez: Is that a GO (General Obligations) of the City of Miami?
Ms. Johnson: Probably not, they would be from other sources such as...
Mayor Suarez: Or the Revenue Bond issue that, went to the Parks Improvement
Program.
Ms. Johnson: ...the Revenue Bonds, the Sunshine's... Correct.
Mayor Suarez: All right, my question is very simple. Did the festival
committee consider that it was constrained to spending this money in Peacock
Park? What about the other parks? What about Virrick, what about the mini -
park?
Commissioner Plummer: No, wow, wow, wow! There is only one park in the
district.
Ms. Johnson: Correct.
Mr. Hyatt: You just answered the question.
Commissioner Dawkins: Why?
225 July 8,1993
Mayor Suarez: So that... Well, wait, wait...
Commissioner Plummer: Well, because, excuse me.
Mayor Suarez: ...that's what I want to get... I want to delve into the
philosophy of this.
Commissioner Plummer: OK.
Mayor Suarez: All right, are you saying that you, as the festival committee,
felt compelled to only consider Peacock Park for the reason that the
Commissioner just stated? That that is the only one in the District?
Mr. Hyatt: There were... That was part...
Commissioner Plummer: No, no.
Mayor Suarez: Because I can define a district that goes around that has a
little line that goes all the way to Virrick Park and comes right back and all
of a sudden includes the entire festival area, right. And, also includes
Virrick Park. That is very easy for me to do. I can do that...
Commissioner Plummer: I didn't think they paid.
Mr. Hyatt: Let me, let me answer the question if I might.
Commissioner Plummer: I didn't think they paid for Goombay.
Commissioner Alonso: Yes, they did.
Commissioner Plummer: They were excluded originally.
Commissioner Alonso: No, the first year, I think the 92 and...
Commissioner Plummer: Then it must be because it came across thirty-second
avenue.
Mr. Hyatt: And, I because... Let me...
Mayor Suarez: But, you felt constrained by something that you understood to
be the law. Or, because staff all...
Mr. Hyatt: No, Mr. Mayor.
Mr. Mayor: ... believe on this or because Commissioner Plummer, that's fine.
I mean I don't, I don't agree with it but I don't, I am not going to pick...
Mr. Hyatt: Mr. Mayor, Mr. Mayor, let me just very briefly try to tell you
what the discussions were about. First, as Commissioner Plummer's pointed
out, there is only one park in the district. And, and, what the committee
felt compelled about, was the fact that...
226 July 8,1993
Mayor Suarez: What do you mean by that? What do you mean there is only one
park in the district?
Commissioner Plummer: Sir, there is a district boundaries that were drawn.
Mayor Suarez: OK, we put into the ordinance boundaries for the district...
Commissioner Plummer: Yes, sir.
Mayor Suarez: ...and those boundaries were so designed that it conveniently
included only Peacock Park?
Commissioner Plummer: No, sir, conveniently to the people who were protesting
to this Commission that they were having problems getting to their homes.
That they were a host to festivals that had no relation to Coconut Grove and
Yes, because...
Mayor Suarez: I am the first one to accept that we made a mistake.
Commissioner Plummer: OK.
Mayor Suarez: I think we made a mistake. I don't believe we should have, we
should have only included...
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Hey, I am admitting my mistake. I voted on it.
Commissioner Dawkins: Mr. Mayor, we we also said that they did not want it to
go beyond one of the streets that go into the community there. What is it?
Commissioner Plummer: McDonald.
Commissioner Dawkins: Huh?
Commissioner Plummer: McDonald.
Commissioner Dawkins: May they did not want it to go west of McDonald because
they...
Mr. Hyatt: I have an answer for you.
Commissioner Plummer: Goombay...
Commissioner Dawkins: ...did, they didn't want the Goombay.
Commissioner Plummer: I remember.
Commissioner Dawkins: And, they automatically eliminated the Goombay.
Mayor Suarez: I remember why. I remember because...
Commissioner Plummer: Goombay begged to be eliminated.
227 July 8,1993
a
Mayor Suarez: Wait, wait, Commissioner, yes. We have this notion - that
parks did not come to dissuade us of - that if we collected money from an
area, that if we spent money on an area, is because we have to collect it from
that area. Which I think it is a mistaken philosophy. I think we could have
collected money from the area, where everybody likes to have the festival, and
still spend it on other parts of the Grove. I believe, I am one vote up here.
Nothing wrong with that, that's done 1n government all the time. That's
not... I am not picking a bone with you. Now, if you were going...
Commissioner Plummer: We got short memories.
Mayor Suarez: ...put all this money together and spent two hundred and some
thousand dollars, just out of curiosity, before I vote on it and so far I
don't like the direction of this, because I would like to spend some money on
other parts of Coconut Grove. What would you do with it, just in general
terms, without giving me eighteen charts and whatever?
Ms. Johnson: Very simply, what we propose to do is to relocate the ball
field, and including the lighting, so that it opens up the view of the bay.
And, we would provide some terraced picnic areas in the grove of trees.
The...
Mayor Suarez: What are you going to do?
Ms. Johnson: ...master plans was presented to the Commission some time ago.
Mayor Suarez: OK, you are going to relocate the ball field and provide a
view. That's great, that's actually a well functioning ball field and if you
think that's important, well, I can see some of that I suppose. What are you
going to do with the basketball court and what are you going to do with the
old shuffle board courts that are sitting there having absolutely no use for
anybody and no one has come up with any ideas? You are telling me that the
festival committee has spent... is proposing to spend over two hundred
thousand dollars from a variety of sources and no one has come up with any
idea for the shuffle board courts that are abandoned now?
Ms. Johnson: We had contemplated demolishing the shuffle board courts. It
will be rather costly. I, the...
Mayor Suarez: Oh, that is, that is an absolutely, absolutely astoundingly
creative idea. You are going to demolish the shuffle board courts. You have
any idea that maybe you might fill them in with concrete and end up with
something there?
Ms. Johnson: That is possible, sir. I am not in it.
Mayor Suarez: And, that maybe some, some company might fund a little mini
park to be built there where you can play the single most important human
activity...
Commissioner Plummer: What are you going to do with...
Mayor Suarez: ...which is basketball, for example, a little closer to the
street. Basketball player...
228 July 8,1993
Commissioner Plummer: What are you going to do with the NET (Neighborhood
Enhancement Team) program?
Ms. Johnson: We have considered creative alternatives and we will continue to
consider creative alternatives to that shuffle board court scenario. However,
the community through a number of community meeting had indicated the
priorities to the parks department and to the City to be the relocation of the
-ball field...
Mayor Suarez: And, so the community...
Ms. Johnson: ...and, the picnic areas.
Mayor•Suarez: ...which indicated priorities doesn't consider all of the cost
that you have gotten from my office to try to do something about that little
basketball court that is hidden back there, and that shuffle court that is
right next to the main street but it is not used at all.
Commissioner Plummer: Have we got short memories, Mr. Mayor? It was this
Commission who killed the proposal of the Festival Committee, reduced it down
to twenty five percent of the recommended revenues source...
Mayor Suarez: Oh, no, I know, that's the revenue side. You are all
interested in raising money from people...
Commissioner Plummer: ...and put a cap in it at ten thousand dollars.
Mayor Suarez: ...to run road races in Coconut Grove. And, I don't agree with
you. That's different.
Commissioner Plummer: Mr. Mayor, we could have done all of the parks in
Coconut Grove...
Mayor Suarez: If you charge people as much as you want to charge them for
breathing, we can redo the whole City, I have no doubt about that.
Commissioner Plummer: No, sir, not in my business. I can do it better the
other way.
Mayor Suarez: When they don't breathe anymore, that's when you...
Mr. Hyatt: You've got several questions, and I would like to answer them if I
could. And, I'll try to be very...
Mayor Suarez: I gather I know the answer. What was your first name again? I
am sorry.
Mr. Hyatt: My first name is Steve Hyatt.
Mayor Suarez: I've got... I know your answers already. See, my questions
are rhetorical questions I know your answers. None of this input has been
considered. You have assumed that your task is to improve the park, the
Peacock Park...
229 July 8,1993
Mr. Hyatt: No. No.
Mayor Suarez: ...because that is the only one in the committee. I mean in
the circumscribed area...
Mr. Hyatt: No.
Mayor Suarez: And, you have taken input from the Festival Committee. Have
you taken any, have you had any hearings where the public came?
Mr. Hyatt: I beg your pardon. If I might, Mr. Mayor, a couple of things.
One 1s I served on the committee for two and a half years. We have not spent
the two and a half years discussing the improvement of Peacock Park. We have
talked about an improvement to a median along Bayshore Drive, we talked about
a lot of different things. We, in fact, took a vote that will come before
this Commission, to expand the festival district into the west end Grove to
Include the entire City for future fundings. We were not constrained to the
discussionof this park alone. The reason the committee comes before you to
recommend this is because the reason why you all - and I was here a couple of
years arguing against this - the reason why you all pass this tax. And, that
was the impact. You talk about impact, and if you talk about impact for the
festival, there is one area that is being impact and that is Peacock Park.
There is five events for example, that raise ninety plus percent of the funds
that we are talking about here. And, they take place in Peacock Park and they
impact Peacock Park.
Mayor Suarez: I am aware of all of that. I don't know why you are repeating
all that. Counselor, let me just ask a question to the City Attorney. Are
they precluded right now, from making recommendations that would call for
spending of monies outside of the festival district? Are they legally
precluded from that?
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor, I don't have the...
Commissioner Plummer: The ordinance in...
Mr. Jones: Yeah, I would need to look at that.
Mayor Suarez: All right.
Mr. Frank Castaneda: Commissioner.
Mayor Suarez: To Procedural questions, did you take any input from any
citizen that lived in the area beyond McDonald?
Mr. Hyatt: We did. Yes, we did, we have... The parks department, didn't we
have a, we have a person. We have a committee person...
Mayor Suarez: The Festival Policy Committee, does it meet like we meet here.
I mean with the citizens coming out and addressing us?
Mr. Hyatt: In the back... Yes.
230 July 8,1993
43r�
Mayor Suarez: The committee as a whole?
Mr. Hyatt: Yes, the committee as a whole.
Mayor Suarez: Did you have any of the members of the community that lived in
the predominant black area of Coconut Grove, That's what I am asking.
Mr. Hyatt: Yes, we did.
Mayor Suarez: And, they, none of them suggested any money other than at
Peacock Park?
Mr. Hyatt: That's not true, Commissioner. In fact, to be, to answer your
question, Committee member Carmen Davis voted against this proposal because of
what we were proposing. To be honest with you.
Mayor Suarez: OK, would you do me a favor. Any one from the parks
department, next time you get us the Festival Policy Committee's
recommendation also give us a dissenting report from whoever it is that didn't
agree. Ask him... We want to know. If they were a minority, we'd like to
know what their recommendation is. I have a feeling that I would agree with
the minority report. So, the bulk of the money now, that you are proposing to
spend, is to reconfigure the baseball field...
Ms. Johnson: And, to do a terraced picnic area. Also, for...
Mayor Suarez: A terraced picnic area.
Ms. Johnson: ...we are having an erosion problem in the hill that runs
between the glass house and the baseball area, the festival area. And, it was
hoped that through some terracing, some landscaping we could keep the erosion
down. As a matter of fact, under the Citywide Neighborhood Parks Renovation
Program, and with Community Development funds, we spent over $475,000 at Grand
Avenue renovations, and another 300,000 in Virrick. Those funds are not
available for Virrick...
Commissioner Dawkins: And how much did you spend in Peacock?
Ms. Johnson: We've spent roughly 90,000 to date.
Commissioner Dawkins: Beg your pardon?
Ms. Johnson: Ninety.
Commissioner Dawkins: Ninety thousand? Well, say that. Don't just say you
spent it in these other areas, as if you didn't spend no money in Peacock
Park.
Mayor Suarez: I don't even know why we're getting those figures. I didn't
ask for it. I mean, it's very interesting. All I can tell you is that when I
go to Virrick Park, as I tell your director all the time - and he gets all my
calls - it still looks like hell. That's what I can tell you. Virrick Park
does not look good. That is - the incredibly high percentage of the youth of
this community use that park, compared to Peacock, and this festival policy
231 July 8, 1993
committee, admittedly thinking that it was circumscribed, and maybe the
ordinance even calls for it - so I'm not arguing with you - wants to spend all
the money to reconfigure the softball/baseball field, which is used - I have
no disagreement with that - and to build some kind of a bluff or some kind of
a something or other.
Ms. Johnson: It is a very popular field... the lightening... no, just to fix
the erosion, Mayor.
Mayor Suarez: To fix?
Ms. Johnson: To fix the erosion. The dirt and soil runs down the hill.
Commissioner Plummer: This was designed for that.
Mayor Suarez: I know, J.L. I know what's designed for the Peacock, but I
never liked that concept, and I didn't know what to do about it at the time.
I figured we'd try to straighten it out later.
Commissioner Dawkins: Let me ask one question. Let me ask one question,
please.
Commissioner Plummer: Mr. Mayor, the people of the community came in here and
asked for funds to rejuvenate the park that was getting destroyed. That's
what this was all about.
Commissioner Alonso: It's true.
Commissioner Dawkins: Well, did anybody stop to think that to stop erosion is
the job of the U.S. Army Corps of Engineers?
Commissioner Plummer: Not on our private property. They're talking about in
the middle of the property; not in at the water level.
Commissioner Dawkins: It's still the job - it's their responsibility.
Commissioner Plummer: The Corps of Engineers?
Commissioner Dawkins: You can get funds and money from the federal government
to stop erosion, and that's what you're talking about.
Commissioner Plummer: Well, it's a good thought.
Mr. Hyatt: Go ahead.
Commissioner Alonso: I love the idea. I don't know.
Mayor Suarez: OK. So the total package then would be a little bit over 200?
Mr. Hyatt: 207.
Mayor Suarez: And if...
Mr. Johnson: Including funds in hand.
232 July 8, 1993
Mayor Suarez: And I guess if you're going to get the favorable vote of
Commissioner Plummer, you're going to set aside some of the funds from the
festival policy committee, at least to the tune of 10,000. And Mr. Ruder, can
I get you on the mike for a second? Sir, you are a most responsive department
director. You're a most creative individual. Is there anything you can do to
make those shuffleboard courts into something worthwhile, with or without the
festival policy committee? Because it just seems to take forever to do
something about that. Something along the lines of what people in the
community typically like to do.
Mr. Alberto Ruder: Yes.
Mayor Suarez: And I'm thinking of myself, and I'm thinking of basketball, but
it could be something else.
Commissioner Plummer: The NET (Neighborhood Enhancement Team) office has to
have some place to go play shuffleboard.
Mayor Suarez: I mean that is just - you've got all that concrete there. It
just needs to be filled in. It would seem like we could call - I want to say
who - a concrete company, and just sort of fill it up, and if nothing else,
make it into parking that we could charge, or something.
Commissioner Plummer: Christina sits over there with nothing to do. She
needs some activity.
Mr. Ruder: OK. We'll definitely work on it.
Commissioner Alonso: Do you have any idea, an estimate of the amount that
will be needed to do the job that you have in mind?
Ms. Johnson: The ball field relocation, including the lighting, is estimated
at 140,000; and the landscaping and picnic area, including the erosion control
would be roughly 67,000.
Commissioner Plummer: One seventy-one.
Mr. Hyatt: One other point I'd like to make, and that is that you all
received a letter from the Coconut Grove Chamber of Commerce. We took advice
from all types of homeowners' associations. There are no dissenting opinions
on this. This is a community as a whole behind this project.
j Mayor Suarez: The reason that there are not dissenting opinions is that they
were told beforehand that the money had to be spent on Peacock Park. If you
told them, "I have this money..."
Commissioner Plummer: No, no, no. Excuse me. That is not true, Mr. Mayor.
Mr. Hyatt: That is incorrect, Mr. Mayor.
Commissioner Plummer: As far as the park is...
233 July 8, 1993
Mayor Suarez: That's what you've told me.
told them something different.
Mr. Hyatt: I didn't.
I don't know that you would have
Commissioner Plummer: Well, let me tell - no, sir, no, sir. Let me tell you.
The money can be used for other than the park. The money can be used for
landscaping, the money can be used for street lighting, which was one of the
areas that they talked about, as long - the only provision was that the money
had to be spent in the district which was being used by the festival.
Commissioner Alonso: and the district means...
Mayor Suarez: Of course, of course. And, of course, nobody is going to want
to spend the money on street lighting, for God's sake. I mean, you got tons
of lights there. You're meeting on Monday, somebody told me? One of my staff
members, Phil Davis, said that you're meeting...
Ms. Johnson: Wednesday.
Mr. Hyatt: Wednesday, Wednesday.
Mayor Suarez: Would you please make sure that my staff knows of the meeting?
We'd like to attend. We'd like to give you the input...
Commissioner Plummer: All right.
Mayor Suarez: ... of citizens that we hear, who have absolutely zero, zip
interest in Peacock Park, and tons of interest in every other park in Coconut
Grove. It's not to say that what you're doing is not worthwhile, and
particularly if you're circumscribed by the law. Hopefully, by then, we'll
have a legal opinion.
Commissioner Plummer: Where are we?
Mayor Suarez: We want to improve some of those other parks.
Commissioner Alonso: The same item.
Commissioner Plummer: Where are we?
Mr. Hyatt: Mr. Mayor, I - we've been advised as a committee that we are
restricted by this ordinance, and that's why we voted unanimously...
Mayor Suarez: Well, then, let's go raise some funds, or find them. Every
time we have a developer here, Plummer gets some money out of them, or
somebody will give you some money to put into the pot. Help us. You are
presumably representing people in Coconut Grove who have a great deal of
interest. You've put a lot of work into this. For the Grove to continue
growing and working together, we've got to improve the entire Coconut Grove
area; not just Peacock Park. If you're a person from Mars, if you land here
and you drive around there and you look at Peacock Park, it looks quite nice.
And then you go to Virrick Park, and it doesn't look so nice. It's got some
things that look like they were designed by - I won't say by whom.
234 July 8, 1993
Commissioner Plummer: The mushrooms.
Mayor Suarez: Yeah, the mushrooms. And it's got some other problems, and
until recently, the paint was cracking in the pool area. The place is not
well maintained. You know, the basketball courts need better lights. I'm
always going back to basketball, as you can tell. A lot of people in that
area play basketball, and in Peacock Park, there's a tiny little basketball
court, and it's way in the back.
Commissioner Plummer: Did you move item 49?
Mr. Hyatt: May I make one last point, and I'll be done? Mr. Mayor, there's a
lot of indirect...
Commissioner Plummer: Did you move item 49?
Mr. Hyatt: ... benefits that come out of the festivals that severely impact
this park. I can point to almost $100,000 that is spent directly in the west
end Grove that you all have a lot of concern for, and you should, and our
point is that you're investing this money to make this park more accessible
and better for the festivals in the future, and that's, quite frankly, what
you voted on a couple of years ago.
Mayor Suarez: Yeah, but I would hope that out of all of this, instead of you
saying that you all have a lot of concern for the other parts of the Grove,
that you would say that you have a lot of concern for the other parts of the
Grove, because it's all one community. It's all one neighborhood. All right.
Mr. Hyatt: I understand that. That's why we voted to expand the festival
district, Mr. Mayor.
Mayor Suarez: Very good.
Commissioner Plummer: Did you make a motion?
Mayor Suarez: Do we have a motion on the item?
Commissioner Alonso: Yes.
Commissioner Plummer: I second.
Mayor Suarez: Seconded. And you are going to notify us of the next meeting.
We'll go and try to present you some ideas, and you're going to help us find
the funding. Call the roll.
235 July 8, 1993
N
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-448
A RESOLUTION AMENDING RESOLUTION NO. 91-560, ADOPTED
JULY 25, 1991, WHICH APPROVED, IN PRINCIPLE, AND
AUTHORIZED EXPENDITURES FOR, THE BEAUTIFICATION OF THE
MEDIAN STRIP OF SOUTH BAYSHORE DRIVE WITHIN THE
COCONUT GROVE SPECIAL EVENTS DISTRICT ("BEAUTIFICATION
PROJECT"), THEREBY DIRECTING THAT THE ALLOCATION OF
EXPENDITURES PREVIOUSLY EARMARKED FOR THE
BEAUTIFICATION PROJECT BE DESIGNATED TO THE PEACOCK
PARK RENOVATION PROJECT: ALLOCATING FUNDS THEREFOR
FROM THE COCONUT GROVE SPECIAL EVENTS DISTRICT FUND
("DISTRICT FUND"), SUBJECT TO: 1) FUNDS IN AN AMOUNT
OF NO LESS THAN $10,000 SHALL REMAIN IN SAID DISTRICT
FUND, AND 2) FUNDS IN AN AMOUNT OF NO LESS THAN
$41,000 SHALL BE MADE AVAILABLE FROM THE CAPITAL
IMPROVEMENT PROJECT FOR THE PEACOCK PARK RENOVATION
PROJECT.
(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.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
Commissioner Dawkins: Mr. Mayor...
Commissioner Plummer: Mr. Mayor, all you got to do is for additional
funding...
Commissioner Dawkins: Go ahead.
Commissioner Plummer: ... is just go back to the recommended funding of the
original committee, and you'll have more than funding to do every park in
Coconut Grove. You put a cap for ... let me give you just one example. Coconut
Grove Art Festival. That would derive for this committee somewhere in the
neighborhood of forty to forty-five thousand dollars, and you guys put a
$10,000 cap on it. And they have over $200,000, I'm told, in CD's
(certificates of deposit) in the bank.
Commissioner Dawkins: You're the one who speaks up for Coconut Grove all the
time.
236 July 8, 1993
Commissioner Plummer: "Oye."
Commissioner Dawkins: I don't know why you're putting the monkey on our back.
Commissioner Plummer: Hey, chico.
Commissioner Dawkins: I don't know why you're putting the monkey on our back.
Commissioner Plummer: Oye.
61. (Continued discussion) ESTABLISH CITY OF MIAMI POLICY THAT THE LATERAL
VASCULAR NECK RESTRAINT MAY NO LONGER BE USED BY THE POLICE DEPARTMENT
AS A TECHNIQUE FOR CONTROL OF PERSONS / SUSPECTS, IF SAID INDIVIDUALS DO
NOT POSE IMMEDIATE THREAT OF LIFE OR GREAT BODILY HARM TO A POLICE
OFFICER AND/OR OTHER INDIVIDUALS. (See label 55)
Mayor Suarez: All right, ladies and gentlemen. Commissioner Dawkins, you
wanted to hear the supplementary 1?
Commissioner Dawkins: Yes.
Commissioner Plummer: Mr. Mayor, the Police Chief is here.
Mayor Suarez: Do we have a recommendation from the Administration that might
cut through what has been amply discussed? We don't have an Administration
now. Now, we're missing the Manager.
Commissioner Plummer: No, I guess...
Commissioner Alonso: Yeah, we have a resolution in front of us.
Mayor Suarez: If the wording is agreed upon by everybody, it would be very
nice to hear a report on why it is agreeable to all parties, including the
union, possibly, and certainly, the police department, and the Manager's
office.
Commissioner Alonso: A resolution of the Miami City Commission establishing
policy that the lateral vascular restraint may not be used as a control of
persons technique against a suspect.
Mayor Suarez: Chief, does that reflect more or less where we are? Is there
wording now being proposed that is...
Commissioner Plummer: Do we have copies of it?
A. Quinn Jones, III (City Attorney): I gave you a copy.
Commissioner Alonso: Yeah, you did.
237 July 8, 1993
Commissioner Plummer: You did?
Commissioner Alonso: Yes.
Mayor Suarez: ... wording that you can recommend, that the Manager can
recommend and live with, and the union can live with?
Mr. Jones: If not, here's another one.
Commissioner Plummer: Huh?
Mr. Jones: You need another one?
Commissioner Alonso: No, I have mine.
Mr. Jones: OK.
Chief Calvin Ross (Chief of Police): The wording in the resolution is
essentially the wording that came from the police department, that came
through the City Attorney's Office.
Mayor Suarez: OK.
Chief Ross: It was also...
Mayor Suarez: Can you read that into the record, so we know what we're
talking about?
Mr. Jones: Yes. It's a resolution of the Miami City Commission establishing
policy that the lateral vascular neck restraint may not be used as a control
of persons technique against a suspect who does not pose an immediate threat
of death or great bodily harm to a police officer and to others.
Mayor Suarez: Chief, I'm sorry I interrupted you. Is there anything further
you want to add to that?
Chief Ross: Just to indicate that that is essentially the same wording that
reflects our deadly force policy.
Mayor Suarez: And it's in line with the Supreme Court cases that talk about
the use of deadly force?
Chief Ross: That's correct. Allow me to say this also, is that the LVNR
(lateral vascular neck restraint) was sanctioned and approved by this police
department for the purpose of controlling and restraining suspects. It was
not approved for any other reason; just controlling and restraining. And what
we're saying here is that it's no longer approved or sanctioned for
controlling and restraining suspects.
Mayor Suarez: And I guess at some point, it would be helpful to have the
FOP's (Fraternal Order of Police) position on this. Certainly, if you have
any disagreement with it, go ahead, on behalf of PULSE (People United to Lead
the Struggle for Equality).
238 July 8, 1993
Reverend Romnie Loudd: Well, we - Mr. Mayor...
Commissioner Dawkins: Give your name and address, sir.
Rev. Loudd: Yeah, I will, sir. Reverend Romnie Loudd, president of PULSE,
newly elected as of May 15th. Mr. Mayor and distinguished Commissioners,
Chief, I would at this time like to pay recognition to our official president,
Mr. Cash, who is standing here with me. Mr. Cash and the members of PULSE
have put quite a bit of work into this, and we are concerned with the wordage
here. Even so, if an officer's life is in danger, any method, choke hold
included, would be permissible. So we kind of want to know what you mean
regarding that particular statement.
Chief Ross: I think we mean essentially that. That's just what you have
stated. In addition to that, going back to what I said, it cannot be - is not
sanctioned to be used solely for controlling or apprehending a suspect.
Commissioner Plummer: Where is he reading from? Has he got something
different than I do?
Chief Ross: We agree - this resolution agrees with the position that PULSE
takes on that. I believe that we have to also consider not only the safety of
the officers in terms of protecting their life, but the safety of citizens.
There are circumstances that exist where an officer has at his disposal, his
firearm, to use to protect the life of an innocent citizen. Where a firearm
may not be the thing that he wants to use...
Commissioner Plummer: I don't know where he's reading from. I just asked. I
don't have it.
Chief Ross: ... where he may get in a situation he - he may hit either the
Innocent victim or the offender, but if he can use some other technique to
prevent serious harm or death to an innocent citizen, this technique may be
there at his disposal. And I'm saying if we eliminate that, then using deadly
force means using your weapon only, your firearm.
Commissioner Plummer: Chief, where is he reading from? The thing that we
have here is...
Rev. Loudd: I'm going to turn this...
Commissioner Plummer: Where are you reading from, sir?
Mayor Suarez: Reverend, where were you reading from there?
Rev. Loudd: I'm going...
Mayor Suarez: Because we don't see that in the resolution before us.
Commissioner Plummer: We don't have that here on what we have.
Rev. Loudd: Well, I just happened to see that in the Miami Herald, and so I
was concerned.
239 July 8, 1993
row)
Mayor Suarez: Oh.
Commissioner Plummer: Oh, oh, oh.
Mayor Suarez: All right. That is not before us.
Commissioner Alonso: We don't have it.
Mayor Suarez: We are not being requested to put that wording in.
Commissioner Plummer: Give me another copy.
Commissioner Alonso: No, it's different. Ours is different.
Commissioner Dawkins: You need a copy of what we have?
Mayor Suarez: This is what we have, and it speaks not at all to that
situation. So.
Commissioner Dawkins: Do you have another one, Mr. Mayor?
Mayor Suarez: Yeah, that's fine. I've...
Rev. Loudd: The Miami City...
Commissioner Dawkins: No, hold it, Reverend. Hold it.
(INAUDIBLE COMMENTS)
Rev. Loudd: I think that he's already answered, but what I plan to do is turn
this over to our area vice-president, who - Mr. Gray, who has been working in
this particular capacity for the last three or four years.
Mayor Suarez: All right.
Rev. Loudd: So at this time I'll have him take over.
Mayor Suarez: Thank you, Reverend.
Rev. Loudd: Thank you, sir.
Mr. Charles Gray: Thank you. The name is Charles Gray. I am the chairman of
the Committee to End Discrimination. We are pleased with the effort that's
been put forth in coming to this conclusion. Turn to the back sheet, and I'll
tell you what we are really concerned with here. Section 2. We would like
some type of clarification of that section there. The part that says, "The
lateral vascular neck restraint may not be used as a control of persons
technique against a subject who does not pose an immediate threat of death or
great bodily harm to a police officer or others."
Chief Ross: The explanation on that can be found in the converse of that, and
that is, if an individual poses a threat of death to an officer or an innocent
citizen, then deadly force is allowable. And this technique, if the officer
uses that, he is to know that he is using a technique that is commensurate
240 July 8, 1993
Sr:e� x
with deadly force, but it is only allowable if he is preventing great bodily
harm or death to an innocent citizen or himself. That's what this is saying.
Mayor Suarez: Yeah. To our knowledge, there is no limitations to what a
police officer can do if a suspect poses grave danger of deadly harm to the
officer or someone else. I mean, basically, he can do whatever at that
particular point. There's just no limitations in the law at that point, I
don't think.
Commissioner Plummer: That's for sure.
Mr. Gray: Well, we were very concerned with that, because most every case
where serious harm or injury has taken place, there was no weapon, or no knife
or anything. For instance, in one case where the man was handcuffed, and, you
know, I don't think that...
Mayor Suarez: That's a good point. As a practical matter...
Mr. Gray: So we need to know. I mean, what is...
Mayor Suarez: As a practical matter, Chief, will it be clear, if this is
passed, that it cannot be used except in those situations where the Supreme
Court allows the use of deadly force? That is to say that if you had the
weapon and you were able to use it, to shoot the person? I mean is that going
to...
Chief Ross: I think that - Mr. Mayor, I think that's what we're saying here
in the resolution. Yes, sir, precisely. And it's the same wording that we
have in our deadly force policy for the use of the firearm.
Mayor Suarez: OK. What - is it due to the training then? Does that mean
that we don't train people, because we don't expect them to ever use it except
in a situation of saving their own lives or that of another citizen; or does
it mean that we train them, but we also assure ourselves that they don't ever
use it in a situation of restraining a suspect?
Chief Ross: There is no - there will be no training, except for the training
at the academy, which all police departments going through the academy, it's
part of their curriculum. They are trained in that. Incidentally, the Miami
Police Department...
Mayor Suarez: Well, as part of martial arts, you typically learn that
particular choke hold.
Chief Ross: That particular technique along with other techniques are taught
at the academy level. Let me - allow me to say this, in addition to that, is
that the Miami Police Department, in addition to the academy training, we have
in the past also given officers additional training, in-service training twice
a year when they came in for their in-service training. So they've been
trained in this more than just at the academy. Other police departments train
only at the academy level.
Mayor Suarez: OK. One last question then. Supposing the officer did have to
use it. Do they get training on how to avoid the ultimate result of the
person being left comatose or dying? Do they get on rescue...
241 July 8, 1993
Chief Ross: What we're saying here is that if an officer has to use a
technique of any means other than his firearm. If his firearm is not
available to protect his life or the life of others, we're saying he 1s
looking to kill this individual.
Mayor Suarez: I understand.
Chief Ross: He is not looking to maim or to wound and...
Mayor Suarez: But having disabled the individual - because this can disable
the individual - is there any training that would be given to try to effect
the rescue of the individual?
Chief Ross: In all due respect, let me just say this. I don't think that we
can cover every eventuality that an officer would be faced with, and how he
would protect his life. He may have a crowbar at his disposal, and if that's
the only means of protecting his life, he's going to go home. I want to see
this officer go home. I want to see the innocent citizen protected. And this
officer, if he loses his weapon, I want him to use whatever technique he can.
Does that mean I should train these officers in the use of crowbars or rocks
and bottles to protect lives when their firearm is not available? I'd say no.
So I'm saying in this technique that the technique is taught at the academy.
The officer knows the implication, and he knows what it can do. If he has to
use that, we're not sanctioning it for control and arrest, but we're saying he
knows it, he can use it, but we don't train for it beyond the academy.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager, why would you train an individual to use
something deadly, number one; and since we train the officers in the academy
to use this as a defense mechanism, how can you hold the officer
responsible...
Commissioner Plummer: Good point.
Commissioner Dawkins: ... in the event that the individual whom it's applied
to accidentally dies while that which you taught the officer in the academy to
use was used? You can't hold an individual liable for that you taught him to
use. Now, how are we going to get around the liability?
Chief Ross: I don't think that the issue is anything other than when this
technique is used. We're talking about here in this policy statement that...
Commissioner Dawkins: No way, Chief. Chief, Chief, Chief...
Chief Ross: ... if the technique 1s used, it...
Commissioner Dawkins: Chief, let me say something to you. See, your
interpretation is fine. OK? That's why I asked the Manager, OK? I want the
Manager to understand what my interpretation is, OK? -
Mr. Cesar Odio (City Manager): Well, if...
242 July 8, 1993
Commissioner Dawkins: - and what I'm going to say to him.
Mr. Odio: If I had a choice...
Commissioner Dawkins: Mm-hmm.
Mr. Odio: And I don't know if I have a choice on the academy.
Commissioner Dawkins: See, and then - and no disrespect to you, Chief.
Mr. Odio: If I had...
Commissioner Dawkins: But I want him to know that I'm holding him
responsible.
Mr. Odio: OK. If I have a choice, I would eliminate any training at all on
choke hold. OK?
Commissioner Dawkins: OK. Well, what gives you not the chance?
Mr. Odio: Now, I don't know - huh?
Commissioner Dawkins: What stops you from having that choice?
Mr. Odio: The academy curriculum is not set by us, or by me, anyway.
Commissioner Dawkins: Why isn't it?
Mr. Odio: Because we go - we pay - where do we go - into the training
centers - all the police departments go there.
Commissioner Dawkins: Mr. Manager, I taught 22 years at Miami -Dade Community
College, and as an instructor, you develop your syllabus, you put in your
syllabus that that you want to teach; and that that you don't want to teach,
you don't have to teach...
Mr. Odio: I guess we can ask...
Commissioner Dawkins: ... and there's such a thing that's called an
educational freedom, and the college cannot make you teach that that you don't
want to teach, because that is your right as an instructor.
Mr. Odio: I will - if you so choose, I will request from the academy that we
pay that they will not teach our police officers the choke hold method.
Commissioner Dawkins: OK. I have - now, see, then, I have no problems with
the individuals, Chief, learning on their own anything necessary to ensure
that the $55,000 you got invested in him, is able to perform tomorrow. I have
no problem with that.
Commissioner Plummer: Miller, let me ask you a question. Are we relatively
saying that we're leaving no alternative for policemen but to shoot?
Commissioner Dawkins: I just - no, no, you see...
243 July 8, 1993
Commissioner Plummer: Huh? I mean...
Commissioner Dawkins: You see, it's amazing.
we want to hear. OK?
Commissioner Plummer: No, I heard very well.
It's amazing how we hear what
Commissioner Dawkins: I just said to the Chief, Mr. Plummer. I said to the
Chief, "Chief, I have no problems with the individual learning on his own
anything necessary to ensure that the City of Miami's $55,000 investment in
him is able to perform tomorrow." I just said that.
Commissioner Plummer: OK.
Mr. Odio: I'd like to hear - if I may...
Commissioner Plummer: What's the $55,000 investment?
Mr. Odio: I would recommend at that point, then, that we tell the academy,
"Do not teach our officers choke hold method." But...
Vice Mayor De Yurre: But, you know - you know - Cesar...
Mr. Gray: We, as citizens, would like to feet that we have the same rights to
be protected as the police or anyone else. If, if, unlike the person who was
handcuffed, the police feels - it might not be the training. It might be the
policeman. And if the Manager and the Chief of Police and all the others know
that they have officers in that - under their supervision, they are aware of
them. And if they don't supervise them to the extent that they know who they
are, then we need to wake up. We - and I'm sure we are not against police.
I've taught most of them myself. I've taught as long as the Chief did - I
mean as the Commissioner did. Chief Ross and all of them, they're good men.
But there are some - and you don't tell me that you don't know who they are -
that are not worthy of protecting the citizens of this County. And that's all
we're asking, is a fair...
Mr. Odio: Sir, do you agree that...
Mr. Gray: That's all we want.
Commissioner Plummer: Can I ask a question, Mr. Mayor?
Commissioner Dawkins: Well, but I would have to say, Mr. Plummer, I would
have to say to PULSE, I would hope that you would make it a part of your
charge in the community to under - have citizens understand that the average
policeman - now, some of them go beyond that - but the average policeman only
uses as much force as is necessary to make the arrest. The more you resist
arrest, the more aggressively the officer has to arrest you. So if we can get
the citizens to understand, when you're being arrested, the least resistance
calls for the least amount of aggressiveness. And if we go about getting that
over, I think half of our problem would be over.
Chief Ross: Mr. Mayor...
244 July 8, 1993
Mr. Gray: Well, that's part of the work that PULSE does. And when we say
"we," we don't mean just the citizens. We mean every living soul.
Chief Ross: Mr. Mayor...
Commissioner Plummer: Mr. Manager, let me ask you a question.
Mayor Suarez: Commissioner Plummer, and then Chief Ross wanted to add a
comment.
Commissioner Plummer: The Reverend has made a statement - although I don't
agree with editorials, there was an editorial statement today. And without
going 1n - and we all know what I'm saying - by virtue of the fact that one
individual who recently created a problem for the City, I was never aware, and
I doubt that anybody else here was, had been three times rejected for
psychiatric - I guess is the word - reasons from another department. And yet,
there is the feeling among PULSE in the Miami Herald this morning, that there
possibly are more officers in that same posture. Mr. Manager and to the
Chief, I would hope that you could say to this Commission and to PULSE that
you have done an extensive background and you feel that those who present a
danger are not there, or you're doing something about it to eradicate. I -
when I heard that this man had been turned down three times by another
department for mental reasons, and I heard that this man had been turned down
by a private company as a security guard, I got to tell you something. It had
to make you ask some questions. So what I'm saying is, is there the feeling
that you can give to this Commission and to the community that you have, in
fact, gone through and not found any more of these that are existing, as it
was in this particular case?
Mayor Suarez: And I think when you ask that question, what you mean is, file
by file, one by one; not ask your assistant, "What do you think?" and your
division leader, and your division commander. But I mean, one by one. Is
there someone in the department that you can tell us, Chief, that you have
absolute faith in, or you, Mr. Manager, that has gone one by one? We have a
little bit over a thousand police officers. It warrants a one- by -one
examination, in my view. Because I've been asked by the media this question
now so many times that I'm blue in the face about answering the question.
Mr. Odio: Well, I told the Herald and they didn't - they published what they
want. We, since 1980...
Mayor Suarez: No, but I've been asked the question, but I had no answer,
because I could not say for sure.
Mr. Odio: Let's - Mr. Mayor...
Mayor Suarez: I think so, and I hope so...
Chief Ross: There is a...
Mayor Suarez: ... that you had looked at their files one by one, and that
situation is not in existence in any of the files of any other police
officers.
245 July 8, 1993
Commissioner Plummer: I never knew it.
Mayor Suarez: And if it is, that you wi11 come back to the management, and
the Manager will come back to us, if he needs approval of this Commission, to
find something for that individual to do other than be out on patrol.
Mr. Odio: OK. We can tell you this. Since the River Cops case - I became
Manager right about then - we instituted a state of the art psychological test
to any new policeman after 186.
Commissioner Alonso: Yeah, but that's not the question the Mayor is asking.
Mayor Suarez: Yes, but the incident happened more recently than that...
Commissioner Plummer: If that's the case, how did this problem happen?
Mr. Odio: No. That officer...
Mayor Suarez: ... and it involves someone that somehow was in the department
until...
Mr. Odio: Excuse me, but I...
Mayor Suarez: When was the incident that Commissioner Plummer was referring
to?
Mr. Odio: I want to say, the new police officers that were hired from 186 on
were set up by a state of the art system. Before that time...
Mayor Suarez: I don't think you're hearing the question.
Mr. Odio: ... and when Seals was hired, we did not have that.
Mayor Suarez: I don't think you're hearing the question.
Commissioner Plummer: He hasn't.
Commissioner Alonso: But his question is very important.
Chief Ross: Mr. Mayor, Mr. Mayor, I think what the Manager is attempting to
explain is that for those new employees that are coming into the police
department, yes...
Mayor Suarez: That's not my question.
Commissioner Dawkins: No, it's not. Let me say something.
Chief Ross: ... there is a very in-depth psychological test - testing
instrument. However, for those individuals that were employed prior to 1987,
which were subject only to a Chicago Battery Test, those individuals are
subject to what we have set in place as an early warning system that
identifies individuals that may be exhibiting certain traits of psychological
problems, and these individuals are weeded out...
246 July 8, 1993
Mayor Suarez: I know that, Chief, but I'm wondering if you and/or personnel
and/or Assistant Chief Warshaw and/or the Manager and/or everybody else, went
file by file of every police officer to see if anyone else had been rejected
three times by another department, and we have another situation like the one
that recently happened or not. Can we say that we've looked at every single
background file of every single police officer in the department now, for that
kind of an indication, going back to when they were first hired?
Mr. Odio: You know, Angela - Angela makes...
Mayor Suarez: I'm sorry. No, I...
Commissioner Alonso: We need an answer.
Mayor Suarez: I heard an answer. I don't know if it was "no."
Chief Ross: No. What you - to answer the question you just posed...
Mayor Suarez: Why can't we do that?
Chief Ross: ... whether or not we have looked at every file for psychological
testing and background, we have administered...
Mayor Suarez: I didn't say "psychological testing." I said for whatever in
the background would reveal - which, presumably, they would - that an
individual has been rejected three times by another department, and maybe by a
security company, and we know that there's no one like that in the department.
Commissioner Plummer: There's one other problem, Mr. Mayor.
Mayor Suarez: Well, let me get an answer to that question. Can that be done
on a one -by -one basis or not?
Commissioner Plummer: Let me add to that, Chief, and it was also - and you
can correct me if it's wrong, and I want it corrected for the record. I was
told that this individual we're speaking of, without naming, was, in fact,
recommended for termination by an Assistant Chief, and was overrode by the
Chief and kept on the department. Is that a true statement, to your
knowledge?
Chief Ross: I would have to assess that. I couldn't give you a "yes" or "no"
on that right now.
Commissioner Plummer: Well, OK. City Attorney, you've delved into it. Is it
a true statement?
Mr. Jones: ... the information we have before us, yes.
Commissioner Plummer: Thank you, sir.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
247 July 8, 1993
Commissioner Dawkins: I would like for the Manager...
Commissioner Plummer: No, sir. Excuse me. For the record - Miller, please.
Commissioner Dawkins: Go ahead, J.L.
Commissioner Plummer: Not the people that are here. Not this Chief, nor this
Assistant Chief. It was a previous Administration. Let me clear the record.
Commissioner Dawkins: OK. Mr. Manager, you know, I am fed up with this
Commission and this Administration allowing the media to say that all of the
minorities that we took in during the time that the court mandated that you
take minorities turned out bad. Not a damn - not nobody around here has said
that this is not true. All you read is that everybody who turned out bad is
on the force because they were a minority, and we were made to take them. I
wish that you would authorize somebody on your staff. If you do not have
anybody on your staff, get some research. Find out for me the number of men
who came in during the time - men and women - who came in during that time,
how many of them are on the force now who are sergeants, lieutenants, and
above, who came in during that same time, who made good, that the media does
not point to. All it does is classify all the individuals who came in during
that time as bad eggs. And then let me know how many are still there and made
good, how many retired, how many got hurt and left the service, and how many
of them turned out as bad eggs. Now, I need that.
Mr. Odio: Yes, sir, you will have that by next week.
Mayor Suarez: And you know, Mr. Manager, as you do that - because the media
impression is totally incorrect and unfair to that effort - also, add to what
the Commissioner just stated, the ones that have advanced degrees, the ones
that have advanced courses.
Mr. Odio: Yes, yes, I'll be glad to do that.
Mayor Suarez: We, as a police department, have a much higher level of
education than most other police departments in the country, and a lot of that
began around the same time. So the impression is totally wrong that when we
became a high percentage minority department, somehow, the credentials went
down. I believe you can prove the opposite. But, Mr. Manager - and this is
the last time I'm going to say it - for myself - I'm one vote up here - I
would like to know that you are going to undertake a one -by -one background
analysis of this department, of all the officers that are there. I know about
the early warning system. I have answered media questions on that, and I
think it's a fine idea, and I know its limitations. But I want to know that
the situation cannot recur where an individual has been rejected by three
departments, and that is in his file or her file, and he's still in the
department, and we have not figured out some way - even if it's an
extraordinary way - to redress that. And that should be able to be done on a
one -by -one basis. I don't care if you have to assign Chief - Assistant Chief
Warshaw. It looks like he's ready to undergo 12-hour days to look through
them. I don't care if the FOP gets involved in it. I don't mind Mr. Cotera
looking over their shoulders. I think...
248 July 8, 1993
(INAUDIBLE COMMENT)
Mayor Suarez: No, they don't have to agree.
Commissioner Plummer: What?
Mayor Suarez: They don't have to agree.
Commissioner Plummer: Why would...
Mayor Suarez: They do not have to agree for us to look at files of our own
police officers when they were hired, Mr. Manager, and if you believe that,
sir...
Rev. Loudd: We wonder why.
Mayor Suarez: ... we're really in trouble.
Commissioner Plummer: Why is - excuse me. I don't understand why that would
be a negotiable item.
Commissioner Alonso: (INAUDIBLE)
Commissioner Plummer: Al, are you indicating that's a negotiable item?
Mr. Gray: If he doesn't want to look at it, then he's got something to hide.
Mr. Odio: No, that's fine. We can do that. We can do that.
Commissioner Plummer: Whewl
Mr. Odio: What I'd like to say is this, though. You're dealing...
Mr. Al Cotera: I haven't said a word.
Mr. Odio: We have established, what I think, as of 186, a state of the art
system.
Commissioner Alonso: I'm sure they have no problem with that.
Commissioner Plummer: Negotiable with who?
Mr. Odio: We have established a state of the art system. I want to warn you
about this, and I'm glad Angela reminded me. You're dealing with human
beings.
Commissioner Alonso: Yes, but we are talking about the bad apples that might
be there.
Mr. Odio: A police officer - we - to hire one police officer, we go through
1,000 candidates, I think, something like that.
Commissioner Dawkins: So because you go through 1,000, rather than go through
1,001, you hire the wrong one?
249 July 8, 1993
Mr. Odio: That means that that one individual that we think is perfectly
capable and is psychologically balanced and all that, when he's in the force,
something might trigger something in that person that we cannot predetermine.
Commissioner Dawkins: No, you can't do all that. Come on, we know that.
Commissioner Alonso: That's fine. That's fine.
Mr. Odio: Or not testing the world can predetermine, and - OK?
Commissioner Alonso: But if we can, we want to.
Mr. Odio: OK.
Mr. Gray: We're not talking about that guy. We're not talking about that
guy. We're talking about the one that's already there, that has that problem.
We're not talking about the one that...
Chief Ross: Mr. Mayor, if I may, let me just first of all go back to a point
that was raised by Commissioner Dawkins, as it related to training. One of
the first things I indicated here is that we will not be training in that
technique as we have trained in the past. We train our officers twice a year
in an in-service training to do that. We're not doing that. If we're not
training - and my statement to the City Attorney is that we're not training in
this. We're currently attending a joint academy where the curriculum is
devised for all police departments that are attending. I have no problem with
our officers not being trained in this technique, either in-service or at the
academy level. I do have a problem with us telling these officers that they
cannot use this technique or any technique to protect their lives or the lives
of others.
Commissioner Plummer: Nobody has asked that.
Commissioner Dawkins: You know, Chief, you're doing the same thing that
Plummer did to me. Now, this is the third time I've said to you - and. I want
all the policemen out there who may be looking at this to hear me say this - I
will say again, I do not want any of the police who work for the City of Miami
not to use any means at their disposal to save their lives. I've said I do
not want to lose a $55,000 investment because a person failed to save their
lives, and I go to the funeral instead of going to roll call to meet them the
next day. Now, I've said that, and I'll say it again, and I don't care what
you, the Mayor or J.L. Plummer said. I did not advocate...
Commissioner Plummer: What did I advocate?
Commissioner Dawkins: ... any policeman in the City of Miami not doing all
within his power to save his life - his or her life.
Mr. Gray: Well, Mr. Mayor, may I say this. I think that's the feeling of
every citizen in this community.
Commissioner Dawkins: Thank you.
250 July 8, 1993
Commissioner Alonso: Of course.
Mr. Gray: Every citizen will stand behind the policeman, but we cannot stand
behind him with what's happening. It's time for us to take a hard look at
what has been happening and make some changes, because they ain't working.
They - crime is getting worse, as hard as we work at it.
Comm ssi oner Plummer: Are we going to get a report on the haircut? Are we
going to get a report on the policemen that cut their hair, the article I said
was in the paper while I was gone about cutting somebody's hair off.
Mr. Gray: So, I mean, we got to work together as a community. You need our
help and we need your help, and unless we can come together and work it out,
it's going to get worse. And that's all we're trying to do. We want to work
with you. We want citizens involved, because we're the ones that's being
slaughtered. There are policemen being killed, too. We don't want that.
Commissioner Plummer: Jack Eads, he says that would... $3,000,000.
Mayor Suarez: On the item before us, then, and pursuant...
Mr. Gray: We don't want that, and we will work to help prevent that.
Mayor Suarez: On the item before us and pursuant...
Mr. Gray: But we don't want you to take a defensive attitude. We're
coming...
Mayor Suarez: I think...
Mr. Gray: Our intention is to make this community better.
Mayor Suarez: I think we're in agreement on that issue now, both as to when
deadly force needs to be used, and that the lateral vascular restraint should
not be used for simple reasons of restraint, or control, or arrest of a
suspect.
Mr. Gray: The community is proud of this decision, and you're going to see
the results.
Mayor Suarez: Very good.
Mr. Gray: And you're going to see the results. We're happy with it.
Mayor Suarez: I think a special moment of unity can result from this. I
don't know if you want to address that, Mr. Cotera, Reverend; either one, go
ahead.
Mr. Cotera: Yeah. I wanted the Commission to understand a couple of things
that were brought up.
Commissioner Plummer: For the record, your name is?
251 July 8, 1993
Mr. Cotera: Al Cotera, president, Fraternal Order of Police, Miami Lodge 20,
3399 Southwest 3 Avenue.
Commissioner Dawkins: Oh, you live in the City.
Mr. Cotera: Yes.
Commissioner Alonso: One of the unusual guys.
Commissioner Plummer: One of the better ones.
Mr. Cotera: And just for clarification, so that everybody understands. I've
tried to explain, but I want everybody to understand that the wording, when
you say "immediate threat of death or great bodily harm," is basically the
legalese that's needed or that is used to allow a police officer to use deadly
force, as in the case with a firearm. And what this is basically saying is
that if a police officer were legally able to use his firearm, then he would
be able to use basically anything it takes.
Commissioner Plummer: Well, that's...
Mr. Cotera: That's just for clarification.
Commissioner Plummer: That's the point.
Mr. Cotera: I'm in agreement with this. I have absolutely no problems with
this. Some of the other commentary that really wasn't germane to this, but
that was brought up, I have absolutely no problems with the department or
anybody else going through the records of everybody who's currently on board,
but as will soon be the case, I feel, when you hired someone - you guys did,
or the Management did - the union had no input in that back then anyway. When
that person is hired, when that person is trained, when that person is told
and taught techniques that are condoned and approved, when that person then
goes out and uses the techniques that you condone, you train, and you
condone - and you gave to them to use, now you're going to turn around and try
to punish that person, then you'll have a problem. You also have to see -
because they were doing what you basically told them to do. You taught them
how to do it, you trained them how to do it. You basically said, "Hey, we
didn't train you the right way, but we trained you how to do it, and then you
went out and did it." You're going to run into a problem when you turn around
and try to punish that person. You know, it's like if you teach your kid to
throw rocks at glass windows, you can't punish him when he breaks a glass
window. All right? I have no problems with anybody going through anybody's
files, but remember that the majority of this police department, the majority
of my membership hold civil service status. You just can't turn around and
say, two years, or three years or four years after you hire this person, for
no cause except, "Oh, listen, by the way, we shouldn't have hired you four
years ago, but because of the numbers, we did. Now, we don't want you here
anymore." So let's make sure that everybody understands, you know. Go look
at the files. Well, what happens when you find something? That's going to,
you know, that's going to become a problem.
Commissioner Alonso: Well, that's fine. That's fine what you're saying, but
also, even though I understand what you're saying, I'm having a problem with
252 July 8, 1993
what you're saying as well. What about the citizens of Miami who could be
victims...
Mr. Gray: That's right.
Commissioner Alonso: ... of a person that is an unfit policeman to be kept on
the force?
Mr. Cotera: You're absolutely...
Commissioner Alonso: If we identify a case who has the potential of becoming
a serious problem, and a dangerous individual in the force, we have a
responsibility to protect the lives of the citizens of Miami and take that man
out of the force, or sit that man on a desk, but don't have him on the street
where he has the potential of killing one of our people.
Commissioner Plummer: You don't play it that way. The difference is, you put
him in the property bureau instead of patrol.
Commissioner Alonso: I have problems with that, if we do it otherwise.
Mr. Cotera: Commissioner Alonso, all I'm trying to tell you is, don't put any
false ideas in the minds of the citizens of Miami, because to take someone out
of the force three, four years down the road because Management or
backgrounds, or somebody else, for whatever reason, hired that person. It's
not as simple as, "Well, sorry, you're gone." It doesn't work that way.
Commissioner Alonso: Well, let me put it this way...
Mr. Cotera: That's all I'm trying to say. I'm just, you know, I just want...
Commissioner Alonso: If we are aware of an individual that is on the force
and he has the potential of being a killer on the streets, we, "we" have a
responsibility to the citizens of Miami to keep that person outside this
service, even if it means sitting him or her in an office.
Mr. Cotera: If you can...
Commissioner Alonso: Something has to be done.
Mr. Cotera: Ma'am, all I'm...
Commissioner Alonso: We cannot sit and allow that, because the system tells
us, "Keep that person outside." I don't think you want to do that, do you?
Mr. Cotera: That's all very good, and theoretically, it sounds very good
also.
Commissioner Alonso: No, no, nol It's for real!
Mr. Cotera: But it's not for real, ma'am.
Commissioner Alonso: When that person is killed, it costs...
253 July 8, 1993
Mr. Cotera: There are civil service rules.
Commissioner Alonso: My friend, it does cost the citizens of Miami.
Mr. Cotera: There are disciplinary procedures, and you cannot turn around and
discipline someone and terminate someone from a police department that held
civil service status because the department erred five years ago in their
hiring. That, ma'am, doesn't happen. It doesn't work that way.
Commissioner Alonso: Sir, sir, whatever has to be done, it is our
responsibility toward the citizens of Miami, and I, for one, will do
everything in my power because when the case happens, then we all feel sorry
for the victim, we all feel sorry for the citizens of Miami who have to pay
enormous amount of tax from the taxpayers' money, and what do we do? One more
victim? No. This has to be addressed, whether we like it or not. But we
have to face reality. We cannot continue to - and I don't think you want the good policemen in the City of Miami don't want to have the potential of
the same case over and over.
Mr. Cotera: Ma'am...
Commissioner Alonso: And I'm not talking about the case that happened. I'm
not throwing any judgment, but I'm talking about the future, and how we avoid
future incidents. I don't want to see one more person dead. I don't want to
see it again. Something has to be done. And I think that this Commission has
a responsibility, and the City Manager has a responsibility, and the Chief of
Police has a responsibility, you have a responsibility, and we are all
together on this, and It has to be done, and whether we like it or not, we
have to face that reality.
Mr. Cotera: Ma'am, I'm not disagreeing that something may have to be done for
something like that.
Mayor Suarez: Very good. If you're not disagreeing, if you have any...
Commissioner Alonso: What the Mayor said, it makes sense. Go and check and
let us know what's happened.
Mayor Suarez: I expect that - let me just clarify something. I expect that
to be done within the next 30 days. I've got a memo to the Manager for myself
on it...
Mr. Cotera: That ain't gonna happen.
Mayor Suarez: ... being typed up as we speak. And just like you were hinting
at the fact that we have to cross the bridge of what happens if someone is
found, we'll cross the bridge of what happens if the Manager cannot assure me
in 30 days that that review has been done, file by file, of every police
officer. I made a pledge to myself that I was not going to face any questions
from the general public or the media, Chief - because the Manager, apparently,
is not interested in this, even though his job could depend on it - for my
vote, that I would no longer be silent when I was asked that by the media. I
would either say - and by the general public - I would either say, "Yes, a
case -by -case, file -by -file review has been done to assure ourselves that in
254 July S, 1993
the file, it is not reflected that someone was turned down by another
department because of psychiatric reasons, psychiatric problems, instability
of any sort." And if that file is found, we'll deal with that, and maybe
we'll have to deal with the union, too - I don't know - with the FOP. But if
I can't have that assurance within the next 30 days, I assure you that for
myself, I would be looking for a whole new Administration in the City. I need
that assurance. I absolutely have to have it for my vote, Chief, and Mr.
Manager, whether you take it seriously or not.
Commissioner Dawkins: J.L. Plummer... (INAUDIBLE).
Commissioner Plummer: Make me City Manager. Mr. Mayor, you know, somewhere
along the line, we have to remember that there's got to be a certain amount of
latitude by the Chief. The Chief and I have our differences. I mean, he has
his opinions, I have mine. We're both entitled to our opinions. The police
department has always had a way to protect under civil service.
Mayor Suarez: I don't know what latitude you're going to be heading towards,
but on this issue, there is no latitude.
Commissioner Plummer: Well, you want to listen? If you want to listen, I'll
tell you. And that is, if you have a man who is a problem, you don't fire
him. You may want to, but the Chief's got to go through civil service, which
is a bureaucracy that we have. But the difference is, you don't put him on
patrol; you put him in the property bureau. You take him off the street,
where he could create a potential damage, or you put him in some other
category, while you're going through the procedure, if, in fact, you feel that
this man is a problem. We went through - didn't we go through, Mr. Mayor, the
same problem with the FOP, who worked with us, and we came to a thing about
random testing for drugs? Same thing. Now, what I'm saying to you is, I
agree. I think we need to go back, we need to review files, we need to go -
have ongoing, not just when we hire them. A guy hired ten years ago might be
going through, five years afterwards, all kinds of trauma, and today, might be
more mentally unbalanced than he was ten years ago....
Unidentified Speaker: Absolutely.
Commissioner Plummer: ... and maybe ten years ago wasn't. So I think we need
ongoing...
Unidentified Speaker: Absolutely.
Commissioner Plummer: ... but I think that that's the way that it needs to be
done. If you find those cases and those scenarios, there's ways of dealing
with it, and I think you will.
Chief Ross: Mr. Mayor, if I may respond to what Commissioner Plummer said.
And he was right, we do disagree from time to time, and this is one issue that
we - I strongly disagree with him on. If I find an officer that's a problem
on the street, and has a severe problem, I certainly don't want to place him
in the property bureau, of all places, or any other place within the police
department. That's going to just create additional problems. There are no
locations in this police department that are dumping grounds for problem
employees. And I intend that if a problem is identified in any one of these
255 July 8, 1993
officers, we have a mechanism in place that I identified earlier, the only
warning system that gives us an opportunity to send this individual for a
fitness for duty psychological evaluation, and 1f he fails that, he's out the
door; not placed in some other location where he can continue to create
problems.
Commissioner Plummer: That's fine.
Chief Ross: We don't need that.
Commissioner Plummer: That's fine.
Chief Ross: And we do disagree on that.
Commissioner Plummer: I don't - no, I don't have any disagreement with that.
Commissioner Alonso: That's right.
Mayor Suarez: I think the general idea that the Commissioner was heading
towards is that you figure out a way to have the officer in a situation that
is nonconfrontational, and maybe not 1n any way involving the use of a weapon,
if you have a problem.
Commissioner Dawkins: See, I have to differ.
Chief Ross: And the mechanism in place will give us an opportunity. If the
officer is not a psychological problem, he is returned to duty, or he's given
some type of psychological counselling. If it's stress -oriented, he's given
counselling in that. We try our best to reorient this person to be a
productive officer. But let's not...
Mayor Suarez: And maybe another kind of employment in the City.
Chief Ross: What - what I want to do...
Mayor Suarez: Maybe another kind of employment in the City. We've talked
about that, we've suggested that, we've put it into many memos, many reports,
many position papers, and what we've gotten back from the Administration is
roughly what we're getting back now.
Chief Ross: I want to assure the people of the City of Miami, particularly,
and this Commission that the officers on the department are of the highest
caliber.
Mayor Suarez: Wait, wait, wait, Chief. I am going to call a recess of this
Commission for five minutes.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 6:01
p.m. AND RECONVENED AT 6:11 p.m., WITH ALL MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT.
Mayor Suarez: Ladies and gentlemen, this Commission will please come back to
order. Let me define what I mean by "order." Apparently, it needs to be
defined. I want the full, undivided attention of City staff, as we discuss
256 July 8, 1993
any item of any importance whatsoever, but particularly, when we discuss an
item of the consequence of the recent settlement that we just had in the
amount of seven and a half million dollars, of the consequence of someone who
is now comatose, and people who from time to time have had even worse - I
don't know what's worse than that. And Commissioner Plummer, I would really
appreciate if you would let me - and Mr. Rodriguez, sir, we need the full and
undivided attention of the Administration, and anyone that 1s with us here in
the audience on the item that is at hand. We try to follow the agenda - I've
been doing that for almost eight years - we try to take the items as they come
up. This Item, at the request of Commissioner Dawkins, was taken a little bit
in advance. It is an extremely important item. It is an item that involves a
policy of the gravest consequences. It is one that the police officers talk
about at night when they go home, with their spouses. It is one that
community leaders worry about; otherwise, they wouldn't be here. And it is
one that, if we do the wrong thing, will have the direst consequences for our
community. It requires and must have the full and undivided attention of the
Administration. I don't want to get carried away, but I will expect a report
from the Manager in the next 30 days on the issue that I presented. There is
a memo, Chief. I'll copy you with it, and my colleagues on the Commission.
If I don't get satisfaction on it, I will call a special session of this
Commission to discuss what we do about it. Now, back to the issue at hand,
which is a resolution. I think we've talked about it, I think the wording is
clear, I think the wording is in accordance with Constitutional principles,
and I think it pretty much accords with what you want us to do and what the
community feels is right to do, and this Commission feels - let me not assume
that it's unanimous - but I think we can put it to the test. So Mr. City
Attorney, if you'd like to read the resolution into the record, please.
Mr. Jones: Mr. Mayor, I previously read it into the record.
Mayor Suarez: All right. If anyone needs to have it read again...
Commissioner Plummer: Move it.
Mayor Suarez: If not, I'll entertain a motion.
Commissioner Alonso: Second.
Mayor Suarez: Thank you. Any further discussion? If not, please...
Mr. Gonzalez-Goenaga: Yes.
Mayor Suarez: Mr. Gonzalez-Goenaga, briefly, sir. And if you support the
motion, remember that around here, when things are going your way...
Mr. Gonzalez-Goenaga: I'm going to be briefer. Not only do I support the
motion, I want to add into the record the editorial of today's Miami Herald,
Thursday, July the 8th, "Police Enforcing Restraint," and also, the editorial
on the - on August 11, 1992, on the assassination of Fermin Alameda. This was
not a choke thing. This was with their knees. So - and another thing that I
want to add, my dear friends, I am the head of Citizens United Against Police
Brutality. That sergeant there has illegally arrested me, and he continues
harassing me, and he just told me a few moments ago, he curse at my mother.
That cannot continue. It's not only police brutality by words - it's also by
257 July 8, 1993
words. So let's teach these officers some kind of common sense, and
sensitivity. We - we approved $300,000 for the sensitivity course to
policemen. I have in my own experience, have to say that I have not had any
problem whatsoever with an American policeman, a white American, or a black
policeman. I find them - specifically the blacks that have stopped me - more
sensitive than the American policemen. But some Cuban policemen, I don't
know. I call them the macho men. Thank you very much.
Mayor Suarez: All right. Mr. Gonzalez-Goenaga, sir, you have...
Mr. Gonzalez-Goenaga: And I also want to include in the record what has been
presented to you before, by Johnnie McMillan of the NCAP (sic). 240 pages...
Commissioner Plummer: The what? NCAAP?
Mr. Gonzalez-Goenaga: ... on the hearings on police brutality.
Mayor Suarez: We have that report and it's available for any citizen that
would like to...
Mr. Gonzalez-Goenaga: But have you read it?
Mayor Suarez: Yes, sir. Have a seat now.
Mr. Gonzalez-Goenaga: Thank you.
Mayor Suarez: We have heard you many, many times. You have come up here, and
you have collectively insulted the entire Police Department of the City of
Miami, and this entire Commission. Have a seat, sir. Today, you have managed
to make a specific accusation...
Commissioner Plummer: He's consistent.
Mayor Suarez: ... and it is one that I don't think this Commission needs to
take notice of, or anyone else, for that matter, because we're still in a
country where you can say pretty much what you want to someone, although it's
not always a good idea. And the person you alluded to, I think, has requested
by hand motion that we not go into it, so we'll respect that, but we really,
really have a hard time sometimes, dealing with your...
Commissioner Plummer: You can stop all of this by calling the vote.
Mayor Suarez: Yes. Do you have anything further?
Chief Ross: Yes. Let me just say this for the record. I was about to say it
before we had a break. The citizens of this City, I would like to assure them
and this Commission that this police department has done everything possible,
and will continue to give them the very best police officers, putting measures
in place that not only scrutinize the officers when they make a mistake, but
officers that shouldn't be on the department. We're doing that. And I want
to assure them that the officers that are out on the street that are
responding to calls are the very best officers that we can identify and put
out there. And I want to clear the air, and clear the minds of our citizens
as to our officers now being subjected to a very in-depth look at their files
258 July 8, 1993
R
to weed out more officers. We have mechanisms in place that do that, and I
want them to know that the officers are the very best that this State and this
nation have to offer, and I stand behind them a hundred percent.
Commissioner Plummer: I'm not going to do it.
Mayor Suarez: All right, Chief, and so do we. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-449
A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING
POLICY THAT THE LATERAL VASCULAR NECK RESTRAINT MAY
NOT BE USED AS A CONTROL OF PERSONS TECHNIQUE AGAINST
A SUSPECT WHO DOES NOT POSE AN IMMEDIATE THREAT OF
DEATH OR GREAT BODILY HARM TO A POLICE OFFICER AND TO
OTHERS.
(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.
-------------------------------------------------NOTE FOR
THE RECORD: At this point, agenda items 51 & 56 were
withdrawn.
-------------------------------------------------
Mayor Suarez: We have some announcements. Item 51 and...
Commissioner Plummer: What about 50?
Mayor Suarez: ... has been withdrawn, and also item 56. So we're going to
continue with the rest of the items.
Commissioner Plummer: Fifty-one and 56?
Mayor Suarez: Yes.
259 July 8, 1993
62. GRANT FUNDING REQUEST BY COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT
CONCERNING THIS YEAR'S ROYAL POINCIANA FIESTA.
Mayor Suarez: Item 50.
Commissioner Plummer: Is there anyone here from the beautification - there
you go.
Mayor Suarez: Stephen Pearson. We're still going to have the beautification
effort over at Saint John's? Does that look viable?
Mr. Stephen Pearson: You bet.
Mayor Suarez: Has the Chamber of Commerce come across with any money or...
Commissioner Plummer: Ha-ha. Don't hold your breath.
Mr. Pearson: I'm not sure who's come across with the money.
Mayor Suarez: They did pledge to me at least a thousand dollars. I don't
know how much you're going to need, but...
Mr. Pearson: We won't use any more than we need.
Mayor Suarez: All right.
Mr. Pearson: And it won't probably be close to that. I'm Steve Pearson. My
address is 701 Brickell Avenue, Miami, Florida. I'm the chairman of the City
of Miami Committee on Beautification and Environment. I've held that role
since November 1991. I have worked very hard on the various programs of the
committee. Many volunteers have worked very hard. We now have approximately
300 people that I can count as active members who are actually doing things to
further programs, and I'm here today to tell you a little bit about the
programs and to solicit your support and assistance in helping give us
direction on where we go from here. Probably our most visible and biggest
program is the Royal Poinciana Fiesta. The last two years it has grown both
in size and importance in the community. This recent year I estimate we had
about 1,300 to 1,500 people attending the events. That is not yet of a major
tourism impact, but it is certainly a strong growth record over the last two
years. My personal interest has been involved with tree plantings that we
have fostered. To date we have put in over 200 trees in public areas. We
helped plant trees in Peacock Park, along SR-112, I-95 and 836. We have other
plantings planned. On July 17th, we're helping the Saint John's Community
Development Corps plant trees in a small townhouse development in Overtown at
Northwest 13th Street and 3rd Avenue. The Palm Society is helping us with
tree planting on August 8th, and other massive tree planting is planned for
September 11th along SR-112. We have also facilitated other groups in their
programs. We donated trees and assistance to a Haitian community up near
Biscayne Boulevard in planting trees along their streets. We've helped the
Biscayne Boulevard Chamber of Commerce acquire trees, helped them planting
260 July 8, 1993
their tree plantings up in that area as well. While the committee is growing
both in numbers and in programs, we are losing support, at least at the City
level. As all the Commission is aware, I believe, my predecessor received a
full-time administrator, he received ample budget to support the activities,
and he received other things, like staff photographers and other perks that I
have no interest in. I do, however, have interest in being able to continue
in the present level of our activities, and to continue to grow those
activities. However, we are volunteers. No one receives any money for these
activities, and basically, we have a corps of people that are working very
hard, but we're reaching the limits of what we can do, or already past the
limits, I think, is more correct. We had a budget of $10,000 when I took over
the committee, an annual budget of $10,000 from the City. I tried hard that
first year, even though I was kind of mandated to continue some of the
programs of my predecessor, not to waste a single dollar of that allocation.
Then last summer, our funds were cut to zero. And I need to talk with this
Commission about where the committee's going, and ask for your support, and
again, formalizing a formal budget for us and a formalized support level for
us. I also, as part of that discussion, would like to put on the floor
something that we've been approached about. There's a group called Keep
America Beautiful, which is a national organization that supports litter
control and recycling. They would like us - the Committee on Beautification
of the Environment - to become the Dade County entity representing that group.
They have been impressed with what we're doing. They have told us also that,
you know, this would not be in lieu of our present programs. We could
continue to support the tree plantings, we could continue with the Royal
Poinciana Fiesta, but they would like us to become a Countywide entity that
was a public/private partnership that would then take on as a major portion of
its functions, promotion of recycling and litter control, and other measures
involved with pollution control and things like that. But the bottom line is,
to do that, we would need not only the City's support, but the support of Dade
County and some of the other municipalities. We would look to hopefully to do
that, to be able to raise support at the level of thirty to fifty thousand
dollars a year, so that we could obtain the administrative assistance we need
to properly foster the programs, the mailings, the phone calls, the endless
amounts of work that needs to go into these kind of things. And I need to get
direction from the Commission on where we can go or where would you like us to
go, and then we can stay as a City of Miami Committee, if that's what you all
would like, but if we're going to do that, we need some support from the City.
I'm not saying it has to be $10,000, like was given before, but we need
something to help with the mailings, the copying, some kind of secretarial
types of work.
Mayor Suarez: Let me just ask a question. Do we have anything on... in the
fund that is created by developer contributions?
Commissioner Alonso: We do.
Mayor Suarez: Because I think this is a good...
Commissioner Plummer: Do we have any presently?
Mayor Suarez: Do we have anything left in it?
261 July 8, 1993
Commissioner Plummer: You're talking about the voluntary contributions that
we extract?
Commissioner Alonso: We certainly have.
Mayor Suarez: Right, the voluntary contributions that you usually negotiate
so ably.
Commissioner Alonso: Yes, we have.
Ms. Angela Bellamy: I have been told that there is money available. We're
` trying to find out exactly how much.
Mayor Suarez: Because I - for myself, it seems to me logical to set aside on
a yearly basis at least $10,000 of the money that comes into that. Would my
predecessor, the former Mayor of Miami, like to come in and join us here for a
second, so we can at least know that he's visiting us? Does that sound like a
good...
Commissioner Dawkins: Why not make it 15? I mean...
Mayor Suarez: OK.
Commissioner Dawkins: He says that he had difficulty with the $10,000.
Mayor Suarez: He showed his face and then he took off. I'm sorry.
Commissioner Dawkins: Yes, mm-hmm. We should - I mean, I would like to see
it made $15,000.
Commissioner Plummer: I don't think it's a bad idea at all.
Mayor Suarez: All right. I think...
Commissioner Alonso: Is that the motion?
Mayor Suarez: Yes.
Commissioner Alonso: Yes, I second.
Mayor Suarez: But understand, it's not from our regular budget. We don't
want you to think that life is now easy and guaranteed, but we typically
collect a lot more than 15,000 on a yearly basis.
Commissioner Plummer: You better go out and generate some zoning.
Mayor Suarez: And you'll want to stay in touch with Plummer who exacts and
Dawkins does a pretty good job, too.
Commissioner Plummer: You better go out and generate some zoning issues.
Commissioner Alonso: But I think it seems very logical to get it from that
funding.
262 July 8, 1993
Mayor Suarez: Yes. Yes. It's the logical funding, because it's developer
contributions.
Commissioner Alonso: Yes.
Mayor Suarez: So moved and seconded. Any further discussion? If not, please
call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-450
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$15,000 FROM THE PROFFER TRUST FUND FOR FISCAL YEAR
192-93, SUBJECT TO THE AVAILABILITY OF FUNDS, IN
SUPPORT OF THE CITY OF MIAMI COMMITTEE ON
BEAUTIFICATION AND ENVIRONMENT ("COMMITTEE")
ALLOCATING AN AMOUNT NO TO EXCEED $15,000 FROM THE
PROFFER TRUST FUND FOR FISCAL YEAR '93-94, SUBJECT TO
THE AVAILABILITY OF FUNDS, IN SUPPORT OF SAID
COMMITTEE; FURTHER CONDITIONING SAID ALLOCATION UPON
SAID COMMITTEE'S COMPLIANCE WITH REQUIREMENTS AND
LIMITATIONS AS MAY BE PRESCRIBED, PURSUANT TO
APPLICABLE LAW, BY THE ADMINISTRATION OF THE CITY OF
MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
Mr. Pearson: Thank you very much. Could I ask you just one last question.
Mayor Suarez: I think the first installment of that may be able to be
obtained right away in this fiscal year, because I think there's some funds
available, so I think the intent reflects that if we have 15,000, we should...
Commissioner Dawkins: Give it to him.
Mayor Suarez: ... we should give it to you right away.
Ms. Bellamy: I've been told that we do have 15,000.
263 July 8, 1993
Mayor Suarez: And then maybe pick up 12 months from now as opposed to...
Commissioner Plummer: That is to be from the Proffered Trust Fund, is where
that money would come from.
Mayor Suarez: Proffered Trust Fund. As a good attorney, you should be able
to figure out your way through to that.
Commissioner Plummer: The proper terminology.
Mr. Pearson: OK. The last question - first of all, thank you very much for
that show of your support. We need it and we'll...
Commissioner Plummer: You better quit while you're ahead.
Mr. Pearson... we'll use it very wisely.
Mayor Suarez: Whether you want to make it City or County, Steve, I think - I
don't know that we ought to decide that today. I - we'd love to see the name,
"Miami" on it, certainly, and if the money is coming from our developer
contributions, I guess you better stick to a City effort, although you
obviously have County involvement.
Mr. Pearson: Well, right now, I guess we'll leave that that I'll see what
other alternatives there are that make sense for the City and we'll revisit
it.
Mayor Suarez: And if you could have a partnership, and then we make - spin
off another 501-C3 corporation, or another entity with City and County
partnership, that would be nice too, I think.
Mr. Pearson: OK.
Mayor Suarez: All right, sir.
Mr. Pearson: Thank you very much.
Mayor Suarez: What is the date of the Saint John's effort, so we can tell all
the Commissioners?
Mr. Pearson: July 17th. That's at Northwest 13th Street and 3rd Avenue.
Mayor Suarez: And that's a week from...
Mr. Pearson: Saturday.
Mayor Suarez: ... Saturday. And the idea is to beautify that project, which
already looks nice, but really needs a little bit of landscaping. They ran
out of money, so the idea is to be out there on that day and I know
Commissioner Plummer is dying to go out there, and Alonso, and Dawkins, with
the hard hats and the shovels. All right. Thank you, Steve.
Mr. Pearson: Thank you very much.
264 July 8, 1993
k
Mayor Suarez: Item 52.
Commissioner Plummer: William Garcia.
Mayor Suarez: I'm sorry, item 51, I guess.
Commissioner Plummer: Huh?
Mayor Suarez: Did we already dispose of that?
P
Ms. Matty Hirai (City Clerk): It's withdrawn, Mr. Mayor.
Mayor Suarez: All right. Item 52, I'm sorry.
Commissioner Plummer: Fifty-two - 51 was withdrawn, right?
Commissioner Alonso: Yes.
Ms. Hirai: Yes.
Mayor Suarez: All right. Fifty-two.
Commissioner Plummer: I don't - is there anybody here on 52?
------------------------------------------------------------------------------
63. PERSONAL APPEARANCE BY MS. ROSALIND FORREST TO REQUEST (A) A FENCE
AROUND SIMPSON PARK AND (B) THE COMMISSION TO MAKE IT MANDATORY FOR ALL
CITY PARKS TO PLANT WILD FLOWERS -- SAID FLOWERS TO BE DONATED BY THE
DEPARTMENT OF TRANSPORTATION -- REFER TO ADMINISTRATION.
Mayor Suarez: OK. Item 53.
Ms. Rosalind Forrest: My name is Rosalind Forrest, and I live at the
Brickell - the Palace on Brickell Avenue, 1541 Brickell. And you're going to
enjoy doing this, because you're going to be doing something for everybody in
the community, including children. A block away from my apartment building...
Mayor Suarez: Simpson Park.
Ms. Forrest: ... is Simpson Park. It is hard...
Mayor Suarez: Let me just check something to see if we've got some monies
coming for Simpson Park that we're - I asked the Manager to try to reroute
some funds that we got back from the Metropolitan Planning Organization
towards helping Simpson Park. Is that something that can be done?
Mr. Alberto Ruder: Yeah, we've researched that and it can be done, and that
would help us meet the shortage that we have, so that will be the solution to
this problem.
265 July 8, 1993
Mayor Suarez: OK. Let me just tell you that, Commissioners, that the
Metropolitan Planning Organization made available to each of its members about
20-some thousand dollars. I suggest to the Administration that we pay some of
our staff that helps in transportation issues, and replace that money then in
the budget, and I gather it doesn't require Commission action, but the least
we could do is let you know about it.
Mr. Ruder: Yeah.
Mayor Suarez: With - into the fund that is needed so Simpson Park can be
brought back up to speed, since Simpson Park is not exactly the kind of park
that we can take monies from the Parks Improvement Fund or other places,
because it isn't something that the community is beating down the doors about,
but we know how important it is, and what a natural habitat it is, and if you
want to say more about it...
Ms. Forrest: Well, since you've agreed, I appreciate it, and we all do.
Mayor Suarez: Basically, it's to secure the park with a complete fence all
around it.
Ms. Forrest: Now, we're all - there are about 5,000 citizens on the street
from Brickell, you know. 415... Southeast 15th Road to Brickell Key, to
Crandon Park. At least more than that, and they're afraid to walk past that
park. OK. Now, I was given permission to bring something else up. LadyByrd
Johnson started a program, a national program on planting wild flowers on the
roads, and she has movies shown very often on what she's done - well, what
they've done. They've plant - the whole State of Texas is covered with wild
flowers. There are wild flowers in Northern Florida up until Orlando. I
drove from Orlando to Miami, and from Miami to Key West...
Commissioner Plummer: We went through this at Bayfront Park. It won't work.
Ms. Forrest: ... and I didn't see one wild flower. And so...
Mayor Suarez: Is it possible that it won't work in this community because of
the weather?
Ms. Forrest: Wait. That - that's...
Commissioner Plummer: We entertained this, Mr. Mayor, at Bayfront Park, and
Lester Pancoast did an in-depth study'in behalf of the park.
Ms. Forrest: I'm not talking about your project with Bayfront - with your
trust. I'm asking for something entirely different, if you don't mind.
Commissioner Plummer: Ma'am, if you'd let me finish, I'll be glad to.
Ms. Forrest: You didn't let me.
Commissioner Plummer: I'll be glad to wait.
Ms. Forrest: Thank you.
266 July 8, 1993
Pi
Mayor Suarez: All right.
Ms. Forrest: I found out there weren't any wild flowers, and I presented the
Governor with a program, and the program has been accepted, and the Dade
County School System, and the Agricultural Department is going to be planting
the wild - they're children in the schools, and their programs will be
planting the wild flowers. The Department of Transportation will buy the wild
flowers, and they will plant them.
Commissioner Plummer: It won't work without irrigation.
Ms. Forrest: And the best part of the whole program is...
Commissioner Plummer: Worse than North Florida.
Ms. Forrest: ... the - well, you call them the exceptional children. They
will be planting. And the program is now going from Miami to Key West, to
Monroe County, and the children in the schools down to Key West will also be
growing the wild flowers and selling them to the Department of Transportation.
The most wonderful thing is that the exceptional children - there's a certain
group of them right down in Key West, they'll be doing that area. So because
of Rosalind Forrest - and I have to give myself credit - there will be wild
flowers growing on all the roads in - going down from Dade County to Key West.
And I brought that up at the - Ira Katz allowed me to present the program for
the...
Mayor Suarez: Bayfront Park.
Ms. Forrest: ... Bayfront Park Trust, and they unanimously accepted the
program.
Mayor Suarez: Very Good.
Ms. Forrest: Lester Pancoast said that was not within keeping of the Noguchi
program, you know, design.
Mayor Suarez: Oh, I hope that's not the impediment.
Ms. Forrest: That's what he told me.
Commissioner Plummer: Be careful.
Mayor Suarez: I hope that's not the impediment, Commissioner Plummer, that
it...
Ms. Forrest: But may I please tell you what happened?
Ms. Forrest: I called Mr. Sadao, who is the...
Mayor Suarez: Right.
Ms. Forrest: ... following architect, and spoke to him about the wild flower
program, and he said send up the particulars, which I did. And he - I called
him a week later, and he said he sees no objection to wild flowers. Now, I'm
267 July 8, 1993
not an architectural designer. Perhaps Mr. Pancoast is right, perhaps they
wouldn't fit in there. But they will - so I'm asking you today, Mayor, please
make it mandatory for all the parks in Dade - in the City of Miami, the City
parks - to plant wild flowers where - and also, in the golf courses. And I
have here a - the thing that was printed. Basically, it says, an aesthetic
way of conserving water and fuel in Florida will be to plant them.
Mayor Suarez: OK. We're not experts. We're not experts, but the general
idea that we should have as much of the City planted with wild flowers and
other forms of vegetation that make sense can be worked out. The details can
ti be worked out with Parks and with the prior group that spoke. Remember,
that's the Miami Beautification Committee, Rosalind, because we're not experts
up here. I wouldn't be able to tell you...
Ms. Forrest: I have to tell you...
Mayor Suarez: ... if that was a good idea or not.
Ms. Forrest: Oh, this has nothing to do with me.
Mayor Suarez: Sounds good to me. I mean, I...
Ms. Forrest: I haven't done a thing with the Beautification Committee of the
City of Miami, because this would never have happened if I had. I did it all
on my own.
Mayor Suarez:
Well, I know, but they now have
become somewhat re -energized,
and even have
some funding, so.
Ms. Forrest:
OK. Well, I wouldn't be - I won't
be...
Mayor Suarez:
And you saw that the earnest young
man that was here,
he seems
to really want
to help out, and he's doing a lot
of good things.
Ms. Forrest:
Well, you're a good sport. OK.
Mayor Suarez:
And it's not all poincianas, you
know. They want to
do wild
flowers, too,
Ms. Forrest:
Thank you for saying that. OK.
Mayor Suarez:
I think so. I believe so.
Ms. Forrest:
Thank you. OK.
Mayor Suarez:
I mean, in the right places and in the right context, I
believe
SO.
Ms. Forrest:
OK, but I'm not associated with
any organization. I
just do
this...
Mayor Suarez:
I know, I know. You work on your own, and you help
us a lot
with Simpson
Park, and we really appreciate that
because...
268 July 8, 1993
Mr. Gonzalez-Goenaga: Mayor...
Mayor Suarez: ... if you hadn't started the work on Simpson Park, we might
never have kept it up.
Mr. Gonzalez-Goenaga: Yes. I am in favor of making - covering Simpson Park,
but we may have a problem there. That place is frequented by homosexuals
and...
Ms. Forrest: That's why I want the fence.
Mr. Gonzalez-Goenaga: Yes. And very prominent members of this community have
been arrested there, like Mr. Leslie Pantin, among other ones, and...
Mayor Suarez: Oh, all right, Mr. Gonzalez-Goenaga. Just have a seat now. I
really think that this - this is the...
Mr. Gonzalez-Goenaga: Oh, it's a police record. We must...
Mayor Suarez: Sergeant, in as nice a way as you can...
Mr. Gonzalez-Goenaga: No, I am leaving.
Mayor Suarez: ... if he gets up and tries to take the microphone and make
personal allegations, we're just going to have to remove him.
Mr. Gonzalez-Goenaga: No, no, no, it's no allegation. It's a fact.
Ms. Forrest: Oh, the Mayor has taken care of the problem. Thank you.
Mayor Suarez: Thank you, Rosalind. This is a bit much, because I don't know
why anyone would come up here and try to suggest that someone was arrested at
a park for all kinds of reasons that make no sense whatsoever. All right.
64. DISCUSSION CONCERNING REQUEST BY EL YAYABO SOFTBALL CLUB, INC. TO BE
ALLOWED TO SPEND $60,000470,000 IN IMPROVEMENTS TO ROBERT KING HIGH
PARK -- REFER TO ADMINISTRATION FOR NEGOTIATION, WITH PROVISOS.
Mayor Suarez: Item 54. Thank you.
Ms. Luisa Garcia -Toledo: Luisa Garcia -Toledo, 9130 Southwest 134th Place.
Mayor Suarez, Commissioners, I'm here today to speak on behalf of the Yayabo
Softball Club, Incorporated.
(INAUDIBLE COMMENT)
Ms. Garcia -Toledo: No. Oddly enough, not to ask for financial assistance
from the City of Miami, but to donate certain improvements to the City.
Before going into what brought me here today, I would like to explain why this
is called the Yayabo Softball Club. Yayabo was the river that went through
269 July 8, 1993
our hometown, Santi Espiritus. If I remember it correctly, it was bigger than
the Mississippi Missouri. So at least this is what we think of...
Mayor Suarez: It was bigger than the Mississippi?
Ms. Garcia -Toledo: Yes. That is my recollection of the Yayabo.
Mayor Suarez: Ahl You must have been very small, and the river must have
looked very big.
Ms. Garcia -Toledo: The founding members of this nonprofit organization that
was legally incorporated on January 31, 1989, have gathered consistently on
Sundays and holidays since 1975. More than 800 families compose this group of
highly respected and responsible individuals that since 1975 have played
softball and conducted other social and cultural activities, first at the
Loyola School playground, and for the past 12 years, at the Miller Park
Softball Field, also called Blue Lakes Softball Field, where in both cases,
they have earned highest regard and praise from the responsible parties in
these parks...
Commissioner Plummer: Who is Serafin Sanchez?
Ms. Garcia -Toledo: ... maintaining and replacing due to natural wear and tear
the facilities on both locations.
Mayor Suarez: Is GT Sports involved in any of this...
Ms. Garcia -Toledo: Not at all.
Mayor Suarez: ... and they're going to donate some things...
Ms. Garcia -Toledo: Not at all.
Mayor Suarez: ... or the Garcia -Toledo family...
Ms. Garcia -Toledo: Not at all.
Mayor Suarez: ... or some donation that you want to tell us about?
Ms. Garcia -Toledo: None whatsoever.
Commissioner Plummer: Who's Serafin Sanchez?
Ms. Garcia -Toledo: This is not related to our personal business.
Mayor Suarez: But I mean, is someone going to...
Ms. Garcia -Toledo: It's because I was born near the Yayabo. That's all.
Mayor Suarez: OK, but are you going to - is there some donation that has to
be announced? Because you apparently don't need anything from us except a
blessing and tell us good news.
Ms. Garcia -Toledo: The blessing, the blessing, that's it. And we are ask...
270 July 8, 1993
Commissioner Plummer: Well, are we talking about this item here, the...
Ms. Garcia -Toledo: Yes.
Commissioner Plummer: Who is Serafin Sanchez?
Ms. Garcia -Toledo: He was a general in the independence war in Cuba.
Commissioner Plummer: And so we're going to make a monument to him in the
park?
Ms. Garcia -Toledo: A very small one, yes. Would you like to...
Commissioner Plummer: But it still would remain as - in the name of the ex -
Mayor.
Ms. Garcia -Toledo: Excuse me?
Commissioner Plummer: It would still be the Robert King High Park.
Ms. Garcia -Toledo: Oh, yes. It has nothing to do with that. It will be just
a very small place where we can pay reverence to our independence war hero.
He was born in Santi Espiritus, of course.
Mayor Suarez: Of course. And is there any donation or something that goes
with this effort?
Ms. Garcia -Toledo: Well, we are going to build - this is what Commissioner
Plummer was reading from. The information is right here. It is not a lengthy
one, if you want me to go into it. Everything that is going to be donated
from the Yayabo Softball Club is going to amount, I would say, from sixty to
seventy thousand dollars, and everything is clearly established here.
Mayor Suarez: There's a new picnic pavilion with restrooms...
Commissioner Plummer: Yeah, but they're talking a hundred days a year.
Mayor Suarez: ... renovate, enlarge existing softball field, construct a
small monument to Serafin Sanchez. You just mentioned that. Estimated value
of improvement, $60,000, and all...
Commissioner Plummer: Well, Mr. ...
Mayor Suarez: ... from the Vice Mayor's budget, right?
Commissioner Plummer: Mr. Mayor, I think there's a lot of things here that...
Mayor Suarez: No cost to us, right?
Commissioner Plummer: I - you know, I - this is a public park, and the public
should be entitled to a park.
Ms. Garcia -Toledo: Yes.
271 July 8, 1993
Commissioner Plummer: And these people are part of the public, if they live
in the City. The point, I think, is that there's a lot of clarification
needed here prior to approval by this Commission. For example, it says,
construct a new pavilion, but that they have 100 days of use of that pavilion.
Now, you know, that's - so I - that's a third of the - basically a third of
the year. And what I'm saying, I guess, is...
Vice Mayor De Yurre: No, it could be all weekends. That's theoretically.
Commissioner Plummer: Well, that - you know, here again, that is going to
allow some problems down in that park. As we know, one of the problems would
be the Boy Scout Jamboree.
Ms. Garcia -Toledo: Oh, no. We are talking about two separate areas. We have
already talked to Carlos Arboleya, and he blesses this project, and this...
Commissioner Plummer: My love, have you ever been out there during the Boy
Scout Jamboree? There's one area.
Ms. Garcia -Toledo: No. It's - where we're talking is a very small place at
the entrance, way before going into the back side of the park.
Commissioner Plummer: When the Boy Scout Jamboree is there, there's one area.
Mr. Wally Lee: Commissioner...
Commissioner Plummer: You have about 6,000 boy scouts out there, OK?
Mr. Lee: May I interrupt, just to clarify this point. We met with Carlos
Aboleya about six months ago, this group, Mr. Ruder, and myself, and he was in
complete agreement with it.
Commissioner Plummer: Al right. Look, I'm saying is, I don't think this
group should have the right to have exclusive rights to the pavilion every
weekend. Now, that's denying some members of the public the right to the use
of the park. I don't think that it - I think it should be written into here
that they cannot lease this out to anybody else, OK? That it has to be for
their use, the days that they have use, and I think that 100 days is a lot of
days. I really do. If it's a park for the public, I think they should have
"X" number of days commensurate with the donation that they're giving. As far
as the baseball field, according to this - or the softball field, they get the
use of the camp ground three pre-set times per year, assuming that there are
no other reservations. I think that's fine. I don't think there's anything
wrong with that. Will not interfere with the Boy Scout Jamboree, that's fine.
Now, park permit fees, I got a problem there. I don't think they should be
waived for - when you waive them for anybody, you waive them for all. The
bulk of the general public shall have use of these facilities at all other
times. Well, you know, what are "all other times"? I didn't see here, for
example, until Victor just so stated, this was every Saturday and Sunday out
of the year.
Vice Mayor De Yurre: I didn't say that. Potentially, that's what it could
be.
272 July 8, 1993
Ms. Garcia -Toledo: Not Saturdays.
Commissioner Plummer: Well you - every weekend. These were all weekends. I
think that's wrong. I think that's wrong. OK? So these are the things. I
think you have a good proposal here, but I think that there's got to be some
limitations, and I think there's got to be some things spelled out and
understood completely, so in the future, there's no other misunderstandings.
That's my opinion.
Mr. Carlos Borrego: Ah, yeah, I understand that, but when we say 100 days,
it's because we're going to be a group of 200, 300 people in a pavilion 30 by
16. I don't think you can put more people in there. Besides, you have
another pavilion in there with - where you have - they play dominos in there,
they play ping-pong, they - they - you know, we are not saying that we are not
permitting other people to get in. You know, it's going to be open for the
public.
Commissioner Plummer: Sir, I'm not saying that at all. Again, understand me.
This is a public park for the public. You want to use it and you want to do
some improvements, and you're entitled to certain reasonable things for those
improvements. I think that's great. We around here ask that people adopt
parks, OK? Corporations primarily, to adopt a park go in and take care of it.
But you cannot exclude, nor give an exclusivity...
Mr. Borrego: We're not.
Commissioner Plummer: ... to any organization.
Mayor Suarez: That's understood, and they're adopting kind of a portion of
the park, but not exclusively.
Commissioner Plummer: Exactly, exactly.
Ms. Garcia -Toledo: It's a very small portion.
Mr. Borrego: Very small.
Ms. Garcia -Toledo: Commissioner Plummer, if I may...
Mayor Suarez: And never exclusively.
Ms. Garcia -Toledo: No, no.
Mayor Suarez: You would never be able to keep out someone that is not part of
the group...
Ms. Garcia -Toledo: Let me say something that...
Mayor Suarez: ... unless you rent it for a period of time, which is about the
only...
Ms. Garcia -Toledo: No. It can be interpreted as the home team playing
softball there on Sundays, where the public has easy access to all the
facilities.
273 July 8, 1993
Commissioner Plummer: What's that? Yeah, I see that.
Ms. Garcia -Toledo: The only thing we are going to be doing is playing
softball there. We would enjoy and love to have the public there watch us
make fools out of ourselves. So it really doesn't matter to us.
Vice Mayor De Yurre: No, we - it happens to us twice a month.
Mayor Suarez: We don't enjoy having the public watch us make fools of
ourselves here, but we can't help it because it's ...
Commissioner Plummer: Mr. Mayor, there's another provision I think that has
to be...
Vice Mayor De Yurre: Well, J.L., do we have plans of what you're proposing?
Mr. Borrego: Not yet.
Ms. Garcia -Toledo: Carlos?
Mr. Borrego: Not yet.
Vice Mayor De Yurre: OK. Because before we approve anything, we'd like to
see it.
Commissioner Plummer: Do you have the $60,0007
Mr. Borrego: What we are seeking right now is your approval so we can
negotiate with Parks and Recreation Department.
Commissioner Plummer: Well, I would very definitely send you to the Parks
Department to negotiate, OK? And that you have no exclusive right to the park
until such time as you have the money in the bank, the $60,000; you have a set
of plans that we can approve; and then we can go forward and negotiate a
contract out.
Mayor Suarez: OK.
Commissioner Plummer: I don't see anything wrong with that. I'll move it if
you want it.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
274 July 8, 1993
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-451
A MOTION REFERRING TO THE CITY MANAGER REQUEST MADE BY
EL YAYABO SOFTBALL CLUB, INC. TO BE ALLOWED TO SPEND
BETWEEN $60,000 - $70,000 IN IMPROVEMENTS TO THE
ROBERT KING HIGH PARK; FURTHER STIPULATING AS FOLLOWS:
(a) $60,000 SHOULD BE DEPOSITED IN A LOCAL BANK,
SPECIFICALLY EARMARKED FOR SAID PROJECT, PRIOR TO
START OF NEGOTIATIONS WITH THE CITY MANAGER; (b) A
COMPLETE SET OF PLANS MUST BE SUBMITTED TO THE
ADMINISTRATION FOR ITS REVIEW AND APPROVAL; AND (c)
THE MANAGER SHALL THEN NEGOTIATE WITH THE CLUB TERMS
OF A CONTRACT FOR IMPLEMENTATION OF SAID IMPROVEMENTS;
FURTHER STIPULATING SAID CLUB WOULD NOT ATTAIN ANY
EXCLUSIVE RIGHTS FOR USE OF THE PARK EXCEPT AS
SPECIFICALLY NEGOTIATED IN SAID CONTRACT.
Upon being seconded by Commissioner Alonso, 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Very good. Thank you.
Ms. Garcia -Toledo: Thank you very much.
Vice Mayor De Yurre: Mr. Mayor, I...
Mayor Suarez: Don't show her a picture of the river so that she'll continue
to think that it's as big as the...
Commissioner Alonso: She'll keep the idea that it's so big.
Vice Mayor De Yurre: Is this like Washington crossing the Potomac?
Mayor Suarez: Yayabo.
275 July 8, 1993
65. PERSONAL APPEARANCE BY MR. WILLIAM GARCIA (FROM CORREA & GUARCH, P.A.)
TO DISCUSS ALLEGATIONS CONCERNING A WALL ON PROPERTY AT 4104 VENTURA
AVENUE -- REFER TO ADMINISTRATION AND CITY ATTORNEY TO IDENTIFY BEST
MECHANISM TO DEAL WITH THIS ISSUE AND COME BACK WITH RECOMMENDATION.
Mayor Suarez: Yes, Mr. Vice Mayor.
Vice Mayor De Yurre: Yes. Item 52, the gentleman is here. If we could just
go back a step and pick up that one.
Mayor Suarez: OK. Item 52.
Commissioner Alonso: What is the box for?
Commissioner Plummer: It's probably T-shirts.
Commissioner Alonso: Oh.
Commissioner Plummer: Ha-ha.
Commissioner Plummer: Probably.
Commissioner Alonso: That's what it is.
Mayor Suarez: Item 52.
Mr. William Garcia: Good evening, Commissioners. My name is William Garcia.
I represent the owners of the property at 4104 Ventura in the Grove, and the
reason we've requested an audience is a problem we've been having with the
City. My clients purchased this property about a year and a half ago, and
when they purchased the property, the property, as you can see on the maps
that are being passed around, had a wall, a CBS (Concrete Block Structure)
block wall, as well as a coral rock wall existing in what has now been
described as a dedicated right-of-way of the City. After the hurricane, they
requested a permit to fix part of the wall, which had been damaged, and the
permit was declined. Since that time, they have been fined by the City for
having this wall in the dedicated right-of-way. I have had several
conversations with Mr. Lee from the City with regard to this wall, and what we
requested is an abeyance of the City's request to knock down this wall. These
walls and coral rock walls are part of the charm of the Grove, and quite
frankly, whenever you drive through the Grove, you can see, I would say, more
than half the homes have walls which are in dedicated rights -of -way. What
we've asked of the City is that we be granted a permit to fix the wall, but at
the same time, enter into an agreement with the City whereby if the City was
ever going to use that right-of-way, that we'd be obligated to knock the wall
down - whatever structure was in the right-of-way - at our own expense, and
make it free for the City to do whatever it chooses to do.
Mayor Suarez: That's pretty similar to what I know I had to sign when I
wanted to complete the wall around my house, I guess, beyond whatever the
276 July 8, 1993
prescribed radius is that you need to have at the corner. I remember signing
a covenant to that effect and it cost me $100. They didn't even give me a
chance to draft it myself.
Commissioner Plummer: You know, I think it's a good and fair idea. I only
have one question to the Administration. What do you say to somebody who
tomorrow wants to take out a permit to put a wall in the right-of-way that
isn't there today?
Mr. Wally Lee (Assistant City Manager): Commissioner, the way...
Commissioner Plummer: How do you deny them?
Mr. Lee: Commissioner, the way - in this particular case, the way the
ordinance reads right now, it's an illegal encroachment, and that wall has to
come down. What I am suggesting to you all, if we could be able to get with
the Law Department, see if we can come up with something that, you know, will
be a little fairer, if that's the proper word to use. Because as of right
now, that's an illegal fence...
Mayor Suarez: OK. We're not ready to give it legal form today, I gather.
Mr. Lee: Yes, sir.
Mayor Suarez: And we also don't have any objection except what Commissioner
Plummer is concerned about - we logically are - which is that other people
don't think that somehow, that means they can come here and ask for us to
allow walls to be placed in the public right-of-way.
Mr. Lee: Mr. Mayor, since this is only one of many cases since the
hurricane...
Mayor Suarez: So whatever we ought to put in there to clarify to the world
that this is an extraordinary situation, because that wall has been there and
it's sort of part of the landscape almost is the idea, right?
Mr. Garcia: If I may, one of the things that we had discussed is that the
only reason that this came before the City found out that there was an
encroachment of the wall is because my clients had gone to get a permit to
repair the wall. And one of the things that we had discussed is maybe making
some type of exception with regard to any structure of that type that was
there prior to the hurricane.
Mayor Suarez: Right. I think one way to do 1t is to have the resolution read
that this is almost part of the landscape, and that's...
Commissioner Plummer: Mr. Mayor, there's another...
A. Quinn Jones, III (City Attorney): Well, Mr. Mayor...
Commissioner Alonso: He said something very interesting...
Commissioner Plummer: There's others. There's others already.
277 July 8, 1993
lmt1�
Commissioner Alonso: They say it's historic.
Commissioner Plummer: Jack Rice is...
Mayor Suarez: Right. And historic and everything else.
Commissioner Alonso: And if it is...
Mr. Jones: Mr. Mayor.
Commissioner Alonso: Then...
Commissioner Plummer: Yeah, but you see, what I'm saying is, there's others.
Jack Rice right now has also called me on one that he's representing, and
there's any number of others that are existing there because of the damage
done by the hurricane.
Commissioner Alonso: Same situation?
Commissioner Plummer: Yes, exactly.
Mayor Suarez: Well, if we need to do it, that has - in a way, that has
application to four or five cases...
Commissioner Alonso: Then we have a problem.
Commissioner Plummer: That's what I said.
Mayor Suarez: ... that's fine. But...
Mr. Jones: Well, I think you're going to have more than that. You should
just be...
Mayor Suarez: Six, seven, eight?
Mr. Jones: Well, from my understanding, there's probably going to be a whole
host that are...
Mayor Suarez: More?
Mr. Jones: ... a host of properties in the same situation. But you should be
aware that whatever you do is going to necessitate a Code amendment, because
what it would also involve is you undedicating that right-of-way and amending,
because the Code is...
Mayor Suarez: Can we then ask Planning and you to study, and Public Works,
and come back with the least encompassing ordinance?
Mr. Jones: Yeah. We can look at it and see what's the best mechanism to deal
with it, but I can tell you right now, the way that your Code, the City Code
reads, it wouldn't be allowed under any circumstances.
Mayor Suarez: Right. We'd have to have a new ordinance.
278 July 8, 1993
1
Commissioner Plummer: Right. But, you know...
Mayor Suarez: But we don't want it to somehow be used as a basis by anyone,
either in court proceedings or up here with us, to say that they now want to
build whole new walls all over the place, please.
Mr. Jones: And that's what you're going to get if you're not careful.
Commissioner Plummer: Yeah. And what about a bond to make sure that the day
comes, that the money will be there to tear the wall down.
Mayor Suarez: Maybe a not so small - I was going to say a small bond. I know
Commissioner Plummer is going to want to make it not so small, but...
Commissioner Plummer: I'm going to make it whatever it is that the cost
factors would be. My concern is like a person in Coral Gables, a woman who
went broke and had no money, you know.
Mayor Suarez: It's just that a bond can be quite expensive for people. All
right. I think the idea of a bond is a good one, though, some kind of a
guarantee that we can demolish it at the appropriate time.
Mr. Garcia: I have seen in other situations, in the Grove, in particular,
where individuals had a covenant with the City where they placed, in one
particular case, a wrought iron fence in the City right-of-way, and in that
particular case, the only reason I found out about it is when the City
provided notice for the person to take it down, they refused to do it. And
what the City did was come in, knock it down, and they placed a lien on the
property.
Mayor Suarez: Yeah. We've placed a lot of liens on a lot of properties...
Commissioner Plummer: Yeah. They don't...
Mayor Suarez: ... but haven't always collected them.
Commissioner Plummer: There's only one problem. Code Enforcement, right now,
we have $60,000,000 in liens. We have no enforcement, but we got $60,000,000
in liens.
Commissioner Alonso: Fifty million...
Commissioner Plummer: Sixty.
Commissioner Alonso: Now it's 60.
Mayor Suarez: If you keep increasing that figure, pretty soon, it's going to
be more than the entire valuation of properties in the City. I don't know
where he gets the figures, but I...
Commissioner Plummer: No, that's their figure. Am I right?
Mr. Sergio Rodriguez (Assistant City Manager: More or less.
279 July 8, 1993
Commissioner Alonso: It that off 10,000,000?
Commissioner Plummer: Sixty million in liens. They robbed the last national
bank of Israel. They got 5,000,000 in pledges.
Commissioner Alonso: Ten million.
Mayor Suarez: Our prescribed lien assessments are very high, they're $250 a
day. So sometimes, they do build up. They're an enforcement mechanism. The
Commissioner would like them to be a money making mechanism, but...
Commissioner Plummer: They're a joke.
Mr. Garcia: I mean, we...
Mayor Suarez: ... and instead, calls them a joke all the time, which doesn't
help our enforcement efforts. Yes.
Mr. Garcia: My clients are fully aware of the fact that they know that at one
time or another, they're going to have to take that down, because we've
explained clearly where the wall is. As we can see from the maps, their wall
Is very extensive, and it, you know, protrudes into the right-of-way. I mean,
the section of wall that they're requiring the permit for to replace is
literally a five-foot section. It was nothing compared to the entire
structure that they have. So it's a substantial property. They're willing to
take it down if they have to, but at the time being, they're saying, well,
unless the City really wants to utilize this space, you might as well...
Commissioner Plummer: Oh, I'm telling you, they're going to be wanting to use
it for setback requirements...
Mr. Garcia: ... well, it is part of the Gables - the Grove charm.
Mayor Suarez: This is a very flexible City. It's probably the only
Commission in the United States that you could come and make this kind of a
presentation to, and that would taken action..,
Mr. Garcia: And we appreciate it.
Commissioner Plummer: ... configurations. But let me put that into you.
(INAUDIBLE COMMENT)
Commissioner Plummer: No, that you do it. See, I'm the bad guy.
Mayor Suarez: ... and not sort of send you to staff and in this particular
case, we will send you to staff, and in this particular case send a...
Commissioner Plummer: Well, Mr. Mayor, I sure hope when the City Attorney
comes back that it's very clear in there that this in no way ever can be used
for setback provisions...
Mayor Suarez: Right.
280 July 8, 1993
Commissioner Plummer: or floor area ratio provisions or any density
provisions; that this is a scenario that says that it's illegal, at best;
we're only tolerating it until.
Mr. Jones: The other thing that I have to mention to you too is because our
ordinance tracks the South Florida Building Code, and we looked at this
preliminarily, and you may need an amendment to the South Florida Building
Code, which this Commission can't give you relief for. So even if we amend
our ordinance, you still - there still would necessitate some action on the
South Florida Building Code, Metro.
Mayor Suarez: Work with our City Attorney, because I have a feeling that the
Code might be sufficiently flexible, if our ordinance has a provision that
allows certain things. It can't be that inflexible. I mean, I know that we
adopted it, and we adopted in toto or not at all, right? Is that the problem?
Commissioner Plummer: Since Code Enforcement has no clout, just go ahead and
violate it. It's cheaper.
Mayor Suarez: Don't listen to the Commissioner.
Mr. Garcia: We don't want to do that. We don't want to do that. We want to
comply.
Mayor Suarez: All right. We're going to try to work with you and - do we
need a motion on this?
Commissioner Plummer: No. Just send it to the Administration and the Law
Department.
Mayor Suarez: All right.
Commissioner Plummer: That's all. We - they got nothing to do.
Mayor Suarez: OK, counselor. Hopefully, this will not open a can of worms
and you don't look like you...
Mr. Garcia: I hope not.
Mayor Suarez: ... want to open a can of worms.
Mr. Garcia: No, we do not.
Commissioner Plummer: Well, Mr. Mayor, in all fairness, now, and even my
jokes about Code Enforcement, I would hope, Mr. City Attorney, since this
matter is pending before this Commission that the fines would stop until such
time. Hello?
Mr. Jones: Yes.
Commissioner Plummer: That the fines by Code Enforcement would stop until
this matter is resolved by the City Commission.
Mayor Suarez: OK.
281 July 8, 1993
Mr. Jones: Yeah, the Board has the authority with respect to estopping the
fine.
Commissioner Plummer: Then you need to remind the Board we have the authority
to replace them. No, I mean, you can't - in all fairness, you can't...
Mr. Garcia: Exactly.
Commissioner Plummer: ... continue to fine this man when he's before us
awaiting a decision of this Commission, in all fairness. I mean, it would be
$70,000,000 in liens.
Mr. Garcia: Thank you Commissioners. We appreciate it.
Mayor Suarez: Very good, counselor. Good to have you.
66. DIRECT ADMINISTRATION TO CONDUCT A STUDY OF ZONING CLASSIFICATIONS OF
GENERAL AREA SURROUNDING INTERSECTION OF CORAL WAY AND S.W. 27 AVENUE TO
EXPLORE MOST SUITABLE ZONING CLASSIFICATION FOR THE AREA.
Mayor Suarez: Item 57, Silver Bluffs.
Mr. Sam Poole: Mr. Mayor and members of the Commission, my name is Sam Poole.
I'm an attorney with the law firm of Holland and Knight, with offices at 701
BrickelI.
Commissioner Plummer: Are you here for a fee, sir?
Mr. Poole: Absolutely not.
Commissioner Plummer: You are not?
Mr. Poole: That's correct.
Commissioner Plummer: OK.
Mr. Poole: I'm here for a number of reasons, personal as well as friendship
issues. I know many of the people that live in this neighborhood, and I'm
also very concerned about what is happening to Miami, and it's something that
this particular circumstance represents. I want to make it very clear from
the outset that the residents of this neighborhood are not asking that this
property remain undeveloped. In fact, they would prefer that it be developed.
What they are asking for is the recognition of the impact the development of
this particular site is going to have on their neighborhood. Mr. Fraga has
worked with...
Commissioner Plummer: Excuse me. Mr. Poole, we don't have the particular
site.
282 July 8,'1993
1
Mr. Poole: I'm sorry. It's the Saunders, the old Saunders site on Coral Way
and 27th Avenue.
Commissioner Plummer: On the south side of the street.
Mr. Poole: On the south side.
Commissioner Plummer: Thank you.
Mr. Poole: The site runs from Coral Way down to 22nd Terrace.
Commissioner Plummer: I'm familiar with it. I just didn't know where the
site was.
Mr. Poole: OK. Al right. I apologize. The situation that the neighbors
face is the - really is the identical situation that you considered at the
Varadero site just further down Coral Way, where the applicant wanted to
bulldoze the houses and expand the parking onto the street on the north side
of the site. The fundamental principle at issue, the urban design principle
at issue 1s that people identify with what's outside their front door. If you
look outside your front door and you see houses, you live in a residential
neighborhood. If you look outside your front door and you see stores or a
parking lot, then you live in a commercial neighborhood. If you look
throughout Miami, what you will see is that the use transitions occur at the
rear property line. On Miami Avenue, you have a very beautiful single-family
neighborhood. On Brickell across the rear property line, you'll find very
intense apartment development. On - at this particular site on Coral Way, in
fact, if you look between 25th and 24th, you will see the normal land use
pattern that has developed in this urban neighborhood, where you have a
commercial use that faces Coral Way, and then an alley, and then single-family
residences across that alley facing single-family residences, and then the
rest of the Silver Bluff neighborhood. That land use pattern is critical to
retaining value and the stability of the neighborhoods that this particular
neighborhood represents. All along Coral Way, that pattern that was
established when Miami was established remains, with some exceptions. And
where it remains, where you've maintained that integrity of the transition at
the rear lot line, you will find a secure value in those homes to the rear.
The basic issue is building urban places, places that have identity and
distinction, and the places...
Mayor Suarez: What kind of specific things would you and Josefina, and
Arsenio, and the rest of this gang ultimately want us to implement, if you
have an idea already?
Mr. Poole: Well, what this group has asked you to do today...
Mayor Suarez: I mean, I now we're supposed to refer to planning, and to a
study and all of that, but I mean, what are we getting at here?
Mr. Poole: What we would like to do is initiate the study to take the zoning
back to putting residential on Southwest 22nd Terrace, facing residential, to
prevent the erosion of the neighborhood that has already occurred. If you
look at the houses that now face that pit, they have deteriorated since the
Saunders was torn down and the other residences were torn down. I would think
that's almost like...
283 July 8, 1993
Commissioner Alonso: Actually...
Mayor Suarez: ... so easy to...
Commissioner Alonso: ... downgrading the zoning of this particular site?
Mr. Poole: What the request would be is to take the zoning back to a
designation that would put residential on the south side of this property...
Commissioner Plummer: Was it ever?
Mr. Poole: ... facing the residential on 22nd Terrace.
Commissioner Plummer: Was it ever?
Commissioner Alonso: Let me see. I'm a little bit confused, because I
recall - Sergio, you correct me if I am wrong.
Commissioner Plummer: No, no, no. Was there ever residential on the back
side? I don't recall.
Commissioner Alonso: When we went through the specific area, I thought that
we had in place guaranteed that that area at the back of Coral Way...
Mayor Suarez: The one -foot buffers and all of that?
Commissioner Alonso: ... was not going to affect the neighborhood. Did we
really take the steps to protect the neighbors, or we didn't?
Commissioner Plummer: Traffic, floating bays.
Mr. Sergio Rodriguez (Assistant City Manager): What - yeah. What happened in
this particular project site is that the City Commission rezoned the property,
the whole block, into commercial, and that's what they are referring to. It's
not...
Commissioner Plummer: Whoa, whoa, wait, wait. Sergio, not the whole block,
because a great deal of the block was already, or some of the block.
Mr. Rodriguez: That's what I'm saying. The rest of the block...
Commissioner Plummer: Obviously, Saunders was commercial, OK? The stuff on
the...
Mr. Rodriguez: Right. The rest of the block. What I'm saying, it was
before...
Commissioner Plummer: Well, no, whoa, whoa now. Whoa. You're a short -timer
in this town. Let a long -timer tell you about it. You still have commercial
on Coral Way.
Mr. Rodriguez: Right.
284 July 8, 1993
Commissioner Alonso: Yes.
Commissioner Plummer: All the way down to the bar on 27th Avenue. So don't
tell me the rest of the block was residential, because there was commercial
there.
Mr. Rodriguez: What I mean was the - that the whole block was made into
commercial zoning, as compared to just rezoning the whole block to commercial.
Commissioner Plummer: That, I'll agree with.
Mr. Rodriguez: And because of that, the decision was made about six years
ago, seven years ago..,
Commissioner Plummer: That is correct.
Mr. Rodriguez: At that point, there had been different times in which there
have been different developers trying to do something with that property, and
not being successful.
Commissioner Plummer: Well, there's another major factor.
Commissioner Alonso: So actually, our actions did not affect this site...
Mr. Rodriguez: No, it was already decided.
Commissioner Alonso: ... because it was already rezoned to have commercial
all around, and that's why they are referring to this specific site.
Mr. Rodriguez: Right.
Commissioner Alonso: OK.
Commissioner Plummer: Well, there was another - just for - I think you were
here. There was another major factor in this, and that was, as I recall, that
we closed some...
Commissioner Alonso: Streets.
Commissioner Plummer: ... either dedicated alleys or dedicated streets...
Mr. Rodriguez: Mm-hmm.
Commissioner Plummer: ... inside of there, in return for a compromise of some
other activity that went on on that parcel. I don't remember exactly. I
remember there were meetings, extensive meetings with the neighbors on that
south side in the area of one-way streets, and the concern they had over
there. There was a lot of concerns. The thing I don't recall...
Commissioner Alonso: That was the Winn -Dixie, right?
Commissioner Plummer: .. and I stand corrected if I'm wrong.
Commissioner Alonso: Winn -Dixie, yes.
285 July 8, 1993
Commissioner Plummer:
residential.
I don't ever remember that that back side was
Mr. Rodriguez: It was residential before.
Commissioner Plummer: It was residential?
Commissioner Alonso: It was.
Mr. Rodriguez: Yes.
Commissioner Plummer: Zoned? It was...
Mr. Rodriguez: It was residentially zoned, yeah.
Commissioner Plummer: It was zoned - but it was never residential?
Mr. Rodriguez: It was residential.
Commissioner Plummer: There were houses there?
Mr. Rodriguez: Yeah.
Commissioner Alonso: Five, they say.
Mr. Rodriguez: There were houses, yeah.
Commissioner Plummer: Damn, I don't remember houses there.
Unidentified Speaker: Right there. See the picture.
Commissioner Alonso: Five houses.
Mayor Suarez: Why is noted...
Commissioner Plummer: Ah, OK, that was - yeah. On that corner down there.
Mayor Suarez: ... counsel over here looking like a million bucks and pointing
things on a board? Is he not in agreement with all of - the thrust of what
you're suggesting to us?
Ms. Josefina Sanchez-Pando: He was just helping, showing J.L. where the
houses were.
Commissioner Plummer: Yeah, they were down at the other corner.
Ms. Sanchez-Pando: Right, correct.
Mayor Suarez: Let the record reflect that Josefina Sanchez -Panda spoke out of
turn, but said mostly useful things in this case.
Commissioner Plummer: Yeah. Because as I remember - there's no 26th Avenue,
right? There's no 26th Avenue.
286 July 8, 1993
Ms. Sanchez-Pando: No, no 26th.
Commissioner Plummer: Is it 20 - it goes from 25 to 27.
Commissioner Alonso: Yes.
Mayor Suarez: What is your position on what you believe to be the thrust of
where all of this is going, which is just a study at this point, but...
Mr. Al Cardenas: Thank you, Mr. Mayor and members of the Commission. We have
a pending application...
Mayor Suarez: Would you put your name in the record, Al, please.
Mr. Cardenas: Thank you. My name is Al Cardenas, with offices at 201 South
Biscayne Boulevard, Miami, Florida, and I represent the owner of that whole
block, City block, and - from 25th to 27th, from Coral Way to Southwest 22nd
Terrace. We have a scheduled hearing before this Commission coming up in two
weeks, a zoning hearing. At that time, you will entertain to determine
whether you want to approve certain modifications to a covenant running with
the land. That would permit us to construct a commercial project, which is
considerably down -sized from what the covenant permits, site plan of which
there is some - and degrees of modifications are in front of you there, in
front of Counselor Poole. We have been meeting with neighbors a number of
times, and we'll meet with them a lot more between now and then. And I
believe we have come much closer now than we were when we originally filed the
application, in the kind of project that would be compatible with the
realistic needs of the developer, as well as the neighbors' very justifiable
concerns. My request to you is that you permit us to present to you the whole
story as to what we intend to do there, continue to let us work between now
and then with the neighbors, and see if you like what we have to present to
you. Because in essence, if you ask to undertake the study this evening, you
are, in essence, really railroading the application that we have before you in
two weeks, and I don't think that is fair to the applicant, or fair to you, or
to the neighbors, because...
Commissioner Plummer: Have you discussed it with Mr. Poole?
Mr. Cardenas: We have discussed it with all of them a number of times, the
project itself. They have told us that they intended to come today, and, you
know, I respect their wishes. But obviously, you know, what we would prefer
you to do is to, you know - I guess this is a personal appearance, I'm not too
sure a deferral would be appropriate - but wait to entertain everything at the
time that you hear the application on zoning day. Let's see what we have in
mind, see how close we and the neighbors have come to an agreement, and
hopefully, the issue of undertaking a study will be moot, because there will
be a project built that will be satisfactory to the neighbors, as well as to
us. If you, ahead of the application...
Commissioner Plummer: More so than that, if it's turned down, we don't have
to hear it.
287 July 8, 1993
Mr. Cardenas: ... vote to undertake a study tonight, you're, in essence, you
know, making a preliminary determination that is going to prejudge what we
have before you in two weeks.
Mayor Suarez: Why is that? I don't understand. Why can't - why isn't it the
other way around, that if we anticipate certain objections from the neighbors
to whatever it is you are going to present to us in two weeks, that we begin
to do a study and have some - at least some initial feedback 1n the next
couple of weeks that would enlighten us as to the decision that we're expected
to make?
Mr. Cardenas: Well, I will tell you two things from our perspective, which I
want to place on the record. Number one, this property, unlike many other
properties which 1963 have been rezoned to permit a commercial use, or an
ancillary use to a commercial use, has been - has been used as commercial.
What the neighbors are asking you to do through counselor Poole, is to
undertake a study of this whole block. You will see that as early as January
1963, and perhaps earlier, of course, the Saunders store really went to 22nd
Terrace with the parking facilities and so forth, and even had ingress and
egress from 22nd Terrace, and this was really the predecessor of many uses
which this City Commission during the last 30 years have approved. Radio
Mambi, WQBA building. I mean, I've personally been before you on at least
eight applications, favorable applications that have received your approval to
do what you felt was the right thing to do on those applications. In my
opinion, if you entertain a study that would in essence roll back the zoning,
you would be creating - you would be endorsing a reverse spot zoning
situation. Now, this Commission remembers very clearly, when you wanted to
please the request of the neighbors, when you had that Woodlawn Cemetery case
a couple of years ago, the neighbors said, well, we don't want that extension
of the commercial usage, and you thought the neighbors made a good point, and
you sided with the neighbors. And I think that the Woodlawn Cemetery folks
made a good point in telling you, well, you can't do that. You've been
providing others with an equal opportunity of commercial use on Southwest 8th
Street in those areas, and if you don't let us do that, you're not treating us
equal to them.
Mayor Suarez: But surely by coming here...
Mr. Cardenas: The case went to the Third District and is now good case law,
as you know.
Mayor Suarez: I gather that we lost in the Third District Court of Appeals.
Mr. Cardenas: Right.
Mayor Suarez: But you're not proposing that by having this argument today
that we can't even begin to study this? I mean, that - I gather what's
happening 1s both sides want to get sort of a bite at the apple, and then
another bite in a couple of weeks, and I understand that, you know. Mr.
Poole, and Mr. Milian and learned consultants figured that it's a good idea to
begin getting us ready for what's going to happen in two weeks, and you
correspondingly believe the same thing.
Commissioner Plummer: It's not here in two weeks.
288 July 8, 1993
Mayor Suarez: But I don't see what...
Commissioner Plummer: The Zoning Board in two weeks...
Mayor Suarez: ... starting a study, per se, does to you in any way that...
Mr. Cardenas: Because, Mayor, any decision that you make that...
Mayor Suarez: Even just starting a study? Even just saying that we want to
study the possibility of the trends in the area, what kinds of things ought to
be done, even that already is prejudicing your client?
Mr. Cardenas: Weil, if it's a generic study, not site -inclusive, then
obviously, we wouldn't have any argument. But what Mr. Poole has proposed to
you is to undertake a study which is site -specific. And if you undertake a
study which is site -specific, the objective of which is to roll back the
zoning, I think that you ought to visit that with the City Attorney and ask
him in two weeks to tell you whether you even have a legal right to do that.
Mr. Rodriguez: Mr. Mayor, Mr. Mayor...
Mayor Suarez: Well, I'll tell you one thing, we've ended up having a zoning
hearing today, without a zoning hearing, and...
Mr. Rodriguez: Yeah.
Mayor Suarez: ... that already creates problems with our various statutes
that talk about ordinances, and talk about people being sworn in and all that.
Mr. Rodriguez: May I clarify something for the record?
Mayor Suarez: And notice to the neighborhood.
Mr. Rodriguez: That I think it is important. Mr. Cardenas has been
mentioning in several occasions that you have an application before you next
week. In reality, you're going to have - you don't have a zoning case before
you, typical zoning case that has been going through the process. The
decision had been made before. What you will have before you two weeks from
now is a review of the covenant, an amendment to the covenant that was
previously approved, which is a different situation than what he's mentioning.
Commissioner Alonso: To do what?
Mr. Rodriguez: They would like to amend the covenant to eliminate certain
conditions and requirements which are there now. So they presently have the
zoning. The zoning is conditioned or there are certain limitations on that
zoning in the covenant, and Mr. Cardenas' clients want to amend that covenant.
But I don't want you to think by the words that he's presenting - which might
be clear to follow that train of thought - that you have a new application in
front of you that has been going recently...
Mayor Suarez: Yeah. As learned counsel reminds us, it's not a good idea to
get into that. But your opinion is correct, is it not, Mr. City Attorney, or
289 July 8, 1993
do you want to let Mr. Maxwell - either way - that we're OK if we decide to
do - simply instruct our staff to begin a study of the area in general,
looking to make recommendations to maintain the stability of the neighborhood,
et cetera? I mean, I don't think that can prejudice...
Mr. Cardenas: Yeah. As long as it is not site -specific, we don't have any
objections. But if you undertake a study...
Mayor Suarez: Well, we have to define an area.
Mr. Joel Maxwell (Assistant City Attorney): Never got a question. They didnt
ask me a question.
Mayor Suarez: I mean, I don't know that...
Commissioner Alonso: But it definitely will be for a specific area.
Commissioner Plummer: So do all four corners.
Mr. Cardenas: Well, if the area is between - is this City block...
Mr. Joel Maxwell: Mr. Mayor, I would see no problem, even if it was site -
specific. But all you're doing now is looking into what - looking into
whether or not the property should be redesignated, rezoned, or whatever
actions be necessary. You aren't taking any action on it today. You simply
are directing staff or directing - you would be directing the City Manager to
have staff look into or initiate a study as to whether or not the property
should undergo the rezoning process. That's all you would do at this time.
Mr. Cardenas: Well, let - right. Let me tell you what our concern is, if I
may. Our concern is that we're going to be here in a week or two before you,
and we're going to present to you a project. We're going to present to you
renderings. We will have had many more meetings with the neighbors, and I
don't want to be...
Mr. Maxwell: Mr. Mayor, again, I would suggest - I'm sorry, Mr. Cardenas, but
I would advise the client not to discuss that.
Mayor Suarez: Yeah. My concern is we're going to have to hear that in two
weeks anyhow, Al, and I don't see what - how it prejudices you...
Mr. Cardenas: Because you're not going to...
Mayor Suarez: ... and we're being advised from the City Attorney to go ahead
and do a study, if we want.
Mr. Cardenas: Because I will tell you what the counselor's argument will be
in two weeks. We will be here in two weeks...
Mr. Maxwell: Mr. Mayor, again, not - in two weeks, you will have an
opportunity to present your zoning case.
Mr. Cardenas: Joe, but that's not what I'm trying to say.
290 July 8, 1993
Mr. Maxwell: But to present it to the Commission right now, without any
notice or anything else, prejudices the City, and I would advise the
Commission that they should not address that issue at all.
Mr. Cardenas: Right. But what I'm trying to...
Commissioner Dawkins: Thank you. I'd like to ask one question. I'm going to
follow the City Attorney's advice, but I'd like to have one thing cleared for
me. Mr. Rodriguez, you said this is not a zoning issue that's being brought
back to us. It is a request to alter the convenants that were given in order
to get the zoning that they have; is that a correct statement?
Mr. Rodriguez: It's close. They already have the zoning.
Commissioner Dawkins: Right.
Mr. Rodriguez: And they want - and they have a covenant that goes with the
zoning, and they want to amend that covenant.
Commissioner Dawkins: But they got that covenant because they made certain
promises and conditions to these homeowners.
Mr. Rodriguez: Right, yes, sir.
Commissioner Plummer: No. They got that zoning.
Mr. Rodriguez: Yes, sir. When they got the zoning, several years ago.
Commissioner Dawkins: OK. And now they want to come before us...
Commissioner Alonso: To change it.
Mr. Rodriguez: To amend the conversant.
Commissioner Dawkins: To amend the - no, no, eliminate it. See, I don't know
what you all are talking about "amend." Eliminate.
Mr. Rodriguez: No, it's amend.
Mr. Cardenas: No, no, not eliminate.
Commissioner Dawkins: OK.
Mr. Cardenas: As a matter of fact, we want to down -size considerably the
project that you already approved, in scale, and size, and scope. You approve
a 300,000 square foot office tower, and what we have in mind is something
which is less than one third the intensity of development.
Mr. Maxwell: Mr. Mayor, please.
Mr. Cardenas: But basically...
Mr. Maxwell: Mr. Cardenas, please.
291 July 8, 1993
S' 1
Commissioner Dawkins: Mr. Mayor, I think you need to rule him out of order,
because our Attorney continues to tell us that he's violating...
Mayor Suarez: I have a feeling we're going to hear all of this in two weeks,
Al, so that...
Commissioner Dawkins: Al...
Mr. Cardenas: I know, but, Mayor, there 1s only one point which I needed to
make as an attorney, and it's important.
Commissioner Dawkins: No, no, you can't make a point, though when our
Attorney tells us that you're wrong.
Mayor Suarez: Al, I am being asked to rule you out of order, and to say that
the Attorney thinks that you are out of order, and we are out of interest.
Ms. Sanchez-Pando.: Ayee! So...
Mayor Suarez: That applies to you, too. I don't think anything prevents us
now, from what you're telling us, to - from initiating a study, site -specific,
or site -generic, or however you want to call it, and if that's what the
neighbors want, we should be undergoing those kinds of studies all the time.
It is...
Commissioner Alonso: And then we will make a decision, whatever way.
(APPLAUSE)
Mayor Suarez: I don't blame you for being here. I don't blame you for making
as much of the argument as you have already, and I certainly don't blame you
for wanting to add to what's already been stated. But, really, the study is
warranted any time a neighborhood wants its neighborhood to be...
Commissioner Plummer: I think if they wait till when the issue comes before
us, and then we initiate the study...
Mayor Suarez: ... you know, to go through a planning study, that makes sense.
And I don't think this Commission has any problem with that.
Commissioner Alonso: We always allow this.
Mayor Suarez: So there's nothing you can add, as articulate as I know you
plan to be.
Ms. Sanchez-Pando: Am I not going to be able to say one word, at least?
Mayor Suarez: You've said eight so far, I think.
Commissioner Plummer: Josefina, never in your life have you said one word.
Ms. Sanchez-Pando: Well, can I say a couple?
Commissioner Plummer: Even a nasty word in Spanish, you can't say one word.
292 July 8, 1993
Mr. Sanchez-Pando: That's right. And I won't...
Commissioner Plummer: But a half word, you can.
Mr. Sanchez-Pando: But I won't ask you.
Mayor Suarez: Yeah. It's not helpful, it's not helpful.
Mr. Sanchez-Pando: I won't ask you for a couple.
Mayor Suarez: He's signalling us to tell you as much as we'd like to hear
from you for the next five hours, it's not a good idea legally. If you would
just let us initiate the study. It's not helpful to the zoning matter, OK?
Commissioner Alonso: So we instruct the Administration to do the study.
Mayor Suarez: OK. I'll entertain a motion to instruct the Administration to
do a study of the area in question as requested by noted counselor.
Commissioner Alonso: And then we will make the decision, whatever one.
Mayor Suarez: Right. And then we'll go from there.
Mr. Sanchez-Pando: May I please introduce the neighbors who live across from
the parcel?
Mayor Suarez: Well...
Mr. Sanchez-Pando: Please, people, stand up. Thank you.
Mayor Suarez: I think you...
(INAUDIBLE COMMENT)
Mayor Suarez: I think she was going to do it any event, whether I let her or
not, so. All right. Well, good to have you, and we'll get to this, I gather,
and have a big discussion in a couple of weeks. Do we have a motion and a
second, Madam City Clerk?
Vice Mayor De Yurre: There's no motion yet.
Commissioner Plummer: Is he out of order, what he wants to do or not?
Mr. Jones: He's getting into the specifics of the...
Commissioner Plummer: All right. Then he's out of order, then. That's...
Vice Mayor De Yurre: Mr. Mayor, my question is - I haven't said a word in
this matter yet - is, are we sending a message, then, when Mr. Cardenas comes
back with his item in two weeks, are we going to say to him, "Listen, there's
a study going on, so we're going to wait to see"...
Commissioner Alonso: No.
293 July 8, 1993
Vice Mayor De Yurre: ... "the results of the study"?
Commissioner Alonso: No, no.
Commissioner Dawkins: No, we can't do that.
Vice Mayor De Yurre: OK.
Mayor Suarez: That would be contradictory to what we've told him today, so
we...
Vice Mayor De Yurre: OK. So then whatever happens here is not going to
prejudice his position in two weeks?
Commissioner Dawkins: None whatsoever.
Mayor Suarez: Right.
Commissioner Alonso: No.
Vice Mayor De Yurre: So we have nothing - that is not a concern.
Commissioner Plummer: Well, are we sure of that? Because I'm just wondering
if it wouldn't be smart to consider the following. Is to wait for two weeks
when he comes before us, then initiate the study and then, there's - nobody
can have any kind of a kickback or say that we didn't handle things fairly.
And we're going to do the same damn thing. It's just...
Mayor Suarez: Well, we're not going to have any results of any study in the
next two weeks. We're just initiating it, and I don't see what could prevent
us from doing it either way. Either way, I don't...
Commissioner Plummer: Obviously, Mr. Mayor, you're a lawyer...
Mayor Suarez: Folks, two weeks is not going to decide the future of the area,
I guarantee you.
Commissioner Plummer: ... and I'm not. And I don't know whether that would
give their side the case to go to court and say that we did something in
prejudice to their application. You know, that's the only thing I'm concerned
about.
Mayor Suarez: Initiating a study cannot possibly do that. I don't...
Commissioner Plummer: All right, sir. You're, you know, you...
Mayor Suarez: Well, no. I'm ask - I mean, if...
Commissioner Plummer: I mean, I don't see this thing happening overnight.
Mr. Maxwell: The community members that brought it...
294 July 8, 1993
Commissioner Plummer: That's why I said nothing's going to happen for two
weeks. If you wait and initiate the study in two weeks, which I...
Commissioner Dawkins: Mr. City Attorney...
Commissioner Plummer: Let me - excuse me. I'll go on the record right now
that in two weeks, I will vote to initiate the study. Simple amen. Then
there's no kickback.
Commissioner Dawkins: Mr. City Attorney, can you rule J.L. Plummer out of
order so we can get on with this issue? Thank you.
Commissioner Plummer: Would you go to the senior citizens center and...
Mayor Suarez: All right. On the motion before us...
Commissioner Plummer: What is the motion?
Mayor Suarez: The motion is to initiate a study of the area.
Commissioner Alonso: To initiate the study.
Mayor Suarez: Notice it doesn't call for any particular conclusions and...
Commissioner Dawkins: And the study wi11 not prejudice Mr. Al Cardenas in
this case at all; is that right?
Mayor Suarez: We've...
Commissioner Plummer: Is there a time certain on the study? Is there a time
certain on the study? Is it a 60-day study, a 90-day study?
Mayor Suarez: What's a fair period of time?
Commissioner Plummer: Four and a half years? Twenty-two months?
Mr. Rodriguez: We will be able to come before you in the - at the September
meeting.
Mayor Suarez: All right.
Commissioner Plummer: Thank you.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
Mr. Rodriguez: Well, Planning and Zoning.
295 July 8, 1993
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 93-452
A MOTION DIRECTING THE CITY MANAGER TO CONDUCT A
ZONING CLASSIFICATION STUDY FOR THE AREA SURROUNDING
THE INTERSECTION OF CORAL WAY AND S.W. 27TH AVENUE, IN
ORDER TO EXPLORE WHAT WOULD BE THE MOST SUITABLE
ZONING CLASSIFICATION 4OR THAT AREA; FURTHER
INSTRUCTING THE MANAGER TO COME BACK WITH A
RECOMMENDATION BY THE SECOND MEETING IN SEPTEMBER
1993.
Upon being seconded by Commissioner Dawkins, 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Plummer: Now, excuse me. In all fairness, Mr. Cardenas, would
you like to defer your item until the September meeting? I mean, you know,
we're going to be hearing one, and then the other one, and then the other one.
Why don't we hear...
Mr. Cardenas: Not at all. The - my item includes the development of that
whole City block. I believe, frankly, that you're going to be very pleased
with what we're doing, and I think the neighbors wi11, too, by the time we
finish our negotiations with them.
Mayor Suarez: I think that means he doesn't want to defer it.
Commissioner Plummer: From what I'm hearing here, sir, you got a lot of work
to do.
Mayor Suarez: OK.
Mr. Cardenas: Well, you'll be surprised.
Mayor Suarez: All right. Item 59. We can't get to the zoning issues today,
but we're going to start the study, as requested by the neighbors. If you do
request to speak in writing, we need to have the total number of words that
you plan to use, Josefina.
Vice Mayor De Yurre: Mr. Mayor, while we're waiting for the next item, I'd
like to approve the minutes of our last meeting.
296 July 8, 1993
Mayor Suarez: She's asking about notification. Could somebody - Sergio...
Commissioner Dawkins: Second.
Mayor Suarez: ... explain to the young lady there about notification on the
zoning hearings, et cetera, and the study, and whatever else she needs to
know, because we can't stop the proceedings right now. On 59...
Ms. Matty Hirai (City Clerk): Mr. Mayor, this is a motion on the minutes
which we didn't do at the beginning of the meeting, if we may.
Mayor Suarez: Moved and seconded. Any discussion?
Commissioner Plummer: What?
Ms. Hirai: The minutes.
-------------------------------------------------
NOTE FOR THE RECORD: On a motion duly made by Vice Mayor
De Yurre and seconded by Commissioner Dawkins, the minutes
of Commission meeting of May 27, 1993 were unanimously
approved by the Commission.
-------------------------------------------------
67. GRANT REQUEST BY EDGEWATER ECONOMIC DEVELOPMENT CORP. TO DESIGNATE N.E.
2 AVENUE FROM 17 STREET TO 36 STREET AS THE FILM DISTRICT OF MIAMI.
Mayor Suarez: Fifty-nine. Edgewater. Armando, you are getting to be a
fixture here.
Mr. Armando Rodriguez: My name is Armando Rodriguez. I am the president of
the Concerned Citizens of Edgewater, located at 411 Northeast 25th Street.
We're here tonight to ask you for the designation of a film and media art
district in Edgewater neighborhood. The boundaries of the area we are asking
for are on the south, Northeast 17th Street - you have a package about this -
on the west, North Miami Avenue to Northeast 20th Street; then running
northeast along the FEC (Florida East Coast) railroad track to Northeast 36th
Street...
Mayor Suarez: What is the down side, if any, of this designation? I don't
see any, but I mean, is there anyone from staff or anywhere that would say
that this could create a problem for us in any way? I mean, it might spur
development of things having to do with film, which is what we'd like, and it
might not. But I can't imagine that it would have any negative effect.
Mr. Jim Kay: The item on the agenda is for the designation of a street, as I
see it, designating Northeast 2nd Avenue...
Mayor Suarez: Right.
297 July 8, 1993
Mr. Kay: From 17th and 36th Street.
Mayor Suarez: Well, it's a district, but defined by a street.
Mr. Kay: Yeah.
Mayor Suarez: Does that have any negative implications that you can think of,
any down sides, any...
Commissioner Plummer: Yeah, but wait, wait, wait. You're saying about a
certain street, but it says here a district.
Mayor Suarez: Well, it's a street that's going to be called a district. You
know, sometimes that happens, like the red light district and all of that.
Mr. Rodriguez: It's not a red light district, Mr. Mayor.
Mayor Suarez: Sometimes it's not a district, it's just a street.
Mr. Rodriguez: OK.
Mayor Suarez: People from Boston know about the red light district. I
don't...
Mr. Rodriguez: The bill that follow, we have already obtained a Community
Development Block Grant for beautification of the Northeast 2nd Avenue, from
17th to 36th Street. It will become the corridor of the area. That is
probably the misunderstanding here. At present, there is 12,000 square feet
film studio operating at 2100 Northeast 2nd Avenue, previously a car
dealership. Film production filmed at this location, for Italian television,
have spent approximately 10,000,000 in the last two years. So far in 1993,
Dade County issued over 1800 permits for production, with a total budget of
almost...
Commissioner Plummer: Can I stop you for one minute? So I understand, is it
the intent that you want us to rename the street or the district? If so,
there is a process here that we follow, and that process is, we send it to the
Memorial Committee for recommendations back. Now, if there's...
(INAUDIBLE COMMENT)
Commissioner Plummer: The co -designation of a street or district. Now, if
there's something...
Vice Mayor De Yurre: I don't think that's what they're talking about.
Commissioner Alonso: This is different.
Commissioner Plummer: Well, that's what I'm trying - I'm trying to determine
what they're...
Mr. Rodriguez: Mr. Plummer, no, that's not what I'm talking about. I am not
talking - may I?
298 July 8, 1993
Commissioner Dawkins: Well, let me help you understand, J.L., what he's
saying.
Commissioner Alonso: No, this is different. This is not like a street. This
is different.
Commissioner Dawkins: He wants to - he wants to create - we, the City of
Miami is desirous of creating a film district, because we have applied
through - I mean they have - through City of Miami, $600,000 to establish a
film industry incubator. But we need - and so they need to get this done so
that when the money comes forward, it's just a matter of implementing what
they have applied for.
Commissioner Plummer: OK.
Commissioner Dawkins: That's what he's trying to - that's what they want,
J.L.
Commissioner Plummer: So is this - Mr. City Attorney, Is this to be with a
public hearing?
Mr. Rodriguez: No.
A. Quinn Jones, III, Esq. (City Attorney): No, but...
Vice Mayor De Yurre: J.L., this is no different than when Commissioner Alonso
requested...
Commissioner Alonso: I was going to say that.
Vice Mayor De Yurre: ... 8th Street to be designated "Arts, da-da-da."
Commissioner Alonso: And we didn't have a public hearing for that.
Vice Mayor De Yurre: We just voted on it, and that was that.
Commissioner Plummer: But my question is, is it to be a public hearing? If
so...
Mr. Jones: No.
Commissioner Plummer: It's not.
Mr. Jones: Because you're not talking about a particular street. You're just
talking about a particular area being recognized.
Commissioner Plummer: No, he's talking about a district, now.
Mr. Jones: Yeah, I said an area.
Commissioner Plummer: OK.
Mr. Jones: but not necessarily a particular street to be named.
299 July 8, 1993
2
Mr. Rodriguez: Mr. Plummer, we're going to extend an area that already
exists. I mean, may I? May I? If you look at the map, I mean, the area
already go to 17th Street. So we would like to extend it, go to 20th Street.
We would like to extend it to 36th, because the film production, by a matter
of accident, already exists on 21st Street, and if I have a couple of minutes,
I can give you a couple of ideas.
Commissioner Plummer: OK. The only other concern that I have is that part of
this exists presently in the DDA (Downtown Development Authority) district.
OK? And as such, remember, DDA has State statute for funding of a half a
mill. So anything that would go in here would be subject to the half a mill.
Also...
Mr. Rodriguez: No, no, no.
Vice Mayor De Yurre: I don't think - not that far in. I think it's on
Biscayne Boulevard.
Commissioner Plummer: Twentieth Street, 20th Street.
Vice Mayor De Yurre: But how far in?
Commissioner Plummer: To...
Mr. Rodriguez: Second Avenue Northeast to the railroad track.
Commissioner Plummer: No. It's...
Mr. Rodriguez: Doesn't go to Biscayne Boulevard.
Commissioner Dawkins: The railroad track? Biscayne Boulevard?
Commissioner Plummer: No. It goes further over to Biscayne Boulevard.
Commissioner Dawkins: No, it doesn't. Not - this doesn't.
Mr. Rodriguez: No, this doesn't go to Biscayne Boulevard.
Commissioner Plummer: I think - what's the west boundary of the DDA?
Mr. Rodriguez: This is on the west side of 2nd Avenue Northeast, Mr. Plummer.
Commissioner Plummer: Sir, I understand that, but I think that above 20th
Street, you're clear. The other issue that I was wanting you to know is that
there is a tax abatement existing in...
(INAUDIBLE COMMENT)
Commissioner Plummer: Huh?
(INAUDIBLE COMMENT)
300 July 6, 1993
Commissioner Plummer: That's Omni, and this is right on the north side of
Omni, OK? So there is - you've got to know that these other things exist in
that area, OK?
Commissioner Dawkins: OK, All right. He made you aware of that. Go on. Go
ahead.
Mr. Rodriguez: The Omni Hotel have reported that for the first half of 1993-
and you have a copy of this on a paper with you -their revenue from film and
television production amount is $190,000 for the people who use the 2100 on
2nd Avenue Northeast, and 8th Highway on 2nd Avenue Northeast report revenue
in excess of $200,000, and they give the credit to the film production of 2100
Northeast 2nd Avenue. Due to finalize this film makers want to come to
Florida- and I have met with some of these people- because they come to
Florida, because the access to the latest technology at affordable price.
They benefit from great weather, and they have beautiful area to work with.
This Edgewater area is only minutes away from downtown Miami, and Miami Beach,
Bayside Marketplace, Miami International Airport, and great access to the
expressway system. The designation and subsequent development of the district
will give the area a share of a very large industry that is real, that will
create jobs, and we will be able to market this area internationally and
attract foreign investors, and foreign productions, and foreign companies to
the area. If you want, I can introduce to you Mr. Francisco Martinez. He is
a foreign investor. He is from Spain, and he 1s the owner of this film area
here, and he have other investors who are willing to go and invest in the
area.
Commissioner Dawkins: I'm going to make a motion that we approve this...
Commissioner Alonso: Yes.
Commissioner Dawkins: .,. simply because we're not doing anything that has
not been done. We have a design district, we got a garment district, and
there's no reason why we should not have a film district. I so move.
Commissioner Alonso: I think it's the ideal location.
Commissioner Plummer: I don't see a thing wrong with it. I don't know what
it really is going to accomplish, but I don't see anything wrong with it.
Vice Mayor De Yurre: Well, they can market it, so that's fine.
Commissioner Alonso: Yes.
Commissioner Plummer: That's fine, that's great.
Vice Mayor De Yurre: OK.
Commissioner Dawkins: Call the roll.
Vice Mayor De Yurre: We have a motion and a second, no further discussion.
Please call the roll.
Commissioner Plummer: So be it.
301 July 8, 1993
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-453
A RESOLUTION DESIGNATING THE AREA OF NORTHEAST 2ND
AVENUE FROM 17TH STREET TO 36TH STREET, MIAMI,
FLORIDA, AS "THE FILM DISTRICT OF MIAMI."
(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
NOES: None.
ABSENT: Mayor Xavier L. Suarez
Vice Mayor De Yurre: Thank you.
Commissioner Dawkins: Go away and say no more.
Mr. Rodriguez: Thank you very much, Commissioners.
------------------------------------------------------------------------------
68. DISCUSS AND REFER TO CITY MANAGER PROPOSAL RECEIVED FROM BLUE STAR
SECURITY SERVICES CORP. FOR USE OF SECURITY OFFICERS TO SUPPLEMENT MIAMI
POLICE OFFICERS IN BAYSIDE AREA -- REQUEST MANAGER TO MAKE
RECOMMENDATION.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Item 60.
Commissioner Dawkins: Sixty?
Commissioner Alonso: Yes.
Commissioner Plummer: Blue Star Security.
Vice Mayor De Yurre: Go ahead.
Commissioner Plummer: The last item on the agenda.
Mr. Edson Souza: Commissioners, my name is Edson Souza. I am an assistant
director for Blue Star Security Services. We are here to introduce to you.
302 July 8, 1993
Vice Mayor De Yurre: Excuse me a second. Excuse me. Before you get on.
J.L.
Commissioner Plummer: Sir?
Vice Mayor De Yurre: We have - what are we going to do about the supplemental
agenda? We have First Union Bank here, has been sitting for hours.
Commissioner Plummer: Sir, I am not the least bit concerned about the
supplemental until I get my pocket items done. If we have time after that -
let me tell you something. This Commission went on record about supplementals
which we call sneaky petes, and as far as I'm concerned, if we have time left
to do them before 9:00 o'clock, we may or may not get to them.
Commissioner Dawkins: That's my blood brother.
Commissioner Plummer: You bet your hippy.
Vice Mayor De Yurre: OK. Go right ahead.
Mr. Souza: The main reason why I'm here is to introduce Blue Star to the City
of Miami, with the objective of working along with the police, the City of
Miami Police Department, as a security company, providing security. Let me
talk about my company for a while.
Commissioner Plummer: Sir, what is the problem? I don't need a commercial of
your company. What is the problem that you want to address to the Commission?
Mr. Souza: Well, what we basically want to do is to offer the City of Miami a
way of reducing the expenses for security.
Commissioner Plummer: Well, what's the problem, sir?
Mr. Souza: OK. We understand that it would be - would you like to please
speak? Please, go ahead. This is my director. Please.
Mr. Ceferino Rodriguez: Well, my name is Ceferino Rodriguez. I am director
of the company. We're planning to propose to the City of Miami that we, as a
private security industry, we can help prevent- using private security force
to prevent crimes in the City of Miami. That's my - now, I'm bringing this to
consideration...
Commissioner Plummer: Are your people certified, sir, by the State of
Florida?
Mr. Rodriguez: Yes, sir.
Commissioner Plummer: In the 200 hours of a police officer certification?
Mr. Rodriguez: No, it's not necessary, by the Department of State that rules
all the security companies to have that amount of hours, be we retrain our own
personnel in the security business, you know.
303 July 8, 1993
Commissioner Plummer: I don't think...
Unidentified Speaker: (Inaudible) liability issue.
Commissioner Plummer: More than a liability issue. I mean, my God, we were
just know,gthegStateugh this a of Florida little
towhile
aago.
policeman, youunderstand,
have to be certified
with so many hours of training. OK?
Mr. Rodriguez: That's right.
Commissioner Plummer: Now, possibly, you might be able to qualify your people
as PSAs, which is a lesser degree of certification than that of a police
officer, and maybe that might be an answer to the police department for having
availability when needed for extra people. But I think that as far as police
officers are concerned, unless you're carrying the same certification of a
police officer, I couldn't vote for it, sir.
Lt. Joseph Longueira: Do you have a specific proposal?
Mr. Souza: Yes, we do have.
Mr. Rodriguez: Yeah. We have a proposal.
Lt. Longueira: All right. That doesn't propose anything.
Commissioner Plummer: Well, you know, here again - Mr. Manager, are you aware
of this proposal?
Mr. Cesar Odio (City Manager): No, sir, we're not.
Commissioner Plummer: See, what happens, we - two meetings ago, we said
nothing gets on these agendas without having an appearance before the
Administration. Here they come here now. Now we're going to have to revert
them back to you to come back to us.
Mr. Odio: Well, they asked directly for an appearance...
Commissioner Plummer: Sir, I don't care what they asked for.
Mr. Odio: The policy you set was on funding, Commissioner.
Commissioner Alonso: That's fine, but people don't really intend to come here
and waste their time and ours.
Commissioner Plummer: That's what they're doing.
Mr. Souza: Right.
Commissioner Alonso: What they really want is some action from this
Commission. In fact, all we got is his word, and we had no idea what was the
intent.
Mr. Odio: Look at the letter they sent.
304 July 8, 1993
Commissioner Plummer: Yeah. No, this - you should have had the idea to go
through it.
Commissioner Alonso: So now, we have to refer you back to the Administration
to discuss with you and see if it has some potential, and then come back to
US.
Commissioner Plummer: I'll defer this item to the Administration for further
consideration and report back to this Commission.
Mayor Suarez: OK. So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Can we sort of give a little bit of a supportive
tinge to this? I mean, what - the basic idea is what? Just state it real
quick, and maybe we can have a little bit of substance to the motion here.
Commissioner Alonso: I see.
Commissioner Plummer: They want to supplement the police department, to help
fight crime. That's - if I understand correctly.
Mayor Suarez: But there are some licensing implications in what you want,
isn't there? Or some kind of...
Commissioner Dawkins: They want to replace my police department.
Mayor Suarez: I thought it had to do with Bayside, for example.
Commissioner Alonso: Bayside?
Commissioner Plummer: Well, that's a good idea. I hadn't thought about that.
Commissioner Alonso: Bayside? Well, that's a possibility.
Lt. Longueira: But Mayor, if we were going to enter into this concept, I
think it would be something we would do as a City, but we would put it out for
an RFP (Request for Proposals), for people to respond to. We wouldn't
necessarily select this one company.
Mayor Suarez: Is there anything that we can add, Lieutenant, to this? And
I - if it has to do with Bayside, you've got three heads here going like this,
nodding, and perhaps the Vice Mayor, too, that says, you know, we ought to
look at other alternatives to what is costing us an incredible amount of
money.
Commissioner Alonso: Alternatives.
Commissioner Plummer: Well, Mr. Mayor, just for your edification...
Mayor Suarez: When it's a specific...
305 July 8, 1993
Commissioner Plummer: ... I have had conversations with the head of Bayside,
who is presently negotiating to see what can be done, because we have - I
think we're down to 13 police officers there now - to see if we could come up
with some cadre of individuals, and maybe this might be an answer.
Commissioner Alonso: It might be an alternative.
Mayor Suarez: That's what I was saying. Is that the general thrust of what
you'd want us to do?
Mr. Rodriguez: That's the idea, sir.
Mayor Suarez: All right. Very good. So now it's going to the
Administration, but with a bit of more specificity. We'll look at the
possibility of using companies such as yours in Bayside.
Mr. Rodriguez: That's the idea, sir.
Mayor Suarez: There you go.
Commissioner Plummer: So moved.
Mayor Suarez: All right.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Mr. Souza: Thank you.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 93-454
A MOTION TO REFER TO THE CITY MANAGER PROPOSAL BY
"BLUE STAR SECURITY SERVICES CORP." TO HAVE THE CITY
USE BLUE STAR SECURITY OFFICERS IN CONJUNCTION WITH
CITY OF MIAMI POLICE OFFICERS IN THE AREA OF BAYSIDE;
FURTHER REQUESTING THE MANAGER TO COME BACK WITH A
RECOMMENDATION.
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: None.
ABSENT: Commissioner Miller J. Dawkins
306 July 8, 1993
------------------------------------------------------------------------------
69. EXECUTE THREE-YEAR AGREEMENT WITH FIRST UNION BANK TO PROVIDE BANKING
SERVICES TO THE CITY OF MIAMI -- AUTHORIZE EXTENSION OF CURRENT CONTRACT
WITH FIRST UNION BANK TO ENSURE NO INTERRUPTION OF BANKING SERVICES.
------------------------------------------------------------------------------
Commissioner Plummer: Can I go - can we go to pockets?
Mayor Suarez: Yes. I think in fairness to the policy established - I don't
know. Are any of the supplementary agenda items such that the Administration
needs them?
(INAUDIBLE COMMENT)
Commissioner Plummer: All right. Where is Mister?
Commissioner Dawkins: Right here.
Mayor Suarez: Well, there's one at least that the Vice Mayor is saying is of
absolute essence. What is that item?
Mr. Cesar Odio (City Manager): We need S-5. We don't have a bank contract.
Commissioner Plummer: Move it.
Mayor Suarez: Moved. Any problems with S-5?
Commissioner Plummer: And I want to say for the future, Mr. Manager, when you
come with supplementals, in the future, sir, I'm voting against all of them.
Mr. Odio: Will you please let...
Commissioner Plummer: We established 60 items.
Mayor Suarez: Well, every once in a while, we're stuck in a situation where
we've got to add some. Don't be too inflexible about it. OK. We have a
motion and a...
Commissioner Plummer: Yeah, but when you put it, sir - Mr. Mayor, when you
put it on a supplemental agenda, those people are going to expect to be heard.
OK?
Commissioner Alonso: I don't recall. The extension is how long?
Mr. Carlos Garica: Three years.
Mayor Suarez: All right. So moved and seconded. Any discussion? If not,
please call the roll on S-5.
Commissioner Alonso: One question, sir.
307 July 8, 1993
Commissioner Plummer: The motion is for the bank, First Union sank, to be the
bank of the City for three years.
Commissioner Dawkins: Why?
Conmissioner Plummer: Well, because we got to have a bank.
Ms. Matty Hirai (City Clerk): Mr. Mayor, I need a second on the motion.
Commissioner Dawkins: Second it.
Commissioner Alonso: Well, yeah. Yeah. We were asking is, why couldn't they
accept one year?
Mr. Carlos Garcia: Because, Commissioner, it has taken us over six months to
go through the process of selecting a bank. One year is too short to, you
know, to continue the program. Normally, it takes about five years, you know.
But one year is just too short of a period.
Commissioner Alonso: One year and a half?
Mr. Garcia: Make it two at least, please. No less than two.
Commissioner Plummer: Well, let's compromise. How about two years with a
third year at the option of the Commission? How about that?
Mr. Garcia: It said three years. The RFP said three years.
A. Quinn Jones, III, Esq. (City Attorney): Well, the RFP, what they put on it
is three years.
Commissioner Plummer: That's fine.
Mr. Jones: You can't change that.
Commissioner Plummer: It doesn't mean we can't negotiate. I'd like to give
the three years, but if my colleague has it, make it a two-year contract with
the third year at the option of the City. OK?
Commissioner Alonso: Yes.
Mr. Jones: Commissioner.
Commissioner Plummer: Yes, sir.
Mr. Jones: You're at the point where you had a specification that called for
three years. That's what was bid on. You cannot change those terms.
Commissioner Plummer: Then I'll move for the three years, if we can't, OK?
What else are we going to do; throw it out? That's our alternative, right?
Commissioner Alonso: Why do they need my vote? What do they need my vote
for?
308 July 8, 1993
Commissioner Plummer: No, excuse me.
Commissioner Alonso: I'm forced to do something, so I say no. That's it.
Commissioner Plummer: Well, then we then run to Venezuela with our bags of
money and hide them in the back yard.
Commissioner Alonso: Sure.
Commissioner Plummer: What else are we going to do? I don't... Well, hey,
let's see.
Commissioner Dawkins: I second the motion. Let's go.
Commissioner Plummer: Let's go.
Mayor Suarez: What is this?
Commissioner Dawkins: Right, J.L.?
Commissioner Plummer: I moved it. We have no choice.
Mayor Suarez: You have reservations about the term?
Commissioner Alonso: I do have reservations for the three years.
Mayor Suarez: I have reservations for the three years, too. Can we make it
a...
Mr. Jones: You're changing the terms of the RFP.
Commissioner Plummer: He says we can't do it.
Mr. Jones: What was bid on was a three-year contract.
Commissioner Alonso: Everything is so...
Commissioner Plummer: We can't we negotiate.
Mayor Suarez: Will they accept a two-year...
Mr. Jones: Then you've got the possibility of these two other banks, Barnett
and Sun Bank, coming back telling you, "You've changed the terms. I could
have given you a better deal, had I been able to give you a two-year deal."
That's the danger that you risk. You can't unilaterally change the terms of
what went out. Remember, this was approved before it went out.
Commissioner Plummer: Well, the basic terms we're not changing. It's the -
it's still a three-year contract.
Mr. Jones: It's got to be - it's got to be in accordance with what you bid
out, what you requested, which was three years. That's what was bid on.
That's a material term of the RFP.
309 July 8, 1993
Commissioner Plummer: Carlos, in the future, let it be a lesson to you. Bid
it out no...
Mr. Garcia: Sir, we brought that RFP to the City Commission.
Commissioner Plummer: Hey, let it be a lesson to you in the future, bid it
out no more than three years, OK?
Commissioner Alonso: Yes.
Mr. Garcia: I'll understand that.
Commissioner Plummer: That would be - then you can negotiate it.
Commissioner Alonso: Well, if we have no choice.
Commissioner Plummer: Well, you're a two/two vote right now, so what do you
want to do; wait for Victor?
Commissioner Dawkins: Yeah.
Commissioner Plummer: OK. Can I do my pocket items?
Commissioner Dawkins: Yes.
Commissioner Plummer: Thank you.
Mayor Suarez: All right.
Commissioner Plummer: Mr. Mayor and my colleagues - here he is.
Mr. Garcia: Vice Mayor De Yurre.
Commissioner Plummer: Stand up, Victor. You're the ultimate wisdom. In a
three-year...
Vice Mayor De Yurre: Let's go. Call the roll.
Commissioner Plummer: Oh, call the roll, I'm sorry. I didn't know you heard
it. Call the roll.
Mayor Suarez: We have a motion and a second. Any discussion? If not, please
call the roll.
310 July 8, 1993
k
g"
The following resolution was introduced by Commissioner Plumper, who
moved its adoption:
RESOLUTION NO. 93-455
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR A THREE YEAR PERIOD WITH FIRST UNION
BANK FOR THE PURPOSE OF PROVIDING BANKING SERVICES TO
THE CITY OF MIAMI, FLORIDA; FURTHER AUTHORIZING THE
CITY MANAGER TO EXTEND THE CURRENT CONTRACT WITH FIRST
UNION BANK TO ASSURE NO INTERRUPTION OF SAID BANKING
SERVICES; ALLOCATING FUNDS THEREFOR FROM CITYWIDE
INTEREST EARNINGS.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: Commissioner Miriam Alonso
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I made the motion, yes. Excuse me. I have the only
alternative, the motion understood is three years?
Ms. Hirai: Yes, sir.
Commissioner Plummer: OK.
Mayor Suarez: No, for the same reasons stated.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Any other items on the supplementary agenda that we should take
up?
311 July 8, 1993
------------------------------------------------------------------------------
70. DISCUSSION CONCERNING LOAN REQUEST FOR $20,000 BY MIAMI SPORTS AND
EXHIBITION AUTHORITY.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, as far as pockets, a reso - and I've got
more than two, sir.
Unidentified Speaker: Yeah, this is my seven item.
Commissioner Plummer: I'm sorry, but I've got more than two.
Unidentified Speaker: It's two.
Commissioner Plummer: One of them is that the Manager has agreed to loan the
Sports Authority $20,000 for the purpose of living up to the commitment to the
Unlimited Racing Commission, which was made by the Sports Authority, a
commitment of $20,000, which they presently do not have the $20,000, and the
Manager has agreed to loan It to them so that we can live up to the City' s
commitment.
Mr. Cesar Odio (City Manager): Provided - and Mr. Person is here - that they
approve this funding.
Commissioner Plummer: They have already approved the funding, sir. They just
don't have the money. Now, you're shaking your head "no."
Mr. Bill Perry: He said...
Commissioner Plummer: Mr. Dawkins, would you please explain it to me? I'm
embarrassed.
Commissioner Dawkins: Wait. Wait a minute. Let me explain to you what
happened, OK?
Commissioner Plummer: The head of Finance told me it was.
Commissioner Dawkins: We agreed that we needed an additional hundred thousand
dollars in the Sports Authority budget.
Commissioner Plummer: Correct. Which we approved.
Commissioner Dawkins: Which we - this Commission approved. This Commission
approved it on the strength that $20,000 would go to the...
Commissioner Plummer: Unlimited Boats.
Commissioner Dawkins: Well, whatever, ref. - ref. whatever. And 20,000 would
go to what else?
Commissioner Plummer: It was 50,000 to the Sanchez; it was 15,000 to the
Miami Miles; and 20,000 the the Unlimited Racing Commission.
312 July 8, 1993
Commissioner Dawkins: OK.
Commissioner Plummer: That was 65,000.
Mayor Suarez: So now...
Commissioner Plummer: Seventh - seventy-five.
Commissioner Dawkins: ... and on the strength of that money being put into
the Sports Authority budget, it was agreed that we would pay the money.
Commissioner Plummer: Correct.
Commissioner Dawkins: Now, I - and that's where it is.
Commissioner Plummer: And it is my understanding that the Finance Committee
passed it, and the board passed it.
Commissioner Dawkins: Now, this is money that's in - Mr. Perry, this is money
that's in the budget to be shifted around, right? OK? So the hundred
thousand dollars is to be shifted into a line item where this can be done.
Commissioner Plummer: Mr. Dawkins, all I'm saying, sir, is...
Commissioner Dawkins: OK, well, I understand.
Commissioner Plummer: ... this matter was approved, it was passed I made...
Commissioner Dawkins: We are - we're doing just this.
Commissioner Plummer: I will make a motion at this time that the City
Manager, as he has agreed, to loan the Sports Authority $20,000, to live up to
the commitment to the URC (Unlimited Racing Committee), in a form of a loan to
be repaid by the Sports Authority prior to their next budget being adopted.
Commissioner Dawkins: Wait. Now, wait now. See...
Vice Mayor De Yurre: We need to...
Commissioner Dawkins: Wait a minute. We agreed that if Mr. Perry brought in
a budget amendment, that a hundred thousand dollars would be shifted in the
present budget. Now, why are we going to the next year's budget?
Commissioner Plummer: No, sir. Before the next year budget, so that you're
balanced out.
Commissioner Dawkins: Oh, oh, OK. Sorry. OK. OK.
Vice Mayor De Yurre: Let's clear something...
Commissioner Plummer: Sure.
313 July 8, 1993
Vice Mayor De Yurre: ... that I think at least is misty and kind of gloomy up
there the way I see it right now. We cannot dictate to the Sports Authority
what to do and what not to do. Legally, we cannot do that. We cannot, here
as a body, say, "A, B, C, Inc., we're going to give you 20,000, the Sports
Authority is going to give you 20,000."
Commissioner Plummer: Sir, it's been...
Commissioner Dawkins: But we did not tell us what to do, OK?
Vice Mayor De Yurre: We can, you know - whatever. But legally, we can't
decide here...
Commissioner Plummer: But it has been approved by the board.
Commissioner Dawkins: Wait a minute. Let me - but we did not agree to tell
us at the Sports Authority what to do.
Commissioner Plummer: We made a normal application.
Commissioner Dawkins: What we agreed to was - and I took it back to the
Sports Authority...
Vice Mayor De Yurre: Recommend.
Commissioner Dawkins: ..0 to recommend that if Mr. Perry made a budget
amendment, which he cannot do without the approval of this Commission, any
transferral of funds within the Sports Authority budget must be approved by
this Commission.
Commissioner Plummer: Correct.
Commissioner Dawkins: So therefore, I took it back to the Sports Authority
and said to them...
Commissioner Plummer: I don't understand.
Commissioner Dawkins: ... a hundred thousand dollars will be transferred
within your present budget for you to make - for us to make these awards. And
it was agreed upon that this would be done. Now, Mr. Perry says that certain
limit - not limitations, but certain expectations were laid out and not lived
up to. Well, I don't have anything to do with that, OK? All I know is that
it was agreed up here that the hundred thousand dollars could be moved around
if we gave Ralph Sanchez $20,000.
Commissioner Plummer: And it was so specified what it was for.
Vice Mayor De Yurre: And now, where's that money?
Commissioner Plummer: Where's the money? That's what I want to know.
Commissioner Dawkins: It's...
Commissioner Plummer: Mr. Perry, where is the money, sir?
314 July S, 1993
Vice Mayor De Yurre: Because if the money was - we take the money back if we
gave him the money.
Commissioner Dawkins: No, we didn't give 1t to him.
Vice Mayor De Yurre: OK. We just told him to rearrange it.
Commissioner Plummer: That's it.
Commissioner Dawkins: And he never brought me a budget amendment.
Mr. Bill Perry: The money is in place. First of all, let me back up. At
the - it was approved at the May Sports Authority meeting that we would commit
$20,000 to this particular event.
Commissioner Plummer: Correct.
Mr. Perry: At the June Authority meeting, there were some concerns of which
the board was apprised of. At that particular meeting, it was agreed that we
would continue to sit down and work with this organization and bring something
back to the board that made sense as far as what our involvement and
commitment was.
Commissioner Plummer: Who did you notify that of?
Mr. Perry: It was decided...
Commissioner Plummer: You never notified...
Mr. Perry: It was decided at the last...
Commissioner Plummer: The only notification that I received...
Mr. Perry: ... board meeting, which took place last week.
Commissioner Plummer: Sir, the only notification that I had was prior to the
race that you had approved it, and that came from Mr. Skip Shepard, who is the
head of the Finance Committee.
Mr. Perry: Sure. But every decision is made at the...
Commissioner Plummer: It was passed by the board.
Mr. Perry: Right.
Commissioner Plummer: I conveyed that commitment on to the URC, who put on
their race, and are now, because of the commitment made, are looking for their
money. No one has said to me, until you came to me yesterday or day before
yesterday, and said that there was some kind of a commitment, or there was
something to further discussion. I took, on your word, that that matter was
approved by the Sports Authority, because of the fact that it was here at this
Commission that we freed up the hundred thousand dollars.
315 July S, 1993
Y
JX
Mr. Perry: You did approve that amendment. That is correct.
Commissioner Plummer: So what is the...
Mr. Perry: That's not the issue.
Commissioner Plummer: So what is the problem? I don't under...
Mr. Perry: The issue is - I mean, it's very simple - that the $20,000 that
was approved in May, that commitment was revisited by the board in June. Mr.
Shepard, who is the finance...
Commissioner Plummer: After the race.
Mr. Perry: Correct. Mr. Shepard - because of the concerns...
Commissioner Plummer: After you had made a commitment to the race.
Mr. Perry: Because of the concerns that were brought to the attention of the
board...
Vice Mayor De Yurre: What concerns?
Mr. Perry: Well, I mean, there were certain issues as relates to the race as
far as the management. We tried to contact them the week before the race to
sit down with them to negotiate certain issues of concern. We never got a
return call back from them. It's on...
Commissioner Plummer: You...
Mr. Perry: Well...
Commissioner Plummer: Exactly, you made a commitment. We made a commitment
here at this Commission.
Mr. Perry: Well, Mr. Plummer, I mean, it could be - this can be resolved. I
mean, it's - it will be resolved.
Commissioner Plummer: I keep being told for the past three weeks, this matter
can be resolved. These people are calling me daily.
Mr. Perry: I've called - I've...
Commissioner Plummer: You made - they don't want to talk to you, sir. You
have zapped them. You've zapped them!
Mr. Perry: I haven't zapped them. That's not true.
Commissioner Plummer: They want to know, "Commissioner, you told us there was
a commitment." I said, "Sir, I have more than a commitment." I've sent
them - faxed them out a copy of what this Commission did here. Now, you know,
this business of "We're going to resolve this matter," when?
Mr. Perry: Tomorrow.
316 July 8, 1993
Commissioner Plummer: Tomorrow.
Mr. Perry: Well, pending you give me the 20,000.
Commissioner Dawkins: OK. All right, no problem.
Commissioner Plummer: I just - I, for the life of me...
Vice Mayor De Yurre: But now you say you have the money, or you don't have
the money?
Mr. Odio: Korge is saying you have the money there, so why...
Commissioner Dawkins: But Chris Korge is not the executive director.
Mr. Odio: I mean, I know, but I...
Commissioner Dawkins: No, now wait a minute, it's not a legal problem! This
is the executive director. He controls the budget. Now, let's don't overlook
the man. Let's give him his due respect.
Commissioner Plummer: All right.
Commissioner Dawkins: Go ahead, Mr. Perry.
Commissioner Plummer: All I'm asking is, do you have the money? If you
don't, the Manager was agreeable to pay it so that this City will not have to
be in the shame that we're in today.
Mr. Perry: Yes, we have the money.
Commissioner Plummer: Thank you, sir. OK? Next item, Mr. Manager.
Commissioner Dawkins: All right - OK, go ahead.
------------------------------------------------------------------------------
71. GRANT FUNDING REQUEST BY MIDNIGHT BASKETBALL LEAGUE AT THE SAME LEVEL OF
LAST YEAR'S FUNDING, AS AN ADVANCE AGAINST ANTICIPATED LAW ENFORCEMENT
TRUST FUND FUNDING.
------------------------------------------------------------------------------
Mayor Suarez: OK, next item.
Commissioner Dawkins: Let me take one on that one. J.L., would you yield to
me for one minute?
Commissioner Plummer: Surely, sir.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: The midnight football is in trouble.
317 July 8, 1993
Mr. Bill Perry: Basketball.
Commissioner Dawkins: And the Chief has signed off on $25,000 for them from
the...
Mayor Suarez: LETF (Law Enforcement Trust fund).
Commissioner Dawkins: ... ATF (sic) funds.
Mayor Suarez: Law Enforcement Trust Fund.
Commissioner Dawkins: But nobody is coming through. Is it any way, knowing
that they're going to get this money, that we can let them have $25,000?
Vice Mayor De Yurre: Sure, we can lend them...
Mr. Perry: For the record, also, the Law...
Commissioner Dawkins: No, I'm - you got it?
Mr. Cesar Odio (City Manager): We can lend them the money...
Mr. Perry: No, I don't have it.
Commissioner Dawkins: Well, all right then. Stay out of this.
Mr. Odio: We can advance the money, and the LETF Fund will have to refund it.
Commissioner Dawkins: Yes, sir, a paper transfer.
Mr. Odio: Under those conditions.
Commissioner Dawkins: OK, good. All right..
Mayor Suarez: Do we have an indication that that is forthcoming from the
LETF? It's been funded in the past.
Lt. Joseph Longueira: Sir, the only - I do have knowledge that it's in the
process. I do have knowledge that it's being considered, at minimum funding
at last year's level, which I believe was twenty - fifteen thousand. I do not
know...
Commissioner Dawkins: All right, well give them 15 - I mean...
Lt. Longueira: ... for firm confirmation of the 25,000.
Mayor Suarez: Please, yeah, advance what last year was, so we'll be on the
safe side.
Commissioner Dawkins: Advance whatever it is. We'll argue about the rest.
Mr. Odio: OK. I'll advance whatever the amount is that has been approved.
318 July 8, 1993
Commissioner Dawkins: All right. Mr. Giballi, meet with the Manager and see
what we can do.
Mr. Odio: But you need to vote on it, please.
Commissioner Dawkins: OK. We're going to - and the reason this is urgent,
Mr. Mayor, is you and Victor, all of us know we have two guys who have been
picked up and put in jail for violating their probation, because they'were in
the streets, because the basketball program had shut down.
Mayor Suarez: We don't need that. All right. So moved and seconded. Call
the roll. As an advance against LETF funds, if...
Vice Mayor De Yurre: Fifteen thousand.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-456
A RESOLUTION AUTHORIZING THE FUNDING OF THE MIAMI
MIDNIGHT BASKETBALL LEAGUE, INC., AND ALLOCATING FUNDS
THEREFOR, IN THE AMOUNT OF $15,000, FROM THE LAW
ENFORCEMENT TRUST FUND, SUBJECT TO SAID EXPENDITURES
BEING CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING
WITH FLORIDA STATE STATUTE 932.7055.
(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.
319 July 8, 1993
72. APPROVE ASSIGNMENT OF SHELTER ADVERTISING OF AMERICA, INC.'S AGREEMENT
(DATED JANUARY 26, 1989) WITH THE CITY TO PATRICK MEDIA GROUP, INC., A
WHOLLY -OWNED SUBSIDIARY OF GENERAL ELECTRIC CAPITAL CORPORATION -- FOR
FURNISHING / INSTALLATION / MAINTENANCE OF BUS SHELTERS WITHIN THE
CITY -- AUTHORIZE EXECUTION OF AGREEMENT.
------------------------------------------------------------------------------
Commissioner Plummer: " A resolution acknowledging and approving the
assignment of Shelter Advertising of America, Inc.'s agreement, dated January
269 1989, with the City of Miami, Florida, for the furnishing, installation,
and maintenance of bus shelters within the City of Miami, to Patrick Media
Group, Inc., a wholly -owned subsidiary of General Electric Capital
Corporation; further authorizing the City Manager to execute the agreement to
said agreement, effectuating the said assignment in a form acceptable to the
City Attorney." I so move, Mr. Mayor.
Mayor Suarez: Are we talking about what has just been...
Commissioner Plummer: Yes, sir.
Commissioner Alonso: I second.
Mayor Suarez: You want us to do an assignment?
Commissioner Plummer: I'm sorry, sir?
A. Quinn Jones, III, Esq. (City Attorney): Thank Chris Korge for that.
Commissioner Plummer: Wait a minute. What, what what....
Unidentified Speaker: What is this?
Mr. Jones: This is a pocket.
Mayor Suarez: This is an emergency item or otherwise referred to incorrectly
as a pocket item, and it involves the assignment of this contract.
Vice Mayor De Yurre: It says recommended by the Administration?
Mr. Cesar Odio: Yes. I...
Commissioner Plummer: This is the contract existing, which is more of a
transfer, and the Manager has gone through it.
Mr. Odio: I'm sorry. We had Public Works review it, and I reread the...
Mr. Wally Lee: It's a transfer of ownership which has to come to the
Commission.
Mr. Odio: Just the ownership.
320 July 8, 1993
Mayor Suarez: Why is Mr. Korge approaching the mike?
Mr. Chris Korge: I wanted to answer your question, 1f you want me to.
represent...
Mayor Suarez: Are you involved in this...
Mr. Korge: Pardon? I represent Patrick Media.
Mayor Suarez: ... travesty - I mean this item?
Commissioner Alonso: He's always involved.
Mr. Korge: Yes, I am.
Mayor Suarez: Ah-hal Is this...
Mr. Korge: And the package is just backup information.
I
Mayor Suarez: Wait. Let me ask questions, please. A lot of these kinds of
concessions and agreements, when they have change of ownership, the provision
that is the operative provision usually calls for a review of the credit or
the standing in the community, or the otherwise good character of the entity
receiving the transfer of ownership or assignment or whatever. Is that the
kind of provision we have in here?
Mr. Lee: Yes, Mayor. It's General Electric Capital Corporation, so I think
they're...
Commissioner Alonso: Have you reviewed this item?
Mr. Lee: Yes, I have.
Mayor Suarez: And did I characterize it correctly as being a situation where
we have a provision that says if the assignee or the transferee has at least
as good credit and as good standing in the community, and those kinds of
things, is that the kind of provision that we're going to be applying, if we'd
had enough time to review this and be aware of it, if it had been scheduled
properly, as it should have been? Is that the kind of provision we're dealing
with? Can you assure me of that?
Mr. Lee: No, sir. I can assure you that, you know, if it's...
Commissioner Dawkins: Hey, Bill, don't leave. Don't leave.
Mr. Lee: No, I cannot assure you. And I nee some clarification from...
Mayor Suarez: City Attorney, is that the...
Mr. Lee: I saw the assignment clause in the contract.
Mayor Suarez: That's what I mean. Is that the kind of assignment clause
we're dealing with?
321 July 8, 1993
Commissioner Plummer: Cesar, is there any - have you gone through it all or
do you have...
Mr. Jones: Mr. Mayor, to be quite honest with you, I'm not sure.
Mayor Suarez: OK, you're not sure.
Mr. Jones: The only thing that I was apprised of is that there was a change.
I know this was reviewed by my office. I didn't review it personally. I
would have to review it myself.
Mr. Odio: (Inaudible) Irma.
Mr. Jones: Yeah, she's not here.
Mr. Odio: That it was a good assignment, that it's an excellent company...
Mayor Suarez: OK.
Mr. Odio: We reviewed that, a General Electric Capital Corporation Company.
Mayor Suarez: And why...
Mr. Odio: It just...
Mayor Suarez: I mean, I've got calls from Mr. Rafael Reyes. Is he involved
In this?
Mr. Odio: It's just an assignment of.
Mr. Stephen Nyell: Yes, he's my partner.
Mayor Suarez: You're involved in this, Steve?
Mr. Nyell: Yes, Mayor. Stephen Nyell, on behalf of Shelter Advertising of
America. Mr. Reyes is my partner.
Commissioner Plummer: He was here all day.
Mr. Nyell: Yes.
Mayor Suarez: So you would be - wait a minute. He looks like a younger
version of the Reyes I'm thinking about.
Mr. Nyell; This is Javier Reyes. It's Rafael's son.
Mayor Suarez: Oh, my God! With a name like that, how can I not? But...
Commissioner Plummer: Is it with an "X" or "J"?
Mayor Suarez: We've got a lot of phone calls you change over here. Very wise
move. Why today? Why can't we just take this up as a regular item in
September?
322 July 8, 1993
Mr. Nyell: We have a deadline on...
Mr. Odio: It's a deadline.
Mayor Suarez: I don't want to invoke the rule or anything like that. I've
never done that to my colleague on my left, although some days I feel like
invoking a lot of rules on him, including those that don't exist, but...
Mr. Nyell: What happened was...
Commissioner Plummer: You do that quite often.
Mr. Nyell: ... we were told we were originally scheduled for this agenda.
Apparently, the last agenda ran long or whatever. It got bumped to the 22nd.
Commissioner Alonso: Yes.
Mr. Nyell: I have a father-in-law who is taking myself, and my wife, and my
three children...
Mayor Suarez: On vacation.
Mr. Nyell: ... my two children, my three nephews, my three nieces and
nephews, taking about 15 to 20 people to Canada. We won't...
Mayor Suarez: Oh, my God, this is a...
Mr. Nyell: And he'll take you, too, Cesar.
Mayor Suarez: I can't stand the...
Commissioner Dawkins: Take J.L. and leave.
Mr. Nyell: All right. This was supposed to have been on this agenda.
Commissioner Plummer: Won't hurt my feelings.
Mayor Suarez: All right. Next question, then, now that we have the complete,
nostalgic, sentimental story.
Mr. Nyell: I'm not finished, I could go on.
Mayor Suarez: No, no, no. That's what I don't want you to do. What - you're
assigning, right; or transferring?
Mr. Nyell: Yes.
Commissioner Plummer: Correct.
Mayor Suarez: Who are you transferring to?
Commissioner Plummer: General Electric.
323 July 8, 1993
1'4dt,r'
Mr. Nyell: We are transferring to a company called Patrick Media Group, which
is a wholly -owned subsidiary of GE Capital Credit Company.
Mayor Suarez: Where does Korge come into this?
Mr. Korge: Patrick Media.
Mr. Nyell: He represents the buyers.
Mayor Suarez: And they're related to GE, like GE, the people who make all
the...
Mr. Nyell: Yes. The light bulbs.
Mr. Korge: Wholly -owned subsidiary. Ninety-two billion in assets.
Commissioner Alonso: That's why he is there.
Mayor Suarez: I - are you sure you put the "B" there where an "M" was
supposed to be, or are we talking 92 billion?
Mr. Nyell: Billion.
Mr. Korge: Ninety-two billion in assets.
Mr. Nyell: Billion, Mr. Mayor.
Mr. Korge: Last year, earnings of six billion dollars, net earnings. Good
company to have interest in.
Mayor Suarez: Now, the term is not in any way being extended, right?
Commissioner Alonso: You are delighted to represent them.
Mayor Suarez: The term of concession.
Mr. Nyell: No.
Mayor Suarez: What is the term?
Mr. Korge: Mr. Mayor, all this is, is a purchase of their stock.
Mayor Suarez: What is the term?
Mr. Korge: The term of the contract is...
Mayor Suarez: I need to know - because I expect not to be sitting here in
five months - what I am saddling my successors with. What is the term?
Mr. Korge: The term of the contract was five years with, I believe, two five-
year...
Mayor Suarez: Some renewal options?
324 July 8, 1993
Mr. Korge: Two five-year renewal options.
Mayor Suarez: OK. None of the other provisions of the contract are being
changed, not a one?
Mr. Korge: Nothing's being changed.
Commissioner Plummer: Everything is identical, Mr. Mayor.
Mayor Suarez: All right. Any further questions from any Commissioner? If
not, do we have a motion and a second on the item?
Commissioner Plummer: I made such a motion.
Commissioner Alonso: I second it.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-457
A RESOLUTION ACKNOWLEDGING AND APPROVING THE
ASSIGNMENT OF SHELTER ADVERTISING OF AMERICA, INC.'S
AGREEMENT, DATED JANUARY 26, 1989, WITH THE CITY OF
MIAMI, FLORIDA, FOR THE FURNISHING, INSTALLATION AND
MAINTENANCE OF BUS SHELTERS WITHIN THE CITY OF MIAMI
TO PATRICK MEDIA GROUP, INC., A WHOLLY OWNED
SUBSIDIARY OF GENERAL ELECTRIC CAPITAL CORPORATION;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO SAID AGREEMENT EFFECTUATING SAID
ASSIGNMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
325 July 8, 1993
73. WAIVE POLICE SURCHARGE FOR CELEBRATIONS ON JULY 4TH CELEBRATION AT
BAYFRONT PARK.
Commissioner Plummer: A resolution waiving...
Mayor Suarez: Commissioner Alonso wanted to have two supplementary agenda
items.
Commissioner Alonso: Yes. Maybe he...
Commissioner Plummer: Can I finish, please? Can I finish?
Mayor Suarez: Yes.
Commissioner Alonso: How many pocket items do you have?
Commissioner Plummer: I got - I told you more than two.
Mayor Suarez: This is the section of the agenda devoted to Commissioner
Plummer.
Commissioner Plummer: A resolution waiving the City of Miami police
surcharges applied to the Bayfront Park Management Trust for July the 4th,
1993, subject to such conditions and limitations as may be prescribed by the
Administration of the City of Miami by Bayfront Park Management Trust. I so
move.
Mayor Suarez: So moved.
Commissioner Alonso: What - what...
Commissioner Plummer: It's the surcharges on the police, that's all. It's
not the police fees or any of that.
Commissioner Alonso: I wasn't paying any attention. I'm sorry.
Commissioner Dawkins: That's moved and seconded, Mr. Mayor.
Commissioner Alonso: Yes.
Mayor Suarez: Call the roll.
326 July 8, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-458
A RESOLUTION WAVING THE POLICE VEHICLE DEVELOPMENT
SURCHARGES, IN THE AMOUNT OF $694.00, REQUIRED FOR THE
1993 JULY FOURTH EXTRAVAGANZA, HELD AT THE MILDRED AND
CLAUDE PEPPER BAYFRONT PARK ON JULY 4, 1993, SUBJECT
TO CERTAIN CONDITIONS AND LIMITATIONS AS MAY BE
REQUIRED BY THE ADMINISTRATION AND BAYFRONT PARK
MANAGEMENT TRUST.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, 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.
73.1 MAYOR SUAREZ RECOMMENDS TO FILMING CREW FROM THE FIRE DEPARTMENT TO MEET
WITH MR. DAVID SODA CONCERNING COMMENTS BY HIM AS TO THE POOR QUALITY OF
RECORDING OF COMMISSION MEETINGS.
Commissioner Plummer: A resolution waiving - a reso...
Mayor Suarez: Since Commissioner Alonso asked about the camera that's up
there, I want to tell you, for whatever it's worth, that the guy who runs your
union pension fund, Mr. Suda, sent me a note that says, "I want to let the
Commission know the audio and visual TV presentation of these meetings on
cable TV is terrible." I don't know why he would say that, but you maybe
ought to track him down.
Commissioner Dawkins: They're using the cheap camera this week.
Mayor Suarez: What is the proper time to bring it up? I don't know. Maybe
you ought to discuss that with him. You know who I'm talking about?
Commissioner Plummer: At budget time is when it was.
327 July 8, 1993
Commissioner Alonso: What's the little camera for?
Mr. Cesar Odio (City Manager): Mr. Mayor, we have ordered, at your request,
the new equipment. It should be here next month. "Oye," tell him to stop...
Commissioner Alonso: The little one.
Mr. Odio: By next month, we should have the new equipment here. Right?
Commissioner Plummer: From a higher authority.
Mayor Suarez: Now this fellow adminsters your pension fund or one of the two
principal ones. If I were you, I would send him a little letter saying that
his Administration of the pension funds is terrible, and get some answers from
him, because, you know, it's funny that people like that, you have a hard time
from Mr. - I have a hard time getting information from Mr. Suda sometimes.
The least you would do is, you know, do the reciprocal thing to him and ask
him about his fund. All right.
74. WAIVE ALL USER FEES FOR USE OF MARGARET PACE PARK BY MIAMI HOOTERS ARENA
FOOTBALL FOR THE STAGING OF PRACTICE SESSIONS -- ACCEPT DONATION OF
TICKETS BY MIAMI HOOTERS, VALUED AT NO LESS THAN AMOUNT OF WAIVER, WITH
PROVISOS.
Commissioner Plummer: "A resolution waiving the park fees for the use of
Margaret Pace Park by the Miami Hooters Arena Football for staging of practice
sessions from July 13 to 16, July 20 to 23, 193, accepting a donation by Miami
Hooters Arena Football of tickets to its July 24th, 193 game; valued at at
least an equal amount of the waiver hereby granted, to be used by the City of
Miami Parks and Recreation Department and its handicapped division,
authorizing the City Manager to execute an agreement in a form acceptable to
the City Attorney between the City of Miami and the Miami Hooters Arena
Football for said purpose, subject to the organizers obtaining insurance to
protect the City in an amount as prescribed by the City Manager or his
designee." I so move.
Mayor Suarez: So moved.
Vice Mayor De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
328 July 8, 1993
a
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-459
A RESOLUTION WAIVING ALL USER FEES FOR THE USE OF
MARGARET PACE PARK BY MIAMI HOOTERS ARENA FOOTBALL FOR
THE STAGING OF PRACTICE SESSIONS FROM JULY 13-16 AND
JULY 20-23, 1993; ACCEPTING A DONATION BY MIAMI
HOOTERS ARENA FOOTBALL OF TICKETS TO ITS JULY 25, 1993
FOOTBALL GAME, VALUE AT NO LESS THAN AN AMOUNT EQUAL
TO THE WAIVER GRANTED BY THIS RESOLUTION, SAID TICKETS
TO BE USED BY THE HANDICAPPED DIVISION OF THE PARKS
AND RECREATION DEPARTMENT; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND
MIAMI HOOTERS ARENA FOOTBALL FOR SAID PURPOSE, SUBJECT
TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE
CITY IN AN 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 Vice Mayor De Yurre, 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.
-------------------------------- ----------------------------------------------
75. REFER TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE PROPOSED
CODESIGNATION OF MIAMI AVENUE FROM S.W. 9 TO 11 STREETS AS: EMERSON
FITTIPALDI.
------------------------------------------------------------------------------
Commissioner Plummer: A motion made to send to the Miami Codesignation Street
Committee, .from Southwest 8th Street to Southwest 13th Street, on Miami
Avenue, the name of Emerson Fittipaldi. I so move.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion?
(INAUDIBLE COMMENT)
329 July 8, 1993
Commissioner Plummer: What do you mean he's not Cuban? What has that got to
do with it?
Commissioner Alonso: What street? From 8th?
Commissioner Plummer: From 8th Street to 13th Street on South Miami Avenue.
Is that Little Cuba, Little Havana, or Little Fittipaldl?
Commissioner Alonso: You know, he thinks in Cuban all the time.
Commissioner Plummer: That's not - what?
Commissioner Alonso: He thinks in Cuban all the time. That's why.
Commissioner Plummer: But, I mean, what does that...
Vice Mayor De Yurre: But why? Let me ask, why that street?
Commissioner Alonso: Nothing. He just...
Commissioner Plummer: Because his offices are on that street.
Vice Mayor De Yurre: But we don't designate more than two City blocks,
remember.
Commissioner Plummer: So what do you want to designate?
Vice Mayor De Yurre: Just two blocks.
Commissioner Plummer: Two blocks, all right.
Vice Mayor De Yurre: Take it where his office is.
Commissioner Plummer: All right, the two blocks on each side of his office.
All right. Find out - his office is at 950, so find out what two blocks. I
so move.
Vice Mayor De Yurre: Well, from 9th to 11th.
Commissioner Plummer: I so move.
Mayor Suarez: Moved, seconded. Any discussion? If not, please call the
roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-460
A MOTION TO REFER TO THE MIAMI STREET CODESIGNATION
REVIEW COMMITTEE PROPOSED CODESIGNATION OF A TWO -BLOCK
STRETCH ON MIAMI AVENUE (FROM S.W. 9 STREET TO S.W. 11
STREET) AS "EMERSON FITTIPALDI."
330 July 8, 1993
Upon being seconded by Vice Mayor De Yurre, 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
76. (Continued) BRIEF CLARIFYING COMMENTS CONCERNING PRIOR ADOPTION OF
RESOLUTION ACCEPTING BID OF P.M.S. ENTERPRISES, INC. FOR FURNISHING
COMPUTERIZED PHOTOGRAPHIC MINI -LAB TO POLICE DEPARTMENT -- STIPULATE
SAID LAB WOULD BE AVAILABLE FOR USE BY ANY CITY DEPARTMENT. (See label
29)
Commissioner Plummer: Mr. Manager, I have one further request.
Mayor Suarez: That's incredible.
Commissioner Plummer: On item 26, we bought a mini photo processing lab. Is
it understood that that lab, which is sufficient in size, that I am given
reason to believe, is for the use of the entire City; not just by the police
department? Because it will accommodate the total City. May I have an answer
back on that at the next Commission meeting?
Commissioner Alonso: Not today, please.
Commissioner Plummer: OK?
77. ALLOCATE TWO -TWELFTHS OF PREVIOUSLY APPROVED CDBG YEARLY ALLOCATION OF
19TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING TO PREVIOUSLY
NAMED SOCIAL SERVICE AGENCIES.
Mayor Suarez: Reverend.
Reverend Gilbert: Reverend Gilbert, from Saint Agnes Episcopal Church. This
is a point of information. I'm trying to find out, since you did act on
supplemental number 1 and number 5, what has happened to supplementals 2, 3,
and 4.
331 July 8, 1993
Commissioner Alonso: Three and 4, we are going to - I am asking the Mayor to
take it up at this time.
Commissioner Dawkins: I have a pocket item, OK? I have another pocket item.
Vice Mayor De Yurre: Well, we're going to finish pockets before we get into
the supplementals, right?
Mayor Suarez: Well, it's backwards. We're supposed to take supplementals
first. Either way, but at the Commissioner's request, you can see it as an
emergency item or however you want to look at it. Why don't we just dispose
of items S-3 and S-4.
Commissioner Plummer: Where are they? I don't have it, Mr. Mayor. I got it
here somewhere.
Commissioner Alonso: Three and 4. It's...
Mr. Cesar Odio (City Manager): The one that's allocating the one million,
eight -eight -five -six -fifty...
Commissioner Plummer: Jimmy, you're going to have to wait till I can pull it
out.
Mr. Odio: ... of the 19th year of the Community Development.
Commissioner Alonso: For social services agencies.
Mr. Odio: Here, J.L. Here is my supplementary.
Vice Mayor De Yurre: Ringo, are these - are you involved in any of these two?
Mr. Frank Castaneda (Assistant City Manager): He's involved, yes.
Commissioner Plummer: Which one are we talking about? S...
Commissioner Alonso: Three and 4. We need the funding for the agencies.
Commissioner Dawkins: Did we do 2?
Mr. Odio: I just want to, on the authorizing the funding, I would like to
request that we pull Wynwood Economic Development from the funding until we
can work out...
Mr. Castaneda: From S-4.
Commissioner Plummer: You know, that's...
Commissioner Alonso: That's 4.
Mr. Castaneda: S-4.
Commissioner Alonso: S-4.
332 July 8, 1993
Mr. Odio: S-4.
Commissioner Alonso: Yeah, but let's do S-3 first.
Commissioner Plummer: Well, let me tell you something. There's some things
in here that we agreed that we would have the right to come back and go
through.
Commissioner Alonso: How about approving 1/12th or something?
Mr. Castaneda: Yeah.
Commissioner Plummer: One -twelfth, that's fine with me.
Commissioner Alonso: It's coming back the next...
Mr. Odio: Why don't you do - except I don't want any funding to the Wynwood
Economic Development, if you so agree.
Commissioner Plummer: Miller, you had a problem with Kidco, and that's in
here.
Mr. Castaneda: In S-3.
Mr. Odio: Kidco is child care. No, I...
Commissioner Alonso: It's child care. I don't think he has any problem with
that. He has with the construction.
Commissioner Dawkins: Yes, I do. I got a problem with giving...
Commissioner Plummer: Yes, he does.
Commissioner Dawkins: I got a problem with giving money for capital improve -
I mean for...
Commissioner Alonso: Capital improvement, but not for social services.
Mr. Castaneda: This is not capital improvement.
Mr. Odio: This is not capital improvement, Commissioner.
Commissioner Dawkins: Yeah, it is.
Mr. Odio: No, this one, no.
Commissioner Plummer: No. I guess this money is for the social services, but
It's in here.
Commissioner Alonso: No, not this one.
Commissioner Dawkins: OK then.
Mr. Odio: This one is for the - to provide the services to the kids.
333 July 8, 1993
Commissioner Dawkins: Give everybody 1/12th.
Commissioner Alonso: Yeah, 1/12th.
Commissioner Plummer: One -twelfth is fine with me.
Commissioner Dawkins: All but Wynwood.
Commissioner Plummer: OK.
Commissioner Alonso: Wynwood is not in S-3.
Mr. Castaneda: Wynwood is not in S-3, correct.
Commissioner Alonso: That's right.
Commissioner Dawkins: OK.
Mr. Odio: Just in case.
Commissioner Alonso: So S-3, 1/12th.
Commissioner Plummer: So on S-3, we give 1/12th of the allocation.
Commissioner Alonso: Exactly.
Commissioner Dawkins: And then we revisit them...
Commissioner Plummer: I second the motion.
Commissioner Dawkins: Why don't we give them 2/12ths, because in August we're
not meeting. You're not meeting in August.
Commissioner Plummer: Let's keep them on their toes.
Mr. Odio: We can bring it back in September.
Mayor Suarez: But if we give them July and August, we don't have to hear them
until September, J.L.
Commissioner Dawkins: That's right.
Commissioner Alonso: How long will it take this?
Mr. Castaneda: Are you going to bring them back at the second meeting in
July?
Mayor Suarez: Right. That's why...
Commissioner Plummer: No, we'll bring them back sometime next year.
Commissioner Alonso: If not, 2/12ths.
334 July 8, 1993
Mayor Suarez: ... we are just saying that it's a better idea to do it 2/12ths
or 1/6th.
Commissioner Dawkins: That's right.
Mayor Suarez: Which gets it to September.
Commissioner Dawkins: That's right. That's all I'm saying, Mr. Mayor.
Mayor Suarez: Thank you.
Commissioner Alonso: All right, yes. Just to take them to September, fine.
Commissioner Plummer: That's fine.
Mr. Odio: Take me to the first meeting in September.
Commissioner Plummer: All right.
Commissioner Alonso: All right.
Mayor Suarez: Why is it so hard up here?
Commissioner Dawkins: That's what I'm trying to say.
Commissioner Plummer: S-4.
Mayor Suarez: Moved and seconded. Any discussion on that from the
Commission?
Mr. Odio: Now S-4.
Commissioner Alonso: Thank you. If not, call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-461
A RESOLUTION, WITH ATTACHMENT(S), ALLOCATING $335,122
OF NINETEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10062,
ADOPTED APRIL 15, 1993, TO PREVIOUSLY NAMED SOCIAL
SERVICE AGENCIES FOR APPROVED SOCIAL SERVICE PROJECTS;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
SAID AGENCIES FOR SAID PROJECTS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
335 July 8, 1993
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.
-------------------------- ----------------------------------------------------
78. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION TO EXECUTE AGREEMENTS
WITH NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS TO CONTINUE
IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS WITH FUNDS ALLOCATED FROM
19TH YEAR CDBG. (See label 80)
Mayor Suarez: Item S-4 now.
Commissioner Dawkins: OK. With Wynwood, with Greater Miami Neighborhood, and
what else we said?
Mr. Frank Castaneda: No. Greater Miami Neighborhood is not here.
Mr. Cesar Odio (City Manager): I don't have my list here.
Commissioner Plummer: You know, let me just say this. I'm going to vote for
what you got here, but you are watering this thing down to so little money for
each organization that they're going to become ineffective. They really are.
I got to tell you that, Frank.
Mr. Castaneda: Commissioner, this allocation is only for six months. It's
through December. We have a number of consultants...
Commissioner Plummer: Frank, what the hell can they do with $25,000 in
today's market? I mean, you know, I'm sorry to say that. To me, $25,000 is a
lot of money. But let me tell you, you're going to expect things out of these
people you can't expect them to produce. I would rather - truthfully, you got
one, two Haitian organizations, you're splitting the money, I don't know one
from the other. Choose one and give them 50, OK? You got one or two
organizations from Little Havana. Compile them and give them the 50. But to
give them $25,000, they're not - I just don't think you're going to get
anything accomplished. I really don't. Take it for what it's worth.
Commissioner Alonso: Can we just give a portion, and in September, take it
off?
Mr. Castaneda: Sure.
336 July 8, 1993
Commissioner Alonso: That's what we should do then.
Mr. Castaneda: So...
Commissioner Plummer: I think that's even worse, truthfully.
Commissioner Alonso: Why?
Commissioner Plummer: Well, because they're going to have to use the money
for administration, that that's one - to me, Madam Commissioner, one of the
biggest problems we have around there.
Commissioner Alonso: What did we do with the ones that...
Commissioner Plummer: We have too many organizations, and they're eating up
all of our dollars in administrative cost, and the delivery of services is
nil. I mean, it's - we got...
Commissioner Alonso: Do we want to take this item the next Commission
meeting?
Commissioner Plummer: Whatever you - you know, I'll go along, if you want to
give them 2/12ths and - because all you're doing is further watering it down
is all you're doing.
Mr. Castaneda: Commissioner, the only thing that I want to clarify, that this
allocation is a six-month allocation, so if you're going to do it, do it
4/12ths on the 25.
Commissioner Plummer: I hear you.
Mr. Castaneda: Or 1/6th on the 50.
Commissioner Plummer: You know, you - what do you want to do?
Commissioner Dawkins: OK, I'll - whatever they decide.
Commissioner Plummer: Four -twelfths?
Commissioner Alonso: Four -twelfths?
Commissioner Plummer: OK? That's fine.
Mr. Castaneda: Except for Wynwood.
Commissioner Plummer: Except for Wynwood.
Commissioner Alonso: OK, 4/12ths. And we also need - Frank?
Mr. Castaneda: Yes.
Commissioner Alonso: Something else?
337
July 6, 1993
Mr. Castaneda: No, we're fine with that.
Mr. Odio: By the way, I just want to put on the record so they don't think
that...
Commissioner Alonso: Are we fine?
Mr. Castaneda: Fine.
Commissioner Alonso: four -twelfths.
Mr. Castaneda: Four -twelfths.
Ms. Matty Hirai (City Clerk): I need a motion, Mr. Mayor.
Commissioner Plummer: One-third.
Commissioner Alonso: They have moved.
Mr. Odio: ... so I don't want you to think we are picking on Wynwood.
A. Quinn Jones, III, Esq. (City Attorney): Just say a third.
Commissioner Plummer: I don't know why they don't say a third. I don't know.
I mean, they got a problem with that.
Mr. Castaneda: You want something more?
Commissioner Plummer: What can I tell you?
Mr. Odio: It's clear when this motion was passed, when you were allocating
the funds?
Commissioner Alonso: This is until December, you said?
Mr. Castaneda: Sir.
Commissioner Alonso: December.
Mr. Castaneda: Yeah. This is only...
Commissioner Plummer: Is that the end of the sneaky pete?
338 July 8, 1993
79. DISCUSSION CONCERNING RALPH SANCHEZ' PRESENT INTENT TO RUN THE GRAND
PRIX RACE AT DOWNTOWN MIAMI SITE.
Mr. Cesar Odio (City Manager): Yes.
Commissioner Alonso: OK.
(INAUDIBLE COMMENT)
Commissioner Plummer: Yeah, I hear you. Mr. Manager, did you share this
letter with the rest of the Commission, or should I?
Commissioner Alonso: Yes.
Mr. Odio: Yes, I did.
Commissioner Plummer: Oh, OK. The Herald might want a copy if they are still
around.
Commissioner Alonso: They have to negotiate this with us, then?
Commissioner Plummer: No. No.
Commissioner Alonso: They just extend the contract?
Commissioner Plummer: No. That is their present contract.
Mr. Odio: They have a contract until 197, but they were planning to leave...
Commissioner Alonso: I'm very happy that they stayed.
Commissioner Plummer: Yeah. That's their present contract.
Commissioner Alonso: I'm very happy that they stayed.
Commissioner Plummer: Well, excuse me.
Commissioner Alonso: Yeah.
Commissioner Plummer: I'm also very happy, Madam Commissioner, but I want to
tell you something, to my colleagues on the City Commission.
Mr. Castaneda: One-third of 25.
Commissioner Plummer: It is going to necessitate some changes, because of the
different type of race that will be run. We are going to have, it looks like,
one of the finest races, and that is the Indianapolis cart race, but it's
going to have to be some improvements to the tracks. I want you to know that.
The promoter is willing to pick up a share, but there's going to have to - and
we've also applied to the State for a share.
339 July 8, 1993
Mr. Odio: But why can't...
Commissioner Dawkins: Well, hold it, hold it, hold it.
Commissioner Alonso: No, but why...
Commissioner Dawkins: Hold it, hold it, hold it.
Commissioner Alonso: Let's not take this item at this time.
Commissioner Dawkins: Hold it. You know, I - you don't have my vote.
Commissioner Plummer: OK.
Commissioner Dawkins: I'm not going to prepare a racetrack, and he's going to
leave the next year.
Commissioner Alonso: 197.
Commissioner Plummer: No, no...
Commissioner Dawkins: I mean, I just can't do that.
Commissioner Plummer: No, sir, he's not leaving next year. This letter that
you...
Commissioner Alonso: 197.
Commissioner Dawkins: He's leaving the next - following year, then.
Commissioner Plummer: No, sir. This letter is telling you that he is here
definitely until 197.
Commissioner Dawkins: 197?
Commissioner Plummer: Yes, sir.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Well then, that's next year.
Commissioner Plummer: It is?
Commissioner Dawkins: Yeah.
Commissioner Alonso: Almost.
Commissioner Plummer: Boy, for an old man, you ain't doing bad at all, are
you.
Commissioner Dawkins: OK. Go ahead.
340 July 8, 1993
------------------------------------- ---------- ------------------------------ -
80. (A) (Continued discussion) EXECUTE AGREEMENTS WITH 13 NEIGHBORHOOD
ECONOMIC DEVELOPMENT ORGANIZATIONS FOR PERIOD JULY 1 THROUGH OCTOBER 31,
1993 -- TO CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS --
ALLOCATE 4/12THS OF PREVIOUSLY APPROVED CDBG YEARLY ALLOCATION OF FUNDS
FROM 19TH YEAR CDBG -- COMMISSION DELETED WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION FROM ABOVE -CITED GROUP OF FUNDED ORGANIZATIONS.
(See label 78)
(8) DIRECT CITY MANAGER TO WORK WITH WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION BOARD OF DIRECTORS IN ORDER TO ENSURE THAT THE
CORPORATION WILL CONTINUE TO OPERATE IN THE COMMUNITY. (See label 81)
(C) ALLOCATE $10,000 TO TAKE CARE OF IMMEDIATE DEBTS OF WYNWOOD
COMMUNITY ECONOMIC DEVELOPMENT CORPORATION WHICH CITY MANAGER FEELS ARE
NECESSARY TO BE PAID.
------------------------------------------------------------------------------
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, you didn't have a vote
on S-4.
Mr. Cesar Odio (City Manager): I think we can negotiate to extend the years.
Commissioner Plummer: Oh, sure, you'll be more than happy now to extend the
years.
Ms. Matty Hirai: I only have a mover; need a second. A second.
Commissioner Alonso: Second, please second.
Mr. Bill Rios: May I speak to the...
Mayor Suarez: Moved and seconded. Mr. Rios.
Mr. Rios: Commissioners, if you don't fund Wynwood at this point, we don't
have any other resources, and we would have to let go of our staff. I already
have two...
Mr. Odio: Excuse me, Bill. Don't say "Wynwood." Say "Wynwood Economic
Development Corporation." And in the memo that we had here and that you seen,
you were told the last time you were funded that you had to comply with all
the resolutions of this Commission, and you did not. So don't say "Wynwood."
Say "Wynwood Economic Development Corporation."
Mr. Rios: Wynwood Community Economic Development Corporation will have to
close its doors. We have no more funding. We have to let go of our staff and
close our doors. We have complied as best as we can with the requests that
the Commission has made. The...
Mr. Odio: I'll be glad to take over your office and run it for you.
Mr. Rios: Commissioners, we have to let go of people. If you want to take
over the staff, that's fine. The corporation will...
341 July 8, 1993
Mr. Odio: Oh, no, no, we have plenty of staff.
Mr. Rios: The corporation will stand. There's nothing else that we can do,
but we can shut down. We have for the last two months been operating. We
have complied with the requests of Commissioner - Vice Mayor De Yurre, and
we've given you the things that you wanted relative to that request. We would
at least like our funding for the two months that we have been working and
complying with our scope of services. If for the new year you don't want to
fund us, we have no choice. We need to close our operations. We have so many
things pending. There are so many things in place. You're talking about the
Mosaics on Northwest 2nd Avenue. You're talking about investments in projects
that are going to stay pending. The operations have to cease, and those
projects are going to go down the tubes with it. And the compliance that you
want is relative to a project that we can't do anything about. And I have an
employee who has a daughter who is sick in the hospital. I've got to let her
go tomorrow. We don't have any money to pay these people.
Commissioner Dawkins: Mr. Rios...
Mr. Rios: That's a very unfortunate situation, because you want control of an
organization. That's not part of our grant.
Commissioner Dawkins: Mr. Rios, do you remember when this Commission
attempted to negotiate with you and meet a happy ground, when Commissioner
Alonso specifically asked you, "How can we work collectively together?" and
you arrogantly told her you don't need any money from the City of Miami, or
you don't get no money from the City of Miami, your salary does not come from
the City of Miami; you remember that, sir?
Mr. Rios: I don't recall saying that, sir.
Commissioner Dawkins: Well, you - oh.
Commissioner Alonso: He did. He did.
Mr. Rios: I mean, it's obvious that I do get money from the City of Miami.
I'm on the CDBG (Community Development Block Grant) Block Grant Program. I
don't know what you want to do. I can't control - my staff is not responsible
for what the board does, and for what you want, relative to another project.
It's on the table that you want control of that program, and you want control
of the zone. There's nothing that I can do with regard to that.
Commissioner Dawkins: You know, you're not - you shouldn't say - see, that's
why you and I have a problem. You take the truth and bend it to satisfy and
work to Bill Rios' advantage. Nobody up here is equating one program with the
other. Bill Rios is in trouble because Bill Rios did not, as thie Manager
says, do what was said here, and you did not file papers with the State of
Florida, which made this City of Miami lose $300,000. And we followed you
around for four weeks begging you, sir, to send this application to the City
of Miami. That's why we're saying you didn't do what you were supposed to do,
sir.
Mr. Rios: Commissioner, that's wholly unfair. You had also asked me to reply
to...
342 July 8, 1993
ZI
Commissioner Dawkins: OK. Explain to me where it's unfair.
Mr. Rios: It's unfair, because you also asked me at the same time to
prioritize the fact that I...
Commissioner Dawkins: No, no, no. I did not ask you to prioritize any...
Mr. Rios: You didn't let me say anything.
Commissioner Dawkins: Well, you've got to...
Mr. Rios: I haven't said anything yet.
Commissioner Dawkins: OK. Go ahead. I'll wait till you're finished. Go
ahead.
Mr. Rios: You asked me also to reply to the EDA (Economic Development
Administration) request for information.
Mr. Odio: Did you say EDA? You say EDA?
Mr. Rios: Yes, yes.
Mr. Odio: Why wouldn't you do it? You know - please, Bill, give me a break.
Mr. Rios: Who replied to the EDA? I gave you the information that you asked
for, and that's what we were working on at the same time that we should have
been working on something else. I'm only one person. I couldn't work on both
things at the same time. As soon as I finished one, I started the other. You
have the delivery of the product for the criminal justice in your hands now.
We've complied with that. We can only do one thing at a time. And all that
I'm asking is, if you cannot fund us for next year, I understand, but we have
to close our doors and fire the staff that we have now. That's an unfortunate
circumstance. What kind of a message are we sending to EDA when you close us
down, and you're asking for money?
Mr. Odio: Ohl
Mr. Rios: What kind of a message are you sending to Wynwood?
Mr. Odio: We can deal with the EDA.
Mr. Rios: What kind of a message are you sending to the public? I mean, for
Christ's sake...
Mr. Odio: No, no. To the public, that you do not know how to manage your
affairs, and that's why we need to take over.
Mr. Rios: Well, if taking over means, you know, you're going to take over
everything that we have, there's nothing I can do about that.
Mr. Odio: We were notified by HUD (Housing Urban Development) two years ago,
and we don't fund operations that are not - "not" - well managed. And you
343 July 8, 1993
i
have not, Bill, complied with everything the Commission has requested of you,
or HUD, or SNID (Safe Neighborhood Improvement District), or Tallahassee.
Mr. Rios: Well, if you could put that in writing, exactly what we did not
comply with. I mean, because I'm unaware of these details.
Mr. Odio: I'd be glad to. Tallahassee put it in writing. Tallahassee has 1t
in writing.
Mr. Rios: I've given you the package regarding Tallahassee. You have it in
your hands now.
Mr. Odio: One month and a half late, and we're going to have to refund those
monies back to Tallahassee.
Mr. Rios: You don't have to refund the money.
Mr. Frank Castaneda: And does that resolve the problem?
Commissioner Dawkins: Mr. Mayor, may I make a motion?
Mr. Rios: You don't have to refund the money, and you have that information
in place now.
Mr. Castaneda: We lost the money.
Commissioner Dawkins: Mr. Mayor, may I?
Mayor Suarez: All right, Commissioner Dawkins.
Mr. Castaneda: You want to tell how you lost the money?
Commissioner Dawkins: This Commission is committed to all of Miami. I would
like to make a motion that the Manager ask the board of directors of the
Wynwood Community Development Agency to meet with him, and they work out - the
Manager work out a solution to see that the Wynwood Economic Development
Corporation continues to operate, because I do not want anyone going out there
saying that this Commission shut down the Wynwood Economic Development
Corporation.
Mr. Odio: I'd be glad to do that tomorrow.
Commissioner Alonso: Yeah, yes.
Commissioner Plummer: Now, let me ask so that I'm not out of base. What is
the difference between what my colleague just asked and the Free Trade Zone?
Mr. Odio: Oooh! What do you mean?
Commissioner Plummer: Is it two separate and distinct items?
Mr. Odio: Yes, it is.
344 July 8, 1993
Commissioner Plummer: OK. So what you're closing down, in effect, or what
you are going to take over is...
Mr. Odio: If we have to. I'll meet with the board.
Commissioner Plummer: All right. What does that actually do? What does that
board do?
Mr. Odio: The board is actually the governing body.
Commissioner Plummer: Of?
Mr. Odio: Of the Wynwood Economic Development Corporation, and they also own
the license for the Wynwood Trade Zone.
Commissioner Plummer: Now, in any way, shape or form - here's my fear.
Relieve my fear. By doing such...
Mr. Odio: Give him two aspirin, please.
Commissioner Plummer: ... do we in any way jeopardize the funding of the
Trade Zone?
Mr. Odio: No.
Commissioner Plummer: In other words, if somebody in Washington...
Mr. Odio: No.
Commissioner Plummer: ...hears that that umbrella organization has shut
down...
Mr. Odio: They're not going to be shut down. They're not going to be shut
down. I will meet with the board tomorrow, and we will - the problem...
Commissioner Plummer: OK, OK. I'm just - I want to get it on the record, OK?
Mr. Odio: They will not affect - and Commissioner Dawkins can agree that it
will not affect the EDA loan application.
Commissioner Plummer: All right, sir. That's all I'm concerned about.
Mr. Rios: If - I don't necessarily agree. I'd like to have that on the
record.
Mr. Odio: Well, we have never agreed, so why we'll agree now? I mean...
Commissioner Plummer: Well, let me tell you where I've got a disagreement,
Mr. Manager, and I think everybody up here at this Commission has got to have
the same concern. There have been so many mixed signals sent out about
Wynwood Free Trade Zone by this Commission, by their board, by that group out
here that's sending the skid missiles in from the west end of town...
Mr. Odio: Commissioner...
345 July 8, 1993
Commissioner Plummer: ... from others that are trying to do a number and damn
near took me down and the DDA (Downtown Development Authority) with them.
Mr. Odio: That's right.
Commissioner Plummer: OK? So there's all kinds of mixed signals.
Mr.•Odio: I can...
Commissioner Plummer: I just want to be assured that this isn't another one
of those mixed signals that's going to get to Washington and they're going to
say, "Hey, you know, these guys haven't got their act together."
Mr. Rios: That is correct.
Mr. Odio: I can assure you, one more time, that the EDA loan application is
under control.
Commissioner Plummer: All right, sir.
Mr. Odio: And in fact, I'll make a call tomorrow to tell them that we are
making sure that the Wynwood Economic Development Corporation is fully
operational but well managed.
Commissioner Plummer: Well, they might want to hear that, OK?
Mr. Odio: I will tell them.
Commissioner Plummer: But I don't know that, and that's why I'm asking for
that clarification.
Mr. Odio: You might want to instruct Commissioner Dawkins to do it.
Commissioner Plummer: That's - whatever you think is appropriate, sir, to
protect the City.
Mayor Suarez: OK, how is that? How is that phrase then? What's that
proposal?
Commissioner Plummer: I expressed a concern that there were mixed signals
going to Washington about it.
Mayor Suarez: That's exactly right. That's exactly right. We can deep six
something that we've worked very hard to accomplish.
Mr. Odio: It's under control.
Commissioner Plummer: OK? So he's giving me every assurance that there will
be no mixed signals up there, and that he will call Washington tomorrow.
Commissioner Dawkins: I delivered a letter yesterday, Mr. Mayor, and I was
going to tell you after the meeting, to the Assistant Secretary of Commerce
which says that the Wynwood Economic Development Corporation and the City of
346 July 8, 1993
Miami would work collectively to implement the Wynwood Free Trade Zone. I
have assurances, Mr. Mayor, that with that wording - it had to go back to
Washington - I mean Atlanta - then it's going to Washington, and then they
will send us back whether they agree to that or not. It looks favorable, sir.
Mr. Rios: I would just like to add that perhaps you might want to allow the
Manager to also include the housing funding as well to be negotiated with
Wynwood, as well as the past two months that we have performed and we have not
been paid by the City. I'd like to have that opportunity, as well.
Mr. Odio: I would think that if we are going to assume - and I'm just
talking - the operations of the Wynwood Economic Development Corporation, we
have to assume the past debts. We just cannot leave the people hanging. We
must pay whoever, - I'm just - well, not you - whoever Wynwood Economic
Development Corporation owes, they must be paid, Mr. Rios, including your
salary up to now, if they owe you.
Mr. Rios: OK.
Commissioner Plummer: Mr. Manager, do you need any other action by this board
as far as...
Commissioner Dawkins: Wait. We got the rest of these...
Ms. Matty Hirai (City Clerk): Yes, we have a...
Commissioner Plummer: No, I'm...
Mr. Hirai: Excuse me.
Commissioner Plummer: ... Miller, I'm saying as far as any debts to be paid
or anything.
Mr. Odio: Over there?
Commissioner Plummer: Yeah.
Mr. Odio: I would like...
Commissioner Plummer: Is there anything pressing that you need to have this
board approve tonight to give you the latitude to go in?
Mr. Odio: I'm going to meet with the board tomorrow, and I'm going to tell
them that they will have the staff support and we have to pay their staff, if
we so choose - if we choose. We need to interview all those people there.
Commissioner Plummer: Give me a maximum amount that you would need this board
to ratify.
Commissioner Dawkins: That's your decision. Managing is your decision.
Mr. Odio: What would you think, Frank?
Mr. Castaneda: Give me 1/6th for us to use.
347 July 8, 1993
Commissioner Alonso: I think that the staff has to be paid.
Commissioner Plummer: How much is that?
Mr. Castaneda: Give me $8,000, maximum.
Commissioner Plummer: I will make a motion to approve...
Commissioner Alonso: Let me say something for the record. If the staff has
not been paid...
Mr. Odio: We have to pay them.
Commissioner Alonso: ...I think we have an obligation, and we have to pay
them. Let's make that clear.
Commissioner Plummer: Well, that's what I'm getting ready to do.
Mr. Odio: We have to pay them. That's what I was saying.
Mr. Castaneda: And we will.
Mr. Odio% No, I have to pay them.
Commissioner Alonso: We could not say we are not going to pay staff, please.
Commissioner Plummer: Miriam, I will make a motion at this time that this
Commission approve up to $10,000 to be appropriated by the Manager to take
care of what immediate debts he feels are necessary to be paid before our next
Commission meeting. I so move.
Mr. Odio: And I will bring it back to you.
A. Quinn Jones, III, Esq. (City Attorney): You got two separate motions. You
haven't voted on the first motion yet.
Ms. Hirai: That is correct.
Mr. Jones: Which was to send - to direct the Manager to resolve this whole
issue. You need to vote on that and take action on that first.
Ms. Hirai: We have two motions on the floor.
Commissioner Dawkins: Let's take the first one first.
Vice Mayor De Yurre: But before we vote on...
Ms. Hirai: For the 4/12ths funding was the first.
Vice Mayor De Yurre: Before we vote on anything, let's clear the record here
that though we may have a moral obligation of saying that people have not
been paid, that we are willing to work with them, that we have no legal
obligation or any commitment to any of these employees.
348 July 8, 1993
a.J:k
Mr. Odio: No. What I would like to do - in my way, I would do it - up to
today, we will pay them and we will review and we'll decide who stays and who
doesn't.
Vice Mayor De Yurre: OK. But we have no legal obligation.
Mr. Odio: No legal obligation...
Vice Mayor De Yurre: ... to any of these individuals, to this corporation, or
anything at all.
Mr. Odio: None.
Vice Mayor De Yurre: OK.
Commissioner Plummer: Well, I have one other concern that I'll ask of the
Legal Department. I mean - do we need a vote here?
Commissioner Dawkins: Yes.
Ms. Hirai: Yes, sir.
Commissioner Dawkins: Call the roll.
Commissioner Alonso: Yes. Several, I think.
Commissioner Dawkins: Read the motion.
Commissioner Alonso: What is the first motion?
Ms. Hirai: The first one was no the 4/12ths, but then we had the other one
directing the Manager to negotiate with them tomorrow, to go there and agree
on the...
Commissioner Plummer: Can't beat the ride.
Commissioner Dawkins: Call the roll.
Ms. Hirai: On the first motion, Mr. Mayor?
Commissioner Alonso: Yes.
Commissioner Plummer: Yes.
Ms. Hirai: All right. On the first motion for the 4/12ths.
349 July 8, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-462
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THIRTEEN (13)
NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS, FOR
THE PERIOD OF JULY 1 THROUGH AUGUST 31, 1993, FOR THE
AMOUNT SPECIFIED HEREIN, TO CONTINUE IMPLEMENTING
ECONOMIC DEVELOPMENT PROGRAMS, WITH FUNDS THEREFOR
BEING ALLOCATED FROM THE NINETEENTH (19TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT.
(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.
Mayor Suarez: Next motion.
Ms. Hirai: On the next motion, for the Manager to go work with the board of
directors.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 93-463
A MOTION DIRECTING THE CITY MANAGER TO WORK WITH THE
BOARD OF DIRECTORS OF THE WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION IN ORDER TO RESOLVE CURRENT
PROBLEMS WITH SAID AGENCY AND TO ENSURE THAT SAID
ORGANIZATION WOULD CONTINUE TO OPERATE IN THE
COMMUNITY.
350 July 8, 1993
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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Ms. Hirai: Commissioner Plummer?
Commissioner Plummer: I'm sorry, repeat it.
Ms. Hirai: For the Manager to go work with the board of directors...
Commissioner Alonso: Oh, yeah.
Commissioner Plummer: Yes.
Mr. Odio: I will work through the board.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Now, wait a minute. The approval of the $10,000.
Ms. Hirai: Yes. That is the next one. You move, Commissioner Plummer?
Commissioner Plummer: I moved it.
Ms. Hirai: Seconded by Commissioner Alonso.
Commissioner Plummer: That that was a staff and any other obligation so
deemed appropriate by the Manager.
Commissioner Dawkins: You got telephone, lights, and all that has to be paid.
Commissioner Plummer: Yeah.
351 July 8, 1993
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-464
A MOTION DIRECTING THE ADMINISTRATION TO ALLOCATE AN
AMOUNT NOT TO EXCEED $10,000 TO COVER IMMEDIATE DEBTS
OWED BY THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION WHICH THE MANAGER FEELS OUGHT TO BE
COVERED AT THIS TIME; FURTHER STIPULATING SAID ACTION
SHOULD NOT BE CONSTRUED TO IMPLY THE CITY RECOGNIZES A
LEGAL OBLIGATION TOWARD SAID GROUP.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Mister J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
---------------------------------------------------- --------------------------
81. DISCUSSION CONCERNING MEMBERSHIPS IF THE WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION, INC. BOARD, COMMISSION APPOINTMENTS, AND
LEGITIMACY OF ITS CHAIRPERSON. (See label 80)
Commissioner Plummer: Now, my next concern is the person who was chosen, Mr.
City Attorney, by what I consider to be a nonexistent board as construed,
whether or not that person chosen by the existing board in which vacancies
were filled without this Commission's approval, whether, in fact, that person
is legitimately sitting in the chair as chairman, since the Administration has
said to us that they have not seen the names, nor have they, in fact, brought
it before this Commission for approval. Likewise, I would like to ask if, in
fact, that, I guess, board - it was three people, or four - had the right to
veto my nominee to the board.
Mr. Cesar Odio (City Manager): And Commissioner De Yurre's.
Commissioner Plummer: They - who was yours?
Mr. Odio: They vetoed on his, too. Luis...
Mr. Frank Castaneda: De La Rosa.
Mr. Odio: De La Rosa.
352 July 8, 1993
Mayor Suarez: Were they vetoed, or were they unable to serve for some other
reasons? Were they unwilling to serve or...
Mr. Odio: No.
Mr. Castaneda: No.
Mr. Odio: No, no, no. They were vetoed.
Mr. Bill Rios: Emilio - Emilio...
Mr. Odio: Emilio, because they claim that one of his employees was in the
board.
Mr. Rios: No. One of his - his assistant is on the board.
Mr. Odio: Or whatever. Isn't that an employee?
Mr. Rios: Gamaliel Rivera is Emilio Lopez' administrative assistant, and Luis
De La Rosa was a prior employee who was released for malfeasance.
Commissioner Dawkins: Let me ask you a question again, sir. Mr. - who is an
employee with whom?
Mr. Frank Castaneda: Boringuen Health Center.
Commissioner Dawkins: Who's an employee of whom?
Mr. Rios: Emilio Lopez' administrative person is on the board. His name is
Gamaliel Rivera.
Mr. Castaneda: Gamaliel works for Emilio Lopez.
Commissioner Dawkins: All right. Now, has Gamaliel been working for Mr.
Lopez all the time that he has been there?
Mr. Rios: Yes, sir.
Mr. Dawkins: And if Mr. Lopez had some differences with him, he did not
discharge him. So how would you arrive at the decision that if Mr. Lopez was
on the board with him, he would disagree with him and fire him?
Mr. Rios: I don't - I can't address the issue as stated. The board of
directors voted not to accept Commissioner Plummer's, and asked for a second
person because Mr. ...
Commissioner Dawkins: But the reason you gave was because...
Mr. Rios: I'm going to get to that.
Commissioner Dawkins: OK.
Commissioner Plummer: I don't know him.
353 July 8, 1993
Mr. Rios: Mr. Rivera would be in a conflict of interest every time that he
made a decision that would be adverse to his employer. He would not want to
do that. You would not want to make your employer angry.
Mr. Odio: Well, then, Gamaliel can resign...
Mr. Rios: Well, that's right.
Mr. Odio: ... from the board. We accept his resignation.
Mr. Rios: Well, that's up to Mr. Rivera. I can't force him to resign.
Mr. Odio: Right. Well, then you cannot force Emilio Lopez not to be on the
board, either, especially if the Commission wants him there.
Mr. Rios: No, but the board voted not to have Mr. Lopez on the board.
Mr. Odio: Well, then, Gamaliel can resign. We'll take care of that tomorrow.
Mr. Rios: That's fine.
Commissioner Plummer: May I ask a question, just for clarification?
Mr. Rios: It's just an appearance of impropriety to have two people from the
same organization there.
Mr. Odio: That's what I mean. I think the Commission has priority over who
sits on that board.
Mr. Rios: Well, the board didn't...
Commissioner Plummer: Can I ask a question for clarification? Is it true
that the woman or the lady from Kidco is the woman who was chosen as chairman
of the board?
Mr. Castaneda: Yes. That's N11sa Velazquez.
Commissioner Plummer: I don't know the name.
Mr. Odio: Nilsa Velazquez.
Commissioner Plummer: Why was she chosen?
Mr. Odio: No, there were three members there and they decided to...
Commissioner Plummer: She was there - was she not there before?
Mr. Rios: Yes. She was there as a board member before. She was previously a
secretary of the corporation, and this year, she became the chairman of the
board.
Commissioner Plummer: And what qualifications does she have to be in that
position? I mean, if she was a secretary, did she have a degree in
administration or...
354 July 8, 1993
Mr. Rios: She certainly does. She's a private entrepreneur. She runs Kidco,
Inc. effectively for the last 17, 18 years. She's an extremely intelligent
person. She has a Master's degree. She is a professional in the child care
industry.
Commissioner Plummer: OK, I just asked what was her qualifications.
Mr. Rios: Oh, well, OK. She's an extremely talented person.
Commissioner Alonso: She's qualified, yes, she really is.
Mayor Suarez: I see a lot of improvements from the last time that we dealt
with this.
Commissioner Dawkins: Anytime they cut your wrists, you get all the kind of
cooperation you need.
Mayor Suarez: Yes, and, maybe we ought to keep the pressure. but I don't
think we ought to choke the patient. And, that's the way I feel about it.
OK, any further motions that need to be made on this?
----------- ---------- ------- -----------------------------------------------
82. AUTHORIZE PURCHASE OF 5 STREET SWEEPERS (UNDER EXISTING CITY OF MIAMI
BEACH BID NO. 57-92/93) FROM RAY PACE'S WASTE EQUIPMENT, INC. -- FOR
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE (CIP
353010). [KW: cabs, chassis, heavy equipment]
------------------------------------------------------------------------------
Commissioner Plummer: Yes, sir, I have a motion. I move we adjourn.
Vice Mayor De Yurre: Hey, hey, hey.
Commissioner Dawkins: Hey, wait no, no.
Mayor Suarez: Anything thing further this Commission has to do on any other
item?
Mr. Odio: Hold it, you missed, only...
Mayor Suarez: Anything thing further this Commission has to do on any other
item? Or, I will go ahead and adjourn.
Mr. Odio: ... Miami Capital.
Mayor Suarez: Yes.
Commissioner Plummer:
Commissioner Dawkins:
I've got my pocket item.
You better get...
355 July 8,1993
Mr. Odio: I have Miami Capital and a pocket item on some sweepers that we
need.
Commissioner Dawkins: I've got a pocket item. OK.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: "A resolution authorizing the purchase of five street
sweepers, under an existing City of Miami Beach bid, number 57-92/93, from Ray
Pace's Waste Equipment Inc., at a total proposed amount of $374,500.00 for the
department of General Service Administration and Solid Waste; funds allocated
from account, etc., etc. Authorizing the manager to instruct the Chief
Procurement Officer to issue a purchase order for this equipments." I so
move.
Mayor Suarez: So moved.
Vice Mayor De Yurre: Second.
Mayor Suarez: Any discussion? If not...
Commissioner Dawkins: Under discussion, Mr. Mayor.
Commissioner Dawkins: Yes, Commissioner.
Commissioner Dawkins: Mr. Williams.
Mr. Ron Williams (Assistant City Manager): Yes, sir.
Commissioner Dawkins: Did we have one of these sweepers down, to drive it
across our streets to ensure that it will operate effectively, sweeping our
streets?
Mr. Williams: Yes, sir, Commissioner Dawkins. We learned from the last
time...
Commissioner Dawkins: OK, thank you, no further question.
Mayor Suarez: Call the roil.
356 July 8,1993
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-465
A RESOLUTION AUTHORIZING THE PURCHASE OF FIVE (5)
STREET SWEEPERS UNDER AN EXISTING CITY OF MIAMI BEACH
BID NO. 57-92/93 FROM RAY PACE'S WASTE EQUIPMENT, INC.
AT A TOTAL PROPOSED AMOUNT OF $374,500.00 FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE; FUNDS WERE PREVIOUSLY ALLOCATED TO
PURCHASE CABS & CHASSIS AND OTHER HEAVY EQUIPMENT,
FUNDS FOR THIS PURCHASE ARE THEREFOR AVAILABLE FROM
ACCOUNT CODE NO. 329402-040 PROJECT NO. 353010;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, 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.
------------------------------------------------------------------------------
83. AMEND RESOLUTION 93-13, WHICH GRANTED TEMPORARY CONSTRUCTION EASEMENT ON
WATSON ISLAND TO FLORIDA DEPARTMENT OF TRANSPORTATION FOR ITS USE AS A
STAGING AREA FOR BRIDGE GIRDERS, CONCRETE BRIDGE SEGMENTS AND OTHER
RELATED WORK FOR CONSTRUCTION OF THE MACARTHUR CAUSEWAY HIGH LEVEL
BRIDGE AND APPROACHES -- THEREBY AMENDING SAID GRANT OF TEMPORARY
CONSTRUCTION EASEMENT TO PROVIDE FOR RELOCATION OF SAID EASEMENT TO A
DIFFERENT PARCEL ON WATSON ISLAND, WITH PROVISOS.
------------------------------------------------------------------------------
Vice Mayor De Yurre: OK, my... This is an administrative emergency item. "A
resolution with attachments, amending resolution number 93-13, adopted January
14, 1993, which approved a grant of a temporary construction easement on
Watson Island to the Florida Department of Transportation for its use as a
staging area for their bridge girders, concrete bridge segments and other
related work for the construction of the MacArthur Causeway high level bridge
and approaches; thereby amending said grant of temporary construction easement
to provide for the relocation of said easement to a different parcel on Watson
357 July 8,1993
Island for said staging area; adding a new paragraph to require that the
Florida Department of Transportation to restore the area to its original
condition, and to repair areas damaged by its use; further authorizing the
City Manager to execute said grant of temporary construction easement, as
amended by this resolution, in a form acceptable to the City Attorney, on
behalf of the City of Miami." I so move.
Commissioner Alonso: I don't like this as pocket item. Why is this a pocket
item?
Commissioner Plummer: I think it is getting ready to start.
Commissioner Alonso: Well, why?
Commissioner Plummer: I'll second it for discussion. Let me tell you
something, those people are not doing right by this City. That is an
absolutely a tremendous eye -sore when you drive by there.
Vice Mayor De Yurre: Well, we approved this already. They are just changing
the location.
Commissioner Plummer: Well, we can rescind it also. Can't we?
Commissioner Alonso: How come we have to...
Vice Mayor De Yurre: All right, whatever.
Mr. Wally Lee (Assistant City Manager): Commissioner, nothing has been done
there, yet. That land has not been touched.
Commissioner Alonso: Then how come we have an encroachment and we didn't
know?
Commissioner Plummer: Wally, if you go over in this area here where they had
all that construction material, it looks like a pig pen. OK.
Mr. Lee: That's not. This is the DOT (Department of Transportation).
Commissioner Plummer: Sir, all I am saying to you is, that whoever it was,
hasn't cleaned it up. And, I am trying to say in so many words, I don't want
it to happen again.
Commissioner Dawkins: Did we do all the supplementary items, Mr. Mayor?
Commissioner Alonso: Yes.
Commissioner Plummer: Yeah.
Mayor Suarez: I think we have on Miami Capital left.
Commissioner Dawkins: That's right. That's two.
Mr. Jim Kay: The contractor will clean it up when he is finished, and restore
it..
358 July 8,1993
Commissioner Plummer: Yeah, but how long is this thing to be taking place?
Mr. Kay: About two years.
Commissioner Plummer: Well, hey, you want this thing, you think it's
necessary? What do we get out of it? We don't get anything out of it? Why
should we approve it?
Ms. Christina Cuervo: It was already approved. This was approved on January.
What happened was that we gave them the wrong site.
Commissioner Plummer: Wait, wait, we can disapprove it.
Ms. Cuervo: Excuse me?
Commissioner Plummer: We can disapprove it.
Mayor Suarez: Why do you want to disapprove it? What are you talking about?
Ms. Cuervo: All we are doing is amending the site because the site that was
originally approved was incorrect.
Commissioner Plummer: Because you realize what is going to happen to Watson
Island with this twenty four months of construction?
Ms. Cuervo: This is for the MacArthur Causeway Bridge. This is for the
reconstruction of the bridge.
Commissioner Alonso: They say that we have an encroachment.
Ms. Cuervo: What was given to them was an easement over the municipal
helipad.
Commissioner Plummer: No, they want to use us for a storing area.
Commissioner Alonso: yeah, but...
Commissioner Plummer: Wel1, I think that they should use the Miami Herald's
parking lot for a storage area.
Ms. Cuervo: The original easement that was given to them was over the
municipal helipad that exists there. And, all that we are doing 1s amending
that easement so that it is in a place that is doesn't conflict with the
existing helipad.
Commissioner Plummer: We don't get a thing out of it. I don't know why we
are trying to be so accommodating.
Ms. Cuervo: Well, we are just trying not to conflict with the existing
helipad that's there. That's all we are trying to do.
Commissioner Plummer: All right, call the roll.
359 July 8,1993
Mayor Suarez: All right, we have a motion and a second, Madam City Clerk?
Ms. Matty Hirai (City Clerk): Yes, sir.
Commissioner Plummer: I don't like it, but, call the roll.
Commissioner Alonso: I don't like it too much. But, I guess we don't have a
choice.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-466
A RESOLUTION AMENDING RESOLUTION NO. 93-13, ADOPTED
JANUARY 14, 1993, WHICH APPROVED THE GRANT OF A
TEMPORARY CONSTRUCTION EASEMENT ON WATSON ISLAND TO
THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ITS USE
AS A STAGING AREA FOR THE BRIDGE GIRDERS, CONCRETE
BRIDGE SEGMENTS AND OTHER RELATED WORK FOR THE
CONSTRUCTION OF THE MACARTHUR CAUSEWAY HIGH LEVEL
BRIDGE AND APPROACHED, THEREBY AMENDING SAID GRANT OF
TEMPORARY CONSTRUCTION EASEMENT TO PROVIDE FOR THE
RELOCATION OF SAID EASEMENT TO A DIFFERENT PARCEL ON
WATSON ISLAND; ADDING A NEW PARAGRAPH TO REQUIRE THAT
THE FLORIDA DEPARTMENT OF TRANSPORTATION RESTORE THE
AREA TO ITS ORIGINAL CONDITION AND TO REPAIR AREAS
DAMAGED BY ITS USE; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID GRANT OF TEMPORARY
CONSTRUCTION EASEMENT, AS AMENDED BY THIS RESOLUTION,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ON BEHALF
OF THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
360 July 8,1993
84. (Continued discussion) APPOINT INDIVIDUAL TO MIAMI WATERFRONT ADVISORY
BOARD. (Appointed was: Willy Bermello.) (See label 45)
Vice Mayor De Yurre: Mr. Mayor, going back to my appointment of the
Waterfront Board, I am going appoint, I move to appoint Willy Bermello.
Commissioner Plummer: Second.
Mayor Suarez: So moved. Second. Any discussion? If not please call the
roll.
Commissioner Dawkins: He's my opponent in the race.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-467
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A
MEMBER OF THE MIAMI WATERFRONT ADVISORY BOARD OF THE
CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
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.
361 July 8,1993
-----------------------------------------------------------------___-.._-------
85. RENAME THE ALLAPATTAH COMMUNITY CENTER BUILDING AFTER ORLANDO URRA.
Vice Mayor De Yurre: And, hold it, hold it. For my only pocket.
Commissioner Dawkins: I move S-2.
Commissioner Plummer: Wait a minute, what is that? What is S-2?
Vice Mayor De Yurre: But, we are not there yet, hold on.
Commissioner Dawkins: Miami Capital.
Vice Mayor De Yurre: My fellow Commissioners, I would like to...
Commissioner Plummer: I need S-2. Does anybody got a copy of S-2?
Vice Mayor De Yurre: J.L.
Commissioner Plummer: What?
Vice Mayor De Yurre: Listen up a second.
Commissioner Plummer: Speak up.
Vice Mayor De Yurre: I would like to name the Altapattah Community Center
Building after Orlando Urra.
Commissioner Plummer: Second.
Commissioner Dawkins: Second the motion.
Mayor Suarez: Moved and second. Any discussion?
Commissioner Alonso: What, what it was?
Mayor Suarez: The Allapattah Community Center after Orlando Urra.
Commissioner Dawkins: We are naming Orlando Urra Center.
Commissioner Alonso: Oh.
362 July 8,1993
The following motion was introduced by Vice Mayor De Yurre, who moved
its adoption:
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-468
A RESOLUTION RENAMING THE ALLAPATTAH COMMUNITY CENTER
AS THE "ORLANDO URRA ALLAPATTAH COMMUNITY CENTER".
(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.
86. DISCUSS AND DEFER PROPOSED RESOLUTION TO ENTER INTO CONTRACT WITH MIAMI
CAPITAL DEVELOPMENT, INC. 1250,000
MCDI) WHICH PROVIDES $500,000 TO EXISTING
REVOLVING LOAN FUND AND FOR ADMINISTRATIVE OPERATIONS --
(7/1/93-6/30/94).
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Manager, you want S-2, which is Miami Capital?
Mr. Cesar Odio (City Manager): Yes, Miami Capital Fund.
Commissioner Alonso: I have some questions.
Commissioner Plummer: But, wait. What does this do? I have...
Commissioner Alonso: Do you really need it today?
Commissioner Dawkins: All right, bring it to the special meeting, no problem.
Mr. Odio: OK, then bring it July 22.
Commissioner Plummer: What is this...
Commissioner Alonso: What is this to...
Mr. Frank Castaneda: How about one sixth fundings. And, take them to
September?
363 July 8,1993
Mr. Odio: For them, too. That's Miami Capital Fund.
Commissioner Plummer: No, no, no. I am not going to give you anything, OK.
I am a little unhappy with Miami Capital, for reasons that you are obviously
aware.
Commissioner Dawkins: No, I am not. Tell me what they are.
Commissioner Plummer: OK, I want to find out what the hell is going on down
there. There is a little bit of internal struggling going on.
Commissioner Dawkins: There is no internal. It's just that Mr. Del Cerro
wants to run it, and he is not in charge. That's what it is.
Commissioner Plummer: OK, all I want to know Is what Is going on. That's
all.
Commissioner Alonso: At this hour.
Commissioner Dawkins: OK, I will be able to explain it to you in the next
meeting.
Commissioner Plummer: I would appreciate that, sir. Mr. City Attorney,...
Commissioner Alonso: Do they need any funding at the present time to be able
to make it to the next Commission meeting?
Commissioner Plummer: They've got four million dollars down there.
Mr. Castaneda: Till July 20? They can make it.
Commissioner Alonso: Just to next... Are you OK?
Commissioner Plummer: Yeah.
Commissioner Alonso: Fine.
[AT THIS POINT, ITEM S-2 (funding for Miami Capital Development) WAS
DEFERRED.]
364 July 8,1993
87. DISCUSSION CONCERNING PRESENT SITUATION INVOLVING OPENING AND CLOSING OF
CITY BRIDGES -- DISCUSS POSSIBLE INSTITUTION OF REGULATORY POLICY.
Commissioner Plummer: Mr. Manager, may I ask in behalf of this Commission,
when I went of Fort Lauderdale the other day...
Mr. Cesar Odio (City Manager): Where is that?
Commissioner Plummer: Fort Liquordale.
Mr. Odio: OK.
Commissioner Plummer: They have a thing... Mr. Mayor, listen to this.
Because I think that you all have been suffering from it as I have. They have
a policy with the bridges, that they only open on the hour and on the thirty
minutes. All right, now...
Mr. Odio: The County.
Commissioner Plummer: Well, I assume that the County operates them in Broward
County. How many times we go down here that damn bridge opens up, that bridge
closes, that bridge opens up, that bridge closes, every damn time you turn
around.
Mr. Odio: Use the expressway.
Commissioner Plummer: What I am saying is, do we have any right, Mr. City
Attorney, to, within our City limits, to say that those bridges will only open
as they do in Fort Lauderdale?
Mayor Suarez: I'm going... I'm going to give you my entire file on that,
Commissioner.
A. Quinn Jones III, Esq. (City Attorney): I'll look into it.
Commissioner Plummer: That's fine, research and bring it back.
Mayor Suarez: Yeah, I want to give you my entire file on that. Because, we
really need to bring that back to the metropolitan planning organization.
And, get help from the County to battle the Coast Guard and the Army Corp of
Engineers on that issue. I'm glad...
Commissioner Plummer: And, Mr. Mayor, it's going to be, it's going to be more
important when the Brickell Bridge closes.
Mayor Suarez: Yes, absolutely.
Commissioner Plummer: Hey, well, excuse me. The Brickell bridge is going to
be closing. Southwest first street bridge is closed. The minute that thing
is opened the Flagler Street bridge is going to start.
365 July 8,1993
Mayor Suarez: Another one of the many things that prior Chairman of the
County Commission Committee of Transportation...
Commissioner Plummer: OK, I am just saying...
Mayor Suarez: ...ignored my pleas. Because I had many, many...
Commissioner Plummer: ...this town is going to be absolutely gridlock.
Mayor Suarez: We are otherwise adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 8:33 P.M.
ATTEST:
Natty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Ni
Xavier L. Suarez
N A Y 0 R
1 NCONI'�►N:1TE1)
18 96
366 July 8,1993