HomeMy WebLinkAboutCC 1993-09-07 MinutesOF MIAMI
r
18§ 96
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY MALL
ITEM
NO.
1.
2.
3.
3.1
3.2
3.3
3.4
3.5
3.6
SUBJECT
INDEX
MINUTES OF REGULAR MEETING
SEPTEMBER 7. 1993
LEGISLATION PAGE
NO.
PRESENTATIONS, PROCLAMATIONS AND
DISCUSSION
1
SPECIAL ITEMS.
9/7/93
(A) Presentation to the Mayor: ALM
Antillean Airlines' 50th anniversary.
GRANT REQUEST BY TROPIC / MIAMI HERALD
R 93-505
2-4
TO HOLD ITS 1994 TROPIC HUNT IN COCONUT
9/7/93
GROVE -- WAIVE REQUIRIIMNT THAT NO MORE
THAN TWO EVENTS BE PERMITTED IN ONE
MONTH (APRIL 1994) .
CONSENT AGENDA.
DISCUSSION
4-5
9/7/93
ACCEPT BID: BUBBLES DIVE CENTER -- FOR
R 93-506
5
FURNISHING SCUBA GEAR EQUIPMENT TO FIRE
9/7/93
RESCUE, AND INSPECTION SERVICES
DEPARTMENT.
PUBLIC SAFETY DEVICES, INC. -- FOR
R 93-507
5
FURNISHING RIOT CONTROL EQUIPMENT (300
9/7/93
GAS MASKS) TO POLICE DEPARTMENT.
PUBLIC SAFETY DEVICES, INC. -- FOR
R 93-508
6
FURNISHING 170 BUCKET SEAT PROTECTORS
9/7/93
TO BE INSTALLED IN POLICE PATROL CARS.
ACCEPT BID: INFORMATION MANAGEMENT OF
R 93-509
6
FLORIDA -- FOR FURNISHING MICROFILM
9/7/93
READER AND ACCESSORIES TO POLICE
DEPARTM0T.
ACCEPT BID: SOLO PRINTING, INC. -- FOR
R 93-510
6-7
PRINTING AND BINDING OF POLICE
9/7/93
DEPARTMENT'S ANNUAL REPORT. (See label
6)
ACCEPT BID: SCALEMEN OF FLORIDA,
R 93-511
7
INC. -- FOR FURNISHING AND INSTALLATION
9/7/93
OF TRUCK SCALE TO DEPARTMENT OF GSA AND
SOLID WASTE.
3.7
ACCEPT BID: AVATAR SYSTEMS -- FOR
R 93-512
7
FURNISHING COLOR GRAPHICS PLOTTER TO
9/7/93
DEPARTMENT OF PLANNING, BUILDING AND
ZONING.
3.8
ACCEPT BID: COMPUTER RESOLUTIONS,
R 93-513
8
INC. -- FOR FURNISHING ONE XE-530
9/7/93
SHARED RESOURCE PROCESSOR WITH
ASSOCIATED SOFTWARE AND PERIPHERAL
EQUIPMENT AND ONE YEAR MAINTENANCE
AGREEMENT TO DEPARTMWr OF PLANNING,
BUILDING AND ZONING -- FOR ENHANCEMENT
OF PERMITTING, VIOLATION NOTICE AND
CODE ENFORC124ENT CAPABILITY.
3.9
APPROVE SELECTION BY COMPETITIVE
R 93-514
8-9
SELECTION COMMITTEE OF MOST QUALIFIED
9/7/93
FIRMS TO PROVIDE LAND SURVEY SERVICES
FOR THE CITY. (Selected, in rank
order, were: (1) Biscayne Engineering
Company, Inc.; (2) Manuel G. Vera &
Associates, Inc.; (3) Metric
Engineering, Inc.; (4) Campanile &
Associates, Inc.; (5) Fernando Z.
Gatell, P.L.S., Inc.; and (6) Crowder -
Mahoney, Inc.)
3.10
AUTHORIZE AGREEMENT WITH HOUSING
R 93-515
9
OPPORTUNITIES PROiJECT FOR EXCELLENCE,
9/7/93
INC. (HOPE) TO PROVIDE ADMINISTRATIVE
GRANT FOR IMPL111ENTATION OF FAIR
HOUSING ENFORCEMENT AND EDUCATION
OUTREACH ACTIVITIES WITHIN CITY'S
HOUSING PROGRAM -- ALLOCATE FUNDS FROM
CDBG PROGRAM ($50,000).
3.11
RATIFY CITY MANAGER'S ACTION IN
R 93-516
9
AWARDING PROFESSIONAL SERVICE AGREEMENT
9/7/93
TO GLADYS KIDD & ASSOCIATES, TO PROVIDE
EDUCATION AND PUBLIC MATERIALS AND
SERVICE REGARDING RECYCLING AND
COMPOSTING ACTIVITIES, CITYWIDE, FOR
DEPARTMENT OF GSA AND SOLID WASTE.
3.12
AMEND EXISTING CONTRACT WITH MIAMI-DADE
R 93-517
10
CU14UNITY COLLEGE (MDCC), THEREBY
9/7/93
EXTEMING PERIOD OF SAID CONTRACT FOR
CITY'S RENDERING OF IN-SERVICE FIRE
TRAINING.
3.13
EXECUTE LEASE AGREEMENT WITH
R 93-518
10
METROPOLITAN DADE COUNTY FOR RENTAL OF
9/7/93
4,088 SQUARE FEET OF SPACE IN OVERIUM
SHOPPING CENTER. (See label 10)
l"
3.14 ESTABLISH SPECIAL CHARGES / TERMS / R 93-519 11
CONDITIONS FOR USE OF ORANGE BOWL 9/7/93
STADIUM BY TOPNJICH ENTERTAINMENT
CORPORATION FOR PRESENTATION OF UP TO
TWO CONCERTS --- GRANT OPTION FOR
SIMILAR CONCERTS FOR NEXT.TWO SUPER
BOWLS TAKING PLACE IN DADE, BROWARD,
PALM BEACH, OR MONROE COUNTIES --
AUTHORIZE AGREEMENTS.
3.15
(A) EXECUTE GRANT OF TEMPORARY
R 93-520 11-12
CONSTRUCTION EASEMENT WITH FLORIDA
9/7/93
DEPARTMaIP OF TRANSPORTATION (FDOT) FOR
PROPERTY KNOWN AS "PARCEL 700" ON
WATSON ISLAND -- FOR REPAVING OF
INGRESS / EGRESS AREA OF THE ACCESS
ROADS TO WATSON ISLAM -- (B) EXECUTE
GRANT OF PERMANENT EASEMENT WITH FDOT
FOR PROPERTY KNOWN AS "PARCEL 801" ON
WATSON ISLAND -- FOR CONSTRUCTION /
INSTALLATION / MAINTENANCE OF SIDEWALKS
ON CITY -OWNED LAND.
3.16
ALTOCATE $18,000 FOR PAYMENT OF
R 93-521 12
COMPENSATION TO SPECIAL COUNSEL FOR THE
9/7/93
CIVIL SERVICE BOARD.
3.17
GRANT REQUEST FOR RELAXATION ON TIME
R 93-522 13
LIMITATIONS ON DISPLAY OF FIREWORKS
9/7/93
FOR: (1) CARNAVAL MIAMI 1994 NIGHT AT
THE ORANGE BOWL STADIUM; (2) FOR A
SPONSORS PARTY IN THE VIZCAYA AREA; AND
(3) FOR CARNAVAL MIAMI INTERNATIONAL AT
BAYFRONT PARK.
3.18
CLASSIFY 300 FIREFIGHTERS BUNKER GEAR
R 93-523 13-14
SETS AS CATEGORY "A" SURPLUS STOCK --
9/7/93
DONATE 250 SETS TO THE FOLLOWING
CITIES: COMODORO, ARGENrINA; GALVEZ,
ARGENTINA; LAS PALMAS, CANARY ISLANDS;
CALI, COLOMIDIA; SAN JOSE, COSTA RICA;
SANTO DOMINGO, DOMINICAN REPUBLIC; AND
MANAGUA, NICARAGUA -- FURT ER SETTING
ASIDE 50 SETS FOR PORT -AU -PRINCE,
HAITI, UPON LIFTING OF THE EMBARGO
PLACED ON SAID CITY. [Note: This item
was later reconsidered, passed and
'
adopted, as modified -- see label 11).
4.
DENY PROPOSED RESOLUTION TO ACCEPT BID
M 93-524 14-18
OF ALANIS SECURITY, INC. FOR SECURITY
9/7/93
GUARD SERVICES TO VARIOUS CITY
DEPARTMENTS.
5.
DISCUSS AND WITHDRAW PROPOSED
DISCUSSION 19-23
RESOLUTION TO ACCEPT BID OF TRI-CITY
9/7/93
ELECTRIC COMPANY, INC. FOR FURNISHING
OF FULL ELECTRICAL MAINTENANCE AND
EVENT STANDBY SERVICES AT ORANGE BOWL
STADIUM.
6.
(CONTINUED DISCUSSION) CLARIFYING
DISCUSSION 23-24
CCnE TTS CONCERNING AGENDA ITEM CA-6
9/7/93
(ACCEPTANCE OF BID OF SOLO PRINTING FOR
THE PRINTING / BINDING OF POLICE
DEPARTMENT°S ANNUAL REPORT. (See label
3.5)
7.
(A) ACCEPT BID: LEADEX CORPORATION FOR
R 93-525 24-35
FURNISHING/INSTAI,IATION OF PLAYGROUND
M 93-526
EQUIPMENT FOR PARKS DEPARTMENT (GIBSON
M 93-527
AND HADLEY PARKS).
M 93-528
(B) RECONSIDER ABOVE RESOLUTION.
9/7/93
(C) ACCEPT BID: LEADEX CORPORATION FOR
FURNISHING AND INSTALLATION OF
PLAYGROUND EQUIPMENT FOR PARKS
DEPARTMENT (ON GIBSON PARK, AS
ORIGINALLY PRESENTED).
(D) DIRECT CITY MANAGER TO SEEK THREE
(3) BIDS (OVER THE TELEPHONE) FOR
PLAYGROUND EQUIPMENT FOR HADLEY PARK
AND TO AWARD SAME ON EMERGENCY BASIS,
LATER TO BE RATIFIED BY THE CITY
COMMISSION.
$.
DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION 35-40
PROPOSED RESOLUTION TO WAIVE SOLID
9/7/93
WASTE SERVICE FEES ($33,733) FOR
GARBAGE AND TRASH SERVICES PROVIDED BY
GSA FOR THE MILDRED AND CLAUDE PEPPER
BAYFRDNr PARK (FROM 6-91./6-93).
9.
ACCEPT PROPOSAL: SOUTH FLORIDA
R 93-529 40-43
MAINTENANCE SERVICES, INC. -- FOR
9/7/93
FURNISHING OF EVENTS MAINTENANCE
SERVICES ON CONTRACT BASIS FOR
DEPARTMENT OF CONFERENCES, CONVETiIONS
A14D PUBLIC FACILITIES ($91,028.00).
10.
(CONTINUED DISCUSSION) CLARIFYING
DISCUSSION 43
CoMMqis CONCERNING PREVIOUSLY ADOPTED
9/7/93
RESOLUTION WHICH AUTHORIZED EXECUTION
OF LEASE AGREEMU WITH METROPOLITAN
DADE COUNTY FOR RENTAL OF 4,088 SQUARE
FEET IN OVERTOWN SHOPPING CENTER --
MODIFY DATES TO READ 117/23/93 -
7/22/93". (See label 3.13)
11. (A) (Continued discussion) RECONSIDER M 93-530 44-49
PRIOR MOTION WHICH ADOPTED RESOLUTION R 93-531
TO CLASSIFY 300 FIREFIGHTING BUNKER 9/7/93
GEAR SETS AS CATEGORY "A" SURPLUS
STOCK. (Sep label 3.18)
(B) CLASSIFY 300 FIREFIGHTERS BUNKER
GEAR SETS AS CATEGORY "A" SURPLUS
STOCK -- DONATE SETS TO GALVEZ,
ARGEN TINA; LAS PALMAS, CANARY ISLANDS;
CALI, COLCMBIA; SAN JOSE, COSTA RICA;
SANTO DOMINGO, DOMINICAN REPUBLIC;
MANAGUA, NICARAGUA; AND PORT -AU -PRINCE,
HAITI (AS MODIFIED).
(C) BRIEF DISCUSSION ON SISTER CITIES.
12. (A) PRESENTATIONS - STATE DISCUSSION 49-52
REPRESENTATIVES RODOLFO ("RUDY") GARICA 9/7/93
AND LUIS C. MORSE PRESENT THE CITY OF
MIAMI COMMISSION WITH $3.3 MILLION
(HECK -- TO ALLEVIATE CITY'S FINANCIAL
LOSSES IN THE AFTERMATH OF HURRICANE
ANDREW.
(B) CITY PRESENTS PLAQUES TO STATE
REPRESENTATIVES RODOLFO ("RUDY") GARCIA
AND LUIS C. MORSE IN RECOGNITION AND
SINCERE APPRECIATION FOR THEIR
SUCCESSFUL EFFORTS IN OBTAINING SAID
STATE FUNDS FOR THE CITY OF MIAMI.
13. DISCUSS AND TEMPORARILY TABLE DISCUSSION 53-72
CONSIDERATION OF PROPOSED EMERGENCY 9/7/93
ORDINANCE TO AMEND CODE CHAPTER 54
(STREETS AND SIDEWALKS) TO ESTABLISH A
FEE SCHEDULE FOR THE USE OF PUBLIC
RIGHT-OF-WAY BY PRIVATE COMMUNICATION
SYSTEMS, AND TO PROVIDE FOR THE
PRORATION OF FEES FOR PERMITS OBTAINED
PRIOR TO OR AFTER OCTOBER 1ST. (See
label 30)
14. BRIEF DISCUSSION CONCERNING DISCUSSION 72
RESCHEDULING OF THE NOVEMBER AND 9/7/93
DECENIBER CITY COMMISSION MEETINGS.
(See label 67)
15. SECOND READING ORDINANCE: AMEND ORDINANCE 73-74
10938 -- REVISE PREVIOUSLY APPROVED 11080
SCHEDULED CAPITAL IMPROVEMENT PROJECTS 9/7/93
AND ESTABLISH NEW PROJECTS TO BEGIN
DURING FY 1992-93 IN PROGRAM AREAS OF
TRANSPORTATION AND PHYSICAL
ENVIRONMENT.
16. SECOND READING ORDINANCE: ESTABLISH ORDINANCE 74-75
NEW SPECIAL REVENUE FUND: FEDERAL HOME 11081
INVESTMENT PARTNERSHIP GRANT PRAM 9/7/93
(SECOND YEAR) -- APPROPRIATE
$3,493,000, AS APPROVED BY DEPARITMU
OF HOUSING AND URBAN DEVELOPMENT (HUD)
FOR IMPLEMUATION OF PGM.
17. SECOND READING ORDINANCE: ESTABLISH ORDINANCE 75-79
FIVE NEW SPECIAL REVENUE FUNDS: (1) 11082
JTPA TITLE I/OLDER WORKER (PY'93) 9/7/93
($28,000); (2) JTPA TITLE
IIA/NEIGHBORHOODS JOBS PROGRAM (PY'93)
($429,000); (3) JTPA TITLE
IIC/NEIGHBORHOODS JOBS PROGRAMS (PY'93)
($429,000); (4) JTPA TITLE III PROGRAM
(PY'93) ($102,000); AND (5) OFFICE OF
INTERGOVERt PAL LIAISON (PY'93)
($90,000) -- FROM U.S. DEPARTMENT OF
LABOR GRANT AWARDS -- AUTHORIZING
MANAGER TO ACCEPT GRANTS AM ENTER INTO
NECESSARY AGREEMENTS WITH SOUTH FLORIDA
EMPLOY4ENP AND TRAINING CONSORTIUM.
18. EMERGENCY ORDINANCE: AMEND 10021, ORDINANCE 79-82
WHICH ESTABLISHED INITIAL 11083
RESOURCES/APPROPRIATIONS FOR THE LAW 9/7/93
ENFOR 9,1ENTT TRUST FUND -- PROVIDE FOR
INCREASE OF $955,122 DUE TO SUCCESSFUL
FORFEITURE ACTIONS.
19. SECOND READING ORDINANCE: ESTABLISH ORDINANCE 82-84
THREE NEW SPECIAL REVENUE FUNDS: (a) 11084
ATAG3ER-PEYSER 7(B) DISCRETIONARY FUNDS: 9/7/93
(1) PROJECT INDEPENDENCE (FY'93-94)
($47,678); (2) INDIVIDUALS WITH
DISABILITIES (FY'93-94) ($50,960); AND
(3) OFFENDERS (FY'93-94) ($56,952) --
APPROPRIATE GRANT FUNDS RECEIVED FROM
FLORIDA DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY.
20. ALIOCATE $17,420 FROM LAW ENFORCEMENT R 93-532 84-86
TRUST FUND TO FUND ACQUISITION BY 9/7/93
POLICE DEPARTMENT OF AN INTERFACE
PROGRAM WITH METROPOLITAN DADE COUNTY'S
CRIMINAL JUSTICE INFORMATION SYSTEM
WHICH WOULD ALLOW FOR CRIMINAL CHECKS.
21. SECOND READING ORDINANCE: AMEND CODE ORDINANCE 86-89
SECTION 2-75, THEREBY ASSESSING A LATE 11085
PAYMENT PENALTY FOR THE CERTIFICATE OF 9/7/93
USE RENEWAL FEE.
TAKE ALL ACTIONS TO INITIATE PROPOSED 9/7/93
BOUNDARY CHANGE OF THE CITY OF MIAMI IN
ORDER TO ANNEX TWO SEPARATE TRACM OF
LAND SITUATED AT VIRGINIA KEY (THE
SOUTHERN END OF VIRGINIA KEY BEACH AND
THE PARCEL OF LAND WHEREIN THE MIAMI
MARINE STADIUM / ADJACENT PARKING LOT,
AMID THE ADJACENT' BOAT CIJUB FACILITIES
ARE LOCATED.) -- TO PROVIDE FULL RANGE
OF PUBLIC RECREATIONAL USES -- SET
PUBLIC HEARING.
23. EXEC[A'E AMEDIDM= TO APPLICATION FOR A R 93-534
COMMUNITY DISASTER LOAN FROM THE 9/7/93
FEDERAL MANAGEMOU AGENCY (FEMA) IN AN
ADDITIONAL AMOUNT OF $4,000,000.
24. APPROVE ISSUANCE OF $60,000,000, CITY R 93-535
OF MIAMI, FLORIDA HEALTH FACILITIES 9/7/93
AUJIHORITY HEALTH FACILITY REVENUE
REFUNDING BONDS, SERIES 1993 (MERCY
HOSPITAL PROJECT), FOR RAU)OSES OF
SECTION 147(F) OF INTERNAL REVENUE CODE
OF 1986.
25. APPROVE PURCHASE OF A JOHN DEERE 544 R 93-536
E/G FRONT END LOADER FROM JOHN DEERE 9/7/93
INDUSTRIAL COMPANY (FOR DEPARTMENT' OF
GSA AND SOLID WASTE).
91-92
92-93
93-94
26. RATIFY CITY MANAGER'S AWARD OF BID TO R 93-537 94-99
27. (A)EXEC.'[T.PE AMENDMENTS TO AGREEMEN25
R 93-538
WITH THE FOLLOWING, 13 NEIGHBORHOOD
R 93-538.1
ECONOMIC DEVELOPMENT ORGANIZATIONS:
9/7/93
(1) ALLAPATTAH BUSINESS DEVELOPMENT,
INC . ; (2) COCONUT GWM T ,.
DEVELOPMENT CORPORATION, INC.; (3)
DOWNTOWN MIAMI BUSINESS ASSOCIATION,
INC.; (4) EDGEWATER ECONamic
DEVELOPMENT CORPORATION; (5) GREATER
BISCAYNE BOULEVARD CHAMBER OF COMMERCE,
INC.; (6) HAITIAN AMERICAN FOUNDATION,
INC.; (7) HAITIAN TASK FORCE, INC.;
(8) LATIN QUARTER ASSOCIATION, INC.;
(9) LITTLE HAVANA DEVELOPMENT
AUTHORITY, INC.; (10) MARTIN LTTHER
KING ECONOMIC DEVELOPMENT CORPORATION,
INC.; (11) NEW WASHINGTON HEIGHTS
COMMUNITY DEVELOPMENT CONFERENCE, INC.;
(12) PARK WEST ASSOCIATION, INC.; AND,
(13) SMALL BUSINESS OPPORTUNITY CENTER,
INC. AND SOCIAL SERVICE AGENCIES --
MODIFY FUNDING LEVEL AS DIRECTED BY THE
C(ISSION.
(B) ALLOCATE $50,000 TO THE RAFAEL
HERNANDEZ HOUSING AND ECONOMIC
DEVELOPMENT CORP.
(C) URGE WEEKEND SUPERVISION AT MOST
ACTIVELY USED CITY PARKS.
28. ACCEPT BID: SIGA INCORPORATED -- FOR
R 93-539
NORTHEAST BISCAYNE BOULEVARD
9/7/93
BEAUTIFICATION PROJECT B-4547 --
ALLOCATE FUNDS FROM 18TH YEAR CDBG.
29. (A) APPOINT / REAPPOINT INDIVIDUALS TO
R 93-540
SERVE AS MEMBERS / ALTERNATE MEMBERS ON
9/7/93
THE INTERNATIONAL TRADE BOARD.
(Appointed /reappointed were: Bob
Rodriguez, Kishor Parekh, Marie Wray,
Bill Rios, Omar Diaz-Salinero, Dwayne
Wynn, Tom Kallman, Eladio Armesto III,
Xonia Diaz, Christine Morales, Maritza
Gutierrez, Jerome Reisman, Raquel
Regalado, Nelcida Chakoff, Emil Farah,
Teo Babun, Dorothy Baker, Ibrahim
Malki-Kawa, Robert Brown, Rafael
Garcia -Toledo Jr., Waldo Castro-
Molleda, Vicky Leiva, Ralph Diaz-
Balart, and Rafael Garcia Toledo Sr.
(B) DISCUSSION CONCERNING OFFICE OF
PROTOCOL -- VICE MAYOR DE YURRE
REQUESTS ADMINISTRATION TO DEFINE FOR
HIM OFFICE OF PROTOCOL'S SPECIFIC
FUNCTIONS AND RESPONSIBILITIES.
100-114
114-115
116-121
30. (Continued discussion) AGREE To DEFER
M 93-541
CONSIDERATION OF PROPOSED EMERGENCY
9/7/93
ORDINANCE TO AMEND CODE TO ESTABLISH A
FEE. SCHEDULE FOR USE OF PUBLIC RIGHT-
OF-WAY BY PRIVATE COMMUNICATION SYSTEMS
AS ATTEMPT TO REACH AGREEMENT BETWEEN
INTERESTED PARTIES FAILED. (See label
13)
31. (A) DISCUSSION CONCERNING THE CONSENT
M 93-542
DEGREE.
9/7/93
(B) SCHEDULE PUBLIC HEARING IN ORDER TO
EXPLORE PRESENT RELATIONSHIP AMONGST
THE FRATERNAL ORDER OF POLICE (FOP),
THE POLICE DEPARTMEN ', THE
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AND THE FIRE DEPARTNI U.
32. DISCUSSION CONCERNING PORT OF MIAMI'S
DISCUSSION
EXPANSION.
9/7/93
33.
DECISION OF THE DINNER KEY BOATYARD &
M 93-543
MARINA PROPERTY -- INSTRUCT CITY
9/7/93
MANGER TO SEND BACK TO THE SELECTION
CC[NMITTEE PROPOSAL SUBMITTED BY
LIGHTHOUSE MARINA AND BOATYARD AT
DINNER KEY, INC. FOR DEVELOPMENT OF
DINNER KEY BOATYARD AND MARINA PROPERTY
AT 2640 S. BAYSHORE DRIVE, FOR FURTHER
STUDY / RECOMMENDATION.
34.
RATIFY CITY ATTORNEY'S ACTION IN
R 93-544
SOLICITING PROPOSALS FROM QUALIFIED LAW
9/7/93
FIRMS FOR PROVISION OF BOND COUNSEL
SERVICES TO THE CITY CONCERNING
PROPOSED ISSUANCE OF $30,000,000 TAX
ANTICIPATION NOTES DURING OCTOBER,
1993.
35.
GRANT FUNDING REQUEST FROM DADE COUNTY
R 93-545
SICKLE CELL FOUDIDATION, INC. FOR CITY
9/7/93
SERVICES, FEES AND USE OF STREETS IN
CONNECTION WITH ITS ANNUAL WALK.
36.
RATIFY MANAGER'S FINDING OF SOLE
R 93-546
SOURCE -- WAIVE COMPETITIVE SEALED BIDS
9/7/93
REQUIREMEM AND APPROVE ACQUISITION OF
FOUR DEFIBRILLATOR / MONITOR / PACERS
WITH 12 LEAD ECG CAPABILITY FROM
MARQUETTE ELECTRONICS, INCORPORATED,
FOR DEPAI' OF FIRE.
37.
RATIFY MANAGER'S FINDING OF SOLE
R 93-547
SOURCE -- WAIVE COMPETITIVE SEALED BIDS
9/7/93
REQUIREMENT AND APPROVE ACQUISITION OF
A LIFE SIGHT SMOKE CAMERA FROM FIRE
RESEARCH CORP.
121-122
123-144
144-170
170-190
191-193
194-195
195-196
196-198
y
j
1
38.
AUTHORIZE INCREASE IN CONTRACT Ar' D=
R 93-548
198-199
WITH LEWIS GREEN CONSTRUCTION, INC.
9/7/93
FOR: (1) SCATTERED SITE-HOUSING-
COCONl)T GROVE PHASE I (THIRD BIDDING)
B-3241-A; (2) SCATTERED SITE HOUSING -
MODEL CITY PHASE IV B-3242-A; AND (3)
SCATTERED SITE HOUSING, NODE O;VNERSHIP
DEVELOPMENT PROGRAM-WYNWOOD, PHASE II,
B-3245 (CIP 321034).
39.
AUTHORIZE INCREASE IN CONTRACT AMOUNT
R 93-549
200-201
WITH APEX CONSTRICTION, INC. FOR: (1)
9/7/93
SCATTERED SITE HOUSING HHOMEOWNERSHIP
DEVELOPMENT PROGRAM -MODEL CITY PHASE
II, B-3240-B1; AND (2) SCATTERED SITE
HOUSING -MODEL CITY PHASE IV (THIRD
BIDDING) B-3242-B.
40.
(A) DISCUSSION CONCERNING PROPOSED
DISCUSSION
202-211
RESOLUTION TO INCREASE CONTRACT AMOUNT
9/7/93
WITH ROBINSON CONSTRUCTION, INC. FOR
SCATTERED SITE HOUSING HOMEOWNERSHIP
DEVELOP14BU PROGRAM -MODEL CITY PHASE
III, B-3240-C. NO ACTION.
(B) MAYOR SUAREZ COMPLIMENTS JEFFREY
HEPBURN, HOUSING CONSERVATION AGENCY,
ON THE SCATTERED SITE HOUSING HOME
OWNERS DEVELOPMENT PROGRAM.
41.
AUTHORIZE FINANCING OF A PROTRACTED,
R 93-550
211-212
COMPLEX INVESTIGATION IN AN AMOUNT NOT
9/7/93
TO EXCEED $250, 000 -- ALLOCATE FUNDS
FROM LAW ENFORC MU TRUST FUND.
42.
AUTHORIZE FUNDING OF ALTERNATIVES
R 93-551
212-213
PROGRAM -- ALLOCATE FUNDS FROM LAW
9/7/93
ENFORCEMENT TRUST FUND.
43.
BRIEF DISCUSSION CONCERNING FUTURE
DISCUSSION
213-214
CERTAIN AREAS BEING CONSIDERED AS
9/7/93
POTENTIAL SITES FOR THE DEVELOPMENT OF
SCATTERED SITE HOUSING.
44.
DISCUSS AND DEFER FOR FURTHER
DISCUSSION
214-216
CONSIDERATION PROPOSED RESOLUTION TO
9/7/93
RATIFY MANAGER'S FINDING OF SOLE SOURCE
WAIVING SEALED BIDS REQUIREMENT AND
AUTHORIZING ACQUISITION OF A MICROFILM
READER / PRINTER FROM INFORMATION
MANAGEMENT OF FLORIDA, FOR DEPARTMWr
OF POLICE.
I
45.
PERSONAL APPEARANCE: ALEX PRADO --
M 93-552
216-225
REAFFIRM PRIOR CITY'S COMMITMENT OF
5'/7/93
$75,000 (OUT OF 19TH YEAR CDBG
CONTINMU FUNDS) TO THE ONE ART
Ca4MITY CENTER.
46.
URGE PRESIDENT WILLIAM J. CLINTON AND
R 93-553
225-228
ATTORNEY GENERAL JANET RENO TO ASSIST
9/7/93
IN RESOLVING IMMIGRATION STATUS OF
NICARAGUANS PRESENTLY LIVING IN THE
U.S.
47.
GRAM FEE WAIVER REQUESTED BY GREATER
R 93-554
228-232 l
BETHEL A.M.E. CHURCH CENT'EMIAL
9/7/93
PLANNING COMMITTEE CONCERNING ITS
PARADE ON SEPTEMBER 1993.
48.
BRIEF DISCUSSION AND WITHDRAWAL OF
DISCUSSION
232-234 {
REQUEST BY COCOAIM GROVE VILLAGE
9/7/93
COUNCIL TO JOIN WITH THE CITY'S 1993
PRIMARY ELECTION IN NOVEMBER FOR ITS
VILLAGE COUNCIL ELECTION (NOFI'E : ITEM
WITHDRAWN FROM AGENDA BY THE COUNCIL.)
49.
BRIEFLY DISCUSS AND Y04DUARILY TABLE
DISCUSSION
234-235
FURTHER DISCUSSION CONCERNING CRIME IN
9/7/93
THE NORTHEAST AREA. (See label 51)
50.
BUDGET DIRECTOR STATES PROPOSED MILLAGE
DISCUSSION
235-236
RATE AND TENTATIVE BUDGET FOR THE CITY
9/7/93
OF MIAMI. (See label 52)
i
I
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51. (A) DIRECT ADMINISTRATION TO WORK IN
R 93-555 237-265
UNISON WITH MEMBERS OF CITY COMMISSION
R 93-556
IN LOBBYING BEFORE ME7IRO-DADE BOARD OF
M 93-557
COUNTY COMMISSIONERS TO REQUEST A
9/7/93
$5,000,000 GRANT FOR IMPLEMENTATION OF
A TWO-YEAR PILOT PF03RAM TO FIGHT CRIME
IN OUR STREETS - URGE ADMINISTRATION TO
IDENTIFY AND APPLY FOR ANY OTHER
SOURCES OF REVENUE FROM THE COUNTY,
INCLUDING MONIES FROM THE LAW
ENFORCEMENT TRUST FUND;
(B) ADOPT IN PRINCIPLE; PROPOSED PILOT
PROGRAM PRESENTED BY THE GREATER
BISCAYNE BOULEVARD CHAMBER OF COMMERCE,
THE NORTHEAST SUBC:OUNCIL FOR CRIME
PREVENTION, AND CIVIC ASSOCIATION
LEADERS IN THE NORTHEAST AREA (THE
"NORTHEAST STRATEGY AGAINST CRIME
PLAN") GENERALLY REQUESTING THE
FOLLOWING: PERMANENT DEPLOYMENT OF 15
POLICE OFFICERS TO THE NORTHEAST AREA
AND THE IMPLEMENTATION OF A FORMAL /
LOGICAL STRATEGY AGAINST CRIME --
DIRECT ADMINISTRATION TO EXPLORE
CREATIVE WAYS OF POSSIBLY REVAMPING
INTERNAL PRIORITIZATIONS OF ACTIONS TO
BE TAKEN (e.g.) (a) THE POSSIBLE
PLACEMENT OF RAISED PLATFORM STANDS
WHERE POLICE OFFICERS COULD STAND FOR
SURVEILLANCE PURPOSES, (b) LISTING OF
JUDGES' NAMES WHO REPEATEDLY RELEASE
PROSTITUTES AS WELL AS TOTAL NUMBER OF
OFFENSES AFTER WHICH THEY ARE RELEASED,
SUCH THAT SOME KIND OF TRACKING SYSTEM
COULD BE INSTITUTM, AND THE
POSSIBILITY OF BROADCASTING THE NAMES
AND ADDRESSES OF ALL CONVICL'ED JOHNS
OVER THE CITY'S CABLE TELEVISION
CHANNEL, AS REQUESTED BY THE AREA
RESIDENTS.
(C) GRANT REQUEST RECEIVED FROM
RESIDENTS IN THE NORIMi ST AREA AS
OUTLINED IN THE "NORTHEAST STRATEGY
AGAINST CRIME PLAN" -- DIRECr
ADMINISTRATION TO DEPLOY UP TO 15
POLICE OFFICERS TO THE NORTHEAST
SECTION OF THE CITY WHICH OFFICERS ARE
TO REMAIN PERMANENTLY.ASSIGNED TO SAID
AREA.
52.
(continued discussion) FIRST PUBLIC
DISCUSSION
265-272
HEARING ON FY194 TENTATIVE CITY OF
9/7/93
MIAMI BUDGET -- CITY COMMISSION LISTENS
TO AMID RESPONDS TO CITIZENS COMMENTS
REGARDING PROPOSED MILLAGE RATE AND
TENTATIVE BUDGET. (See label 50)
53.
FIRST READING ORDINANCE: DEFINE AND
ORDINANCE
272-277
DESIGNATE TERRITORIAL LIMITS FOR CITY
FIRST READING
OF MIAMI FOR PURPOSE OF TAXATION --- FIX
9/7/93
MITT AND LEVY TAXES FOR FISCAL YEAR
OCTOBER 1, 1993 - SEPT v1BER 30, 1994.
54.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION
278-280
CONSIDERATION OF PROPOSED FIRST READING
9/7/93
ORDINANCE TO MAKE APPROPRIATIONS FOR
FISCAL YEAR ENDING SEP104EER 30, 1994.
(See label 56)
55.
DISCUSSION CONCERNING IMPLEMENTATION OF
M 93-558
280-331
THE TRAFFIC CONTROL PLAN "B" BAY
9/7/93
HEIGHTS AND NATOMP, MANOR AREA -- DIRECT
ADMINISTRATION TO: (1) REMOVE
TEMPORARY BARRICADES ACROSS SAMANA
DRIVE AND ALATKA STREET AT INTERSECTION
WITH SOUTH MIAMI AVENUE; (2) ACCEPT!'
MERCY HOSPITAL'S OFFER TO FUND
PATROLMEN AT STRATEGIC POINTS TO DIRECT
TRAFFIC, ETC.
56.
(Continued discussion) FIRST READING
ORDINANCE
331-335
ORDINANCE: MAKE APPROPRIATIONS FOR
FIRST READING
CITY OF MIAMI FOR FISCAL YEAR ENDING
9/7/93
SEPTEMBER 30, 1994, (See label 54)
57.
DISCUSSION CONCERNING PROPOSED MILd�AGE
DISCUSSION
335-337
RATE AND APPROPRIATIONS FOR DOWNTIOWN
9/7/93
DEVELOPMENT AUTHORITY.
58.
FIRST READING ORDINANCE: DEFINE AND
ORDINANCE
337-338
DESIGNATE TERRITORIAL LIMITS OF THE
FIRST READING
DOWNTOWN DEVELOPMENT DISTRICT -- FIX
9/7/93
MILLAGE AND LEVY TAXES FOR FISCAL YEAR
OCTOBER 1, 1993 -- SEPTEMBER 30, 1994.
59.
DISCUSSION CONCERNING COST OF CITY
DISCUSSION
338-349
SERVICES RELATING TO SOLID WASTE AND
9/7/93
GARBAGE COLLECTION -- AND POSSIBLE
SOLUTIONS TO THE PROBLEMS.
60.
MAKE APPROPRIATIONS FOR DOWNTOWN
ORDINANCE
349-350
DEVELOPMENT AUTHORITY FOR FISCAL YEAR
FIRST READING
OCTOBER 1, 1993 - SEPTEMBER 30, 1994.
9/7/93
61.
(A) APPROVE ANNUAL BUDGET OF DEPARTMENT
R 93-559
350-354
OF OFF-STREET PARKING FOR OPERATION OF
9/7/93
ENTIRE DEPARTMENT OF OFF --STREET PARKING
FOR FISCAL, YEAR OCTOBER 1, 1993 -
SEPTEMBER 30, 1994
(B) DISCUSSION CONCERNING ONGOING CITY
SUBSIDY OF DESIGNATED CITY PROPERTIES.
( EG, DOWNTOWN PARKING GARAGE, GUSMAN
HALL; ETC.) -- REQUEST REPORT FROM
CLARK COOK IN 30 DAYS.
62.
APPROVE ANNUAL BUDGET OF DEPARTMErU OF
R 93-560
355-357
OFF-STREET PARKING FOR OPERATION OF THE
9/7/93
GUSMAN CENTER FOR THE PERFORMING ARTS
AND THE OLYMPIA BUILDING, FOR FISCAL
YEAR OCTOBER 1, 1993 - SEPTEMBER 30,
1994.
63.
(A) APPROVE MILDRED AND CLAUDE PEPPER
R 93-561
358-362
BAYFRONT PARK OPERATING BUDGET FOR
R 93-561.1
FISCAL YEAR 1993-94.
9/7/93
(B) APPROVE MILDRED AND CLAUDE PEPPER
FOUNTAIN AT BAYFRONT PARK BUDGET FOR
FISCAL YEAR 1993-94.
64.
GRANT REQUEST BY PEPIN PRIETO BASEBALT
R 93-562
362-363
TEAM TO USE BOBBY MADURO STADIUM IN
CONNECTION WITH ITS ANNUAL BASEBALL
TOURNAMENT.
65.
FIRST READING ORDINANCE: ESTABLISH NEW
ORDINANCE
364-365
SPECIAL REVENUE FUND: MIAMI HISPANIC
FIRST READING
CONFERENCE -- APPROPRIATE FUNDS
9/7/93
RECEIVED AS SPONSORSHIPS AND FINANCIAL
SUPPORT FOR PLANNING, ORGANIZING,
DIRECTING AND FUND-RAISING FOR SAID
CONFERENCE.
66.
DISCUSSION CONCERNING REQUEST RECEIVED
DISCUSSION
365-372
TO INSTITUTE WRITE-IN CiANDIDATE
9/7/93
GUIDELINES FOR THE CITY OF MIAMI -- NO
ACTION TAKEN. (VICE MAYOR DE YURRE
INVOKES 5-DAY RULE.)
67.
(Continued) BRIEF COMMENTS CONCERNING
DISCUSSION
372-373
NEED TO RESCHEDULE THE NOVEMBER AND
9/7/93
DECEMBER CITY COMMISSION MEETINGS. NO
ACTION TAKEN. (See label 14)
68. (A) ACCEPT GRANT ($189,000) FROM U.S.
R 93-563 373-378
DEPARTMENT OF TRANSPORTATION, FEDERAL
R 93-564
AVIATION ADMINISTRATION ENTITLEMENT
R 93-565
TRUST FUND, FISCAL YEAR 1990 -- FOR
9/7/93
CITY USE IN CONNECTION WITH THE WATSON
ISLAND AVIATION FACILITIES PLANNING
PROGRAM.
(B) ENTER INTO PROFESSIONAL SERVICES
ACBM41M WITH THOMPSON CONSULTANTS
INTERNATIONAL FOR AVIATION PLANNING
SERVICES AT WATSON ISLAND.
(C) EXECUTE APPROPRIATE DOCUMENTS
N
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FIARIDA
On the 7th day of September, 1993, the City Commission of Miami,
Florida, met at its regular meeting place in City Hall, 3500 Pan American
Drive, Miami, Florida in regular session.
The meeting was called to order at 9:16 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez who then led those present
in a pledge of allegiance to the flag.
------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
(A) Presentation to the Mayor: AIM Antillean Airlines' 50th
anniversary.
------------------------------------------------------------------------------
Mayor Suarez: I know we have a few State Representatives that are expected
this morning to deliver symbolically some money that we already have received,
I think, post -Andrew, and we've already received it and spent it, probably,
but we're happy to go through the ceremony. And while we do have Bruno
Baredo, Jr. (phonetic) and Art Simon (phonetic), and we're expecting Rudy
Garcia and Luis Morse in a few minutes. In the meantime, I think we have the
ALM presentation. Rosie and Mr. Kaluf, if you would like to make that. Come
around the back. It's the fiftieth anniversary of the airline? Wow!
A. Presentation of Plaque to Mayor Suarez from Antilles ALM Antillean
Airlines commemorating the 50th Anniversary of the airline's operations in
Miami.
1 September 7, 1993
2. GRANT REQUEST By TRopic / miAMa HERALD M HOLD ITS 1994 TROPIC HUNT IN
COCMW GIOVE -- WAIVE REQUIRRAUU THAT NO MDRE THAN n?O EVENTS BE
PERMITTED IN ONE MNM (APRIL 1994).
---------------------------------------------------------------- -------------
Mayor Suarez: I think that's it for ceremonial item. I hate to give any
preference to anyone, but I know that, and I have the full expectation that
it's a noncontroversial item that the Tropic Hunt is involved in. If the
Tropic Hunt - what item was that on the - Item 34, it's the Miami Herald
Tropic Hunt. Why don't we just call it the Tropic Hunt. Forget the other
part. Does anybody have any problem with this? Commissioner Plummer, I know
you f ve. . .
Commissioner Plummer: Have they gone before the committee? And what is the
recommendation of the committee?
Mayor Suarez: Tan, if you want to cane up to the...
Commissioner Alonso: And since we don't have any problems with Tropic.
Mayor Suarez: Yes. We get along with Tropic a lot better than we do with the
rest of the newspaper.
Commissioner Alonso: Yes, yes, we enjoy it. Well done.
Commissioner Plummer: We're not on the Metro Cannission.
Mayor Suarez: Does anybody want to move the item?
Cannissioner Alonso: I will move it, yes, I do.
Mayor Suarez: Thank you.
Commissioner Dawkins: Move it.
Mayor Suarez: Seconded. Any discussion?
Commissioner Plummer: As I understand, the only thing they're requesting of
this Commission is, in fact, to allow a second event in the same month.
Mayor Suarez: That's correct.
Commissioner Plummer: But they are going to pay the regular fees as
understood. Fine.
e
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-505
A RESOLUr'ION WAIVING THE RESTRICTION CONTAINED IN
SECTION 54-171(B)(1) OF THE CODE OF THE CITY OF MIAMi,
FIARIIIA, AS AMENDED, WHICH LIMITS THE NUMBER OF EVCI_S
PER MONi'H THAT MAY BE HELD IN THE COCONUT GROVE
SPECIAL EVENTS DISTRICT, THEREBY PERMITTING THE
"TROPIC HUNT," TO BE CONDUCTED BY THE MIAMI HERALD
TROPIC MAGAZINE ON APRIL 24, 1994, TO BE HELD IN SAID
DISTRICT.
(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
Com issioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: We had the keys to the City for you today, but we...
Commissioner Dawkins: No, we didn't. No, we didn't.
Commissioner Plummer: We gave them to "Conchey" (phonetic).
Commissioner Alonso: You don't want to go overboard with this, do you? Ha-
ha -ha.
Mayor Suarez: The consent agenda consists of items CA-1 through CA-23. Madam
City Clerk, do we need to approve minutes of the last Commission...
Ms. Matty Hirai (City Clerk): Yes, Mr. Mayor.
Commissioner Plummer: So moved.
Mayor Suarez: So moved.
Commissioner Plummer: That was the minutes of the Zoning Board.
Mayor Suarez: As to the minutes, moved.
Commissioner Plummer: The Zoning Board. The Zoning hearing, right?
3 September 7, 1993
Commissioner Dawkins: Second.
Ms. Hirai: Both, both.
Camiissioner Plummer: Both, yeah.
Mayor Suarez: Moved and seconded on the minutes. Call the roll, please.
------------------------------------------------
NO►I'E FOR THE RECORD: On motion duly made by
Cannissioner Plummer and seconded by Cammissioner
Dawkins, the minutes of the City Commission
meetings of May 27, June 29, and July 22, 1993,
were approved by the Commission.
-------------------------------------------------
----------------------------------------------------------------_------
3. CONSENT AGENDA.
Mayor Suarez: Yes. I see Representative Rudy Garcia resplendent in a brand
new suit and tie, but I don't see your accomplice, Mr. Moore, so if you want
to wait a few more minutes, Rudy. We've got three representatives today.
This is - geez, that's one -fortieth of the entire contingent. OK. The
consent agenda consists of items CA-1 through CA-23. If anyone wishes to be
heard on any of these individually, please step forward. Charlie.
Ccmmissioner Plummer: Three and 19, Mr. Mayor.
Mayor Suarez: Thank you. Charlie.
Mr. Charlie Cox: CA-8, please.
Mayor Suarez: With the exception of items CA-8, 3 and 19. Sir?
Unidentified Speaker: CA-8, please.
Mayor Suarez: CA-8?
Unidentified Speaker: Yes.
Mayor Suarez: OK. We've got that one already. Ten and 12, Commissioner
Dawkins. So with the exception of items 3, 8, 10, 12 and 19, I'll entertain a
motion on the consent agenda.
Ca 'Lissioner Plummer: So moved.
Mayor Suarez: Moved, seconded. Any discussion? If not, please call the
roll.
4 September 7, 1993
j.
t
f
ON MOTION DULY MADE BY COMISSIONER PIER AND SECONDED BY F
VICE MAYOR DE YURRE, THE CONSENT AGENDA WITH ABOVE
EXCEPTIONS, WAS APPROVED BY THE FOLLOWING VUIE:
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.
3.1 ACCEPT BID: BUBBLES DIVE CENTER -- FOR FURNISHING SCUBA GEAR EQUIPNIE'NT
TO FIRE RESCUE, AND INSPECTION SERVICES DEPARTMENT.
RESOUIrION NO. 93-506
A RESOIZTrION ACCEPTING THE BID OF BUBBLES DIVE
CENTER, FOR THE FURNISHING OF SCUBA GEAR EQUIPMENT
TO THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES AT A TOTAL PROPOSED COST OF $8,110.00;
ALLOCATING FUNDS THEREFOR FROM THE FIRE-FIESCUE FY
92-93 BUDGET ACCOUNT CODE NO. 280601-722;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS ACQUISITION.
(Here follows booty of resolution, omitted here and
on file in the Office of the City Clerk.)
3.2 PUBLIC SAFETY DEVICES, INC. -- FOR FURNISHING RIOT CONTROL EQUIPMENT
(300 GAS MASKS) TO POLICE DEPARTMENT.
RESOLUTION NO. 93-507
A RESOLUTION ACCEPTING THE BID OF PUBLIC SAFETY
DEVICES, INC. FOR THE FURNISHING OF RIOT CONTROL
EQUIPMENT TO THE DEPARTMENT OF POLICE; 300 GAS MASKS
AT A COST OF $40,737.00 AND 170 HELMETS AT A COST OF
$15,130.00 FOR A TOTAL PROPOSED AMOUNT OF
$55,867.00; ALLOCATING FUNDS THEREFOR FROM THE
POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT
CODE NO. 290201-719; 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.)
5 September 7, 1993
3.3 PUBLIC SAFETY DEVICES, INC. -- FOR FURNISHING 170 &X2M SEAT PROTECTORS
TO BE INSTALIM IN POLICE PATROL CARS.
RESOLUTION N0. 93-508
A RESOLUTION ACCEPTING THE BID OF PUBLIC SAFETY
DEVICES FOR TEE FURNISHING OF' ONE HUNDRED SEVENTY
(170) BUCKET SEAT PROTECTORS TO BE INSTALLED IN
POLICE PATROL CARS FOR THE DEPAR1MNT OF GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE/FLEET
MAN1Y:EMENI' DIVISION AT A TOTAL PROPOSED AM )UNT OF
$7,650.00; ALLOCATING FUNDS THEREFOR FROM THE
GENERAL SERVICES ADMINISTRATION/FLEET MANAGEMENT
DIVISION, OPERATING BUDGET, ACCOUNT CODE NO. 420901-
840, PROJECT CODE N0. 509000; 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.)
3.4 ACCEPT BID: INFORMATION MANAGEMENT OF FLORIDA -- FOR FURNISHING
MICROFILM READER AMID ACCESSORIES TO POLICE DEPAR!I!MENT.
RESOLUTION NO. 93-509
A RESOLUTION ACCEPTING THE BID OF INFORMATION
MANAGEMENT OF FLORIDA FOR THE FURNISHING OF A
MICROFILM READER AND ACCESSORIES TO THE DEPARTMENT
OF POLICE AT A TOTAL PROPOSED AMOUNT OF $6,593.00;
ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT
GENERAL OPERATING BUDGET, ACCOUNT CODE N0. 290201-
840, AUTHORIZING THE CITY MANAGER TO INSTRUCT 'IBE
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.)
3.5 ACCEPT BID: SOLO PRINTING, INC. -- FOR PRINTING AND BINDING OF POLICE
DEPARMM, S ANNUAL REPORT. ( See label 6 )
RESOLUTION N0. 93-510
A RESOLUTION ACCEPTING THE BID OF SOLO PRINTING,
INC. FOR THE PRINTING AND BINDING OF THE POLICE
DEPART ENT ` S AM4UAL REPORT FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE AT A
TOTAL PROPOSED AMOUNT OF $8,880.00; ALLOCATING FUNDS
THEREFOR FROM THE FY 1992-93 POLICE DEPARTMENT
ACCOUNT CODE NO. 290201-680; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS SERVICE.
6 September 7, 1993
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.6 ACCEPT BID: SCALEMEN OF FLORIDA, INC. -- FOR FURNISHING AND
INSTALLATION OF TRUCK SCALE TO DEPARIMU OF GSA AND SOLID WASTE.
RESOLLfTION NO. 93-511
A RESOLUTION ACCEPTING THE BID OF SCALEMEN OF
FLORIDA, INC., FOR THE FURNISHING AND INSTALLATION
OF A TRUCK SCALE TO THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE AT A TOTAL
PROPOSED AMOUNT OF $45,595.00; ALLOCATING FUNDS
THEREFOR FROM THE SOLID WASTE RECYCLING PROGRAM,
ACCOUNT CODE NO. 421303-840, PRaJECT NO. 197005;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCURavOU 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.)
3.7 ACCEPT BID: AVATAR SYSTEMS -- FOR FURNISHING COLOR GRAPHICS PLOTTER TO
DEPARDEN T OF PLANNING, BUILDING AND ZONING.
RESOLITTION NO. 93-512
A RESOLUTION ACCEPTING THE BID OF AVATAR SYSTEMS FOR
THE FURNISHING OF A COLOR GRAPHICS PLOTTER TO THE
DEPARTMENT OF PLANNING, BUILDING AND ZONING AT A
TOTAL PROPOSED AMOUW OF $8,787.33; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NOS. 299401-840-312018
($3,429.11), 280401-670 ($2,679.11) AM 921084-690
($2,679.11), 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.)
7
September 7, 1993
3.8 ACCEPT BID: COMPUTER RESOLUTIONS, INC. -- FOR FURNISHING ONE XE-530
SHARED RESOURCE PROCESSOR WITH ASSOCIATED SOFTWARE AND PERIPHERAL
EQUIPMENT AND ONE YEAR MAINTENANCE AGREE 104T TO DEPARTMENT OF PLANNING,
BUILDING AND ZONING -- FOR ENHANCEMENT OF PERMITTING, VIOLATION NOTICE
AND CODE ENFORCEMENT CAPABILITY.
RESOLUTION NO. 93-513
A RESOWrION ACCEPTING THE BID OF COMPUTER
RESOLUTIONS, INC. FOR THE FURNISHING OF ONE (1) XE-
530 SHARED RESOURCE PROCESSOR WITH ASSOCIATED
SOFTWARE AND PERIPHERAL EQUIPMENT' AND A ONE (1) YEAR
MAINTENANCE AGREEMENT, UNDER BID AWARD CONTRACT NO.
91-92-031 FOR THE DEPARTMENT OF PLANNING, BUILDING
AND ZONING FOR ENHANCEMENT OF THE PERMITTING,
VIOLATION NOTICE AND CODE ENFORCEt= CAPABILITY OF
THE DEPARTMENT AT A TOTAL COST OF $35,000;
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMF U'S
BUDGE7m FUNDS, INDEX CODE 569401-840, PRDJELT NO.
311024; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMERr OFFICER TO ISSUE A PURCHASE ORDER
FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.9 APPROVE SELECTION BY COMPETITIVE SELECTION CONM7IEE OF MOST QUALIFIED
FIRMS TO PROVIDE LAND SURVEY SERVICES FOR THE CITY. (Selected, in rank
order, were: (1) Biscayne Engineering Company, Inc.; (2) Manuel G. Vera
& Associates, Inc.; (3) Metric Engineering, Inc.; (4) Campanile &
Associates, Inc.; (5) Fernando Z. Gatell, P.L.S., Inc.; and (6) Crowder -
Mahoney, Inc.)
RESOLUTION NO. 93-514
A RESOLUTION APPROVING THE SELECTION BY THE
COMPETITIVE SELECTION COMMITTEE OF THE MOST
QUALIFIED FIRMS TO PROVIDE LAND SURVEY SERVICES FOR
THE CITY OF MIAMI PROJECTS 1994-95; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE PROFESSIONAL SERVICES
AGREE ENTS WITH THE FIVE TOP RATED FIRMS, TO PROVIDE
SURVEY SERVICES; DIRECTING THE CITY MANAGER TO
PRESENT NEGOTIATED AGREEMENT'S TO THE CITY COMMISSION
FOR APPROVAL PRIOR TO THE EXECUTION THEREOF; FURTHER
AUTHORIZING THE CITY R, IN THE EVENT ANY
EXECUM AGREEMENT IS TERMINATED PRIOR TO COMPLETION
THEREOF, TO NEGOTIATE WITH THE ONE REMAINING LISTED
FIRM FOR AN AGREEMENT TO REPLACE THE ORIGINAL FIRM
WITH NO INCREASE IN COMPENSATION OR IN THE TERM OF
SAID NEW AGREEMENT WHICH AGREEMENT MAY BE EXECUTED
BY THE CITY MANAGER WITHOUT ANY FURTHER APPROVAL BY
THE CITY COMMISSION.
s
8 September 7, 1993
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.10 AUTHORIZE AGREEMENT WITH HOUSING OPPORTUNITIES PROJECT FOR EXC'EL04CE,
INC. (HOPE) TO PROVIDE ADMINISTRATIVE GRANT FOR IMPLEMEMATION OF FAIR
HOUSING ENFORCEMENT AND EDUCATION OUTREACH ACTIVITIES WITHIN CITY'S
HOUSING PROGRAM -- ALLOCATE FUNDS FROM CDBG PROGRAM ($50,000).
RESOUTTION NO. 93-515
A RESOLUTION, WITH ATTAODENP, AUTHORIZING THE CITY
MANAGER TO ENTER INM AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH HOUSING OPPORTUNITIES
PROJECT FOR DQ LENCE, INC. (HOPE), A FLORIDA NON-
PROFIT CORPORATION, TO PROVIDE AN ADMINISTRATIVE
GRAND IN THE AMOUNT OF $50,000 FOR THE
IMPLEMENTATION OF FAIR HOUSING ENFORCEMENT AND
EDUCATION OUTREACH ACTIVITIES WITHIN THE CITY'S
HOUSING PROGRAM; ALLOCATING FUNDS THEREFOR FROM THE
COMMUNITY DEVELOPMENT BLOCK GRAND PROGRAM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.11 RATIFY CITY MANAGER'S ACTION IN AWARDING PROFESSIONAL SERVICE AGREEMENT
TO GLADYS KIDD & ASSOCIATES, TO PROVIDE EDUCATION AND PUBLIC MATERIALS
AND SERVICE REGARDING RECYCLING AND COMPOSTING ACTIVITIES, CITYWIDE, FOR
DEPARTMEU OF GSA AND SOLID WASTE.
RESOLITTION NO. 93-516
A RESOI;JTION, WITH ATTAQ-RUM, RATIFYING, APPROVING
AND CONFIRMING THE ACTION OF THE CITY MANAGER
IN
AWARDING A PROFESSIONAL SERVICE AGREE[
IN
,
SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN
GLADYS KIDD & ASSOCIATES AND THE CITY OF MIAMI
TO
PROVIDE EDUCATION AND PUBLIC MATERIALS AND SERVICE
REGARDING RECYCLING AND COMPOSTING ACTIVITIES
FOR
RESIDENTS CITYWIDE FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE AT A TOTAL
PROPOSED AMOUNT OF $25,000; ALLOCATING FUNDS
THEREFOR FROM FY '93 SOLID WASTE REDUCTION:
RECYCLING AND EDUCATION GRANT FUND, PROJECT
NO.
197005, ACCOUNT CODE NO. 421303-340.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9 September 7, 1993
IN
3.12 AMEND EXISTING CONTRACT WITH MIAMI-DADE OONIM[)NITY COUEGE (MDCC) ,
THEREBY EXT'ErII?ING PERIOD OF SAID CONTRACT FOR CITY'S RENDERING OF IN-
SERVICE FIRE TRAINING,
RESOLUTION NO. 93-517
A RESOLUTION, WITH ATTACEIIMNTS, AUTHORIZING THE CITY
MANAGER TO AMEND THE EXISTING AGREEMENT BETWEEN THE
CITY OF MIAMI AND MIAMI-DADE COMhIIJNITY COLLEGE
(M.D.C.C.) FOR THE CITY'S RENDERING OF IN-SERVICE
FIRE TRAINING, THEREBY EXTENDIP3G THE PERIOD OF SAID
AGREEMENT FROM AUGUST 1, 1993 THROUGH JULY 31, 1994,
SAID AMENDMENT TO BE EXECUTED IN SUBSTANTIALLY THE
ATTACHED FORM, WITH FUNDS 7VEREFOR BEING ALLOCATED
FROM THE FIRE, RESCUE AND INSPECTION SERVICES
DEPA.RTMMr'S GENERAL OPERATING BUDGET ACCOUNT CODE
NO. 280201-180.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.13 EXECUTE LEASE AGREIIMNT WITH METROPOLITAN DADE COUNTY FOR RENTAL OF
4,088 SQUARE FEET OF SPACE IN OVERTOWN SHOPPING CENTER. (See label 10)
RESOLUTION NO. 93-518
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A LEASE AGREIIOI'r IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH METROPOLITAN DADE COUNTY FOR THE
RENTAL OF 4,088 SQUARE FEET OF SPACE IN THE OVERTOWN
SHOPPING CENTER, LOCATED AT 1490 NORTHWEST 3RD
AVENUE, MIAMI, FLORIDA, FOR AN INITIAL TERM OF ONE
YEAR FROM JULY 23, 1992 THROUGH JULY 22, 1993, AT
$5.25 PER SQUARE FOOT, FOR A TOTAL ANNUAL RENT OF
$21,462, PAYABLE IN 3WELVE EQUAL 14ONTHLY
INSTALUVENI'S OF $1,788.50; FURTHER AUTHORIZING THE
CITY MANAGER AT HIS DISCRETION TO EXTEND SAID LEASE
AFTER ITS EXPIRATION ON A MONTH -TO -MONTH BASIS AND
TO RENEGOTIATE SAID RENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10 September 7, 1993
3.14 ESTABLISH SPECIAL CHARGES / TERMS / CONDITIONS FOR USE OF ORANGE BOWL
STADIUM BY TOPNOTCH ENIEERTAIIMTT CORPORATION FOR PRESENTATION OF UP TO
TWO CONCERTS -- GRAM OPTION FOR SIMILAR CONCERTS FOR NEXT TWO SUPER
BOWLS TAKING PLACE IN DADE, BROWARD, PALM BEACH, OR MONROE COUNTIES --
AUTHORIZE AGREEMENTS.
RESOLUTION NO. 93-519
A RESOLUTION, WITH ATTACE1fT, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE
ORANGE BOWL STADIUM BY TOPbX)TCH FBIERTAINMENT
CORPORATION ("TOPNC7IC�i") FOR THE PRESENTATION OF UP
TO TWU (2) CONCERTS AT SAID FACILITY ON JANUARY 27
AND 28, 1995; FURTHER GRANTING TOPNOTCH FIRST OPTION
TO SCHEDULE SIMILAR CONCERTS AT SAID FACILITY FOR
THE NEXT TWO (2) SUPER BOWLS TAKING PLACE It'd DADE,
BROWARD, PALM BEACH, OR MONROE COUNTIES SUBJECT TO
TERMS AND CONDITIONS OF THE ATTACHED AGREEMENT;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND TOPNOTCH FOR THIS
PURPOSE, SUBJECT TO THE ORGANIZERS OBTAINING
INSURANCE 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.)
3.15 (A) EXECUTE GRANT OF TEMPORARY CONSTRUCTION EASEMENT WITH FLORIDA
DEPAR'TMW OF TRANSPORTATION (FDOT) FOR PROPERTY KNOWN AS "PARCEL 700"
ON WATSON ISLAND -- FOR REPAVING OF INGRESS / EGRESS AREA OF THE ACCESS
ROADS TO WATSON ISLAND -- (B) EXECUTE GRANT OF PERMA MU EASEMENT WITH
FDOT FOR PROPERTY I40M AS "PARCEL 801" ON WATSON ISLAND -- FOR
CONSTRUCTION / INSTALLATION / MAINTENANCE OF SIDEWALKS ON CITY -OWNED
LAND.
September 7, 1993
i
RESOLUTION NO. 93-520
A RESOLUTION, WITH ATTcvmm, AUTHORIZING THE CITY
MANGER TO EXECUTE A GRAM OF TEMPORARY CONSTRUCTION
EASEMENT IN SUBSTANTIALLY THE ATTACHED FORM, BELT
THE FIARIDA DEPARTMENT OF TRANSPORTATION (THE
"FDOT") AND THE CITY OF MIAMI GRANTING A TEMPORARY
CONSTR&CTION EASEMENT TO FDOT FOR THE PROPERTY KNOWN
AS "PARCEL. 700" ON WATSON ISLAND, FOR THE REPAVING
OF THE INGRESS AND EGRESS AREA OF THE ACCESS ROADS
TO WATSON ISLAND SUBJECT rM THE CONDITIONS MORE
PAR?'ICULARLY DESCRIBED HEREIN; AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT OF PERMANENT EASEMENT IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE FDOT
AND THE CITY OF MIAMI GRANTING A PERMANENT EASEMENT
TO FDOT FOR THE PROPERTY KNOWN AS "PARCEL 801" ON
WATSON ISLAND, FOR THE CONSTRUCTION, INSTALLATION
AND MAINTENANCE OF SIDEWALKS ON CITY -OWNED LADED;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE FDOT AND/OR THE FEDERAL AVIATION
ADMINISTRATION WHICH MAY BECOME NECESSARY TO
IMPLY' SAID GRANTS OF EASEMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.16 ALLOCATE $18,000 FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE
CIVIL SERVICE BOARD.
RESOLUTION NO. 93-521
A RESOLUTION ALLJOC.ATING AN AMOUNT NOT TO EXCEED
$18,000 FROM THE FY '93-94 BUDCGEI'ED FUNDS OF THE
CIVIL SERVICE OFFICE, ACCOUNT NO. 240101-250, FOR
PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE
CIVIL SERVICE BOARD.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
12 September 7, 1993
F„4)1
3.17 GRANT REQUEST FOR RELAXATION ON TIME LIMITATIONS ON DISPLAY OF FIREWORKS
FOR: (1) CARNAVAL MIAMI 1994 NIGHT AT THE ORANGE BUKL STADIUM; (2) FOR
A SPONSORS PARTY IN THE VIZCAYA AREA; AND (3) FOR CARNAVAL MUM
INTERNATIONAL AT BAYFRONT PARK.
RESOLUTION NO. 93-522
A RESOLUTION RELATED TO CARNAVAL MIAMI 1994;
AUTHORIZING THE RELAXATION OF TIME LIMITATIONS ON
THE DISPLAY OF FIREWORKS TO ALLOW THE STAGING OF
PYROTECHNIC DISPLAYS UNTIL 12:00 MIDNIGHT FOR
CARNAVAL NIGHT AT THE ORAL BOWL STADIUM ON MARCH
5, 1994, FOR A SPONSORS PARTY IN THE VIZCAYA AREA ON
MARCH 11, 1994, AND FOR CARNAVAL MIAMI INTERNATIONAL
AT BAYFRONT PARK ON MARCH 12, 1994, SUBJECT TO THE
ISSUANCE OF APPROPRIATE PERMITS FROM THE DEPARTMENT
OF FIRE, RESCUE AND INSPECTION SERVICES;
CONDITIONING ALL APPROVALS AND AUTHORIZATIONS HEREIN
UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS
OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH
SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE
CITY IN THE AMOUNT' 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.)
3.18 CLASSIFY 300 FIREFIGHTING BUNKER GEAR SETS AS CATEGORY "A" SURPIZJS
STOCK -- DONATE 250 SETS TO THE FOLLOWING CITIES: COMODORO, ARGENTINA;
GALVEZ, ARGENrINA; LAS PAIMAS, CANARY ISLANDS; CALI, COLOMBIA; SAN JOSE,
COSTA RICA; SA M DOMINO, DOMINICAN REPUBLIC; AND MANAGUA, NICARAGUA --
FURIMR SETTING ASIDE 50 SETS FOR PORT -AU -PRINCE, HAITI, UPON LIFTING OF
THE EMBARGO PLACED ON SAID CITY. [Note: This item was later
reconsidered, passed and adopted, as modified -- see label 11).
13 September 7, 1993
r
i
RESOUTTION NO. 93-523
A RESOLUTION CLASSIFYING 300 FIREFIGHTING BUNKER
GEAR SETS ("SETS") AS CATEGORY "A" SURPLUS STOCK AMID
DONATING 250 OF SAID SETS, AFTER THE EKECUTION OF f
THE APPROPRIATE RELEASE DOCUMEN S, IF NECESSARY, TO
THE CITIES OF: CON50DORO, AR=INA; GALVEZ,
ARGENTINA; L.AS PALMAS, CANARY ISLANDS; CALI,
COLCMBIA; SAN JOSE, COSTA RICA; SANFO DOMINGO,
DCMINICAN REPUBLIC; AND MANAGUA, NICARAGUA; SUCH
DONATIONS TO BE VALID AND EFFECTIVE BEMIEEN
SEP'TEMBER 8, 1993 TO SEP'TEMBER 7, 1994; SAID
EQUIRvOU TO BE USED BY THE AFORSvOUIONED CITIES IN
THEIR FIREFIGHTING EFFORTS, WITH ALL REPAIR,
TRANSPORTATION, PACKING AND SHIPPING COSTS TO BE
BORNE BY SAID CITIES; FURTHER SETTING ASIDE 50 SETS
FOR PORT -AU -PRINCE, IN THE REPUBLIC OF HAITI, AND
DONATING SAME UPON THE LIFTING OF THE EMBARGO OF
GOODS PLACED ON SAID NATION BY THE UNITED STATES OF
AMERICA AND OTHER MEMBER NATIONS OF THE ORGANIZATION
OF AMERICA STATES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
------------------------------------------------------------------------------
4. DENY PROPOSED RESOLUTION TO ACCEPT BID OF ALANIS SECURITY, INC. FOR
SECURITY GUARD SERVICES TO VARIOUS CITY DEPARIMENTTS .
------------------------------------------------------------------------------
Mayor Suarez: Item 3.
Cemni.ssioner Plummer: Mr. Manager, we had a corps of people that were called
guards in the downtown area, that were our people who we controlled, and that
was abolished.
Mr. Cesar Odio: Rangers.
Cammissioner Plumper: Rangers, I'm sorry. You're correct. And I'm
wondering, why are we going out, to outside services, to select a private
firth, and not doing it in-house? And is there a cost factor, and what is the
cost factor? And where are these guards going?
Commissioner Dawkins: I'd like to know, before you get started, what is the
difference in hiring this firm for this area, than hiring Wackenhut for the
downtown area? I mean, here, you're discussing private, but as long as it's
Wackenhut downtown, it's all right. But, now, here's another fine that's not
Wackenhut, and it's all wrong. I'd like to know what my Commissioner sees
wrong with it.
Commissioner Plumtmr: Well, Mr. Dawkins, first of all, Wackenhut downtown was
not hired by this Commission. It was hired by DDA (Downtown Development
14 September 7, 1993
Authority), and it was for a specific purpose, and the people in the downtown
paid for it. We did not pay for it. It was paid for by the merchants. I'm
merely asking as to why we had all of these rangers, and they suddenly
disappeared, or appeared, or whatever happened with than when they were
replaced by Wackenhut, and I'm just really questioning, how much money is this
going to cost, and is it really needed for security guards?
Commissioner Dawkins: In other words, all you're saying - I hope what I hear
you say is that, with the shortage of jobs and what, we should be getting jobs
to hire people in the City of Miami. Is that what we're saying?
Commissioner Plummer: Sir, that's exactly...
Commissioner Dawkins: If there's money.
Ccmmissioner Plummer: That's my point.
Commissioner Dawkins: OK. That's all right. I just...
CcmTLissioner Plummer: My point is not only that, but how much money are we
spending...
Commissioner Dawkins: But you have to say it in English.
Commissioner Plummer.: ... and what is it going for? That's the questions
that I have on the item.
Commmissioner Dawkins: OK. No problem. All right.
Mr. Ron Williams (Assistant City Manager): Let me, Commissioner Plummer, if I
may respond to that. This particular security guard service is essentially
requesting a bid be awarded at the rate, as in your package, of $7 to $8 per
hour. It specific...
Commissioner Plummer: Is that not about the rate we were paying the rangers,
our own people?
Mr. Williams: I really - I'm not sure what - I'm not sure what those
rangers .. .
Mr. Cesar Odio (City Manager): The rangers are gone. That was last - two
years ago.
Carmissioner Plummer: I understand, but is not that what we were paying them,
about that same price?
Mr. Odio: There are no rangers left, Commissioner. They are all gone.
Commissioner Plummer: Sir, I heard you the first time. My question still
is - for the second time - did we not pay the rangers about $8 an hour?
Mr. Williams: All right. Commissioner Plummer, I really don't know
specifically what they were paid.
15 September 7, 1993
Commissioner Plummer: Well, I think it was, all right? And my point is that
they were with our radios, instantly in contact with our people, and go ahead
from there. The Company - excuse me. Just for the record, I am not
protesting the company. I don't know who the company is, whcompanyher it's the
best, the worst, or what, Where are they going to be used, and what is the
total anticipated cost?
Mr. Williams: Let me - specifically, these security guard services will be
provided in three or four locations. Parks where there are security -related
problems; the GSA (General Services .Administration), Solid Waste Complex area
where we've had problems with security; downtown Administration Building. On
an as -needed basis, where there are security -related problems for City
facilities, specifically.
Commissioner Plummer: Which is all over the City of Miami.
Mr. Williams: That's true, but in some cases wherein, you know, there's
pilferage, after hours...
Commissioner Plummer: What is the anticipated cost?
Mr. Williams: On last year, we spent approximately $30,000. The total amount
is not there because it's on an as -needed basis. If there's not a problem,
certainly, the service will not be provided.
Commissioner Plummer: Thank you.
Commissioner Dawkins: To piggyback on what J.L. Plummer says, we're laying
off people daily. You're privatizing the entire City. We have people in the
City who are unemployed. Why - as following up with what J.L. Plummer said -
why wasn't the rangers thought of, to bring back the rangers or something to
give employment to people within the City of Miami?
Mr. Williams: Commissioner Dawkins, as I understand the ranger arrangement,
it was more security on the streets in the downtown area. There's a
specific...
Commissioner Dawkins: Oh, so because they were on the streets, you could not
move them to the area where you need, Mr. Williams?
Mr. Williams: Well, yeah, I believe you...
Commissioner Dawkins: Now, wait now. No, no, no. Because they were on the
streets, it's impossible for us to take them off the streets and move them
into the areas that you're talking about? Is that...
Commissioner Plummer: So now we're spending $300,000 to Wackenhut.
Mr. Williams: Certainly, that's not impossible, Commissioner.
Commissioner Dawkins: OK. Thank you. I mean, well, don't - you know, don't
do that to me.
Commissioner Plummer: You looking to me?
16 September 7, 1993
Mayor Suarez: Yeah, anyone...
Commissioner Plummer: I move to deny.
Mayor Suarez: Moved to deny. Do we have a second on the motion to deny? Do
We have a second on the motion to deny?
Canmissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion on the motion to deny? If not,
please call the troll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-524
A MDTION TO DENY PROPOSED RESOLUTION TO ACCEPT BID OF
ALANIS SECURITY, INC. FOR THE FURNISHING OF SECURITY
CARD SERVICES TO VARIOUS CITY DEPARTMENTS ON AN AS -
NEEDED BASIS FOR THE PERIOD OF ONE YEAR WITH AN OPTION
FOR EXTENSION OF SAID CON'1RAC'T, FOR THE DEPAMMMr OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE.
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
NOES: Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonzo: Yes. The only regret that I have is that we don't award
often black companies contracts, and this is a black company that has been
awarded. But, of course, I agree that we should give jobs to the residents of
Miami.
Commissioner Dawkins: Being black and being a black company still does not
alter the fact that there are many black people in the City of Miami
unemployed. Therefore, I would have to vote no.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Mr. Mayor, excuse me. That doesn't end it. I would
hope now that the Administration would proceed in the justification of the
need of those individuals to hire in-house what we need. It immediately comes
to my mind that we have a lot of police officers on light duty who could
17 September 7, 1993
possibly serve in that capacity, or you could go back to the ranger program.
So I would hope that we're not going to be leaving an unsecured scenario that
we can't handle in-house. That would be my hope.
Commissioner Alonso: Yes. If I may, Mr. Mayor, I'd like to ask the Manager,
just following the line of questioning of Commissioner Plummer, how is it
going to be - how are we going to solve this situation in the present
circumstances, when we turn down the bid?
Mr. Odio: I don't know, I have to look into it. But it will probably cost us
three times as much as we were proposing here, because you cannot hire
someone, put him on payroll, and use him when you want to. You will have to -
this was on call. We needed someone here for eight hours, you paid eight
hours. Now, you hire a City employee...
Cc m issioner Alonso: Did you look into the situation during the day...
Mr. Odio: You hire somebody, you're paying fifteen to twenty thousand per
person. So...
Commissioner Dawkins: When you hire people, Mr. Odio, as "99s" for the
garbage, pick up the garbage, you hire them permanently, or do you hire them
on call and on an as -needed basis?
Mr. Odio: No, no, those are temporaries. But we...
Commissioner Dawkins:
OK. No, wait. I mean, but - but, you see,
you
always - now that's no
reflection. You all always tell me how not to do
it.
You never cane and tell
me how we can do it.
Mr. Odio: No, I didn't say that. I said I have to look into it.
CamAssioner Dawkins:
Oh, OK. I'm sorry, then. OK.
Commissioner Plummer:
Well, to just...
Mr. Odio: Because this
just came up now. But it will cost more.
Commissioner Plummer:
.lust for justification. If they were talking in
the
neighborhood of 30,000,
it was my recollection that the rangers made 12.
Mr. Odio: One, one.
Commissioner Plummier:
Per.
Mr. Odio: Per.
Commissioner Plummier:
So if it's as needed, and you hired two rangers, you'd
be 6,000 ahead of the game, if it's being used as needed. So that's all
I'm
saying, is to look into it and report back to the Cammission. It's just
that
simple.
Commissioner Alonso: And if you could give us an answer before this session
is over today, we'll really appreciate it.
18 September 7, 1993
---------------------------------------------------------------------------.---
5. DISCUSS AND WITHDRAW PROPOSED RESOLUTION TO ACCEPT BID OF TRI-CITY
ELE IRIC COMPANY, INC. FOR FURNISHING OF FULL ELECTRICAL MAINPEMNCE AND
EVENT STANDBY SERVICES AT ORANGE BOWL STADIUM.
Mayor Suarez: Charlie?
Mr. Cox: Yes. I'd like to address CA-8, and it's a bid to go out for the
electrical maintenance of the Orange Bowl.
Commissioner Dawkins: No, Charlie. It's accepting the bid. That's not to go
out, Charlie.
Mr. Cox: No, it's accepted.
Commissioner Dawkins: It has already been bidded.
Mr. Cox: Correct.
Commissioner Dawkins: OK. Go ahead.
Mr. Cox: It's for your approval.
Commissioner Dawkins: Yes. Oh.
Mr. Cox: The companies that bid on this - and I'm sure they're reputable
companies - but when you look at our salary scales, they're going to be paying
these companies $34 for normal Monday through Friday rates. I can tell you I
am a lineman, OK? The other linemen that work - I've brought the salary
schedules -I make $19 an hour, not 34. If I work evenings and Saturdays, I
get time and a half, which is $30 - not even $30, not $43 an hour. Saturdays
and - Sundays and holidays, we still only get time and a half. We don't get
an extra rate for Sundays or holidays. I don't understand. When you sit
here, you tell me we've got to agree to a residency rule. I say, OK, I agree
with all of you. You go and they're asking you to hire a company. Do every
one of their employees live in the City of Miami? Are they going outside the
City of Miami? You ask us to make sure that we hire minorities and so forth.
You're taking a contract for a nonminority company. Are we going to give all
our work away? If that's what we want to do, we want to give all our work
away, then I'm going to be up here as one union president opposing everything
that goes on here. And especially when they can put in paper that this is
going to cost $20,000, and yet, they give hourly rates. What's going to
happen when the $20, 000 is gone? Are they going to have to came up here and
say, wait a minute, we still need more work done at the Orange Bowl? Nobody
knows how many lights are going to go out. Nobody knows how many times
something is going to go wrong that we're going to have to maintain there. I
will justly say to you that, yes, we are down on manpower in the City, but
that does not give justification to go outside. I came to this Commission
before about hiring people. Miller said we can go out on any street corner
and hire the people. Well, we're not even given an opportunity now to go out
on the street corners and hire the people to do the job. We're down to one
19 September 7, 1993
Ps'
lineman in the City, one. I am another one. I am the full-time union
president, so I'm not there. But nobody has came to me and said, "Charlie,
we're in a bind. Can you go over there and work when we have these events?"
Jim Reato was promoted to Assistant Superintendent. Nobody has went to Jim
Reato and said, "Jim, if we're in a bind, will you go over there and work
these events to help the City out?" I will tell you on the record that if the
City came to me and said, yes, instead of putting our work out to bids, until
we can hire some linemen, will I do that? Yes, I will. I think Jim Reato
would do the same thing. But if you want to compare apples to apples, then
put our true salaries there, and I'll be happy to share the salary records
with anybody here - they cone straight from the City - and then compare it to
the hourly rate that's being charged to you. And if you want to put on
qualifications, does Tri-City have linemen? Because that's primary power over
there. When they did all the repairs at the orange Bowl, our linemen had to
go over there and kill the primary so that they could do the secondary work.
Are they going to bring licensed linemen in here that came from the power
company or the contractors, just like all you City employees did? Are they
going to have to compete on the same fair basis as we compete on?
Mr. Cesar od.io (City Manager): Mr. Mayor, let me withdraw this item and see
if they can provide the same services...
Commissioner Dawkins: Before you withdraw the item, Mr. Manager...
Mayor Suarez: Commissioner Dawkins, and then we'll figure out if we need to
argue anymore.
Commissioner Dawkins: What's the gentlemen's name, Charlie, who rides around
in the truck and...
Mr. Cox: Bernie Troutman.
Commissioner Dawkins: What's his name?
Mr. Cox: Bernie Troutman. And his salary is about $13 an hour.
Commissioner Dawkins: What?
Mr. Cox: And his salary is about $13 an hour.
Commissioner Dawkins: OK. Now, there's a gentleman who - he works day,
night, mornings, afternoons.
Mr. Cox: That's correct.
Commissioner Dawkins: OK.
Mr. Cox: We all do on the line crew.
Commissioner Dawkins: And whenever you need him, he's there.
Mr. Cox: That's correct.
Commissioner Dawkins: On Saturdays and Sundays.
20 September 7, 1993
4
Mr. Cox: Mm-hmm.
Commissioner Dawkins: And yet, here, they want to pay somebody $66 an hour,
and he makes 13.
Mr. Cox: Correct.
Commissioner Plummer: Sixty-six? No.
Commissioner Dawkins: I think Mr. ...
Commissioner Plummer: Excuse me. Where's the 66? I didn't see that.
Commissioner Dawkins: Here, right here.
Mr. Cox: It's right in your bid package.
Commissioner Dawkins: In your - back up. You got one for $78 for Saturday
and Sunday.
Mr. Cox: Theirs is 56. Tri-City is 56.
Commissioner Plummer: Oh, OK. All right. All right. I'm sorry. That's not
the one recommended.
Mr. Cox: No.
Commissioner Plummer: That's where I was wrong.
Commissioner Dawkins: But, Mr. Manager, I would like to - there again - to
see how to - forget about Charlie, Charlie's getting ready to retire.
Mr. Cox: Twelve years. In a heartbeat.
Commissioner Dawkins: Forget about the other gentleman.
Commissioner Plummer: Twelve more years?
Commissioner Dawkins: What we need to - try to find a methodology for
bringing two - I don't know - two people in some kind of a way as trainees,
apprentices, or something, because at - I have to agree with Charlie. I don't
see how this could remain at $20, 000, especially when the events that we do
are on Saturday and Sunday. We have very few events on Monday - I mean Monday
and Friday. So therefore, all of the hours would be at the $56 an hour rate.
So I would hope that the Manager - I'm happy to see him withdrawing this, but
I'd like to see you come back with something different than this.
Mr. Odio: OK.
Commissioner Dawkins: And not because Charlie threatened me, you know.
Mayor Suarez: Charlie, did you want to address the - have you finished,
Commissioner?
21 September 7, 1993
t
Mr. D. R. Borden, Jr.: With all due respect, Commissioner Dawkins, can I kind
of rebut this gentleman? No matter what...
Mayor Suarez: Yes, absolutely.
Mr. Borden: ... what the Commission...
Mayor Suarez: And give us your name, please.
Mr. Borden: My name is D. R. Borden, Jr. I'm president and owner of Tri-City
Electric. My family has been in business in Dade County, in the City of
Miami, at the same location since 1946. Our address is 2900 Northwest 7th
Street. I'd also like to - with due respect to Commissioner Dawkins - tell
you the makeup of my work staff. Because of the ethnicity of the background
of our local community, 70 percent of my work force is either Hispanic or
black. In rebuttal to wages, I think one thing that the Commission and the
Mayor should understand, too, is my people actually make less an hour than
this gentleman just said. He has totally disregarded the fact that a fair
employer, which the City of Miami is, gives the employees fringe benefits
which cost money. We provide all of our employees with retirement programs,
with health and welfare, and if you add that to his cost, you're going to find
out, I think, that we are cheaper. When you make this decision, I sincerely
hope that you think about the people who have been loyal to the City of Miami.,
who have paid their taxes, who have not left, who have qualified people - and
I might add that all of my people are licensed and are perfectly capable of
doing that work. We do five KV and 13 KV work all the time, and we have
references for that. But in the end result, I think that we are qualified. I
think that we are competitive from a wage standpoint, and I think, although we
are not a minority -owned business, the proof of the pudding is our employees
are minorities, and they have to be, because that's the work force in the City
of Miami. and Dade County now.
Commissioner Dawkins: Are you telling me, sir, that all of your employees
reside within the City boundaries of the City of Miami?
Mr. Borden: I cannot tell you that, sir.
Commissioner Dawkins: OK.
Mr. Borden: But I can tell you that my work force makeup is - and if it need
be - if you need...
Commissioner Dawkins: Oh, on, no, no. I heard that, and I just was trying to
get it clear.
Mr. Borden: No, no. I can verify that they do. What I'm saying though, is,
if it need be a part of this contract, I can assure the Commission that the
people that work on that program will be residents of the City of Miami.,
because in your case, Commissioner Dawkins, from the black community, I have
seven blacks that work for my firm, and they're electricians that work on a
daily basis.
Commissioner Dawkins: Licensed?
22 September 7, 1993
t
Mr. Borden: Yes, sir.
Commissioner. Dawkins: Thank you.
Mr. Tony Pajares: Mr. Mayor, I'd like to put on the record, the reason we
went out for this, we intend to use City electricians for the events. The
reason we put this money out is in the event that the City, for whatever
reason - one is sick, one can't cane - and we have an event, we need to call
somebody for an event. That's the only reason. That's why it's only 20,000.
Mayor Suarez: Is it a backup type contract? Is that what it is?
Mr. Odio: Backup type.
Mr. Pajares: I mean...
Mr. Odio: But I - if it satisfies Charlie, we'll meet and I'll bring it back,
if we agree. If we don't agree, and I still think we're right, I'll bring it
back. But I want to give a chance to - I didn't know his objections until
now. Just as a matter of sitting down and talking to him, if he cannot
convince us, we'll bring it back, anyway, one way or the other.
Mayor Suarez: All right. The item is withdrawn.
--------------------------------------------------
NOTE FOR '.BE RECORD: At this point, the
Administration withdrew agenda item CA-8.
-------------------------------------------------
------------------------------------------------------------------------------
6. (CONTINUED DISCUSSION) CLARIFYING camHNm CONCERNING AGENDA ITEM CA-6
(ACCEPTANCE OF BID OF SOLO PRINTING FOR THE PRINTING / BINDING OF POLICE
DEPA IMEW'S ANNUAL REPORT. (See label 3.5)
------------------------------------------------------------------------------
Mayor Suarez: Item 10.
Camii.ssioner Plummer: Mr. Mayor, may I inquire very quickly?
Mayor Suarez: Surely.
CamLissioner Dawkins: No, no, not item 10. He withdraw 8.
Camiissioner Alonso: Item 10 - 8, 8.
Co mi ssioner Plummer: Eight is withdrawn.
Commissioner Dawkins: Item 8 was withdrawn.
f
Camussioner Plummer: That was item 8 you just had there.
Commissioner issioner Alonso: And ten we voted on.
23 September 7, 1993
Cammissioner Plummer: Mr. Manager, can I ask, on item 6, we're spending
$88,00 on a police public relations. Where do those things go? I mean, we're
printing booklets here. What are they used for? Is $88,00 really necessary
to publicize the Police Department? How many of them are printed, and where -
send me a memo, please. OK? Where do they go to? Who gets them? Who
receives them? All right?
Commissioner Dawkins: The Atlanta Police Department.
Commissioner Plummer: Well, I don't know who gets them.
Mayor Suarez: Remember the old system that worked probably better than any
other single thing the police could do for public relations? If - I don't
know what you mean by "public relations" here, Mr. Manager, but the cards that
the police would give with the schedule of the Dolphins or the other teams
that play in town to the kids would probably do more for police community
relations than any other single thing that they could do. Wonder why they
don't do it.
Commissioner Plummier: Thank you, Mr. Mayor.
Mayor Suarez: All right. Thank you, Commissioner.
------------------------------------------------------------------------------
7. (A) ACCEPT BID: LEADEX CORPORATION FOR FURNISHING/INSTALIATION OF
PLAYGROUND EQUIPMENT FOR PARKS DEPAM= (GIBSON AND HADLEY PARKS).
(B) RECONSIDER ABOVE RESOLUTION.
(C) ACCEPT BID: LEADEX CORPORATION FOR FURNISHING AND INSTALLATION OF
PLAYGROUND EQUIPMENT FOR PARKS DEPAR'I=(ON GIBSON PARK, AS
ORIGINALLY
PRESENTED) .
(D) DIRECT CITY MANAGER TO SEEK THREE (3) BIDS (OVER THE TELEPHONE) FOR
PLAYGROUM EQUIPMENT FOR HADLEY PARK AND TO AWARD SAME ON EMERGENCY
BASIS, LATER TO BE RATIFIED BY THE CITY COi44ISSION.
------------------------------------------------------------------------------
Mayor Suarez: Item 10, I thought...
Commissioner Dawkins: Item 10...
Commissioner Alonso: He pulled it.
Commissioner Plummer: Miller pulled it.
Commissioner Dawkins: Item 10.
Commissioner Alonso : Yes.
Mayor Suarez: And 12, right?
Commissioner Dawkins: At one time, Mr. Mayor and fellow Commissioners...
24 September 7, 1993
1
Commissioner Alonso: And 12 and 19.
Commissioner Dawkins: I was told that there was money to redo the playground
at Hadley Park. When I spoke with the Manager, the Manager remmmbered it. So
therefore, we have an amended resolution to do both the parks as promised the
citizenry, and that's the one that I have here. And it says: "A resolution
accepting a bid for playground equipment in Gibson and Hadley Parks for the
Department of Parks and Recreation, at a total cost of $109,920."
Commissioner Plummer: That wasn't the bid.
Commissioner Dawkins: And I so move.
Mr. Cesar Odio (City Manager) It was bid.
Commissioner Plummer: Excuse me.
Mr. Odio: It was bid.
Commissioner Plummer: Was it bid at 109,000?
Commissioner Dawkins: No.
Ms. Diane Johnson: It was bid for one playground equipment. We asked the
contractor would he be willing to give us the identical playground equipment
at the same cost, and he agreed. It was...
Commissioner Plummer: How can you do that and say that you have integrity of
the bidding?
Ms. Johnson: We are buying the...
Commissioner Plummer: See, let me tell you where my problem comes. In
spending the money, that's fine, and we should do it, because we made a
commitment. But, you know, I got a problem when you're spending $100,000, and
you send out 41 bids, as hungry as people are in this town, and you only get
two responses. Something is wrong.
Commissioner Alonso: Yes, yes.
Mr. Odio: Not every deal - not everybody deals with playground equipment,
number one. We do have an emergency at Hadley. I went there personally. You
don't want kids playing in that kind of equipment.
Commissioner Plummer: Mr. Manager, that's not my point. You know...
Mr. Odin: What is the point? That people didn't bid on it?
Commissioner Plummer: Don't came crying heart strings that it's a safety
question. I'm not broaching safety. I have never done that in the 23 years
that I've sat here, and I won't do it today. I am questioning the integrity
of the bidding procedure, number one; that what you have done is gone from one
bid and more than doubled it, which - fine, 109,000 to spend in that park, I
think is money well spent. But you have lost the...
25 September 7, 1993
Commissioner Alonso : Two parks.
Commissioner Plummer: There's two parts. You've lost the integrity, in MY
estimation, of the bidding procedure; and number two, I'm still questioning,
when you've got that kind of money to spend, you send out 41 invitations, and
only two bid. Something is wrong. Either the bids are wrong - I cannot
believe that people would not be caning forth. I just can't believe in
today's conditions. People are hungry out there.
Commissioner Alonso: I have always questioned the invitations.
Ms. Johnson: The range of responses on playground generally has been anywhere
from, you know, two bidders to five bidders. Rarely do we get more than five
bidders responding to any of our playground bids in the last, you know, six,
eight months.
Commissioner Plummer: I would ask the Administration, please, to follow up
with a letter to the 39 people you sent invitations to and did not receive
bids and ask them would they please say why.
Ms. Johnson: Will do.
Commissioner Plummer: Something is wrong around here. It's like with that
auto rental contract. A half a million dollars, and I don't know of a more
"dog eat dog" kind of business in this community than auto rentals.
Commissioner Dawkins: I move to pull the item and let the Manager rebid it.
Ms. Johnson: Could we award the bid for Gibson?
Commissioner Plummer: I think we can award the one bid and then go out on the
other one, of course.
Commissioner Dawkins: No. You know, no, I'm not going to do that. No, no.
I'm not going to let you fix up one park and don't fix up the other one.
Commissioner Plummer: All right, sir, then we'll go back.
Commissioner Dawkins: Now, you all either fix up one or none.
Commissioner issioner Plummer: All right, sir.
Commissioner Dawkins: I mean two or none. Come on, let's go. I mean, you
promised the citizens ten months ago that we were going to do Hadley Park.
Commissioner Plummer: Can you do it in two weeks, Mr. Manager?
Commissioner Dawkins: Now, today, you come up here and you leave Hadley Park
off, and you go with Gibson Park, which needs it just as bad as any other
park.
Vice Mayor De Yurre: Well, this is no different - if I may - this is no
different than when we tie in with the County on a bid that they have and say,
hey, that was the lowest bid that they had, provide us with the same thing.
26 September 7, 1993
W
Ms. Johnson: Precisely.
M
Vice Mayor De Yurre: I feel that what J.L. is saying is true. Let's find
out. Let's follow up and find out why these people don't bid. And maybe
that's just the way that the industry is and that we can't do anything about
it. But maybe there might be a response that will give us some latitude as
far as changing the system a little bit, allowing others to get involved. But
I see no problem with going ahead with this and getting it done as fast as
possible.
Commissioner Plummer: Make your motion.
Commissioner Dawkins: So moved.
Mayor Suarez: So moved.
Vice Mayor De Yurre: Second.
Mayor Suarez: Any further discussion on it? Did we have a second? I gather
that you're seconding, Mr. Vice Mayor.
Vice Mayor De Yurre: Yes, sir.
Mayor Suarez: Any further discussion? If not, please call the roll.
The following resolution was introduced by Cc mi.ssioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-525
A RESOLUTION ACCEPTING THE BID OF LEADEX CORPORATION
FOR THE FURNISHING AND INSTALLATION OF PLAYGUM
EQUIPMENT IN GIBSON AND HADLEY PARKS FOR THE
DEPAR ME'Rr OF PARKS AND RECREATION AT A TOTAL PROPOSED
COST OF $109,920; ALIOCATING FUNDS THEREFOR IN THE
AN1OM OF $54,960 FROM THE CAPITAL IMPROVEMENT PROJECT
NO. 331341 WITH THE BALANCE TO BE IDENTIFIED BY THE
CITY MANAGER; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PR(X:tJRE TENT 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.)
27 September 7, 1993
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
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
CCbM? 'S MADE DURING ROLL CALL:
Commissioner Plummer: For reasons so stated, I have to vote no.
CCeM ENTS MADE AFTER ROLL CALL:
Commissioner Dawkins: Item 23...
Commissioner Alonso: May I ask a question, please? Why it took ten months,
and it took the action of Commissioner Dawkins today in order to finally get
this approved, something that has been promised to the community?
Mr. Alberto Ruder: You're talking about the Hadley Park specifically.
Commissioner Alonso: Yes, I am.
Mr. Ruder: It took a while to identify the money, and there's been other
things going on at the park, like hurricane repairs and things like that, and
it's just something that we just didn't get to till now.
Commissioner Alonso: I think we have to move on and forget about the
hurricane, and think that it's - a year has passed and we have to continue
with our lives, and that we cannot really take ten months to comply with
something that we have all promised the community, and the money was there.
It's really too long of a time to finalize, and actually, it was the action of
the Commissioner today who completed the process.
A. Quinn Jones, III, Esq. (City Attorney) : Mr. Mayor, if I might, is it my
understanding that that was awarded to Gibson, or to do both? Because you've
got...
Mayor Suarez: I thought the motion - I understood the motion was as to both.
Let me just clarify.
Commissioner Alonso: Both.
Commissioner Dawkins: Both.
Mayor Suarez: Commissioner and Mr. Vice Mayor, you both understood that the
motion was as to both of these, right?
ComLissioner Alonso: Both.
28 September 7, 1993
Mr. Jones: Because you do have a - legally, you do have a problem, because
that was not included in the original bid.
Commissioner Plummer: Ha -ha-ha. Where were you when I needed you?
Mr. Jones: Well, I didn't get a chance to...
Commissioner Dawkins: OK. Well, why - where was he when...
Commissioner Alonso: I thought that you were in agreement.
Commissioner Dawkins: He's saying that we got a legal problem.
Commissioner Alonso: I thought that you were in agreement when Commissioner
De Yurre stated it was not different.
Commissioner Plummer: (Unintelligible.)
Mayor Suarez: Madam City Clerk, can I table the item at this point, or do we
need to reconsider?
Commissioner Dawkins: Reconsider.
Mr. Odio: Let's table it, but just for the record, we did check with the Law
Department.
Ms. Matty Hirai (City Clerk): If the action has been taken, we would need to
reconsider, Mr. Mayor.
Mayor Suarez: All right. I was going to be inclined to just table it, if I
could have done that procedurally, but it sounds like we need to reconsider.
Commissioner Dawkins: He said it's illegal. I move to reconsider, Mr. Mayor.
Vice Mayor De Yurre: What's illegal about it?
Mr. Jones: The problem is, the scope of the work for Hadley was not included
in the bid.
Commissioner Plummer: That's what I said.
Vice Mayor De Yurre: Can we just go ahead and vote on them separately?
Mr. Jones: No. What I'm saying to you is that the scope of the work that the
bids were requested for was only for Gibson Park. It had nothing to do with
Hadley. So to the extent that you're going to tack on Hadley on this project,
you're going to subject yourself to perhaps the unsuccessful bidder
protesting.
Commissioner Dawkins: All right. What's your recamiendation? What's your
recommendation?
29 September 7, 1993
Mr. Jones: My reccamiendation is that you either rebid it, or go ahead and
award the bid to Gibson, and send a separate bid out for the work for Hadley.
I follow...
Commissioner Alonso: Please, in the future, for the integrity of this
Commission, before we take a vote, can we just air some of these opinions, so
that we don't look like fools voting for something that was not legal, and
then turning back and saying, what we did is not what we meant, and now, we
are going to change it.
Mr. Jones: Well, I apologize, Commissioner. It was my misunderstanding as to
what the vote was.
Ccmmissioner Plummer: I move to approve the recommendation for Hadley Park at
the price so indicated. I so trove.
Mayor Suarez: So I deem that to be a motion to reconsider. Please, somebody,
give me a second real quick.
Commissioner Dawkins: I said I'll move it. I move it.
Ccnvdssioner Alonso: He just moved it. That was a second.
Mayor Suarez: Thank you. Call the roll on the motion to reconsider.
Commissioner Plummer: Gibson Park.
Carmissioner Alonso: Gibson is the one on the agenda.
Commissioner Plummer: OK. Yes, for reconsideration.
The following motion was introduced by Cammissioner Plummer, who moved
its adoption:
MOTION NO. 93-526
A MOTION TO RECONSIDER PREVIOUSLY ADOPTED R-93-525 (A
RESOLUTION ACCEPTING THE BID OF LEADEX CORPORATION FOR
THE FURNISHING APED INSTALLATION OF PLAYGIMND
EQUIPME U IN GIBSON AND HADLEY PARKS)
( Note : Agenda item CA-10 was inw:L .diately thereafter
passed and adopted as proposed on the agenda, see R-
93-527.)
30 September 7, 1993
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner issioner 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 to approve the recommendation bidding for
Gibson Park.
Mayor Suarez: Before you move, Commissioner Plummer, may I suggest that we
table the item. Mr. City Attorney, would you confer with your colleagues, and
maybe later in the morning, if you conclude that the Assistant City Attorney
that may have suggested that this was appropriate, we can just take up the
full item. Thank you.
Vice Mayor De Yurre: Let me ask, what is the alternative?
Commissioner Plummer: Still Mr. Mayor - excuse me. Excuse me. I still make
my motion. If I don't get a second, I don't get a second. But I'm not going
to have...
Commissioner Alonso: Yes, second.
Commissioner Plummer: Approve Gibson Park.
Vice Mayor De Yurre: Hadley.
Commissioner Plummer: I'm not going to have the Manager say again that I'm
broaching safety, that it's needed immediately and I didn't do anything on it.
That, I will move as presented to this Commission in its legal form. I so
move. Now, you don't want to do it, vote it down.
Commissioner Alonso: He's moving the item. Do we have any objection?
Vice Mayor De Yurre: Mr. City Attorney?
Mr. Jones: Yes, sir.
Commissioner Plummer: I haven't got a second.
Mayor Suarez: Why don't we just table it?
Vice Mayor De Yurre: If we were to vote the way we just did previously, what
is the appeal procedure? They have like "X" amount of days to protest? How
many days?
31 September 7, 1993
1 aN
Mr. Jones: That's correct. I have to check, Commissioner. I don't know
offhand.
Commissioner Alonso: That's why he said that on the record, so - no, I'm
going to second. He said - he put that on the record. We can always bring it
back. Yes, I second. He's right. That was put on the record.
Mayor Suarez: As to the first, then we have a motion and a second, and we
understand which one that is.
Commissioner Plummer: The motion is to approve that recommended to the
Commission for Gibson Park.
Mr. Odio: May I offer a solution, please? Can I consider Hadley an
emergency, that we go out on bids, get the lowest bid and award it, based on
an emergency, so we don't have to bring it back here?
Commissioner Plumper: I have no problem, if it's legal. with the City
Attorney.
Mr. Odio: Well, the other one was legal, too, so I want to know.
Mayor Suarez: As to the motion before us, let's please vote on that.
Commissioner Plummer: My motion is on Gibson, and if you wish to have an
emergency on the other one, that's fine with me.
Mr. Odio: On Hadley, the...
Commissioner Plummer: As long as you go through the bidding procedure.
Mayor Suarez: Call the roll on the motion on Gibson, please.
Vice Mayor De Yurre: I'm still waiting for the answer fran the City Attorney.
Mayor Suarez: I'm sorry. You want to hold the vote on that?
Vice Mayor De Yurre: Yeah.
Mr. Jones: There's no protest in place. What you're asking is, that they
would probably just go ahead and file an action in court.
Vice Mayor De Yurre: Because of this.
Mr. Jones: The party that was unsuccessful. If you were to vote to include
both of the projects, but that's not what you're voting on. You're voting...
Vice Mayor De Yurre: And aren't we doing the same thing here by switching
parks? They may come back and say, "Well, I looked at"...
Commissioner Dawkins: No, they aren't. They aren't going to let you.
Commissioner Alonso: Separate item.
32 September 7, 1993
co
Vice Mayor De Yurre: No, we are now. Now, we're talking...
Commissioner Plummer: That which was recommended.
Mr. Jones: No, you're not. No. What's before you now is just a
recommendation to accept the work for the bid on Gibson.
Commissioner Plummer: Which is on the agenda.
Vice Mayor De Yurre: OK. So originally it was for Gibson, not Hadley.
Mr. Odio: It's Gibson.
Commissioner Plummer: That's correct.
Mr. Odio: Then on Hadley, I would declare an emergency, and go out on bids,
and then if you allow me to do so, I can award it without bringing it back
here to the lowest bid.
Commissioner Plummer: Sir, I have no problem with that. OK?
Mr. Odio: OK.
Ccmmi.ssioner Plummer: My motion is presently on the floor.
Mayor Suarez: Mr. Vice Mayor, any problem completing the roll call on that?
Vice Mayor De Yurre: Go ahead.
Mayor Suarez: OK. Madam City Clerk.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-527
A RESODUI'ION ACCEPTING THE BID OF LEADEX CORPORATION
FOR THE FURNISHING AND INSTALLATION OF PLAYG;0UND
EQUIPMENT FOR THE DEPAR'IT*IU OF PARKS AND RECREATION
AT A TOTAL PROPOSED COST OF $54,960.00; ALIAC'.ATING
FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 331341,
ACCOUNT CODE NO. 589301-860; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCU040T 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.)
33 September 7, 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.
Commissioner Dawkins: OK. Now, I move that we give the Manager permission to
seek three competitive bids by phone or whatever he has to do in order to get
the equipment...
Commissioner Plummer: Second.
Canmissioner Alonso: On an emergency basis, yes.
Commissioner Dawkins: ... and put it into Hadley Park and bring it back to us
for our approval - I mean after the fact.
Commissioner Plummer: To ratify.
Commissioner Dawkins: To ratify.
Commissioner Plummer: Second the motion.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 93-528
A MOTION DIRECTING THE CITY MANAGER TO SEEK THREE (3)
COMPETITIVE BIDS OVER THE TELEPHONE FOR PLAYGROUND
EQUIPMENT FOR HADLEY PARK AND AWARD SAME ON AN
EMERGENCY BASIS; FURTHER DIRECTING THE MANAGER TO
BRING BAC7 THIS ACTION TO THE COMMISSION FOR
RATIFICATION.
34 September 7, 1993
Upon being seconders 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.
------------------------------------------------------------------------------
8. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO WAIVE SOLID
WASTE SERVICE FEES ($33,733) FOR GARBAGE AND TRASH SERVICES PROVIDED BY
GSA FOR THE MILDRED AND CLAUDE PEPPER BAYFRONr PARK (FROM 6-91/6-93).
Commissioner Dawkins: Mr. Mayor, on 23.
Com nissioner Plummer: On what?
Commissioner Dawkins: On CA-23.
Commissioner Plummer: I got 19.
Commissioner Dawkins: Oh, you got 19. I'm sorry. Go ahead, J.L.
Mayor Suarez: And...
Commissioner Plummer: The only thing I want to bring to this Commission's
attention is...
Mayor Suarez: Wait. Before we get to 23, please.
Commissioner Dawkins: Nineteen. He said - no, J.L. got 19.
Commissioner Plummer.: Yeah. I have no opposition to 19, and I will move it,
but I just wanted this Commission to know that I asked the Manager for this
consideration because it just makes the subsidy for the park look bigger, and
badder, and worser, and whatever else, so that's why it's here. And now that
you all are informed why, I will move 19.
Mayor Suarez: So moved. Do we have a second?
Commissioner Dawkins: I don't understand what you're saying.
Commissioner Plummer: In the past, Mr. Dawkins, the City has charged Bayfront
Park $33,000 for sanitation. It's a City park. There was no reason to do it,
and there was questions raised as to the amount of subsidy the park was
35 September 7, 1993
receiving. Here's part of the subsidy right here. So if you will waive this,
it reduces the subsidy on the park, sir.
Commissioner Dawkins: OK. And when we waive it as a subsidy for the park...
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: ... how do we - where is...
Mr. Cesar Odio (City Manager): What you do is, you...
Commissioner Dawkins: Mr. Mano, how do we credit - no, no, sit down. You
don't have to get up. How do I credit it to the Solid Waste Department...
Mr. Odio: That's right. He's right.
Commissioner Dawkins: ... so that this does not come up as a negative for
the - see, if Solid Waste Department...
Mr. Odio: That's right.
Commissioner Dawkins: ... is short $33,000 at the end of the year, nobody
says that Solid Waste picked up a City of Miami's entity's garbage. They just
say, "Hey, we need to go out and raise the people's taxes $66 a year, so that
we can come up with the $33,000."
Commissioner Plummer: The point, very simply, Mr. ...
Mr. Odio: You're right. The subsidy at Bayfront Park goes down and the one
in Solid Waste goes up.
Commissioner Alonso: Solid Waste...
Commissioner Plummer: Well, but it becomes more realistic, is what I'm saying
to you.
Commissioner Dawkins: OK, that's all. Thank you. That's good enough.
Commissioner Plummer: OK?
Mayor Suarez: Anything further on 19?
Commissioner Alonso: No. I have some comments as well. Isn't this park a
little bit different? - and I'm referring to what you just said, Commissioner
Plummer. You said that this is a City park. Yes, indeed, it is a City park,
but one that the citizens of Miami don't have access all 365 days a year.
Sometimes, if you want to enter that park, you must pay a fee to enter the
park, because there is going on an activity, and they charge a fee for the
entrance. $5 I have seen, I have seen $3, $2. Some different groups, they
charge you to enter the park. So therefore, I do have problems waiving the
fees when, in fact, the citizens of Miami don't have access to this particular
park all year round. Don't you agree on this?
Commissioner Plummer: Let me say to you that, that charge is made at the
amphitheater in which private promoters rent the amphitheater and have to
36 September 7, 1993
charge to cover their expenses. For example, Mr. Herb Levin just had a very
successful scenario there for WQBA. I don't know what the charges were, but,
in fact, -those were the charges made by the promoters - not by us - to cover
the expenses which they have. I would say to you that there is only
approximately two to three times in the year in which a promoter comes in and,
in fact, takes over the entire park, and in fact, those are private promoters.
We, the park, are not making the charge. That is the promoter.
Commissioner Alonso: But it doesn't change the fact that the citizens of
Miami do not have access to the park. I have seen there many groups who have
a fence, and at the entrance of that fence, I have seen them charging whoever
wants to come in.
Ccrdssioner Plummer: Madam Commissioner, it's no different than Peacock
Park, when they have the Taste of the Grove and other activities they have in
the Grove. If a person, a promoter rents the park, he is entitled to gate the
park. They do it in Bicentennial when they have those big concerts there in
Bicentennial. It's no different than the Orange Bowl, or any other activity
in which a private promoter cones in, uses a City facility, and he makes his
charges and pays his fees to the City. There's no question at the
amphitheater that, in fact, there is a charge made by private promoters when
they are putting on a $25,000 entertainment package. That's the only way that
they promote. So there's no difference, Taste of the Grove, down here in
Peacock Park and other parks that are used, where they do have a gating
scenario.
Commissioner Alonso: How come it never came before? Why, since '91 through
'93, this item never came up?
Commissioner Plummer: Because it was never discovered, except by me, when we
started talking about reducing subsidy. It's a wash, as far as paper is
concerned. You, the City Commission, are giving to the park subsidy every
year. And when I started looking at what constituted that subsidy, I found a
$33,000 item, which makes it look like the park is getting a big, big, big
subsidy, when, in fact, they're not. I'm trying - I promised this Commission
two years ago that when you forced me into child labor law at Bayfront Park,
that I would go there with one sole intent; to make it the best park around,
to try to get it into black ink. I still make that pledge to you, and I'm
still working very hard to try to do it, but it's got to be realistic. It
cannot be unrealistic.
Commissioner Alonso: So actually, we are taking it off from Bayfront and
passing it to Solid Waste.
Commissioner Plummer: That is correct, ma'am, where it belongs, which was
felt was where it belongs. Take it for what it's worth. You don't want to do
it, you're going to - you know, pay me now or pay me later. You're either
going to pay me now, or you're going to pay me in the subsidy in the park.
That's the problem.
Commissioner Dawkins: I'd prefer to subsidize the park.
Commissioner Plummer: Subsidize the park?
37 September 7, 1993
Commissioner Dawkins: Yes.
Commissioner Plummer: I'll withdraw item 19, Mr. Manager.
Commissioner Dawkins: And leave it like it is.
Commissioner Plummer: What?
Commissioner Dawkins: Let us pay like we've been paying.
Commissioner Plummer: That's fine sir. Somebody will notify Ira Katz that we
have to increase the park operation by the sanitation fee.
Commissioner Dawkins: By $33,000. I have no problem with it.
Commissioner Plummer: Yes, sir. OK. That's fine with me, mister, as long as
the people know what's going on. The other item that I'm going to be coming
to you on is the item of the 30 free days that this Commission gives away each
Year
Commissioner Dawkins: You know, and I'll be - that's good. And if you're
going to came with that, then I may just say, let's give all of them away.
Commissioner Plummer: Well, hey, let's...
Commissioner Dawkins: Hey, I mean, you know, that's why we have to sit up
here and decide, you know, what we're going to do.
Commissioner Plummer: OK, Mr. Dawkins, exactly, the case is as it stands.
Commissioner Dawkins: That's right. OK. I mean...
Commissioner Alonso: When...
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: When you rent the park...
Commissioner Plummer: Yes, ma'am.
Commissioner Alonso: The people pay for solid waste, for garbage pick up,
don't they?
Commissioner Plummer: No, ma'am.
Commissioner Alonso: They don't?
Commissioner Plummer: No. They pay a package, Madam Commissioner.
Commissioner Alonso: It's very high...
Commissioner Plummer: The package includes security, it includes cleanup, and
all of that is in the package. OK?
38 September 7, 1993
Commissioner Alonso: And cleanup, what do you do? You clean and?
Cam Assioner Plummer: We have a private company that cams in and cleans up
so that we don't have to keep permanent staff on. We. use a...
Commissioner Alonso: They clean and put the garbage for us, or trash for
Commissioner Plummer: ... into the containers, yes, ma'am.
Commissioner Alonso: I see.
Cam issioner Plummer: Yes, ma'am.
Mayor Suarez: OK. Item 19 is...
Commissioner Plummer: I withdraw it at this time, Mr. Manager.
Mayor Suarez: Withdraw the motion.
Commissioner Plummer: We'll discuss it at budget time.
-------------------------------------------------
NUM FOR THE RECORD: At this point, agenda item
CA-19 was withdrawn.
-------------------------------------------------
Mayor Suarez: And I guess there is no motion before...
Commissioner Dawkins: We're going to discuss it with the budget for Bayfront
Park, J.L.?
Commissioner Plummer: Yeah, it would have to be.
Commissioner Dawkins: OK.
Ccmmic�-;WiLer Alonso: OK.
Commissioner Plummer: Either that, or you're going to have an awful dirty
park.
Mayor Suarez: So withdraw on the motion, and unless someone makes a motion,
has no motion on the table, and we may then...
Commissioner Plummer: I'll make a motion to table.
Commissioner Dawkins: So moved - second.
Mayor Suarez: You don't need a motion to table - what do you mean? You don't
mean table, you mean...
Commissioner Plummer: It's a motion to defer.
Camiissioner Alonso: It's going to be in the budget...
39 September 7, 1993
Mayor Suarez: Thank you. Call the roll on the motion to defer.
THEREUPON MOTION DULY MADE BY COMMISSIONER PIER AMID
SECONDED BY COMMISSIONER DAWKINS, ITEM CA-19 WAS
DEFERRED BY THE FOLLOWING VOTE:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
9. ACCEPT PROPOSAL: SOUTH FLORIDA MAINIENANCE SERVICES, INC. -- FOR
FURNISHING OF EVENTS MAINTENANCE SEIWICES ON CONTRACT BASIS FOR
DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES
($91,028.00).
Mayor Suarez: Now, I thought that we hadn't voted on 10 and 12, which had
been pulled. Am I right, Madam City Clerk?
Commissioner Dawkins: Go ahead, 10 and 12.
Mayor Suarez: On CA-10, I'll entertain a motion.
Commissioner Plummer: CA-10.
Commissioner Alonso: We did, didn't we?
A. Quinn Jones, III, Esq. (City Attorney): You voted on that.
Commissioner Alonso: Yes, in fact, didn't we?
Commissioner Dawkins: That was the one where we moved to have half...
Ms. Matty Hirai (City Clerk): We voted on that.
Commissioner Dawkins: It's been - that was moved.
Mayor Suarez: OK.
Ms. Hirai: Yes. It was part of the...
Mayor Suarez: The item in chief was moved. How about item 12?
Commissioner Plummer: Ten, we did.
40 September 7, 1993
Mayor Suarez: Do you reflect that as being - because it's not up on the
board.
Commissioner Dawkins: No, no.
Ms. Hirai: It's passed except the - all of them, except the ones that have
been pulled and discussed later on were passed on the original agenda.
Commissioner Dawkins: No, I pulled that. The only thing...
Mayor Suarez: Madam City Clerk, the thing is, you've got CA-12 up there in
blank, and I've got it also reflected as if we didn't included it in the
pulled motions, so I wish we would get our act together here.
Commissioner Dawkins: OK. I pulled 12 merely to say contract for one year,
and at the end of the year, go out. I do not want the options in there. I
just want them to go back out.
Mayor Suarez: All right.
Commissioner Plummer: Well, we pulled 12, didn't we?
Commissioner Dawkins: I pulled 12.
Mayor Suarez: All right.
Mayor Suarez: OK. Have we clarified it?
Commissioner Plummer: And we didn't vote on 12.
Commissioner Dawkins: No, we didn't vote. No, because I pulled it to
eliminate the two one-year additions. I want them to go out for bid at the
end of this year, so that we could see if somebody else wants to do it for
less money.
Commissioner Plummer: OK. Tony, what are these people used for?
Mr. Tony Pajares: Commissioner, they are cleaning people after an event, just
like you were telling Commissioner Alonso about not having permanent staff.
Commissioner Plummer: Is this just the Orange Howl?
Pajares: No, no, no. We use this in every facility. We use it at the
Orange Bawl, Coconut Grove, if there's an event at the marine stadium -
anywhere where we have an event.
Commissioner Plummer: Well, there's no events at the marine stadium.
Mr. Pajares: No, no.
Commissioner Plummer: How much was this contract last year?
Mr. Pajares: Around 80,000.
41 September 7, 1993
Commissioner Plummer: OK. My question has to be, if it was 80,000 last year,
and we have two facilities this year that are not being used, why is it more
money? It would seem like to me it would be less.
Mr. Pajares: Yes, sir. Actually, we estimate it to be around 70,000, we
think, but the rates went up. Now, let me explain to you why. The contract
had lapsed on this, for these people, so we were using the Orange Bawl
contract, and what happened is, we were using fiscal years. We have the
period from October 1st to January 1st when the contract was. That was the
$20,000 difference that we had in there, that we have to put so we could use
the money, $20,000, from October to January.
Commissioner Plummer: How many people did you tell me you ?,,ave working at
Dinner Key Auditorium?
Mr. Pajares: Right now, there's four. Now remember, OPI Office of Public
Information office is also there, but they are not Coconut Grove Convention
Center.
Commissioner Plummer: That's a lot of money.
Mr. Pajares: Commissioner, if we don't have the events, we won't use the
money. If we have the events, we have the money. Now, sometimes, we have to
call 30 or 40 people after one of these conventions, so we got to switch and
clean it sometimes at night to have it ready the next day, just like the
Orange Bowl, or the Knight Center.
Commissioner Plummer: Mr. Dawkins, if I understand your motion, is after the
one year, is it to go and try to get other bids; if not, we could take
advantage of this? That's fine, I'll second.
Mayor Suarez: OK.
Commissioner Dawkins: So 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. 93-529
A RESOLUTION ACCEPTING THE PROPOSAL OF SOUTH FLORIDA
MAINTENANCE SERVICES, IDIC. FOR THE FURNISHING OF
EVENTS MAINTENANCE SERVICES ON A CONTRACT BASIS FOR A
PERIOD OF ONE (1) YEAR, FOR THE DEPAR'IMEDFT OF
CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES AT A
TOTAL PROPOSED COST OF $91,028.00; ALLCXATING FUNDS
THEREFOR FROM THE 1993-94 COCONUT GROVE CONVENTION
CENTER DIVISION BUDGET ACCOUNT CODE NO. 350201-340;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
SERVICE.
42 September 7, 1993
(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.
------------------------------------------------------------------------------
10. (CONTINUED DISCUSSION) CLARIFYING CaMMITTS CONCERNING PREVIOUSLY ADOPTED
RESOLU!'ION WHICH AUTHORIZED EXEC.'CTPION OF LEASE AGREEMENT WITH
METRopOLITAN DADE COUNi'Y FOR RENTAL OF 4,088 SQUARE FEET IN OVEF7IC7WN
SHOPPING CENTER -- MODIFY DATES TO READ 117/23/93 - 7/22/93". (See label
3.13)
Mayor Suarez: Madam City Clerk, that completes the consent agenda.
Commissioner Dawkins: No, I have 23.
Mayor Suarez: OK. Item CA-23.
Commissioner Dawkins: I would like to ask...
Mayor Suarez: And I'm sorry, Mr. City Attorney, you need to make one...
A. Quinn Jones, III, Esq. (City Attorney): Yeah. One modification on CA-17.
I think your package had a different date. You requested it be made
retroactive, so it should actually be from July 23rd, 192 through July 22nd,
1993.
Mayor Suarez: OK. So that clarification's on the record.
RESOLUTION TO CLASSIFY 300 FIREFIGHTING BUNKER GEAR SETS AS CATEGORY "A"
SURPLUS STOCK. (See label 3.18)
(B) CLASSIFY 300 FIREFIGHTING BUNKER GEAR SETS AS CATEGORY "A" SURPLUS
STOCK -- DONATE SETS TO GALVEZ, ARGEWINA; LAS PAIMAS, CANARY ISLANDS;
CALI, COLOMBIA; SAN JOSE, COSTA RICA; SANM DOMINGO, DOMINICAN
REPUBLIC; MANAGUA, NICARAGUA; AND PORT -AU -PRINCE, HAITI (AS MODIFIED).
(C)BREIF DISCUSSION ON SISTER CITIES.
As to CA-23, we passed it, Commissioner Dawkins, so if you need at some point
to have it reconsidered, please so advise. In the meantime, if you want to
just...
Commissioner Dawkins: I move to reconsider 23.
Commissioner Alonso: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
Commissioner Plummer: On 23?
Commissioner Dawkins: Twenty-three, yes.
Commissioner Plummer: Oh.
Mayor Suarez: Reconsider.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 93-530
A MOTION TO RECONSIDER RESOLUTION 93-523 (CLASSIFYING
300 FIREFIGHTING BUNKER GEAR SETS AS CATEGORY "A"
SURPLUS STOCK AND DONATING 250 OF SAID SETS TO THE
CITIES OF COMODORO, ARGE UINA, GALVEZ, ARGERrINA, LAS
PAIMAS, CANARY ISLANDS, CALI COI0MBIA, SAN JOSE, COSTA
RICA, SANTO DCMINGO, DOMINICAN REPUBLIC, AND MANAGUA,
NIA; AND 50 SETS FOR PORT -AU -PRINCE, HAITI).
(Note: A modified version of this resolution passed
immediately thereafter increasing number of gear sets
for Haiti. See R-93-531.)
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
44 September 7, 1993
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Dawkins: I would like to ask the Commission to reserve a hundred
sets of these suits for Haiti instead of 50, because I think that Haiti right
now is in great need of this kind of firefighting equipment. They don't have
any, so instead of the 50 sets, I would ask that we release a hundred of them.
Commissioner Alonso: Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
Commissioner Plummer:
The only question under discussion, Mr. Manager, there
is a policy here, and
I would hope in the future - we would adhere to this
policy - that all surplus equipment, once declared surplus would go first for
consideration to Sister Cities, of which Haiti is...
Commissioner Dawkins:
Port Au Prince is a sister city.
Commissioner Plummer:
There's no problem, OK?
Commissioner Dawkins:
Port Au Prince, Haiti, is a sister city with the City
of Miami.
Commissioner Plummer:
Excuse me. Miller, I don't argue that one, but there
are cities listed here.
Commissioner Dawkins:
Oh, oh.
Commissioner Plummer:
One in the Canary Islands. I don't know that to be a
sister city.
Commissioner Dawkins: OK.
Commissioner Plummer: Las Palmas. Galvez, Argentina, I don't know that to be
a sister city. Now, I'm not saying it's wrong, but if we're going to try to
engage in a Sister City program, I think that, that has to be coordinated,
that first and foremost, as the policy was - and I don't know that it's been
changed - first and foremost, 'the Sister City programs; if not needed through
them, then to other donations of the City which deem necessary; and if not
through that, then to surplus sales. I find out through a roundabout way, Mr.
Manager, that our Police Department has sent people down to train in Santo
Domingo, who is a sister city, never notified the Sister City Program. We
can't vie in any kind of competition if we don't know and enter into the end
of the year. I would hope, Mr. Manager, that you would notify all departments
that any kind of activity that broaches on a sister city kind of program,
45 September 7, 1993
that it be coordinated through that scenario, so that we can hopefully vie -
as you know, we're trying to bring the Sister City International Convention
here in two years. They don't go to cities that are not active. So I would
hope in the future that you would notify the department heads that have
surplus equipment that, in fact, they would funnel and coordinate through
there.
commissioner Alonso: What kind of a system or method did we use to have these
cities - how do they get here in front of us?
Commissioner Plummer: We get dozens of requests every month.
Commissioner Alonso: But they must have some sort of a system. Does it go to
the City Manager? It goes directly to the Fire Department? How does it go?
Mr. Dennis Wheeler: The request came to the Fire Department, and one of our
firefighters was very active in this through...
Commissioner Alonso: Directly, all of these cities that we have in front of
us today?
Mr. Wheeler: Well, he was active in getting it on the agenda here today, yes.
Commissioner Alonso: No. But my question is, in general, we must have a
system in the City of Miami that we follow. We cannot have "I want it, they
want it." They must have a system. I'd like to know what system is applied.
How did it get here? It was the wish of a member of your staff, or how did it
happen?
Vice Mayor De Yurre: Or how does a city like Comodor, Argentina and Galvez,
Argentina get involved in the situation?
Commissioner Plummer: You want to know how? I'll tell you how. You give one
thing away, and the rest of them hear about it, that the City of Miami is in
the process of giving away goodies, and they'll all fire letters. You send
one piece of equipment to a city in Colombia, and every city in Colombia hears
about it and writes you a letter.
Commissioner Alonso: Fine, I can understand that.
Commissioner Plummer: Well, that's how it comes about.
Commissioner Alonso: But we must - we, as a City, must have some sort of
system that we follow in which we examine and see the value of the request.
Who does this? Does the City Manager's Office approve these requests? Does
it go directly to the department involved? I'd like to know. We must have
some sort of...
Mr. Cesar Odio (City Manager): We do have a system. In the particular case
of surplus equipment in Fire, it goes directly to Fire, and they sort: through
them and agree or not agree. In the case of the Police Department, the same
way. Any surplus equipment is handled by GSA (General Services
Administration) anyway.
46 September ?, 1993
P
Cammissioner Alonso: You know samething? I would fee much better if your
office...
Mr. Odio: And there are procedures in writing.
Commissioner Alonso: ... finally, before it gets to us, will examine this,
because maybe one of these days, we are going to be very embarrassed with some
of the things in front of us for approval, and it's not something that we want
to do, and we can believe that it was approved by the Manager, and overlook
some of the cities that are requesting the help.
Mr. Odio: I reviewed the countries and cities when I looked at the agenda,
and I...
Cammmissioner Alonso: So you do review before...
Mr. Odio: Before.
Commissioner Alonso: No, no. I mean before it gets to the agenda. Does your
office examine this or...
Mr. Odio: No, not in this case. I reviewed it when it came to me as an
agenda, and I looked...
Commissioner Alonso: Just printed, you mean.
Mr. Odio: Yes.
Commissioner Alonso: OK. What I'd like to see is that a person of your staff
oversees all of this, so before it's printed, you will have at least some say
on this item - an item similar to this.
Mr. Odio: Well, let me give you an example. In the case of Haiti, we had to
set them aside, and when this item was printed...
Commissioner Alonso: Because of the...
Mr. Odio: ... -the embargo was still on.
Commissioner Alonso: Yes, yes.
Mr. Odio: Now, the embargo has been lifted, so they don't have to be set
aside. We can send them.
Cc mmissioner Alonso: Sure. OK.
Vice Mayor De Yurre: You know, going back to what J.L. was saying, I would
like to see whatever surpluses we had that we're giving away to go to Sister
Cities, because right now, here's one example where Miller's asking for an
additional 50 sets to go to Haiti, and yet, who are you going to take it away
from on this list? I'd rather - just whatever city is not a sister city, that
they don't get anything, and just give it to Haiti.
Commissioner Plummer: Well, the way it worked before, you offered it to your
sister cities. And I can tell you is - if it wasn't like in the past, 25
47 September 7, 1993
I
percent is all the Sister City Program has ever used of what was available.
OK? Of all of it. So what you would do here is you would ask those sister
cities who are legitimately with a constitution, if they have need, then you
would pro rata over those, and if anything is left over, then it would go to
the other requests for the cities, because I don't think there's any sale,
surplus sale, on used. bunker gear.
Mr. Odio: Well, whoever is not a sister city among this list will get
deducted some equipment. We'll give preference...
Vice Mayor De Yurre: Well, or like J.L. says, if there's still some left
over, then...
Mr. Odio: And if we have leftovers, then we'll...
Commissioner Plummer: Then what's left over, we'll talk about it.
Vice Mayor De Yurre: Do we have a motion?
Commissioner Alonso: Yes, we had a motion and a second, yes. He moved and I
seconded.
Mayor Suarez: 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. 93-531
A RESOLUTION CLASSIFYING 300 FIREFIGHTING BUNKER GEAR
SETS ("SETS") AS CATEGORY "A" SURPLUS STOCK AND
DONATING SAME, AFTER THE EXECUTION OF THE APPROPRIATE
RELEASE DOCU4 TTS, IF NECESSARY, TO THE CITIES OF
GALVEZ, ARGENTINA; LAS PALMAS, CANARY ISLANDS; CALI,
COLCIABIA; SAN JOSE, COSTA RICA; SANTO DOMINGO,
DOMINICAN REPUBLIC; MANAGUA, NICARAGUA; PANAMA CITY,
PANAMA; AND PORT -AU -PRINCE, REPUBLIC OF HAITI; SUCH
DONATIONS TO BE VALID AND EFFECTIVE BETWEEN SEPTEMBER
8, 1993 TO SEPTEMBER 7, 1994; SAID EQUIPMENT TO BE
USED BY TIIE AFOREMMIONED CITIES IN THEIR
FIREFIGHTING EFFORTS, WITH ALL REPAIR, TRANSPORTATION,
PACKING AND SHIPPING COSTS TO BE BORNE BY SAID CITIES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
48 September 7, 1993
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso `
Ccrmtissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
12. PRESENTATIONS
(A) STATE REPRESENTATIVES RODOLFO ("RUDY") GARCIA AMID IMS C. MORSE
PRESENT' THE CITY OF MIAMI CaeaSSICN WITH $3.3 MILLION CHECK -- TO
ALLEVIATE CITY'S FINANCIAL IASSES IN THE AFTERMATH OF HURRICANE
ANDREW.
(B) CITY PRESENT'S PLAQUES TO STATE REPRESENTATIVES RODOLFO ("RUDY")
GARCIA AND LUIS C. MORSE IN RECOGNITION AND SINCERE APPRECIATION FOR
THEIR SUCCESSFUL EFFORTS IN OBTAINING SAID STATE FUNDS FOR THE CITY
OF MIAMI.
------------------------------•------------------------------------------------
Mayor Suarez: The consent agenda is completed. Aurelio, are we set with the
representatives? I know there's one that's been sitting there patiently,
although he's now gone. And we have another distinguished, rather tall fellow
by the door there, a fair amount of hair.
Commissioner Plummer: Not for long.
Mayor Suarez: And all of - representative Luis Morse.
Commissioner Alonso: Familiar faces.
Commissioner Plummer: Not for long.
Mayor Suarez: We're pleased to have you, and I know you've got some green
stuff to present to the Ccrmu.ssion, and we are, of course, happy to hear that.
Commissioner Plummer: Did you bring money? Did you bring money?
( INAUDIBLE COMM WM )
Mr. Rudy Garcia: Coraissioners, Mr. Mayor, it is indeed with great honor that
we come to you today. My name is Rudy Garcia. As chairman of the Dade
Delegation, we have brought a presentation of two checks for the amount six
point five - excuse me - $3.3 million dollars.
Commissioner Alonso: No, I like the first one better.
Ccmmissioner Dawkins: I'll take the first one.
49 September 7, 1993
Mr. Garcia: You'll take the first one?
ComLissioner Alonso: Yes.
Mr. Garcia: Well, I'm sure that you'll see the remainder of the dollars
within the next few months, and within the next few months, you'll be hearing
more information. But with that, I'd like for the representatives that most
fought for the dollars being from Miami, Bruno Barreiro and Representative
Luis Morse, indeed, without their support and without your senators' support,
in the City of Miami, and with the chairman Mike De Grandy, and many other
members of the delegation, these dollars would not have been possible. But
with that, I would like to say also that the tall gentleman amongst us here
that is not from the City of Miami, without his help, these dollars would have
never reached the City of Miami. In particular, I'd like for Representative
Morse and Representative Barreiro to make a few brief statements, and in
closing, I would like Representative Simon - I would like, if he would, if he
wouldn't mind, to take out of his pocket the secret weapon we were able to
use, if you wouldn't mind. Representative Simon put together a system, a
computerized system in a way, in a format with this small computer and large
computerization sheets to be able to bring out tallies, and I would like to
say that the City of Miami was one of the cities that most fared the best in
the entire county. So with that, Mr. Mayor and Commissioners, I'd like to
present to you Representative Morse and Representative Barredo.
Reprensentive Barreiro: I'd just like to take a moment to congratulate and
thank the staff of the City of Miami that was up there every day and helping
us out and working with us to bring this money down, and they deserve a hand.
Thank you.
Mayor Suarez: I think that was in reference to Aurelio, and he's all dressed
up for the occasion. You see him with a double breasted blue jacket there,
Aurelio.
Commissioner Alonso: We really need to take time out and say thank you, so I
think it's very appropriate.
Mayor Suarez: Representative Morse, as we introduce you, I'd like to also
give you this plaque which reads in part: "In recognition of your important
contribution to the economic reparation of the City of Miami in the aftermath
of Hurricane Andrew. Your efforts and dedication as a Dade County legislator
made possible the issuing of millions of dollars from the State of Florida
funds." Presented by the Miami City Commission and signed on today's date to
Representative Luis Morse, a longtime representative from Little Havana.
(APPLAUSE)
Representative Luis Morse: Mr. Mayor and Commissioners, again, thank you. I
did not come here to - as a matter of fact, this was a big surprise, so I
truly thank you. Over the years, I've always been there for the City. This
is my City, and I feel very, very proud of it, and I feel proud of this
Commission. I feel proud of the Administration of the City, and it has been a
pleasure working in conjunction with you all over the years, and you have a
commitment from me that, that will continue being so. As Bruno said, the
50 September 7, 1993
relationship that we established with your Administration and with all of
you - because all of you visited Tallahassee, and we all were in constant
contct with you or your staff all the time while we were working out all the
details. But this is not the only check, and this is not the only project.
There are still many, many things to du in our City, for our City, and for our
citizens, and this is a relationship - a long-term relationship which we all
feel very proud of and very happy to form part of. So, this is a 2.397
million dollars which I believe is already in the bank.
Mr. Cesar Odio (City Manager): It's gone.
Commissioner Alonso: It's gone.
Mr. Garcia: Well, again it is a pleasure bringing it over here.
a
Mayor Suarez: And, to the leader of the whole effort...
Commissioner Plummer: Now we know why he is not running. He is taking the
money.
Mayor Suarez: I would like Representative Simon to say few words.
Mr. Garcia: I...
Mayor Suarez: OK, Representative Simon, I am pleased to have you, sir. And,
I know that you are going to leave that nice, little computer you have there
for our use in during the rest of the Commission meeting.
Representative Simon: I just wanted to come back to - as always, I really
enjoy coming by and visiting the Commission, beautiful Chambers, beautiful
City. I tell you when people come to visit me from out of state they never
stop, they never cease to comment on how beautiful our area is. But, many
times we take it for granted. And, we are very fortunate that we have people
like yourselves who are committed in keeping the City, they are really the
shining star for the State of Florida. During the Legislative session, I
don't think it was a secret that there were some people that would have
preferred for all of our dollars to have gone elsewhere. And, I wanted you to
know, and I personally cam by here today to reaffirm that your State
Representatives, from the City of Miami., were instrumental in speaking out for
your legitimate concerns, with the results that we were able to bring back
dollars which we know you need, which we know that you already spent. And,
that is the reason we got them for you, because we had a tremendous problem.
The City pitched in immediately. And, I am only glad that in some small way
to have been able to help your local representatives in bringing back the
dollars you deserve. My personal theory is that as the City goes, the State
goes. We area viewed, nationwide, based on a mere image of our largest, rilost
well known City. And, I'd like to feel that in some small way I am a part of
the City. Glad to be here and glad to contribute to the City.
Commissioner Plummer: Nice to hear that.
Mayor Suarez: You can tell he almost got emotional about our City. And,
that's how much he cares along with the rest of the delegation which, this
year was headed by Representative Rudy Garcia. And, I guess, we should have
51 September 7, 1993
plaques for the other two representatives, which we will get. But, in the
meantime, Rudy, you've always stood for us. You lead us this year. And, on
behalf of the citizens of Miami, I am most pleased to give you this plaque
which reflects not entirely on your efforts, but at least partially the way we
feel about what you've done for our City.
Applause.
Mr. Od.io: Mr. Mayor, Mr. Mayor, they have been very modest on what they've
said. They really had to fight a tough battle and they won.
Commissioner Dawkins: Mr. Mayor, having been the one going up there working
with our Commissioners, I must say that we have a fine group of individuals.
And, as Representatives Simon said, when you go it is Dade County. They all
fight for the betterment of Dade County. And, we walked the halls for Dade
County. So therefore, for those who are not here and those who are here, I
say that I look forward to coming back up there and seeing what we can do.
And, without their help there is a lot of things that we wouldn't get, because
we would not know how to get them into the budget, or at least has to walk the
halls to, push them. But, when you go in Rudy's office, or anybody's office
up there, they say, well here Miller, go start here. These are the buttons
you need to push. These are the people who we have committed, go get those
who are not committed. And, with that kind of cooperation we will always
bring the "bacon" home to Dade County. And, I thank them.
Representative Garcia: Mr. Mayor and Commissioners, I mist say that I am
truly honored to have receive this plaque. But, I must say publicly that it
would not have been possible without the help of the two men you have standing
beside you, Representative Morse and Representative Simon, made my year as
chairman with this very, most difficult task, a very successful one. And, as
successful as it was, I am still having nightmares with Aurelio interrupting
even my dreams. Cesar, you know, your phone calls every day, and the
Commissioners phone calls on almost a weekly basis was great. But, "Yeyo" was
there every five minutes saying, excuse me, excuse me, Mr. Chairman. But,
this issue, he did an incredible job. And, I must commend you and the
Commission for dollars well spent in sending someone like Yeyo up to
Tallahassee with the report that he has. I commend each and every one of you
for all that you've done for us. Thank you very much. Thank you all.
Mayor Suarez: So be it.
(INAUDIBLE BACKGROM COWED1TS NOT ENTER® INTO THE PUBLIC RECORD)
Mayor Suarez: The chairman doesn't get the usual five percent commission this
year. We... All right, ladies and gentlemen, we've done the consent agenda
and... Thanks, Commissioner.
Vice Mayor De Yurre: Mr. Mayor, now that we...
Mayor Suarez: ...the ceremonial items. Mr. Vice Mayor.
Vice Mayor De Yurre: ...now that we have balanced the budget for next year, I
guess we'll have a smooth sailing this afternoon.
52 September 7, 1993
--------------------------
13. DISCUSS AMID TEMPORARILY TABLE CONSIDERATION OF PROPOSED EMERGENCY
ORDINANCE TO AMEND CODE CHAPTER 54 (STREETS AND SIDEWALKS) TO ESTABLISH
A FEE SCHEDULE FOR THE USE OF PUBLIC RIGHT-OF-WAY BY PRIVATE
Ca4CNICATION SYSTEMS, AND TO PROVIDE FOR THE PRORATION OF FEES FOR
PERMITS OBTAINED PRIOR TO OR AFTER OC MBER 1ST. (See label 30)
Mayor Suarez: Item 1. I'm sorry item 2, that would be.
Mr. Jim Kay: Mr. Mayor, members of the commission, item number 2 is an
emergency ordinance amending Chapter 54 of the City Code, which establishes a
new fee schedule for telecommunications systems. These are private systems
that are located within the public right of way. It also amends also a
portion of Chapter 54 dealing with excavation fees as well, from 10 cents a
lineal foot to 30 cents a lineal foot. As you may recall, in January of last
year, our existing ordinance, at that time was amended after some negotiations
with MCI (Microwave Communication Inc.) and Western Union which essentially
established our fee schedule at $500.00 a mile. The department really felt
that it did not reflect our cost. And in fact, we really lost money on that,
in that we needed to establish a new fee schedule which reflected the true
cost. And, in May of this year, you allowed us to go into a contract with a
private consultant to establish a fair and equitable fee schedule that did
reflect our cost. That was Milian, Swain and Associates. And, the fee
schedule essentially established the per footage cost at $1.65 a lineal foot.
This is r.�flected in the overhead transparency in back of you, which indicates
that we have a total income with that particular income with that particular
fee schedule of two hundred ten thousand dollars ($210,000). The $500.00 a
mile fee schedule brought in an income to the City of a little over eleven
thousand dollars ($11,000) per year. The ordinance that's before you reflects
the results of the study by Milian, Swain and Associates. And, we would ask
for your consideration, then.
Mayor Suarez: OK. Thank you, Mr. Kay.
Ms. Lucia Dougherty: Good morning, Mr. Mayor, members of the Commission. My
name is Lucia Dougherty with law offices at 1221 Brickell Avenue. I am here
today representing MCI and Richard Strom, who is their general counsel is with
me today, as well as, ATS Esquire and Elliot Champa (Phonetic), who is their
business manager is also with me. You may recall that MCI was first
introduced to you when you helped them put their deaf relay center here in the
downtown, Miami. Now, since that time, they have hired almost three hundred
employees. They're expecting to hire another 150 to 180 more employees in the
next six months. They've taken the 2nd floor of the Southeast Bank Building.
Eighty percent of their employees are minorities. They've used the job
placement service from the City of Miami, and, have been very pleased with the
service that they've gotten and the recruitment that they have been successful
in securing. They are very happy with their workforce and they are very, very
pleased with their accomplishments here in the City of Miami. But, they are
very unhappy with this new proposed ordinance. And, others are too. If you
look on that chart that has been presented by Mr. Kay, the three largest
providers, AT&T (American Telephone and Telegraph), SPRINT and MCI and ATS
53 September 7, 1993
(American Telegraph Service) are here today and all in opposition. Now, we
are very, very fierce competitors. But, in this one issue we are completely
united. Others are here today, who want to come to the City of Miami, who are
not yet here. Teleport who is represented by Meredith Gross, and, MFS
(Metropolitan Fiber Systems), who I am going to send you a letter, or give you
a copy of the letter that they have written saying that they want to come to
Miami. But, this ordinance will...
Mayor Suarez: Am I reading something wrong, Madam? I am sorry to interrupt
you, or do I see that the figure for MCI is $4,787.50?
Mr. Kay: That's correct, yes.
Mayor Suarez: That's the total fee for one year?
Mr. Kay: Right.
Ms. Dougherty: But, MCI and ATS are together.
Mayor Suarez: And, you... And, they have hired you? They know what your
fees are on a per hour basis?
Ms. Dougherty: Yes, sir. But, I must say that MCI and ATS are one and the
same in this issue. In other words, MCI uses ATS services.
Mayor Suarez: And, what is the AM fee?
Ms. Dougherty: The ATS is...
Mr. Kay: It's Western Union, ATS down there. That's 83,721.
Mayor Suarez: That will get you Greengerb Traurig, I guess. But...
Ms. Dougherty: Before we get into... Oh, excuse me. I am sorry.
Mayor Suarez: I am just suggesting that on an annualized basis the fees don't
sound like they are exorbitant enough to raise such a ruckus. I, in any
event, obviously you consider otherwise.
Ms. Dougherty: Oh, before we get into the legal objections, let me tell you
from a public policy reason why this ordinance ought to be rejected. This is
a very antibusiness ordinance. The income - the increase in
telecommunication fees to our clients has increase by 1,650 percent. That's
from $500.00 per mile to $8,712.00 per mile. Miami is already the highest
direct tax rate for telecommunications in the south. It is the highest in the
City, I mean in the State. But, it is probably the highest in... it is the
highest in the south, and it's probably the highest in the country. Twenty
percent of our income goes to State and local taxes. That is for local calls
and 13 percent for interstate calls. Add that to the consumer tax, we think
that we are already taxed sufficiently. No other City in the State has even
attempted this type of regulations, or this sort of cost attempt. The City
needs this kind of infrastructure to grow. Now, let me just show you for your
interest. This is what we are talking about, this is a fiber-optic cable.
This one little cable with a little filament or fibers here, this will carry
one pillion calls simultaneously. And, this is the kind of thing that
companies, corporations for their telecommunications need, whether computers
or telephones are interested in having in the City. We think that you ought
to be encouraging folks to put this kind of infrastructure in your City to
encourage the growth of business and not discourage it by overtaxing and over-
regulating. These are basically our public policy objections. From a legal
stand point, the State law says that you can charge $500.00 per mile. But,
they said that if you can proof that it cost you more to regulate it, cost you
more, then you can charge us more. And, we've always agreed to be paying our
fair share of the cost. If you can show us that it cost you more to regulate
it, or for the purchase of land, for example, we will pay that cost. And,
then there are some fees in this ordinance that are cost related and we agree
to pay them.
Unidentified speaker: Yes.
Ms. Dougherty: But, instead of the cost relationship, what your consultants
have done is that they've said, "we can't return what the cost is. Because in
fact, you've never bought this property in the first place. You only...
You've got this easement dedicated to you. And, we don't know what the cost
is, really. So what we are going to do is, we are going to determine how much
you ought to pay based on the value of the property as opposed to the cost."
We think that from a legal standpoint that is incorrect. That is a fallacious
beginning to start from the value of the property as opposed to the cost of
regulation. That's is in a sense a tax. It's almost as advalorem tax. But
more importantly, we think that the methodology, even if you assume that what
they've done...
Mayor Suarez: You don't think the cost then meant also the land acquisition
or the easement cost?
Ms. Dougherty: Certainly, go ahead. You buy the easement, we understand that
cost. But, you didn't buy any of these easements. In fact, half of these
streets - what they've done is they've taken the entire City, the corporate
limits of the City, assessed value, and divided that by the number of feet in
the City and come up with a average cost per square foot. Not cost, value per
square foot. Now, in addition to that, in addition...
Mayor Suarez: And, how many square feet do they attribute to the use of a
cable? Is there a particular width to the easement rates?
Ms. Dougherty: They have actually said that it's two feet. And, in fact, it
is sixteen inches by our contract with the City of Miami. It's only 16 inches
that we are permitted...
Mayor Suarez: So, that would already knock it down almost to half.
Ms. Dougherty: But, we have two experts that we would like to cane in and
give you their findings. For the record, Gary Gerson, who is a CPA. And,
Andy McCurry, who is an appraiser... And, they will like to make a
presentation.
Mayor Suarez: one quick question on that, is that argument correct that
they've assumed 2 feet as the width of the total easement throughout the City?
55 September 7, 1993
And, their calculations of value, which I am assuming Ms. Dougherty's
characterization, as opposed to the actual 16 inches? Because that would...
Mr. Kay: I don't know were the actual 16 inches agreement she is talking
about. But, our City Code...
Mayor Suarez: Well, let's ask her then.
Mr. Kay: ...tells us, our City Code will state that one foot clearance on
either side of the utility. So, that's... We are giving them 2 feet.
Mayor Suarez: So, you assume no width for the actual cable and then one foot
on each side to get 2 feet.
Mr. Kay: Well, right. The pavement patch has to be at least a couple of feet
wide.
Ms. Dougherty: We have an agreement with the City of Miami. And, on page 13,
it says, "the underground and within the 16 inch wide strip of right of way."
So, you've prohibited us from taking more than 16 inches anyway, in your
telecommunications agreement with YZI. And, it's a standard agreement with
all the other telecommunications company
Mayor Suarez: There is a sort of suggestion and a mention where it says the
16 inches of right of way, that, that's what you are limited to. And, you are
saying that they really have...
Mr. Kay: We are going by the width of the pavement patch.
Mayor Suarez: ...a total of 2 feet. Madam.
Debbie Swain: Just real quickly, I am Debbie Swain from Milian, Swain and
Associates. This is...
Mayor Suarez: Oh, I knew that there was another half to this combination.
The other half of your company was at the beach yesterday bugging me about
this deal. OK.
Ms. Swain: Not with my knowledge.
Mayor Suarez: Very respected Arsenio Milian.
Ms. Swain: That's right. The 16 inches is referred to in the prior
contracts. The 24 inches is the actual amount of the easement that is granted
through the ordinance.
Mayor Suarez: That's actually in the ordinance as 24 inches?
Ms. Swain: That's what I understand. And, the new contracts will...
Mayor Suarez: Maybe they don't need the extra 8 inches or whatever.
Ms. Swain: The City sets aside a full 24 inches. No other utility can
infringe on that 24 inches. We just need to make the contract consistent with
the ordinance.
56 September 7, 1993
Commissioner Plummer: Can I ask you a question? How much does the City pay
you to do this work?
Ms. Swain: $12,000.00.
Commissioner Plummer: To get back four?
Mayor Suarez: No, no.
Ms. Swain: No to get back $210,000.00.
Commissioner Alonso: No, to get two hundred and...
Commissioner Plummer: Oh, OK.
Mr. Kay: Commissioner, in 1988 the...
Commissioner Plummer: But wait a minute, wait a minute, excuse me. What am I
losing here? MCI is paying 4,785.50.
Mr. Kay: That's correct.
Commissioner Plummer: Where is the...
Mayor Suarez: The ordinance applies to all of them and it will produce 210 as
opposed to - what will it produce?
Commissioner Plummer: Oh, in other words, you did all of these companies? Is
that what you did, or you did just MCI?
Ms. Swain: All.
Mr. Kay: All of the... Oh, this is for all of the companies.
Commissioner Plummer: And, all the rest of these companies are paying the
same proposed rates as what you are recommending for MCI?
Mr. Kay: Yes, sir.
Ms. Swain: No, no. All of the companies are here today to oppose this new
ordinance.
Commissioner Plummer: Excuse me. OK. In other words, this is what...
Mayor Suarez: It is for all of them. I don't know why we emphasized the MCI
so much, but, I think that Ms. Dougherty did in her presentation.
Cammi.ssioner Alonso: All.
Commissioner Plummer: Are these that are proposed rates, and MCI is the only
one objecting? Are these rates that are presently in existence?
Mr. Kay: These are the proposed rates according to the emergency ordinance
before you.
57 September 7, 1993
Commissioner Plummer: OK. Is...
Mayor Suarez: Conpare them to the prior rates for the Commissioners benefit
and for mine because... No, wait, wait...
Mr. Kay: All right, let me back up a minute. Let me go back. OK.
Mayor Suarez: No, wait, wait, wait. Just a simple mathematical calculation.
He wants to know how much their work is worth to us if we implement this.
That's $210,000.00 under the proposed rates. What would it have been, or what
was it under the $500.00 a mile?
Mr. Kay: That was $11,385.
Mayor Suarez: So, the differential is almost two thousand in new fees under
the proposed ordinance.
Mr. Kay: Mr. Mayor, may...
Mayor Suarez: That's why they are screaming, Commissioner. All of them
together.
Mr. Kay: Mr. Mayor, may I add this? In 1988, we established an ordinance for
telecommunication fees at $2.00 a lineal foot. It was later on, that it was
dropped dawn to $500.00 a mile.
Mayor Suarez: Two dollars per lineal foot, which works out to about
$10,000.00 per mile. If you don't give us the figures in apples and apples,
oranges and oranges, Jim, you confuse us. At that time, we set it at $2.00
per lineal foot, which was how much per mile, roughly?
Mr. Kay: A little over 10,000 a mile.
Mayor Suarez: OK. Then we went to 500 on the State statute that said either
500 or if you can proof a higher cost, a higher amount. And, now, you are
proposing - what does it work out to be per mile?
Mr. Kay: Dollars per mile? $1.65...
Ms. Dougherty: Eight thousand seven hundred dollars.
Mr. Kay: ...Yeah, $8,700.00.
Mayor Suarez: Eight thousand seven hundred. So, we are almost going back to
the 10,000 per mile.
Commissioner Plummer: Question again. Is MCI the only one protesting the
rate?
Commissioner Alonso: No, all of them are here.
Ms. Dougherty: No, all of them are here.
September 7, 1993
Mr. Kay: I don't know. I don't know. No one... MCI is the only one that
has contacted us.
Commissioner Plummer: OK. Just for the record, MCI is the only one that has
been to see me. And, obviously, the rest of them don't worry about my vote,
or, they don't give a damn. So, I am saying that this Commissioner, only one
person has been to see me, MCI. And, I figured they were the only one
protesting, that's why I am asking the question. Thank you.
Ms. Dougherty: Commissioner, MCI and ATS came to see you. And, others are
here. Sprint is here and AT&T are here. Anyway, Gary Gerson, who is our
expert, he is a CPA. And, I will ask him to please put on the record his
qualifications as well.
Mayor Suarez: Before you do that, let's... And, as you come up, Jim and
Wally and all of us, really, as I understand it, we as a City want to be at
the forefront of fiber-optic technology and the kind of linkage this provides,
that the whole nation only has two principle trunk lines. One apparently is
used by scientific and governmental community. And, the rest is available for
the industry. But, the main problem is when you get to the cities, when you
get to the urban cores, you need to have an infrastructure in the city itself.
And, that's what they are providing. Of course, we sell then the easement,
and what we charge is the issue at stake. Is that a fair description of where
we are in the industry?
Ms. Dougherty: Exactly.
Mayor Suarez: OK. So, we do need to be, you know, I don't know if any city
is ahead of us. Maybe as you explain this, you can tell us if there is anyone
that is a little bit more advance in having an internal, intracity network of
fiber -optics as opposed to Miami. Or if we are... And, also give us a
comparison of rates if you have that, too, what other cities are charging.
Ms. Dougherty: iih. There are other two...
Mayor Suarez: Technologically we understand how important it is for us to be
at the forefront.
Ms. Dougherty: There are two other cities in the State of Florida that are
comparable. And, I think one is Tampa and th other one is Orlando. Is that
right? Tampa and Orlando.
Mayor Suarez: In rates or in infrastructure, or both?
Ms. Dougherty: In infrastructure. And, nobody has attempted to put these
kinds of rates on in the City - in the State of Florida. You are the f irst
that are attempting to do this.
Mr. Odio: Lucia, excuse me. All the other cities are waiting for us. If
this passes today, all the other cities are going to do it.
Ms. Dougherty: And, so are we waiting for you.
Mr. Odio: Right.
59 September 7, 1993
Mayor Suarez: OK, Mr. Gerson, I am sorry we interrupted you, sir.
Mr. Gary Gerson: Thank you. Mayor, Vice Mayor and Commissioners, my name is
Gary Gerson, I'm a senior partner of the firm Gerson, Preston and Company. We
are one of the largest local firms in south Florida. Our firm represents the
Florida Department of Transportation, Orange County, Broward County and a
valuation of business damages under eminent domain. I spend about 80 - 90
percent of my time representing eminent domain takers under the statute. We
were engaged by MCI, AT&T and some of the other firms here to evaluate how the
rate, the permit fees, should be changed under the State Statute. Our first
obligation then is to go to the State Statute 337.401 for that job. I
obtained from Tallahassee transcripts of the floor debate on the statute, and
also the House Committee report. I am just wanted to read to you a few
excerpts from that. It seems that it was said by Representative Hammersmith,
on the House floor, at the time of the package of the act, that this enactment
of the Bill was necessary because of a dispute between the City of Orlando and
a fiber -optical cable company over an annual permit fee of $2.00 per foot. I
quote Mr. Hammersmsith who said: "that fiber -optics draws business to the
areas of municipalities, and that a $2.00 per foot charge by the City of
Orlando was outrageous." The fee proposed here is $1.65 a lineal foot. He
said that it's outrageous because it only cost $6.00 per foot to manufacture
the fiber cable. And, here is an annual fee of $2.00 a foot. He went on to
say that the purpose of the bill is to set a uniform criteria. Representative
Burke further said, that it is important for the State to establish a
standarized fee to be charged. And, I'll just very briefly read you from how
the State said that you shall compute the charge. This agreement should
provide for a fee or other considerations payable annually, based on actual
lineal feet of any cable, fiber-optic or other pathway that makes physical use
of the municipal right of way. In no event, shall the fee or other
considerations imposed pursuant to this subsection be less than $500.00 per
lineal mile of any cable, fiber --optic or other pathway that makes physical use
of a municipal right of the way. Any fee or other consideration opposed by
this subsection in excess of $500.00, that is nine and a half cents per lineal
foot, shall be applied in a nondiscriminatory matter, and, shall not exceed
the sum of..." - and very shortly, cost, cost directly related to
inconvenience solely caused by disturbances of the municipal right of way.
The reasonable..."
Mayor Suarez: Are you reading from the statute there?
Mr. Gerson: I am sorry.
Mayor Suarez: Are.you reading from the statute there?
Mr. Gerson: Yes.
Mayor Suarez: Read that again, please. Cost directly associated...
Mr. Gerson: "Cost directly related to inconvenience solely caused by the
disturbance of the municipal right of way." And, I may add that...
A. Quinn Jones III, Esq. (City Attorney): Excuse me, I think that you ought
to read it in its entirety. You are only giving part of what the statute
60 September 7, 1993
says. It also says "impaira ent". So if you are going to read, if you are
going to read from the statute, you should read it directly.
Mayor Suarez: Impairment. Would that impairment be... Do you understand,
Mr. City Attorney, to be like sort of opportunity cost? In other words, what
you might otherwise be able to do there, which then gets us back to the value
of the property. I quess, OK.
Mr. Gerson: Well, I am reading right from the statute that says, "...cost
directly directed related to the inconvenience or impairment solely caused by
the disturbance of the municipal right of way."
Mayor Suarez: That's what he was quoting the impairment part. You were
getting into that I gathered.
Mr. Gerson: "The reasonable cost of the regulatory activity of the
municipality, the proportionate share of cost of land for such street, alley
or other public way attributable to utilization of the right of way by a
teleccmmunications service provider."
Mayor Suarez: There is a cost of right of way there, again repeated. So, it
isn't just sort of the actual out of pocket type cost. OK.
Commissioner Plummer: Is this the fees - similar to what Cable pays and the
use of right of way?
Mr. Gerson: I am sorry, Mayor.
Mayor Suarez: I thought that you read wording there that referred once again
as a totally separate item to the cost of land used. Which...
Mr. Gerson: That's right. "The proportionate share of cost of land for such
street, alley or other public way attributable to utilization of the right of
way by a telecommunications service provider."
Mr. Gerson: "Fur"chermore, no telecommunications service provider shall be
required to pay more than one such fee or other consideration annually for the
construction, maintenance, operation, repair, rebuilding or replacement of a
parallel telecommunication route owned by it or a subsidiary." Now, cost, as
defined under general accepted accounting principles and Webster's
Dictionary...
Commissioner Dawkins: Cut you off a minute, before you get too far.
Mr. Gerson: Yes.
Commissioner Dawkins: As you started out, you said cost per foot. And, you
quoted what the cable cost initially. Would you give that back to me again?
Mr. Gerson: I said... Are you referring with what I represented
Representative Hammersmith? I said that, I quote from him on the House floor:
"...that the two dollar per charge, as proposed by the City of Orlando was
outrageous, since, it only cost $6.00 per foot to manufacture the fiber -
cable." That's what...
61 September 7, 1993
Crnmissioner Plummer: What does that got to do with it?
Commissioner Dawkins: All right, now. But, I also want to put in my mind, in
the proper perspective, that the $6.50 per foot, what did it pr duce annually
for the company? If we are going to compare this, let's compare apples to
apples. You can't tell me that it cost $6.00, unless you tell me how much it
produced annually per foot.
Mr. Gerson: That's a good point, Commissioner. But, the State statute points
that the municipalities should be limited to their out of pocket cost. And,
the definition of cost, per Webster Dictionary and other generally accounting
principles, is the amount or equivalent paid out of pocket, the outlay, or and
expenditure. Value, on the other hand, it's a marketable price as distinct
fran cost. And, then I turn to the House Committee report which says the
effect of the proposed change was the bill established limits for fee charged
by municipalities for use of right of way by telecommunication services. The
Bill provides that the fees shall not be less than $500.00 per mile...
Commissioner Plummer: What are they charging?
Mr. Gerson: ...and, provides criteria for detennining the amount charged.
And, that is of course based on cost. I then refer you to the City of Miami
telecommunication permit fee schedule. And, of the $1.65 proposed by the
City, $1.48 is for the cost of the land. And, it is important to see how it
was determined what the cost of that land was. How did they detennine it in
the report? And, I would like to read it to you. It said in the report:
"Cost of land, Table 3-D details the calculation of the cost of land as
interpreted by City staff to include the carrying cost of the fair market
value of land." What they did, the pertinent... Let me finish that. "The
pertinent components considered include the total land value, number of
parcels provided by the property appraisers records, the average lot size and
the current long term cost of money." So, what they did, they took the cost
of all of the land. They divided it up into the street. And, then they said,
rather than have the fiber-optic company pay for it all at once, we are going
to charge them a rate of interest to carry it, an 8 percent rate. So, they
could have done that with using cost. That's not cost when you take a
percentage - an interest rate - charged to fair value. So, in my opinion, it
does not follow the statute which says cost.
Mayor Suarez: They played economists, engineers, accountants and property
appraisers all in one. But, we've heard this argument, I think by your
counsel that, you know, using the value of the land throughout the City, and
dividing it into the percentage or the proportion that is in the easement, is
not a proper way to calculate it. I don't... I don't see where the interest
comes in. Where does the interest rate come in?
Mr. Kay: That's the carrying cost...
Mayor Suarez: The discounting?
Mr. Kay: ...over a period of time, rather than a payment of a lump sum for
what the right of way is worth, the value of that. We carried it out over - I
don't know how many years it was, thirty years, I believe.
62 September 7, 1993
Mr. Gerson: What they said was rather than take the fair value of the right
of way, the 16 inches, 24 inches of $36.00 a foot, they said take an 8 percent
charge on it. So, they don't have to give it all at once. Take an 8 percent
charge. I... What I did is I took even under the value concept...
Mayor Suarez: Carrying cost per linear foot of land value allocated to MCI.
Why do...
Commissioner Plummer: Excuse me, Mr. Mayor. I like the previous easel
better.
Commissioner Dawkins: Take the hand nuke, sir. Take the hand mike.
Ms. Dougherty: Do you think I can take that away all the way?
Commissioner Plummer: I never saw an easel with legs like that before.
Mr. Gerson: May I.
Commissioner Plummer: That's a compliment.
Mr. Gerson: Thank you. What I did is I started with the estimated market
value of the report based on all of the land values in the City of Miami.
And, I used 16 inches, per their agreement. And, I show what they would show,
a market value for all the land. But, truly, if you look at value...
Mayor Suarez: Using 16 inches, and of course they apparently used 24. All
right.
Mr. Gerson: And, that is based on the tax appraiser.
Mayor Suarez: Right.
Mr. Gerson: They took the tax appraisal and jacked it up, to get the fair
value.
Mayor Suarez: Then you, somehow, reduced that down to 10 percent...
Mr. Gerson: Because...
Mayor Suarez: by saying 90 percent of the value of the road way is retained
by adjacent property owners. I mean...
Mr. Gerson: ...you can not build on the road. If you are going to use value,
which is against the State statute, the road, the development rights of all
are in the adjacent, it gives value. What gives value is what can be done
with the property. And, to use the assessed value of downtown office
buildings and say it is applicable to a road where you can't develop a road,
we are saying that the appraisers tell us that maybe 10 percent is retained
for the road. So, if we use 10 percent, we get $2.46, and we say of that -
let's say that the 16 inches or 24 inches underneath costs you the same cost
as on top, we came up to 50 percent, which is what was used in the report to a
$1.23. And, under the terminology and methodology used by the economists,
63 September 7, 1993
appraisers, they used 8 percent. The City of Miami is currently averaging
about 5 percent on their borrowing. And, this comes out to about 6 cents if
applied that way. I would say that that's less than the 9 cents, the $500.00
a mile. And, also, we could find - we went to the City...
Commissioner Plummer: Where does he get the 5 percent?
Mayor Suarez: He is saying that it is 5 percent interest because they are not
buying it. They are kind of like renting it.
Mr. Odio: Sir. Oh, I am sorry.
Mr. Gerson: ...instead of buying it. Exactly.
Cammissioner Plummer: Sir, we've been paying over 7 percent on our property.
Where did you get that issue?
Mr. Odio: And, let...
Mr. Gerson: There were some recent bonds between 4 and 6 percent.
Commissioner Plummer: In '92 and '93?
Mr. Odio: May I ask a question? When you figure all your numbers out, did
you figure out how much money, how much profit you make by putting those cable
through the City of Miami? - profit? You want to share in your profits, or do
you want just to pay this?
Mr. Gerson: I believe, sir, that the State Statute tells an accountant or
someone exactly haw to determine it based on cost. It has nothing to do...
Mr. Odio: And, that's what we'll... How about profits? The profits that you
make, as a private corporation, with City land, taxpayers land, that doesn't
make any difference?
Ms. Dougherty: The State statute doesn't permit you to tax the profit. It
only permits you to have...
Mr. Odio: That's why we have to get our assessed value back.
Ms. Dougherty: ...to get reimbursed for the cost.
Mr. Odio: That's why we need to get our real value back.
Mr. Gerson: So, going under the value concept, which is not correct, but,
even using that and applying it in a correct manner, it will be less than the
State nine and a half cents. In addition, we met with the City. It's almost
impossible to determine the historic cost of the roads. They were dedicated,
the cost is very small. We could not find any records. And, I submit, very
humbly, that the cost to the City of trying to go back and establish their
historic cost, with for the road, probably be less that 9 cents and the cost
will be greater than the $200,000.00 that it will be. And, we could see no
evidence of the cost. So, it is my reccmmendation in my report that the
State, in its wisdom, setting up the $500.00 per mile, nine and a half cents
per linear foot, is the correct amount that we should have here.
64 September 7, 1993
Commissioner Plummer: And, how much did you charge, sir, to do your services?
Mr. Gerson: Less than competition. MCI is a fairly competition - I don't
knew the exact...
Commissioner Plummer: You have a problem answering my question?
Mr. Gerson: I don't know how much it is a call. Oh, my services. I beg your
pardon, I thought you said haw much they charge. Our services are based on an
hourly rate. And, my hourly rate is a $150.00 an hour, sir.
Commissioner Plummer: And, the total cost?
Mr. Gerson: I would say that it would be in the range of around $10,000.00.
Commissioner Plummer: Thank you.
Ms. Dougherty: Commissioners, I would like an opportunity to address the
specific issues raised by Mr. Gerson, just a couple of them. One is the
statute, this particular statute, does not define the cost of land, other than
to refer to it. And, my professional experience, and I spend most of my times
establishing rates and fees for utilities companies. When cost is something
specific, then it is usually defined in the statute. In this case, it is not
defined. It was interpreted by the City staff to mean. The legal
interpretation was opportunity cost or fair market value. And, in my
professional judgment, that's a fair interpretation of cost. That what we
need to look at is the opportunity cost of using that land. And, that can be
estimated by looking at fair market values. Instead of, again, as Mr. Gerson
pointed out, instead of applying that all at one time, we use an average
interest rate as a carrying cost on that land. I think that, again,
opportunity cost and fair market value is a fair interpretation of that
statute. The assertion that 90 percent of the value goes to adjacent property
owners, I think, is entirely erroneous by allowing property owners development
rights. I don't believe that you, that the City, has given up any right or
value in its right of way property. The last point I'd like to make is that
the same, the Florida Statutes allow you to charge a franchise fee to
telephone companies for use of these easements of up to one percent of their
gross revenues. In this case, it being a private telecommunication provider,
the statute is different. And, it allows a calculation of the cost based fee.
But, I would venture to say that one percent of gross revenues would have
resulted in a much larger numwer.
Mayor Suarez: Is it this...
Commissioner Dawkins: How... Let me ask this. How do they arrive at the
figure that 90 percent - only 10 percent of the road belongs to someone else
and 90 percent of the road belongs to the homeowners? Haw do you get that? I
mean, how is that arrived at?
Ms. Dougherty: I... As far as the actual calculation, from what I
understand, MCI is asserting that because the adjacent owners obtain some
value from the use of that right of way, they are allowed to develop based
upon the amount of right of way that's available to them - that they have
65 September 7, 1993
samehow taken value away from the City. And, why it is 90 percent, of 10
percent, or anything? - I don't know. I think that that's...
Commissioner Plummer: I don't understand this.
Commissioner Dawkins: I have a problem with that in that if someone is hurt
on the street or on the sidewalk they don't - when they go to court, the City
of Miami does not assume 10 percent of the cost. We have to assume 100
percent of the cost.
Ms. Dougherty: Exactly. Exactly. And, we recognize these.
Commissioner Plummer: Mr. Manager, help me out, please. Is this any
different than Southern Bell using our public right of way?
Ms. Dougherty: No, it is not.
Commissioner Plummer: And, what do they pay us a year? Is it any different
than what Florida Power and Light has a franchise with us for?
Ms. Dougherty: Yes.
Ccmmmi.ssioner Plummer: And, what do they pay us a year?
Mr. Odio: I can get you an exact amount. It's no difference.
Commissioner Plummer: Well, you know, what is the difference? Something is
radically wrong that I don't understand here. And, I just...
Mr. Odio: That's why I was saying before that if they are willing to go on
one percent of the gross, I will take it.
Ms. Dougherty: This is...
Mr. Odio: But, they cannot get free use of City property to make a profit.
Commissioner Alonso: But, they have an exclusive. It's different.
Ms. Dougherty: Let me just...
Commissioner Plummer: Well, but I see a... Excuse me. I see a problem were
there is some State statutes addressing the area. OK? - and, you go above a
certain amount, then you have to justify. And, I don't know that one percent
of gross would be acceptable under State statute...
Ms. Dougherty: No, it will not.
Commissioner Plummer: ...I can't answer that. But, I am trying to
understand, a company like MCI, who has proposed to pay $4700.00 a year. A
multimillion dollar corporation. Where... What is the major - why is there a
problem? I don't understand.
Mr. Odio: They are afraid of the precedent - that they may have to do this in
all the cities in the State of Florida.
66 September 7, 1993
I
Commissioner Plummer: Well, then, let me ask this gentlemen who is the
defender of the harmed individuals. Sir, there is a lawsuit, I understand in
Jacksonville presently over the same issue. Are you involved in that, sir?
Mr. Gerson: No, I am not.
Commissioner Plummer: All right.
Mr. Gerson: I don't believe there is any.
Commissioner Plummer: Can I ask one of the companies to stand up and address
the issue. What is the present lawsuit in Jacksonville about this same issue?
Richard Strom: I am Richard Strom, from MCI. I am not aware of any law suit
in Jacksonville on this issue.
Commissioner Plummer: Relating to this issue.
Mr. Strom: I am not aware of any such lawsuit.
Commissioner Plummer: AT&T, you have no knowledge of this issue?
David Forbes: My name is David Forbes, representing AT&T. And, I am not
aware of any such lawsuit.
Ms. Dougherty: Commissioner, I think that I am aware of that. At the same
time that the City of Miami placed a two dollars per foot fee in effect, about
that same time several years ago, Jacksonville is doing something sindlar.
MCI objected here in Miami, an, also raised some issue in Jacksonville, and,
never resulted in litigation. The City of Jacksonville withdrew their fee and
Miami withdrew their fee pending, going through this analysis that we are
doing. And, my conversations with Jacksonville...
Commissioner Plummer: So, it is not a pending litigation.
Ms. Dougherty: There is no pending litigation. They are waiting to see what
we do here.
Commissioner Plummer: We will be in litigation. But, none presently. OK.
I...
Mr. Strom: The City of Jacksonville charges the same $500.00 a mile that the
statute authorizes.
Commissioner Plummer: Well, we never accused them of been intelligent.
Ms. Dougherty: There was a question...
Commissioner Plummer: All right, let me ask this question, and then I am
going to shut up. Is there a compromise?
Ms. Dougherty: We can...
67 September 7, 1993
Mr. Odio: One percent of the...
Commissioner Plummer: Is there a scale?
Mr. Odio: One percent of the gross.
Commissioner Plummer: We can't do that according to her, now.
Mr. Odio: Yes, we can.
Commissioner Plummer: Give we a compromise that is legal. Is there a sliding
scale that we can start out at a dollar and graduate it every year up, a
certain percentage. Is there an area of compromise? If there is give it to
me. If there is not, tell me not, there is no compromise.
Ms. Dougherty: Commissioner Plummer, we...
Commissioner Plummer: You don't work for me anymore.
Ms. Dougherty: Then I'll shot up.
Mr. Odio: I don't think... I am not in a mood of compromising on this one.
But, I...
Commissioner Plummer: And, not on budget day, anyhow.
Mr. Odio: If. you so wish. I think this is a fair - we have proven that it's
a fair charge. I think, like I said, that one percent of the gross, would be
much more. And, we would be entitled to that. And, we felt that we were
compromising here.
Commissioner Plummer: So, what you are basically saying to me is that you
don't think there is an area of compromise.
Mr. Odio: It's up to you, Cammissioners.
Cammissioner Plummer: Well, I understand that. But, I am asking for help. I
pay you a hell of a lot of money to help we. Now, do something.
Mr. Odio: Well, then I wouldn't compromise.
Mayor Suarez: I would have been inclined, Commissioner Plummer...
Commissioner Plummer: You would not.
Mr. Odio: But, it's up to...
Mayor Suarez: ...following your lead here, that - to table the item and let
them a possible compromise that will avoid a lot of litigation. I know that
they are concerned about the precedent that will be established. And, we've
had at least one mathematical indications that maybe a compromise...
Commissioner Plummer: Well, Mr. Mayor...
68 September 7, 1993
e
{
Mayor Suarez: ...could be reached in terms of 16 as opposed to of 24.
Commissioner Plummer: ...I have no problems with that. But, you know, I do
have a problem when only one out of the affected number of companies that are
involved...
Mayor Suarez: ...No, that's a mistake. That's a mistake. That was my...
Commissioner Plummer: ...they couldn't care less about my vote. OK.
Commissioner Alonso: Yes.
Mayor Suarez: She was representing all of them. And, wisely I...
Commissioner Plummer: No, no, no. Sir, excuse me. She came to see me as a
direct representative of MCI.
Mayor Suarez: Two of them, I think.
Commissioner Plummer: Not one other company came to see me or to express to
me of their concern.
Ms. Dougherty: No, the interesting...
Commissioner Plummer: Now, I am just saying to you, as far as MCI is
concerned, I am willing to talk. The rest of them, they don't care about me,
Why should I care about them?
Ms. Dougherty: Commissioner Plummer, you want to know that this ordinance...
This ordinance is on...
Commissioner Alonso: This isn't fair.
Ms. Dougherty: ...as an emergency ordinance.
Commissioner Plummer: Great.
Ms. Dougherty: Without any notice. It has not been published. We had to
alert them to the problem. So...
Mr. Odio: Maybe, I'll propose... Let me propose.
Commissioner Plummer: Well, all right. You are ready. Mr. Mayor, I make a
motion at this time that this matter be deferred for further consideration
with the administration to look into the possible area of compromise and
report back to this Camiission at the next meeting on the 21st.
Mayor Suarez: So moved.
Commissioner Plummer: I so move.
Commissioner Alonso: Second.
Mayor Suarez: Second.
69 September 7, 1993
Mr. Odio: Can we bring it back today?
Commissioner Dawkins: No.
Commissioner Plummer: If you can work it out, fine. But, I don't...
Mr. Odiio: Can we table it, and bring it back today?
Mayor Suarez: If you...
Commissioner Alonso: I don't...
Comammissioner Plummer: ...I think that with the barricades and budget, you've
got all you can handle today, sir.
Commissioner Dawkins: That's right.
Mayor Suarez: If you want to... It's deferred. But, if all the parties
agree at some point, we can always retake the item as long as they are all
present. However you want. Either that, or we will table it.
Commissioner Plummer: If not, we can make it retroactive.
Commissioner Alonso: Yeah, and try to find a compromise, because I am having
problems with paying fees to a consultant of $10,000.00. Paying to a fine
attorney that we have in front of us, a highly qualified person that I
respect. But, then, arguing about an amount that seems to be so low a year.
I am having problems to see that. So, try to work out some sort of compromise
because, I think that the people up here are looking at those numbers and
having second thoughts. When I saw the percentages before, I thought it was
fair. But, now looking at the numbers and listening to $10,000.00 and things
like that.
Ms. Dougherty: That's what you have now in the...
Commissioner Alonso: ...I am really having a hard time feeling any kind of
sympathy to any of those companies.
Ms. Dougherty: Yes, but that's what you have in the City now.
Commissioner Plummer: That's what I asked you before.
Ms. Dougherty: You want more in the City now.
Commissioner Dawkins: OK, OK.
Ms. Dougherty: You want more than that to come into your City. That's the
problem. That's what you have in the City. And, what you are going to
discourage is other folks to cane in that will increase that.
Commissioner Plummer: Well...
Commissioner Alonso: But, I have to be concerned about the City of Miami.
70 September 7, 1993
Commissioner Plummer: And, Lucia, don't let me, don't let me agree with you
on that subject. Miami is a prime market, OK.
Ms. Dougherty: True.
Commissioner Plummer: And, other people are going to want to come in here
because MCI is doing well. AT&T is doing extremely well. And, I don't want
to put AT&T down. Because, let me tell you something, they've been a damn
fine corporate sponsor when they came forth out of the clear blue sky to work
at Bayfront Park. So, they are doing their share of corrrnunity service. I am
not putting them down. But, I still think, they, have an obligation as others
to do their fair share when it comes to over all paying back to the City.
Commissioner Dawkins: Well, I'll like to say this, I am very hurt that some
of you came to see me and didn't go and see J.L. Plummer. That hurts my
heart
Ms. Dougherty: So, this is on for the next commission agenda?
Commissioner Plummier: It's...
Commissioner Alonso: Yes.
Commissioner Plummer: Wait a minute. Excuse me. The Manager now say after
this high price salary, he would like to offer a comprcmtise.
Mr. Odio: Well paid.
Commissioner Alonso: Now?
Commissioner Alonso: Now?
Mr. Odio: Yeah, now. No, we'll do it today. I mean, today.
Commissioner Alonso: Oh, how fast.
Mayor Suarez: Can we table the table the item then, if they...
Mr. Odio: If we can meet today. I'd like to meet today.
Commissioner Plummer: You are going to do it today.
Commissioner Alonso: Now, you mean. No, I don't think they should do it
here.
Commissioner Plummer: I moved to table it rather than defer.
Mayor Suarez: If they end up with something, at least we give the
opportunity. If not, at the end of the day remind us and then we will defer
the item. So, the item is tabled then. The motion to defer is withdrawn.
Commissioner Plummer: OK.
71 September 7, .1993
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14. BRIEF DISCUSSION CONCERNING RFSCHEDiTLING OF THE NOVEMBER AMID DECEMBER
CITY COMMISSION MEETINGS. (See label 67)
Commissioner Plummer: OK. Mr. Mayor, may I bring to your consideration for
further on in the day as given to me by the Clerk, that in the month of
November, we have a meeting which is on a holiday, which is Ve erans Day,
November the llth. We have our second meeting in November, which is the 25th,
which is Thanksgiving Day. We have Christmas Day is a holiday, which is also
another one. So, we have to give consideration to November and December...
Mayor Suarez: All right.
Commissioner Plummer: ...for the change of dates. And, you might want to be
checking with your calendars prior to bringing it up in the afternoon.
Mayor Suarez: I am available anytime in November and December.
Commissioner Plummer: Yeah, I thought the other day. You only got 3 meetings
left after today. What?
Mayor Suarez: I can't say I am counting them down.
Commissioner Plummer: But, I was just really trying to find out if there is
any truth...
Mayor Suarez: But, I can't deny counting them down neither.
Cc muissioner Plummer: ... I was trying to find out if there is any truth to
draft Xavier for mayor.
NOTE FOR THE RECORD: At this point, agenda
item 3 was temporarily tabled.
72
11
September 7, 1993
r.
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15. SECOND READING ORDINANCE: AMEND 10938 -- REVISE PREVIOUSLY APPROVED
SCMXJLED CAPITAL IMPROVEMENT PROJECTS AND ESTABLISH NEW PROJECTS To
BEGIN DURING EY 1992-93 IN PROGRAM AREAS OF TRANSPORTATION AND PHYSICAL
ENVIRONMENT.
------------------------------------------------------------------------------
Mayor Suarez: I don't think so. Item 2. We just did. Item 3.
Camiissioner Plummer: Miller.
Mayor Suarez: Proposed emergency ordinance.
Commissioner Plummer: Miller, Miller. This is Miller's baby.
Mayor Suarez Lights are going out. I don't know if that's because we
didn't...
Mr. Odio: I talked to him before I put it in here.
Commissioner Alonso: Item 3.
Mayor Suarez: OK, we'll table the item for the moment.
AT THIS POINT ITEM 3 WAS TABLED.
Mayor Suarez: Item 4.
ConTdssioner Plummer: OK.
Commissioner Alonso: Move it.
Mayor Suarez: Moved by Commissioner Alonso. Seconded by Commissioner
Plummier. Who's kind of moving around indicating he seconds. Any discussion?
If not, please read the ordinance.
AN ORDINANCE
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 PRO=S TO BEGIN
DURING FISCAL YEAR 1992-93 IN THE PROGRAM AREAS OF
TRANSPORTATION AND PHYSICAL ENVIRONMENT; A CONTAINING
A REPEALER PROVISION, SEVERABILITY CLAUSE.
73 September 7, 1993
Passed on its first reading by title at the meeting of July 8, 1993 ,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J.L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11080.
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.
------------------------------------------------------------------------------
16. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: FEDERAL
HOME INVESTMENT PARTNERSHIP GRANT PROGRAM (SECOND YEAR) -- APPROPRIATE
$3,493,000, AS APPROVED BY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) FOR IMPLIIMENTATION OF PGM.
------------------------------------------------------------------------------
Mayor Suarez: Item 5.
Commissioner Plummer: Item 5. I'll move this one and Miriam can second it.
Mayor Suarez: New special revenue fund. So moved. Second it. Any
discussion? If not, please read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "FEDERAL HONE INVESTMENT PARTNERSHIPS GRANT
PROGRAM (SECOND YEAR)," AND APPROPRIATING $3,493,000
FOR EXECUTION OF SAME AS APPROVED BY THE DEPARTM U OF
HOUSING AND URBAN DEVELOPMENT (HUD) FOR IMPLEMENTATION
OF THE HOME INVESTMENT PARTNERSHIPS PROGRAM;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
74 September 7, 1993
Passed on its first reading by title at the meeting of July S, 1993 ,
was taken up for its second and final reading by title and adoption. On
motion of Connissioner Plummer , seconded by Commissioner Alonso, 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.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11081.
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.
------------------------------------------------------------------------------
17. SECOND READING ORDINANCE: ESTABLISH FIVE NEW SPECIAL REVENUE FUNDS:
(1) JTPA TITLE I/OLDER WORKER (PY'93) ($28,000); (2) JTPA TITLE
IIA✓NEIGHBOR1iOODS JOBS PROGRAM (PY'93) ($429,000); (3) JTPA TITLE
IIC/NEIGHBORHOODS JOBS PROGRAMS (PY'93) ($429,000); (4) JTPA TITLE III
PROGRAM (PY'93) ($102,000); AND (5) OFFICE OF INTERGOVERNMENTAL LIAISON
(PY'93) ($90,000) -- FROM U.S. DEPARTMENT OF LABOR GRANT AWARDS --
AUIiiORIZING MANAGER TO ACCEPT GRANTS AND ENTER INTO NECESSARY AGREEMENTS
WITH SOUTH FLORIDA EMPLOYMENI' AND TRAINING CONSORTIUM,
Mayor Suarez: Item 6.
Commissioner Alonso: Move it.
Commissioner Plummer: Mr. Mayor, I have a problem with 6. I asked...
Mayor Suarez: JTPA.
Commissioner Plummer: ...at the last meeting. Is Frank here? I find out
that we are using, or I am told we are using general fund money to subsidize
these programs.
Mr. Odio: What? No.
Commissioner Plummer: Yeah.
Commissioner Alonso: How cane?
Commissioner Plummier: Yeah.
75 September 7, 1993
Mr. Odio: No.
Commissioner Plummer: Frank.
Mr. Odio: No we are not.
Commissioner Plummer: Frank, on the record, at the last meeting...
Mr. Odio: You said that?
Commissioner Plummer: ...when we talked about these programs...
Mr. Frank Castaneda: What?
Commissioner Plummer: ...I asked you a simple question, and, the answer was
negative. Are we using any City funds...
Mr. Castaneda: No.
Commissioner Plummer: ...on these programs?
Mr. Castaneda: No. No, sir.
Commissioner Plummer: We are not using them for administration?
Mr. Odio: No.
Mr. Castaneda: No, sir.
Commissioner Plummer: We are not using then for subsidies of these programs?
Mr. Castaneda: No, sir.
Mr. Odio: It's one hundred percent no cost to the City.
Commissioner Plummer: You are sure?
Mr. Castaneda: Positive.
Cocm►i.ssioner Plummer: No cost to the City at all?
Mr. Castaneda: Right.
Mr. Odio: Right.
Commissioner Plummer: And, now excuse me.
Mr. Castaneda: Yes.
Commissioner Plummer: We are not using City federal funds?
Mr. Castaneda: We are using two hundred and some thousand dollars out of MBG
money...
76 September 7, 1993
Commissioner Plummer: For what?
Mr. Castaneda: ... for the job program component which are not covered by
Private Industry Council (P.I.C.).
Commissioner Plummer: See, see. I didn't )mow how... But, we are not...
Mr. Odio: It is not general funds, sir.
Commissioner Plummer: ...But, excuse me.
Mr. Castaneda: How much is it?
Commissioner Plumper: We are using subsidizing these programs.
Mr. Castaneda: No, Commissioners. There are positions out
there which are
not covered by P.I.C.
And, the reason for that is
that P.I.C.
only covers the
placement of very low
income people. The City of
Miami, because we are the
City, we have to provide job opportunities for
everybody.
And, we find
everybody jobs. Some
of those jobs are direct
placements,
which are not
covered by the Private
Industry Council.
Commissioner Plummer: Are you sure that these moneys are being distributed
equally and on a bidding procedure?
Mr. Castaneda: They...
Commissioner Plummer: How are these moneys being distributed?
Mr. Castaneda: Which moneys, Commissioner?
Commissioner Plummer: Any of... Any of the Federal funds? Now, these
moneys, I am not worried about. These are clear cut. But, who decides where
that two hundred thousand dollars is going? This Commission did not vote on
it.
Mr. Castaneda: No, those are City salaries. And, there is no bidding,
Commi.sioner. It's to pay for City staff.
Commissioner Plummer: All of that money goes for City staff?
Mr. Castaneda: Yes, yes, Commissioner.
Commissioner Plummer: Entirely?
Mr. Castaneda: Entirely.
Commissioner Plummer: OK, I want to tell you something, I am going to vote on
this. But, I think, just possibly, that the next meeting I am going to
embarrass somebody. OK? - Because, it's my understanding, that there are
certain of these programs that are receiving subsidies up and above what PERC
is doing. OK? Make sure of what you are saying, now. If that's the case.
77 September 7, 1993
N
�
Mr. Casianeda: No, Commissioner. I really don't know what you are talking
about.
Commissioner Plummer: Well, we'll find out, won't we? OK. Move item b.
It's fine, Mr. Mayor.
Mayor Suarez: All right. So moved. And, in the meantime, we also have
sent - I believe Frank, but, make sure that my staff...
Commissioner Alonso: He second, I moved.
Mayor Suarez: ...has sent a letter congratulating the new Chairman of P.I.C.,
good friend Willie Ivory from Turnberry. Moved and seconded. Any discussion?
If not, please read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING FIVE (5) NEW SPECIAL REVENUE
FUNDS ENTITLED: "JTPA TITLE I/OLDER WORKER (PY'93),
"JTPA TITLE IIA/NEIGHBORS JOBS PROGRAM (PY'93)", "JTPA
TITLE IIC/NEIGHBORHOODS JOBS PROGRAM (PY'93)", "JTPA
TITLE III PROGRAM (PY'93)11, AND "OFFICE OF
INTERGOVERI,0UAL LIAISON (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.
Passed on its first reading by title at the meeting of July 8, 1993 ,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Alonso, seconded by Commissioner Plummer , the
ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11082.
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.
78 September 7, 1993
CC&2ZEN1'S MADE DURING ROLL CALL.
Commissioner Plummer: Yes, under the circumstances of what I understand that
there are no City dollars going into these Federal programs. OK.
18. EMERGENCY ORDINANCE: AMEND 10021, WHICH ESTABLISHED INITIAL
RESOURCEVAPPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND -- PROVIDE
FOR INCREASE OF $955,122 DUE TO SUCCESSFUL FORFEITURE ACTIOiNS.
------------------------------------------------------------------------------
Comnmissioner Dawkins:
Mr. Mayor, I was out of the room on 3.
Mayor Suarez: Yes, we didn't take it up because we new of your interest.
Then, item 3.
Commissioner Dawkins:
The Manager says that there are two programs that he
needs funding for. So,
I will move 3 with the understanding that the money be
taken and that none of
it, none of this down here request for appropriations,
none of this money at
all be appropriated until it commas to this Con -mission
and this Commission OK's
it.
Commissioner Plummer:
That's fine.
Commissioner Dawkins:
OK. So moved. So moved.
Commissioner Alonso: Second.
Mayor Suarez: So moved and seconded with those provisos.
Commissioner Plummer:
Well, are you going to move the two items that are
necessary?
Commissioner Dawkins:
No, I will leave that to somebody else.
Commissioner Plummer:
No, they are not. One of them is not.
Commissioner Dawkins:
No one of them is on agenda items.
Mr. Odio: No, they are agenda items.
Commissioner Dawkins:
They are agenda items, Mr. Mayor. What?
Commissioner Plummer:
Oh, OK. This is not the agenda item.
Commissioner Dawkins:
No.
Mr. Odio: That's not the one.
Mr. Jones: No, that's
not the one.
79 September 7, 1993
�
Carrmissioner Plummer: Well, that was brought to me. OK.
Mayor Suarez: OK, at some point, we will be getting into those items then?
Camussioner Plummer: OK.
Mayor Suarez: OK.
Connussioner Plummer: Fully understand, none of this money is to be
disbursed. None! Without City Commission approval.
Mr. Odio: That's what we always do.
Conmissioner Plummer: OK.
Lt. Joseph Longueira: Commissioner, on almost - as far as I know, everyone of
these items are already approved.
Camiissioner Dawkins: OK. Now see, now. I withdraw my motion. See, I
withdraw my motion.
Mr. Odio: I mean...
Commissioner Dawkins: I withdraw my motion.
Mayor Suarez: OK, but, the motion...
Mr. Odio: Commissioner, we will bring back every item before issuing the
money.
Mayor Suarez: ...Yeah. The motion reads that henceforth, as to any that this
ordinance applies to, every single item has to be voted on individually by the
Commission.
Mr. Odio: Yes, sir. We will do that.
Commissioner Plummer: Yes, sir. Yes, sir.
Mayor Suarez: Don't... Don't take it back. We have accomplished too much
with it.
Commissioner Plummer: Now, may I also, Mr. Manager. Mr. Manager, may I
suggest, strongly suggest, since you continue to say that we have no control
over that money except to approve it after the Chief has done so, Mr. Dawkins
has for two years, sir, stated his request, reasonable request, as we do for
the Coconut Grove Playhouse, and I think that is an excellent program, that he
has lasked, and should have received and has not, money for a like scenario
and in the community north of the City, that somebody better get smart.
Somebody better get smart. Now, you go from there and do what you want.
Because, I think Commissioner Dawkins had been made prowdse, had been given
commitments that have not been fulfilled.
Mr. Odio: And...
80 September 7, 1993
I
Commissioner Plummer: And, if I were in his seat... Let me tell you
something, I will feel the same way. And, I am going to continuously to slit
the vote with him, until you live up to the ranmitment which you made to him.
Not to him, to his coffmmity of which he wants to "bring home the bacon."
And, he is entitled to. So, I give you that as a fair warning.
Commissioner Dawkins: Call the roll.
Mayor Suarez: OK. Call the roll on the item please, or, read the ordinance,
please. Call the roll, please.
AN EMERGENCY ORDINANCE AMENDING ORDINANCE N0. 10021,
ADOPTED ON JULY 18, 1985, AS AMENDED, WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND
RECEIVED AMID DEPOSITED PURSUANT TO ORDINANCE NO. 9257,
ADOPTED APRIL 9, 1981, TO PROVIDE FOR AN INCREASE IN
THE AMOUNT OF $955,122 AS A RESULT OF ADDITIONAL
MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 11083.
81 September 7, 1993
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Camdssion and
to the public.
------------------------------------------------------------------------------
19. SECOND READING ORDINANCE: ESTABLISH THREE NEW SPECIAL REVENUE FUNDS:
WAGNER-PEYSER 7(B) DISCRr'TIONARY FUNDS: (1) PROJECT INDEPENDENCE
(FY'93-94) ($47,678); (2) INDIVIDUALS WITH DISABILITIES (FY'93-94)
($50,960); AND (3) OFFENDERS (FY'93-94) ($56,952) -- APPROPRIATE GRANT
FUNDS RECEIVED FROM FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY.
--------------------------------------------------------------------------------
Mayor Suarez: Yes, item 7.
Commissioner Plummer: Mr. Mayor, can I bring this up? If we don't, we are
going to lose thirty thousand dollars. This is under that trust fund. I
mean, if you don't want me to? It's says thirty thousand dollars we can lose,
sir.
Mayor Suarez: No, no, I was just... Because, she had just moved item 7. Why
don't we vote on it, and then we'll take up that item if you don't mind?
Commissioner Plummer: We did. Oh, I am sorry.
Mr. Jones: We voted on 3
Camnissioner Plummer: I'm sorry, OK. I was only doing it because it was part
of 3. That was the only reason I was doing it.
Mayor Suarez: She just moved 7. And, I hate to... Item 7 has been moved.
OK. You want to second item 7, and we'll...
Commissioner Plummer: Yes, sir. I'll second it.
Mayor Suarez: Thank you. Read the ordinance, please.
CCKYEN 'S MADE BEFORE ROLL CALL.
Commissioner Plummer: Mr. Manager, may I inquire, sir. These are for
disabilities. Where do we stand with the Orange Bawl? Are we - are we got
money from this fund for the Orange Bowl and the problems that are therein
contained.
Mr. Cesar Odio (City Manager): We are negotiating. We have a lawsuit. We
have been meeting with the ABA constantly. And, the University of Miami is
involved in this lawsuit. We have agreed in certain things. We are doing...
Commissioner Plummer: But, I - sir, I am speaking to the agenda item. Are
these moneys been used for that, for the disabilities in the orange Bawl?
Mr. Odio: No, no.
82 September 7, 1993
Commissioner Plummer: Should we think about that rather? - than diverting the
money somewhere else to put it into the Orange Bowl to help... I realize, you
know, people when they got you on the run, they try to get as much as they
can. And, some of the areas, that I think, that the City has...
Mr. Odio: No, this is for... This is for skills and job placement. This has
nothing to do with physical improvements that we must do to the Orange Bowl.
Mr. Olio: We are already doing that. We are finishing the parking lot now.
Commissioner Alonso: We had approved some...
Commissioner Plummer: OK. Some of their request are ridiculous.
Mr. Odio: Yes.
Mayor Suarez: OK. Call the roll, please.
Commissioner Plummer: Call the roll.
4'
AN ORDINANCE
AN ORDINANCE ESTABLISHING THREE (3) NEW SPECIAL
REVENUE FUNDS ENTITLED: "WAGNER-PEYSER 7(B)
DISCRETIONARY FUNDS"; "PROJECT INDEPENDENCE (FY'93-
94)1, "INDIVIDUALS WITH DISABILITIES (FY'193-94)11, 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 ENI`ER 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.
Passed on its first reading by title at the meeting of July 8, 1993, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Alonso, seconded by Commissioner Plummer, the ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
t
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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11084.
83 September 7, 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.
-------------------------------------------------------- ---------------------
20. ALLOCATE $17,420 FROM LAW ENFORCEI EM TRUST FUND TO FUND ACQUISITION BY
POLICE DEPAR`ITMElff OF AN llNI'ERFACE PROGRAM WITH METROPOLITAN DADE
C01UN 'Y'S CRIMINAL JUSTICE INFORMATION SYSTEM WHICH WOULD ALUM FOR
CRIMINAL CHECKS.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, resolution authorizing the purchase of an
interface with Metropolitan Dade County Criminal Justice Information System,
at a cost not to exceed...
Mr. Cesar Odio (City Manager): What's that...
Commissioner Plummer: ...Seventeen thousand four hundred, and twenty in
allocating funds therefrom the Law Enforcement Trust Fund.
Mr. Odio: What?
Cc missioner Plummer: Such expenditures have been certified by the Chief of
Police as being in compliance with Florida State Statute 9302.7055...
Mr. Odio: Excuse me, Commissioner.
Commissioner Plummer: ...And, being subject to applicable City Code
provisions. Mr. Mayor, this money will bring us approximately $29,000.00
matched by the County. And, if we don't pass it, we'll lose the 29.
Mayor Suarez: I just want to make sure that the administration is OK on it.
They seem a little befuddled here.
Commissioner Plummer: Excuse me.
Mayor Suarez: Bedazzled, befuddled and puzzled.
Mr. Odio: No, I didn't know... You talk to them.
Commissioner Plummer: Joe, you didn't run it by the Manager?
Mayor Suarez: All right, so moved.
Commissioner Alonso: He has objections?
Commissioner Plummer: Oye. Oye, don't do that to me. I move it, Mr. Mayor.
I am not going to lose. Anytime the County want to give $30,000.00, I am
going...
Commissioner Alonso: For those of us that have no idea of what's been
happening...
84 September 7, 1993
h
Commissioner Plummer: Neither do I.
Commissioner Alonso: ...could we be enlightened and be told what is going
on? - Why the Manager was so upset?
Mayor Suarez: Are you sure you want to be enlightened on... Yes, Lieutenant.
Lt. Joseph Longueira: A couple of years ago the County changed their criminal
justice system. In order for. us to maintain access, we have to buy this
software and hardware. They gave us $29,000.00 to do it. We are paying the
additional $17,000. We have to have this to maintain access to get criminal
checks to the County. We have to have it. And, that's why it is here today,
because, they are getting ready to pull it, if I don't make the payment.
Mayor Suarez: It sounds like an ideal item for the consent agenda.
Commissioner Alonso: Yes.
Mayor Suarez: All right.
Commissioner Plummer: It would have been served.
Lt. Longueira: It would have been...
Mayor Suarez: OK. Do we have a second?
Commissioner Alonso: Yes, yes, yes.
Mayor Suarez: I take the Commissioners slaw yes.
Mr. Odio: I take the blame for that. I had pulled that item from the consent
agenda, because of respect to Commissioner Dawkins have not been complied.
Mayor Suarez: All right.
Commissioner Alonso: Oh, I see.
Mayor Suarez: Call the roll real quick before he hears that.
Commissioner Plummer: You want to take up the garbage in Bayfront Park?
WOL
The following resolution was introduced by Carmissioner Plumper, who
moved its adoption:
RESOLUTION NO. 93-532
A RESOLUTION AUTHORIZING THE PURCHASE OF AN INTERFACE
WITH METROPOLITAN DADE CW TY'S CRIMINAL JUSTICE
INFORMATION SYSTEM, AT A COST NOT TO EXCEED $17,420,
AND ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT
TRUST FUND, SUCE EXPENDITURE HAVING BEEN CERTIFIED BY
THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH
FLORIDA STATE STATUTE 932.7055, AND BEING SUBJECT TO
APPLICABLE CITY CODE PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Conmissioner 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
--------------- --------------------------------------------------------------
21. SECOND READING ORDINANCE: AMEND CODE SECTION 2-75, THEREBY ASSESSING A
LATE PAYMENT PENALTY FOR THE CERTIFICATE OF USE RENEWAL FEE.
Mayor Suarez: Item 8.
Comnissioner Alonso: I will move this item. But, I have a question. Don't
we have a penalty, now, in effect?
Mr. Carlos Garcia: No, we don't. Not for a certificate of use, no, ma'am.
Camiissioner Alonso: OK.
Commissioner Plummer: And, how much is the penalty, double the amount?
Mr. Cesar Odio (City Manager): The first was the ten...
Mr. Garcia: No.
Mr. Odio: ...Go ahead. The first was the ten - it goes up to 25 percent, if
you don't pay it by the fourth month.
86 September 7, 1993
Commissioner Plummer: What happens if they don't pay it all the year, and you
catch them? What is the penalty for that?
Mr. Garcia: They are not supposed to have a license. And, once they don't
have a license...
Commissioner Plummer: Sir, there are people out there, day in and day out,
that don't have occupational licenses. I mean, these guys selling rugs on
Coral Way, I guarantee you they don't have a license.
Mr. Odio: Well, that's serious business here.
Commissioner Plummer: Sir, serious businesses are hurting because of all of
these little jake legs that are coning up, and, big businesses are going out.
I am just asking.
Mr. Odio: But, that's... That's another issue.
Commissioner Plummer: In other words, if they are a year without a license,
there is no penalty other that the 4 percent, is that correct?
Mr. Garcia: If they don't have a license, they are supposed to be closed
down. And, that's something that we have to work...
Commissioner Plummer: But, you know and I know that that's not happening.
Mr. Garcia: That is true.
Commissioner Plummer: Well, what are we going to do to correct it? Mr.
Manager.
Mr. Garcia: The only thing we can do is work with the Police Department and
try to...
Commissioner. Plummer: ...you are looking for the revenues.
Mr. Odio: It is not 4 percent.
Commissioner Plummer: What?
Mr. Odio: It goes up to 25 percent.
Commissioner Plummer: Mr. Manager, what are we doing about these people who
are doing a commercial venture in the City of Miami without paying the City a
fee?
Mr. Odio: If they don't have a license, we have to shoot them out.
Commissioner Plummer: But, you are not doing it. Now, I realize that some of
these people are out there are on a shoestring... But, each one of them...
87 September 7, 1993
R
Commissioner Plummer: A fee.
Mr. Odio: If they don't have a license, we have to shut them down.
Commissioner issioner Plummer: But, you are not doing that. Now, I realize same of
these people are out there on a shoe string. But, each one of those shoe
strings hurt legitimate businesses.
Mr. Odio: Why don't we start with these penalties. We need to develop
businesses in the City. I don't want to...
Commissioner Plummer: Well, let me disagree with you on one point, sir.
Commissioner Alonso: He is talking about street vendors.
Commissioner Plummer: I am talking about people that are...
Mr. Odio: Oh, I am not talking about street vendors.
Commissioner Plummer: ...doing business without a license.
Mr. Odio: I am not talking about street vendors.
Commissioner Plummer: OK. I don't feel, Mr. Manager, that this is a police
problem. I don't think that the police should be utilized in this area. I
think that's why you have a Building and Zoning and Finance Departments for.
Mr. Odio: But, I need to understand.
Commissioner Plummer: They are the ones that should be enforcing that.
Mr. Odio: Are you talking about the corner vendors, the street vendors, or
what?
Commissioner Plummer: Sir, I am talking...
Commissioner Alonso: He is talking about businesses without the use of...
Ccmmissioner Plummer: ...I am talking about businesses that are operatinG
without a license.
Mr. Odio: OK. I will coarse up with something about that.
Cc missioner Plummer: OK. Call the roll. Did you read the ordinance.
Mayor Suarez: Call the roll, please.
AN ORDINANCE AMENDING SECTION 2-75 OF THE CODE OF THE
CITY OF MIAMI, AS AMENDED, 'THEREBY ASSESSING A LATE
PAYMENT PENALTY FOR THE CERTIFICATE OF USE RE1 IALA
FEE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
88 September 7, 1993
Passed on its first reading by title at the meeting of July 22, 1993,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Alonso, seconded by Commissioner Plummer, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 11085.
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.
------------------------------------------------------------------------------
22. DIRECT CITY MANAGER AND CITY CLERK TO TAKE ALL ACTIONS TO INITIATE
PROPOSED BOUNDARY CHANGE OF THE CITY OF MIAMI IN ORDER TO ANNEX TWO
SEPARATE TRACTS OF LAND SITUATED AT VIRGINIA KEY (THE SOUTHERN END OF
VIRGINIA KEY BEACH AND THE PARCEL OF LAND WHEREIN THE MIAMI MARINE
STADIUM / ADJACENT PARKING LOT, AND THE ADJACENT BOAT CLUB FACILITIES
ARE LOCATED.) -- TO PROVIDE FULL RANGE OF PUBLIC RECREATIONAL USES. --
SET PUBLIC HEARING.
Mayor Suarez: Item 9.
Commissioner Plummer: What boundaries are we changing?
Mr. Cesar Odio (City Manager): This is in the Marine Stadium.
Mr. Jack Luft: Yes.
Mr. Odio: In order for us to go out on a UDP (Unified Development Project),
start a UDP process, we needed it to incorporate it as part of the City of
Miami within the City of Miami limits. That's all what we are doing here.
So, because right now it is in the County.
Commissioner Alonso: Move it.
Commissioner Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
89 September 7, 1993
Mr. Jack Luft: There is actually two areas, one is... Virginia Key Beach as
well.
Commissioner Alonso: I know.
Commissioner Plummer: But, wait a minute. This is only to set a public
hearing.
Mr. Luft: That's right.
Mr. Odio: That's all.
Commissioner Alonso: Sure.
Mayor Suarez: OK. Let's move on that, by all means.
The following resolution was introduced by Commissioner Alonso, who
Leaved its adoption:
RESOLUTION NO. 93-533
A RESOLUTION DIRECTING AND AUTHORIZING THE CITY
MANAGER AID THE CITY CLERK TO TAKE ANY AND ALL ACTIONS
NECESSARY TO INITIATE A PROPOSED BOUNDARY CHANGE OF
THE CITY OF MIAMI, FLORIDA; FURTHER, SETTING A PUBLIC
HEARING BEFORE TIM MIAMI CITY COMMISSION CONCERNING
SAID PROPOSED BOUNDARY CHANGE FOR SEPIU4BER 21, 1993
AT 3:00 P.M.
(Here follows body of resolution, cmitted here and on
file in the Office of the City Clerk.
Upon being seconded by Cam'issioner 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.
90 September 7, 1993
-------- - ----------------
23. E EC;IM AMENIMU TO APPLICATION FOR A COK4MTY DISASTM LOAN FROM TSE
FEDERAL ocROENCY MAMA IT AGENCY (FEMA) IN AN ADDITIONAL A4XW OF
$4,000,000.
------------------------------------------------------------------------------
Mayor Suarez: Item 10.
Mr. Cesar Odio (City Manager): This is a... we need your approval to go ahead
and accept the 5 million dollars fran FEMA.
Mayor Suarez: Any problems with item 10? If not, I'll entertain a motion.
Commissioner Plummer: The only thing I have, Mr. Mayor, is let's very, very
well remember, that FEMA has up to three years to audit and come back and
disallow and you have to pay back. I will tell you, if all of you have had
the opportunity to look at what some of these moneys have been spent for. I
hope that they are well within accord of the FEMA rules and regulations.
Ij
Mr. Odio: We have.
Commissioner Plummer: Some, in my estimation, are borderline.
Mr. Odio: We are not borderline. We have done very well with FEMA.
Commissioner Plummer: OK. I always liked Federal money.
Mr. Odio: We have been...
Commissioner Plummer: But, when I have had the potential of having to pay it
back...
Mr. Odio: We have a very good disaster team. They're experts now on FEMA.
And, we are not in the borderline. We are doing very well.
Commissioner Plummer: All right, sir. Just making it for the record.
Anybody move it?
Cammmi.ssioner Alonso: For what?
Commissioner Plummer: Item 10. I'll move it.
1
Mayor Suarez: Moved.
i Commissioner Alonso: Yes. Second.
1 Mayor Suarez: Seconded. Any discussion? If not, please call the Troll.
K
91 September 7, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption: s
RESOLUTION NO. 93-534
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE APPLICATION FOR A COMMUNITY
DISASTER LOAN FROM THE FEDERAL EMEFtGENCY MANAGEMENT
.AGENCY (FEMA) IN AN ADDITIONAL AMOUNT OF $5,000,000;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE
PROMISSORY NOTE RESULTING FROM THE APPLICATION, AS
AMENDED.
(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.
------------------------------------------------------------------------------
24. APPROVE ISSUANCE OF $60,000,000, CITY OF MIAMI, FIARIDA HEALTH
FACILITIES AUTHORITY HEALTH FACILITY REVENUE REFUNDING BONDS, SERIES
1993 (MERCY HOSPITAL PROJECT), FOR PURPOSES OF SECTION 147(F) OF
INTERNAL REVENUE CODE OF 1985.
Commissioner Plummer: Item 11, Mr. City Attorney, I sit on the board at Mercy
Hospital of the Outpatient Clinic. Should I recluse myself from voting on
item 11?
A. Quinn Jones III, Esq. (City Attorney): No.
Commissioner Plummer: The answer is no, sir? Thank you.
Mayor Suarez: OK, so...
Commissioner Plummer: So be it.
Commissioner Alonso: Move it.
Mayor Suarez: Moved.
92
September 7, 1993
1
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOIJHION NO. 93-535
A RESOWTION, WITH ATTAG'HMWTS, APPROVING THE ISSUANCE
OF AN AMOUNT NOT TO EXCEED $60,000,000 CITY OF MIAMI,
FLORIDA HEALTH FACILITIES BONDS, SERIES 1993 (MERCY
HOSPITAL PROJECT), FOR THE PURPOSE OF SECTION 147(F)
OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED;
APPROVING THE MINUTES OF THE PUBLIC HEARING HELD BY
THE AUIMRITY PURSUANT TO THE TAX EQUITY AND FISCAL
RESPONSIBILITY ACT OF 1982; AND PROVIDING AN EFFECTIVE
DATE.
(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.
------------------------------------------------------------------------------
25. APPROVE PURCHASE OF A JOHN DEERE 544 E/G FRONT END LOADER FROM JOHN
DEERE INDUSTRIAL COMPANY (FOR DEPARIMU OF GSA AND SOLID WASTE).
------------------------------------------------------------------
Mayor Suarez: Item 12.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
*1
September 7, 1993
J
V.7;
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-536
A RESOLUTION AUTHORIZING THE PURCHASE OF A JOHN DEERE
544 E/G FRONT END LOADER, FROM AN EXISTING STATE OF
FLORIDA OPEN END CONTRACT NO. 760-001-93-1, FROM THE
JOHN DEERE INDUSTRIAL COMPANY AT A PROPOSED AMOUNT OF
$71,287.00 FOR THE DEPARIM0T OF GENERAL SERVICE
ADMINISTRATION AND SOLID WASTE; ALLOCATING FUNDS
THEREFOR FROM THE RECYCLING PROGRAM PRO,7ECT NO.
197005, ACCOUNT CODE NO. 421303-840; AUTHORIZING THE
CITY MANAGER TO INSTRkr THE CHIEF PRC�MENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMFM.
(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.
------------------------------------------------------------------------------
26. RATIFY CITY MANAGER'S AWARD OF BID TO ACTION LAND DEVELOPMENT
CORPORATION FOR REMOVAL OF MIXED, CONTAMINATED HURRICANE DEBRIS STORED
AT VIRGINIA KEY AND TRANSPORTED TO THE POMPANO LANDFILL -- ALLOCATE
FUNDS FROM FEMA. (#DSR H37849)
Mayor Suarez: Item 13. Thank you.
Commissioner Alonso: Yes, before we vote. Can I have the information about
the company, this company, before a vote is taken? I don't have it on my
backup.
Mr. Ron Williams (Assistant City Manager): On item 13, Commissioner?
Commissioner Alonso: Thirteen.
Unidentified speaker: Twelve, twelve or thirteen?
Commissioner Alonso: Thirteen.
94 September 7, 1993
i.E".
Mr. Williams: Thirteen.
Commissioner Plummer: Thirteen, we just did twelve. We trucked it over to
Virginia Key and now we are trucking it off. Double your pleasure.
Mr. Williams: Uh, let me get it for you, Commissioner. I can bring it to
You.
Commissioner Alonso: OK. All right, can we move on.
Mr. Williams: I am not sure, you just want the principle officers and...
Commissioner Alonso: Yes.
Commissioner Dawkins: No, I am like her. I need to know what it is, who it
is and why it is.
Mr. Williams: OK, I can give you the why's. But, let me, at this point, let
me bring it back to you, make sure that you have the full information
regarding the company and who the principle officers are and so forth.
Mayor Suarez: Right.
Commissioner Alonso: Thank you.
Mr. Williams: In particular to the why, Commissioner Dawkins, this is
basically bringing to you for ratification per the Manager's program of
bringing to you everything over $150,000.00 for your approval. This is part
of the hurricane debris clean up at Virginia Key. As you well know, we were -
you know - really questioned and almost cited by DERM(Department of
Environmental Resources Management). Because, we did have some mixed debris
there that we had to truck over to the Pommpano landfill.
Commissioner Dawkins: But, the only problem is, Mr. Williams. And, I think
that each Commissioner shared a concern. Certain people have not gotten any
of this money. And, certain people continue to get a].1 the money. And,
that's... I301 you can... Bring it back this afternoon. I'd like, you
know...
Commissioner Plummer: That's what it says here.
Commissioner Dawkins: ...if certain people keep calling my office and I know
they are calling each Commissioner's office...
Commissioner Alonso: Yes.
Commissioner Dawkins: ...and, they are not getting any of this work. But,
yet, we keep hauling it away. And, the same people keep hauling it.
Mr. Cesar Odio (City Manager): Let we explain, Commissioner. This was done
way back. This is... But...
Commissioner Dawkins: OK. Uh, let's see.
95 September 7, 1993
Mr. Odio: We were - let me tell you. At one point there, the County had sent
us threatening letters that we were going to be fined $10,000.00 a day or some
ridiculous amount.
Mr. Williams: Right.
Mr. Odio: And, FEMA(Federal Emergency Management Agency) agreed, to remove
that debris out right away. The company was a female -awned company we had. I
don't know of who it is.
Mr. Williams: Action Land.
Mr. Odio: All right.
Commissioner Dawkins: But, see. Yeah, but female... these is a justice guy,
has a justice guy who keeps calling me saying that they don't get... There is
a lot of people out there who keep saying that they don't get no work. And,
you... But...
Mr. Odio: But, we are not giving work out right now, unless you approve it
first.
Commissioner Dawkins: How can I approve it, when you say you have already
spent the money?
Mr. Odio: No, but his one was way back, Commissioner, after the hurricane
recovery.
Commissioner Dawkins: OK.
Mr. Odio: Any work done now, OK...
Mr. Williams: Yeah. The company...
Commissioner Dawkins: All right bring the item in at 2:00 o'clock, Mr.
Williams, or 2:30, meet me in the office and explain it to me.
Mayor Suarez: OK. Tabled then until...
Commissioner Dawkins: You all can do what you want to do with it. But...
Mayor Suarez: What do you want to do?
Commissioner Dawkins: No, whatever the Cammission want to do.
Mayor Suarez: You want to pass it and then...
Commissioner Dawkins: Because, I got a problem.
Commissioner Alonso: Can't we table the item?
Commissioner Plummer: But, what choice was... Excuse me. Excuse me, what
choice do we have? We are ratifying work that has already been done.
96 September 7, 1993
J
J
0
Commissioner Alonso:
Yeah, that's the problem...
Commissioner Plummer:
What choice do we have? I mean is...
Mayor Suarez: As a courtesy to the Commissioner, explain it further then...
Commissioner Plummer:
Then, that's fine. I...
Mayor Suarez: ...and
in the mean time, you don't mind us ratifying this? All
right.
Commissioner Dawkins:
I don't mind ratifying. We already spend it. But, I
need explanation of the high and...
Mayor Suarez: OK.
Commissioner Alonso:
Well, if I am going to be given a week... Yes.
Commissioner Plummier:
Fine. You are entitled to it. That's...
Mayor Suarez: OK.
Commissioner Dawkins:
Tell me why it won't be done again.
Commissioner Alonso:
Exactly. And, if...
Commissioner Dawkins:
J.L. moved it, I second it.
Commissioner Alonso:
And, if we are going to have information provided to
us - And supposedly
we are supose to say yes, no, reagardless whether it's
after the fact - I think that we should be given this information.
Mr. Williams: Commissioner.
Commissioner Alonso:
A company, I would like to know who is the company.
They tell me it's a
female company. I want to know, is she the wife of the
owner or is she the owner of the company?
Mayor Suarez: Is she white, black, brown or Spanish?
Commissioner Alonso:
I'd like to know. I don't want to be seeing anymore...
Exactly.
Commissioner Plummer:
What about if she is single?
Commissioner Alonso:
We need this information. I'd like to know who got the
contract.
Mr. Odio: I just...
All right, OK.
Mr. Williams: Commi.ssioenr Alonso, you are absolutely correct.
Commissioner Alonso:
Thank you.
97 September 7, 1993
Mr. Williams: That information should have been in your package. And, we'll
make sure that you'll get it.
Mayor Suarez: OK, the chair recognizes the presence of the Mayor of Wynwood,
Father Jose Luis Menendez, surrounded by his bodyguards.
Camiissioner Alonso: That poor thing. It's painful around here.
Camissioner Plummer: That bad.
Mayor Suarez: Co missisoner, Conrdssioner Dawkins and I were victims of his
initial activism. And, since then, all of us have been victims of his
activism.
Commissioner Dawkins: Right. And, keep up the good work, Father. You are
doing great out there. You are doing great.
Camissioner Alonso: Yes.
Camissioner Plummer: That's not bad. That's not bad. Well said by a
Baptist.
Camissioner Dawkins: Yes it is, for a Catholic.
Mayor Suarez: I am just wandering what item he is here on. But, I have a
feeling that we are going to hear it pretty soon. OK. Item 13, then.
Ms. Matty Hirai (City Clerk): Excuse me, Mr. Mayor. Mr. Mayor.
Mayor Suarez: We moved it right. Right?
Camissioner Plummer: Yes.
Commissioner Dawkins: Yes, we moved it.
Mayor Suarez: Did we call the roll, Madam City C1erK?
Ms. Hirai: No, sir. We haven't.
Mayor Suarez: Please call it.
98 September 7, 1993
} r
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
s
RESOLU.rION NO. 93-537
A RESOTITT'ION RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S ACTION IN AWARDING THE BID TO ACTION
LAND DEVELOPMENT CORPORATION, IN THE A 4OLM OF
$396,213.29, FOR THE MUVAL OF MIXED, CONTAMINATED
HURRICANE DEBRIS STORED AT VIRGINIA KEY AND
TRANSPORTED TO ra[E POMPANO LANDFILL; ALLOCATING FUNDS
THEREFOR FROM F.E.M.A. DSR #37849.
(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.
i
ABSENT: None.
-------------------------------------------------------------------------------
27. (A)EXECLIM AMENEMENTI'S TO AGREEMENTS WITH THE FOLLOWING 13 NEIGHBORHOOD
ECONOMIC DEVELOPMENT ORGANIZATIONS: (1) ALLAPAZTAH BUSINESS
DEVELOPMENTT, INC. ; (2) COCONUT GROVE LOCAL DEVELOPMENT CORPORATION,
INC.; (3) DOWNIUM MIAMI BUSINESS ASSOCIATION, INC.; (4) EDGEWATER
ECONOMIC DEVELOPMENT CORPORATION; (5) GREATER BISCAYNE BOULEVARD
Ci-NAM13ER OF COMMERCE, INC . ; (6) HAITIAN AMERICAN FOUNDATION, INC . ; (7 )
HAITIAN TASK FORCE, INC.; (8) LATIN QUARTER ASSOCIATION, INC.; (9)
LITTLE HAVANA DEVELOPMENT AUTHORITY, INC.; (10) MARTIN LU HER KING
ECONOMIC DEVELOPMENT CORPORATION, INC.; (11) NEW WASHINGION HEIGM
G'CXA,JNITY DEVELOPMENT CONFERENCE, INC . ; (12) PARK WEST ASSOCIATION,
INC.; AND, (13) SMALL BUSINESS OPPORTUNITY CENTER, INC. AND SOCIAL
SERVICE AGENCIES -- MODIFY FUNDING LEVEL AS DIRECTED BY THE COrM4ISSION.
(B) ALLOCATE $50,000 TO THE RAFAEL HERNANDEZ HOUSING AND ECONOMIC
DEVELOPMENT CORP.
(C)URGE WEED SUPERVISION AT MOST ACTIVELY USED CITY PARKS.
-------------------------------------------------------------------------------
Mayor Suarez: Item 16. Execute amendments for 13 Neighborhood Econcmic
Development Organizations.
Camnissioner Dawkins: Oh, that's why we are here.
Commissioner Plummer: Which one? Sixteen was withdrawn.
Commssioner Dawkins: No, 17 was withdrawn.
f
Camdssioner Plummer: Huh?,
�i
Mr. Cesar Odio (City Manager): Sixteen was not withdrawn.
Camdssioner Alonso: Seventeen was...
Camdssioner Plummer: What is 16?
Mr. Odio: Seventeen.
Camussioner Plummer: Seventeen, I know was. But, I thought that this paper
I have said 16.
Commissioner Dawkins: No, 16 is...
Commissioner Plummer: I could have sworn I heard you say...
Mr. Odio: Sir, we need to do this today. Because, we need to add at least
1/12th more to the social agencies so that they can get carried through...
Commissioner Plummer: Well, I got to tell you something. I'd like to keep
them under the gun. I really would.
Mr. Odio: Then go ahead with 1/12th.
100 September 7, 1993
r
Commissioner Plummer: I'll move 1/12th. Keep them under the gun. Keep the
pressure on. And, let's make sure that these people are doing what they are
supposed to be doing.
Commissioner Dawkins: OK, I'll second it. „
Mayor Suarez: Moved and seconded as to 1/12th funding. Any discussion? If
not, please call the roll.
Commissioner Dawkins: Now, under discussion now.
Vice Mayor De Yurre: OK. Now, before, before we get into a vote.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Under discussion, Father Menendez, would you please
come to the mike.
Mayor Suarez: Father Menendez.
Commissioner Dawkins: I think we all need... We all are aware that we have a
crisis in Wymmod. And, we are not funding the Wynwood Development
economic...
Father Jose Luis Menendez: Yes.
Commissioner Dawkins: ...so therefor, nothing is happening in Wynwood. So, I
think that you...
Vice Mayor De Yurre: No, that's the reason why that Father and some of the
folks of the Wynwood area here. They have created a new corporation to do
economic and housing development in the area. And, the Lord knows that that
is one area that needs that kind of help.
Commissioner Plummer: Excuse me, I'm missing something.
Vice Mayor De Yurre: And, the...
Commissioner Plummer: When this Commission withdrew those funds from that
organization, we turned it over to the Manager. Who assured us that he would
sent City forces in there to run the organization and there would be no
discontinuing of services. Now, what happened to that?
Mr. Odio: No, the organization chose not to accept that.
Commissioner Plummer: Who gives...
Mr. Odio: No, no, no. They chose not to accept our money. They can do that.
Commissioner Dawkins: That' right.
Vice Mayor De Yurre: So, J.L. We are faced with a situation now...
Mr. Odio: They have not complied with anything that the Commission has
requested.
101 September 7, 1993
Commissioner Plummer: Hey, you know, I want to tell you something. This
whole Wynwood scenario, not you, Father. But, the trade zone, the economic
development, is starting to have a very funny odor. And, I don't like it.
Now, Mr. Manager, when we made that decision, I did it with the comfort that
you were sending City people in there to straighten that mess out.
Mr. Odio: We sent people...
Commissioner Plummer: No one, excuse me, no one has informed me to this date,
that they didn't accept that help. And, I am now finding out something
different.
Mr. Odio: We have been trying - I think I talked to you about this. But,
anyway...
Commissioner Plummer: No, sir.
Mr. Odio: I think I have. But, that we went in there. The Board met. They
were supposed to have had a meeting with us. They refused to meet. They only
sent two members of the Board. They did not accept you denominations for the
new Board. They...
Commissioner Plummer: Now, is this the Economic Development?
Commissioner Dawkins: And, did not want any... And, did not want any money
from the City of Miami.
Commissioner Alonso: Yes.
Mr. Odio: So, so. And, they didn't want any money. Therefore, the money
from you could not be released. Period.
Commissioner Plummer: OK. Then, we asked Mr. Dawkins to go over and become
involved in the free trade zone.
Mr. Odio: And, he has.
Commissioner Plummer: Those two dove -tail together. So, where are we on this
overall scenario. You know, it scare me when we start talking, which we never
knew about 99-year leases. Certain individuals designated that they are the
sole priority agent. Mr. Manager, I am not comfortable.
Mr. Odio: Well, then put a cushion on your seat. Because, we are under
control on that one. I feel that we've done everything that we've had to do
to make sure that the City's moneys are protected and the Wynwood trade zone
is protected. And, I...
Commissioner Dawkins: And, they... They just refused to negotiate. They
refused even to talk to us, J.L.
Commissioner Plummer: Well, is that in reference to the Economic Development,
or in reference to Wynwood Trade?
102 September 7, 1993
Commissioner Dawkins: In anything. Anything.
Mr. Odio: You had said including...
Commissioner Plummer: Now, then let's... You know, we better open up this
can here.
Mr. Odio: Well, then...
Commissioner Plummer: Are we still jointly on that Federal Trade Zone
application grant?
Mr. Odio: Yes. We are joint applicants.
Commissioner Plummer: Do we have at least 50 percent control?
Mr. Odio: We are joint applicants on the moneys. The moneys will came to the
City.
Commissioner Dawkins: We don't have... Nobody has any control because it is
still been held off, J.L.
Mr. Odio: The moneys will come to the City. We were going to pay the
employees, until Wynwood Economic Development...
Camfissioner Plummer: Excuse me, is there a way that we don't...
Commissioner Alonso: We pay to them?
Mr. Odio: We were going to. And have them under our supervision. And, they
chose to fire those people.
Commissioner Plummer: All right, excuse me. Is there any way that we can be
the sole applicant for that?
Mr. Odio: On the, on the...
Commissioner Plummer: If that is the attitude they are taking, why are we
even talking about joint?
Commissioner Alonso: What about the money that was owed to the staff? Did we
pay that?
Mr. Odio: There are some legals... No, they chose to - they were paid up to
the current. And, we were going to keep paying the employees so that they
would not be fired. And, under our control and they chose to fire.
Commissioner Alonso: But, they were paid what they were owed before?
Mr. Odio: Yes. For...
Commissioner Alonso: Because, it was stated here that...
Mr. Odio: Yes, they were.
103 September 7, 1993
i
Commissioner Alonso: ...there were some salaries that were not paid. They
were, OK.
Mr. Odio: Yes, we are preparing a... We are preparing a package on the
Wynwood Trade Zone. And, I don't think that today is the day to discuss it.
Because, there are some legal implications.
Commissioner Plummer: Mr. Manager, I would ask, within the next thirty days,
sir, that you send me a full and complete detail of everything that is going
on. All right?
Mr. Odio: All right.
Commissioner Plummer: Because, I want to tell you, even though you just put
this cushion in my seat, I am still uncomfortable.
Mr. Odio: Well...
Commissioner Plummer: I want you to understand that, sir.
Vice Mayor De Yurre: Had a couple of pins.
Commissioner Plummer: Yeah, voodoo.
Mr. Odio: Should have been uncomfortable before we dia all we did.
Commissioner Plummier: Sir, I was uncomfortable.
Commissioner Alonso: Now, why don't we listen what they have to present.
Father Menendez: May I say something, please? Because, we are not interested
in the Free Trade Zone, at all. We are coming to talk in the name of Rafael
Hernandez Colon. It's a new corporation.
Commissioner Plummer: You still...
Father Menendez: Rafael Hernandez, take out the Colon.
Commissioner Plummer: Father, if you are in Wynwood...
Father Menendez: I always confuse the two names.
Commissioner Plummer: ...you are involved.
Father Menendez: What?
Commissioner Plummer: If you are talking about in Wynwood, regardless of who
you are with...
Father Menendez: Sure.
Commissioner Plummer: ...you are involved with the Free Trade Zone.
104 September 7, 1993
Father Menendez: Oh, no, no. As a citizen...
Mayor Suarez: Yes, in a sense, Father, whatever we do with the economic
development moneys...
Father Menendez: ...affects, sure.
Commissioner Plummer: You are involved!
Mayor Suarez: ...an overriding concern that we would love input from the
citizens is what do we do about a foreign trade zone, that - by the way, Mr.
Manager and Frank and all of you that have worked on this, I just got a letter
from the Secretary of Commerce. Again, saying how excited he is and how
supportive he is. And, then, that's just as to the Federal Franchise that is
needed. And, that we all worked so hard on, Commissioner Dawkins and all of
us to get. Now, we have five and a half million dollars in the pipeline,
tentatively approved, that the foreign trade zone, by the way, is still
challenged in court. The Secretary acknowledge that the other day. He had
some of his top people. This is the Secretary of Commerce of the entire
country. Some of its top people representing our interest against those who
are trying to keep us from having a foreign trade zone. So, with those two
huge concerns of mine, and with the battles that we've had with the entity
that is administering all of that. This is the singlemost ambitious
commercial development effort undertaken by the City of Miami, ever, in any
neighborhood. And, it is in Wynwood. And, God knows that Wynwood needs it.
I think commercial development of that sort, I don't think anything rivals
that.
Commissioner Plummer: Bayside, in itself, will do it. That's a hundred and
thirty million dollars.
Mayor Suarez: Yeah, but Bayside, we gave land and let the private sector
develop. Here, we are putting major governmental moneys and a grant...
Commissioner Dawkins: Job opportunities.
Mayor Suarez: Right.
Commissioner Alonso: Job opportunities.
Mayor Suarez: A grant of special, yes, special authority to operate without
paying costums duty or anything else. So, now within that context, I am
sorry, Father. You are also...
Father Menendez: Oh, no. See, I believe that the journey of the two thousand
miles starts with the first step.
Mayor Suarez: Yes.
Father Menendez: And, why we are talking now, here, is not the two thousand
miles.
Mayor Suarez: And, it's good that you clarify that you are not necessarily
either competing or in any way detracting from that other effort. Although, I
wish we had a solution to how to deal with that other issue. OK, Father.
105 September 7, 1993
Father Menendez: Yeah, no, we are talking today about Rafael Hernandez
Housing and Development Corporation. Let me introduce to you William, and he
will talk to you about it.
Mr. William Ramos: Good morning, Mr. Mayor. and Commissioners. My name is
William Ramos, 43 N.W. 39th Street. A 30-year member., resident of Wynwood. I
work in Wynwood with ASPIRA of Florida. As you know, today I am representing
the Rafael Hernandez Housing and Economic Development Corporation, as one of
its founding Board members and spokesperson. We are not here in terms of
discussing the other economic development organizations. We are here to put
forth the name of the Rafael Hernandez Housing and Economic Development
Organization with the mission of providing every resident in Wynwood the -
opportunity to empower themselves to be homeowners. Right now, there is a 70
percent renters rate in the Wynwood Community. Only, 30 percent of the people
who live in Wynwood own hares. The reason that Wynwood is so-called the
neglected Community, and we've had such a negative reputation throughout the
years, is because people do not own their homes. When you own your house, you
feel better about where you live and you work harder to maintain your property
and your community. I am one of those 30 percent, therefore, I feel compelled
and obligated to have the mission of participating in this organization. What
we are asking the City Commission is to support this new organization which
was incorporated as a 501-C3, last Friday, a nonprofit organization with
funds. We are not seeking the funds of the former Wynwood Economic
Development Organization. That's not what we are doing. We want to separate
ourselves totally from that organization.
Commissioner Plummer: It's the only funds we've got. The rest of them are
spent.
Mr. Ramos: The Board members that complies the Rafael Hernandez Housing
Economic Development Corporation...
Commissioner Plummer: Excuse me, if I am not mistaken, that's the only funds
that we have.
Mr. Ramos: I understand that.
Commissioner Plummer: OK, and all the rest of them are taken.
Mr. Ramos: With your permission, Commissioner... We want to make clear that
we're...
Commissioner Alonso: Yes, but what they want to make it clear. It is not the
intent, it's something that they wanted to do...
Mr. Ramos: Exactly.
Commissioner Alonso: ...regardless, of the existence of that organization or
not.
Mr. Ramos: We do not... We do not want to be thought as that we are having
any particular ties with that organization. Because, we are not. If those
were the funds that we receive, fine.
106 September 7, 1993
Commissioner Plummer: No, they chose themselves, according to the
Administration, to throw in the towel.
Mr. Ramos: Not to receive the funds.
Commissioner Plummer: Now, all you are saying is that those funds that are
not used, allow us to use them.
Mr. Ramos: Exactly.
Commissioner Plummer: Is what you are saying. There is nothing wrong with
that.
Mr. Ramos: Exactly.
Commissioner Alonso: Yes.
Commissioner Dawkins: Let them use then.
Commissioner Alonso: Yes.
Commissioner Plummer: There is nothing wrong with that at all. I am glad to
see that somebody is coming in there to pick up and run with the ball.
Mr. Ramos: And, the people who are willing to run with this ball are people
who are committed to the community. Who are life-long members of the
community. Who are bankers, who are developers. Who are educators. Who are
homeowners. Who are Community activist. You have a coalition of people who
are committed to the neighborhood and who are accountable. And, I think that
that is the most .important aspect of the Rafael Hernandez Housing and Economic
Development Corporation, that we will provide accountability to the funding
sources, specifically, the City of Miami under the CDBG(Commanity Development
Block Grant) grants. And, I would like to thank you for the opportunity to
present the Rafael Hernandez Housing and Economic Development Corporation.
And, before I leave, the reason that we selected Rafael Hernandez, the great
composer from Puerto Rico, is because he was a committed, altruistic
gentleman, not only in Puerto Rico, but, all over Latin America. And, we
believe that with his name we can carry or the mission of all altruistic
people in the world.
Commissioner Plummer: Are you aware, sir, of the very stringent auditing
procedures that you must go through?
Mr. Ramos: Yes, I am.
Commissioner Plummer: Do we have your full and unrelying cooperation, that
you will expose and ask... anything that the City of Miami ask for in the way
of auditing?
Mr. Ramos: We have nothing to hide.
Camni.ssioner Plummer: Then answer my question.
107 September 7, 1993
Mr. Ramos: Yes, we will.
Commissioner Plummer: Thank you.
Vice Mayor De Yurre: Now, let me tell you, when you look at the group that's
behind this effort, I see a lot of good will and a lot of the right mentality
to make something positive out of Wynwood. And, the...
Commissioner Plummer: They sure know, that they have the example of the wrong
way to do it. It's there already.
Vice Mayor De Yurre: Well, with people like Father Menendez and Willy and
Luis and the - I can only see that this will be successful. So, I am more
than willing to support them and to give them the initial funding of the
$50,000.00 that would have gone to another organization in the area...
Commissioner Plummer: What item?
Vice Mayor De Yurre: ...to get this corporation started and to give them all
the help that we can to really improve the area. OK.
Commissioner Plummer: Mr. Mayor, the Manager informs me that he needs to add
into item 16, Neighborhood Economic Development Organizations and Social.
Mayor Suarez: OK.
Commissioner Plummer: I so move item 17, item 16.
Commissioner Alonso: Sixteen, second.
Commissioner Dawkins: And, adding what now?
Commissioner Plummer: The words ends... After the words Neighborhood
Economic Development and Social Organizations.
Mr. Odio: What are you got... Are you adding this group as a 1/12 or not?
Commissioner Plummer: Yes, but we have to do that by a separate resolution.
Mayor Suarez: Well, if we are convinced that this is a worthy group. And,
that they are going to...
Commissioner Alonso: We can include...
Mayor Suarez: ...start a whole new era in Wynwood, shouldn't we give them a
full year's funding. I mean, it is the initial funding...
Caw issioner Plummer: Well, Mr. Mayor, I would hope...
Mayor Suarez: ...the ones we are giving 1/12 is that we are considering - we
are concerned about the effectiveness. But, this one here, we are hopefully
going to give them at least a year's.
Commissioner Plummer: Well, Mr. Mayor, I would hope that...
108 September 7, 1993
k`
PON
Mayor Suarez: ...head start here.
Commissioner Plummer: ...even though we understand the players, that the
Ccnuuni.ty Development would do an investigation of this group to come back, so
there would be no embarrassment at a later time. And, say that they were
subjected to the same screening as every other one of the organizations. And,
that as such, they should be entitled to funds. To give them funds without
putting them through that screening procedure and having a contract signed, I
think would be out of line.
Mayor Suarez: All right.
Commissioner Plummer: So, I think that in the next two weeks, that they cane
back. And, they go through the procedures and that's the way that we should
handle it.
Mr. Ramos: And, as a member of...
Commissioner Alonso: Yes, but I think that what the Mayor said of giving them
the opportunity once they have completed that process, I think I am in favor
of that. Because...
Commissioner Plummer: Oh, so am I.
Mayor Suarez: Give them a full year funding as a start up.
Carmissioner Alonso: ...it will be - they will need the additional funding in
order to be able to operate. And, I think...
Commissioner Plummer: Well, there is already backed with the funds, right?
Mr. Ramos: Uh-huh.
Commissioner Alonso: ...it will be very convenient if it is done that way.
If it's approved.
Commissioner Plummer: Sure. No problem.
Camu.ssioner Alonso: Yes.
Mr. Ramos: Uh-huh. And, as a representative, that's specifically they way
that this organization wants it. We want to be accountable. We want to let
you know where the money is going. And, we want to know if we are doing
anything right or wrong. And, take it from there. So, you have our
complete...
Mayor Suarez: And, henceforth, we will refer to you as Willy R, to
distinguish you from the other Billy R.
Mr. Ramos: There is no... There should be no confusion there at all. I
stand firm on my own ground. Thank you very much.
109 September 7, 1993
Mayor Suarez: All right. So moved and seconded. Any discussion? If not
please call the roll. Subject to the approval of the Manager, as to all of
the T's being crossed and I's dotted, et cetera.
Commissioner Plummer: Excuse me, Mr. Manager. As far as I am concerned, we
are giving you the latitude right now, that once you have put than through the
process, if in fact, you find them worthy of been funded, that you do it on
your own, sir.
Mr. Odio: OK, I didn't understand that. I thought I had to bring up...
Commissioner Plummer: So, we are not delaying any funds to these people.
Commissioner Alonso: Yes.
Commissioner Plummer: OK. Is that understood?
Mr. Ramos: Fine.
Commissioner Dawkins: Yes, sir.
Ms. Matty Hirai (City Clerk): Yes, sir.
Commissioner Plummer: Under that circumstances, I vote, yes.
The following resolutions were introduced by Commissioner Plummer, who
moved their adoption:
RESOLUTION NO. 93-538
A RESOLUTION, WITH ATTACHMENT'S, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENTS TO EXISTING AGRE�IS,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH THIRTEEN (13)
NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS, FOR
THE PERIOD OF SEPTEvMER 1 THROUGH SEPTEMBER 30, 1993,
FOR AMOUNTS AS SPECIFIED HEREIN, TO CONTINUE
EvnLEMENTATION OF ECONOMIC DEVELOPMENT PROGRAMS,
SUBJECT TO PROVISIONS CONTAINED HEREIN; AUTHORIZING
THE CITY MANAGER TO EXECUTE AMEAIDMENTS TO EXISTING
AGREEMENT'S, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
TWENTY-THREE (23) SOCIAL SERVICE AGENCIES, FOR AMOUNTS
AS SPECIFIED HEREIN, TO CONTINUE IMPLEMETTPATION OF
SOCIAL SERVICE PF JF.C'I'S, SUBJECT TO PROVISIONS
CONTAINED HEREIN; AL DMTING FUNDS THEREFOR FROM THE
NINEIM?II H (19TH) YEAR MWMITY DEVEL Omyo ' BLOCK
GRANT FOR SAID PROGRAMS AND PROJECTS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
110 September 7, 1993
i
RESOLUTION NO. 93-538.1
A RESOLLYTION AUTHORIZING THE CITY MANGER TO EXECUTE AN
AGREENENr WITH THE RAFAEa, HERNANDEZ HOUSING AND
ECONOMIC DEVELOPMENT CORPORATION, INC., IN THE AMOUNT
OF $50,000, FOR THE PERIOD OF SEPTEMBER 7, 1993
THROUM JUNE 30, 1994, SUBJECT TO REVIEW AND APPROVAL
OF ORGANIZATIONAL CAPACITY AND PROPOSED WORK PROGRAM
BY THE CITY MANAGER; ALLOCATING FUNDS THEREFOR FROM
THE NINETEENIH (19) YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT.
(Here follows body of resolution, anitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolutions 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.
Mayor Suarez: Mr. Manager, since you are all here, Luis and company.
Ccaudssioners, I have never done this. But, I'd ask you - I have, like
Commissioner Alonso was pointing out, I have three Commission meetings left.
And, it just struck me that we ought to do something in this community that
would really, really improve things. I was at Clemente Park on Sunday. By
the way, got my finger all bent out of shape playing basketball there with the
kids. I did a little bit cleaning of the park. I want you to know that the
park is generally in very good repair. The reason I did some cleaning is one
of the kids that I was playing with threw a bottle on the pavement there.
And, by the time I caught up with them, it was to late. So, later I borrowed
a broom from one of the neighbors. The same fellow who has a claim against
the City, by the way. Anyhow... Which has been settled. Anyhow, it struck
me that - and, Mr. Manager, this is something that I think this City really
should consider. And, I know that you are indicating to us that we are going
to balance our budget. But, it struck me that for us to really have a City
where crime continues to hopefully decrease and kids continue to be active and
parks are maintained. I think we would save money if we manage to have full-
time weekend supervision of the most active parks. I would love to see, at
least, one park attendant. And Charlie, you know, this is your union, to be
there on Saturdays and Sundays. That the only way to keep that glass from
having then caused an injury to the next kid that played in that playground.
The only way to keep the kids in line - they are not bad kids generally, the
ones that were playing there on Sunday. But, the City should not sort of
close down on weekends. Particularly, the one thing that we need when the
kids are out of school is supervision in the parks. If we could take the 8 or
ill September 7, 1993
i
10 most active parks in the City - I know on Sundays... Miller probably does
that in his park. I probably do it on Wainwright Park. We probably all do it
on our respective parks. Cam issioner Plummer probably does it on his park.
And, De Yurre.. .
Commissioner Dawkins: He is busy chasing crime. He don't do no parks.
Ccmmissioner Plummer: What?
Mayor Suarez: ...And, if we could have a Saturday and Sunday - Saturday, I
gather, we have some staff. I don't know why I think that. But, a full-time
supervising type parks employee...
Commissioner Dawkins: That's different...
Mayor Suarez: ...on Sundays in the 8 or 10 most important parks of the City.
I mean, you are not going to have one in Dave Kennedy Park. I understand
that's for joggers...
Ccn,?ussioner Plummier: It's just... Ain't nothing but money.
Mayor Suarez: ...and all kinds of people. But, where the kids are found, to
just keep an eye on them. So, Father Menendez does not have to take off from
his Sunday duty. And, maybe we can deputize, Al, some of the neighbors so
that they can do some of that work. And, they could be temporary employees on
a pro-bono basis.
Mr. Ramos: Our ASPIRA counselors are always at the parks with students during
the weekends also.
Mayor Suarez: Yes, but I mean something that we can say that we full time
supervision on Sundays. I mean...
CamUssioner Dawkins: Yes, key word. Full time supervision. That's the key,
Mr. Mayor.
Mayor Suarez: That's what is going to make the neighbors feel that there is
same control. Police, all of the latest in police analyses, community
policing says if you don't control the whole environment, you lose them.
Mr. Rams: Exactly.
Mayor Suarez: You can do - you can stop the drug selling in Clemente park,
which I think to a great extent, has happened. You can get the winos and the
loiterers out of that area. Which, at least this Sunday, they didn't seem to
be in the same numbers that we used to have there.
Mr. Rams: Uh-huh.
Mayor Suarez: But, if the kids are not supervised, they throw a bottle, they
get into a fight, they pull a knife - I've stopped a few knife fights myself
over the years, not in that particular park, I might add. But, I really think
that it is time for this City to say that we are going to do what what we've
saying. In my eight years here, Commissioner Dawkins has been a strong
112 September 7, 1993
t'
supporter of it. But, I think that the entire Commission has which is to have
expanded full-time supervision of the most active parks in the City.
Commissioner Plummer: Ain't nothing but money.
Mayor Suarez: And, if it takes money and if takes firing a few planners, a
few developers...
Commissioner Alonso: No, but it does saves money at the end. It's money that
goes to fight crime...
Commissioner Plummer: Yeah.
Commissioner Alonso: ...if we prevent from happening. I think if we have
then busy. And, you have to channel this energy in a positive way.
Mr. Ramos: Definitely.
Commissioner Alonso: And, I think that you do that through positive
programs...
Mr. Ramos: Definitely.
Commissioner Alonso: ...and parks is number one.
Mr. Od.io: I want you to know. And, this is important because we are going to
need all of your help...
Mayor Suarez: You are going to save money in policing of the area if you have
a park supervisor.
Mr. Od.io: ...all of you... No, we are very close on the empowerment zones.
They have been approved. We are out right now - I just got a letter today
fran Carrie Meek. She needs help to get this money. If we get - Wynwood is
one of the empowerment zones we have in. It will mean 50 million dollars foe
ten years in that area.
Commissioner Alonso: That's true.
Mr. Odio: And, that will include people for the parks department in that
area. But, in the meantime, Ruder is telling me he will do it, so.
Mayor Suarez: OK, thank you. And, I hope that's built into the budget.
Rev. Menendez: Thank you very much.
Commissioner Dawkins: Father, Father. Come to the mike, please. You know,
my grandmother always told me, "Wait on and trust in the Lord, and you'll have
no problem."
Rev. Menendez: Yes, I hope.
Ccmmi.ssioner Dawkins: Years ago, you and the Mayor and I over your
neighborhood and we dreamed of this day. And, now, we waited and this day is
here. And, may God bless us to go forward.
113 September 7, 1993
Rev. Menendez: Remember that that day we appointed you as an honorary Latin.
Mayor Suarez: I want to agree with you. You know, I said on the radio, Radio
Paz...
Rev. Menendez: Yes.
Mayor Suarez: ...and, I told the story, and I said that Commissioner Dawkins
at one point turned over to me and said, "Maybe we ought to just leave these
folks here." And, I strongly considered it because we were getting hammered
pretty bad. But, anyhow, that's on the radio now.
Rev. Menendez: What's so tough - What's so tough, I understand the kangaroo
court, it means a kangaroo around us. Cod Bless You.
Mayor Suarez:. It was not an easy moment.
Rev. Menendez: Thank you very much.
Mayor Suarez: All Right. Thank you, Father.
Mayor Suarez: Item, Uh? I know we have one or two items for the
boards.
Mr. Odio: Eighteen, sir.
Mayor Suarez: And, Commissioner Plummer has to leave and, I have to go to a
12:00 o'clock doctor's appointment, too.
Ms. Matty Hirai (City Clerk) : On the one-twelveth, we need to call - as to
all other agencies - we need to call the roll, yes.
Commissioner Alonso: We did.
Mayor Suarez: Call the roll, please.
(THE CITY CLERK CALLED THE ROLL. SEE R-93-538 ABOVE)
------------------------------------------------------------------------------
28. ACCEPT BID: SIGA INCORPORATED -- FOR NORTHEAST BISCAYNE BOULEVARD
BEAUTIFICATION PAP B-4547 -- ALTAC,ATE FUNDS FROM 18TH YEAR CDBG.
------------------------------------------------------------------------------
Mayor Suarez: Item 18, accepting the bid of Siga Incorporated. And, then
we'll just do boards and committees, and, we are finished.
Ccmmissioner Alonso: Move it.
Mayor Suarez: Moved, thank you.
Ccmii.ssioner Dawkins: Second it.
114 September 7, 1993
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-539
A RESOLUTION ACCEPTING THE BID OF SIGA INCORPORATED,
IN THE PROPOSED AMOUNT OF $84,702.65, TOTAL BID OF THE
PROPOSAL, FOR THE NORTHEAST BISCAYNE BOULEVARD
BEAUTIFICATION PROJECT B-4547; ALLOCATING FUNDS
THEREFOR FROM THE 18TH YEAR COMMUNITY DEVEWPMENr
BLOCK GRANT FUNDS, PROJECT CODE NO. 701204, IN THE
AMOUNT OF $84,702.65 TO COVER THE CONTRACT COST AND
$9,581.49 TO COVER ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $94,284.14; FURTHER/
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM, 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 Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Noes.
ABSENT: Commissioner J.L. Plummer, Jr.
NOTE FOR THE RECORD: ALTHOUGH ABSENT DURING
ROLL CALL, Ca MQI SS ICNER M ME R REQUESTED OF
THE CLERK TO BE SHOWN IN AGREEMENT WITH THE
MOTION.
115 September 7, 1993
29.(A)APPOINT / REAPPOINT INDIVIDUUS TO SERVE AS MEMBERS / ALTERNATE
MEMBERS ON THE INTERNATIONAL TRADE BDARD. (Appointed / reappointed
were: Bob Rodriguez, Kishor Parekh, Marie Wray, Bill Rios, Omar Diaz-
Salinero, Dwayne Wynn, Tom Kallman, Eladio Armesto III, Xonia Diaz,
Christine Morales, Maritza Gutierrez, Jerome Reisman, Raquel Regalado,
Nelcida Chakoff, Emil Farah, Teo Babun, Dorothy Baker, Ibrahim Malki-
Kawa, Robert Brown, Rafael Garcia -Toledo Jr., Waldo Castro-Molleda,
Vicky Leiva, Ralph Diaz-Balart, and Rafael Garcia Toledo Sr.
(B)DISCUSSION CONCERNING OFFICE OF PR0IUCOL -- VICE MAYOR DE YURRE REQUESTS
ADMINISTRATION TO DEFINE FOR HIM OFFICE OF PROTIOCOL'S SPECIFIC RJXTIONS
AND RESPONSIBILITIES.
-------------------------------------------------------------------------------
Mayor Suarez: Any appointments to the International Trade...?
Carimissioner Dawkins: On nineteen, I am going to...
CamAssioner Alonso: Yes.
Commissioner Dawkins: Yeah, I do have one.
Commissioner Alonso: Mine, I will reappoint mine. And, I have one opening.
And, I will like to appoint Emil Farah.
Mayor Suarez: OK, so moved. And, reappoint all of the regular ones?
Commissioner Dawkins: OK, I am reappointing Dorothy Baker, Teo Babun. I am
making Kawa a regular, Robert Brown a regular. And, Toledo an alternate.
And, Marcia Sanders has five years. I'll have to find an alternate to put in
her place.
CamLissioner Plummer: Where are we?
Cam-Lissioner Dawkins: On the International Trade Board appointments.
Commissioner Plummer: Yeah, but remember about that five year cap.
Commissioner Plummer: Yeah, Marcia Sanders, I think, is the only one I have
with 5 years, J.L.
Commissioner Plummer: My two appointments - let me see where they are here.
Ralph Diaz-Balart and Rafael Garcia -Toledo, Sr. are my two.
Commissioner Dawkins: You got four.
Commissioner Plummer: I am sorry.
Commissioner Alonso: You got four.
Commissioner Plummer: Oh, also... They're the other two were not... I'll
hold up on that.
116 September 7, 1993
Mr. Cesar Odio (City Manager): Mr. Mayor.
Commissioner Plummer: On the alternates, right?
Mr. Odio: Oh, I am sorry.
Commissioner Alonso: You have four and then two alternates.
Mr. Odio: What was the item number?
Mayor Suarez: Wait, whatever you do, let's do this item, please.
Commissioner Plummer: Yeah, but, Bill Alexander and Bill Messett cannot be
reappointed because they did reach the five year cap. So, then I'll have to
get you on the others. Do I have to reappoint Vicky Leiva? I just appointed
her. And, Waldo. Huh?
Mayor Suarez: Terms expired. Just reappoint all of...
Commissioner Plummer: There is no... Excuse me, there is no way that Vicky
Leiva - I just appointed her less than six or seven months ago.
Mayor Suarez: Well, ratify the appointment.
Commissioner Dawkins: That's right.
Commissioner Plummer: Huh?
Mayor Suarez: Ratify the appointment. Whatever, legally has to be done.
Commissioner Plummer: Well, I am not sure about Bill Alexander. I think he
has been there since day one.
Commissioner Dawkins: He and Marcia Sanders.
Commissioner Plummer: Bill Messett has done that. Waldo has been there the
five years? I don't think so. So, Waldo is reaffirmed. Vicky Leiva is
reaffirmed. My two new appointments of those who reached the cap is Rafael
Diaz-Balart and Ralph - Rafael Garcia -Toledo, Sr. And, I'll came back to you
on the alternates. OK.
Commissioner Dawkins: Thank you, sir.
Mayor Suarez: All right. So moved. I'll reappoint all of mine. Any other
nominations?
Commissioner Alonso: Wasn't Rafael a...
Commissioner Plummer: He was there before, but went off and has came back.
Vice Mayor De Yurre: I'll reappoint all of mine except Osmundo Martinez, and
I'll find a replacement for him.
117 September 7, 1993
Mayor Suarez: OK, very good.
Commissioner Alonso: Yes, but I think we can't reappoint him. Because, I was
told that he was the five years.
Commissioner Plummer: No, he was there for almost the five years. Then, he
went off and he is coming back. So...
Commissioner Alonso: Oh, so...
Mayor Suarez: Commissioner Dawkins, you have already stated into the record
yours and so has Commissioner Alonso.
Commissioner Plummer: ...he had an interim appointment.
Commissioner Alonso: I beg your pardon?
Mayor Suarez: Have you already stated into the record your...?
Camdssioner Alonso: Yes, I did. I reappoint all of mine. And, I have - the
new person is Emil Farah...
Mayor Suarez: OK, that's right.
Commissioner Alonso: for the opening that I had.
Mayor Suarez: And, some of these names are not spelled...
Commissioner Plummer: Two of yours came off.
Mayor Suarez: ...correctly. But, you might want to take out an extra R out
of Mr. Zamora's name.
Ca udssioner Alonso: What?
Commissioner Plummer: Two of yours came off.
Commissioner issioner Alonso: No, no, no person. Tony Zamora had to sign this. It's
a new...
Commissioner Plummer: Oh, OK. All right.
Mayor Suarez: Will all those nominees and appointees into a motion and a
second. Call the roll, please.
Ms. Karen Wilson: Mayor Suarez, excuse me.
Mayor Suarez: Karen.
Ms. Wilson: Our records indicate on your appointments that Mr. Iucio and Mr.
Gary have reached their five year limit.
Mayor Suarez: What does that mean, they die?
118 September 7, 1993
Commissioner Plummer: No, they can't be reappointed.
Ms. Wilson: They cannot be reappointed.
Commissioner Plummer: Mr. Gary died a long time ago.
Mayor Suarez: They cannot be reappointed.
Ms. Wilson: Yes, sir.
Mayor Suarez: All right, with those exceptions. I don't know what I am
supposed to do with that. The items are moved. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOUJTION NO. 93-540
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS ME1BERS AND ALTERNATE b0 E S ON THE INTERNATIONAL
TRADE HOARD FOR TERMS OF OFFICE TO BEGIN JULY 1, 1993
AND TO EXPIRE JUNE 30, 1994.
(Here follows body of resolution, andtted 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.
Commissioner Plummer: Did you take up item 18? Would you show me voting
positive on that, please, while I was out.
Mayor Suarez: Yes, we did. We did. And, we'll show you voting positive
without having to reconsider...
Mr. Odio: Uh, Uh, Mr. Mayor.
Mayor Suarez: ...Commissioner De Yurre. And, then we are going to recess.
Vice Mayor De Yurre:
Let me ask you
something. So, I can get some
direction
on this. Protocol
as opposed to
ITB (International Trade Board).
My
understanding is that as far as
international trade and doing
business
internationally, it's
ITB that is supposed to be representing the
City and
leading that effort.
Protocol, on
the other hand, is supposed to
be doing
more of the representative things...
119 September 7, 1993
Commissioner Plummer: Diplomatic.
Mayor Suarez: Ceremonial items.
Vice Mayor De Yurre: ...as far as diplomatic things of that nature. Is
protocol, in any way, fashion or form supposed to be doing any business, that
basically ITB, I would have thought, was supposed to be doing? Such as
dealing with some of the different consular offices and trying to promote
business and things of that nature. Is that part of what the definition of
the protocol is? Or, not...
Commissioner Plummer: No.
Mr. Odio: No, that's not protocol.
Vice Mayor De Yurre: ...because, then we need to revisit what is happening in
protocol.
Commissioner Plummer: Protocol is just that. I mean, it's protocol and
diplomatic relations.
Mr. Odio: I am revisiting protocol through the budget, because we are in a -
we have other - I need more police officers than protocol officers.
Ccami.ssioner Plummer: Well, you know. That's one way of putting it.
Mr. Odio: So, I am proposing to eliminate that position, period.
Commissioner Plummer: Mr. Mayor... Mr. Manager and Mr. Mayor, let me recall
to this City of those who have had the opportunity to go out and represent
this City out of the United States. OK. When we go there, we are treated
like kings and queens. And, when we come back here, the reason we established
a protocol office was because when they came here, we put them on a damn City
van that the air conditioner wasn't working on. And, we took them to some
little hash house over around the corner. And, they wondered - Well, what's
this beautiful City of Miami. Now, you know, either we are going to do
reciprocally, in a like manner, and treat those people as they treat us, or
don't embarrass us by letting us going over there in the first place. So, all
I am saying to you, when I was chairman of ITB, I thought it was a natural to
bring protocol into ITB...
Mayor Suarez: That's right. I remembered you trying to take over protocol
matters from the Mayor. And, I just ignored that grab of power on your part.
Commissioner Plummer: ...as a natural scenario. OK. But, protocol is just
that. It is not the business aspect of it. OK.
Mr. Odio: I have no problem as long as I don't have to pay for someone. If
they can do it with the people they have, I have no problem.
Mayor Suarez: Yeah, well. We are talking about two different things.
Commissioner - Vice Mayor De Yurre is saying that there are certain functions
that should not be or should be performed on a voluntary basis. The one thing
120 September 7, 1993
that we all agree on around here is on money. And, there was never any
intention in creating a commission on protocol, Commissioner Plummer. And,
creating a...
Commissioner Plummer: That is absolutely free.
Mayor Suarez: ...bureaucracy or... But, I also would slightly disagree with
the Vice Mayor that commission on protocol and the individuals involved in
that obviously are a great linkage between the Mayor and the counselor
community, and you would not want to frustrate that.
Vice Mayor De Yurre: No. But, let me say Mayor, so that we understand what I
am saying. In fact, the word is that there have not been meetings. And,
there is supposed to be regular meetings. And, there have not been meetings
for months.
Mayor Suarez: Of what?
Vice Mayor De Yurre: At protocol. That is the information I'm getting from
my members that are there.
Mayor Suarez: I thought that they were having more meetings than I can
personally handle in my office. They are meting every month in there.
Vice Mayor De Yurre: Well, I am telling this is what I am hearing. And,
also, I would like to know what the function is? And, if the function of
protocol is to do the kind of information that we are getting as opposed to
doing business, which is what ITB should be doing, then I want to get a report
back to see what actually is happening.
Mayor Suarez: I awe you that, and I promise that to you. I will get it to
You
------------------------------------------------------------------------------
30. (Continued discussion) AGREE TO DEFER CONSIDERATION OF PROPOSED
EMS ORDINANCE To AMEND CODE TO ESTABLISH A FEE SCHEDULE FOR USE OF
PUBLIC RIGHT-OF-WAY BY PRIVATE COMMUNICATION SYSTEMS AS ATTEMPT TO REACH
AGREEMENT BETWEEN INTERESTED PARTIES FAILED. ( See label 13 )
------------------------------------------------------------------------------
Mr. Cesar Odio (City Manager): Commissioner on item 2, so that we can put it
to rest. Could we bring it up for one second?
Mayor Suarez: Commissioner, has to be somewhere too. We cannot resolve that
in two minutes. I have got to be - I mean at 12. I've got to be somewhere at
12.
Ms. Dougherty: No, all we want to do is withdraw.
Mr. Odio: We are going to tell you that we did could not reach a compromise.
Mayor Suarez: So, you will like a motion to defer.
121 September 7, 1993
i
Ms. Dougherty: We are going to work together and try to come up with sane
sort of decision.
Commissioner Plummer: So, moved.
Mayor Suarez: All right, moved.
Commissioner Dawkins: What now?
Mayor Suarez: We are deferring the item instead of tabling the item on the...
Commissioner Dawkins: OK. Second.
Commissioner Alonso: OK.
Commissioner Plummer: What time, 2:30?
Mayor Suarez: Call the roll on the motion to defer that item.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-541
A MOTION TO DEFER AGENDA ITEM 2 (PROPOSED EMERGENCY
ORDINANCE AMENDING THE CODE TO ESTABLISH A
FEE
SCHMM FOR THE USE OF THE PUBLIC RIGHT-OF-WAY
BY
PRIVATE CO[M9INICATION SYSTEMS) GIVEN THAT
NO
COMPROMISE HAD BEEN REACHED BETWEEN THE AFFECTED
PARTIES AS OF THIS TIME.
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.
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:00 O'CLOCK AMID RECONVENED AT 2:45 P.M.,
WITH ALL MU ERS OF THE CITY CCMNSISSION FOUND TO BE
PRESENT.
122 September 7, 1993
------------------------------------------------------------------------------
31. (A)DISCUSSION CONCERNING THE CONSENT DECREE-
(B)SCHEDULE PUBLIC HEARING IN ORDER TO EXPLORE PRESENT RELATIONSHIP
AMONGST THE FRATERNAL ORDER OF POLICE (FOP), THE POLICE DEPARTMENT,
THE INTERNATIONAL ASSOCIATION OF FIREFIGIIERS, AND THE FIRE DEPAWMENT.
Mayor Suarez: Mr. Strauss, we have enough to do with the Miami Herald without
having to read the New Times.
Mr. Cesar Odio (City Manager): Make me... How many copies do you want?
Mayor Suarez: We have enough to do to read the Miami...
Commissioner Plummer: The Miami what? You mean that paper that has certain
types of ads in it?
Mayor Suarez: He is sitting around brandishing that story in the New Times,
which apparently he finds amusing. So do most of Miami I guess. Clark, it
sounds like you read it. Ladies and gentlemen, I note and I am inclined to
just follow the agenda except I see Reverend Fauntroy here. Reverend Doud
[sic]... Loudd, I am sorry. And, Danny Couch and some other folks that are
friends. And, some that can not be mentioned. But, we know them, and they
are back there anonymously. They are people that we appreciate and happen to
be City of Miami employees. In any event, if there is a concern, Reverend, if
you'd like to, either one of you, address it. We can dispose of it, I think,
right quickly. An issue important enough to bring out mayoral candidates and
two Reverends.
Reverend Fauntray: I can't pass up the opportunity to say thank you.
Commissioner Plummer: What item, H.T.?
Mayor Suarez: This is just... I am asking what concern there is that brought
representatives of the Southern Christian Leadership Conference...
Commissioner Plummer: Oh, OK.
Mayor Suarez: ...and, mayoral candidate, Dan Couch, et cetera.
Commissioner Plummer: Who mayoral candidate?
Commissioner Alonso: There is Alfredo Bared, as well.
Commissioner Plummer: Oh, oh, my buddy.
Mayor Suarez: Commission candidate, Alfredo Bared, in the back.
Commissioner Plummer: Heys
123 September 7, 1993
T k
Unidentified Speaker: How are you?
Mayor Suarez: Commission... I mean.
Commissioner Alonso: Did you get yo rself in hot water? Don't get yourself
in hot water.
Mayor Suarez: Future Commissioner. All right. Here we go. Reverend,
quickly so that we can get to the other items on the agenda. We try to follow
the agenda around here. But, I guess newspapers sometimes take us to a whole
different agenda.
Commissioner Plummer: Mr. Mayor, just to remind you, the dates need to be
changed.
Mayor Suarez: Yes, anytime that you are ready on those, I'll be happy to
entertain that motion.
Commissioner Plummer: Makes no difference to me.
Reverend Fauntroy: Good evening, ladies and gentlemen. I want to say thank
you. I just spoke with the City Manager and our purpose for being here sees
to be null and void, based on our conversation regarding the Consent Decree.
And, we were here because of that concern. But, we are happy that you have
appeared to have done the right thing. And, we want to thank you for that.
And, we want to than God that you are doing the right thing. Thank you.
Mr. Cesar Odio (City Manager): Ray, Ray. May I take this opportunity, since
MY name was involved, I want all of you to know this and anybody else that has
listened. I have never been part of or any of the union membership that I
deal with, or any of my staff, in any conversations, that will deal with the
elimination of the Consent Decree. That is not in our role to do, that's up
to the courts.
Commissioner Plummer: Where did it from?
Mr. Odio: There was a misunderstanding. And, I understand misunderstandings.
But when they are done - the misunderstanding is carried to this point, where
it bothers people like you that are busy doing something else - then I have an
obligation to clear it up. We have never, never - and, I want you to give
some good news - yesterday, yesterday, we concluded the negotiations with
Firefighters Union. And, the language in the contract clearly states, and I
want to read it for the record. "However, nothing in this article," and we
are talking about prevailing benefits that they have, "shall prevent the City
of Miami from implementing the terms of the current Consent Decree of any
future legal mandates placed upon the City by applicable loss." So, that
ratifies the Consent Decree right there. Another article that we put in;
"The City and Union agree to support affirmative action programs and any
mandates of a court of proper jurisdiction that are designed to bring minority
candidates up to the standard required for the fire service. Or, other such
programs which are consistent with applicable loss." Now, we do have
meetings, I want you to know this, before union presidents, the Chief of
Police, the Fire Chief and myself and a lawyer and the labor relations
officers, we meet once in a while to try to figure out how to apply - apply,
124 September 7, 1993
not eliminate, apply - the Consent Decree. Because, it is very complex. When
do we meet the quotas. I mean if you have the balance you are requiring the
lieutenants rank. Are we satisfying the law, yes or no? When do we stop
there, or do we stop or don't we stop. In other words, we meet to see how we
can clarify the Rule of Eight which is very complex and has caused a lot of
friction within the department rank, both in police and fire. So, we have to
clarify it, constantly clarify it. Sometimes, I don't even understand the
Rule of Eight. And, they don't either. So, it's very difficult to apply.
But, never...
NOTE FOR TFIE RECORD: Vice Mayor De Yurre
entered the meeting at 2:51 p.m.
Commissioner Dawkins: Mr. Manager, Mr. Manager, Mr. Manager.
Mayor Suarez: Why do you have to go into all of that, Mr. Manager?
Mr. Odio: Well, I wanted to... It's been said that there was a...
Commissioner Dawkins: Mr. Manager, how can you say that you meet to clarify
the rule of eight and you don't understand it.
Mr. Odio: So...
Commissioner Dawkins: And, we've been operating with the Rule of Eight ever
since we had the Consent Decree.
Mr. Odio: What I meant...
Commissioner Dawkins: So, what are... You know, I mean...
Mr. Odio: That's fine. Let me clarify what I meant to say.
Commissioner Dawkins: OK.
Mr. Odio: What I meant to say that sometimes the interpretation of the rule
of eight is not accepted by everyone, Commissioner. And, OK.
Commissioner Dawkins: But, whether it is accepted by everyone is not, it's
the law of the land.
Mr. Odio: The law... the bottom line is the law is applied at the end. And,
we follow the rule of eight. But, sometimes it's hard to interpret. And,
that's when we get into this agreement.
Commissioner Dawkins: Now, wait. See... That's where you throw me a curb.
Mr. Odio: No, I am not trying to, Commissioner. I was trying to clarify.
Commissioner Dawkins: Yes, I know you are not. I know you are trying...
125 September 7, 1993
Mr. Odio: OK.
Commissioner Dawkins: I understand what you do. But, see, I can not leave
here not understanding what we are saying. See, you tell me that the rule of
eight is not understood. And, not accepted by everybody. And, so we meet to
make sure that we understand the rule of eight. That's not...
Mr. Odio: Not only the rule of eight, Commissioner. We talk about when do we
meet the requirements of the law. You know, there are numbers in that law.
It's...
Ccmmissioner Dawkins: You know, well. OK. 1,--t me, hold it. When this is
over...
Mr. Odio: Yes.
Commissioner Dawkins: I want to make a motion, that anytime that you have a
meeting like that, you have it as an open meeting at the City Hall.
Mr. Odio: I have no problem with that.
Commissioner Dawkins: I know it. See, then all of us will know what we are
saying, what is not said, and everybody can hear.
Mr. Odio; But, the fact - what has never been said - is that we are going to
eliminate the Consent Decree. That has not ever been said.
Commissioner Dawkins: But, that has been said. Not by you. Not by you, but
that has been said, now. OK. All right.
Mr. Odio: Well, well, some people have tried. That doesn't mean that the
City of Miami will go along.
Commissioner Plummer: Put it on the record like it is. The Justice
Department came down...
Mr. Odio: That's right.
Comnissioner Plummer: ...and asked this Commission to remove itself from the
Consent Decree and this Commission refused to do such. Put it on the record
like it is.
Mr. Odio: That is correct! That is correct! So, we have a very strong
position on that.
Mayor Suarez: OK, anything further on this from any member of the Commission
or Reverend?
Reverend Rommie Lioudd: We have a couple of other questions. I just like to
thank you for the efforts that you've taken to insure that the people will
have the opportunity. My name is Reverend Rommie Loudd, I am representative
president of PULSE (People United to lead the Struggle for Equality). The
only thing that I would add to that is that we will help you with the Consent
Decree when it comes to advertising, promoting and doing the properly things
126 September 7, 1993
d
to bring attention to the people that need work. And, I also would like to
caution you all that we - you know, we can cane to City Hall without always
having to cane down here for a... We are citizens. We are interested in what
is happening in our government and our City. Thank you.
Mayor Suarez: And, we are happy to have you.
Rev. Loudd: You don't have to get upset with yourself.
Mayor Suarez: There we go. We are happy to have you. And, I am sure that
all of your blessings that flow from your presence will help us in our other
proceedings.
Mr. Ralph Packingham: The only other question...
Commissioner Dawkins: Please, put your name Mr. Ralph.
Mr. Packingham: I am sorry, my name is Ralph Packingham.
Mayor Suarez: Mr. Packingham, we love to see you at City Hall. But, you
haven't been recognized.
Commissioner Alonso: Yes, he doesn't come often.
Mr. Packingham: I am sorry about that.
Mayor Suarez: You want to address us on this topic? Briefly, please. We've
got a whole agenda and Mr. Couch. And, then we get on with our agenda, yes.
Mr. Packingham: My question is to the City Manager. He said that at this
meeting all the department heads was invited. My question is why was the
president of the MPBA (Miami Cam mity Police Benevolent Assoc.) asked to
leave?
Mayor Suarez: Probably because he is not a representative of the collective
bargaining unit, is probably the reason.
Mr. Packingham: Charlie Wellons.
Commissioner Plummer: It's correct. No, he'd have to answer that. But, they
are not... They are not the - by the State of Florida, they are not the ones
that represent the Police Department.
Mayor Suarez: Yes, that would be...
Cammissioner Plummer: They are no the negotiators of the Police Department.
Mayor Suarez: ... if it's a union negotiation they would not be properly
present. But, they can certainly...
Commissioner Plummer: Mr. Manager, question.
Mayor Suarez: ...be kept as aware of anything that happens at this
Carmission. Because, we always...
127 September 7, 1993
Camnissioner Plummer: The question asked is, why was the head of the black
police officers asked to leave the meeting?
Mayor Suarez: ...share our information with them.
Mr. Odio: Under Labor Law of the State of Florida, the City of Miami can only
recognize one union, and the union is the FOP, Fraternal Order of Police...
Commissioner Plummer: Designated by the State.
Mr. Odio: ...who selected and elected their president. The president was
present...
Mayor Suarez: OK. We now have said it three times. Do we need to go into
anymore? Mr. Couch.
Commissioner Dawkins: But, if there is a meeting...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: ...just to clarify the rule of eight, how is that
negotiating a contract? And, why is it that - quote, unquote - "The Latin
black - I mean a Latin police and the black police who are as they say, social
clubs, are not permitted in" - quote, unquote - "a meeting of clarification"?
Mr. Odio: I have no problem if the head of their union agrees...
Commissioner Dawkins: No wait a minute. But, you see, that's what you told
them before. You didn't have no problem. And, the union put them out.
Mr. Packingham: Exactly.
Mr. Odio: The union prefers to be represented by their president. I
cannot... the City, legally cannot get involved in that.
Commissioner Dawkins: Well, the next one will be out here, so we won't have
no problem.
Unidentified Speaker: Well, how about Mr. McKinnon? Well, how about Kevin
McKinnon? He was asked to leave also.
Mr. Odio: Who sir?
Unidentified Speaker: Kevin McKinnon.
Mr. Odio: Sure, he was there. Like I said, it was the choice of the FOP to
do so. And, you'd have to ask the president of the FOP.
Unidentified Speaker: Well, I'll also assume that...
Mayor Suarez: Wait, wait, wait, sir. Sir, sir. You have not been
recognized. Now, Mr. Manager, Commissioners, are you .interested in having a
whole discussion as to the issue now of a meeting with collective bargaining
120 September 7, 1993
representatives? And, why certain people participated or didn't participate?
Because, I think that we ought to get on with the agenda. And, that will
otherwise be my ruling. Unless, any mamber of this Commission overrules me or
moves to overrule me.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: With all the respect, I am very happy to take your input. To
hear and give you all the thoughts that I have as a Carmissioner, or anything
that comes up that might change what has been the existing law of the City.
But that has not happened. And, if the Manager, at any point meets or doesn't
meet with collective bargaining representatives, that's not a particular
concern of mine. Now, Commissioner Dawkins is proposing that we impose a
rule, maybe we can do it, maybe we can't. But, we can certainly try, I
suppose. Whereby any meetings or anything in regards to the rule of eight or
the implementation of the Consent Decree here discussed, be held in public.
And, if that were to pass, and if it were to pass muster with the City
Attorney. He'd have to look at it, probably. I don't even think he is ready
to give an opinion on that. I don't want to predispose him.
Commissioner Plummer: Well, the problem - the problem that you have...
Mayor Suarez: But, that would be a whole issue. But, in the meantime, unless
you want to discuss whether a meeting did or didn't include a particular
individual when the Manager was meeting with the heads of the collective
bargaining units of the City of Miami, that is not on the agenda. That is not
a useful discussion here. Because, I am not going to question him. And, we
really can not question him on his decision on that issue. In fact, as far as
I can tell, he was acting exactly as the law provides. Commissioner Plummer
and then Mr. Couch, and then we wrap this matter up.
Carmissioner Plummer: Well, yeah, you know, I would be in favor of voting for
Miller's motion. Yet, when I look back, negotiations and adversary position,
and especially when it relates to wages and benefits, not to minority or
Consent Decree. I think, Commissioner, if you say that any meetings that
relate to the Consent Decree or minority hiring would be opened to the public,
I think that would be fair and I could vote for that. But, when it comes to
negotiations as far as...
Commissioner Dawkins: That's my motion.
Commissioner Plummer: ...salary and benefits and things like that, let's
remember that that is the only item that is exempt from the Sunshine Law.
Commissioner Alonso: Yes.
Commissioner Plummer: And, that is for a reason. Because, it is an adversary
position which should be a give and take scenario. So, if what your motion is
down to that point, I can agree with it.
Commissioner Dawkins: It is. OK. It is. But also the only meetings where
it is exempt is when the Mayor calls an executive meeting and we sit with the
Manager to hear what the Manager has. Now, the Manager has all the latitude
he wants to negotiate the contract. But, at some time now, which he has not
129 September 7, 1993
"Al
been doing. An executive meeting is supposed to be called where the press
cannot cane in because the Manager is supposed to tell us what he negotiated
with the unions. And, then, we tell him whether we like it or not. And, we
go for that. That has not been done.
Mayor Suarez: And, by the way, since we are into that, Mr. Manager. If you
are ready, at any point, to announce any wording whatsoever of any tentative
agreement you've reached with the union, I strongly suggest to you while I am
the Mayor, that you don't do .it as you've done today without first briefing
US. And, I appreciate that you may want to make a proclamation to please
people. And, that's fine. But, we are the elected officials. We are the
ones that have to answer to the people of Miami. And, we are the ones that
have to approve that agreement in any event. So, we'd like to know about it.
Dan, and then we...
Coundssioner Plummer: Just throw them all out and start all over.
Mr. Danny Couch: Yes, Danny Couch, 3180 Lamb Court. My primary problem is
this. I was your appointment, Mr. Mayor, to the Affirmative Action Board.
And, from 1991 to 1992, I sat on that board and going through the frustration
that you usually go through, that board was primarily called the do-nothing
board. Which, I totally agree with and that's part of the problem. We can
put situations into effect that we have to by law. But, then, circumvent all
of the things that they are supposed to do. So, we get nothing done. AS well
as the EE)C (Equal Employment opportunity Commission) and all of the other
things that are put there for title seven. The question in my mind is more so
racist than anything else. Because then you'll sit - then we, and even
sexist. Because, what happened was that the last time I sat on the board,
there was a situation when we needed more females hired for the Fire
Department. We set up a program where they would go in and do some extra
training in order to get their upper body strength and prepared to do that.
And, then you turn around and somebody had given the test, waters down the
whole surface, wets the dummy and does all sorts of other stuff that had never
been done before. You know, and see, these are the type of tactics that make
it very difficult for a title seven as to be implemented. People play tricks.
So unless, the Affirmative Action Board or any other institution that you set
up to curtail racism or sexism or any thing else, is guaranteed to do
anything, we all need to just quit fooling ourselves. And, that's all I have
to say about it.
Mayor Suarez: You know, the Affirmative Action Board, is a tough vehicle. I
remember serving on it...
Commissioner Alonso: Me, too.
Mayor Suarez: ...many, many years ago with Commissioner Dawkins. And, the
first meeting that I attended they - I think it was his motion, they appointed
me chairman of it. And, for a few months, we actually did something because I
was an attorney. But, I had to, a lot of times, fight the City Attorney's
office. And, it was kind of ineffective. But, it - I ant interested in the
fact that you proposed certain things to be done in relation to women being
hired.
Mr. Couch: Well, it wasn't myself, particularly, but I did...
130 September 7, 1993
Cc mi.ssioner Alonso: The
Mr. Couch: ...make the motion. Well, what happened was they set up a program
because women were having problem with their upper body strength. OK. So,
then we went through this - we set up a program where they cane in and do
extra time. And, they went through that very well. I went out and took a
look at it. Nobody knew I was watching. But, then, when you get to take the
test, now, apparently the test site is been watered dorm. The dunrty is wet.
And, now is more that a hundred pounds of whatever else. And, now they can
carry it out. And so, how do we get into the root issue of why things happen?
So, unless we...
Mayor Suarez: Well, the irony of it is from my perspective, one of the other
things that we suggest to the Police Department, is a lot of times they cane
back and the Fire...
Mr. Couch: Well, this was the Fire Department...
Mayor Suarez: ...Right. The Fire and Police...
Mr. Couch: ...on that particular instances.
board. I mean if...
Mayor Suarez: Right. But, what...
But, whoever, it across the
Mr . Couch: ... you know, we can put all the laws we want down in the books
about racism and sexism and the whole thing. Unless, we really plan to
curtail it. And, put - having an Affirmative Action Board that we met once a
month. And, couldn't get anything done. Because, we didn't have the tooth,
the teeth of the manpower to do it, is...
Mayor Suarez: Well, the other interpretation is that there is many things in
the Consent Decree, so many things in the function of this Ccmm_ission here.
And a high minority composition in the City as it is, particularly at the
higher levels, that is gets to a point that the Affirmative Action Board may
not have all that much to do.
Mr. Couch: Exactly. So, then...
Mayor Suarez: Except individual cases of discrimination which go to the EEOC.
Mr. Couch: Right.
Mayor Suarez: And, to other - and, to court.
Mr. Couch: And, I mean, in Federal Court, they don't even have teeth to do
anything. So, I mean, the whole thing is a joke.
Mayor Suarez: Yeah, and it may not actually be necessary.
Mr. Odio: No. Because, you see, Mr. Couch...
131
Septwber 7, 1993
Mr. Couch: Well, it is a joke. It is. I've dealt with it personally. It's
a joke. It's a joke. We fool ourselves.
Mr. Odio: ...Let me tell you, I will provide, I will provide... Excuse me, I
will provide to you the numbers.
Mr. Couch: I don't care about the numbers. No, no.
Mr. Odio: Yes, but the numbers are important. How many women we have hired.
Mayor Suarez: Wait, wait. We are having a nice interesting argument here.
But, we are not following any of the procedures. All right, anything further,
any Commissioners?
Commissioner Plummer: Mr. Mayor.
Mr. Couch: Thank you.
Mayor Suarez: Thank you, Dan.
Commissioner Plummer: Will somebody call Steve Clark. With the arrival of
Tal Fair, we now have all mayoral candidates in house.
Mayor Suarez: All right. Anything further, Reverend, we got to get on?
Commissioner Alonso: Can you stay?
Commissioner Plummer: Wait a minute, what about the write-in candidate?
Commissioner Alonso: Next.
Rev. Fauntroy: I just wanted to make one thing - one point here. And, that
is that if the FOP (Fraternal Order of Police) is supposed to represent the
Police Department. And, it has fought the Consent Decree, and I think that
that makes it very clear that it does not represent the black policemen on
police department. Therefore, I think that it would be in the interest of the
City, and particularly our community, to have a representation on that
decision making board and in those meetings. And, I would urge you to see to
it that it's the Miami Community Benevolent Association that represents the
black officers.
Commissioner Plummer:
H.T., may I
strongly suggest,
sir...
Commissioner Dawkins:
No, they all
look alike. But,
that's not H.T.
Rev. Fauntroy: Excuse me, my name is Ray Fauntroy. I know we all look alike
but I there is a difference, sir. Go ahead.
Commissioner Dawkins: That's Fauntroy.
Commissioner Plummer: I am sorry, Mr. Fauntroy. That is my mistake.
Commissioner Alonso: Yes.
132 September 7, 1993
Cammissioner Plummer: May I strongly suggest, sir, that State Statutes govern
who is selected as the representative of the City's negotiating contracts. We
do not, sir.
t
Rev. Fauntroy: Well, we have...
Commissioner Plummer: That is an argument before a State board, and that...
We went through this before when we had this problem before. And, I am saying
to you that unless the State Statutes change, there will only be one
bargaining agent for the Police, one bargaining agent for Fire, one for
Sanitation and one for general employees. Because, that's the State Statutes.
Rev. Fauntroy: So, then we need to carry our arguments to the State. But, we
want you to know that there is a problem with the FOP representing black
officers in this town. And, it is a problem that it need to be addresses.
Commissioner Dawkins: Put it - turn it the other way, turn it the other way,
Mr. Fauntroy. That there is a problem that black officers feel that they are
not getting treated fairly by the FOP.
Cc[miissioner Plummer: Oh, well, that's...
Commissioner Dawkins: See, they don't have a problem with FOP. They have a
problem with the way they are treated.
Rev. Fauntroy: Probably, thank you.
Commissioner Dawkins: OK.
Mayor Suarez: All right, thank you.
Commissioner Alonso: And, Fire Department, also. They seem to have a
problem. The Fire Department as well.
Mr. George Adams: Mr. Mayor and Commissioners, if you would permit me, I'd
like to say a few things.
Mayor Suarez: Yes, at the request of Commissioner Dawkins, and far be it fran
me to suggest that he doesn't have the prerogative of bringing you to the
microphone.
Commissioner Dawkins: That's Tal Fair's treasurer. You can't stop him from
talking.
Commissioner Alonso: Ha -ha-ha.
Mayor Suarez: All right.
Mr. Adams: What it's all about, a part of the reason that we are here has to
do with the executive suurdt members. Now, there have been some meetings
held, one on June the 3rd, the other on August the 26th, and what happened is
that they had a list of members present, and then they had guests that were
able to attend. The meeting on the 26th, two black officers showed up at that
meeting and spoke with the Manager, and from what I understood, is that the
133 September 7, 1993
Manager told them that they could be a part of that meeting. Then when the
President of the FOP entered the room and saw Kevin McKinnon and Charlie
Wellons, he said that he wouldn't be a part of the meeting if they were going
to be in the meeting. So he walked out, and I understood they ran him down
and brought him back. And these two men appealed to the City Manager at that
particular time, and asked could they stay to deal with the meeting, because
they had a vested interest, because they were talking about the Consent
Decree, a way to modify or dissolve it, or just dismantle it altogether. So
what happened is that the Manager told them that he would have to - or they
would have to ask the President of the FOP if they could stay in the meting,
and he said no, and so they were put out of the meeting. I was a little
peeved at that, with them, because I would have been arrested at the meeting.
I would not have left, not out of a City building where they pay taxes, and in
the Manager's conference room. So this is one of the reasons. There were
other guests there, and they would simply like to know why couldn't they be
guests, and why would the City Manager be discussing the Consent Decree with
some union members, and this decree is pending in court. So why would you do
that?
Commissioner Plummer: Discussing or negotiating? That's the difference.
George, I guess - and I'm not defending the Manager. I mean, he'll have to
speak for himself. But I would assume that there is a big difference between
discussion and negotiation. If there was discussion, I think they have every
right - and this is just my opinion - to be in that roan to hear discussion.
But to negotiate, again, I get back to the State statutes that says that
there's only one authority to negotiate, by State statute, for the Police
Department. George, you know that as well as I do.
Mr. Adam : I understand that. I'm not talking about that at this particular
point.
Commissioner Plummer: OK. So I think as far as discussion in relation to
that, they have every right in the world to be there, just to discuss. But to
negotiate is a different ball game.
Mr. Adam : Here's the thing. I got the minutes to the meeting, and all they
are doing is discussing the Consent Decree, and what they're doing is more or
less working out a plan to apparently deal with the Commission. They've gone
to politics now, because they have an appeal in the Eleventh Circuit that's
been going on for about three years. And now, you know, as a taxpayer, I
would just like to know, why is the Manager meeting, and these gentlemen can't
be a part of the meeting where they're not negotiating? They're discussing,
getting ready to do something.
Mr. Cesar Odio (City Manager): Let me clarify. If you read the minutes of
August 24th, whenever that meeting was, it says clearly that I stated that at
no -time we're negotiating to eliminate the Consent Decree. Is that correct or
not?
Mr. Adam : I don't have to read it, I already read it.
Mr. Odio: OK.
Mr. Adams: That is correct.
134 September 7, 1993
Mr. Odio: OK. Now, at any meetings that we lave had before union Presidents
and myself, we have never discussed dismantling, eliminating or abolishing the
Consent Decree.
Mr. Adams: OK. You know what's in it, right? I can read you some questions.
Mr. Odio: We were meeting there because the Fire Union had sane questions
from both the Iaw Department and the labor relations about numbers, and about
the interpretation of numbers, and not the abolishment of, George. You were
not here when I first said that.
Mr. Adams: I understand.
Mr. Odio: Now, as far - I can only deal legally - and I repeat this - with
the head of the FOP.
( INAUDIBLE CWOU)
Mayor Suarez: Please, please, please, ma'am.
Mr. Adams: Here's the thing. Your June 3rd meeting, now I'm reading what's
here. Number one, listed below are questions introduced at this meeting. The
Consent Decree set a hiring goal of 56 percent minorities and women, and the
City Commission set one for 80 percent. OK. "Are the goals established by
department, or City bargaining groups, or classifications?" They're asking
questions that they already know the answer to, really. Number three, "Civil
Service adopted a rule of eight to comply with the Consent Decree. Once the
goals have been achieved, does the rule of eight still apply?" And it goes
on. "Is it possible that the affirmative action goals could replace the
Consent Decree?" This is what you're discussing, all right? In your next
meeting - now, you didn't discuss anything but the Consent Decree. You all
had an executive summit meeting, and you didn't discuss anything but the
Consent Decree. The next meeting is August the 26th. The same thing. You
didn't discuss anything else. I read in the paper where you said that you
discussed the budget and labor relations, but it's not in the minutes.
Mr. Odio: Excuse me. The agenda for those two meetings were set with the Law
Department to ask questions from the Firefighters Union and any others that
may have, and AFSCME (American Federal, State, County, and Municipal
Employees) about those questions that you answered. They wanted the answer to
those questions. And I told them that we'd have a meeting, they can ask the
Iaw Department whatever they wanted to. There's nothing wrong with that.
Mr. Adams: Mr. Manager, the next time you have an executive summit meeting,
can these gentlemen attend, since you're not negotiating - from what you're
saying - you're simply discussing?
Mr. Odio: I have no problem in anyone attending any of my meetings, because
there's nothing secret around here. But I do have to respect the - when I'm
dealing with the unions, I have to deal with the head of the union or whoever
he chooses for them to represent that union and no one else, George, and you
know that.
135 September 7, 1993
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Mr. Adams: Well, who dealt with the - they got a guest list there.
Mr. Odio: Sure, go ahead. What?
Mr. Adams: They got a guest list. I mean, how did they get invited?
Mr. Odio: They are asked to cane in case - we had another item on the agenda
that day, as I .remember - I think it was salaries or something - and they
wanted to have somebody from Personnel there, so we asked them to cane over.
And we had Priscilla frem Civil Service to be there for some other reason.
That's why they were invited.
Mr. Adams: Ms. Thompson was there, because I asked her to be a part of it.
Mr. Odio: Priscilla, sure, sure. She was there.
Mr. Adams: OK.
Mr. Odio: And I had - and she stayed there.
Mr. Adams: Well, the meeting was in your conference roan on City property.
Mr. Odio: The meeting - that's correct, sir.
Mr. Adams: And I'm asking you again, can these men attend when you have
another meeting?
Mr. Odio: If it's labor relations, I can only deal with the head of the union
or their designee and no one else.
Commissioner Plummer: No, that's not what he's asking.
Mr. Adams: Who is running the City, you or the members of the union?
Mayor Suarez: Mr. Adams, let me put an end to this and say the following, and
Cammissioner Dawkins, I'm sure, may want to add to it: There are two things
being mentioned here. One is, procedurally, who the Manager is going to meet
with. And the answer to that is very simple. If he's involved in negotiating
a union contract, he's going to meet with the union heads. If he is otherwise
meeting with people in what sounds to me like a discussion of the Consent
Decree and almost all of its facets, this Commission is encouraging him and
might even tell him to - if we can - to do that in the public eye. But I
would not be too concerned. You know why? Ultimately this Commission has to
approve anything that he negotiates. What concerns this Commission and this
Commissioner right now - and I think some of my colleagues share that - is
that all of these things were done without our knowing about it, and there is
one Consent Decree that hasn't been mentioned here that's a very important
Consent Decree, and that is the decree by which we consent to him being the
Manager. So - and that is one that is reviewed, as far as I'm concerned, on a
daily basis. That's the way I read the Charter. So we can change our minds
at any time on that, and he knows that's the way I feel. I'm not trying to
say anything derogatory, but I would not like to see discussions that in any
way sound to we as if we're about to make new policy on the Consent Decree
without my knowing about it. I am troubled about it. It sounds like some of
136 September 7, 1993
the colleagues - my colleagues are troubled about it. I'm going to be very
interested in reading whatever is there of the minutes of what took place here
to find out how come we didn't know about it. And that means basically that
we are the watch dogs of the community as a whole, and of all of the City's
employees. So I would - you know, the procedure of who he meets with there,
I'm not, for one, going to delve into it. It sounds like he's pretty
constrained by State law, in any event, if he deems that he's negotiating. If
he's not negotiating, he probably shouldn't meet with anyone. If he's
negotiating, he's ultimately going to have to come to us in any event to
approve it, so I wouldn't worry too much about it.
Mr. Adams: All right. The last thing I have to say...
Mayor Suarez: But we're happy to know about the circumstance, because I
wasn't aware of it.
Mr. Adams: The last thing I have to say is, I would encourage the black
officers to withdraw from the FOP, because the FOP is not in their best
interest.
Mayor Suarez: Yeah but George, I don't think you do them a favor, I don't
think you do them a service by saying that in this particular forum. I think
you should tell then that directly, because that creates all kinds of
implications for then. But the next time there is any kind of selection of a
union collective bargaining agent, I think that that's the appropriate moment
to, and the appropriate forum to tell them that. And we, of course, have had
to deal with a much bigger split in the Fire Fighters' Union. I don't
remember how resolved it is, but it's unfortunate.
Commissioner Dawkins: It is not. It's the same as it was.
Mayor Suarez: It's the same as it was?
Commissioner Dawkins: But Mr. Mayor, I'd like to say...
Mayor Suarez: Commissioner Dawkins, and then...
Commissioner Dawkins: OK. I'll close this by making a motion that we resort
back to the old method of when the Manager negotiates whatever he negotiates
with the bargaining agents, that the Mayor call a special executive meeting
where the .Manager can tell us what happened, so we do not have to read it in
the Miami Times, the Miami Herald, or no other paper; that we are aware of it,
and we can act accordingly. Mr. Adams, unless we find a methodology of
ensuring the black police personnel, male or female, that we can provide
hospitalization for their families, we're at a disadvantage suggesting that
they withdraw from the FOP, because they would not be able to afford
hospitalization and other health benefits.
Mayor Suarez: Once again, to add to the Conmissioner's statement, it's really
unsettling to hear that important meetings have taken place which are being
characterized as being collective bargaining, and it might be interpreted as
eliminating same important provision that has been City policy all the years
that I've sat here, and before that, was the subject of a Consent Decree,
without this Commission knowing about it, and for myself, so you've done a
137 September 7, 1993
valuable service in bringing that to our attention, and as the Commissioner
states, Mr. Manager, it's one of the few situations where we can meet with you
and with ourselves in private under the law, and it's an exception to the
Sunshine Law, and we'd appreciate your advising us of anything, any change,
any potential change, any - even a clarification of a policy of that sort,
we'd like to know about it and be briefed in executive session, and then we
can tell the community about it. Thanks to all of you for bringing all of
this to our attention, and I hope that people are assured of what this
Commission's policy is. If anyone wants to state anything differently, they
can certainly do that at this point on this Ccnnnission, but I haven't heard
anything to the contrary. Thank you.
Mr. Charles Wellons: Mr. Mayor, if I might.
Mayor Suarez: Last statement.
Mr. Wellons: Mr. Mayor, may name is Charles Wellons. I'm President of the
MCPBA. And we have a very serious problem here in that the black firefighters
have been disenfranchised from their union, and that the Fire Union is saying
they're acting in behalf of all of its members, and that clearly is not the
case. We have another situation where the FOP is working to undermine the
Consent Decree in concert with the bargaining agent from the Fire Department,
and that's clearly not in the best interest of all its members. So if this is
the case, how can the City continue to allow these people to negotiate when
they're trying to undermine what the Consent Decree is all about?
Commissioner Dawkins: Mr. Mayor, may I make a motion?
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: I make a motion that we schedule a public hearing on
the relationship between the FOP, the Fire Department, the black firefighters,
and the police here openly, so that we all can hear and know, and by that
time, we can perhaps work out whatever differences we have. I so move.
Mayor Suarez: All right. So moved.
Commissioner Alonso: Second.
Mayor Suarez: Do you want to schedule it for the first meeting in October, or
the second one in September, maybe in the morning?
Commissioner Dawkins: Well, I think I would prefer the second one in
September, because some of us may not be here in November - I you know, after
the election, some of us may not be here.
Mr. Odio: The agenda of September is...
Commissioner Plummer: No, he said October.
Mr. Odio: The agenda of September.
Mayor Suarez: I'd be happy to schedule after I'm gone, but, I mean...
138 September 7, 1993
Commissioner Dawkins: Well, October will be fine. October will be fine.
Commissioner Plummer: Miller, the worst offender, we're surely to get rid of.
Mayor Suarez: The first one in October, or the second one in September;
either one that you prefer.
Commissioner Dawkins: Well, the first one in October would be fine.
Mayor Suarez: All right. For the meeting of October 14th. So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded.
Commissioner Dawkins: What time, Mr. Wellons?
Commissioner Plummer: Excuse me, Mr. Mayor.
Mayor Suarez: Yes, sir.
Commissioner Plummer: Hold on, let me look here. No, October 14th is...
Mayor Suarez: It sounds like a reassessment of the whole situation is...
Commissioner Plummer: No, I was trying to look at all of these holidays.
It's not - we're - October meetings are fine.
Commissioner Dawkins: The October meeting is fine.
Commissioner Plummer: Look at all of them there, all these holidays.
Mayor Suarez: No, you're quite protective of our November and December
holidays, Commissioner, and we appreciate that. All right. Moved and
seconded. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 93-542
A MOTION OF THE CITY COMMISSION SCHEDULING A PUBLIC
HEARING AT TIE CU']MISSION MEETING PRESENTLY SCHEDULED
FOR OCTOBER 14, 1993 IN ORDER TO EXPLORE THE PRESENT
RELATIONSHIP AMONGST THE FRATERNAL ORDER OF POLICE
(FOP), THE POLICE DEPARIMWr, THE BLACK FIREFIGHTERS,
AND THE FIRE DEPARTMENT IN ORDER TO EXPLORE PRESENTLY
EXISTING DIFFERENCES AMONGST SAID GROUPS.
139 September 7, 1993
j
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.
CAS MADE DURING ROLL CALL:
Commissioner Plummer: I'm voting yes, but if we're going to have an executive
meeting with the Manager, I would hope that it would occur prior to
that
meeting with the general public so he can inform us at least what he knows
that we don't.
Mayor Suarez: Yeah, we'll make sure we have one of those. That's a
good
idea.
Commissioner Dawkins: It's a good idea.
Vice Mayor De Yurre: Mr. Mayor.
Mayor Suarez: Yes, sir, Mr. Vice Mayor.
Vice Mayor De Yurre: In listening to what is being expressed to us
here
today, we understand that legally, there can only be one bargaining unit
that
deals with the City, and if...
Conmissioner Plummer: one per organization.
Vice Mayor De Yurre: Yeah. Now, if we have a situation wherein - which is
basically what we have here - that a majority is deciding what it wants to do
for its unit, for its employees, and there's a minority there that doesn't
have the numbers to carry what their agenda is, as far as in this case, the
black fire fighters or the black police officers, so on and so forth, don't
we - and I think legally, we may be able to do this, and the City Attorney can
direct me better on this - can't we act, if we feel that something should be,
and it's something that is being proposed by a minority factor in that
segment, the Fire Department or the Police Department, can we, in our
negotiations, attempt to obtain those things that others cannot obtain, if we
feel that in our policy -making decisions, that these are the right things for
the City?
A. Quinn Jones, III, Esq. (City Attorney): Commissioner - Mr. Vice Mayor, I
think you would have a serious problem, because we've been down that road once
before, particularly, I was very much a part of it back in 19 - I think it was
184 or 185, where the IAFF (International Association of Firefighters), who is
the recognized bargaining agent for the fire fighters, filed an unfair labor
140 September 7, 1993
practice, simply because there were certain black fire fighters who had gone
to visit various Commissioners in an attempt to make their feelings known, as
to disparate treatment or whatever that they perceived in the City. I would
only tell you that I think we would be opening ourselves up to an unfair labor
practice charge from the recognized bargaining agent, recognizing, as, you
know, we've stated here all along, that it is the only recognized bargaining
agent. If, in fact, the black firefighters or any other affected group feel
that their official bargaining agent is not representing their interest, then
they have recourse for that. The recourse is in the courts, and of course,
the black firefighters are in that situation right now where the Justice
Department, on their behalf, has sued the IAFF, saying that they breached a
duty of fair representation. So there's a very fine line there that you have
to travel, because you really can open yourself up to liability there.
Vice Mayor De Yurre: Well, if we believe - if a majority of these unions, of
the members of these unions say that they we ld like to do away with the
Consent Decree, are we - and we believe in the Consent Decree.
Mr. Jones: Mm-hmm.
Vice Mayor De Yurre: Now, I'm not saying that that's the case, I'm just
suggesting as an example. Are you telling me that we cannot bring our
position to negotiate based on that situation, that we want the Consent Decree
to exist?
Mr. Jones: Not on the basis of what a fraternal organization like the black
firefighters or either the black police officers...
Vice Mayor De Yurre: No, because understand, I'm saying - I'm not saying that
we become their representatives at the bargaining table.
Mr. Jones: I understand, Commissioner. I understand exactly what you're
saying, but I can tell you how...
Vice Mayor De Yurre: But I'm saying in our own spirit of feelings of the
things that we believe in, if we happen to believe and advocate some of the
points that they're pushing...
Mr. Jones: Then that's a different story.
Vice Mayor De Yurre: ... then that's OK, isn't it?
Mr. Jones: Yes, that's correct.
Vice Mayor De Yurre: So that's one way of carrying forth our own policy, and
if it coincides with some of these other unions, then so be it.
Mr. Jones: Yeah. The only thing, the only caveat that I'm issuing to you is
the fact that you have to be very careful in terms of labor negotiations,
dealings, that's all I'm saying.
Vice Mayor De Yurre: OK. Thank you.
Commissioner Dawkins: Mr. City Attorney.
141 September 7, 1993
Mr. Jones: Yes, sir.
Commissioner Dawkins: Following the same lines as Cammissioner De Yurre, the
black firefighters have been out there by themselves. They've been fighting
this struggle. They've gotten no place, and they come to the City Commission,
they get not help. They go out and they get no help. What are they supposed
to do, legally?
Mr. Jones: Commissioner, I'm saying...
Commissioner Dawkins: I mean, if you can tell me and I can relay to them
legally what should they do, then we can tell them, because this has been
going on for the last - I don't know how - I know the last five years, and
we're no closer to a solution now than we were then, sir.
Mr. Jones: Commissioner, you recall that they sued the City some four or five
years ago, claiming that the City was basically thwarting efforts at
implementing the terms and conditions of the Consent Decree. Of course,
whoever their counsel is now - and I'm sure it's able counsel - but any labor
lawyer will tell you and tell them that they have recourse, and their recourse
is a duty of breach of representation. If they don't feel like their union is
representing their interest - in their best interest.
Comdssioner Dawkins: Well, the City Attorney didn't say this, Miller Dawkins
said that they need another lawyer.
Mr. Jones: Well, maybe they do.
Commissioner Dawkins: OK. Thank you. All right, that's all I need to know.
OK.
Mayor Suarez: The Vice Mayor's suggestion is interesting, and following up on
what has been said here, that we are not precluded legally from taking
input...
Commissioner Dawkins: I'm sorry I cut you off, Charlie.
Mayor Suarez: ... input from any association of City employees, which input
we may apply in our decisions on any issue, including collective bargaining
agreements, and give it more weight, for example, than a particular union, if
we so choose, individually.
Mr. Jones: Certainly, you can listen to their concerns, and of course, I
mean, that's part and parcel of your responsibilities as elected officials, I
would think.
Mayor Suarez: All right. I thought that's always been the case, and that's
the way I've always acted.
Commissioner Dawkins: Well, you got a man standing back here.
Commissioner Alonso: But it could be done as individuals or as organizations?
142 September 7, 1993
Mayor Suarez: I think you can meet with anyone that represents - either the
right to association. I mean, anyone that represents a group of individuals
with a particular concern. As a Commissioner, all right.
Commissioner Dawkins: You're the man standing back here who they tried to
drive out of the Fire Department. He refused to go. He still is no better
off now - McRae - than he was then. In fact, the fellow who was with him, who
stood up with him, is no longer with the Fire Department, Fuste. He's gone.
Mr. City Attorney, what is the status of the Skinner case?
Mr. Jones: Skinner or Boykin? Skinner...
Commissioner Dawkins: Beg your pardon?
Mr. Jones: Boykin or Skinner?
Commissioner Dawkins: No, no, no.
Mr. Jones: The Skinner case?
Commissioner Dawkins: The fireman who they took and rubbed their private
parts over his face, who sued the City and won - or did he lose, or what?
Mr. Jones: No. He obtained a jury verdict in the Federal District Court at
the trial level, but that case is currently on appeal before the Eleventh
Circuit.
Commissioner Dawkins: All right. Wait, now. He won a case - see, this is
the thing that everybody is talking about. Here's a gentleman who won a
case - all right? - got a judgment, and the City of Miami - no, let me
rephrase that. I can't say that. Miller Dawkins feels that the man was
wronged, he feels that he was wronged, and instead of going ahead and settling
with the man, you're humiliating him and dragging him through courts with an
appeal and all, and this is what we're talking - that's what they're talking
about. I mean, you know, somewhere along the lines, if that stops, they don't
have to cone dawn here.
Mayor Suarez: All right. This is appropriate for the hearing, then, of
October 14th, and I guess every so often, this Commission has to grapple with
all of the issues of - yeah - of the firefighters. And we sometimes do it,
ladies and gentlemen - I want everybody to know it - we sometimes do it much
to the consternation of the City Attorney, greatly to the consternation of the
City Manager, who tell us that we're not supposed to delve - and I don't even
want to say how angry the unions get about it, but this Commission has always
taken that approach, that we have that absolute, unimpeded right, on behalf of
the people of Miami, of all races, and colors and creeds, but in particular,
those that have experienced discrimination in the past, and we've done it, and
we'll continue doing it until we're satisfied that we've achieved enough
progress. And obviously, from what we hear today, that's not the case yet.
So we'll be back on the 14th. Thank you, ladies and gentlemen.
Ms. Matty Hirai (City Clerk): Mr. Mayor.
143 September 7, 1993
Mayor Suarez: Yes, Madam. We were in the middle of a roll call, I gather.
(ROLL CALL COWINUED)
Ms. Hirai: Continuing roll call. Commissioner Alonso?
Commissioner Alonso: Could you repeat the question, please?
Mayor Suarez: Could you please restate the question?
Ms. Hirai: Commissioner Dawkins' motion so that all the members of the
firefighters and the black firefighters will get together to try to...
Commissioner Alonso: For the hearing the 14th.
Ms. Hirai: Yes, all the groups, to try to reach agreement...
Commissioner Alonso: Yes, I vote yes.
------------------------------------------------------------------------------
32. DISCUSSION CODUMNING PORT OF MIAMI'S EXPANSION.
Mayor Suarez: Madam City Clerk, what item are we on?
Commissioner Plummer: Twenty-one.
Ms. Matty Hirai (City Clerk): Twenty-one, sir, because 20 was withdrawn.
Mayor Suarez: Is this FEC (Florida East Coast) Bicentennial?
Vice Mayor De Yurre: Yes, it is, Mr. Mayor. As you requested...
Mayor Suarez: Thank you. Mr. Vice Mayor, you want to get any introductory
remarks? And I do want to say one or two things about it then.
(INAUDIBLE COMME U)
Mayor Suarez: Mr. McCrae, we're going to hear the whole matter on the 14th.
Are you going to explain about the alternative resolutions that we have before
us and all of that?
Vice Mayor De Yurre: Basically, what I wanted to do first was to give a
presentation of what physically is being proposed at this time, as far as the
Port of Miami expansion out to Bicentennial Park, the different components
that are being discussed, the different alternatives. And what we're going to
be seeing here is how we can maximize the land that we have there, and how
much we could do. So it all depends on what our policy is as to how much we
would want to commercialize the area or not commercialize the area, how much
space do we want to have available as green space, how many parking spaces we
would like to have, we've got to see the traffic study, the flows that we have
144 September 7, 1993
into the area, and basically what those different alternatives are, from just
being a port to being a port with up to 400,000 square feet of commercial
space, to having 3600 parking spaces underground, or at least bermed, with
green areas of about 90, 95 percent. So I'm just going to have Jack Luft walk
us through it. If there are any questions pertaining to any lease, any
negotiations, at this point in time, there aren't any, because we're waiting
to see - in fact, I just met with Carmen Lunetta over lunch - we're waiting
for the economic study to come back with some figures as to what we can
expect, what we could make economically from this project. And eventually, it
will be our decision as to which way we want to go.
Mayor Suarez: A couple of things to add to that - one thing to add to that.
I put the pressure on Vice Mayor De Yurre to bring back a report,
Commissioners, for all of the reasons that we know about, including the fact
that at some point in the next few months, we may have to decide - and
hopefully, less than the next few months, because then I won't even be here to
decide - but whether to include or carve out any part of either of these two
parks for any kind of a sports facility. So what is before us today are two
resolutions. Mr. City Attorney, I didn't participate in the drafting of them.
I presume you drafted them in conjunction with the Vice Mayor's input. One of
which, if I remember correctly, sort of leaves open the possibility of a
sports facility, OK? And the other one of which does not, and instead refers
to maritime museums and those kinds of facilities which I think are more what
was in the original master plan that I was banding about a few years ago and
that we never really found any developers to do. So...
Vice Mayor De Yurre: You'll see, Mr. Mayor, that one does not exclude the
other. There is enough land there as will be shown, that if we wish to go
with an arena type facility, also, on this property, it's...
Mayor Suarez: But which resolution - if we wanted to leave out the
possibility - leave open the possibility that...
Commissioner Dawkins: Are we discussing the port here, or are we discussing
the Miami Heat? What are we discussing here? Because I need to know what
we're discussing here.
Mayor Suarez: That's what we're trying to clarify.
Vice Mayor De Yurre: Mr. Mayor, I would say that by looking at this, and if
there is a nation to be made, adopting in principle the concept saying, yes,
we like what we see...
Mayor Suarez: Right.
Vice Mayor De Yurre: ... we're going to make changes, or it's going to look
something like this, that we can do that. That does not exclude in the future
this Commission saying, hey, we're also willing to provide "X" acres, two or
three acres, whatever it would take, to build an arena on the property.
Mayor Suarez: OK.
Vice Mayor De Yurre: So by us making a decision that may not include the
concept of an arena, does not mean that in the future we can't take that step,
if we so desire.
145 September 7, 1993
Commissioner Dawkins: I'd like to make it clear. if I get reelected, it's
one vote now for no arena, and it's one vote after I get elected for no arena
in the park.
Mayor Suarez: And that, by the way, is my hope - as again, one vote here, but
involved at your request in trying to do scmthing to keep the Miami Heat in
town, or a basketball franchise in town, I'm happy to hear at least one
Commissioner be very clear about that. I'm just about at the same point as
Commissioner Dawkins, which would say for the reasons that he might have, and
for the reasons that I have, which is that I just think this particular
project, Jack and fellow Commissioners, is so important, is so historical, is
so crucial. I've heard already from cruise lines that are already - and you
probably have heard the same thing - that are looking to have first bids on
being able to anchor right off the park, Bicentennial, and FEC. I've read
articles - I think Howard Kleinberg wrote an article that said this was the
historical use of the facility. I happen to know that from other reasons,
because I represented the folks in question way back in 1975, the Ed Ball/FEC
folks, and it is imperative, I think. I think we owe it to the people of
Miami. I know, Mr. Vice Mayor, you would like to always leave out that
option, but - leave open that option, but I think it's imperative, to the
extent that we can today, to give a clear signal whether we, in fact,
anticipate having any sports facility, or whether this should be a maritime
park with ancillary port facilities, keeping 85 or 90 percent of the space
hopefully open, and public, and green, and landscaped, and all the other good
things that we consider in a park. The way I think of a park, I think of a
park as basically open areas, landscaped, trees, shade, and the rest of this,
in that sense, detracts from a park. I like your word of maritime park and
all that. The fact of the matter is a park is open areas with trees and
grass. If you add a couple of little attractions, which then help us to
maintain the park and in the process, attract some of those cruise passengers
to Flagler, and Bayside, and Biscayne Boulevard, and the Omni, so much the
better, and I can see a little bit of that. And if we can definitionally come
up with a conclusion, I think your work is made a heck of a lot easier with
the FEC Bicentennial. I mean, with all due respect, the idea that you're
going to hold open a sports facility - I want to hear the presentation, but I
think I'm going to come down with Commissioner Dawkins here at the end of the
whole thing and say, once and for all, let's clarify, this Commission wants to
do that particular project. And, you know, for sports facilities, if later
they can be placed there, that's another issue for another Commission to
decide. I won't be here.
Canmissioner Plummer: I will.
Mayor Suarez: But for myself, that's what I think the people of Miami are
telling me. I have a feeling I'm going to end up with that. I just want to
warn you .
Commissioner Plummer: I'll be here when all of you are gone.
Vice Mayor De Yurre: OK. What we should do is, if I may, is to go ahead -
and those are questions that need to be answerers, there's no doubt about that.
But when we go through the presentation, that you get a conceptual
understanding...
146 September 7, 1993
Conrmi.ssioner Plummer: Let me ask a little question.
Vice Mayor De Yurre: ... of what we're looking at, and then you can say, hey,
yes, it does fit in, or it doesn't fit in, or .let's do this, or let's talk
about that.
Mayor Suarez: Precisely. And then after the concept - Commissioner Plummer,
if I may interrupt your train of thought - we need to do two other things, at
least begin to do them. one is, what is the economic return to the City, and
two is, what vehicle, what agency, what organization, what trust, what joint
interlocal effort will manage the facility, because I don't think anyone in
this Commission, Jack, Mr. Manager, and Mr. City Attorney, is even
contemplating just simply deeding the whole thing over, in any way, to
Metropolitan Dade County or to the Port of Miami. So those two things will
remain. To the extent that we can give Vice Mayor De Yurre some indication of
how we would vote on this, we make his work of recaffmnding it a little bit
easier. But as to any sports facility - well, we'll see on that after your
presentation is over. Commissioner, I interrupted you.
Commissioner Plummer: Well, I think what you said was number two should be
number one. And I'm interested in knowing, has any discussion taken place
with the Port of Miami as to revenues?
Mayor Suarez: Let me guess. You're going to ask about "el dinero."
Cammissioner Plummer: You bet your bippy. I was here when we spent
40,000,000 to buy it, when we got taken by your predecessor, who demanded we
do it by quick take, and leave our jugular vein and wallet open to a jury that
said $39,000,000.
Mayor Suarez: I don't think that was the figure, but I think it was a little
less than that.
Commissioner Plummer: It was the figure.
Mayor Suarez: Substantially less than that.
Commissioner Alonso: Yes, but you don't expect us to make final decisions
today, because we don't have enough information.
Mayor Suarez: I understand.
Commissioner Alonso: Even though we are going to have this presentation and
we are going to be told how much it has been discussed, whether you have met
with the Port Authority and Mr. Lunetta, everything, but we are not going to
make the final decision today. We are going to say in concept, we like this
way and this is what we would like to see.
Commissioner Plummer: Did you read the resolution?
Commissioner Alonso: We need much more - well, for one vote,.I'm not going to
go along. I think this is too important to the taxpayers of Miami. They have
too much at stake to just jump into the wagon and say, hey, we make the
147 September 7, 1993
decision today without really having enough information. I, for one, I don't
know how much the other members of this Commission have learned, or with haw
many people they met. I recall that some of us felt that the City Manager was
supposed to keep us informed. As far as I'm concerned, I don't think he was
meeting with them, because wasn't telling me anything.
Mr. Odio: I have not participated in any meeting.
Ccanissioner Alonso: So I don't think that happened. Therefore, I assume
that you have little information yourselves, and we are going to be just in
concept what we would like to see, but it's not going to be binding.
Vice Mayor De Yurre: Well, that's basically it. For example, if we see
something that's totally abrasive that we, as a whole, would say, now, hey,
forget about that...
Commissioner Alonso: Yeah. Well, that parking is atrocious, if I may say.
This is ugly.
Vice Mayor De Yurre: But that's all underground, you see? That's all
underground. You don't see that.
Mr. Jack Luft: It doesn't show.
Ccmmissioner Alonso:
I'm glad. OK. It looks terrible.
Commissioner Plummer:
Well, excuse me. Victor...
Vice Mayor De Yurre:
But getting back to your question, your concern, J.L.
Commissioner Plummer:
Victor, I love you dearly, but let me tell you
something. Don't put
on the presentation if you expect me to vote for this
resolution that's before me today.
Vice Mayor De Yurre:
I don't expect you to do that.
Commissioner Plummer:
I'm not going to vote for that resolution.
Vice Mayor De Yurre:
I just want...
Commissioner Plummer:
Listen to the project? I'll listen to it.
Vice Mayor De Yurre:
The Mayor wanted to see where we were.
Commissioner Alonso:
Yeah, he would like to.
Mayor Suarez: Yeah,
I'm the one that is hoping for one of these two
resolutions to be voted on, and tell me afterwards why you have objections.
Cammi.ssioner Alonso:
If this is in principle, you know...
Commissioner Plummer:
I am always...
Mayor Suarez: I think
it's stated that way but we can argue.
148 September 7, 1993
s:
Commissioner Alonso: That's the way I understood it to be.
Commissioner Dawkins: Let me tell you why I'm against it, so they'll know.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: April 20, 1.992, I requested information on this
project. In 1960, the County paid $1.3 million for the Dodge Island. By
1967, the Dodge Island Seaport was up to 200 acres. They gave 26 acres
between 9th and 12th for a park. In 1960, the total acreage of the port was
200 acres. And this is what J.L. Plummer is saying, and he's not listening,
OK?
Commissioner Plummer: What do you mean I'm not listening?
Commissioner Dawkins: On March 30th - in 1968, after the seaport's first full
year of operation, gross revenues totalled 1,000,000, and by 1978, gross
revenues had increased to $6,000,000. In 1988, the same little piece of
property that they got from us for a million -three, produced $18,000,000 in
net for the County. By 1991, it had increased to $18,300,000. By the year -
in 1992, last year, the port produced a profit to the County of $20,000,402.
Now, in 1960, they increased that to 300 acres.
Commissioner Plummer: I got a good idea.
Commissioner Dawkins: Wait, wait, I'm getting to that now.
Commissioner Plummer: We'll go into business, and I'll run it and resign.
Commissioner Dawkins: Potential to expand the port to the east. They cannot
expand the port to the east, because they have gone as far as they can go.
Concurrent with adopted City plan for Bicentennial FEC Park, the proposers Port
of Miami plan for expansion cruise passenger operations to and improving the
City Bicentennial FEC site is consistent with the 1987 Downtown Waterfront
Master Plan concepts for the design and use of the 65-acre site. I asked
would the County be willing to share revenues of proposed Bicentennial FEC
cruise operations with the City? J.L. Plummer, they said, 1991, the wharfage
fees from passenger ships totalled 7.5 million. In 1991, the wharfage fees
from cargo ships totalled 5.2. That's $12.2 million. They would not give any
to the City of Miami. So I say, well, why don't the City build this, OK? The
City liability to finance and build proposed port facilities, serving only as
advisors, thereby retaining all revenues after debt services are met -
according to the County, it is not legally or financially possible for the
City to unilaterally - and nobody asked for unilaterally. I asked if the
County could oversee this with us - undertake construction and operation of a
new cruise port on the Bicentennial Park. The County Code - and this is where
the County does it to us again, J.L. - Section 2.116, New Port Facilities,
stipulates that no municipal corporation shall hereafter acquire, construct,
operate or maintain any port facilities without securing proper approval and
consent of the Board of County Commissioners. But we should - we can go there
and ask them to do it.
Commissioner Plummer: No problem.
149 September 7, 1993
Commissioner Dawkins: OK? So the City would not be in competition with them.
We're only asking that they allow us to do the same thing that they have
done - develop a piece of property where the Manager would not have to sit
down and try to balance the budget, because he'd have twenty or thirty million
dollars with which to balance the budget. 'That's all I'm asking.
Mayor Suarez: All right, Jack. We've now philosophized and otherwise B.S.'d,
as one of my colleagues just said here on my right, and otherwise
misinterpreted your renderings, because Commissioner Alonso was worried about
the parking. It looks like surface parking, and maybe if it was underground,
you could kind of put little dots on it or something, so that we'd be sure
that there's going to be some grass there somewhere, and we'll let you proceed
with your presentation, hopefully without too much interruption.
Mr. Luft: All right. In 1987, the Commission passed a master plan that asked
for four things to be included in the development of this site. First and
foremost was park and open space. The vast majority of this finished
development should be, look and feel like a park. The second thing was
cultural attractions to bring more visitors into downtown to help our economic
base, to help stimulate the development of the surrounding area, and provide
our people with the kinds of cultural attractions that most world class cities
have in their downtowns, but we have not yet achieved. Thirdly, a cruise port
to activate the water's edge, and some retail and entertainment to service
those people visiting the center.
Commissioner Plummer: Jack, you can't do it. You know with the stipulation
we got at Bayside, you can't do that.
Mr. Luft: We do not have an exclusionary with Bayside.
Commissioner Plummer: Bayside has an exclusionary.
Mr. Luft: No, they don't.
Commissioner Alonso: No, they don't. They don't.
Commissioner Plummer: For the northern part.
Mayor Suarez: Not for the northern part, they'd better not.
Mr. Luft: No. They're free to build anywhere else in South Florida, and
we're free to build more...
Commissioner Plummer: Absolutely, you're wrong. They cannot build north.
Mr. Luft. OK. Yes.
Commissioner Plummer: Can they use Miami for 250 miles.
Mr. Odio: The exclusion is only for Bayfront Park.
Commissioner Plummer: That's Bayside. That's what I'm talking about.
150
September 7, 1993
Mr. Luft: No. Bayfront Park.
Mr. Odio: The exclusion is only for Bayfront Park and not for the
Bicentennial FEC site.
Mayor Suarez: Yeah, it cannot apply north. Otherwise - in fact, J.L.,
they're cooperating in this, and they're very supportive of it. They better
be.
Commissioner Alonso: They think it's very helpful to their business. It's
really an addition, yeah.
Mayor Suarez: Yeah, and I'm sure they would love to run it, too.
Commissioner Plumper: I fought for it. If you didn't put it in the agreement
(unintelligible).
Mr. Luft: These four elements appear in this fashion. The ground level or
the ground zero involves a circulation system counterclockwise that brings in
port traffic to a port facility shown here in the purple. There are two
facilities with four terminals; two in the deep water slip, two in the
outboard side. There would be at least two, potentially three parking
facilities of up to 3600 parking spaces serving the park. The great majority
of that parking, fully 90 percent of that would be for the park and for the
cultural uses; not for the port. Over 80 percent - we're projecting as much
as 90 percent of the port traffic comes in by bus, not by private vehicle.
The second level, very much like the port facilities, operates with the
passenger terminal on the second floor. This is where the gangways come out
and connect directly to the cruise ship. Again, the four terminals and a
second level of parking behind that. The third level up represents the public
museum attractions and bay walks. This is where we come to the public level
that integrates to the park. The three dimensional model of how that looks -
you can pass this down, see it better - shows you that kind of layering of
facilities that reaches up at the water's edge. This model represents a
three-dimensional view of the FEC track. You see the Port Boulevard here on
the bottom and Biscayne on the left. The project layers up with parking in
two levels, stepping up to the third level of the museums on the top. When
you come in, you create a park over the top of it, and the majority of the
space is returned to green space with the museum attractions around the
water's edge. Now, you would ask, how can this be done...
Mayor Suarez: Can that incline be perceived? I'm sorry.
Mr. Luft: Yes, it can. It can be perceived, yes.
Ca nissioner Alonso: What is this?
Mr. Luft: That's not there.
Commissioner Alonso: Oh.
Mr. Luft: That was the architect's version.
Commissioner Alonso: What I see is not, so I can...
151 September 7, 1993
Mr. Luft: You can take that off, as far as I'm concerned.
Mayor Suarez: Grab a pair of scissors.
Mr. Luft: This was what - I'm relying on the architect's modelling. This was
an early model that was done, and one of the things we told them is that there
would be nothing blocking the view.
Commissioner Alonso: So this is a disappearing act. You have the honors.
Mr. Luft: Right. I think the Commissioner has gotten the idea here.
Literally, it is up to you to shape this plan.
Commissioner Alonso: May I ask why it was there, when in fact, it's not
there?
Mr. Luft: Well, it was there because the architects for the port originally
did this model some months ago. After they first discussed this model, we
told them that, you're not blocking the view of the port.
Commissioner Alonso: It was going to be a huge building, right?
Mr. Luft: I don't know what it was.
Commissioner Alonso: It looks huge to me.
Mr. Luft: Frankly, we just simply said it won't be there.
Commissioner Alonso: OK. May I see it again?
Mr. Luft: Sure.
Commissioner Alonso: Because I might find something else that has to
disappear.
Mr. Luft: The point is, all of these are schematics. They're preliminary
models and concepts for how to organize the site. It's up to you to work
through that. Let me show you just for demonstrative purposes, a couple of
pictures here. This is the Canada place in Vancouver, a recent development of
a cruise ship terminal.
Commissioner Alonso: We cannot turn on?
( INAUDIBLE CC*ENI'S)
Commissioner Alonso: We need to.
Commissioner Plummer: I think you're going to mess up the TV cameras.
Mr. Luft: I've only got a couple here. The cruise ship terminal itself is
involved in three levels. The lower level is a passenger; the second level is
convention and trade center - the cruise passenger terminal, and the third
level is convention and trade center. It's all connected by public walkways
152 September 7, 1993
that came off of the major boulevard on the edge. There's over 100,000 square
feet. This is only a seven -acre site, but there's over 100,000 square feet of
public walkways surrounding this. The project is serviced from the lower
level with the cruise ships, but when you come up to the upper levels, this is
what the public sees. As you circle the project, you have several different
layers, three different tiers from which you can view the cruise ships. You
have actually a very direct relationship. This is from outside the cafe on
the plaza where you're viewing directly almost eye to eye with the cruise
passengers. These are the restaurants, and terraces, and viewing areas along
the water's edge. There's very dramatic views of the bay and the scenery
beyond. This is all on top of the parking garage next to the IMAX Theater.
These are the kinds of public spaces you can create at the edge of Biscayne
Bay. There's an IMAX theater at the rear of the project. The whole thing is
one of the most popular public places in all of the downtown Vancouver
waterfront. It has 124 sailings a year of cruise ships. Now, there is a
question about, can you put landscaping over parking. You see the parking
garage on the first map, and you immediately react, as many people do, as I
did, "Oh, my heavens, this looks awful." This is Expressway Park in Seattle.
This is a public park that was built entirely over Interstate 5. There's
approximately four feet of dirt in this park, and when you walk into the park,
this is what you see. This is the feeling that you get going through the park
over an interstate highway. These are mature spruce and Douglas firs. It
has - you could be on a mountain side, actually. The point being is that it's
not that difficult to create over built spaces very lush, green park areas.
Now, as far as an interlocal agreement goes, there are many questions. There
are many issues to be resolved. The development issues of an interlocal
agreement, we take this apart in four pieces. Certainly, in terms of
preserving park and open space, we have several issues before us that we need
to come to terms. I feel you, as the Commission, on behalf of the people of
this City, have a responsibility in the negotiation of this agreement to
ensuring that these terms are met in perpetuity for the people of this
community. How much park there will be, how much access to the waterfront
there will be - you saw some examples in Vancouver - the kinds of maintenance
and security that will be provided, and what kind of programming events and
activities will occur there and who will do that.
Mayor Suarez: Jack, did you give a percentage yet of open...
Mr. Luft: Pardon?
Mayor Suarez: Did you give a percentage yet of landscaped or...
Mr. Luft: We've always said 80 percent, minimum.
Mayor Suarez: No, we haven't. We have said 80...
Mr. Luft: The port...
Mayor Suarez: Lunetta said 85 percent, and I...
Mr. Luft: The port had said 85.
Mayor Suarez: And I said 90 percent.
153 September 7, 1993
Mr. Tuft: And you said 90. We, being the Administration, at the very
beginning of this...
Mayor Suarez: ... said 80?
Mr. Luft: ... said that we wanted 80 percent of the park to be green. That
was our beginning point. You've gone one better, and the port has tried to do
better.
Mayor Suarez: Yeah. Jack, if we don't come a little higher than that, I just
have a feeling that people are really going to be very concerned.
Mr. Luft: I think they...
Mayor Suarez: It's sort of a slippery slope. Once you get below the W)
percentile.
(INAUDIBLE CMENT)
Mayor Suarez: OK. Because I've been told that we were now at awfully close
to 90 percent.
Mr. Luft: This is what's conceivable by the time you layer over, as this
model shows - I'll pass this up to you. This is what's possible to achieve.
Mayor Suarez: That one doesn't have the Miriam Alonso building that we got
rid of here.
Mr. Luft: This is - these are the museum facilities at the water's edge.
Mayor Suarez: I labelled it. I'm warning her. You never know what you throw
away around here. You see, it's got Miriam Alonso's name right on that.
Mr. Luft: So there's your 85 percent there on that model.
Mayor Suarez: This is 85?
Mr. Luft: Yes. The point is, all of this can be pushed and pulled. You can
literally have virtually 100 percent if you want to do away with anything
above the ground level.
Mayor Suarez: Well, that was going to be my next question. Are those
terminal buildings cast in stone there?
Mr. Luft: No. These would be...
Mayor Suarez: I mean, do they have to be as large as that?
Mr. Luft: These would be museum buildings.
Mayor Suarez: Mn-hmm.
Mr. Luft: The terminals are really only the first two levels underneath, as
you saw on the Vancouver system.
154 September 7, 1993
M
Mayor Suarez: But do they have to be as elongated as those? Can't we have a
little bit more...
Mr. Luft: No. They can be broken up into pieces. I think there's an
advantage to having a dramatic architectural element on the top. It doesn't
have to be a massive building walling off the waterfront, but just as the...
Mayor Suarez: A dramatic architectural element at the top.
Mr. Luft: Right. In other words, when you view it fran the...
Mayor Suarez: And when Dan Paul starts hammering away at it with...
Mr. Luft: When you view it from the boulevard, the public should be able to
see that there is an aquarium, or a museum, something to attract then there.
I think there's wonderful examples of architecture on waterfronts...
Mayor Suarez: On the other side always, right next to the water.
Mr. Luft: Along these edges.
Mayor Suarez: Right.
Mr. Luft: Interspersed, yeah.
Mayor Suarez: So it doesn't block the view from Biscayne Boulevard.
Mr. Luft: So it doesn't block the view.
Commissioner Alonso: That's very important.
Mayor Suarez: Which contradicts totally the Noguchi design for the south side
of Bayfront Park...
Mr. Luft: Right.
Mayor Suarez: ... which was, as he told it to me before he passed away, he
says, "I want to put a wall with a slit down the middle, and I want to hide
the Challenger Memorial and the rest of the park from people, and in the
process" - people that are on Biscayne Boulevard - "and in the process, force
them to go through the slit, and the on the other side, I show than the park."
And I said, "Mr. Noguchi, with all due respect, I'm not a landscape architect,
I'm not an architect at all, but why do you want to hide something from them,
and then to reveal it to them if they get off their car, because a lot of
times, they don't have a chance to?" A lot of people are just driving by
there going to work, or going somewhere, or walking by there, and not,
instead, you know, give full visual access to the bay, which is what you'd
like to see.
Vice Mayor De Yurre: But, Mr. Mayor, even today, you can drive along Biscayne
Boulevard, you do not see the water. You have to approach that in, and
physically, it's impossible.
155 September 7, 1993
Mayor Suarez: I've tried it. Some parts of Biscayne Boulevard, depending on,
you know, your vantage point...
Vice Mayor De Yurre: Yeah.
Mayor Suarez: ... depending on the size of your vehicle, et cetera, you can
actually - you know, you can actually see a little bit of the water. But with
this design for Bayfront Park, most of it was eliminated, and whoever designed
Bicentennial Park - by the way, nobody's ever claimed the design of
Bicentennial Park. But that was...
Mr. Luft: Edward Durrell Stone did that, but...
Vice Mayor. De Yurre: Let me just say, that's my situation. I'm only 5'611, so
obviously, you, who are about six feet tall, you can see a lot more than I
can, but, you know.
Mayor.Suarez: I didn't get into the issue of height. I said the vehicle.
Ccmmmissioner Plummer: We'll stretch you out, don't worry about it.
Mayor Suarez: Now we got the Miriam Alonso building and the Victor De Yurre
vehicle. We're doing real well here today.
Commissioner Plummer: We'll have Downtown "Enano" Park.
Mayor Suarez: Can we design a little vehicle for the Commissioner to see the
bay real well?
Commissioner Alonso: If you insist it's my building, I'm going to place it
back here.
Mr. Luft: In any event, bay walks would go on the outside edge of all
buildings, so that there would be a continuous walkway and viewing out to the
bay, uninterrupted from that water's edge.
Commissioner Plummer: Do we buy Victor a pair of stilts? That would be the
answer, Victor.
Mayor Suarez: All right.
Commissioner Plumper: Elevator shoes?
Vice Mayor De Yurre: As long as it doesn't come from campaign funds.
Commissioner Alonso: This is a very serious issue.
Mayor Suarez: Yeah, really.
Mr. Luft: With visitor attractions, again, for our interlocal agreement, as
you're questioning here, the type and the size and location of attractions;
whether existing or new institutions; whether they're going to have ancillary
facilities, such as the Omni.max Theaters; who's going to use and control the
open space for the festivals and the financing of construction and operation.
156 September 7, 1993
Mayor Suarez: Well, now, see, that, the financing - and I'm going to be like
Plummer here for a second. It's really the number one item. In other words,
are we looking for things that are self-supporting classic commercial
entities, or things that you have to, in effect, give free use of land, as
much of the infrastructure as possible? The Cmnimax Theaters don't sound to
me like they make a lot of money. They may break even operationally, but
they're not going to pay debt service. Is that...
Mr. Lift: The one in Canada Place was built by the Omnimax Corporation, and
is operated by them at a profit.
Mayor Suarez: They don't pay ground lease, probably. They don't pay for the
right...
Mr. Luft: They pay some. They pay some as a percentage.
Mayor Suarez: Nominal, maybe.
Mr. Luft: As a percentage.
Mayor Suarez: I mean, my guess is that this Carmission, Jack, is going to
give you a lot more in the Port of Miami - and all the other agencies involved
in this - a lot more of a free hand, in the sense that we don't expect to get
a return on investment by the kinds of attractions that are there. I mean, if
you do, you begin to have a lot more concrete, you begin to have a lot of the
kinds of exclusive things that people don't particularly want there. I mean,
I think that's the way this Commission feels. You were the one that many
years ago, proposed a standard - I think it was built into an ordinance, Mr.
Vice Mayor - that said for building in commercial attractions into City parks
to bring people to the parks, to help maintain than, et cetera, we would never
exceed 15 percent of the total land space. I remember that parameter, and I
think you had in mind comlercial enterprises, ones that would themselves build
all the improvements. Here, I think we have more in mind the kinds of things
that the Port of Miami revenues would be able to fund, and that would be
totally accessible to the public. It might be a nominal fee. I mean, the
Glmnimax Theater might have a fee, and the museum may have a fee, but not the
kinds of very exclusive type things at all, Jack. I mean, we don't...
Mr. Luft: We're hoping these can be truly cultural attractions that the
existing institutions in our community can take advantage of right now. We're
losing these...
Mayor Suarez: But cultural attractions, a performing arts center is a
cultural attraction.
Commissioner Plummer: I don't understand.
Mr. Luft: No, no.
Mayor Suarez: But it's a cultural attraction that most people cannot afford
to go to.
Mr. Luft: Right.
157 September 7, 1993
Mayor Suarez: This is not what we want in this park.
Mr. Luft: We're talking here about youth museums, about science museums or
historical maritime museums, these kinds of things.
Mayor Suarez: Yeah, and the kind of thing that doesn't keep you in any way
from using the rest of the park.
Mr. Luft: Of course not.
Mayor Suarez: Commissioner Alonso was talking about Bayfront Park. Now, we
have these festivals and these other temporary activities that all of a
sudden, you can't walk through sommyhere. And I related to this Commission
the incident with the three "Carab.las" when they came, the Columbus ships,
and when my wife went to take the kids, she paid for my kids to go on the
ships, the $3 or whatever it was, and then they said, "Ma'am, you have to pay,
too." And she said, "What do you mean? I'm not going on the ships." They
said, "Just to stand there, you have to pay. " I mean, the one thing - that
was not the right thing to say to my wife. The one thing - those of us that
know her - the one thing you don't want to do is make it exclusive type
attractions, expensive, exclusive type attractions. So we know they're going
to be the kinds of things that are not all that profitable, Jack. They're
going to be more, OK, educational, artistic. All right.
Mr. Luft: And the reason we can afford to do that is because we're asking the
port to build it.
Commissioner Plummer: Excuse me, Jack. You put four cruise boats in this
facility, you can forget about anything else being down there.
Mayor Suarez: Well, that's another question.
Camiissioner Plummer: You start backing in fuel trucks, and supply trucks,
and every kind of other truck there is, there's nothing else going in there.
Vice Mayor De Yurre: J.L., everything happens underground, all that activity.
Commissioner Plummer: Oh, no, no, no.
Mr. Luft: Commissioner, the terminal here, everything can be handled...
Commissioner Plummer: ...underwater?
Mr. Luft: You saw the Vancouver. They have 124 sailings and 14 cruise ships.
Everything, all the provisioning is handled within a 50-foot stretch of the
waterfront in front of that building.
Commissioner Alonso: Good, good.
Mayor Suarez: OK. You're saying that Commissioner Plummer's concern of all
the trucking, all the disembarking, all of that, that typically happens up on
the surface, in this case, will not intrude on the public's use of that land?
158 September 7, 1993
Commissioner Plummer: Mr. Mayor, excuse me.
Mr. Luft: It's underneath.
Commissioner Plummer: Just stop and go and look at Biscayne Boulevard and 5th
and 6th Street, without this facility being there. You can't get near that
place on Friday, Saturday, Sunday, and Monday morning. You can't get near it.
The traffic is absolutely at a standstill.
Mayor Suarez: You know, your capacity for exaggeration is something that - it
just astounds me, after eight years.
Commissioner Plummer: Excuse me. Where am I exaggerating?
Mayor Suarez: I have driven by there on Friday, Saturday, and Sunday
mornings, and have just seen a moderate amount of traffic. But in this case,
he's saying, J.L., as to the park...
Commissioner Plummer: Yeah.
Mayor Suarez: ... that it's all going to be underground. But I saw a
discussion take place...
Commissioner Plummmer: Excuse me.
Mayor Suarez: ... or I heard a discussion take place here that we're going to
put on the record. We've got the idea here of 12 cruise ships - I don't know
if he was saying it in jest, Commissioner Dawkins...
Commissioner Dawkins: No, I mean it.
Mayor Suarez: You're...
Vice Mayor De Yurre: No, we're talking about 11.
Mayor Suarez: You're talking about four. I was thinking of two. I think we
ought to give a clear mandate here.
Mr. Luft: They rotate.
Vice Mayor De Yurre: Mr. Mayor, understand one thing. They rotate. One
leaves, doesn't cone back till Friday, then another one locks in.
Mayor Suarez: OK. Well, but in terms of terminals.
Commissioner Alonso: And then we charge them what? - $5 a person, $3, $5,
every person that passes by a fee, to the taxpayers of Miami?
Mayor Suarez: Of course, of course. That's the...
Commissioner Plummer: Mr. Mayor, have you ever been down there when those
cruise ships are beginning to cone in, and when those cruise ships are
beginning to leave, and you call my position exaggerated?
159 September 7, 1993
i
Mayor Suarez: No, well, OK. Let's assume that your observation is correct.
In view of it - which I don't think it is - but in view of it, are you
inclined to want to have two terminals, or terminals enough for two ships to
be there at one time? I'm not talking about rotating here.
Vice Mayor De Yurre: You got four.
Mayor Suarez: Enough for two ships? Enough for four ships? Enough for more
than four?
Commissioner Plummer: Mr. Mayor, are you aware, sir, of how many passengers
each one of these cruise ships carry?
Mayor Suarez: You know what? You would be a great lawyer, because you never
answer a question. You just answer a question with another question.
Commissioner, I need, and all of us need to know how we feel about having more
or less of these terminals and cruise ships docked at the same time.
Commissioner Dawkins: Yes or no is a simple answer. Yes or no.
Mayor Suarez: Do you want two? Do you want four?
Commissioner Plummer: Sir, at this point, I don't want any.
Mayor Suarez: Well, is that going to change now when we get to vote, or is
that your position; that you would not like this project to be done?
Commissioner Plummer: At this point, without knowing the rest of the
positions, and now knowing in-depth information, I don't want any.
Mayor Suarez: Well, but we're trying to get there, and the way to do it is to
have presentations to the Commission, which gives additional approval
conceptually, and adds detail to the thing, so they don't come here one clay,
put together a deal, bring it back to this Commission, and we say we were not
consulted. So in general terms.
Commissioner Plummer: Mr. Mayor, you are entitled to make your in-depth
decisions on this little information. I don't. I don't care what is
negotiated, what is to be negotiated. I don't know any of the particulars. I
never knew about a maritime theater. The only thing I know is that the Port
of Miami is making a fortune, and they want to take over part of ours and give
us nothing. That's not going to happen in my book. I'm sending then a
message at this point.
Mayor Suarez: We're going to work out an arrangement where we're going to
profit. Let's assume that we profit substantially from allowing the Port of
Miami to be there.
Commissioner Plummer: Different ball game.
Mayor Suarez: OK.
Ccmmissioner Plummer: That ain't what I have heard so far.
160 September 7, 1993
Mayor Suarez: But I want to know from the standpoint of traffic environment
and aesthetic considerations, how many cruise ships do you think we can
conceivably afford to have on this side of the bay?
Commissioner Plummer: Well, you tell me then, since I've not heard it. Are
they three-day cruises, four -day, seven-day, ten-day...
Mayor Suarez: Good question. Jack, what is envisioned?
Commissioner Plummer: .. 14 ? I don't know. You haven't told me. You're
giving me - skirting all of the particulars.
Mayor Suarez: What is envisioned, Jack? Are they...
Vice Mayor De Yurre: I thought only the Latins were supposed to get excited.
Mr. Luft: All of the above.
Commissioner Plummer: I'm not excited. Wait till I get excited. You'll know
it.
Commissioner Alonso: No. The difference is, they don't call it excited.
Vice Mayor De Yurre: Mr. Mayor, let me just add, so we can clear the air...
Commissioner Plummer: No. How can I make a decision without knowing that?
Commissioner Alonso: And you're right. I agree with you.
Mayor Suarez: Can we just get that answer?
Vice Mayor De Yurre: So that we can clear the air. We have yet, yet to speak
about any of the economics of this venture. We have yet to speak as to who's
going to control it, how much there's going to be. All we've gotten so far is
a wish list of what it could be from a physical aspect, and that is what is
being presented today.
Commissioner Plummer: That's fine.
Vice Mayor De Yurre: Lunetta says it will take at least 45 days to get an
economic study back from the firm that's doing it up in Chicago. Once we get
that, then...
Mayor Suarez: All right. As you do that, make sure you assume, Jack, then,
for purposes of this Commission, no more than two cruise ships, because that
would be my vote.
Commissioner Alonso: But if we are going to charge a fee, we better have more
than two.
Mayor Suarez: All right. Well, in my case, for other reasons, aesthetic,
environmental, et cetera, no more than two cruise ships, and then have another
one that has four cruise ships at one point, if that's the other major
alternative.
161 September 7, 1993
Mr. Luft: Yes.
Mayor Suarez: I guess no one is proposing more than four, are they?
Mr. Luft: No, sir.
Vice Mayor De Yurre: Remember, there's a fifth, which is the naval one, which
is off to the side.
Mayor Suarez: And the naval visiting ship program. OK. Quick question,
then.
Cammissioner Plummer: Are you taking four a day?
Mayor Suarez: That's what...
Commissioner Plummer: Are you taking four a week?
Mayor Suarez: Four that can dock at any one time.
Commissioner Plummer: Oh, he can't do more than four at any one time.
Mayor Suarez: All right. I don't want four, I only want two. But what kind
of ships are envisioned?
Commissioner Alonso: We are going to pay more taxes.
Mayor Suarez: Are they - to answer Commissioner... I'm going to have the
Xavier Suarez ship. You got that building, he's got the car.
Commissioner Alonso: OK. We'll name one after you.
Mr. Luft: They would tend to be the smaller ships with the shorter cruises,
because that's what we're losing now.
Mayor Suarez: But not all --day cruises either.
Mr. Luft: Pardon? Not all of them day cruises. No, not just one --day
cruises.
Mayor Suarez: I mean, we're not talking about redoing the little boats in
Bayside that take people around the bay. We're talking about major cruise
ships. That's why...
Mr. Luft: No, but the newer generation luxury cruises that are coming in are
smaller, and some of the older generation vessels that are now being forced
out to Puerto Rico, Port Manatee and Port Everglades are the kinds of vessels
that would come to this site. It's ideal for this.
Mayor Suarez: And those are typically three-day cruises?
Mr. Luft: It could be a day cruise, it could be three-day cruises, four -day
cruises, but it would retain that economic impact in Miami.
162 September 7, 1993
Ccmmissioner Plummer: $5 a head ain't bad.
Commissioner Alonso: That's good. I agree.
Camussioner Plummer: $5 a passenger ain't bad.
Mayor Suarez: OK.
Mr. Luft: My point here is, is that...
Cam issioner Plummer: I'd prefer the bigger ships
Mayor Suarez: I'm sorry to interrupt you, but has even the slightest thinking
been given to what my Commissioners to my left are now talking about, which
is, what would each ship pay on a per -passenger basis for the privilege of
being in the mainland, which is going to be a very - I can assure you,
Commissioners, and I'm sure you've felt the same pressure - this is where they
all want to be. They would like to be at the FEC Bicentennial slip, if those
are ever built. How much are we talking about charging on a per -passenger
basis?
Mr. Luft: We have no idea, sir. We have not seen the first number from the
port. Nothing.
Mayor Suarez: I intuitively like the figure of five, Jack.
Commissioner Plummer: Oh, yeah.
Ccnmissioner Alonso: Yes.
Mayor Suarez: And I would suggest that if you don't do it, I am going to send
a letter to Mr. Lunetta saying three of us here were talking about $5 per
passenger.
Commissioner Plummer: Excuse me. No less than.
Commissioner Alonso: He knows I've been saying that for four years.
Mayor Suarez: Yes. It will have one of those little...
Camni.ssioner Plummer: No less than $5 a passenger.
Commissioner Alonso: That's right, yes.
Mayor Suarez: ... one of those little mathematical signs that has more than
five.
Camiissioner Plummer: Give me a little roan for negotiation.
Mr. Luft: OK. Yes, I think it will all become clearer when they present to
us the numbers. We would have to do our - and I would strongly recc mend that
we have our own independent financial analysis of the package that they give
us, to understand the validity of those.
163 September 7, 1993
1
Commissioner Plummer: Well, Jack, why waste your time and mine? If they're
not willing to give $5 per passenger or more, then we're going to tell you,
"Thank you, good-bye, adios, amen, that's it, don't go spend no more money."
Mr. Luft: That's fine.
Commissioner Plummer: I mean, you heard from three of us who said $5 per
passenger or more.
Mr. Luft: They haven't said anything.
Vice Mayor De Yurre: J. L.
Commissioner Plummer: If they don't offer that, let's stop it right now.
Mr. Luft: They haven't said a word.
Vice Mayor De Yurre: J.L., you may understand that we have no idea whether
five is a good number or not.
Commissioner Plummer: I said no less than.
Commissioner Alonso: If it's higher, we have no problem.
Vice Mayor De Yurre: I ]mow, you're talking about minimm. But what you have
to understand is what the total concept is going to be and then we can deal
with it.
Commissioner Plummer: You lawyers would starve to death if you had to go into
business.
Vice Mayor De Yurre: The bottom line is, we want to get as much money, as
much control, as much everything as possible.
Mayor Suarez: But it is important, Jack, that you give them a clear signal
that we are thinking - just intuitively - that it can never be less than $5.
The reason I say that is, the first thing they're going to tell you is, "No,
the market won't bear that. We will not be able to compete with Port
Everglades, and Puerto Rico, and other far away lands," OK? The fact of the
matter is, they all want to be in Miami, and they all want to be on this side
of the bay. They want to be on terra firma. And it's not too firm. But, you
know, if we tell them $5, the first thing they're going to say is that's not
competitive, it will ruin the market. Then the second thing, by the way, or
at the same time, they're going to say it's illegal. And we're going to say,
"It is a use fee, it is not a tax. It is a use fee." We've got to get used
to that, folks.
Commissioner Plummer: No, sir, it's a donation.
Mayor Suarez: Plummer will call it a donation, and they'll ignore that, and
then proceed with the negotiations.
Commissioner Plummer: And I'll send them my blessings.
164 September 7, 1993
I
F
Mayor Suarez: And then they won't his vote.
CamUssioner Plummer: Well, let me tell you Jack, what else you tell them,
OK? Because of the rumors that I have, you tell them over there...
Vice Mayor De Yurre: J.L. , understand one thing, so we're clear. All he's
doing is the planning end of it. He has nothing to do with the economics of
it.
Commissioner Plummer: Well, you tell than.
Vice Mayor De Yurre: I'll tell them whatever you want.
Commissioner Plummer: That if I find that they are breaking construction for
a major office building on the port, all deals for this vote is off. If
they've got room to build a major office building - which they are
contemplating doing, OK? - as far as I'm concerned, they don't need my land.
Vice Mayor De Yurre: What do you consider major?
Conmissioner Plummer: I'm talking about a major, which would be - how many? -
six or eight hundred employees. Six to eight hundred employees. So I don't
know how many square feet that would be, but it was - we were told that it
would be instantly 600 employees, that they were dealing with us, and then
chose to maybe go somewhere else.
Mir. Odio: But if you're talking about what I think...
Commissioner Plummer: Don't mention no names.
Mr. Odio: No, but...
Commissioner Plummer: Don't mention no names. OK? So I'm just saying to you
that if they're going to build that over there...
Mr. Odio: It's 800 jobs.
Commissioner Plummer: Huh?
Mr. Odio: But it's 800 jobs, and they're going to hire locally.
Commissioner Plummer: I understand that.
Mr. Luft: Commissioner, our concern, along that line for years has been to
bring the port's presence into the mainland, for the sake of our hotels, our
Flagler Street shopping district, our entertainment areas. We're trying to
get them - we think that this is a step in the direction of bringing those
office buildings and that port -related development to Biscayne Boulevard,
where it belongs. That's why this project is so important. It makes that
bridge and brings that port presence into the downtown, so that that kind of
development then does make sense. As long as the port is across the bridge,
we're going to constantly face that pressure of separating and pulling it out.
165 September 7, 1993
Commissioner Dawkins: But, Mr. Luft, the port cannot stay across the bridge.
The port across the bridge can go no further. The U.S. Corps of Engineers
will not allow them to go out into the ocean any further and block navigation.
Mr. Luft: That's correct.
Commissioner Dawkins: They cannot fill anything else over there. The only
place that they can use is what we have. The Lord ain't going to make no more
land but right where you see it there, and I don't care - and I'm going to get
reelected, don't even talk about that. Up here, they can work with us, they
can develop it, they can use it, charge me a user's fee, and take the debt
service out of it, and once it's paid for, it belongs to the City of Miami. I
don't have a problem with that. $5 a head does not mean anything to me,
because they give me $5 a head, and ten years from today, they'll be making
$80 a head, so how can they miss - they won't miss $5.
Commissioner Plummer: So make it negotiable.
Commissioner Dawkins: So if they're interested in building a port facility
that the City of Miami owns, and that the City of Miami allows them to operate
until the debt service is paid, and they get a fee for operating it, which
could be the $5 a head, now - now we're getting back - then you got me. But
eventually, we have to find - and the Mayor and nobody up here is going to
disagree with me - we have to find a source of revenue for the City of Miami.
Commissioner Alonso: Definitely.
Commissioner Dawkins: Dade County is going to wipe the City of Miami out.
Now, you guys can sit around here and play if you want, OK?
Commissioner Plummer: Victor, has it been anticipated how many passengers
would pass through this facility on the City side?
Vice Mayor De Yurre: We're talking about what, 3,000,000?
Mr. Luft: Three million a year.
Commissioner Plummer: Three million. So that would be $15,000,000 for the
City. That's worth considering.
Mayor Suarez: Jack, following up and dovetailing Commissioner Dawkins'
remarks. I was discussing this with an important member of the County
Commission who has some jurisdiction over this, and he used to sit right in
this chair. And one of the things that I suggested to him was that there are
ways of being a landlord and there are ways of being a landlord. Let's say we
are, in fact, in a lease type arrangement, OK? People, you know, the lease
management folks might think of one kind of lease, and different people might
think of another kind of lease. What I think Mr. Lunetta is inclined to
assume, if we talk about a lease - and I don't say this disrespectfully - is a
lease where we sign something for the next 30 years, we receive some payments
in accordance with sane formula, and otherwise, do not bother us.
Commissioner Dawkins: Thank you.
166 September 7, 1993
Mayor Suarez: otherwise, do not came by; otherwise, you have no right of
access. And it's not a real landlord/tenant situation, the way we are
thinking of it. We're thinking of a situation where we have right of access;
where we have a measure of identification that the land is, in fact, a City of
Miami, you know, donation or - not donation, but grant of land - or ceding of
land, or leasing of land; and that in all respects, we act like one of those
landlords - the way they do, they walk right into your unit. Before you know
it, they're inspecting your closets. And I'm talking about a landlord/tenant
situation in a residential unit -- you }mow about those. We all know about
those - with all of those rights. And that helps a lot, because at least, the
City of Miami, symbolically, and effectively - it's not just symbolism. The
symbolism goes with the effectiveness of our oversight, and any vehicles that
can be implemented that show that that's the relationship; that we are the
landlord; that we have ultimate power; that we have as much oversight as we
can possibly have; understanding that we're not experts in operating ports. I
mean, there's some aspects of it that we'll have very little to do with, but
as much of that as possible. And, of course, then there's the revenue side.
Commissioner Dawkins: Those are my exact sentiments.
Vice Mayor De Yurre: Mr. Mayor, also, we need to look at this project
twofold. One is, what are we talking about, as far as adding, creating the
port and its components. The other thing is, what are we going to do with the
green space, which is the park? We may want to do certain things, that we
haven't even discussed what we would like to put in that park, as far as
making it downtown's park for the residents that are living there now and will
be living there in the future, children's swing sets, and this, and that. All
these components are things that we need to discuss at another time, which is
another phase of this whole situation.
Mayor Suarez: Well, in the case of Bicentennial, I'll give you my views
right off the top. I would leave all of the green spaces exactly as they are
now. There's a nice baseball field there. It's used by Miami -Dade Community
College. There are areas where people go shrimping. I would hope that that
still would be a possibility, that we wouldn't make it somehow impossible for
people to fish off the side and shrimp off the side. That's what the people
of Miami like to do, folks. If we end up making this thing into something
where - one of the people who I ran against one time, whose name I won't
mention, but I ran against rum three times - tried to make it illegal to fish
off of - back here, Bayshore Road back here where - right behind Brickell
there. And he tried to pass an ordinance to that effect, and thanks to the
Canmissioners that were then here, he never passed that. In fact, his
proposal, I think, was rejected by every other Commissioner. That's what I'm
thinking for Bicentennial. For the FEC, as much green space, just open as
possible, and maybe a soccer field or something. I mean, it would be nice to
have a soccer field.
Commissioner Plummer: There's a soccer field there now.
Mr. Luft: Something like the Boston Conimns. Kind of a front lawn for the
City.
Mayor Suarez: Yeah. A Boston Commons type...
167 September 7, 1993
Vice Mayor De Yurre: Also, mention what we haven't spoken about yet, Jack,
which is the proposed fire station.
Commissioner Plummer: There's a soccer field and a baseball field, and a
thousand homeless.
Unidentified Speaker: Before the meeting is over tonight...
Mayor Suarez: Whoa, whoa, whoa. Somebody from the City Clerk's Office
suggest to the gentleman how...
(INAUDIBLE CXaMM W)
Mayor Suarez: Wait, wait, sir.
(INAUDIBLE COi =)
Mayor Suarez: Yes, but this is not the way to do it. Please talk to one of
the staff, and we'll put you on the agenda, for sure.
Mr. Luft: OK. One...
(INAUDIBLE CME M)
Mayor Suarez: Sir, sir, sir, you need to go through the procedures.
Camu.ssioner Plummer: Who is he?
Mayor Suarez: We're having a Ccnvnission hearing here, not just sort of a
general gathering. All right.
Mr. Luft: One of the issues the Fire Chief has brought up to us is that
they're looking at improving the fire station that was on the 5th. It's,
frankly, not well suited.It's an old station. It would be better located
somewhere closer to the boulevard.
Commissioner Plummer: In the park?
Mr. Luft: Well, we've looked at a location behind the pump...
Commissioner Alonso: What was that?
CcRmi.ssioner Plummier: Put the fire station in the park.
Mr. Luft: Excuse me, Commissioner. The pump house will remain. This is the
sewage left station.
Cammissioner Plummer: It has to.
Mr. Luft: There's nothing we can do about it. In the context of the park,
behind that pump house, where you would not see it, and it would be well
located to provide services to the port, fire services to the facilities, this
would be one site.
168 September 7, 1993
i
Commissioner Plummer: Jack, you and I have great admiration for each other,
but let me tell you, in this particular case, you are so far ahead of where we
are that it's not real. There's got to be some hard, hard talking going on,
as far as I'm concerned. If not, we've wasted your time, we've wasted
Victor's time, and this Commission's time. Now, let's go talk about the
important things first; then we'll talk about the movie theaters, and all of
these beautiful accessory items. But if the revenue isn't there, let's cease
conversation, let's quit wasting your time, let's quit wasting staff's time,
wasting Victor's time. Let's get the hard answers up front, because if not,
then I'm ready to tell you, hey, Jack, go back to designing Dupont Plaza.
Vice Mayor De Yurre: J.L., that's the idea. Once we get this economic study
back, then we can see...
Commissioner Plummer: Yeah, but Victor, to sit here and talk about putting a
fire station in there, to put movie theaters in there and all of that...
Mr. Luft: Commissioner, those are the elements that are going to bring the
people that's going to make the money. OK?
Vice Mayor De Yurre: You got to understand, you're dealing with a planner.
He's a visionary.
Commissioner Plummer: You don't even know who's going to run it yet, Jack.
You don't know what the bonding facilities are. You don't know any of those
answers. I mean, this is pie in the sky.
Mr. Luft: The project has to begin with the concept of what you want to
achieve.
Co rdssioner. Plummer: No. The concept has to be that it's feasibly
financial, not to put a burden on the taxpayers of this City. That's first
and foremost.
Commissioner Dawkins: And then there is a return.
Mr. Luft: And that's why we're talking to the port.
Commissioner Plummer: OK.
Vice Mayor De Yurre: And that's how we're looking at it. Thank you very
much.
Commissioner Plummer: I hope they run about 5,000,000 passengers a year
through there, with an escalating...
Vice Mayor De Yurre: Hey, what's the next item, 22?
Commissioner Alonso: $5 each.
Commissioner Plummer: No, starting at $5 for the first year.
Commissioner Alonso: Yes.
169 September 7, 1993
Vice Mayor De Yurre: OK.
Commissioner Alonso: And then seven.
Commissioner Plummer: And then we'll go for the cost of living bonus.
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33. DECISION OF THE DINNER KEY BOATYARD & MARINA PROPERTY -- INSTRUCT CITY
MANAGER TO SEND BACK TO THE SELECTION COMMITTEE PROPOSAL SUBMITTED BY
LIGFi'I 40USE MARINA AND BOATYARD AT DINNER KEY, INC. FOR DEVELOPMENT OF
DINNER KEY BOATYARD AND MARINA PROPERTY AT 2640 S. BAYSHORE DRIVE, FOR
FURTHER S'iUDY / RECOM?ATION.
Vice Mayor De Yurre: OK. Item number 22, Dinner Key Boatyard and Marina
Property
Commissioner Dawkins: This is a part of the Jack Luft agenda.
Commissioner Plummer: Wait a minute. Dinner Key, is that behind us here?
That's not Dinner Key.
Mr. Cesar Odio (City Manager): That's the boatyard.
Commissioner Plummer: Oh, we're back to this.
Commissioner Alonso: We need a study.
Mr. Jack Luft: On June 29th, the Commission deferred a decision on the
Lighthouse Point proposal to the Dinner Key Boatyard RFP (Request for
Proposals), and had it rescheduled for the September meeting.
Commissioner Plummer: For the record, the only submittal, right?
Mr. Luft: The only one submittal to our RFP, and the Administration is back.
Our recommendation at that time, to refresh your memory, was to reject this
proposal. We had four major areas of difficulty with this particular
offering. The first involved financing; the second involved some of the
design of the slips; the third was lack of management expertise, and lack of
local representation for that management; and the fourth was a pro forma or
financial analysis presented by the proposers, that Arthur Anderson and
Company, our accountants found to be overly optimistic on revenues, very
underestimated in terms of expenses, and in their opinion, questionably
feasible as an operation. It was some of those concerns that caused the
Administration to recommend rejection of this proposal. The final decision is
before you today.
Commissioner Plummer: Well, what is it back before us for?
Mr. Luft: For either acceptance or rejection of the proposal made by
Lighthouse Point.
170 September 7, 1993
Commissioner Plummer: My recollection - and correct me if I'm wrong - is at
the last meeting that the Manager recommended rejection based on the financial
package.
Mr. Luft: That's what I just said.
Commissioner Plumper: Has that in any way changed?
Mr. Luft: No, sir. The proposal stands as it was originally submitted.
Mr. Odio: Just a minute.
Commissioner Plummer.: Well, excuse me, Jack. I pay the Manager an awful lot
more money than I pay you.
Mr. Odio: Just a minute.
Mr. Luft: Oh, I'm sorry. I thought you were addressing me.
Commissioner Plummer: So I had asked the Manager, who at the last meeting
recommended rejection predicated on the financial package, to give us his
recamiendation today.
Mr. Odio: The only thing that I know has changed is that they have, after the
fact, have cane up with a financial package that was not part of the original
package, and maybe you want to hear it.
Commissioner Dawkins: What is your recommendation?
Mr. Odio: For rejection.
Mr. Ricardo Nunez: Well, if I could, my name is Ricardo Nunez. I...
Commissioner Plummer: Excuse me. Excuse me. Whoa, whoa, whoa. Sir, let me
get finished, OK? Let me - because I'm trying to get my head on straight.
Mr. City Attorney, is it possible that once you surrender a bid, and it has
been analyzed, to after the fact of recommendation of rejection, change the
bidding, or change your bid to make it acceptable? Is that a proper
procedure, or is that proper - is that procedure acceptable?
A. Quinn Jones, III, Esq. (City Attorney): Technically, Commissioner, the
RFP - to answer your question, technically, it would not be acceptable.
Cannissioner Plummer: It would not?
Mr. Jones: It would not be.
Commissioner Plumper: So am I then to assume that normal procedures, under
that answer, would be that we go back out to another RFP, or that we reject
this and do something differently?
Mr. Jones: Those would be the alternatives. Either you accept the City
Manager's recommendation; you don't accept the City Manager's recommendation;
or you have the third alternative, would be to reject all proposals. I think
there was only one anyway.
171 September 7, 1993
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Commissioner Plummer: Well, excuse me, there's only one.
Mr. Jones: Only one anyway.
Commissioner Plummer: All of one.
Mr. Jones: Yeah. But if you choose to reject the City Manager's
recommendation, then what you would have to do is get a recommendation
directly from - it would have to go back to the review committee. There are
two separate processes within that section.
Mr. Nunez: If I could interject, Commissioner Plummer. My name is Ricardo
Nunez. I'm the attorney for Lighthouse Marina and Boatyard at Dinner Key,
Inc. I'm an attorney with offices at 2601 South Bayshore.
Commissioner Plummer: Are you paid for your presence?
Mr. Nunez: Am I what?
Commissioner Plummer: Are you being paid for your presence? oh, no, this is
not Zoning. I'm sorry. Excuse me.
Mr. Jones: Commissioner, let me just - if I might add just one further...
Mr. Nunez: OK. I just...
Commissioner Plummer: Zoning, you would have to be sworn in, sir. I'm sorry.
Mayor Suarez: Ile's certainly hoping that he's going to be paid.
Commissioner Dawkins: He's been paid by...
Commissioner Alonso: Well, I hope he is being paid.
Mr. Jones: Commissioner Plummer, if I might, let me just add one further
thing.
Mayor Suarez: That guy back there is not paying him, and you can tell that.
Yes, sir, I'm sorry, Mr. City Attorney.
Mr. Jones: One further thing in this regard. I think Mr. Nunez' argument
also is the fact that the changes that were made in terms of the financing or
whatever else were recommended by the City, i.e., the Selection Committee.
Certainly, an argument car, be made that on that basis, they relied and, you
know, followed or tried to accommodate the City's concerns. How strong an
argument it is, I don't know, but again, technically, you do have that
technical argument that I just raised.
Commissioner Plummer: All right. Now, let me address my other problem.
Before we were told by the Manager that the financial package at the time of
the previous hearing was not proper and in order - don't run off, Mr. City
Attorney. This is a legal question. I was not happy with the proposal and
didn't feel that the City was getting a fair return. Where there is only a
172 September 7, 1993
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t�
single bidder, are we at liberty to try and negotiate better terms in behalf
of the City, where there's no other bid out there?
Mr. Jones: Well, the only danger you have with that, again, even though they
were the only responding - I should say the only entities responding - if you
negotiate a better deal or whatever else, you may get "X" group that would
cane in and say, you know, "Well, had we known the City was going to give a
more favorable deal, then - on terms and conditions...
Commissioner Plummer: No, no, no. I'm talking about being a more favorable
deal for the City.
Mr. Jones: Well, I - yeah. Well, that's OK, yeah.
Mr. Nunez: Commissioner Plummer, if I could just add to this. I mean, I just
want to make sure we get all this clear. First of all, as far as the terms to
the City, that was something that was left intentionally out of the Request
for Proposals. As far as how much you're going to get paid on this lease, how
long the lease is going to be, et cetera, that is all going to be before you
once again. If our proposal goes before the voters of the City of Miami, and
if it is approved at that point, then we have to come back and negotiate with
the City Manager, the terms of the lease, and then it will be before all of
you again, to consider whether to accept the lease or not. So the terms of
the lease have not been set forth in the RFP. They will be negotiated with
the City Manager, and they will be before you.
Commissioner Plummer: Sir, I don't agree with that. Mr. City Attorney, are
you telling me that as a Commissioner, I do not have the right to set the
terms and conditions and parameters of what the Manager will negotiate?
Mr. Odio: Oh, yes.
Mr. Jones: Yes, you do.
Mr. Nunez: Oh, yes. Oh, yeah, that's correct.
Commissioner Plummer: Oh, OK, OK. All right.
Mr. Nunez: No, no, you get the final word.
Commissioner Plummer: No. What you said was, we approve it, we send it to
the Manager; he negotiates and comes back to us. I'm saying if we approve it,
we're going to set the parameters and the terms and conditions, then send it
to him to negotiate.
Mr. Jones: That's a given.
Mr. Nunez: Oh that's - absolutely, absolutely.
Commissioner Plummer: Ah, big difference, big difference.
Mr. Nunez: You'll have - in any event, you'll have the final word, that's
correct.
173 September 7, 1993
Commissioner Plummer: With him, you get away with murder. With me, you get
away with a big check.
Mr. Nunez: Ha -ha-ha. OK.
Mayor Suarez: Ricardo, is your - and I missed a little bit of this, maybe -
is your position in any way different from the gentleman back there that I
wrote to and is kind of a Carl Hiassen look -alike back there?
Mr. Nunez: No. That's Mr. Zidziunas. He is the President of the corporation
that the City Commission directed to manage the boatyard. Back in 1992, I
believe it was October, the City Commission resolved that they could not
manage this boatyard, the personnel was not there, and they selected Mr. ...
Mayor Suarez: Sort of a temporary thing, which now, he's suggesting is
working reasonably well, and I'm...
Mr. Nunez: Yeah. Exactly. I mean, Mr. Sejunas is 100 percent behind our
proposal, and that's why he is here today.
Mayor Suarez: OK. That's what I thought. All right.
Mr. Jones: One thing to keep in mind, Commissioner Plummer and the rest of
the Commission. As you probably well know, you as a body cannot accept a
recommendation - I mean, you can't make a decision on your own. You either
have to accept or reject the City Manager's recommendation, and if you decide
to - what you'd have to do if you don't do either of those, is send it back to
the Review Committee for them to make a recommendation to you.
Mr. Nunez: Quinn, if I could clarify one point. The City Charter allows you
to act upon the City Manager's recommendation or the Selection Review
Committee's recommendation, and the Selection Review Committee has recammended
in favor. This is your Selection Review Committee has recommended in favor of
our proposal.
Commissioner Plummer: But we have the right to accept or reject.
Mr. Jones: City Manager.
Mr. Nunez: Oh, oh, absolutely. But I was just trying to clarify. It's not
only on the Manager's recommendation. You can also consider...
Mr. Odio: I wouldn't based on the CPA report that they did not have adequate
financing.
Mr. Nunez: Now, on the issue of the financing, we have since addressed that.
And getting back to my discussions with Quinn's staff, and recently with
Quinn. The City Commission has discretion at this point to consider the
financing package that has been presented since that time.
Commissioner Plummer: Have we seen it?
Mr. Jones: Uh-uh.
174 September 7, 1993
Mr. Nunez: They have several technical arguments to support that, among them
being - I mean at the very least, we are the sole bid. No one has standing to
challenge The City Commission's decision at this time. That's just one of the
arguments. And the REP, you also reserved the right to waive all
irregularities - any irregularity. So I mean, there are several arguments,
and I think, you know, that the City Cotmdssion does have discretion to do
that.
Mr. Jones: Well, that's not completely true. Again, as you correctly pointed
out, there are two separate provisions in there, and the Comnission does not
have the discretion in that regard, as you just indicated, because it would
have to go, by Code, back to the Review Committee, and they would have to make
a recommendation directly to the City Commission.
Mr. Nunez: Well, it was the Selection Review Committee that directed us to do
that which we have done since.
Mr. Jones: Manager.
Mr. Loft: They're not capable of directing you.
Mr. Nunez: Oh, no, they did.
Mayor Suarez: I'm sorry, I don't mean to be disattentive to your
presentation. I'm not going to change my vote from the last time, which is
that we should proceed to negotiate with you.
Mr. Nunez: I mean, all we're asking is that we be given the chance so that
the voters of the City of Miami can consider our proposal. This goes to
referendum. Your action here is not final. We'll be before you again; that
is, if we get beyond the voters. I mean, we'll first be before the voters.
If they don't approve us, it dies there. If they do approve us, then we're
back before you. One other thing I'd just like to point out, just one concern
Arthur Anderson had raised, and was explained by Mr. L,uft, was our management
experience, and they have since corrected themselves on that, Patricia Byrne,
the President of our group...
Mr. Odio: That is accurate. I received a letter saying that they had omitted
something, and that part is very accurate.
Mr. Nunez: OK. I just wanted to clarify that.
Mr. Odio: Yes.
Mr. Nunez: Tremendous experience. Over 15 years of boatyard management and
development experience. You don't find better than that.
Vice Mayor Ile Yurre: So what are we left with? The issue of the economic
situation? When you said originally that the CPA's (certified public
accountants) came in and recermnded that - or said that they weren't
comfortable with the package.
175
September 7, 1993
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Mr. Odio: They didn't recommend it. They did not have a financial package,
period.
Vice Mayor De Yurre: OK.
Commissioner Alonso: Do they now?
Vice Mayor De Yurre: Now, has one been presented? Has a package been
presented, financial package?
Mr. Odio: I cannot accept one now, Commissioner.
Vice Mayor De Yurre: Huh? Is there...
Mr. Odio: I can only accept what was presented at the time of the RFP.
They - I know, because they have tried to tell me - that I think they have a
financial package noxv.
Mr. Nunez: Yes.
Mr. Odio: But I have not been able to deal with that, because it's not
proper.
Mr. Jones: That's right.
Vice Mayor De Yurre: OK. Now, they didn't present anything at all as far as
the financing of this project?
Commissioner Plummer: That's what I heard.
Mr. Odio: At the time of the RFP was replied to the package they presented,
they did not show adequate financial to be able for us to recommend.
Mr. Nunez: Something was presented, though, if that's your question.
Commissioner Plummer: Where are we?
Vice Mayor De Yurre: Something was presented.
Commissioner Plummer: Hey, what are we doing?
Commissioner Alonso: Financing.
Mr. odio: They are asking me questions.
Commissioner issioner Alonso: They said they did not present it at the right time
before.
Commissioner Plummer: They didn't have it.
Vice Mayor De Yurre: Something was presented, and has that been changed or...
Mr. Nunez: No, that's still there. We have simply supplemented it.
176 September 7, 1993
i
Vice Mayor De Yurre: It's still there.
Camni.ssioner Plummer: They say now they got it?
Commissioner Alonso: The Manager says he cannot accept it.
Vice Mayor De Yurre: So is it - hir. Quinn Jones, hello - is it illegal -
since you say that you can't go changing what you presented in your bid - is
it illegal to explain what you presented...
Mr. Nunez: No.
Mr. Jones: Not in the...
Vice Mayor De Yurre: ... when you're sitting with the CPA's or the financial
experts?
Mr. Jones: It would be after the fact, because keep in mind that the
selection committee made a recommendation to the City Manager. Now, the two
options that you have, again, you'd either have to accept the City Manager's
recommendation, and if you did, that would mean you'd direct the City Manager
to negotiate terms, specific terms and conditions of the agreement.
Mr. Odio: No, no.
Vice Mayor De Yurre: Doesn't it go to...
Mr. Nunez: Quinn, could they accept...
Mr. Jones: No, I know that. I know. I'm giving them the options. I said
"if." I didn't say that you were. The other option you have is to reject the
City Manager's recommendation, which would mean you would have to send it back
to the review committee, who would be in a position to weigh the financial
data that I guess - that they've since come up with. Then they would, in
turn, make a specific recommendation to you, as you, the Commission. Or the
third alternative is to reject all - to reject this proposal, which was the
only one, and the process is finished.
Mr. Nunez: Quinn, could they not move the recommendation of the Selection
Review Camdttee?
Mr. Luft: No.
Mr. Nunez: I think the Charter allows that. Oh, yes.
Mr. Jones: I don't think so.
Vice Mayor De Yurre: My concern is, I want to make sure that whatever
financial package they have is something that is viable, something that we can
work with. Now, I don't see where it would be improper that whatever they
have provided, if there's a question as to the package itself, that they be
given an opportunity to explain it, in order to make a decision as to - as far
as the recommendation.
177 September 7, 1993
Mr. Jones: But the Manager has already made a determination, based on what
was made available in their response.
Vice Mayor De Yurre: Are you telling me then legally that we can't follow up?
If you present a sheet of paper with numbers and you have questions on those
numbers, that those - that they be given an opportunity to explain what those
numbers mean?
Mr. Jones: Well, again, what you do is you throw the whole process - to use
Commissioner Plummer's term this morning -- I mean, it compromises the
integrity of the process, because what was considered by the Manager was based
on what was submitted in their response. Again, you either - you're in a
Position where you either have to accept his recommendation or reject it,
which would again entail...
Vice Mayor De Yurre: OK. Then are you telling me that on its face...
Commissioner Plummer: There's something wrong with our process.
Mr. Jones: On it's face, yeah, on its...
Vice Mayor De Yurre: On its face, the financial package was not sufficient,
on its face?
Commissioner Alonso: You better believe it.
Commissioner Plummer: How the hell can we know what we need in a financial
package if we don't know what the return is going to be?
Vice Mayor De Yurre: Not that you saw numbers that checked out and saw that
it wasn't viable.
Mr. Jones: There were no numbers. Apparently, the financial package was
not - there was nothing for the selection committee to review.
Mr. Nunez: Commissioner Plummer, what...
Commissioner Plummer: Excuse me. How do you know what kind of a financial
package you need if you don't know what kind of numbers are going to be
produced and what the City's return is? I mean, if you negotiate out bigger
numbers in the financial package, the guarantee, the return to the City has
got to be bigger. So how do you know what the numbers are for the financial
package?
Mr. Luft: The financial package is based upon the improvements - the
investment they must make to improve the property, to run it as a boatyard.
Commissioner Plummer: Jack, you know, one thing about me, and as big as I am,
I've got a memory to boot. You know, if the City Administration had not
screwed up with the last boatyard, we would have never been out a dollar,
because I drove hard to collect the $410,000 up front, and somebody in the
Administration decided to take it out $37,000 monthly. And I guarantee you,
whether it's this winner here or some other winner, they're going to come up
with a big number up front in a financial package, because I'm not going to
178 September 7, 1993
leave the taxpayers out hanging like we did before, and lose a quarter of a
million of the taxpayers' money, which we did - no, excuse me - which I didn't
do.
Mr. Nunez: You know, another thing I'd like to point out, Commissioner
Plummer, and at the close of the last meeting, as part of your motion - and it
was seconded by Commissioner Dawkins and unanimously approved - City staff was
going to cane up to their own plan so that we could compare apples to apples
here. The idea was to see if - and that's borrowing a phrase - we were going
to see if their proposal was better than the subject proposal. I've tried to
meet with than, and I've spoken with them on several occasions. There's no
proposal before you, apart from the one we have before you. So there's no
ability at this point to compare their apples to our apples. That's something
you expressly stated.
Commissioner Plummer: Sir, I ask my question that I asked 15 minutes ago:
Where are we?
Mr. Nunez: We are requesting that you approve...
Commissioner Plummer: Oh, I understand where you are. I said, "Where are we,
'we,' the Commission?" And I don't understand what we're doing besides
stagnating. What are we doing? Do you want to move off dead center? I'll
move you off dead center.
Mr. Nunez: No, no. I'd like you - no, no. I'd like this proposal to be put
before the voters of the City of Miami by referendum.
Commissioner Plummer: Sir, I hear what you're saying, but I also heard the
man that I pay an awful lot of money state that his recommendation is for
rejection. OK? And I haven't heard anything to counteract that
recommendation.
Mr. Nunez: The Selection Review Committee's recamiendation, the leeway the
Commission has, that he has...
Vice Mayor De Yurre: Excuse me, excuse me a second.
Mr. Nunez: You have to consider certain documentation.
Vice Mayor De Yurre: Can we legally do this: Put this to the voters; they
came back, they say yea; then we can negotiate and then get into the financial
aspect of the deal?
Mr. Nunez: Absolutely.
Vice Mayor De Yurre: You're not...
Mr. Nunez: I'm sorry.
Commissioner Plummer: Victor, are you going to send something to the voters
that the City Manager has recommended against?
Vice Mayor De Yurre: I'm asking a question.
179 September 7, 1993
i
Mayor Suarez: I have no problems sending it. I mean, you know, he has to
look out for, you know, a particular perspective, and we have to look out for
a different perspective.
Commissioner Plummer: Excuse me. What are you going to send?
Mayor Suarez: They hopefully are in line together, most of the time.
Commissioner Plummer: There's been nothing negotiated, you don't know what
the return to the City is. I don't understand what - what are you going to
send to the voters?
Vice Mayor De Yurre: Can we do that now? Can we do that now legally?
They're saying no.
Commissioner Plummer: No! They're saying we can't do it.
Vice Mayor De Yurre: So then do we say, because we can t do it now, do we
just walk away from it, or do we go to the voters?
Commissioner Plummer: Hell of a way to run an airline.
Vice Mayor De Yurre: If they want to say yes, go ahead and proceed, which is
basically what they're going to say.
Commissioner Plummer: Based on what?
Mr. Jones: Well, before you - Mr. Vice Mayor, before you...
Mr. Nunez: Commissioner Plummer: You have more discretion.
Commissioner Alonso: Shouldn't we do a study of this area, looking that this
is such an important area of valuable land? Shouldn't we do a study of what's
best, altogether?
Commissioner Plummer: Madam Cammiissioner.
;z.
Commissioner Alonso: Yes.
Commissioner Plummer: This Commission is on record...
Commissioner Alonso: Yes.
Commissioner Plummer: ... of a policy to the people of Coconut Grove in
particular, there would always be a full service marina on that location.
Mr. Nunez: And that's what we're proposing.
Commissioner Plummer: "Full service marina" was the terminology.
Mr. Nunez: Yes.
Commissioner Alonso: So are you supportive to their project?
180 September 7, 1993
Commissioner Plummer: Ma'am, I am supportive of a full service marina, and
nothing else on that property. We have nothing else in this area that can
service one of the most influential things that we have in this area, and
that's the boating public.
Commissioner Alonso: Yes, but that doesn't prevent us fray► looking into the
area and seeing what's best.
Commissioner Plummer: Well, I have no problem with that.
Mr. Luft: Commissioner, if I may.
Commissioner Plummer: As long as it stays a full service marina.
Mr. Nunez: If I may, Commissioner Plummer. The only distinction here is I
think the Ccmnission has more leeway, more discretion than the Manager, and I
think that's the difference between what the Manager has looked at or chosen
to look at and what you all have before you.
Mayor Suarez: OTC.
Commissioner Plummer: The City Attorney is telling us that if we don't do
with the Manager, it's got to go back to the selection committee; that we, the
Commission, somewhat have our hands tied.
Commissioner Alonso: Is it acceptable for us to see the financial package?
Convaissioner Plummer: I haven't see anything.
Mr. Odio: It's not only the financial package. They brought in new investors
after the fact; investors that were not listed during the RFP process. I have
to follow what the law says.
Commissioner Alonso: So it hasn't changed your opinion.
Mayor Suarez: Are you saying that we cannot act to proceed to negotiate an
agreement with this group, that would then be put to the voters?
Mr. Nunez: You know...
Mayor Suarez: I'm just clarifying this, Ricardo.
Mr. Jones: No. What you have, under the Code scenario, at this point, you
can only accept the City Manager's - you can either accept the City Manager's
recommendation, or not accept it. If you don't accept the City Manager's
recommendation, by Code, it has to go back to the selection ccnimi.ttee, which
would then, you'd be - after it goes back to the selection committee, you'd
have one of three options, which would be to accept the recormmmendation of the
review committee; accept the previous recommendation of the City Manager; or
reject all. In this case, there's only one.
Mr. Nunez: Quinn, did you include the...
181 September 7, 1993
Commissioner Plummer: I got to tell you something. Our process is bad.
Commissioner Alonso: It is.
Commissioner Plummer: OK? We have a bad process. The people of this town
did not elect a selection committee to make the decisions.
Mayor Suarez: I'll move - to get us off the dime - I'll move to send it back
to the selection committee, if I understood the City Attorney's opinion, which
is the first time I hear anything to that effect, but I don't have time or
inclination to go through the Code. I will follow his advice and move to send
it back to the selection committee, with the strong recommendation that it
ultimately work its way back to us for approval and submission to the voters.
Vice Mayor De Yurre: OK. We have a motion. Is there a second?
Mr. Jones: All right, Mr. Vice Mayor...
Vice Mayor De Yurre: Second going once. Second going twice. It dies for
lack of a second.
Mr. Nunez: Could I clarify a point here, Quinn? I'm looking at Section 18-
52.9.
Commissioner Plummer: Are you speaking to Mr. Jones, our City Attorney?
Mr. Nunez: Yes.
Commissioner Plummer: I thought that was the case.
Mr. Nunez: OK. Mr. Jones, Section 18-52.9, which discusses unified
development projects.
Commissioner Plummer: Have you seen their proposal? Not the financing. Have
you seen their proposal? Any of them?
Mr. Nunez: I'm looking at Sub -Section - I believe it's "J," which discussed
the awarding of UDPs (Unified Development Projects). J-1, it states that the
Commission can accept any recommendation of the review committee, and that's
all we're asking. So there - what I'm saying is it circumvents the process
you were describing.
Mr. Jones: But again, that's only after receiving a direct recommmendation
from the selection committee.
Commissioner Plummer: City Manager.
Mr. Nunez: And we have received a recommendation from the Selection Review
Committee.
Mr. Jones: No, no. That recommendation that the selection committee gave was
to the City Manager. There are two separate provisions under here that you're
reading together, and they have to be read separately, because it envisions a
situation just as we have right now.
182 September 7, 1993
Mr. Nunez: Which was or is?
Mr. Jones: And of course, coupled with the earlier fact of the matter was
that the CPA never saw the financial report.
Mr. Nunez: Well, just again, for the record, the financing was there before
them, it's there after their. It's just more there afterwards, that's the only
difference.
Commissioner Plummer: Every 15 minutes, I'm going to ask this question:
Where are we? We're going around in circles.
Mr. Harry Ward: Mr. Plummer...
Commissioner Plummer: There's no decisions.
Mr. Ward: Mr. Plummer, my name is Harry Ward. I'm the Chairman of the Board
of the Lighthouse group.
Commissioner Plummer: My condolences.
Mr. Wand: We are in this situation 396 days after this proposal was put out.
Our group has met with every change that the City in its wisdom has tried to
put on us. We have spent over $100,000 on this project. We have, in fact, a
project in front of you that says that we are willing to invest $3.4 million.
We have said that we will put the money in escrow, assets in escrow, and
change them to capital the minute that we have a lease with the City. A
resolution was passed asking the City to negotiate with us. We have never
been able to get an appointment to negotiate with them, yet we are the ones
who are penalized for it. The citizens review committee (sic) passed four
conditions on their approval. It's interesting how these things were turned
around. one that was put to us recommended that we, in fact, increase our
minority ownership. We have, in fact, done that. We have 20 percent
Hispanic, 20 percent black, and 25 percent women. 'Three of those were
addressed to the City. One was to ask them to check the viability of our
numbers, which apparently they have done, because they claim they can do the
same project for $1,700,000. The second one had to do with to avoid - not
change the scope of the program. The first - they must have known the City
very well, because the first program that you've been given as an alternative
was to make it one massive park. And the third was so that the City would not
be embarrassed, the way they were last time, that before - not today - but
before a lease assigned, to make sure that the bidding group had the capital
and wherewithal to do it. We have accepted every one of those proposals, even
though they were not - they were put on the City, we have accepted and said
that we will comply with them. All we're asking you to do is to give us a
chance to take our proposal to the voters of the City of Miami. If you want
to know exact numbers, within 25 minutes, Mr. Plummer, I could sit down with
you and agree on the parameters of the lease. The City makes no secret on how
they negotiate their contracts. They have a magical, mystical form that they
would like to have of ten percent of income. I don't know if that's practical
or not practical, but it's certain, we know what they want, and if you use
that criteria and no other criteria, we'd be willing to go before the voters
of the City. And I see no reason. We're creating 70 jobs in this project. I
183 September 7, 1993
heard you talk all morning about how are we - we are interested in providing
jobs. Seventy of these jobs, and they're within walking distance,
unemployment areas within walking distance of this project. We have said that
we will have an outreach program to teach trades, and not one word have I
heard from the City about these things. I think it's time that we did add
that you, in fact, put integrity into your bidding process. There's reasons
why you don't have more than - why you have two bids out of 41. Anybody that
would go through the gauntlet that you've laid down for us to try to comply,
to spend $3.4 million to .improve this property is crazy. We're here, however.
We've already done it, and we just merely ask you to give the citizens of this
City a chance to exercise their right to accept or reject the kind of program
that they would like to have at that location. Thank you.
Commissioner Plummer: I have two questions.
Mr. Ward: Sir.
Commissioner Plummer:
return to the City?
Number one, what is your minimal annual guaranteed
Mr. Ward: It's not a question on a proposal. That is to be negotiated.
Commissioner Plummer: I didn't say it was on a proposal. I'm asking the
question, sir.
Mr. Ward: It's probably $150,000. I'm not going to negotiate it right here,
but I'd go along with that right now.
Commissioner Plummer: Well, OK.
Mr. Wand: If you need something to put into a...
Commissioner Plummer: Just so you know, the last proposal was four -ten.
Mr. Ward: I know what it was, sir.
Commissioner Plummer: All right. Second question.
Mr. Ward: And the last proposal had 800 dry stacks as opposed - I mean, as
opposed to the 80. And you pointed out yourself at the last...
Commissioner Plummer: I'm very crouch aware, sir.
Mr.. Ward: ... meeting that $9, $9 times 800, as opposed to $9 times eight
makes a substantial difference.
Commissioner Plummer: Second question. How many years are you proposing for
a lease?
Mr. Ward: As many as I can get, sir.
Commissioner Plummer: You're not answering my question, because maybe you'll
get one year.
184 September 7, 1993
Mr. Ward: You have a - the formula that the City has put down seems to
indicate that for $1.5 million, they'd give ten years. For 3.4, they ought to
give about 30 years.
Ccrtmissioner Plummer: And what are you asking, sir?
Mr. Ward: Sir.
Commissioner Plummer: What are you asking? Are you asking for...
Mr. Ward: I'm asking you to have us meet with the City...
Camdssioner Plummer: No, sir. What are you asking for in the amount of
years?
Mr. Ward: Thirty.
Commissioner Plummer: OK. I don't agree with you, but at least you're honest
and above board.
Mr. Ward: Well, let's negotiate it. That's what we're saying.
(APPLAUSE)
Mayor Suarez: I think some of the people in the audience, perhaps this middle
group here, were just waiting for an opportunity to clap about anything.
Commissioner Plummer: It's the only way they could stay awake.
Mayor Suarez: The rest are clearly supporters of - today is a day we need
same clapping up here, actually. All right, Commissioners. What's your
pleasure? I've tried mine, and gotten exactly to one vote. I think it's a
shame that we have a group that seems to be in a position to do something
worthwhile that has the support of the ccmmun .ty, and the boating community in
particular. I...
Vice Mayor De Yurre: Well, are you telling me that we don't have the option
to go ahead with it? Because that's what I've been hearing.
Mayor Suarez: Well, I don't buy that.
Mr. Jones: You can read the language...
Mayor Suarez: But I'm willing to go along with the City Attorney's
recommendation that the way to get back to a position where we can simply
approve this is to have the selection committee make that determination for
US. We're the only ones around here that can't make determinations. The
Manager can, the selection committee can, but we can't.
Cam issioner Plummer: Are we not arguing against ourselves? If we don't
accept the City Manager's recommendation, it's got to go back to the selection
cammittee.
Mr. Jones: That's correct.
185 September 7, 1993
Commissioner Plummer: So what are we arguing about? There is no argument.
Send it back to the selection committee. We don't accept his recommendation.
Mayor Suarez: So why didn't you second my motion?
Commissioner Alonso: But that's what he was saying.
Commissioner PItaimier: Send it back.
Mr. Ward: That's acceptable, that's acceptable.
Cammissioner Plummer: What else can we - the lawyer says you got no other
alternative.
Mayor Suarez: All right, I'll remake the motion.
Mr. Nunez: J.L., that's acceptable.
Vice Mayor De Yurre: OK, we have a motion to send it back, seconded by J.L.
Commissioner Alonso: Oh, I guess you're in strong support of it.
Cammissioner Plummer: Who made the motion?
Vice Mayor De Yurre: The Mayor.
Commissioner Plummer: Not a referendum to the selection committee.
Vice Mayor De Yurre: No, to send it back to the selection committee.
Commissioner Alonso: Yes.
Mayor Suarez: With a moderate...
Commissioner Alonso: Mild.
Mayor Suarez: ... in fact a neutral statement at all - all together, so we
don't get into any hassles.
Vice Mayor De Yurre: OK.
Mayor Suarez: It's the best I can do.
Vice Mayor De Yurre: We have a motion and a second. Call the roll.
Commissioner Plummer: Let me just put on the record, so you all know where
I'm coming from. 150,000 for eleven acres of the most prime property in Dade
County, you're not close.
Vice Mayor De Yurre: J.L., put 17 restaurants there, you can get a million
dollars. It all depends what you want to put there.
Commissioner Plummer: I'm not putting any restaurants there. I'm going to
put a boating place there.
186 September 7, 1993
Mayor Suarez: Yeah, but...
Vice Mayor De Yurre: It all depends what you put there. OK?
Mayor Suarez: Yeah. The people don't want to do that there. Some people
would rather have it be totally green and just open, and, you know, knock down
the buildings, and they won't bring anything, J.L.
Commissioner Plummer: Hey, look. They're going to put for me...
Mayor Suarez: It'll just mean cost of maintenance to us, but there's a lot of
merit in it.
Commissioner Plummer: Excuse me. They're going to put to me a decent figure,
and I want to tell you something. I will never, ever allow this Commission to
get in the position it was before. I voted against it, and whatever the
minimum annual guarantee, it is going to be paid one year in advance before
they get the key to the gate. OK?
Mr. Nunez: J.L., who could we negotiate with to discuss that particular issue
from your staff?
Commissioner Plummer: The selection committee, I assume.
Mr. Nunez: Who?
Vice Mayor De Yurre: OK.
Mr. Nunez: OK.
Vice Mayor De Yurre: That's it. Please call the roll.
Commissioner Dawkins: What's the motion?
Mr. Nunez: J.L.
Commissioner Plummer: Send it back. I mean - excuse me. You know, why even
make a motion when it's the only alternative we've got? But he wants to make
a motion, fine. I accept it.
THEREUPON ON MOTION DULY MADE BY MAYOR SUAREZ AND
SECONDED BY COP1,11ISSIONER PUM,4ER, THE CITY COMMISSION
PASSED AND ADOPTED THE HEREINABOVE MOTION.
[Note: After further consideration of the issue, the
Mayor directed the City Clerk to again call the roll
on the stated motion, which was passed and adopted as
follows:]
Commissioner Plummer: I have no alternative, I vote yes.
Commissioner Alonso: I vote
yes.
I have concerns that they might not
have
the financing available, and
that's
my concern. Otherwise, I will be
very
strongly behind the project,
but I
fear that you didn't present it then,
you
187 September 7, 1993
don't have it available today, and I fear you might not be ready. Send it
back, and then we will see if you have enough time as to get it together.
Mr. Herb Bailey (Assistant City Manager): I have a question.
Commissioner Dawkins: Mr. Mayor, I'd like to know, we're sending it back to
the selection committee. If the selection committee brings back the same
verdict that it brought back before to the Manager...
Commissioner Plummer: Then we throw them all out.
Commissioner Dawkins: ... to the Manager, and then the Manager brings us the
same recommendation that he gave us today, what do you do then?
Commissioner Plummer: Take option three.
Mr. Jones: It doesn't go to the Manager. It canes...
Commissioner Dawkins: What is option three?
Commissioner Plummer: option three is to reject all bids and start over from
scratch.
Mr. Jones: Mr. Dawkins, the recommendation of the committee comes directly
back to you. You have three options, which is to...
Commissioner Dawkins: Wait a minute. No, no, no. I'm not - why can't it
come back to the Manager?
Mr. Jones: Because the Code specifically says that it comes back - the
recommendation is directly to the City Commission.
Commissioner Dawkins: Well, why the other didn't come directly to the
Commission?
Mr. Jones: Because the Code, in that first instance, required that it go to
the City Manager.
Commissioner Plummer: Well, if that is the case, then I have to ask the same
question that this gentleman asked. Who is going to negotiate on behalf of
the City before it gets back to us?
Mr. Bailey: That's a question I want to ask you, Commissioner. When we send
this back to the selection committee, are we permitted to enter into
preliminary negotiations as to terms, so that when the selection committee
sends it back to you, you'll have some indication as to the terms that they're
requesting? Because it's not permitted in the first.
Commissioner Plummer: Well, you're not on the selection committee.
Mr. Bailey: How's that?
Commissioner Plummer: You're not on the selection committee.
188 September 7, 1993
Mr. Bailey: We manage the selection committee. We're not voting on the
selection committee, but we can - I'm asking now, can...
Commissioner Plummer: Well, after what you did in the last go around, I don't
want you or anybody else managing the selection committee.
Mr. Bailey: No, no, no.
Mr. Odio: The selection camnittee recommended this project.
Mr. Bailey: You have - the process is there. We didn't create the process.
Mr. Nunez: We'll negotiate with the City Manager.
Mr. Odio: The selection committee...
Commissioner Plummer: Cesar, to send it back to the selection committee, to
bring it back here without anybody to negotiate, what in the hell have we
accomplished?
Mr. Bailey: Well, we're asking, can we do that.
Mr. Odio: I think what you're asking the selection committee is to review
their proposal, and see if it's feasible, and then you decide.
Commissioner Plummer: They said it already once, yes. The reason of the
controversy was the financial package was not there and backed up with
numbers.
Mr. Nunez: And that's what we want to prove now.
Mr. Bailey: We're asking, can we solicit terms to be presented with the next
recommendation. That's all we're asking.
Commissioner Plummer: Hell of a way to run an airline.
Commissioner Dawkins: Mr. Mayor, I don't care what you do, because right now,
it doesn't make sense to me.
Mr. Bailey: Well, we just want to bring back a full package.
Commissioner Dawkins: The Manager already made a recammendation. I am in
favor of the Manager's recommendation.
Commissioner Plummer: Can we appoint a new selection committee?
Mr. Bailey: No.
Mr. Odio: Yes.
Mr. Nunez: Yes.
Commissioner Plummer: Well, let's give same thought to that.
189 Septwber 7, 1993
Mr. Bailey: To do what?
Commissioner Plummer: Let's throw this selection camii.ttee out, and let's get
a new one.
Mayor Suarez: You'd have to reject all the process up to now and start over
again. You can always do that, sure.
Commissioner Plummer: Oh, we'd have to go through the whole process? You
can't do it without just...
Mayor Suarez: Madam City Clerk, I'm technically not chairing, but we do have
a motion and a second, and unless there's any further discussion, we'll call
the roll.
Commissioner Dawkins: What is the motion?
Commissioner Plummer: Go back to the selection committee. I don't know what
the hell they're going to accomplish. We'll be back here in six months in the
same boat.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 93-543
A MOTION INSTRUCTING THE CITY MANAGER TO SEND BACK TO
THE SELECTION COMMITTEE A PROPOSAL SUBMITTED BY
LICai'I MSE MARINA AND BOATYARD AT DINNER KEY, INC. FOR
DEVELOPMENT OF DINNER KEY BOATYARD AND MARINE PROPERTY
AT 2640 SOUTH BAYSHORE DRIVE, IN ORDER THT THEY MAY
FURTHER STUDY SAID ISSUE AND COME BACK WITH A
RECONMENDATION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Pliumier, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
Commissioner Plummer: I love to waste people's time, including mine, so I'll
vote yes.
Mr. Nunez: Thank you.
Mr. Ward: Thank you very much.
190 September 7, 1993
-------------------------------------------------------------------------------
34. RATIFY CITY ATItORNEY'S ACTION IN SOLICITING PROPOSAL FRCM QUALIFIED LAW
FIRMS FOR PROVISION OF BOND COUNSEL SERVICES TO THE CITY CONCERNING
PROPOSED ISSUANCE OF $30,000,000 TAX ANTICIPATION NMES DURING OCTOBER,
1993.
Mayor Suarez: Item 23.
Commissioner Plummer: Who is recommended for the issuance of tax anticipation
notes?
A. Quinn Jones, III, Esq. (City Attorney): Commnissioner, when I did, this
originally...
Cammissioner Plummer: I don't know what the hell you're going to do. Send it
back. Send it back. For what, who knows?
(INAUDIBLE Cyr)
Commissioner Plummer: You heard what I said. In six months, you'll be back
with the same thing.
Mr. Jones: Commissioner, this item was originally scheduled today for
discussion purposes. What I did, I'd like to... having had a conversation
with the Finance Department, they asked me, and in keeping with your past
practices over the last few refundings and issuances, that we've done it
competitively, what I did is - and I'd like for you, if you would, to ratify -
which is basically a reso approving the City Attorney soliciting bids for this
particular issuance.
Commissioner Plummer: So moved.
Mr. Jones: Just to let you know that the responses, because given the time
that was involved in the long weekend, we felt that if we had waited today,
that we would have been pressed for time to get it approved.
Commissioner Dawkins: Mr. Jones.
Mr. Jones: Yes, sir.
Commissioner Plummer: You want to go out and solicit bids.
Mr. Jones: Yes.
Cotmi.ssioner Dawkins: What does the City - what does the State Charter or the
State legislature, or whomever is in charge of budget says about borrowing
money to balance a budget? What is the law?
Commissioner Plummer: Commissioner, I'll have to look at that. I'm not
quite...
191 September 7, 1993
Commissioner Plummer: Well, our Charter is sure explicit about it. To borrow
money, you're ending in a deficit, and you cannot end in a deficit. That's
pretty clear.
Commissioner Dawkins: OK. Well, but every year, we sell tax anticipated
notes to cover a shortage - to cover a shortage that will occur in December,
but we don't have the money now. But yet, every year, you sit up here and
tell me the budget is balanced, but you're borrowing money to balance the
budget.
Mayor Suarez: Isn't there some implication that we're somehow violating the
spirit of the Charter and State law that calls for a balanced budget?
Mr. Carlos Garcia: No, sir. The budget is balanced. This is only to gap the
cash flow that we have in October and November. In December, we'll get the
cash in to...
Mayor Suarez: OK. You're saying it's balanced because we can fairly expect
all of this to be paid back before the end of the fiscal year.
Mr. Garcia: Yes, sir, that is right.
Mayor Suarez: And the requirement that it be balanced is such that it applies
to a full fiscal year; not any one manent in that fiscal year, or any one
month.
Mr. Garcia: That's right. That is right.
Mayor Suarez: I tell you, a lot of courts might well interpret it
differently, Carlos. That's - you know, if challenged, I could see a
possibility of a court saying, no...
Mr. Garcia: No, sir, it wouldn't be challenged.
Mayor Suarez: ... a balanced budget means that at all points, you shall be
liquid, you shall never go into the red, and...
Commissioner Alonso: And you don't have to borrow.
Mayor Suarez: ...and you cannot borrow, because there's another provision in
the Charter that says that to borrow, to engage or to incur an indebtedness,
we have to go to the public for approval, and it constitutes general
obligation of the City of Miami. So the combination of those two - I don't
know. I've played City Attorney enough today and I'm not getting paid what
he's getting paid, so. But I hear my colleague, Commissioner Dawkins.
Commissioner Alonso: Be careful with him now.
Mayor Suarez: I thought you were going to say, "That's what your opinions are
worth." All righty. Now that we've discussed the philosophy of tax
anticipation notes, does anybody want to make a motion on the item?
Commissioner Plummer: I made a motion already!
192 September 7, 1993
Mayor Suarez: Thank you.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Call the roll, then, if there's no further
discussion.
Commissioner Plummer: I mean, that was 15 minutes ago, before you all started
thrashing it all around.
Mayor Suarez: All right. We did a very quick one -minute recap for
Commissioner Dawkins' concerns, put them all on the record.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-544
A RESOLUTION RATIFYING THE ACTION OF THE CITY ATTORNEY
IN SOLICITING FOR PROPOSALS FROM QUALIFIED LAW FIRMS
FOR THE PROVISION OF BOND COUNSEL SERVICES CONCERNING
THE PROPOSED ISSUANCE OF $30 MILLION IN TAX
ANTICIPATION NOTES DURING THE NDrMi OF OCTOBER 1993.
(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: Cc='Lissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice Mayor Victor De yurre
Mayor Suarez: And we also established while you were away that Mr. Jones
makes more money than I do as an attorney, so if you believe that, I'll sell
you Commissioner Alonso's building. Where did that building go? There it is.
193 September 7, 1993
------------------------------------------------------------------------------
35. GRANT FUNDING REQUEST FROM DADE C=NTY SICKLE CELL FOUNDATION, INC. FOR
CITY SERVICES, FEES AND USE OF STREETS IN CONNECTION WITH ITS ANNUAL
WALK.
Commissioner Plummer: All right. Sickle cell anemia. Before Dawkins gets
back, is that to be approved, Mr. Manager?
Mr. Cesar Odio (City Manager): Yes.
Commissioner Plummer: I move it.
Mayor Suarez: OK. So moved.
Commissioner Alonso: I did second.
Mayor Suarez: Seconded. Call the roll on item 25.
Commissioner Plummer: Don't tell him while he's gone.
Mayor Suarez: Twenty-four. I'm sorry, I misstated that, Madam Clerk. It was
24. I misstated that, all right?
Commissioner Plummer: What?
Mayor Suarez: Yes. It's item 24. Moved and seconded. Please call the roll.
Mr. Odio: Twenty-four, yes.
Conrmi.ssioner Plummer: Yeah, call the roll.
Mayor Suarez: I said "25." I made a mistake. Please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-545
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $4,565
FROM SPECIAL PROGRAMS AND ACCOUNTS IN SUPPORT OF THE
WALK FOR SICKLE CELL ANEMIA TO BE CONDUCTED BY THE
DADE COUNTY SICKLE CELL FOUNDATION TO BE HELD IN THE
COCONUT GROVE DISTRICT AREA ON Sm+PTEMBER 25, 1993;
CONDITIONING SAID ALLOCATION UPON COMPLIANCE WITH ANY
CONDITIONS AND LIMITATIONS AS MAY BE 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.)
194 September 7, 1993
Upon being seconded by Coami.ssioner 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
------------------------------------------------------------------------------
36. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE COMPETITIVE SEALED BIDS
REQUIRIIMENI' AND APPROVE ACQUISITION OF FOUR DEFIBRILLATOR / MONIMR /
PACERS WITH 12 LEAD ECG CAPABILITY FROM MARQUETTE ELECTRONICS,
INCORPORATED, FOR DEPARTMENT OF FIRE.
------------------------------------------------------------------------------
Mayor Suarez: Item 25. We're only two hours and four minutes behind, but
we're catching up.
Commissioner Plummer: Where's the money caning from?
Mr. Cesar Odio (City Manager): Fran the Dade County State of Florida EMS
Grant awards.
Commissioner Plummer: I move 25.
Mayor Suarez: So moved. Seconded by Cam-Lissioner Alonso, who gently put the
piece of paper down. That always means she's seconding. Call the roll.
Commissioner Plu mer: Oh, OK.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
195 September 7, 1993
RESOLUTION NO. 93-546
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COPM4ISSION 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 FOUR (4) DEFIBRILLATOR/MONIMR/PACERS WITH 12 LEAD
ECG CAPABILITY FROM MARQUEPIE ELECTRONICS,
INCORPORATED AT A PROPOSED COST OF $43,740.80 FOR THE
DEPAR7'V11ENT OF FIRE RESCUE AND INSPECTION SERVICES;
ALLOCATING FUNDS THEREFOR FROM THE DADE COUNTY/STATE
OF FLORIDA EMS GRANT AWARD PRfa7ECT NO. 104008, ACCOUNT
CODE NO. 280524-840; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROLi 4ENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPM1M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Cleric.)
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
------------------------------------------------------------------------------
37. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE COMPETITIVE SEALED BIDS
REQUIREMENT AND APPROVE ACQUISITION OF A LIFE SIGHT 94M CAMERA FROM
FIRE RESEARCH CORP.
------------------------------------------------------------------------
Mayor Suarez: Item 26.
Cammissioner Alonso: Yes, move it.
Mayor Suarez: Moved by Commissioner Alonso. Seconded.
Mr. Cesar Odio (City Manager): I think you need four -fifths - oh, yeah, OK.
Commissioner Plummer: Well, let me make sure now. Chief, on the record,
you're indicating this is a sole source.
Chief Carlos Gimenes: Yes.
Commissioner Alonso: That's the only way...
196 September 7, 1993
Commissioner Plummer: Well, it's not stated here that it's a sole source.
Ccmdssioner Alonso: He needs sane backup, I think, yes.
Commissioner Plummer: It is asking for waiving competitive sealed bids.
Ccmmissioner Alonso: But it says...
Mr. Odio: It says in the title, it says, "Ratifying City Manager's action of
sole source."
Ccm-nissioner Plummer: OK. All right, sir.
Mayor Suarez: All right. So moved. And we took care of the sickle cell...
Commissioner Plummer: The money's caning from the same place.
Mr. Odio: Department of Fire Rescue, '92/'93 budget.
Mayor Suarez: OK. Moved and seconded. Any discussion? If not, please call
the roll.
Ms. Matty Hirai (City Clerk): Who seconded, Mr. Mayor? I'm sorry.
Mayor Suarez: Comdssioner Plummer.
Commissioner Plummer: Yeah.
Mayor Suarez: He was pounding his pen down. That, to me, looks like a
second.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-547
A RESOLUTION, BY A 4/5TRS AFFIRMATIVE VOTE OF THE
14EMBERS OF THE CITY COMMISSION AITER. 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 A LIFE SIGHT SMOKE CAMERA FROM FIRE RESEARCH CORP.,
THE SOLE SOURCE PROVIDER FOR THIS EQUIPMENT, AT A
TOTAL PROPOSED COST OF $17,995-00 FOR THE DEPARTMENT
OF FIRE, RESCUE AND INSPECTION SERVICES; ALLOCATING
FUNDS THEREFOR FROM THE FY 1992-93 FIRE --RESCUE BUDGET,
ACCOUNT NO. 208601-840; AUTHORIZING THE CITY MANAGER
M INSTRUCT THE CHIEF PaJCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the office of the City Clerk.)
197 September 7, 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.
------------------------------------------------------------------------------
38. AUIHORIZE INCREASE IN CONTRACT AMOUNT WITH LEWIS GREEN CONSTRUCTION,
INC. FOR: (1) SCATTERED SITE-HOLjSING-COCONUT GROVE PHASE I (THIRD
BIDDING) B-3241-A; (2) SCATTERED SITE HOUSING -MODEL CITY PHASE IV B-
3242-A; AND (3) SCATTERED SITE HOUSING HOME OWNERSHIP DEVELOPMENT
PROGRAM-WYNWOOD, PHASE II, B-3245 (CIP 321034).
Mayor Suarez: Item 29, is that the next one?
Mr. Cesar Odio (City Manager): Yes.
Mayor Suarez: TWenty-nine.
Commissioner Plummer: Who is the Lewis Green Company? Are they local?
Mr. Wally Lee (Assistant City Manager): Yes, Commissioner.
Commissioner Plummer: City of Miami local?
Mr. Wally Lee: I believe so, sir.
Cammissioner Plummer: No, don't believe it.
Mr. Odio: Yes.
Mr. Lee: Yes.
Commissioner Plummer: Assuming that you are correct, they are City of Miami
orientated, I'll move item 29.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
198 September 7, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-548
A RESOLUTION AUTHORIZING AN INCREASE IN AN AMOUNT NOT
TO EXCEED $5,300.00, IN THE CONTRACT BEIWEEN THE CITY
OF MIAMI, FLORIDA, AND LEWIS GREEN CONSTRUCTION, INC.,
DATED OCTOBER 16, 1991, FROM $89,700.00 TO $95,000.00
FOR THE SCATTERED SITE HOUSING -COCONUT GROVE PHASE I
(THIRD BIDDING) B-3241-A, CAPITAL IMPROVEMENT PROTECT
NO. 321034; AUTHORIZING AN INCREASE, IN AN AMOUNT NOT
TO EXCEED $540.00, IN THE CONTRACT BETWEEN THE CITY OF
MIAMI, FLORIDA, AND LEWIS GREEN CONSTRUCTION, INC.,
DATED OCTOBER 23, 1991, FROM $94,460.00 TO $95,000.00
FOR THE SCATTERED SITE HOLTSING-MODEL CITY PHASE TV, B-
3242-A, CAPITAL IMPROVEMENT PROJECT NO. 321034;
AUTMRIZING AN INCREASE, IN AN AMOUNT NOT TO EXCEED
$3,000.00, IN THE CONTRACT BETWEEN THE CITY OF MIAMI,
FLORIDA, AM LEWIS GREEN CON&IR K-TION, INC . , DATED
FEBRUARY 12, 1992, FROM $92,000.00 TO $95,000.00, FOR
THE SCATTERED SITE HOUSING HOME OWNERSHIP DEVEIAPMENT
PROGRAM-WYNWOOD, PHASE II, B-3245, CAPITAL IMPROVEMENT
PROJECT NO. 321034; AUTHORIZING SAID FUNDS TO BE
PROVIDED FROM CAPITAL IMPROVEMENT ORDINANCE NO. 10938
FUNDS ALREADY APPROPRIATED TO SAID PROJECT; FURTHER
RATIFYING THE CITY MANAGER'S WRITTEN FINDING, BY AN
AFFIRMATIVE VOTE OF 4/5THS OF THE MEMBERS OF THE CITY
COMMISSION, THAT THE HEREIN INCREASES RESULTED FROM
EMERGENCY CIRCUMSTANCES.
(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
Canmi.ssioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
199. September 7, 1993
y
. ------------------------------------------------------------------------------
39. AUIMRIZE INCREASE IN CONTRACT AM(Ji= WITH APEX CONSTRUCTION, INC. FOR:
(1) SCATTERED SITE HCXJSING HUCURERSHIP DEVELOPMENT PROGRAM -MODEL CITY
PHASE II, B-3240-BI; AND (2) SCATTERED SITE HOUSING -MODEL CITY PHASE IV
(THIRD BIDDING) B-3242-B.
-------------------------------------------------------------------------------
Mayor Suarez: Item 30.
Co mdssioner Dawkins:
Move it.
Mayor Suarez: Moved.
Camdssioner Alonso:
Second.
Camu.ssioner Plummer:
Who goofed on this?
Mayor Suarez: Seconded.
Camissioner Plummer:
No, wait a minute. Who goofed?
Camdssioner Dawkins:
The contractor.
Camu.ssioner Plummer:
Well, why are we paying for his mistakes if he goofed?
Camdssioner Dawkins:
Because we had to get the people into housing. We
promised we'd have them in the house by Christmas.
Commissioner issioner Alonso:
Yes, the problem is...
Commissioner Plummer:
And we're going to have to pay that penalty, huh?
Camdssioner Dawkins:
Mm-hmm.
Commissioner Plummer:
OK.
Mayor Suarez: OK.
So moved and seconded. Any discussion? If not, please
call the roll.
200 September 7, 1993
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-549
A RESOLUTION AUTHORIZING AN INCREASE, IN AN AN10iW NOT
TO EXCEED $14,625.00, IN THE CONTRACT BETWEEN THE CITY
OF MIAMI, FLORIDA, AND APEX CONSTRUCTION, INC., DATED
APRIL 13, 1992, FROM $134,500.00 TO $149,125.00 FOR
THE SCATTERED SITE HOUSING HOME OWNERSHIP DEVELOPMENT
PROGRAM -MODEL CITY, PHASE II, B-3240-B1, CAPITAL
IMPROVEMENT PROJECT NO. 321034; AUTHORIZING AN
INCREASE, IN AN X4OUNT NOT TO EXCEED $14,625.00, IN
THE CONr ACT BOB EEN THE CITY OF MIAMI, FLORIDA, AND
APEX CONSTRUCTION, INC., DATED AUGUST 23, 1991, FROM
$131,250.00 TO $145,875.00, FOR SCATTERED SITE
HOUSING -MODEL CITY, PHASE IV (THIRD BIDDING) B-3242-B,
CAPITAL IMPROVEMENT PRCa= NO. 321034; AUTHORIZING
SAID FUNDS TO BE PROVIDED FROM CAPITAL IMPROVEMENTS
ORDINANCE NO. 10938 FUNDS ALREADY APPROPRIATED TO THE
PROJECTS; FURTHER RATIFYING THE CITY MANAGER'S WRITTEN
FINDING, BY AN AFFIRMATIVE VOTE OF 415THS OF THE
MEMBERS OF THE CITY COMMISSION, THAT THE HEREIN
INCREASES RESULTED FROM EMERGENCY CIRCUMSTANCES.
(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.
201 September 7, 1993
040)
------------------------ `---------.-.-----------------------------------.----- ----.
40.(A) DISCUSSION CONCERNING PROPOSED RESOLUTION TO INCREASE CONTRACT
NUUNT WITH ROBINSON CONSTRUCTION, INC. FOR SCATTERED SITE HOUSING
HOMEOWNERSHIP DEVELOPMENT PROGRAM -MODEL CITY PHASE III, B-3240-C.
NO ACTION.
(B) MAYOR SUAREZ CCmpLIMENTS JEFFREY HEPBURN, HOUSING CONSERVATION
AGENCY, ON THE SCATTERED SITE HOUSING HOME OWNERS DEVELORv U
PROGRAM.
------------------------------------------------------------- ------------------
Mayor Suarez: Item 31.
Commissioner Dawkins: We're helping somebody else.
Ccmmissioner Alonso: I think it's a similar situation.
Commissioner Dawkins: A similar case.
Mr. Wally Lee (Assistant City Manager): Same situation, Commissioner.
Mayor Suarez: OK.
Cammissioner Plummer: Yeah, but we're going here from 30...
Camii.ssioner Alonso: Fran 14 to 34.
Cammissioner Plumper: Whew!
Mr. Lee: That's correct.
Ccmissioner Plummer: Now, you're telling me this is a sole goof to get the
people in the house early?
Ccmmissioner Dawkins: No, not on this one.
Mr. Cesar Odio (City Manager): We had to clean that mess there.
Ccmmi.ssioner Dawkins: Now, I feel on the other one, J.L. Not on this one.
Commissioner Plummer: Yeah, but I'm talking about $34,000. That seems like
to me it is completely out of line.
Commissioner Alonso: Could you give us an explanation, why the increase,
especially when it's so much, for an 85,000 contract?
Ccrm issioner Plummer: No, they're - oh, yeah, OK.
Commissioner Alonso: Yes.
Mr. Lee: At one time, Commissioner, we were weighing whether to throw the
contractor off the job and get another one. And we added up all the figures,
and it was less expensive.
202 September 7, 1993
Commissioner Plummer: Have you taken the original one to court yet?
Mr. Lee: No, sir.
Commissioner Plummer: Why not?
Mr. Lee: Well, no, we kept the same one. We found tha it was more
economically feasible for...
Commissioner Alonso: It's the same contractor.
Commissioner Plummer: Yeah, but if you're giving in to him to keep him and
you're going to pay him $34,000, that's my money.
Commissioner Alonso: That's a lot of money from the original contract.
Commissioner Plummer: Is it our fault or their fault? If it's the
contractor's fault, he's going to pay it. If not, take him to court.
Mr. Lee: It's a combination.
Mr. Odio: Let me put - they had unforeseen security problems. They had - the
locations require sidewalk, and curb and gutter...
Commissioner Plummer: They knew that to begin with.
Mr. Odio: It was not anticipated by the contractor at the time of bid. The
window specs were revised to satisfy the new Building Code, after Andrew. The
site clearing and haul off of illegal dump, debris, were required in some of
the locations. The building material costs escalated substantially after
Andrew. And electric service to the houses...
Commissioner Plummer: Mr. Manager, that's all well and good, but you're
talking about an increase almost of 40 percent.
Mr. Odio: But I'm telling you, when I rule an emergency here, it was because
it really was an exceptional case. We will not tolerate this again. But we
had to move these people in.
Commissioner Plummer: Well, it's not my vote. I'm not going to tolerate it
now.
Mr. Odio: OK, fine.
Commissioner Plummer: So anybody else wants to do it, let them do it.
Mr. Odio: Fine.
Commissioner Plummer: But I won't vote for it.
Commissioner Dawkins: Well, it's already been spent, Mr. Plummer.
Commissioner Plummer: Excuse me?
203 September 7, 1993
Commissioner Dawkins: It's already been spent, I mean, because the people are
in the houses and they already paid...
Commissioner Plummer: Let the contractor make it good.
Commissioner Dawkins: No, the contractor didn't...
Commissioner Plummer: Hey, he's going to get his profit one way or another,
but I'm not going to give him 34,000 more of City money.
Commissioner Dawkins: But there was no money left at all when the project was
finished, J.L., not a penny.
Commissioner Plummer: Well, then, I think the people have a right to sue the
contractor. Hey, you all do what you want. I'm not going to give away 34,000
of the taxpayers' money. And if there's no other...
Commissioner Dawkins: OK, all right. But the people are in the house. The
contractor has walked away, and the City of Miami - some kind of - some way,
this $34,000 has to be paid by the City.
Commissioner Plummer: Well, let the people who have not had a clear title sue
the contractor.
Commissioner Alonso: What was the project? What was it? A duplex - what is
it?
Mr. Odio: Scattered sites. This was in Model City.
Commissioner Plummer: Well, where's our Housing Department, who allowed this
to go on? I mean, were you asleep when this was taking place?
Commissioner Alonso: What kind of building?
Mr. Jeff Hepburn: Commissioner Plummer, we recaptured our money when we sold
these units.
Mr. Odio: That's right.
Mr. Hepburn: We sold them for $60,000. With these increased cost, we're
talking 59. We got our money back.
Commissioner Plummer: So what then - that's...
Commissioner Alonso: Why are you asking us for $34,000?
Commissioner Plummer: Then why are you asking us to spend 34?
Mr. Hepburn: The original contract was - after Hurricane Andrew, it went up.
Commissioner Plummer: Oh, no, no, no.
Mr. Hepburn: We would have made a small profit, had that not occurred.
204 September 7, 1993
Commissioner Plummer: No, no. The original contract was 85,000.
Mr. Odio: Instead of making a profit, we're caning out even.
Mr. Hepburn: Exactly.
Commissioner Plummer: Not for my vote. You all do what you want.
Commissioner Alonso: No, no. We'll just start all over again. First of
all...
Mr. Hepburn: We sold these homes for $60,000 each.
Commissioner Alonso: First of all, tell me, what kind of a project it is.
Mr. Hepburn: This particular one involved the construction of two houses on
vacant lots in the Model City neighborhood.
Commissioner Alonso: Two houses.
Mr. Hepburn: That's correct.
Commissioner Alonso: And he thought he could build two houses for 85.
Mr. Hepburn: That's correct. In this...
Commissioner Alonso: That's only the construction, without the land? Or...
Mr. Hepburn: 'that's correct.
Commissioner Alonso: Without the land.
Mr. Hepburn: That's correct.
Cammissioner Alonso: How large are the houses?
Mr. Hepburn: The homes are roughly 1300 square feet.
Commissioner Alonso: Thirteen hundred.
Mr. Hepburn: Three bedroom, two bath.
Commissioner Plummmer: How much money did he lose?
Mr. Lee: I don't know.
Commissioner Plummer: I'll be you he didn't lose a damn dime.
Mr. Odio: We don't lose a penny either.
Mayor Suarez: Is either one of these the one involving...
Commissioner Plummer: I ain't going to lose a penny, because I'm not going to
authorize this.
205 September 7, 1993
Commissioner Alonso: Why we are not losing a penny? I don't really
understand this.
Mr. Odio: Because instead of making money, we came out even.
Commissioner Alonso: How cane we're making money, when we're giving $34, 000
additional funding?
Mr. Odio: We're not making money now. I'm saying we cane out even.
Commissioner Alonso: Even.
Mr. Hepburn: Initially...
Commissioner Alonso: Why? Explain to me how I make...
Commissioner Dawkins: You know, let me...
Commissioner Alonso: I have a contract for $85,000. Then I give an
additional $34,000, and now you tell me I break even.
Commissioner Dawkins: Let me clear this up. Let me clear this up, Mr.
Manager.
Commissioner Alonso: How?
Commissioner Dawkins: Mr. Manager, let me clear this up.
Commissioner Alonso: Yes, Commissioner. If you know something I don't, tell
me.
Commissioner Plummer: What is it Miller calls it? Voodoo economics.
Commissioner Dawkins: We sit...
Commissioner Alonso: I'd like to know, because this is important. I mean,
85, then I give 34,000 more, and still, I break even. I'd like to know. This
is a good system.
Commissioner Dawkins: We sit up here and we say, give the contracts to
minorities so that minorities can do the work.
Commissioner Alonso: Yes.
Commissioner Dawkins: We force the Administration to go out and find minority
contractors to do the work.
Commissioner Alonso: Yes.
Commissioner Dawkins: The minority contractor gets in the middle of the job,
and for some reason, his money runs out, his skills run out or something, and
the Administration, in order to produce the houses that we promised the
people - who had gone to the TV cameras and everybody and said that we were
206 September 7, 1993
holding them up - one of these houses, the .lady had gone to the bank and
requalified five times on her mortgage because the contractor did not finish
the job. I sat down with the Manager and Mr. Wally Lee, and suggested that
they pull the contractor off the job and get somebody on there who could do
the job. They assured me that it would be more costly to pull the people off
the job and put somebody else on. Now, this was during the Christmas
holidays. People were ready to move in their homes. The Administration took
it upon themselves to take whatever course was necessary to ensure that when
Christmas morning came, these people who had been waiting for houses as much
as ten months - these houses were due these people ten months ago - so the
Administration took it upon themselves to finish the jobs, and that's how we
got stuck with the $17,000 per house. We're stuck with that.
Commissioner Alonso: When you follow the process of the construction...
Commissioner Plummer: Why can't you get a new contractor?
Commissioner Alonso: . the same way that banks check over builders and
private people, you follow the construction. And if you did that, there was
no reason why we got ourselves into this mess. We don't follow the
construction?
Commissioner issioner Plummer: Who supervises?
Commissioner Alonso: Who supervises the construction?
Commissioner Plummer: Obviously, nobody.
Commissioner Alonso: Not only the job that's being done, but everything
that's being paid for. You know, some sort of guarantee that the taxpayers'
money is protected.
Mr. Odio: Normally, you have performance bonds. If we're going to do social
economics here, and we want minority contractors...
Commissioner Alonso: No. Forget about the bond.
Mr. Odio: Uh-huh. That's how we protect ourselves.
Commissioner Alonso: Just tell me about any builder, a small contractor that
gets a loan from the bank. They follow the construction, and they have
inspectors. Therefore, at one point, when they are not losing any money, they
find out something is wrong. At that particular time, you stop that person.
Mr. Odio: We knew we had problems.
Commissioner Dawkins: It goes back to what J.L. Plummer said. We had the
Housing Department doing these jobs, Commissioner Alonso, and then all of a
sudden, Public Works decided to do the houses. Then we had Public Works doing
the houses. We had the Housing Department doing the houses and - no wait.
And then something -- we just dropped the ball, that's all. I mean, and
there's nothing you can say.
Commissioner Plummer: Everybody was working on the project, but nobody was
working on the project.
207 September 7, 1993
Commissioner Alonso: Then we find ourselves into $34,000 that we - I'm going
to vote no. Now, you tell me, what do we do? He's going to vote no, I'm
going to vote no. We need four. How do we do it? Give me the magic answer.
I don't see the need to get ourselves into this. If you inspect the
construction, and watch the funding, we don't have to be in the situation that
we are today. Really, there's no excuse. Banks do it every day, and they
don't lose money.
Commissioner Dawkins: So there's no action on the item.
Commissioner Alonso: Well, now we have less people.
Commissioner Dawkins: Call 32. Call 32. No action on the item.
Commissioner Alonso: Is this the only case that we have?
Vice Mayor De Yurre: So much for that. Next item, 32.
Commissioner Plummer: When is Saint Hugh's going to be ready, Mr. Bailey?
Mr. Herb Bailey (Assistant City Manager): They start construction next month.
Commissioner Plummer: Yeah, what month, Mr. Bailey?
Mr. Bailey: Beg your pardon?
Commissioner Plummer: We've been waiting four years. Which month?
Mr. Hepburn: Commissioner Plummer, there's a bulldozer out there right now
cleaning the site for construction.
Mr. Bailey: (Inaudible) this month, this month.
Commissioner Plummer: That don't mean - a bulldozer out there don't mean a
damn thing. That bulldozer has been there...
Mr. Hepburn: It's out there. They're out there now. I'm telling you, you
can drive by when you leave here.
Commissioner Plummer: That bulldozer has been out there more times than you
can shake a stick at.
Mayor Suarez: I am usually against any of those kind of groundbreakings where
all you do is, you show up with the plastic shovels and all that, but in this
case, Jeff...
Commissioner Plummer: All right. Mr. Bailey, when is this Commission
officially going to go there and break ground, Mr. Bailey?
Mayor Suarez: That's what he's talking about.
Commissioner Plummer: Have you got the date and time?
208 September 7, 1993
Commmissioner Dawkins: Thanksgiving Day.
Mr. Bailey: An exact time?
Commissioner Plummier: Yes, sir. What is the date and time of the
groundbreaking?
Ccmmissioner Alonso: And then the real date when you will start the
construction.
Mr. Bailey: I don't have an exact time, but I know it will be the end of this
month. I'll give you the exact time, yes.
Cammissioner Plummer: The end of this month.
Mr. Bailey: Yes.
Commissioner Plummer: Well, remember, there's members of this Commission that
are running that need support.
Mr. Bailey: You will have it.
Commissioner Alonso: Yeah, but then after you give me that date, tell me the
real date in which you will start the construction.
Mr. Bailey: I will give you the real date next week.
Commissioner Alonso: Good. Thank you. That's what I like to hear.
Commissioner Plummer: Famous last words.
Mayor Suarez: That doesn't mean that the real date is next week. It just
means he'll give it to us next week, right?
Commissioner Alonso: He'll give it to us next week.
Mayor Suarez: All right.
Commissioner Alonso: So we will know for the 21st.
Mayor Suarez: And the completion date...
Commissioner Dawkins: I'm interested in the completion date.
Mayor Suarez: Give us scmme completion date too, please.
Ccmmissioner Plummer: And I want to know how much rent you're getting for
parking that bulldozer over there.
Mayor Suarez: All right.
Commissioner Alonso: It has been a very painful experience.
Commissioner Plummer: Mr. Mayor, may I revert back to item 15 and lb of the
morning which...
209 September 7, 1993
Mayor Suarez: Yes. I just - Commissioner, I didn't inquire in the prior
item. I just wanted to make a comment. What happened to Mr. Hepburn? Is he
gone?
Commissioner Plummer: Mister who?
Mayor Suarez: Jeff Hepburn.
Commnissioner Alonso: He's here.
Commissioner Plummer: Who is he?
Commissioner Alonso: Ha!
Commissioner Plummer: Oh.
Mayor Suarez: I just wanted everyone here to know that the scattered site
housing projects done by the City looked magnificent. If you go out there and
see them, or if you drive by them, folks, pay attention to this. This is
empowering people to own their own homes. Just the one that we all see,
anyone who lives in the southwest area of Miami, the one over here by Coconut
Grove LDC, those units are so well maintained here, right off of U.S. 1,
and...
Commissioner Plummer: Huh! If you had unlimited funds, you'd be able to do
the same.
Mayor Suarez: I figured you were going to say that. In any event, casting a
positive...
Commissioner Plummer: Huh! They don't care about money.
Mayor Suarez: .. non -economic spin on this for the moment, I do want to tell
you, the ones in Liberty City, the ones I'm familiar with, the one involving a
young friend of mine and his grandmother, the one that you put together in a
short span of time, we purchased with federal funds, an old dilapidated home
that's been torn down. Ultimately, it will be built on. In the meantime, a
brand new hone was provided to them. I saw some people in the crowd kind of
react.
Commissioner Alonso: The one inthe corner? The corner house?
Mayor Suarez: It's on 58th, right off 17th Avenue there.
Mr. Lee: That's correct.
Commissioner Alonso: That's really nice.
Mayor Suarez: It is a nice one, and the family is living there. They're
quite, quite pleased, by the way. It's nicely landscaped.
Commissioner Alonso: Very nice.
210 September 7, 1993
Mayor Suarez: And the grandmother takes care of the flowerbeds. I keep
asking her how she does it, because I can't seem to be able to replicate that
at my own home. But it's just a great thing that was done, and it's important
that we acknowledge that. I wish we could do that many, many more times over
again.
Commissioner Al.onso : Yes.
------------------------------------------------------------------------------
41. AUIHORIZE FINANCING OF A PROTRACTED, COMPLEX INVESTIGATION IN AN AMOUNT
NOT TO EXCEED $250,000 -- ALLOCATE FUNDS FROM LAW ENFORCEMEW TRUST
FUND.
Commissioner Plummer: Mr. Mayor, may I go back to items 14 and 15, carried
over from this morning?
Mayor Suarez: Yes, sir.
Commissioner Plummer: I would move item 14, the financing of a protracted,
complex investigations with the proviso that any of the money that is drawn
down from this account, that once it is completed, that the City Police
Department will give this Commission a full report of how the money was spent
and what the investigation entailed. I so move.
Mayor Suarez: All right.
Commissioner Alonso: Second.
Mayor Suarez: So moved and seconded. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOUITION NO. 93-550
A RESOWTION AUTHORIZING THE FINANCING OF A
PRO► RA=, COMPLEX INVESTIGATION, IN AN AMOUNT' NOT TO
EX= $250,000, AND ALLOCATING FUNDS THEREFOR FROM
THE CITY OF MIAMI LAW ENFORCE E14T TRUST FUND, SUM
EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS COMPLYING WITH FLORIDA STATE STATiM
932.7055.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
211 September 7, 1993
Upon being seconded by Ccamissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner. Miriam A].onso
Camtissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Cc[mtissioner Miller J. Dawkins
ABSENT: None.
-----------------------------
42. AUTHORIZE FUNDING OF ALTERNATIVES PROGRAM -- ALLOCATE FUNDS FROM LAW
Commissioner Plummer: On 15, I move it. That is the Alternative Program of
Georgia Ayers, which I think is an absolutely fantastic program. I so move
15.
Commissioner Alonso: 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 N0. 93-551
A RESOLUTION AUTHORIZING THE FUNDING OF THE
ALTERNATIVES PROGRAM, AND ALLOCATING FUNDS THEREFOR,
IN AN AMOUNT NOT TO EXCEED $45,000, FROM THE LAW
ENFORCEi M TRUST FUND, SUCH EX.PENDITURES HAVING BEEN
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.)
212 September 7, 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: Commissioner Miller J. Dawkins
ABSENT: None.
------------------------------------------------------------------------------
43. BRIEF DISCUSSION CONCERNING CERTAIN AREAS BEING CONSIDERED AS POTENTIAL
TI'IAL
SITES FOR THE DEVELOPMENT OF SCATTERED SITE HOUSING.
Mayor Suarez: Mr. Strauss, I know, is on the phone, but as he does all of
these incredibly interesting and complex socioeconomic studies of migration of
Miami's African Americans from different parts of the City, I hope he would
take into account the projects that I just mentioned to him...
Commissioner Alonso: Yes.
Mayor Suarez: ... and not simply reflect on one particular project, and a
rather strange view of that particular project.
Ccmmi.ssioner Plummer: Well, Mr. Mayor, let me also make a point here. Mr.
Bailey, I guess I'm speaking to you, if you're here, or within reach of my
voice. There's many times, Mr. Manager, that this Commission had gone in,
with all good intentions of putting in scattered housing in areas that wound
up later...
Mayor Suarez: That didn't want them.
Commissioner Plummer: ... that didn't want them.
Mayor Suarez: But not the last eight years, we haven't done that.
Commissioner Plummer: OK? I'm going to once again say - I'm once again going
to say to the Administration, before you go in and make all of these studies
and everything, sir, that you will come and ask this Commission to investigate
and look into it before we all spin our wheels. I think there's enough area
in this community for scattered housing, but let's do it in the right way.
Mr. Cesar Odio (City Manager): Right.
Mayor Suarez: We heard of one group now today, Wynwood, they're desperate for
them, and...
Mr. Odio: They don't want it.
213 September 7, 1993
Mayor Suarez: Don't assume because of a particular ethnic group that they're
going to be in love with then, because look what happened with Saint Hugh's
Oaks. Now that's - it's almost upper middle class housing. It'll be nice,
probably, but it's not exactly what this government can be afford to be
building, when we have other areas of town that are very needy. Reverend
White is here. I'm glad to see that the articles begin to reflect the impact
of churches, and temples in the inner city. It's been about a six-month
battle, Reverend. I want to get you all of the letters I've sent on that
issue, and for the first time, I think you saw that reflected in a positive
light. And, of course, you're the forefront of that.
Commissioner Plummer: All right. I move - did we call the roll on 15?
Mayor Suarez: Yes.
Ms. Matty Hirai (City Clerk): Yes, sir, we did.
Commissioner Plummer: Thank you.
------------------------------------------------------------------------------
44. DISCUSS AND DEFER FOR FURTBER CONSIDERATION PROPOSED RESOU)TION TO
RATIFY MANAGER'S FINDING OF SOLE SOURCE WAIVING SEALED BIDS REQUIRaE TP
AMID AUPHORIZING ACQUISITION OF A MICROFILM READER / PRINTER FROM
INFORMATION MANAIM�IIU OF FLORIDA, FOR DEPARIMM OF POLICE.
Mayor Suarez: Item 32, and then we're going on to 35.
Commissioner Dawkins: What about 20, 21, and 22?
Mayor Suarez: We've done that already. We even took care of your sickle cell
issue.
Commissioner Plummer: Commissioner Dawkins, we didn't agree on this one.
Mayor Suarez: Thirty-two is moved.
Commussioner Plummer: Huh?
Mayor Suarez: Thirty-two.
Commissioner Plummer: Dawkins.
Mr. Cesar Odio (City Manager) Thirty-one is floating.
Commissioner Alonso: What?
Mr. Odio: Thirty-one was not - no action taken, so...
Commissioner Plummer: No, 31 was no action.
214 September 7, 1993
Commissioner Alonso:
No action.
Commissioner Plummer:
It died.
Mr. Odio: So the money we paid out already, what do we do?
Commissioner Plummer:
That's your problem.
Mayor Suarez: No action
for the moment, Mr. Manager.
Commissioner Plummer:
File a lawsuit against the contractor.
Mayor Suarez: We'll
try it again a little later or something, but let's move
on, please.
Commissioner Alonso:
Yes.
Mayor Suarez: Thirty-two. We understand the money has to be paid from
somewhere.
f
Commissioner Plummer:
I'll move to defer, if Commissioner Dawkins - yeah.
Commissioner Alonso:
Why?
Commissioner Dawkins:
Second.
Commissioner Plummer:
Dawkins.
Commissioner Alonso:
He has problems with this?
Commissioner Plummer:
Yeah. We need more information.
Mayor Suarez: I thought he moved it.
Commissioner Alonso:
Thirty-two?
Commissioner Plummer:
Yeah.
Commissioner Alonso:
I did.
Mayor Suarez: Oh, you moved it, OK.
Commissioner Alonso:
I didn't know he had problems.
Mayor Suarez: Item 32, you want to...
Commissioner Plummer:
... defer it.
Mayor Suarez: ... defer. Moved to defer, seconded. Any discussion? If not,
please call the roll.
215
THE MPON MOTION DULY MADE BY COMMISSIONER PIIDNM AND
SECONDED BY COMMISSIONER DAWKINS, ITEM 32 WAS DEFERRED
BY THE FOLLOWING VOTE:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
45. PERSONAL APPEARANCE: ALEX PRADO -- REAFFIRM PRIOR CITY'S CCk1vIMIZ1MEDTr OF
$75,000 (OUT OF 19TH YEAR CDBG CONTINGENT FUNDS) TO THE ONE ART CGt4NAJN TY
CENTER.
Mayor Suarez: Item 35.
Commissioner Plummer: Thirty-four, we've done, right?
Mayor Suarez: Yes.
Commissioner Alonso: Yeah. Thirty-three.
Commissioner Plummer: OK.
Commissioner Alonso: Thirty-three, withdrawn; 34, we did.
Commissioner Plummer: Mr. Mayor, I'm on the record so that I don't have to go
into a long discussion. I think One Art is a fabulous program. I have strong
objections to giving any program $100,000 for bricks and mortar. There are a
tremendous amount of vacant buildings in this community. We don't have any
guarantee whatsoever of long-term funding for this or any other program. I
would be more than happy to make funding available for the program, for the
recipients, but to put it into a building, even though it's federal funds from
Comuinity Development, I have been and will continue to be in objection of
what I consider to be a very fine program. But my money is not for bricks and
mortar. It's for the program.
Mr. Alex Prado: For the record, my name is Alex Prado, Executive Director of
One Art, Incorporated, and I stand here before you seeking your support of the
construction of the One Art Community Center and Arts and Education Center,
which is designed to provide cultural and educational programming,
specifically for educationally at risk children throughout Wynwood, Overtown,
Liberty City and Little Haiti, in an effort to get kids off the streets, out
of trouble, and that would be in conjunction with Dade County Public Schools.
To date, we have received over $800,00 from the Florida Department of State
Division of Cultural Affairs, Metro -Dade County, the private corporate
216 September 7, 1993
1
foundation sector throughout Florida. Very simply, we are requesting for the
City of Miami Commission to show their support of this project in the amount
of $100,000. That's it.
Mayor Suarez: Community Development Block Grant monies. Let's clarify.
We're not talking about general revenues of the City. And Mr. Castaneda, I
hear this, and I don't know how the rest of my colleagues feel, but for
myself, I'd love to hear from the Director of Community Development. I mean,
is this what was envisioned when that money was appropriated and authorized by
the federal government, by the Congress, to - it sounds like something just a
little bit more along the lines of the educational system, or - than classic
community development.
Mr. Frank Castaneda Commissioners, this is an eligible activity. However, we
have...
Mayor Suarez: It is an "eligible" activity.
Mr. Castaneda: Eligible activity. However, we've already contributed in
buying the land $75,000, and because, you know, of the other funding desires
of the City, we felt that we had already contributed. However, if the City
Commission wanted to look at this project, as I...
Mayor Suarez: What's the address, Frank?
Mr. Castaneda: The address is...
Mr. Prado: 15 Northeast 39th Street.
Mr. Castaneda: ... 15 Northeast 39th Street. It is in the design district.
Mayor Suarez: Fifteen...
Mr. Castaneda: ... Northeast 39th Street.
Mr. Prado: On the corner of North Miami Avenue and 39th Street.
Commissioner Plummer: 39th Street, right there by the expressway.
Mayor Suarez: That is, by any definition, a target area for economic
development, community development.
Mr. Castaneda: Yes.
Commissioner Alonso: Yes, it is. It is.
Commissioner Plummer: Mr. Mayor, I also, you know - and I'm not trying to
torpedo the program, because I want the program to have money to put into the
program. If you look at the brochure which they, themselves put out, they are
building quite a structure. I think it's four stories, and it's not a simple
building. It is...
Mr. Prado: At $1.2 million.
217 September 7, 1993
Commissioner Plummer: Yeah. It is a magnificent structure that you, and I,
and the private sector would want to be putting together.
Mayor Suarez: You know what worries me, Commissioner? That it doesn't sound
like that's what was envisioned, to some extent, although if he says that
it's...
Commissioner Plummer: Oh, it would qualify.
Mayor Suarez: Right, it's qualified, it qualifies. But if we don't do it,
what else is going to happen in that area? I mean, it - by the way, it's very
close to Archbishop Curly - is it not - a school?
Commissioner Plummer: Yes.
Mayor Suarez: And not too far from Cushman. Maybe...
Commissioner Plummer: Mr. Mayor, are you aware...
Mayor Suarez: ... as a way to involve the Cushman and Curly private school
kids in this.
Commissioner Plummer: Are you aware of, unfortunately, how many buildings
have become vacant in the design area that could be rented?
Mr. Prado: Commissioner...
Commissioner Plummer: I'm telling you there are beaucou buildings in there.
Mr. Prado: Commissioner, I...
Canni.ssioner Plummer: That is the first and only place that I know of in
which the appraisals from the tax assessor went tremendously down because of
the blighted area.
Mayor Suarez: But that...
Commissioner Plummer: You have building, after building, after building, that
is vacant.
Mayor Suarez: I think that trend stopped a year or two ago. in fact, maybe
three years ago, for the design district.
Commissioner Plummer: Ever since Dania opened up a design district, we've
been losing.
Commissioner Alonso: Things have changed.
Mayor Suarez: The fashion district has been going up. So, I mean, the design
district, I don't know.
Mr. Cesar Odio (City Manager): The garment district is completely full.
Mayor Suarez: Yeah, the garment district is full.
218 September 7, 1993
Commissioner Plummer: Oh, yeah.
Mr. Odio: And the design district is coming back.
Commissioner Dawkins: When we gave them...
Commissioner Plummer: It hasn't yet.
Mayor Suarez: Commissioner Dawkins.
Camissioner Dawkins: When we gave them $75,000 for the land, I was assured
that was it.
Mayor Suarez: That was it.
Commissioner Dawkins: OK? Now, we're back for $100,000 again, to build a
building. When you build a building, there are certain costs incurred, such
as lights, phone...
Mr. Prado: We have received commitments to offset the cost.
Mayor Suarez: Wait, wait, but that's not a smart thing to do, to interrupt
the Cammi.ssioner.
Commissioner Dawkins: Well, take that money and - take that money and build
your building, and come back to me for $100,000. If you have received
commitments from everybody to do what I was just trying to tell you needed to
be done, take that money, build your building, and then come back and tell me,
"Commissioner Dawkins, we need $30,000 to run our program."
Cammmissioner Plummer: That's what I said before.
Mayor Suarez: All right. So we have two pronouncements. That could lead to
a consensus very quickly around here.
Cammissioner Alonso: How much do we have available?
Mayor Suarez: A very logical question to ask, is how much is available,
before we...
Commissioner Alonso: Before we go into anything further.
Mr. Odio: We have 184,000. We have available 184,000.
Mayor Suarez: One...
Mr. Odio: ... hundred and eighty-four thousand.
Mayor Suarez: All right. Anything further to try and convince the other
three of us that haven't expressed ourselves as to why samething that sounds
so...
Mr. Prado: Sure. I went through this earlier this morning with the
Cammmissioner, and we did an exhaustive research.
219 September 7, 1993
Mayor Suarez: Which Commissioner?
Mr. Prado: Commissioner J.L. Plummer.
Mayor Suarez: I think he told you he was going to vote against you.
Mr. Prado: I know, I know.
Mayor Suarez: Why don't you try the other three of us.
Mr. Prado: Oh, no, no, no. OK. I - OK. This cam ni.ty has nothing for the
children. It is in desperate need of cultural, educational programs, designed
to get kids off the streets.
Commissioner Plummer: We agree.
Mr. Prado: Exactly. And I...
Commissioner Plummer: But not - the com unity is not desirous of another
building.
Mr. Prado: And again...
Commissioner Plummer: They're desirous of a program. Kids don't need bricks
and mortar.
Mayor Suarez: Why don't you let him make his argument...
Commissioner Plummer: I'm sorry.
Mayor Suarez: ... to the rest of us, since you're ready to - and as you do,
by the way, operationally, what does your budget look like? I mean, I hate to
say it, but you look awfully well dressed for that.
Mr. Prado: Well, I mean, you know, I take this clothing off and I go work
with my kids. I mean, so clothing has no, you know - this is the only
jacket...
Mayor Suarez: You change into appropriate clothing then. OK.
Mr. Prado: Of course, of course. I mean, I play a lot of - I wear a lot of
hats.
Mayor Suarez: But what - seriously, Alex, what is your operational budget,
what is your salary, what is your cost?
Mr. Prado: OK. This year's budget is at $200,000, and that does include the
capital of the actual acquisition of the facility. So we're looking at a
$160,000 budget.
Mayor Suarez: And you're going to be like the Executive Director of this
whole thing?
220 September 7, 1993
Mr. Prado: I'm the Executive Director of the facility, sure.
Mayor Suarez: Full-time basis? You give all of your time to this.
Mr. Prado: Full-time, full-time basis, sure.
Mayor Suarez: And will the general public know what your salary is, what
you're compensated?
Mr. Prado: Absolutely.
Mayor Suarez: Well, why don't we know it right now.
Mr. Prado: Well, it would range anywhere from forty to fifty thousand dollars
to run the facility, run all the activities, the outreach programs, the
daytime...
Mayor Suarez: And the operating - the source of operation - of operating
budget are from where?
Mr. Prado: I'm sorry?
Mayor Suarez: Where is your operating monies going to cone from?
Mr. Prado: Well, the division of cultural affairs, which is a Florida -
division of the Florida Department of State. We receive funding from Dade
County Public Schools, from the City of Miami Police Department, from the
Metro -Dade Police Department, from various corporations throughout the State
of Florida.
Mayor Suarez: You mentioned a lot of different sources. I thought most of
those were for capital. I see that...
Mr. Prado: No, no.
Mayor Suarez: ... they're kind of mixed in. You got capital and operating...
Mr. Prado: No, no, no. Many of those grants have been specifically
designated for construction. However, these same sources have been funding
One Art's programming since 1981.
Mayor Suarez: How many kids have you had in the program since 1981?
Mr. Prado: Many thousands. I mean, we work within Dade County Public
Schools. We're teaching children...
Mayor Suarez: Well, "many thousands," I mean, the good doctor from Cushman
can tell you exactly how many kids she has on a yearly basis, and it's just a
matter of multiplying by the number of years.
Mr. Prado: Again, we work on an ongoing basis with as many as 60, 70 children
every day, throughout the week. And that's...
Mayor Suarez: All right.
221
September 7, 1993
Mr. Prado: Again, that's...
Mayor Suarez: No more questions from me.
Mr. Prado: ... in our facility. In Dade County public schools, again, where
we go and provide our services at...
Mayor Suarez: You are official sanctioned by the Dade County Public School
System?
Mr. Prado: To go within Dade County public schools, sure.
Mayor Suarez: All right. Commissioners...
Commissioner Alonso: So you have 60?
Mr. Prado: No, no. That's at our facility. In Dade County public schools,
we provide as many as a hundred children per week.
Mayor Suarez: But that's in the location of the particular school.
Mr. Prado: In the schools, in the schools.
Mayor Suarez: all right. Commissioners, what's your pleasure on this item?
Commissioner Alonso: How many children do you expect to have in the new
facility?
Mr. Prado: Well, we expect to serve as many as 200 per day at any -
throughout the day. So on a continual basis throughout the week, 200 per day.
Commissioner Plummer: I would strongly urge that we send this to the
Administration, and in the Administration, to see what facilities are
available in the area, rather than building this facility, which is four
floors. I got to tell you, it's a magnificent structure, building it on
somebody else's money. I just feel that they can find...
Mr. Prado: Commissioner...
Commissioner Plummer: ... an empty space up there that can be used without a
long-term commitment. I just...
Mr. Prado: As I said, Commissioner...
Commissioner Plummer: We can't be all things to all people.
Mr. Prado: ... there are no facilities that we could possibly afford within
that area that could possibly...
Commissioner Plummer: Sir, we are - let me just give you an example. We are
talking right now of renting City space for - what is it, $5 a square foot?
$5 a square foot. You can't buy that for any kind of thing. We got a lot of
roan in the old police station. Run your program out of there. We'll give it
222 September 7, 1993
to you free. We don't - we give property away around here. I mean, somehow,
people think that federal money is a different color than City money.
Commissioner Alonso: The problem that he has is the amount of money that you
have already received toward the construction of this center, right?
Mr. Prado: Right.
Commissioner Alonso: You cannot use it to acquire property, can you?
Mr. Prado: Absolutely not. This is specifically designated for construction,
these $800,000. I mean, we can't turn around and say, "Hey, let's go into
another site." We've already dedicated all this time, all these resources to
this one facility. We can't turn back on this project now. You granted us
$75,000 to build - to acquire this land to build a facility. I mean, there's
no turning back at this point. We've raised almost 80 percent of the dollars.
All we're asking for is $100,000. Again, you can perceive that, well, you
know, "all," that's all, "only" what we're asking for. But, I mean, you know,
we're simply requesting your show of support. We can't go back to Metro and
say, "Hey, you know, we need more money."
Co nissioner Plummer: We gave them our show at 75,000. Now, they want
another hundred.
Mr. Prado: We can't do that because they're seeking...
Mayor Suarez: Well, when you say your show of support, I think we established
that the City has contributed a substantial amount for the acquisition of
land. Don't give the impression that it's...
Mr. Prado: I understand. I apologize.
Mayor Suarez: ... that we throw you away, you know, with nothing, if we
decide not to support the program further. All right. Commissioners, I think
we've heard enough. We've got other items. We're still a little bit behind
here, and we should do our best to catch up before the hordes of Natoma and
"watchamacallit" - Bay Heights - show up.
Commissioner Plummer: Sir, they're initially here to complain about the
taxes.
Mayor Suarez: They're mostly here to complain about you, but...
Commissioner Plummer: The rest of it will be here at 7:00 o'clock for
barricades.
Mayor Suarez: All right.
Mr. Prado: You just make a motion. We...
Mayor Suarez: No, wait, wait, wait. Your presentation is completed very
eloquently, et cetera, et cetera. All right, Comni.ssioners.
Commissioner Plummer: Well, I back Camu.ssioner Dawkins. We made our
contribution of the 75, and that was it. That's my motion. That's my vote.
223 September 7, 1993
Mayor Suarez: All right. So moved.
Commissioner Dawkins: Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
Mr. Prado: I didn't understand that. What was that?
Mayor Suarez: So far, moved and...
Commissioner Alonso: He said the 75 that was given...
Commissioner Plummer: I'm making a motion on Commissioner Dawkins' statement
that we made an allotment of 75,000 available to you, and that's our
commitment.
Mayor Suarez: So moved and seconded. Any further discussion from the
Camtission? If not, please call the roll.
The following motion was introduced by Cannissioner Plumper, who moved
its adoption:
MOTION NO. 93-552
A MOTION TO REAFFIRM THE CITY'S PREVIOUS COMMITMENT TO
FUND THE ONE ART COMMUNITY CENTER, IN THE AMOUNr OF
$75,000, OUT OF 19TH YEAR CDBG CONTINGENT FUNDS.
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
NOES: Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: I was going to go with you, but obviously, I didn't do it for
you. Didn't have the votes.
Commissioner Alonso: I didn't want a motion. I'd rather we waited to see.
He pressed for a motion.
Mayor Suarez: Item 36, Movimiento Civico Nicaraguense.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes.
224 September 7, 1993
Commissioner Plummer: Can I have a human interest for one minute? Mr. Joe
Richards, of all the people of Natoma and Bay Heights, Mr. Richards has lost
his dog, and if any of you have seen a little black dog running around the
neighborhood, please call Mr. Richards at the house, because I need to tell
you that it's his mother's dog that he was dog sitting, and when his mother
gets back, God help him. Thank you, Mr. Mayor.
------------------------------------------------------------------------------
46. URGE PRESIDENT WILLIAM J. CUINTON AND ATTORNEY GENERAL JANET RENO M
ASSIST IN RESOLVING IMMIGRATION STATUS OF NICARAGJANS PRESENTLY LIVING
IN TIE U.S.
------------------------------------------------------------------------------
Mayor Suarez: OK. Anibal Sanchez-Quinonez. You were the gen leman taking
the pictures in the back. No?
Mr. Anibal Sanchez-Quinonez: Yes.
Mayor Suarez: OK. I don't have any objections to being photographed.
Commissioner Plummer: Where are we?
Mayor Suarez: I always want to know - the one thing I want to know is who and
for what purpose, just out of curiosity.
Mr. Sanchez-Quinonez: That's fine, that's fine.
Mayor Suarez: I guess we're kind of stuck up here. Anybody can take pictures
if they want.
Mr. Sanchez-Quinonez: OK. My name is...
Mayor Suarez: There are some here that I would not recommend taking the
pictures of, but we won't go into that. Yes.
Commissioner Plum-wr: Are you insinuating...
Mayor Suarez: Particularly all the way to my left, yes, without mentioning
names.
Commissioner Dawkins: We're on 36?
Mayor Suarez: Thirty-six, yes.
Camni.ssioner Plummer: That's all right. You've only got three more meetings.
We'll be rid of you.
Mr. Sanchez-Quinonez: OK. My name is Anibal Sanchez-Quinonez...
Mayor Suarez: That's the truest thing you've said all day.
Mr. Sanchez-Quinonez: ... and I live in 11653 Southwest 3rd Street, in
Sweetwater. We are here today representing a Nicaraguan organization,
225 September 7, 1993
Nicaraguan civic mcxment, Save Democracy. Our organization goes specifically
to, first, to denounce all crimes against human rights in Nicaragua, watch the
process of democratization within the country, report and expose the
Nicaraguan political situation internationally, and second, to help and
support the 150,000 Nicaraguans that are living in Miami area, in Dude County,
who have not the immigration status resolved.
Mayor Suarez: What kind of a limbo are many of those Nicaraguans in? What
kind of an immigration status? Just sort of extended, voluntary...
Mr. Sanchez-Quinonez: Right.
Mayor Suarez: ... departure, parole status? They have work permits?
Mr. Sanchez-Quinonez: No, no, no. They have like a parole, like a parole.
Mayor Suarez: A parole, right.
Mr. Sanchez-Quinonez: Yeah.
Mayor Suarez: Do they have work permits?
Mr. Sanchez-Quinonez: Some of them, yes.
Mayor Suarez: Some of them do. It's a shame, the ones that can't even work,
because then they can't even contribute to our tax base, and they have an
underground economy, sometimes, in the form of jitneys and other kinds of
things that really, we should make it formal, part of our system, and then pay
taxes and contribute.
Mr. Sanchez-Quinonez: Sure.
Mayor Suarez: They're hard working people.
Mr. Sanchez-Quinonez: The Nicaraguan civic movement, Save Democracy,
delegated myself...
Mayor Suarez: No, no, which, by the way, doesn't have anything to do with
this Commission, except that we support you. I mean, I don't...
Mr. Sanchez-Quinonez: Well, will you please let me finish?
Mayor Suarez: Sure.
Mr. Sanchez-Quinonez: One minute. ... delegated myself to present a petition
to you, the authorities of the City, to obtain an official resolution from you
asking the President Clinton and Secretary of State - Secretary of Justice,
Janet Reno, to resolve the military status of Nicaraguans. What we're asking
is to try to obtain from President Clinton the EVD, which is the Extended...
Mayor Suarez: ... Voluntary Departure.
Mr. Sanchez-Quinonez: ... Voluntary Departure, right. This program will
protect the Nicaraguans who are in the U.S. territories from returning to
226 September 7, 1993
Nicaragua. There is a long list of countries that they already had that in
the past, and what we're asking you is an official resolution. What we're
asking you is your support in this plan that we would be promoting in the rest
of the cities of this area, Dad County, and the House of Representatives in
Tallahassee.
Mayor Suarez: Does the - the Extended Voluntary Departure status does not
mean that we are telling the Attorney General or Immigration whether a
particular person should get political asylum. It just says that while
they're here, they should have that status, right?
Mr. Sanchez-Quinonez: Right.
Mayor Suarez: I don't see why anybody would...
Mr. Sanchez-Quinonez: The City of Sweetwater supported us already on August
the 2nd. Also, the City of Hialeah supported us on August 24th.
Mayor Suarez: That's what we've supported for the Haitians, and we support it
for the Nicaraguans, the Extended Voluntary Departure status.
Commissioner Alonso: Yes.
Mr. Sanchez-Quinonez: So that's what we need from you.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second, yes.
Mayor Suarez: Seconded. Any discussion? If not, please...
Commissioner Plummer: If he wants to send this letter to President Clinton,
you better send it in a hurry before he breaks the country.
Commissioner Dawkins: Well, I don't know HOW you figure he's wrecking it any
more than Bush did. I really don't.
Commissioner Plummer: Hey, hey, let me tell you something.
Commissioner Dawkins: I don't see it.
Commissioner Plummer: It's embarrassing for me to call myself a Democrat.
Mayor Suarez: Before we get into the philosophy...
Commissioner Dawkins: And I'm embarrassed to have you as a Democrat.
Commissioner Plummer: Watch your language.
Mayor Suarez: Call the roll very quickly, before we get into partisan
argument.
227 September 7, 1993
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-553
A RESOLUTION OF THE MiAMT CITY COMMISSION URGING
PRESIDENT BILL CLINTON AND ATTORNEY GENERAL JANET REND
TO RESOLVE THE IMMIGRATION STATUS OF NICARAGUANS IN
DADE COUNTY, FLORIDA, BY GRANTING THE EXTENDED
VOLUNTARY DEPARTURE PROGR M; DIRECTING THE CITY CLERK
TO TRANSMIT A COPY OF THIS RESQU)TION TO THE HEREIN
NAMED OFFICIALS.
(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: Ccmmmmissioner 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: I think I can add, by the way, since occasionally we disagree,
but I can add in this particular case that the Manager is a very, very strong
advocate of your cause, too, and he has sane good ties in Washington. You may
want to use those to try to get the appointments at the highest possible
places.
Commissioner Alonso: Yes.
------------------------------------------------------------------------------
47. GRANT FEE WAIVER REQUESTED BY GREATER BM1EL, A.M.E. CHURCH CENTMgUAL
PLANNING COMMITTEE CONCERNING ITS PARADE.
------------------------------------------------------------------------------
Mayor Suarez: Item 37. Reverend White.
Commissioner Alonso: Oh, yes, he's been patiently waiting.
Mayor Suarez: Greater Bethel AME.
Reverend John White: Thank you. Reverend John White, Greater Bethel AME
Church, 245 Northwest 8th Street. Mr. Mayor and Ccmmissioners, as you know,
in 1996, the City of Miami, along with Bethel Church, will be 100 years old.
228 September 7, 1993
Cesar Odio (City Manager): Well, we recommend this - to save the speech - we
recommend this.
Commissioner Alonso: So move it.
Mayor Suarez: All right. So craved.
Mr. Odio: We recommend it.
Reverend White: You're waiving - you waiving all those extra...
Mr. Odio: Yes.
Commissioner Alonso: Move. It's very important what they're doing.
Reverend White: Thank you.
Commissioner Dawkins: He recommends it. So moved.
Mayor Suarez: Second.
Commussioner Dawkins: With the Manager's recommendation, I move.
Commissioner Alonso: Yes, move it.
Reverend White: Thank you, Mr. Manager.
Commissioner Plummer: Whew! Hey, this train's moving a little too fast here.
Reverend White: OK.
Commissioner Plummer: What are we recommending here?
Mr. Odio: You were left behind two years ago.
Commissioner Plummer: When I voted for you as the Manager, I got left behind.
Wait, wait. Can I - I'm sorry. Can I ask what we are waiving?
Mayor Suarez: Can you fill in the blanks very quickly for Commissioner
Plummer? And I mean very quickly.
Reverend White: Thank you.
Commissioner Alonso: Where did he go?
Reverend White: Commissioner, we're planning a pre -centennial parade on the
26th of...
Commissioner Plummer: That, I heard. Now, tell me, what are we waiving is
what I want to hear.
Reverend White: And we're trying to get the fees for the police protection
and all of that...
229 September 7, 1993
Commissioner Plummer: And how much is that?
Reverend White: Somewhere around $6,000, I think it is, for traffic and for
fire inspectors. I think the grand total proposed budget labor cost is about
$7,000.
Commissioner Plummer: And, Mr. Manager, hello?
Commissioner Alonso: He left?
Commissioner Plummer: Am I calling collect? I want to know where the money -
as Mr. Dawkins says, that magical fountain that suddenly spurts when he needs
it - where is the money coming from? Tell these people who are here for
budget. Hello, Mr. Manager? We'll save $140,000, if we don't need a Manager.
That's all right. I'll vote for it, sir.
Reverend White: All right. Thank you.
Commissioner Plummer: But I'm going to nail him to the wall when he canes
back. OK?
Reverend White: OK. Mr. Mayor, while he's waiting on the Manager, may I make
a statement, in reference to the one that you referred to, reference the
article? And I do, would like to also go on record to say that historically,
in this community, in Overtown, in the midst of its transition, in the midst
of its deterioration, the one historical institution that has maintained a
positive image in those communities - in that community - has been the church.
I wish today that the City would help the churches maintain not just its
building, but in terms of programs, Mr. Plummer. You'd be surprised at the
positive things that go on in the churches to maintain black children's self -
concepts and programs, but we never get the funding to support us. We have to
do other kinds of things. We've got tutorial programs, we've got legal
assistant programs, we've got all kinds of programs. We feed the homeless.
We give away food and clothing, and I am saying that we need desperately to
try to maintain the community, whereas the pivotal point around the salvation
of Overtown is not the other things, but it's the churches who are maintaining
its interest and history, trying to make a difference in the lives of the
community.
Commissioner Plummer: Reverend, I strongly suggest that you cone down here
when we dole out social monies, not necessarily for you to get the social
monies, but to get a commitment from those people who we're giving the social
monies, to give you the help that you need, in the way of food, legal advice,
daycare and the rest. As far as I'm concerned, those are the areas that
should be of concern to you and to this commurmity.
Reverend White: We're surviving.
Commissioner Plummer: Just surviving is not the answer.
Reverend White: And we can do more if we had the resources. We could begin
to make a difference.
Commissioner Plummer: And if you came down here and get a commitment from
these people, this Commission won't vote for it without it.
230 September 7, 1993
Reverend White: Thank you.
Commissioner Plummer: Mr. Manager, I again ask the simple question, sir,
where is the money coming frorn for this activity that you're recommending?
Mr. Odio: I'm going to get it out of Special Programs and Account.
Cam dssioner Plummer: That's that same old fountain, Miller.
Mr. Odio: The one that you use once in a while, too.
Commissioner Plummer: Yeah, right.
Commissioner Plummer: Must be the fountain of youth.
Reverend White: Thank you.
Cammissioner Dawkins: Reverend White, Reverend White.
Reverend White: Yes, sir.
Commissioner Dawkins: What J.L. is saying, I think, is that we give money for
social programs and social work.
Commissioner Plummer: A million -six.
Commissioner Dawkins: It's up to you to convince them to assist you, because
there is such a thing as separation of state and church, and if we were to get
into contributing directly to the church, we're going to run into a hassle we
don't need.
Reverend White: I understand, Commissioner, and we just want to be a part of,
to try to make the difference in overtown. We are concerned about it.
Commissioner Dawkins: No, I won't let you say that. You're trying to make a
difference in the total community.
Reverend White: OK. Thank you.
Commissioner Dawkins: I must give you credit for that.
Reverend White: Thank you, sir.
Commissioner Plummer: Make yourself available.
Reverend White: We are.
Commissioner Plummer: To these sources.
Reverend White: OK. Thank you.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
231 September 7, 1993
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-554
A RESOLUTION ALLOCATING AN AMOUNT NCTP TO EXCEED $7, 678
FROM SPECIAL PROGRAMS AND ACCOUDTIS IN SUPPORT OF THE
GREATER BE HEL A.M.E. CHURQ-I PARADE AND FESTIVAL TO BE
CoteIrM BY THE. GREATER BEI'f-iEL A.M.E. CHURCH ON
SEPTEMBER 25, 1993; CONDITIONING SAID ALLOCATION UPON
COMPLIANCE WITH ANY CONDITIONS AND LIMITATIONS AS MAY
BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, cmitted 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
Cortmissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
48. BRIEF DISCUSSION AND WITHDRAWAL OF REQUEST BY COCOANUT GROVE VILLAGE
COUNCIL TO JOIN WITH THE CITY'S 1993 PRIMARY ELECTION IN NOVEMBER FOR
ITS VILLAGE COUNCIL ELECTION (NOTE: ITEM WITHDRAWN FROM AGENDA BY THE
COUNCIL.)
Mayor Suarez: Item 38.
Mr. Cesar Odio (City Manager): At the request of - it's been withdrawn.
Mayor Suarez: Withdrawn, all right. Item 39.
Commissioner Dawkins: Thirty-eight, what now?
Commissioner Plummer: Well, wait a minute, wait a minute. This is...
Mr. Odio: I was asked to withdraw...
Commissioner Plummer: You've had this man sitting here all day, David Leahy,
he's been sitting here all day. Nobody told him that this request was
withdrawn.
232 September 7, 1993
Mr. Odio: I just found out five minutes ago, Ccnrdssioner.
Commissioner Plummer: Well, if that's the case, then I'm sorry, David, that
you spent all day here. But just on the record, let's enter his letter. His
recommendation is against what was requested, so in case it canes back up
again, it's on the record. OK?
Mr. Odio: Why don't we send it to the Coconut Grove - send it to the Village
Council.
Commissioner Plummer: David, I'm sorry you had to sit here.
Mayor Suarez: I'm sorry. I didn't see Mr. Leahy. You haven't been here all
day?
Vice Mayor De Yurre: Mr. Mayor, if I may ask, I'm looking at the faxed date.
It says 9:01, 9:00 o'clock in the morning when this came in.
Mr. Odio: But, again, I was requested...
Vice Mayor De Yurre: Yes. Bello. 9:01.
Mr. Odio: I just got it.
Vice Mayor De Yurre: Well, where was it for eight hours?
Mr. Odio: I have no idea where it came to, so.
Commissioner Plummer: Sorry, sir.
Mayor Suarez: Is there anything that we should know from Mr. Leahy before he
leaves as to...
Commissioner Alonso: He opposed it.
Mr. Odio: I was told by Ms. Tucker to withdraw it, because the people from
the Village Council were having a meeting tonight, and that's all I know.
Commissioner Alonso: It's very confusing.
Commissioner Plummer: OK.
Mayor Suarez: The basic recommendation is...
Commissioner Plummer: Against.
Mayor Suarez: ... there would be a lot of confusion with absentee ballots, et
cetera, and you're taking a position against this involvement, Mr. Leahy?
Mr. David Leahy: Mayor, my concern was, since 1991, when they first ran their
first election, we've changed our precincts. If they want to divide up the
current precincts and have part of the people vote on the Village Council, and
other people who cannot vote on the Village Council, there will be a lot of
233 September 7, 1993
i
pp
confusion. I don't think they know what they want to do right now. I talked
to people that today...
Commissioner Plummer: What else is new.
Mayor Suarez: OK. Maybe that reflects the fact that they withdrew.
Mr. Leahy: That's why they withdrew.
Mr. Odio: I didn't want to say that.
Mr. Leahy: So when they know what they want to do, I'll be glad to come back
and we can talk about it.
Mayor Suarez: And you're available to work with them, to see what can be
structured.
Mr. Leahy: Be happy to.
Mayor Suarez: All right. Very good. Thank you, sir. Sorry we took up your
time on unnecessarily.
-------------------------------------------------
NOTE FOR THE RECORD: At this point, agenda item
36 was withdrawn.
-------------------------------------------------
------------------------------------...-----------------------------------------
49. BRIEFLY DISCUSS AND MMENrARILY TABLE FURTMERR DISCUSSION CONCERNING
CRIME IN THE NORTHEAST AREA. (See label 51)
Mayor Suarez: Item 39, Greater Biscayne Boulevard Chamber of Commerce.
Ms. Maureen Joseph: Mayor Suarez, Honorable Commissioners, Mr. Odio. My name
is...
Commissioner Plummer: Excuse me. Is the Chief here? I would want you to
wait until the Chief arrives to hear it.
Ms. Joseph: Oh, OK.
Commissioner Plummer: I think it's only appropriate.
Mayor Suarez: OK. We're 45 minutes behind, so we're catching up. Francis,
if you don't - it could be Francis Maureen.
Commissioner Alonso: Is he in the building?
Unidentified Speaker: Yes.
Commissioner Alonso: Oh.
234 September 7, 1993
i
Mayor Suarez: Maureen, Maureen - not Frances. Maureen, if you would just
give us a second, we maybe can take up the first part, or all of item 40, sane
of which is just a certain recitation has to be made into the record. Mano,
are you ready to do that?
------------------------------- ------------------
NOTE FOR THE RECORD: ITEM 39 WAS W)MENPARILY TABLED
IN ORDER TO COMMENCE DISCUSSION OF THE FIRST PUBLIC
HEARING ON THE CITI' OF MIAMI FY 93-94 TENTATIVE BUDGET.
---------------------------------------------------
FIRST PUBLIC HEARING ON CITY OF MIAMI FY 93-94 TENTATIVE BUDGE.'
------------------------------------------------------------------------------
50. BUDGET DIRECTOR STATES PROPOSED MILLAGE RATE AMID TENTATIVE BUDGET FOR
THE CITY OF MIAMI. (See label 52)
----------------------------•--------------------------------------------------
Commissioner Plummer: Mr. Mayor, you're not going to be able to do that. The
citizens response...
Mayor Suarez: No, just begin - scme of it is just reading into the record
certain things. Madam City Clerk, we can do like 40-A, but stop before "B"
and so on, can we not?
Commissioner Plummer: Oh, I guess.
Mayor Suarez: All right, Mano, on the assumption that we can.
Mr. Manohar Surana (Assistant City Manager): OK. Discussion of proposed
millage rate and tentative budget for the City of Miami. "A," Percentage
increase in millage over rollback rate. Response, zero percent.
Mayor Suarez: OK. So the proposed percentage increase over rollback rate is
exactly zero percent. In other words, we would have absolutely no change over
the rollback rate. All right.
Mr. Surana: It's a little bit lower, but for this calculation purpose it is
zero.
Commissioner Plummer: Now, Mr. Mano.
Mr. Surana: Yes, sir.
Commissioner Plummer: Tell me how much more money the City will get this year
from ad valorem taxes than they got last year.
Mr. Surana: Apple to apple will be getting about $3,000,000 less.
235 September 7, 1993
Commissioner Plummer: I'm sorry?
Mayor Suarez: Three million dollars less.
Mr. Surana: About three million dollars less.
Commissioner Plummer: Ten million less.
Mayor Suarez: Three, three.
Mr. Surana: Three, three.
Commissioner Plummer: Three million less.
Mr. Cesar Odio (City Manager): Three less.
Mr. Surana: Yes, sir.
Canmi.ssioner Plummer: Now, does that include the garbage fee that was }mocked
out?
Mr. Odio: That does not include the garbage.
Mr. Surana: That's separate. I'm just looking property tax revenues now.
Commissioner Plummer: All right. So what you're saying is, is that on this
predication of this millage, which is zero increase, the City will receive
approximately $3,000,000 less than what they received last year.
Mr. Surana: Yes, sir.
Commissioner Plummer: Thank you.
Mayor Suarez: OK. "B," City Carmission listens and responds to citizen
conments. All right. We will stop at 40-A, on the assumption that we may
have a little bit - we will, of course, stop anything else that is said in the
context of what we're doing here today as to - as applicable to 40-B, yes.
-------------------------------------------------
NOTE FOR THE RECORD: AT THIS POINT, THIS PUBLIC HEARING
ON THE BUDGES WAS TABLED IN ORDER TO RESUME CONSIDERATION
OF REGULAR AGENDA ITEM 39.
-------------------------------------------------
----------- ---- - - -- - - - - -- - - - -- - - - - -- -- - - -- -- - - - - - - -- -- - - -- - - - - - - -- - - - ---- ---- -
51.(A)DIRECT ADMINISTRATION TO WORK IN UNISON WITH MEMBERS OF CITY COMMISSION
IN LOBBYING BEFORE METRO-DADE BOARD OF Cary COMMISSIONERS M REQUEST A
$5,000,000 GRANT FOR IMPLEMENTATION OF A TWO-YEAR PILOT PROGRAM TO FIGHT
CRIME IN OUR STREETS - URGE ADMINISTRATION TO IDENTIFY AND APPLY FOR ANY
OTHER SOURCES OF REVENUE FROM THE COUNTY, INCLUDING MONIES FROM THE LAW
ENFORCEMENT TRUST FUND.
(B)ADOPT IN PRINCIPLE PROPOSED PILOT PROL�tAM PRESENTED BY THE GREATER
BISCAYNE BOULEVARD CHAMBER OF COMMERCE, THE NORTHEAST SUBCOUNCIL FOR
CRIME PREVENTION, AND CIVIC ASSOCIATION LEADERS IN THE NORTHEAST AREA
(THE "NORTi-iEAST STRATEGY AGAINST CRIME PLAN") GE1MRAT T Y REQUESTING THE
FCLLC7WING: PERMANENT DEPLOYMENT OF 15 POLICE OFFICERS TO THE NORTHEAST
AREA AND THE IMPLEMENTATION OF A FORMAL / LOGICAL STRATEGY AGAINST
CRIME -- DIP= ADMINISTRATION TO EXPLORE CREATIVE WAYS OF POSSIBLY
REVAMPING INTERNAL PRIORITIZATIONS OF ACTIONS TO BE TART (e.g.) (a) THE
POSSIBLE PLACEMENT OF RAISED PLATFORM STANDS WHERE POLICE OFFICERS COULD
STAND FOR SURVEILLANCE PURPOSES, (b) LISTING OF JUDGES' NAMES WHO
REPEATEDLY RELEASE PROSTITUTES AS WELL AS TOTAL NUMBER OF OFFENSES AFTER
WHICH THEY ARE RELEASED, SUCH THAT SOME KIND OF TRACKING SYSTEM COULD BE
INSTITUTED, AND THE POSSIBILITY OF BROADCASTING THE NAMES AND ADDRESSES
OF ALL CONVICTED JOHNS OVER THE CITY'S CABLE TELEVISION CHANNEL, AS
REQUESTED BY THE AREA RESIDENTS.
(C)GRANT' REQUEST RECEIVED FROM RESIDENTS IN THE NORTHEAST AREA AS OUTLINED
IN THE "NORTHEAST STRATEGY AGAINST CRIME PLAN" -- DIRECT ADMINISTRATION
TO DEPLOY UP TO 15 POLICE OFFICERS TO THE NORTHEAST SECTION OF THE CITY
WHICH OFFICERS ARE TO REMAIN PERMANENILY ASSIGNED TO SAID AREA.
------------------------------------------------------------------------------
Mayor Suarez: OK. Maureen, you're back on. We have the Chief here.
Ms. Maureen Joseph: Mayor Suarez, Honorable Commissioners, Mr. Odio and Chief
Ross. My name is Maureen Joseph, and I live at 665 Buttonwood Lane. I am
currently one of the Bay Point representatives to the Northeast Task Force.
At this time, I'd like to invite my neighbors and merchants in the area to
please stand and show their support for this presentation. Thank you.
Mayor Suarez: You brought a small group of your friends.
Ms. Joseph: A few.
Commissioner Alonso: Yes.
Ms. Joseph: I have been present at many City Commission meetings. During the
past 38 years, my family and I have lived in the Upper East Side. I had
visited you more frequently during the past 15 to 20 years, as our area has
deteriorated physically, economically and crime -wise. Historically, we in the
northeast have always tried to work with the Commission through the system,
going back to the early days of the Miami Civic League; and, yes, as our
urgent pleas escalated with the increase of crime, you listened and you
responded, but always on a temporary basis, as is now the case. The ebb and
flow process is about to be repeated. It is time to acknowledge the facts as
they were presented in the Miami Herald article of August 17th, and I'm sure
237 September 7, 1993
you're familiar with it. The finger in the dike method and the temporary Band
Aid approach are no longer acceptable. You have been presented with our
agenda, and we are here tonight seeking your approval and acceptance of our
agenda for permanent police officers. We look forward to working with the
City in implementing our agenda for the betterment of all the citizens of
Miami. Thank you.
Commissioner. Plummer: Do we have a copy of your agenda?
Ms. Melanie Broeker: Yes, we submitted them to you but we have some - well,
we have a "final" final draft, a final update.
Commissioner Plummer: A "final" final. Ha -ha-ha.
Commissioner Alonso: What you're going to give us is different from what I
have.
Commissioner Plummer: The "final" final. Ha-ha.
Commissioner Alonso: Thank you.
Ms. Broeker: My name is Melanie Ink Broeker. I'm the Executive Director for
the Greater Biscayne Boulevard Chamber of Commerce, and a resident in
Morningside. Forty-four percent of the City of Miami's budget is allocated to
the Police Department for the City of Miami, and yet, the job is not getting
done in certain sectors of the City. Biscayne Boulevard should be a natural
for new business locations. Fifty thousand cars in a 24-hour period, the
gateway to downtown Miami and the Beaches. And yet, when I bring businesses
through the area, they reject it hands down, because of the crime and the
apparent lack of concern by the City of Miami. What do I say to a business
after four shootings on Biscayne Boulevard this summer? What do I say about
the City's concern for our safety? After the six -year -old was murdered, we
had our major anchor tenant on Biscayne Boulevard announce that they were
leaving for North Miami. A businessman who I work with, who invests heavily
in the County, said he could invest on Biscayne Boulevard, but would not in
good conscience until he could ensure that his employees and his customers
were safe from crime. This is very frustrating for a CBO (carmmnity based
organization) challenged with economic revitalization in the City. I can't do
my job until the City of Miami does theirs. The negative perception has gone
way beyond the City of Miami. We are now recognized nationally as one of the
meanest streets in the nation, and it's the City's responsibility to correct
this wrong, this stigma. If you did that, the tax base alone on Biscayne
Boulevard would benefit you greatly, and people who choose to spend their
discretionary income elsewhere would spend it in the City of Miami, rather
than outside. It's only good money management to commit to this area. In
response to a recent public outcry, the Police Department has deployed
additional temporary police to sector 20. Crime has gone down, and we are
grateful. But what happens next? In the past, crime soars, people complain,
police temporarily deploy additional resources. Crime goes down, people stop
complaining, the police pull out their resources with no permanent solution in
sight. Crime soars and creeps back in, and becomes more permanently
entrenched than ever before. This time, we want permanent solutions. We
238 September 7, 1993
request tonight from the City of Miami Commission to commit to permanent
additional police in sector 20, and provide a long -teen strategy for the
public safety and well being of their citizens, residents and merchants. We
want you to tell us here and now tonight that we are not the forgotten sector
in the City of Miami. Thank you for listening and taking the time to commit
to action tonight.
(APPLAUSE)
Ms. Ernestine Stevens: Good evening. My name is Ernestine Stevens. I'm
President of Bayside Residents Association, Vice Chairperson of the Northeast
Crime Prevention Council. We who are here tonight live in sector 20. Sector
20 runs from 36th Street to 87th Street from the bay to I-95. According to
first quarter crime statistics published by the Police Department, sector 20
has more violent crimes, more serious calls for service than any of th other
seven sectors in the City. Additionally, during this time, sector 20 -
indeed, the whole north district has the lowest allocated number of police
patrol assigned to it. This magical, mystical number that the Miami Police
Department has assigned our sector is lower than the other districts. We have
a hundred - we are allocated 108. Central is allocated 132, we're allocated
144. Now, to add insult to injury, we are the lowest below that benchmark
than any of the districts. Last year, we were 33 percent below the 108
benchmark. That's untenable. It shouldn't have been allowed to exist for
even a day. This year, we're below by 18 percent, still the lowest. What
happens? Well, the police cannot patrol our streets; they cannot secure our
safety; they cannot proactively attack crime. This minuscule number of
Miami's finest can do nothing more than run from backup call to backup call
for service. We're here tonight to ask - to demand - that you help us find a
permanent solution to this unforgiveable situation. Now, as usual, we're a
proactive community. We like to be a part of the solution. We have in the
past, and we are tonight. We've submitted to you a copy, to the Police
Department and to yourselves, of a Northeast Strategy Against Crime. it
provides in the big picture for the permanent additional deployment of police,
the deployment of additional permanent police to our area, and the formulation
and implementation of a formal, logical, long-term strategy against crime.
Specifically, we want the imTediate deployment of 15 to 18 of - 13 to 15 of
the cadet graduates to make up the deficit in our 108 staffing by September
26th. This has been promised to us by the Miami Police Department. We want
the assignment of three beat cops immediately along Biscayne Boulevard, seven
days a week. This must be a net increase. These cops should not be taken
from our district unless they're replaced by other personnel. We would like
you to deploy a POPS (Push Out the Pushers) unit long-term in our area who
will not answer calls for service, but root out the drug dens. We...
Mayor Suarez: I'm sorry, I missed the term that you used.
Ms. Stevens: POPS unit.
Commissioner Plummer: Push Out the Pushers.
Ms. Stevens: Yes. The Commissioner knows. We would like you to publish on a
regular basis the names and addresses of convicted johns on your City Channel
9 access cable station. It's got to help the ratings.
239 September 7, 1993
Commissioner Plummer: That would be interesting.
Ms. Stevens: We would like you to seek the procurement of federal funding
under President Clinton's new program to fight crime in the cities. We would
like you to retain the additional deployment in our sector now, that exists in
our sector, until formal long-term strategy against crime has been developed
and implemented, after this strategy has been worked on and the details have
been worked on by the Miami Police Department and citizens. We want the
strategy to address an increase in the police manpower of its current
benchmark of 108 to 126. So now, we're up to par. We want you to look at
crime in our area and that benchmark, because we don't think it's enough. We
know it's not enough. We want to be able to monitor crime and deployment
statistics through a Citizens Review Board. We would like a point man, a City
point man - Carlos Smith - to be the City facilitator to report back to you.
These are the salient features of the strategy. We are asking your leaders to
make a long -terns commitment to the northeast. What a novel idea. We're
asking you to help us secure our streets and our safety, to help mitigate the
negative area's reputation, to provide a window of opportunity for economic
revitalization along our business corridor. We want you to see our area, our
homes, our business district as we see it - a wonderful potential for a
strong, thriving tax base. And we're asking you to help us be a part of the
solution. We're willing. Now we want you to become involved for the
duration, and sanction our agenda and our strategy. Thank you.
(APPLAUSE)
Commissioner Plummer: There is only one problem, all the rest of the
districts are after the same thing.
Mr. Fred St. Amand: Good evening. I'm Fred St. Amand, Chairperson, Little
Haiti Crime Prevention Sub --Council. I won't say much, because after
everything you have heard, I guess you all know that we're talking about the
same thing; what affect northeast affect Little Haiti. We are here because we
are frustrated. If we don't have a permanent commitment from you all, it's a
lost case. We reach a point now where we are not asking. We feel that since
you guys work for us, we come here, we are demanding that you all, you know,
do something about it. Because, let me tell you, it is critical. We don't
need a short-term thing. We need a long-term commitment. We have to have
more police officers assigned to our sector, and as I say, whatever affects
northeast affects us, and we are a growing community. And I know you all care
and you all will do everything that you know is possible to resolve that,
because it is getting from bad to worse. Thank you very much.
(APPLAUSE)
Mr. Don Hinson: My name is Don Hinson, President of the Shorecrest
Homeowners' Association. I live at 646 Northeast 81st Street. We are here
this evening on behalf of comminities that are very diverse in ethnic
background, an area seeped in historical importance, and as important to the
well being of our great City as any other area. We applaud the City
Government, and especially the Police Department, for their dedication and
professional manner in which they carry out the demands of their job. But we
are not here tonight passing out "At -a -Boys . " We are not here tonight with
our hat in our hands. But we alarmed, angry, taxpaying citizens demanding
240 September 7, 1993
permanent solutions to a crime problem that has gotten out of hand, and
threatens to undermine and destroy our commm ni.ties, our business, and in so
doing, undermine the foundation of this City. We have looked at our City
budget, and we know that 44 percent of that budget is set aside for our
protection through effective police management and operations.
Commissioner Plummer: Forty-four? It's got: to be more than that.
Mr. Hinson: But the north district, and more especially sector 20, which we
are a part of, has the highest rate of violent crimes of any sector in the
City. Biscayne Boulevard, between 27th and 87th Street is known as a war
zone, mean street, and as already been said, that's known nationwide. Mr.
Mayor, Mr. Vice Mayor, Commissioners, Mr. City Manager, and Chief Ross, this
demand is not a question of blame. That kind of talk is counterproductive and
serves no good purpose. This demand is about a new strategy - deployment of
additional permanent police to rid our streets and community of the drugs,
prostitution and shootings that are driving homeowners and businesses out of
our area. We ask that this new strategy take effect immediately; a citizen
review board be appointed to work with the Police Department; and
implementation of that plan within 90 days. Thank you very much.
(APPLAUSE)
Mr. Bob Grill: Good evening, ladies and gentlemen. I'm Bob Grill. I live in
sector 20. I'm the immediate past President of the Greater Biscayne Boulevard
Chamber, 8101 Biscayne Boulevard. I'm the closer. I am not frustrated, I'm
challenged. I am sure you are challenged. I know our neighborhood is
challenged. And, the police have been responsive in their challenge.
However, we need immediate and permanent assistance. I've been very honored
to serve this Community as Nuisance Abatement Board member, as Affirmative
Action Review Committee Board member. This Commission appointed me to the
Northeast Task Force. And, two years ago we came to you with a common vision,
in May of 91, and you approved that. I want to thank you for your past
efforts. And, I want to tell you that I have faith in you in the future
efforts. But, I want to ask some of my friends, that I've worked with in the
Commission, what you are going to do for my neighborhood. And, I would like
to speak to you individually. I am going to take age before beauty. I would
like to ask Miller Dawkins what are you going to do for my neighborhood, sir?
Ccxtmissioner Plummer: You dirty devil!
Commissioner Dawkins: You know, Bob, it is heartwarming to see all of you
here. This is nothing new for us. We've been fighting this for, I would
say - and, I've been here for 12 years - I know we've been fighting this for
10 years. I plan to work with you, for you, to insure that pocketbooks are
not snatched. That crime is reduced. But, I can only do it if you give me
some directions. You elect me to take your tax dollars and make your area
safe - mine safe. But, the Charter says that I legislate and that the Manager
manages. I have tried to get the Manager to understand that my legislation
did not agree with his management of the policing of the City of Miami.
That's no secret. I do not understand why... that the sectors that you named
off - and I live in sector 20 too, I mean also - and, I do not understand why
with the highest incident of crime...
241 September 7, 1993
Commissioner Plummer: He is in 10.
Commissioner Dawkins: ...we have the lowest number of men. OK, but, also as
a legislator, I do understand. Coconut Grove squeaks, the oil wheel that
squeaks, gets the grease. Coconut Grove happens to be in the south sector.
The south sector got 134 people. But yet, their crime is not as - according
to the police department - their crime incident rate is not as high as mine.
So, I plan to work here, with the rest of us up here, to see that the plan
that you brought to us is implemented. I don't know how we are going to find
the manpower. But, if we find ways to do other things, I will work to find
the manpower to make the total City of Miami safe. Because, if we drive the
prostitutes, the drug dealers off of Biscayne Boulevard, they to 17t.h Avenue.
We drive them off of 17th Avenue and they go to Overtown. We. drive them from
Overtown and then I get a call to come out on Flagler and 47th. They are out
there. So, maybe we - I don't know if it is legal. or not. But, somebody
offered us a billboard to put names on. Now, I don't know if we can put them
on TV monitors. But, we can sure put the John's name on the board. And, I am
prepared to do whatever we have to do. Arid, I pledge to you, that I will work
with you to make Miami safe for my grandchildren and your children.
Mr. Grill: I'd like to ask Miriam Alonso, if you are going to support our
neighborhood?
Mayor Suarez: Mr. Grill, Comzni.ssioners, of course, are willing - more than
welcome to answer you as you decide the order of business here. But, I do
want to remind you, as much as I like you and have worked with you over the
years, that's not the way the procedure works up here.
Mr. Grill: Uh-huh.
Mayor Suarez: In any event, Commissioner Alonso, if you wish to speak at this
point, you are surely welcomed.
Commissioner Alonso: Yes, I would. Yes, it's wonderful to see the community
coming to City Hall and supporting a plan in such an overwhelming way. The
sad part is that you have to come demanding security in your neighborhood.. We
know the rate of crime in the City of Miami. And, it is in your neighborhood
as well in other areas of Miami. I am going to support the plan that you are
presenting to us today. And, you have my commitment that I will work with the
administration to make it work. Also, I'd like to take the time to present a
plan in which we will need all of you, as well as the administration, and, as
well as my fellow Commissioners, to make it work. It is a request to Dade
County - the City of Miami receives for concept of ad -valorem taxes - the
taxes that you pay in your homes, the place where you are not secure any
longer, you pay the City of Miami 117 million, approximately. You pay the
County 82 million. The County provides to the City of Miami little services.
The City of Miami provides police protection, fire protection. We give all of
the essential services that you receive as a citizen. What I am asking at
this time is that we ask the County Commission, Dade County, to respond to us,
citizens of Miami, with our own taxes. And allow us to implement a two year
pilot program to fight crime. After all, Dade County, the State and Federal
Government have their offices in downtown Miami. Buildings that don't pay any
taxes. What I am asking is a pilot program of 5 million. A grant of 5
million given to the City of Miami with the purpose to fight crime. Be
242 September 7, 1993
proactive, protect the neighborhoods and to have the experts, the Chief of
Police and the police department to assign this funding in the different
neighborhoods of Miami. The level of crime is so high in Miami that we cannot
take it any longer. When you have families telling you they've been the
victim of crime 5 times in one week. Five times in one week. Going in your
ham in the middle of the night. Taking your car, then your car caning back
to you. And, then the next day they take it again. I think that's too much.
We all know - the Chief of Police knows - we all know that something has to be
done. Why couldn't Dade County provide for a limited time, two years, this
special funding caning out of the taxes that the tax payers of Miami are
paying to Dade County. I think they have to pitch in. They are on this with
us. It does affect number one problem - industry that we have - tourism. It
does affect, the crime situation. We cannot have economic development because
of the crime situation. It has been stated a few minutes ago by Melanie,
said, they... people don't want to come and open businesses in Miami. So,
jobs are affected. And, the s fety of our children and our families is
affected as a result of crime. I think that we need the help of the County
level. And, I think that all of us, you and us, the Chief of Police, the City
Manager, I discussed this plan with him. And, he thinks it is wonderful if we
can get it passed. And, I think, my fellow Commissioners, we all should go to
the County and say this is the time. Miami has many buildings that don't pay
any taxes, still we provide services. In the past, we did provide services -
police and fire protection - to the port, they were not paying us. Then we
signed a contract with them - three years ago, I think it was - for the first
time and then they were paying us additional funding. I think it's about time
that the County say yes, I have a commitment to the City of Miami. Yes, we
are going to work with you. And, yes, we are going to approve that these
funds go to the City of Miami specifically to fight crime. And, at this time,
I'd like to move to have the support of my fellow Commissioners to instruct
the Administration to work with the County as well as all of us to lobby the
County to get this approved. I think this will be the solution. We cannot
fight crime if we don't have the funding. We need police protection in the
neighborhoods. But for that, we need money. And, I think that the way to get
it is the County, they have a commitment to the citizens of Miami. And, I
would like to move at this time that we approve the request that we work with
the Administration and the Administration in turn work with the County as well
as all of us to obtain that 5 million be provided on a pilot program to fight
crime in the City of Miami. I so move.
Mayor Suarez: So moved.
Commissioner Plummer: I tell you what, I'll second it. But, I ain't going to
hold my breath. No, I do not...
Commissioner. Alonso: Yes, yes.
Commissioner Plun mer: ...I am being honest. To go and ask Dade County to
give up some of their taxation - I think it's whistling in the dark. But, I
am willing to try. And, I think it's a good idea. Let's see. Let's let them
say no. Let's give them the opportunity to refuse.
Commissioner Alonso: And, I think that we are going to get it.
Commissioner Plummer: OK, I don't think that we are going to get it. I hope
I am wrong. God Bless me. But, that's the way it is.
243 September 7, 1993
Mayor Suarez: Are the move...
Commissioner Alonso: If these citizens of Miami think that it's right and
they go to their elected CamAssioners. And, I remember that at election
times people talk about crime and give solutions and say they are going to
provide funding. I think it's important that the County work with us. It's
not a tax that is going to... It's not a funding that it's going to be there
from here to the end of the world. It's because we have a crisis. This is an
emergency. The crime rate is so high that we need additional funding. So I
think we will be able to get it.
Mr. Grill: Yes. We'll go with you, Commissioner. We'll...
Mayor Suarez: Are you suggesting that...
Commissioner Alonso: We really need that.
Mayor Suarez: ...Wait, wait, please. Are you suggesting that the money cane
from the County general revenues or, any particular funds?
Commissioner Alonso: Yes. These taxes, they collect 82 million from the
taxpayers of Miami. Why couldn't they give us...
Mayor Suarez: Yes, they actually... They collect pretty much close to what
we collect.
Commissioner Alonso: ...something very concrete?
Commissioner Plummer: Mr. Mayor...
Commissioner Alonso: Close to what we collect.
Mayor Suarez: Close to what we collect. We only collect a little bit than a
100 mullion. And, they collect...
Commissioner Alonso: And, exactly...
Commissioner Plummer: ...if you take just the County buildings alone that
exist in the City of Miami. that are tax exempt, you would be talking that
amount of money.
Commissioner Alonso: Don't we provide services for about one million people
that come to Miami because of the offices of the County, State and Federal
Government? Well, why shouldn't we take something in return?
Camnissioner Plummer: I think we need to remember that four billion of our 14
billion is tax exempt.
Commissioner Alonso: I think it's only fair.
Mayor Suarez: Well, I don't think anybody is going to vote against a motion
like that. But, at some point we have to figure out solutions...
244 September 7, 1993
Commissioner Alonso: Well, we are going to try to work. And, I believe that
the Manager has sane funding available that he will be able to provide what
they are asking. So, I am voting with the request that they have presented.
Mr. Odio: Let me, let me say this...
Commissioner Alonso: But, I believe that the Manager has over one million
for crime.
Mr. Odio: I can provide this on the request that they have made. We met with
them. And, we are willing to provide that. And, we have agreed that we will
do that. I think they wanted to hear from you that it will be permanent, OK.
So, I don't blame them.
Mayor Suarez: Now, now, we have the interesting situation of the Manager
telling us what order we are going to proceed...
Mr. Odio: No, I didn't say that. I was saying, sir...
Mayor Suarez: ...in. Before it was Mr. Grill.
Mr. Odio: ...yes, I am going to tell Commissioner Alonso what she was saying.
Mayor Suarez: Well, why don't we let the Ccnmi.ssioners express themselves on
this issue. I think that she wants, in this particular motion, your help, Mr.
Manager, in lobbying Metropolitan Dade County.
Cc missioner Alonso: Yes.
Mr. Odio: I'll be glad to do that.
Commissioner Alonso: Thank you.
Mayor Suarez: All right. Commissioner, Mr. Vice Mayor.
Vice Mayor De Yurre: If I may. I may not be the next one to speak according
to your schedule, but I am going to jump in anyway.
Mr. Grill: Jump in, that's fine.
Mayor Suarez: As Vice Mayor, he has the prerogative.
Ccumi.ssioner Plummer: The next oldest.
Vice Mayor De Yurre: I believe like it has been mentioned here before that
money is the key to basically most solutions that we may have. And, what is
being proposed here is one method of acquiring additional funds. By no means
should that be the only method. I am sure that there are grants and programs
out there that we can apply for. And, many other ways that we can try to
obtain additional funding for programs. I believe, though, that before we can
245 September 7, 1993
go to ask for money, whether it be from the County. Whether it be fran the
State, Federal Government, through a private organization that would have
money available, we have to provide something. We have to provide a plan. We
have to show what this money would be implemented for. What it's going to be
used for. You all. have come here with recommendations as to what you feel
would be solutions. And, that's commendable. You }chow, you are coming up
with your own ideas. That's not your job, that's the police job. It's the
administration's job. It is our job to come up with these ideas but you are
taking it upon yourselves to cane up with suggestions. You all. live out
there, you know what goes on. And, who better than you to cane up with these
ideas. I don't know if the Chief has looked at this. If he has, and I would
like to have his input as to what is being proposed. But, whatever it is, we
need to continue to work in unison. It's only that way that we can accomplish
this. If we are talking about an additional 5 million, we shouldn't stop at
five. If we can get 10, we get the 10. Whatever it takes, however much money
we can obtain for these programs, I believe it's important and we should get
it. But, we need to have a game plan. We need to have something that we can
show. Something ideally that's innovative, something that people can say -
Hey, maybe that's a new way of fighting crime. Maybe that's the way of doing
it. And, it's worth putting in additional moneys. It's worth setting money
aside and going for it, one of the things, and I spoke to the group when they
came to see me last Thursday, talking about this issue, one of the things that
I believe in the six years that I've been in the City Commission, has been the
most impacting is a program which is right now in place, which is a program
wherein moneys have been set aside to have additional police officers working
overtime, but being able to supplement the existing force. By having this
overtime crew, back about a year and a half ago, we had this NEON
(Neighborhood Enhancement operation Network) program through the NET offices
and crime went down dramatically. However, we ran out of money, after
spending approximately like - if I believe it was about 400 thousand dollars
or so.
Mr. Odio: It is around... almost a million dollars.
Vice Mayor De Yurre: OK. So, once that money ran out and we couldn't have
the police officers out there, then crime started going back up again.
Tonight, and I've been talking to the City Manager, I told him that in order
for me to approve the budget that I wanted to make sure that we would have the
money set aside to continue this overtime program for the fiscal year caning
up. He has committed to me, and I guess when he commits to me he commits to
the community, that that money is going to be available so the amount of
police officers additionally that we have out there through this overtime
program are going to be there. Whether we can take this program and say we
have "X' number of additional officers through it and start applying sane of
these officers to this plan that you have, maybe that's a way of getting to a
solution. And, those are things that I have to rely on the Chief, who is the
expert, he is a professional at this, with your input, and with the Manager's
direction and moneys that he has available to put something to work. And,
what I need is - as much as I can push - I have to rely on what the Chief
says. But, I also have to rely on what you want. And, I think that together
there is a desire here to make this thing happen. And, I believe that there
is nothing more than the Chief would want to see crime go down in the City of
Miami. But Chief, you know - have you seen this plan at all, that has been
proposed here today?
246 September 7, 1993
I
21
Chief Calvin Ross: Yes, I have.
Vice Mayor De Yurre: What do you think about it?
Chief Ross: Well, let me just ramient in regard to what you were proposing.
The actual plan that we have put together, and the amount of 2.2 million
dollars which would adequately fund it, takes in account the Police
Department's plan of action coupled with the citizens in the area, their
input, as to where the problem areas are. It also gives them an opportunity
to direct police deployment in their various neighborhoods working in
conjunction with our NET teams and our neighborhood resource officers.
Currently, we have in place officers teat are working in overtime capacity in
the configuration of our impact teams that are actually out in the field being
directed by the NRO (Neighborhood Resource Officers) and the citizens that
advise the NRO where the problems are and where they would like to see police
resources of deployed, whether it is in the form of walking beats, undercover
officers, officers on bicycles, horseback, ...depending on the commmity.
Mayor Suarez: Excuse me for a second, Chief.
Chief Ross: Yes.
Mayor Suarez: When you refer to the NRO, one of the questions that I have -
one of the concerns that I have - is as much as we have decentralized the
Police Department and placed the facilities in different parts of the City
where police are found, we have yet to reach what I was hoping that we would
reach by this time, which was decentralizing responsibility so that one would
say sector 20, and you would know a name right then. When you say "NRO",
which NRO are you talking about? Give me some names. (INAUDIBLE BACKGROUND
CCTfl'S NOT E'1I'ERED INTO THE PUBLIC RECORD) No, give me names.
Chief Ross: The officers that are responsible for each of the service
areas,
the one that is responsible in the northeast is Officer Nichols. And,
Officer
Nichols has at his disposal all of the officers...
Mayor Suarez: That's the same sector that they described before
at the
beginning of the presentation?
Chief Ross: That's correct. That's correct.
Mayor Suarez: And he is, presumably, a shift officer? Or is he now
someone
that is on regular working hours or...
Chief Ross: He is assigned to that area 24 hours a day. And,
he is
responsible solely with that area. He is not...
Mayor Suarez: He is the NRO, meaning he works out of our NET facility.
Chief Ross: Out of the NET facility, that's correct.
Mayor Suarez: OK. And, he is just one individual.
Chief Ross: That's correct.
247 September 7, 1993
Mayor Suarez: But, he has no rank, he is not a ranking officer. He does not
deploy, he does not call in and say things are getting hot here, I need
additional officers, or we need to... he just...
Chief Ross: Yes, in fact, he can go beyond that. Keep in mind that he...
Mayor Suarez: But, he has no rank. He is not a lieutenant, a sergeant, a
captain, a major, assistant chief.
Chief Ross: He is not subject to those ranks.
Mayor Suarez: See, that's a mistake. That's a mistake.
Chief Ross: He reports... He reports directly to the major, which means that
he is not directed by a sergeant or a lieutenant or a captain. He is an
officer that sees the problem...
Mayor Suarez: He would have gotten me totally on the program if that
individual had a rank and he had a particular responsibility for a particular
area. And, at any time we could say that we could call him up and find out
what is going on your sector. And, of course, he is...
Chief Ross: In all due respects...
Mayor Suarez: ...a non ranking officer. I don't know why the Ad<nin.istration
did not yield on that point. It would have been a great program with that.
Still, still...
Chief Ross: In all due respect to you, Mr. Mayor...
Commissioner Plummer: Mr. Mayor, he has been there for a year. And, the
people are here today saying that they are not satisfied.
Mayor Suarez: Right, that's why I am saying that one way to do that is to say
sector 20...
Commissioner Plummer: Now, why is tomorrow... Why is tomorrow going to be
any different from yesterday? I don't understand.
Mayor Suarez: Well, if you have responsibility on an individual it would be.
But...
Chief Ross: In all due respect to you, Mr. Mayor, what you are suggesting, we
took a look at that concept along with others that have been employed
throughout the nation. And, we designed this concept which we feel has worked
out very well, and it's the best for the City of Miami. The citizens that
have worked with the NRO's are not saying that the NRO concept is not working
or that they don't like the NRO concept, they support...
248 September 7, 1993
i
Mayor Suarez: No, in fact, we get a lot of letters in support of the concept.
Commissioner Plummer: That's true.
Chief Ross: ...well...
Mayor Suarez: It would just work a lot better if the individual had a little
bit more of authority.
Chief Ross: So, the officer... The officer, once again, is not subject to a
sergeant or the chain of command. He reports directly to the major. And, he
brings to the major the problems that have been directed to him by the
citizens. So, he has authority to make decisions just as... and that regard
as the captain would be, because the captain reports directly to the major,
and so does this officer. We wanted to put an officer out there that had
hands-on experience and that with that the level. that... as a worker, as
opposed to putting a supervisor or a commander that would not be in a position
to work with the people. We needed a street officer.
Mayor Suarez: No, the alternative is to take a captain and to say to a
captain, now you have hands-on responsibility. You are the captain in charge
of this area or a lieutenant. But, you chose not to do it that way because
you looked at other cities and you chose not to do it that way. I guarantee
you it would be done differently if we had a system where the mayor made those
decisions. But, obviously we don't.
Commissioner Plummer: Well, obviously, the only way to measure ability is in
results. And, it's not there.
Mayor Suarez: It wasn't done.
Ms. Stevens: It's not there because it's temporary. The offensive that the
Chief is speaking about is temporary.
Chief Ross: No, the NRO program is permanent.
Mayor Suarez: No, we are hoping that the NRO program is permanent. As long
as it got the support of this Commission.
Commissioner Plummer: The NRO programs have been in for more than a year.
Ms. Stevens: I am talking about the deployment.
Mayor Suarez: All right, Chief. I am sorry I interrupted you when you were
doing your...
Chief Ross: Yes, I was indicating that in addition to what we have, we
currently have the IMPACT (Intensified Mobilization of Police Against Criminal
Tactics) teams operating under the NRO. The NRO along with the community
folks are directing officers to where the problems are. And, they are
deploying them on a weekly basis. The concept that we are looking to
implement would build upon that and put IlMPALT teams in each of these areas
seven days a week and would give us more police officers on the street, in an
overtime capacity, which will give us an immediate...
249 September 7, 1993
Commissioner Plummer: How can we afford it?
Chief Ross: ...infusion into the work force, as opposed to taking those...
Commissioner Plummer: Where is the deployment? 'There is none.
Chief Ross: ...same dollars in hiring officers which will take at least 10
months to a year, before you can get an experienced officer on the street.
Vice Mayor De Yurre: Chief., let me ask you this. The great concern here is
the number of police officers deployed to sector 20. Through this impact
concept, how would those numbers be affected?
Mr. Odio: Let me answer that because there are two questions I am hearing.
The Mayor before didn't want us to address that part. But, may I?
Commissioner Plummer: Thank you.
Mayor Suarez: Yes, sir. Whatever you want to address that relates to any of
the questions asked.
Mr. Odio: In which we agreed to the permanent - the permanent number of
police officers that they want - and that is, to add 15 from the Academy, has
been agreed upon. The IMPACT is above that...
Commissioner Plummer: Cesar, let me ask a question.
Vice Mayor De Yurre: And, where will that take us? When we are talking about
adding the 15 to what is there now, plus the IMPACT team.
Mr. Odio: Plus the IMPACT teams that will be used according...
Vice Mayor De Yurre: How many are we going to be talking about then?
Chief Ross: That's correct. The 15 officers will be assigned - those are the
ones that Ms. Stevens mentioned, we've met previous to this meeting...
Vice Mayor De Yurre: And, that will bring it up to what number?
Chief Ross: That will bring them up to 108, which will bring them up to the
level that they were funded for.
Vice Mayor De Yurre: OK, then how...
Ms. Stevens: Benchmark. Benchmark.
Vice Mayor De Yurre: ...how many are we going to have with the IMPACT team
that we are going to be on top of the 108?
Chief Ross: The IMPACT teams that are out there currently, gives them an
additional five to 10 officers. They are on overtime capacity and they are
used wherever the hot spots are. However, if we are talking about the 2.2
million dollars, that will give them two teams, two teams consisting of a
sergeant and five officers per day, seven days a week.
250 September 7, 1993
WCYe
Vice Mayor De Yurre: So, you are talking about an extra 12 officers?
Chief Ross: A day.
Vice Mayor De Yurre: A day. So, then we'll have 108 plus 12, we'll be up to
120, theoretically.
Commissioner Dawkins: Not necessarily, because those folks - the same 8 does
not go in the same area everyday, Mr. Commissioner.
Vice Mayor De Yurre: No, he is talking about going to sector 20.
CcFmu ssioner Dawkins: No, he is talking about the IMPACT team. The IMPACT
team does not go in the same area everyday.
Mayor Suarez: Citywide, are we saying that citywide?
Vice Mayor De Yurre: No, hold it.
Mayor Suarez: Was that citywide that you were giving that figure?
Chief Ross: The... No, that's citywide. Each district - each district...
Mayor Suarez: OK.
Chief Ross: ...will have two sergeants and 10 officers.
Mayor Suarez: OK, so that was district wide, not sector wide.
Chief Ross: Each district. Now, keep in mind, but keep in mind...
Comnissioner Dawkins: All right, how many sectors are in a district?
Chief Ross: Well, let me try to simplify it for you. When we are talking
about 20 sector, in the north end in that particular district, you have 10 and
20. The NROs direct where these IMPACT teams will be deployed along with
citizenry. If the problem is existing on Biscayne Boulevard, then it would up
to the NRO to direct the IMPACT teams to the problems there.
Commissioner Dawkins: OK, wait just a minute. You are losing me, wait. In
the north station there is sectors and what else? Zones?
Chief Ross: North end is considered overall a district.
Cammissioner Dawkins: It's a district.
Chief Ross: It's the north district.
Commissioner Dawkins: All right, how many zones in a district?
Chief Ross: In that particular district you have two sectors and each sector
you have zones.
251 September 7, 1993
Ms. Joseph: Eight zones.
Chief Ross: In 10 sector...
Cc missioner Dawkins: In plain English, how many zones in each sector?
Chief Ross: It differs. It depends on the sector.
Commissioner Dawkins: All right, in sector 101 how many districts are in
sector 10? Or whatever they are... zones, or whatever...
Chief Ross: There are... in 10 sector, there are 5 zones.
Commissioner Dawkins: Five zones. And, 20 sector...
Commissioner Plummer: Supposedly, wait, wait, so you know... Wait a
minute... Get the true answer. If there are no drop zones in that particular
night...
Chief Ross: If there are no what?
Commissioner Plummer: ...due to the lack of personnel - when you have a drop
zone you don't have five in that sector. When you go out on the street and
you don't have a sergeant - like Sunday, you didn't have a 70 sector
sergeant - it was a drop zone. You proposed to have five zones in a sector.
But, it always doesn't work out that way. If you look at the P-sheets you'll
see that continuously there are drop zones. Drop zones means they didn't have
the personnel to complete what should have been a full roster. All you've got
to do is the P-sheets. That's all you've got to do.
Commissioner Dawkins: I got all of them. I got... All right, in sector 20,
how many districts in sector 20?
Chief Ross: Eight. Eight zones, yeah.
Commissioner Dawkins: So, now you are telling me that the NRO has a right to
decide to put five men, and if you divide five men into five whatever we got,
that's one per a sector, it means...
Chief Ross: I am not following you, Commissioner. I am sorry.
Commissioner Dawkins: OK, all right. In sector 10...
Chief Ross: Yes, sir.
Commissioner Dawkins: You've got five districts.
Chief Ross: Five zones.
Commissioner Dawkins: Five zones.
Chief Ross: Yes.
Commissioner Dawkins: OK, how many men are assigned to a zone?
252 September 7, 1993
Chief Ross: It depends, we have...
Commissioner Dawkins: OK, well now give me the high and the low.
Chief Ross: ...one man car and two... One and two.
Commissioner Dawkins: Sir?
Chief Ross: One and two.
Commissioner Dawkins: All right, one and two. So, for sector one and two,
now...
Chief Ross: No, no, no.
Commissioner Dawkins: ...all right...
Chief Ross: You asked me how many officers where assigned to a zone.
Commissioner Dawkins: All right, so in sector 10, if you say two, you got 10
men assigned to sector two, and if you say one, I got five. That's your
figures.
Chief Ross: No, sir. That's not what I said.
Ccmmissioner Dawkins: That's what you are telling me.
Chief Ross: That's not what I said.
Commissioner Dawkins: That's your figure. That's what you are telling me..
Chief Ross: That's not what I said. I am sorry if that was the understanding
you got. But, that's...
Commissioner Dawkins: Look, see, Chief, I want everybody to understand that
you are trying to help and do a good job. You are not evading anything or
what have you. I want that understood. OK. So, just take your time and
let's walk through it. OK?
Chief Ross: Let me try to simplify it.
Commissioner Dawkins: OK.
Chief Ross: And, we'll just use sector 10. In 10 sector we have five zones.
Commissioner Dawkins: OK.
Chief Ross: Normally in a zone you'll have a one-man car. Unless, there are
extenuating circumstances in terms of officers... safety requirements, then we
will assign a two -man car to a zone. In 10 sector, out of the five zones, we
have two - we have one two -man zone in 10 sector.
Commissioner Dawkins: So, that's... That's two and three, that's five people
from the zone per shift.
253 September 7, 1993
Chief Ross: We have five zones, each with a car assigned and one of those
zones has two men.
Commissioner Dawkins: OK.
Chief Ross: That gives you a total of six men for 10 sector.
Commissioner Dawkins: All right. Per day? I mean per shift?
Chief Ross: Yes, sir.
Commissioner Dawkins: And, there is three shifts per day?
Chief Ross: That's correct.
Commissioner Dawkins: And, but if... But, if I get the P-sheets, I won't
have that?
Chief Ross: Well, that depends. You may not have it, yes. Because we are
not always up to full staffing. That's correct, Commissioner.
Commissioner Plummer: No, take the manpower availability. Subject to
availability.
Commissioner Dawkins: All right, thank you, Chief.
Mayor Suarez: Mr. Vice Mayor, anything further? Bob, let me tell you
something, unless Commissioner Plummer wants to say something.
ComQmmissioner Plummer: You go ahead, Mr. Mayor. I'll have my comments. Which
they know my comments though. I met with them already.
Mayor Suarez: My colleague, Commissioner Alonso, I support the entire plan.
I am willing to vote for it. I told that to my staff. The moment I received
it I looked through it, I put little check marks next to it. It made entirely
good sense, the whole thing. I would also support any efforts to get moneys
from the County. Needless to say, though, like Commissioner Plummer, I don't
have the highest hopes in that regard. By the way, I think that we ought to
make a separate effort to apply for LETF (Law Enforcement Trust Fund) funds
from the County.
Ccxnmissioner Plummer: Support it a 100 percent.
Commissioner Alonso: We have to apply for everything that is available to us.
Mayor Suarez: Yes, apply for anything that's available. Now, more
importantly and to the point. We need to make internal prioritizations that
are a little different from the ones that have been made. And, that's one of
the things that you are suggesting, because if you assum a total set of
constraints here, certain number of police officers - maybe we are not
deploying then as we should - a suggestion has been made in the past that
we've been putting a lot of pressure on this Administration the last couple of
years, with more and more intensity, and more and more success. Because, I am
254 September 7, 1993
happy to see the Chief is showing more flexibility than some prior chiefs;
that the Grove detail is excessive. You know, you walk in there at night and,
you know, just 13 - I've counted 13 and 14 officers. Some are off duty, I've
had that clarified to me. But, still, it's quite a few officers. I have
suggested something, which I don't know if it's being implemented, I haven't
seen it lately, maybe it's because I haven't been driving there, which is to
have a raised platform stands for police officers in the Grove detail.
Because they are basically surveilling, you know, a couple of blocks and just
like Calle Ocho...
Commissioner Plummer: 'I91e stands are already there.
Mayor Suarez: ...we have a million people out in the streets. Coconut Grove
can get to look a little bit like that sometimes.
Commissioner Plummer: Mr. Mayor, for your edification, the Coconut Grove Arts
Festival has those and they are...
Mayor Suarez: Yes.
Commissioner Plummer: ...stored at Taurus Restaurant and they can just be
rolled out any time they want them.
Mayor Suarez: And, the Chief promised me, personally, that he was going to
implement that. And, the Manager approved it and that would - I think -
deploy them a heck of a lot more effectively. Because...
Commissioner Plummer: We just bought these in the DDA for downtown.
Mayor Suarez: ...with .radios and the raised platforms, they can do a heck of
a lot more, frankly, than hanging around a street corner often talking to
members of the opposite sex and of the same sex. And, just generally having a
good time, as some of them have been noticed to do. And, they are friends of
mine. They are nice folks, but, you know that they are not always busy
deploying - busy combatting crime. So. I think one decision has to be made is
that some redeployment towards the Northeast has to be made. The Chief has
already suggested that he is ready to do that. And, we are ready to hopefully
provide the additional impetus. The monitoring system for the johns on
Channel 9, I think is magnificent. I would add, City Attorney, if you would
clear the legalities of this, I would add that we put the names of judges...
Commissioner Plummer: Better wait until they are convicted.
Mayor Suarez: ...that allow a prostitute of either sex, maybe like a little
matrix, you know, like a little blackboard first offense, second offense,
third offense, fourth offense and on the fifth offense a big bell should go
off, you know, that the person is released again. Like Commissioner, like
Vice Mayor De Yurre, I agree - and, I think that's what we are hearing - that
a, what I call a shock treatment plan should be initiated immediately. It is
unfortunate that it takes the conmmity getting organized and coming...
Ms. Stevens: No, no, no.
Mayor Suarez: ...out here and requesting it. But, the fact of the matter,
folks, if you haven't noticed we've talked about this over the years,
255 September 7, 1993
deployment of police in the City of Miami to some extent - to some extent - to
the extent that is variable at all, depends on demand. And, typically a
demand is done by individuals calling in. Today, you are doing it
collectively. And, our answer should be to you, if things are as bad as you
say - and, of course we have statistical indications of three or four
shootings or more than that in a short time...
Commissioner Plummer: Seventeen over the weekend.
Mayor Suarez: ...the least we can do is respond by saying we will do the
shock treatment. Because there may be an endemic situation that calls for
that. I frankly had hoped - and, one last thing that we did this morning -
you don't know about this but I bet you, if you were told that you would have
a full time City of Miami, not police officer, but employee dressed in a
uniform, in this case Parks department employee, to be at Morningsi.de Park at
all times, Saturday and Sunday, I bet you would be happy to hear that.
Because that would mean that 'there will be a little bit more supervision.
Hopefully that individual will have a radio, hopefully that individual can
call in a police radio or a portable phone. Let me add that, Mr. Manager, to
the request made this morning which you suggested could be accommodated.
Commissioner Plummer: Nothing but money.
Commissioner Alonso: All through the City of Miami.
Mayor Suarez: Yeah. And, at least... I suggest that at least 10 parks.
Because the most active parks should have a park personnel supervising there
full time. It's a dream of my Commissioner to my right of many, many years.
Let me say I agree with Commissioner Plummer. We, as civilian oversight, have
got to continue putting pressure on the experts. Because the experts are
convinced, as you heard when I had a little exchange with Chief Ross, that the
way other cities do it, is the correct way. And other cities have a lot of
police officers and police cars with high technology going around the city
with all kinds of communications equipment and our citizens are always telling
us, well, that may not be the best way to patrol. That may not be the best
way to prevent crime. I happen to believe that what is mussing from the NET
program is responsibility. We should have a pyramid. We should have police
officers answering to sergeants, answering to lieutenants, answering to
captains, answering to majors, answering to the Chief and all of that should
be units to sectors, to zones, to sectors, to districts, to the Chief. And,
by the way, I don't agree with any system that has 20 or 30 zones, unless you
have that many zones, you know.
Ms. Stevens: Eight. One with... with only one - two -men unit. I'd like to
see five to a unit.
Mayor Suarez: And, those are... Right. I would like to see a nice
simplification of a system where we have "X" number of zones and for each zone
we have one district. And, for each district, we have one police officer of a
rank in charge of that. And, we would know his name and address. We have
done a lot of that with the NROs that the Chief referred to. I think we are
the only City in the United States, where NROs - were police officers give
their portable phone and their beeper number and supposedly keep them on all
night. I've tried it a couple of time and I have been able to reach them.
256 September 7, 1993
And, they didn't know it was me calling. So, that's worth a great deal. I am
in favor of all these things. I am in favor of doing it aggressively. I wish
that we could have left, before I left office, the system which would be
totally like a pyramid, where each person would respond to someone else and we
would know at the end of the year who we can go to complain to, not only at
the zone level but at the neighborhood level. Unfortunately, we have not been
able to go quite as far as I wanted.
Commissioner Dawkins: She wants to say something, I think.
Mayor Suarez: Yes, I am going to be happy to hear her. So, we have a motion
before us on one item. I think that there is no problem with that motion
passing. But, I wanted - I don't want you to think that we are going to leave
here and saying we are going to go to the County and ask for resources.
Internally, we have got to make some of this deployment decisions...
Commissioner Alonso: And, the City Manager has funded...
Mayor Suarez: ...and further some of your ideas with additional kickers as
I've suggested.
Commissioner Plummer: Well, I've got to ask some questions on score of these
matters, because I don't think sane of them are legal. In reference to the
Channel 9, if it's legal, that's fine.
Mayor Suarez: I premised my suggestion that the City Attorney...
Commissioner Dawkins: The City Attorney check it out.
Commissioner Plummer: Mr. City Attorney, can we publish the names of those
arrested or just those that are convicted?
Ms. Stevens: Yes. Well, convicted. In Tampa, there is a prototype, Kathy
Rundle (phonetic) faxed me a copy. And, they have listed... I have no
problems with the convicted. We have enough of them. If we have their name
and address, let's be crispy clean, I don't care. I don't want us to be sued.
Commissioner Plummer: What is your interpretation of a civilian review board?
To what extent do they have authority?
Mr. Grill: We are glad you asked that.
Commissioner Plummer: Oh, yeah, because that's very important.
Mr. Grill: Where is Mr. Hinson? There are several ideas on that. We've
talked to the City Manager, he has assured us that he can provide one through
NET. But, I see a five or seven person review board, similar to other boards
that you have, where the camminity canes together with the hierachy of the
police and an assistant City Manager sits with that.
Commissioner Plummer: Is this adviory?
Mr. Odio: I...
257 September 7, 1993
Mr. Grill: I would say off hand, it would have to be an advisory boar. I
think...
Mr. Odio: Since...
Mr. Grill: ...you've done it in the past in other areas. But, the reason is
that you have to have a direct feedback loop to the police and the management.
They need to know that the community has certain concerns and problem .
Mr. Odio: Well...
Mr. Grill: And if we had that, it would have never gotten this far. Because
the folks in the Police Department right now, and the City Manager's are very
willing to...
Commissioner Plummer:
traditionally...
Mr. Odio: Well, let me...
Bob, excuse me, Bob. So that you know,
Cc mi.ssioner Plummer: ...civilian review boards around the country have been
absolute disasters. So that's what I am asking. What you are asking for, is
it a citizen advisory board?
Ms. Stevens:
Wait, it's with
respect to this strategy. We want to make
sure
that on the
non -logistical sensitive issues that we have input if one of
the
points in the strategy doesn't
work, why - and maybe we can come up with a
compromise.
We also want to
make sure, as Bob mentioned, that we do
have
input along
the way. We want
quarterly deployment and crime statistics.
So,
we know at
all points, where
we are going. Are we improving? Are we
not
improving?
Mr. Odio: Yeah, let me...
Ms. Stevens: Maybe we need to go back to plan square one.
Mr. Odio: May I?
Vice Mayor De Yurre : Are you talking about a county, Citywide or a sector -
wide only?
Ms. Joseph: This is with respect to our strategy, unless our area - but, if
it works there is no reason why it cannot be a prototype for Citywide.
Mr. Odio: I rather... As I told you, I have no problem in having a civilian
council or advisory or whatever group you want to work in the NET office with
the NRO and the civilian administrator and an Assistant City Manager to
monitor what we are doing. But, I want to have it in 11 different areas
because all areas are different from each other.
Ccmnissioner Plummer: Of course, they are.
Mr. Odio: And, the needs of the Grove are totally different than yours. Or
may be in sane cases, none. OK.
258 September 7, 1993
y
Unidentified Speaker: Excuse me, Commissioner. I mean, City Manager Odio.
We do have a board in place with the Police Department that meets once a month
Wednesday night, with the subcouncils. And, I understand...
Mr. Odio: With the subcouncil.
Unidentified Speaker: ...that I am fully aware that if you've been talking
with Major Martinez and Major Martinez has been advising you of this, that
this is an ongoing problem in all areas. Not just in your area, but in all
the areas, Coconut Grove, Northeast, Little Havana, everywhere. And, I am
kind of perturbed that certain people think that the squeaky wheel comes clean
with Coconut Grove, I don't think so. Because Coconut Grove, we are unique in
our own City, but we make it a part to work with our NET program. 'Ib insist
that our NET program take and direct our IMPACT moneys to go and get all of
these crimes done. OK, that is in place now! Now, I don't understand that
every time we have to come to a Commission meeting, that we have to worry
about this zone and that zone and this whatever zone. We have three areas -
north... we have central district, south district and north district. If the
police officers were in place, if we've had the police officers that the City
Commission would put on board, I don't think we would have these problems.
OK.
Ms. Stevens: This is... This is the Northeast forum. The implication that
we don't work with the NET office is incorrect. I don't think there is an
area that you talk to SIS (Special Investigative Section) - she talked to
Darrell Nichols - we tell him, everybody who walks down every street down
every corner. Again, this is a Northeast issue. We understand the situation
with our brothers and sisters in the other parts of the City. We are hoping,
that what we are proposing here, as far as strategy, will be that we'll have
enough of a positive impact that it will serve as a prototype for other areas,
that a new way of forging community cooperation with the Police Department
will work.
Mayor Suarez: That was a nice way to phrase it, brothers and sister in other
part of the City.
Commissioner Dawkins: Well, I am the one who said the "squeaky wheels,"
Miller Dawkins, not some people up here.
Unidentified Speaker: And, everything that has been done has always been...
it's first done in the Northeast.
Ms. Stevens: Bottom line, bottom line is that we have...
Commissioner Dawkins: OK, wait a minute, OK, wait.
Ms. Stevens: ...the highest crime and we have the lowest deployment.
Mayor Suarez: Wait, wait, hey, Corrdssioner is speaking. You two are getting
into an argument. Please.
Commissioner Dawkins: And, I am only going by what I see. OK?
259 September 7, 1993
unidentified Speaker: I am going by what I know.
Mayor Suarez: Please, ma'am.
Commissioner Dawkins:
OK. North got 108
people, of policemen, the
North
Station, OK. The Central Station got 132,
eight from 32 is 24. They
got 24
more policemen in the
central than you got
in the North. Now, in the
South
you've got 144, that's
36 more than we got
in the North. So, you are
saying
the same thing that I
am saying that if we
took the police and divided them
equally between all of
the sectors, I wouldn't have a problem, madam,
not at
all. But, I do have a
serious problem when
I live in the North...
Ms. Stevens: Right.
Commissioner Dawkins: ...and they got 108 officers and I've got the highest
crime incident and then they got 144, there is something wrong that they did
not divide them equally. Now, Mr. Manager, I'll say one more thing and I'll
be finished. I wish you would find out - you and the Chief - how to obtain
assistance from the Florida Department of Law Enforcement Officers and the
Florida Department - and the tobacco people. Once we secure an area, now, and
Major Cheetham can tell you and the Chief, once we secure the area, we have
nothing there Chief and Mr. Manager, to keep it secured. So, if we could get
three - get the Florida Law Enforcement Officers - to put, deploy two people
there to maintain it while you take the IMPACT team and clear out another area
and then get three more people. I don't know... But, see if such a thing is
possible.
Mr. Odio: Yes, sir.
Mayor
Suarez:
All right, the motion that's
before us, we can quickly dispose
of.
And then
additional motions on the
other components of the plan. Why
don't
you call
the roll on the motion to
apply for... The one before us is
just
to apply
to the County for public
funds that are available for this
purpose.
Commissioner Plummer: Ah, that's...
Ms. Matty Hirai (City Clerk): Yes, sir.
Cammni.ssioner Plummer: ...motherhood.
260 September 7, 1993
ko M
t
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-555
A RESOLUTION AUTHORIZING THE CITY MANACZR TO TAKE ANY
+ AND ALL ACTIONS AS MAY BE NECESSARY TO REQUEST AND
OBTAIN FUNDING, IN THE AMOUNT OF $5,000,000, FROM
METROPOLITAN DADE COUNTY FOR THE ESTABLISHMENT AND
IMPLEMENTATION OF A PROGRAM TO FIGHT CRIME IN THE CITY
OF MIAMI.
Upon being seconded by Camussioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Camtissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor De Yurre: Move.
Mayor Suarez: Do you want to move the plan as a whole? As... that we adopt
the plan.
Commissioner Dawkins: In principle, yes.
Mayor Suarez: Moved and seconded. Any discussion?
Camdssioner Plummer: As that it's legal by the City Attorney, of course.
Mayor Suarez: Yes, of course. Any, any legal...
Cammissioner Alonso: Sure. Nothing illegal will be done.
Mayor Suarez: ...technicalities that have to be checked, will be checked. So
moved and seconded. Any discussion? If not, please call the roll.
i
i
261 September 7, 1993
001
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION N0. 93-556
A RESOLUTION WITH ATTiP(S), APPROVING, IN
PRINCIPLE, THE PLAN ENTITLED "STRATEGY FOR CREATING A
CRIME -FREE UPPER EASTSIDE", AS ATTACHED HER010 AND
MADE A PART HEREOF, SUBMITTED COLLECTIVELY BY VARIOUS
ORGANIZATIONS FROM THE NORTHEAST SECTION OF THE CITY
OF MIAMI, FLORIDA; DIRECTING THE CITY MANAGER TO
IMPUMTE SAID PLAN, TO THE EX= PERMITTED BY LAW,
INCLUDING THE DEPLOYMENT OF ADDITIONAL POLICE
OFFICERS.
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: As to any IMPACT or NEON or quick response or shock treatment
or whatever resources, Chief, do you at this particular point need any vote of
this Commission to be assured of the budget to be able to accomplish that? Do
we need to put that in the form of a motion, Mr. Manager, or are you set on
that?
Mr. Odio: We are set.
Mayor Suarez: I presume, if you've worked it out, that you both have blessed
and somehow have found places in the budget to do it.
Mr. Odio: I feel that we have to do the IMPACT next year. That we have to
work, we get...
262 September 7, 1993
Mayor Suarez: Can you give than sane figures on that, right, that you expect
to see.
Chief Ross: Yes, yes, absolutely.
Mr. Odio: We have... He wrote - yeah, I know what he wants.
Chief Ross: The concern is being able to put an immediate infusion of
officers into the street.
Mr. Odio: But, if you would put... Please pass the resolution.
Chief Ross: But, It needs to be done not only in the Northeast but throughout
the City. The citizens of Northeast...
Mayor Suarez: OK. Well, what about the permanent deployment part of that?
Do we need to vote on that, Mr. Manager? Is that helpful to you?
Mr. Odio: Yes, yes. I think they feel better if you memorialize that.
Mayor Suarez: OK.
Commissioner Alonso: OK. So moved.
Chief Ross: The addition of up to 15 officers into the Northeast section.
That's coming; that's a done situation. If you want to vote on it, fine.
Mr. Odio: But, let... Let me...
Mayor Suarez: OK, resolution of support for that administrative decision. So
moved.
Commissioner Plummer: But, not - not in overtime.
Mr. Grill: They adopted your plan. It's in your plan.
Mr. Odio: No, these are regular police officers.
Chief Ross: Permanent officers to be assigned...
Mayor Suarez: OK.
Chief Ross: ...before the end of the month.
Mayor Suarez: So moved and seconded.
Ms. Stevens: But, that takes us up to our benchmark only.
Mr. Odio: September 26.
Ms. Stevens: Thank you.
Mayor Suarez: I know, I know. But, let's take it to the benchmark and then
we also have some shock treatments ideas. Commissioner Dawkins.
263 September 7, 1993
Commissioner Dawkins: Call the roll, and then I'll ask the Chief.
Mayor Suarez: OK. Call the roll on that. I am glad that you are following
that procedure all the way.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 93-557
A MOTION OF THE CITi'Y C=1ISSION SUPPORTING REQUEST
RECEIVED FROM RESIDENTS IN THE NORTHEAST AREA (AS
OUTLINED IN THE NOMIMEAST STRATEGY AGAINST CRIME PLAN,
SUBMITTED TO THE COMMISSION ON THIS DATE), AND
DIRECTING THE ADMINISTRATION TO DEPLOY UP TO 15
OFFICERS TO THE NORTHEAST SECTION OF THE CITY BEFORE
THE END OF THIS MONTH, WHICH OFFICERS ARE TO REMAIN
PEFMENi'LY ASSIGNED TO SAID AREA.
Upon being seconders 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.
Commissioner Dawkins: Mr. Manager, how many graduates in the class you have
now?
Mr. Odio: How many do we have? Thirty?
Chief Ross: We have 24.
Mr. Odio: Twenty-four.
Commissioner Dawkins: Twenty-four and you are going to give them 15...
Mr. Odio: Fifteen.
Commissioner Dawkins: ...that leaves you nine.
Mr. Odio: Yes, sir.
Commissioner Dawkins: The other nine will be...
Chief Ross: That'll be distributed through the other districts.
264 September 7, 1993
Commissioner Dawkins: Put between - split between the others.
Chief Ross: That's correct.
Mayor Suarez: All right, if anyone else has any other motion? If not, I
think we've done as well as we can in one evening and we'll keep trying. I
mean, we are supposed to report back to you within 60 days in accordance with
the strategic plan that you've presented. We thank you for all the work that
you've put into it.
Mr. Grill: Thank you. Thank you.
-------------------------------------------------------------------------------
52. (Continued discussion) FIRST PUBLIC HEARING ON FY'94 TEWATIVE CITY OF
MIAMI BUDGET -- CITY CCNMISSION LISTENS To AND RESPONDS TO CITIZENS,
CM,1ENI`S REGARDING PROPOSED WILAGE RATE AND TENTATIVE BUDGET. (See
label 50)
------------------------------------------------------------------------------
Mayor SuareT;: Yes, back to 40-B, Mano. Is -there anyone that wishes to be
heard on item 40-B?
Commissioner Plummer: Announce what it is.
Mayor Suarez: on the proposed millage rate which is...
Commissioner Alonso: The same.
Mayor Suarez: ...the same as last years.
Mr. Manohar Surana (Assistant City Manager): Yes, sir. Item 41.
Mr. Cesar Odio (City Manager): Mr. Mayor, what...
Mayor Suarez: Does that mean that we are finished with 40? Is that...
Commissioner Plummer: I notice people here to speak on the issue.
Mr. Surana: Yeah, we can...
Mr. Odio: On the millage, no?
Commissioner Plummer: Yeah.
Mr. Surana: We finished on 40.
Ccmdssioner Plummer: The people are not aware that was is being call for is
anyone who wishes to address the City Commission in reference to the millage
and the taxes that they are been proposed to pay this coming year.
Mayor Suarez: OK.
265 September 7, 1993
pv`
Commissioner Plummer: This is the time that the public is entitled to speak
if you so wish. If you don't, then you may remain seated.
Mayor Suarez: Sir, were you up at the microphone to be heard, or just to say
Hi to the City Manager?
Unidentified Speaker: I want to say good -by to my friend here.
Commissioner Alonso: To say hello.
Mayor Suarez: That's pathetic. All right.
Mr. Cesar Odio (City Manager): Hey, can we put... Can we put in the record
one thing, please.
Mayor Suarez: Yes, sir.
Mr. Odio: We...
Mayor Suarez: It shows of emotion here - of affection for our highest
elected, I mean administrative official. Yes.
Mr. Odio: You know he was one of the highest developers in Havana, this man.
Commissioner Plummer: Who?
Commissioner Alonso: I think the gentleman...
Mr. Odio: He developed... And...
Mayor Suarez: All right, I am sorry, sir. Go ahead and then we might hear
from the administration.
Mr. Jesus Novoa: Yes, I...
Mayor Suarez: OK, I need from the barricade crowd a little bit of silence as
you come in. I know that you are the highest expression of City involvement
in Natoma and Bay Heights and all of the areas close to Commissioner Plumner's
home.
Commissioner Plummer: Uh? Yeah.
Mr. Novoa: Yes, I just have a simple...
Mayor Suarez: All right, sir, give us the name. Give us the name please and
address.
Mr. Novoa: My name is Jesus Novoa, and I live at 3650 S.W. 19th Street. And,
basically I came down to find out...
Mayor Suarez: 3650 S.W. 19 Street?
Mr. Novoa: Yes, that's the Coral Gate area.
266 September 7, 1993
Mr. Odio: Coral Gate.
Mayor Suarez: When did you move to that area, if I may ask you?
Mr. Novoa: Very recently, in January actually, February. I used to be a Dade
County resident.
Mayor Suarez: What is your profession?
Mr. Novoa: Architect.
Mayor Suarez: So, you are a professional and is it safe to say that you are
under 40 or...
Mr. Novoa: I'm 37.
Commissioner Plummer: Is he talking of the taxes?
Mayor Suarez: That's another example, Mr. Strauss, of young professionals
moving into the City.
Commissioner Alonso: Wonderful! Where did you live before?
Commissioner Alonso: Dade County.
Mr. Novoa: I lived in the Kings Creek condamini.ums.
Mayor Suarez: Oh, bad place. All right. We are happy to have you in the
City.
Mr. Novoa: Thank you. Thank you very much. I am happy to be here.
Mayor Suarez: I didn't really mean bad. I meant far, far. You know, far.
Suburbs, we want City people.
Commissioner Alonso: City people.
Mr. Novoa: Well, I got my notice of proposed taxes recently in the mail...
Mayor Suarez: The first one from the City?
Mr. Novoa: Yes. And, it showed a 37 percent increase.
Mayor Suarez: Oh, that must be an evaluation increase because ours is zero
percent. Did you look at the breakdown? The part that says Miami...
Mr. Novoa: Yes.
Mayor Suarez: ...should show exactly the same unless your property went up in
value.
Mr. Novoa: No, no.
267 September 7, 1993
Mayor Suarez: It should be exactly the same. Actually a little bit less, no.
Because there was a little drop in the debt service millage rate.
Commissioner Alonso: The City of Miami did not increase the taxes.
Mr. Odio: It's less, it's less because we went back. We rolled back.
Commissioner Alonso: Well, remember this says if it goes up and it is never
right.
Mayor Suarez: Unless you are looking at the column that says that if we go
crazy here and increase your taxes or something. That's one of those...
Mr. Novoa: I mean, I hope I am wrong.
Cc m.issioner Alonso: Yeah, and we didn't.
Mayor Suarez: That's a scare the citizens column. It probably shouldn't even
be there.
Cc miissioner Alonso: It should be exactly the same unless your property went
up in value.
Mr. Novoa: Damn, I don't know why.
Mr. Surana: You filed your Homestead exemption?
Mayor Suarez: No actually, a little bit less because the debt service went
down a little bit.
Commissioner Alonso: Eh -eh -eh.
Mr. Odio: Mr. Mayor, I can go by mine...
Commissioner Alonso: Eh?
Mr. Odio: I can go by mine. I am paying...
Mayor Suarez: It should go down a fraction of a percent.
Mr. Odio: Yes, but by evaluation...
Mayor Suarez: Right.
Mr. Odio: Went up, substantially.
Cc m.issioner Alonso: That's what I am asking, unless...
Cammissioner Plummer: Mine went up nine point eight.
Mayor Suarez: Right, but you have a very fancy house, Mr. Manager. You have
a very fancy house too.
268 September 7, 1993
Commissioner Alonso: But actually it is the price of the house. It's the
appraisal part.
Mr. Surana: The assessment is the same. The difference...
Mr. Novoa: Oh, the difference is in the Homestead exemption. That's the
reason in the increase.
Mr. Surana: Yes. yes, right.
Mayor Suarez: What is the... Mano, why don't you read into the record his
proposed tax statement so that we know.
Mr. Surana: OK, his assessment is the same. It appears he did not qualify
for Homestead exemption, which is $25,000.
Commissioner Alonso: OH.
Mayor Suarez: Oh, the prior home owner was a homesteader?
Mr. Surana: Probably.
Mayor Suarez: You have to make that decision before April first.
Commissioner Plummer: April.
Mr. Surana: Right. That's the difference.
Mayor Suarez: You are stuck for one year.
Mr. Novoa: Stuck for one year.
Mayor Suarez: Stuck for one year.
Commissioner Alonso: And, actually he moved in January, I think...
Mayor Suarez: Your - the person that sold it to you, they told you that was
going to be your taxes - I don't know why he would have missed the Homestead?
Anyhow...
Mr. Novoa: No, I think, I think I can...
Commissioner Alonso: Because he did not apply. And, he is the new owner.
Mr. Novoa: ...probably still apply before the end of the year right.
Mayor Suarez: But, you should have been able to take the benefit of the prior
person.
Commissioner Alonso: The advantage until March.
Mayor Suarez: Yeah.
Commissioner Alonso: But, he had to apply for it.
269 September 7, 1993
Mayor Suarez: You have to be careful, the first time that the Homestead
exemption went into place, if you didn't - you weren't aware of the fact that
you had to file by a certain date. Sometimes you didn't get the benefit of it
automatically if you were a co-owner of property, a joint owner. But, that's
not your case either.
Mr. Novoa: I see.
Mayor Suarez: So, next year your taxes - well, in your case, next year if you
claim the Homestead exemption by the first of April and you fulfill all the
requirements of that which means that has to be your principal residence in
Dade County, you'll actually drop about the same percentage unless we increase
taxes and hopefully that won't happen.
Commissioner Plummer: Not 37 percent.
Mr. Novoa: Well, yes, I am just...
Commissioner Alonso: But, you know I am surprise that his attorney didn't
take care of when he acquired the property. They usually handle that and...
Mr. Novoa: Yeah, that's who I am going to speak to now. I don't think this
is a Commission issue now. But, now - you know - maybe it's just the
exemption, that's different that...
Commissioner Alonso: It's the exemption that you didn't get.
Mr. Novoa: OK.
Commissioner Alonso: But, be certain that you apply for that next year.
Mr. Novoa: Yeah.
Commissioner Alonso: As a matter of fact, I think that he can do it now and
it will be effective next year.
Mayor Suarez: Check with the tax appraiser...
Commissioner Alonso: Check that because they have a form that you can
complete now and it will be in effect later on. Maybe it still is available.
Mayor Suarez: And, who knows it may be... Yeah, maybe there is an
exemption...
Commissioner Alonso: Yes.
Mayor Suarez: ...by which somehow you can came into the tax year that begins
October 1, somehow. Because...
Commissioner Alonso: No, for that he will not.
Mayor Suarez: It doesn't sound like you can. But...
270 September 7, 1993
Commissioner Alonso: But, for next year, yes.
Mr. Novoa: OK.
Commissioner Alonso: But, he has to apply.
Mayor Suarez: But, suppose someone over there - there is always an exception
to every rule. Suppose someone over there lost your exemption application or
something or made a mistake. Maybe they should have reflected that you did
have the right to an exemption. You ought to check with them.
Mr. Novoa: Yeah, I am going check with tax appraiser's office?
Mayor Suarez: Yes.
Cannissioner Alonso: Yes.
Mayor Suarez: And, you may have to file for a hearing. If they do that, they
have a hearing examiner. You don't need an attorney. Don't pay any
attorney's, that's my colleagues. Just go yourself and explain your
situation...
Commissioner Alonso: He is killing them.
Mayor Suarez: ... if you are right - yeah, I am txying to kill the attorneys
here.
Commissioner Alonso: Free advice.
Mayor Suarez: If you are right, you may just go ahead and get your revision.
Mr. Novoa: OK.
Mayor Suarez: I don't think it's too late for that.
Mr. Novoa: Thank you.
Mayor Suarez: Anyone else on item 41?
Commissioner Alonso: Maybe he gets lucky.
Mayor Suarez: Yes, sir.
Mr. Sam Aguilar: Mayor Suarez, Commission, my name is Sam Aguilar, I live at
3667 South Miami Ave.
Mr. Odio: He is not... I am sorry, sir. This is not the subject yet. It'll
be later.
Mr. Aguilar: It'll be later. I thought this was 49.
Mr. Odio: Yes, sir, this is the budget now. When they take up the red
shirts, that's when.
271 September 7, 1993
Mayor Suarez: Are you with the barricade busters or the red shirts...
Mr. Aguilar: Yes, and the traffic light in Halissee Street.
Mayor Suarez: Ah, OK. We'll get to that in a second.
Mr. Odio: It's one of the...
Carmissioner Alonso: Oh! That's later. Now it's taxes. People are not
complaining taxes didn't go up.
-----------------------------------------•-------------------------------------
53. FIRST READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS FOR
CITY OF MIAMI FOR PURPOSE OF TAXATION -- FIX MILLAGE AMID LEVY TAMES FOR
FISCAL YEAR OCTOBER 1, 1993 - SEPTEMBER 30, 1994.
------------------------------------------------------------------------------
Mayor Suarez: OK, on item 41. Anyone? If not, Mano, what's the next item of
business.
Ccmanissioner Alonso: Your wife is complaining.
Mayor Suarez: Yeah, I can see my wife is ready to be part of...
Mr. Manohar Surana (Assistant City Manager): We have to adopt the millage.
We are adopt item 41. Adopt the first reading on millage ordinance.
Conmissioner Alonso: And she has a red shirt. So, you better be careful.
Mayor Suarez: As long as she didn't complain about taxes. Yes, Mano.
Mr. Surana: Mayor, we need to adopt the millage ordinance which is item 41.
Mayor Suarez: I am sorry.
Mr. Surana: We need to adopt the first reading on the millage which is item
41.
Commissioner Alonso: OK.
Mayor Suarez: All right, I'll entertain a motion on adopting the millage rate
as proposed.
Commissioner Alonso: I so move, exactly as last year.
Mr. Surana: Correct.
Mr. Cesar Odio (City Manager): The same as 8 years.
Cammissioner Alonso: No increase. It's a little bit lower than last year.
Mr. Surana: The debt service is down, yes.
272 September 7, 1993
CamTdssioner Alonso: So, I am pleased to vote.
Mayor Suarez: So moved.
Camiissioner Alonso: Second.
Mayor Suarez: Commissioner Plummer seconds.
Commissioner Plummer: No, no, no, no.
Camu.ssioner Alonso: Why not? You want to increase it?
Mayor Suarez: Commissioner Plummer seconds. Camtissioner... Vice Mayor De
Yurre seconds. We need a second.
Co mtissioner Plummer: Camdssioner Plummer is voting against the budget.
Mayor Suarez: Call the roll.
Commissioner issioner Alonso: But, this is not the budget. This is the millage.
Mr. Surana: It is the millage.
Ca Ussioner Plummer: The millage is the same as the people are paying more
taxes. I am paying more taxes, other people - and I don't think that the
people of this City are getting the value that they deserve.
Cc m issioner Alonso: Wait, for...
Cacmissioner Plummer: I am voting against it.
Mayor Suarez: All right.
Cc m issioner Alonso: But, this isn't realistic because it has gone dawn.
Mayor Suarez: Call the roll, please.
Ms. Matty Hirai (City Clerk): It's an ordinance, Mr. Mayor.
A. Quinn Jones III, Esq. (City Attorney): It's an ordinance.
Comussioner Alonso: It's down. The taxes are lower.
Mr. Surana: Thirty-six million.
Ccnrdssioner Alonso: Yes.
Mayor Suarez: Please, please, please. Don't argue from your seats, if you...
You had an opportunity to speak and you didn't. Counselor.
Ccmmissioner Alonso: Yes.
Commissioner Plummer: I told you. I told you that I wasn't going to vote.
That's what I...
273 September 7, 1993
AT THIS TIME THE CITY ATTORNEY READ THE ORDINANCE IN10 THE RECORD BY TITLE
ONLY.
Mayor Suarez: Call the roll please.
Camussioner Alonso: Yes, but before you do that, I'd like Mr. Mano Surana to
explain to the citizens here that the taxes in the City of Miami have not
increased, but, the millage is lower than it was. The same, but the debt is
lower. Would you explain this to them so that they will understand that taxes
are not going up.
Mr. Surana: Yes. The millage... The millage for last year was 11.9303.
What we are proposing is 11.8121 which is .1182 lower than last year.
Commissioner Plumper: You know it is very difficult...
Commissioner Alonso: Don't think they don't believe you.
Cammissioner Plummer: ...excuse me. It's very difficult for me and it
happens to be a correct statement that the millage has not changed. All
right. That's an absolute guaranteed statement is true. But, you know what,
my personal taxes went up $600.00.
Mr. Odio: But, what you are not saying...
Commissioner Plummer: My neighbor across the street went up $2000.00. You
try to convince that neighbor, that his taxes didn't go up. His millage
didn't, but his taxes went up.
Mr. Surana: No, because of County and...
Mr. Odio: Let me answer something, Commissioner. Let me.
Commissioner Alonso: Tell them why, the County did it to them.
Commissioner Plumper: Excuse me.
Mr. Surana: County. The School Board and County.
Commissioner Plumper: I am not saying the City did it.
Mr. Odio: But, why don't you tell them who did it?
Commissioner Alonso: Yes, but they should know the truth.
Commissioner Plumper: I'm not saying that the County - I have fully said and
will continue to say, the County is assessing us in the City because they had
to lower the taxes in the south end because of the hurricane, and we are being
asked to pay for it, and that's where I'm fed up.
(APPLAUSE)
Commissioner Alonso: Exactly.
274 September 7, 1993
i
Commissioner Plummer: I congratulate my Administration who have been able to
hold the millage as is for five years or six years.
Mr. Odio: Eight years.
Cammiissioner Plummer: Eight years. But the problem is, is when the County
needs more money, they just up the assessments.
Com»i.ssioner Alonso: Of course.
Commissioner Plummer: Up the assessments.
Mr. Odio: But vote against the County.
Commissioner Plummer: Well, I'm going to do likewise.
Mr. Odio: But that's what people should know. People should know that. And
we have less money in 1994 in dollars...
Mr. Surana: Six million dollars ... six million dollars...
Mr. Odio: ... than we had in 1985. And we want more police officers, we want
more pick up of garbage and more fire fighters.
Commissioner Alonso: But they should go to the County and let the County
Commissioners know...
Commissioner Plummer: That's where the real thing is.
Commissioner Alonso: ... that this is happening.
Mr. Surana: And the School Board, too.
Mr. Odio: And the School Board goes up every year.
Commissioner Alonso: And the School Board.
Vice Mayor De Yurre: OK. Do we have a motion?
Commissioner Alonso: Yes.
Commissioner Plummer: Well, excuse me. You've only got three present, and
you know I'm voting against.
Commissioner Alonso: We better get...
Commissioner Plummer: I think you better wait.
Commissioner Alonso: Let's move to something else, and then we came back to
this.
Vice Mayor De Yurre: OK. We got number 42, item 42.
Mr. Cesar Odio (City Manager): Forty-two.
275 September 7, 1993
Ccmrmissioner Plummer: Can we jump over?
Mr. Odio: You can do 42 without the millage, can't you?
Mr. Manohar Surana: I guess so.
Cc mi.ssioner Plummer: You can do 43.
Vice Mayor De Yurre: Forty-three?
Mr. Odio: Turn it down, DDA (Downtown Development .Authority).
Commissioner Plummer: Fine with me. You ain't hurting my feelings.
Vice Mayor De Yurre: We have a motion.
Commissioner Plummer: This is mandated by State law. It is a half of a mill
for DDA, and that's for the downtown business people who pay that millage from
their own designated boundary areas. I move 43.
Vice Mayor De Yurre: Moved. Second.
Cammissioner Plummer: Well, excuse me. You got to announce there's no
increase.
Ms. Matty Hirai (City Clerk): Excuse me. Can we call the roll on 41?
Because it will be less of a mess. We didn't call the roll on 41.
Mr. Surana: No, they got to do 41 first.
Mr. Odio: You have to do 41 first.
Vice Mayor De Yurre: We want to go back to 41 now?
Mr. Surana: The Mayor is here.
Ms. Hirai: To call the roll on 41 first.
Commissioner Plummer: Forty-three can be done.
Vice Mayor De Yurre: OK. Then we have a motion and a second on 41.
Ms. Hirai: Yes, sir, and the ordinance was read.
Vice Mayor De Yurre: OK. Do we read the ordinance?
Ccminissioner Plummer: On 41?
Ms. Hirai: Yes.
Mr. Jones: It's already been read.
Ms. Hirai: Yes, it's been read.
276 September 7, 1993
i
Vice Mayor De Yurre: OK. Then call the roll.
Commissioner Plummer: You didn't do 40. You haven't done 40, have you?
Mr. Odio: Yes.
Mr. Surana: We've done 40, yes.
Ms. Hirai: Forty-one. It was read, sir, and moved.
Mayor Suarez: Yes. Which needs discussion.
Mr. Surana: Discussion.
Commissioner Plummer: Oh, OK. On 41 I vote no.
(Roll call continued at that point)
AN ORDINANCE ENTITLED -
AN ORDINANCE DEFINING AND DESISTING THE TERRITORIAL
LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF
TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1993 AND ENDING SEP'I'EMBER 30, 1994;
CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Alonso and seconded by Vice Mayer De
Yurre and was passed on first reading, by title only, by the following vote:
AYES: Commissioner Miriam Alonso
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J.L. Plummer, Jr.
ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
277 September 7, 1993
------- ----------------------------------------------------------------------
54. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED FIRST READING
ORDINANCE TO MAKE APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTE3MBE2 30,
1994. (See label 56)
------------------------------------------------------------------------------
Mr. Surana: Forty-two, adopting the budget.
Mayor Suarez: Item 42.
Vice Mayor De Yurre: Move.
Mayor Suarez: Moved by Vice Mayor De Yurre.
Mr. Cesar Odio (City Manager): We're going to amend it with the impact, the
shock treatment for the Police Department. And we'll bring that back, and the
Parks Department, was that -
Mayor Suarez: Thank you.
i Mr. Odio: We'll bring that back in the second reading, Mr. Mayor.
Commissioner Plummer: Well, let me ask a question, because one of the reasons
I'm voting against the budget is because of the fact, as you know, of my long-
standing problem with the deployment in the Police Department.
Mr. Odio: That's what we're trying to do now.
Mayor Suarez: Maybe you can vote for the second ordinance.
f Commissioner Plummer: No, you're not. You're talking about overtime, and
that's what bothers me. We're now in the position of $5,000,000 in overtime.
Now, has much more are you going to put in overtime? You know, the people
that are sitting in this audience, I would ask right now, how many of them are
more concerned about the streets they live on, or policemen out in Biscayne
Bay. How many people who are here are more concerned about the streets they
live on than having policemen out on Virginia Beach, OK? These are the things
that concern me and have concerned me all the way along the years.
Mr. Odio: And we have done as much as we could to comply with your request.
If you look at the budget book, you'll see the deployment has been changed.
Commissioner Plummer: Sir, you have 18 policemen who are writing accident
reports, which can be done by PSA's (public service aides), and you haven't
changed it. Now, you're continuously going into overtime, overtime. And I
got to tell you, no more is it acceptable to me to take and throw more money
and more manpower, which has been the traditional excuse around here. Now,
YOU can do what you want, but I'm telling you where I stand.
(APPLAUSE)
Mayor Suarez: Moving item 42.
278 September 7, 1993
1
Vice Mayor De Yurre: I'll second it.
Mayor Suarez: Moved and seconded. Any discussion? If not, please read the -
any further discussion? If not, please read the ordinance.
Mayor Suarez: Call the roll, please.
Mr. Odio: No, it changed this afternoon, the overtime.
Vice Mayor De Yurre: The Mayor seconds.
Ms. Hirai: Mr. Mayor, Vice Mayor De Yurre moved it, and I would need a
second. He moved it.
Mayor Suarez: I thought - OK. I'll second.
Ms. Hirai: You second sir. Thank you.
THEREUPON MOTION DULY MADE BY VICE MAYOR DE YURRE AND
THiEREUPON SECONDED BY MAYOR SUAREZ, AGMM ITEM 42 FOR
APPROVED OF THE ITEM AS PRESENTED ON THE A MMA. FAILED
BY THE FOLLOWING VOTE.,
AYES: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J.L. Plummer, Jr.
Commissioner Miriam Alonso
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: For the same reasons, I vote no.
ANTS MADE AFTER ROLL CALL:
Mayor Suarez: We have a two to two tie.
Ms. Hirai: It dies, it dies.
Mayor Suarez: We have no budget. Therefore, the City
of Miami comes to a
hault.
Vice Mayor De Yurre: OK. Then we go hone right now. Is
that it?
Mayor Suarez: There is no budget for the rest of this
meeting. You know,
this happened in federal court the other day, I want you to know, in a case
involving the City of Miami. They literally did not have
money to choose a -
to pay the jury that would be chosen in the case.
Ccrrmi.ssioner Alonso: No, no, Miller is not here.
279 September 7, 1993
Mayor Suarez: So we'll - no - but seriously, we'll table the item for a few
minutes, in the hope that we can get a third vote. Right now, we have a two
to two tie. In the meantime, we're going to the item that was specially
scheduled for 7:00 p.m., was it not?
Commissioner Plummer: Well, can we finish the rest of this?
Mayor Suarez: I have decided that since we have a two to two tie, and unless
there's sanething inappropriate about it, we may as well handle this item. We
can argue about...
Commissioner Alonso: I think so, yes.
Commissioner Plummer: Oh, fine. All right, sir. Fine, sir.
Mayor Suarez: Thank you.
-------------------------------------------------------------------------------
55. DISCUSSION CONCERNING IMPIMTATION OF THE TRAFFIC CONTROL PLAN "S"
BAY HEIGHTS AND NATOMA MANOR AREA -- DIRECT ADMINISTRATION TO: (1)
REMOVE TEMPORARY BARRICADES ACROSS SAMANA DRIVE AND AT-ATKA STREET AT
INTERSECTION WITH SOUTH MIAMI AVENUE; (2) ACCEPT MERCY HOSPITAL'S OFFER
TO FUND PATROLMEN AT STRATEGIC POINTS TO DIRECT TRAFFIC, EM.
-------------------------------------------------------------------------------
Mayor Suarez: All right. Who do we hear from on the issue of Natoma and Bay
Heights and the temporary barricades plan? Sir, you had gotten up to the
microphone before, and you almost got a chance to speak, and then - and Madam
Lucia Dougherty, former City Attorney here.
Vice Mayor De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Mr. Vice Mayor.
Vice Mayor De Yurre: As a matter of convenience, this is going to take a
while, needless to be said, and there may be some people here that are just
here because of the budget. If we go into this, it will take an hour. I
think it wouldn't be proper to have all these people wait that just came for
the budget.
Camiissioner Alonso: Ask them. I think most people are here for the...
Mayor Suarez: Well, then, I'll cross that bridge when we get there. if
Commissioner Dawkins...
Vice Mayor De Yurre: OK. Well, I'm saying, if we can go back as soon as
Commissioner Dawkins canes, then we can just revert back to the budget.
Mayor Suarez: Sure. We may be able to do that, at least as to that
particular item, surely. I haven't heard anybody yet protest that they want
to hear the rest of the budget argument. I think they're just waiting to see
280 September 7, 1993
if there's a tie or not. Madam Lucia Dougherty, is there - counselor, is
there a way you can assure the people that are on your side of the issue, that
you and a few designated speakers can handle pretty much all of the issues, so
we don't - I mean, some people may not know. I don't know if this gentleman
is for it or against. But, for example, he may not know...
Unidentified Speaker: I'm from Carol Manor.
Mayor Suarez: ...Carol Manor, right.
Ms. Lucia Dougherty: He's interestED in the light.
Mayor Suarez: I remember now your petition, which I answered with a letter.
Unidentified Speaker: Correct.
Mayor Suarez: OK. So, you know, you might want to please help to be a
traffic cop on your side, and on the opponent's side, do we have any leading
organizer or attorney that is on the side of being in favor of the barricades
that can organize the people in favor? Do we have anyone here that is in
favor? (INAUDIBLE STATE ERr) OK, in the back, and counselor... OK. All I
ask is...
(INAUDIBLE STAZEMEW MADE BY UNIDERrIFIED SPEAKER)
Ms. Dougherty: It doesn't matter which neighborhood.
Mayor Suarez: ...In your case, it may not be as much of a factor, because you
may have a limited number of speakers, but I see that the opponents here are
pretty organized, and I just want to make sure we don't hear it over and over
again because people want to have their name in the record. Thank you. Yes.
Ms. Eleanor Simpson: Are you talking...
Mayor Suarez: Yea , including the Association. I'm sorry, I forgot that you
were there.
Ms. Simpson: Natoma Manors Association.
Mayor Suarez: Natoma, yes.
Ms. Simpson: Is that the one you want to hear from? Does it matter?
Mayor Suarez: Well, I need you to get closer to the mike when you speak.
Ms. Simpson: OK. Excuse me.
Mayor Suarez: That's a very important inquiry. I need to clarify that. Your
name, once again, and the association you represent?
Ms. Simpson: My name is Eleanor Simpson. I live at 3303 Halissee Street, and
I'm the President of Natoma Manors Homeowners.
Mayor Suarez: OK. Did we schedule the whole neighborhood? Did we schedule a
reevaluation of both... Plans A, B, and C?
281 September 7, 1993
Mr. Cesar Odio (City Manages): We scheduled the whole thing, Mr. Mayor.
Mayor Suarez: The whole thing.
Mr. Jim Kay: Mr. Mayor, this is a resolution ratifying the actions of the
City Manager and his emergency findings.
Mr. Odio: That one is first.
Mr. Kay: That's what this resolution is.
Mayor Suarez: Oh. But that's what we scheduled. Yes.
Mr. Kay: That's what was scheduled.
Mr. Odio: That's 49, now...
Mr. Kay: It's 49.
Mr. Odio: And then we scheduled "A," "B," and "C."
Mr. Kay: Right,
Mayor Suarez: Which are?
Mr. Odio: That Mr. Weinstein, to discuss the barricades in Bay Heights and
Samana Drive, representatives of Bay Heights and Natcma Manor who are in favor
of maintaining the traffic restrictions in the area; and then the Mercy
Hospital, recommending...
Mayor Suarez: Mr. City Attorney, would you say, in view of that, that - in
view of the fact that we had hearings and a lot of these parties spoke, that
it was pretty clear that we're going to be looking at the whole project, the
whole demonstration plan here, test...
Mr. Odio: I would prefer that you do so.
Mayor Suarez: OK. No, I'm just wondering if we're OK within the legalities
of the notice that - all right. We'll hear the whole shebang. Obviously,
Natcma Manor is going to want to be heard, if this Cammission is otherwise
inclined to change drastically what we've been doing up to now. But why don't
we let Lucia, since she was at the mike - either way - I don't really mind if
you want to speak first.
Ms. Simpson: Is she from - are you living - do you live in Bay Heights or
Natoma Manors?
Ms. Dougherty: I'm an attorney representing those that are opposed to the
barricades.
Commissioner Plummer: Mrs. Simpson, we can't hear you.
Ms. Simpson: Oh. Beg your pardon?
282 September 7, 1993
Commissioner Plummer: Would you ask your question in the microphone so we
can...
Ms. Simpson: I was asking her if she lived in Natana Manors or Bay Heights.
Commissioner Plummer: She's a hired gun for the Bay Heights people. She's an
attorney.
(APPLAUSE)
Ms. Simpson: Oh. We were supposed to bring attorneys? I didn't know that.
Mayor Suarez: This is not one of those programs where you have a sound meter
or whatever you call that. Please, please. We are going to keep this very
elevated. Ms. Dougherty, then, proceed.
Ms. Dougherty: Thank you. Mr. Mayor, Members of the Camnission, Lucia
Dougherty, with law offices at 1221 Brickell Avenue. I'm here today
representing all those folks who are opposed to the barricades, and want the
immediate taking down of all of the barricades. With me, I have a map of
those residents of the Bay Heights Association who are opposed to the
barricades, and the signatures of over 500 people - excuse me - 300 people who
live in that neighborhood association who are opposed to the barricades.
Mayor Suarez: When you say 300 people, that would not mean like in every
household, you know.
Ms. Dougherty: There could be more than one, yes.
Mayor Suarez: But adults?
Ms. Dougherty: All adults.
(INAUDIBLE COMMEND)
Mayor Suarez: OK. Please, please, you can argue later that it includes same
of the youngsters.
Ms. Dougherty: These are all adults. There may - but everyone who lives in
Bay Heights is affected by this.
Mayor Suarez: Right.
Ms. Dougherty: It's not just the one person who lives in the house. It's
everybody who lives in the neighborhood is affected by it and has expressed
their opinion vis-a-vis this petition.
Commissioner Plummer: Just for edification, Mr. Mayor, there is, I am told,
it's 187 households in Bay Heights.
Mayor Suarez: OK.
Commissioner Plummer: How many people that involves is a different story, but
there's 187 houses.
283 September 7, 1993
w*
Ms. Dougherty: And we have the - over 80 folks have from each - 80 residents
have signed that petition, and 80 residents are reflected on that map. And at
the time, the Bay Heights Homeowners' Association also sent out a circular
asking for a survey of the folks who live in Bay Heights, who are members of
the association, what they felt about either plan, and the survey came back
overwhelming - that is, 59 to 21 - against the barricades.
(APPLAUSE)
Commissioner Plummer: Of fifty percent...
Commissioner Plumper: Of 50 percent of the people were voting.
Ms. Dougherty: That's right.
Ccmmissioner Plummer: Correct?
Ms. Dougherty: Absolutely.
Commissioner Plummer: Only 50 percent of the households were voting.
Ms. Dougherty: Yes.
Commissioner Plummer: OK.
Ms. Dougherty: That's true in both neighborhoods, before the original vote.
Commissioner Plummer: That's about correct, from what I was told.
Ms. Dougherty: Now, the question was, "Are you opposed to Plan A or Plan B?"
And I think that Plan A absolutely has to be off the drawing boards at this
time, based on the City Manager's recommendation and his memo, which I'm just
going to read:
"I have personally investigated and concluded, and the Director of
Public Works Department has verified that access for emergency
vehicles or residents' emergency trips are unreasonably delayed by
the barricades across Samana Drive and Alatka Street, and the
increased traffic volumes on South Miami Avenue and South Bayshore
Drive, due to these closures. Additionally, the Administration
has received complaints from medical doctors regarding delays in
response time to emergency calls at Mercy Hospital."
I think at this point, you can pretty much allay any fears that anyone has by
going back to Plan A. It's absolutely, under the Manager's recommendation,
out of the question. The question now is...
Commissioner Plummer: Lucia, let me only make one record clear, and I think
this has to be said, because a lot of people are not aware. When this matter
first came before this Commission, we turned it over to Public Works, and
there were six people from Bay Heights that were selected to serve on a
camuttee, and there were six people from Natoma who were selected to serve on
a committee. The recommendation before this Commission - it was not Public
284 September 7, 1993
Works, it was not this Commission, and it wasn't J.L. Plummer - it was the
recommendation of those 12 people to try Plan A for 60 days, try Plan B for 60
days. This Commission concurred with the recommendation of the so-called
designated representatives o Bay Heights, and the designated representatives
of Natoma. So let's put that on the record that this Commission didn't come
up with this idea, I didn't came up with this idea. The people who served on
that committee came up with this idea.
Ms. Dougherty: You're absolutely right. And at this time, we have said we
have tried both of them, and we want both of them scuttled at this point. We
can't accept either one of them.
(APPLAUSE)
Mayor Suarez: You've never had such a popular posture up here, in the eight
years that I've seen you.
Ms. Dougherty: You're absolutely right. I love this! This is great. I'm
going to get these people to come at all my hearings.
Mayor Suarez: You might not agree with all the other things she argues up
here, I want you to know.
Commissioner Alonso: Yes.
Ms. Dougherty: Anyway, with respect to Plan B, Natoma Manors will probably
say to you they'll accept either one, because they are concerned about traffic
and crime in their neighborhood, and that is certainly something that we are
sympathetic to, because we have the same problems. But Natoma Manors doesn't
have the same situation that we do in Bay Heights with Plan B. The only
access that we have is on Bayshore Drive or South Miami Avenue. That is it.
Whether we go to work, or whether we go downtown to work...
Commissioner Plummer: The only access we have is 17th Avenue.
Ms. Dougherty:... or we go to Coral Gables, the only access out of our
neighborhood is on South Bayshore Drive or South Miami Avenue. That's unlike
in Natoma Manors, where they can go to 17th Street, they can go to U.S. 1, or
they can go to Bayshore. They have their choice, we don't have a choice. We
are, like somebody said, a little nest. We are totally isolated. The only
access. Let me just...
(APPLAUSE)
Commissioner Plummer: Excuse me. Just to keep the record clear, because I
don't want, you know, people making statements that are not true. The Natama
Manor people only have access by 17th Avenue.
(APPLAUSE)
Commissioner Plummer: They cannot...
(APPLAUSE AND BOOS)
285 September 7, 1993
Commissioner Plummer: They can access...
Mayor Suarez: You know, factual statements can be wrong or right, but you
don't need to boo them. I mean, sooner or later, we'll clear up if there is
more than one way to get out of Natcma Manor.
Commissioner Plummer: There are three accesses to Natcma Manor: Micanopy,
Tigergtail and Noc-A-Tee. They are the only three accesses that you can get
into; you can get out Halissee. But those are the only three on 17th Avenue.
Ms. Dougherty: Well, let me...
Unidentified Speaker: We only have one.
Commissioner Plummer: I'm sorry? You have two, with a traffic light.
Unidentified Speaker: We have one access.
Unidentified Speaker: You have two. You have two.
Commissioner Plummer: You have two, sir; Alatka and Samana.
Mayor Suarez: Please, please. Wow. Folks, you know, if the Cammi.ssioner
makes a proposition, and if it is not one that you agree with factually or
opinion -wise, let him make it. I assure you that sooner or later, somebody up
here is going to contradict it, because even the ones that are self-evident
are contradicted up here constantly. So, please, just let the debate take its
course.
Ms. Dougherty: I just want to give you some specific examples of the hardship
that our folks are going through. There is a lawyer who has a child in Bay
Heights. She now has to pay $2,000 a year more for bus service, because she
can't car pool anymore, because the mothers from outside of Bay Heights refuse
to go in there and pick up the children and deal with that traffic.
(BOOING)
Mayor Suarez: Please, please.
Ms. Dougherty: We have a woman who is - and the children, by the way, who do
take the bus now cane back home a half hour later than they did last year,
which means that the children who want to go to Coral Gables Youth Center, or
ballet, or some other recreational activity towards the west cannot go out of
there the same time they could last year, which means they're caught right in
the middle of traffic on South Bayshore Drive or South Miami Avenue, at the
time that they want to cane out of school. We have folks who have to work in
Jackson Memorial Hospital, who are thinking of quitting their jobs rather than
having to hassle with this traffic. We have ballet studios to the west, youth
centers, all kinds of activities for the children that they cannot reach
because of the traffic situation, and it's really working a hardship on our
neighbors. We feel completely isolated. Now, here's the solution, as we
think. We think that you should immediately take down the barricades, all of
them. We think that you...
286 September 7, 1993
N
(APPLAUSE)
e
Ms. Dougherty: Mercy Hospital was here and directly affected - excuse me.
Mercy Hospital is here tonight and is directly affected by this barricade
situation, has agreed to do the following. They have agreed to fund a traffic
study which would include this entire area, and they would cane up with some
ultimate, and final, and correct solutions in terms of the traffic. They have
also agreed to fund the widening of South Bayshore Drive, if necessary, if
that's what 'the traffic study requires.
Cammissioner Plummer: You can't please everybody.
Ms. Dougherty: They have also - and this is the most important thing - they
have also agreed to fund an off -duty police officer that will patrol both
neighborhoods until this traffic study is completed and a final solution can
be worked out. So we are asking you at this time to take all barricades down
and to work through this process in an orderly, constructive, and sensible
way; that is, to hire a traffic engineer to cone up with some proper studies
and traffic solutions. Sidney Aronowitz, a federal judge, is here tonight.
He can't stay with us very .long, so he would - if the Mayor would indulge him,
to let him speak next on our behalf. We will be very short. I promise you
that none of our folks will give their presentations in more than two minutes,
and if you could just indulge Judge Aronowitz.
Mayor Suarez: OK. Judge.
Judge Sidney Aronowitz: Thank you, Mr. Mayor, and members of the Commission.
Mayor Suarez: Welcome to a little bit more complex chambers than the one that
you manage.
Judge Aronowitz: Very much nicer, too. Thank you. My name is Sidney M.
Aronowitz. I've lived for 33 years at 301 Shore Drive East, in Bay Heights,
Miami, Florida, and I'm here tonight speaking only in my own individual
capacity and in behalf of my wife. I'm not speaking in behalf of any
organization or any group, because I cannot appear...
Mayor Suarez: Do you have anything in writing to that effect?
Judge Aronowitz: Yes, sir.
Mayor Suarez: That your wife allowed you to speak on her behalf?
(LAUGHTER)
Judge Aronowitz: I hope that I can stand up to that. Thank you. This is the
main thing I wanted to call to your attention. We sometimes rush into things
very hastily. And when I was a kid, I was always told that there's two sides
to every story. And that would mean that Natoma Manor has a side, and Bay
Heights has a side. But since I've been 70 years of age, I've learned there's
seven, or eight, or nine different sides to a story. And I think that here,
you not only have Natoma Manor, Bay Heights. You have Mercy Hospital, you
287 September 7, 1993
have the Grove Apartments there across the bridge at 17th Avenue, you have the
area of Coconut Grove from 17th Avenue south to Coconut Grove, and all of that
area on Tigertail, which isn't affected by this plan at all; and then you have
the people who live in all areas of the City of Miami and Dade County who
travel Bayshore Drive, U.S. 1 and the other streets of the area, and they
ought to be heard in this, too. I think the County ought to be involved in
it, because the County is creating part of this problem by not widening the
streets and providing the money to help to do it. Now, I would urge that the
barricades be taken down, and I would urge that there be more police support
in the area, and if we can't get enough policemen, then there will have to be
some private patrols. But I don't advocate that; only as a last resort. I
think the suggestion by Mercy Hospital is well taken, and it should help a
great deal toward a solution. Thank you very much.
(APPLAUSE)
Mayor Suarez: Very good, thanky you judge. OK.
Mr. H. S. Aguilar: Mr. Mayor.
Mayor Suarez: Carol Manor.
Mr. Aguilar: My name is Sam Aguilar. I live in Carol Manor, 3667 South
Miami Avenue. Our problem has a lot to do with the barricades, the same
thing, because ever since the barricades went up, traffic has been increased
maybe three, four times the amount it used to be before in South Miami. Avenue
and Bayshore Drive. And Carol Manor, we have one exit - not two - one. At
the foot of Halissee Street, we enter through there and we come out through
there. The hours between 7 : 30 to 10 : 00 o'clock, and the hours between 3 : 00
o'clock and then 6:00 or 7:00 o'clock is an impossibility to try to cross.
There's no way you're able to cross the street there. There has been many
accidents in there. Thanks God, nobody has died yet. But there will be, if
something is not done now. What we're asking is for a traffic light. It
doesn't have to be a 24-hour deal. It could just be, say, between the hours
of 7:00 and 10:00 and 3:00 and 7:00, and the rest of the time, it can be
yellow, or red, blinking or whatever. That is all we're asking. But in order
to help us with the traffic light, those barricades have to be removed, too.
(APPLAUSE)
Mayor Suarez: The petition that you submitted, has that been given into the
record?
Mr. Aguilar: Yes, it's in the record. I submitted it to you.
Mayor Suarez: I think it was - the one that was received in my office had the
signatures of 250. I see Dr. Reyes back there providing the numbers at the
appropriate moment.
Mr. Aguilar: I know I received a letter from you, a copy of a letter that was
sent to Mr. Odio.
Mayor Suarez: Right. Co adssioner Odio, beg your pardon, sir.
288 September 7, 1993
Mayor Suarez:
Well,
my position
on all this is
pretty well known,
but I did
want to make
sure
that we get
the citizens'
views of it, and
they are
definitely citizens.
All right.
Ms. Dougherty,
that is a pretty
impressive
lineup on your
side.
Perhaps we
ought to kind of
end it, and there's
always a
possibility of
rebuttal because that is part of life, too. Ms. Simpson.
Ms. Eleanor Simpson: All right. We - I want to remind you that we were
invited here by the City of Miami back in March to have a traffic discussion,
and we were told - the people of Bay Heights and Natoma Manors - and we were
told to go together, work together and get traffic plans, and that's exactly
what we did. And we thought we were doing something to make people happy. We
worked very hard at it, and we know that the people in our neighborhood, in
Natoma Manors, are in favor of this traffic plan, of "B." We were - we
liked - we were disappointed that traffic...
(INAUDIBLE STATEMErfi' FRAM THE AUDIENCE, NOT PLACID ON THE RECORD)
Mayor Suarez: Please, please. They let your side speak amply and completely,
and very well represented. Let the other side speak.
Ms. Simpson: But we were disappointed that Plan A had to be discontinued. We
liked that. We could have lived with that. But we now have Plan B, and we
like it. Everybody in the neighborhood likes it, and I know that many people
in Bay Heights like it. Some of them don't, I know, but many of them do. And
we were told that we could have a 60-day trial period. And I believe, at this
time, that it is too early in the game for anyone, anyone, to make a sound
judgment about whether or not they should continue. People are still
adjusting to the inconveniences of - and we have...
(INAUDIBLE CONN'S FROM THE AUDIENCE)
Mayor Suarez: Please, please.
Ms. Simpson: Both neighborhoods, both neighborhoods have been inconvenienced,
both neighborhoods. Both neighborhoods benefit from it. Now, I just want to,
just to make a point here, that Natoma Manors has always been more severely
affected by the traffic than Bay Heights, because of the layout of the
neighbors. Let me give just one example of statistics. On October 19, 1992,
a normal workday, not a special events day, while 328 cars... 328 cars were
coming through Bay Heights on Samana, their one through street, 1,171 were
entering Tigertail at Alatka. This, of course, includes the 328 from Samana.
These accounts were made during 4:00 and 6:00 in the afternoon. And so we
feel that we need to have some kind of traffic control plan, and we want to
continue this for 60 days. Everyone agreed on both sides. And in the
meantime, before a vote is taken, if the people in Bay Heights feel that they
can get together and come up with another plan that would be more beneficial
to them and good for us, we'd be glad to work with them. Any plan will have
inconveniences, but we must learn to enjoy - enjoy to cooperate and adjust to
the inconvenience, and appreciate the benefits that we all get from this. And
it's too soon to make a decision.
Mayor Suarez: Suppose you could have, or you were required to have just one
road accessing into Natoma from Bay Heights, and you were told that you have
to have at least one, for reasons of safety, reasons of traffic flow, reasons
289 September 7, 1993
of the Constitution of the United States, whatever. Which would you like to
see in that situation, if I told you that that had to happen, at least one
road to relieve - you know, to have some entry into Natama from the Bay
Heights area - which one would you lease dislike, let's say?
Ms. Simpson: Oh, are you asking me a question? I was interrupted by this.
OK, I'm sorry. I have to ask you to repeat that.
Mayor Suarez: The reason she does it is that she works for the City Clerk,
and I have suggested that we should pay the City Clerk a little bit less, you
know.
Ms. Simpson: She's trying to distract me, maybe. She must be from Bay
Heights.
Mayor Suarez: Yes. If you have to accept one road caning in - well, there's
only one if you cane straight from Bay Heights, but...
Connissioner Alonso: Tigertail.
Commissioner Alonso: ... but you can have also some entrance by allowing - by
eliminating the barricade on Micanopy. At least that would allow some people
to ccme up - I don't know.
Commissioner Plummer: You don't accomplish anything, Mr. Mayor.
Mayor Suarez: It doesn't accomplish anything with the rest of the scheme, I
guess.
Commissioner Plummer: No. Mr. Mayor, just for the record - and I'm going to
go again, and go on the record - whatever the people at Bay Heights vote by
majority, I will vote for; the people of Natoma, what they want...
(INAUDIBLE C94MU)
Cc missioner Plummer: Excuse me.
Mayor Suarez: Please, please, folks.
Commissioner Plummer: Ma'am, you've been very vociferous on everything here
today and - hello?
(INAUDIBLE CONIIKF.'rU)
Commissioner Plummer: Yeah, good-bye. All right. Mr. Mayor, the problem of
the difference between Natoma and Bay Heights is simply this. The people of
Bay Heights are not plagued with, number one, the Mercy traffic. When people
came out of Mercy, if they're going downtown, they make a right-hand turn when
they get to Bay -shore Drive. If they make a left-hand turn, a great number of
them cane through Natoma. OK? It's just natural. They try to avoid 17th
Avenue and Bayshore Drive. Number two, with school back in session now, the
same thing occurs. When those kids cane out of that school at 3:00 o'clock in
the afternoon, it's not their exhaust that's hot, it's their tails on that
carburetor that's hot, and came through our neighborhood like gangbusters.
290 September 7, 1993
OK? Number three, the people, as they said here at the last meeting - which I
had never heard before - that every household generates on the average of ten
car trips a day. Now, if you take 187 houses in Bay Heights, that's 1,800 car
trips a day. Cut it in half, because they don't all cane through Natama
Manor. That's another 1,000 cars a day that are caning through Natoma Manor.
Now, that hasn't started to begin to address all the people who live south of
the City limits of Miami who are also caning through the neighborhood to avoid
Bayshore Drive, to avoid South Dixie Highway. The other lady who spoke was
absolutely right. The real problem has not been addressed, and we're not
addressing it here today. Until the County addresses Dixie Highway and
increases where they're not carrying 300 percent of capacity, and Dade County
addresses Bayshore Drive, which is carrying over 200 percent of capacity,
we're not going to have safe neighborhoods, whether it's Bay Heights, whether
it's Natoma Manor, or any of the other areas that have already been
barricaded - Coral Gate. The Roads are now talking about they want a
barricade. Coral Gables is barricading. Others are talking about barricading
and have already done it. So I'm just saying...
Mayor Suarez: Don't even suggest it. The Roads President is here, he's
saying no, because we don't need another barricades battle, so.
Commissioner Plummer: Mike, are they talking about it? They might not do
it, but they're talking about it. OK? Coral Gate, this Commission also
approved at the last hearing. Coral Gate wants to barricade, and why? It's
very simple. People want the safety of their neighborhoods. That's what
their looking for. OK?
(APPLAUSE)
Commissioner Al.onso: That's what it is. That's what it is.
Mayor Suarez: I think at sane point I'm going to have to hear fram one of
the...
Commissioner Plummer: I would only like to ask one more question, Mr. Mayor.
The President...
Mayor Suarez: By the end of the day, if we don't hear from that Mendez-Pinate
girl, she's going to...
Commissioner Plummer: There she goes again.
Mayor Suarez: She's going to have a fit.
s Unidentified Speaker: Let's hear from the people! Let's hear from the
people!
Mayor Suarez: Wow!
Dr. Jim Hirshman: Mr. Mayor, I have a comment relevant to what was just said.
CcRmi.ssioner Plummer: May I? Doctor, I'll give up. I just want to ask one
more question.
291 September 7, 1993
1
Dr. Hirshman: Thank you.
Mayor Suarez: Believe it or not, I think this is an indication of the health
of the neighborhood, that people can argue this vehemently about something
like barricades, because at least we're not talking about something worse.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes. Wow.
Commissioner Plummer: At the last hearing, we were told - and I know this is
a sore subject, but I just want it on the record - the President of the Bay
Heights Association stood before that microphone and told this Commission that
the majority of the people in Bay Heights were for it.
(BOOS AND PROTESTS FROM THE AUDIENCE)
Unidentified Speaker:
He's a liar!
Commissioner Plummer:
Hey, hey, excuse me. He might be what you think he is.
Unidentified Speaker:
He's a liar!
Commissioner Plummer:
But that's what this Commission acted on, that comment.
(SHOWING FROM THE AUDIENCE)
Mayor Suarez: Please! Folks, let's assume - let's assume that that was the
case at one point in
history. Wait a minute, please! Obviously, when they
saw the system...
Unidentified Speaker:
We authorized a vote, Commissioner.
Unidentified Speaker:
That's not true.
Unidentified Speaker:
We authorized a vote.
Mayor Suarez: When
they saw the plan working, Bay Heights clearly came out
against it. I mean,
there's no doubt about it, it's pretty evident...
Unidentified Speaker:
Right. Right.
Mayor Suarez: ... in terms of the majority of the people. I'm sure there's
still a few people that would like to have seen it in place, but a bottleneck
was created on South Bayshore that has been of incredible proportions. How we
can solve it - and some of the people that are getting ready to speak, I
think, may have some other ideas. All right. And, please, we have had I
don't know how many hearings on this. They're getting repetitive. We have to
complete our budget hearing, so just - if you want to just state your name for
the record, your address, and an additional argument - why did you just take
the mike away from that young lady?
Dr. Hirshman: Because I thought you were pointing at me, sir.
292 September 7, 1993
Mayor Suarez: Oh.
Dr. Hirshman: But I'd be happy to yield to the lady. Chivalry is not dead.
Mayor Suarez: Well, she also was a lot closer to the mike. No, but, yeah,
we'll take you right tip after that, sir.
Ms. Vera Mandado: Well, go ahead. Age...
Mayor Suarez: Well, we'll take you right up now. Every time I point, that
means something around here.
Dr. Hirshman: Since I'm older and uglier, we thank you.
Ms. Mandado: I didn't say that.
Dr. Hirshman: It's OK. I'm Dr. Jim Hirshman. I don't know that it makes any
difference where I live, because opinions in a democracy should all be heard.
If anyone is interested, I live in Bay Heights, and I feel that all of the
barricades have been a problem to us. You know, democracy is wonderful, and I
applaud what you say about opinions, discussion, and I'm pleased to be a
participant. It's laborious, it's difficult, but it's still the best way.
They say in a democracy that we have liberty, but your liberty ends where
someone else's nose begins. And I'm holding in my hand here a petition signed
by 515 people who either live in the City of Miami or work in the City of
Miami who feel that they have been imposed upon painfully by the barricades.
And it should not be just the numbers of people who live in Bay Heights and
vote, or the numbers of people who live in Natoma Manor and vote. It should
be those who make use of the streets of the City of Miami, especially those
who work in the City of Miami, who should also be heard. And this is another
of those seven sides of the story that Judge Aronowitz talked about. These
515 free and independent people who live and work in the City of Miami say,
take down the barricades, open the streets.
(APPLAUSE)
Mayor Suarez: All right. Thank you for your testimony.
Mr. Raymond G. Asmar: Thank you, Mr. Mayor and Commissioners. I'll speak
very quickly and briefly, because I appreciate your patience in this long
agenda. I have written you a number of letters. First of all, I want to
thank you for voting against the barricades which I am opposed to.
Mayor Suarez: Would you put your name on the record. We know who you are,
but just for the record.
Mr. Asmar: Raymond G. Asmar, 2535 Southwest 17th Avenue, in Natcma Manors.
We've been residents there over 40 years. My son lives next door to me, so
we're not new to the area. In my letter, I've also addressed letters to the
Public Works Department, the City Manager, and I think addressing some of the
problems - for example, I had suggested the streets that cross U.S. 1 - 17th
Avenue, 22nd Avenue, 27th Avenue - you have 13 seconds to get across. Many
times, in the evening, going home, you have to go through two light changes or
three light changes on Dixie Highway before you can get through. And Dixie
293 September 7, 1993
Highway runs two and a half minutes. So it takes you six minutes to cross .
Perhaps increasing just three or four seconds the time allowed for the cross -
streets during the early morning rush and the evening rush hours would help.
Commissioner Plummer: Two times we've asked and been denied.
Mr. Asmar: Also, at 22nd Avenue in the morning is very rarely used. I had
suggested at the southeast corner of Tigertail and 22nd Avenue, a sign stating
access to U.S. 1. Everybody comes down to 27th Avenue, around the periphery
of Natoma Manors. And the other thing that was brought out, the widening of
Southwest Bayshorre between Mercy Hospital and Monty's Restaurant, that goes
from four lanes to two lanes, it bottlenecks in that area, and then it becomes
four lanes again at the other end. And I also pointed out Halissee street,
which, if we can point it out on the map, where it funnels out on Dixie
Highway is a very wide street. It's about 80 to 100 feet wide. It's in the
form of a "Y", and that street, if you do nothing else, should be left open,
and that will not even affect the interior of Natoma Manors, because if you're
going south, all of the traffic on it is really going in the other direction
in the morning, and that's what they're complaining about. But that street
should be left open as an emergency . I spent ten years of my life in
policework, and it's important to have some of these roads open. We have many
accidents at Southwest 17th Avenue and Dixie Highway. And even though -
Mayor, those of us who live on the periphery of Natoma Manors, are not in the
interior, we're very much an integral part of it, our taxes have been raised
just like anybody else who lives there, and many people are opposed to it, Ms.
Simpson, not the majority, necessarily. Many of us cannot attend the
meetings. So I want you to know that many people in Natoma Manors are opposed
to the barriers. Thank you very much.
(APPLAUSE)
Unidentified Speaker: That's right.
Mayor Suarez: All right. Very good.
Ms. Mandado: I am Vera Mandado. I live on 1610 Tigertail Avenue. I have
moved to Miami about a year ago, and from another State, in a city where we
had barricades, and the barricades were an inconvenience at the beginning.
But regardless, when I came here, I joined the association, and it was right
after we moved that we started to have meetings with respect to these
barricades. I do remember seeing very few people attending this meeting with
Mr. Lee. Very few. And I was very, very, very new to this area. Very few
from Bay Heights, there were a few from Natoma Manors. And it's very
interesting to see so many faces today after the fact, after we came to you
two times...
(BOOING AND PROTESTS FROM THE AUDIENCE)
Ms. Mandado: Excuse me, let me finish. We came here twice with our plan,
hopefully that both communities have studied and reviewed this in conjunction.
The last meeting, it was voted by all of you - it was not a promise - it was a
vote that was taken by the City of Miami - the officials of the City of Miami.
I would like that to be kept, that vote that you took, for 60 days, to try.
we have...
294 September 7, 1993
RR
(INAUDIBLE C"EM)
Ms. Mandado: Excuse me, let me finish. No, I'm not. You were finished a
long time ago. I'm sorry. I would appreciate this very much. We have
enjoyed, finally, have been able to meet our neighbors, to see people walking
the streets, to see the children outside. I didn't even know there were that
many children in our community. We are overlooking - this is the most
important thing - to see the children. I have a grown-up daughter. She's 21
years old. She doesn't live in this State. But I do remember when I was a
mother of a child, I wanted to be able to take her outside. And I don't see
why not. Bay Heights may take a look, and let's compromise. There's enough
friction and unhappiness in the City. Let's for God's sake, compromise and
work together. Why do we antagonize each other. I think there are ways that
we can do it. That's all that I would like to say.
Mayor Suarez: All right. Thank you. Clearly, folks, if, you know, some
people that are against the barricades, and you know how I feel about it,
argue that there's nothing positive that comes out, clearly, if you have a
community like, let's say Natoma in this case, that ends up being totally
protected through barricades so that you cannot go in there except through one
street, the kids are more able to be out in the streets. There's no doubt
about that, because, you know, just by definition. That doesn't mean that
it's enough of a public... compelling public interest for us to create the
problems that we're creating for other neighborhoods. So - but, you know, so
we don't go from one extreme to the other.
Ms. Lisa Treister: Can I speak? Because I have to put my children to sleep
tonight. I'm curious. How many people have children in this roam?
Mayor Suarez: First of all, we need your name and address.
Ms. Treister; First of all, my name is Lisa Treister. I live at 1624
Micanopy Avenue. How many people are parents in this room? How many people
are grandparents in this roan? Well, I didn't want to put you in a bad spot,
but I've lived in this neighborhood for ten years, since my children were
born, and we always wanted to leave the neighborhood, there were never any
children around.
Mayor Suarez: I'm hoping to be a grandparent one of these days, but days like
today, I'm not sure I'll ever make it.
Ms. Treister: We were ready to move from the neighborhood, not because of the
traffic problems, but because we never saw children in the neighborhood.
Nobody hung out in the neighborhood, like when we all probably grew up.
What's happened is, is that I fear- every night when my kids came hone from
school, they want to play. And let me tell you something, they've met kids
that are black, that are Hispanic, and that are white. They all play together
after school. It's very nice. It's very nice, let me tell you. And I didn't
want to bring that up, but I have to tell you, that's been the nicest thing.
We've met each other, we play together. The kids, since the barricades,
finally go out, knock on each other's doors, ride bikes, and I don't have to
every day, sit in my kitchen or wherever I am, and worry, will my kid come
home tonight? While people from downtown...
295 September 7, 1993
t
Y
(BOOING. FROM THE AUDIENCE)
Ms. Treister: It's true. And you know what? I hope it's not one of your
children who gets killed. I don't want it to be one of mine, and I'm sure the
Commissioners do not want it on their head when a child is killed...
(SHC7tfI'ING AND APPLAUDING AND BOOING)
Ms. Treister: You know, you people are really a bunch of pitiful people.
You're really amazing! You are amazing! Let me tell you something. If a
child gets killed on this street, then they'll put the barricades back up,
because you'll realize the problem we have.
(APPLAUSE)
Mayor Suarez: Please.
Ms. Treister: Look, I know that's my spin on this story, but that is the main
concern. These are residential streets. This is not South Dixie Highway!
This is not South Bayshore Drive.
Mayor Suarez: Please, folks.
Ms. Treister: Just like in the North Grove, off of 27th Avenue...
Commissioner Plummer: I told you. I told you. It's 50/50.
Ms. Treister: ... where they very successfully put up barricades. It's an
inconvenience. I can't cut through that neighborhood, so I go around. This
is an inconvenience. I can't get home from school the way I used to, it's not
so fast, but I have one concern, and that is safety. These streets are barely
wide enough to fit two cars side by side. Now, we witnessed, when you did put
up the barricades, people still cane up the one way the wrong way. They don't
give a hoot about that being a one way. That's really dangerous. In fact, I
would like to see Halissee blocked off, because people are coming up the wrong
way.
(APPLAUSE)
Ms. Treister: Many of those people, by the way, were Bay Heights people, when
it was Plan A, because they were followed into their neighborhoods. They were
coming up the wrong way. Then the barricade that was put at the end of
Micanopy and Alatka, people physically stopped, removed the barricades, came
up on people's lawns! And you have to see, these are adults that our children
use as role models. My kids and I used to stand out at the corner and put the
barricades back, until finally they put the telephone poles there so that
people wouldn't move them.
(SHOUTING FRAM THE AUDIENCE)
Mayor Suarez: Please, please! Ma'am, ma'am! You look like you're ready to
hit somebody with - do you...
296 September 7, 1993
Ms. Treister: Yeah, but children are worth more than a thousand dollars, for
God's sakes
(APPLAUSE)
Mayor Suarez: Don't react to the crowd.. Please. I still insist that at some
point, we have to hear from that young lady, because she's going to have a
conniption fit.
Ms. Treister: I guess I shouldn't be surprised, seeing how the adults have
handled this. The motorists, I mean these are people in fancy cars, in fancy
suits.
Mayor Suarez: Well, then, let me ask you this - because you're arguing to the
crowd, and that's the worst thing you can do in a situation like this. You do
admit that, for example...
Ms. Treister: Well, I'm having fun.
Mayor Suarez: ... that if you close off Halissee, just as an example, that
there could be a situation where traffic fram whatever quirk of nature or
whatever would back up so nuch on the main thoroughfares at certain times of
the day that at sane point it could, conceivably, I'm not saying that we have
reached that and you're going to agree with me right now, could conceivably
end up being a situation that is intolerable; that there may be some aspect of
the argument against that makes some sense to you?
Ccnmi,ssioner Plummer: Did you ever call Joaquin about the light at 17th?
Because that's one of the biggest problem areas.
Mayor Suawrez: No?
Ms. Treister: I mean...
Mayor Suarez: It's all kids against people who don't like kids?
Ms. Treister: No, no, no. My feeling is, it's a residential neighborhood.
And I know there are serious problems in terms of traffic in Miami, and I know
that there are problems in traffic in Miami, and I know that there are serious
problems in terms of inconvenience.
Commiissioner Plummer: It's still the same. They've not changed it.
Ms. Treister: But when the Mississippi River overflowed, that's what we have.
We have an overflooding. We are the little tributaries that these roads are
flooding into. They didn't go out and say, it's your problem. I mean...
Mayor Suarez: Well, it could also work the other way. You could close off
enough outlets of the Mississippi that it ends up floating the main river, you
know. It sort of...
(APPLAUSE)
Ms. Treister: But what happens...
297 September 7, 1993
Mayor Suarez: Please, please, please.
Ms. Treister: What I have noticed...
Mayor Suarez: Anyhow, your analogy is useful, because we haven't had the
water analogy yet, and that's...
Ms. Treister: Well, I figured I'd throw it in.
Mayor Suarez: The river analogy. All right.
Ms. Treister: I guess I... what I can't understand is that... I should be
able to understand, is that Bay Heights has a walled ccmmu-►ity, and has two
accesses, which most walled ccmTunities, by the way, don't. You have the
Tigertail access, and you have a South Bayshore access, and you have a wall
around it. And, you see, they don't get - they can come through our
neighborhood, but when they cote through, it also brings in everybody else
from downtown. So unless you close off Tigertail, you haven't solved the
problem. And that's...
Mayor Suarez: All right, Lisa.
Ms. Treister: Thank you very much. I'm sorry that kids are such a low
priority here and that you have to get booed because of them.
(BOOING)
Mayor Suarez: No, please, don't, don't, don't.
Ms. Isabel Hernandez: Hello. Can I speak now? No?
Unidentified Speaker: Oh, she's going to go first? OK.
Mayor Suarez: Again, remedmr, there's a point at which this Commission hears
the same arguments over and over again. I see you with the red shirt, and I
have a feeling that...
Ms. Hernandez: But I have a different perspective.
Mayor Suarez: All right.
Ms. Hernandez: Because I am wearing red, but I wasn't a red.
Commissioner Plummer: I told you before, this was going to happen.
Ms. Hernadez: OK? I have changed my colors.
Mayor Suarez: OK. Give us a name and address, and just remember that the
more repetitive you get, the more argumentative, the more this Commission
begins to end up on the opposing side.
Ms. Hernandez: My name is Isabel Hernandez, and I live at 171 Shore Drive
South, in Bay Heights. I moved - contrary to a lot of people that have
298 September 7, 1993
spoken - recently to Bay Heights. I'm a new owner, and I bought in Bay
Heights because of the access to the many roads that I had available to me. I
am the one that said that may quit her job, because I am also a very careful
driver. I drive through side streets. I do not like main streets, like South
Bayshore Drive. I work at Miami -Dade Community College. I'm a librarian.
I'm a professional, and I have to be at work at certain times. I also have
children, and I drop my children off at work -- I mean, I'm sorry, at school.
They have quit their extracurricular activities till we see what happens.
Mayor Suarez: Child labor, huh?
Ms. Hernandez: Child labor?
Mayor Suarez: You said you drop them off at work. I'm sorry. Go ahead.
Ms. Hernandez: Yeah. At school, I drop them off at school, and they've quit
the extracurricular activities until we see what happens, because I can't
fight that traffic. Of course, there are aggressive drivers, and we have a
lot of traffic problems, which we've already discussed. The problem is with
the plan. I am for barricades, all right. I was for barricades, because I
don't like the traffic that Bay Heights has, nor Natoma Manors. I am a friend
of J.L. Plummer, although he doesn't know me well. I admire him, as a result
of these Ccmission meetings.
Mayor Suarez: You were going real well up until just that point.
Mr. Hernandez: I don't mind. I don't mind, because I've seen him put - I've
seen him...
Commissioner Plummier: That's alright. Just remember, we get rid of him in
three meetings. Don't worry about it.
Ms. Hernandez:... I've seen him drive through Bay Heights when an alarm rings.
Now, that's dedication. All right? I've seen that. And he's been a very
good neighbor of Bay Heights, and I don't think this should be a Natoma Manors
versus Bay Height issue. All right?
Ccmmissioner Plummer: That's true.
Mayor Suarez: There you go.
Ms. Hernandez: Now, Bay Heights has it's problems as well.
Commissioner Plummer: That's true.
Commissioner Alonso: That's a very good point.
Ms. Hernandez: Now, the plans do not work. We have to see the reality. And
I hope, Natoma Manors, you understand, my children play with your children.
The black children that were referred to are my children's friends. They
cannot cross the barricades, so now they can't play. So they made new friends
and lost old friends. I hope that doesn't happen as a result of the
barricades. Plan B does not work for Bay Heights. That's reality. Natoma
Manors understands that. Plan A didn't work for the comTunity. All right.
299 September 7, 1993
Either you find a Plan C somewhere that appeases both communities or we're
going to have a major war, I'm telling you. We met - I had a little street
meeting September 3xd...
Mayor Suarez: You mean more than this?
Commissioner Plummer: Oh, yeah.
Ms. Hernandez: More than this!
Commissioner Plummer: This is just the start.
Ms. Hernandez: Bay Heights - I have seen neighbors fighting with neighbors.
A gun was pulled on someone, all right. The barricades had been there, they
were moved. The Natoma Manors resident said they were being moved back and
forth, and people were very upset on both sides of the community. Bay Heights
was upset with Plan B; Natoma Manors understandably wanting to keep it,
because, of course, their traffic has stopped, virtually. Ours is the same.
No streets have been closed in Bay Heights, so people go through the
neighborhood like nuts trying to find which way out, and discover that they
have no way out, and they end up in South Bayshore Drive again. There was a
backup of Southwest 17th Avenue that went all the way from South Bayshore
Drive almost to U.S. 1. I was next in line, made a U-turn...
Mayor Suarez: OK. You just made a statement about a backup. What time of
the day, and what day of the week?
Ms. Hernandez: Rush hour traffic, caning back from work.
Commissioner Plummer: There's no question, people are inconvenienced.
There's no question about it.
Ms. Hernandez: I made a U-turn, took U.S. 1, cut through the Science Museum,
went around to MY home, using Samana. I'm doing that now every day. I'm sure
the Science Museum will not like that if everybody starts doing that. But
that's the reality. We are faced with an intolerable situation, and I appeal
to you to consider an alternative, and to take away Plan B immediately.
Mayor Suarez: All right.
Ms. Hernandez: We cannot live with Plan B, right now. And J.L., J.L.,...
(APPLAUSE)
Mayor Suarez: OK. Thank you.
Ms. Hernandez: Please understand that it's not us against you.
Mayor Suarez: No, no, no. You can talk to J.L. - he's your friend, as you
said - you can talk to him any time. Please, let's try to wind this up.
Ms. Tere Zubizarreta: May I go first, Bijan?
Mr. Bijan Nakhjavan: Go ahead.
300 September 7, 1993
M. Zubizarreta: Thank you. I'm Tere Zubizarreta. I live at 125 Shore Drive
West, and I speak on behalf of my husband, who did not give me a written
permission, and myself. I would like to know, or somebody to....
Mayor Suarez: Where do you live, Tere?
Ms. Zubizarreta: What?
Mayor Suarez: Where do you live?
Ms. Zubizarreta: 125 Shore Drive West, Bay Heights.
Mayor Suarez: Bay Heights.
Commissioner Plummer: She backs up to Dixie.
Ms. Zubizarreta: "Que?"
Commissioner Plummer: You back up to Dixie Highway.
Mayor Suarez: She backs up to Dixie.
Ms. Zubizarreta: Right. You know.
Commissioner Plummer: Very well.
Ms. Zubizarreta: Thank you. I would like to know, where are the traffic
experts in Natoma Manor and Bay Heights, to put up barricades at their will,
in order to make their streets safer.
Commissioner Plummer: No, that's not...
Mayor Suarez: Well, that's an unfair question, because all of this happened
through this Commission. So whatever lack of wisdom there was, blame it on
us. Don't blame it on them.
Ms. Zubizarreta: Well, OK, well then I'm blaming you, then.
Commissioner Plummer: You are representative, as any other.
Ms. Zubizarreta: The reason I'm saying this is because I don't think that
Natoma Manors is a private neighborhood that pays $5,000 more in taxes every
year, per household, so they can close their access to the people who pay
taxes in the City of Miami. I would also like to know...
(APPLAUSE)
Mayor Suarez: You can handle that. You can handle that, I can tell.
Ms. Zubizarreta: I would also like to know, since Mercy Hospital was built 43
years ago - 43 years ago - and it is now that the traffic of the people who
work at Mercy Hospital bothers the people at Natoma Manors? Is it? Forty-
three years later? Is it fair for us who live in Bay Heights to have not
301 September 7, 1993
access to Tigertail and 17th directly because the people of Natcma Manors want
to have safety in their neighborhood? You know what the problem is, Mr.
Mayor? We - the traffic is not the problem in our neighborhood. Our problem
in our neighborhood is security. We get mugged, we get robbed, and we get
vandalized. But it's not traffic. And I hate it when somebody takes an issue
and turns it into something else. We need a plan...
(APPLAUSE)
Mayor Suarez: But again, Tere, we all agree on that. We all agree on that.
And you can make the argument that if you put barricades all over your
neighborhood, that typically the reduces the chances of people coming in.
Ms. Zubizarreta: Excuse me, Mr. Mayor. Mr. Mayor, excuse me. Last Friday...
Mayor Suarez: All right. Anyhow, I'm sorry I even touched it.
Ms. Zubizarreta: Last Friday, a jeep was stolen...
Mayor Suarez: I've just never seen you this emotional in my life.
M. Zubizarreta: Because I'm mad. Last Friday, a jeep was stolen from the
house of Dr. Mendez, and there were barricades up. So don't tell me that the
barricades are going to solve the security.
Mayor Suarez: I am sure it can happen. I am sure they can...
Ms. Zubizarreta: We have problems in Bay Heights, we have problems in Natoma
Manors. They have to be addressed, but they're not to be addressed by a
handful of people who set up a meeting, and many people didn't know the
meeting was going on. Many people didn't even get the circular, and then they
came here, and they told you to do something.
Mayor Suarez: All right. We did our best to let everybody know what was
ccming down. Obviously...
Ms. Zubizarreta: And today is my birthday.
Commissioner Plummer: Happy birthday.
C.^^wdssioner Alonso: Happy birthday.
(APPLAUSE)
Mayor Suarez: The next political campaign I need will have to be done by you,
with that kind of emotion. Yes, Bijan.
Mr. Nakhjavan: My name is Bijan. I live in 2601 Halissee. I want to
apologize to the Commission. I couldn't get my T-shirt, because Mercy
Hospital didn't pay for it. I wanted to say that Lucia Dougherty brought the
papers, said...
Mayor Suarez: It's going to take me a while to figure that one out, Bijan.
302 September 7, 1993
Mr. Nakhjavan: It said that about 320 signatures, 187 houses in Bay Heights.
Assuming four people live in each house, then that's 33 percent of the total
houses in Bay Heights. So it's not the hundred percent of the people that
live in Bay Heights.
Mayor Suarez: Well, they gave already a total of the number of houses that
supposedly signed it.
Mr. Nakhjavan: I personally came close - maybe five six times during the
eight years that I live in my house - to get killed in the street. As soon as
I walk out my driveway, these people come from U.S. 1...
(INAUDIBLE C=d24 'S FROM THE AUDIENCE)
Mayor Suarez: Please, please.
Mr. Nakhjavan: ... go about 70, 80 miles an hour, they don't stop, they don't
respect the stop signs, and they just zoom through Halissee, which I live
right on the corner of Halissee, and - right over there, actual the closure.
And they don't stop. They come 80 miles an hour, 70 miles an hour, and they
don't care what is there, and I came really close a few times to get hit. I
personally follow - I don't want to actually bring up anything to say that
this neighborhood and that neighborhood. I personally follow a few people
that they live in Bay Heights, and even got their tag numbers, and when I told
them that they should stop on the stop sign, they gave me the fingers. So
this situation is really getting out of hand. I don't have any kids, but I
got two dogs and two cats, and I take my dogs for a walk. I mean, I heard the
Commissioner Alonso said that we would like to have a safe place for children,
and also security, and we would like to go to the County, ask for the County
money to do that and to help us with the thing. I think this is something
that's not going to cost us anything by just giving... closing the Halissee to
U.S. 1 and have... after_ eight years I've been in the neighborhood, that was
the first time that I see kids in the street playing, walking around, and
actually, get the feeling of the neighborhood; not just pulling in, close my
doors and get out. And she also said something about the safety of the
neighborhood. I think, of course, I have to live with some inconvenience, but
I will get a lot of security and safety. And I think the inconvenience that
is for residents is worth it, is also inconvenience to robbers and to muggers
that they come through the neighborhood because it's not closed access.
( INAUDIBLE CMOES FRW THE AUDIENCE)
Mayor Suarez: OK. Please, please.
Mr. Nakhjavan: I would like to ask the Commission to...
Mayor Suarez: Every time I think you're finishing, a new - you know, you
begin a whole new theme and...
Mr. Nakhjavan: Well, because I'm actually - I'm American, but I came from a
foreign country, that's why my English is not very good. So I would like to
have the Commission to keep the barricades for the trial period, and after
that, even if they have to go, and neighbors of the Bay Heights really don't
want any barricades, I would like to ask the Commission to keep the Halissee
closed forever, so it would give us really a peace of mind. Thank you.
303 September 7, 1993
(APPLAUSE)
Mr. Jerry Bailey: My name is Jerry Bailey. I'm a resident of Natcma Manors,
1651 Micanopy. As you know, I've spoken prior to the hearing about this
matter. And the barricades are an inconvenience. We didn't ask for the
barricades to be antisocial or anti -anything. What we wanted was what we
thought we deserved as residents, which is a fairly safe and secure
neighborhood without people running through it. We've been asked today - you
have - even though you agreed at the last meeting to allow for a 60-day test
period to be followed by a vote - for you to suddenly rescind that because a
lot of very vocal people are very much against it. You made an agreement.
You said, "You have 60 days." We should do it. Instead, you've been asked to
rescind it without any valid plan put forth as an alternative. Now, we have a
lot of concerns about this issue. Not trying to pick on Mercy Hospital, but
the fact is, they're planning a major expansion. You also have a proposal to
build two condominium units on Fairview Avenue. No consideration given yet to
how we're going to handle that additional traffic. I don't think you can say,
or you should not say, "We're going to let you have this trial period, to be
followed by a vote, at which everybody can make a decision," suddenly come in
tonight and say, "Oh, that's no good." We've only been in this plan for 20
some odd days at most. Give it a try. If you're going to rescind it, we have
to have...
( INAUDIBLE COTMMfI'S )
Mayor Suarez: Wait, please, in the back.
Mr. Bailey: If you're going to rescind it, there has to be a plan to deal
with the traffic. We don't have it. Going back to the status quo with these
other two proposals coming up is just asking for a nightmare.
Mayor Suarez: You made a presentation one time, if I remember correctly,
where you emphasized that one of the things that we have failed to do is to
try to figure out if we can't widen South Bayshore, at least all the way to
17th Avenue, and that would help a lot with the problems that we have seen in
the last few days. That was your position; was it not?
Camtissioner Plummer: Mr. Mayor, the problem there, just for...
Mr. Bailey: I didn't specifically make it, but it is designated as a historic
area, so it's difficult.
Commissioner Plummer: Just for the edification, the problem there is the fact
that Bayshore Drive is a historic highway, and would have to go through the
State.
Mayor Suarez: Yeah. And actually, everyone, remember, when that was last
broached, that possibility, there was a lot of citizen opposition to the idea,
under the concept that we want to sort of restrict the flow of traffic along
our streets, more or less like Coral Gables has done with Coral Way, where you
have to have a road map to go west on Coral Way type thing.
304 September 7, 1993
Commissioner Plummer: With the exception, for example, of Mr. Healey
(phonetic), who's standing behind, who lives on Bayshore, and the people from
that street down, don't want to lose their front yard, you know.
Mr. Bailey: Right.
Commissioner Plummer: It's whose ox is getting gored, and that's the problem.
Mayor Suarez: Sure, sure.
Commissioner Plummer: There's no question about it, that that, you know, the
people, when we broached the subject before, about widening, and I,
personally - Mr. Healey is my friend and might not be after this - I think
it's one of the great answers. Because when you have the funneling effect,
going from four lanes to two, it definitely causes a backup. But I think that
Ms. Ellis is going to talk to the issue that she has contacted some people,
and I think it's a very, very good, possible solution.
Mayor Suarez: Any solutions are welcome.
Mr. Bailey: Well, again, I'd just like to go back to the point that you have
for hearings tomorrow and Monday, two proposals that are going to bring or
have the potential to bring a lot more traffic into the area. We're having
trouble with what we have now. I think you should be fair and live up to what
you voted at the last meeting. Permit the 60-day period to go forward,
followed by a vote. In the interim, we can work with Mercy, we can try to
work with Bay Heights, although all the efforts before - I mean, we're
satisfied with either "A" or "B," frankly in Natoma Manors, most of the
people.
Mayor Suarez: All right.
Mr. Bailey: But they're not satisfied with anything except the ability to
drive through the neighborhood.
Mayor Suarez: All right.
Mr. Bailey: We need to reach a solution, and what they're proposing is to go
back and give unfettered access to everybody, which is no solution at all.
That's why we came here in the first place.
Mayor Suarez: Very good. Is there any chance, in relation to his observation
about the planning situation and the zoning situation, that the condition that
we have seen lately would create a problem of concurrency, because of peak
hours. We just have two or three times Condition F, under the State statute?
Has anybody looked at that possibility, that maybe we should, while that
situation occurs, reconsider any new projects. I mean, that - Clark, I
thought those were calculated on the basis of peak hours, and if peak hours
all of a sudden are converted into even peaker hours than the prior peak,
could that create a concurrency problem or growth management problem?
Mr. Clark 'Turner: Mr. Mayor, according to the adopted policy for level of
service of the City of Miami, South Bayshore Drive and 17th Avenue operate at
acceptable levels of service, so there would be no concurrency issue there.
305 September 7, 1993
Mayor Suarez: OK. Although what he's pointing out is that - what Mr. Bailey
is pointing out is that you may have unwittingly ended up with a situation
where you have exceeded Condition F. All right, ma'am. And then we ought to
wind up, folks. It's getting repetitive, and it's getting emotional, and it's
getting...
Ms. Esther Ellis: I'm not coming with any motional, Mr. Mayor.
Mayor Suarez: Well, we do need your name on the record, I know.
Ms. Ellis: Yes. My name is Esther Ellis, and I live at 30 Samana Drive, in
Bay Heights. I've lived there 16 years. I've been with the Dade County
Citizens Safety Council, in charge of Community Division for 20 years. We do
a lot of work throughout Dade County, in trying to keep children safe, and
teach parents how important it is to learn all the rules, too, about keeping
them safe. They shouldn't play in the streets. That's an aside.
(APPLAUSE)
Ms. Ellis: Right now, we've just had an answer to a trial up in Palm Beach
about a man who was set on fire. Our school children, with the aid of the
City of Miami Fire Department, have taught their school children at an early
age to drop and roll. It takes three things for a fire. If you stop the
oxygen, and you roll, that fire would have gone out immediately. He ran for
help. This is something that we teach. We teach boating safety, traffic
safety, house safety, everything. This is what I'm talking about. We're
concerned about traffic, and the City of Miami's growth. I was out on Kendall
Drive a Sunday ago, and there are five lanes going both ways, with a parkway
in the middle. We haven't made plans for the number of people who live out
there who cane all the way in, in every way they can, to go to work in
downtown Miami. And we're looking - we've overlooking the fact that there's
been a term that has been declared "historical." I've checked with the
Florida State Department of Transportation. They say you don't name roads
historical. You can name these for historical people or events, and that when
there is a need to widen, as they've done in some cities up in - further up
north in Florida, you can actually take a swale that belongs to the City of
Miami, the grass, even the sidewalks, make three lanes; two into town one way
during the crowded time in the morning; two caning out in the afternoon. Now,
this is the second thing that Dade County's Planning Board wants to do. I
have an appointment to be with them next Monday. And Mercy Hospital, with Mr.
Tim Hopkins, strictly with us, 100 percent, they have it on record. It's
coming up before the board. If we can get them to say that Bayshore Drive,
which belongs to Dade County should be widened, and the City of Miami will
cooperate by giving that easement, they'd like to see four roads to continue
the smooth flow of traffic, and people wouldn't bother to cane into
neighborhoods.
Mayor Suarez: It's been already - yeah, Ms. Ellis, it's been already put into
the record today, and we're going to get the assurances that to the extent it
requires any funding, and then Mercy Hospital is proposing to pay some of
that, that we want to get that in the record, too.
Ms. Ellis: Well, that's great.
306 September 7, 1993
r `,
Mayor Suarez: All right.
Ms. Ellis: But we're actually going in as members, individuals, and
residents, and citizens.
Mayor Suarez: All right. It's just that you're getting repetitive on that
point.
Ms. Ellis: But somebody needs to get this thing moving, instead of all these
fights among the neighbors.
Mayor Suarez: Well, we got an offer today, and it was the first time we heard
it.
Ms. Ellis: We all have children and grandchildren. I have great-
grandchildren. But when they come to visit me, I make sure they play in the
yard.
(APPLAUSE)
Mayor Suarez: All right. Very good.
Mr. Hague: My name is Andrew Hague, and I live on South Bayshore Drive
between 17th Avenue and Halissee, and I feel like a disenfranchised stepson,
because I don't have anybody representing me, and I'm not part of Natoma
Manors, nor am I part of Bay Heights. My concern, since the barricades went
up, is the tremendous burden on South Bayshore Drive, and I have two kids, and
my kids are worth just as much as anybody else's kids, even though I live on
South Bayshore Drive. We all should be unified in our concern over the safety
of our kids, and anybody in the neighborhood, whether it be for crime, or for
injuries, or speeding cars and that sort of thing. And my kids have played on
Micanopy and on Tigertail with their friends over there, and I. agree, it's a
tremendous problem with the speed at which cars come down those streets,
accessing Tigertail and 17th Avenue. However, I would say I think there are
alternative solutions that can be found. I think a good alternative interim
solution is the taking down of the barricades, and the extra police support,
! whether it be for speed checks or security in the area, until we can find a
better plan. I think we have watched Mercy Hospital grow in the past 43
years, and I used to work there as a high school student. I've lived in the
area for 24 years now, and yet, nothing has been done to address the monster
we've created across the street on the bay, and I think that we all should
have unified interest in the security of our homes and our houses, but not to
the detriment of any other group. I think that my tax money on South Bayshore
is as good as the tax money on Bay Heights or in Natoma, and I should have
access to the public streets. And there are other...
(APPLAUSE)
Mr. Hague: I share their concerns on the one part; and another part, I don't
like being inconvenienced by the barricades, because I live in the area.
Mayor Suarez: In its most naked form, that is - you know - a basic argument,
a tax argument, and a sort of citizen argument against being restricted, but,
of course, there's other arguments on the other side. Why don't you...
307 September 7, 1993
Commissioner Plummer: Well, the difference is it's not denied; it just makes
it difficult to use.
Mayor Suarez: Where are we getting folks? We're just hearing the same
arguments over again. I don't know why - what you can possibly add, sir. If
you want to put your name in the record, I don't want to particularly pick on
you to stop the...
Mr. David Jones: 1624, I live at - David Jones. I live at 1624 Tigertail. I
live a block away from Bay Heights.
Mayor Suarez: That puts you in Natoma.
Mr. David Jones: A block away from Bay Heights. So my position is obvious, I
don't have to go through it. But I'm a new homeowner in this area, and I love
the area. When I moved in, I thought 9.t was - not Utopia - but it was a
beautiful area, and I hate to see neighbors going against neighbors. And what
I think the problem that is pushing this is poor planning by the City. And
we've talked about this other possibly three lanes opening up. We've got to
do something. The City has to do something to...
Mayor Suarez: Where do you cane down? Because I missed what you said.
Mr. Jones: I live one block from...
Mayor Suarez: No, but I mean, where do you come down on this argument? Would
you like to be able to go through Bay Heights or not?
Mr. Jones: Would I like to be - I would like the City to do something so we
don't have to put up any barricades at all.
(APPLAUSE)
Mayor Suarez: All right.
Mr. Jones: So the traffic goes down Bay Heights - I mean, I'm sorry -
Bayshore and U.S. 1, where it's supposed to be, and not through here.
Commissioner Plummer: That's right.
Mr. Jones: So that's it.
Mayor Suarez: OK. That's kind of the way I feel. I know we're going to hear
from Mercy Hospital at some point with that pledge, and that's the request of
Lucia, who represents about half of all the people that are here right now.
But we've really got to bring this to an end. Speak quickly.
Mr. Victor Griley: Mr. Mayor, I've only been here since 4:00 o'clock.
Mayor Suarez: All right, sir, quickly.
Mr. Griley: Thank you. My name is Victor Griley, and I address this to the
Honorable Mayor and the City Commissioners. My name is Victor Griley. I live
308 September 7, 1993
and have lived at 1674 Noc-A-'Pee Drive for over 45 years. It was a peaceful
place then. Later, Bay Heights was developed, the people came, a few at
first, then many more, then added to them, their tradespeople and their
visitors. After many years of complaining about people driving their cars at
high speeds through our neighborhood, and tearing up our little streets, the
Commission authorized the institution of stop signs. These signs made a
change. The thoughtful people stopped and obeyed the law. Some others though
it was a challenge. There's a stop sign, step on the gas. Yes, that
happened. Bay Heights has much the same problem. So in an effort of working
together, Bay Heights came up with Plan A, Natema Manors came up with Plan B.
After long hours of committee meetings, and surveys, and hours before the City
Commission, the Commissioners voted and agreed that Plan A should be tried for
60 days, and then Plan B should be tried for 60 days. From all reports, some
people in Bay Heights raised so much fuss, in less than two weeks, Plan A was
scuttled. That was our own plan. Plan B was instituted. A question: Where
were all these people when their committee was working hard and meeting with
each other and with Natoma Manors, and with hours spent before the City
Commission? Where were they then? During the hearing before the City
Commission, if they didn't like the plan, they should have let their leaders
known weeks ago. I am sorry Plan A did not get its full 60 days trial.
Natoma Manors wants and should be given its full 60 days trial period. It was
promised and relied upon. It should be pointed out that the people in Natoma
Manors are not angry with the people in Bay Heights. We all have friends in
Bay Heights. Further, the people in Natoma Manors are not happy with - are
not unhappy with Mercy Hospital, far from it. We all are glad the hospital is
there. We understand that Mercy has a problem with traffic. I suggest that
Bayshore Drive be made a three -lane street - it is wide enough now - with two
lanes going north in the morning and two lanes going south in the afternoon.
As far as I'm personally concerned, I have friends at Mercy. My family has
supported it since its early days of its existence. A sister of mine even
dedicated a room at the hospital. Mr. Mayor, and Commissioners, let Natoma
Manors continue its trial date the full 60 days, and I thank you very much.
Mayor Suarez: Thank you, sir, and folks, if you agree with the general idea
that certain roads in Dade County should have different directions in the
morning and the afternoon - a very simple thing that many other cities have
been doing about 30 years - please write to your favorite County Commissioner,
because I sit on the Metropolitan Planning Organization, which plans traffic
in Dade County, and I've been suggesting that, but I can't get it implemented
at all. I don't understand why. It would be very easy on South Bayshore.
Last statement, really, folks, and we're going to hear from Mercy Hospital on
their pledge, and try to vote on something here.
Ms. Lissette Lopez: Hi. My name is Lissette Lopez, and I live at 2820
Southwest 36th Avenue. I live in the City of Miami, and I work in the City of
Miami at the Mercy Out -Patient Center_. Now, last I heard, the streets were
made for driving - even from the time of the horse and buggy - not for playing
on. As for crime and children, that problem in Miami is everywhere, not just
in Natoma Manors, not just in Bay Heights. And as a matter of fact, after
hearing the people from the northeast, it's obviously worse in other areas.
Now, they put up barricades, just as well, and it didn't do them any good.
They had to come here on a crisis basis to get police officers. That was what
I said the first meeting that I came to.
309 September 7, 1993
Commissioner Plummer: No, that was Biscayne Boulevard.
Ms. Lopez: We need some police officers in that area. We're avoiding the
obvious. Mercy Hospital has offered to pay for police officers, and for a
planning study. We should listen to them. The barricades are only causing
problems in all the neighborhoods, and they do cause a problem, not just for
the people who live there, but for the people who drive through that area; not
just for the people who live outside of the City of Miami, but there are
people who live in the City of Miami and work in the City of Miami, and go
through that area. So.
(APPLAUSE)
Mayor Suarez: Sir, your views have probably been repeated. If you want to
give your name and address, and how you agree with the general concept of...
Mr. Maurice Cohen: I'll make it very brief. My name is Maurice Cohen. I'm a
resident of Bay Heights, have been for about 30 years. I sincerely hope that
government of the people, for the people, and by the people, has not given way
to government of the Commission, for the Commission and by the Commission. We
accept the rule of law that grants municipal Commissions wide latitude in
regulating municipal vehicular traffic. I've lost my glasses, so I apologize.
(INAUDIBLE Cam)
Mr. Cohen: Oh, thank you. Thank you. We recognize the wide latitude that
the Commission has...
Mayor Suarez: If I didn't know better, I would think that that was all a
trick you pulled there with my wife, to get your - go ahead - for effect.
Mr. Cohen: Did I get any points? But the same rule of law as enunciated by
the Florida Supreme Court, ever since the early 1900's, in case after case,
requires that every act by this Commission be reasonable, meet the doctrine of
reasonableness. Let's for a moment address the reasonableness of this
Commission's actions.
Mayor Suarez: Not quite reasonable. It has to have a rational basis. It's a
little bit less than reasonable.
Mr. Cohen: OK. As regards traffic regulations in Bay Heights and Natoma.
Number one, in a low density traffic area of Natema and Bay Heights - where
two members of this Commission reside, incidentally - there are stop signs in
numbers and locations that defy all reason. Nowhere in Dade County will you
see such a maze of stop signs for so little traffic. Number two, in the very
high vehicular density area, this Commission has decreed the closing of public
streets - not private - public streets that previously helped carry some of
Miami's heaviest traffic during rush hour. What is the reasoning behind these
acts? Ostensibly, complaints by disgruntled constituents, complaining about
traffic on the public streets where they reside, and the inability of their
children to play in those streets. Why are the interests of these few
residents any more important than the tens of thousands of other residents of
the City of Miami who live on heavily trafficked public streets? Should we
close all these public streets so their children can play in the street? This
310 September 7, 1993
Commission is routinely bombarded with complaints and demands from
constituents disgruntled about one thing or another. Does the Commission act
positively on every petition? Of course not. And in most cases, no action is
the proper action. What if the residents of South Bayshore Drive complained
about the horrendous traffic burden in front of their homes? Should we close
South Bayshore or Dixie, so that their kids can play on South Bayshore? Don't
they pay high enough taxes to make such a demand? How about the residents on
25th Road, coming off of the expressway? How about...
Mayor Suarez: Mr. Cohen, I hope you can wrap up. We've heard all of these
before.
Mr. Cohen: What we have here are some few residents of Bay Heights and Natoma
who feel that they are better than most other people in Miami, and at the
slightest whim, their slightest whim should be law. They pretend that they
live in one of those new, fancy walled -in enclaves, where the streets are, in
fact, private.
Mayor Suarez: You're making arguments that are really kind of ad hominem, and
you have behind you two people that are on your side, that represent probably
opposing sides of many aspects of running hospitals in Dade County, and maybe
if you'd let them speak very quickly, that might help your cause.
Mr. Cohen: OK. I'd be glad to relinquish. I only ask that the barricades be
removed, that some reasonable Commission be put together that has traffic
experience to develop a proper traffic plan, and not rely on inexperienced,
unqualified Commissions. Thank you.
(APPhAUSE)
Mayor Suarez: Very good. Thank you, sir.. Last statement.
Mr. John Schoendorf: Mr. Mayor, I'm for the closures. My name is John
Schoendorf, and I'm moving from 2462 Managua on Friday to 1650 Tigertail.
What I'm trying - what I would like to get across to you all is, I was here
several years ago in front of the Commission and spoke about the closures on
27th Avenue. I'm not going to speak about the pros and cons right now, about
why we should have closures, from my standpoint. What I would like to try to
get across to everybody is we had this same emotional trauma that had to be
addressed. We had the same going back and forth, and the heated emotions.
What ultimately happened when all the dust had settled, and the streets had
been closed, and a couple years had gone by, we found out that, clearly, there
was no problem with police protection, there was no problem with fire
Protection, that going to the EZ-Quick the easy way wasn't such a problem to
go around, OK? And the access that we thought we didn't have anymore really
didn't matter, compared to the quality of life that improved our neighborhood.
What you all don't have here, that we did, that's different, is we had beer
cans in our driveway, we had drunks driving down our streets because of coming
from the Loggerhead. We had different problems over here. But the key that I
want to get across is, the big thing, in the end, when we started talking to
each other again - I'm very active in the homeowners' association that we
have - is that what - the toughest thing to overcome was that for 20, 30
years, for some people 40 years, that lived in the neighborhood, they had to
change. None of us like to change. So our first feeling is to stick up our
311 September 7, 1993
V `1 �� 1'x
dukes and want to fight, and not really know why. I think the gentleman that
spoke earlier, the black gentleman that spoke, had the most common sense
approach. It's let's just give this a little bit more time, to see when
emotions settle down, if we're going to still feel this strong about it, or is
it just a reaction. Thank you.
Mayor Suarez: All right. Thank you, sir. Ma'am, I am trying to get to the
two gentlemen behind you, Mr. Weinstein and Mr. Rosasco, who are on your side
of the issue, and who want to make some - presumably, some tenders to the
City, some offers to the City that if we were inclined to accept them -
apparently, everybody is in favor of at least trying to see about the
possibility of widening South Bayshore. So when do you expect...
Ms. Florence Gordon: Yeah. I just wanted to give you an update.
Vice Mayor De Yurre: Mr. Mayor, your wife wants to speak also, so...
Ms. Gordon: My name is Florence Gordon. I live at 41 Bay Heights Drive. You
were correct when you said that in March, the Bay Heights Board of Directors
voted to implement the barricades. You were correct in that. However, you
were not given an update. A few weeks ago, the Board of Directors met again,
and decided - and in view of the hardship and the dissension...
Mayor Suarez: I would think that the situation has changed.
Ms. Gordon: ... they reversed their opinion and they are in favor of removing
the barricades.
Mayor Suarez: All right.
Ms. Gordon: That's just to give you an update.
Mayor Suarez: I would have assumed that. Sir, the last statement over here.
Mr. Jon Kislak: Yes. Thank you, Mr. Mayor. My name is Jon Kislak. I live
at 3333 Halissee Street. We've lived there for five years. You are right,
most of the arguments have been made. They were made before, and they've been
made for years, and years, and years. We reached an agreement. We came
before the Commission, we made a proposal jointly, and we reached an agreement
to have a trial period, at the end of which, there would be a City supervised
vote, in one way or another - not stories about petitions, and how many people
this and how many people that, but a real test, and a City supervised vote to
see what people wanted to do. And I would hope that we can stick by the
arrangement that we reached some 60 or 70 days ago, and see that through, and
have a City vote, and rather than who's here and who isn't here, and who
signed and who didn't sign, that we really find out what the facts are.
(APPLAUSE)
Mayor Suarez: All right, Mr. Rosasco, I know you have your chairperson here,
too, and I think if you don't say something, you could be in trouble there
with the good sister. Yes.
312 September 7, 1993
Mr. Ed Rosasco: Thank you, Mr. Mayor. Commissioners, I'm Ed Rosasco. I'm
the President of Mercy Hospital, and I step to the Rostrum with some
trepidation, because I recognize that we, as an institution and not a voting
electorate, could well become the caawn opposition for everybody. Let me
tell you that Mercy Hospital has not sided with anybody on this particular
issue. We have not purchased T-shirts, albeit we have been in regular
comamninication with the leadership of Natoma Manors, as well as the .leadership
of Bay Heights, in trying to work towards some compromise and some common
solution that would meet everybody's needs. In doing this, OK? - I, should
tell you, or remind you, I guess, that hospitals in the United States,
unfortunately or fortunately - but I would like to opt for the latter - exist
in residential communities. We don't put our hospitals out in the rural part
of the country for people to have long access to get to, aril we don't put our
hospitals in the industrial complex of the inner city, all because people need
to have access to our facilities. I would remind you also, if you're not
aware, that everything that every hospital in the State of Florida does, for
the most part -- certainly, the vast majority of our expansion programs - have
to go before the State, and we need to have a Certificate of Need, which is
most difficult to get from the Agency for Health Care Administration. That
Certificate of Need documents that our particular hospital - whether it be
Baptist on Kendall Drive, where there is significant traffic, or whether it be
Mercy on South Bayshore Drive - is issued a Certificate of Need, because we
are the best located, best qualified hospital to provide for that particular
service. So we don't go off without the oversight of someone to create
programs that you might feel are not in the community's best interest. And I
would again say that whether it be Baptist Hospital, whether it be Deering
Hospital, whether it be Kendall Hospital, hospitals do, in fact, exist in the
communities that they serve, because we are community service -driven. OK?
The Mercy Hospital expansion plans are not as onerous as has been labelled
here, and I would also tell you that they have to go before this City's
Planning and Zoning Board, a meeting of which some of you have been advised of
is tomorrow night. And we are prepared to demonstrate the efficacy of those
plans, and the little impact that they will have on the traffic problems of
this particular comYmanity. And if we cannot do that, obviously, the Zoning
Board should not approve them. So let's just sit here and say, leave the
barricades up because of Mercy's grandiose plans - these plans have to go
before a separate forum. We're interested in reaching compromise, also. We
have been a good neighbor to this particular community, and I won't go into
the long, lengthy, free service that we provide that you would be taxed in
order to have it provided somewhere else, OK? But I would tell you that we
are prepared to reach same type of conciliation and some type of compromise.
We offered initially to pay the price of a policeman to stand on the corner of
Alatka and South Bayshore to prevent traffic from accessing that from South
Bayshore Drive. We have gone further. We have offered, through the
Commissioner, and through the leadership of both Bay Heights, as well as
Natoma Manors, that we will pay the cost of an eight hour a day, five days a
week, Monday through Friday policeman to patrol both of these co comities.
(APPLAUSE)
Mr. Rosasco: While this would require a compromise feeling on the part of
both communities, it would enhance security, it would cut down speeders, it
would eliminate - OK? - the unsavory people who drive into your commnities,
313 September ?, 1993
and albeit, it will not stop traffic, but it would better control that
traffic.
Commissioner Plummer: Let me ask you a question. Would Mercy Hospital be
willing to pay for one, two, three patrolmen for four hours every afternoon
except Saturday and Sunday, from 3:00 to 7:00 in the afternoon; and pay for
one patrolman at Dixie and Halissee from 7:00 a.m. to 10:00 a.m. for the
remainder of the 60 days, until a plan can be studied and brought back? Such
policemen would only allow local traffic. "Local" means that there would be
decals issued for the residents of Bay Heights, and decals entered for Natama,
and you would be able to get in and out of your subdivision. And that would
be the only way that I could vote in good conscience to take the barricades
down.
(APPLAUSE)
Mr. Rosasco: Commissioner Plummer, if I might. OK. Commissioner Plummer, I
have met with you are recently as Thursday morning.
Commissioner Plummer: Of course.
Mr. Rosasco: At which time, we talked about any number of solutions. I am
authorized by our Board to, certainly, irrevocably offer the police coverage
that I just mentioned. We will be more than happy to pay the expense of a
traffic survey to further study the issue in a collaborative way with both
communities. I am authorized to say that we will participate, OK? - in the
expense of widening South Bayshore. I think it was said earlier that we would
pay for that, and I don't know that we're prepared to do that.
Mayor Suarez: I stretched it a little bit.
Commissioner Plummer: You're not.
Mr. Rosasco: To the response to your particular proposal, it's rather
detailed. I need to study it, and our executive committee...
Commissioner Plummer: No, it's not detailed.
Mr. Rosasco: ... our executive committee needs to respond. But tonight, I
come before you with those commitments to the outcome, on the part of Mercy
Hospital. And again, in closing, I am pleased to see that this Commission has
recognized that Carol Manor is a member of this commmmity. They were not
involved in the original study, but certainly, their egress is impacted as a
result of the barricades. And I would again close by thanking this Commission
for the opportunity to make this presentation, and I would ask that some
conciliation...
Commissioner Plummer: I have a problem, OK? If you're willing to make the
commitment that I just spoke of, I'm willing to make the commitment to take
down the barricades. I can't make a commitment tonight and hope that you'll
make a commitment tomorrow. I can't do that. Now, if you're willing to go
the extra mile...
Mayor Suarez: Why don't - Commissioner, on that issue, obviously, he hasn't
cranked up the difference in the cost of the two alternatives.
314 September 7, 1993
Commissioner Plummer: Mr. Mayor, it's simple. Make it "subject to.
Mayor Suarez: It may be, Ed, that what he's proposing may actually cost less
than what you're proposing. I'm not sure it's -a great idea in every other
respect, but as far as the financial aspect of it...
Mr. Rosasco: I would say, Ccnrmi.ssioner Plummer, that there is...
Commissioner Alonso: Eighty hours.
Commissioner Plummer: It would be 16 hours a day.
Commissioner Alonso: It's 15; 80 hours.
Mr. Rosasco: Please, without getting into the detail and...
Mayor Suarez: Well, what I'm - wait, wait.
Mr. Rosasco: There is nary a proposal that we would not study.
Mayor Suarez: Wait, wait, wait. What I'm saying is, we can either table the
matter if we don't reach a - I mean, if you think it might be able to be
worked out in a side office here, you can calculate all those things, Ed, and
come back and say whether you agree with that proposal; or we can end up - if
we don't reach a consensus here, we might end up deferring the item, in which
case, that avenue should be explored. It may be that what he's proposing
makes more sense than the other officer, from the standpoint of traffic. I
don't know. Be careful with one aspect of what he proposed, which is the
constitutionality of telling people they can't go into the neighborhood,
although I will also say that certain things that have been held to be
unconstitutional can still be done, and some people will go through in any
event, and they'll know that it's unconstitutional. But a lot of people...
Commissioner Dawkins: What I'd like to suggest to both of you...
Mayor Suarez: So you might want to explore that as a - because it may be that
we're all in favor of that, but that may not solve everything tonight.
Commissioner Dawkins.
Commissioner Dawkins: I'm going to suggest to all of you, if you're going to
hire off -duty officers...
Commissioner Plummer: Yeah, you're talking about 80 hours.
Commissioner Dawkins: ... hire off -duty Florida Highway Patrolmen. Do not
take any of my police away from fighting crimes to direct traffic, when you
could pay overtime to Florida Highway Patrolmen to do what you want done.
Now, that would be my suggestion.
(APPLAUSE)
Mayor Suarez: All right, Commissioners.
315
September 7, 1993
Camtissioner Plummer: Wait a minute, I've got to have that - whoa, whoa,
whoa, cane back. I've got to have that. That's our Cc mission meeting for
the next three months.
Mayor Suarez: A Commissioner has kind of stated that he would like to see a
solution to that; otherwise, he's not in a position of voting.
Cc missioner Plummer: Mr. Rosasco, for your information, I'm told by the
Manager that that would equate roughly...
Mr. Rosasco: I might be able to respond.
Mayor Suarez: Wait, wait, Ed, he's about to give you a figure here.
Mr. Rosasco: OK.
Commissioner Plummer: That is $1440 a week, is what it would equate to, more
or less.
Mr. Rosasco: Mercy carmits to that. We will commit to that right now.
Mayor Suarez: All right. All right.
Mr. Rosasco: We will commit to that right now.
Mayor Suarez: OK.
Commissioner Plummer: Fine with me. You got my vote.
(APPLAUSE)
Mr. Rosasco: Thank you very much.
Commissioner Dawkins: Mr. Manager...
Mayor Suarez: All right. Commissioners, we'll have to take this matter and
make a decision one way or the other.
Commissioner Dawkins: Mr. Manager, Mr. Manager, are you going to see if you
can get the Florida Highway Patrol to do this work, instead of the City of
Miami?
Mr. Odio: Well, they are talking about off -duty police officers.
Commissioner issioner Plummer: Off duty, that's what we're talking about.
Commissioner Alonso: Off duty.
Ccmmmissioner Dawkins: Off duty, that's all we got is off -duty police. They
either at Sears, they're at Publix or - that's all I got.
Mr. Odio: I'd prefer to offer it to our police officers first.
Commissioner Dawkins: I won't vote for it, because I just - I feel that...
316 September 7, 1993
Mr. Odio: You can do whatever you want.
Mr. Rosasco: A matter of clarification, Mr. Mayor. We will commit to the
expense. However, I think it's commonly }mown that to the tune of about 300
cars a day, Mercy traffic would have to have access directly across, OK?
(SHOUTING STRONG PROTESTS FROM THE AUDIENCE)
Commissioner Plummer: You're going to lose it. You're going to lose it.
Who's going to stand there and count 3007
Mr. Rosasco: Well, we've measured that. OK? That's the compromise that we
would need to have.
Commissioner Plummer: Well...
(PROTESTS HEARD FROM 'A E AUDIENCE)
Mr. Odio: No, no, no way.
Commissioner Plummer: Well... as you had my vote, you lose my vote. I think
that the compromise was fair. I think that the people on both sides were
being compromised in both areas. I think the people of Bay Heights, their
kids - look. You know, let me tell you something that I haven't said so far.
I've seen those same kids in Bay Heights enjoying the safety that they didn't
have before. All right? Now, I'm saying to you, I think it is a very fair
compromise for Mercy Hospital to have to cone up with $1,500 - and Mr.
Rosasco, that is only, sir, until, hopefully, some other method or plan can be
worked out to accomplish the same end, OK? But to allow that the Mercy
Hospital ... you can't do it, sir! The minute you open that gate to someone
other than local, you've opened up the whole barn door.
Mr. Rosasco: If you will accept that Mercy Hospital. does - and I am sorry to
be direct in this - have a vested interest in the solution, then for the
period of the trial, we will cover the expense.
Commissioner Plummer: OK. That's fine with me, sir. I mean, you're talking
about, hopefully, no more than 90 days. OK? You're willing to pay for the
traffic study.
Mr. Rosasco: That is correct.
Commissioner Plummer: These people - I would love to see, because I am fed up
of sitting in my driveway with everybody caning by telling me what they think,
good, bad and indifferent. I can't sit down and enjoy my glass of wine.
(LAUGHTER) I'm tired of neighbor against neighbor! That's wrong. All right?
(APPLAUSE)
Mayor Suarez: You're drinking in public.
(APPLAUSE)
317 September 7, 1993
Commissioner Plummer: All I'm saying to you is, I would hope that the Bay
Heights, again, could some up with some people of their representatives,
Natoma with their representatives...
Commissioner Alonso: Yes.
Commissioner Plummer: ... let's get our people together and - yes, sir, the
people on Bayshore and Ray Asmar on 17th Avenue, they are affected. Get the
affected people, and let's corn up with something workable.
Commissioner Dawkins: Mr. Mayor, why is it everybody else in the City of
Miami gets picked up for open container drinking, and he sits in his yard with
wine and don't get picked up?
Commissioner Plummer: Because you're not as smart as I am. I do it under my
carport. You do it out on the street. That's the difference.
(LADauR)
Mayor Suarez: All right. Commissioners, I'll entertain a motion at this
point or any discussion by the Commission.
Commissioner Alonso: So we remove the barricades.
Mayor Suarez: The public hearing is closed, and we need to decide.
Commissioner Plummer: Mr. Mayor, I'll offer at this time a motion. I'm
assuming I can, even though Sid Aronowitz and I thought I shouldn't vote. But
I think I should, in all conscience. I think that we should accept the offer
of Mercy Hospital to put forth not to exceed $1,500 a week, that they will
position a patrolman at Samana and Bayshore, Alatka and Bayshore, Halissee and
Bayshore, for the period of 4:00 in the afternoon to 7:00 in the evening -
four hours - for local traffic only. They will also position a patrolman from
7:00 a.m. - we'll make it 6.00 a.m. to 10:00 a.m., so it's the same - you
can't get a patrolman for less than four hours, that's what I'm getting at -
for a patrolman to be at Halissee and Dixie from 6:00 a.m. to 10:00 a.m., to
allow local traffic to exit only, OK? And that the City Administration will
investigate some kind of a decal issued to the residents.
(INAUDIBLE C a4 EW)
Commissioner Plummer: What about what?
(INAUDIBLE CONS)
Commissioner Plummer: The visitors will have to go around during those peak
hours. During the peak hours, OK? And there was only one other provision, so
Nora Reboso doesn't kill me. School buses are to be let through, regardless.
School buses are to be let through. I will offer that in the form of a
motion, Mr. Mayor.
Unidentified Speaker: I have an office on Tigertail.
Mayor Suarez: So moved.
318 September 7, 1993
Commissioner Plummer: I I m sorry?
Unidentified Speaker: What about my clients?
Commissioner Plummer: In the peak periods, sir.
Unidentified Speaker: What about my clients?
Commissioner Plummer: In the peak period. That is the problem.
Mayor Suarez: At this particular point, sir, the public hearing is closed.
We're dealing with a situation of great conflict. Please. And it's 8:45 p.m.
We haven't approved the budget yet. Please.
CaTmissioner Plummer: It's four hours
Vice Mayor De Yurre: Mr. Mayor.
Mayor Suarez: Vice Mayor De Yurre.
Vice Mayor De Yurre: Yes.
(IMMIRLE WANEW)
Mayor Suarez: Sir, please.
Commissioner Plummer: It would be three - let me correct it, Mr. Mayor. Four
hours...
Mayor Suarez: You're not recognized, sir!
Unidentified Speaker: You closed the hearing! You closed the public hearing.
Mayor Suarez: I sure did. Mr. Vice Mayor.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: You're not recognized either, ma'am. You're not recognized,
and everybody can just get off the microphones and step back a little bit,
please! This Commission has to act tonight.
Commissioner Plummer: Let me correct a point, Mr. Mayor.
Mayor Suarez: Just move back a little bit. Be reasonable. We've listened to
this now many, many times. Ma'am, you can sit down. We're not going to take
any more from the public hearing. You can stand up, either way, but you don't
need to raise your hand. All right.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: The Vice Mayor asked to be recognized, please.
Commissioner Plummer: Can I correct a point, please.
319 September 7, 1993
Vice Mayor De Yurre: I'll let - go ahead.
Mayor Suarez: OK. Yield to Commissioner Plummer.
Commissioner Plummer: I would like to correct a point. You cannot get a
patrolman for less than four hours, so it would be from 3:00 in the afternoon
till 7:00 in the evening, which is the four hours. I'm just correcting that
point.
Mayor Suarez: All righty. OK.
Vice Mayor De Yurre: Mr. Mayor, one of the areas of concern, it seems to me
that we're putting police officers at these corners, it's to keep the traffic
that does not have any business being in there from not going into the area.
Correct? OK. So what we have is a situation wherein the people from Bay
Heights are facing the same scenario whether you have barricades or not.
r
(INAUDIBLE COPM*NTS FROM THE AUDIENCE)
Mayor Suarez: Please, please!
Vice Mayor De Yurre: It seems to me.
Mayor Suarez: I'm sorry, Mr. Vice Mayor. I've missed everything you said.
Vice Mayor De Yurre: It seems to me that except for the people that can go
into the Natoma area, which are the residents of that area, the problem that
Bay Heights had been complaining about, that they can't get from Bay Heights
out, going west with the traffic, is going to remain.
Mayor Suarez: No, I think that the motion was coupled with the elimination of
the barricades. That's what you were saying.
Commissioner Plummer: Yes, sir, that would be...
Can-aissioner Alonso: Oh, yes. Yes.
Commissioner Plummer: Excuse me. The barricades would came down, with the
patrolman there, OK? Now, this gentleman asked about how...
Mayor Suarez: Presumably - OK. No. To complete his trEND of thinking, just
to clarify, presumably, what he's saying is that if you live in Bay Heights,
and you want to use Natoma to get out, you're not going to be prevented fran
doing that.
Commissioner Plummer: Oh, you can exit.
Mayor Suarez: That's just to clarify the motion.
s
Commissioner Plummer: I can live with...
Mayor Suarez: Folks, I am not arguing one way or the other.
320 September 7, 1993
i
Vice Mayor De Yurre: Mr. Mayor, just so that I can be clear, then...
Mayor Suarez: Yes. r,
Commissioner Plummer: Wait a minute. I got to make a point.
Vice Mayor De Yurre: ... The Bay Heights people don't have a problem with the
barricades being in Natcma Manors.
(SHOUTING AND PROTESTS FROM TUE AUDIENCE)
Commissioner Alonso: No barricades, no barricades.
Commissioner Plummer: No, that's not our problem. That don't hurt us.
Vice Mayor De Yurre: No, no, no. I'm saying if they were there, would you
have a problem with them?
(THE AUDIENCE RESPONDS BY SHOUTING YES)
Vice Mayor De Yurre: You would, right? OK. Now, I just want you to
understand that as I envision this, except - that the same traffic problems
that you have when the barricades are up is going to remain, except for the
people that live in that area, that are going to be able to go in that area.
Commissioner Plummer: Only at the peak hours, Victor. Only at the peak
hours.
Vice Mayor De Yurre: Well, that's when you have traffic problems, during peak
hours.
Commissioner Plummer: OK.
Vice Mayor De Yurre: Hey, I just want to clear that.
Mayor Suarez: OK. In a sense, what he's saying too is that the two
neighborhoods would be treated as one for purposes of ingress and egress, is
what he's saying.
Commissioner Plummer: And Mr. Mayor, let me answer this gentleman over here
about his business on Tigertail. Sir, they can - during the peak hours, you
can inform your clients they can come in from 17th Avenue on any of three
streets, OK?
(INAUDIBLE STATED Nr NOT PLACED INTO THE PUBLIC RECORD)
Commissioner Plummer: No.
(INAUDIBLE STAMEM NOT PLACED INTO THE PUBLIC RECORD)
Mayor Suarez: We need your name on the record. The Commissioner is asking
you to speak. He's just about reopened that part of the public hearing for
purposes of only your testimony, sir.
321 September 7, 1993
Mr. Jorge Trelles: My name is Jorge Trelles. I live on 1617 Tigertail.
Commissioner Plummer: He's a new gentleman in the block.
Mr. Trelles: Yeah. And it's, by the way, been the same neighborhood
association that directed letters and problems to my own private...
Mayor Suarez: He was asking you a couple of questions. Please, just answer
those, sir.
Mr. Trelles: Yeah, OK. But I'm a little emotional because of this.
Mayor Suarez: Yeah, but we got to stick to what he's asking you, Jorge.
Mr. Trelles: I think that it goes beyond clients and it's about freedom of
people entering.
Mayor Suarez: Well, we can't have an argument here, Jorge.
Mr. Trelles: No, no, it's not. I think it goes beyond clients.
Mayor Suarez: He wants to know something specifically about your clients,
whether they cannot use...
Commissioner Plummer: No, I was answering a question he had.
Mr. Trelles: No. It goes beyond clients. I mean, it really goes beyond
clients.
Mayor Suarez: All right. You're out of order.
Mr. Trelles: What about my mother? What about my mother?
Mayor Suarez: You're out of order, sir.
Mr. Trelles: If she wants to come visit me at the...
Mayor Suarez: You're out of order. You're out of order. He wanted you to
answer one or two questions. He was going to give you an opportunity to
answer those. You don't seem to want to answer those. You are out of order.
Mr. Trelles: OK. I'll answer the questions directly, if you can put the
question back.
Mayor Suarez: All right. Commissioner, do you want to ask him?
Commissioner Plummer: No. I answered the question.
Mayor Suarez: All right.
Commissioner Plummer: He asked a question which I answered. Your people,
your clients, which are limited, by the way, in the amount of clients that you
can have out of your home.
322 September 7, 1993
Mr. Trelles: Well, what about my mother?
Commissioner Plummer: Your mother can came in from 17th Avenue, from
Micanopy, from Noc-A-Tee, without any problem.
(INAUDIBLE CO MEDTM FROM THE AUDIENCE)
Commissioner Plummer: No! 17th Avenue.
Mayor Suarez: All right, all right. The public hearing is once again closed.
We've clarified probably very little.
Commissioner Plummer: You can go in...
Commissioner Alonso: May we know...
Commissioner Plummer: You can go in from 17th Avenue.
Mayor Suarez: Commissioner Alonso wants to inquire as to what kid of business
you have, sir.
Cc miissioner Alonso: Sir, what kind of a business do you have?
Mr. Trelles: I have an architectural practice.
Commissioner Alonso: Architectural practice?
Mr. Trelles: YeS.
Commissioner Alonso: How many people do you get? Not that many, do you?
Mr. Trelles: No, not that many. But I have also students and colleagues from
the university...
Mayor Suarez: And Jorge, keep in mind that the City of Miami...
Commissioner Alonso: So you mean...
Mr. Trelles: ... that come to my house a lot.
Mayor Suarez: And keep in mind that the City of Miami is the only
jurisdiction, I believe, that allows you to have 25 percent of your
residential facility to be used for a business.
Commissioner Plummer: And all employees must be family.
Commissioner Alonso: Yes. They would have access.
Mayor Suarez: So many other jurisdictions would solve that particular problem
by simply saying you can't do it.
Mr. Trelles: Well, I pay a license for that.
Commissioner Alonso: Yes. And Mr. Mayor, let me explain to him. They will
have access.
323 September 7, 1993
Mayor Suarez: No, no. I am just saying something, sir. Please have a seat.
Somebody from the City Manager's office help us to keep order here. The
gentleman is not being recognized. Now.
Commissioner Alonso: Yeah, let me explain to him.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: They will have access into the area. It's not that they
will not be allowed. But he has to think that this is not a commercial
district. This is a residential area. So we are trying to find solutions to
a serious problem, and we cannot take one case out of context, because you
have an office that seems to be a very heavy or visited place. Try to work -
they can go around, they will have access, but we cannot make specific
changes, because this is not a commercial district. If we had a commercial
area, the situation would be different.
Mr. Trelles: Yes, I understand. That's why...
Mayor Suarez: All right. No, that is not a question, I don't believe. She's
just making a statement.
Commissioner Alonso: Yeah, I think he has to understand that. I'll talk to
him later.
Commissioner Dawkins: Lucia, don't leave.
Mayor Suarez: Please! Please, Mr. Trelles, you are done. The public hearing
has ended. Commissioner Dawkins, and then we're going to have to take action
on this, folks.
Commissioner Alonso: Yes.
Commissioner Dawkins: When you were City Attorney, we put a "no left turn"
on - what was it?
Mr. Olio: Alatka.
Commissioner Dawkins: OK. You remember?
Commissioner Plummer: Alatka and Halissee.
Ms. Dougherty: Well, I wasn't City Attorney, but I know the issue.
Commissioner Dawkins: All right. And it was ruled unconstitutional.
Commissioner Plummer: No. It was not enforced and the courts threw it out.
Commissioner Dawkins: Say what now?
Commissioner Plummer: It was not declared unconstitutional. It just wasn't
enforced.
324 September 7, 1993
7
Commissioner Dawkins: Well, it was unlawful. OK?
Commissioner Plummer: Correct. Well...
Commissioner Dawkins: So, now, how does my City Attorney feel about me
putting police to direct traffic to do the same thing that we put the signs up
that say you couldn't do?
Mr. Jones: Well, you're really placing the officers in a very untenable
position, and I'm...
Commissioner Dawkins: The officers?
Mr. Jones: Yeah.
Commissioner Dawkins: Why?
Mr. Jones: Well, what I'm more concerned about is this whole thing with the
decal, though, because...
Mayor Suarez: Do you have, Mr. City Attorney, a way to try to implement the
proposal made by Commissioner Plummer...
Commissioner Plummer: Well, may I inquire?
Manor Suarez: ... -that would not be illegal or unconstitutional?
Commissioner Plummer: May I inquire about Belle Meade (phonetic)? They've
got a guard gate with an arm.
Mr. Jones: Yeah, but they don't restrict access.
Commissioner Plummer: Buddy, you go up there and try to get in...
Mr. Jones: No, no, no.
Commissioner Plummer: ... without stopping and telling them where you're
going.
Mr. Jones: Yeah, but they still allow access to the public streets. What
they do is record the tag numbers, and that's what I'm saying.
Mayor Suarez: Yeah. They, kind of in a subtle way, let you know by slowing
you down and by letting you think that you can't come in there if you're not
from the neighborhood, that you're not supposed to.
Commissioner Alonso: Well, couldn't we do it that way?
Commissioner Plummer: How about the same here?
Commissioner Dawkins: No problem, no problem.
Commissioner Alonso: Why are you caning, where are you going, you know?
325 September 7, 1993
Mayor Suarez: Right. It can be challenged, but, Mr. City Attorney and Mr.
Manager, it sounds like if this motion passes, you're going to have to work
your darndest to make sure that we can do this lawfully, and that it makes any
sense to even try it. In the meantime, was there any clarification having to
do with the financing of all of this?
Mr. Rosasco: Not at all. I would just repeat the desire for Mercy Hospital
to participate in the solution, you know. And we do have some...
Commissioner Plummer: Mr. Rosasco, I would like to add to the motion that
this matter come back before the City Commission in the first meeting in
January. That will give a hundred - that will be - September, October,
November, December. That will give 120 days, or sooner, but no later than the
first meeting in January to come up with some workable solution, equitable,
fair to all people concerned that live in the area.
Mr. Rosasco: And you're saying then that Mercy...
Commissioner Plummer: I'm adding that so that...
Mr. Rosasco: Mercy would certainly...
Mayor Suarez: With that motion and that proviso that it come back - you might
want to say the first meeting in December instead of...
Commissioner Plummer: Well, I said no later than.
Mayor Suarez: All right. We have a motion. Do we have a second?
Carmissioner Alonso: Yes, second.
Mayor Suarez: Moved and seconded. Any further discussion from the
Commission?
Vice Mayor De Yurre: Yes, sir, Mr. Mayor, just for the record.
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor De Yurre: For the record, I want to make sure what we're doing,
and I have to ask the City Attorney, are you telling us that it is illegal to
keep people from going into the area with or without a decal?
Mr. Jones: I'm not telling you it's illegal. What I'm telling you is, I need
to look further into it. I think there may be some problems with just denying
total access altogether on public streets. Certainly, I know of cities or
areas that use decals or whatever else, but I can't sit here and tell you
absolutely, unequivocally, that it's perfectly legal. I have to look further
into it.
Commissioner Plummer: Well, I would hope, Mr. City Attorney, you understand
that if this is the only point that I have seen where everybody is pretty much
in accord, that you find a way to help us out of this dilemma.
Mr. Jones: I'll do my best, sir.
326 September 7, 1993
Mr. Jim Kay: May I ask a question?
Commissioner Alonso: Yes, Mr. Mayor, he has - he has...
Mayor Suarez: OK. With the motion understood and a second - yes, Mr. Kay.
Commissioner Alonso: Yes. She has a verification.
Mr. Kay: If I could just ask one question. The barricade...
Mayor Suarez: Our Public Works expert par excellence and everything else.
Commissioner Plummer: Our traffic is more important than budget.
Mr. Kay: The barricades are to remain until such time as the decals are
issued?
Commissioner Alonso: What?
Commissioner Plummer: Yes.
Mr. Kay: The barricades are to remain?
Mayor Suarez: I think the details... no, the intent of the motion, if it
passes, Mr. Kay, is that the details of the administration of this have to be
worked out by the Manager, and the City Attorney, and the Police Department,
and they will let you know when you can even try to implement this, because
until they're sure that it's a go item, you can't implement it at all.
Commissioner Plummer: Well, excuse me.
Commissioner Alonso: So wait a minute.
Unidentified Speaker: What about the barricades?
Mayor Suarez: I'm not saying that that would include signs or decals. I'm
not even sure that's a good idea. But they're going to have to work that out.
Commissioner Plummer: But are we saying...
Commissioner Alonso: Mr. Mayor, for my vote, I need to ]allow when this is
going to be implemented.
Commissioner Plummer: Tomorrow.
Commissioner Alonso: Because it will be a nightmare, we will not know when it
will be in effect...
Mayor Suarez: OK. The maker of the motion...
Commissioner Alonso: ... and I think the ccamunity needs to know when.
327 September 7, 1993
Mayor Suarez: The maker of the motion, do you intend for this to be
implemented as soon as the Administration has concluded a viable way of doing
it...
Commissioner Plummer: Mr. Mayor, for the maker of the motion, one, is...
Mayor Suarez: ... or immediately, or which? Please.
Camussioner Plummer: The maker of the motion, one is concurrent with the
other. If the City Administration can implement the police manpower tomorrow,
the barricades come down tomorrow.
Commissioner Alonso: OK.
Commissioner Plummer: If they can't do it until Monday, the barricades cane
down on Monday.
Mayor Suarez: All right.
Commissioner Plummer: One is concurrent with the other.
Commissioner Alonso: Fine. But you are thinking within a week, maximum.
Commissioner Plummer: Well, I think Monday should be a maximum or we get rid
of the Administration.
Commissioner Alonso: All right. Great, fine.
Mayor Suarez: All right. I get the tenor of the motion. I think it's
understood. Does the second accept that? You seconded?
Commissioner Alonso: Sooner. OK. His wife will kill him.
Commissioner Plummer: I have no problem if it's done tomorrow.
Mayor Suarez: Madam City Clerk, who seconded?
Ms. Hirai: Commissioner Alonso, Mr. Mayor.
Mayor Suarez: OK. Do you accept that understanding?
Commissioner Alonso: Yes, yes, of course. Yes.
Mayor Suarez: Moved and seconded. Motion understood. Please call the roll.
328 September 7, 1993
f'
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-558
A MOTION OF THE CITY OF MIAMI DIRECTING THE
ADMINISTRATION AS FOLLOWS:
1) TO REMOVE THE. TEMPORARY BARRICADES ACROSS
SAMANA DRIVE AND ALATKA STREET AT THEIR
INTERSECTION WITH SOUTH. MIAMI AVENUE;
2) ACCEPT MERCY HOSPITAL'S OFFER TO PUP FORTH
$1,500 A WEEK FOR THE PURPOSE OF PLACING ONE
PATROLMAN AT SAMANA AND RAYSHORE DRIVE, ONE AT
ALATKA AND BAYSHORE, AND ONE AT HALISSEE AND
BAYSHORE DRIVE, BETWEEN THE HOURS OF 3:00 P.M. AND
7:00 P.M., FOR CONTROL OF LOCAL TRAFFIC; FURTHER
STATING THAT AN ADDITIONAL PATROLMAN SHALL BE
STATIONED AT HALISSEE AND DIXIE HIGHWAY FROM 6:00
A.M. TO 10:00 A.M. TO ALLOW LOCAL TRAFFIC TO EXIT
ONLY;
3) TO EXPLORE THE FEASIBILITY OF ISSUING DECALS M
AREA RESIDENTS;
4) TO ALLOW SCHOOL BUSSES TO INGRESS AND EGRESS
THROUGH THE AFOREMENTIONED AREAS;
5) DIRECTING THE CITY ATTORNEY, CITY MANAGER AND
CHIEF OF POLICE TO WORK ALL PERTINENT
ADMINISTRATION DETAILS; FURTHER DIRECTING THE CITY
MANGER AND CITY ATTORNEY TO ENSURE THAT ALL STEPS
COMPLY WITH EXISTING LAW; AND FURTHER DIRECTING
THAT THIS ISSUE BE BROUGHT BACK BEFORE THE
COMMISSION NO LATER THAN THE FIRST MEETING IN
JANUARY, 1994 TO ATT04PT TO FIND AN EQUITABLE
SOLUTION TO Tf-M PROBLEM.
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: All right. Ladies and gentlemen, we have to vote on our
budget, please. God help us if this doesn't work. And the least you can do
with that young lady is take her upstairs to my office and have her tell my
staff what a schmuck I am or whatever, but make sure she gets her say. Make
sure that she gets to say what she wants, because I don't think she ought to
leave here without saying it.
329 September 7, 1993
4`r
(MISCE L NFAUS C=4ENTS EXCHANGED BETWEEN MEMBERS IF THE CITY Ca�MSSION AMID
INTERESTED RESIDENTS)
Mayor Suarez: I forget. Dr. Reyes is working on trying to get the traffic
light instituted. I know he's working on trying to get that traffic light out
at Carol Manor, and if not, you are now working on it. But you're going to
help him, right? And my staff, too. The County decides.
Commissioner Dawkins: All right, bro. Any time, bro.
Unidentified Speaker: What happens if it cannot be done?
Mayor Suarez: He's going to have to come up with some other way to do it.
That's the way I understand the motion. If something cannot be done, it
cannot be done. We're back where we started from. We had to make a condition
on that. OK? All right. Mr. Kay, I need a favor on the issue of the street
light, which also is creating major problems for Carol Manor. Could you work
with him? They don't even know right now if it's the County or the City. OK.
We did as well as we could on the barricades here.
(INAUDIBLE COMMENTS)
Mayor Suarez: Oh, my God. If you feel that way, being against the
barricades, then you didn't understand what just transpired here.
(INAUDIBLE Ca4 ENDS)
Mayor Suarez: Well, we think it can be done. I think it can be done. I
think we did - - All right, folks, if you don't know what was - all right.
Please, everyone, we need to act on a couple other items.
Commissioner Alonso: You know what we should have done? We should have said:
Then we call an Emergency meeting, Mr. Mayor? If it doesn't - if it's not -
if we are not able to apply what we promised the citizens, we have an
obligation to the citizens to call a special meeting, and the Mayor has the
power to do so. He can do it, let's say, by Monday. By Monday.
Mayor Suarez: Of course we do, of course.
Mayor Suarez: All right, folks. One last clarification that seems to be
troubling a lot of people. Please, please.
Commissioner Alonso: Maybe right away, tomorrow, tomorrow. Yes.
Commissioner Plummer: That's what I've been saying, sir, for a year.
Mayor Suarez: Please, everyone. Friends, foes, enemies. Miss Reboso, Mr.
Simon, Ms. Hernandez, everyone, Tere, the whole gang, Doctor, please. All
right, folks, folks, there are some people - please have a seat, Doctor,
please.
Commissioner Plummer: It's 9:00 o'clock. Let's go home.
Mayor Suarez: We have to pass the budget.
330 September 7, 1993
Commissioner Dawkins: Let's go, J.L.
Commissioner Plummer: It's 9:00 o'clock.
f Mayor Suarez: Commissioner, please. There are some people who feel that this
matter will not work, and I'm wondering what happens if the City Manager and
the City Attorney are not able to come up with a viable, legal and
constitutional plan to implement. Why, if you're against barricades, you
would dwell on that possibility is beyond me as a practical matter, because we
have done incredible things for the people who are against barricades. But,
if you need to worry about that, I can assure you if, what the Commission
intends to do cannot be done in a reasonable period of time, we'll have to
call a special session and do something.
Commissioner Alonso: Sure.
! Mayor Suarez: All right? We're not just going to forget about the whole
issue, for Cod's sake. So please, be assured of that. But don't lose too
much sleep over it. I mean, these folks are quite intelligent. You seem
worried right now, but they're going to come up with something.
j
j Commissioner Alonso: We will find ways.
Mayor Suarez: They're going to came up with something. All right?
Unidentified Speaker: The barricades stay till then? The barricades stay?
Mayor Suarez: Please! There's nothing further one could possibly add to
this, ma'am. Whatever_ else you need - thank you, Chief of Staff. Would you
please run through every possible worst case scenario, including the end of
the City, and so on.
Commissioner Plummer: Oh, thank God we only got him for three more meetings.
Commissioner Alonso: That's the end of the City.
------------------------------------------------------------------------------
56. (Continued discussion) FIRST READING ORDINANCE: MAKE APPROPRIATIONS
FOR CITY OF MIAMI FOR FISCAL YEAR ENDING SEPIENIDER 30, 1994. (See label
54)
Mayor Suarez: All right, the budget.
Mr. Manohar Surana: Forty-two, item 42.
Mayor Suarez: Item 42 approves the operating budget of the City of Miami.
Commissioner Plummer: All right. Mr. Mayor...
Commissioner Alonso: Wait, wait, wait. Let me see.
331 September 7, 1993
Vice Mayor De Yurre: Now comes the easy part of the meeting, the budget.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Camussioner Plummer: Go back to item 42.
Mayor Suarez: Yes, sir.
Camu.ssioner Plummer: All right. I said before and I'm going to say again...
Mayor Suarez: Appropriations for fiscal year.
Commissioner Plummer: I've said before, and I'm going to say again, I think
the people of the City are entitled to better than what they're getting, OK?
I am not going to be accused of losing $36,000,000, true or false, as I'm told
by the Administration. I am going to vote for the budget tonight. OK?
Commissioner Dawkins: As usual, as you do every year.
Commissioner Plummer: And I'm going to tell you very, very candidly...
Mayor Suarez: ... that in the next 30 days, you're going to put him through
hell. OK. That's exactly what we should do.
Commissioner Plummer: No, sir. The next two weeks.
Mayor Suarez: Two weeks?
Commissioner Plummer: Mr. Mayor, I have made no bones about it and I will...
Mayor Suarez: Two weeks of hell, two weeks of purgatory after that.
Commissioner Plurmier: Excuse me, sir. I have made no bones about the fact
that I am upset, continue to be upset with the deployment situation of the
department. That is my main concern. Now, all I'm saying to you is, I will
vote tonight, not to lose the money...
Mayor Suarez: All right.
Commissioner Plummer:... because as I am told, unless somebody tells me to the
contrary, if I don't vote, or if it doesn't pass this evening, I can't walk
out that door and lose $36,000,000. All right?
Mayor Suarez: All right. Let the record -
Cormissioner Plummer: Now, excuse me.
Mayor Suarez: Very good.
Commissioner Plummer: On the record, Mano, is that a true statement?
332 September 7, 1993
Mr. Surana: Yes, sir.
Cawdssioner Plummer: OK.
Cam'issioner Alonso: Yes, sir, what?
Camdssioner Plummer: Yes, sir, that we would lose it. All right?
Commissioner issioner Alonso: Ha -ha-ha.
Mr. Surana: It's true. We lose money. I swear on my god.
Cam issioner Alonso: Ha -ha-ha.
Mayor Suarez: All right, item 42 then.
Cammissioner Plummer: I got to tell you, Mano, at the next meeting, you
better be aware, sir.
Mr. Surana: Yes, sir.
Mayor Suarez: The item has been roved.
Cawdssioner Plummer: That if we don't get a more appropriate budget in what
I estimate, sir, I'm voting against it. All right?
Mayor Suarez: The item has been moved and seconded, and the ordinance has
been read. We previously took a roll call. Can we just redo the roll call at
this point, Madam City Clerk; is that appropriate?
A. Quinn Jones, III, Esq. (City Attorney): You haven't read it.
Ms. Matty Hirai (City Clerk): Mr. Mayor, I think if it died, it would be
better to move it again, because it died...
Mayor Suarez: OK. I'll entertain the same motion that was made before.
Vice Mayor De Yurre: Move it.
Mayor Suarez: And seconded by Commissioner Alonso, I believe.
Camussioner Alonso: No.
Cc missioner Plummer: Well, no, no.
Mayor Suarez: No? I seconded it.
Ms. Hirai: Yes.
Commissioner Plummer: She did not vote for it, Mr. Mayor, and I don't want to
vote for it, but I don't want to lose $36,000,000.
Commissioner Alonso: Since I know we are not going to lose it, because you
changed your mind...
333 September 7, 1993
Commissioner Plummer: Well, thanks. Thanks.
Mr. Jones: Well, let me read...
Commissioner Plummer: I'm the one that's got to save the damn budget.
Commissioner Alonso: If I vote no, you will vote yes.
Mr. Jones: Let me read real quickly.
Camnissioner Plummer: Excuse me. Mr. City Attorney, you go on the record.
What these two have told me, is that a true statement?
Mr. Jones: That's true.
CcmTLissioner Plummer: That if this doesn't pass here tonight...
Mr. Jones: That is a very real possibility.
Commissioner Plummer: No, no, no. Don't tell me "very real."
Mr. Jones: Yeah, it is. It is real.
Commissioner Plummer: It is yes or no.
Mr. Jones: It is real, it's real, it's real.
Commissioner Plumver: All right.
Mr. Jones: OK.
Commissioner Plummer: So I don't really know how anybody, you know, can say
that we didn't try.
Mayor Suarez: Call the roll.
Cannissioner Plummer: But I'm telling you...
Commissioner Alonso: We got three votes, I guess.
Commissioner Plummer... you got one hell of a hoop to jump through between now
and the next, or my budget - my vote's going.
Mayor Suarez: Call the roll, please.
334 September 7, 1993
AN ORDINANCE ENTITLED -
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
ENDING SEPi'EMBER 30, 1994; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Vice Mayor De Yurre and seconded by Mayor Suarez and
was passed on its first reading by title by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso
ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public .record and
announced that copies were available to the members of the City Carmission and
to the public.
Camdssioner Alonso: You see?
Commissioner Plummer: Yeah.
------------------------------------------------------------------------------
57. DISCUSSION CONCERNING PROPOSED MILEAGE RATE AND APPROPRIATIONS FOR
DOWNTOWN DEVELOPMENT A IIHORITY .
Mayor Suarez: Item 43, proposed millage rate, tentative budget for Downtown
Development Authority. I presume you're going to the highest allowed by law,
half a mill?
Mr. Matthew Schwartz: Yes, half a mill.
Mayor Suarez: Does anyone wish to be heard on the item of the millage rate
for the Downtown Development Authority?
Commissioner Plummer: I'll move it, Mr. Mayor. I'll move the boundaries...
Mayor Suarez: That lady - can somebody fran the staff ascertain if by any
chance, any of these folks are going to speak on that issue? Thank you,
staff, for helping out. I guess not. All right.
Commissioner Plummier: I move it, Mr. Mayor.
Mayor Suarez: Moved.
Vice Mayor De Yurre: When are you hiring the new people?
Camdssioner Plummer: What?
335 September 7, 1993
Mr. Schwartz: October 1st.
Vice Mayor De Yurre: But when do you make the decision?
Commissioner Plummer: Excuse me. You told me you were going to have the
interviews completed by September the 15th.
Mr. Schwartz: I'm starting the process. I will give you a report...
Commissioner Plummer: Well, excuse me, Matthew, I'll deal. with you later.
Mr. Schwartz: OK.
Commissioner Plummer: But I would hope that we know who's going to be on
board and ready to run on October 1st, and I don't want to see those
appointments on October 1st, but before then. OK?
Vice Mayor De Yurre: Well, what is the procedure that you have for these
jobs?
Mr. Schwartz: We've had 242 applications. We are now reviewing the
applications. The initial review has been completed, defining, listing the
people to be interviewed and setting up interviews now.
Vice Mayor De Yurre: How many are you down to?
Mr. Schwartz: Probably about 35 people.
Vice Mayor De Yurre: Overall?
Mr. Schwartz: Overall.
Vice Mayor De Yurre: And by when do you plan to have a decision?
Commissioner Plummer: And I'll tell you, Victor, you should see some of these
applications. I mean, top notch resumes.
Vice Mayor De Yurre: Well, that was the idea. By when do you plan to have a
final decision?
Mr. Schwartz: As Commissioner Plummer has stated, by the 15th, the interviews
should be finished, so by the next Commission meeting.
Vice Mayor De Yurre: What are you going to do - I mean, like realistically
speaking, you can't go to someone and say on the 29th, you're hired. Don't
they give two -week notices where they're at? I mean, like have you taken that
into play?
Mr. Schwartz: I believe certain positions, we'd have to...
Commissioner Plummer: No, you did me a favor. All positions - and he talked
me out of his - all positions are such so that everybody down there is on
notice.
336 September 7, 1993
p 9
Vice Mayor De Yurre: No, I'm talking about the people caning in, if they're
working somewhere else.
Camlissioner Plummer: No, the people that are there - the people that are
there are on notice that they are terminated as of the last day of September.
Now, they might be rehired, but everybody is sunsetted. That's what sunset
is.
Vice Mayor De Yurre: No. I'm talking, J.L., about the people that are going
to be hired.
Commissioner Plummer: They should know as soon as possible.
Vice Mayor De Yurre: Because they have to give notice wherever they're at.
Commissioner Plummer: That's correct.
Vice Mayor De Yurre: So, you know, they may - if you tell them the 29th, they
won't be able to cane over on the first.
Commissioner Plummer: All right. Let's go. Let's get this over with.
(INAUDIBLE CM4EDTP)
Commissioner Plummer: What happened to it? I lost it. Matty, I need another
one. Somebody stole my thing on the dates of the Commission meeting.
------------------------------------------------------------------------------
58. FIRST READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS OF
THE DOWN'iU7N DEVELORMOU DISTRICT -- FIX MILLAGE AND LEVY TAXES FOR
FISCAL YEAR OCI0BER 1, 1993 - SEPTEMBER 30, 1994.
Vice Mayor De Yurre: OK. Meanwhile we have a motion and a second on this.
Mayor Suarez: OK. Moved and seconded on that - what is it, on the operating
millage rate?
Commissioner Plummer: Yeah. That's set by State statute, you know.
Mayor Suarez: OK. Call the roll. It's not set, it's a maximum that's set,
and we're going to the maximum.
Commissioner Plummer: Oh, OK. The maximum, yeah.
Mayor Suarez: Call the roll. Thank you.
337 September 7, 1993
AN ORDINANCE ENTITLED -
AN ORDINANCE,WITH ATTAC MENT(S), RELATED TO TAXATION,
DEFINING AND DESIGNATING THE TERRITORIAL .LIMITS OF THE
DOWNIUM DEVELOPMENT DISTRICT OF TfIE CITY OF MIAMI,
FLORIDA; FIXING THE MILLACE AND LEVYING TAXES IN SAID
DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1993 AND ENDING SEPT E ER 30,
1994, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF THE
NONEXlMn ASSESSED VALUE OF ALL REAL AND PERSONAL
PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE
AND THE TAXES LEVIED HEREIN SHALL BE IN ADDITION TO
THE FIXING OF THE MILLAAGE AND THE LEVYING OF TAXES
WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI AS
REFLECTED IN THE CITY'S MILLAGE-LEVY ORDINANCE FOR THE
AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY
CHARTER SECTION 27; PROVIDING THAT THE FIXING OF THE
MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN
ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS
ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING
ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES
BUr SHALL BE DEEMED SUPPLIIMENI'AL AND IN ADDITION
THERETO; CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Vice Mayor De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
59. DISCUSSION CONCERNING COST OF CITY SERVICES RELATING TO SOLID WASTE AND
GARBAGE COL11=ION -- AND POSSIBLE SOLUTIONS TO THE PROBLEMS.
Mayor Suarez: What is the next item?
Commissioner Plummer: Forty-four.
Ms. Matty Hirai (City Clerk): Forty-five now, sir.
338 September 7, 1993
Mayor Suarez: Forty --five.
Cammissioner Alonso: I have an item that I think is important for the budget,
and it has to do with solid waste.
Mayor Suarez: Commissioner Alonso. An item that needs to be taken up for
Administrative reasons of urgency.
Cannissioner Alonso: Well, yes, because it will have to be taken at this
point, so in next Commission meeting, we will be able to have some answers,
whether it could be done or not. And it has to do with solid waste, and it
has two parts to it. Number one, the City of Miami disposes of 230,000 tons
of garbage a year. We pay the County, approximately when you take the
balance, it's about what - 69 all together?
Mr. Cesar Odio (City Manager): $69 a ton.
Commissioner Alonso: $69 is what we pay. They had already agreed - well,
they told me - Commissioner Plummer is telling me 215.
Mr. Odio: Right.
i
Commissioner Alonso: You told me in the meeting 230.
Mr. Odio: We handed in 215. 215.
Commissioner Alonso: Two fifty?
Commissioner Plummer: Two one five.
Mr. Odio: Two one five.
Commissioner Plummer: That's what we have approved by the County.
Commissioner Alonso: In the meeting that we had, they handed to me papers
saying 230. That's why I'm using...
Mr. Odio: That's the projected but it's...
Commissioner Alonso: OK, never mind. Let's say 215. The amount that we're
paying to the County, it's extremely high. If we, instead of turning the
garbage in to the County, we take it to Broward County...
Commissioner Plummer: Can't do it.
Commissioner Alonso: Yes, we can.
f
Mr. Odio: Yes, we can.
Commissioner Alonso: Yes, we can. Even Cammissioner Teele was with me today.
(INAUDIBLE S2ATMM NOT PLACID INTO THE PUBLIC RECORD)
Commissioner Alonso: Yes. They had agreed already to 120, Mr. Williams.
They had agreed already to 120,000.
339 September 7, 1993
Mr. Odio: No, we already took some trucks to Broward County.
Cammissioner Alonso: OK.
Mr. Odio: At $52 a ton.
Commissioner Alonso: OK. Broward, Broward County, they - we can take it to
Broward County, or we can give it to the private sector to dispose of the
garbage. This doesn't mean that we will lose one employee. This doesn't mean
that the way we collect the garbage will change in any way. It will remain
the same, but we, instead of giving the garbage to the County, we'll give it
to the private sector or to Broward County.
Commissioner Plummer: What are we going to pay a ton?
Commissioner Alonso: We can save,... We can save a tremendous amount of
money. Probably, we can get it less than $50 a ton.
Commissioner Plummer: Well, but excuse me. The off side of that coin is,
what's it going to cost us to transport it up there?
Commissioner Alonso: We don't have to pay for that. They will take care of
that.
Commissioner Plummer: They'll do the transporting?
Mr. Odio: No, I haven't done... I don't know. I have not done...
Commissioner Alonso: Yes. The private sector said they will.
Commissioner Plummer: Hell, we're paying $9 for the County to take (end of
statement unintelligible).
Commissioner Alonso: So what I'd like to do today is to instruct the
Administration to check, to look into this, and if, indeed, we can dispose of
the garbage for an amount between $45, $50, we will be saving about $19 a ton.
That is a tremendous savings for the City of Miami. So I'd like to move that
we instruct the Administration to look into the possibility of taking it -
giving it to the private sector, number one; or checking with Broward County
for a contract with them, and see what price they give us. I've been told we
can get 50 or less.
Mr. Odio: If we give then - in the negotiations we have, if we give them the
garbage guaranteed for two years...
Commissioner Alonso: Yes.
Mr. Odio: ... they would give us $47. The problem is...
Commissioner Alonso: Well, we are paying now $69.
Mr. Odio: Wait, excuse me. But the problem is, the County does not allow us
to do that.
340 September 7, 1993
Commissioner Alonso: Well, the County has allowed already 120,000 tons...
Mr. Odio: For the composting plant.
Commissioner Alonso: Whatever. They gave us the agreement that we can do it,
120,000. We have to go to the County, and some members of the Commission are
in agreement on this plan, and they are willing to support us on this, to
explain to them that we have an emergency. The emergency is, we don't have
enough money. We could save - if we save, let's say, $20 a ton, we are
talking about a tremendous amount of money. We're talking about millions in
savings.
Mr. Odio: It's $4,000,000. It's $4,000,000.
Commissioner Alonso: Four million.
Commissioner Plummer: You're not going to save $20 a ton. Look, I agree with
i
you to the extent I think we ought to look into those numbers.
Commissioner Alonso: Listen, if they charge us $50.00, we are saving $19.00 a
j ton.
Commissioner Plummer: Miriam, excuse me...
Vice Mayor De Yurre: Look.
Commissioner Plummer: ...I assure you that there is going to be a charge for
us to take it up there or for them to pick it up. We are paying... just for
your information from 20th street transfer station which we gave them free of
charge, the property, out to the land fill, which is half or a third of the
distance to Broward County, we are paying the County $9.00, per ton.
Commissioner Alonso: Commissioner, Commissioner, if companies are saying that
they are willing to do it for $50.00, let us try it.
Commissioner Plummer: Excuse me, I agree with you. Let's look into it.
Commissioner Alonso: OK. That's exactly my motion.
Commissioner Plummer: Let's get the numbers.. Let's get the facts and
f igures .
Commissioner Alonso: OK. That's exactly my motion. To look into the issue -
and it's a tremendous savings for the City of Miami, $19.00 a ton. That's a
tremendous amount of money.
Vice Mayor De Yurre: Are you saying that a private company...
Commissioner Alonso: Will take our garbage.
Vice Mayor De Yurre: ...for $50.00?
Commissioner Alonso: I don't know exactly. The City of Miami, will have to
go into negotiations. And, that's why we have to instruct the administration.
341 September 7, 1993
I've been told that that's the price that approximately the City of Miami can
get.
Commissioner Plummer: Sure your deal...
Commissioner Alonso: Right now, Braward County is costing us $52, right?
Mr. Odio: We pay 52, we send about 9 trucks up there.
Commissioner Alonso: Fifty-two.
Mr. Odio: But, because...
Vice Mayor De Yurre: OK, now, hold it. Are you telling me that - hold it,
let me understand this.
Mr. Odio: OK.
Vice Mayor De Yurre: You are telling me that Broward charges us $52.00 a ton?
Mr. Odio: Yes, sir. Right now.
Vice Mayor De Yurre: For us to dump over there...
Commissioner_ Alonso: Yes.
Mr. Odio: Spot...
Vice Mayor De Yurre: ...However, you also - you are saying now that a private
hauler will charge us 50 to take it to Broward and lose $2.00?
Commissioner Alonso: No, not to Broward. They'll take it some other place.
I don't know where they take it. They take it to...
Vice Mayor De Yurre: But, is it a legal place? I know that there is sane
illegal stuff going down.
Commissioner Plummer: And, there is one of then...
Commissioner Alonso: No, no, no. Well... Well, let me put it this way, you
just don't dump illegal amounts, 215,000 tons. They will sign a contract with
the City. The legal department will check into that so it will have to be
done, you know, above board.
Commissioner Plummer: Mr. Manger, Mr. Manager, another...
Commissioner Alonso: Yes.
Commissioner Plummer: ...one of my concerns, you better look into, of the
County charging us a host fee. The last time I heard, if we go to our own
private company or we go anywhere other than the County, they were going to
charge us $14.00 a ton. Just as a host fee.
Commissioner Alonso: They did not approve that fee. It was turned dawn.
Companies...
342 September 7, 1993
Commissioner Plummer: Well, if it is, that's fine.
Commissioner Alonso: ...and municipalities fold this. Because other cities
are doing this. We are not the only ones who are going to be doing this.
Other places are doing it as well.
Vice Mayor De Yurre : All right. We are all in favor of reducing cost, so
let's check it out.
Commissioner Plummer: Great.
Commissioner Alonso: Of course. So, let's check this and come back the
21st...
Commissioner Plummer: It's the next meeting.
Mr. Schwartz: OK, we can do that. Just a point of clarification,
Commissioner. As you well know, we have that package that we will bringing to
you very quickly regarding the compost facility. That's projected to be
between now and let's say an out period of two years - no more than two
years - eighteen months to two years.
Commissioner Plummer: Yeah.
Commissioner Alonso: Enter into a contract of two years.
Commissioner Plummer: No, construction.
Mr. Williams: Well, that's what I... That's the point I was going to ask
you. We...
Cc mm.ssioner Alonso: I know. But, for two years...
Mr. Williams: ... are talking about between now and then.
Commissioner Alonso: ...exactly. Exactly.
Mr. Williams: It will still require negotiations between the County because
as we've stated in the past, the waste stream issue is still one that
certainly the City Attorney is aware...
Commtissioner Plummer: Hey, all she is asking is - get all the information and
came back.
Mr. Williams: ... that we have to go and check with the contractor.
Commissioner Alonso: Get all the information and come back to us the 21st.
Also, another thing that I would like you to check into is the commiercial 13
accounts. According to what you tell me, we lose money...
Mr. Williams: Yes.
Commissioner Plummer: It's a loss.
343 September 7, 1993
Commissioner Alonso: ...One point three ($1.3 M) in commercial accounts.
Right?
Mr. Williams: Yes.
Commissioner Plummer: Talk about....
Commissioner Alonso: OK. We lose money because we collect the commercial
accounts. That doesn't make sense. If instead of collecting the commercial
accounts, we give these commercial accounts to the private sector, we will
then receive a fee - 6, 10 - I suppose you can negotiate 6 or more...
Mr. Williams: Six or more.
Commissioner Alonso: ...let's say 6 or 10 then. It sounds like a very good
number. That percentage will give us a gain. We will be making right there
two million instead of losing money. Correct?
Mr. Williams: That's correct.
Commissioner Alonso: So, if we give the commercial accounts to the private
sector without losing one job - we don't have to let our people go - we
maintain the same personnel.
Mr. Odio: Let me warn you, I...
Commissioner Alonso: We can make two million in the City of Miami.
Mr. Williams: The net difference would be the increased revenue plus the cost
of avoidance.
Comnissioner Alonso: The savings for the... Exactly, exactly.
Vice Mayor De Yurre: But, isn't the major part of the cost, manpower?
Commissioner Plummer: We lost $36.00 a month on each account we owned.
Mr. Williams: A part - a major part of the cost is manpower. Another part of
it is operating fees, operating cost, and tipping fee - or dumping, disposal.
And, as we compute all of those factors, the difference is 1.2 in change
almost 1.3 million.
Commissioner Plummer: Mr. Manager, can I ask a question?
Mr. Williams: On the negative side.
Vice Mayor De Yurre: How much is the manpower?
Mr. Williams: I believe that number is somewhere near near $900,000.
Vice Mayor De Yurre: So, the bulk of it, we wouldn't save $900,000, we are
going to hold on to that.
344 September 7, 1993
Commissioner Alonso: No, no, we will save much more.
Mr. Williams: Well... we would not, we would not...
Vice Mayor De Yurre: We would save the difference between 900 and 1.3, which
is what we are losing.
Commissioner Alonso: No, much more.
Mr. Williams: Plus, plus, the increased revenue that we can negotiate.
Commissioner Alonso: The dumping.
Mr. Odio: No, the savings is...
Commissioner Plummer: Why are we arguing now? All you are asking for is
information.
Mr. Odio: The saving is...
Commissioner Plummer: Let them go get the information and cane back.
Mr. Odio: ...One - three - two. One point two, net.
Commissioner Alonso: So, we can have a tremendous savings in the commercial
accounts. And, also we can have a tremendous savings in the...
Mr. Odio: Well, I have to put on the records, the Union has offered in
writing that they would like to offer to the City going to curb side pickup.
Conmissioner Alonso: That's another savings of about what - 3 million?
Mr. Odio: Now, that... But, they want to keep the commercial accounts.
Commissioner Plummer: Ha -ha-ha, you just lost this vote, I think.
Mr. Odio: No, wait...
Commissioner Plummer: You got to show me... Let me tell you something - Mr.
Mayor, Mr. Manager, that has been to the public in a referendum on 3
occasions.
Mr. Odio: And, it passed.
Commissioner Plummer: OK.
Mr. Odio: The last referendum it passed with 67 percent of the...
Commissioner Plummer: Sir, I will tell you this at this particular point.
You have a lot of convincing. I am not saying I am totally. But, you've got
a lot of convincing.
Mr. Odio: These people are putting their recycling out anyway. They are
putting their stuff out anyway.
345 September 7, 1993
Commissioner Alonso: They are.
Mr. Williams: Exactly. And, same neighborhoods is as high as 90 percent.
Commissioner Alonso: But, that's something to look at as a separate issue.
Mr. Odio: There you are looking at a savings of three to four million
dollars.
Commssioner Plummer: Now may I ask a question? Mr. Mayor, Mr. Manager - Mr.
Mayor, you might be someday.
Mr. Odio: I didn't get elected that...
Commissioner Plummer: Yeah. How many 99's do we have left?
Mr. Odio: Thirty-eight.
Mr. Williams: Thirty-eight.
Commissioner Plummer: How soon are you going to hire those people?
Commissioner Alonso: Yes, because we...
Commissioner Plummer: You know, I tell you something... You know...
Mr. Odio: We are talking about cutting costs and you are asking me to hire
people, to put them with full benefits. But, we don't have the money to pay
them.
Mr. Williams: We... Commissioner Plummer, let me answer your question?
Cammissioner Alonso: But, the City is dirty, Mr. Manager.
Commissioner Plummer: Mr. Manager, do the 99's have benefits?
Mr. Odio: They do not. They have insurance.
Mr. Williams: Yes, yes, they have.
Commissioner Alonso: No, they...
Commissioner Plummer: What benefits? They have medical insurance?
Mr. Odio: Insurance, medical insurance.
Mr. Williams: Right.
Commissioner Plummer: They are fully covered by medical.
Camdssioner Alonso: They pay for the medical insurance.
Mr. Williams: And, I don't know hoax full it is. But, they do have medical
insurance, and of course, they are covered by workmen's comp.
346 September 7, 1993
( INAUDIBLE BACKGROM C'OMMEN']'S NOT EDT=M INTO THE PUBLIC RECORD)
Mr. Odio: Yeah.
Commissioner Plummer: They have all of that the 99's?
Unidentified Speaker: Yes.
Vice Mayor De Yurre: No.
Commissioner Alonso: Ninety -nine's don't have benefits, do they?
Vice Mayor De Yurre: I thought they only get... They don't have time and a
half? Holidays, yeah.
Ccmmissioner Plummer: I don't think the 99's have benefits.
Mr. Williams: They do have minimal benefits.
Mr. Odio: They have benefits. But, I don't know which ones.
Commissioner Alonso: What are the benefits that the 99's?
I
Mr. Williams: Medical benefits.
Commissioner Alonso: Medical benefits.
Mr. Williams: Nothing else. Well, they have workmen's camp...
Commissioner Alonso: Well.
Mr. Williams: ...which means when they are injured on job, that's a benefit.
Commissioner Plummer: Ron, I've got - let me tell you something. And, I am
not going to mention no names so that you can get even with him. I've got a
guy, that I know, who is a 99...
Mr. Williams: Commissioner Plummer, if we didn't know who that was, we'll all
be...
Commissioner Plummer: ...he has been... You mention his name and I'll kick
your bud. All right, excuse me. He has been a 99 for five years.
Commissioner Alonso: Some of them longer.
Vice Mayor De Yurre: So, now he is 94.
1 Commissioner Plummer: Now, that men has a family to worry about with a
pension.
Mr. Odio: I tell you what...
I Mr. Williams: If I may, Mr. Manager, talk...
347 September 7, 1993
Cammissioner Alonso: Eighteen.
Mr. Williams: If I may, that's part of the conversation that we've had with
the bargaining unit. To hire those 99's and eliminate totally the 99 or stand
by labor program for good, completely, go to curb side collection.
Commissioner Plummer: See, I... Let me tell you something, I sure hope in
all fairness that you can...
Mr. Williams: Go to curb side collection.
Commissioner Plummer: Ah-ha-ha, you dirty dog! (Laughter)
Mr. Williams: That's part of the whole... That's part of the whole cost -
savings, cost - supporters program.
Vice Mayor De Yurre: Hey, Ron, Ron, Ron. Hey, Ron. We are going to be here
till midnight. Can't we just direct them to go ahead and make the studies?
Commissioner Alonso: Well if we can...
Vice Mayor De Yurre: ...if not we are going to be here till 10 o'clock.
Commissioner Alonso: Yes, yes, of course.
Mr. Williams: We've done a lot of that. We can bring it back to you.
Vice Mayor De Yurre: So, OK.
Commissioner Alonso: OK, so I'll move that we instruct the administration to
check in all three items, the curb side and the commercial accounts and the
dumping...
Vice Mayor De Yurre: And, the disposal of...
Commissioner Alonso: ...and disposal of the garbage. All right.
Commissioner Plummer: Prior to the 21st.
Vice Mayor De Yurre: Well, OK. Bring it for the next Commission meeting.
Commissioner Alonso: Yes, I so move.
Mr. Williams: OK.
Vice Mayor De Yurre: Thank you.
Commissioner Alonso: You need the motion?
Vice Mayor De Yurre: Do we need to put that in a formal motion or just?
Commissioner Alonso: We don't.
348 September 7, 1993
Mr. Williams: No.
Commissioner Plummer: No, just instruct them.
Vice Mayor De Yurre: That's OK?
Commissioner Alonso: OK, fine.
Vice Mayor De Yurre: OK.
------------------------------------------------------------------------------
60. MAKE APPROPRIATIONS FOR DOWN1CUN DEVELOPMENT ALMiORITY FOR FISCAL YEAR
OCIOBER 1, 1993
------------------------------------------------------------------------------
- SEPIEMBER 30, 1994.
Vice Mayor De Yurre:
What's the next item?
Commissioner Plummer:
All right, what item number are we on? Forty-five.
Commissioner Alonso:
Forty-four.
Vice Mayor De Yurre:
What are we on.
Mr. Williams: Forty-five.
Commissioner Plummer:
I move 44.
Ms. Matty Hirai (City
Clerk): No, 44 we already did.
Commissioner Alonso:
We did already that 44.
Vice Mayor De Yurre:
OK, 45.
Ms. Hirai: We did 44.
Forty-five.
Commissioner Plummer:
Forty-five, I move 45.
i
Vice Mayor De Yurre:
Moved. Do we have a second?
Commissioner Alonso: Yes.
Vice Mayor De Yurre:
Seconded. Call the roll, please.
Mayor Suarez: Call the roll.
349 September 7, 1993
AN ORDINANCE ENTITLED -
AN ORDINANC.E MAKING APPROPRIATIONS FROM THE DflWAIOWN
DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER
MISCELLANEOUS INCC HE FOR THE DCAINTIOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 1993, AND ENDING
SEPTEMBER 30, 1994; AUPHORIZING THE EXECUTIVE DIRECTOR
OF TI-1E DOWNFOWN DEVELOPMENT AUTHORITY TO INVITE OR
ADVERTISE REQUIRED BIDS; PROVIDING FOR BUDGETARY
FLEXIBILITY; PROVIDING THAT THIS ORDINANCE BE DEEMED
SUPPLEMENTAL AND IN ADDITION TO THE ORDINLANCE MAKING
APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 1993, AND ENDING SEPTEMBER 30, 1994, FOR THE
OPERATIONS OF THE CITY OF MIAMI, CONTAINING A REPEALER
PROVISION, SEVERABILITY 0 AUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J.L. Plummier, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
61. (A) APPROVE ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING FOR
OPERATION
OF ENTIRE DEPARTMENT OF OFF-STREET PARKING FOR FISCAL YEAR OCTOBER 1,
1993 - SEPTEMBER 30, 1994.
(B)DISCUSSION CONCERNING ONGOING CITY SUBSIDY OF DESIGNATED CITY
PROPERTIES. ( EG, DUMIOWN PARKING GARAGE, GUSMAN HALL; ETC.) --
REQUEST REPORT FROM CLARK COOK IN 30 DAYS.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Move 46.
Mayor Suarez: Mr. Vice Mayor, we are on?
Commissioner Plummer: Move 46.
Vice Mayor De Yurre: Forty-six.
350 September 7, 1993
Fh'+ti
t:
}
i
Mayor Suarez: Forty-six moved.
Vice Mayor De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not please call the roll?
Commissioner Plummer: And, again, for the 10th year .in a row, I am screaming
and hollering about that one garage that we are still paying subsidy of a
million dollars a year. I just cannot believe this, as intelligent as Clark
Cook is, that there isn't sane way we can get out from the burden...
Mayor Suarez: You are saying this to a man that looks like...
Vice Mayor De Yurre: He is real intelligent.
Mayor Suarez: You look like that whole crowd that was here before, stampeded
right all over you, you know.
Vice Mayor De Yurre: We are paying for it. What are you talking about?
Commissioner Plummer: Hey, I am telling you... I just for the life of me
can't see...
Mayor Suarez: I need you to take some rest. Take over for him, one of you
guys. Look at him.
Commissioner Plumter: ...a million dollars a year for a parking garage is a
pink elephant. And, yet I'm told you can't sell it, you can't tear it down.
I mean it is unfair to the people of this commwnity to continue to pay that
damn million dollars. Can we give it away?
Mr. Cesar Odio (City Manager): Not, even that.
Mayor Suarez: All right, having said all of that and with all those provisos
and reservations...
Commissioner Plummer: Excuse me, you know, Mr. Mayor, I am only one vote.
But, I might get them upset enough to vote against it.
Mayor Suarez: Is there a simple answer to why we haven't been able to divest
ourselves of a couple...
Commissioner Plummer: There is no simple answer to a million dollars a year.
Vice Mayor De Yurre: OK, so let's not talk about it now.
Mayor Suarez: Well, maybe nobody wants it. That would be a simple answer.
Commissioner Plummer: Well, let me ask a question. Why can't we go back and
re -look into the use of the storage of automobiles in that facility?
Mr. Odio: I am looking at it right now. We are doing a study of putting the
police range there.
351 September 7, 1993
Commissioner Plummer: Put something there. But, you know the police
department is not going to pay. That's a paper_ transaction.
Mayor Suarez: Use the outside structure and put an internal...
Mr. Odio: We are going to do that. We need a police range badly. And, we
decided the other day to do a study and bring it back to you. I said put
right there.
Commissioner Plummer: Mr. Manager, if you put stored cars that have been
confiscated, or whatever else, in there at the cost of $10. 00 a day, you'll
eliminate the subsidy.
Mayor Suarez: Couldn't you do an auction and you set a minimum price at a
particular amount? If no one bids that, at least you know.
Mr. Odio: It's the debt service that...
Mr. Clark Cook: It's the debt... That's correct. It's the debt service.
Mr. odio: The debt service is...
Mayor Suarez: Ah, so it is worth that zero. All right. We have a motion and
a second. Any discussion? If not, please call the roll.
Commissioner Plummer: I really don't want to. I want to tell you. I am fed
up. You know, they're a very good or... .
Mayor Suarez: You want to... You want to build in a motion that they should
have an auction where you sent the minimum offer at the debt that is ongoing
plus $100,000, and start, and see if it happens?
Commissioner Plummer: Anything to get that off the burden of the taxpayers,
Mr. Mayor. I am a taxpayer, you are.
Mayor Suarez: You want to build that in?
Commissioner Plummer: That's fine. Build that in...
Mr. Cook: Commission... May I say one thing?
Mayor Suarez: Try an auction where you have the minimum bid is the amount
that the building owes in present dollars - I mean, that you can pay it off
right off the bat - and the person can show the ability to take that over...
Mr. Cook: Right.
Mayor Suarez: ...or pay it off in a hundred thousand or some amount.
Commissioner Plummer: Hey, how about just pay it off? How about pay it off?
Mr. Cook: Yes, it's debt service. We tried. Last year we tried to get
someone interested. We had him down. We talked to the City Manager, and we
cannot find anybody who would look at it.
352 September 7, 1993
Commissioner Plummer: Clark, Clark, you can't make me believe that the people
of this town have got to continue to suffer that million dollars. I can't
believe that.
Mayor Suarez: It's inconceivable that there wouldn't be some buyer. Because
that...
Mr. Cook: If ... if my memory is correct, Mr. Odio, is it seven million dollars
owed on that garage?
Mr. Odio: Right.
Mr. Cook: And, the bid that the gentlemen talked to me about was one point
five or two point five.
Mr. Odio: Absolutely, right. We had some Spanish people.
Cammissioner Plummer: Then sell it. Then get rid of it. Because in two
years we are out and we no longer have the subsidy. Take your five million
dollars. Take your loss and get out.
Mr. Odio: What?
Mayor Suarez: All right.
Mr. Cook: Commissioner...
Mayor Suarez: No, he is saying that he has been offered a couple of million
at the most.
Commissioner Plummer: Take your loss and get out. Every year we are putting
a million dollars in there.
Mayor Suarez: You are losing five. All right.
Cannissioner Plummer: We are losing every year. We are losing.
Mr. Cook: Commissioner, the problem is somebody has to pay the debt off. You
all... It's on the City's books...
Commissioner Plummer: Me, you know, and all of the rest of us that are people
that live in this City are paying this debt.
Mr. Cook: I widerstand that. I understand that.
Mayor Suarez: That's inconceivable. All right. With that proviso that you
try the most desperate of all approaches to...
Commissioner Plummer: Right, and I want a thirty day report every thirty days
of what you are doing to try to get rid of it.
Mr. Cook: Yes, sir.
353 September 7, 1993
Commissioner Plummer: OK?
Mayor Suarez: That's a good idea in any event.
Mr. Cook: I'll give it to you.
Mayor Suarez: OK, 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. 93-559
A RESOLUTION, WITH ATTACiMET(S), APPROVING THE ANNUAL
BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING OF THE
CITY OF MIAMI FOR THE FISCAL YEAR COMMENCING OCTOBER
1, 1993 AND ENDING SEPTEMBER 30, 1994, AS MORE
PARTICULARLY SET FORTH AND ATTACHED HERETO, IN THE
AMOUNT OF $7,494,661, TO PROVIDE FOR THE OPERATION OF
THE ENTIRE DEPARTMENT OF OFF-STREET PARKING OF THE
CITY OF MIAMI, EXCLUDING DEPRECIATION AND OTHER NON -
OPERATING EXPENSES OF $2,288,195.
(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 J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Hesitantly, yes.
Mayor Suarez: And, do the same thing for the fountain, Ira. Every thirty
days a report on whether we couldn't sell it to somebody.
Commissioner Plummer: That's fine.
354 September 7, 1993
62. APPROVE ANNUAL BUDGET OF DEpARqmwr OF oFF-STREET PARKING,, FOR OPERATION
OF THE GUSNAN CENTER FOR THE PERFORMING ARTS AM THE OLYMPIA BUILDING,
FOR FISCAL YEAR OCTOBER 1, 1993 - SEPrE1,4BER 30, 1994.
----------------------------------------------------------------------------------
Mayor Suarez: Item 47, is related item.
Commissioner Plummer: Forty-seven.
Vice Mayor De Yurre: Move it.
Commissioner Plummer: I move to deny.
Mayor Suarez: Moved, to approve by Vice Mayor and moved to deny by
Commissioner Plummer.
Vice Mayor De Y urr e: I said it first.
Commissioner Plummier: Oh, you said it first? Well, I just vote against it.
Mayor Suarez: No, yours is a substitute motion actually.
Commissioner Plummer: Well, you know, hey, as far as I am concerned, here we
go again. How much subsidy, Clark?
Mr. Clark: Two -seventy-six.
Commissioner Plummer: Two hundred and seventy-six thousand dollars of
taxpayers' money going right down the commode, OK.
Mayor Suarez: OK.
Mr. Odio: Well, as proposed before, to return that to who gave it to us.
Commissioner Plummer: Do something.
Mr. Odio: You do it. I mean, but you have to make a decision right now. You
want to return it.
Commissioner Plummer: I am voting against it. I am no longer...
Commissioner Alonso: What do you suggest?
Commissioner Plummer: Let the Friends of Gusman, they want it so badly, give
it to them.
Mr. Odio: That we return it... Return it to whoever.
Mr. Clark: Commissioner...
Mr. Odio: I... By the way, on the record, I told them that we are not
paying that deficit.
355 September 7, 1993
sJ
Commissioner Plummer: Hey, look give all I am saying is, we are hurt, Clark.
You know that.
Mr. Clark: I'm well aware of that.
Commissioner Plummer: The Friends of Gusman, I love them. I think they do have every great intention of the world. But, why do we - me - the taxpayer,
have to continue to have them out there without paying the tab?
Mr. Odio: We should never had accepted that building. Why did you do that?
Mayor Suarez: You know, Clark, with the additional improvements funded by...
Commissioner Plumper: Because we thought we had a God send.
Mr. Odio: Ah, you thought and then we had...
Commissioner Plummer: Yeah, you know who it was, your friend.
Mayor Suarez: ...funded by the State of Florida, you would think that it's
getting pretty close to being - viable?
Commissioner Alonso: OK. So, what do we do?
Cc missioner Plummer: Hey, see if Friends of Gasman will buy it.
Commissioner Alonso: Defer this item.
Mr. Clark: I'll be glad to. Commissioner, can I? Let me say real quickly a
couple of things. And, I understand how you feel and I've been here and
heard. And, I also have been here for an But, I think we have to
understand what we have in Gusman. We have a historic theatre that it is
predominantly a rental house, that has booked - that we have a 175 days
sold...
Commissioner Plumper: You know, if you continue with those intentions and
that frame of mind...
Mr. Odio: Give it to the Performing Arts Trust.
Commissioner Plummer: What we got there - we've got a two hundred and
seventy-six dollars sucker on the tax payers of the people of the City. OK.
Mr. Clark: I agree.
Commissioner Plummer: Look, you are not the only one, Bayfront Park
Amphitheater - subsidy, Knight Center - Subsidy, Dinner Key Auditorium -
subsidy...
Commissioner Alonso: Move to the next: item.
Cc missioner Plummer: ...Artime Center - subsidy. I mean, you know, how much
can the taxpayers stand?
356 September 7, 1993
Mayor Suarez: Commissioner, the discussion can go on all night, and we've
heard this before. Let's at least take a vote...
Commissioner Plummer: Sir, you all do what you want, I am voting against it.
Mayor Suarez: ...if it doesn't pass, it doesn't pass. But, the rest of us
are just hearing the same argument over and over again and it's not fair.
Commissioner. Plummer: Hey...
Mayor Suarez: OK, we have a motion on the item by Commissioner De Yurre.
I'll second it.
Commissioner Plummer: Fine.
Commissioner Alonso: Yes, call the roll.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-560
A RESOLUTION, WITH ATTAC-RPP (S) , APPROVING THE ANNLIAL
BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR THE
FISCAL YEAR COMMENCING OCTOBER 1, 1993 AND ENDING
SEP'I EMBER 30, 1994, AS MORE PARTICULARLY SET FORTH AND
ATTACHED HERETO, IN THE AMOUNP OF $1,054,092,
EXCLUDING DEPRECIATION, TO PROVIDE FOR THE OPERATION
OF THE GUSMAN CENTER FOR THE PERFORMING ARTS AND THE
OLYMPIA BUILDING.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J.L. Plummer, Jr.
ABSENT: Commissioner Miller J. Dawkins
COMIC I'S MADE DURING ROLL CALL.
Commissioner Alonso: And, I'll vote yes. Because, I think we have also
responsibility to the Crisman Center. So, I'll vote yes.
357 September 7, 1993
-------------------------------------------------------------------------------
63. (A) APPROVE MILDRED AMID CLAUDE PEPPER BAYFRONI PARK OPERATING BUDGET FOR
FISCAL YEAR 1993-94.
(B) APPROVE MILDRED AND ClAUDE PEPPER FOUNTAIN AT BAYFRONI' PARK BUDGET
FOR FISCAL YEAR 1993-94.
------------------------------------
Mayor Suarez: OK.
Vice Mayor De Yurre: OK. Deny 48.
Mayor Suarez: Move to.
Commissioner Plummer: Forty-eight, Mr. Mayor, I have to alter the two because
of the action of the Comndssion this morning. I have to...
Commissioner Alonso: What did we do?
Commissioner Plummer: This is two different budgets. One is operating and
one is fountain. The operating budget that I have to add back the 33,000 for
the trash. So, I have to put that back into the operating budget. Mano,
where are you?
Mr. Manohar Surana (Assistant City Manager): Here I am.
Commissioner Plummer: OK, tell them what you got to do. I don't know what
you've got to do. All right, he will understand - whatever it is will be
added back into the budget of the operating. On the fountain, Mr. Mayor, the
Commission, as before, you have to decide what amount of money you want to put
into the fountain of operating the fountain. Now, what you did - what you did
last year - was 80,000. I think it worked out fine. And, if you want to do
it again, I think that is fair. But, that is up to this Commission, all
right. I'm... Listen.
Vice Mayor De Yurre: How much are we subsidizing, the eighty and the - we are
getting contributions now for what?
Commissioner Plummer: No, eighty we have. Victor, we have from the outside
factor we have...
Mr. Ira Katz: We raised a quarter of a million dollars for the fountain of a
private sector.
Vice Mayor De Yurre: How much?
Mr. Katz: A quarter of a million dollars, sir.
Commissioner Plummer: Yeah.
Vice Mayor De Yurre: And, this one costs basically what, 280 or some to
operate?
Mr. Katz: Three -thirty.
358 September 7, 1993
Commissioner Plummer: Eighty thousand is what we are looking for.
Vice Mayor De Yurre: Three what?
Mr. Katz: Three -thirty is the subsidy this fiscal year.
Vice Mayor De Yurre: Three -thirty and we've got 250...
Mr. Katz: From the private sector, sir.
Commissioner Plummer: That's private sector.
Vice Mayor De Yurre: And, what about the money from AT&T?
Commissioner Plummer: No, that doesn't go for the fountain at all.
Mayor Suarez: Sure, that goes to the park.
Mr. Katz: It's in the contract. It can't be used for the fountain.
Vice Mayor De Yurre: OK. fine. But, it's... Doesn't that release other
moneys?
Commissioner Plummer: And, remember please... Remember, please, many people
have a misconception, OK. AT&T is 200,000 a year for five years to make the
million.
Vice Mayor De Yurre: Yes.
Commissioner Plummer: It's not a mullion dollars a year. Mr. Mayor, I would
offer - if anyone here is willing - to add the 33,000 back to the budget to
cover the expense of the garbage and the 80,000 the same as what we did last
year for the operation subsidy of the budget.
Mayor Suarez: All right, so moved.
Commissioner Plummer: I so move.
Vice Mayor De Yurre: So, what are you talking about, 80 plus 33?
Commissioner Plummer: Yeah, 33 is adding back to the garbage. And, the 80 is
for the operation of the budget.
Mayor Suarez: In the old days, we used to spend a heck of a lot more money
out there.
Vice Mayor De Yurre: But, I thought you were getting that waived?
Commissioner Plummer: Excuse me?
Vice Mayor De Yurre: Aren't you getting that waived at 33?
Commissioner Plummer: The thirty-three, I asked for it to be waived this
morning.
359 September 7, 1993
Vice Mayor De Yurre:
And what happened?
Commissioner Plummer:
And, Miller didn't want to waive it. Because, it would
be a reflection back on the sanitation budget. I said, fine.
I
Vice Mayor De Yurre:
OK, so...
Mayor Suarez: It's...
It's a mistake we are going to transfer from one hand
to the other.
Commissioner_ Plummer:
How do you want to do it. It's fine with me.
Vice Mayor De Yurre:
Now, but is your budget 200,000 less than last year,
based in the fact that we are getting the AT&T contribution?
Mayor Suarez: Does it work out to be roughly 200,000 less in subsidy?
Commissioner Plummer:
Not this year.
Commissioner Alonso:
It is?
Commissioner Plummer:
No, not this year. We've already got the money for
this year, OK.
Commissioner Alonso:
Why not.
Vice Mayor De Yurre:
OK, how much lower is it?
Commissioner Plummer:
We've already got the money for this year. We'll only
came out net this year
with 46 with the improvements that we had to do to
comply with the contract. Next year we will come out with more money.
Vice Mayor De Yurre:
OK, so we've got an extra 46?
Commissioner Plummer:
Forty-six, yes. That was part of the contributions
that he refers to of the 250.
Vice Mayor De Yurre:
OK. And, that can be applied towards the 33?
Commissioner Plummer:
No, the 33... Please get me off of this committee.
Vice Mayor De Yurre:
You need the 33 back. You need the 33.
Commissioner Plummer:
Thirty-three is what we tried to waive this morning...
Vice Mayor De Yurre:
I know.
Commissioner Plummer:
...for the sanitation fee.
Vice Mayor De Yurre:
But, are we also at this point in time giving you 46
less that last year?
Commissioner Plummer:
No, sir.
360 September 7, 1993
Vice Mayor De Yurre:
OK, you are getting that also.
Commissioner Plummer:
Wait, wait, how much less? How much less on
the
operations budget?
Mr. Katz: We are getting less a hundred thousand, Commissioner.
Commissioner Plummer:
Yeah, we went down...
Commissioner Alonso:
How much?
Commissioner Plummer:
...a hundred thousand less than the year previous.
OK.
Vice Mayor De Yurre:
OK.
Commissioner Plummer:
OK. What I need is - I've talked to Mano - is to
add
the 33 for the sanitation.
r
f Vice Mayor De Yurre:
OK.
Commissioner Plummer:
And, the 80 for the operation of the budget up
and
above of what we've got from the private sector.
Vice Mayor De Yurre:
Which you had last year.
Commissioner Plummer:
That is correct, sir. Same as last year. And, I
so
move.
Vice Mayor De Yurre:
Second.
Commissioner Plummer:
If you don't want it, then vote against it... I'm...
Please take me out of
the damn fountain and take me out of...
Mayor Suarez: Moved
and second. Any discussion? If not, please call
the
roll.
The following resolutions were introduced by Commissioner Plummer, who
moved their adoption:
RESOLUTION NO. 93-561
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE MILDRED
AND CLAUDE PEPPER BAYFRONT PARK OPERATING BUDGET FOR
FISCAL YEAR 1993-94 (ATTACHED HERLM AS EXHIBIT 1)
(Here follows body of resolution, oinitted here and on
file in the Office of the City Clerk.)
RESOLITI'ION NO. 93-561.1
A RESOLUTION, WITH ATTACHIRTTS, APPROVING THE MILDRED
AND CLAUDE PEPPER FOUNTAIN AT BAYFRONT PARK BUDGET FOR
FISCAL YEAR 1993-94 (ATTACHED HERETO AS EXHIBIT 1).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
i
Upon being seconded by Vice Mayor De Yurre, the resolutions were 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
------------------------------------------------------------------------------
64. GRANT REQUEST BY PEPIN PRIETO BASEBALL TEAM TO USE BOBBY MADURO STADIUM
IN CONNECTION WITH ITS ANNUAL BASEBALL TOURNAMENT.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Mr. Mayor, one pocket I have here. Pepin Prieto and the
MABA Association, they have their annual baseball tournament at Bobby Madura.
I would move...
Commissioner Plummer: Wait a minute I got to do this one, right?
Commissioner Alonso: I have this pocket item, I've got to do.
Vice Mayor De Yurre: ...at this time, that they be given the same treatment
and the same program that we give them every year. The 20 days and 20 nights,
the stadium free of charge including the lights.
Commissioner Alonso: Second.
362 September 7, 1993
i
Mayor Suarez: So moved and second. Any discussion? If not, please call the
roll.
Commissioner Plummer: Wait a minute, what is it costing the City? Mr.
Manager, what is your recamlendation?
Mr. Cesar Odio (City Manager): Yes, I support this league. This is very,
very good.
Commissioner Plummer: You support the financial funding? I vote for it.
Mr. Odio: Yes, yes. We have done this...
Vice Mayor De Yurre: OK. So moved.
Unidentified Speaker: Thank you.
i
Mayor Suarez: Moved and seconded.
The following resolution was introduced by Vice Mayor De Yurre, who
j moved its adoption:
RESOLUTION NO. 93-562
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AM0U,'.0 TO THE AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH THE MIAMI AMATEUR BASEBALL
ASSOCIATION ("MABA"), THEREBY EXTENDING THE
TERMINATION DATE FOR USE OF THE ROBBY MADURO MIAMI
BASEBALL STADIUM FROM JULY 25, 1993 TO DECEMBER 30,
1993, SAID EXTENSION SUBJECT TO THE SAME TERMS AND
CONDITIONS APPROVED BY RESOLUTION NO. 93-501, ADOPTED
ON JULY 8, 1993.
(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: Mayor Xavier Suarez
ABSENT: Commissioner Miller J. Dawkins
COMMENTS DURING ROLL CALL:
Mayor Suarez: I guess to be consistent I vote no.
363 September 7, 1993
------------------------------------_ ----------------_.----------------
65. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: MIAMI
HISPANIC CONFEREW-E -- APPROPRIATE FUNDS RECEIVED AS SPONSORSHIPS AND
FINANCIAL SUPPORT FOR PLANNING, ORGANIZING, DIRECTING AND FUND-RAISING
FOR SAID CONFERENCE.
Commissioner Plumper: I have one pocket, Mr. Mayor.
Commissioner Alonso: I have one too.
Commissioner Plumper: I have one pocket, ordinance establishing a
new
special revenue fund entitled Miami Hispanic Media Conference
and
appropriating funds received as sponsorships and financial support for
the
planning, organizing, directing and fund raising for said conference
and
future related conference containing the repealer provision and
the
severability clause. I so move.
Ms. Matty Hirai (City Clerk): Is that a first reading?
Mayor Suarez: Moved.
Ms. Hirai: Is that a first reading?
Commissioner Alonso: Second.
Comrdssioner Plumper: It does not cost the City any dollars at all.
Mayor Suarez: I was going to say, I want to clarify so that I can
vote
favorably...
Commissioner Alonso: Second.
Mayor Suarez: ...I know I've been working with you on the planning...
Ccmissioner Alonso: Second, second.
Mayor Suarez: ...planning logistical support and symbolic support, but
not
dollars support.
Commissioner Plummer: At no cost to the City at all, sir.
Mayor Suarez: Call the roll, then.
Vice Mayor De yurre: Go ahead.
364 September 7, 1993
AN ORDINANCE ENTITLED
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED "MIAMI HISPANIC CONFERENCE" ("CONFERENCE")
AND APPROPRIATING FUNDS RECEIVED AS SPONSORSHIPS AMID
FINANCIAL SUPPORT FOR THE PLANNING, ORGANIZING,
DIRECTING, AND FUND-RAISING FOR SAID CONFERENCE AND
FUTURE RELATED CONFERENCES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY.
Was introduced by Camussioner Plummer and seconded by Camnissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Camdssioner Miriam Alonso
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner Plummer read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
-------------------------------------------------------------------------------
66. DISCUSSION CONCERNING REQUEST RECEIVED TO INSTITUTE WRITE-IN CANDIDATE
GUIDELINES FOR THE CITY OF MIAMI -- NO ACTION TARN. (VICE MAYOR DE
YURRE INVOKES 5-DAY RULE.)
Mayor Suarez: Anything else, Camaissioner?
Commissioner Plummer: We have... We got...
Commissioner Alonso: I have a resolution authorizing...
Mayor Suarez: And, Mr. Luft is waving three resolutions in his hand which,
are the same things that, Herb...
Commissioner Plummer: Excuse me... We've for to redo...
Mayor Suarez: ...you are concerned about, related to Watson Island.
Camnissioner Plummer: ...Matty, I need the thing on the dates.
Ms. Matty Hirai (City Clerk): The November meetings.
Camu.ssioner Alonso: Let me read this. This is important that we pass it
because we might have problems if we don't. What?
365 September 7, 1993
Ms. Hirai: The November meetings.
Mayor Suarez: It seems like we can do that the second meeting of September.
But, anyhow...
Commissioner Alonso: Yeah. A resolution authorizing...
Mayor Suarez: Because, I don't think we have agreement yet.
Ccmmissioner Alonso: ...the City Attorney and the City Clerk to develop and
implement a mechanism and procedure for the write-in candidate consistent with
the decisional law, the City Charter Code and the Florida Statutes were
appropriate. I've been told that we need to do this.
Comaissioner Plummer: Yeah, but we had a request. But, I have a problem with
it, Miriam. I don't have a problem with the process of a write-in candidate.
I have a problem with Matty, who tells me that under the circumstances a
write-in candidate would have to file, would have to pay a qualifying fee,
would have to make monthly reports. And, I don't think that that's
appropriate. Now, that's my personal opinion. What about the...
Ms. Hirai: Commissioner...
Commissioner Plummer: ...write-in candidate that doesn't want to have his
name written in.
Ms. Hirai: Commissioner, I have checked with the State and with Hialeah.
And, I think that is what confused you. In the State, in the definition of
candidate, a write-in is a candidate. And, the only exception is they do not
pay a fee.
Commissioner Plummer: Only if he announces.
Ms. Hirai: They do not pay a qualifying fee. Except as to that, they have to
comply with everything.
A. Quinn Jones III, Esq. (City Attorney): That's right.
Ms. Hirai: In Hialeah, however, in their code, they don't have to do a thing.
Not at all.
Commissioner Plummer: I think that that should be the case here.
Commissioner Alonso: But, they have to.
Commissioner Plummer: Now, if they collect a dollar or spend the dollar, they
should have to report it, OK.
Mayor Suarez: That presumably is the intent of this...
Commissioner Alonso: Oh, but that is the way it is done. If you don't
collect money, you just...
Commissioner Plummer: But, what happens if a person doesn't collect any
money?
366 September 7, 1993
Conmi.ssioner Alonso: You just don't report.
Commissioner Plumper: Under the terms and conditions of today, you still have
to file quarterly.
Mayor Suarez: He'd still have to pay the $100.00.
Commissioner Plumper: OK, and I don't think that's right.
Mayor Suarez: And, yes, he'll have to file a report and just signs it.
Vice Mayor De Yurre: Yeah, Mr. Mayor, I fail...
Commissioner Alonso: Well, I so move...
Mayor Suarez: So moved.
Commissioner Alonso: ...that we approve this resolution.
Mayor Suarez: It's based apparently on an interpretation of State Law on the
Constitution.
Ccmmissioner Plumper: Is this on first reading or what?
Ccm*nissioner Alonso: No, it's a resolution.
Vice Mayor De Yurre: I fail to see the purpose of a write-in candidate in our
system here.
Commissioner Alonso: Because, they tell me we need to have something in
effect. We might be challenged if we don't, it is going to cost us.
Commissioner Plummer: Matty, that's my concern.
Ms. Hirai: Yes.
Commissioner Plumper: My concern is...
Commissioner Alonso: So, we better have something in effect because it is
going to be done anyway.
Commissioner Plumper: ...if you don't do it, Victor, you can have a legal
contestant...
Commissioner Alonso: Yes.
Cc m issioner Plumper: ...and I think that's wrong.
Vice Mayor De Yurre: OK, now, what does a write-in candidate do? What is the
difference between a write-in candidate and a regular candidate?
Ms. Hirai: His name will not be in the ballot, Mr. Vice Mayor. It'll be just
an open space.
367 September 7, 1993
Commissioner Alonso: They will have to write.
A. Quinn Jones III, Esq. (City Attorney): It will be an open space.
Ms. Hirai: If we have no controls, theoretically, we can wind up with about
70 candidates. If anybody says, Madonna, we have to...
Commissioner Plummer: Wait a minute. Let's make sure, Matty.
Vice Mayor De Yurre: OK, now, does Coral Gables have this law in place?
Ms. Hirai: We need some controls...
Commissioner Plummer: They have to make provision on the ballot for a write
in.
Ms. Hirai: Only an empty space, Mr. Commissioner.
Mayor Suarez: It has to be a blank line.
t Commissioner Plummer: But, wait a minute. Let me ask this question.
1
Ms. Hirai: Yes, sir.
Commissioner Plummer: We no longer have the clanker, we have a punch.
Ms. Hirai: That is why it's called write-in. They would have to write,
literally, write-in the name of their person - the party they would like to
vote for.
Mayor Suarez: You would have to count those by hand.
i
Commissioner Plummer: I, you know, I think we are talking about nothing
but...
Mayor Suarez: You'd have to write those by hand. OK. Under this
procedure...
Commissioner Alonso: Well, I so move.
Mayor Suarez: So moved.
Commissioner Plummer: I'll second it. I think that otherwise we are asking
for a law suit.
Commissioner Alonso: Yes.
Vice Mayor De Yurre: Well, who else is doing this?
Commissioner Plummer: Well, excuse me, let me ask this question. Mr. City
Attorney, do you recommend this?
Mr. Jones: Yes, the only reason I recommend it is because I indicated, I
think - Dr. Alonso was the only one I hadn't spoken to - was... This grew out
368 September 7, 1993
of specter of the letter of inquiry from Mr. Smith concerning our write-in
provision. And, of course, we checked the case law. There was a similar
challenge in the - regarding the 13th Congressional election back in 1978
where the new Florida Constitution had abolished a write-in provision and the
Court held that that was unconstitutional, that they had to reinstate it
because the elector - it was paramount for the elector to be able to chose
whomever he or she wanted.
Mayor Suarez: All right, yeah, it sounds like the safe thing to do. Whether
one votes for it or against it certainly...
Vice Mayor De Yurre: Mr. Mayor...
Mayor Suarez: Yes.
Vice Mayor De Yurre: ...but, doesn't that have to do with the party election?
Mr. Jones: Well...
Vice Mayor De Yurre: That's why... That's where write-in comes into play
that you didn't make it under one party or the other.
f Mayor Suarez: Listen, yeah, our elections...
Ms. Hirai: Exactly, he is right.
Mayor Suarez: ...are almost write-in elections in a sense because...
Vice Mayor De Yurre: Anybody can run..
Mayor Suarez: ...all you do is put your name, pay a hundred bucks.
Mr. Jones: Yeah. Well, it just so happens that that particular case dealt
and - that particular provision dealt with a partisan election.
Ms. Hirai: It's case law.
Commissioner Plummer: The other side is you are talking about a possible law
suit.
Mr. Jones: But, the court didn't make any distinction between whether it was
partisan or non partisan.
Ms. Hirai: Yeah.
i Commissioner Plummer: What happens is - if 50,000 people write in De Yurre's
name?
Mr. Jones: We got to qualify him.
Ms. Hirai: He is elected.
Commissioner Plummer: Fine, now...
369 September 7, 1993
Vice Mayor De Yurre: Then I have...
Mr. Jones: You can write anybody's name. But, that doesn't mean that they
are going to - the supposition behind it is that Uie person's name you are
writing in is already qualified. However, keep in mind that names...
Ccmmissioner Plummer: Wow, wow, see that... See that's where I am going...
Mr. Jones: ...wait, wait... But names...
Camussioner Plummer: What do you mean qualify?
Mr. Jones: Well, we have to establish guidelines.
Vice Mayor De Yurre: That's right we don't have anything.
Mr. Jones: We have got none.
Commissioner Plummer: That's not doing that here.
Mr. Jones: No, that's what...
Mayor Suarez: It is...
Mr. Jones: ...that's what the resolution is telling us to do. To implement a
mechanism and procedure for a write-in candidate consistent with the decision
of law.
Commissioner Plummer: Bring it back for our approval.
Mr. Jones: Well, if you want it I have it now.
Vice Mayor De Yurre: Hey, guys, I can't - you know, I'll invoke the rule on
this. I am not going to vote on this.
Commissioner Plummer: Now, hey...
Mayor Suarez: All right, invoke the rule.
Commissioner Plummer: No, hey, I want you to know I am in favor. But, I want
to know what those guidelines are.
Mayor Suarez: Wait, the Commissioner - the rule...
Commissioner Alonso: OK, I just want to make for the record that I brought
this to you. If we didn't pass it on time or whatever, then...
Commissioner Plummer: Ah...
Commissioner Alonso: ...we are going to be taken to court. That's the fear
that the City Attorney...
Mayor Suarez: OK, but the...
370 September 7, 1993
Ms. Hirai: Mr. Mayor.
Mayor Suarez: But, the rule has been invoked. Yes.
Ms. Hirai: The last day will be September the 18th.
Commissioner Plummer: OK.
Mayor Suarez: Yes.
Commissioner Plummer: Hey, you can bring it up in the next meeting...
Commissioner Alonso: Sure.
Commissioner Plummer: ...it's not a deadline item.
Commissioner Alonso: Why don't we have it as a regular agenda item?
Mayor Suarez: This is contradicting what you said, isn't it?
Commissioner Plummer: That's fine. That's fine.
Mayor Suarez: All right. So...
Commissioner Alonso: So, we don't have this problem.
Mayor Suarez: I am sorry?
Commissioner Plummer: What else have we got? Can we go home?
Commissioner Alonso: I have this as an agenda item.
Mayor Suarez: I gather that she is just saying that it will be too late on
September 21st.
Mr. Jones: It will.
Commissioner Alonso: Oh, it's too late?
II
Mr. Jones: The qualifying deadline is September...
Commissioner Alonso: Oh, that's right it's too late. This is the last
opportunity.
Mayor Suarez: All right. Commissioners, the rule has been invoked, it is
MY...
Commissioner Plummer: Why we can't?
Commissioner Alonso: Because of the deadline.
Mayor Suarez: ...ruling - unless somebody overrules me - and, I don't think
you have the votes here, that this matter cannot be taken up today.
371 September 7, 1993
Commissioner Plummer: Well, if somebody invokes the rule, that's correct.
Mr. Mayor, my point very simply...
Mayor Suarez: Argue with him. He is the one that invoking it.
Ca mm.issioner Plummer: OK, my point is simply this. I don't think a write-in
candidate has to qualify. There is no deadline if you don't have to qualify.
Mr. Jones: Yes, there is.
Mayor Suarez: You could argue that. And, therefore we would - I don't know,
Mr. City Attorney.
Mr. Jones: No, but you still have - what we did is basically expanded the
guidelines that were adopted by the State. Keep in mind...
Commissioner Plummer: The only qualifying in this City you got to do is to be
breathing and warm - you qualify.
Mr. Jones: ...but, keep in mind if the person is not qualified throughout
procedures, whatever, I don't care whose name is written in the blank spot of
the ballot, it won't be counted.
Commissioner Plummer: How about Walter Mercado?
Mr. Jones: He hasn't qualified. His won't be counted.
Mayor Suarez: He will find a way, mysteriously, to qualify.
Commissioner Plummer: Yes.
Mayor Suarez: Through the stars. All right. On the...
------------------------------------------------------------------------------
67. (Continued) BRIEF COMMENTS CONCERNING NEED TO RESCHEDULE THE NOVEMBER
AND DECEMBER CITY COMMISSION MEETINGS. NO ACTION TAKEN. (See label 14)
Commissioner Plummer: All right, changing of the dates. Matty, what are you
recommending?
Ms. Hirai: Recommendations...
i
Comissioner Plummer: All right, we are worried about nothing in October,
right?
Ms. Hirai: No. Just...
Commissioner Plummer: We are worried about November...
Commissioner Alonso: We take that next time.
372 September 7, 1993
Ms. Hirai: ...November and December.
Cannissioner Alonso: Please let's worry about November when it canes... Ohl
Mayor Suarez: We can do that the second meeting in September.
Commissioner Plummer: No, you got to have advertising 10 days in advance.
Mayor Suarez: I think we have plenty enough time for November.
Commissioner Plummer: All right, I am sorry, Matty. I tried. Good night.
Mayor Suarez: All right. No, if we have dates, we will try than. But, in
the meantime...
--------------------------------------------------------------------------------
68. (A) ACCEPT GRANT ($189,000) FROM U.S. DEPARTMENT OF TRANSPORTATION,
FEDERAL AVIATION ADMINISTRATION ENTITMW TRUST FUND, FISCAL
YEAR 1990 -- FOR CITY USE IN CONNECTION WITH THE WATSON ISLAND
AVIATION
FACILITIES PLANNING PROCR? M.
(B) ENTER INTO PROFESSIONAL. SERVICES AGREEMENT WITH THOMPSON
CONSULTANTS INTERNATIONAL FOR AVIATION PLANNING SERVICES AT WATSON
ISLAND.
(C) EKECtfl'E APPROPRIATE DOCUMENTS RELATED TO WAIVER AND REASSIGNIENT OF
TRUST FUNDS TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
($111,000), PREVIOUSLY APPROPRIATED IN 1990 BY THE U.S. DEPART
OF TRANSPORTATION, FEDERAL AVIATION ADivIINISTRATION -- FOR CITY USE
IN CONNECTION WITH WATSON ISLAND AIRPORT FACILITY.
-------------------------------------------- ---------------------------------
Commissioner Alonso: What is this?
Mayor Suarez: ...we have some items that have to be taken care of.
Commissioner Plummer: I invoke the rule.
Mr. Jack Luft: We are trying to receive 300,000 from the FAA (Federal
Aviation Administration) which expires...
Mayor Suarez: Well, hear it before you invoke it please.
Mr. Luft: ...in September. We are asking you to approve three resolutions
that will allow us to receive $189,000.00 fran the FAA. It will expire at the
end of this month if we don't do this. It will enable to produce, as planned,
for the seaport plane base on Watson Island. It transfers $111,000.00 to
Monroe County which we can not use because our contract amount is only 189.
But, that money would be used to build seaplane ramps at Key West...
Mayor Suarez: OK, somebody wants to move the resolution that Mr. Luft is
referring to.
Mr. Luft: ...for Chalks Airlines so we can increase that service between
Miami.
Commissioner Plummer: Well, are we going to be put into a position of
accepting $111,000.00 and the City is going to have another million to
complete the project?
Mr. Luft: No, no, no, sir. The only amount of money we have to come up with
is $10,000.00 for this complete $300,000.00 grant.
Commissioner Alonso: Is that all?
Mr. Luft: That's all.
Commissioner Plummer: This is only for the ramps?
Mr. Luft: This is for the ramps in Monroe and to do the planning on...
Commissioner Plummer: I move it. Wait, wait, wait.
Mr. Luft: ...the planning on Watson.
Ccnudssioner Plummer: Only for the ramps at Watson Island.
Mr. Luft: No, the ramps are in Monroe County. The planning, for the seaplane
base is the $189,000.00 contract, that this money will fund. The amount of
money that's...
Commissioner Plummer: It will fund a study?
Mr. Luft: To fund the plan - the plan that's all. Just the plan. We come
back.
Commissioner Plummer: Excuse me, excuse me. Chalk Airlines has been...
Mr. Luft: This is a plan...
Commissioner Plummer: ...operating over there for about 4,000 years...
Mr. Luft: Yes.
Commissioner Plummer: Why do we suddenly need a study to tell Chalk Airlines
how to operate?
Mr. Luft: Because, we are going to...
Mayor Suarez: Is it a study?
Mr. Luft: We're going to ask the Federal Government through the... We get
$400,000.00 every year assigned to us. It is ours to spend, if we can use it
or we lose it.
Commissioner Plummer: I don't understand.
374 September 7, 1993
Mr. Luft: That money on - it canes every year - we intend to use with your
approval - that money in it's caning years to make improvements to those
facilities on Watson Island.
Commissioner Plummer: You said that it was for a study.
Mr. Luft: We own them. Before we can spend the money to make the
improvements we have to have an approved plan by the FAA. They will pay for
the plan. This money is theirs, they are paying for it.
Commissioner Alonso: May I ask? Didn't we do this before?
Mr. Luft: Yes, you did. You approved at the selection of the consultant...
Commissioner Plummer: I don't understand it.
Mr. Luft: ...authorized us to negotiate a contract. We did. This is
approval of the contract, acceptance of the grant to start the work. That's
what this is.
Commissioner Alonso: So, this is the same thing that we originally approved.
Mr. Luft: Same thing that you've done before, yes. We had to negotiate that
and come back to you.
Commissioner Alonso: And, it will cost us $10,000.00?
Mr. Luft: That's all it is. It is a 90 percent grant.
Mayor Suarez: OK, I entertain a motion on it? If not, I'll move it.
Mr. Luft: Otherwise, we lose all the money.
Cam issioner Alonso: I will move. And, I'll guess we ended up that way last
time.
Mayor Suarez: OK, moved and seconded.
Ms. Matty Hirai (City Clerk): Who seconds?
Commissioner Alonso: The only thing that it comes in such a rush,
and it
takes time, you know. But, yes, I guess I support it.
Mr. Luft: Well, we were trying to negotiate this and there has been a
lot of
approvals back and forth. We've done the best we can, just as soon
as we
could get it back to you.
Commissioner Alonso: And, it is the same thing that we did last year.
Mr. Luft: The same thing you did last year.
Mayor Suarez: I have no idea why Monroe County is a factor in this.
But, I
am going to vote favorably.
375 September 7, 1993
Mr. Luft: Well, because we have given it to Dade County before.
Mayor Suarez: No, no, no. But, I am going to vote favorably based on your
recoATWndation. If you say one more thing, I vote against it. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-563
A RESOLUTION AUTHORIZING THE CITY M iAGER TO ACCEPT A
GRANT, IN THE AMOUNT OF $189,000, FROM THE UNITED
STATES DEPARZMENT OF TRANSPORTATION, FEDERAL AVIATION
AIMINISTRATION ENTITLEMENT TRUST FUND, FISCAL YEAR
1990, FOR CITY USE EXCLUSIVELY IN CON ECTION WITH THE
WATSON ISLAND AVIATION FACILITIES PLANNING PROGRAM;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOM4BIIS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO ACCEPT AND II-MIMMNT SAID GRANT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Co missioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: I just want to put on the record that I am voting on something
based on your recommendations. I don't otherwise understand that aspect of
it. What was that other item?
Commissioner Alonso: Yes. That's it.
Mr. Luft: There are three items all related. Accepting the money from the
Federal Government.
Mayor Suarez: We did all of that, Madam City Clerk?
Mr. Luft: Authorizing the contract and distributing the balance of the funds
to Monroe so that they can...
Mayor Suarez: OK, do we understand that all that was done in the same motion?
Yes. Anything else?
Ms. Hirai: Jack, are they separate instruments?
376 September 7, 1993
Mayor Suarez: OK, as to the second instrument, Madam City Clerk. The same
motion and same second. Call roll, just to be sure.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93--564
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A PROFESSIONAL SERVICES AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THOMPSON
CONSULTANTS INTERNATIONAL, FOR AVIATION PLANNING
SERVICES AT WATSON ISLAND; FURTUER AUTHORIZING
COMPENSATION FOR SAID SERVICES, IN AN AM1OUNI' NO]' TO
EXCEED $210,000, TO BE FUNDED AS FOLU)WS: 1) PRIMARY
FUNDING, IN THE AMOUNT OF $189,000, TO BE RECEIVED
FROM THE UNITED STATES DEPARTME14T OF TRANSPORTATION,
FEDERAL AVIATION ADMINISTRATION ENTITLEMEME TRUST
FUND, FISCAL YEAR 1990; AND 2) SECONDARY FUNDING, IN
THE AMOUNT OF $21, 000, TO BE RECEIVED FROM THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY
OF MIAMI ($10,500 EACH).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Vice Mayor_ Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, J.r.
Mayor Suarez: And, as to the third item that goes with it, same motion, same
second.
Ms. Hirai: We have three already, Mr. Mayor.
Mayor Suarez: All right, I only counted two. We are otherwise adjourned,
ladies and gentlemen.
377 September 7, 1993
The following resolution was introduced by Commissioner Plummer,
who
moved its adoption:
t
RESOLUTION NO. 93-565
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AND FILE THE APPROPRIATE DOCU4ENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, RELATED TO THE WAIVER
AND REASSIGDMqT OF TRUST FUNDS TO THE MONROE COUNTY
BOARD OF COUNTY =1MISSIONERS, FLORIDA, IN THE AMOUNT
OF $111,000, PREVIOUSLY APPROPRIATED IN 1990 BY THE
UNITED STATES DEPARIMEW OF TRANSPORTATION, FEDERAL
AVIATION ADMINISTRATION, FOR CITY USE EXCIJJSIVELY IN
CONNECTION WITH THE WATSON ISLAND AIRPORT FACILITY;
SAID WAIVER AND REASSIGNMNT CC)NTINGUU UPON SAID
FUNDS BEING USED SOLELY BY THE AVIATION DEPAR'ITMW OF
MONROE COUNTY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
( Upon being seconded by Mayor Suarez, the resolution was passed
and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
1 Commissioner J.L. Plummer, Jr.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE
CITY
CCNMISSION, THE MEETING WAS ADJOURNED AT 9:47 P.M.
I
Xavier L. Suarez
MAYOR
ATTEST:
Matty Hirai
CITY CLERIC
Walter J. Foenan
ASSISTANT CITY CLERK
( S E A L)
,
378 September 7,
1993