HomeMy WebLinkAboutCC 1993-09-27 Minutesi
CITY QF MIAMI
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
MINUTES OF REGULAR MEETING
September 27, 1993
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1.
PRESENTATIONS, PROCLAMATIONS, AND
DISCUSSION
1
SPECIAL ITEMS.
9/27/93
2.
DISCUSSION CONCERNING COCOANUT GROVE
DISCUSSION
2-3
VILLAGE COUNCIL'S REQUEST TO HOLD ITS
9/27/93
ELECTION IN CONJUNCTION WITH THE
NOVEMBER 2 AND 9, 1993 MIAMI ELECTIONS.
(See label 64)
3.
COMMISSIONER DAWKINS DIRECTS
DISCUSSION
3
ADMINISTRATION TO CONTACT GOVERNOR
9/27/93
CHILES AND OTHER APPROPRIATE GOVERNMENT
OFFICIALS TO CONDUCT AN INTENSE SEARCH
FOR PERPETRATORS RESPONSIBLE FOR
SERIOUSLY ABUSED GIRL IN ABANDONED
BUILDING ON CORNER OF N.W. 12 STREET
AND 4 AVENUE.
4.
BRIEFLY DISCUSS AND WITHDRAW PROPOSED
DISCUSSION
4
RESOLUTION TO ACCEPT CCTO SUBDIVISION
9/27/93
PLAT.
5.
REFER TO CITY MANAGER REQUEST BY
DISCUSSION
4-5
ARTIFICIAL INTELLIGENCE, INC. TO HOLD
9/27/93
AN ALL NIGHT DANCE PARTY ON GROUNDS OF
VIRGINIA KEY BEACH.
6.
PRESENTATION: CERTIFICATE OF
DISCUSSION
5-6
APPRECIATION: RUFUS HAYNES -- FOR
9/27/93
HAVING INTERRUPTED ROBBERY OF A TOURIST
ON BISCAYNE BOULEVARD.
7.
CONSENT AGENDA.
DISCUSSION
6-7
9/27/93
7.1
AUTHORIZE BUY BACK OF ONE 1990 FORD
R 93-566
7
RESCUE VEHICLE (RESCUE 7 [72901) FROM
9/27/93
FORD MOTOR COMPANY (FOR FIRE
DEPARTMENT).
7.2
EXECUTE PROFESSIONAL SERVICES AGREEMENT
R 93-567
7-8
WITH MARKETING TECHNICS ENTERPRISES --
9/27/93
FOR PROVIDING SOLICITATION AND SALES OF
SPONSORSHIP AND ADVERTISING SPACE FOR
THE MARQUEE SIGN AT BAYFRONT PARK.
7.3
EXECUTE AGREEMENT WIJH NATIONAL, CENTER
R 93-568
8
FOR MUNICIPAL DEVELrOPME U, INC. -- 20
9/27/93
CONTINUE REPRESENTATION OF THE CITY OF
MIAMI IN WASHINGTON, DC BY MR. MARK
ISRAEL.
7.4
EXECUTE AN ANTENNA LEASE AGREEMENT WITH
R 93-569
8-9
GROVECOMPCO, INC. -- FOR LASE OF ROOF
9/27/93
AND INTERIOR SPACE AT 2850 TIGERTAIL
AVENUE.
7.5
ACCEPT FINDINGS OF SELECTION COMMITTEE
R 93-570
9
i
CONCERNING USE OF VACANT RETAIL SPACE
9/27/93
IN OVERTOWN SHOPPING CENTER --
NEGOTIATE / EXECUTE REVOCABLE PERMIT
WITH OVERTOWN PARKWEST CLEANERS, INC.
FOR USE OF SPACE 104 IN OVERTOWN
SHOPPING CENTER.
7.6
ACCEPT PLAT: MIAMI NORTHWESTERN SENIOR
R 93-571
9-10
HIGH SCHOOL.
9/27/93
7.7
ACCEPT PLAT: HOLMES ELEMENTARY SCHOOL.
R 93-572
10
9/27/93
8. DISCUSS AND DEFER CONSIDERATION OF
M 93-573 10-12
PROPOSED RESOLLiTION TO RECOGNIZE TAX
9/27/93
EXEMPT STATUS CLAIMED BY THE URBAN
LEAGUE OF GREATER MIAMI -- DIRECT
ADMINISTRATION TO RESEARCH PAST SIMILAR
INSTANCES WHERE SIMILAR REQUESTS HAVE
BEEN GRANTED B THE CITY. (See label
19)
9. CLAIM JUDGEMENT: PAY RAFAELA CORONA
R 93-574 12-13
AND ATTORNEY (LAW OFFICES OF MANUEL
9/27/93
VASQUEZ) ($15,000).
10.
BRIEFLY DISCUSS AND WITHDRAW
DISCUSSION
14
CONSIDERATION OF PROPOSED EMERGENCY
9/27/93
ORDINANCE TO AMEND CODE CHAPTER 54
(STREETS AND SIDEWALKS) -- TO ESTABLISH
FEE SCHEDULE FOR USE OF PUBLIC RIGHTS —
OF —WAY BY PRIVATE COMMUNICATIONS
SYSTEMS AM PRORATION OF FEES FOR
PERMITS OBTAINED PRIOR TO OR AF7.ER
OCTOBER 1ST.
11.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE
15-16
SECTIONS 12-3 AND 31-35 -- TO CONFORM
11086
WITH FLORIDA STATUTES 849.1.5 — 849.23,
9/27/93
AND TO REQUIRE A SWORN AFFIDAVIT FROM
OWNERS OF AMUSEMENT VENDING MACHINES TO
THE EFFECT THAT SUCH MACHINES ARE NOT
UNLAWFUL.
12.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE
16-17
SECTION 18-52.1(h) -- TO ADOPT A
11087
PROCUREMENT PROCEDURE IMPLEMENTING THE
9/27/93
LOCAL PREFERENCE PROVISION OF CITY
CHARTER SECTION 29—A, THEREBY
ALTTHORIZIl`dG THAT WHEN A LOW BID IS
RECEIVED FROM A NON —LOCAL VENDOR WHEN
CONTRACTING FOR PERSONAL PROPERTY,
PUBLIC WORKS OR IMPROVIIMENTS, THE CITY
COMMISSION MAY OFFER, TO A RESPONSIBLE
/ RESPONSIVE LOCAL BIDDER, THE
OPPORTUNITY OF ACCEPTING A CONTRACT AT
THE LOW BID AMOUNT, PROVIDED THE
ORIGINAL BID FROM THE LOCAL VENDOR DOES
NOT EXCEED 110 PERCENT OF THE LOW BID.
13.
SECOND READING ORDINANCE: ESTABLISH
ORDINANCE
17-18
NEW SPECIAL REVENUE FUND: MIAMI
11088
HISPANIC MEDIA CONFERENCE --
9/27/93
APPROPRIATE FUNDS FOR THE PLANNING /
ORGANIZING / DIRECTING / FUND—RAISING
FOR CURRENT AND FUTURE RELATED
CONFERENCES.
14.
ENTER INTO AGREEMENT WITH MIAMI CAPITAL
R 93-575
19-20
DEVELOPMENT, INC. TO PROVIDE
9/27/93
$187,500.01 FOR ADMINISTRATIVE
OPERATIONS FOR MCDI (FOR PERIOD OF
OC10BER 1, 1993 — JUNE 30, 1994), AND
TO PROVIDE $500,000 F'OR THE REVOLVING
LOAN FUND PROGRAM ADMINISTERED BY
MCDI -- ALLOCATE FUNDS FROM 19TH YEAR
CDBG PROGRAM.
i
16.
AUTHORIZE CITY MANAGER TO MAKE OFFERS
R 93-577 25-27
AND EXECUTE AGREEMEN7.'S WITH PROPERTY
9/27/93
OWNERS FOR ACQUISITION OF SEVEN PARCELS
LOCATED WITH THE OVERTOWN COMMUNITY
DEVELOPMENT TARGET AREA TO BE USED FOR
DEVELOPMENT OF HOUSING AFFORDABLE TO
LOW / MODERATE INCOME FAMILIES IN
CONNECTION WITH THE SCATTERED SITE
AFFORDABLE HOMEOWNERSHIP DEVELOPM IT
PROGRAM -- ALLOCATE FUNDS FROM CDBG
PROGRAM.
17.
(A) CITY COMMISSION ACCEP19 CITY OF
R 93-578 28-30
MIAMI'S COMPREHENSIVE ANNUAL FINANCIAL
9/27/93
REPORT (FOR FISCAL YEAR ENDED SEMINBER
30, 1992).
(B) COMMISSIONER DAWKINS INSTRUCTS CITY
MANAGER THAT, IN THE F UIURE BEFORE THE
ADMINISTRATION IS TO MEET WITH BOND
COUNSEL TO DISCUSS THE CITY'S RATING
AND FINANCIAL STATUS, ALL COMMISSIONERS
MUST BE INFORMED AS IN CASE THEY ARE
DESIROUS OF ATTENDING SAID MEETING.
18.
CONFIRM REAPPOINRENTS / APPOINTER`
R 93-579 30-33
TO BOARD OF DIRECTORS OF DOWNTOWN
9/27/93
DEVELOPMENT AUTHORITY. (Reappointed
were: Philip Blumberg, Mike
Brazlaysky, Mariin Cassel, Adolfo
Henriques, S. Lawrence Kahn III, Rafael
Kapustin, Antonio Marina, H. Leland
Taylor and Philip Yaffa. Appointed
were: Sergio Rok, Robert H. Traurig,
Gary A. Siplin and Harvey Ruvin.)
19.
(A) Continued discussion) RECONSIDER
M 93-580 34-37
PRIOR RESOLUTION TO GRAND REQUEST URBAN
R 93-581
LEAGUE OF GREATER MIAMI FOR TAX EXEMPT
9/27/93
STATUS.
(B) GRANT REQUEST BY URBAN LEAGUE OF
GREATER MIAMI FOR TAX EXEMPT STATUS.
(Se label 8)
20.
EXECUTE FIRST AMENDMENT TO
R 93-582 38-40
PARTICIPATION AGREEMENT WITH THE FIRST
9/27/93
MUNICIPAL LOAN COUNCIL -- TO EVIDENCE
TRANSFER OF CERTAIN FUNDS PREVIOUSLY
DESIGNATED AS LOANED TO THE DEPARTMENT
OF OFF-STREET PARKING TO BE TRANSFERRED
TO CITY OF MIAMI IN CONJUNCTION WITH
THE POOLED LOAN PROGRAM OF THE FLORIDA
LEAGUE OF CITIES' FIRST MUNICIPAL LOAN
PROGRAM.
21.
APPROVE APPOINTMENT OF LAW FIRMS OF:
R 93-583 41-43
(a) GREENBERG, 111RAURIG, HOFFMAN,
9/27/93
LIPOFF, ROSEN & QUENI'EL, P.A., AND (b )
MCCRARY AND MOSLEY -- To PROVIDE BOND
COUNSEL SERVICES IN CONNECTION WITH
ISSUANCE OF NOT TO EXCEED $30,000,000
TAX ANTICIPATION NOTES, SERIES 1993.
22.
AUTHORIZE ISSUANCE OF NOT TO EXCEED
R 93-584 43-55
$30,000,000 TAX ANTICIPATION NOTES,
9/27/93
SERIES 1993 -- TO MEET CERTAIN OF Tim
CITY' S CASH FLAW REQUIRQMENTS FOR
FISCAL YEAR ENDING SEPTEMBER 301f 1993.
23.
APPROVE CHIEF PROCUREMENT OFFICER'S
R 93-585 55-57
REJECTION OF PROTEST BY EASTMAN KODAK
9/27/93
COMPANY -- FOR PURCHASE OF SIX HEAVY
DUTY COPIERS (BID NO. 92-93-103).
24.
ACCEPT BID: XEROX CORPORATION -- FOR
R 93-586 57-58
FURNISHING SIX HEAVY DUTY TYPE E COPIER
9/27/93
MACHINES ON A LEASE / RENTAL BASIS (TO
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE).
25.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION 58-62
CONSIDERATION OF PROPOSED RESOLUTION TO
9/27/93
EXECUTE AGREEMENT WITH JOINT VENTURE OF
BEDMINSTER / SEACOR SERVICES, INC.
TO DESIGN / CONSTRUCT / ACCEPTANCE TEST
/ FINANCE / OWN / OPERATE A SOLID WASTE
PROCESSING FACILITY -- EXECUTE
INIERLOCAL AGREEMENT WITH METROPOLITAN
DADE COUNTY TO RELEASE CITY FROM
REQLJIREME14T THAT ITS SOLID WASTE STREAM
BE TAKEN TO COUNTY LANDFILL FACILITIES.
(See label 38)
27.
DISCUSSION RELATING TO ONGOING
DISCUSSION 107-114
COMPLAINTS CONCERNING STREET VENDORS
9/27/93
WHO CLAIM TO HAVE EXCLUSIVE RIGHTS
OUTSIDE THE ORANGEBOWL -- COMMISSIONER
ALONSO OFFERS TO MEDIATE AND COME BACK
WITH RECOMM 4DED SOUJTION TO THE
PROBLEM.
28.
ACCEPT BIDS: (1) N.A. LAND CLEARING;
R 93-588 114-115
(2) SHARK WRECKING CORP.; (3) ALLEN-
9/27/93
JUELLE, INC.; (4) CWU-'X CONSTRUCTION
CORP.; (5) ALPHA CONSTRUCTION GROUP;
(6) PARAMOUNT ENGINEERING, INC.; (7)
LANGO EQUIPMENT SERVICES, INC.; (8)
J.R. BUILDERS, INC.; AND (9) ACTION
LAND DEVELOPMENT -- FOR FURNISHING
DEMOLITION SERVICES (TO DEPARrIMENP OF
PLANNING, BUILDING & ZONING).
29.
DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION 116-117
PROPOSED RESOLUTION TO AUTHORIZE AN
9/27/93
INCREASE IN THE FUNDING OF THE ROBBERY
TACTICAL DETAIL.
30.
AUTHORIZE CONSTRUCTION OF PAVING AND/OR
R 93-589 117-118
DRAINAGE IMPROVEMENI.'S ON PORTION OF
9/27/93
SOUTH BAYHOMES DRIVE BETWEEN PARK LANE
AND BISCAYNE BAY -- CLARIFY
JURISDICTIONAL AUTHORITY OF SOUTH
BAYHOMES DRIVE.
31.
(A) DIRECT CITY ATTORNEY TO PREPARE
M 93-590 118-122
ORDINANCE AMENDING 10348 TO CHANGE
R 93-591
QUORUM REQUIREMENTS FOR CONVENING
9/27/93
MEETINGS OF THE BAYFRONT PARK
MANAGEMENT TRUST.
(B) APPOINT / REAPPOINT INDIVIDUALS AS
MEMBERS OF BAYFRONT PARK MANAGEMENT
TRUST. (Reappointed were: Ruth
Greenfield, Joseph P. Klock Jr., Bobbie
Mumford, Jo Ann Pepper, Athalie Range,
Dewey W. Knight III, Jose Garcia
Pedrosa and Raul Tercilla. Appointed
were: Jim MacDonald and Herbert M.
Levin.)
32.
APPOINT / REAPPOINT INDIVIDUALS AS
R 93-592 122-123
MEMBERS OF THE NUISANCE ABATEMENT
BOARD. (Reappointed were: Robert Gill
and Adrian Ferradaz; one appointment
still pending.)
33.
(A) APPOINT / REAPPOINT INDIVIDUALS TO
R 93-593 124-128
THE PRIVATE INDUSTRY COUNCIL (PIC) OF
R 93-594
SOUTH FLORIDA. (Reappointed were:
9/27/93
Willy Ivory, Linda Eads, Josefina Bonet
Habif, Melvin "Skip" Chaves, Gabriel
Torres, & Billy Hardemon. Appointed
was: Olga Connor One appointment
still pending.)
(B) APPOINT INDIVIDUALS TO SERVE AS
MEMBERS ON THE TAX-EXEMPT PROPERTY
STEERING COMMITTEE (PILOT). (Appointed
were: William Klein & Melanie C.
Paisley -Thomas.)
34.
(A) RECONSIDER PREVIOUSLY TAKEN VOTE ON
M 93-595 128-136
ADOPTION OF RESOLUTION 93-393,
9/27/93
CONCERNING PROPOSED CHINATOWN
DEVELOPMENT, WHICH REVERSED ZONING
BOARD'S GRANTING OF APPEAL FROM
DECISION RENDERED BY ZONING
ADMINISTRATOR REVOKING BUILDING PERMIT
NOS. 92-0006757, 92--0006758, 92-000677,
92-00204032, & 93-5004911, AS A RESULT
OF APPLICANT'S (ISAAC SHIN) FAILURE TO
MEET CONDITIONS ESTABLISHED ON RECORDED
COVENANT'S. (See label 36).
(B) DISCUSSION CONCERNING FUTURE DATE
OF PUBLIC HEARING.
(C) RESCHEDULE NOVEMBER COMMISSION
MEETINGS TO BOTH TAKE PLACE ON NOVEMBER
18, 1993.
35.
RESCHEDULE NOVEMBER REGULAR AND
R 93-596 136-140
PLANNING AND ZONING CITY COMMISSION
9/27/93
MEETINGS TO BOTH TAKE PLACE ON NOVEMBER
18, 1993.
36.
(Continued discussion) FURTHER
DISCUSSION 141
CLARIFYING COMMENTS ON THE CHINATOWN
9/27/93
PROJECT. (See label 34)
37.
DISCUSSION CONCERNING TRAFFIC CONTROL
M 93-597 141-155
PLAN FOR COCONUT GROVE BUSINESS AREA --
9/27/93
DIRECT ADMINISTRATION TO SCHEDULE
PUBLIC HEARING FOR SECOND MEETING IN
OCTOBER.
38.
(A) DISCUSSION CONCERNING PROPOSED
M 93-598
RESOLUTION TO EXECUTE JOINT/ CONSTRUCT
R 93-599
/ ACCEPTANCE TEST / FINANCE / OWN /
9/27/93
OPERATE A SOLID WASTE PROCESSING
FACILITY -- STIPULATE THAT PROPOSED
SOLID WASTE PROCESSING FACILITY SHALL
NOT BE LOCATED WITHIN CITY OF MIAMI
LIMITS.
(B) EXECUTE AGREFl=, WITH JOINT
VENTURE OF BEDMINISTER/SEACOR SERVICES,
INC. -- TO DESIGN / CONSTRUCT /
ACCEPTANCE TEST / FINANCE / OWN /
OPERATE A SOLID WASTE PROCESSING
FACILITY -- AUTHORIZE EXECUTION OF
INI ERLOCAL AGREEMENT WITH METROPOLITAN
DADE COu'NTY TO RELEASE THE CITY OF
MIAMI FROM REQUIREMENT THAT ITS SOLID
WASTE STREAM BE TAKEN TO COUNTY
LANDFILL FACILITIES.
39.
APPROVE FUNDING FOR FIVE NOT -FOR -PROFIT
R 93-600
SERVICE PROVIDERS -- TO PROVIDE
9/27/93
ASSISTANCE TO PERSONS WITH HIV / AIDS
OR RELATED DISEASES -- ALLOCATE FUNDS
FROM HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS (HORAIA) PROGRAM GRANT --
EXECUTE AGREEMENTS WITH: (a)
METROPOLITAN DADE COUNTY, (b) DADE
COUNTY DEPARTMENT OF HUMAN RESOURCES,
OFFICE OF COMMUNITY SERVICES, (c) MIAMI
COALITION FOR THE HOMELESS, (d) LOCK
TOWN COMMUNITY MENTAL HEALTH CENTER,
INC., (e) CHRISTIAN COMMUNITY SERVICE
AGENCY, AND (f) SPOC-HISPANIC AIDS
AWARENESS PROGRAM.
40.
DISCUSSION CONCERNING CURBSIDE
DISCUSSION
RESIDENTIAL GARBAGE COLLECTION,
9/27/93
COMMERCIAL ACCOUNTS AND CURBSIDE
RECYCLING.
41.
INITIATE / REQUEST PROPOSED CITY OF
R 93-601
MIAMI BOUNDARY CHANGE AND SUBMIT
9/27/93
REQUEST FOR PROPOSED 04'ES TO THE
BOARD OF COUNTY COMMISSIONERS OF
METROPOLITAN DADE COUNTY.
42.
DISCUSSION CONCEERNING REPRESENTATIVE
DISCUSSION
FROM LAW FIRM OF ADORNO & ZEDER
9/27/93
REQUESTING APPEAL REGARDING THE
FIESTA'S TOUR BOAT LEASE AT MIAMARINA.
156-195
195-199
199-228
228-234
234-246
43.
PERSONAL APPEARANCE BY MARVIN DUNN TO
R 93-602
246-250
APPRISE CITY COMMISSION OF STATUS OF
9/27/93
THE OASIS PROJECT -- APPROVE $200,000
FOR SAID PROJECT, SUBJECT TO
ADMINISTRATION ENSURING THAT FUNDING
WOULD, IN FACT, BE AVAII..ABLE .
44.
GRANT REQUEST BY REPRESENTATIVES FROM
R 93-603
251-254
THE MIAMI 1993 CARIBBEAN AMERICAN
9/27/93
CARNIVAL MR FEE WAIVERS RELATED TO
THEIR CARNIVAL EVENTS, SUBJECT TO NO
SELLING OR DISPENSING OF ALL'OHOL DURING
THE PARADE.
45.
DISCUSS AND REFER TO CITY MANAGER
DISCUSSION
254-258
RICHARD E. HESSEY`S CLAIM RELATED TO
9/27/93
HIS MEDICAL INSURANCE COVERAGE PROVIDED
�.
THROUGH THE SANITATION EMPLOYEES
ASSOCIATION.
46.
DISCUSSION CONCERNING PRESENTATION MADE
DISCUSSION
259-264
BY REPRESENTATIVES OF DEPARTMENT OF
9/27/93
TRANSPORTATION REGARDING THE LONG RAKE
IMPROVEMENT PLAN I -OR THE PALMEMO 826
EXPRESSWAY.
47.
INSTRUCT CITY MANAGER TO INITIATE
M 93-604
264-269
A ZONING STUDY OF THE VIZCATRAN
9/27/93
PROPERTY (AREA ACROSS FROM
VIZCAYA METRORAIL STATION) IN
ORDER TO REVIEW THE FEASIBILITY
OF DOWN -ZONING SAID PROPERTY.
48.
PUBLIC HEARING ON THE CITY OF
DISCUSSION
270
MIAMI FY ` 94 BUDGET.
9/27/93
49.
SECOND READING ORDINANCE: DEFINE AND
ORDINANCE
271-272
DESIGNATE TERRITORIAL LIMITS FOR CITY
11.089
OF MIAMI FOR PURPOSE OF TAXATION -- FIX
9/27/93
MILLAGE AND LEVY TAXES FOR FISCAL, YEAR
j
OCTOBER 1, 1993 - SEPTEMBER 30, 1994.
t 50.
SECOND READING ORDINANCE: MAKE
ORDINANCE
273-285
APPROPRIATIONS FOR CITY OF MIAMI FOR
11090
FISCAL YEAR ENDING SEPTEMBER 301 1994.
M 93-604.1
9/27/93
51.
PUBLIC HEARING CONCERNING
DISCUSSION
286
PROPOSED MILLAGE RATE AND ADOPTED
9/27/93
TENTATIVE BUDGET FOR THE DOWNTOWN
DEVELOPMENT AUTHORITY.
i
52. SECOND READING ORDINANCE: DEFINE AND ORDINANCE 286-289
DESIGNATE TERRITORIAL LIMITS OF THE 11091
DOWNTOWN DEVELOPMENT DISTRICT -- FIX 9/27/93
MILLAGE AND LEVY TAXES FOR FISCAL YEAR
OCTOBER 1, 1993 - SEPTEMBER 30, 1994.
53. SECOND READING ORDINANCE: MAKE ORDINANCE 289-291
APPROPRIATIONS FOR DOWNIvWIV DEVELOPMENT
11092
AUTHORITY FOR FISCAL YEAR OCTOBER 1,
9/27/93
1993 - SEPTEMBER 1994.
54.
AUTHORIZE COLLECTIVE BARGAINING
R 93-605
291-294
AGREEMENT WITH THE INTERNATIONAL
9/27/93
ASSOCIATION OF FIREFIGHTERS, AFL-
CIO, LOCAL 587 (OCTOBER 1, 1993 -
SEPTEMBER 30, 1995). (See label
26)
55.
AUTHORIZE COLLECTIVE BARGAINING
R 93-606
295
AGREEMENT WITH THE MIAMI GENERAL
9/27/93
EMPLOYEES AMERICAN FEDERATION OF
STATE, COUNTY, AND MUNICIPAL
EMPLOYEES, LOCAL 1907, AFL-CIO
(OCTOBER 1, 1993 - SEPTEMBER 30,
1995). (See label 26)
56.
AUTHORIZE COLLECTIVE BARGAINING
R 93-607
j
296-308
AGREEMENT WITH THE FRATERNAL
9/27/93
ORDER OF POLICE, WALTER E.
HEADLEY, JR., MIAMI LODGE NO. 20
OCTOBER 1, 1993 - SEPTEMBER 30,
1995). (See label 26)
57.
(A) AUTHORIZE MAJOR USE SPECIAL
R 93-608
309-350
PERMIT FOR A NURSING HOME AND A
M 93-609
PARKING GARAGE FOR MERCY HOSPITAL
9/27/93
AT 3663 SOUTH MIAMI AVENUE,
SUBJECT TO CONDITIONS.
(Applicant: Mercy Hospital)
(B) INSTRUCT PLANNING DEPARTMENT
TO CONDUCT A TRAFFIC STUDY OF THE
OUTER PERIMETER AREAS OF BAY
HEIGHTS / NATOMA MANORS AREA
(SOUTH BAYSHORE DRIVE, SOUTH
MIAMI AVENUE, S.W. 17 AVENUE, AND
TIGERTAIL AVENUE WEST OF 17
AVENUE) FOR POTENTIAL RELIEF OF
TRAFFIC CONGESTION IN AND AROUND
SAID AREA.
58.
CONTINUE ( TO OCTOBER 14TH
M 93-610
MEETING) PROPOSED RESOLUTIONS TO:
9/27/93
(a) REQUEST APPROVAL OF A ZONING
STUDY FOR THE BLOCK BOUNDED BY
CORAL WAY, S.W. 25 AVENUE, S.W.
22 TERRACE AND S.W. 27 AVENUE
(2500-2698 S.W. 22 STREET), WHICH
MAY LEAD TO REZONING OF A PORTION
OF SAID BLOCK; (b) REQUEST
AMENDMENT OF ZONING COVENANT
RUNNING WITH THE LAND AT S.E.
CORNER OF S.W. 27 AVENUE AND
CORAL WAY, WHICH RELATES TO PRIOR
ZONING APPLICATION REQUESTED BY
APPLICANT; AND (c) REQUEST THAT
ACCESS BE PROHIBITED TO THE S.E.
CORNER OF S.W. 27 AVENUE AND
CORAL WAY. (Applicant: Alena
Coral Way Properties, Inc.)
59.
DISCUSS AND CONTINUE
DISCUSSION
CONSIDERATION OF PROPOSED SECOND
9/27/93
READING ORDINANCE TO AMEND 11000
TEXT TO ADD / CLARIFY PARKING
REQUIREMENTS FOR NEW CONSTRUCTION
ON PROPERTIES OF ONE-HALF ACRE OR
LESS IN SD-2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT, ETC.
(Applicant: Planning, Building &
Zoning Dept.). (See label 66)
60.
ACCEPT BID: LEADEX
R 93-611
CORPORATION -- FOR CONSTRUCTION
9/27/93
OF ORANGE BOWL GROUND SOFTBALL
FIELD (B-6214) -- EXECUTE
CONTRACT.
61.
AUTHORIZE ONE -DAY PERMIT TO
R 93-612
DISPENSE ALCOHOLIC BEVERAGES IN
9/27/93
CONNECTION WITH OPENING NIGHT
PARTY FOR THE FLORIDA PANTHERS
HOCKEY TEAM'S FIRST GAME.
62.
PERMIT COCONUT GROVE CHAMBER OF
R 93-613
COMMERCE GROVEY HALLOWEEN
9/27/93
EVENT -- AUTHORIZE WAIVER OF ALL
PERMIT FEES.
350-355
356-358
358-360
360-362
362-363
63.
CONDITIONALLY AUTHORIZE SALE OF UP TO
R 93-614 363-364
15,000 CUBIC YARDS OF FILL MATERIAL
9/27/93
FROM VIRGINIA KEY STOCKPILE TO
METROPOLITAN DADE COUNPYZ DEPARTMENT OF
ENVIRONMENTAL RESOURCE MANAGEMENT
(DERM) AT REDUCED RATE -- FOR
ENVIRONMENTAL ENHANCFT4ENP PROJECT.
64.
(Continued discussion) SUPPORT
R 93-615 365-366
COCOANUT GROVE VILLAGE COUNCIL'S
9/27/93
REQUEST THAT THE METRO-DADE
SUPERVISOR OF ELECTIONS PLACE ON
THE NOVEMBER 2, 1993 CITY OF
MIAMI BALLOT (ONLY AT APPROPRIATE
PRECINCTS) THE SLATE OF
CANDIDATES FOR ELECTION TO THE
COCOANUT GROVE VILLAGE COUNCIL.
(See label 2)
65.
AUTHORIZE CITY MANAGER'S
R 93-616 367-368
SUBMITTAL OF APPLICATION TO U.S.
9/27/93
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) -- FOR PURPOSE
OF QUALIFYING THE CITY OF MIAMI
AS A LOAN CORRESPONDENT MORTGAGEE
REGARDING PROCESSING OF HUD / FHA
INSURED LOANS.
66.
(Continued discussion) SECOND
ORDINANCE 368-370
READING ORDINANCE: AMEND 11000
11093
TEXT (ARTICLE 6, SECTION 602) --
9/27/93
TO ADD / CLARIFY OFFSTREET
PARKING REQUIREMENTS FOR NEW
CONSTRUCTION ON PROPERTIES OF
ONE-HALF ACRE OR LESS IN THE SD-2
COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT. (Applicant: Planning,
Building & Zoning Dept.) (See
label 59)
67.
GRANT MAJOR USE SPECIAL PERMIT FOR
R 93-617 370-371
CONSTRUCTION OF THE DOMINION 'POWER
9/27/93
PARKING GARAGE AT 1400 N.W. LOTH
AVENUE. (Applicant: The Brighton
Group, Ltd., a Florida Limited
Partnership.)
68.
RESCHEDULE SECOND CITY COMMISSION
R 93-618 372-373
MEETING IN OCTOBER TO TAKE PLACE ON
9/27/93
OCTOBER 21, 1993.
69.
AFFIRM ZONING BOARD'S APPROVAL OF
R 93-619 373-377
REQUEST FOR SPECIAL EXCEPTION TO
9/27/93
ALLOW A DRIVE -THROUGH FACILITY
FOR A FINANCIAL INSTITUTION AT
5800 N.W. 7 AVENUE. (Applicant:
Great Western Bank.)
70.
CITY ATTORNEY INFORMS CITY
DISCUSSION 377-380
COMMISSION OF OFFICIAL CHALLENGE
9/27/93
RECEIVED TO THE CANDIDACY OF RUBY
FERIA, REGISTERED IN GROUP I, FOR
MAYOR -- NO ACTION TAKEN.
71.
RELEASE LATIN STARS, INC. OF ALL
R 93-620 380-383
OBLIGATIONS CONTAINED IN COVENANT
9/27/93
TO RUN WITH THE LAND DATED MAY 1,
1989 -- DIRECT DIRECTOR OF PUBLIC
f
WORKS TO EXECUTE A RELEASE OF
COVENANT.
72.
CONTINUE ALL AGENDA ITEMS, NOT
M 93-621 383
TAKEN UP DURING TODAY' S MEETING,
9/27/93
TO THE MEETING PRESENTLY
SCHEDULED FOR OCTOBER 21, 1993.
73.
BRIEF COMMENTS CONCERNING PZ-3
DISCUSSION 384-385
( PROPOSED RESOLUTION TO APPEAL
9/27/93
VARIANCE DENIED BY ZONING BOARD
TO ALLOW A PROPOSED ADDITION TO A
SINGLE FAMILY RESIDENCE AT 2601
S.W. 23 AVENUE). (Applicant:
1.
Jorge Carmenate.)
MINUTES OF INFORMAL MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of September, 1993, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 Pan American
Drive, Miami, Florida in an informal session, awaiting a quorum to begin
consideration of regular agenda items.
The informal meeting was cal).--d to order at 9:15 a.m. by Vice Mayor
Victor De Yurre with the following members of the Commission found to be
present:
ALSO PRESENT:
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
A.Quinn Jones, III, City Attorney
Wally Lee, Assistant City Manager
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
Mayor Xavier L. Suarez
Commissioner Miriam Alonso
Commissioner J.L. Plummer, Jr.
Cesar Odio, City Manager
An invocation was delivered by Vice Mayor De Yurre, after which,
Commissioner Dawkins then led those present in a pledge of allegiance to the
flag.
NOTE FOR THE RECORD: By memorandum from City Manager,
Cesar Odio, items 11, 28, 37 and 39 were withdrawn.
------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS.
------------------------------------------------------------------------------
(A) Commendation: Most Outstanding Police Officers for the Month of
August 1993: Angel Calzadilla and Emilio Canciobello.
(B) Proclamation: Fire Fighter Appreciation Week -- for their efforts
on behalf of the Muscular Dystrophy Association.
1 September 27, 1993
------------------------------------------------------------------------------
2. DISCUSSION CONCERNING COCOANUT GROVE VILLAGE COUNCIL'S REQUEST TO HOLD
ITS ELECTION IN CONJUNCTION WITH THE NOVEMBER 2 AND 9, 1993 MIAMI
ELECTIONS. (See label 64)
Vice Mayor De Yurre: OK. I guess things that don't need our vote, David
Leahy is here to make a statement, if you want to go on the record and - so
you can go on to your business. It has to do with the Cocoanut Grove Village
Council.
Mr. David Leahy: Good morning, Commissioners. I'm David Leahy, Supervisor of
Elections for Dade County. The Coconut Grove Village Council would like
permission to have its election on the dates of your election, November 2nd
and November 9th. They are planning to use the precincts as we have
designated for your election. We have no objection for them appearing on your
ballot, but it's up to the City to determine whether or not to allow them to
do that. We have done a mock-up of how the ballot will look. The ballot will
begin with the title page for the City of Miami Election, list the City of
Miami Commission candidates on the next page, have the question, City question
on the following page, and then a title page for the Cocoanut Grove Village
Council Election, and then the following page will be the Cocoanut Village
candidates. So there actually would be two separate elections on the same
ballot that the voters in Coconut Grove will be voting on. We will tabulate
their election along with yours on election night. Their results will be
handled separately and given to them separately. Your results will be... can
be viewed over Dade County Cable television and also will be in printout form
as well. So again, the Dade County Election Department has not objection with
what they're asking for. One additional information. They are not going to
be on your absentee ballot. They will only be on the ballot in your
precincts.
Commissioner Dawkins: Well, Mr. Leahy, this will cost no additional cost to
the taxpayers?
Mr. Leahy: None whatsoever. Any additional cost will be paid for by the
Cocoanut Grove Village Council.
Commissioner Dawkins: But if we did not do it along with this election, it
would be a greater cost to do it. Would that be a fair statement?
Mr. Leahy: It would be a greater cost to Cocoanut Grove Village Council, yes.
Commissioner Dawkins: OK.
Mr. Leahy: It would be no increased cost for the City of Miami, whichever way
YOU go.
Commissioner Dawkins: But it would be a greater cost...
Mr. Leahy: For the Village.
2 September 27, 1993
Commissioner Dawkins: ... if we did not do it this way.
Mr. Leahy: Correct.
Commissioner Dawkins: Thank you, sir.
------------------------------------------------------------------------------
3. COMMISSIONER DAWKINS DIRECTS ADMINISTRATION 'I'D CONTACT GOVERNOR CHILES
AND OTHER APPROPRIATE GOVERNMENP OFFICIALS TO CONY= AN INTENSE SEARCH
FOR PERPETRATORS RESPONSIBLE FOR SERIOUSLY ABUSED GIRL IN ABANDONED
BUILDING ON CORNER OF N.W. 12 STREET AND 4 AVENUE.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Thank you. Is there anything else that we can do right
now?
Commissioner Dawkins: Yes, Mr. Vice Mayor. I would like a point of special
Privilege. Yesterday, on 12th Street and about 4th Avenue or 5th Avenue, in
an abandoned building, where everyone has been attesting to get it either
demolished or secured, when I got over there, the Fire Rescue was leaving, and
the police were trying to determine what happened. The Fire Rescue carried
away a black female who had been sexually assaulted in a building which we
have been begged, coerced, challenged - even the principal of the school next
door to this building has been here begging the City of Miami to demolish the
building. Now, just as this adult was brutally, sexually assaulted - in fact,
the police asked me not to go in there because there was so much blood around
the place - I would like to go on record this morning to say to the City
Manager that I've been saying I'm more concerned or just as concerned about
the safety of my wife, your mother, your sister, your female cousin or your
female friend as I am a tourist in this City. I would like, whenever there is
a quorum, Mr. Vice Mayor, to suggest that the Chief of Police and the City
Manager gather together everybody they can get together, including the
Governor with his bulletproof vest on, to come down here, and in 48 hours, the
same as they found the people who murdered the tourists, that in 48 hours,
they find this individual before this individual hurts somebody else. Now,
when we found the people who shot the tourists, our Police Department went
into an area and they were well accepted, because they went in as
professionals. They didn't go in kicking down doors, demanding nothing, and
the citizens talked with them, gave them leads, and we were able to come up
with the suspects. I am going to suggest to the Manager that he gets anybody
down here he needs, go through that community. I do feel that there are
individuals in that community who can tell us who did it, and help us solve
it, and I'd like to do that whenever we have a quorum. Thank you.
3 September 27, 1993
------------------------------------------------------------------------------
4. BRIEFLY DISCUSS AND WITHDRAW PROPOSED RESOLUTION TO ACCEPT COTO
SUBDIVISION PLAT.
Vice Mayor De Yurre: Anything else that...
Mr. Wally Lee (Assistant City Manager): Mr. Vice Mayor, I'd like to withdraw
item CA-10.
Commissioner Dawkins: CA-10?
Mr. Lee: Yes, sir.
Commissioner Dawkins: Why?
Mr. Jim Kay: Commissioner, we discovered that not all the documents were in
order. Everything was handed into us, but the underlying plat here has about
six lots in it or eight lots - excuse me - about eight lots in it, and the
underlying plat has a restriction in that none of the lots were to be
subdivided. And we thought it was appropriate, and the City Attorney agreed,
that the owner should obtain affidavits from all of the owners within that
subdivision, the present subdivision, in order to allow this to happen, and he
has not been able to obtain all the owners' approval.
------------------------------------------------------------------------------
5. REFER TO CITY MANAGER REQUEST BY ARTIFICIAL INTELLIGENCE, INC. TO HOLD
AN ALL NIGHT DANCE PARTY ON GROUNDS OF VIRGINIA KEY BEACH.
Vice Mayor De Yurre: OK. So much for that. We got anything else? Let me
ask something. I have here, which is a pocket item. Is Hector Maldonado and
Mario Mi.rabl.e?
Commissioner Dawkins: You still got to have three votes.
Vice Mayor De Yurre: No. It is something that may not need a...
Commissioner Dawkins: OK, go ahead, Mr. Vice Mayor.
Vice Mayor De Yurre: Here, they're requesting on November 20, 1993, to host
an all night dance party, to be held on the grounds of Virginia Key Beach from
10:00 p.m. to 7:00 a.m., on the 21st. Can this be handled administratively,
as far as getting permits and things like that, or do we need to deal with
this because of the hours?
Commissioner Dawkins: Why don't we recommend without voting that we pass this
to the City Manager, asking the City Manager to take care of it, and if the
City Manager runs into any difficulty, he bring it back to the Commission for
a vote.
4 September 27, 1993
Mr. Lee: I'll take care of it.
Vice Mayor De Yurre: Thank you.
------------------------------------------------------------------------------
6. PRESENTATION: CERTIFICATE OF APPRECIATION: RUFUS HAYNES --
FOR HAVING INTERRUPTED ROBBERY OF A TOURIST ON BISCAYNE
BOULEVARD.
` -------------------------------------------------------------------------------
Vice Mayor De Yurre: Any jokes? Any stories? No? I guess we'll take a
recess until we get a quorum.
Commissioner Dawkins: That's all we can do. Hold it. Mr. Vice Mayor, this
gentleman is here. Let's present this to him so that we don't - Uh, just a
minute. Could we go back and recess - I mean back into session so we can give
this certificate of appreciation, please?
Vice Mayor De Yurre: Yeah. We have Rufus Haynes with us.
Commissioner Dawkins: Mr. Haynes? Here he is. Here he is.
Vice Mayor De Yurre: Seems like Mr. Haynes broke up a tourist robbery on
Biscayne Boulevard, and Lord knows, we need all the help we can get. So maybe
you can tell us a little bit about how it happened.
Mr. Rufus Haynes: Good morning. My name is Rufus Haynes. I'm a private
investigator for Confidential Detective Agency. On February 13th,
approximately 11:30 a.m., I witnessed a robbery in progress at a gas station
on 54th Street and Biscayne Boulevard. My first notion was to not get
involved. The lady screamed out, and it sent chills all over my body, and the
next thing I know, I was over there and a gun fight ensued. I was shot in the
lower left abdomen. I recuperated in the hospital for approximately nine
days. I'd like to thank the City of Miami for the certificate they're about
to present me, and also, I'd like to inform the City of Miami and the
residents of the City that I will continue to help fight crime. However, I'll
do it in a different fashion. Rather than a gun, use a cellular phone. It's
a lot less expensive, and God knows, a lot less painful. Thank you very much.
I'd like to say something also to the City of Miami Fire Department. You
guys, you're one hell of a set of guys, man. I'd like to appreciate what the
City of Miami did for me in their efforts in preserving my life. As a matter
of fact, I presented plaques to the - I think it was Fire Station 12, to those
fellows over there. I'd like to say thanks again.
[THEREUPON, THE INFORMAL MEETING WAS RECESSED AT 9:31 A.M.]
5
September 27, 1993
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of September, 1993, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 Pan American
Drive, Miami, Florida in regular session.
The meeting was called to order at 9:36 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
ALSO PRESENT:
A. Quinn Jones, III, City Attorney
Wally Lee, Assistant City Manager
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
ABSENT:
Commissioner Miriam Alonso
Commissioner J.L. Plummer, Jr.
Cesar Odio, City Manager
------------------------------------------------------------------------------
7. CONSENT AGENDA.
Mayor Suarez: I think we've just about got a quorum. I'm sorry, I thought
we'd have plenty enough folks today. Maybe it's campaign fever. But in any
event, I did have one matter. I'm sorry. All right. I'm informed we've done
all the ceremonial things, so we're ready for the regular agenda. Madam City
Clerk, do we need to vote on any...
Ms. Matty Hirai (City Clerk): Mr. Mayor, not today.
Mayor Suarez: Done. CA-1 through CA-9 consists of the consent agenda. If
anyone wishes to be heard individually on any of those items, please step
forward. If not, we will take them up collectively. Mr. Gonzalez-Goenaga,
sir, which item?
Mr. Gonzalez-Goenaga: CA-1 and CA-2.
Mayor Suarez: And CA what?
6 September 27, 1993
Mr. Gonzalez-Goenaga: CA-2.
Mayor Suarez: One and 2. All right, Commissioners, any items? If not,
entertain a motion on...
Vice Mayor De Yurre: Move.
Commissioner Dawkins: Second.
Mayor Suarez: ... CA-3 through CA-8. Thank you. Any discussion? If not,
please call the roll.
i
ON MOTION DULY MADE BY VICE MAYOR DE YURRE AND SECONDED BY
COMMISSIONER DAWKINS, THE: CONSENT AGENDA WITH ABOVE
EXCEPTIONS, WAS APPROVED BY THE FOLLOWING VOTE:
AYES: Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
Commissioner J.L. Plummer, Jr.
7.1 AUTHORIZE BUY BACK OF ONE 1990 FORD RESCUE VEHICLE (RESCUE 7 [7290])
FROM FORD MOTOR COMPANY ( FOR FIRE DEPAR'I!ME NI') .
RESOLUTION NO. 93-566
A RESOLUTION AUTHORIZING THE BUY BACK OF ONE (1)
1990 FORD RESCUE VEHICLE KNOWN AS "RESCUE 7" (7920)
FROM THE FORD MOTOR COMPANY AT A ONE-TIME COST OF
$32, 000.00 FOR THE DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES; ALLOCATING FUNDS THEREFOR FROM
THE DADE COUNTY EMS GRANT AWARD FY 193 ACCOUNT,
PROJECT NO. 104008, INDEX CODE 280517-840;
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.)
7.2 EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH MARKETING TECHNICS
ENI'ERPRISES -- FOR PROVIDING SOLICITATION AND SALES OF SPONSORSHIP AND
ADVERTISING SPACE FOR THE MARQUEE SIGN AT BAYFRONT PARK.
RESOLUTION NO. 93-567
A RESOLUTION, WITH ATTAC D ENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
MARKETING TECHNICS ENTERPRISES FOR THE PURPOSE OF
PROVIDING SOLICITATION MID SALES OF SPONSORSHIP AND
ADVERTISING SPACE FOR THE MARQUEE SIGN AT BAYFRONT
PARK; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $45,000, FROM COMMISSION BASED ON GROSS SALES
REVENUE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7.3 EXECUTE AGREEMENT WITH NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT,
INC. -- TO CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON,
DC BY MR. MARK ISRAEL.
RESOLUTION NO. 93-568
A RESOLUTION WITH ATTAO-i�Ew(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE NATIONAL
CENTER FOR MUNICIPAL DEVELOPMENT, INC., TO CONTINUE
REPRESENTATION OF HE CITY OF MIAMI IN WASHINGTON,
D.C. BY MR. MARK ISRAEL; ALLOCATING FUNDS THEREFOR
IN AN AMOUNT NOT TO EXCEED $28,800 FOR SUCH
SERVICES, AND AN AMOUNT NOT TO EXCEED $2,000 FOR
REIMBURSABLE EXPENSES FROM THE LEGISLATIVE LIAISON
GENERAL FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7.4 EXPr= AN ANTENNA LEASE AGREEMENT WITH GROVECOMPCO, INC. -- FOR LEASE
OF ROOF AND INTERIOR SPACE AT 2850 TIGERTAIL AVENUE.
September 27, 1993
RESOIIJTION NO. 93-569
A RESOLUTION, WITH ATTAO-RVO T(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN ANIMA LEASE AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH
GROVECOMPCO, INC. FOR THE LEASE OF ROOF AND INTERIOR
SPACE AT THE BUILDING LOCATED AT 2850 TIGERTAIL
AVENUE, MIAMI, FLORIDA, AT A MONTHLY RENT OF $200
PLUS APPLICABLE STATE AND LOCAL TAXES, FOR THE
PERIOD OF MARCH 1, 1992 Ti FEBRUARY 28, 1995,
SAID LEASE AGREEMENT TO BE RENEWABLE UPON THE SAME
TERMS AND CONDITIONS, PROVIDING THE CITY REQUESTS
RENEWAL SIXTY (60) DAYS PRIOR TO EXPIRATION OF SAID
LEASE AGREE =; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT NO. 420601-620.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
i
+� 7.5 ACCEPT FINDINGS OF' SELECTION COMMITTEE CONCERNING USE OF VACANT RETAIL
{ SPACE IN OVERTOWN SHOPPING CENTER -- NEGOTIATE / EXECUTE REVOCABLE
ff PERMIT WITH OVERTOWN PARKWEST CLEANERS, INC. FOR USE OF SPACE 104 IN
OVERTOWN SHOPPING CENTER.
RESOLUTION NO. 93-570
i
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
THE FINDINGS OF THE SELECTION COMMITTEE CONCERNING
THE USE OF VACANT RETAIL SPACE IN THE OVERT M
SHOPPING CENTER; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXEC" = A REVOCABLE PERMIT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
OVERTOWN PARKWEST CLEANERS, INC., FOR THE USE OF
SPACE 104 IN THE OVERTOWN SHOPPING CENTER, LOCATED
AT 1490 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, WITH
NEGOTIATED TERMS AND CONDITIONS AS MORE PARTICULARLY
SET FORTH IN THE REVOCABLE PERMIT AND DESCRIBED
HEREIN.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7.6 ACCEPT PLAT: MIAMI NORTHWESTERN SENIOR HIGH SCHOOL.
9 September 27, 1993
RESOL.IT.CION NO. 93-571
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED MIAMI NORTHWESTERN SENIOR HIGH SCHOOL, A
SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF
THE CONDITIONS OF THE PLAT ADD STREET COMMITTEE, AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
AUTHORIZING AND DIRECTING THE CITY MANAGER A10 CITY
CLERK TO ACUTE THE PLAT; AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7.7 HOLMES ELENIMARY SCHOOL.
RESOLUTION NO. 93-572
A RESOLUTION, WITH ATTACHM WI'S, ACCEPTING THE PLAT
ENTITLED HOLMES ELEYO 'ARY SCHOOL, A SUBDIVISION IN
THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS
OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECLYrE
THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID
PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
------------------------------------------------------------------------------
8. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO RECOGNIZE TAX
EXEMPT STATUS CLAIMED BY THE URBAN LEAGUE OF GREATER MIAMI -- DIRECT
ADMINISTRATION TO RESEARCH PAST SIMILAR INSTANCES %T ERE SIMILAR REQUESTS
HAVE BEEN GRANTED BY THE CITY. (See label 19)
Mayor Suarez: All right, Mr. Gonzalez-Goenaga, sir, CA-1.
Mr. Gonzalez-Goenaga: Good morning, delayed Commissioners. I don't have any
quarrel with CA-1. The issue is that for the benefit of all the candidates
for Mayor - and I understand that Mr. W. T. [Sic] Fair is the Chairman of the
Urban League. Right or wrong?
Mayor Suarez: Let's assume he is, Mr. Gonzalez-Goenaga. Go ahead.
Mr. Gonzalez-Goenaga: Well, then, I think that for the benefit of all the
citizens, there should be a full disclosure of the amounts of money that Mr.
W. T. [Sic] Fair has received, or his organization, from the City of Miami. I
am not claiming any misdeeds or anything. The thing is, the issue of full
10 September 27, 1993
disclosure, so all the candidates will be in the same footing. Is it possible
for the record to get the amount of funds that the Urban League has received?
Because he is a candidate, this is a material question, and especially for
Danny Couch, who is from the black community and w.1.1l be campaigning also.
Mayor Suarez: Presumably, if it's important to one, it's important to all of
them, Mr. Gonzalez-Goenaga. What is your question, sir, on CA-1?
Mr. Gonzalez-Goenaga: My question is - apparently, you were too busy with
your... well, the question is, that for the purpose of full disclosure, and to
have all the candidates in equal footing, and to avoid ny appearance of a
conflict of interest, could you disclose the amount of money that W. T. [Sic]
Fair and his organization has received for the last year from the City of
Miami?
Mayor Suarez: All right. Let's find that out. Do we have that, Wally?
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: I'd like to make a motion that we defer this until a
regular meeting, and I instruct the Administration to bring back -the number of
times that this City Commission has done this for religious and other
fraternal organizations. This is not a first-time affair, and will probably
not be -the last time affair, but in order to keep it from looking as if we are
playing favoritism, I move that it be deferred.
Mayor Suarez: So moved to defer, and with all that information to be provided
before it comes up.
Commissioner Dawkins: And all that to be provided the next time.
Mayor Suarez: All right, sir. CA-1, moved to defer.
Mr. Gonzalez-Goenaga: Then on CA-2...
Mayor Suarez: Wait, wait, sir.
Mr. Gonzalez-Goenaga: Mm-hmm.
Mayor Suarez: Moved and seconded. Commissioner De Yurre seconds, Vice Mayor
De Yurre seconds. Any discussion? If not, please call the roll.
11 September 27, 1993
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 93-573
A MOTION TO DEFER CONSIDERATION OF PROPOSED
RESOLUTION TO RECOGNIZE TAX EXEMPT STATUS
CLAIMED BY THE URBAN LEAGUE OF GREATER MIAMI
IN SUPPORT OF ITS REQUEST FOR RETURN OF TAX
MONIES; FURTHER DEFERRING THIS ISSUE TO A
REGULAR MEETING AND REQUESTING THE
ADMINISTRATION TO RESEARCH ANY PAST SIMILAR
INSTANCES WHERE THE CITY HAS ACCEDED TO
SIMILAR REQUESTS FROM RELIGIOUS AND FRATERNAL
ORGANIZATIONS.
Upon being seconded by Vice Mayor De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
------------------------------------------------------------------------------
9. CLAIM JUDGMENT: PAY RAFAELA CORONA AND ATTORNEY (LAW
OFFICES OF MANUEL VASQUEZ) ($15,000).
Mayor Suarez: All right. Item CA-2. Question on that?
Mr. Gonzalez-Goenaga: On CA-2, we are again with accidents caused by the
police. Sometimes these accidents are caused by physical attacks, by brutal
attacks on the citizens of Miami; other times, through different ways; with
guns, sometimes. But now, they also use the cars to attack the citizens, and
the Police Department is here today, another one tomorrow, plenty of law
judgments against the City of Miami regarding the Police Department, and they
swallow 50 percent of the budget. When are we going to stop - what I call -
this obscene behavior? And we need some kind of order, because today, this is
not the first one. These are constant. And a few more are coming very soon.
I am aware that you're going to get sued very - again. So what can this
Administration could do to subject the Police Department to proper actions?
12 September 27, 1993
Mayor Suarez: All right. Anything further? If not, I'll entertain a motion
on CA-2.
Commissioner Dawkins: Move.
Mayor Suarez: Moved, seconded. Any discussion? If not, please call the
roll.
NOTE FOR THE RECORD: Commissioner Alonso entered the
meeting at 9:38 a.m.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-574
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY RAFAELA CORONA AND HER ATTORNEY, THE LAW OFFICES
OF MANUEL VASQUEZ, THE SUM OF $15,000.00, IN FULL AND
COMPLETE SATISFACTION OF ANY AND ALL CLAIMS, DEMANDS,
AND JUDGMENTS AGAINST THE CITY OF MIAMI, PURSUANT TO
THE FINAL JUDGMENT FOR PLAINTIFF, AS ORDERED BY JUDGE
JON I. GORDON OF THE ELEVENTH JUDICIAL CIRCUIT COURT
ON AUGUST 24, 1993, CASE NO. 92-19532 CA 05, WITH SAID
FUNDS TO BE PROVIDED FROM THE INSURANCE AND SELF
INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yur
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
September 27, 1993
--------------------------------------------------------•----------------------
10. BRIEFLY DISCUSS AND WITHDRAW CONSIDERATION OF PROPOSED
EMERGENCY ORDINANCE TO AMEND CODE CHAPTER 54 (STREETS AND
SIDEWALKS) -- TO ESTABLISH FEE SCHEDULE FOR USE OF PUBLIC
RIGHTS -OF -WAY BY PRIVATE COMMUNICATIONS SYSTEMS AND
PRORATION OF FEES FOR PERMITS OBTAINED PRIOR TO OR AFTER
OCTOBER 1ST.
-------------------------------------------------------------------------------
Mayor Suarez: Regular item 2, emergency ordinance.
Mr. Wally Lee: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Lee: As you instructed us at the last meeting, we have been discussing
this with the other party, and I believe we're pretty close, and I recommend
that this item be continued at the next Commission meeting.
Mayor Suarez: OK. With the assumption that we can work out whatever small
discrepancies there may be, and not have it in a controversial way.
Mr. Lee: Yes.
Mayor Suarez: Yes, Mr. Kay.
Mr. Jim Kay: And furthermore, with the understanding that the item be - the
fee that's established be retroactive to October 1.
Ms. Lucia Dougherty: Mr. Mayor and members of the Commission, Lucia
Dougherty, representing MCI, Sprint, and AT&T, and with me is George Hannah
(phonetic), who is my co -counsel with AT&T. We agree, and put on the record,
and stipulate that in the event that we do not come to an agreement and they
pass an ordinance, we agree that we will not object to the retroactivity of
the ordinance.
Mayor Suarez: OK. It's obviously very difficult to agree on all terms - I
mean on one term - when all of the other ones are not fully agreed upon, but
hopefully, it will be. All right. So it is withdrawn, then. We don't need
to vote on it. The Administration has withdrawn it. Commissioners, if no one
has any problem, we'll simply deem it withdrawn and go to item number 3.
14 September 27, 1993
--------------------------------------- -.----------------------------.----------
11. SECOND READING ORDINANCE: AMEND CODE SECTIONS 12-3 AND 31-35 -- TO
CONFORM WITH FLORIDA STATUTES 849.15 - 849.23, AND TO REQUIRE A SWORN
AFFIDAVIT FROM OWNERS OF AMUSEMENT VENDING MACHINES TO THE EFFECT THAT
SUCH MACHINES ARE NOT UNLAWFUL.
Mayor Suarez: Second reading.
Commissioner Alonso: Move it.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: I move it.
Mayor Suarez: Moved.
Commissioner Dawkins: Mr. De Yurre seconded it.
Mayor Suarez: Thank you, Vice Mayor. Read the ordinance, please. Call the
roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTIONS 12-3 AMID 31-35 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
CONFORM WITH FLORIDA STATUTES 849.15 - 849.23, AND TO
REQUIRE A SWORN AFFIDAVIT FROM OWNERS OF AMUSEMENT
VENDING MACHINES TO THE EFFECT THAT SUCH MACHINES ARE
NOT UNLAWFUL IN ACCORDANCE WITH SAID STATUTES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
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 Vice Mayor De Yurre, 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
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 11086.
15 September 27, 1993
Vnri:::!a+•
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.
Mayor Suarez: Finished with the roll call?
Ms. Matty Hirai (City Clerk): Yes, sir.
Mayor Suarez: OK. Item 4, second reading ordinance amending section...
Ms. Hirai: I am sorry. I am sorry. You did answer, didn't you? You did
vote?
Mayor Suarez: Yes.
Ms. Hirai: Yes.
Mayor Suarez: I never heard my name called, but that's OK.
Commissioner Alonso: You voted "yes."
Mayor Suarez: Yes. Thank you. Second reading. I kind of go like this, and
you deem that to be a "yes." That's close enough.
Commissioner Alonso: Exactly. Good enough.
Mayor Suarez: Moved my hand or my head or anything.
------------------------------------------------------------------------------
12. SECOND READING ORDINANCE: AMEND CODE SECTION 18-52.1(h) -- TO ADOPT A
PROCUREMENT PROCEDURE IMPLEMENTING THE LOCAL PREFERENCE PROVISION OF
CITY CHARTER SECTION 29-A, THEREBY AUTHORIZING THAT WHEN A LOW BID IS
RECEIVED FROM A NON -LOCAL, VENDOR WHEN CONTRACTING FOR PERSONAL PROPERTY,
PUBLIC WORKS OR IMPROVEMEN'S, THE CITY COMMISSION MAY OFFER, TO A
RESPONSIBLE / RESPONSIVE LOCAL BIDDER, THE OPPORTUNITY OF ACCEPTING A
CONTRACT AT THE LOW BID AMOUNT, PROVIDED THE ORIGINAL BID FROM THE LOCAL
VENDOR DOES NOT EXCEED 110 PERCENT OF THE LOW BID.
------------------------------------------------------------------------------
Mayor Suarez: Second reading, amending Section 1852.1(h), Sub -Section H of
the Code of the City of Miami, et cetera.
Commissioner Alonso: Move it.
Mayor Suarez: Moved. I'll second.
Commissioner Dawkins: Any further questions?
16 September 27, 1993
Vice Mayor De Yurre: Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 18-52.1(h) OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TO ADOPT A PROCUREMENT PROCEDURE
IMPID=ING THE LOCAL PREFERENCE PROVISION OF SECTION 29-A OF
THE CF-i=R OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY
AUTHORIZING THAT *MN A LOW BID IS RECEIVED FROM A NON -LOCAL
VENDOR WHEN CONTRACTING FOR PERSONAL PROPERTY, PUBLIC WORKS OR
IMPROVEMENT!S, THE CITY COMMISSION MAY OFFER TO A RESPONSIBLE AND
RESPONSIVE LOCAL BIDDER THE OPPORTUNITY OF ACCEPTING A CONTRACT
AT THE LOW BID AMOUNT, PROVIDED THAT THE ORIGINAL BID FROM THE
LOCAL VENDOR DOES NOT EXCEED 110 PERCENT OF THE LOW BID;
CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
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 Mayor- Suarez, 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
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11087.
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.
------------------------------------------------------------------------------
13. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: MIAMI
HISPANIC MEDIA CONFERENCE -- APPROPRIATE FUNDS FOR THE PLANNING /
ORGANIZING / DIRECTING / FUND-RAISING FOR CURRENT AND FUTURE RELATED
CONFERENCES.
------------------------------------------------------------------------------
Mayor Suarez: Item 5, second reading, special revenue fund. This is not with
City funds. This is just the setting up of the funds for voluntary
contributions to come into it and sponsorships?
Commissioner Alonso: Yes.
17 September 27, 1993
A. Quinn Jones, III, Esq. (City Attorney): That's correct.
Mr. Wally Lee: Yes.
Mayor Suarez: All right. You would think that we would have a simpler way of
doing that.
Commissioner Alonso: Move.
Mayor Suarez: Moved. Do we have a second?
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED "MIAMI HISPANIC MEDIA CONFERENCE"
("CONFERENCE") AND APPROPRIATING FUNDS RECEIVED AS
SPONSORSHIPS AND FINANCIAL SUPPORT FOR THE PLANNING,
ORGANIZING, DIRECTING, AND FUND-RAISING FOR SAID
CONFERENCE AND FLTIURE RELATED CONFERENCES; CONTAINING
A REPEALER AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 7,
1993, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Alonso, seconded by Commissioner Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
DOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11088.
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.
18 September 27, 1993
--------------------------------------------------------------------------------
14. ENTER INTO AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT, INC. TO PROVIDE
$187,500.01 FOR ADMINISTRATIVE OPERATIONS FOR MCDI (FOR PERIOD OF
OCTOBER 1, 1993 - JUNE 30, 1994), AND TO PROVIDE $500,000 FOR THE
REVOLVING LOAN FUND PROGRAM ADMINISTERED BY MCDI -- ALLOCATE FUNDS FROM
19TH YEAR CDBG PROGRAM.
Mayor Suarez: Item 6. A resolution authorizing the City Manager to enter
into an agreement with Miami Capital Development.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Vice Mayor De Yurre: Second.
Mayor Suarez: Administrative... seconded by the Vice Mayor. Any discussion
on item 6? I see some of the board members. I'm happy to see these. Are you
the Chairman now, Cesar?
Unidentified Speaker: Treasurer.
Mayor Suarez: Treasurer. Who's your Chairman now?
Unidentified Speaker: Gary Harris.
Mayor Suarez: Gary Harris. All right.
Commissioner Alonso: Mr. Mayor, I'm going to vote for this item.
Mayor Suarez: Commissioner.
Commissioner Alonso: But in the next few weeks when we meet again, I'd like
to discuss certain items that I have serious concerns, and I would like them
to address to this Commission a response. I've been asking for information.
I have not received all of it. The response of the items that I have
requested. They've been corning very slowly, even though I felt that- I had
requested an extensive amount of information - but I felt that it was
something that was readily available, and they could provide it to me almost
immediately. It hasn't happened, and even though I have concerns, I'm going
to trust that I will receive all the information requested, and that they will
address this Commission and respond to some of the concerns that I'm sure are
going to be reflective of the entire Commission. It's not going to be one
person's concern, when they see the items that I'm referring to.
Mayor Suarez: Very well. And make sure that all of that information is
provided in due order, because we have a great interest in overseeing the
operations and making sure that the agency continues to be effective. On item
19 September 27, 1993
6, we have a motion and a second. Any discussion? If not, please call the
roll.
t
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-575
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH MIAMI CAPITAL DEVELOPMENT, INC. TO
PROVIDE $187,500.01 FOR THE ADMINISTRATIVE OPERATIONS
OF MCDI FOR THE PERIOD OF OCTOBER 1, 1993 THROUGH JUNE
30, 1994, AND TO PROVIDE $500,000 FOR THE REVOLVING
LOAN FUND PROGRAM ADMINIS`1TRED BY MCDI; ALLOCATING
FUNDS THEREFOR FROM THE NINETEENTH (19TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR SAID
PURPOSES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
------------------------------------------------------------------------------
15. APPROVE REVISED PROGRAM GUIDELINES FOR THE CITY'S SINGLE FAMILY
RESIDENTIAL REHABILITATION LOAN PROGRAM.
Mayor Suarez: Item 7. Approving the revised program guidelines for the City
Single Family Residential Rehabilitation Loan Program.
Commissioner Alonso: I think this is great, but probably they want to address
this Commission and let us know a little bit.
Mayor Suarez: Jeff.
Mr. Jeff Hepburn: Pardon me?
Mayor Suarez: I think we'd like to know a bit more about it. How many units,
how much funding, where is it coming from, how do you apply? All of those
good things.
20 September 27, 1993
Mr. Hepburn: Yeah. Basically, on this program, we're talking about a million
dollars in CD (Community Development) Block Grant funds being available to
owners of single-family homes, owner/investors, up to four units. We've
experienced some problems...
Mayor Suarez: Owner/investors.
Mr. Hepburn: 'That's correct.
Mayor Suarez: So you can't participate in this if you are not the dweller of
the unit.
Mr. Hepburn: That's correct.
Mayor Suarez: .And, in fact, the owner?
Mr. Hepburn: That's correct. Basically, this is a move to sort of meet with
the market prices. In terms of what our amounts have been, it's pretty much
been stable for the last 12 years, and we think there's a need for a $5, 000
increase.
Mayor Suarez: Is Saint Hugh Oaks going to be a possible beneficiary of this?
Mr. Hepburn: No. This is only for rehabilitation.
Mayor Suarez: OK. For existing units.
Commissioner Dawkins: Rehabilitation in what area?
Mr. Hepburn: Eight target areas: Model City, Allapattah - well, Citywide,
I'm sorry. Citywide.
Commissioner Dawkins: OK. Citywide. OK. How do you determine what the
maximum is for rehab?
Mr. Hepburn: In terms of our process, normally what happens is an estimator
goes out, he determines the level of work that needs to be done, and based on
that, we come up with a particular number, and that maximum being $35,000, if
this is passed today.
Commissioner Dawkins: Thirty-five thousand.
Mr. Hepburn: For a single-family home.
Commissioner Dawkins: For a single family. So therefore, if I'm able to
convince some employees to go in Northeast Miami where there are structurally
sound homes, and they are desirous of acquiring one of these homes and rehab
it, they are entitled to $35,000 to do that?
Mr. Hepburn: That's correct.
Commissioner Dawkins: OK. Now, they will not get into a hassle where if they
had applied in Overtown, where the rehab might have cost $15,000, we're not
21 September 27, 1993
ivii byt:4i;'�
going to get into a hassle about, "Well, we're only giving $15,000 per house."
We're not going to get into that hassle?
Mr. Hepburn: For a single-family home, the maximum would be $35,000.
Commissioner Dawkins: Irregardless of where it is.
Mr. Hepburn: That's correct.
Commissioner Dawkins: Thank you.
Mayor Suarez: OK. Commissioner Alonso.
j Commissioner Alonso: Maybe at this time - are you ready to inform us of the
plan that was approved that perhaps City employees will be able to get enough
funding to pay for the down payments of homes that they could acquire in the
I City of Miami? Are you ready to address this Commission on this, or not yet?
Mr. Hepburn: I think that's something which...
Commissioner Alonso: Mr. Lee, perhaps you can? It's something that just
happened, and maybe since we're talking about employees taking advantage of
existing programs, I think this is exciting, and not having to pay interest in
the loans, as far as I'm concerned.
Mr. Hepburn: Commissioner Alonso, we're still discussing that with the NET
(Neighborhood Enhancement Team) offices, CD Department. So we're still
discussing that particular program.
Commissioner Alonso: Because this is very exciting news.
Mayor Suarez: Yeah. You know, the idea of discussing it is great, but this
is something that's been in the works now for many, many months and years.
Look a all those firefighters out there. They're desperate to buy into the
program. You can tell.
Commissioner Alonso: I think it's great.
Mayor Suarez: They're ready to put down deposits and move right back into the
City.
Commissioner Alonso: And not paying interest on loans. I think it's
exciting. Many people will take advantage of that.
Mayor Suarez: Sure.
Commissioner Dawkins: Mr. Manager, I need for this...
Commissioner Alonso: It will have a tremendous savings. Yes.
Commissioner Dawkins: I need for this to come back and have it spelled out
what we're talking about, because as you said, there are individuals who are
willing to attempt to do the things we say, but it's cost prohibitive. Now,
if an individual has a home and has a mortgage, and if you're able to help
22 September 27, 1993
that individual, I think, go into a home and retain the same mortgage, see,
and if that $35,000 will help, I want it to help. But I don't want somebody
to say to this individual, "No, we gave you $35,000. Therefore, the surtax,
whatever money else is available that would make it cost-effective for you to
move is cut out." So scxnebody needs to explain to me how to help these
individuals do what we want them to do, rather than telling them how not to do
it.
Mr. Hepburn: Commissioner, let me explain something. This particular program
is something we've been doing for the last 12, 13 years. Basically it assists
a family or a homeowner who perhaps cannot go to a bank and get a rehab loan
to fix up that house that needs a roof, or a new kitchen, or plumbing, and
those type of things.
Mayor Suarez: This is the one that's been particularly tried here in Coconut
Grove?
Mr. Hepburn: No. This is - you know, we've done, I guess, over a thousand
units Citywide. But basically, for roofs, plumbing, upgrading kitchen...
Mayor Suarez: All for single-family homeowners/investors.
Mr. Hepburn: Currently living in their property, with a mortgage or without a
mortgage.
Mayor Suarez: Why don't you give all the Commission a list of all the ones
j that we've done in the last five years, let's say.
Commissioner Dawkins: But, Mr. Hepburn, we also
have
funds that have come
down through the new Administration
called home
funds.
We're getting all
kinds of money for housing. And all
I'm asking you
to do
is develop something
new and innovative that will help us
do what we want
to do. Don't go back and
tell me about what we've been doing
for 12 years,
OK?
Twelve years has not
solved the problem, so therefore, it's
not what we want.
Mr. Hepburn: Commissioner Dawkins, all I'm saying is that this is part of
our - it's just one piece of our strategy, in terms of preserving what exists
in the City right now.
Commissioner Dawkins: OK. All I'm saying to you is, bring back the rest of
it that's going with your part of it. That's all. I'm not condemning you for
the part that you've done. I'm just saying, let's expand on it, Mr. Hepburn.
Mr. Hepburn: I will do that.
Commissioner Dawkins: Thank you.
Mayor Suarez: Very good. Do we need a resolution on it, then?
Commissioner Dawkins: Yes.
Mayor Suarez: OK. Has it been moved and seconded, Madam City Clerk?
Ms. Matty Hirai (City Clerk): No, sir, not yet.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-576
A RESOLUTION, WITH ATI'K2 MEW(S), APPROVING THE
REVISED PROGRAM GUIDELINES ATTACHED HERETO AND
INCORPORATED BY REFERENCE FOR THE CITY'S SINGLE FAMILY
RESIDENTIAL REHABILITATION LOAN PROGRAM; FURTHER
AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE
AFORE ENPIONED PROGRAM IN ACCORDANCE WITH SAID
GUIDELINES.
(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: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Commissioner Alonso: Mr. Mayor, I'd like to...
Mayor Suarez: Yes, Commissioner.
Commissioner Alonso: Item 8, I would like to table this item.
Mayor Suarez: Item 8. OK, let's table the ite Do you want it for any
particular amount of time tabled?
Commissioner Alonso: Afternoon, please.
Mayor Suarez: Afternoon? All right. Table it till the afternoon.
24 September 27, 1993
------------------------------------------------------------------------------
16. AUTHORIZE CITY MANAGER TO MAKE OFFERS AND EXEC'[fPE AGREEMENTS WITH
PROPERTY OWNERS FOR ACQUISITION OF SEVEN PARCELS LOCATED WITH THE
OVER(YigN COMMUNITY DE4ELOPMEr" TARGET AREA TO BE USED FOR DEVELOPMENT OF
HOUSING AFFORDABLE TO IOW f MODERATE INCOME FAMILIES IN CONNECTION WITH
THE SCATTERED SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM --
ALLOCATE FUNDS FROM CDBG PROGRAM.
------------------------------------------------------------------------------
Mayor Suarez: Item 9. A resolution authorizing the City Manager to make
offers and execute agreements, property owners for acquisition of seven
parcels located within the Overtown Community Development Target Area, et
cetera.
Commissioner Dawkins: So move.
Mayor Suarez: So moved. Second. Any discussion?
Commissioner Alonso: No, no, I'm talking about the - 8, OK? It's the one I
need to...
Mayor Suarez: Correct. 8 has been tabled then until the afternoon.
Commissioner Alonso: Fine.
Mayor Suarez: And on 9, we have a motion and a second.
Commissioner Alonso: Second.
Mayor Suarez: Any discussion? If not, please call the roll.
25
September 27, 1993
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-577
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO MAKE OFFERS AND EXECUTE AGREEMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
PROPERTY URNERS FOR ACQUISITION OF SEVEN PARCELS
(PARCEL NO. 06-04, 06-05, 06-06, 06-07, 06-08, 06-09,
AND 06-10) LOCATED WITHIN THE OVERTOWN COMMUNITY
DEVELOPMENT TARGET AREA FOR THE TOTAL PURCHASE PRICE
OF $118,800, AND WHICH ARE MORE PARTICULARLY AND
LEGALLY DESCRIBED IN THE ATTACHED EXHIBITS "A" AND "B"
RESPECTIVELY, TO BE USED FOR THE DEVELOPMENT OF
HOUSING AFFORDABLE TO IOW AND MODERATE INCOME FAMILIES
IN CONNECTION WITH THE SCATTERED SITE AFFORDABLE
HOMEOWNERSHIP DEVELOPMENT PROGRAM; ALLOCATING FUNDS
THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM UNDER THE OVERTOrr]N HOMEOWNERSHIP PROGRAM,
PROTECT NO. 705214, FOR ACQUISITION OF THE SUBJECT
PROPERTIES; AND AUTHORIZING THE CITY ATTORNEY TO
PROCEED TO CLOSE ON THE SUBJECT PARCELS AFTER
EXAMINATION OF THE ABSTRACTS AND CONFIRMATION OF
OPINION OF TITLE.
(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
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
26 September 27, 1993
Mayor Suarez: Item 12. Madam City Clerk, if you would have your assistants
there, trusty assistants put up on the board all the stuff that we've done,
please.
Commissioner Dawkins: Item 10, Mr. Mayor.
Mayor Suarez: I think that 10 and 11 were withdrawn.
Commissioner Dawkins: Ten and 11, were withdrawn?
Mayor Suarez: According to the board. Yes, Mr. Schwartz.
Mr. Matthew Schwartz: Commissioners, item 11 was withdrawn. Item 10 is still
on the agenda. That's board appointments for DDA (Downtown Development
Authority).
Mayor Suarez: Appointments for DDA. What is your recommendation?
Commissioner Alonso: They told me that 10 was withdrawn, and I guess the
Mayor had the same impression.
Mayor Suarez: I just saw it on the board as withdrawn, but...
Mr. Wally Lee: CA-10.
Mayor Suarez: It was on the board as withdrawn.
Commissioner Alonso: Yes. That's why we had the definite impression.
Mayor Suarez: Anyhow, a fairly straightforward procedural thing. Who do you
recommend, Mat? Who's been recommended by the Board of DDA? Who is the DDA
Chairman? Is that the missing person here today?
Mr. Schwartz: Right. Unfortunately, Commissioner Plummer is not here.
Mayor Suarez: Why don't we table the item for a little while and see if the
Commissioner - when is the Commissioner expected? Does anyone know? Wally,
have you been advised?
Mr. Wally Lee (Assistant City Manager): No, just that he would be a little
late.
Mayor Suarez: All right. Let's table it for a little while, Mat.
27 September 27, 1993
------.------------------------------------------------------------------------
17. (A)CITY COMMISSION ACCEPTS CITY OF MIAMI'S COMPREHENSIVE
ANNUAL FINANCIAL REPORT (FOR FISCAL YEAR ENDED SEPTEMBER
30, 1992).
(B) COMMISSIONER DAWKINS INSTRUCTS CITY MANAGER THAT, IN THE
FUTURE BEFORE THE ADMINISTRATION IS TO MEET WITH BOND
COUNSEL TO DISCUSS THE CITY'S RATING AND FINANCIAL
STATUS, ALL COMMISSIONERS MUST BE INFORMED AS IN CASE
THEY ARE DESIROUS OF ATTENDING SAID MEETING.
-------------------------------------------------------- ----------------------
Mayor Suarez: OK. Item 13 - 12, I'm sorry. Mr. Gonzalez-Goenaga, go ahead,
sir.
Mr. Gonzalez-Goenaga: Yes.
Mayor Suarez: We're going to let you address this Commission, even though we
could keep you until after 3:00.
Mr. Gonzalez-Goenaga: Comprehensive ...
Mayor Suarez: But maybe we'll wear you out before you wear us out.
Mr. Gonzalez-Goenaga: Comprehensive Annual Financial - may I make a
statement, Mayor? I am glad that you are retiring.
Mayor Suarez: I dare say there's probably a substantial number of people that
agree with you, Mr. Gonzalez-Goenaga, but that is not the item before us, sir.
Commissioner Alonso: Ha -ha-ha. He's just moving on to other things.
Mr. Gonzalez-Goenaga: OK. The item is the Comprehensive Annual Financial
Report of the crime City of Miami, year ended September 30, 1992. You know,
we should run the City as good corporations are run. And if I get an annual
report; from a public corporation one year after the close of the fiscal year,
you can rest assured that I'd raise hell as a shareholder and I'd try to jack
out the administration. This is a very small incident, because the essence of
a City well administered is full financial, fair, and an honest disclosure.
If we receive information one year later, and we come here to this Commission
to have it approved, something that happened a year ago, there must be
something very wrong with the Administration of this City. Thank you very
j much.
Mayor Suarez: All right. Anything further?
Commissioner Alonso: Just for the record, be certain that this is an audit of
whatever happened.
Mr. Carlos Garcia: That's what it is, Commissioner. This financial statement
has been out for more than six months. It's a state - according to the State
law, it has to be adopted by the City Commission in a public meeting like
28 September 27, 1993
this, and the reason it wasn't taken before is that there is also something
called a Management Letter which is attached to this, and the single audit,
which that took a little bit longer to complete. But this item has been done,
and has been mailed throughout the nation for more than six months at this
time.
Mayor Suarez: All right. What is, if you can answer in very, very simple
terms, what is the credit rating of the City, according to the two principal
credit rating agencies?
Mr. Garcia: In one case, it's "A." In the other case, it's "A -plus."
Mayor Suarez: And what is the interest rate that you're obtaining in
municipal bonds, as a result of those ratings?
Mr. Garcia: We recently sold bonds at 4.9 percent.
Mayor Suarez: All right. That probably tells you more about the financial
situation of the City in the equity sense. In the operating sense, we know
about budget hearings. We won't go into that today. That's very tight. Or
we will go into it, but a little later on today. In any event, do we have a
motion on this item, Madam City Clerk?
Ms. Matty Hirai (City Clerk): No, Mr. Mayor.
Mayor Suarez: OK. I'll entertain a motion.
(INAUDIBLE STATEMENTS, AS VICE MAYOR DE YURRE MOVES THE ITEM AS PRESENTED)
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I would like for this Commission to instruct the
Manager that whenever he goes to the bond counselors to discuss the rating and
the status, the financial status of the City of Miami, that he alert the
Commissioners, so that any Commissioner desirous of attending these meetings
with the Manager can go. It's only since we've had this Manager that I have
never been to New York to sit down with the bond counselors and find out what
they said to him, or what he said to them, or what. I only get a report that
comes back that says the Manager is the best Manager in the United States of
America.
29 September 27, 1993
Mayor Suarez: OK. On the item before us, we have a motion and a second. Any
discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-578
A RESOU)TION, WITH ATTACHMENI'(S), ACCEPTING THE CITY
OF MIAMI, FLORIDA, COMPREHENSIVE ANNUAL FINANCIAL
REPORT, AS ATTACHED HERETO, FOR FISCAL YEAR ENDED
SEFIEVSER 30, 1992.
(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
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
j
i NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
NOTE FOR THE RECORD: Commissioner Plummer entered the
meeting at 10:00 a.m.)
------------------------------------------------------------------------------
18. CONFIRM REAPPOINDffW ' / APPOINIIMENTS TO BOARD OF DIRECTORS OF DOWNIOWN
DEVELOPMENT AUTHORITY. (Reappointed were: Philip Blumberg, Mike
Brazlaysky, Marwin Cassel, Adolfo Henriques, S. Lawrence Kahn III,
Rafael Kapustin, Antonio Marina, H. Leland Taylor and Phillip Yaffa.
Appointed were: Sergio Rok, Robert H. Traurig, Gary A. Siplin and Harvey
Ruvin.)
-------------------------------------------------------------------------------
Mayor Suarez: Commissioner, we passed - or rather we tabled item 10 on the
DDA (Downtown Development Authority) appointments. Is that an item you'd like
to take up at this time?
Commissioner Plummer: Mr. Mayor, yes, if you would, go ahead and proceed.
We're trying to make some changes to try to modify the Board, but nothing in
reference to the members, as far as we're concerned. We're trying to reduce
the quorum, and trying to get it so we can get a meeting. But as far as those
that are proposed, if they're agreeable to my colleagues on the Commission,
it's fine.
30 September 27, 1993
Commissioner Alonso: All right. Mat? Is he still around? OK. As soon as
Matthew is back in the chambers, we can - or Wally, if you have the names, if
no one has any objections, we can,..
Commissioner Alonso: Yes, here the names are.
Mayor Suarez: Very good.
Mr. Wally Lee (Assistant City Manager): Do you want me to read them off, Mr.
Mayor?
Mayor Suarez: Or the Commissioner, whichever, just so we get them on the
record.
Mr.. Lee: Reappointing Phillip Blumberg, Mike Brazlaysky, Marwin Cassel,
Adolfo Henriques, S. Lawrence Kahn, III, Rafael Kapustin, Antonio Marina, H.
Leland Taylor and Phillip Yaffa, for terms expiring June 30, 1997; and the
appointments of Sergio Rok, Robert Traurig, and Gary Siplin, for a term
expiring June 30, 1994; and Harvey Ruvin in the place - instead of Evonne
Raglin, for a term expiring June 30, 1996.
Mayor Suarez: I'll entertain a motion on the nominees. Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-579
A RESOLUTION CONFIRMING THE REAPPOINIMEiM OF PHILIP
BLUMBERG, MIKE BRAZLAVSKY, MARWIN CASSEL, ADOLFO
HENRIQUES, S. LAWRENCE KAHN, III, RAFAEL KAPUSTIN,
ANTONIO MARINA, H. LELAND TAYLOR AND PHILLIP YAFFA TO
THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR TERMS
EXPIRING JUNE 30, 1997, RESPECTIVELY; CONFIRMING THE
APPOINTMENTS OF SERGIO ROK AND ROBERT H. TRAURIG TO
THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA FOR TERMS
EXPIRING JUNE 30, 1997, RESPECTIVELY; RJRTHER,
CONFIRMING THE APPOIN MaU OF GARY A. SIPLIN TO THE
DDA BOARD OF DIRECTORS IN THE PLACE AND STEAD OF
GEORGE KNOX WHO HAD FILLED THE SEAT PREVIOUSLY HELD BY
HENRY ADORNO FOR A TERM EXPIRING JUNE 30, 1994; AND
CONFIRMING THE APPOINTMENT OF HARVEY RUVIN, IN THE
PLACE AND STEAD OF EVONNE RAGLIN, FOR A TERM EXPIRING
JUNE 30, 1996.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
31 September 27, 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.
M1.1. 01�� Z • 1-
Commissioner Plummer: Mr. Mayor, if I may, just for a point of record. We
will be moving the DDA offices, Mr. Mayor. As you know, it had been a sore
subject with me for some time, and I'm happy to announce to this Commission
that we will be reducing our rent from $260,000 a year to $72,000.
Commissioner Alonso: It was about time. Wonderful!
Mayor Suarez: Matthew.
Commissioner Plummer: I just wanted you to know.
Mayor Suarez: The Commissioner just announced that you're going to be moving
from the existing offices into the basement of City Hall and saving a bundle.
Commissioner Plummer: No, sir.
Mr. Schwartz: It's a tent outside City Hall.
Mayor Suarez: We have a little closet which will be your office. You don't
have as great a view of Biscayne Bay as you do now, but...
Commissioner Plummer: We will definitely - we have a proposal that we're
looking at right now, the 330 Building, Mr. Mayor, but an interesting proposal
has come up that we're trying to explore and discount, yes or no, and that is
to take the money and utilize the base of the laser tower. There is more than
ample room down there that could be, not only the offices of DDA, but a
visitors central, and a community meeting place. So we're looking at it and
if that doesn't pan out, we will then be going to the 330 Building.
Mayor Suarez: Nice to see a useful...
Commissioner Plummer: I don't think you could have a better view of a
$30,000,000 park, which is not used at all now, except for storage. Just
wanted to let you know.
Mayor Suarez: Quite an interesting idea. All right. Thank you.
Mayor Suarez: Item 13.
Commissioner Plummer: May I ask, was there anything pulled and deferred from
the consent agenda?
32 September 27, 1993
Mayor Suarez: I think Commissioner Alonso requested one item to be tabled
until later this afternoon.
Commissioner Alonso: Eight.
Commissioner Plummer: All right.
Commissioner Dawkins: I pulled one, J.L.
Commissioner Plummer: But, I mean, was it deferred, or finally passed?
Commissioner Dawkins: Deferred.
Mayor Suarez: I'm getting signals of concern, inquiry, consternation from the
group. I don't know why. I don't know if it's - is that on the item that the
Commissioner asked to be tabled? I think she meant till this afternoon, and
we have a policy that if a Commissioner wants an item tabled, it's a heck of a
lot better than deferring it. When you defer it, it's put over until the
next...
Commissioner Plummer: You did 8, Miriam?
Commissioner Dawkins: J.L., I deferred...
Commissioner Alonso: We did 8.
Commissioner Plummer: Miriam deferred B.
Commissioner Alonso: Deferred, no. Tabled.
C(xmtissioner Dawkins: A question...
Commissioner Plummer: Tabled - consent agree - consent.
Commissioner Dawkins: Number 1 was questioned.
Commissioner Alonso: No, this is regular agenda.
Commissioner Plummer: Regular 8. OK.
33
---------------------------------------------- ---------- --.----.-----------------
19. (A) (Continued discussion) RECONSIDER PRIOR RESOLUTION TO GRANT
REQUEST TO URBAN LEAGUE OF GREATER MIAMI FOR TAX EXEMPT
STATUS.
(B) GRANT REQUEST BY URBAN LEAGUE OF GREATER MIAMI FOR TAX
EXEMPT STATUS. (See label 8)
--------------------------------------------------------------------------------
Commissioner Dawkins: Number 1 was questioned as to why a candidate in the
race is receiving relief for that candidate's organization. So I asked that
it be deferred until the next meeting, and at the next meeting, this
Commission provide all of the religious and other social organizations that we
have done this for, to let them know that we're not - this is not our first
time doing this.
Commissioner Plummer: OK. You know, it can be handled very easily at the
I next meeting, as far as I'm concerned. But here again, as far as I'm
concerned, it's not for the individual. It's for the organization.
Commissioner Dawkins: well, if everybody wants - I'll take it off - all
right, I'll vote for reconsideration.
Commissioner Plummer: I couldn't vote originally so - I mean, to me, I
understand what you're saying. I understand the politics behind it. And if
it was going to be giving this individual money which he could divert to a
campaign, I'd say no. But this is for the league, itself, as I understand it,
and not for the individual, and as far as I'm concerned, we'll vote today, or
next week, or the week after.
Mayor Suarez: OK. I'll take that as a motion to reconsider.
Mr. Carlos Garcia: Commissioner, if you - if I could say, the longer we keep
those taxes unpaid, the more interest it's creating on that balance. So the
longer those taxes...
Commissioner Alonso: I want you to know that they are mixing things that are
not necessarily oranges and apples, and your item and this and...
Mr. Garcia: No. I'm talking about the Urban League taxes that haven't been
paid.
Mayor Suarez: You are talking about the Urban League.
Mr. Garcia: As long as they remain unpaid, there will be interest accruing on
that on a monthly basis.
Commissioner Plummer: Excuse me, Carlos. What difference does it make if
we're going to waive it, whether the interest is there or not? Waiving it, we
get zilch. So what difference does it make?
34 September 27, 1993
Mayor Suarez: Commissioner Plummer, I guess the movement on the motion to
defer is suggesting that he's not going to...
Commissioner Plummer: I can't vote on a reconsideration...
Mayor Suarez: Right.
Commissioner Plummer: ... because I didn't vote on the original.
Mayor Suarez: Well, you can't, but he's not going to second it, and maybe...
Commissioner Dawkins: I'll second it.
Mayor Suarez: You are going to second it?
Cam-Lissioner Dawkins: Yeah.
I
Mayor Suarez: All right.
j
i Commissioner Dawkins: Move it.
t
Mayor Suarez: Yeah, he did move it.
Commissioner Dawkins: J.L. moved it?
Mayor Suarez: Yeah.
Commissioner Dawkins: I second.
Mayor Suarez: Seconded.
Commissioner Dawkins: Reconsideration.
Mayor Suarez: Call the roll on the motion to reconsider. I don think
anybody is going to vote against that.
Commissioner Plummer: If I can vote on reconsideration without voting on the
original, I'll vote yes, of course.
h�t
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-580
A MOTION TO RECONSIDER PRIOR VOTE WHICH
DEFERRED AGENDA ITEM CA-1 (A PROPOSED
RESOLUTION TO RECOGNIZE TAX-EXEMPT STATUS OF
THE URBAN LEAGUE OF GREATER MIAMI, INC. IN
SUPPORT FOR ITS REQUEST FOR RETURN OF TAX
MONIES IN THE AMOUNT OF $11,921.12, TO BE
PAID BY IT BECAUSE OF ITS FAILURE TO FILE
APPLICATIONS FOR TAX-EXEMPT STATUS OF
PROPERTY).
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.
Mayor Suarez: On the item itself, then.
Commissioner Plummer: I'll move it. I'm not running.
Mayor Suarez: So moved.
Commissioner Dawkins: I'll second it, even though I'm running. We have done
this for numerous organizations right here before. About six churches I can
name, and about four social organizations that we have done this for, and I
see no reason...
Commissioner Plummer: Well, in discussion, as you know, that's why, Mr.
Mayor, I've asked for this thing to be formed where, .for round numbers, our
assessable base is fourteen billion dollars and four billion dollars is
exempt. And, you know, I think the day has got to come where we've got to
really go through this with a fine-toothed comb. It's got to come.
Mayor Suarez: OK.
36 September 27, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-581
A RESOLUTION RECOGNIZING THE TAX-EXEMPT STATUS
CLAIMED BY THE URBAN LEAGUE OF GREATER MIAMI ("URBAN
LEAGUE"), A CHARITABLE ORGANIZATION, IN SUPPORT OF
ITS REQUEST FOR A RETURN OF TAX MONIES TO BE PAID BY
IT BECAUSE OF ITS FAILURE TO FILE APPLICATIONS FOR
TAX-EXEMPT STATUS OF PROPERTY LOCATED IN THE CITY OF
MIAMI; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
FINANCE DIRECTOR TO REIMBURSE SAID ORGANIZATION THE
AMOUNT OF $11,921.12, SAID SUM BEING CONFIRMED AS
THE AMOUNT TO BE RECEIVED BY THE CITY AS A RES1JLT OF
THE ORGANIZATION'S NONCOMPLIANCE WITH THE FILING
REQUIREMENT; FURTHER DESIGNATING PROPERTY TAX
ACCOUNTS IN THE GENERAL FUND AND GENERAL OBLIGATION
DEBT SERVICE FUND FOR SUCH PAYMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
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.
CENTS MADE DURING ROLL CALL:
Commissioner Alonso: I'm running, and I vote yes.
37 September 27, 1993
------------------------------------------------------------------------------
20. EXECUTE FIRST AMENDMENT TO PARTICIPATION AGREEMENT WITH THE
FIRST MUNICIPAL LOAN COUNCIL, --- TO EVIDENCE TRANSFER OF
CERTAIN FUNDS PREVIOUSLY DESIGNATED AS LOANED TO THE
DEPARTMENT OF OFF-STREET PARKING TO BE TRANSFERRED TO CITY
OF MIAMI IN CONJUNCTION WITH THE POOLED LOAN PROGRAM OF THE
FLORIDA LEAGUE OF CITIES' FIRST MUNICIPAL LOAN PROGRAM.
Mayor Suarez: Itea 13.
Mr. Carlos Garcia: Mr. Mayor, these are the funds that were earmarked by the
Florida League of Cities for Off-street Parking. already last year in
principle, you adopted moving the monies to Miamarina, and now, we need to
approve in final form an amendment 'to the agreement between the City and the
Florida League of Cities for that purpose.
Commissioner Dawkins: Took them to what...
Commissioner Plummer: Mr. City Attorney, just for the record, I sit on that
board. You find no conflict with my voting on it here?
A. Quinn Jones, III, Esq. (City Attorney): No, no problem.
Commissioner Plummer: All right. Just for the record.
Commissioner Dawkins: OK. We moved the money to where?
Mr. Garcia: From Off-street Parking to Miamarina, to rebuild Miamarina at
Bayside. You did approve last year a resolution.
Commissioner Dawkins: To do what? To do what at Miamarina and Bayside?
Mr. Garcia: Miamarina. To rebuild the marina at that site.
Commissioner Dawkins: Didn't we get money from FEMA (Federal Emergency
Management Agency) to rebuild the marina?
Mr. Garcia: Yes, sir, we are getting some. We're getting about 1.5 from
FEMA.
Commissioner Dawkins: All right. OK. See, so now you need to tell me how
much money you're talking about using to rebuild the marina. See, because we
already - I'm the only one up here who says it, and I'm going to keep saying
it. I said the budget is not balanced. OK? Numbers are balanced. Your
budget is not balanced. And when you keep juggling money, like $5,000,000,
and then you come back and tell me that a part of that is going to be spent to
repair the marina, then you come back and tell me we have other money, you may
not spend a penny of this money in the marina. I need to know.
Mr. Garcia: Well, I can tell you, I don't know what the final number for
Miamarina is, Commissioner. What I can tell you is this. The Florida League
38 September 27, 1993
of Cities will only give us the monies after we spend them. So we're not
going to use that money for any other purpose unless it is approved by this
City Commission, and it's got to be for capital purposes. It cannot be for
the City's budget.
Commissioner Dawkins: Carlos, you and I are saying the same thing.
Mr. Garcia: Right.
Commissioner Dawkins: We're just saying it differently.
Mr. Garcia: Right.
Commissioner Dawkins: If you spend money you already have in another pot to
repair the marina, then all you have to do is go to this fund and prove that
you spend the money, and it is replaced.
Mr. Garcia: But once we get City Commission approval for the use of the
funds.
Commissioner Dawkins: No further questioning, Mr. Mayor.
Mr. Wally Lee (Assistant City Manager): Mr. Mayor, Commissioner Dawkins,
we're receiving the final consultant report...
Mayor Suarez: You're volunteering whatever it is you're about to volunteer...
Commissioner Dawkins: I don't need any more information.
Mayor Suarez: ... right after he just said no further questions. Thank you,
Mr. Lee. You're a wise man. Yes, Commissioner Plummer.
Commissioner Plummer: One thing that's not being said, Carlos, that you
should have told the Commissioner is, we're making money on this money. Isn't
this the arbitrage?
Mr. Garcia: Well, yeah, we're making some, that's true.
Commissioner Plummer: We're making money on this money.
Commissioner Dawkins: You know, to my good blood brother who I've been here
with for 12 years, I constantly hear that this City of Miami is making money,
and we're always broke. Now, I can't understand how you can continue to make
money and be broke.
Commissioner Plummer: If you were able to borrow from this fund when the
original commercial paper came out, arbitrage was legal. And as such, we made
more interest than we paid, and we made money on the loan, sir. Not anywhere
else, I agree with you. It's what you call voodoo economics. I agree with
that.
Commissioner Dawkins: Thank you.
Commissioner Plummer: That's why I'm not going to vote on appropriations
today.
39 September 27, 1993
Mayor Suarez: OK. Anything further on the item?
Commissioner Plummer: I'll move it, Mr. Mayor.
Mayor Suarez: Moved. Thank you. Commissioner Dawkins seconds, I can just
tell from the way he's moving his head in a negative way that he really means
positive that he's seconding it. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-582
A RESOLUTION, WITH ATTACf vMM, AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENF TO A
PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI AND THE FIRST
MUNICIPAL LOAN COUNCIL, TO EVIDENCE THE TRANSFER OF
CERTAIN FUNDS PREVIOUSLY DESIGNATED AS LOANED TO THE
DEPAR`IMENT OF OFF-STREET PARKING TO BE TRANSFERRED TO
THE CITY OF MIAMI IN CONJUNCTION WITH THE POOLED LOAN
PROGRAM OF THE FLORIDA LEAGUE OF CITIES' FIRST
MUNICIPAL LOAN PROGRAM 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 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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: I can't... what it is?
Commissioner Plummer: Item 13, on the commercial loan from Florida League of
Cities.
Commissioner Dawkins: The Mayor says I vote yes.
40 September 27, 1993
------------------------------------------------------------------------------
21. APPROVE APPOINTMENT OF LAW FIRMS OF: (a) GREENBERG, TRAURIG,
HOFFMAN, LIPOFF, ROSEN & QUENTEL, P.A., AND (b) McCRARY AND
MOSLEY -- TO PROVIDE BOND COUNSEL SERVICES IN CONNECTION
WITH ISSUANCE OF NOT TO EXCEED $30,000,000 TAX ANTICIPATION
NOTES, SERIES 1993.
Mayor Suarez: Item 14. Approving the appointment of the law firm of
Greenberg, et al., and the minority firm of McCrary and Mosley to provide bond
counsel services in a very...
Commissioner Plumme-r: How much are we paying them?
Mayor Suarez: Tax anticipation notes.
Commissioner Plummer: How much are we paying them.
A. Quinn Jones, III, Esq. (City Attorney): It's $10,000. They came in
lowest, for a fee of $10,000 and expenses...
Commissioner Alonso: Plus expenses.
Mr. Jones: ... in a maximum amount of $2500.
Commissioner Plummer: $2500 expenses?
Mr. Jones: Yeah.
Commissioner Plummer: Mr. Jones, is this the same bond issue that the Victory
Dinner was to be held in the City of Coral Gables?
Mr. Carlos Garcia: No, sir. No, it is not.
Mr. Jones: No.
Commissioner Plummer: OK. I really enjoyed having the Victory Bond Dinner
for the City of Miami at a Coral Gables restaurant. I think that was great.
Mayor Suarez: Carlos, if this is the lowest fee ever paid in the history of
municipal bond issues, on a percentage basis, or one of the lowest, I would
like to know that, and maybe incorporate that into an appropriate press
release or whatever.
Mr. Garcia: Sure.
Mayor Suarez: The media needs to know that. That's an incredibly low rate
for it. All right. Any motion on the item?
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
41 September 27, 1993
Commissioner Alonso: Second.
Mayor Suarez: Seconded.. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption.
RESOLUTION NO. 93-583
A RESOLUTION APPROVING THE APPOINTMENT OF THE LAW FIRM
OF GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN &
QUENTEL, P.A., AND THE MINORITY FIRM OF MCCRARY AND
MOSLEY, TO PROVIDE BOND COUNSEL SERVICES IN CONNECTION
WITH THE ISSUANCE OF AN AMOUNT NOT TO EXCEED
$30,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY
OF MIAMI, FLORIDA., TAX ANTICIPATION NOTES, SERIES
1993; ALLOCATING FUNDS THEREFOR FOR SAID SERVICES, IN
AN AMOUNT NOT TO EXCEED $10,000, PLUS EXPENSES IN THE
MAXIMUM AMOUNT OF $2,500, FROM THE PROCEEDS OF THE
SALE OF SAID TAX ANTICIPATION NOTES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: The reason I mentioned that, Carlos, is you might remember,
about eight years ago, when we aggressively pursued taking New York counsel
out of these bond issues and using local people, that the Miami Herald, among
others, editorialized - I don't know why - in a negative fashion. Now, I
think the...
Commissioner Plummer: Have they ever been any other way?
Mayor Suarez: ... the fruits are obvious of that effort to bring all of this
business to local hands. It would be even more interesting if our City
employees and their pension funds would also consider local companies for
their financial management, and I wish they would once again look at that,
because as you can see here, you've got top notch professional help for a lot
less cost.
Mr. Garcia: No question about it.
42
September 27, 1993
�; 4)
Mayor Suarez: All right. Call the roll on the item - did we call the roll?
Nis. Matty Hirai (City Clerk): Yes, we did.
Mayor Suarez: Thank you.
------------------------------------------------------------------------------
22. AUTHORIZE ISSUANCE OF NOT TO EXCEED $30,000,000 TAX
ANTICIPATION NOTES, SERIES 1993 -- TO MEET CERTAIN OF THE
CITY'S CASH FLOW REQUIREMENTS FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1994.
-------------------------------------------------------------------------------
Mayor Suarez: Item 15. Tax anticipation notes, et cetera. This is that
philosophical issue we've discussed many times in a painful way every year.
It seems like something that shouldn't have to be done.
Commissioner Dawkins: Well, I'll make my annual statement.
Mayor Suarez: All right. Commissioner Dawkins, I guess I was anticipating
that annual statement.
Commissioner Dawkins: Every year...
Commissioner Plummer: He is going to get another vote today, though.
Commissioner Dawkins: ...every year, everybody we sell tax -anticipated notes.
The Manager tells me that he has to sell these bonds, Tax -Anticipated Notes,
in order to pay expenditures that are acquired between now and when Dade
County collects my taxes and give it to the City. Now, for 8 years I have
been asking the Manager if you know you are going to have a shortfall for this
amount of money? Somewhere along the lines you should have made corrective
adjustments to ensure that you do not need this money. And yet I ask, after
you sell the Tax Anticipated Notes, I have never seen in the budget where 30
million dollars came in as a credit and 30 mullions dollars went out as a
debit and the budget was balanced. I have yet to see that.
Commissioner Plummer: Voodoo.
Commissioner Dawkins: OK. I have yet - but every year...
Commissioner Plummer: Voodoo.
Commissioner Dawkins: ...see, and to me, I'll say it this time for the last
time this to me, is like you have three credit cards, you got a Master Card
and you got a Visa and you got American Express. American Express you got to
pay at one time. So, you go back and take your Master Charge and your Visa,
you borrow enough money to pay American Express and then you start back
crediting from these again for the year. I cannot again, as I, I just cannot
until the Administration can show me how this is necessary and how it balances
out. I can't vote for it, Mr. Mayor.
43 September 27, 1993
Mr. Garcia: Commissioners, if I could say to you also that the only reason we
are doing this is to anticipate those taxes that will be collected in
December. So we can cover expenses in October and November. Otherwise, we
don't have enough cash to pay City employees, to make pension contributions...
Commissioner Dawkins: How many years have you been here?
Mr. Garcia: I know, sir. Seventeen years.
Commissioner Dawkins: No, no, answer sir.
Mr. Garcia: Seventeen years.
Commissioner Dawkins: OK. How many years have you been doing this?
Mr. Garcia: For about 5 years.
Commissioner Dawkins: OK, now. And, for 5 years you know that these
gentlemen out here and ladies a
in front of us and all the people on TV telling me that if I vote against your
borrowing 30 million dollars, now, that they can't get paid.
Mr. Garcia: That is true.
Commissioner Dawkins: That's no way to run an airline.
Mr. Garcia: Well.
Commissioner Dawkins: OK, I'll ask another... I'll ask one question. I am
sorry Mr. Mayor, I plan to shut up. But, I can't. You are going to sell 30
million dollars of anticipated notes, OK.
Mr. Garcia: Yes, sir.
Commissioner Dawkins: It run us through - when do you get the money?
Mr. Garcia: The money is in October.
Commissioner Dawkins: All right, we get the money... No, no. We get the
money from Dade County, when?
Mr. Garcia: In December.
Commissioner Dawkins: December, OK. This is October 1...
Mr. Garcia: Uh-huh.
Commissioner Dawkins: ...OK. Right?
Mr. Garcia: Right.
Commissioner Dawkins: November 1?
Mr. Garcia: Right.
44 September 27, 1993
Commissioner Dawkins: Now, we get the money December 1 or December 31?
Mr. Garcia: Throughout the month of December. Usually during the later part
of the month.
Commissioner Dawkins: OK. So we are going to say - half the month in
December.
Mr. Garcia: Right.
Commissioner Dawkins: What is the expenditures to pay salaries one month?
Mr. Garcia: It is about in excess of 10 million dollars. About 10.6.
Commissioner Dawkins: To pay salaries?
Mr. Garcia: Yes, sir.
Commissioner Dawkins: That's just salaries only?
Mr. Garcia: Yes, sir.
Commissioner Dawkins: So... I am listening to you now. So, 10.6?
Mr. Garcia: Right.
Commissioner Dawkins: So, therefore for three months that's 30 million
dollars.
Mr. Garcia: That's right.
Commissioner Dawkins: Now, what are we paying the light bill, and all these
other bills - cause you are not getting but 30 million dollars now - which you
say you need?
Mr. Garcia: No.
Commissioner Dawkins: What are you paying all of the other debts and
expenditures that we need? What are you paying that with?
Mr. Garcia: We have other revenues coming in. If you would like to, I have
the cash - the City's cash flow - here. If you would like me to give you a
copy, I'll be happy to go over this.
Commissioner Dawkins: I do not pay you to give it to me to read.
Mr. Garcia: No. Let... OK.
Commissioner Dawkins: I pay you to explain it to me so I understand it.
Mr. Garcia: About 50 percent of the City's revenues come from taxes. The
other 50 percent come from other sources that are received also in October and
November. But, the main things are those taxes that are not going to be
collected until December. And, that's what we are trying to cover here.
45 September 27, 1993
f~ t
104)
Commissioner Dawkins: It wouldn't have been easier to take some of the
expenditures that you could pay a little taxes on and let those not be the
bills that you pay. Rather han pay personnel, whom you know, we cannot
afford not to have on the job.
Mr. Garcia: One of the biggest items that we have at this time of the year is
our pension contribution.
Commissioner Dawkins: No, no, no. Every year... Let's not talk about this
year, Mr...
Mr. Garcia: Uh-huh.
Commissioner Dawkins: Let's talk about every year for the last 5 years.
Somewhere along the line, somebody should have made an adjustment, sir.
Mr. Garcia: You are right. You know, if we could have the moneys and fund
balance to cover this, that would be great. But, we don't. That's the
problem. I don't think that we will be able to develop a 30 million dollars
fund balance in the near future either.
Commissioner Plummer: What is it now?
Mr. Garcia: It must be running about 4 million dollars.
Commissioner Plummer: I thought that we were suppose to have a minimum of 6?
Mr. Garcia: Well, some of those moneys were appropriated last year,
Commissioner.
Commissioner Plummer: What does it cost us over the period before this is
paid back?
Mr. Garcia: This is another arbitrage case in the sense that we can make more
moneys on this funds than what we pay. We'll be paying less than three
percent on these bonds. They are going to be sold on a competitive basis. I
don't know what the figure is going to be. But, it is going to be less that
three percent. And, basically it is a matter of cash flow. We need that cash
flow to cover October and November. In December, we are back in good shape
again. And, besides the cash flow needs, we make interest on this - about 200
thousand dollars a year.
Commissioner Plummer: That will be...
Commissioner Alonso: How much...
Commissioner Plummer: ...If that be the case, why don't you borrow more?
Mr. Garcia: Because, we need to justify what we borrow. And, our cash debt -
our gap - is about 30 million dollars in October and November. I mean, we
need to justify that to Uncle Sam. We cannot do just whatever we want.
Commissioner Alonso: How much it was last year?
46 September 27, 1993
Mr. Garcia: Thirty million dollars, also.
Commissioner Alonso: Same amount.
Commissioner Plummer: Yes, same every year.
Commissioner Alonso: And, could you show us exactly as the money was coming
in to give us some reassurance that indeed it happened the way
you are
describing it...
Mr. Garcia: I certainly can.
Commissioner Alonso: ...for example, today?
Mr. Garcia: Yes, Ma'am.
Commissioner Alonso: Do you have the paper there?
Mr. Garcia: I... What I have here...
Commissioner Alonso: May I see it?
Mr. Garcia: ...is the cash flow for this year.
Commissioner Alonso: You offered to Commissioner Dawkins, I would like to see
it - facts.
Mr. Garcia: The first page I have here are those revenues for the
City for
projected revenues for '93 and '94. You will notice that the bottom
figures -
the 30 million dollars - we would be getting from the note sale.
On the
second page...
Commissioner Alonso: But, of course these are predictions.
Mr. Garcia: These are for next year, that's right.
Commissioner Alonso: All right.
Mr. Garcia: For last year, I...
Commissioner Alonso: May I see exactly the same thing...
Mr. Garcia: I don't have it here with me. But, I can get you that.
Commissioner Alonso: ...of what happened and compare the proposal
that you
gave us last year...
Mr. Garcia: Uh-huh.
Commissioner Alonso: ...and then, how it actually happened.
Mr. Garcia: All right.
47
September 27, 1993
Commissioner Alonso: It will give us some reassurance that it indeed it
does
happen.
Mr. Garcia: I can give you that, Commissioner. Yes.
Commissioner Alonso: And, since it happens to be the same amount, it
will
help a lot.
Mr. Garcia: Right. Right. I can give you that.
Commissioner Alonso: But, you don't have it?
Mr. Garcia: I don't have it with me today, no.
Commissioner Alonso: OK.
Commissioner Plummer: Let me... Let me ask a question. I'm in favor,
from
what I hear of the repeal of the gas tax at the County. How does that affect
the City? If that is in fact repealed?
Commissioner Alonso: One point six, we will lose.
Mr. Wally Lee: Approximately.
Mr. Garcia: I'll let the budget department answer that.
Commissioner Alonso: Or not receive?
Mr. Manohar Surana (Assist. City Manager): We've got one - five in
the
budget, right now.
Commissioner Plummer: I am sorry?
Mayor Suarez: One point five million.
Commissioner Alonso: One point five.
Commissioner Plummer: That's the additional six cents?
Mayor Suarez: Yes, sir.
Commissioner Plummer: And, primarily what would that money be used for?
Mr. Surana: Coming to the General Fund.
Commissioner Plummer: Are we still getting from the original six cents?
Mr. Surana: Yes, sir.
Commissioner Plummer: Are we getting a million four from that?
Mr. Surana: No, from there we are getting about 4.6 million.
Commissioner Plummer: From the initial six cents?
48 September 27, 1993
Fa
Mr. Surana: Yes, sir.
Commissioner Plummer: We don't get anything from the four and a half of the
federal?
Mr. Surana: No.
Commissioner Plummer: So what we would be losing if it is a repeal is a
million four?
Mr. Surana: No, we'll be losing about 3.3 million.
Commissioner Alonso: Total.
Mr. Surana: That's our share. Because, only for nine months.
Commissioner Plummer: So, that will be a 3 million dollar loss to the general
fund?
Mr. Surana: No. I use...
Commissioner Plummer: If it's repealed?
Mr. Surana: OK. All right. By holding a 3.3 million on 9 months is 2.5
million. And, I use 1.5 million for general fund.
Commissioner Dawkins: Mr. Mano, the budget was projected with an expectation
of the County passing this 4 cents sale tax or it was passed with the
projections of this might be gravy if it was passed?
Mr. Surana: No, we made this adjustment after CD - County Commission -
approved it first reading.
Commissioner Dawkins: First reading?
Mr. Surana: Yes, sir.
Commissioner Dawkins: OK, thank you, sir.
Mayor Suarez: Anything further on the item? Are you still analyzing it,
Commissioner Plummer?
Mr. Garcia: If they are going through the cash flow, on the second page we
have expenses on a monthly basis. You will see that if we get that 30 million
dollars, we should have about 2.4 million dollars in cash available at the end
of October. At the end of November, it is about 2.5 million dollars. By
December then - because we collect those taxes heavyly - we'll got - we'll
have the 30 million dollars back in. So, after that we are OK. But, October
and November we need to cover.
Mayor Suarez: There is no way to substitute with any governmental transfers,
fees, or even CDBG (Community Development Block Grant) funding, borrowing,
since their fiscal year is July?
49 September 27, 1993
Mr. Garcia: I don't believe so.
Mayor Suarez: Could have July and August and...
Mr. Garcia: I don't believe we can just borrow for general purposes. We need
to borrow for specific purposes.
Mayor Suarez: OK, it's not the ideal system. Mr. Gonzalez -Go naga, once
again...
Mr. Garcia: I think it's better...
Mayor Suarez: ...really suppose to take you after three.
Mr. Manuel Gonzalez-Goenaga: I am going to be extremely...
Mayor Suarez: Sir, wait a minute. We are really suppose to take you after
three. But, in the interest of expediency, why don't you go ahead and make
your statement, sir.
Mr. Gonzalez-Goenaga: No, and in the interest of some common sense that I
think I have. On page 56, all those numbers is...
Mayor Suarez: I tell you what, Mr. Gonzalez-Goenaga...
Mr. Gonzalez-Goenaga: No, no...
Mayor Suarez: ...Sir, have a seat. I gave you an opportunity to speak out of
turn, you are not - under the law I don't have to let you speak till 3:00 p.m.
Have a seat, sir. Or, you are going to be sitting somewhere else that you are
not going to find as comfortable.
Mr. Manuel Gonzalez-Goenaga: Dade County Jail, I know.
Mayor Suarez: Have a seat, sir.
Mr. Manuel Gonzalez-Goenaga: I know.
Mayor Suarez: Have a seat. Mr. Manager, make sure that Mr. Gonzalez-Goenaga
doesn't speak out of turn anymore.
Mr. Lee: OK.
Mayor Suarez: We'll hear from you after 3:00 p.m., maybe. All right, you are
most welcome, sir. Any further questions from the Commission?
Commissioner Alonso: No, I was checking with the Administration because it
reads "cash balance" and then it says deficit. But, indeed it's not a
deficit. It's a mistake in the form. It's not necessarily a deficit. What
we have at the bottom, it does increases the balance.
Mr. Garcia: No, it would be a deficit... It would be a deficit if it were in
brackets. But, there are no figures in brackets there. So, we should take
that word out. It shouldn't be there. It's just a cash balance.
50 September 27, 1993
Commissioner Alonso: Thank you.
Mayor Suarez: OK.
Commissioner Alonso: OK, I guess this is a very painful thing we have to do
every year. So, we might as well do it and get it over with. We need the...
Mayor Suarez: And, none of the enterprise funds are available, either, for
this purpose to borrow?
Mr. Garcia: No, sir.
Mayor Suarez: Is that because... Are you saying no because there is no money
on them, or because it is legally?
Mr. Garcia: There is no money there. There is no money there. The only
enterprise fund that has some money is Off -Street Parking and they cannot lend
money, so.
Mayor Suarez: They cannot lend money. All right.
Commissioner Alonso: Something has to be done in order to have the bond's
fund balance having an appropriate amount and then it will be OK. But, while
we don't...
Mayor Suarez: Yeah. I have a feeling that with 10 or even 15 million, you
could probably do it. You might be just a little bit late in making some
payments. OK.
Commissioner Alonso: That was promised to us when I established the fund
balance. And, then we had two emergencies and it went down to...
Mayor Suarez: To four.
Commissioner Alonso: Say the amount again on the record.
Mayor Suarez: Four plus, I think.
Mr. Garcia: Four million.
l Commissioner Alonso: Four. My last count was 4.6. Now you mention 4? Is
that an approximate amount or indeed the amount that we have?
Mr. Garcia: 'That's the amount that we are projecting for the end of this
year.
Commissioner Alonso: What do we have now?
Mr. Garcia: Commissioner, that changes from one day to the next.
Commissioner Alonso: Oh, no! It does not, because when I passed that motion
that was approved unanimously by this Commission, we make it very clear the
fund balance, it is not to be touched by the Administration unless this
Commission gave four votes. So, it cannot change.
51 September 27, 1993
mr. Garcia: AS 1 tola you, some of those...
Commissioner Alonso: Daily, you cannot move or take out. Or, it has to - it
can increase...
Mr. Garcia: Uh-huh.
Consnissioner Alonso: ...we have no problem with that. But, you cannot take a
penny. So, how much do we have today?
Mr. Garcia: The most recent calculation, that I've seen, is 4 million
dollars.
Commissioner Alonso: OK. Would you come back after lunch with the amount -
or I can go to the bank with you during lunch - and check what we have?
Mayor Suarez: Yes, Carlos, it really worries us...
Conrdssioner Alonso: Actually, it has been suggested by the Mayor, that I go
often to the bank and verify the amount.
Mayor Suarez: All right. And, it worries me that you say that it's something
that you have to calculate. We think that it's something that you call the
bank and find how much is in it.
Commissioner Alonso: That's right...
Mr. Garcia: The fund balance, Mr...
Commissioner Alonso: ...because we requested a separate account.
Mayor Suarez: We are not talking about projected fund balance. We are
talking about an ordinance that specified that it shall never be less than a
specific actual cash amount in a fund.
Commissioner Alonso: Yes.
Mayor Suarez: If that is not what the ordinance did, it didn't follow...
Commissioner Alonso: Oh, it was very clear. Yes.
Mayor Suarez: ...what this Commission wanted.
Commissioner Alonso: So, would check...
Mr. Garcia: That's what the ordinance did. But, as I said, some of those
funds were appropriated after that point.
Mayor Suarez: I am sure that when that happened...
Commissioner Plummer: By this Commission.
Commissioner Alonso: Yes, by this Commission.
52 September 27, 1993
Cammissioner Alonso: It was an emergency. The Manager brought the item and
we felt that it was serious enough as to accept it and we allowed the
withdrawal of certain funds.
Mayor Suarez: Sure. Yes, and there was a debit for a specific amount.
Commissioner Alonso: Yes.
Mayor Suarez: And, the accountant then has that - the prior amount less than
amount - and it should be something that should be at your finger tips.
Commissioner Alonso: Very simple. Very simple.
Mayor Suarez: All right. Hopefully...
Commissioner Alonso: So, would you check into that and come back to us...
Mr. Garcia: OK.
Commissioner Alonso: ...in the afternoon and let us know?
Mayor Suarez: ...hopefully we could get that figure in the afternoon.
Commissioner Alonso: Thank you.
Mayor Suarez: All right. Moved. The item has been moved. Do we have a
second? No second. Second. Vice Mayor, any discussion? If not, please call
the roll.
The following resolution was introduced by Commissioner Alonso, who moved
its adoption:
RESOLUTION NO, 93-584
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA, WITH ATTACHMENTS, AUTHORIZING THE
ISSUANCE OF AN AMOUNT NOT TO EXCEED $30,000,000 IN
AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF MIAMI,
FLORIDA, TAX ANTICIPATION NOTES, SERIES 1993 FOR THE
PURPOSE OF MEETING CERTAIN OF THE CITY'S CASH FLOW
REQUIREMEN"I'S FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
1994, FIXING CERTAIN DETAILS OF SAID NOTES INCLUDING
APPROVING THE FORM THEREOF; PROVIDING FOR THE RIGHTS
AND SECURITY OF ALL NOTE HOLDERS PURSUANT TO THIS
RESOLUTION; APPOINTING A PAYING AGENT FOR THE NOTES;
AUTHORIZING THE CITY MANAGER OR ASSISTANT CITY MANAGER
TO TAKE ANY ACTION NECESSARY TO QUALIFY THE NOTES FOR
DEPOSIT WITH THE DEPOSITORY TRUST COMPANY; DIRECTING
AND AUTHORIZING SALE OF THE NOTES BY PUBLIC BID AND
DIRECTING PUBLICATION OF A SUMMARY NOTIC OF SALE OF
SAID NOTES AND ESTABLISHING THE DATE AND TIME FOR SUCH
SALE AND THE PROCEDURE FOR AWARDING SAID NOTES;
APPROVING THE FORM AND DISTRIBUTION TO PROSPECTIVE
PURCHASERS OF A PRELIMINARY OFFICIAL STATEMENT;
APPROVING THE FORM AND EXECUTION OF AN OFFICIAL
STATEMENT; AUTHORIZING THE CITY MANAGER OR ASSISTANT
CITY MANAGER ON BEHALF OF THE CITY" To DETERMINE THE
FINAL DETAILS OF THE NTOII'ES WITHIN THE PARAMETERS
ESTABLISHED BY THIS RESOLUTION; AUTHORIZING REQUISITE
ACTIONS AND THE EXECUTION OF DOCUMENTS BY THE MAYOR OR
VICE MAYOR, CITY MANAGER OR ASSISTANT CITY MANAGER,
AND THE CITY ATDORNEY, AS TO THE FORM, CONSISTENT WITH
SUCH FINAL DETAILS; AUTHORIZING OTHER OFFICERS OF THE
CITY TO TAKE ALL OTHER ACTIONS NECESSARY IN CONNECTION
WITH THE ISSUANCE OF THE NOTES; MAKING CERTAIN OTHER
COVENANTS AND AGREEMENTS IN CONNECTION WITH THE
ISSUANCE OF SAID NOTES; AND PROVIDING SEVERABILITY AND
AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
54 September 27, 1993
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: Commissioner Miller J. Dawkins
CCNM24TM MADE DURING ROLL CALL.
Commissioner Plummer: I don't like it. But, I don't know what the hell we
can do about it.
------------------------------------------------------------------------------
23. APPROVE CHIEF PROCUREMENT OFFICER'S REJECTION OF PROTEST BY
EASTMAN KODAK COMPANY -- FOR PURCHASE OF SIX HEAVY DUTY
COPIERS (BID NO. 92-93-103).
Mayor Suarez: Item 16-A. Resolution approving the chief procurement officer
decision to reject the protest of Eastman Kodak Company, et cetera. Now, are
they here, the protesting entity, represented or otherwise? Let the record
reflect no one stepped forward. I entertain a motion.
Ms. Judy Carter: They were so advised, sir.
Mayor Suarez: OK. Wait a minute. May we have a... I guess not. On 16-A,
do we need to do anything, do we need put anything else on the record? This
is your recommendation?
Ms. Carter: Yes, sir. It's my recommendation that you deny the protest.
Mayor Suarez: OK, do we need to put anything else for the record?
Commissioner Plummer: Just for the record, what was the protest and why was
it denied? Just for the record.
Ms. Carter: Sure, this particular protest was filed by Eastman Kodak. And,
they filed the protest alleging that the procurement or the lease rental of 6
heavy duty copiers for 4 departments were unduly restricted. The two features
that they were contending were too restrictive. They were, one, the
enlargement capability function, and two, the minimum copies per minute of 90
copies per minute. And, as a result of that, they filed - they did not bid on
this particular item. They did protest, however, and it's for those features
that they allege it was too restrictive. We then conducted a very careful
assessment of the four departments utilizing the equipment. Particularly,
Police Department, Law Department, the Planning -Building and Zoning Department
55 September 27, 1993
}
as well as Public Works. We determined that in fact those features were very
much needed because they are needed in most instances to enlarge exhibits, to
enlarge plat maps and legal documents. And, as a result of that, we
determined along with the need to have quick and repetitive copies done of
very large documents, then we needed to keep those features and therefor, I
deniers the protest.
Commissioner Plummer: Speak to what they refer to in their letter, sole
source.
Ms. Carter: Well, I think what they were saying was because they did not have
that particular feature, nor does Lanier meets the enlargement capability
function. Yet, they meet the 90 words per minute function. The Cannon
equipment, while it meets the minimum words per minute feature, it does not
meet the enlargement feature. I believe they are saying that as a result of
that along with their using Kodak heavy duty copier, that there would not be
any other vendor who in fact could meet the two features that they were - they
were contesting.
i Commissioner Plummer: And, we really need a machine that kick out 90?
Ms. Carter: For heavy duty. Keep in mind, this is not your everyday copier,
sir. It is only located in 4 depart-.ments. And, by nature of the departments
that I mentioned, they really, really do need those heavy duty copiers at
that... meeting those particular features that I mentioned.
Commissioner Plummer: I hear you.
Mayor Suarez: OK, anything further? If not, I will entertain a motion on a
resolution...
Commissioner Plummer: Move it.
Mayor Suarez: ...rejecting the bids. So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
56 September 27, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-585
A RESOLUTION, APPROVING THE CHIEF PROCUREMENT
OFFICER'S DECISION TO REJECT THE PROTEST OF EASINAN
KODAK COMPANY, (KODAK), IN CONNECTION WITH BID NO. 92-
93-103, FOR SIX (6) HEAVY DUTY COPIERS, AS IT HAS BEEN
DETERMINED TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
------------------------------------------------------------------------------
24. ACCEPT BID: XEROX CORPORATION -- FOR FURNISHING SIX HEAVY DUTY TYPE E
COPIER MACHINES ON A LEASE / RENTAL BASIS (TO DEPAR'INENT OF GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE).
------------------------------------------------------------------------------
Mayor Suarez: Item 16-B, accepting the bid of Xerox for the furnishing of six
heavy duty type-B copier machines, et cetera. I'll enter a motion on the
item. Moved by Vice Mayor.
Commissioner Plummer: I'll second it.
Mayor Suarez: Seconded, Commissioner Plummer. Any discussion? If not,
please call the roll on 16-B.
57 September 27, 1993
The following resolution was introduced by Vice Mayor De Yurre, who moved
its adoption:
RESOLUTION N0. 93-586
A RESOLUTION ACCEPTING THE BID OF XEROX CORPORATION
FOR THE FURNISHING OF SIX (6) HEAVY DUTY TYPE E COPIER
MACHINES ON A LEASE/RENTAL BASIS FOR A PERIOD OF FIVE
(5) YEARS TO THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE AT A FIRST YEAR COST OF
$149,544.00, FOR A TOTAL PROPOSED AMOUNT` FOR
$747,720.00; ALLOCATING FUNDS THEREFOR FROM THE
OPERATING BUDGETS OF VARIOUS CITY DEPAliIN1ETIM LEASING
COPIERS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THIS SERVICE, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
------------------------------------------------------------------------------
25. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO EXECUTE AGREEMENT WITH JOINT VENTURE OF
BEDMINSTER/SEACOR SERVICES, INC. -- TO DESIGN / CONSTRUCT /
ACCEPTANCE TEST / FINANCE / OWN / OPERATE A SOLID WASTE
PROCESSING FACILITY -- EXECUTE INTERLOCAL AGREEMENT WITH
METROPOLITAN DADE COUNTY TO RELEASE CITY FROM REQUIREMENT
THAT ITS SOLID WASTE STREAM BE TAKEN TO COUNTY LANDFILL
FACILITIES. (See label 38)
------------------------------------------------------------------------------
Mayor Suarez: Item 17.
Mr. Wally Lee (Assistant City Manager): Mr. Mayor.
Commissioner Alonso: May I table this item?
Mr. Lee: Yes, that's what I was going to request, Commissioner, until this
afternoon.
Mayor Suarez: We are going to request tabling or... OK, tabling.
58 September 27, 1993
Mr. Lee: Table it till this afternoon.
Commissioner Plummer: Well, excuse me.
Commissioner Dawkins: Table it till when?
Mr. Lee: This afternoon, Commissioner.
Commissioner Dawkins: OK, let me say something.
Commissioner Plummer: Well, a ruse me. Can I ask, why you are tabling this
one?
Commissioner Dawkins: That's right.
Mr. Lee: There are some points that have to be agreed upon and we think
that...
Commissioner Plummer: In other words, you are indicating you are still
negotiating.
Mr. Lee: Yes, sir.
Commissioner Plummer: OK, OK. That's...
Commissioner Dawkins: All right, but let me say, the Federal Government has
authorized that we do this. The Federal... has authorized that we do this.
There are certain environmental areas that have to be addressed, OK. Now,
when it comes to money, you people can always tell me about if I don't do
this, you are going to lose money. But, if you don't do this, I'm going to be
in a tither. Because the Federal Government is going to be saying, we - at
the due date - are not recycling and doing what we are suppose to do with our
waste. So, when you come back here this afternoon, Mr. Mayor, have them ready
to present whatever you are going to present for us to vote up or down.
Mr. Lee: Yes, Commissioner.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mr. Howard Cohen: Excuse me, I had filed a protest against number 17. Do I
cane back this afternoon, also?
Commissioner Dawkins: Yes.
Vice Mayor De Yurre: Come back this afternoon.
Commissioner Dawkins: I don't know, you have to see the Mayor. I don't know.
Vice Mayor De Yurre: OK.
Commissioner Alonso: Do we have a protest in front of us?
59 September 27, 1993
A. Quinn Jones III, Esq. (City Attorney): That's not true. In fact, you are
relating to the protest relative to the original preceding, where it was
awarded to this... This Commission made a determination to award.
Mr. Cohen: No, I am relating to a protest I made on Thursday to the City
Clerk's office.
Mr. Jones: There is no basis for you to even protest at this point, sir. You
are out of order, you are untimely. If they were going to be any protest, it
would have had to been done when the bid was originally awarded. Which was
the item to protest. At this point in time, you have no basis to protest
anything. You don't have any standing.
Mr. Cohen: Well, can I meet with you prior to this afternoon to discuss that?
Mr. Jones: No, you can't.
Mr. Cohen: Well, how come this contract...
Mr. Jones: Unless this Commission directs you to.
Mr. Cohen: How come this contract has not been given to...
Mayor Suarez: Well, wait, wait. We can't have an exchange here. Wait a
I minute. The City Attorney is advising us that your protest is untimely.
Presumably, you have all kinds of court remedies, and unless any Commissioner
needs - wants - to hear from you, you are otherwise out of order.
Commissioners, what is your pleasure on this item? You were proposing to
table it for this afternoon?
Commissioner Alonso: Yes, I did.
Commissioner Plummer: Well, Mr. Mayor. I spoke to Mr. Cohen, the gentleman
at the microphone. And, I forwarded all of the information which he gave me
to the City Manager. And, asked the City Manager to look into the matter,
which he did. And, the City Manager sent back a memo which I assumed we all
received, indicating his thoughts relating to this gentleman's proposal. And
as such, I don't know why anything else would have to be listened to. Did you
get a copy of the City Manager's memo?
Mr. Cohen: No, I got nothing. I was here on Thursday and Friday to take a
look at the agreement referenced to...
Commissioner Plummer: OK, I...
Mr. Cohen: ...in the City Manager's recommendation. And, there has never
been a contract put here for inspection by the public.
Commissioner Plummer: All right, sir, sir. I...
Mayor Suarez: Well, just answer the Commissioner's question, please.
Commissioner Plummer: ...asked a very simple question.
60 September 27, 1993
Mr. Cohen: No, I mean, I didn't get the memo.
Mayor Suarez: He is trying to help you. I think.
Commissioner Plummer: I would ask the City Manager's office of the memo which
we received, which is a public document, in relation to what I asked him to
look into this gentleman's proposal. That at least he be afforded a copy...
Mayor Suarez: Yes, if it's not privilege or confidential, yes, absolute
access to it.
Commissioner Plummer: ...It's a public record.
Mayor Suarez: Right.
Commissioner Plummer: And, I would suggest - please...
Mr. Cohen: Well, with all your respect, Commissioner Plummer, I met with you
on Wednesday...
Mayor Suarez: Wait, wait, wait, you have not been recognized. Are you
representing him?
Mr. Cohen: I am sorry.
Unidentified Speaker: No.
Mayor Suarez: I forget all the different groups. OK. I am sorry. Don't
want to put you on a spot here, counselor.
Commissioner Alonso: You see familiar faces.
Commissioner Plummer: All I am saying is that...
Mayor Suarez: You really are out of order. If you are asked a question by
Commission, you can answer. But, otherwise your protest is not deemed timely
by the City Attorney. And... By the way, Mr. City Attorney, it might not be
a bad idea - I am sorry to interrupt you, Commissioner - for someone at least
informally to discuss this matter with him, maybe at lunch time - at 12:00 or
something. And, unless you think that it's going to be prejudicial to our
position. I mean, I don't want to overrule your thinking. But, someone just
sort of telling him. It never hurts, why we think he is untimely. I'm sorry,
Commissioner, you were inquiring.
Commissioner Plummer: No, all I am saying is, I think the man should have
been given a copy of the City Manager's report back...
Mayor Suarez: Absolutely.
Mr. Lee: We'll make that available.
Commissioner Plummer: ...from his proposal. That's why I sent it to the City
Manager in the first place.
61 September 27, 1993
Mr. Lee: We'll be glad to provide a copy.
Commissioner Plummer: Please do.
Mr. Cohen: What I am trying to say, Commissioner...
Mayor Suarez: We are tabling the item until this afternoon. That in fact,
procedurally, gives you some chance of getting some clarification informally
from staff, from the City Attorney, from some Commissioner who might find your
position to be tenable. But, otherwise, you are out of order. This item is
not - is not up for our consideration right now.
Mr. Cohen: Thank you.
Mayor Suarez: OK. The item is tabled until the afternoon at the request of
Commissioner Alonso. Any... There won't be any further discussion on it.
Commissioner Alonso: And, the Administration.
Commissioner Plummer: No problem.
------------------------------------------------------------------------------
26. (A)DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTIONS (FOR
AGENDA ITEMS 181 19 & 20) AUTHORIZING CITY MANAGER TO ENTER
INTO COLLECTIVE BARGAINING AGREEMENTS (FOR PERIOD OCTOBER 1,
1993 - SEPTEMBER 30, 1995) WITH: (a) INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL 587; (b) GENERAL
EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES, LOCAL 1907, AFL-CIO; AND (c) FRATERNAL
ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20.
(See labels 54, 55 & 56)
(B)STATEMENT OF POLICY OF CITY COMMISSION DIRECTING CITY
MANAGER TO NEVER AGAIN ENTER INTO NEGOTIATIONS FOR
COLLECTIVE BARGAINING AGREEMENTS INVOLVING UNION CONTRACTS
WITHOUT FIRST SEEKING FROM THE COMMISSION AND SETTING THE
PARAMETERS FOR SAID NEGOTIATIONS.
------------------------------------------------------------------------------
Mayor Suarez: Item 18.
Commissioner Plummer:
Mr. Mayor, I was going to
ask, and I am
sorry that the
Manager is not here.
And, I am sorry that I was
late, that 18,
19 and 20, out
of reality should be
deferred until budget has
been approved.
I don't know
how you can approve a
Union - contract. I will...
I'll tell
you right now,
that it is my intention to vote against the
appropriation
ordinance this
afternoon. If there
are two other votes here,
that's going
to change the
financial picture. And as such, I think that it
is only right
that you don't
enter into contracts
relating to the budget until
such time this budget has
been passed. Now, that's just my opinion and I was hoping that
we would defer
the contracts...
62 September 27, 1993
Mayor Suarez: OK, as to the first point that you made, what was the vote
on
the appropriation's ordinance before? And how did you vote on it before?
You
are not...
Commissioner Plummer: Mr. Mayor, I was forced by virtue of what I was...
Commissioner Dawkins: By friendship.
Mayor Suarez: You voted for it. I just want to clarify something.
Commissioner Dawkins: You voted by friendship.
Commissioner Plummer: No, excuse me, let me clarify why.
Mayor Suarez: Because there was only four of us here. Is that why?
Commissioner Plummer: No, sir. I was going to vote against it at that time.
But, I was informed by the City Attorney and the Manager...
Mayor Suarez: That we would lose 30 million dollars.
Commissioner Plummer: ...that if I voted negatively we would have lost
36
million dollars due to the trim bill.
Mayor Suarez: OK. I just wanted to clarify what the vote was.
Commissioner Plummer: For that reason and that reason alone, I changed
my
vote and made my vote affirmative.
Mayor Suarez: Is that - does that circumstance change on second reading
of
the appropriation ordinance?
Commissioner Plummer: I... Yes.
A. Quinn Jones III, Esq. (City Attorney): Lose money.
Mayor Suarez: That we lose 36 million dollars?
Mr. Jones: No.
Mayor Suarez: Does not change.
Mr. Jones: No.
Mayor Suarez: Now...
Cannissioner Plummer: Wow -wow -wow. It doesn't change?
Mr. Jones: To my understanding, no.
Commissioner Plummer: It doesn't affect it?
Mr. Jones: It doesn't... Well, it does affect it.
63 September 27, 1993
Commissioner Plummer: I can have voted affirmative for the mi.11age...
Mr. Jones: Yes.
Commissioner Plummer: ...and, against the appropriation ordinance which is
presently before us.
Mr. Jones: If that's your...
Commissioner Plummer.: Without any penalty to the City.
Mr. Jones: Well, the fall back position at the appropriation ordinance
doesn't pass, you can always operate on a tentative budget which you adopted
last week.
Commissioner Plummer: But, that's not my point. Answer my very simple
question. If I vote negative on this appropriation ordinance before us, it
does not penalize the City from any State funds or any other source of funds?
Mr. Jones: Well, it depends on what the other votes are. Your lone vote...
I mean...
Commissioner Plummer: Assuming.
Mayor Suarez: That it prevails. If he votes - if the motion fails on the
appropriations ordinance, do we stand to lose 36 million dollars?
Mr. Jones: You still stand to lose funds. Not only that, you stand to be in
violation of the State law.
Mayor Suarez: Well, we know that...
Commissioner Plummer: Haw?
Mayor Suarez: ...occasionally, a municipality must confront State law if a
Commissioner feels like doing that.
Mr. Jones: Because, you don't have a budget. You don't have a final budget.
Commissioner Plummer: We do not have to have a budget until the first of
October.
Mr. Jones: We don't have a meeting again scheduled until October 14th.
Mayor Suarez: All right, then... then, OK. That answers the question. He
meant, I think - and then I certainly meant with my question - assuming that
that action is not somehow reversed in the days until the end of the month.
Obviously, what you are suggesting now is that we - that position would have
to remain the same until the end of September. And, then we stand to lose 36
million dollars. We... Mister, Mister...
Commissioner Plummer: No. No, that is not a true statement.
Mayor Suarez: OK, now. Mano is showing consternation. Commissio er Plummer
apparently has been briefed otherwise. We ought to clarify this.
64 September 27, 1993
Commissioner Alonso: Well, the question to his... The answer to his question
is yes.
Mayor Suarez: I don't know because they are showing all kind of disagreement
here. What are...
Commissioner Alonso: That is simple, is yes!
Mr. Manohar Surana (Assistant City Manager): It is not something else.
Mayor Suarez: No, OK. Commissioner Plummer, you have been told otherwise?
Conani.ssioner Plummer: Mr. Mayor, I have been told that as long as we pass the
millage, we can deviate and vote against the appropriation.
Mayor Suarez: We can probably pass some sort of a...
V
Commissioner Plummer: One -twelfth as we do. But, that's not what I want to
do.
Mayor Suarez: Flight. Some kind of... OK, Mano now is saying not that. But,
maybe something else.
Mr. Surana: You cannot do 1/12th.
Mayor Suarez: You cannot do 1/12th to the budget.
Commissioner Alonso: What can we do?
Mr. Surana: It's against the law.
Commissioner Plummer: That we don't do anything until we meet again. Mr.
Mayor...
Mayor Suarez: We...
Ccmmissioner Plummer: ...I put six months ago, I sent a memo to the Manager.
And, I told the Manager at that time in a memo, that unless some radical
changes were made in the way this City was doing business, I was not voting
for the budget. I don't feel at this time those changes - which I feel are
most important - have been made. I don't think they've been made. OK. And,
it is just that simple. And, I am damn sick and tired of sitting up here
saying we are going to do business as usual one more year. Now, that's where
I am at. It's just that simple. Now, to the point of 17, 18, 19 and 20 - I
don't know how you do business that way. You don't sign contracts or approve
contracts until your source of revenue has been approved and passed.
Mayor Suarez: What about that point, then. On the assumption that we are
still in Limbo as to the second reading of the ordinance, we have an
announcement by one of the three Commissioners who voted favorably. It was a
3 to 2 vote, was it not?
Commissioner Plummer: Yes, sir.
65 September 27, 1993
Commissioner Dawkins: Yes, it was.
Mayor Suarez: It was. That maybe he... Not maybe, that he is inclined to
vote against the appropriations and therefore are heading for an afternoon
vote - the matter is on the agenda for this afternoon, I presume.
Commissioner Plummer: Yes, sir, 5:05.
Mayor Suarez: That would be negative and would leave us without a second
reading of the appropriations budget, which, of course, can be scheduled for a
special session - you know - from now iuitil the end of the month. If I
thought that it made any sense and if anyone of you who voted negatively
requested it. But, assuming none of that were to happen and we would still be
without an appropriations ordinance, does it make sense - the Commissioner is
( logically asking - for us to consider a union contract that depend and are
premised on having that appropriations ordinance, at least for year one of
their two or three year agreements. Two year agreements.
Commissioner Plummer: Two.
Mayor Suarez: Does it make any sense to contemplate that item? Or does it...
Commissioner Plummer: It can amount to writing a bad check.
( Mayor Suarez: 'Ib entertain, I guess more than contemplate. You can always
( contemplate things. But, I need to pass the item.
Mr. Jones: It still operated on... You still be required to operate on the
tentative budget that you passed before.
Commissioner Plummer: Of course.
Mr. Jones: So, I don't see how that really is going to affect. You could
always have a subsequent meeting and pass a final budget.
Commissioner Plummer: A final.
Mr. Jones: But, you are mandated to operate on something and of course, you
would have to - if you don't pass a final budget - operate on a tentative
budget until such time as you pass the final.
Commissioner Plummer: Absolutely.
Mayor Suarez: Oh, so you would... You would - your opinion is that we would
then be operating on a tentative budget until the final one is approved. So,
the City doesn't come to a screeching halt.
Mr. Jones: That's...
Mayor Suarez: Now, what about the Union contracts?
Commissioner Plummer: No.
66 September 27, 1993
Mayor Suarez: Does it make sense to approve or even contemplate approving
today - two year agreements with the - is it 3 or 4 Unions that are before us
today? Three?
Commissioner Plummer: Three, sanitation, we were told is not ready.
Mayor Suarez: OK. Does it make sense for...
Mr. Jones: I think... I think the better course would be to understand that
if you do vote on it, that whatever numbers that are affected by or that are
implicated by this agreement, they'll be subject to final budget been passed.
So, it may, I don't know, time wise, whether the agreement has to be ratified
today.
Mayor Suarez: I might be inclined Commissioners...
Mr. Jones: Yes.
Mayor Suarez: ...to hear on that score from the Unions. If they felt that it
made sense for us to at least consider today whether we are going to approve
what is recommended, that will give me a certain amount of consolation that at
least one side thinks that it is a useful exercise. Commissioner Dawkins.
Commissioner Dawkins: You know, I am glad. Don't leave, Charlie. I won't be
long, Charlie. I am glad that this has come about. Every year this
Commission has allowed Chief - I mean the Manager - to sit down with a
bargaining unit. And, whatever the Manager has told the bargaining unit, the
bargaining unit has gone back to its membership with this is it. Now, this is
the first year when we have sat down after, quote -unquote: "The bargaining
units." Sat down with the Manager and came up with whatever the hell is
acceptable to the Manager. But, this Commission has never, ever, before now,
demanded that the Manager tell us what he is doing. So therefore, now you
decide to ask the Manager what he is doing and you got a membership out there
voting on that that the Manager OK'd. And, I don't know what it is going to
do.
Commissioner Plummer: And, we had never even seen.
Commissioner Dawkins: That's right. See, but...
Commissioner Plummer: The first... Just for the record, Mr. Dawkins, if I
may.
Commissioner Dawkins: Yes, go ahead.
Commissioner Plummer: For the record, in case the Union members are not
aware, we had an executive meeting which is allowed by law last Thursday. Is
that correct, Thursday?
Commissioner Dawkins: Friday. On Thursday...
Commissioner Plummer: OK. The first time, that I saw a copy of the contract
was Wednesday afternoon at 5:00, five o'clock the afternoon before. It was my
understanding that this contract had been given to the unions to ratify a
67 September 27, 1993
vote - I think in one case I was told on Saturday - before we ever saw the
contract. Now, most cities around Dade County before the Manager sits down to
negotiate has a session with his Commissioners and asks his Commissioners to
set parameters. We were never asked. We were told. Now, I will say this for
the record, I don't have violent disagreement with the contracts. But, I do
have disagreements. And, for that reason I feel that it is only right that
you sit and you pass your budget first. And, then you talk to your contracts
after that.
Commissioner Dawkins: OK. Well, I don't have a problem with... I didn't
read anything but the fire contract. I don't have a problem with any of them.
I may have a problem with solid waste. But, the only problem areas I have,
you were not privileged to the meeting, I don't know what was told to you. I
got calls at my house that I was going to kill the firefighters agreement.
That's a total error. I asked the Manager to meet with you and to get an
explanation from me. And, I will tell you - number one is, the City
establishes a one time pool of 3,600 hours. I me-a,-i he has to tell me, why
must the City give three - 3,600? The Manager just has to explain that to me,
see. When in my - any union that I've ever been in - Union Members donate
time to the pool. And, that's how the pool is established. Now, but, the
Manager, see - and Shorty, the reason I have to do it like this is -to keep
from having the Manager say I violated the contract. The other area of
concern I have is with 18-A. In my opinion, 18-A is in direct conflict with
civil service rule 12-4 and 12-8. OK. Now, the Manager has to sit down with
the union and come up and tell me why we are going to eliminate the civil
service rule and put in that the Chief of - the Chief of the Fire
Department - is the one who hires people. I don't understand that. And,
then... then he told me, Charlie, I mean, Shorty - that this was the law of
the State of Florida. And, they have yet to provide me with that law.
Mayor Suarez: The... Yes, in fairness to Commissioner...
Commissioner Dawkins: That's the only complaint that I have.
Mayor Suarez: ...Dawkins, and so that everyone knows who is in that
particular Union that was present...
Commissioner Plummer: That's the same.
Mayor Suarez: ...the points that he brought up were all, I understood, taken
care of totally to his satisfaction. And, totally to the satisfaction of all
of us.
Commissioner Plummer: And, we got a - we got a memo to that effect. Excuse
me, that was in relation to fire.
Mayor Suarez: In relation to your contract.
Mayor Suarez: Totally to the satisfaction of all of us. So, I don't know if
that's...
Commissioner Plummer: The memo I got from the Manager and from Bryson
accepting those changes...
68 September 27, 1993
Mr. Shorty Bryson: Yes, sir.
Mayor Suarez: But, they require follow up. I don't know if because the
Manager is in still recovery. Is that correct?
Commissioner Alonso: He is going to be here in the afternoon.
Mayor Suarez: Do we expect him here in the afternoon?
Mr. Wally Lee (Assistant City Manager): It appears not at this time, Mr.
Mayor.
Commissioner Alonso: He is not?
Mayor Suarez: No?
Mr. Lee: I was just informed.
Mayor Suarez: But, the rest of those of you...
Commissioner Plummer: Not for what he's had.
Mayor Suarez: ...who are aware of those things that were brought by
Commissioner Dawkins and otherwise, maybe we can get that to him right quick.
Because, it might affect how we view a vote on your contract. Now, on the
other ones and all of them collectively, the three of them, and on the issue
of having no final approval - is it correct then of the appropriations
budget - is it correct then for on agreement that we would go with the
provisional budget? What is the term you used?
Mr. Jones: Tentative. Tentative budget.
Mayor Suarez: Tentative budget. And, that's a legal interpretation. So, we
would have something. Does it make sense for us to delve into approval and
maybe even by resolution?
Commissioner Plummer: Well, Mr. Mayor, can I try to help out here a little
bit? I made no bones about it the other day. And, I'll make no bones about
it now. The only problem that I have existing - I am meeting with Al Cotera,
and it is only because of time constraints of mine - in reference to the
police contract, in reference to take hone cars. That is my bugaboo. I have
no problem with the fire contract, I have no problem with the general
employees. We've not seen sanitation. My problem, and it's what I am going
to argue with Al about at lunch, and I would, out of nothing more than
courtesy, ask that at least I give the opportunity to Al and try to convince
me differently. I have a problem with every policeman, sworn officer, being
given a take home car outside of the City of Miami. Got a problem with that.
Now, Al says he can convince me that it is going to be a savings of money.
And, I want to give him that opportunity, OK. And, I am saying to you
whether you all want to sit in and hear it or not, that's up to you. But, I
want to hear it. And, as far as I am concerned, I think it is contrary to
what this Commission has been trying to accomplish for the past 3 to 5 years
of incentives for employees to live in the City. And, I don't even know the
boundaries. And, that's one of the things I've got to find out.
69 September 27, 1993
Commissioner Dawkins: OK. Well, I'll like to say, J.L., that 18-8 reads,
"Former Fire bargaining unit employee who left the employ..."
Commissioner Plummer: The rehire.
Commissioner Dawkins: "...of the Fire Department on honorable condition and
who has been approved by the fire chief, shall be placed on a re-employment
list provided the former firefighter, et cetera, and those who on rehire may
be hired by the fire chief." I've got a problem, OK.
Commissioner Plummer: That was changed.
Commissioner Dawkins: All right, all riaht. Now, the current 12.4 section of
the civil service board reads, "Resignations: any employee who resigns with a
satisfactory record of service may apply to his or her employing department to
be placed on a re-employment list. If the director of the employing
department indulges the request, said director may submit the request to the
Civil Service Board. If this request is approved by the Civil Service Board,
the director of human resources shall certify the name together with other
names certified under rule 8." Now, that's the one that has to be in this
contract. If I am to vote for it.
Commissioner Plummer: Where is the memo from the Manager?
Ms. Sue Weller: The September 24th memorandum?
Commissioner Plummer: The mew from the Manager changing the things he asked
for...
Ms. Weller: Right here.
Commissioner Plummer: ...and Bryson's acceptance of the changes.
Ms. Weller: It was...
Commissioner Dawkins: They didn't...
Ms. Weller: It was hand delivered to all the Commission office.
Commissioner Dawkins: Did you change 18-8 to conform with 12.4?
Ms. Weller: Commissioner, when we were discussing this on Thursday, the
concern was with approval of the City Manager and in discussing it with the
Fire Union they had agreed that that would occur and we followed that up with
the letter which you all have received a copy of.
Commissioner Dawkins: Miss, Miss... Are you saying to me...
Commissioner Plummer: No, I haven't received it.
Commissioner Alonso: OK. Ah...
Commissioner Dawkins: ...that you going to... Are you saying to me that you
are going to remove - no, let me rephrase this. Are you going to sit down
70 September 27, 1993
with the firefighters and attempt to delete 18-8 and reinsert section 4 of the
civil service rules?
Ms. Weller: No, sir. We have already sat down with them. And, have changed
it to the extent that we can change it.
Commissioner Dawkins: What do you mean that to the extent that you can't
change it? This is it.
Ms. Weller: That they have agreed to.
Commissioner Dawkins: Well...
Commissioner Plummer: Woa, woa!
Ms. Weller: The language, sir. The language in the contract.
Commissioner Dawkins: No, no, wait a minute. Hold it, hold it, see. You
see, here again, you are pitting me against them, OK. Is this the law?
Mr. Bryson: No, sir.
Commissioner Dawkins: Or the rule or whatever you all told me we had to have?
Mr. Bryson: No, sir. It is not.
Mr. Weller: There is a civil service rule...
Commissioner Dawkins: Wait, Charlie. Wait, hold it. Let me, let me...
Mr. Bryson: I've been waiting.
Commissioner Dawkins: But, see you weren't there. So, since I have to listen
to them, then you can straighten me out. Go, Ma'am. Go right ahead.
Ms. Weller: All right. There is a civil service rule - 12.4 - that talks
about re-employment.
Commissioner Dawkins: Yes, Ma'am.
Ms. Weller: All right. And, the language that we are putting in the labor
contract replaces the language in the civil service rule.
Commissioner Dawkins: Why?
Ms. Weller: Because during negotiations and because of other events that have
happened in the past as far as re-employment, the Union had requested that
that language be included in the contract, and we included it.
Commissioner Dawkins: And it never dawned on you that you were negotiating
the rights of management? That never dawned on you?
Ms. Weller: Commissioner, there... That language in the civil service rules,
other than one particular section, is being put into the contract.
71 September 27, 1993
f
Commissioner Dawkins: Is what now?
Ms. Weller: Is in the contract.
Commissioner Plummer: Did the Civil Service Board change it?
Commissioner Dawkins: But, all I am trying to... All I am trying to say to
you that evidently this was important also. So, somebody wanted it out.
Commissioner Plummer: They can't do that. They can't do that.
Commissioner Dawkins: OK, let me hear from... He's been here for a long
time. Let me, OK. Nov, go ahead Charlie.
Ms. Weller: Well, it is not uncommon...
Commissioner Plummer: Is it... Wait, excuse me.
Mayor Suarez: Wait, wait, wait.
Commissioner Plummer: Did the Civil Service Board address the issue?
Ms. Weller: This particular issue? No, sir.
Commissioner Plummer: Well, then how can we...
Ms. Weller: In this contract?
Commissioner Plummer: ...change it in the Union contract if the Civil Service
Board didn't recommend it to this Commission?
Ms. Weller: Well, it is not uncommon for issues in the civil service rules to
be...
Commissioner Dawkins: Negotiated out by the Union.
Ms. Weller: ...negotiated and placed into the labor contract.
Commissioner Dawkins: No, no, no. I am not going to let you do that. I am
not going to let you do that.
Mr. Bryson: Precisely.
Mayor Suarez: How does that work...
Commissioner Dawkins: Be negotiated out by the Union.
Ms. Weller: Depends on the subject.
Mayor Suarez: Wait, wait, wait, wait. If Commissioner... you inquired, and
now Commissioner Plummer, is now inquiring. We are going to follow some kind
of order here. And, he was inquiring of the Administration and she didn't get
a chance to finish.
72
September 27, 1993
Commissioner Plummer: The Administration, Mr. Mayor, you might recall, was to
provide each and everyone of us with a cost factor in relations to the take -
hone cars.
Mayor Suarez: Yes, another issue Commissioner Alonso wanted to raise...
Commissioner Plummer: I have never seen it.
Mayor Suarez: ...that. And, that is another thing.
Commissioner Plummer: Do we have that? And, I want to ask another question
in relation to that, which I didn't ask the other day. Are there any boundary
limits to take-home cars?
Ms. Weller: No, sir.
Commissioner Plummer: In other words, if they live in West Palm Beach, they
can take it home.
Ms. Weller: That's correct.
Commissioner Plummer: They live in Marathon, they can take it hone?
Ms. Weller: That's correct.
Commissioner Plummmer: Is there... What happens - are there any stipulations
relating to, as we knew with the original take home cars, that they could not
have a chargeable accident for twelve months?
Mr. Bryson: Hey, I am not getting off my contract.
Commissioner Dawkins: Uh-huh.
Commissioner Plummer: They could not have a negative DDRB (Department
Disciplinary Review Board) against than for twelve months. Is that in this
contract?
Ms. Weller: There is some language in the contract that specifies if there is
a preventable accident then, I believe, the officer cannot have a take home
car for six months.
Commissioner Plummer: And, then what does he do for that six months?
Ms. Weller: You would have to depend on daytime cars or eight hour cars
available for doing his work once he is in.
Commissioner Plummer: And, then what did you as a labor negotiator, determine
that that benefit is worth on a yearly basis?
Ms. Weller: The first year on the purchase of the cars...
Commissioner Plummer: No. It's not what I am saying. What is that benefit
is worth to the individual police officer? I am assuming you made a
determination. Because I was told that it was that in lieu of a pay -raise.
73 September 27, 1993
Commissioner Alonso: We were asked in the...
Ms. Weller: There was - they ended up giving up - or originally they had been
offered a one percent pay raise in October of 94. And, a one percent pay
raise in April of 95. And, that was given up.
Commissioner Plummer: The way I... OK, let me come at it a different way.
The way I am looking at it, that benefit is got to be worth to an individual
PO (Police officer) five thousand a year.
Ms. Weller: Uh-huh.
Commissioner Plummer: OK. Now, was there pay - the bonus that they would
have received if that had not been the given benefit - was that equivalent to
5,000 a year?
Ms. Weller: I'd have to pull those figures, Commissioner. I can get with you
afterwards.
Commissioner Plummer: Well, I'd like to know before lunch when I sit down
with him.
Ms. Weller: No, I can get you that.
Vice Mayor De Yurre: No, how do you come up with...
Commissioner Plummer: Because, I...
Vice Mayor De Yurre: ...how can you up with that 5,000 figure?
Commissioner Alonso: How much is the cost?
Commissioner Plummer: Well, what I am saying is 5,000 a year is simply based
upon insurance, if they had to have their own car - it would be roughly 2,000
a year.
Vice Mayor De Yurre: Yes, but you are talking about... When they take their
cars home, they don't go around driving around in the police car.
Commissioner Plummer: They are able to if they wish. OK. There are no
restrictions on it.
Mr. Lee: No, Commissioner.
Commissioner Dawkins: Yes...
Commissioner Plummer: OK.
Ms. Weller: Only if they are in the City limits.
Commissioner Plummer: It still...
Vice Mayor De Yurre: I mean like... Are you telling me...
74 September 27, 1993
i
Commissioner Dawkins: No, hold it, hold it.
Vice Mayor De Yurre: ...are you telling me that I'm going to go home.
Commissioner Dawkins: Hold it, hold it. May I catch up one minute, sir.
Commissioner Plummer: Sure.
Mayor Suarez: Do you yield to Commissioner Dawkins?
Commissioner Plummer: Yes.
Commissioner Dawkins: What is the advantage of a policeman having a vehicle
where you want high visibility, you want the vehicle seen, you want the
officer seen. What's wrong with the officer going to Publix?
Commissioner Plummer: I don't see a thing wrong with it. And, I didn't know
there was such a restriction. OK.
(APPLAUSE)
Commissioner Plummer: My problem, Mr. Dawkins, is what good is it at the
Publix in West Palm Beach? OK.
Commissioner Dawkins: Then he protects the people at Palm Beach.
Commissioner Plummer: Now, my point to answer Mr. De Yurre, if I may,
insurance on a vehicle roughly runs $2,000 a year. The lease on the car is
got to be in the neighborhood of $3, 000 a year. And, that does not include
any maintenance, oil, gasoline, whatever else expenses there are. I am saying
$5,000 is without - in my estimation - is a conservative number. Now...
Vice Mayor De Yurre: Yes, but you know, J.L...
Commissioner Plummer: ...my basic problem, Victor. The money is one thing
and I'll listen to the numbers from now. But, the real problem that I have is
that we started takehome cars to put a presence in the City of these police
cars. And now we are going to say - hey, we are not going to give you an
incentive to live in the City. We are going to let you take the car home
regardless of where you live, without even a boundary limit of say 60 miles
from the City or whatever millage from the City. And, I personally have a
problem with that. And, I've said that before and I'll say it again. So, you
take it from there. Mr. Mayor, I am ready to vote this afternoon after budget
on fire. I have gone through it. I have no problems. Shorty, that's the
reason when you called and...
Mr. Bryson: J.L., can I just be heard before you say anything...
Commissioner Plummer: ...said if I had any problems, I didn't call you back.
Ms. Bryson: ...and there is a positive statement. Could I just make one
comment?
75 September 27, 1993
Vice Mayor De Yurre: Shorty, Shorty, cause I got cut off and I haven't been
heard. I stated...
Mayor Suarez: Well... Yes, and actually as we have the rule hear about
momentum been on your side there. Maybe Al is the one that should be up there
at this point. But, we are going to clarify everything before the end of the
discussion. If you want to add anything, you are welcome to it.
Mr. Bryson: Yes, sir. Thank you.
Commissioner Plummer: He'll get... He'll get a shot at me at lunch, Mr.
Mayor.
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor De Yurre: Yes, going back... Going back to the cars...
Commissioner Plummer: Yes, sir.
Vice Mayor De Yurre: Do we provide gasoline also?
Commissioner Plummer: We provide all expenses for the car, tires, gas, oil,
whatever the norm is.
Mayor Suarez: Well, but you have... You, yourself has put a...
Vice Mayor De Yurre: Uh?
Mayor Suarez: ...hypothetical here that the Vice Mayor very well ought to
inquire about it and make sense. If you are saying that the cars can be taken
any old place and not just to be used to drive to work and back, then
obviously some limitations has to be placed on the maintenance, gas and...
But, by the way, why are we even discussing this? So far, the issue of the
takehome cars for police officers who don't live in the City, folks, that
issue - the instruction - to the Manager was to renegotiate that issue, Al. I
mean, I should tell you frankly, I don't believe there was any discrepancy
among us on that. If there is - and if this is the appropriate place to air
it - I don't know. But, I mean... That's the way I understood the executive
session to come out. Mr. Vice Mayor did you...
Commissioner Alonso: I asked at that meeting to have a memo with the
information of the cost to the City. Do you have it?
Mayor Suarez: That memo has not been received.
Ms. Weller: That memo is still been worked on.
Commissioner Plummer: Excuse me, from Thursday until today and that memo is
not completed.
Ms. Weller: We are still gathering the information. It should be finalized
soon.
Commissioner Plummer: How much... What information are you gathering?
76 September 27, 1993
Commissioner Plummer: Forget it. I can't believe that it takes you that long
to put a memo together if you wanted us to have the memo.
Mayor Suarez: All right, let's do a quick recap here. And, then if the
unions want to address all of these or Commissioners. We've got as an
overwhelming, overriding concern here, whether we can agree today on anything
given that we have an indication that we don't have the majority in the
appropriations ordinance. We have to get cross that hurdle at some point,
hopefully today.
Commissioner Plummer: But, wait a minute. Does Victor want to bring up his
proposal? Because, I am all for that.
Mayor Suarez: OK.
Vice Mayor De Yurre: Which one is that?
Commissioner Alonso: Which proposal?
Commissioner Plummer: Well, I guess I can say it in public. If you want to
give them incentives, let them have $5,000 towards there house, or there
moving into the City...
i
Vice Mayor De Yurre: Oh, that one.
Commissioner Plummer: ...and a police car. I'm all in favor of that.
Vice Mayor De Yurre: Well, that's... You know, the issue is about residency
and we have talked about this before. Since he really wants to give an
incentive give...
Commissioner Alonso: They say they there is no credit to do that. They...
Vice Mayor De Yurre: ...give City employee like a $5,000 bonus towards the
purchase of a home in the City.
Commissioner Alonso: ...that will take a while and it cannot be tied.
Mayor Suarez: It may be that in the effort for us to keep you having an
incentive to live in the City, Al, you may get a whole menu of proposals...
Commissioner Plummer: No, Al...
Mayor Suarez: ...which if I were you I wouldn't be so upset about. So, we've
got...
Commissioner Plummer: Al, does live in the City. He's got no problem.
Mayor Suarez: ...OK. So, we've got... well, you are members. You got that
issue pending. We got the issue of Commissioner Dawkins'. What I thought
were r_larificatory concerns that were going to be resolved. And, of which I
remember at least two parts...
77 September 27, 1993
{
1
'
Commissioner Plummer: Can somebody give him a copy?
Mayor Suarez: ... one is the fact that the agreement calls for a three year
re-employment right. And, the existing civil service rule only asks two
years. The other one is the fact that the civil service rule calls for
approval to be done ultimately by a Civil Service Board. And, presumably
finally by the Manager, who has to approve everything. Whereas, the agreement
mentions the chief. And, what was the third part of that?
Commissioner Dawkins: That's all.
Mayor Suarez: That's it. And then, finally, we don't have these figures on
the alternative cost of trying to provide some other kind of incentives to the
police officers to drive cars in a way that somehow also gives them an
incentive to live in the City. As opposed to all the scenarios that are been
brought up that are very very problematic of cars been driven into other
counties and what their cost that may create for the City. And, what counter-
incentives that creates. So, we have those three things pending. In view of
those three things...
Commissioner Plummer: There was one other that I had asked for information on
in reference to the cars. How many of them would be identified as police
cars? And, haw many of them would be plain clothes? We also, Mr. Mayor,
spoke - you spoke to the other issue. You want to bring that up?
Mayor Suarez: Which?
Commissioner Plummer: The five years.
Mayor Suarez: Yes, yes, yes, yes. That was what the figures were supposed to
ask about.
Commissioner Plummer: That was...
Mayor Suarez: We, at this Commission, in a moment of recognition of a great
tragedy that we have with one of our officers, went to - I think - an extreme
rule of saying that automobiles ought to be rotated on a two year basis. And,
we were ready to negotiate to the extent that that is even part of your
contract. An extension of that to a more reasonable period of time. And, in
the process save money too. Which might be useful then for all these bonuses
and all these other things. When you nod your head, Al. Can you come up to
the mike real quick for a second. Shorty, you are in better shape there.
So... I don't mean physically, necessarily. Although, that may also be true.
Al.
Mr. Cotera: I don't know how you got from...
Mayor Suarez: Are these things been negotiated...
Mr. Cotera: ...his problem there.
Mayor Suarez: ...as we speak? Is that why you are nodding? Does that mean
that you think that things are moving well? - Or you just like what you are
hearing this morning, or what?
78 September 27, 1993
Mr. Cotera: Sir, I feel very confident that I have the three votes on that
Commission, number one, on the entire contract.
Mayor Suarez: All right.
Mr. Cotera: Like the rest of the union presidents do. I think that all of
the issues - all of the concern that you have brought up - if you would afford
me the opportunity, I will show you that there is tremendous cost savings to
the City. In order to balance out the issue of residency, we have offered and
given residency for all new hires, which means that you can now...
Mayor Suarez: I believe that's in all three contracts, is that correct?
Ms. Weller: It's correct.
Mr. Cotera: ...start taking them all away. That is included in the contract.
Commissioner Plummer: But, that's... How can they do that? That's not their
prerogative, that's this Commission's prerogative.
Mr. Cotera: There are certain limitations on the usage of the vehicles and it
will strictly be portal to portal...
i
Mayor Suarez: Yes, the problem is we cannot negotiate that with you. I just
wanted to make sure that we were still making progress.
Mr. Cotera: I am just pointing out what is in there. I am not negotiating
with you all right now. I am just pointing out that it's there.
Mayor Suarez: OK.
Commissioner Dawkins: But, Al, please tell us that we directed you and you
worked with the membership to get people into the City of Miami.
Mr. Cotera: Right now, you have...
Commissioner Dawkins: OK, hold it. Just answer yes or no.
Mr. Cotera: Yes, sir.
Commissioner Dawkins: Now, how many times did you and I go to the Chief of
police telling the Chief of police how many vehicles you needed because we had
people in the City and we couldn't get them?
Mr. Cotera: I currently have 20 that are still on line.
Commissioner Dawkins: Sir?
Mr. Cotera: I have currently 20 that are still waiting.
Commissioner Dawkins: And, that's down from a high.
Mr. Cotera: From a high, of say, 60, 60 something.
79 September 27, 1993
i
Commissioner
Commissioner
Dawkins: All
right. So, you see,
this Commission, in its
infinite wisdom sits here,
makes decisions, tell
the Manager what we want
done. This
guy goes out, convinces his membership,
if you do this, I will do
this. And,
every ti,-me this
man comes before me or
the Manager, and how many
new cars we
see sitting over
there the last time we
went over there?
Mr. Cot.era: I think right now, well, we brought in 130.
Commissioner Dawkins: And, we can't get...
Mr. Cotera: A hundred and seventy, 170.
Commissioner Dawkins: ...twenty cars to give people who this Commission
promised. If you move in the City, you will get a car. And, the Manager and
Mr. Williams find a reason not to give it to them.
Mayor Suarez: Mr. City Attorney and Mr. Assistant City Manager and Shorty,
you might want to add.
Mr. Bryson: Please let me talk, Mayor.
Mayor Suarez: All right, you are the closest... You and Charlie are closest
to at least - the way I understand it - to an agreement. So, if you want to
speak why we should try to proceed to that.
Mr. Bryson: Yes, I think I might be able to help with some of the questions.
First of all, in three days our contracts expire and they continue in force
until we negotiate a new one. But, my point is for the first time in 20 years
that I've been on the job, we have a contract before the deadline. We have
continually fought over retroactive benefits and pay every time we sign a
contract after the expiration of the other contract. My members are here
today. They want to hear the contract settled. It is not a big contract.
J.L., on your issues about the budget. You constantly approve agreements that
are two and three years .long. The budget for the second and third year
haven't been approved yet. And in this case, I haven't heard anybody say that
they had a problem with the economics of the contract. Therefore, I knew you
have seen the budget. I think that ours fits within the budget. I support
the police and their cars. At the same time, I don't want to hinge my
contract upon theirs. I would like to go ahead...
Mayor Suarez: Somehow I had a feeling that you were going to say that.
Mr. Bryson: Well, I think that everybody up here has said, "Hey, I don't have
a problem with your contract." Miller's issue...
Mayor Suarez: We understand. We negotiate with you individually. You try to
help each other. But, in the final analysis you've got to...
Mr. Bryson: Well, I'm with them. And, I am going to support them. But, in
section 18.8 of my contract, we continually can negotiate issues that overlap
into civil service. And, the contracts exceed those rules.
Mayor Suarez: OK, the contract supersedes anything that the civil service
rules.
80 September 27, 1993
Mr. Bryson: Yes, sir. It does.
Mayor Suarez: And, I believe frankly that Commissioner Dawkins' concern were
resolved in the executive session.
Mr. Bryson: Well, we did write a memo about that.
Mayor Suarez: I really believe that. I didn't know that today.
Mr. Bryson: And, the second thing is the 3 years versus 2 years? That's a
state law now. They just up it from 2 to 3 to keep your certification.
Mayor Suarez: All right, that also was clarified and your point is well
taken. OK.
Mr. Bryson: I would like to have a vote. You know - of course - if I am
going to lose it, I'll wait.
Mayor Suarez: Well, but we may be able to do something. We may be able to do
something on that. Charlie, did you want to address the issue real quick?
OK, Charlie bites his tongue and otherwise is ready to accept whatever this
Commission, quoting Commissioner Dawkins, in its infinite wisdom decides.
Wish we did have infinite wisdom. Suppose, Mr. City Attorney, that we could
otherwise - we'll take care of your concerns in a second - suppose that we
would otherwise be satisfied, Commissioner Dawkins, on the wording changes,
related to the Fire Department's... Fire Unions contract. Commissioners
Alonso's concerns about the economic impact of the various things offered to
the police department by way of takehome cars. Suppose for example, on that
score, Al, that we were to say, well, whatever quantitatively works out to be,
that incentive program. I think that that's what Vice Mayor was heading
toward. Whatever that quantitatively turns out to be, let's figure out a way
to build that into your contract as an inducement. But, not in the form that
it was presented to us. Because it really does go counter to something that
we've been deciding for a long time. But, we don't want to deprive you of
that. Apparently, it was part of the deal and God ]maws that we'd like to
reward our police officers. Times are a little rough out there. So,
supposing all of that. Does it make sense for us, let's say, let's to table
the item until the afternoon with the expectation that Commissioner Alonso's
figures are given, which are also a concern of the rest of us. Commissioner
Dawkins wording is worked out. And, then Commissioner Plummer's intended
negative vote on the budget, which...
Commissioner Plummer: On appropriations.
Mayor Suarez: ...on appropriations, which accompanies two others who have so
far voted against. I think Commissioner Alonso and Dawkins, I believe. That
that does not vitiate this whole process. And, you are saying that it does
not. Really, I mean, that we can enter into an agreement...
Commissioner Alonso: Subject to.
Mayor Suarez: ...subject to.
81 September 27, 1993
Commissioner Plummer: With these people?
Mayor Suarez: With the Unions.
Commissioner Plummer: Mr.. Mayor, excuse me. As long as we appropriate the
millage, we can enter into with the Unions if there is not any major changes.
Now, I'll tell you where I am coming from this afternoon...
Mayor Suarez: Do your concerns about the appropriations budget affect the
Union contracts, as you see it?
Commissioner Plummer: It could.
Mayor Suarez: OK, good.
Commissioner Plummer: Now, only to this extent. It will be my thrust this
afternoon keep the millage as it is, but, to try and cut and establish a
larger contingency fee or the - what do you call that?
Mayor Suarez: Contingency Raid or the reserve fund.
Commissioner Plummer: Reserve fund. OK. My neighbors are telling me one
thing, Mr. Mayor. And, I am assuming that they are telling you the same. I
don't mind paying a little bit more taxes if I get the better service. And,
that's where I think that we need to cane from. This Commission has spoken
day in and day out in reference to deployment of the Police Department. As I
rode here this morning, the Police Department was three pages behind on calls.
Now, I... you know, I'm not going to go into it again. I've said it time and
time and time again. I met with the Chief. But, what I am saying to you is I
think we need to establish a larger trust fund - or whatever that contingency
fund is. And, that will be by thrust this afternoon. To try and save in
particular areas and put it into a contingency fund. That's were I will be.
Mayor Suarez: I'm inclined, in view of what has been said, and unless the
City Attorney otherwise suggests, that this is a futile exercise, to table the
item until the afternoon in the hope that his wording concerns, her
quantitative reviews of the impact of the police take-home car program, the
Vice Mayor's idea of going, maybe, to the same incentive package, but with a
different approach, which would be quite, quite desirable from my perspective
because it really does seem to be counter to what we are saying.
Commissioner Plummer: Well, so that I don't get sidetracked...
Commissioner Alonso: They still don't have the numbers? Because it's
incredible to see that the Administration has discussed this contract without
looking at the numbers. I am sure they have the numbers. They must be
available. Do you have them?
Commissioner Plummer: Well, and I would like to know what it equates to an
individual officer...
Mayor Suarez: Right.
Commissioner Plummer: ...as far as a benefit is concerned.
82 September 27, 1993
4-4
Commissioner Alonso: it's reasonable to say about $5,000.00. It seem to
be...
Mayor Suarez: The reason... Yeah, that's the kind of the marker out there.
Commissioner Alonso: Yeah.
Mayor Suarez: Would you be in a position of getting those for us by the
beginning of the afternoon?
Mr. Lee: Yes, yes, Mr. Mayor.
Mayor Suarez: All right, very good. And, so this item apparently would be
taken off. It is conceivable too that Commissioner Plutmier's appropriations
concerns could be resolved between now and then. If you put forth a motion,
- Commissioner, that specifically modifies the prior reading of the
appropriations budget with what you are interested in doing. It might just
gain...
Commissioner Plummer: Mr. Mayor, I was hoping...
Mayor Suarez: ...it might just gain the support of the majority here. And,
we might be able to pass an appropriation budget today.
Commissioner Plummer: ...I was hoping, sir, to come up with a percentage
which would apply across the board. That would not necessarily mean that that
department was going to be penalized that amount of money.
Mayor Suarez: I got what you are saying. All right, what...
Commissioner Plummer: But, it would be that that department was going to have
to justify...
Mayor Suarez: Mano...
Commissioner Plummer: ...the need for additional.
Mayor Suarez: ...put, your brain to work on this. I think what he is saying
is rather than go to one of this ridiculous, you know, every month re -
approvals of the budget, whether that is even legal. And, of course, it would
be with the potential harmful impact that that has on Union negotiations and
making a contract that is conditioned on monthly approvals of the budget.
That's just the worst of all worlds. What I think he is saying is: suppose we
wanted to earmark some percentage of the entire budget to be kept in a fund
until we can see what savings we can create. And, supposing that percentage
was something that would not impede us from moving forward not only with our
normal operations but also with the Union contracts.
Commissioner Plummer: And, that department head would have to come before
this Commission and justify the need for those funds to be released to him, or
this Commission would not approve it.
Mayor Suarez: Mr. City Attorney, I don't know if that can be done...
83 September 27, 1993
Commissioner Plummer: Oh, we can do that easily.
Mayor Suarez: ...on the second reading of the appropriations ordinance. But,
if at least we can quantify it that way and we convince Commissioner Plummer
to make that a reasonable percentage, I can see it being in the two and a half
percent range. You are saying one percent. Two and a half percent is still
five million dollars.
Commissioner Plummer: In the spirit of negotiations, I'll ask to begin with
six and I know I got to negotiate down.
Mayor Suarez: All. right, so we are somewhere between one and six. And, I am
saying two and a half percent. And, that's another five million dollars plus
to go with what we've got in the reserve fund. And, that begins to get us a
little closer to some kind of a rainy day account, folks. The way I think our
bond rating agencies have suggested. I think they suggested figures in that
vicinity, if I don't...
Commissioner Plummer: What the hell is that trust fund...
Commissioner Alonso: May I ask a question to Al Cotera? How many police
officers live outside Dade County?
Mayor Suarez: You have...
Commissioner Alonso: Do we know? Do you have that information?
Mayor Suarez: ...a figure of your membership at least, if not, the total of
the Police Department, at least for your membership.
Mr. Cotera: I believe it is somewhere around 50 to 60.
Commissioner Alonso: Fifty to sixty outside Dade County?
Mr. Cotera: Outside Dade County, up in Broward.
Commissioner Plummer: What was the question?
Mayor Suarez: How many...
Commissioner Plummer: How many...
Commissioner Alonso: How many members of the Police Department will -
presently live outside Dade County?
Mr. Cotera: I don't think I have any that live in West Palm. I don't think
that I have any that live in Monroe.
Commissioner Plummer: Oh, I though that 60 percent of there lived out of the
City of Miami.
Mayor Suarez: But, she was asking about Dade County, which is another
relevant question.
84 September 27, 1993
Commissioner Alonso: But, she is asking how many live outside of Dade County.
I said fifty to sixty.
Commissioner Plummer: Oh, OK. So, what you are saying is roughly 40 percent
live...
Mr. Cotera: No, no, no. Fifty to sixty police officers... individuals, I am
saying. Not percentage wise, live in Broward, South Broward.
Commissioner Plummer: Live out of the County.
Commissioner Alonso: Yes.
Commissioner Plummer: Out of the County?
Mr. Cotera: Yes.
Mayor Suarez: It is hard to envision, frankly...
Mr. Cotera: I also have the highest number of police officers that have ever
lived in the City since 78.
Commissioner Plummer: Well.
Mayor Suarez: Yeah, the trend... The trend is favorable.
Mr. Cotera: Live there now.
Commissioner Plummer: Al, am I not mistaken that 60 percent - I think it is
of all employees, I don't think it's just the Police Department, sixty percent
of the employees live out of the City of Miami. I think that's a correct
statement.
Mayor Suarez: The other way to look at that is that 40 percent live in the
City. All right...
Commissioner Alonso: Yeah, but thinking about Dade County and...
Commissioner Plummer: Yeah.
Commissioner Alonso: ...and police cars, you know it does help.
Mayor Suarez: A cup half full and a cup half empty, folks. All right. Have
I misstated anything, Mr. City Attorney, so far? So tabling with those
expectations might make some sense and it means a lot of work between now and
then. But, as Shorty said - and one of the nice things that has been said
here today - is that for 20 years we have not had renegotiations of contracts
before the expiration of the prior one for the whole City. And, as it
happens, we probably are going to have to resolve this issue of the
appropriations to the satisfaction of my colleague on the left, not
ideologically on the left, just physically on the left.
Commissioner Plummer: Thanks.
85 September 27, 1993
Mayor Suarez: Before September 30th, in any event, bec-iuse I hate to take the
City until October without a - I think that speaks for all of us up here - I
think it would be, it would be just not...
Commissioner Plummer: Mr. Mayor, I would like to make a motion...
Mayor Suarez: ...propitious circumstance, yes.
Commissioner Plummer: ...whether I make the motion now or later, it doesn't
address the Union contract. Well, it does, yes, I am sorry. That never again
will the City Manager, whoever he might be...
Commissioner Alonso: Or she.
Mayor Suarez: Or she.
Commissioner Plumper: ...or she, will never enter into negotiations without
first the Commission setting the parameters. And, I offer that in a form of a
motion.
Mayor Suarez: So moved. As a statement of policy, Mr. City Attorney...
Commissioner Plummer: Yes, of course it is policy.
Mayor Suarez: ...are we OK on that?
Mr. Jones: It's fine.
Commissioner Plummer: We have the right to set policies.
Mayor Suarez: OK, so moved. We have a statement of policy, I don't think
anybody up here disagrees with that at all. In fact, I think it would have
helped all of this process enormously if he had.
Commissioner Alonso: Yes.
Mayor Suarez: Moved and seconded. Any discussion? If not please...
Commissioner Dawkins: Hold it, under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: There again, this Commission sits up here and just make
a lot of noise. Every time there is a hot issue, this Commission goes on
record and that's as far as you go. Last year this Commission voted five to
nothing passed a resolution that the Manager must bring us the budget by the
end of July.
Commissioner Plummer: Fifteen.
Commissioner Dawkins: We did that. And, then the Manager is going to come up
and tell me he had Hurricane Andrew, and his sister had an amputation, and we
still did not get it. Now, you are sitting up here again making another one
86 September 27, 1993
of these smoke and mirrors decisions and nothing is going to happen of it. No
further discussion.
Mayor Suarez: OK, on motion...
Commissioner Plummer: Well, wow, wow, wait now. Wait, there is further
discussion.
Mayor Suarez: This statement of policy. It's a statement of policy, it is
self-evident.
Commissioner Plummer: And, I don't have to defend the Manager, who is not
here.
Mayor Suarez: I beg and plead with you, with the kind of day that we've got.
Commissioner Plummer: No, let's put it on the record because...
Mayor Suarez: All right.
Commissioner Plummer: ...it's in an adverse position. It wasn't just a
Hurricane Andrew, it was also an assessment roll that we didn't have that the
City took a beating of 388 million dollars less. It was now the gas tax and
there was one other major issue that came about that threw the budget
completely out of Kilter that the Manager had to go back - Mano, what was the
other item? It was one other item beside Andrew.
Mr. Surana: It was property tax.
Commissioner Plummer: Well, the property tax, the assessment?
Mr. Surana: Property tax, yeah.
Commissioner Plummer: There was a number of issues in which...
Mr. Surana: The pension.
Commissioner Plummer: ...in which - let me say to you and you will recall -
the Manager said that he would have us the budget...
Mr. Surana: Pension.
Commissioner Plummer: ...Pension. OK. And, the Manager had to go back and
completely rebuild the budget. I am not defending him. He is a big boy. He
can defend himself. But, I think there were outstanding issues that had to be
resolved. And, that's why we didn't get the budget.
Commissioner Plumuer: Mister... Mister...
Commissioner Plummer: Not that we sit up here and make smoke in mirrors. We
still want it...
Cannissioner Dawkins: Mr. Plummer.
87 September 27, 1993
Commissioner Dawkins: I could agree with you if what you were saying was to
the point, OK. All of these things that you've mentioned, not a one of them,
did the Mayor have - I mean... And, I am not personalizing the Manager. I am
talking about the Manager's budget staff.. Not one of those did you have a
contingency plan in place where none of these other things occurred the budget
could go on with this one contingency. All of these are projections. And,
therefore, with knowing that these things were going to come about, you should
have had budget "A," where if this happens and we don't get this money, we put
budget "A" in place. If this... here is budget two. If this happens... if we
all get this, then budget two is the one you are going to put in place?
Commissioner Plummer: Yes. Yes.
Commissioner Dawkins: And, budget three? You should have - should have
contingencies with which to fund the budget.
Commissioner Plummer: That was cut four million.
Commissioner Dawkins: Don't sit here and tell me that because of Andrew that
was the only contingency and we did not have a contingency.
Commissioner Plummer: Let me give you the third one...
Commissioner Dawkins: OK.
Commissioner Plummer: ...because you were part of the vote, I just
remembered. Three members of this Commission, I won't name but I didn't
disagree with them, voted to knock out over four million dollars in the budget
called the garbage increase. And, that's after the budget had been prepared,
had been surrendered to the Budget Department... That was a four million
dollars item that the Manager had to go back and renegotiate in the budget
thing.
Commissioner Alonso: The Manager told us he found additional sources of
funding and there was no need for the increase.
Commissioner Plummer: No, excuse we. He told us at the time...
Commissioner Alonso: I have it here or in my office, I'll give you a copy.
Commissioner Plummer: ...that that four million dollars was built in - you...
Commissioner Dawkins: Where did it come from? I mean, where is... When did
we...
Commissioner Plummer: Miller, the Manager told you...
Commissioner Alonso: Mano, how did he find four million, almost four million,
get on the mike and tell the Commissioner, please.
Commissioner Plummer: ...you asked him... You ask the Manager...
88 September 27, 1993
Commissioner Dawkins: Go right ahead, Mr. Plummer.
Commissioner Alonso: In this magic system that we have. Please get on the
mike and explain to the Commission.
Commissioner_ Plummer: ...that the budget as it was prepared...
Commissioner Alonso: If wee found the four million. Did we, Mano? On the
record, please.
Commissioner Plummer: ...include the garbage tax, and the answer was yes.
Mayor Suarez: My colleagues to my left, the City Clerk is going to have the
worst time ever in history in trying to transcribe this. So, we need to speak
one at a time. Although, it was kind of interesting there, the two of you
going out and...
Commissioner Alonso: Yes.
Commissioner Dawkins: OK.
Commissioner Alonso: It's important... It's important, Mr. Mayor that he
states that...
Commissioner Dawkins: I... I ask...
Mayor Suarez: Wait, wait, Commissioner, please. Commissioner Alonso.
Commissioner Dawkins: OK. Right.
Commissioner Alonso: ...for the record. It's a clarification that the City
Manager found additional sources of revenue. I believe it was three or four
millions, if I am not incorrect. And, therefore, he stated that there was no
need to increase the garbage fee. I was amazed, but pleasantly surprised.
Would you state that for the record that indeed we got that memo from the
Manager.
Mr. Surana: Right before budget was adopted, we got some additional moneys
from gas tax and the CDBG (Community Development Block Grant) which was used
not to...
Commissioner Alonso: So? We found the money. So, magically found the four
million dollars.
Commissioner Plummer: Very simply then, the question was asked: does
elimination of an increase in garbage fee alter the budget? And, the answer
was yes. We don't disagree.
Commissioner Dawkins: The statements being made...
Commissioner Plummer: Are to the point.
Commissioner Dawkins: ...they may be to the point. But, they are not exactly
what was said. And, in the black community, we call that bending the truth.
89 September 27, 1993
OK. Now, what was said to the Manager was: Sir, over the years you've
attempted...
Commissioner Plummer:
Go drag his butt out of the hospital.
Commissioner Dawkins:
...to raise the garbage fee and over the years it has
been traditional that
three members of this Commission refuse to raise garbage
fees.
Commissioner Plummer:
That's right. You said it.
Commissioner Alonso:
But, it is not me.
Commissioner Dawkins:
So, therefore, is your budget predicated on that which
you know we will not do? And, that's what was said.
Commissioner Plummer:
And, the answer was yes. And, three votes told him to
go back and redo it.
And, that's what he did.
Mayor Suarez: Right.
Commissioner Dawkins:
Well, he had no business putting an ordinance...
Commissioner Plummer:
I agree with that point.
Commissioner Dawkins:
...Well, they I don't think that...
Mayor Suarez: And, then the money... And, then the money did sort of just
sort of appear...
Commissioner Plummer:
Don't make him look good.
Mayor Suarez: ...you
know, from a rabbit in the hat and all of that.
Commissioner Plummer:
I sure hope he is not watching television Channel nine
at the hospital.
Commissioner Dawkins:
I hope so. And, I'll be his lunch.
Mayor Suarez: Items...
Commissioner Plummer:
i
He'll have a cardiac arrest.
Mayor Suarez: ...18,
19 and 20 are tabled until the afternoon. Mr. Assistant
City Manager, City Attorney...
Mr. Jones: Yes, sir.
Mayor Suarez: ...and all those people helping in all of these. Please move
very quickly, it would be a really nice thing to be able to accomplish this
today.
Vice Mayor De Yurre:
Mr. Mayor.
90 September 27, 1993
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor De Yurre: Would it be appropriate, going back to this incentive of
having people move into the City, this five thousand dollar concept that we
are talking about. Or, maybe having a poll made or contacting those that live
outside the City... City employees... see if this would be something that they
would be interested in.
Mayor Suarez: Yeah, except that you wouldn't be able to do that during the
course of today.
Vice Mayor De Yurre: No, no, I am saying, no, I am saying...
Mayor Suarez: But, if it was built in as an option... If it is built in as
an option, sure.
Vice Mayor De Yurre: ...and, I am talking about every employee. Not just the
Union members.
Commissioner Plummer: I think it is an incentive.
Mayor Suarez: Are we - Mr. City Attorney - are we precluded, let's say, Vice
Mayor want to tall: to the Unions or are any of the rest of us on what that
parameter - what the parameters might be of that substitute incentive plan?
Commissioner Plummer: Why don't you just have the Union president ask his
members what to respond.
Mr. Jones: Well, I think you ought to just (unintelligible) whatever
discussion is going to be between the Manager's staff and the Union
representative.
Mayor Suarez: You think that's the more appropriate way. OK, so will convey
that to the Manager's staff to the Union head in the intervening hours.
Commissioner Alonso: And, this of course, is available to every employee of
the City of Miami.
Vice Mayor De Yurre: And, also it will be applicable to everyone.
Commissioner Plummer: Of course.
Vice Mayor De Yurre: Not just union members.
Commissioner Alonso: Yes.
Vice Mayor De Yurre: It will be something available to anyone that wants to
take the opportunity.
Mr. Cotera: Mr. Mayor, for the benefit of the - both the fire fighters,
police officers and the general employees that are here today waiting on their
contract - could you make these the first items in the afternoon?
Mayor Suarez: Yes.
91 September 27, 1993
Mr. Cotera: Because, we if we haven't settled this by lunch...
Mayor Suarez: Yes, if you think that's an appropriate amount of time. I
mean, this is going to be a lot of work to be done between now and 2:30.
Mr. Cotera: ...I don't think we are going to settle it. The other...
Commissioner Plummer: Al, at my request it would be after 5:05. Because,
that's -- you know, we can't handle budget until then.
Mayor Suarez: OK, yeah. And, that way we can get his budget situation
resolved. And, it is too optimistic to expect to solve it at 2:30.
Otherwise, we are heading into special sessions in the next few days both on
the issue of appropriations and conceivably on the issue of the Union.
Mr. Cotera: The other thing, so that no one goes to lunch thinking something
that is impossible. Our contracts have been ratified by our memberships...
Mayor Suarez: I have a feeling that whatever happens...
Mr. Cotera: ...the only thing that you would be able to do - and on the
pessimistic side - is vote this contract down.
Mayor Suarez: All right.
Mr. Cotera: And, that has never happened in twenty years, either.
Mayor Suarez: OK. How do you take this to your Union membership and get them
to approve is something that you've got to decide, Al. But, this Commission
has to act according to what we think is good policy. And, I am sure that you
can figure out a way to get some approval if it's the right contract. OK.
The items are otherwise tabled. Charlie, did you want to address that?
Commissioner Plummer: No, let me ask on the record, excuse me, Charlie. How
can the Union take a contract to its members that the Commission has not
approved?
(INAUDIBLE BACKGRO M CMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: I am asking for legal purposes.
Mr. Cox: I'll give you that.
Commissioner Plummer: I mean, to me it is not a contract until this
Commission...
Commissioner Alonso: Yeah, but you get their approval to know that that is
exactly what they want...
Mayor Suarez: Does it usually work that way? I mean...
Ms. Weller: Yes, it always works. It is...
92 September 27, 1993
Canmissioner Alonso: ...so you bring that for final approval. If you don't
have their approval, you don't represent them.
Ms. Weller: ...you negotiate...
Commissioner Plummer: But, what Al just said was that if we don't agree...
Commissioner Alonso: Is that the one that was suppose to be?
Commissioner Plummer: ...then we've got to turn the contract down?
Ms. Weller: That's correct.
Commissioner Plummer: Which we never had the right to approve I don't
understand that.
Ms. Weller: Well...
Commissioner Alonso: But, that was not the proposal of what they...
Mr. Cox: You have the right to approve.
Commissioner Plummer: That's a hell of a way to do business, let me tell you
something.
Mayor Suarez: Yeah, it is a cumbersome thing. I don't know if there is any
solution to it. But, maybe the City Attorney can figure it out between now
and 5:00 o'clock.
Commissioner Plummer: It's ridiculous.
Commissioner Alonso: No, it makes sense. They have to agree. All Unions do
that. And, if you don't...
Mayor Suarez: Yes, but for example, Commissioner, what he is saying...
Commissioner Alonso: ...agree.
Mayor Suarez: ...is why couldn't we say: we generally agree with it except
for this. And, here is our proposal and then have them approve that. He
could have had, maybe, sufficient...
Commissioner Plummer: It is like taking a check to the bank that hasn't been
signed. They want to remain anonymous.
Mayor Suarez: ...authority from his members to approve - you know -
modifications. I mean, it's a cumbersome way, there is no doubt about it.
Charlie, any statement on it?
Mr. Cox: Yes, the same thing as my bargaining group has already approved my
contract to bring to you. If there is changes in it, I would have to re -give
it to them, take it back to them...
Commissioner Plummer: Well, that's understood.
93 September 27, 1993
Mr. Cox: ... And, take a vote . But, you are the last to approve it it, or
disapprove it. And, what...
Mayor Suarez: That's the way the law works, we understand that.
Mr. Cox: Right, correct...
Commissioner Plummer: But, what I don't understand is...
Mr. Cox: ...What you have to do is stand here today and disapprove the
contracts and then go back from that point.
Mayor Suarez: Well, you know, we'll call it whatever you want...
Commissioner Plummer: You know, I don't understand...
Mayor Suarez: ...we won't approve it but we'll send it back with the kinds of
suggestive modifications that will make it fly, very possibly.
Mr. Cox: All I can tell you as one union president...
Commissioner Plummer: I don't understand that.
Mr. Cox: ...I can't make any ratifications to what have already been there.
Mayor Suarez: I know. I know, we've had that certainly been stated in the
record. All right, the items are tabled. George Adams, if you want to make a
statement, sir.
Mr. George Adams: Yes, my name is George Adams, I am a taxpayer in the City
of Miami. Before you deal with the contracts, I would appreciate it if you
would check some areas in police and fire. Mainly, article 10, 14 and when
you go to 18, that deals with what they were talking about earlier about civil
service rules and regulations. That one of the reason for civil service is to
cut out the foolishness where one person would have authority to hire or do
whatever they please to do. And, this is one of the areas that the fire
contract - 18.8 - speaks to. That's taking away the civil service rules,
that's 12.4. It also says in here - the language isn't clear - because it
talks about rehiring firefighters. OK, it says that they should be a resident
at the time of hire.
Mayor Suarez: The... Maybe, I didn't make it clear. But, Commissioner
Dawkins in executive section inquired about that. We are going to make sure
before we approve anything that rehires have to...
Commissioner Plummer: Yeah.
Mayor Suarez: ...abide by the same exact - and I see Shorty back there
shaking his head positively - same exact residency requirements as new hires.
They'll be treated as new hires.
Commissioner Plummer: Well, let me ask a question, George, to you as a Civil
Service Board member. Rehires circumvent an established register?
94 September 27, 1993
z4•r�g
t t
Mr. Adam: That's what they are talking about in this contract. It is going
to change...
(INAUDIBLE BACKGROUND CMIE M NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Adam: It is going to change it if it goes - if you ratify...
Mayor Suarez: OK.
Mr. Adam: ...this contract the way it is written here.
Commissioner Plummer: Is that what the Unions want?
Mr. Adam: That's what the Union... The Unions want the Fire Chief...
Mayor Suarez: OK, that's another thing that has been changed.
Commissioner Plummer: No, no. No, that's... George, that has already being
changed to the City Manager.
Mayor Suarez: Well, it's been proposed to the Manager that this Commission
will not approve it unless that is changed so far.
Commissioner Plummer: Well, my understanding is it was changed and Bryson
accepted it. So, to me, it is the Manager, OK. But, now, what I don't
understand, is how you rehire someone and circumvent the established register
which cost us a lot of money to put and establish. And, I don't know why the
Unions - Shorty, speak to that issue, if you would. Why would the Unions want
to do that? I don't understand.
Mr. Bryson: Shorty Bryson. That's a past practice, J.L. We've doing that
for years and the reason is because the City doesn't have to pay the money to
train the people. They are already certified. The Fire Chief has to
recommend then based on their record when they left. And, the board has the
authority to approve or not approve. We currently have the EOC (Emergency
Operations Center) complaints against the board...
Commissioner Plummer: The board has that approve.
Mr. Bryson: ...for turning them down.
Commissioner Plummer: But, you are going to take that out of it.
Mr. Bryson: We want the Manager to have that authority. The Fire Chief can
recommend and the Manager to have the authority.
Commissioner Plummer: OK, I can understand the training cost being
eliminated.
Mr. Bryson: Yes, sir.
Commissioner Plummer: All right, but, it will seem like to care...
95 September 27, 1993
Mr. Bryson: And, the experience that we get for it.
Commissioner Plummer: Yeah, but it would seem like to me that if that were to
be the case, that that person wishing to be rehired would go somewhere on the
established register. I mean, because if you have enough rehirees, we've gone
through a process... the last time I recall just to use the PSAs (Public
Service Aids) it cost us $8200.00 for a processing of PSAs to get one into
training.
Mr. Bryson: J.L., to train one firefighter through the fire college including
inspector - I mean instructor cost and the cost of having them there on salary
comes up to about 40 to 50 thousand dollars.
Commissioner Plummer: Shorty.
Mr. Bryson: You can put them right on the floor when they are certified.
Commissioner Plummer: Shorty, that's not my point. A point that I am making,
if a man goes through the process, who is expecting to go to work based on a
register, OK, and, suddenly this guy comes out of nowhere and wants to be
rehired, this guy stands on the register and when it dies and he doesn't get
rehired because some other guy came back and said I want my job back. Is that
fair?
Mr. Bryson: J.L... No, sir. The way it works is - when classes are in out
there - whenever there is a lull and having to wait for a class, a firefighter
l comes back, the Chief needs a firefighter - like we were down sixty-five.
1 And, he gets a hiring. That's a good thing for the City.
Commissioner Plummer: I could see the saving in all of that. You know...
Mayor Suarez: It's a classic lateral transfer. It's the concept, yeah.
Commissioner Dawkins: But, look, it's a good thing for the City. But, all of
them live outside the City of Miami.
Mayor Suarez: We are...
Mr. Bryson: Sir, they are going to be under the same residency requirement.
Conmissioner Alonso: No, they have to follow the same...
Mayor Suarez: Now, wait a minute, folks.
Mayor Suarez: They are going to impose the same requirements to new hires.
Commissioner Dawkins: No, see. But, see, there again...
Mr. Adams: That's not in the contract.
Commissioner Dawkins: ...you are circumventing... You are circumventing that
which you accomplished.
Commissioner Plummer: Did I not see in this contract, Miller, where they have
the new - the rehires have to live in the City.
96 September 27, 1993
Mayor Suarez: All right. The items...
Commissioner Alonso: Sure.
Commissioner Plummer: So, that's taken care of.
Mayor Suarez: The items are tabled. You are not going to engage in prolonged
conversation on this. If you want to finish your statement. Then Mr. McCray,
you make yours.
Mr. Adams: OK. And, then I want to go to another article which is a new
article that deals with residency as far as the firefighters are concerned.
It's vague, it doesn't say anything. It doesn't speak to rehirees. It's one
paragraph with two sentences.
Mayor Suarez: We'll take a look at it.
Mr. Bryson: I mean - You know, as a taxpayer, Mr. Mayor, I am going to ask
you to take a look at it because this is quite different from the residency
requirement in the police contract.
Mayor Suarez: I don't see why it should be any different whatsoever.
Mr. Bryson: Well, it is different.
Mayor Suarez: They should all be identical.
Mr. Bryson: It is different.
Commissioner Plummer: Huh?
Mayor Suarez: I believe, Mr. City Attorney...
Commissioner Dawkins: He said he didn't see any reason why it shouldn't be.
Commissioner Plummer: Well, put it on the record.
Mayor Suarez: Right.
Mr. Bryson: That's fire... That's the fire part of it.
Ms. Weller: On the rest...
Mayor Suarez: Wait, wait, wait, George.
Ms. Weller: On the residency article, the language is different. But, it
means the same thing.
Mayor Suarez: No.
Ms. Weller: "People at time of hire..."
Mayor Suarez: See, now that's... That's just not the way people function.
97 September 27, 1993
S
Ms. Weller: Well...
Mayor Suarez: You know, people... If it means the same thing, it should have
the same language. I mean, it is difficult enough for us up here to approve
something as complex as this without been told by our staff...
Commissioner Plummer: It would seem like to me whenever possible uniformity
would prevail.
Mayor Suarez: ...that identical meaning is stated in different language in
three contracts that we are supposed to be contemplating to approve at the
same time. That's inconceivable that you would even make that statement.
Commissioner Plummer: George, are you finished?
Mr. Adams: No, not quite. I'll be through in a minute.
Commissioner Plummer: OK, because I got... I want to bring up one point.
Mr. Adam: OK.
Commissioner Plummer: And, let me bring up now because it is to the
residency.
Mr. Adam: All right.
Commissioner Plummer: Mr. Mayor, as you will recall, last year, I fought like
a tiger to get put into the budget money for 150 PSAs. Do you remember that?
I am told by the Chief, that the maximum that we attained was a 100. Am I -
around a 100 - and the Chiefs when I asked - why didn't you do what the
Commission said or asked? His answer was because of the limitation of City
residence. I also know that we didn't speak to - that there is a problem with
school crossing guards. But, I am speaking to the PSAs in particular and the
Chief said to me - and he is here and can correct me if I am wrong - unless
you lift that residency requirement, I can't fulfill the PS.2\s. Now, I guess I
am asking what are we going to do? What are we going to do and how are we
going to do it? I don't think that we can continue to sit here and think that
we are doing something by providing funds and we are not. I look at Charlie
over there, and I remember him telling me that he's got one air conditioning
repairman in the entire City that depends on air conditioning and I wonder
what happens if that man got sick or went on vacation. And, it was a
residency problem, part of it, what... Are we going to sit here and
continuously go through this scenario and provide moneys and think we are
accomplishing something. And, in the bottom line, we are not. I offer that
for...
Commissioner Dawkins: Mayor, first thing that again, the truth has been
bent... OK.
Commissioner Plummer: Did I bend it back to the center. I mean...
Commissioner Dawkins: Mr. Cox said that he...
98 September 27, 1993
Commissioner Plummer: Am I in the ball park?
Commissioner Dawkins: ...would work with me to find air conditioning people.
But, when Mr. Cox and I approached the Manager, the Manager told us he had one
opening budgeted. So therefore, if you found one living in Timbuktu resident
of the City of Miami, it is not budgeted. So, don't go back and say that the
reason we do not have an air conditioning man - or enough air conditioning
men - is because we cannot find any certified air_ conditioning persons who
reside in the City of Miami., that's number one, And, I am going to say to my
colleague who is been here for 20 years. You, me and everybody else can sit
here and don't do anything to increase the tax Luse of the City of Miami, by
having people move into the City who would pay taxes...
Commissioner Plummer: Agree.
Commissioner Dawkins: ...and help produce revenues to run the City.
Eventually, there will be no employees because there will be no tax base on
which...
Commissioner Plummer: There be no City.
Commissioner Dawkins: ...to pay them from.
Commissioner Plummer: That's true.
Commissioner Dawkins: So, you can say all you want to go to Cooper City, or
wherever, and hire individuals. But, it will reach a point where those
individuals will not be able to be paid because Mr. Mano - what is the
shortage of the ad -valorem taxes as of today?
Mr. Surana: This year we lost almost four million dollars.
Commissioner Dawkins: Four million, and in the event that the four percent
sales tax does not pass, we lose how much more?
Commissioner Plummer: No, the gas tax?
Commissioner Dawkins: The gas tax.
Commissioner Plummer: Six percent.
Mr. Surana: Oh, the gas tax.
Commissioner Dawkins: We lose what?
Mr. Surana: Two point five.
Commissioner Dawkins: So, that's five... That's five million dollars. So,
you've already lost five million dollars and you are telling me...
Commissioner Alonso: Mano, may I inquire again. My understanding was the
numbers that you'd given before...
Commissioner Plummer: A million four.
99 September 27, 1993
Commissioner Alonso: ...was one point five, one point six, when you came
before said one point four.
Mr. Surana: I used no... OK, I used one point five in the budget, general
fund.
Commissioner Alonso: Yes.
Mr. Surana: But, we are supposed to get a total of 2.5 for nine months.
Commissioner Alonso: OK, but, it was going to affect the budget one point...
Mr. Surana: Yes. Yes.
Commissioner Alonso: ...five?
Mr. Surana: Yes, the general fund right.
Commissioner Alonso: All right, thank you.
Mayor Suarez: All right, Mr. Adam`s, finish up please. And, Mr. McCray,
quickly.
Mr. Adam: Yes, OK. Going to the police contract article 19 is the same as 18
for the firefighters. It deals with going around civil service rules and
regulations and the fire - the police Chief - would be hiring someone that
wants to come back. And, why should someone leave for two years, start a
business in Melbourne, Florida or elsewhere and then come back and bump
someone that lives in the City. There is no plain language in here about
people being rehired that they would have to maintain residence in the City in
order to keep their jobs. The other part has to do with the vehicles that
would be taken home by these officers. That is going to cost between ten,
fifteen, twenty million dollars. And, those people are going to be carrying
those cars out - other than...
Mayor Suarez: OK. We don't have the figures yet. We now have your
estimates.
Commissioner Alonso: It's a lot of money.
Mayor Suarez: We are pretty sure it's a lot of money and we'd like to come up
with some alternatives. Because, it seems to contradict City policy on
residency.
Mr. Adam: Let me say, the last thing I am going to close with and it's no
reflection. But, when I vote in the City of Miami, I vote to be governed by
the Mayor and the four Commissioners. And, I don't want to be govern by the
Union. Because, if that is going to be the case, then you need to take your
names off the ballot and put the Unions on there.
Mayor Suarez: All right. That's a very interesting argument - Mr. McCray that I honestly don't agree with. But...
100 September 27, 1993
Is]
Mr. Ronald McCray: I am looking at a determination from the EEOC (Equal
Employment Opportunity Commission), the justice department. It goes back to
January 28, 1991.
Mayor Suarez: What does this have to do with the tabling of the Union
agreements?
Mr. McCray: I'm addressing the concern of the black firefighters in the City
of Miami. And, the fact that this... this determination found them guilty of
discrimination and harassment...
Mayor Suarez: OK. Let me ask the City Attorney, wait, wait. In what ways is
that issue relevant now to the contracts that have been put before us?
Mr. Jones: Well, it has no relevance. I mean, we are in litigation right
now, and it says what it says.
Mayor Suarez: OK.
Mr. McCray: Well, I think it is a matter of moral issue and political
accountability on the part of the Commissioners.
Mayor Suarez: All right.
Mr. McCray: You've known this situation for years...
Mayor Suarez: Can I...
Mr. McCray: ...we've had no input. And, I think that we also express the
concerns of the black citizens of Miami.
Mayor Suarez: And, I think we have a hearing set on many many of those
concerns... The first meeting of October...
Commissioner Plummer: Yeah.
Mayor Suarez: The City Attorney is telling us that it has no direct relevancy
to the contract. Obviously, all things are related in life. But, we are
going to have to deal with that in the afternoon as to the contract. Thank
you, Mr. McCray.
Mr. McCray: There's been a lawsuit that's being in progress for six years...
Mayor Suarez: Wow!
Mr. McCray: ...we've seen how you can be creative when you get ready to.
Mayor Suarez: Yes, sir, I know.
Mr. McCrary: We haven't seen you use that toward the Union.
Mayor Suarez: OK. By the way...
Mr. McCray: When I say the Union, I am applying to local 587.
101 September 27, 1993
1
Mayor Suarez: Right. Ron, on that issue, I would appreciate if you would
brief, on my staff, the young lady who is an attorney. And, she is going to
advise me of the import of that decision. I have not had a chance to study
it. But, I really would appreciate if you would do that, if it suits you.
And, her name is Lisa Malamud. So, if you would get a chance to...
Commissioner Alonso: Did he...
Mayor Suarez: The EEOC decision of...
Mr. McCray: I have a copy of it here.
Commissioner Dawkins: OK,
Mayor Suarez: Thank you.
Mr. McCray: So, what you are saying is that you won't give any consideration
to this matter, and, you've prepared to go forward.
Mayor Suarez: What I am saying is what I stated before. And, what I am now
further saying is that I would ask you to please take a seat. You are out of
order. The matter has been tabled until this afternoon. But, I am also
suggesting, as to my vote, on anything that happens up here, that if you would
like to brief my assistant, who happens to be an attorney, her name is Lisa
Malamud. And, I would like you to do that. Because, I really would like to
know about the impact of that decision. OK.
Commissioner Dawkins: OK, let me read...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: OK, let me read this. Article Four from the
firefighters agreement. "Discrimination," and I asked for a clarification and
I was given a clarification. It says: "No employee covered by this agreement
will be discriminated against with regards to any job benefits or condition of
employment occurring from this agreement because of race, creed, national
origin," and the most important part I want you guys to hear is: "Union
membership." Because you are not a member of that Union, you cannot be denied
the benefits that everybody else is getting. So, you need to... No, no,
wait. You need to sit down and it says right here in the agreement that they
are signing. You do not have to be a member of that Union to receive its
benef its .
Commissioner Plummer: May I ask a...
Commissioner Dawkins: So, what are you arguing about?
Commissioner Plummer: May I ask the City Attorney...
Mr. Jones: Yeah.
Commissioner Plummer: ...and, you can tell me this afternoon. It is my
understanding - let's use the Fire Department - they are the ones in question.
102 September 27, 1993
When they negotiate benefits, does it not apply to all - whether they are
Union or dues paying or not?
Commissioner Dawkins: Right to work State.
Commissioner Plummer: I mean, yeah, in every case. Not just firefighters, in
all Unions.
Mayor Suarez: Yes, yes, yes.
Mr. Jones: Yes, it's true.
Commissioner Al.onso: In all of them?
Mr. Jones: You know, but the one important thing here that you have to
realize is the concerns, and I've advised you this before. And, the
professional black firefighters have been advised. Their whole beef has been
with the Union. They are in court now, the justice department has undertaken
their case.
Commissioner Plummer: Wow, wait a minute now. You are... You are going far
abound. Let me come back to what I spoke to. Is there any reported case in
which a nonunion member was denied a benefit negotiated by the Union for Union
members? Has there ever been? - it's never been brought to my knowledge if it
did occur.
Mr. Jones: I am not aware of any. I am sure that...
Commissioner Plummer: OK. Because...
(INAUDIBLE BACKGROLW COM4UM NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Jones: ...there may be.
Commissioner Plummer: Well, OK. You might be able to. But, as far as my
initial question, it's still the same. That when a Union negotiates, they
negotiate benefits which are entitled to all Union paying dues and nonunion
paying dues.
Mayor Suarez: God, we've now stated that...
Mr. Bryson: Absolutely.
Mayor Suarez: ...three different times and three different ways. Shorty, a
lot of this has to be worked out between now and 5:00 p.m., presumably. And,
of course, Mr. McCray's concerns about the department and some of the things
that it should improve including the determination of the Equal Employment
Opportunity Commission. I think it would be more appropriate consider on
October 14th. But, in my particular case, I am interested in hearing more
about that opinion. Because I have not had a chance to go over it. The items
are tabled until this afternoon at 5:00.
Commissioner Alonso: Yes, Mr. Mayor.
103 September 27, 1993
Mayor Suarez: Yes, Commissioner Alonso.
Commissioner Alonso: But, if you don't mind. I'd like to hear his answer to
the question that has been posed...
Mayor Suarez: Mr. McCray.
Mr. McCray: There .is been...
Commissioner Alonso: Commissioner Alonso.
Mr. McCray: ...a number of times when we've asked for Union representation
and we haven't gotten it. That's a fact. And, when we look at the fact that
we have a finding from the United States Justice Department, plus the fact
that you all have paid for about four investigations into the fire department.
All of them have come back and found them guilty of institutional racism and
you haven't done anything about it. I think you all need to be politically
accountable for what you do.
Mayor Suarez: All right, that's an interesting political statement.
Commissioner Alonso: But, with all due respect, the question... The question
was - has there ever been a member of the Fire Department who did not receive
the benefits?
Mr. McCray: There has been a number of times we have not received
representation and we've asked for it.
Mr. Jones: You know, Commissioner, if I might. Before this goes too much
further, keep in mind that we are in litigation with the Professional Black
Firefighters Association.
Commissioner Alonso: Yes, but you are not going to tell us that we cannot ask
questions and receive an answer from our own people.
Mr. Jones: And, what you are talking... Now, Commissioner, what...
Commissioner... Commissioner, what he is referring to, he keeps referring to
the union denying him representation, this that and the other. That duty of
representation is on the bargaining unit. The City has nothing to do with
that. The case being that is why the Justice Department undertook to
represent their cause in this instance. We advised them of this back - as far
back as 1983 - when I was initially involved in it.
Commissioner Dawkins: OK, now, let me ask you a question often - I mean all
from this. If the black firefighters go and get them a lawyer, skilled in the
civil rights...
Mr. Jones: They have one.
Commissioner Dawkins: ...well, OK. OK, now, Nancy Dawkins. Yes, my wife is
the only one that can answer before I finish. I don't have a problem with it.
Commissioner Plummer: She hasn't done much of a good job in her lifetime,
I'll tell you that.
104 September 27, 1993
Mayer Suarez: She is still trying to improve him.
Commissioner Dawkins: And they went and hired a number one - A-1 - civil
rights lawyer and came to the City of Miami, would we pay for it like you are
getting ready to pay for Roy Black's money? Would they be entitled to be paid
just like Roy Black's attorney fees?
Mr. Jones: No, because you are talking about...
Commissioner Dawkins: Why not?
Mr. Jones: ...No, you are talking about - if they prevail on a civil rights
claim - if they are the prevailing party...
Commissioner Plummer: The court would award it.
Mr. Jones: ...under the 1988 U.S. Code Law, they would be entitled to
attorneys fees.
Commissioner Plummer: From the court...
Mr. Jones: But, the court would have to make that determination.
J Commissioner Plummer: Oh, yeah.
I Commissioner Dawkins: The court did not...
Mr. Jones: And, I remind you...
Commissioner Dawkins: The court did not determine that we have to pay Roy
Black.
Mr. Jones: Sir, that's a different. Sir... Commissioner...
Commissioner Dawkins: Roy Black came before us here and said we had to pay
him.
Mr. Jones: Commissioner, that's a specific State Statute that provides at
your discretion to pay those fees.
Commissioner Plummer: Oh, oh.
Commissioner Dawkins: Weren't...
Mr. Jones: Were you talking about Federal civil rights law, if they prevail
in your lawsuit, the court would make determination as to whether their
counsel is entitled to "X" amount of dollars. It was nothing - it would be
nothing that you would have to get involved in, in terms of making a decision,
other than whether you want to pay it.
Mayor Suarez: All right, that discussion as complicated as it is, is over.
We've tabled the items. Item 21, accepting the bids of N.A. Land Clearing,
Shark Wrecking Company...
105 September 27, 1993
f<
c
Ms. Matty Hirai (City Clerk): Excuse me, Mr. Mayor.
Mayor Suarez: Yes, Madam City Clerk.
Ms. Hirai: On this statement of policy which we have on the floor, may we
please...
Mayor Suarez: We never voted on this statement of policy?
Ms. Hirai: We haven't...
Mayor Suarez: Which calls for the City to be told of any contracts about to
be negotiated by the City Manager...
1` Commissioner Plummer: No sir.
Mayor Suarez: ...at the inception thereof...
Commissioner. Plummer: No, sir.
Ms. Hirai: No, sir.
Commissioner Plummer: Let me rephrase it, please. That the Manager shall not
enter into any negotiation of Union contracts without the City Commission
first setting the parameters.
Ms. Hirai: Yes.
Mayor Suarez: I thought that was more or less what I said. But, in any
event, it has been moved and second. Please call the roll on the item.
106 September 27, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-587
A RESOLUTION ESTABLISHING A POLICY THAT THE
CITY MANAGER AND/OR ANY OF HIS AGENTS AND/OR
EMPLOYEES SHALL NOT ENTER INTO LABOR
NEGOTIATIONS WITH ANY OF THE CITY'S EMPLOYEE
BARGAINING UNIONS UNTIL SUCH TIME AS THE CITY
MANAGER AND/OR HIS AGENTS AND/OR EMPLOYEES
HAVE MET IN EXECUTIVE SESSION(S) WITH THE
CITY COMMISSION FOR THE PURPOSE OF
ESTABLISHING PARAMETERS FOR LABOR
NEGOTIATIONS.
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. Plumper, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
27. DISCUSSION RELATING TO ONGOING COMPLAINT'S CONCERNING STREET VENDORS WHO
CLAIM TO HAVE EXCLUSIVE RIGHTS OUTSIDE THE ORANGE BOWL -- COMMISSIONER
ALONSO OFFERS TO MEDIATE AND COME BACK WITH RECOMMENDED SOLUTION TO THE
PROBLEM.
Mayor Suarez: Item...
Vice Mayor De Yurre: Mr. Mayor, if I may before...
Mayor Suarez: Yes, Commissioner - Vice Mayor De Yurre.
Vice Mayor De Yurre: Before we get into this, and it is also break time, Max
Cruz has been here all morning and he needs to get back to the Orange Bowl.
He needs to make a quick statement about the situation that exists with...
107 September 27, 1993
Coami.ssioner Alonso: Yeah.
Vice Mayor De Yurre: ... the street vendors at the Orange Bowl. And, there
seems to be a problem as far as being able to give the spots. And, I just
wanted Max to come up here. I've got some representatives of the Street
Vendor Association also here. If we can just listen to him for a minute.
Mr. Max Cruz: Mr. Mayor, Commissioner, Max Cruz, the orange Bowl Stadium.
The problem is simple, there are two groups that claim to have the same rights
to the few spots that are around the Orange Bowl Stadium. And, I don't have
the time with the staff to be policing. I'm paying over $500 a day per event
to police officers to come over. And, that's coming out of my budget to put
one Sergeant and...
Mayor Suarez: Max, I am hearing from Commissioner Alonso, that this is your
classic pocket. Otherwise called emergency items. We take those up at the
end of the day. Commissioner, unless this is...
Commissioner Plumper: Yeah, but wait...
Vice Mayor De Yurre: Just so that you want to have to come back at 8:00
o'clock tonight.
Commissioner Plummer: Well, what right does any group have to bend around in
the Orange Bowl? I don't know of any. Except, that contract given by the
City to the vendor volume services. Let me tell you what bothers me, and I
don't know how many of the Commissioners have been over there and I'll wait
and table it later. I am petrified of seeing a guy that's supposedly a
vendor, that's outside of that Orange Bowl, with nothing but a barbecue pit.
I'm concerned - you know. It is not my understanding that...
Commissioner Alonso: Because that was not it.
Vice Mayor De Yurre: Which is against the law.
Commissioner Plummer: Huh?
Vice Mayor De Yurre: Which is against the law.
Commissioner Plummer: Well, OK. You know, that's the problem. But, let me
tell you, Victor, I've got the same problems - identical problems - at
Bayfront Park. And, let me tell you, it is going to blow out one of these
days because what's happening is the vendors - five of then - on one corner.
You can't even cross the damn street on Biscayne Boulevard. After 7:00
o'clock when the policeman goes inside to work the amphitheater, they came
over with garbage cans full of beer. And, they are selling in the park with
absolutely no control. And, I've got to tell you something. I am very
concerned as chairman of your park that something is going to happen in that
park. And, they are going to try to say that it is the City's liability.
And, that's why I am trying to get a fence around that place. So, we can have
108 September 27, 1993
some control. I know people think that I have a devious reason. But, at
least he's got a fence around his place. Around the park, I have nothing.
And, they are selling - Victor, they are selling Tequila inside of that
park...
Commissioner Alonso: Mr. Mayor, if I may?
Mayor Suarez: Yeah, and don't...
Commissioner Plummer: They are selling alcohol.
Mayor Suarez: ...leave because there is one other little inquiry that I have
that will take about a minute, that I think is of concern to all of us up
here.
I� :. M !I' • I1Iff i•1 • : •• '
Mayor Suarez: Yes, Commissioner Alonso.
Commissioner Alonso: Yes, since - through the awareness program, I am in
charge of public facilities and I work with the Orange Bowl. I would like to
have the opportunity to work with Max. We've being able to resolve these
problem before. And, then bring back to the Commission with a solution an
appropriate solution. And, I think in the past, we've been able to find
solutions that were acceptable to all of the vendors and to the
Administration. And, it was properly resolved. I'd like to be given that
opportunity.
Mayor Suarez: That's fine. And, if you - but...
Mr. Cruz: Mr. Mayor...
Mayor Suarez: ...however, if you want to bring up the matter at the end of
the day...
Vice Mayor De Yurre: Yeah, and just for the record, Mr. Mayor. You know, the
Orange Bowl...
Mayor Suarez: And, then it might be deferred.
Vice Mayor De Yurre: ...has a short season. And, this group here for two
years have not been able to get in.
Mayor Suarez: We are going to table the item. But, it is going to have to be
at the end of the day.
Mr. Waldo Faura: I just want to say one something, Mr. Mayor. I agree with
Mr. Plummer, what you say about the beverage being sold by the vendors. We
don't support that. We don't support the barbecue around the Orange Bowl...
Commissioner Alonso: It's illegal.
Mr. Faura: ...you know, we want to keep a clean operation in the City. You
know, we want to work in the City.
109 September 27, 1993
Mayor Suarez: Yeah, that's illegal. To have a barbecue... All right.
Mr. Faura: All right.
Mayor Suarez: We are going to take you up... I'll tell you what, I'll give
you an exact time to the extent that we can, at exactly 8:0o o'clock.
Mr. Faura: Waldo Faura, is my name. I am the president of the Miami Dade
Vendors Association.
Mayor Suarez: Very good, at 8:00.
Vice Mayor De Yurre: OK, so...
Mayor Suarez: Mr. Cruz, sir. Would you please come up to the mike.
Commissioner Alonso: And, if you would stop at my office and Mr. Cruz as
well. I'll like to hear a little bit.
Mayor Suarez: And, Madam - Commissioner Alonso, you may want to delve further
into this quick...
Commissioner Plummer: What time are we coming back?
Mayor Suarez: ...issue.
Commissioner Alonso: Yes.
Commissioner Plummer: Commissioner Plummer, which I think concerns you too.
Vice Mayor De Yurre: OK, we'll take this up at 8:00 o'clock then, Max,
tonight.
Mayor Suarez: Max, a quick question. On that matter, we are taking a quick
question. Do we not have a City box at the Orange Bowl for all the events
that take place there?
Mr. Cruz: Mr. Mayor, we do not have a City box space...
Mayor Suarez: We don't have a City... You are not really saying that, are
you, Max?
Mr. Cruz: We don't have a City box for the Commission. There is tickets
given to the Commission for each event.
Mayor Suarez: We don't have a City box. Even though, we went through 20
million dollars of improvements in each of which we said very clearly, we
wanted to have a City box. And, it was put on the record...
Commissioner Plummer: They call fire.
Mayor Suarez: ...many, many times, that there was a City box.
110 September 27, 1993
Mr. Cruz: There was a small City box and was blown out by the hurricane.
f
Mayor Suarez: Oh, you don't mean that thing that was way up there that used
to be used by the firefighters and...
Mr. Cruz: That...
Mayor Suarez: ...police and rescue people.
Commissioner Plummer: No, no, no. Underneath of the overhang...
Mr. Cruz: That's the one...
Commissioner Plummer: ...there was a...
Mayor Suarez: You have now managed to eliminate the City box at our only
facility where we have important events happening. There is no City box over
there?
Mr. Cruz: There is no City box per say. For University of Miami games and
the Orange Bowl classic.
Mayor Suarez: Max, is there a physical thing over there called a City box as
we told you?
Mr. Cruz: There is not, Mr. Mayor.
Commissioner Plummer: The answer is no.
Commissioner Alonso: No.
Mayor Suarez: That's incredible. All right. Is there at right to this
Commission to invite somebody to University of Miami games and, if so, what
right do we have? How many tickets specifically?
Commissioner Alonso: You buy the tickets.
Mr. Cruz: Mr. Mayor, each Commissioner and the Mayor receive two tickets...
Mayor Suarez: All right.
Mr. Cruz: ...per event of the University of Miami.
Mayor Suarez: OK, Max.
Commissioner Plummier: No, no, wait... Why two? We negotiated a total of 20.
Where are the other ten going?
Commissioner Alonso: Ha!
Mr. Cruz: I was not in the negotiations.
Commissioner Plummer: I was.
ill September 27, 1993
Commissioner Alonso: That's right.
Mr. Cruz: I .. .
Commissioner Plummer: We negotiated with the University of Miami...
Mayor Suarez: It's incredible.
Commissioner Plummer: ...that the City would have the right to get 20
tickets.
Mayor Suarez: This is the only City in the world where you borrow permission
to attend your own facility, your own events. It's inconceivable, Mr.
Manager.
Commissioner Plummer: ...four per Commissioner, because the City box, Mr.
Mayor, to answer your question, caught fire.
Mayor Suarez: Well.
Commissioner Plummer: And, that's why I negotiated, excuse me - you all
approved...
Commissioner Alonso: Yes.
Commissioner Plummer: ...the contract of the University of Miami.
Commissioner Alonso: Yes, but we also approved four tickets.
Commissioner Dawkins: Where are the tickets?
Mayor Suarez: Now...
Commissioner Plummer: Max.
Mayor Suarez: ...with to the extent that any tickets are provided to this
Commission for the Orange Bowl events including the University of Miami
football games, is it entirely possible that those tickets could be delivered
to our offices so that we don't have to go hunting around for them somewhere?
Mr. Cruz: No problem.
Mayor Suarez: Thank you, sir.
Commissioner Dawkins: When? When will I get mine?
Mr. Cruz: I will send them to you, Commissioner Dawkins. They were delivered
to my office on Friday afternoon, and it was too late.
Mayor Suarez: And, presumably we have the privilege of parking at the Orange
Bowl, too.
Commissioner Dawkins: Yes.
Mr. Cruz: Yes, sir.
Mayor Suarez: And, I don't have to depend on getting a ticket...
Commissioner Alonso: Yes.
Mayor Suarez: ...that has on the envelope Commissioner Plummer or
something...
Commissioner Plummer: Max, I... Max, I won't say a word.
Mayor Suarez: ...I mean, I can...
Commissioner Dawkins: I have parking. But, I don't have any tickets.
Mr. Cruz: Your office was delivered the parking ticket already, Mr. Mayor.
Commissioner Plummer: You guys are going to pay. Ever since I sold my
funeral home on Flagler Street, you got to pay.
Mayor Suarez: All right. Now, ladies and gentlemen, on that tone of
merriment and in substantiality, we are adjourned until 2:30.
THEREUPON THE CITY COMMISSION WENT IWO RECESS AT
12:03 P.M. AND RECONVENED AT 2:45 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT,EXCEPT'COMMISSIONERS AWNSO AND DAWKINS.
Mayor Suarez: Cormu.ssioner Plummer is going to solve all aspects of item 17
and possible implications for the City of Miami Beach of which there are none
that I can think of. But, the gentleman in the light suit, is concerned about
that possibility. If you would all take a seat and Mr. Ferre, Jr., would you
suggest to them - thanks. All right. The taking of item 17 was it done at
the request of the Administration to negotiate further issues related to that?
Mr. Carlos Smith(Assistant City Manager): We are ready for that.
Mayor Suarez: I am sorry?
Mr. Smith: We are ready for that.
Mayor Suarez: You are ready. The next three items after that were tabled. I
am announcing where we are, if you just listen for a second. Eighteen,
nineteen and twenty had been tabled but not to be taken up until after
appropriations at the request of Commissioner Plummer. Item 17 had been
tabled at the request of the Administration. And, I believe that there is in
addition to yourself - assuming that your comments are in order - which I am
not sure they are. But, we'll try you at that point. There is a gentleman
who is wondering what implications this item has for citizens of Miami Beach.
And, maybe we can get...
Commissioner Plummer: Excuse me, Mr. Mayor. I think this is a very important
issue. And, I would sure...
113 September 27, 1993
f` "�N
Mayor Suarez: You'd like to have full commission?
Commissioner Plummer: Oh, I'll... I think very definitely, sir.
Mayor Suarez: Very well. Item 20. Thank you, if you would have a seat.
Commissioner Plimmmer: Whatever it is, we are going to live with it for 30 or
20 years, 500 years or...
Mayor Suarez: Very good.
-------------------------------------------------------------------------------
28. ACCEPT BIDS: (1) N.A. LAND CLEARING; (2) SHARK WRECKING CORP.; (3)
ALLEN-JUELLE, INC.; (4) COMPLEX CONSTRUCTION CORP.; (5) ALPHA
CONSTRICTION GROUP; (6) PARAMOUNr ENGINEERING, INC.; (7) LANGO EQUIPMENT
SERVICES, INC.; (8) J.R. BUILDERS, INC.; AND (9) ACTION LAND
DEVELOPMENT -- FOR FURNISHING DEMOL'ITION SERVICES (TO DEPAR'IMWr OF
PLANNING, BUILDING & ZONING).
------------------------------------------------------------------------------
Mayor Suarez: Item 21, accepting the bids of N.A. Land Clearing, Shark
Wrecking Company, et cetera.
Commissioner Plummer: Move it.
Mayor Suarez: Moved. Vice Mayor, seconds.
Commissioner Plummer: How many places will that get rid of?
Mr. Sergio Rodriguez (Assistant City Manager): Between one hundred and a
hundred and fifty.
Commissioner Plummer: Are you... Let me ask you this now. Are you clearing
land or are getting rid of crack houses? And, I don't want to sound like a
former Commissioner around here. But, I am telling you, that as far as I am
concerned, I can put up with a lot of weeds that are in the ground - but, I
am worried about the ones they are smoking.
Mr. Rodriguez: We are basically eliminating structures which are unsafe.
Commissioner Plummer: OK. Can I ask - and, I think only reasonably so - that
you go to those that are unsafe, that are basically crack houses first, and
get rid of them? I mean, do yourself a favor and the Police Department a
favor and emphasize on those first.
Mr. Rodriguez: We do that.
Commissioner Plummer: OK, please.
Mr. Rodriguez: And we will continue doing that.
Commissioner Plummer: Please.
114 September 27, 1993
Mayor Suarez: OK, on the item, do we have a second, Mr. Vice Mayor? Call the
roll on item 21.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-588
A RESOLUTION ACCEPTING THE BIDS OF N.A. LAND CLEARING,
SHARK WRECKING CORP., ALLEN-JUELLE INC., COMPLEX
CONSTRUCTION CORP., ALPHA CONSTRUCTION GROUP,
PARNUUNT ENGINEERING INC., LANGO EQUIPMENT SERVICES,
INC., J.R. BUILDERS, INC., AND ACTION LAND DEVELOPMENT
FOR THE FURNISHING OF DEMOLITION SERVICES TO THE
DEPARTMENT OF PLANNING;, BUILDING AND ZONING ON A
CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT AN
ESTIMATED FIRST YEAR COST OF $200,000.00 ALLOCATING
FUNDS THEREFOR FROM THE CO MUNITY DEVELOPMENT BLOCK
GANT DEMOLITION FUND, ACCOUNT CODE NOS. 451920,
451520, 458017, 459017--340 PROJECT.' NO. 799206,
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
SERVICE, AND THEREAFTER TO EXTEND THIS CONTRACT FOR AN
ADDITIONAL ONE (1) YEAR PERIOD, AT THE SAME PRICE,
TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
115 September 27, 1993
------------------------------------------------------------------------------
29. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO AUTHORIZE
INCREASE IN THE FUNDINGOF THE ROBBERY TACTICAL DETAIL.
AN
-------------------------------------------------------------------------------
Mayor Suarez: Item 22, robbery tactical details. It's been moved
and
seconded by Commissioner Plurmler. No?
Commissioner Plummer: Mr. Mayor, I can't do that. I've got to wait. I...
Mayor Suarez: OK, we'll table the item.
Commissioner Plummer: Yeah, please.
Mayor Suarez: Can we table the item at this point, Madam City Clerk?
Commissioner Plummer: Please, I want Commissioner Dawkins' input on that.
Ms. Matty Hirai (City Clerk): Excuse me, I am sorry, Mr. Mayor.
i
NOTE FOR THE RECORD: Commissioner Dawkins entered the
meeting at 2:46 p.m.
Commissioner Dawkins: I am here. What do we got?
Mayor Suarez: Item 22.
Commissioner Plummer: Law Enforcement Trust Fund, Mr. Dawkins.
Mayor Suarez: You have problems with item 22?
Commissioner Plummer: I move that it be deferred, Mr. Mayor.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and second for deferral. Administration, you are
not
going to tell us that the world is going to come to an end? All right, good.
Then call the roll on the motion to defer.
116 September 27,
1993
THEREUPON MOTION DULY MADE BY COMMISSIONER PUM4ER AND
SECONDED BY COMISSIONER DAWKINS, ITEM 22 WAS DEFERRED
BY THE FOLLOWING VOTE:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
------------------------------------------------------------------------------
30. AUTHORIZE CONSTRUCTION OF PAVING AND/OR DRAINAGE IMPROIME TrS ON PORTION
OF SOUTH BAYHOMES DRIVE BETWEEN PARK LANE AND BISCAYNE BAY -- CLARIFY
JURISDICTIONAL AUTHORITY OF SOZfl'f-I BAYHOMES DRIVE.
------------------------------------------------------------------------------
Mayor Suarez: Item 23.
Commissioner Plummer: Item 23.
Mr. Jim Kay: Yes, sir, item 23. The City is trying to solve a drainage
problem.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Dawkins: Bayhomes second. It is in the Grove, I knew he would
move it. I second it.
Commissioner Plummer: South Grove.
Mayor Suarez: Seconded. Any discussion on 23? If not, please call the roll.
117 September 27, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-589
A RESOLUTION AUTHORIZING THE CONSTRUCTION OF PAVING
AND/OR DRAINAGE IMPROVEMENTS ON A PORTION OF SOUTH
BAYHOMES DRIVE BETWEEN PARK LANE AND BISCAYNE BAY
NECESSARY TO TRANSITION FROM PUBLIC RIGHT OF WAY TO
PRIVATE PROPERTY AND COMPLEMENT THE IMPROVEMENTS
SCHEDULED UNDER LOCAL DRAINAGE PROJECT E-70 FOR NORTH
BAYHOMES DRIVE; AND CLARIFYING THE JURISDICTIONAL
AUTHORITY OF SOUTH BAYHU4ES DRIVE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
31. (A) DIRECT CITY ATTORNEY TO PREPARE ORDINANCE AbENIDING 10348 TO CHANGE
QUORUM REQUIREIENI'S FOR CONVENING MEETINGS OF THE BAYFRONT
PARK MANAGEMENT TRUST.
(B)APPOINT / REAPPOINT INDIVIDUALS AS MEMBERS OF BAYFRONT PARK
MANAGEMENT TRUST. (Reappointed were: Ruth Greenfield, Joseph P.
Klock Jr., Bobbie Mumford, Jo Ann Pepper, Athalie Range, Dewey W.
Knight III, Jose Garcia Pedrosa and Raul Tercilla. Appointed were:
Jim MacDonald and Herbert M. Levin.)
Mayor Suarez: Item 24.
Commissioner Dawkins: I move that 24 be deferred.
Commissioner Plummer: Twenty-four.
Mayor Suarez: Twenty-four is deferred.
Commissioner Dawkins: No, I am only kidding.
Commissioner Plummer: Oh, yes, please.
118 September 27, 1993
Commissioner Dawkins: No, I am not. I am only kidding.
Mayor Suarez: Item 24, who is recommending?
Commissioner Alonso: Yes, I have to coincide with...
Commissioner Plummer: Can I get a straw vote, Mr. Mayor?
Mayor Suarez: Yes.
Commissioner Plummer: We are...
Commissioner Dawkins: A straw vote.
Commissioner Plummer: ...desirous of changing the quorum of Bayfront Park...
Mayor Suarez: Whatever you deem appropriate that's not preposterous, whatever
you propose.
Commissioner Plummer: Well, that's what I am going to ask. Is what I am
going to tell you, preposterous.
Mayor Suarez: OK, how preposterous is it?
Commissioner Plummer: If our meetings starts as scheduled for noon, that our
quorum reads fifty percent of those present at the designated starting time.
Mayor Suarez: That doesn't make any sense.
Commissioner Plummer: Does anybody find that...
Mayor Suarez: What you just said doesn't make any sense. Fifty percent of
the people who are present could be 50 percent of zero. Fifty percent of one.
Commissioner Plummer: That's what we are saying.
Mayor Suarez: That doesn't make any sense.
Commissioner Plummer: All right, then we are going to go to six.
Commissioner Alonso: But, that's...
Mayor Suarez: Six out of...
Commissioner Plummer: Six out of 21. Mr. Mayor, the problem is, we've had
two meetings now in which we could...
Mayor Suarez: It's an advisory board. I mean...
Commissioner Plummer: ...not get a quorum.
Mayor Suarez: Yeah, if you are willing meet with them. And, it's an advisory
119 September 27, 1993
a
Commissioner Plummer: OK.
Mayor Suarez: ...it takes no final action that I am aware of.
Commissioner Plummer: You know, it's a problem. And...
Mayor Suarez: I don't see why not. Mr. City Attorney, have any problem with
that?
A. Quinn Jones III, Esq. (City Attorney): No.
Mayor Suarez: All right. You need it in a form of a motion.
j Commissioner Plummer: Which one six?
i� Mayor Suarez: Yeah.
Commissioner Plummer: OK, I would make a motion at this time that the - is it
the charter, the ordinance?
Mayor Suarez: The ordinance.
Commissioner Plummer: The ordinance be changed that Bayfront Park... that a
quorum consist of six voting members. I so moved.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
I
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-590
A MOTION DIRECTING THE CITY ATTORNEY TO
PREPARE A DRAFT FOR AMENDMENT TO ORDINANCE
10348, WHICH ESTABLISHED THE BAYFRONT PARK
MANAGEMENT TRUST, CHANGING THE QUORUM
REQUIREMENT FOR CONVENING SAID BOARD FROM 21
TO 6 VOTING MEMBERS.
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.
Commissioner Plummer: Yeah, you have members of... Madam Commissioner, you
have Herb Levin, who else is on... I'll get it Mr. Mayor and have it brought
in. You got it?
Commissioner Alonso: Yes, I have here the...
Commissioner Plummer: No, I need the new ones. That's the new one, Bayfront
Park. Ruth Greenfield, Joe P. Klock, Jr., Bobbie Mumford, Jo An Pepper,
Athalie Range, Dewey W. Knight, III, Jose Garcia -Pedrosa, Raul Tercilla, Jim
MacDonald and Herb Levin. Those are the ones for reappointments, Mr. Mayor.
Mayor Suarez: Very good, so moved.
Commissioner Plummer: If that was with my colleagues approval, yes.
Mayor Suarez: Seconded by Commissioner Alonso. Call the roll.
121 September 27, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-591
A RESOLITrION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS
OF THE BAYFRONT PARK MANAGEMENT TRUST, TO SERVE FOR
TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on
file .in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller. J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
32. APPOINT / REAPPOINT INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATII=
BOARD. (Reappointed were: Robert GRill and Adrian Ferradaz; one
appointment still pending.)
------------------------------------------------------------------------------
Mayor Suarez: Twenty-five.
Commissioner Alonso: Twenty...
Commissioner Plummer: Twenty-five.
Mayor Suarez: A resolution for Nuisance Abatement Board.
Commissioner Dawkins: I have not made...
Mayor Suarez: Right, as to... Very good.
Commissioner Alonso: I reappoint Adrian Ferradaz.
Mayor Suarez: So moved.
Commissioner Plummer: And, Mayor Suarez, you've got one.
Mayor Suarez: Who's my existing one?
Commissioner Alonso: Yours is...
122 September 27, 1993
Mr. Carlos Smith (Assistant City Manager): Bob Gill.
Commissioner Alonso: ...Bob Gill.
Mayor Suarez: On the assumption that lie stills wants to serve, because he
hasn't informed me otherwise. All right, so moved as to Bob.
The following resolution was introduced by Commissioner Alonso, who moved
its adoption:
RESOLUTION NO. 93-592
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS
OF THE NUISANCE ABATEMENT BOARD OF THE CITY OF MIAMI,
FLORIDA, TO SERVE 'PERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Alonso: Is this supposed to be good luck as well?
Mayor Suarez: I hope so. Spilling coffee on myself better be good luck.
Yes. Coffee left over from the morning too. It's nice and cold. Do we have
a motion and a second?
Commissioner Plummer: Yes.
Mayor Suarez: Call the roll.
Commissioner Plummer: We called the roll on 25.
Ms. Matty Hirai (City Clerk): I did.
123 September 27, 1993
------------------------------------------------------------------------------
33.(A) APPOINT / REAPPOINT INDIVIDUALS TO THE PRIVATE INDUSTRY COUNCIL (PIC)
OF SOUTH FLORIDA. (Reappointed were: Willy Ivory, Linda Eads,
Josefina Bonet Habif, Melvin "Skip" Chaves, Gabriel Torres, & Billy
Hardemon. Appointed was: Olga Connor. one appointment still pending.)
(B) APPOINT INDIVIDUALS TO SERVE AS MEMBERS ON THE TAX-EXEMPT PROPERTY
STEERING COMMITTEE (PILOT). (Appointed were: William Klein & Melanie
C. Paisley -Thomas.)
Mayor Suarez: Item 26.
Commissioner Plummer: Mine there is in the education as Linda Eads and the
Community CBO (Community Based Organization) is Josefina Habif are my two
appointments, Mr. Mayor. The rest of them are here.
Mr. Frank Castaneda: Yeah.
Commissioner Plummer: Billy Hardemon, Miller? Billy Hardemon is on there,
Willy Ivory, Skip Chavez, Dorothy Graham, Gabriel Torres and Olga Connor. My
two are Linda Eads and Josefina Habif.
Commissioner Dawkins: Graham does not want to serve. So, I have to find
somebody else for Mrs. Graham.
Commissioner Alonso: Do we have to reappoint all of them?
Commissioner Plummer: No, you can put new ones.
Commissioner Alonso: New ones. No, no, yes. But... all of the term...
Mr. Rodriguez: Well.
Commissioner Alonso: ...had expired?
Mr. Rodriguez: Commissioner, basically there was some confusion on the case
of Dorothy Graham and Olga Connors. And, that's why I am bringing this issue
back.
Commissioner Plummer: Now, wait a minute. This says here appointments are
good until June 30th of '94.
Mr. Jones: That's for three.
Mr. Castaneda: If these appointments are made.
Commissioner Plummer: Oh, if these appointments are made. OK.
Commissioner Alonso: I reappoint mine.
Mayor Suarez: So moved.
124 September 27, 1993
Commissioner Plummer: OK. Likewise, I guess. And, it's just a reappointment
here then.
Mr. Castaneda: And, I am sor
continue serving, Commissioner Dawkins.
Mayor Suarez: Can we take a vote on the next one?
Commissioner Plummer: My appointment is Bill Klein. And, I am doing that
because he is a member of DDA (Downtown Development Authority) and I think it
is very important. Excuse me.
Mr. Manohar Surana (Assistant City Manager): Item 27?
Commissioner Plummer: This is on item 27, correct.
Mr. Surana: Commissioner Dawkins' appointment.
Commissioner Plummer: Is he the...
Commissioner Dawkins: To what board?
Mr. Surana: It's a pilot...
Commissioner Plummer: This is this new thing for tax exempt properties.
Mr. Surana: Tax exempt properties.
Commissioner Dawkins: I appoint Melanie C. Paisley -Thomas, 3359 Oak Avenue,
Coconut Grove, Florida, 33133.
Mr. Surana: Thank you.
Mr. Smith: Commissioner Dawkins, we need a replacement for Dorothy Graham on
PIC.
Commissioner Plummer: Ah?
Mr. Castaneda: On item 26, Commissioner.
Commissioner Plummer: We are on 27.
Commissioner Dawkins: OK, I'll give you one at the next meeting.
Mayor Suarez: All right.
iMr. Castaneda: OK. So, can we have a vote on item 26 then and...
Mayor Suarez: OK, on item 26...
Commissioner Plummer: On what?
Mayor Suarez: ...the nominees that have been submitted, moved and seconded.
Any discussion?
125 September 27, 1993
Commissioner Plummer: We voted on 26.
Mayor Suarez: Madam City Clerk, did we vote on 26 already?
Ms. Hirai: No, Mr. Mayor, we haven't.
Mayor Suarez: Go ahead, call the roll on it please.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 93-593
A RESOLUTION APPOINTING EIGHT (8) MEMBERS TO THE
PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA, THREE
(3) TO SERVE TERMS EXPIRING JUNE 30, 1994 AND FIVE (5)
TO SERVE TERMS EXPIRING JUNE 30, 1995.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING THE ROLL CALL:
Commissioner Plumper: We've taken three items and we've voted five times.
Mayor Suarez: One more time, please. Thank you.
COMMENTS MADE AAFTER ROLL CALL:
Mayor Suarez: Item 27.
Camlissioner Alonso: Twenty -seven.
Ms. Hirai: Twenty-seven, now.
Commissioner Plummier: I've already appointed to that.
Mayor Suarez: OK, who was your nominee once again, please?
Ms. Hirai: Yes.
126 September 27, 1993
Commissioner Plummer: Bill Klein.
Mayor Suarez% Bill Klein.
Ms. Hirai: Yes.
Mayor Suarez: Commissioner Alonso.
Ms. Hirai: You appointed, we just haven't voted.
Commissioner Alonso: Well, nine, I already did last meeting.
Mayor Suarez: OK, very good.
Commissioner Alonso: You have to just to...
Mayor Suarez: Do we need a vote on that?
Ms. Hirai: Yes, sir.
Mayor Suarez: All right.
Mr. Jones: You made an appointment and Commissioner Plummer...
Commissioner Alonso: Dawkins and Plummer.
Mr. Jones: ...Commissioner Dawkins...
Commissioner Plummer: Dawkins and Plummer according to this...
Ms. Hirai: Yes. Yes.
Commissioner Plummer: ...have appointments. All right.
Ms. Hirai: Yes.
Mayor Suarez: All right. So we have a motion and a second, Madam City Clerk?
Ms. Hirai: No, sir, we don't.
Mayor Suarez: OK, I entertain a motion.
Commissioner Plummer: So, move it.
Commissioner Alonso: I move.
Mayor Suarez: Moved and second. Any discussion? If not, please call the
roll, very good.
127 September 27, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-594
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS ON THE TAX-EXEMPT PROPERTY STEERING
COMMITTEE OF THE CITY OF MIAMI, FLORIDA, FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
34.(A)RECONSIDER PREVIOUSLY TAKEN VOTE ON ADOPTION OF RESOLUTION
93-393, CONCERNING PROPOSED CHINATOWN DEVELOPMENT, WHICH
REVERSED ZONING BOARD'S GRANTING OF APPEAL FROM DECISION
RENDERED BY ZONING ADMINISTRATOR REVOKING BUILDING PERMIT
NOS. 92-0006757, 92-0006758, 92-0006777, 92-00204032, & 93-
5004911, AS A RESULT OF APPLICANT'S (ISAAC SHIN) FAILURE TO
MEET CONDITIONS ESTABLISHED ON RECORDED COVENANTS. (See
label 36)
(B)DISCUSSION CONCERNING FUTURE DATE OF PUBLIC HEARING.
Mayor Suarez: Item 29. Consideration of City Commission action regarding the
Chinatown Project.
Commissioner Alonso: Mr. Mayor...
Mayor Suarez: Yes.
Commissioner Alonso: Are we going to take item 8?
Mayor Suarez: We are going to go right back to item...
Commissioner Alonso: ...and 17?
Mayor Suarez: Yes, we are going to go back to eight and 17.
128 September 27, 1993
i
Commissioner Alonso: Thank you.
Mayor Suarez: I figured... No, no, madam, Lucia Dougherty. Let's do this
personal appearance, please.
Commissioner Plummer: Are we doing 29?
Mayor Suarez: Yes, item 29.
Commissioner Alonso: Yes.
Mayor Suarez: What can we do? What is in the infinite wisdom of this
Commission to do?
Ms. Dougherty: Mr. Mayor and members of this Commission. Lucia Dougherty,
with law offices...
Mayor Suarez: To quote my brother Dawkins.
Commissioner Plummer: Do we get ivory chopsticks?
Ms. Dougherty: Yes. Everyone gets ivory chopsticks.
Commissioner Alonso: Wonderful.
Ms. Dougherty: 1221 Brickell Avenue. Here today representing the Chinatown
Project. You may recall about a month and a half ago, you all denied - or
actually approved an appeal which had the effect of revoking existing building
permits for this project. And, you did so based not on the land use reasons,
but, some reasons that the counsel who represented them at the time was
unprepared to answer, such as parking, and the amount of money, etc. We are
now prepared, though, to answer those questions, bring forth some evidence
that wasn't brought forth at the last hearing. We would therefore ask that
you reconsider this project and - reconsider the project, set it down for a
public hearing in the future, send out notices to all the appropriate parties
and...
Mayor Suarez: But, I thought that all of the relevant periods of limitations
had expired. And, what you had to do now was to re -apply for whatever the
variance was that they had in first instance.
Ms. Dougherty: No. Because...
Mayor Suarez: You are trying to do it by reconsideration?
Ms. Dougherty: That's right. And, we would ask the court to remand it back
because it's now on appeal. To remand it back for your reconsideration, which
the courts do it all at... many times.
Mayor Suarez: Oh, because it is also going in a parallel manner through the
court system? Is that what you are telling us?
129 September 27, 1993
Ms. Dougherty: Well, we had to preserve our rights by appealing the decision.
And, all we are asking for to do - it's the courts to remand it back.
Mayor Suarez: You sued us.
Ms. Dougherty: Not me. I did not sue you.
Commissioner Plummer: Well, let me ask... Let me ask for my vote. As you
know, my problem from day one - I would love to see the project - I was an
initial supporter of the project. But, I've said time and time again, there
is no project that can have 260 seat restaurant, and whatever the amount of
employees it would take and did not have a single parking space.
Ms. Dougherty: We understand.
Commissioner Plummer: Are you telling me that you now have some way...
Ms. Dougherty: Yes, sir.
Commissioner Plummer: ...of accommodating parking?
Ms. Dougherty: Yes, sir.
Commissioner Plummer: Well, how come in five years you haven't been able to -
not you - the others couldn't tell me that?
Commissioner00 Dawkins: We didn't have none.
Ms. Dougherty: I don't know why, that's true.
Commissioner Plummer: We lost... We lost something in the transcript.
Mayor Suarez: They got a high powered lawyer.
Commissioner Alonso: Yes.
Commissioner Plummer: And, you are not going to rickshaws Shaw's?
Dougherty: No. And, we would like an opportunity to present this evidence to
you in a future date.
Commissioner Plummer: Let me tell you. Dawkins, you move it because I want
to see where they found these parking spaces. Well, the truth of the matter -
let me say - let me... In his - to his defense - the man tried Omni, he could
not get to work a deal. He tried the bank across the street, he couldn't work
out a deal. He tried the Les Violins, he couldn't work out a deal. And, you
know, I would love to see the project but it can't - as I said before, I would
not vote for a project that I know is destined to doom.
Commissioner Alonso: Commissioner Dawkins moved?
Commissioner Plummer: Dawkins, it is your item.
130 September 27, 1993
Mayor Suarez: We haven't heard him. But, maybe it's because I don't
particularly want to hear him on this.
Commissioner Alonso: Is that suppose to be his standing.
Mayor Suarez: Is that close enough. Is that what you are trying to say?
This is a substantive issue, you know.
Commissioner Alonso: Is that the message? I second it.
Mayor Suarez: So, there should be something that he really believes in there.
Anyone is going to move it.
Commissioner Dawkins: I'll move it. I mean...
Commissioner Alonso: Yeah. It's been seconded.
i Commissioner Dawkins: ...you know, like I've said before. This gentleman is
the only one who has been told to have money. Did not have the money. And,
yet, his project is going down. I can go through the records and find you six
projects that we told to have money and the project expired and they are still
in existence. So, I promised J.L. the last time, right here, if he gave them
another chance - and they didn't come up with the money - I give up. Because,
the only hang up has been is that this gentleman has never come up with money.
And, if he has the money, nobody other than this Commission, is desirous of
seeing development on Biscayne Boulevard but us. But, they've got... We just
can't keep saying: yes, we are going to let you do it, and, there is no money.
Ms. Dougherty: Understood.
Commissioner Dawkins: So...
Mayor Suarez: OK. Is that a motion to reconsider?
Commissioner Dawkins: Yes, I moved.
Commissioner Plummer: Otherwise said in the vernacular, "No tickee - no
laundry."
Commissioner Plummer: That's right, OK. I so move.
hlr. Jones: Is this move to reconsider?
Commissioner Dawkins: Move to reconsider.
Commissioner Plummer: Second.
Vice Mayor De Yurre: Discussion.
Mayor Suarez: It would really helpful if you let the ethnic references out of
this one from this point forward.
Commissioner Plummer: I didn't think you needed ethnic references.
131 September 27, 1993
Mayor Suarez: All right, we have a motion and a second to reconsider,
anything on the motion?
Vice Mayor De Yurre: Yes, Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor De Yurre: I haven't heard anything why I should want to reconsider
this. I have yet to hear anything.
Mayor Suarez: I was going to ask about that. Mr. Rodriguez, I see you
poised.
Commissioner Plummer: Well, I gave you one reason.
Commissioner Dawkins: You have no problem with it. Everybody is voting to
reconsider or vote not to reconsider. That's the privilege up here of five
votes.
Mayor Suarez: OK. What we are asking at least - I understood the
Commissioner - to be asking, in technical terms, what sense does it make to
reconsider? Would we be...
Commissioner Dawkins: That the man has said that he will have the money.
That's the only reason that I asked you to reconsider.
Commissioner Plummer: And, parking.
Mayor Suarez: I don't anticipate you'd be able to answer this question. And,
I really would like staff - I don't know if Commissioner - Vice Mayor De Yurre
is leading in that direction. But, I... Where are we on this matter? I
mean, there was initially a variance. A variance, I thought had certain
terms. Those terms were not fulfilled. Now, the idea would be - I thought
the logical way for them was to wait a period of time and come back and re-
apply it. I presume that the motion to reconsider is calculated to give their
an opportunity to do this a little sooner than before. And, to submit to us
parking plans, et cetera, et cetera. Is that the idea? Or, what is going on?
Mr. Rodriguez: I don't know what is the idea. I think that probably it is
time that they want to buy some time rather than go into through the court
route. I don't know...
Mayor Suarez: To challenge... They were going through court to challenge...
Mr. Rodriguez: The decision from the City Commission upholding the
recommendation by the department not to approve the variance.
Mayor Suarez: The variance or the extension?
I
Ms. Dougherty: No, no, no.
Mr. Rodriguez: Excuse me. No, I am sorry. This time is just an
(untintelligible). The decision by the Zoning Administrator that they didn't
meet the requirements of the conditions of the permit that was given.
132 September 27, 1993
Commissioner Plummer: Excuse me.
Ms. Dougherty: If you recall the reason that the permits were revoked is
because they didn't pay their impact fees.
Commissioner Plummier: Yeah, that's right.
Ms. Dougherty: And, all.. And, we finally paid the...
Mr. Rodriguez: Right. That was it. That was it. There were some conditions
imposed on the approval of the plans. And, among them there was a payment of
certain fees. One of which wasn't paid - was not paid by the applicant on
time.
Mayor Suarez: Mr. De Yurre.
Commissioner Plummer: You... Excuse me. You feel that benefits them? How
does he... You know, just to reconsider...
Mr. Rodriguez: I don't know...
Commissioner Plummer: ...don't mean that it's going to be approved.
Mr. Rodriguez: Right. I don't know how it would benefit them.
Commissioner Plummer: But, I mean, how does a reconsider benefit them from
that stand point, they didn't pay the fee, they didn't pay the fee. So, I
don't see where that benefits them.
Mr. Rodriguez: The only benefit that I do see for them to be reconsidered and
try to get a positive vote from you would be that they were going to have to
go through the process and apply again to go to the Zoning Board. Go under a
new ordinance because this would be a zoning ordinance 11000 before they were
under the 9500. The one that was repealed about three or four years ago.
And, then, the other thing that they would have - it might be - the situation
with the Historic Preservation Board. But, other than that, I think it's a
matter of time. And, we advised Mr. Shih way back about this situation. And,
I think, probably, he believes that by going this route, he might buy time and
delays by getting approval from you if you were to consider possibly. But, I
guess the best person to answer that would be the lawyer for the applicant.
Commissioner Plummer: I guess so. All right.
Mayor Suarez: We've got a motion and a second. Any further discussion or any
further questions of the applicant?
Vice Mayor De Yurre: I have plenty of questions. I just wanted to know...
Mayor Suarez: Sorry I interrupted you. Go ahead.
Vice Mayor De Yurre: ...what it is that would make me change my mind to
reconsider this? We are talking about money - where is the money? You are
talking about parking - where is the parking?
133 September 27, 1993
Ms. Dougherty: No, wait. That's why we asked for a hearing in the future.
So, that we can bring all that evidence for you.
Vice Mayor De Yurre: No, no, no.
Ms. Dougherty: Remember the last hearing was the land usage issue.
Vice Mayor De Yurre: Lucia, Lucia, Lucia...
Ms. Dougherty: The lawyer for...
Vice Mayor De Yurre: Lucia, this is being going on for years. The same
issue. We are going to have money. We are going to have parking.
Ms. Dougherty: Remember the appeal, though, was from the Historic
Preservation people. The lawyer who represented the applicant at the time was
prepared to answer those kind of questions.
Commissioner Plummer: No, the appeal was because they didn't pay the fee.
Ms. Dougherty: He was not prepared to answer the questions about parking and
money. We'd like a further hearing to bring forth new evidence.
Vice Mayor De Yurre: Wasn't it here? Wasn't the gentleman here?
Ms. Dougherty: Which gentleman?
Vice Mayor De Yurre: The applicant.
Ms. Dougherty: Yes, he was here. Well, I don't know if he was here or not.
Vice Mayor De Yurre: Well, he should know about parking. It's his project.
He should know about money. He should know where his money is corning from. I
just, you know - and, you are not telling me...
Ms. Dougherty: All we are asking for is a new hearing on this issue,
Commissioner.
Vice Mayor De Yurre: OK, well. I'll just vote no. Go ahead.
Mayor Suarez: OK. Anything further from any other Commissioners? If we did
not reconsider and if they did not appeal or win some redress from the court
system, what they would have to do is wait a year - is that the appropriate
timing?
Mr. Rodriguez: I think it would be twelve months from the last actions, yes.
Mayor Suarez: And, twelve months, most of the time, is a year?
Mr. Rodriguez: Right. I am trying to figure out the date, I am sorry. Yes,
most of the time. But, I think in this case what is happening...
Mayor Suarez: In common parlance. I thought you were trying to get cute on
me. A year minus one day or something.
134 September 27, 1993
Mr. Rodriguez: No, no. I am trying to buy time to think the answer. Because
what happens is...
Mayor Suarez: That's very good, Mr. Rodriguez. All right.
Mr. Rodriguez: Because it's on a change of zoning, I think in this
particular, case they might not have to wait for that time period. It shows
in his case...
Mayor Suarez: Maybe in Tallahassee, Representative Morse has a different
usage of that.
Commissioner Alonso: Now, that we have established what is a year, that it
contains twelve months...
Mr. Rodriguez: I think in his case, Mr. Mayor, is basically a matter of going
under the old ordinance...
Mayor Suarez: All right.
Mr. Rodriguez: ...and using that avenue. You know.
Mayor Suarez: OK.
Commissioner Plummer: Well, please let me put on the record. You know, you
are talking about a lot of things. My whole objection to the project was
parking. The total - total lack thereof - and if nothing more, I want to see
where they've got parking. That they couldn't get over a five year period.
They are saying that they've got new evidence about parking - is why I am
voting for it - period.
Mayor Suarez: OK. Moved and seconded. Any further discussion on the motion
to reconsider? If not, please call the roll.
135
September 27, 1993
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION N0. 93-595
A MOTION TO RECONSIDER PRIOR VOTE ON ADOPTION
OF R 93-393 (THE CHINATOWN PROJECT) WHICH HAD
REVERSED THE ZONING BOARD'S DECISION TO GRANT
AN APPEAL (PURSUANT TO ORDINANCE 11000) FROM
THE ZONING BOARD ADMINISTRATOR'S REVOKING OF
CERTAIN DESIGNATED BUILDING PERMITS DUE TO
FAILURE OF APPLICANT (MR. I.SAAC SHIN) TO MEET
PREVIOUSLY ESTABLISHED CONDITIONS ON RECORDED
COVENANTS.
I
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.
NOES: Vice Mayor Victor De Yuxre
Mayor Xavier Suarez
ABSENT: None.
Mayor Suarez: OK.
Ms. Dougherty: Thank you.
------------------------------------------------------------------------------
35. RESCHEDULE NOVEMBER REGULAR AND PLANNING AND ZONING CITY COMMISSION
MEETINGS To BOTH TAKE PLACE ON NOVIIMBER 18, 1993.
-------------------------------------------
i
A. Quinn Jones III, Esq. (City Attorney): You need to set a date specific
for
a public hearing.
Mayor Suarez: Yes, what is the recommended date?
Mr. Rodriguez: October 28th.
Mayor Suarez: I thought she was going to ask for it to be after
the
elections.
Commissioner Plummer: What?
136 September 27,
1993
Mayor Suarez: So, I wouldn't be sitting here.
Cammissioner Plummer: Wait, wait. You are talking about November?
Mr. Rodriguez: October... Well, I was thinking October...
Commissioner Plummer: Why would you change the dates in October?
Mr. Rodriguez: The date in October of the planning and zoning will be October
28, as far as I know.
Commissioner Plummer: Well, what dates are changing - any of them or just the
ones that we got to change? We never changed November, last meeting.
Mr. Rodriguez: I don't know what you are talking about.
Commissioner Plummer: Because of Thanksgiving, we were supposed to change a
meeting date and we didn't do it.
Commissioner Alonso: We always change November.
Commissioner Plummer: I kept bringing it up at the last meeting and you all
never did anything on it.
Mayor Suarez: We never did that last meeting, right?
Mr. Rodriguez: No.
Mayor Suarez: We never did that last meeting.
Commissioner Plummer: I mean, you want to eat turkey here. That' fine with
me. It's eating crow, eating turkey...
Mayor Suarez: Yes, but we are in October now. What do we want to do with
October?
Commissioner Plummer: Nothing in October, that I know of, needs to be
changed, is it? Is there a reason?
Mr. Rodriguez: As far as I know, there has been no change in Commission
meetings.
Mayor Suarez: OK. So, you are proposing this...
Commissioner Alonso: Change the October to the 21st.
Commissioner Plummer: What about Cristobal Colon?
137
September 27, 1993
i
Mr. Rodriguez: October 12th.
Mayor Suarez: What does that have to do with what we are doing?
Commissioner Plummer: Because I got to put on my pantyhose, dummy.
Mayor Suarez: The second meeting in October, do you have any problem?
Commissioner Alonso: You canceled the 12th. And, you can meet in October
14th.
Mayor Suarez: You're going to dress up in that costume again?
Commissioner Plummer: I am the only one that's got a costume. Are you
kidding me.
Mayor Suarez: Do they pay you a lot for that?
Commissioner Plumper: Madam Clerk, the 21st is what you want - Madam
Commissioner, you want 21?
Commissioner Alonso: Yes.
Mayor Suarez: All right. For the meeting that would be scheduled on October
21st, and we are about to take a vote on that. Is that so moved?
Commissioner Plummer: The only thing I got to worry about is October...
Commissioner Alonso: See if Commissioner Dawkins doesn't have any objections.
Commissioner Dawkins: Yes, ma'am.
Commissioner Alonso: We are talking about the possibilities of changing
October to the 21st.
Mayor Suarez: The second meeting in October.
Commissioner Plummer: From the 28th.
Commissioner Alonso: Second meeting.
Mayor Suarez: Th the 21st instead of the 28th.
Commissioner Dawkins: Yeah.
Commissioner Plummer: OK, subject to no Commissioner having a major problem.
Commissioner Alonso: Exactly.
Commissioner Plummer: I move it.
Mr. Rodriguez: Mr. Mayor...
138 September 27, 1993
Commissioner Alonso: I second it.
Mayor Suarez: Yes, sir.
Mr. Rodriguez: I would like to be able to go back and check on the
advertising requirements of all the planning and zoning items.
Mayor Suarez: Oh, as always. We are going hold off, and remind us then.
Mr. Rodriguez: OK.
Commissioner Plummer: OK.
Mayor Suarez: In any event, Lucia presumably it will be the second week in -
the second meeting in October, then.
Commissioner Alonso: You have one... One month, almost a month.
Mr. Rodriguez: Well, but we have so many days in some cases.
Commissioner Plummer: All right, Mr. Mayor, do you want to set now the change
of the Thanksgiving date?
Commissioner Alonso: To what?
Commissioner Plummer: To the 18th, I would assume.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Commissioner Plummer: That will be the November meeting?
Commissioner Alonso: Yes.
Mr. Jones: To the 18th?
Commissioner Dawkins: And, one meeting in November.
Commissioner Plummer: OK. The 18th.
Commissioner Alonso: One meeting in November, the 18th.
Commissioner Plummer: Because of Thanksgiving.
Commissioner Dawkins: OK, OK, no problem.
Commissioner Plummer: Now, I don't have a December calendar. But, we've
always made the December... the two meetings in one, and we've done it early
in the month. So, Maurice Ferre could go to New Hampshire skiing.
Mayor Suarez: May we leave that for... two mayors after Maurice, and set that
in... Early in November.
139 September 27, 1993
Commissioner Plummer: No, we are just getting rid... We are getting rid of
you. He always used to make the mistake of coming back. But...
Mayor Suarez: Really... We have a motion and a second on the October
meeting, I believe.
Commissioner Plummer.: We have a problem with October?
Mr. Jones: November.
Mayor Suarez: On the November meeting, rather, October, we are still
checking. OK. Please call the roll on that.
Commissioner Plummer: To the 18th?
Mayor Suarez: Right.
Commissioner Alonso: Yes, one.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-596
A RESOLUTION RESCHEDULING THE ONE REGULAR COMMISSION
MEETING IN NOVEMBER, 1993 TO TAKE PLACE ON NOVEMBER
18, 1993.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
140 September 27, 1993
------------•---.------------------------.----------.------------•---------•--------
36. (Continued discussion) FURTHER CLARIFYING COMMENDS ON THE CHINATOWN
PROJECT. (See label 34)
------------------------------------------------------------------------------
Mr. Jones: Mr. Mayor, one further clarification on the previous item on
Chinatown.
Commissioner Plummer: Yes.
Mr. Jones: I need a specific instruction, if it is your desire for us to join
with them, for remand. One question I have of Ms. Dougherty - I was wondering
why a remand as opposed to dismissing the appeal? Why a remand as opposed to
a dismissal?
Ms. Dougherty: The remand - I've had this discussion with Miriam...
Commissioner Plummer: I don't understand this.
Ms. Dougherty: ...so, you may want to talk to her about it. But, this is in
our view, the best way to accomplishment. Dismissing the appeal will not
preserve our rights in the future.
Mayor Suarez: OK.
Commissioner Plummer: I am sorry. Would somebody give me...
Mayer Suarez: No, that's a legal confusion. You don't want to delve into it,
please.
Commissioner Plummer: That's what I am asking. Tank you.
Mayor Suarez: Thank you.
Commissioner Plummer: ...I waive consecutive translation.
Mayor Suarez: Thank you, very much.
----------------•--------------------------------------------------------------
37. DISCUSSION CONCERNING TRAFFIC CONTROL PLAN FOR COCONUT GROVE BUSINESS
AREA -- DIRECT ADMINISTRATION TO SCHEDULE PUBLIC HEARING FOR SECOND
MEETING IN OCTOBER.
------------------------------------------------------------------------------
Mayor Suarez: Item 30. Traffic control plan for Coconut Grove business area.
Commissioner Plummer: Item what?
Mayor Suarez: Thirty.
141 September 27, 1993
Commissioner Alonso: Thirty.
Commissioner Plummer: I thought we were going back to eight?
Mayor Suarez: As soon as we finish this section, we'll go right back to eight
and seventeen.
Co rdssioner Alonso: He said we were going to finish the personal
appearances.
Mr. Jim Kay: Mr. Mayor, in an effort...
Mayor Suarez: In fairness to people who we've been tabling...
Commissioner Plummer: Oh, OK.
Mayor Suarez: ...items and deferring and they should be heard.
Mr. Kay: Mr. Mayor, in effort to improve traffic circulation in the Coconut
Grove Village Center, the Coconut Grove Chamber of Commerce is proposing that
a barricade be constructed from...
Commissioner Plummer: Excuse me, from here on, as long as I'm on this
Commission, do me one favor, don't ever refer to them as barricades. Refer to
them as traffic diverters, please. Don't ever want to hear about...
Unidentified Speakers: They are barricades.
Commissioner Plummer: ...Not you.
Mr. Kay: Yes, sir.
Mayor Suarez: Traffic diverters...
Mr. Kay: OK.
Mayor Suarez: ...which obviously some people would use a different
description to try to color their views on them.
Commissioner Plummer: Please, call them traffic diverters. Please.
Mayor Suarez: TD's for short. All right.
Mr. Kay: I'll keep it that way. Traffic - they want to install a traffic
diverter at the intersection of Grand and McFarlane. It's more specifically
from the corner of the Coconut Grove Bank to the corner of Johnny Rockets, I
think that's pretty clear. And, further, they would like to have Metropolitan
Dade County conduct a traffic study prior to the installation of the barricade
to see how this will work. And, also to make certain adjustments to traffic
lights and to traffic lanes to accommodate the new traffic diverter. And,
then to make subsequent studies after the diverter is installed.
Commissioner Plummer: Would this be a permanent or a temporary?
142 September 27, 1993
Mr. Kay: They are talking temporary for right now.
Commissioner Plummer: But, I mean... You don't have a map up there, I don't
have a map in front of me. Could you get a chalk board and draw it? You are
talking about across - he told me - from Johnny Rockets to where?
Mr. Kay: The Coconut Grove Bank. The corner of the Coconut Grove Bank.
Commissioner Plummer: That's the one... In other words, are you talking
about all the way over? Show me on... How would you get - how would you go
up and dcx. n McFarlane?
Unidentified Speaker: Could I remind you of what is happening?
Commissioner Plummer: No. You are not authorized to speak. You are out of
order.
Mayor Suarez: We will definitely be hearing your viewpoint. Don't worry.
Commissioner Plummer: All right, where are you talking about? You are
talking about on McFarlane, right?
Mr. Ivan Fernandez: Yes, Commissioner Plummer. My name is Ivan Fernandez,
secretary of the Coconut Grove Chamber of Commerce. And, the particular
position - or the location that we are referring to - is right along Grand
Avenue from a point at the Village branch of the Coconut Grove Bank to Johnny
Rockets. But, the barricades...
Commissioner Plummer: No, wait, wait, wait. Now, would you still then be
able to travel up McFarlane and around back on Main?
Mr. Fernandez: Yes, sir, absolutely. The...
Mayor Suarez: And, when will this be put on?
Mr. Fernandez: When will it be put on?
Mayor Suarez: You are talking about permanent?
Mr. Fernandez:
We are
asking for a
temporary study. As a matter of fact...
Mayor Suarez:
No, no.
What hours
of the day and the week?
Mr. Fernandez: Twenty-four hours a day, seven days a week.
Commissioner Plummer: If you are coming Main, northbound, has do you get on
McFarlane?
Mr. Fernandez: If you are coming Main northbound, you simply turn on to
McFarlane. There is no...
Mayor Suarez: You can go right and you can go left.
143 September 27, 1993
Mr. Fernandez: Traffic - it is intended to create a steady flow of traffic
from Main Highway to McFarlane Road and vice -versa.
Commissioner Plummer: That's not... That's not a steady flow, that's a
steady bottleneck.
Mr. Fernandez; No, what we are trying to avoid is the bottleneck that is
created by the...
Commissioner Plummer: No, the bottleneck today. What you have and of that,
you have one, two - two lanes - when you try to turn, usually the inside lane
instead of going up Main Highway, today it is going out Grand. You got
another lane coming into Grand, it's a bottleneck today. Viat's going to be
worse because you are condensing it down.
Mr. Fernandez: If I may take a moment to explain what we discussed at the
committee and yet the reason behind this recommendation. We've had a
committee meeting for several months now, hosted by the Coconut Grove Chamber
of Commerce, including individuals from several of the homeowners
associations. Mr. Lou Wechsler is here today from the South Grove Homeowners,
Mr. David Gell from the Center Grove. And, there are other representatives
from other organizations and the Civic Club. What we want to try to do is
find a way to increase the flow of traffic through out that intersection
knowing - number one - that the light has to circulate several times to let
each feeder into that intersection pass. It has to circulate once for Grand
and McFarlane, once for Grand and Main Highway, and so on and so forth. But,
what we are trying to do is find a way to let what we have been let to
understand is a major thoroughfare - Main Highway to McFarlane Road operate
independently over what is considered to be a side street, Grand Avenue. That
way, there is less of a need to stop the traffic, with the traffic light,
except to allow pedestrians to cross. And, the traffic should flow more
smoothly. Now, this isn't something that we came up with now that's brand
new. Apparently, this or a portion of this was developed in at least one
study which took place in 1988, I am told. At the time, the idea was tabled
because it also required that McDonald be extended to go all the way through
to Main Highway. That part of the idea was not very popular_. But, the notion
that - and, forget the barricades for a second - the notion that a change in
the traffic flow pattern at Main, McFarlane, and Grand Avenue, would ease
traffic movement is a viable one. And, that is what we are suggesting. We
would like to ask this Commission to ask Metro Dade DOT (Department of
Transportation) to conduct a study to see if that idea would in fact be
viable. There isn't anyone here now who can tell you with any degree of
certainty that it would definitely work. I don't know that it would
definitely work. But, I'd like to ask you to ask them to conduct a study and
see if it would. And, if they think it would, to try it for ninety days. Try
it for ninety days with some type of a temporary traffic direction control
device. And, see if we can make it go.
144 September 27, 1993
Commissioner Plummer: You know, the only thing I see is on Friday, Saturday
and Sundays where these kids are cruising. That I see as a real deterrent for
them to be doing that. But, Al, right now on Main, they turn right on red
right now to go down McFarlane towards the water. And, as... You know it's
not a steady flow that they don't have to slow down and be cautious. But, I
just... I don't think there is enough room to get around - you are funneling
two lanes this way towards the water and two lanes towards Grand. There is no
way you are going to get four lanes around that intersection.
Mr. Fernandez: Well, Commissioner, I don't know whether we would want to get
four lanes around that intersection. Maybe two lanes might be the right
thing.
Commissioner Plummer: Then you are creating a bottleneck.
Mr. Fernandez: We have two lanes on Main Highway anyway.
Commissioner Plummer: Excuse me. You got two lanes - you actually have four
lanes - which would never get around that corner. No way.
Mr. Fernandez: No, but... The bottleneck, right now, is created on Main
Highway were the four lanes turn into two lanes.
Commissioner Plummer: I understand that also.
Mr. Fernandez: So, it's just a question of moving it elsewhere and perhaps...
Commissioner Plummer: Yes, so now you are going...
Mr. Fernandez: ...without the interference of the traffic control devices at
regular intervals, perhaps the traffic would flow a little more smoothly.
But, I don't know that...
Commissioner Plummer: Yeah.
Mr. Fernandez: That's what we are asking. Let's ask somebody, who is a
professional, take a look at it.
Commissioner Plummer: Yeah, but see. And, now you know what your Police
Department - what used to be your Police Department - is doing also on Friday,
Saturday and Sunday. They are coming up with a temporary barricades at Grand
and Virginia.
Mr. Fernandez: Commissioner...
Commissioner Plummer: One more area where you can't turn.
Mr. Fernandez: Excuse me. I know the reason for that. I was still in charge
of the district when they started doing that. But, when I...
Commissioner Plummer: Well, and then you put the road blocks in there. You
have policemen stopping cars for 87 deep, all the way down the road. Hey, go
ahead. I...
145 September 27, 1993
1FT?
Mr. Fernandez: I think that I've always considered my Police Department
whenever I'm gone, I'll still consider it my Police Department. But, I don't
speak in that capacity today. And, I don't want to confuse the two things.
But, back in the year - late 80's - I was a lieutenant on the midnight shift.
We were putting up barricades temporarily. And, we had to police them with a
tremendous number of officers just to see if they would work. And, A didn't
work back then because they weren't set up to cooperate with traffic control
devices that are existing, with lane markings that are existing. 'What we are
asking is a test. A study by Metro Dade DOT, look first, let's see if the
idea may work. If it does, or looks as it may work. Try it for three
months - just for three months. And, if it works, bring it back to this
Commission. I have full confidence in this Commission to be able to say: we
liked the idea, or we don't like the idea. And, either abandon it or make it
happen.
Mayor Suarez: All right, anything further, David? If not, we'll go to...
Are you still on the council? Has the council taken a position on this?
Unidentified Speaker: Mr. Mayor, I cannot remember at this point.
Mayor Suarez: OK, thanks. That's very honest. He remembers.
Mr. Fernandez: We brought the matter before the Village Council and the
Village Council after much discussion voted to approve recommendation of the
study.
Mayor Suarez: A study.
Mr. Fernandez: On the condition that before anything is implemented
permanently, that the matter be brought back to the Village Council for
consideration.
Mayor Suarez: OK. Mr. McMaster.
Mr. Jim McMaster: The way it actually...
Mayor Suarez: You can use a regular one, if you want. If you don't need to
point anything, you can use the regular one. Just sort of leave that one
there. She'll turn it on.
146 September 27, 1993
Mr. McMaster: The way it went at the Village Council was - I think the
majority of the council was not very happy of the proposal. And, the way they
found to bury it was to say: OK, we are discussing a planning study for
Coconut Grove, which among ..urselves we knew it would take a year. or two. So,
to please the Chamber, they voted to say: Yes, OK. Wrap this up on the
planning study. They did not approve this as a separate study. They thought
that it was a way to bury it within the planning study. That's what they
approved. I think there are two issues here. The one issue is, you have the
Chamber meeting in the glass... ccxnnu ttee meeting in the glass house two
afternoons. Arid, they've come up with this idea and they brought it to you
for a barrier. Well, where is the rest of the ccxrmunity being informed?
Where are the public hearings? It's just incredible to me that you've just
gone through... I'm all for barriers myself, as far as residential
neighborhoods, and protecting our tax -base, the crime, you need to protect
your neighborhoods. I went up to 15th Street recently, where we used to live,
it looks like hel, down the toilet. We need to protect our neighborhoods.
But, there are meetings, there is input... Coral Gate, Mercy Hospital up
there. There are meetings, there have been no meetings. What the Chamber has
two little meetings and comes to you all and says, "Let's do a barricade and a
study." The other issue is that in 1974, we had a plan of Coconut Grove that
the entire Community worked with. At that point, they came up with the
existing configuration of Main, McFarlane and Grand and the lights. 'That's
what they were agreed on. There were other proposals that everyone turned
down. In 1988, the City spent $65,000 to come up with this traffic study that
the entire Community worked on. The people who carve up with this came up with
I the idea of putting this barrier up. But, they said the barrier would destroy
the circulation in the Village Center and we have to extend McDonald Street
down to Main Highway. As three of you remember, because all three of you
voted on the resolution to say you would never extend McDonald. You know, the
community turned out en masse. You should each have a little packet here with
newspaper articles, with copies of this study. The fact is you just spent
$65,000 to tell you that this is a ridiculous idea. We thought the idea had
been dropped. Quite a while ago, we spoke to Pete Hernandez, of the County,
and he also doesn't want to touch this with a ten foot pole. He indicated to
us that if anyone would consider this - you better start considering the cost
of a stoplight on Main and - at the South Bayshore Drive and Mary, a stoplight
at Mary at Grand, and a stoplight at Commodore and Main Highway.
Commissioner Plummer: That's not a bad idea.
Mr. McMaster: Well, now, I can guarantee you, the County taxpayers are just
as strapped as the City taxpayers. So, they'll be back to you with handouts
saying: You fund the study. And, you come up with these traffic lights.
Commissioner Plummer: Well, I'll tell you, you ask the man that was killed
two weeks ago on a motorcycle at Mary and Bayshore. His family will tell you,
"Put it in, yesterday."
Mr. McMaster: All right, but... You know, realistically we don't have the
money.
Commissioner Plummer: There are a hell of a lot of accidents that occur at
Bayshore and Mary.
147 September 27, 1993
}
fk
Mr. McMaster: Well, then you go to the State and the County and you ask for
one.
Commissioner Plummer: It is dangerous.
Mr. McMaster: You know...
Commissioner Plummer: And, I am telling you that I think to put a traffic
light in there would be one of the best thing that could happen to Coconut
Grove.
Mr. McMaster: I mean of the...
Commissioner Plummer: Excuse me, he also happened to be a Metro policeman.
Mr. McMaster: Oh, OK. You know, but Mr. Lee's memo to you talks about how we
are not going to do everything at once. Are we doing it helter skelter now?
Yeah, you have sort of - as far as I am concerned, you have to options. One,
to kill it right now before we all go through six months of meeting and agony.
Because the community is not going to accept this. Any proposal you sent to
the County, we will follow it to the County and try to defeat it there.
Mayor Suarez: What if we just simply refer it to the County for their study?
I don't presume that the fact that we've referred it to them means that
automatically they'll do a study. But, I mean...
Mr. McMaster: No, excuse me, sir, I think the Miami community...
Mayor Suarez: You've any problem with that, Jim?
Mr. McMaster: We have residents in the City of Miami. It is nice that the
Dade County Commissioners get to decide whether or not we put a barricade in
Coconut Grove. But, the residents of Coconut Grove haven't...
Mayor Suarez: I understand. But...
Mr. McMaster: ...we haven't heard about it, yet.
Mayor Suarez: ...if they form a study and if... I don't know why they
would... Why would they have jurisdiction? Or, just simply we are looking
for someone to pay the...
Mr. Kay: All three of those was McFarlane, Main and Grand are County roads.
Mayor Suarez: They are all County. And...
Commissioner Plummer: Mr. Mayor, I think our options, and if you want my
opinion, we either kill it. Or, we have a public hearing.
Mr. McMaster: Exactly. Thank you.
Mayor Suarez: All right. This clearly doesn't constitute a public hearing
under that parameter that you are talking about.
148 September 27, 1993
Commissioner Plummer: No, this was for discussion.
Mayor Suarez: All right.
Ms. Esther Mae Armbrister: OK. My name is Armbrister and I live at 3350
Charles Avenue. I would like to know how is this traffic going to affect the
black Grove especially Charles and Franklin Avenue? Where... I am slow on
understanding what you are talking about.
Commissioner Plummer: Depends on who you ask.
Mr. Armbrister: But, I beg your pardon?
Commissioner Plummer: It depends on who you ask. If you ask Al, he is going
to tell you it is going to improve it because it is going to flow better.
Ms. Armbrister: It seems that way.
Commissioner Plummer: If you ask the mothers, it's going to be a bottle neck.
Ms. Armbrister: Ah, no, no, no. You can not improve Charles Avenue. We have
enough traffic on Charles and Franklin Avenue already. If you don't live
there, you might visit there. But, you don't do it at the right time. No,
no, we cannot take it. You are going to make some other kind of plans. We
are tired of you dumping all of the traffic and all of the stuff that you
don't want. And, the rest of the Grove, or black Grove, or whatever Grove we
have, a Negro or colored, I don't know what we are no more. I'll appreciate
you telling me. Because we don't know.
Mayor Suarez: All right. That... Part of the purpose of this is to - the
opposite of dumping. In other words, it is to get people out of that
neighborhood and to flow freely so that they don't go into your neighborhood
and drive you crazy. Whether it will have that effect or just simply lead to
people driving even faster...
Commissioner Plummer: Yeah, and then they put a road block in.
Mayor Suarez: ...requiring more police and...
Commissioner Plummer: Delay you for two hours.
Mayor Suarez: ...and surveillance... God knows what effect it will have,
but...
Ms. Armbrister: Don't mention theme policeman cause they aren't worth the cost
of riding in the Grove. We need to call somebody to tell them who we are.
Maybe they'll come and see about us. But, every Friday and Saturday night, we
have trouble in the Grove. We call and call and call and we cannot get nobody
out there. So, a kid got killed the other night. Chief Ross promised us
faithfully that he was going to do a walk-through Friday and Saturday night.
But, he reminds me of a parent when a child is doing something wrong and pads
on the shoulder and says, "Mama is going to do it, make it all right." See
and nothing is happening.
149 September 27, 1993
Commissioner Plummer: Incredible.
Mayor Suarez: OK. But, that is a totally separate issue.
Ms. Armbrister: I know it is separate. But, the police is included in all
this kind of stuff.
Mayor Suarez: OK. OK. Are you concerned about this plan, or are you against
it?
Ms. Armbrister: Right now, I just like to better understanding I am against
it.
Mayor Suarez: I figured that was what you were going to say.
Ms. Armbrister: Right.
Mayor Suarez: All right, ma'am, anything further?
Ms. Barbara Lange: My name is Barbara Lange, and I live 3495 Main Highway.
Mayor Suarez: Why do you look at Plummer all the time up here like he is...
Mr. Lange: Stop laughing at me.
Mr. Kay: You better hide, J.L. She is coming after you.
Ms. Lange: The last time you did this...
Mayor Suarez: ...like you are expecting him to lash out in someway or
another. Go ahead.
Commissioner Plummer: I didn't say a word.
Ms. Lange: We talked about this at the Taurus already.
Mayor Suarez: At the Taurus.
Ms. Lange: Yeah, yeah.
Mayor Suarez: The barricades Commissioner. OK, what do you want to do - us
to do with this?
Commissioner Plummer: Traffic diverters.
Ms. Lange: Barricades, barricades.
Mayor Suarez: That's OK. But, you are always going to be known as the
barricades Commissioner, anyhow.
Commissioner Plummer: Barricade Baron.
Mayor Suarez: We spent more time on barricades on this Commission in recent
years.
150 September 27, 1993
Commissioner Plummer: Not me.
Ms. Lange: This happened in 1986.
Commissioner Plummer: Aviation was not mine.
Ms. Lange: The same barricades. And, this were only temporary barricades.
One of my neighbors in Arbitari was arrested trying to get home at night,
trying to get through the barricades. Now, if I remember correctly, everybody
hated this. The police hated it. The residents hated it. The business
community hated it. Nobody in Arbitari is for this. Nobody in Camp Biscayne
is for this, and they didn't even contact us, the Chamber of Commerce. And,
you've got to remember this is a subcommittee of a committee that has decided
this. And, they picked people that were going to approve it. We are against
this, and you should kill it.
Mayor Suarez: OK. Lou, you're shaking your head in agreement? Does that
mean that you're in agreement with her, or you're in agreement with the
presenters of the plan?
Mr. Lou Wechsler: I'm not in agreement with her, and I must tell you that the
plan was circulated at the regular Thursday meetings with the Police
Department. We ca e up with this idea originally. All of the homeowners'
associations were contacted for input into the committee meeting, and this is
one of the first times where our residential groups have been working very
closely with the Chamber.
Mayor Suarez: All right.
Mr. Wechsler: I think it's been a great allegiance. But I must make a
comment.
Commissioner Plummer: Well, you already got them up, Lou, where you are.
Mr. Wechsler: Well, let me tell you. We looked into it.
Commissioner Plummer: We're getting hell about those.
Mayor Suarez: Let's do something, because I see Jack getting ready and this
is not going to end. But if we're going to go to a public hearing...
Commissioner Plummer: Whatever you want.
Mayor Suarez: ... let's just put it, set it down for a public hearing. We
don't lose anything by that. We're going to take input anyhow. I don't think
we can implement it today.
Mr. Wechsler: Rather than go through a hearing and waste your time, and I
think the people that go to hearings and meetings - we're tired of meetings.
The professional way, I think, is what...
Mayor Suarez: You're tired of meetings? You should see it from this side!
151 September 27, 1993
{
I,*
Mr. Wechsler: I am, too. I don't get paid for it. We volunteer. But I
think...
Mayor Suarez: You don't get paid for it, he says. There's no money in the
world to pay for this.
Mr. Wechsler: The point I want to make is, you're talking about doing a
comprehensive plan. It's on your agenda today. Coconut Grove is long overdue
for a master plan. This is part and parcel of the same problem over and over
again. Until you have a master plan that's current; that is, takes into
consideration of today's problems of Coconut Grove on a total basis for
everyone, you're really not going to be able to have the input.
Mayor Suarez: All right.
Mr. Wechsler: One issue. And the second issue is, you could solve the whole
problem very quickly. Put more policemen out there. And you know, you know
what we're asking for.
Mayor Suarez: Low, I think we're heading in that direction.
Commissioner Plummer: You're wrong. You're wrong, Lou. I'm sorry. It's not
the answer, OK? The answer is, until Dade County gets off their duff and
builds roads that are adequate, that people are not having to cut through
neighborhoods to try to get home, and 1-95 is not a parking lot, and Dixie
Highway is not carrying 360 percent of capacity, and Bayshore is cut down to
two lanes When that is addressed, then the situation will change.
Mr. Wechsler: So, you need a study, and rather than go it, you handle it from
there.
Mayor Suarez: OK. Jack, real quick, because we've got other items, and this
is obviously leading to, if anything, a public hearing.
Mr. Jack King: OK. My name is Jack King. I live at 3695 North Bay Homes
Drive. And Mr. Plummer is correct, this is a long-term problem. But please
understand, what the Chamber of Commerce is trying to do here is to come up
with a solution. We're trying. Nobody knows exactly what will work at this
particular point, but the Village is a problem, people using it as a high
speed thoroughfare back and forth, we're getting a little tired of everybody
saying, "No, no, no, we don't want to do this." We're saying, "Let's try
something." Give us a shot her, Mayor, that's all we're asking for. It may
not work. And Mr. Fernandez has said, "Listen, it might not work," and we'll
change it, if it doesn't work. But at least, let's move ahead with this,
because we have a problem that is here today, and it gets worse and worse all
the time, and we need to do something about it.
Mayor Suarez: All right. Let's set it down for a public hearing. When do
you want to try for it?
Commissioner Plummer: Mr. Mayor, it's immaterial. Whenever you want.
Mayor Suarez: OK. The second meeting in October, then?
152 September 27, 1993
Commissioner Plummer: That's fine.
Mayor Suarez: All right. So moved.
Commissioner Plummer: Make it after 5:00 o'clock in the afternoon.
Mayor Suarez: After 5:00. Moved and seconded. Any discussion? If not,
please call the roll. May I assume that your testimony is going to be
favorable to that idea, so we can get on with this, without having to...
Unidentified Speaker: Sort of.
Mayor Suarez: Good enough. Call the roll.
jCommissioner Pluimler: Wait a minute, wait a minute. How are we going to go
f about, Mr. Mayor, making sure that all people have the right to came and be
j heard at a public hearing? Are we going to do it in a newspaper notice? Are
we going to do it on Channel 9? Is Christina Abrams going to go door to door,
knocking on than, giving a poster? I mean, how are you going to do it? I
don't want people to come here on the 28th...
Commissioner Dawkins: Do all three, J.L.
Commissioner Plummer: Huh? Do all three? OK.
Mayor Suarez: OK. Call the roll, please.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-597
A MOTION DIRECTING THE CITY ADMINISTRATION TO
SCHEDULE A PUBLIC HEARING FOR THE SECOND
COMMISSION MEETING IN OCTOBER (OCTOBER 21ST)
AT 5:00 P.M., IN CONNECTION WITH AGENDA ITEM
30 (A PROPOSED TRAFFIC CONTROL PLAN FOR THE
COCONUT GROVE BUSINESS AREA).
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
.AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
i
153 September 27, 1993
Mayor Suarez: Item 31, and then we go back to the morning items that have
been passed over.
Mr. Ron Williams (Assistant City Manager): Thank you, Mr. Mayor.
Commissioner Plummer: Excuse me. Mr. Mayor, the idea of the commercial
accounts were Commissioner Alonso's. I think we should have her present.
Mayor Suarez: OK. Let's do that then, and go back to the other items.
Commissioner Plummer: Item 8 was also her item, Mr. Mayor.
Mayor Suarez: Lou, Ivan, everyone, the City Manager just tells me that that
cannot be scheduled for the 14th, it's not sufficient notice, so it will have
to be the November 18th meeting.
Mr. Sergio Rodriguez (Assistant City Manager): Right. It cannot be before
the 28th of October. We can go back, but we cannot go forward because we...
Commissioner Plummer: Well, make it the 28th.
Mayor Suarez: OK. That says everything. November 18th. There is no other
meeting in October.
Commissioner Plummer: The 28th.
Mayor Suarez: .We just changed it to the 21st.
Commissioner Plummer: Oh, I'm sorry, I'm sorry. I'm looking at the calendar.
Mayor Suarez: OK. It will be the November 18th meeting. Please advise
everyone and make sure that we get all of the input, so we don't - no?
Mr. Rodriguez: Ms. Mayor, I was trying to tell you that the Planning and
Zoning item of the 28th, we cannot move them before. Many of the items will
have to be cancelled if you move it to the 21st, because we don't have 30
days.
Commissioner Plummer: That's fine. Cancel them.
Mr. Rodriguez: That was what I'm trying to tell you. Not only the item...
154 September 27, 1993
Mayor Suarez: So we leave it on the 28th for now? Who wanted to change it?
It was Commissioner Alonso. OK. We'll see what she says, but advise her of
that, please. We'll leave it on the 28th. Does that mean that we can handle
this item on the 28th? It gives us 31 days?
Mr. Rodriguez: This item, yeah, because you are advertising it here today, I
guess, yeah.
Mayor Suarez: That's sufficient public advertising, Mr. City Attorney? All
right, I'm sorry. Back to November twenty...
Commissioner Plummer: Wait, wait, wait.
Mayor Suarez: Well, I'm not sure when we're going to do it, but just...
Unidentified Speaker: Make it the latest we can meet.
Mayor Suarez: Yes. I would figure you want to do it in 1999 or the year
2000, preferably, Jim.
Commissioner Pluuner: Well, I would hope we would honor her request to go to
the 21st.
Mayor Suarez: Yeah. It may be that we'll go to the 21st of October, and that
means that - well, I don't know. That means that we - what are we going to
consider on the 21st, if it's not enough...
Commissioner Plummer: Then you put it over to the 18th.
Mayor Suarez: No, no. But I mean there' s nothing that can be done on the
21st for Planning and Zoning, because it's not enough time to advertise.
Commissioner Plummer: Put them over to some other date.
Mayor Suarez: Then why are we going to meet on the 21st? All right. Anyhow,
we'll get to that in a few...
Commissioner Plummer: I'm sure they'll find something.
Mayor Suarez: We'll have to some how get through this logical puzzle we have
up here.
Commissioner Plummer: It will be your farewell party.
------------------------------------------------------------------------------
38.(A) DISCUSSION CONCERNING PROPOSED RESOLUTION TO EXECUTE JOINT VENIURE
AGREEMENT WITH BEDMINSTER/SEACOR SERVICES, INC. TO DESIGN / CONSTRUCT
/ ACCEPTANCE TEST / FINANCE / OWN / OPERATE A SOLID WASTE PROCESSING
FACILITY -- STIPULATE THAT PROPOSED SOLID WASTE PROCESSING FACILITY
SHALL NOT BE L )CNI`ED WITHIN CITY OF MIAMI LIMITS.
(B) EXECUTE AGREEMENT' WPIi-i JOINT VB1IURE OF' BEDMINSTER/SEACOR SERVICES,
INC. -- TO DESIGN / CONSTRUCT / ACCEPTANCE TEST / FINANCE / OWN /
OPERATE A SOLID WASTE PROCESSING FACILITY -- AUTHORIZE EXECUTION OF
INTERICCAL AGREEMENT WITH METROPOLITAN DADE COUNTY TO RELEASE THE
CITY OF MIAMI FROM THE REQUIREMENT THAT ITS SOLID WASTE STREAM BE
TAKEN TO COUNTY LANDFILL FACILITIES.
Mayor Suarez: Today is one of those days. Item 8, actually, was also
postponed at the request of Commissioner Alonso, so I guess it makes sense to
go to item 17, and that takes care of you too, and the protest here. Now, is
the protest any more germane now than it was this morning?
A. Quinn Jones, III, Esq. (City Attorney): Perhaps "protest" is wrong. I
spoke with Mr. Cohen over the break, and he's not really protesting. He
really wants to...
Mayor Suarez: Speak against the whole idea. All right.
Mr. Jones: ... make a statement against.
Mr. Howard Cohen: Allow me to clarify what happened this morning. When I
appeared before you in April, I was representing one of the companies that was
involved in this bid process. I no longer am related with that company, and
I've been working independently in forming a recycling federation here in the
County. The reason I'm here is that according to the first page of your City
Commission Agenda, that at least five days before the meeting, all material in
connection with each item should appear at the City Clerk's Office for
inspection during business hours. When I came here on Thursday to get a copy
of this contract for review, I was told it wasn't ready yet. So at the
suggestion of the City Clerk's Office, I filed what I thought was called a
protest, regarding the unavailability of that contract for, you know, people
to look at. I came back on Friday and I found it still wasn't here. I spoke
to Mr. Hernandez, one of the City Attorneys, who told me that it was still in
negotiation and might be ready this morning. To my knowledge, when I appeared
this morning, the contract was still not here. Now, I guess what I'm here
for, since I'm only a citizen and a business man, I am not allowed to invoke
the five-day rule and defer this matter. But you're voting on a 20-year
contract worth about $300,000,000, and I believe nobody on the Commission has
seen a final copy of this contract. I think that the appropriate thing to do
is to postpone this, simply because there are a lot of questions, as brought
up in today's newspaper article about this facility, as brought up by other
people who will probably speak after me, and the timeliness of this. We've
been talking through this federation with Commissioner Moss, of. the County
Commission, who is in charge of the Environmental and Land Use Committee, and
he has scheduled a round table meeting to invite the City of Miami, the
Bedminster Company, as well as others in the County that want to build
156 September 27, 1993
recycling facilities as a $45 tipping fee. So it would appear to me that it's
both appropriate because of the five-day rule, and timely because of the
possibility that you may end up with a much more reasonable package, to defer
this for 30 days. Now, I had a conversation with one of the members
representing the Bedminster group earlier, and I was told, frankly, that I'd
be better off not coming up here, and that if I didn't speak to you about
deferring this, I probably would get more cooperation from than later. I said
to them, "Well, why is it fair for the City to vote a $63.50 tipping fee, if
we're going to talk in 30 days about $45?" The remark was, "We'll talk after
we have the contract." So I guess while I'm not in a popular position, and I
understand all the political ramifications of the connections and the various
parties here, I still think that this should be deferred for 30 days. If
there's nothing wrong with this contract, it will still live in 30 days. It's
worth sitting down with Commissioner Moss and others to see if a $45 tipping
fee can be put into place, saving $4,000,000 (four million dollars) a year.
That's one percent of your City budget. So I'm here to ask somebody on the
Council to please invoke that rule. Thank you.
Commissioner Dawkins: Mr. Mayor, would you ask the gentleman what is meant by
"political ramifications," et cetera, because I don't follow what he's saying.
Mr. Cohen: Only relating to the article today in the newspaper. I mean,
obviously, there are parties involved with Bedminster, like Mr. Ferre, whose
father's a County Commissioner, and others, and I'm just concerned. Every
time I run into someone and tell them about this idea, about getting a $45
tipping fee, they say, "That's great, but there's political considerations."
So I'm only quoting the paper, and if the paper is wrong, I apologize.
Commissioner Dawkins: But I am miffed that you would stand there and quote
something from the paper, and then tell me that you're not concerned whether
it's right or wrong. All you're saying...
Mr. Cohen: Well, I'm concerned that it might be right.
Commissioner Dawkins: Well, no. You're not - but you're not concerned that
it might be wrong. All you're saying is that, "I saw it in the paper, so if I
can make the Commissioners look bad"...
Mr. Cohen: No, it's not...
Commissioner Dawkins: " ... by quoting something that might be wrong in the
paper, I will do that." And I take affront to that, sir.
Mr. Cohen: Well, I apologize. I'm not trying to make an affront on
everybody. I'm just concerned that this whole package is being pushed
through. You're voting to execute a contract that no one has seen the final
draft. It's a 20-year contract. What's the rush? Maybe I'm not professional
in standing up here and presenting my case as accurately as an attorney or
somebody, but the bottom line is still there.
Mayor Suarez: I don't know what to make of your suggestion of a $45 tipping
fee. I mean, I'd like the tipping fee to be 45 cents, but how can we make
that happen? What are you suggesting to make that happen?
i
157 September 27, 1993
Mr. Cohen: Well, we've met with people on your senior staff. We've met with
people at your senior staff level of Solid Waste, and I've introduced them to
certain vendors who can provide these kind of services. We've gotten
Commissioner Moss' office to agree to set this round table up in 30 days. I
was on the seller's side, if you recall, five months ago.
Mayor Suarez: I don't understand what you're suggesting. Are you saying that
if we somehow went through this whole process again and decided to put it out
for bids again, that on the second round, it might be less? Is that what
you're saying?
Mr. Cohen: I definitely think you'll see less, yes. I don't know if you...
Mayor Suarez: OK. So far, our total fee to the County to dispose of each ton
is how much?
Mr. Ron Williams (Assistant City Manager): At this point, Mr. Mayor, we have
two fees. A $68 fee if we take it to their transfer station, and $9 less to
the landfill or waste energy plant.
Mayor Suarez: So if we don't find some other diversion, we have to pay a
minimum of $68.
Mr. Williams: Fifty-nine. Sixty-eight or 59, depending on where we deliver
within Dade County.
Mayor Suarez: All right. So, I mean, we all would love - and by the way, I'm
a strong believer in recycling, and I'm a strong - I have a strong opinion
that the City has not done that adequately, by not having all kinds of
incentives built into the law to require recycling and reuse of things. But
given that, I don't think that's what you're proposing up here.
Mr. Cohen: What I'm proposing is that you defer this for 30 days, allow some
of your senior people to join with the other parties involved, with
Commissioner Moss, and in 30 days, come back with a report. If it's feasible
to do this at $45, it's worth the 30 days.
Mayor Suarez: OK. Very good.
Mr. Cohen: Thank you.
Mayor Suarez: I thought you had some other formula that had some magic to it,
but like everything else in life, there is no magic.
Mr. Cohen: Well...
Mayor Suarez: No, no, no, please. That's just my comment. I'm glad that you
spoke up. It was helpful.
Commissioner Plummer: Mr. Mayor, just for the record, again, this gentleman
came to see me and brought me the documents which he has spoken about here
today. Realizing what he had said, I sent these documents to the City Manager
and asked the Manager to comment. I think all of you have received the
comments of the Mayor (sic) relating to this proposal. Now, Mr. Cohen, even
158 September 27, 1993
today, disagrees with those remarks made by the Manager, which he is entitled
to, but I think at least it should be on the record that it was sent to the
Manager, the Manager did address the issues raised by him, and did answer them
in the memo form.
Mayor Suarez: All right.
Commissioner Plummer: I just wanted it on the record.
Mayor Suarez: Sir.
Mr. Hamby Hutcheson: Good afternoon, Commissioners. I'm here basically with
the same problem. I requested...
Mayor Suarez: Name and address, and if you represent any...
Mr. Hutcheson: My name is Hamby Hutcheson, Kendall, Florida, and I'm here for
the same reason. I was unable to get a copy of the contract so that I could
review it, therefore, I'm here to ask a question. I called the City
Attorney...
Mayor Suarez: And who - I'm sorry - who do you represent? Just yourself as a
private citizen?
Mr. Hutcheson: Myself as a private citizen.
Mayor Suarez: And where do you live?
Mr. Hutcheson: Kendall.
Mayor Suarez: It's interesting that you should have, if that's your only role
here, so much concern for the City's handling of its solid waste stream.
That's the only interest you have? You're not in the industry at all?
Mr. Hutcheson: No.
Mayor Suarez: OK.
Mr. Hutcheson: I'm interested in a legal issue relative to the contracts, and
due to the fact that I'm not able to review the contract, I called the City
Attorney's Office to find out whether or not there was a clause in the
contract that specifically asked for disclosure of the corporations, the
directors, the senior operations officers of the corporations that are making
this contract.
Mayor Suarez: How far did we go in that? How far did we go in that
disclosure requirement? I mean, we obviously don't always need to know every
single employee, but I mean, we do know who the principals are, do we not?
Mr. Williams: Yes, Mr. Mayor, we have all of that.
Mayor Suarez: Who are the principals?
Mr. Williams: Let me pull it for you. We went through it, Mr. Mayor, during
the time of the agreement.
159 September 27, 1993
kh
Mayor Suarez: I presume it's not a publicly held company. I presume there's
not thousands of them. Can you just state who they are?
Mr. Williams: Sure. Yes, I sure can.
Mayor Suarez: For the gentleman's satisfaction. And if they're the same as
the directors, if you know who the directors are, and the officers, that gets
everything on the record.
Mr. Williams: If I may take a quick minute, Mr. Mayor, and just grab their
package here, because I don't have that in my book in front of me.
Mr. Hutcheson: I think the issue that I was particularly trying to address
was the fact that I understand that there's no contractual obligation in this
I contract as it's being drafted that requires this disclosure of these
individuals at the director and senior operating officer level, specifically
related to any legal actions or litigation filed against those individuals as
directors and operating officers.
Mayor Suarez: I have no idea what you're saying. Are you saying that there's
nothing in the agreement, proposed agreement, that requires them to disclose
any and all litigation against any and all principals?
Mr. Hutcheson: That's what we're trying to determine. I asked that question
specifically this morning.
Mayor Suarez: Let me just ask. Have we ever in any case of the City
contracting with an entity required that they disclose all of the litigation
against them in any County in the United States? I mean, in Dade County, it's
all available. If we haven't looked at it, it's probably something we're
remiss in doing.
Mr. Hutcheson: Well, I think it's an issue if we go out...
Mayor Suarez: Wait, wait, wait, please.
Mr. Jones: Mr. Mayor, that's not a standard provision in one of the
contracts.
Mayor Suarez: I didn't think it was.
Mr. Jones: But from my understanding, in the meetings and negotiations that
have been taking place, they have agreed to put that language into the
contract.
Mayor Suarez: They've agreed to put that language. If you have, by the way,
any indication that any of these people that are involved in this...
Commissioner Plummer: That's the point I was going to make.
Mr. Hutcheson: No, I think the answer...
Mayor Suarez: Wait, wait, wait - have any pending litigation that you would
like us to know about, and that we should do more research, and that comes up
160 September 27, 1993
sometime up here, you know. All of a sudden, somebody says, "By the way, you
know, you may not know it, but." In Dade County, it's very easy for us to
obtain it, but in other Counties and other parts of the United States, they
have all kinds of litigation, and it shows that they're being accused of fraud
in 25 instances, or they have judgments against them or something, we'd like
to know about it.
Commissioner Alonso: Because that's the impression he is giving.
Commissioner Plummer: I don't know what he's talking about.
Mr. Hutcheson: I think the marina issue exemplifies exactly what we have.
Mayor Suarez: No, no, forget the marina issue. I'm saying that if you have
any in this case. Do you have any indication whatsoever?
Mr. Hutcheson: No. My interest has been solved by the fact that this
disclosure has been put into the contract.
Mayor Suarez: All right.
Commissioner Plummer: But wait a minute, sir. You've put a cloud here by
your innuendos today.
Commissioner Alonso: Yes.
Commissioner Plummer: Do you, on the record, sir, do you know of any
litigation against any of these parties that would be detrimental for this
Commission to make a decision?
Mr. Hutcheson: I do not know who the directors and officers of Bedminster are
at this time.
Mayor Suarez: All right. Well, you're going to hear them right now. Let's
see. Who are the directors, and officers, and principals?
Commissioner Dawkins: But if he doesn't know who they are, what difference
does it make who they are? He wouldn't know who to put a case against or not.
I mean, this is an exercise in futility.
Mayor Suarez: No, no, we're going to get on the record who they are, because
that's a separate request that he made, and it's a fair one.
Mr. Williams: Sure. Mr. Mayor, I would have to just indicate that I've got
Mr. Chuck...
Mayor Suarez: Oh, please, just give me a simple answer! Who are the
principals? Can somebody tell on the record here? Why is this so difficult?
That really makes his concerns and his inquiry...
Commissioner Alonso: Let the gentleman address...
Mr. Williams: May I, Mr. Mayor, please?
161 September 27, 1993
Mayor Suarez: Yeah, but give me some answers! Don't give me a long preamble,
Ron. I want answers.
Mr. Williams: I'm trying to wait until you finish, sir. Mr. Charles.
Mayor Suarez: But you were getting started in some long-winded thing. Just
tell us who they are.
Mr. Williams: Mr. Charles Carter is the President and CEO (Chief Executive
Officer). He's going to give you all of the officers.
Mr. Charles Carter: I will start with the directors of the Company. David
Pipers (phonetic), ,Tames Yaney (phonetic), Charles Carter, Nelson Lydell
(phonetic), Larry Finn (phonetic), Jim Tracey - I don't think we're on here...
Mayor Suarez: Another one that doesn't seem to have a list of his own
k directors handy. OK. Who are your officers?
Mr. Carter: I don't carry it, but the officers are myself, I'm President and
Chief Executive Officer; Larry Finn is a Vice President; Nelson Lydell is a
Vice President; Hugh Etinger (phonetic) is a Vice President; Frank Aspell
(phonetic) is a Vice President of the company. And there's no litigation
against the company, or any officer, or any director of any kind.
Mayor Suarez: How about stockholders? Who are the stockholders? Can you
reveal that? Do you have any problem with that?
Mr. Carter: We are having no problems with stockholders. The major
stockholder of the company is Dorothy Dillon Eweson (phonetic). She is the
one - her brother is Douglas Dillon, who was Secretary of the Treasury under
President Eisenhower. The Dillon family is one of the most prominent families
in the United States, and they are the primary backer of our company.
Mayor Suarez: Who are the other stockholders? Are they many? Is it a
publicly held company?
Mr. Carter: It's a private company, and there are approximately 30
shareholders of the company.
Mayor Suarez: OK. Is that list available? Do you have any problem releasing
that?
Mr. Carter: No, I have no problem releasing it, and in our submittal with the
RFP (Request for Proposals), we listed all our directors, we listed all
officers of the company. It's in the RFP response.
Mayor Suarez: Very good. OK. Sir, that kind of answers your question, I
believe.
Mr. Hutcheson: Is David Pipers the David Pipers at 610 5th Avenue,
Rockefeller Center in New York City?
Mr. Carter: 610 Rockefeller Center.
162 September 27, 1993
Mr. Hutcheson: The Pipers and Company?
Mr. Carter: Pipers and Company, that's correct.
Mr. Hutcheson: Then I have filed litigation against Mr. Pipers for fraud.
Mr. Carter: You have filed litigation against David Pipers?
Mayor Suarez: What is the style of...
Commissioner Plummer: You know, wait, wait, wait. I got a problem here.
Sir, you were asked if you had any reason to be here other than a private
citizen.
Commissioner Alonso: Yes.
Commissioner Plummer: It doesn't sound like to me you're here now, sir, as a
private citizen.
Mr. Hutcheson: No, sir. If I...
Commissioner Plummer: You should have been honest with us from the very
beginning.
Mr. Hutcheson: Absolutely not, sir. I specifically was not positive that Mr.
Pipers was a director of their corporation.
Commissioner Plummer: Well, why didn't you say that?
Mayor Suarez: Yeah. You should have said that maybe the same Pipers with
whop I have litigation in court right now. Where is your case?
Mr. Hutcheson: It's in Broward County.
Commissioner Plummer: And what is the litigation? What is the litigation, if
you don't mind?
Mr. Hutcheson: Well, I would request that you get the copy of the litigation.
Mayor Suarez: You would request that we get it?
Commissioner Alonso: He brought the item to us.
Mayor Suarez: Why don't you just give it to us? We'll look at it. All
right.
Mr. Hutcheson: All right. I got it here if you want that. I brought a copy.
Mayor Suarez: Yeah. Why don't you just give it to our City...
Commissioner Plummer: Why don't you just tell me?
Commissioner Alonso: He's hiding.
163 September 27, 1993
Mayor Suarez: All right. Wait, we're asking him too many questions at the
same time. Would you please submit that to the City Attorney and have him
look at it. Is there anything from what you know of your own litigation that
would lead you to suggest to us that we should not deal with him? You have a
case of fraud against Mr. Piper; is that what you're saying?
Mr. Hutcheson: I have no case against Bedminster.
Mayor Suarez: OK. You're not involved with Bedminster, all right? That's
interesting. You might really want to drop that off at the City Attorney's
Office, and Mr. Williams will look at it, we'll all look at it, in case it in
any way affects our determination today.
Commissioner Plummer: Can I ask this question, sir: Mr. Pipers, whoever he
may be, what is his percentage as a stockholder/owner of the company? Is it
five percent, three percent?
Mr. Carter: Approximately five percent, I would say.
Commissioner Plummer: Five percent?
Mr. Carter: Yes.
Commissioner Plummer: So he's approximately a five percent stockholder.
Mr. Carter: Yes.
Mayor Suarez: OK.
Commissioner Plummer: Is he in any way, sir, directly in the operation of the
Bedminster plant, or would he be involved directly in Bedminster if you were
awarded in the City of Miami?
Mr. Carter: He's Chairman of the Board of Directors of the company, but he is
not involved in the daily operations of the company. I am Chief Executive
Officer of the company.
Commissioner Plummer: He's Chairman of the Board, and he only owns five
percent?
Mr. Carter: Well, his grandmother is Dorothy Dillon Avison.
Commissioner Plummer: Oh.
Mayor Suarez: She owns the rest. All right.
Commissioner Plummer: Ha -ha-ha. OK.
Mayor Suarez: You've gotten a lot of information out of this matter, sir, so
we'll take a look at that lawsuit obviously and...
Commissioner Plummer: I have one other question. Assuming this man is
telling us the truth - and I will assume that for the time being - you're not
aware, sir, that any member of your Board, or your Chairman of your Board is
not being in litigation?
164 September 27, 1993
Mr. Carter: I an unaware of any litigation - of this litigation. It must be
personal, private litigation that was not brought to the attention...
Commissioner Plummer: But he has stated it's not against Bedminster.
Mr. Carter: Yeah. It's some private litigation, apparently.
Commissioner Plummer: Is Mr. Pipers in other businesses?
Mr. Carter: Yes. He invests in various things on his own.
Commissioner Plummer: OK. But to your knowledge, Mr. Pipers of Bedminster is
not involved in any litigation relating to Bedminster?
Mr. Carter: No, sir, he is not.
Commissioner Plummer: OK. Thank you.
Mayor Suarez: Does y ur litigation in any way involve any of the affairs of
Bedminster?
Mr. Hutcheson: No, it does not.
Mayor Suarez: OK. Is there, finally, anything that you want to tell us that
you believe would incapacitate this co pany or any of its principals to enter
into an agreement with the City?
Mr. Hutcheson: I think that the principal issue here is the methodology by
which we conduct ourselves as directors. The directors of a corporation are
the heart of that corporation, and how they conduct themselves in business is
going to give us a good idea of haw we're going to be treated here.
Commissioner Plummer: He's more than a director. He's Chairman of the Board.
Mr. Hutcheson: I think that that's an important issue.
Mayor Suarez: Yeah, but you see, if every time we have a matter that we do
business with a company and there's some pending litigation, we're going to
hear from any litigant against any director of any company, on their private
dealings, and whether they think that they've been treated unfairly, and
there's a fraud case, then this process never ends. But anyhow, we should
look at that litigation and make sure that we've - and if we have to table any
action today, assuming we're getting ready to take any action, to be
absolutely sure that his litigation does not indicate the kinds of things that
we need to look at more closely, Ron. Would you please advise us of that.
Mr. Williams: Sure. Mr. Mayor, I met with this gentleman this morning, kind
of in the hallway, and he mentioned, again, vaguely, to me that he had
concerns. I then passed that information on to the City Attorney's Office.
This Company has agreed to put whatever they need to in the agreement. But at
that time, as you didn't, I didn't know what his principal concern was, and he
did not reveal it to me.
165 September 27, 1993
Mayor Suarez: All right.
Commissioner Plummer: Sir, have you said the reason for the basis of the
lawsuit? Have you expressed that?
Mr. Hutcheson: I would like to give that to the City Attorney.
He can make a
copy of the action.
Mayor Suarez: It's better if he does that.
Commissioner Plummer: I hope you would, sir, so, you know, I...
Mayor Suarez: Yeah. Rather than spread it on the record at
this point, if
it's already in court, they ought to know about it.
Comm_i.ssioner Plummer: OK. One other question. Can you tell me on the
record, sir, when did you file the lawsuit? Is it recent?
Mr. Hutcheson: Twenty-one days ago.
Commissioner Plummer: Twenty-one days ago.
Mr. Hutcheson: Mr. Pipers was served in New York 21 days ago.
Commissioner Plummer: Thank you, sir.
Mayor Suarez: OK. You have submitted copies to them, sir?
You will submit
copies to the City Attorney. You might want to do that right
now. It might
lead us to table the item. OK. Mr. McMaster.
Mr. Jim McMaster: Jim McMaster, 2940 Southwest 30th Court. I think all of us
are sort of reeling after that, back and forth. Nothing seems very certain.
I just have one question, which I'm sure everyone here is certain about, since
you may be awarding this...
Mayor Suarez: That's not a fair statement, Jim. You're a friend...
Mr. McMaster: You may be awarding this contract today.
Mayor Suarez: It just shows that they have some litigation. A lot of people
who are involved in business are involved in litigation.
Mr. McMaster: I'm setting up my question, if you will. Where is this plant
going to be located? We obviously have a certain site for it.
Mayor Suarez: That is a fair question. Where is the plant expected to be
located?
Commissioner Plummer: Without creating a problem, why don't yo just tell
them truthfully it is out of the City of Miami.
Mr. McMaster: Well, what I would like to get, if you don't mind, I'm
concerned about Virginia Key and our parks.
166 September 27, 1993
Commissioner Plurmmer: No.
Commissioner Alonso: It's not.
Mr. McMaster: Well, I'd like to get a resolution from this Commission, or
whatever is legally binding, saying, "No, this will not go at Virginia Key."
Mayor Suarez: That's an interesting approach.
Mr. Williams: The City Commission has spoken on that, Mr. Mayor.
Commissioner Plummer: We already voted.
Mr. McMaster: How? How have they...
Commissioner Alonso: I have personally spoken on the record.
i
Mr. McMaster: Well, I went to the minutes of the April meeting and you...
Mayor Suarez: Mr. McMaster, you want assurances that the plant will not be
built in the City of Miami.
Mr. McMaster: Well, I know you applied to the State at one point to put it
there, and then dropped that application.
I
Commissioner Plummer: To put it where?
Commissioner Alonso: On Virginia Key.
Commissioner Plimv er: To the State? Why would we apply to the State?
Mayor Suarez: I can assure you, and you've heard from two other
Commissioners - number three right here - that it will not be in the City of
Miami, and I think number four is to my right, and number five is to my
extreme right. Your suggestion that we should build that into a resolution is
interesting, but we may not have to cross that bridge. I don't know, but...
Mr. McMaster: Well, I'm concerned, because the resolution you passed on April
15th doesn't address that. I've read the minutes of the meeting, and
apparently, Bedminster, their basic application all leans towards Virginia
Key, yeah.
Commissioner Plummer: I make a motion at this time that the plant shall not
and cannot be located in the City of Miami.
Mayor Suarez: So resolved.
Commissioner Dawkins: I fail to vote on that, because I don't think it's
necessary. They already have in the RFP that it's going to be put in Medley,
and I don't think that Mr. McMaster should stand up there and be unfair enough
to us to say that he don't trust us enough to go along. I understand where
he's coming from, but the RFP that they have submitted says the plan will be
built in Medley. And now for him to stand here and tell me that he does riot
believe that it will be built in Medley, and I must pass a resolution ensuring
167 September 27, 1993
him of that, you shouldn't do that to me, as much as we've been through with
you.
Mr. McMaster: Well, if one of the Commissioners could, the...
Commissioner Plummer: It would have been quicker to take my vote than it was
your dissertation.
Mayor Suarez: What the Commissioner is arguing is that he's not going to
second it. Let's see if it gets a second. We have a motion, at your request.
It probably is a motion that's unnecessary, but let's see if it gets a second.
OK.
Commissioner Plummer: I agree, it's unnecessary.
Mayor Suarez: So moved. Is it - do we have a second on that motion?
Commissioner Alonso: Yes, I second.
Mayor Suarez: Seconded. Call the roll on the motion right quick.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-598
A MOTION OF THE CITY OF MIAMI COMMISSION GOING
ON RECORD TO STATE THAT THE PROPOSED SOLID
WASTE PROCESSING FACILITY CANNOT AND SHALL
NOT BE BUILT WITHIN CITY OF MIAMI LIMITS.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENP: Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mr. Williams: Mr. Mayor, I'd like to correct something Mr. McMaster said. To
my knowledge, the City of Miami did not apply for a permit to place this
facility at Virginia Key.
168 September 27, 1993
Commissioner Dawkins: Of course we didn't. Thank you.
Mayor Suarez: All right, but who cares at this point?
Commissioner Dawkins: Put that in the record, Mr. Williams. Put that in.
Mayor Suarez: All right, It's in the record.
Commissioner Dawkins: I wish for Mr. Williams to put that in the record, sir.
Mayor Suarez: All right.
Commissioner Dawkins: The City of Miami did not do what, Mr. Williams?
Commissioner Plummer: Call it for a vote!
i Mayor Suarez: At the request of Commissioner Dawkins, we will spread on the
record.
Commissioner Dawkins: Put that in the motion.
Mayor Suarez: What is the information you want to say, Mr. Williams?
Commissioner Plummer: No, sir, not unless there's a motion.
Mr. Williams: The City of Miami, to my knowledge, did not apply for a permit
to place this facility at Virginia Key.
Commissioner Dawkins: Thank you.
Mayor Suarez: All right. Very good.
Commissioner Plummer: OK. I want the opportunity to vote on that.
Mayor Suarez: OK. Who do we hear from? Did you want, Mr. McMaster - God,
you don't look like Mr. McMaster anymore. Were you finished on your
presentation?
Mr. McMaster: Oh, I'm satisfied with that vote, yes.
i
Mayor Suarez: All right.
Mr. McMaster: Thank you.
Mr. Williams: Mr. Mayor, we've back before you, following up on the very
detailed presentation and award or authorization for the Manager to negotiate
a contract with Bedminster for the composting plant that we've been
j discussing.
Mayor Suarez: All right. One
I� g quick question on that, since it's been brought
up by two parties already today. Does the fact that the proposed agreement
has not been submitted or made available to the general public, does that in
any way create an infirmity here or deficiency, or is that not the way things
work, or what?
169 September 27, 1993
i
Mr. Jones: No. This is a typical submittal, when we haven't concluded
agreements, or should I say we haven't consummated terms and conditions of
agreements.
Mayor Suarez: All right.
Mr. Jones: It's been the policy of this Commission that you authorize that it
be approved in a form acceptable to the City Attorney. And, of course, before
it would be consummated, certainly, you would be privy.
Mayor Suarez: OK. And so would the general public, obviously. Ron.
Mr. Williams: Mr. Mayor, just a few minor highlights of the agreement. It is
presented, or negotiated, as was proposed to you, at $63.50 per ton. We have
one unique feature in the agreement which the Manager demanded, and that is
that throughout the life of the agreement, there will be a $10 variance on the
tipping fee between the price that the City of Miami will pay at this facility
and wherever Dade County's tipping fee would go, we have a freeze at $63.50.
Commissioner Plummer: Whoa, whoa, whoa! That tipping fee variance is lower
than Dade County.
Mr. Williams: $10 lower than whatever...
Commissioner Plummer: You didn't say that.
Mr. Williams: I'm sorry, Commissioner. $10 lower. We would never...
Commissioner Plummer: The variance could be up or down. It's down.
Mr. Williams: We would never pay more than $10 less than. The other features
contain provisions that centainly all of our waste, that we would be able to
release from Metropolitan Dade County through... inter - local agreement, to
the tune of 204,000 tons would be delivered to Bedminster, and they would have
full and total responsibility for that disposal. They are proposing to
recycle or turn to compost approximately 70 percent of that. That $63.50 is a
total number, a total amount that the City would pay per ton, without
exception, without any additional charges and costs associated with it.
Commissioner Plummer: I want one more thing on the record, and I asked
before, and I just want to make sure that I was correct. That when this plant
is in operation, the Sanitation Department will be able to send out a single
truck, pick up garbage, trash and recyclables all in the same truck. Is that
a true statement? And it can be separated at the plant.
Mr. Williams: Yes.
Commissioner Plummer: OK.
170 September 27, 1993
";"
Mr. Williams: It can be camiingled there, Commissioner, if we choose to
operate that collection process, and certainly, we want to talk about that a
little more.
Commissioner Plummer: Sure. Choose, it's a savings.
Mr. Williams: But also, as you require, there's a freeze at $63.50 for five
years, without any escalation, CPI (Consumer Price Index), or anything else.
.Any CPI considerations would start after five years and one day.
Commissioner Dawkins: Mr. Mayor, let me put in the record that this City
Commission sat down with people from Key Biscayne. We sat down with
representatives from Claughton Island, Grove Isle, and - where is that place
where Skippy lives?
Commissioner Plummer: Fisher.
Commissioner Dawkins: Fisher Island. And at that time, we agreed that
because of the shifting of the wind and et cetera, that this facility would
not be put on Virginia Key, because we could not stand the lawsuits, and the
delay, and whatever. And that's when it was decided that it would not be
built within anything in the City of Miami, that it had to go out. And that
was agreed way before anybody came down here with anything, and I'd like to
put that in the record. Thank you.
Mr. Williams: Mr. Mayor, those are the highlights of the agreement. I'm
available to respond 'to any Commission questions that you might have. The
proposed agreement is for 20 years.
Mayor Suarez: Seventy percent of the waste stream is treated, disposed of,
and otherwise converted into presumably useful substances; is that what you're
saying?
Mr. Williams: Yes, I am.
Mayor Suarez: The other 30 percent of the waste stream, let's just focus on
that for the moment. What have they agreed to do with that?
Mr. Williams: At present, they've agreed - and we call it residuals, Mr.
Mayor, for sake of discussion.
Mayor Suarez: Fair enough.
Mr. Williams: They are prepared to be totally responsible for those
residuals, deliver them to Dade County at a disposal rate that they will
negotiate with the County.
Mayor Suarez: And it will not have any economic impact on us?
Mr. Williams: Absolutely not. We will pay...
Mayor Suarez: All right. What happens if the market goes bonkers, as some
people are suggesting, and it's, in fact, hinted at in today's newspaper
article, which I thought was rather well written, and I went to congratulate
171 September 27, 1993
11yy r�<+
Mr. Strauss and found out he didn't write it. So. See, every once in a
while, we try.
Mr. Williams: Goes bonkers, Mr. Mayor? I'm not sure. With regards to...
Mayor Suarez: What happens if the market is such that there's simply, all of
a sudden, nowhere to put that 30 percent? What guarantees do we have that it
is their responsibility, ten years from now, or 15 years from now, and it will
never create a problem for the City, and we won't have to put it in a barge
and send it upstate, or God knows what?
Mr. Williams: I believe, and I would defer to the City Attorney, Mr. Mayor,
that we've locked that in the agreement very clearly.
Mayor Suarez: How?
Mr. Williams: It clearly says that we will deliver the material to them, once
we've paid the $63.50, going in, into the facility. That is the City's total
cost.
Mayor Suarez: All right. Remember, we spent a lot of time on the issue of
performance bonds.
Mr. Williams: Yes.
Mayor Suarez: Now, there's probably a performance bond for the erection of
the plant, for the construction of the plant, but is there any bond that can
guarantee for us that they can perform, once the plant is built, their
agreement to do with the solid waste stream as proposed here?
Mr. Williams: There is the 70 percent - and let me just start there - the 70
percent compost, which, by the way, can be sold, and we expect to receive some
revenue from that. If not, it can be given away, as other communities have
done with it, sir.
Mayor Suarez: Well, there could be a problem with the 70 percent, too,
because the market could go bonkers there, if you have a bunch of this stuff
and nobody wants it. But I'm concentrating more on the 30 percent.
Mr. Williams: OK. On the 30 percent, Mr. Mayor, we have nonperformance
provisions within the agreement. They...
Mayor Suarez: In other words, that nonperformance provision would allow us to
terminate the agreement with them, keep the plant?
Mr. Williams: Yes, take possession of the plant, yes, and operate it.
Mayor Suarez: And if the plant, at that point, turns out to be a horrendous
idea, we just have a nonfunctioning plant in a different City from ours that
we don't want. So that hasn't gotten us anything, has it? That's the
problem. That's the worst case scenario, and I admit that it's a very worst
case scenario, sure.
Mr. Williams: That is the worst case, Mr. Mayor, but there are a couple of
steps in that process. First of all, we could operate it if we chose to, or
172 September 27, 1993
i
we could, you knora, get into a management agreement with someone else, with
regards to that, and there are people out there to do that. Certainly, within
this community, the waste stream will continue to grow, if not - remain
constant, that is, if not grow - and certainly, there will be a need for this
type of facility, we believe.
Mayor Suarez: The paper today has a suggestion which makes enormously good
sense, which is that maybe before we even got to this point, with a site being
already identified, we should have contacted our neighboring City and seen
what their public officials felt about the possibility of placing it there.
Has that been done at all?
Mr. Williams: Well, Mr. Mayor, you required here during your approval process
that we place the burden of all approvals, inclusive of permitting, ordinance
approvals, EPA (Environmental Protection Agency), State, Federal, any
requirements that that facility be built and constructed on the vendor.
Mayor Suarez: It would have just seemed like sort of a matter of courtesy to
have contacted - maybe a letter from us to the Mayor, you know, the Manager or
somebody, saying, "This is what's contemplated as of now."
Mr. Williams: Mr. Mayor, certainly, with the Commission's approval...
Mayor Suarez: Please.
Mr. Williams: ... and that they've identified a site, I can follow up on
that.
Mayor Suarez: If all other things are resolved favorably on this deal, please
send a letter, and I'd be happy to sign it, just saying, you know, "Needless
to say, we will consult you and none of this will be implemented without your
approval."
Commissioner Plummer: Thank you.
Mayor Suarez: Commissioners, anything on this? We can hear from the
gentleman from Miami Beach. I'm still curious to know what your concern is
from the standpoint of your jurisdiction.
Mr. Richard Post: OK. My name is Richard Post. I live at 5244 North Bay
Road. I don't have a special interest in waste and sewage, but my interest
was piqued last week when in the Miami Herald, again, I found out for the
first time that our taxes were going up by 22 and a half percent, and I
attended my first Commission hearing for Dade County and raised the issue as
to why they didn't take the temporary bypass route and make that the permanent
route, because it would have eliminated 20,000 feet of the City of Miami being
ripped up, and saved $25,000,000. I then - and I'm surprised that you gave
the easements for that, but it's your City. My interest then went to this,
and was piqued here with regards to this. And I couldn't find very much
information, but I made some calls and the Y'iiami Herald did provide the name
of another company, and I was able to track them down and call them and get
some information. And I have a couple of questions that I...
Mayor Suarez: Direct them at the Chair, and we'll see if it's appropriate at
this point. They may or may not be relevant.
173 September 27, 1993
� le
Mr. McMaster: OK. I understand that this system that Bedminster is proposing
will not meet the State requirements of the 50 percent rule of the Big Five.
That is, plastic, aluminum, tin cans, glass, and newspaper.
Mayor Suarez: How about that, Mr. Williams?
Mr. Williams: It is my understanding that it will, Mr. Mayor. This is a
totally commingled process. I think I visited their facility, and the only
materials I saw them pulling out were carpets and maybe tires.
Mr. Post: Carpets and tires are not part of the Big Five. I, prior to the
meeting...
Mayor Suarez: The State rule that you're referring to, I'm not familiar with.
I know that by 1994, we must recycle 30 percent of our total waste stream as
of the date of passage of the statute, I guess.
Mr. Post: This is 1991, recyclables at 50 percent of the Big Five.
Mr. Carter: Fifty percent of these major five items have to be recycled.
Mayor Suarez: Well, I think we're heading towards recycling 100 percent of
some of those Big Five, but I don't...
Mr. Post: Well, I asked Commissioner Plummer prior to this...
Mayor Suarez: Do you have a citation on that State law? Is that what you're
suggesting?
Ms. Post: I can get it for you.
Mayor Suarez: All right. Anything further?
Mr. Post: Yes. Prior to this Commission meeting, I asked Commissioner
Plummer about this recycling component part, and he referred me to Mr. Ferre,
as the head honcho for the company, and he said, yes, that it's...
Commissioner Plummer: No, no, no, sir. Mr. Ferre was the only one sitting
there, and you were asking questions, and I told you, sir, I'm an undertaker,
not an expert in garbage. And I asked Mr. Ferre to please come up and give
you some answers. Now, I didn't say he was the head honcho of anything.
Mr. Post: I'm sorry, that's what I understood you to say. But anyway, the
point is, is that my understanding is that this system operates on what's
known as the blue bag system - is that correct? - where...
Commissioner Plummer: Sir, that's not what you asked me. Are you speaking to
Plummer here...
Mr. Post: No. I'm speaking to the...
Commissioner Plummer: Because you asked me about sludge.
174 September 27, 1993
Mayor Suarez: The blue bag, what do you mean by "the blue bag"...
Commissioner Plummer: No, he asked me about the sludge.
Mayor Suarez: ... before we get into a personal thing here?
Mr. Post: Where residents of the community place in a blue colored bag their
recyclables, and in a green colored bag goes the other materials, and this is
what they're referring to on the truck, how they separate. But they...
Commissioner Alonso: They're picked up together, all of it.
Commissioner Plummer: This is picked up in the same truck.
Commissioner Alonso: Yes.
Mayor Suarez: We will continue with our present system, which has blue
containers for the recyclable stuff, which for us right now is all newspaper
print, and bottles, and...
Mr. Francisco Ferre: Plastics.
Mayor Suarez: ... plastics.
Mr. Williams: And also, you know, both tin and aluminum, Mr. Mayor.
Mayor Suarez: Tin?
Mr. Williams: Both tin and aluminum.
Mayor Suarez: Tin and aluminum. Those go in blue - the tin and aluminum
don't go into the blue containers, do they?
Mr. Williams: Yes.
Mayor Suarez: They do. Into the blue containers.
Mr. Post: Correct.
Mayor Suarez: They're not bags. Now, there's a bag and tag program in many
cities, which is very effective. For some reason, we haven't implemented it.
It's a sore point with me. I don't know if that's what you mean. What do you
mean?
Mr. Post: Well, that's what I mean. When I spoke to a couple of people
earlier, they referred to it as the blue bag system.
Mayor Suarez: Well, some cities require you to put all of your solid waste -
all of it - in some kind of container specially marked and bagged, and if it
isn't the right stuff, the City will not pick it up, and you can only get one
of those for what you pay, and anything in addition to that, you have to pay
extra, which is variable rate system, and they're great. We should have
implemented it in our City. I don't know why we're not doing it.
175 September 27, 1993
Mr. Ferre: Mr. Mayor...
Mr. Post: Do you know what the percentage of compliance is?
Mayor Suarez: Maybe that's why we're not implementing it in our City. Maybe
the percentage of compliance is very low. I don't know.
Mr. Post: Because I've been told that the national average is between five
and six percent.
Mayor Suarez: That would do it. That would kill it right then and there.
Mr. Post: And that would kill it right there.
Mayor Suarez: Cities like Seattle and other cities have done it with, you
know, much higher rates of compliance.
Mr. Post: Also, the other...
Commissioner Plummer: Wait, wait, wait a minute. Why are we talking about
green, blue and rainbow bags, when according to what I was just told, they
pick it up in one truck, and their plant separates it?
Commissioner Alonso: Yes.
Mayor Suarez: I don't...
Commissioner Plummer: Why would we go to the expense...
Mayor Suarez: No, no, I would agree with them, except that I don't know what
his angle is on all of this. I mean, suppose we just decided not to do all of
that. We do have the blue container, though, for the recyclable things, as we
now understand the market.
Mr. Ferre: I think I can clarify this, just for a moment.
Commissioner Alonso: Mr. Mayor, I'm thoroughly confused, and in order to
understand the line of questions, I'd like to know, what we have in front of
us is a company that will pick up everything together at one time. What
difference does it make if other companies use green, blue or whatever, or if
we use the blue baskets? It doesn't make any difference.
Mr. Post: Madam City Commissioner, you are correct. You are correct, except
do they really have a recycling capability? Because it's my understanding
they mix everything together, everything then becomes...
Mayor Suarez: Oh, no, no. Let's clarify that. OK.
Commissioner Alonso: Yes, they have - they made the presentation, which I
voted against, but I recognize they did it.
Mayor Suarez: All right. The Commissioner states - Commissioner Alonso
states that the blue containers will no longer be a factor. I don't believe
that's correct. We still will be using the blue containers to take out the
items that...
176 September 27, 1993
Mr. Ferre: That's a decision of the City, and on the record, we'll state
again that if the City wanted to, we have the full capability to do a full,
full blue bag system.
Commissioner Alonso: That's fine, but we might be using the blue basket, but
it's a farce, because they will mix it once it gets in the truck. So what's
the point in us exercising and putting it in a bag? I mean, it does make it
easier in the household process.
Mayor Suarez: It's a whole different concept from...
Commissioner Alonso: But, I mean, if mentally we feel better, I'm all for it,
but just in the sense that we feel better about the environment, but it
doesn't change the process that they use. Correct? Because it's in one truck
all together.
Mayor Suarez: No. And there's all kinds of problems with the process. But
that's not what his question is, I don't think. Mr. Williams, before we get
into the actual...
Commissioner Alonso: What is his question, then?
Mayor Suarez: He seems to be concerned now, the line of questioning now - and
he is kind of confusing things a little bit - but the line of questioning now
seems to be, what items will they segregate for recycling? As part...
Mr. Post: And at what point?
Mayor Suarez: Well, you and I prefer at the source, OK? But maybe it's not
going to be at the source. But at least let's clarify what items will they,
in fact, recycle, of necessity, by the contract.
Mr. Williams: OK. Everything will be delivered commingled, Mr. Mayor,
everything all together. And after it comes through their system, they are
projecting that 70 percent of it will be usable compost.
Mayor Suarez: That's not my question at all. I sure hope that they don't
throw in bottles, and tins, and newspapers...
Mr. Williams: Yes, they do.
Mayor Suarez: ... and everything all into one big - are you saying they're
not segregating anything at the entry point of the plant?
Mr. Williams: No, Mr. Mayor.
Commissioner Alonso: No.
Mr. Williams: It's totally commingled.
Mayor Suarez: Everything is commingled.
Mr. Williams: Yes.
177 September 27, 1993
Mayor Suarez: And you're envisioning as a possibility here that we won't even
have the nice little blue bins that we have now, so at least some of that
recycling...
Commissioner Alonso: If you feel better about that, we'll keep it, that's
all.
Mr. Williams: Mr. Mayor...
Mayor Suarez: The recycling at the source, the little bit of recycling at the
source that we're doing, even now might be abandoned?
Commissioner Plummer: You don't need to do that.
Mr. Williams: As I said in response to Commissioner Plunmer's first question,
that's a choice that we can make, but we have the ability through ttus process
to recycle the whole piece of it. You know, we can put it all together, and
the result is 70 percent of what we put in is...
Mayor Suarez: I understand, Mr. Williams, that in a prior testimony, they
testified that they take the bulk of the stuff that they process, they mix it
with sludge - something that intuitively did not sound correct to me - but
cane out with some kind of a mix. But I understood that they also segregate
at t e beginning of the process for recycling many of the Big Five components
that he was talking about. Are you now telling me that bottles, tins,
newspaper print...
Mr. Post: Plastic and aluminum.
Mayor Suarez: ... and all of the things that we're now recycling at the
source - or at least attempting to - are going to be picked up, thrown into
something or other, a sludge added to it, mixed in, and all of that, and then
at some point after that is where some of these other items are removed?
Mr. Williams: No, sir, Mr. Mayor.
Commissioner Alonso: Yes.
Mr. Williams: Let me take you through the process.
Mayor Suarez: The next thing you're going to tell me is we're going to go
back to cryogenics_ and we're going to have to freeze the stuff, like we do
with automobiles, after they get recycled, and we're doing everything
backwards.
Mr. Williams: No, Mr. Mayor. Let me explain it, if I may. We certainly can
continue our curbside blue bin recycling program, if we choose to.
Mayor Suarez: All right. Let's assume we do.
Mr. Williams: OK. Let's assume we do.
Mayor Suarez: Now, the rest of the stuff that they get, which is what? -
roughly one percent of our solid waste stream in the City...
178 September 27, 1993
wi
Mr. Williams: I'm sorry. Other than that, we only...
Mayor Suarez: Of the solid stream that....
Mr. Williams: We're only picking up recyclables about six percent.
Mayor Suarez: All right. The other 94 percent, they get it at their plant.
Mr. Williams: Right.
Mayor Suarez: What do they segregate before the stuff goes into and gets
mixed with sludge? Anything?
Mr. Williams: Basically, the carpets that I mentioned to you, Mr. Mayer, and
the tires.
Mayor Suarez: And the tires. All right. Everything else gets thrown in
there?
Mr. Williams: We would probably look at a big refrigerator or something.
Mayor Suarez: OK. After, then, the mixing and the organic accelerator,
organic process, and all the other things that they do, what large elements,
if any, what metals, if any, what glass, if any, do they extract?
Mr. Williams: They extract essentially small percentages, which should be no
more than 30 percent of the total, and the other 70 percent are secondary
materials, as they say in the recycling industry, now, that are available to
be used as high quality compost.
Mayor Suarez: You mean for fertilizing, et cetera?
Mr. Williams: Yes.
Mayor Suarez: That's the little stuff that Mr. Ferre showed me that day?
Mr. Francisco Ferre: For the record, I'm Francisco Ferre, at 3900 Poinciana.
Mayor Suarez: OK. You've got to get closer to the mike, Mr. Ferre.
Mr. Ferre: Francisco Ferre, at 3900 Poinciana. Now, the inorganic material,
after it's been rotated in what's like a cement kiln, in effect. After three
days, all the organic material has been broken down into the compost form, and
the inorganic is in its total state. Cans...
Mayor Suarez: The unbiodegradable stuff, OK.
Mr. Ferre: ... are not shredded. They're in their entirety, and they're
later put through a trammel and separated. So anything that is left inorganic
is in its total form, just as it went in. Like, for example, a plastic jug
will come out a full plastic jug. It's not cut up, it's not shredded, it's
not melted.
179 September 27, 1993
� cs
Mayor Suarez: I'm not sure why you first mix it with all the sludge and then
have to take it out, but maybe you have some reasons for it.
Mr. Post: Mr. Mayor...
Mayor Suarez: Wait, wait.
Mr. Ferre: Because of the weight involved, the inorganics help move the
compost, and the organics well.
Mr. Carter: Chuck Carter. What we do, Mr. Mayor, is we then pull aluminum
and ferrous out and recycle it, and sell it for recycling.
Mayor Suarez: So what. you're doing is, you're using the organic degradation
process to kind of speed up the segregation. I don't understand why you do
that, but, you know, maybe you know your technology better than we do.
Mr. Carter: Well, it allows - it is cheaper, it allows it to be done in a
more efficient manner. And I might add, if you'll recall, when we made our
presentation, we indicated we're prepared to put a blue bag program in, and
Mr. Mayor, you stated that the current program, you didn't want to substitute
the bin program, and we said we'll go either way with you on that, if you'll
recall that. So we're prepared to go either way. We meet the recycling
mandates of the State. We've been dealing with the State. The State is very
favorably disposed to Bedminster.
Commissioner Plummer: May I ask a question, sir?
Mr. Carter: Yes.
Commissioner Plummer: Is there any benefit to going the bag route as opposed
to one stop route? I mean, is there a reason that we should think about going
the multi -bag? Is that a benefit to us, or just to you?
Mr. Carter: It doesn't benefit us either way. What it is, is that the reason
that we proposed the blue bag program is that the environmental flavor today,
homeowners, many homeowners like to be involved in the recycling program.
This affords them an opportunity to participate in it, and it's really to
allow the homeowner to participate. Children are being raised to recycle and
things, and so it's a convenient way to allow families to participate in the
recycling.
Commissioner Plummer: So mechanically, it's no better?
Mr. Carter: That's right.
Mr. Post: I'd
like to take issue with
this, OK?
First of all, are you
suggesting that
all of the nonorganic material, which
you say is 30 percent,
approximately -
and by the way, I did
find out
that the residual and
transportation disposal is a pass -through
cost to the
City, and that can add
an additional -
I don't know - four, five,
six million
dollars to you.
Mayor Suarez: Very simple question, of all the not so simple questions up to
now. So how about that? Is the transportation cost of the residuals in any
way going to be a pass -through?
180 September 27, 1993
OWN
Mr. Williams: No, sir, Mr. Mayor.
Mayor Suarez: All right. Anything further?
Mr. Post: Yes. When they say that 20 - I understand that sludge has to be
added to this mixture?
Mayor Suarez: That's what their process does.
Mr. Post: Right. And...
Mayor Suarez: We've questioned that. I personally have questioned that.
They've answered it more than once, and it's not really a topic that we're
going to go into too much today, because, you ]mow, after all, we just don't
have the technological capabilities to assess that ourselves. We're going to
have to rely on our staff, I think.
Mr. Post: .And where does this sludge come from? Dade County?
Mayor Suarez: I don't know.
Mr. Post: You have to get permission from Dade County, I believe to get it.
What - their system...
Mayor Suarez: I think a lot of people are willing to part with sludge. So,
there's a lot of sludge available.
Mr. Post: But the point is, is that...
Commissioner Plummer: Sir, sir, are you sure you're not running for some
office?
Mr. Post: I'm not running for anything, sir.
Commissioner Plummer: Oh, OK.
Mr. Post: But I have -
Commissioner Alonso: - a concern.
Mr. Post: I have - every time I scratch the surface, I come up with a handful
of dirt. I find that their system requires the sludge in order to operate.
Mr. Carter: No. No, it does not require sludge.
Mr. Post: Well, where does the...
Mr. Carter: It can use sludge. It doesn't require sludge. So don't state
things you don't know the answers to.
Mr. Post: Where does the...
Mayor Suarez: All right, sir, wait, wait, wait. You direct your questions to
the Chair and to this Commission.
181 September 27, 1993
W
Mr. Post: OK.
Mayor Suarez: Now, you've suggested that their system requires sludge. They
have said that it does not. I don't know that that means that we're convinced
up here, but our staff, apparently, is agreeing with them that that technology
exists, and wisely or unwisely, we may have to accept our staff's
recommendation. What else do you want to say about this?
Mr. Post: Well, the point is that you...
Mayor Suarez: And I'm still puzzled...
Mr. Post: ... you may have to...
Mayor Suarez: Wait, wait. I'm still puzzled by the thought that you are
totally an interested citizen and nothing further.
Mr. Post: I'll tell you why. I'll elaborate on that.
Mayor Suarez: Because we've had already some gentlemen, like this gentleman
here, who started off as an uninterested party except as a citizen, and turned
out to be a litigant against one of the principals.
Mr. Post: No, I have nothing against any individual.
Mayor Suarez: Well, I don't know what your angle is, but if you...
Mr. Post: I'll tell you. I explained it before, and I'll be happy to
reiterate it. Last week, I saw in the Miami Herald that...
Mayor Suarez: No, no, no. We heard all of that. We're not going to hear
that again. You are just, once again, just an interested citizen from Miami
Beach.
Mr. Post: Absolutely.
Mayor Suarez: And you just want the best to be done with the solid waste
stream of the City of Miami.
Mr. Post: I'm upset with the fact that we waste a lot of money, and we do
things the wrong way in our City and County government.
Mayor Suarez: That's fair enough. I mean, there are interdependencies
between our jurisdictions.
Mr. Post: Exactly. It bothers me. And I haven't been able to get a lot of
information, but I did find - I did find...
Mayor Suarez: By the way, if you had asked just for a copy of the transcript
of the prior hearing, you would have heard a lot of this discussed.
Commissioner Alonso: Oh, yes.
182 September 27, 1993
Mayor Suarez: See, you don't realize how repetitive this is being, because
you weren't here.
Mr. Post: I apologize, but I was told by someone who is in the business that
I called today, this afternoon, that this system requires bacteria in order
to...
Mayor Suarez: That was in today's paper, too.
Mr. Post: ... in order to, as I said, make it like yogurt, or yeast, or what
have you, and that this bacteria comes from the sludge. If it doesn't come
from...
Mayor Suarez: That's correct.
Mr. Post: If it doesn't come from the sludge, where does it come from?
Mayor Suarez: All right, ,sir, let me suggest something to you. There is no
deliberate body in the world, governmentally, that allows a private citizen
who did not come to all of the other hearings to now come and pose any and all
questions that occur to you, technical and otherwise, none. The Legislature
wouldn't even hear you. They would send you to a committee or an expert.
Commissioner Plummer: You could be right.
Mayor Suarez: You can pose all of these questions - some of which are very
interesting to us; some of the others are simply questions that have a very
simple answer, that are not particularly exciting to us - you can pose all of
those either in a letter to the City Manager, a letter to myself...
Commissioner Alonso: He can meet with Mr. Williams.
Mayor Suarez: You can meet with Mr. Williams. But I am not going to let you
go on for hours and hours, when we've got other items to hear, and ask every
technical question that occurs to you as a private citizen...
Mr. Post: 0K.
Mayor Suarez: ... on a matter - how many hearings have we had on this? It
happens that you struck a chord with me, as a member of this Commission that
has to vote, on two matters that you brought up. One is the idea of recycling
at the source, and the other one is the idea of mixing sludge in. So I kind
of followed up with you, because I'm one vote up here, and they have to
convince me. They might otherwise lose. I think the vote last time was not
unanimous, so, you know, you struck a chord with me.
Commissioner Alonso: No. I voted against it.
Mayor Suarez: But I am not going to let you inquire, technically, anything
that you want to ask about this, but you can certainly meet with them, and if
you come up with anything that shows that what we're about to do is a big
mistake, you certainly ought to tell us about that.
Mr. Post: I'd like to make one comment in closing.
183 September 27, 1993
Mayor Suarez: That's what I was getting to, that you better close pretty
soon.
Commissioner Plummer: I want to ask one more time. Sir, you are not
representing anybody here except yourself?
Mr. Post: That is correct.
Commissioner Plummer: You're not paid to be here?
Mr. Post: I'm not paid to be here, I have no lawsuit against any individuals
in this company, I've got no gain here.
Mayor Suarez: Very good.
Commissioner Plummer: You're not here as the friend of a friend?
Mr. Post: I'm not here as the friend of a friend.
Mayor Suarez: OK. Closing point, because you've really gone over a lot of
ground here, some of it very useful, and some of it somewhat technical. All
right.
Mr. Post: OK. I just find it interesting that in six hours of investigation,
I was able to find a lot of information, technical and otherwise, that some of
the Commissioners are not fully aware of. But one of the things that...
Commissioner Plummer: It was half wrong.
Mayor Suarez: That's not correct. We've covered this ground.
Commissioner Alonso: Yes.
Mayor Suarez: Almost everything you've said was covered at the last hearing.
Commissioner Alonso: Yes.
Mayor Suarez: But go ahead.
Commissioner Plummer: Yeah, but half of the information that he brought
forth, according to them, is wrong.
Mr. Williams: Right.
Commissioner Plummer: My father used to tell me the most dangerous man in the
world is the man with half of information.
Mr. Post: Well, I agree with that, and that's why I'm suggesting why I don't
believe you should be voting on this right now.
Mayor Suarez: All right.
Mr. Post: Because I don't think you have all the information.
184 September 27, 1993
Mayor Suarez: OK. You were going to make closing comments.
Mr. Post: OK. I find it disturbing that there are so many well paid, highly
paid lobbyists who have pushed this through very adeptly, and I think you
should question as to whether or not they're participating, other than their
fee, in this venture.
Mayor Suarez: All right. Well, other than their fee, I mean, I'm sure their
fee is a big factor.
Mr. Williams: Mr. Mayor, I'm having my staff provide him with my card. I'll
be happy to meet with him as long as he'd like.
Mayor Suarez: All right. And by the way, that is something that worries all
of us in government, you know, the influence and the need for lobbyists,
whether they're highly paid or not. It seems to be a factor of inefficiency.
I hate to call people inefficient - define them as inefficient factors. All
right.
Mr. Post: I understand, because - I don't want to mention rumors or
anything - because that would be inappropriate. But there are...
Mayor Suarez: All right. You've kind of alluded to a few already.
Mr. Post: There are a number of issues that you should look at, and one is
that they don't guarantee revenue from recycling.
Mayor Suarez: It's impossible to guarantee that.
Mr. Post: And the reason why they don't guarantee it is because there is no
recycling.
Mayor Suarez: I don't think there is going to be any revenue from recycling
in a couple of years. I think you're right about that, entirely right.
Mr. Cohen: Mr. Mayor, based on the new information I just heard about the
contract from Mr. Williams, and since I haven't seen the contract...
Mayor Suarez: How did you get back on the microphone?
Mr. Cohen: I was next. It's me or him.
Mayor Suarez: You were next. What do you think, it's just a matter of just
getting up to the microphone every old time an issue comes up, Mr. Cohen?
Mr. Cohen: Well, there was new information about the contract, which I
haven't been able to see, and I think it's very important you accept...
Mayor Suarez: All right. You - wait a minute. The City Attorney had
indicated to me in the recess that Mr. Cohen may have some observations, or
some role here, other than to protest. What is that?
185 September 27, 1993
Mr. Jones: No. My only expression was that he had indicated to me that he
wanted to appear as a private citizen to express a concern he had about this
award.
Mayor Suarez: OK. As a private citizen, give us a couple of minutes.
Mr. Cohen: Nobody is paying me to be here. I'm here at my own expense. But
I would like to point out, based on what Mr. Williams said...
Commissioner Plummer: He was a previous bidder.
Mr. Cohen: ... regarding the guarantee that the City of Miami...
Mayor Suarez: Wait a minute, wait a minute, wait a minute.
Mr. Cohen: Yes.
Mayor Suarez: As a Judge said to me the other day, our I.Q.'s didn't go all
the way down to zero when we came up here. They may have been reduced
somewhat, but don't say that you have absolutely no interest in this matter...
Mr. Cohen: OK.
Mayor Suarez: ... other than as a private citizen. You were a bidder, if I
remember correctly, and you were ready to file a protest this morning, and we
told you that it was not timely.
Mr. Cohen: No.
Mayor Suarez: Now, you're coming as a private citizen. It's kind of a
questionable legal right to all of a sudden change your hat. You're probably
not a citizen of the City of Miami, are you?
Mr. Cohen: No. The business is my federation.
Mayor Suarez: All right.
Mr. Cohen: But I did not protest the bidding this morning.
Mayor Suarez: We're going to let you speak, but don't push it too hard, now,
to say that you're here only as a private citizen. You obviously have an
interest in this matter.
Mr. Cohen: OK.
Mayor Suarez: Go ahead.
Mr. Cohen: In regards of the ability for the City of Miami to always pay $10
less than the State - than the County rate, on October 18th, which is less
than 30 days from now, the County is going to vote on a matter of establishing
solid waste districts. The County has already, at certain task force
meetings, distributed information stating that if these districts are, in a
sense, put together, the tipping fee will go down to $45 in the County, which
means the City of Miami would only pay $35 to Bedminster, which, I believe, is
186 September 27, 1993
below the level they could operate. So I think this has to be taken into
consideration, again, possibly deferring this issue for 30 days, to see what
the County does. Also, I would like to call attention to the article, in
quoting the Mayor of Medley, Tobie Wilson, who said, "If they want to put
something in Medley, they would have to talk to the Town Council first," which
makes me believe they haven't addressed that issue yet.
Mayor Suarez: But, Mr. Cohen, we - yeah, we certainly have. In fact., I even
suggested that a letter should go right quickly to Medley, and maybe we should
have done it before as a courtesy to them, but it was always understood that
it would be subject to the applicable jurisdiction to decide whether they want
this in their jurisdiction or not.
Mr. Cohen: Yeah, but couldn't that be done in the 30-day period while you
defer the vote on this resolution today?
Mayor Suarez: Well, we could defer it for 15 years, sure, and it would be
easier to do it in that period of time, but apparently, this Conmission seems
inclined to go with the recommendation of the staff. All right.
Mr. Cohen: Well, one last thing here. Again, quoting from the article, it
says that "This system has been questioned by Dade officials, criticized by
national environmental experts, and State regulators have yet to give their
blessing." So based on the quality of the article which you refer to...
referred to yourself, I have to say there are a lot of questions about this
system, and I think these questions should be addressed over a 30-day period
through committee meetings and such, and not to rush in to make a decision
that's going to bind you to a facility for 20 years. Another important point
is that Ron says if it doesn't work with them, we'll get somebody else. This
is a unique system. Most other composting companies would not touch it. So
if it doesn't work with them, how can you expect somebody to come in and run
it for you?
Mayor Suarez: All right.
Mr. Cohen: Anyway, I thank you again.
Mayor Suarez: Thank you.
Mr. Cohen: Please defer this issue.
Mayor Suarez: OK. Anything further?
Mr. Manuel Gonzalez-Goenaga: Yes.
Mayor Suarez: Yes, Mr. Gonzalez-Goenaga.
Commissioner Plummer: You should have known that.
Mr. Gonzalez-Goenaga: It's after 3:00 o'clock, and I might be the most candid
person before this microphone today, because I, really, I am not an interested
party. I am not gaining anything from this. I'm probably losing by being
before the Mayor of the City of Miami. Anyway, the perception - I have to
187 September 27, 1993
make a qualification that I have not read what came out in the newspaper
today. Hopefully, you relieve me. But the perception, as a citizen, that I
hear, is that the management knows very little, the Commissioners are
confused, and this is a 20-year issue. Ultimately, the citizens are the ones
who have to pay for it. We have to be extz.-emely careful. And after all, next
month there is an election, and maybe the Mayor, for sure, will be recycled.
Mayor Suarez: Very good.
Mr. Gonzalez-Goenaga: So let's take it easy...
Commissioner Plummer: With or without sludge?
i Mr. Gonzalez-Goenaga: ... and this is a very serious matter, and I...
i
Mayor Suarez: A man who has special ability with words, Mr. Gonzalez-Goenaga.
Mr. Gonzalez-Goenaga: ... and I do not know too much about anything. But I
think that with the long...
Commissioner Alonso: He`s moving on to better things.
Mayor Suarez: I'd like to recycle you to the County. Can we get you to go
over there and make your presentation?
Mr. Gonzalez-Goenaga: No, I go there, but they treat me much better than
here.
Mayor Suarez: Mr. Moore, you'd love to hear him over there, wouldn't you?
Mr. Gonzalez-Goenaga: In fact, they applaud me every time I go to the
microphone.
Mayor Suarez: All right. Thank you.
Mr. Gonzalez-Goenaga: OK. So be careful. Think before you act, and make
sure that the...
Mayor Suarez: All right, sir.
Mr. Gonzalez-Goenaga: ... that the management ]mows what they are talking
about.
Mayor Suarez: So far, you've said nothing relevant to the issue, so why don't
you just have a seat. All right.
Mr. Williams: Mr. Mayor, in all due respect, I don't think Mr. Cohen
paraphrased me quite correctly, but...
Mayor Suarez: Sir, have a seat. We're finished with your testimony and we're
finished with all the testimony on this. This Commission has to grapple with
the issues. Ron, I'm sorry I interrupted you, sir.
188 September 27, 1993
Mr. Williams: No, I just wanted to say that I didn't think Mr. Cohen
paraphrased me quite correctly in his lighthearted way of describing my
earlier comments.
Mayor Suarez: OK. Anything specific you want to clarify on the record?
Mr. Williams: That's it, Mr. Mayor.
Mayor Suarez: All right.
Mr. Williams: We have an agreement. Certainly, we will be, you know, arm in
arm with the City Attorney's Office in trying to dot all the "I's" and cross
the "T's" and make sure this agreement is, in fact tight, and in the best
interest of the City.
Mayor Suarez: There was an argument that was raised about us always being
$10 - this company being $10 under the County tipping fee. Suppose by some
miracle, the County tipping fee were to go to $45, and that mean theirs has to
go to $35?
Commissioner Alonso: They have a cap.
Mr. Williams: No, no, it does not, Mr. Mayor, and that's a very good point.
The agreement that we have says $10 lower than the County tipping fee...
Mayor Suarez: All the way down to?
Mr. Williams: No, no less than 50 but...
Mayor Suarez: But never less than 50?
Mr. Williams: Never less than 50.
Mayor Suarez: What is a typical disposal fee in another County nearby? I've
heard that some are quite - I was going to say quite high, but if it's low,
either way.
Commissioner Alonso: It's lower than Dade.
Mr. Williams: Depending upon - on the private - on the public side, let me
start there. Tipping fees are generally high, as high as a hundred bucks, I
believe, up in some parts of Broward...
Ccmmi.ssioner Alonso: Broward County, how much?
Mayor Suarez: What is Broward's right now?
Mr. Williams: ... and Palm Beach. Broward County, at their landfill rate, I
believe I last heard was $89. They've got a couple...
Commissioner Alonso: How much?
Mr. Williams: I think it's $80 to $90.
189 September 27, 1993
Commissioner Alonso: Please, give me a break.
Mr. Williams: Well, no. Let me explain to you.
Mayor Suarez: I think that means that she doesn't agree with you.
Commissioner Alonso: Come on, Ron. Get serious, now.
Mr. Williams: No, here, let me explain to you, please.
Commissioner Alonso: Yes.
Mr. Williams: Wheelabrator, which is a private company operating in Broward
County, taking waste from wherever they can take it, and through conversations
with you, we've been able to work out rates where they are in the forties,
based on certain guarantees. We're in the process of doing a pilot program
with them right now in the private...
Commissioner Alonso: We are talking about 50?
Mr. Williams: Forty -
Commissioner Alonso: - eight?
Mr. Williams: At this point, 47.
Commissioner Alonso: Forty-seven.
Mr. Williams: That's right.
Commissioner Alonso: Good. Thank you very much. It's not 80 something. We
are talking about 47, 50. Right?
Mr. Williams: Well, I do need to say there are two or three different ways to
dispose in any of these Counties. Private companies with low capacity are
offering discounts, and public landfills are high.
Commissioner Alonso: Yes, but the intent of the Mayor was to find what was
the less expensive County, and that we are talking about 47, 50.
Mr. Carlos Smith: I think you also have to realize that we're setting prices
here...
Mayor Suarez: Actually, at a U.S. Conference of Mayors' meeting, I was
apprised of the fact that some were quite higher, so it was on the other...
Mr. Smith: Yes. You also have to realize...
Commissioner Alonso: Oh, yes.
Mayor Suarez: $80 and $90 is not atypical, and $100.
Commissioner Alonso: But we are getting good prices, and at least for a short
period of time, we will be able to do it.
190 September 27, 1993
Mayor Suarez: I'm sorry?
Commissioner Alonso: Exactly.
Commissioner Plummer: Get on the record.
Mr. Smith: You're setting prices here for two years in the future. Well,
starting two years.
Commissioner Plummer: After the first five where we are locked in, then it
will not exceed the cost of living index per year thereafter. That's max.
Mr. Williams: So you would be locking in this price for seven years,
Commissioner; two years between today and the time the plant is complete, and
five years thereafter.
Mayor Suarez: Commissioners, what's your pleasure on the item?
Commissioner Alonso: We're exhausted.
Mayor Suarez: Anything further on this that we need to hear from staff?
Hopefully not. Certainly, I've heard from the general public. We've had how
many hearings on this? I don't even remember, over a span of two years.
Commissioner Alonso: What is the Administration's recommendation?
Mr. Williams: We recommend that you approve the - as the resolution reads -
the agreement, subject to the full review, and scrutiny, and approval of the
City Attorney's Office.
Commissioner Plummer: Mr. City Attorney, even though you're not the one who
has negotiated, I'm assuming that you in con...
Mr. Williams: He has had a representative, Commissioner, in all negotiations.
Commissioner Plummer: Oh, OK. Mr. Smith, is this what you think is in the
best interest to the City of Miami?
Mr. Smith: Yes, sir.
Commissioner Plummer: Mr. Williams?
Mr. Williams: Yes, sir.
Commissioner Plummer: I move it.
Mayor Suarez: So moved. Do we have a second? Seconded. Any further
discussion? I have to say, once again, it is absolutely counterintuitive to
me to take all this stuff and mix it together, and then ultimately have to
take it back out. When I say that, I don't want to sort of interpose my own
191 September 27, 1993
background, but in technology, you always try to figure out ways in which you
can have things separable, rather than mix them together first. And then
using organic processes to try to accelerate the degradability of some of the
stuff, again, seems counterintuitive, because it sounds like you're inserting
all kinds of things that you don't want to be left as waste product to
accomplish the end. But you're saying you've looked through it, and you're
convinced that technically, this makes sense. There was a statement by one
other gentleman that said that there was no other - I think it was Mr. Cohen -
that there was no other company that did this. Is that a fair statement, or
do we have any other companies that do this process, or is this the only one?
Mr. Williams: No.
Mayor Suarez: Any European companies, for example? They're typically a
little bit more advanced than we are in this field.
Mr. Williams: In this particular method, Mr. Mayor?
Mayor Suarez: Yes.
Mr. Williams: I don't know of any other in the country. Are there any in
Europe? I don't know.
Mr. Carter: No, no. As a matter of fact, we just signed an agreement in
Sweden with a company over there that's going to put plants of ours in Sweden.
We're in discussions. In Germany...
Mayor Suarez: My guess is that what you're doing is, you're solving for a lot
of jurisdictions, including the European ones, the problem of the sewage with,
you know, the sludge, with the solid waste stream, and because you're doing
that, they welcome you. But in the U.S., we do that separately. I mean, all
of our water sewage goes into specific plants that are designed just for
water, waste water.
Mr. Carter: Yeah, but they create sludge that has to be disposed of, and one
of the things we're going to eliminate, which we've told before - we hope to
in discussions with Dade County - is eliminate the sludge drying beds on
Virginia Key, which are creating problems with Fisher Island and other places.
Mayor Suarez: Oh, OK. I see what you're saying. In other words, you hope to
solve what is a present, existing problem of the waste water process.
Mr. Carter: Yes, sir.
Mayor Suarez: OK. Those three plants that we have in Dade County leave on
the grounds some sludge that is left there for a period of time, to do what?
Mr. Carter: To dry down there, and it has created an odor problem, and we
are...
Mayor Suarez: To dry, which is what is affecting, as Commissioner Dawkins
pointed out, Fisher Island.
Mr. Carter: Yes.
192 September 27, 1993
Commissioner Alonso: In The Roads area in City of Miami, you feel it.
Mr. Carter: Yes. And therefore, we are going to negotiate to have that
material brought to us, instead of put on the ground, to eliminate that
problem.
Mayor Suarez: That begins to make some sense. In other words, you're
catching up some other waste - in this case, liquid waste, or now it looks a
lot more solid - when it comes out of the waste water. Is it solid or liquid,
just out of curiosity?
Mr. Carter: It's what they call cake form. It's about 20 percent solid and
80 percent liquid.
Mayor Suarez: I figured you'd have a nice, complex answer to it. Makes it
half solid, half liquid. God. All right, Commissioners, anything? I've
exhausted my knowledge of the field. We have a motion and a second. Any
further discussion? I.f not, please call the roll.
Commissioner Plummer: Do you want to read the resolution?
Mayor Suarez: Does somebody want to read the resolution, please? The
Commissioner wants to hear the resolution read.
Commissioner Plummer: Isn't that normal?
Mr. Jones: No, not in a resolution.
Commissioner Plummer: Oh, I'm sorry.
Mr. Jones: I mean, if you want it read...
Commissioner Plummer: Sure, why not. Read it in the record.
193 September 27, 1993
[THEREUPON, THE CITY ATTORNEY READ THE RESOLUTION INTO THE RECORD.]
The following resolution was introduced by Camtissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-599
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE JOINT VENTJRE OF BEDMINSTER/SEACOR
SERVICES, INC. ("BEDMINSTER/SSI"), TO DESIGN,
CONSTRUCT, ACCEPTANCE TEST, FINANCE, OWN/OPERATE A
SOLID WASTE PROCESSING FACILITY, IN ACCORDANCE WITH
THE REQUIRIIMENTS SET FORTH IN REQUEST FOR PROPOSAL NO.
91-92-102; FURTHER AUTHORIZING 1ITE CITY MANAGER TO
EXECUTE AN INTERLOCAL AGREEMENT, IN A NORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH METROPOLITAN DADE COUNTY
("COUNTY"), TO RELEASE THE CITY OF MIAMI FROM THE
REQUIREMENT THAT ITS SOLID WASTE STREAM BE TAKEN TO
COUNTY LANDFILL FACILITIES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Camu.ssioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: I'll be consistent with my prior vote, although there's all
kinds of misgivings. Let the Lord somehow show that we've done this wisely.
I vote yes.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: The item that we have from the morning was item 8?
Commissioner Dawkins: Mr. Mayor, before we go, I would like to say to the
Bedminster people that Commissioner De Yurre and I are wo
citizens to redo the golf course, Melreese Golf Course. When I was talking to
you, you explained to me that the product that you produce - cane to the mike,
sir - has a potential for retaining water and what have you. So I would like
if the two of us, and along with Bill Perry and the Sports and Exhibition
Authority could meet with you when we start to rehab the golf course, to find
194 September 27, 1993
ZIA
out how we could use whatever you are reproducing now, if we could get some of
it, because it will be two years before you produce it now, to sort of put on
the golf course, if the individuals who are going to redo the golf course are
amenable. What do you think, Conraissioner De Yurre?
Mr. Carter: We will be glad to supply compost from our Tennessee plant, if
it's required ahe d of time. As we told you, Commissioner Dawkins, we are
presently supplying compost to the golf courses of Myrtle Beach, we're
presently supplying compost to the golf courses at Pinehurst. And out of this
program, which is being sponsored. by North Carolina State University, we
expect our compost to be certified by the USDA (United States Department of
Agriculture) for use on all golf courses around the country. And it is a very
beneficial product, and we'll be glad to supply product out of Tennessee ahead
of time, if necessary.
Commissioner Dawkins: Thank you, sir.
-------------------------------------------------------------------------------
39. APPROVE FUNDING FOR FIVE NOT -FOR -PROFIT SERVICE PROVIDERS -- TO PROVIDE
ASSISTANCE TO PERSONS WITH HIV I AIDS OR RELATED DISEASES -- ALLOCATE
FUNDS FROM HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM
GRANT -- EXECUTE AGREEMENTS WITH: (a) METROPOLITAN DADE COUNTY, (b) DADE
COUNTY DEPARTMENT OF HUMAN RESOURCES, OFFICE OF COMMUNITY SERVICES, (c)
MIAMI COALITION FOR THE HOMELESS, (d) LACK TOWN COMMUNITY MENTAL HEALTH
CENTER, INC., (e) CHRISTIAN COMMUNITY SERVICE AGENCY, AND (f) SPOC-
HISPANIC AIDS AWARENESS PROGRAM.
------------------------------------------------------------------------------
Mayor Suarez: OK. Item 8. Commissioner Alonso had asked for it to be
tabled. I understood that there are a host of programs that are affected by
the resolution, and only one, I think, that you were concerned about. Is that
correct? That was not initially included?
Commissioner Alonso: Well, there was one that was left out, and I think it
should be included, and it's the SBOC-Hispanic AIDS Awareness Program. And
it's 43,000, and it was recommended, and I think it was left out of this
backup. That's why I suggested to table the item, and I'd like to include it.
Mr. Jeff Hepburn: Yes, we've had a chance to talk with the organization, and
we agree with that recommendation.
Mayor Suarez: OK.
Commissioner Alonso: All right. So that's all I needed, to include this
organization, and I have no problem with the rest of the items.
Commissioner Plumper: And this serving the clients, not building buildings.
Commissioner Alonso: No, serving.
Mr. Hepburn: This is providing services only.
Commissioner Alonso: Yes.
195 September 27, 1993
Commissioner Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll. Ma'am, are you favorable to this motion, I hope?
Ms. Maritza Aragon: If I could address the Commission, please?
Mayor Suarez: Only if you're not favorable to it, because if you're favorable
to it, your best bet is to let the vote happen.
Commissioner Dawkins: If you're favorable, it's best to sit down.
Ms. Aragon: Yes.
Mayor Suarez: Do you support the motion?
Ms. Aragon: Yes, I do. I also, however, I'm representing one of the agencies
that wanted to get an increase to what I understand is being recommended by
staff.
Commissioner Alonso: How much, and which one?
Mayor Suarez: Well, give us your name and tell us which agency, and see if
you can't work that out with staff. Why did she have to get up to the mike to
try to get a clarification, when that should be able to be worked out, so we
don't have to...
Commissioner Alonso: Are you supportive of this proposal?
Mr. Carlos Smith (Assistant City Manager): Yes.
Commissioner Alonso: Yes, you are?
Mr. Smith: Yes.
Commissioner Alonso: And the increase as well?
Mr. Smith: Right.
Commissioner Alonso: All right. I'll make it part of my motion. How much it
was?
Mr. Herbert Bailey (Assistant City Manager): It's $45,400.
Commissioner Alonso: $45,000?
Mr. Bailey: Yes.
Mr. Smith: No, they were at 20 - well, the increase is, yes.
Commissioner Alonso: Increase.
Mr. Smith: They are at 21,400, and want to go up to 67,000.
196 September 27, 1993
Commissioner Alonso: And the name of the organization is?
Mr. Smith: It's the Christian Ccmmnity Service Agency.
Mayor Suarez: CCS.
Commissioner Alonso: Oh, yeah, they told me. Yes.
Ms. Aragon: CCSA. I'm Maritza Aragon. I'm the Director of Operations for
the agency.
Mayor Suarez: All right. Very good.
Commissioner Alonso: Yes.
Mayor Suarez: So that takes care of that. Moved and seconded. Any
discussion? With that understanding, call the roll.
Commissioner Plummer: I am losing something here. Is this up and above what
is in the agenda item?
Mr. Hepburn: That's correct.
Commissioner Plummer: How can you give more than what's on the agenda? You
can't do that, legally.
Commissioner Alonso: It's my understanding they have funding available for
this.
Mr. Hepburn: We will be making available additional funds that was a part of
the grant, the entire grant.
Commissioner Plummer: Mr. City Attorney - and I have no objections to giving
them more funds, except the legality that you can always give less than what's
on an agenda. You can't give more. You would have to go back out to
readvertising and put it on another agenda item. Mr. City Attorney? Number
8.
Mayor Suarez: We would really be hampering the way we do things up here if
every time you give somebody a little more than what they ask for, we have to
go back and readvertise.
Commissioner Alonso: I'll be shocked to hear this.
Commissioner Dawkins: You had three -
Mayor Suarez: It might be a good rule, but...
Commissioner Dawkins: How much money did you have - how much money did we
have, Mr. Hepburn?
Mr. Hepburn: The entire grant was $4.6 mullion.
197 September 27, 1993
Commissioner Dawkins: So, J.L., you're saying that in order to take .6
million, we have to go back out?
Commissioner Plummer: No. What I'm saying, Commissioner, is that on the
agenda, it's supposed to be $200,000, correct? How much is it?
A. Quinn Jones, III, Esq. (City Attorney): 21,000 - which? Is it CCA?
Mr. Hepburn: In terms of the group that just sat down, their - well, we
talked about recommending $21,000.
Commissioner Plummer: OK.
Mr. Hepburn: 21,400.
Commissioner Plummer: OK. Now, you're increasing that, again?
Commissioner Dawkins: By $45,000.
Mr. Hepburn: By $45,000. $45,400.
Commissioner Plummer: All right. Go ahead. I mean, if the City Attorney
doesn't find a problem, that was the only problem I had.
Mayor Suarez: OK. So moved and seconded. Any discussion? If not, please
call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-600
A RESOLUTION, WITH ATTAC-IMENTS, APPROVING THE FUNDING
OF FIVE NOT -FOR -PROFIT ORGANIZATIONS ("SERVICE
PROVIDERS"), AS HEREIN SPECIFIED, FOR THE PURPOSE OF
PROVIDING ASSISTANCE TO PERSONS WITH HIV/AIDS OR
RELATED DISEASES; ALLOCATING FUNDS THEREFOR FROM THE
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA")
PROGRAM GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO
EXE= THE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH METROPOLITAN DADE COUNTY AND SAID SERVICE
PROVIDERS TO IMPLEMENT SAID PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
198 September 27, 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. Plixmier, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
40. DISCUSSION CONCERNING CURBSIDE RESIDENTIAL GARBAGE COLLECTION,
COWERCIAL ACCOUNTS AND CURBSIDE RECYCLING.
------------------------------------------------------------------------------
Mayor Suarez: Item 31. What do we need to do on this? Was this a concern
that the system was not working particularly well, expressed by the
Commissioners, Adrienne?
Ms. Adrienne Macbeth: No, sir. We have three items on the agenda for you to
discuss and give us some policy direction on. The first is changing our
residential garbage collection from backyard collection to curbside; the
second is eliminating the City from being involved in commercial collection;
and the third is to discuss the SEA -run (Sanitation Employees Association)
curbside recycling program.
Commissioner Alonso: Can we talk first about commercial accounts?
Ms. Macbeth: Yes, ma'am.
Commissioner Alonso: I think there is a saving of - it will mean a savings of
approximately 2,000,000. Is that correct?
Ms. Macbeth: Per the information we gave you, the revenue we take in from
commercial accounts if 1.2, and it cost us approximately $2.2 million, so we
would realize a savings of approximately $1,000,000.
Commissioner Alonso: Yeah. We lose 1.3 at the present time, right?
Ms. Macbeth: Yes. Yes, we do.
Commissioner Alonso: OK.
Commissioner Plummer: Let me ask a question.
Ms. Macbeth: In addition to which, Commissioner, I think it's important to
note that the equipment that we have, both the trucks, and the bins and the
dumpsters that we use for collection are totally outdated, and we would need
199 September 27, 1993
to get new equipment, if we stay in the business. We stopped taking
commercial accounts about a year ago for that reason.
Commissioner Plummer: OK. Now, what do you do with all the accounts that you
forced to take the City services? For example, Bayfront Park. I presently
pay - or it got waived or whatever - $33,000 for Bayfront Park. What are you
going to do in the fire stations that are presently using our bins? Are you
going to continue using the bins? Are you going to use the fire stations',
and we ask the School Board to do the schools with our bins? What are we
going to do? Let's just use the fire stations. Are we now going to have to
pay private haulers to haul for us?
Mr. Ron Williams (Assistant City Manager): No. Commissioner Plummer, what I
would recommend on that is t at we would either maintain those City service
accounts, or if we found that that wasn't efficient and cost-effective, to
require that those private haulers provide the same service for that, for the
cost. And so the City accounts, such as a7yfront Park, fire stations, et
cetera, would not be penalized by any decision.
Commissioner Plummer: How are you going to control the private haulers?
Mr. Williams: As we do now. We license them, we basically inspect their
equipment, we provide than with basically approval to operate within the City.
I have discussed this issue with them, and they are prepared to sit down and
discuss in detail a fee.
Commissioner Plummer: And you can set their prices?
Mr. Williams: No, we cannot.
Commissioner Plummer: OK.
Commissioner Alonso: But we receive a franchise fee.
Mr. Williams: That's exactly right, Commissioner Alonso, and as you have
suggested, we're talking about - and they are willing to meet with us, if we
get out of direct competition, to talk about increasing that fee, yes.
Commissioner Alonso: Increasing it from six percent, perhaps, to...
Mr. Carlos Smith: I think there are over eight private companies, over eight
of them...
Commissioner Alonso: Eight, ten.
Mr. Smith: ... licensed to do business, so they're competitively set prices.
Commissioner Plummer: Excuse me, Carlos. They used to do all of the
commercial accounts. Then this Commission felt that if we could get into it
big enough, that we could save the money and do it in-house. Obviousl , it
never came about. OK? My question is, now that we went around with a big
hammer, forcing people to use the City facility, now they're not going to be
made available, they're going to have to use a private hauler, and I want to
make sure that we - for example, we, the City, in our fire stations are not
going to have to pay double now for the same kind of service.
200 September 27, 1993
Commissioner Alonso: Was the commercial accounts in the hands of the private
sector, when? When did it happen?
Commissioner Plummer: Oh, about five, seven, eight years ago.
Commissioner Alonso: A hundred percent in the hands of the private sector?
Commissioner Plummer: Yes, ma'am. We never had bins. Well, excuse me. The
bins, yes. The private sector did not...
Commissioner Alonso: Well, someone in the department must be able to respond
to this specific question. I asked this question the first time in '89.
Never got answers. And I still, in '93, continue to ask.
Mr. Williams: Is the question when did the City start in the commercial
accounts, Commissioner Alonso?
Commissioner Plummer: Uh-huh.
Commissioner Alonso: Yes, because he said it was in the hands of the private
sector. All of the accounts were in the hands of the private sector?
Commissioner Plumper: No, downtown. Downtown only.
Commissioner Alonso: How much of downtown? Was it all of downtown?
Commissioner Plumper: Yes.
Commissioner Alonso: A hundred percent?
Commissioner Plumper: Yes, of the bins. We still ran compactor trucks
downtown in which we used our personnel and our trucks for the curbside
pickup, but the bins were all commercial.
Commissioner Alonso: OK. Now, if that was the case, why did we switch, then?
What happened?
Commissioner Plummier: They thought we could make money if we got all of the
bins...
Commissioner Alonso: We are losing a million...
Cam Ussioner Plummer: OK.
Commissioner Alonso: 1.3, approximately.
Commissioner Plummer: What happened was, we never got all of the accounts,
OK? That's what happened. We said at this Commission, if the private haulers
can go down there and make money off of it, so can we.
Commissioner Alonso: Yes, but then the Administration is saying even if we
take all of the commercial accounts, we cannot make money.
201 September 27, 1993
Commissioner Plummer: Because we can't compete with the private sector. They
pay their drivers $8 an hour...
Commissioner Alonso: Fine.
Commissioner Plummer: ... and we pay our drivers like $19 an hour.
Commissioner Alonso: Right. '
Commissioner Plummer: And that's where the difference is.
Commissioner Alonso: Then what we should do is what I have proposed. Let's
go to the private sector, don't lose the 1.3, and be able to make 2,000,000.
Seems to me that is only logical. Now, what kind of guarantees do we have in
reference to what Commissioner Plummer has mentioned? You will guarantee that
the fire stations and Bayfront will be guaranteed and maintained the price?
Mr. Williams: Yes, Commissioner. We'll make sure.
Commissioner Alonso: OK. It will be part of the contract and agreement with
the companies.
Mr. Williams: We'll make sure that that's provided, even if we have to
provide it internally, which would not be the first priority for us, but
certainly, we'll take care of that.
Commissioner Alonso: OK.
Mayor Suarez: Anything further on the item?
Vice Mayor De Yurre: Let me ask...
Mr. Williams: That's on that part of...
Commissioner Alonso: So we will be saving - we will be saving 2,000,000.
Mr. Williams: In essence, Commissioner, part of it is new revenue, part is
cost avoidance.
Commissioner Alonso: All right. So actually, bottom line, it will be - the
Sanitation Department will have two additional millions?
Mr. Williams: Yes, approximately, yes.
Commissioner Alonso: Yes?
Mr. Williams: Yes.
Commissioner Alonso: Good. Fine.
Mayor Suarez: Anything further on the other parts of the item?
Mr. Williams: Yes, Mr. Mayor, and I don't know, did we get any policy
direction...
202 September 27, 1993
Mr. Williams: No, no, no, please. I certainly will proceed. I didn't know
if the Commission wanted to ive any policy direction with regards to the
commercial accounts.
Commissioner Alonso: Well, I will move that we immediately start ...
Mayor Suarez: Trying to compete for them?
Commissioner Alonso: Yes. I'd like to move that we try with the private
sector all of the commercial accounts. And immediately, the Administration
will take the steps necessary to make it happen, and I will move.
Mayor Suarez: So moved.
(INAUDIBLE CNP)
Commissioner Alonso: Yes?
(INAUDIBLE Ca4 ENr)
Mayor Suarez: Mr. Vice Mayor, on the motion, which, I guess I'll second, for
purposes of discussion.
Vice Mayor De Yurre: OK. I'd like to hear from Commissioner Dawkins, because
for years, he's been an advocate of the commercial accounts, and I'd like to
know whether, you know, he feels that this is the way to go, or do we just
walk away from the commitment that was there? I'd like to have an idea.
Commissioner Dawkins: OK. Thank you, Commissioner. I've said ever since
I've been here, the commercial accounts get away with murder. The City of
Miami says - the charter - that the City of Miami can collect all of the
commercial accounts. But the commercial accounts pick up garbage, and the
commercial accounts leave the trash and the debris. So therefore, when the
commercial accounts go in, hook up to their containers, lift up the garbage,
they roll the trash, cuttings, and tree things to the streets. And those of
us who are in the City of Miami, we have to pay for it. Now, if we are
talking in teams of the City of Miami picking up all of the recyclables - I
mean, I'm sorry - all of the commercials, I don't care if it's Miller Dawkins'
company, and I pick up all of the commercial, and that includes my picking up
the trash, the trees, the tires, and all, you got me. But if you're going to
still subsidize the commercial accounts by not making them responsible - and
Commissioner Alonso, I don't know how to do it - make them responsible for
picking up the trees, and all of the cuttings, and the grass. Now, we have
tried, and they put it in the computer, and they tell me that you can go by
house - I don't know. But whenever you do whatever you're doing, if you make
the private hauler responsible for all of that private account, you got me.
Otherwise, let the City of Miami pick it all up and add to the money that the
City makes. I don't know.
Ms. Macbeth: Commissioner, that's the key to it. If we are out of it
totally, then we'll be able to identify all of the commercial accounts, and we
203 September 27, 1993
will not pick up from any of those the trash, and we'll be able to enforce it
through the code enforcement process.
Commissioner Dawkins: No, no, no. See, I'm like J.L. now. I don't want no
more - see, I don't want nothing to do with no code enforcement. No, sir.
I'm not going to do nothing with code enforcement.
Mr. Williams: Sanitation code.
Ms. Macbeth: Sanitation code enforcement.
Commissioner Dawkins: No, I don't - sanitation. Either, as Commissioner
Alonso says, that this company here has commercial, and the day that the
commercial does not pick up the trees and the trash, Commissioner De Yurre,
Commissioner Dawkins will vote to suspend their franchise, or whatever they've
got.
Vice Mayor De Yurre: Let me ask you, of the accounts that we have which are
commercial, what percentage of those are small businesses?
Ms. Macbeth: I wouldn't even be able to guess at that, Commissioner.
Vice Mayor De Yurre: You know, a concern that I have - and maybe this is not
the way it is - but what are commercial accounts? What do they pay us, as
opposed to the private sector?
Ms. Macbeth: We're lower than the private sector.
Vice Mayor De Yurre: How much?
Ms. Macbeth: It depends on the nature of the account, first, Commissioner.
Commissioner Plummer: Tell me how much is a two -yard bin, and I'll tell you.
Ms. Macbeth: Four hundred and thirty some odd dollars a year.
Commissioner Plummer: Tell me a month.
Ms. Macbeth: Divided by...
Commissioner Plummer: Twelve?
Ms. Macbeth: It's ever six months, so it's $270 every six months, so we're
looking at probably about $40 or $50 a month.
Commissioner Plummer: I pay $67.76 a month.
Vice Mayor De Yurre: For a private.
Commissioner Plummer: For the same apples to apples.
Vice Mayor De Yurre: And how much did you say it was?
Ms. Macbeth: We're looking at about $45, $50 a month.
204 September 27, 1993
Vice Mayor De Yurre: So then the small business...
Commissioner Plummer: And one that we pick up?
Ms. Macbeth: Yeah, two yards, once a week.
Commissioner Plummer: Once a week, that's what I get.
Commissioner Alonso: Once a week?
Commissioner Plummer: Yeah.
Vice Mayor De Yurre: OK. Because then, we're subsidizing our businesses to a
degree.
Mr. Williams: That`s exactly right.
Ms. Macbeth: That's what's happening, Commissioner.
Commissioner Plummer: Well, but let me tell you what's happening, Victor,
r just for your edification - and like I said before, I'm not a garbage man, but
let me tell you. The private hauler...
Commissioner Dawkins: I think you are.
Commissioner Plummer: Yeah, right. The private hauler is now sending me all
kinds of forms, including one I got from the County telling me that I'm
probably going to be fined for not recycling, and I'm saying I use a private
hauler, what have I got to recycle? He should be the one responsible. They
are trying to say that every commercial account is going to have to do the
recycling, you've got to go through the biohazard materials. It's getting to
be the point where you can't stay in business anymore.
Ms. Macbeth: Commissioner, that's another thing, too, is we're rot...
Commissioner Plummer: And I don't know what the City is doing.
Ms. Macbeth: ... we're not prepared to address, as well. That's another
reason we're recommending this, because it will take additional equipment to
meet that regulation.
Commissioner Plummer: The rules and regulations that are coming down, Victor,
are incredible. Business is not going to be able to live with them.
Ms. Macbeth: Come January, they will be fined.
Commissioner Plummer: Oh, yeah.
Ms. Macbeth: Business owners and multi -family units will be fined for not
recycling.
Commissioner Plummer: And listen to this. You're fined on the proportion of
your gross revenue of your company. There are three different fines, and it
depends on how much gross your business does.
205 September 27, 1993
( INAUDIBLE CMEM)
Commissioner Plummer: Huh? No. I was telling him about I use a private
hauler in my private business.
( INAUDIBLE CU44E r)
Vice Mayor De Yurre: Let me ask you this. If we were to raise to 60-some
dollars the equipment, where would that put us?
Ms. Macbeth: Well, it would make us competitive, but the point that the
Commissioner made that we hadn't mentioned, and we certainly should have in
this presentation, is that come January 1, whoever your hauler is, is going to
have to provide commercial recycling services for businesses as well as multi-
family units, and that's going to require different trucks, as well as
different kinds of bins to contain those materials. And I'm not sure, we
haven't even looked at what the capital cost of purchasing that equipment
would be, so our cost would probably go up again, based on that.
Commissioner Plummer: Well, come January, I'll tell you, the City's going to
have to spend a lot of money to get the proper equipment to comply with
federal laws and regulations.
Commissioner Dawkins: OK. Let me ask a dumb question. If you go private
with the commercial, you've already gone private with the recycling, what
happens to the garbage?
Commissioner Alonso: You mean residential?
Commissioner Dawkins: Yes, ma'am.
Commissioner Alonso: We continue to do it.
Mr. Williams: Our recommendation, Commissioner Dawkins - and that's the next
issue - is that the Commission approve curbside residential collection.
Commissioner Dawkins: "Curbside" means what?
Mr. Williams: Meaning that we ask the citizens to place their garbage twice
per week at the curb, as compared to the way we're presently doing it, and
picking it up in the backyard.
Commissioner Dawkins: Why wouldn't you also say, let the commercial put it to
the curb, and let the same people pick it up? Mr. Williams - and I want this
in the record - curbside pickup, commercial is the elimination of the City of
Miami Waste Department. You're going to eventually have an all private
garbage collection agency, and you will be at the mercy of the commercial
haulers who can charge you what they want, and irregardless of whether I,
Miller Dawkins, am desirous of paying it or not, I will have to pay it,
because if I do not pay him or her, they will not pick up my garbage. Now,
you can stand over there and pretend - I mean, I'm sorry - you can stand over
there and not tell me what I'm saying to you if you want to, but you and - how
am I going to say this? - the Manager has a design to destroy what we now know
206 September 27, 1993
as the Solid Waste Department. OK? And it's going to be destroyed by, first,
you gave recycling to the people, and they accepted it, with 14 per people. I
don't care who it was, you could not pick up all of the recyclables in the
City of Miami with 14 people. But you had a bunch of people who believed
that. You knew it, you and I sat down and we discussed it, but we could not
dictate to the bargaining agent what they should or should not do; you could
only suggest. Now, we're going and saying that you're going to prioritize
commercial, and you're not - you didn't say nothing about hiring any of those
people. See, I would feel good if you tell me that you're going to take a guy
with a truck and tell him, "You should go over to the Solid Waste Department
and find you two people to work on this truck with you, and you two form a
company." I don't know. I'm not trying to steal the Commissioner's thunder.
I'm just telling you how I sit here and I feel. But this is a design by the
Administration - not by this Commission - to destroy the Solid Waste
Department.
Mr. Smith: Commissioner, Mr. Commissioner, I would like to put on the record
that the Manager has, on the last contract that was signed with the SEA,
specifically states no privatization of the operation. Now, the privatization
of the recycling was actually where the Union is actually running the
operation. Whether they want to do it with 14 or more, it's up to them. They
are running the operation.
Commissioner Dawkins: No. no, it's not up to them. You forced it on them.
Now, come on. Come on, now. You see, I can sit here - but don't do this.
You forced it on them with 14 men. But let's take the other side of your
statement, Mr. Smith. Let's take the other side of your statement. The
Manager has an agreement for what?
Mr. Smith: Not to privatize.
Commissioner Dawkins: OK. If you look in the newspaper...
Mr. Smith: And no layoffs.
Commissioner Dawkins: If you look in the newspaper, for the last four months,
all you have seen is citizens complain because garbage is not being picked up.
If you'll ask any Commissioner up here to go to their office and get you the
file, they can bring you a thick of papers like this where people have called,
complaining to us...
Commissioner Alonso: Yes. Yes.
Mr. Smith: They're correct.
Commissioner Dawkins: ... that the garbage is not being picked up.
Mr. Williams: Garbage or recycling, Commissioner? Recycling.
Commissioner Dawkins: Garbage.
Commissioner Alonso: Garbage and recycling.
Mr. Smith: And recycling, both.
207 September 27, 1993
Commissioner Dawkins: Garbage. OK? And when I tell them the Manager created
NET (Neighborhood Enhancement Team), and the Manager said NET was the best
thing since high button shoes, you all go to them, the people call me back and
say, "I called NET. My garbage was not picked up." Then they go back to
calling the Conviissioners. OK? Now, it does not take a Ph.D. in journalism
to understand that the move has been laid to poison the citizens' minds that,
"Your garbage has not been picked up, you're paying "X" dollars for your
garbage, and it's not being picked up. We're going private to show you it can
be done, " and those people who are out there working will be out of a job.
Now, that's my opinion.
Mr. Williams: Commissioner, if I may respond, Mr. Mayor, to a couple of
those thoughts.
Mayor Suarez: Well, if it's useful. We do have other items.
Commissioner Alonso: No, but this is very important, Mr. Mayor.
Mayor Suarez: I mean if the Commissioner wants to hear.
Commissioner Alonso: I think that some...
Mayor Suarez: We - we - all right, sure.
Mr. Williams: I know you do have a motion on the floor, Mr. Mayor, so I don't
want to jump around here.
Commissioner Alonso: OK, well let him respond.
Mayor Suarez: Sure, sure, right. And she wants to hear. Go ahead.
Commissioner Alonso: OK. Yes. Yes, yes, I would.
Mr. Williams: OK. We believe, in looking around the country, that curbside
garbage collection will, in fact, improve service. And one of the collectors
made a point to me the other day that I, quite frankly, hadn't thought of, and
that is, service has improved because there are no misses. And when you think
about that, "musses," in our language, implies, you know, someone didn't get
in the back yard to pick up the garbage. Misses imply that, if you look down
the street, it's either on the street or it's not. And we think that that
improves the service. We think that we'll have fewer misses, and we think
that those people that are presently performing that service will be available
for neighborhood sweeping, for swale cleanup, for other important and
necessary sanitary needs around the City, and we just think that it's the
official way to go. Yes, sir.
Commissioner Dawkins: And I think the thing that you're leaving out that is
important, Mr. Williams, is that you have made arrangements for people with
bronchial conditions...
Mr. Williams: Absolutely.
208 September 27, 1993
A
Commissioner Dawkins: ... heart conditions, or handicapped, who cannot get
their garbage to the curb, you have made arrangements to move those people's,
too. I think that should be said.
Mr. Williams: Thank you very much, Commissioner Dawkins. That is absolutely
true. That system is in place, and those residents will be taken care of. On
the other hand, we want to make sure through that certification process that
there's just not an 18 year old son or daughter_ sitting there and just don't
want to bring it to the curb, so we do have a certification process that we've
put together.
Vice Mayor De Yurre: Let me ask you, what is the total cost of our commercial
pickup?
Mr. Williams: The total cost is $2.2 million.
Vice Mayor De Yurre: And we generate how much?
Mr. Williams: 1.2.
Vice Mayor De Yurre: OK. What is - of the 2.2, how much of that is salary?
Mr. Williams: 1.1.
Vice Mayor De Yurre: Are we going to lay off this 1.1?
Mr. Williams: No, we're not.
Commissioner Alonso: No.
Mr. Williams: We've got a - as part of your package, we've identified for
you, Commissioner, where those people will be reassigned.
Vice Mayor De Yurre: So you're telling me that there isn't a savings of 1.1?
Mr. Williams: No. Yes, in fact, there is a savings, because as we've
identified for you, those positions are present - those places are presently
funded, vacant positions at this point. Therefore, we will save the 1.1 by
not having to fill those vacancies with other employees or outside employees.
Vice Mayor De Yurre: The 1.1 is actually being paid out, or not?
Mr. Williams: Yes.
Vice Mayor De Yurre: So it isn't like these are vacant positions; these are
people that are working right now.
Mr. Williams: These are live bodies.
Vice Mayor De Yurre: Live bodies.
Mr. Williams: Right.
Vice Mayor De Yurre: That cost us 1.1 million.
209 September 27, 1993
A
Mr. Williams: Right. Yes.
Vice Mayor De Yurre: Live bodies that you do not plan to lay off.
Mr. Williams: That's right.
Vice Mayor De Yurre: So the 1.1 million will not be saved. We will still
continue to pay the 1.1.
Mr. Williams: Well, it's a cost avoidance of 1.1, because there are vacancies
that we've identified for you that are presently funded, and nobody is there.
If we proceed as we're going with this year's budget to fill those
positions...
Vice Mayor De Yurre: You're not listening to what I'm saying.
Mr. Williams: OK.
Vice Mayor De Yurre: We're just not communicating. How many employees do we
have working in this department?
Mr. Williams: Nineteen.
Vice Mayor De Yurre: OK. And of those, does that represent the 1.1 million?
Mr. Williams: Yes, it does.
Vice Mayor De Yurre: OK. So these are not vacant positions. 1.1 are fully
staffed positions.
Mr. Williams: In that area, yes.
Vice Mayor_ De Yurre: OK? And those 19 are not going to be laid off.
Mr. Williams: Right.
Vice Mayor De Yurre: So that $1.1 million is not going to be a savings to the
City, because these people are going to continue working in the City of Miami.
Mr. Williams: Correct.
Vice Mayor De Yurre: Correct? So then we're talking about the savings is
from 2.2 to 1.1, unless there's some other cost there that we will still have
to absorb.
Mr. Williams: And that other cost is the filling of those 19 vacancies that
are there, which would put the 1.1 back in there.
Vice Mayor De Yurre: OK. So does it stand - is it safe to say that, really,
the savings is the difference between the 2.2 and the 1.1, because we'll still
have to pay the 1.1?
Commissioner Alonso: Plus this wholesale of garbage.
210 September 27, 1993
Mr. Smith: Vice Mayor, I think what he's trying to tell you is that we have
vacancies in another operation, and the idea is to move - instead of filling
those positions, and incurring the cost of filling those positions, we would
move these people over. So in essence, you are saving that 1.1 million.
Vice Mayor De Yurre: No, we're not saving, because we're not paying for
vacant positions. We're not paying for vacant positions.
Mr. Smith: Well, we have to fill them.
Commissioner Plummer: They're budgeted.
Commissioner Alonso: We have to.
Vice Mayor De Yurre: No, you don't have to fill them, because you don't fill
them. Don't give me this "you have to fill then" story, OK?
Mr. Williams: It's really cost avoidance, Vice Mayor.
Vice Mayor De Yurre: Because the way I look at this is, our cost is 2.2. And
we're saying the theory is that if we do away with this department, then we're
going to save $2.2 million in cost, offset by what it generates, which is 1.2,
so there's a savings of a million dollars. Is that correct?
Mr. Williams: Yes, sir.
Vice Mayor De Yurre: But, really, we're not saving 2.2. We're saving only
1.1, because you're still going to continue paying the 1.1. So, really, what
we're doing is saving 1.1, and not making 1.2, so we lose $100,000.
Commissioner Alonso: Well, actually, what we can do, then, you can do the
numbers differently and say that we're losing much more than the 2,000,000 -
the 1,000,000...
Vice Mayor De Yurre: Hello?
Commissioner Alonso: ... and make it higher. That's what you can say.
That's what it is.
Mr. Williams: The fact is, it's a losing proposition here, whichever way we
compute the...
Vice Mayor De Yurre: No, no, but I'm looking at the real deal, and if we're
saying that our cost is 2.2, of which 1.1, we're going to continue to pay,
then we're only saving 1.1. And if we were generating 1.2 that we're not
going to generate anymore, then we're losing $100,000. Tell me where I'm
wrong.
Mr. Williams: Well, you're not wrong in that, but I would add...
Vice Mayor De Yurre: Yeah.
Mr. Williams: ... to your equation the cost avoidance of the 1.1.
211 September 27, 1993
Vice Mayor De Yurre: The cost what?
Mr. Williams: Cost avoidance.
Commissioner Plummer: It sounds like the more we sell, the more we lose.
Mr. Williams: Yes, that's correct.
Commissioner Plummer: Why?
Mr. Williams: Because, two things. We're more expensive, and our rates are
too low.
Vice Mayor De Yurre: Why are we more expensive?
Mr. Williams: We have three people per route, and I think the privates use
either one or two.
Commissioner Plummer: One.
Vice Mayor De Yurre: OK. See, I go back to the same concept; that before I
can go private, I would like to match the same system that the privates use.
If the privates use three people instead of five, like we do, to pick up our
garbage, then before I can say, "Hey, let's go private," I'll say, "Hey, let's
cut back to three people like you're suggesting," OK?
Mr. Williams: On the garbage pickup.
Vice Mayor De Yurre: So, you know, is it - are we really being fair with our
own Sanitation Department, when we are not willing to match the same type of
service that the privates are giving? Because if you're going to tell me that
if we start providing the same type of situation as the privates do - you
know, raising it from 40 something to 65 or whatever it is, which is, you
know, another 30 percent increase in income, if we're going to go from three
or whatever we're using now to two or one, you know, why don't we try that?
Mr. Williams: Vice Mayor, I certainly agree with you. Our people are just as
productive as anybody. If we had an apples and apples situation, I would
certainly fully agree with you. If I - if we had the ability to raise our
rates to the extent the privates have - and as you know, we've talked to this
Commission about it, and your policy has been not to raise those commercial
rates.
Vice Mayor De Yurre: But it will be raised, because once we do away with our
department, everybody is going to have to pay the rates that the privates are
asking for, and it will be a monopoly, and they're going to raise it as much
as they want, because there's no control over that. And there's only one
body, and you're going to have to pay what they want.
Commissioner Plummer: No, no, Victor. That's what I just asked, and he said
they can control the rates.
Vice Mayor De Yurre: Yeah, with the existing ones? Huh?
212 September 27, 1993
Mr. Williams: No, no, no. We don't - what we do, we control who's in the
business, and we charge them a franchise fee.
Commissioner Dawkins: Mr. Mayor -- Mr. Mano Surana, come to the mike.
Mr. Smith: May I say something to the Vice Mayor, Mayor, and that is that
unless there is price fixing among the private haulers, competition should
take care of that.
Commissioner Dawkins: There is no competition in the private. Mr. Mano...
Vice Mayor De Yurre: Where's it at now?
Mr. Smith: There are over eight of those companies doing business.
Vice Mayor De Yurre: And what is their average price?
Mr. Smith: I cannot tell you that, but the other thing you have to - the
other thing...
Vice Mayor De Yurre: It's more than what we charge.
Mr. Smith: The other thing that you have to realize also is that we have a
published fee, and that's what we charge, period. They can wheel and deal.
We cannot.
Vice Mayor De Yurre: OK. But what I'm saying is...
Commissioner Dawkins: Yeah, we can.
Vice Mayor
De Yurre: ... if we want to play the
same
game, I
think, to be
fair with
our department, and I would rather,
you
know, us
making the
adjustments
to what the system is outside, because
it's
going to
be like that
anyway, if
we get out of the business. We make the adjustment,
and then we
can compete
on an equal footing, before I can go ahead
and just
give up, and
scratch our
program, and say, you know, "The heck
with
it, let
the privates
handle it."
Commissioner Dawkins: Mr. De Yurre, would you yield?
Vice Mayor De Yurre: Yes.
Commissioner Dawkins: Mr. Williams, is Mr. Carlos Smith saying that we cannot
be competitive with the commercial, that it's a fixed rate that we cannot be
competitive with the commercial?
Mr. Williams: our rates. Our rates are not competitive with the commercial
rates.
Commissioner Dawkins: No, no, no, wait now. See, I didn't say "if they
were." I said, "Could they be?"
Mr. Smith: Commissioner, what I said is that the private can wheel and deal
independently with each account. We cannot.
213 September 27, 1993
Commissioner Dawkins:
Why not?
Mr. Smith: Because
we have a set price by ordinance, and that's what we
charge everybody.
Commissioner Dawkins:
By ordinance?
Mr. Smith: Yes, it's
part of the code.
Commissioner Dawkins:
OK. What's legislated by this Commission can be what?
Mr. Williams: Changed.
Commissioner Dawkins:
Unlegislated by this Commission. OK? Now, Mr.
Surana...
Commissioner Plummer:
One of your main problems is you only have a thousand
accounts.
Commissioner Dawkins:
... how many - approximately how many households do we
collect garbage from,
in the City of Miami?
Commissioner Alonso:
But we are talking about commercial accounts.
Commissioner Dawkins:
No, ma'am. I'm talking about City - I'm talking about
garbage now.
Commissioner Alonso:
Yeah, but i has nothing to do with the commercial.
That is what we are addressing.
Mr. Manohar Surana: Sixty-two.
Commissioner Dawkins:
No, no, ma'am. I'm through with the commercial.
Commissioner Alonso:
OK.
Mr. Surana: I think about 62,000.
Commissioner Dawkins:
Sixty-two thousand?
Mr. Surana: Yeah.
Commissioner Dawkins:
And how much per year do we charge each household?
Mr. Surana: $160 per
year.
Commissioner Dawkins:
And 160 times what you just gave me gives me how much a
year?
Mr. Surana: About $10,000,000.
Commissioner Dawkins:
De Yurre.
214 September 27, 1993
Commissioner Dawkins: There's $10,000,000 from ad valorem taxes that's paid
by the people in the City of Miami to collect their garbage, and I feel that
me, you, or anybody on this Commission could sit down with somebody over there
and tell them, "Here's $10,000,000 that the citizens are paying. You have to
find a way to collect our garbage without charging any more money, if you have
to set it on the roof." I am not worried about bringing it to the curb. I do
believe that we could get somebody to understand that this is all the money
there is. The citizens are not going to let us raise any more money. "Here's
$10,000,000, can you do it?" If they say no, then we have to go the way that
Commissioner De Yurre - I mean Commissioner Alonso or somebody was talking,
and tell them, "Bye. We got $10,000,000. Who can collect our garbage for
$1010001000?"
Commissioner Plummer: You're talking about the commercial accounts or the
total?
Commissioner Dawkins: I'm talking about garbage.
Commissioner Alonso: I don't want to go to the private accounts when it comes
to residential. I will not vote in favor of that.
Commissioner Plummer: Well, I guess one of the problems, looking here at the
backup material, I guess one of the problems is we only have 1,054 customers;
is that correct?
Mr. Williams: That's correct, Commissioner Plummer, and just like you said
earlier, the more we have, the more we lose.
Commissioner Dawkins: Oh. But, you know, see, it's amazing. When you've
been here as long as J-L., it comes easy. You just have to listen. When you
did not have money to buy police cars, what did you do? Leased with an option
to purchase.
Mr. Williams: That's correct.
Commissioner Dawkins: Is that a correct statement?
Mr. Williams: That's correct, Commissioner.
Commissioner Dawkins: Now, what stops you from leasing garbage trucks with an
option to pay?
Mr. Williams: Nothing at all.
Commissioner Dawkins: All right. Thank you, sir.
Mr. Williams: We'll be coming...
Commissioner Dawkins: No further - that's all.
Mr. Williams: We'll be coming to the Commission to ask for authorization to
do that.
Mayor Suarez: All right. Anything further on the subject?
Commissioner Dawkins: That's fine. We'll take $10,000,000, or you can
you'd be surprised how much credit you can get.
Mayor Suarez: All right.
Mr. Williams: We certainly plan to ask you for that authorization.
Mayor Suarez: On commercial accounts, Madam Commissioner. She wanted to ask.
Commissioner Alonso: Yes.
Commissioner Dawkins: I'm out of the commercial accounts.
Mayor Suarez: Right, right. But she wanted to ask about them.
Commissioner Alonso: Back to commercial accounts. As a newly elected
Commissioner, I asked you in 189, give me the numbers, if we collect all of
the commercial accounts, can we make money? I also asked, if not, if we go to
the private sector, could the City of Miami stop losing money? Here we are in
'93, talking about the same item. At least for one vote, I'm fed up. I don't
think that the citizens of Miami should be paying 1.3 a year, because we lose
money from the commercial accounts. Either we go to the private sector, all
of the private sector will collect the commercial accounts, and the City of
Miami could be making money as a result of that.
Mr. Williams: That is our recommendation.
Commissioner Alonso: Because of the franchisee, or we feel that we can make
money if we collect all of the commercial accounts, and we don't have to lose
any money, and could we make money as well?
Mr. Williams: Commissioner Alonso, the only way that I could see that would
be possible would be, one, a substantial increase in our rates; two, reduce
the amount of staffing; and three, and probably most expensive is a major
recapitalization effort of our equipment, to make the necessary equipment
available to do that Citywide.
Commissioner Alonso: How could we possibly collect all of the commercial
accounts and reduce staff? That doesn't make any sense.
Mr. Williams: No. Per unit, per truck.
Commissioner Alonso: Oh, you mean per truck.
Mr. Williams: Yes. I'm sorry.
Commissioner Alonso: OK. Have you discussed this with the Union?
Mr. Williams: Yes, we have.
Commissioner Alonso: And is it possible for us to make money if we collect
all of the commercial accounts?
216 September 27, 1993
A4'd�l+
Mr. Williams: Again, back to those parameters, I don't think that it is
possible at all, without taking into consideration those three issues that I
just laid out for you.
Commissioner Dawkins: What are the three issues?
Commissioner Plummer: The answer is no.
Mr. Williams: The three issues are major increase in the rates; two,
reducing...
Commissioner Alonso: Equal to the private sector.
Mr. Williams: Equal, and the ability to adjust when the private sector
adjusts. OK?
Commissioner Alonso: All right. We'll have no problem with that, because we
are considering that option. So that one is maybe a yes, second.
Mr. Williams: OK. Match the private sector on the number of people per
route, per truck.
Commissioner Plummer: Manpower.
Commissioner Alonso: Can we do that? Will the Unions be willing to negotiate
that issue?
Mr. Williams: I don't know the answer to that. Certainly, we can put it
forth to them.
Commissioner Alonso: And then the third.
Mr. Williams: And the third one is, and the most expensive, is buying the
necessary capital equipment that's required to not only do all of the accounts
properly that we're doing, but to expand Citywide.
Commissioner Alonso: So it is your opinion that we will be losing money if we
take all of the commercial accounts?
Mr. Williams: It is my recommendation that the Commission authorize us to
negotiate with the private sector for an increase in the franchise fee. I
think that I can get that up from six to some...
Commissioner Alonso: Ten, ten.
Mr. William : ... hopefully ten.
Commissioner Alonso: Ask for 12, so you get ten.
Mr. Williams: And that we enjoy the cost avoidance associated with our
activity there.
Commissioner Alonso: All right. And that way, we will not lose any money,
and we will be making over 1,000,000, at least.
217 September 27, 1993
Mr. Williams: That is my recommendation.
CamLissioner Alonso: I think we have to go into that direction. Why lose
money when we can make money, and continue to service the citizens of Miami,
and use the people that are servicing now, and working with the commercial
accounts to provide better services to the residential area. After all, the
City of Miami is really looking really bad. We need sweepers walking the
streets, we need services in the residential area that we're not receiving.
Mr. Williams: We think with curbside garbage collection, we'll have the
necessary people without hiring or laying off anybody to take care of those
needs.
Commissioner Alonso: You tell me we are going to save 3,000,000. Is that
true?
Mr. Williams: Going back to the Vice Mayor's thoughts on that, it will not be
immediate, because we want to address those first issues of service. We want
to make sure our citizens do not realize any reduction in service. So those
people would be reallocated to those neighborhoods, to those major
thoroughfares, to those swale areas, to begin that cleanup activity.
Commissioner Alonso: Tell me, what kind of savings are we going to have as a
result of curbside pickup?
Mr. Williams: As I was saying, immediately, there will not be any savings.
Basically, there are...
Commissioner Alonso: Why should we do it?
Mr. Williams: You should do it for two reasons. You should, because it
improves service.
Commissioner Alonso: Why?
Mr. Williams: It improves service. It guarantees a fewer number of household
misses of garbage collection, therefore, reducing...
Commissioner Alonso: That's not an excuse. They should not miss any
household.
Mr. Williams: Well, sometimes, that happens. With this community,
Commissioner, people lock their gates, people have dogs, people...
Commissioner Alonso: If they do, it's their problem. They should put the
garbage outside.
Mr. Williams: But sometimes that causes us not to be able to get there.
Commissioner Alonso: Well, that's not our fault. It's because we didn't gain
access to the property.
Mr. Williams: And we're hearing from our citizens, they don't want people in
their back yards. OK? ji
218 September 27, 1993
Commissioner Alonso: Fine. Then put the garbage outside. But why should we
do something that will not provide any direct benefit to the citizens of
Miami?
Mr. Williams: Because the day that we start that service, we've got 76
people, bodies, to reallocate to those areas that you're saying are
underserved, that are dirty, that need sweepers, that need - I mean, we could
get into all kinds of community involved kinds of programs.
Commissioner Alonso: Come back to us with a written report of what things
will improve, concrete services, concrete things that the citizens of Miami
will receive as a result of this, and then we perhaps can take it up at the
next Commission meeting.
Mr. Williams: Certainly, we can do that.
Commissioner Plummer: Are you saying going to curbside service will not save
money?
Commissioner Alonso: They told me before 3,000,000. Now, it's the idea of
feeling good.
Mr. Williams: I'm saying that it will -- that eventually, Commissioner
Plummer, it will save money, but I certainly have to say to you that because
we have problem neighborhoods, because we have areas that we really need to
clean, we wouldn't want to drop down that level of people which, quite
frankly, is about $3,000,000 - 76 people - immediately, because there are some
areas we need to go and give attention to that we haven't given attention to
in a long time.
Commissioner Plummer: Sir, if you can't tell me that we're going to save
money, I'm going to tell you I ain't getting up in the morning to take my
garbage to curbside.
Commissioner Alonso: That's right. Why should they?
Vice Mayor De Yurre: What's happening is, you're going to get better service.
Mr. Williams: You're going to get much better service.
Vice Mayor De Yurre: But you can't, you know, you're not going to let go
anyone. None of the employees are going to be let go.
Commissioner Plummer: I'm going to lay in my bed and watch that good service
go right dean the road.
Mr. Williams: Well, we can save money gradually, once we get control of those
areas, and work with the Commission.
Mayor Suarez: Fine.
Mr. Williams: Because, really, what we're talking about is saving the money,
but reallocating it to some other service areas.
219 September 27, 1993
Mayor Suarez: All right.
Mr. Williams: Certainly, there's money to be saved.
Mayor Suarez: Why do we argue philosophy so much?
Commissioner Alonso: But I think we have to do something about the commercial
accounts, because we are losing money.
Mr. Williams: Well, you've got a motion on that.
Commissioner Alonso: Yes, I moved that we...
Mayor Suarez: All right. What is the motion, Madam Commissioner?
Commissioner Alonso: ... we accept the proposal to eliminate all of the
accounts - commercial accounts - and pass it to the private sector. Instruct
the administration to work with the private sector, and try to obtain a good
deal for the City of Miami - perhaps a 12 percent franchise fee - and come
back to us with that proposal.
Commissioner Plummer: Well, Madam Commissioner, I think there's a lot of
other areas that need to be explored in this thing now.
Commissioner Alonso: For the commercial accounts?
Commissioner Plummer: Yes, ma'am.
Commissioner Alonso: Well, that's number one. If we are going to see how
much money we make, then we should really do it.
Commissioner Plummer: Well, I would hope what we're going to do is to turn
over to Mr. Williams in his shop today to go out and talk to the private
haulers, come back with some numbers, some facts and some figures, and let's
not talk about making, when it's picking up a loss. Let's be honest on the
thing, OK? Yes, we're saving over a million dollars, and that sounds very
good, if, in fact, those numbers hold true. But I think what you need to do
is to go out, come back to 'this Commission, tell us that you can somewhat give
us the comfort - and I have the same fear, if that is the only game in town -
I don't want to say certain industries have been accused of price fixing, but
let me tell you, there are monopolies. And I'm concerned that when they're
the only game in town, that they're going to set their own prices, even though
they say sometimes they're competitive. And I'm very concerned about that,
OK? I'm also concerned - are you talking about commercial accounts, the
entire City?
Commissioner Alonso: Yes.
Commissioner Plummer: I'm also concerned with the commercial accounts, about
the new regulations that are coming down in January. So I don't think that
we're here today to make a decision that that's exactly what we're going to
do, other than turn it over to you to come back and give us the numbers that
we're looking for.
220 September 27, 1993
Commissioner Alonso: But also, we have to check how much money we can get
from them, and how effective it will be if we do it the other way around.
Mr. Williams: I can start a meeting with...
Commissioner Plummer: Well, it's my understanding - excuse me, Ron - it's my
understanding if we don't get a penny from them, we're saving a million
dollars. OK?
Commissioner Alonso: Yes, 1.3.
Commissioner Plummer: So that's what
I've got
to see. I've also got to see,
on the curbside, of the 70-some people
that you
talk about, I don't want
to go
to curbside, now, but if you're going
to sit here and tell me that I'm
going
to save $3,000,000, then I've got to
look at
it differently. But if
I can
avoid any way whatsoever of going to curbside,
I'm going to do it. I'm
going
to be honest with you, OK?
Mr. Williams: Commissioner, that's exactly what it is, unless you say that
those other service improvements that I've recommended to you are not a major
priority at this point. You're talking about 76 people.
Commissioner Plummer: Well, Mr. Williams, I think you need to go back to the
drawing board, OK? I think you need to come back to the City.
Commissioner Dawkins: Well, while you're talking, we're going to vote on
this. After the vote, I'm going to make a motion asking that the City
Commission allow me a year or 18 months to see if I can develop a private
company within the present employees who might be able to - and I want you to
understand, I'm talking about garbage collectors who have no expertise in
budgeting, who have no expertise in time -keeping - but if I can convince
somebody out there to baby-sit with these garbage collectors to form their own
company and they collect the garbage with this 30 - what is it? - 3,000,000 or
30,000,000 you got? Thirty million? If I can show some company how they can
keep these present people employed, with Eastern Airlines gone out of
business, Pan Am gone out of business, Southeast, we do not need to put
anybody else out of a job. And if, after this passes, if I can get permission
from this Commission to try to come up - give me one year or 18 months,
because none of this goes into effect for two years, I think, whatever we
passed before - and if I can bring back to this Commission a plan with some
people who can show how my garbage can be picked up by the present people
who're picking it up, and don't cost any more money, I would like to have the
chance to do that.
221 September 27, 1993
Cammissioner Plummer: Well, you know, Commissioner, I concur with you, OK?
But wait a minute. I got to ask another question, and I'm going back now to
the Bedminster, Bedmaster, whatever the name of that company is, OK? If we're
looking down the road that they're - in 24 months, they're going to be in
operation, give or take, all right? - and they said to me that they will pick
up all three in one truck, we're looking at a tremendous savings, in my
estimation, in that kind of a scenario, where, instead of three trucks, one of
the trucks going out twice a week, and two of the trucks going out once a
week...
Mr. Williams: Commissioner, you have the best service almost anywhere in the
country. You provide...
Cammissioner Plummer: Who asked you?
Mr. Williams: You provide service to your citizens...
Commissioner Planner: I didn't ask you, sir.
Mr. Williams: You're in your citizens' neighborhood four times a week.
You're there twice per week to pick up their garbage. You're there another
day to pick up their recyclables, and on the fourth day, you're there picking
up their trash and yard waste. You're in the neighborhoods four times a week.
Commissioner Plummer: Now, may I finish?
Commissioner Dawkins: Before you're finished, J.L., tell him...
Commissioner Plummer: Before you're finished, may I?
Commissioner Dawkins: No, but tell him before you're finished, J.L., that
that's why we do not have any diseases, and what have you, and rodents and
stuff from our garbages, because we have the best pickup system in the
country.
Commissioner Plummer: My God.
Mr. Williams: That is absolutely correct, Commissioner Dawkins.
Commissioner Dawkins: Thank you. Go right ahead. Go right ahead.
Commissioner Plummer: All right. Hello? I'm calling collect. Mr. Williams,
we are looking down the road to where, what I see, is going to be a great
reduction in not only the cost of the sanitation, but we're going to have a
lot of employees that are not going to be doing in two years what they're
doing today. If you send one truck dawn the street once a week or twice a
week, at the most, you're knocking out two trips. Now, what are you doing,
working towards that end? Do I make sense?
Mr. Williams: Essentially....
Commissioner Alonso: No, no, not to me.
222 September 27, 1993
Commissioner Plummer: OK. All right. Right today, Madam Commissioner, you
send the trash - the garbage truck, the trash compactor down the street twice
a week to pick up.
Commissioner Alonso: Yes.
Commissioner Plummer: OK? Once a week, you send the truck and the crane down
to pick up trash.
Commissioner Alonso: Yes.
Commissioner Plummer: And once a week, you send the truck down to pick up the
recyclables.
Commissioner Alonso: Yeah. Once a month it goes around my neighborhood.
Commissioner Plummer: Well, OK. Unfortunately, you're right, but that's not
the way it's designed. Now, in the future, when this plant gets in operation,
one truck will go down the street, and it will pick up the garbage, the trash,
and the recyclables, all in one truck. You might send that truck down twice a
week if necessary. What are you going to do with the other people that were
making the other two trips a week that are not going to be needed anymore?
Can I ask...
Commissioner Alonso: Well, let me tell you something. My understanding was -
and I was never...
Commissioner Plummer: Did I call collect?
Commissioner Alonso: And if that is the case, I'm calling back the item right
now. My understanding was, we were going to continue to collect the garbage
as usual, and they were going to do their process as they received the garbage
that we send. If now you're telling me that we are changing the system, and
we are going to let people go, and we are going to do it only once a week, I'm
calling that item back here, because I'm going to vote against the item. That
was not my understanding. I asked many, many times that question, and I was
told over and over that the system was not going to change, their process is
the one that will change, nothing else. Is that right, Mr. Williams?
Mr. Williams: The system has the capability of commingling everything. You
will decide...
Commissioner Alonso: I don't care how they do it. That's not - I'm not
excited about garbage. So that will not really make me go into how they do
it.
Mr. Williams: You will decide by policy...
Commissioner Alonso: That's not my point. My point is, do I get the truck at
my door? The citizens of Miami will have a truck at their door twice a week,
will continue to have it?
Mr. Williams: Well, that's garbage.
223 September 27, 1993
Commissioner Alonso:
Garbage, yes.
Mr. Williams: Yes.
Commissioner Alonso:
Twice a week?
Mr. Williams: Yes.
Commissioner Alonso:
Yes. And garbage once a week?
Mr. Williams: Trash.
Commissioner Alonso:
Trash once a week?
Mr. Williams: And recycling.
Commissioner Alonso:
Recycling is a nightmare. That's another story. Once
week?
Mr. Williams: Commissioner, let me just say...
Commissioner Plummer:
Wait, wait, wait.
Commissioner Alonso:
Answer my question. Yes?
Mr. Williams: Yes. At this point, absolutely.
Commissioner Alonso:
Then what are we...
Commissioner Plummer:
Why would you waste money, if you can send one truck
down the street, pick
up garbage, trash and recyclables, why would you send
two other trucks down
the street?
Commissioner Alonso:
Because it's bad enough as it is now. If they go only
once, this is going to be - I don't know what kind of a City.
Vice Mayor De Yurre:
J.L., you got to figure that...
Commissioner Alonso:
Because it's bad enough as it is now. They go three
times, and it still is a dirty City. If we send it once...
Vice Mayor De Yurre:
Those trucks would fill up that much more quickly.
Commissioner Alonso:
What?
Commissioner Plummer:
Huh?
Vice Mayor De Yurre:
The trucks would fill up that much more quickly.
Commissioner Plummer:
That's true. I understand.
Vice Mayor De Yurre:
So, you know, the trips are going to have to be the
same. Think about it.
It's the same amount of stuff you're going to pick up.
224 September 27, 1993
Commissioner Alonso: And the trips, has to go as...
Commissioner Plummer: Let me tell you something. It was my understanding,
having one truck pick up all three, and to be separated at the plant would
produce a very good savings. It still makes sense to me that you don't need
three different - you're talking about three different kinds of trucks.
Vice Mayor De Yurre: Well, J.L., you may have...
Commissioner Plummer: You're talking about a canpactor, you're talking about
an open truck, and you're talking about that ding -a -ling damn thing that goes
down the road making all the noise! Why would you have three different types
of trucks, when one trash truck can do the whole damn thing? I don't
understand.
Commissioner Alonso: It's not enough!
Commissioner Plummer: Well, keep your ding -a -ling. I don't know.
Vice Mayor De Yurre: When are we going to stop talking trash, huh?
Mayor Suarez: All right. Let's go.
Mr. Williams: The Commission will decide by policy what collection procedures
will be.
Mayor Suarez: All right, folks, let's go. Commissioners, we've got to decide
and get on to other issues, please.
Vice Mayor De Yurre: Mr. Mayor, I guess what we need is to get more
information.
Commissioner Alonso: Come back with a written report.
Mayor Suarez: The philosophy of privatizing or not privatizing solid waste
is something that we've argued up here a lot.
Vice Mayor De Yurre: If I may.
Mayor Suarez: Please. Mr. Vice Mayor.
Vice Mayor De Yurre: OK. I would like to get, Mr. Williams, for the next
time this issue comes up, a breakdown of what our situation would be
financially, if we were to match the same system that the privates are using
right now with commercials; if we were to raise our rates to the same amount
that they have it; and also, if we were to employ the same system that they
have with the lesser number of our employees.
Mr. Williams: And to buy the additional equipment.
Vice Mayor De Yurre: And - whatever.
Mr. Williams: Yes.
225 September 27, 1993
t"
14
Commissioner Alonso: Whatever is needed.
Vice Mayor De Yurre: OK? To see where we're at so we can make a good
comparison.
Mr. Williams: Yes, yes.
Commissioner Alonso: And check with the unions to see if it's an acceptable
proposal. Maybe it is.
Vice Mayor De Yurre: OK. That's it.
Mayor Suarez: All right. You don't need that in the form of a motion, so we
can proceed to the next item, 32.
Vice Mayor De Yurre:
No, I
don't
think we do. He's got directions.
Commissioner Plummer:
Wait,
whoa,
whoa, whoa!
Mayor Suarez: All right, I'm sorry. You want to make it into a motion? Yes,
go ahead. Anybody.
Commissioner Alonso: I move (unintelligible).
Commissioner Plummer: May I ask, Mr. Williams, of the 1,O54 accounts that you
had commercially, how many of them would you say are City of Miami?
Mr. Williams: All of them are in the City.
Commissioner Plummer: No, no, City of Miami. Fire stations, parks.
Mr. Williams: Those are not included in that.
Commissioner Plummer: They're not? OK.
Mr. Williams: They get cut - they get a special rate.
Commissioner Plummer: All right.
Mr. Williams: Bayfront Park.
Commissioner Plummer: Yeah, a special rate. You give me a special rate for
Bayfront Park, $33,000. I'd hate to see your regular rate.
Mr. Williams: Mr. Mayor, the only other issue was if you wanted to address
the recycling. I know that your offices have been receiving calls, and
whether or not you - I think you understand what we're doing with that
program. We're working on it diligently, but...
Commissioner Alonso: Do you know what you're doing with that program?
Mr. Williams: We know what we're doing with it at this point.
Commissioner Plummer: It's not him, it's the union.
226 September 27, 1993
y
Mr. Williams: We're just not getting the results that we're expecting.
Commissioner Alonso: I think the citizens of Miami are looking forward to an
answer.
Mr. Williams: You essentially approved...
Commissioner Alonso: We've been playing with recycling, that's what we've
been doing. My loophole.
Commissioner Plummer: They're looking forward to empty bins,
Mr. Williams: You approved an amendment to the SEA (Sanitation Employees
Association) agreement, I think, through next September, wherein they would
collect that. We have been diligently discussing their performance with them,
and I'm sure that your offices have been hearing the result of that. If you
would like for us to do anything different, other than continue to help them
on the management side, and give then whatever...
Commissioner Alonso: What would help is that they collect the recycling.
That's, I mean, the goal.
Mr. Williams: We will make that point.
Commissioner Plummer: Ron, what is the problem? There's obviously a problem.
Commissioner Alonso: A serious one.
Commissioner Plummer: What is the problem? Is there anything...
Commissioner Alonso: They went from half the City to the entire City, and
they didn't have the capability to ...
Commissioner Plummer: Is there anything...
Commissioner Alonso: That was it.
Commissioner Dawkins: Yes, that's it, Commissioner.
Commissioner Alonso: That's it.
Commissioner Plummer: ...this Commission can do to clean up the City, first
and foremost? I mean, should we put - I don't know. I mean - but there is
definitely a problem.
Commissioner Alonso: Oh, you better believe it.
Commissioner Plummer: How do we go about eliminating or at least reducing the
problem? I heard, they told me one time, the truck was broke down. The next
time, they told me it was raining. The next time, they told me the barricades
in the neighborhood, they couldn't get around the neighborhood. I mean, you
know, I got everything - finally, they came. Then they came three days in a
row.
227 September 27, 1993
i
Mr. Williams: May I bring you that recommendation back with the other
information on haw to improve it?
Commissioner Plummer: I think that this Commission has an obligation to its
people to do whatever is necessary, even if it's to help and put out a few
extra dollars to get this thing moving the way that we want to see it. I
really feel that way.
Mayor Suarez: All right. Absolutely. OK. Did you need a motion on that? I
guess the person interested is not...
Commissioner Dawkins: No, I mean unless Commissioner Alonso wants one.
Mayor Suarez:
------------------------------------------------------------------------------
41. INITIATE / REQUEST PROPOSED CITY OF MIAMI BOUNDARY CHANCE AMID SUBMIT
REQUEST FOR PROPOSED CHANGES TO THE BOARD OF COUNTY COMMISSIONERS OF
METROPOLITAN DADE COUNTY.
Mayor Suarez: All right. So if not, we'll go to item 32. What is this
about, Jack?
Commissioner Plummer: What is this for?
Mayor Suarez: I don't know.
Commissioner Plummer: I don't understand it.
Mr. Jack Luft: This is an item we discussed the last time.
Mayor Suarez: Hopefully, he can explain it quickly, and we can vote on it.
Mr. Luft: This is to incorporate within the municipal boundaries of the City
the marine stadium parking lot and the southern end of Virginia Key Beach.
They are currently outside of the City of Miami in Unincorporated Dade County.
We own the land. It is held in title by the City.
Commissioner Plummer: Can we do that unilaterally?
Mr. Luft: We can request the County Commission.
Commissioner Plummer: I move it.
Commissioner Alonso: Yes, second. Yes.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
Commissioner Plummer: Whoa, whoa, whoa.
228 September 27, 1993
Mayor Suarez: Yes, Mr. McMaster. Do not call the roll, Madam City Clerk,
just see.
Ms. Matty Hirai (City Clerk): Commissioner Plummer?
Commissioner Plummer: No, wait a minute.
Commissioner Alonso: Wait.
Mayor Suarez: Wait, wait. Do not call the roll.
Ms. Hirai: Sorry.
Mayor Suarez: Please.
Mr. Jim McMaster: I've recently become interested in what the City is doing
with its park land. I recently, watched five acres of Watson Island just
rezoned from park to commercial. We know what's being proposed in the FEC
(Florida East Coast) tract. There's just been a lot going on in our parks,
and I'm concerned about where we're heading with them. Why - Virginia Key
is - originally zoned all park. Recently in the last couple of years, parts
of it would have been changed to government institutional. Where are we
heading on Dinner Key?
Mayor Suarez: I thought the master plan for Virginia Key and for Watson
Island were the most restrictive, environmentally complete master plans of any
municipality in the history of this country, for any park that I've ever seen.
Mr. McMaster: Well, in 1989, Jack could probably tell you...
Mayor Suarez: And by bringing it under those two master plans, we are sure
that that will be the future use of it.
Commissioner Alonso: But this will not affect any of it.
Mr. McMaster: Well, in 1989 - and Jack could tell you - they rezoned - they
about doubled the size of the governmental institutional area out there. They
rezoned part of the tip by Fisher Island to commercial, and I think - this was
the original comp. plan.
Mayor Suarez: I don't know why that would have been done, but I'm sure it
had...
Mr. Luft: Yeah. Jim, this is all in accordance with the master plan.
Commissioner Alonso: But this will not affect any of the zoning or anything
like that. It's just to include.
Mayor Suarez: No, I know. But he's concerned that somehow by taking it out
of County jurisdiction and putting it in City jurisdiction, that somehow, that
dilutes the...
Commissioner Alonso: It's ours.
229
September 27, 1993
Mayor Suarez: Right.
Mr. Luft: The County has the deed restriction on both of these parcels,
requiring that the master plan that was adopted in '81 for the Virginia Key
Beach site, which was for a camp ground, be adheared to - we're not changing
that, the master plan calls for that. We're just trying to implement this
without having to go to two separate building departments, two separate
permitting procedures.
Mayor Suarez: OK. That explains it. That explains it.
Commissioner Alonso: Yes.
Mr. Luft: It's a procedural question. We're not changing the use.
Mayor Suarez: Anything further, Mr. McMaster?
Commissioner Plummer.: I made the motion.
Commissioner Alonso: Yes, I second it.
Mayor Suarez: Other than the fact that you don't generally trust government
to preserve the environment, which is unfortunate, because we...
Mr. Luft: Just to answer his question, whatever that master plan was...
Mayor Suarez: Mr. Luft, thank you, sir. We've got many other items.
Anything further, Mr. McMaster?
Mr. McMaster: I think my main concern here - and I'll get together with Jack
later - is, he's right, there are deed restrictions when the County gave you
some of this land.
Mayor Suarez: Exactamuindo. That adds to the responsibility of the people
here, to the master plans, which are very restrictive.
Mr. McMaster: OK. You know, clearly, if you're going to put in a
development, whether it's a Bayside or another kind of development, you'll...
Mayor Suarez: No such plans of any sort, no.
Mr. McMaster: Well, I'm just saying, if you do, you will need the area that
you own that is between the marine stadium and the causeway. My concern is,
on this parcel, as well as the port downtown - the proposed pork...
Mayor Suarez: It is not an issue in this at all.
Mr. McMaster: No, I'm just saying that...
Mayor Suarez: The only thing that is similar is that in this area, as in that
area, there is absolutely nothing happening that looks good, or that is
useful, or that makes the bay more accessible and more enjoyable to people.
230 September 27, 1993
Mr. McMaster: Right., No, I agree, but...
Mayor Suarez: And we're hoping to change that someday.
Mr. McMaster: But what I would like to get through to the Commission is, if
you are going to put a port downtown, or another Bayside someplace, that that
money be earmarked to acquire more park land. There seems to be a
continuing...
Mayor Suarez: That's an interesting thought, the thought if somehow we were
to take away - you mean to take away what is now green space or public land,
or something, that somehow, any funds resulting from that would be earmarked.
Usually, what we earmark it for is the very area around it, which is unkempt,
unused, and in awful shape, such as the FEC Bicentennial. That's what we
usually do.
Mr. McMaster: Well, I agree with you, it's in deplorable shape, but I think
there's been a habit, as I said...
Mayor Suarez: You'd like to have enough income from that so that you can have
a spillover to the rest of the City, or to other areas that we can acquire,
environmentally sensitive lands or something.
Mr. McMaster: No, Watson Island, the entire thing...
Mayor Suarez: Unfortunately, it doesn't ever produce that kind of money, but
if it did, I think that that's what we would earmark it for.
Mr. McMaster: Right. But as Jack can tell you, five acres of Watson Island
since 189 was rezoned to commercial. Bayside was park, is now commercial.
Mayor Suarez: I have no idea what you mean by that. Watson Island, what is
he talking about now? Watson Island being...
Mr. McMaster: I mean it was rezoned from park to commercial.
Mayor Suarez: We've done nothing in Watson Island except restore the Japanese
Gardens, hope that we can acquire money that none of the groups have come up
with to restore the Brown House, and otherwise leave the island exactly the
way it is, which is not necessarily the ideal way, but I suppose it's better
than some of the other things that have been proposed for it over the years,
including a theme park, or an amusement park, or something like that, which
this Commission is against.
Mr. McMaster: And last, but not least, most single-family residents or duplex
residents received a letter from the City of Miami Sanitation Employees that
as of August lst, all the garden and trash debris would be taken out to
Virginia Key and ground up and composted, and you...
Mayor Suarez: What about that letter? What does that mean? Does anybody
know anything about that?
Commissioner Plummer: I got it in my - I got it on my desk today, but I
haven't read it.
231 September 27, 1993
Mayor Suarez: Could you clarify - not necessarily in this Commission - that
we're not grinding up and composting things out on Virginia Key that people
should be concerned about?
Commissioner Plummer: No, we were.
Mr. Carlos Smith: We did, we did establish a yard composting facility over
there over a year and a half ago.
Commissioner Plummer: But it's all gone. It's all gone. Every bit of it's
gone.
Mr. McMaster: Is it gone? I was told just the other day you can drive out
there and get your mulch.
Commissioner Plummer: Oh, they have mulch there, yes, but all the debris has
been hauled off.
Mayor Suarez: Well, I hope you don't want to prevent us from giving the mulch
to people that might want to pick it up.
Mr. McMaster: No. But we do have a large City here with many areas that are
zoned government institutional, where one can put these huge grinders the size
of this room in them and grind up mulch. You don't need to take this out to a
public park, mix debris, and then grind it up.
Mayor Suarez: Oh, please, please, please, Jim! You know, the credibility of
some of the things you propose is just...
Mr. McMaster: Well, I have a question for the City. Has that stopped? Are
we using the park in Virginia Key as a mulching and composting?
Mr. Smith: I believe so, but I really cannot give you an answer right now.
Mr. McMaster: OK. I'll check with the City tomorrow. Thank you. I'm just
concerned .. .
Mayor Suarez: All right. And by the way, the mulching of organic yard waste
is probably one of the most innocuous things you could possibly do anywhere.
I wish you wouldn't be so concerned about this.
Mr. McMaster: Well, it is if you and I have a little chicken wire fence in
our back yard three feet across, but if you're taking it from 350,000
residents who are dumping everything in these trash piles...
Mayor Suarez: We did that in the aftermath of Hurricane Andrew, which
produced roughly ten years of that stuff on the ground.
Mr. McMaster: No, no, I'm not - no, sir, I'm not referring to that. I'm
referring to an ongoing program to pick up what's on the streets, take it out
there and grind it up, which is not a park...
Mr. Smith: We were only taking yard waste over there, not just -
232 September 27, 1993
3
Mr. McMaster: But you are taking it out to Virginia Key Park.
Mr. Smith: Yard waste only, is the only thing we were taking over there.
Commissioner Plummer: rib where? To where? Bull, bull.
Mr. McMaster: What I'd like to discuss with the City, in the future, finding
a more appropriate place instead of a park to...
Mayor Suarez: That was a composting area out there. It was a bit of a
disastrous effort by the City, but that particular aspect of it is one of the
more...
Mr. McMaster: Well, when the County gave it to you, they said you could use
it as a tree farm - it's in the deed restriction. It can be used as a tree
farm, and then turned over to a park. But I just think it's time the City
needs to start looking at what we're doing with parks, and I have no problem
with the port downtown. If they want to put one there, fine. The income
should go to the...
Mayor Suarez: Well, why you would apply that kind of philosophy to this area
which we have earmarked, constrained, specified, and master -planned, so that
nothing can go out there except the kinds of things that you're suggesting is
beyond me. All right.
Mr. McMaster: Well, I think the reason I brought up the park was, of course,
the exchange for this land was for the park originally, back in '79, and
that's how the whole...
Mayor Suarez: The whole thing just about is master -planned for a park.
It's - you know, about the only thing you could build out there is a nature
trail so you can go see, you know, the wildlife that's out there, which we now
protect by an environmentally sensitive area wildlife refuge of 400 acres,
last count, which I wish you would tell the general public, the Miami Herald
and some other people, so they'd know what's being done, next to a major
downtown.
Mr. McMaster: No, I've never bashed the City before on the parks, but I'm --
just want to draw your attention that we need to start paying attention to
them.
Mayor Suarez: Get them on a boat to go see that critical wildlife refuge.
We're very proud of that.
Mr. McMaster: I never go - sorry, I haven't been to the beach since they
built the new bridge out to Key Biscayne.
Mayor Suarez: Obviously, you haven't been out there in a while.
Mr. McMaster: Thank you.
Mayor Suarez: All right. Thank you, Jim.
233 September 27, 1993
j.
a
Commissioner Plummer: Please go to the beach.
Mayor Suarez: Item 32, we have a motion and a second.
Commissioner Alonso: No, no.
Mr. Luft: Did you want to vote on that?
Mayor Suarez: Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-601
A RESOLUTION, WITH ATrAOIMEDTP(S), INITIATING AND
REQUESTING A PROPOSED BOUNDARY CHANGE OF THE CITY OF
MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER AND THE
CITY CLERK, AND OTHER PROPER OFFICERS AND OFFICIALS OF
THE CITY OF MIAMI TO TAKE ANY AND ALL ACTIONS AS MAY
BE NECE SARY TO SILMIT A REQUEST FOR THE PROPOSED
BOUNDARY CHANGES TO THE BOARD OF COUNTY COMMISSIONERS
OF METROPOLITAN DADE COUNTY, FLORIDA; AUTHORIZING AND
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE HEREIN NAMED OFFICIAL.
(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.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
------------------------------------------------------------------------------
42. DISCUSSION CONCERNING REPRESENTATIVE FROM LAW FIRM OF ADORNO & ZEDER
REQUESTING APPEAL REGARDING THE FIESTA'S TOUR BOAT LEASE AT MIAMARINA.
Mayor Suarez: Item 33. The Fiesta Tour Boat lease, Miamarina. Mr. Adorno.
Commissioner Alonso: Well, we don't see Mr. Adorno around here very often.
Commissioner Plummer: What?
234 September 27, 1993
jL
Commissioner Alonso: We don't see him around here very often.
Commissioner Plummer: Who?
Commissioner Alonso: Hank Adorno.
Commissioner Plummer: Oh, Hank Adorno?
Commissioner Alonso: Yes.
Commissioner Plummer: Most of the people who come to the City can't afford
Hank Adorno. That's why you don't see him that often.
Commissioner Alonso: Ha -ha-ha.
Mr. Henry Adorno: Good evening. I hope everybody feels better, and I hope
that our position on the agenda, after discussions on composting, sludge, and
garbage was not intentional, although at the end of my presentation, you may
find some similarities. I represent, and our firm represents, which is a - by
the way, I'm full disclosure. I am here as an attorney, I am registered as a
lobbyist, I am an interested party, my law firm is in the City, and I am a
resident of the City.
Commissioner Alonso: Good for you! Ha -ha-ha.
Mr. Adorn: I represent Fiesta Tours, Inc. It's a corporation that is owned
by two individuals, David Wilkins and Walter Fortunato, who are both here
presently. This is not a major multi -national corporation I'm here
representing, and we are here addressing the decision by your staff to evict
us from our slip and our business as tour boat operators at the Miami Marina -
Miamarina. This is a significant matter, folks, because the decision to be
made by this Commission will, in essence, result, if there is, in fact, an
eviction, with our people going out of business and losing a substantial
investment of over $250,000 for the purchase and retrofitting of their
particular boat. I need to give you a little bit of history. A lot of this
stuff will be known to most of you. Some of you have been here for a very
long time. One Commissioner, in particular, probably knows the history of
Pier 5 and Bayside better than I do or I'll ever know. About three years ago,
in July of 1990, my clients approached the City, askin to lease one of the
boat slips along the Pier 5 area down at Bayside, to put in another tour boat
operation. These are the little tour boats, tours coming in, and they - for
$5 - we charge $5, the competitors charge $10 - they go out on either hour and
a half or hour cruises in the Biscayne Bay area. We wanted to get into the
business because Walter previously had provided tours to one of the
competitors, and saw that this was a very lucrative business, which, when I...
Mayor Suarez: Is yours the one that ends up being lined up right close to
Snappers?
Mr. Adorno: Yes.
Mayor Suarez: I saw it the other day. It seems to work quite well.
Mr. Adorn: And we wanted to get in the business. We went to the City. The
City told us on numerous occasions that there were no boat slips available.
235 September 27, 1993
After several attempts, we, on our own, found that slip number 16 was
available. We went to the City and told the City that we wanted to rent slip
16. They agreed. And then, we had to get certain assurances, because slip 16
is not in a very good location to operate this kind of business. Most of you
are going to be familiar...
Mayor Suarez: You're going to have to take the microphone that you can take
remote with you.
Mr. Adorn: I doubt that I'll use the microphone here, but I'll...
Ms. Matty Hirai (City Clerk): You can take the microphone here.
Mr. Adorn: I talk loud enough.
Ms. Hirai: No, no, we need to have you...
Mr. Adorno: You need it? OK.
Ms. Hirai: We need you on the record, please.
Mr. Adorno: OK. What would you like me to do?
Ms. Hirai: Speak into it.
Mr. Adorno: Into it? No problem.
Mayor Suarez: We agree that from time to time, you can be a loudmouth, but it
still isn't necessarily picked up by the unit directional mike and all of that
stuff.
Mr. Adorn: Most of you are familiar with the layout at Miamarina. This is
the exhibit - I'm going to put it this way - which is an attachment to the
boatman settlement, when you. all settled your dispute with regard to the
boatmen, and the damage done as the result of the construction there on the
old Pier 5, and the area that is delineated with the black is, in fact, the
Pier 5 area. Here's the central pavilion, and here is where now you have the
Hard Rock Cafe, to put everything into perspective. Pier 16 is located right
about where I am pointing. It is, as the Mayor correctly pointed out, almost
directly in front of the Snappers Restaurant. As you know, when the tours
come, they have a tendency to come down the middle and to see what's going on
in the Bayside area, and to operate a tour boat from over here would not make
a lot of sense, because there would not be any reason for the tourists to walk
down here, since almost everybody else along this area is a charter fishing
boat operation. Our clients were going to spent $250,000 to buy a 46-foot
Catamaran and retrofit it to be able to carry 90 passengers in this tour boat
operation. What they did is that they went to the City, and the City told
them that since it was going to take approximately 18 months to retrofit this
boat, that by that time, they knew that certain of these other slips, more
toward the center, were going to become available, and that in all likelihood,
by the time they were ready to operate, Fiesta would have gotten a much better
slip, much closer to the center. In addition, the City said, you got to go to
Bayside, since they, in essence, run the rest of the area, and get their
permission. We went to Bayside, and Bayside told us, "No problem. We welcome
236 September 27, 1993
you, and we will allow you to sell tickets, in the same manner as the other
tour boat operators."
Mayor Suarez: Mr. Adorn, I have to interrupt you.
Mr. Adorn: Yes, sir.
Mayor Suarez: Mr. City Attorney, what is the relevancy to this Commission of
all of this argument? Why are we set up here to be an appellate court for a
decision made administratively, and that it seems to me should, if anything,
go from here to the court system? I mean, your argument may be very
compelling, Mr. Adorno, but I don't see where we're experts in where to locate
excursion boats or whatever.
Commissioner Plummer: Hell, if we can handle garbage, we can handle boats.
Mayor Suarez: Well, I'm not sure that we can handle either one, but...
Commissioner Dawkins: I agree.
Mayor Suarez: ... what - why are they here?
Commissioner Plummer: Ha -ha-ha. It's been a hell of a day.
Mayor Suarez: Why is this scheduled before us? I presume that this - well,
you just requested a personal appearance?
Commissioner Alonso: They requested it.
Mr. Carlos Smith: They requested a personal appearance.
Mayor Suarez: And you did not seem to convince him that the appropriate place
to do this is in court, or some other...
Mr. Alonso: Mr. Mayor, we don't want to go to court.
Commissioner Alonso: We have seen other cases of Bayside.
Mayor Suarez: You don't want to go to court. You're trying to avoid legal
expense for us.
Mr. Adorno: No. I'm trying to avoid my client being put out of business, and
once they're put out of business, yes, we'll go to court. But then, you know,
you're shutting the door.
Mayor Suarez: Yeah. No, I have a feeling you're going to go to court either
way. I mean, if we don't rule - if we don't decide in your favor, but I don't
see how we can superimpose our views on the Administration on this.
Mr. Adorn: May I continue?
Mayor Suarez: As much as it might, you know, make sense or not, I mean, who
knows. This is like - this is turning out to be an appellate board for every
possible dispute that people have with the City Administration.
237 September 27, 1993
Unidentified Speaker: That's correct, Mr. Mayor.
i Mr. Adorno: I am here. I made this request that at the end of the hearing,
with your staff and your lawyer - this is where your lawyer told us to go -
I'm on page 42.
Mayor Suarez: Of what?
Mr. Adorno: Of the meeting that we had with staff and your attorneys.
Mayor Suarez: You transcribed the meeting with our staff?
Mr. Adorno: Oh, yes.
Mayor Suarez: And you recorded it? Wow!
Mr. Adorno: You do not have a procedure - an administrative procedure - for
eviction matters. I then requested...
Commissioner Dawkins: So you're going to help us develop one.
Mr. Adorno: I'm sorry?
Commissioner Dawkins: So you're going to help us develop one.
Mr. Adorno: No, sir.
Commissioner Dawkins: OK.
Mr. Adorno: What I'm going to hope to do is to convince you that you're about
to make a major mistake.
Mayor Suarez: Hank, OK. In fairness to these other matters that we have
today - we have a whole Planning and Zoning agenda, we have the budget
hearings, and we have a matter pending from this morning, three contract
negotiations with our three principal unions - or three out of our four
principal unions - in fact, of our four only unions that we've got. You've
got - we've got to set some limit on this. Under the code, I think I am
required to give him how long, if he seeks a personal appearance?
Ms. Hirai: Ten minutes.
Mayor Suarez: OK. Could you dock him a reasonable period of time? You get
ten minutes, as far as I'm concerned. When you finish your presentation, I'm
going to go on to the next item. I have absolutely nothing to say about this,
except you're a heck of a nice guy, and a great lawyer, but this has nothing
to do with this Commission. We cannot be an appellate board for every dispute
with the City of Miami Administration. That is just not our role, and that is
unfair of you or anyone else to ask us. But if our code requires that we hear
you, Madam City Clerk, give him another eight minutes.
Mr. Adorno: Mr. Mayor, may I, before my eight minutes, just ask this request
then? I believe this matter can, in fact, be resolved. If anyone of the
238 September 27, 1993
Commissioners here would put this matter off to October 14th and request a
meeting that would involve Bayside, the staff...
Mayor Suarez: How about that? In the interest of expediency and saving the
next eight minutes, and the torture that goes with listening to an
administrative issue that we're not an expert in.
A. Quinn Jones, III, Esq. (City Attorney): Let me just comment on that, Mr.
Mayor.
Mayor Suarez: Does it profit us any to not take any action?
Mr. Jones: 'There's no action, really, for you to take. What you have...
Mayor Suarez: Well, can you assure us that nothing will happen until the
meeting the counselor is seeking?
Mr. Jones: Well, I can't tell you that anything won't happen. I can only
tell you...
Mayor Suarez: Why not?
Mr. Jones: ... is that this was a contractual relationship, which specified
conditions under which the mooring and dockage agreement could be terminated,
and if this particular - any of his clients - feel like it's been aggrieved,
then there's a remedy for it in the contract. You're absolutely right...
Mayor Suarez: Do we lose anything?
Mr. Jones: You're absolutely right that you cannot impose yourself in making
a determination that's been different than other than the Manager has made, in
terms of terminating his agreement. He's well within...
Mayor Suarez: Do we lose anything if we guarantee him the period of time that
he's asking for to try to negotiate the matter?
Mr. Jones: I don't know that you can do that, Mr. Mayor. It has already
been...
Commissioner Plummer: We've already done that. We've already done that.
He's already been out since - working in July.
Mr. Smith: He's already been stopped.
Commissioner Plummer: According to this...
Mayor Suarez: OK. You don't anticipate - then that - you're answering a
different question, but also a dispositive one. You don't anticipate that he
will be able to convince us otherwise, so you've heard all the arguments. All
right. Complete your argument, then.
Commissioner Plummer: Well, wait, excuse me. Is it not true that he's been
out since Bastille Day? According to the letter that I have here dated July
the 30th, he was given 30 days to vacate, starting on the 20 - the 14th of
June. Now, is he out presently or not?
239 September 27, 1993
Commissioner Alonso: He's there!
Mr. Adorno: No. We're there, based upon agreement with the Manager...
Commissioner Alonso: Yeah.
Mr. Adorn: ... while we go before the Commission. You all are changing the
rules right in the middle of this Commissioner Plummer.
Commissioner Plummer: Excuse me. From what I'm hearing, we don't have any
rules.
Mr. Adorno: Well, I agree with that one also, but the issue is significant
here, folks.
Commissioner Alonso: So what you are hoping to...
Mr. Adorno: I'm not here on a contractual basis. The City is discriminating
against my client, and in favor of someone else...
Mayor Suarez: OK. It is the Chair's ruling that you will get the rest of
your eight minutes, and as far as I'm concerned, that ends the discussion. If
any Commissioner at that point wants to try something, they're welcome to. I
certainly won't. It will be my intention at that point to go to the very next
item. Madam City Clerk, please.
Commissioner Alonso: No, I just want a clarification from him in reference to
the date that he gave, October 14th, you said that?
Mr. Adorno: I believe that's your next Commission meeting. I wanted an
opportunity to try to sit down with people, to try to negotiate things, to
avoid litigation, as opposed to this matter coming before you after
litigation. You all are constantly yelling because you have this litigation.
I'm trying to get somebody to listen.
Mayor Suarez: Mr. Adorno, with all due respect, you're making your argument.
You will have minutes to do that, and unless any Commissioner wants to discuss
it at that point, we'll go to the next item. Madam City Clerk, please give
him his eight minutes.
Mr. Adorno: Representations were made by the City that we would have access
to this - to a better boat slip; and also, Bayside said that we would have a
slip - I mean ability to sell over here. Just before we built the boat,
representations were made by Bayside that we would be able to dock over here
at the south pavilion, and that we would be able to use the spot by the
Heritage, when the Heritage vacated. The minute that we got into this spot
and we parked over here, Bayside rescinded that authorization to use the south
pavilion. It was rescinded as a result of complaints made by our competitors.
We were then told that we had to stay over here in slip 16. We then went out
on the Bayside property to try to sell our tickets. We then were told that we
wouldn't be able to sell our tickets on the Bayside property. So we were left
over here with the only ability to sell our tickets right here, which means
we, in essence, go out of business. As anybody who just invested $250,000,
240 September 27, 1993
1
they had to cane up with some idea. So what was their idea? Their idea was
to cut the price down from $10, which everybody else charges, to $5, and post
it on the side of our boat. And so people could find out where we were, we
would take our boat out to ride .in this area, playing music, to draw attention
to our boat, to try to get somebody over here. Now, that was a direct result
of representations made by the City and Bayside, which were then rescinded.
More importantly, when they hired us, we stas_ted looking at this. And, Mr.
Plummer, you should hear this. Commissioner? Commissioner, I want you to
hear this, because you're giving away millions of dollars here. Under -the
boatmen agreement...
Commissioner Plummer: No, no, no, I'm not giving away millions of dollars.
Mr. Adorno: Well, your staff is. Under the boatmen agreement, everybody who
had one of these slips was entitled to keep that slip for 19 one-year renewal
periods, and it had a right to assign that to someone, provided it was a...
Commissioner Plummer: You're talking to the guy who negotiated that.
Mr. Adorn: ... provided it was a charter fishing boat, which could not
exceed the outside pilings of this boat. Somehow - and this is why we're
saying we are not being treated equally...
Commissioner Plummer: That, I don't remember.
Mr. Adorn: - and if nothing else, folks, as a taxpayer, you need to look
into this. This is our competitor. Our competitor is a commercial tour boat.
It is not a fishing boat. It sticks out way beyond the pilings, and the
location of the three boats is beyond the settlement area. Do you know that
one tour boat operator has revenues of over $7,000,000 a year? And your rent
that you charge them is $241 a month, per slip. You're charging $7,000 worth
of rent for someone who is grossing over $7,000,000. I believe that violates
your charter, I believe it violates your ordinances...
Commissioner Plummer: No. Hank...
Mr. Adorno: ... and I believe all of this needs to go out for public bid. If
you do that, then we will bid for one of those better spaces.
Commissioner Plummer: OK. Hank, just for my colleagues, so they don't think
I'm completely nuts, when we negotiated this, it has to be remembered that we
had a real mess. We had put the charter boat fishermen out at the time so
that Miamarina could be redone. We assured there if they would move over to
Watson Island, that when they came back to Bayside, that they would get
priority, that we would give them a reduction in rent, and we would cater to
them. What happened was, that didn't even work out. Then we worked out a
deal with there that we were going to put them in the FEC slip and give them a
half a million dollars in compensation they claimed that they had lost. That
didn't work out. Then we came together and we worked, and that's what I
negotiated, and they had Danny Paul, that they came up with this thing, and we
got all kinds of concessions from the City. We didn't lose millions. We had
a hell of a problem, and it was the only way that we could work it out. So I
just want that on the record.
241 September 27, 1993
Mr. Adorno: I do. But what I'm saying to you is, your settlement agreement
limits the use of this phase under the $241 per boat slip to chartered fishing
boats that cannot exceed these pilings.
Commissioner Plummer: Does it say charter fishermen? That, I don't recall.
Mr. Adorno: What you have here is, you've got commercial tour boats which
is - here, you can see it - exceeds the piling. You are wasting millions of
dollars of revenues. There is not another piece of waterfront property that
you do not have it based upon a rent - a gross rent.
Commissioner Plummer: Let me tell you where that's not correct. There was a
sailboat that we put over on the side. It was not a charter fishing boat.
Mr. Adorno: You've got Monty's that way. You guys are fighting with the Port
of Miami to give them a percentage of the revenues.
Commissioner Plummer: No, I don't want to get into it.
Mr. Adorno: We are willing to pay a much higher rent, and you should be
requiring everybody else. You have to put that out to bid. You cannot do
that at the value that these leasehold pieces of property have under the
present system that you have, and that would be our alternative request, is
that you investigate. And if I'm right - and I'd be willing to sit down with
your City Attorney and show him the settlement agreement - in my reading of
it, then all of these other tour boats that are outside of this area, then
they -- all of those spaces should be put out to bid. You have a revenue
source here, folks. Tour boat operators are taking well over a million
passengers a year out of M amarina, predominantly done by one person. You
should be charging a percentage of gross. At $1 a head, you would be
producing revenues to the City of well over a million dollars. You should be
looking at this entire Miamarina area for a master plan. The charter fishing
boats, they can stay there, but your money to be made is on the tour boats.
If you do that, and if you were to move our spot from pier 16 and give us a
chance to bid, and put us someplace else, we would not be a problem to
Snappers. The reason we are a problem to Snappers is that there's no reason
to put a tour boat over here on pier 16, located right there. All the other
tour boats are in an area where they will. not cause a noise problem. That's
the reason we're being evicted, folks, here, is because of predominantly
noise. You're going to put somebody out of business, cost them $250,000 in
investment, and force them to litigate. That's not what the City's about.
You are not a typical landlord. You are a municipality. You're supposed to
treat everybody fairly and equally, and accordingly, I would ask you to
consider not evicting us, while you would, at minimum, explore what I have
raised today, and get staff and your lawyers to come back with a position as
to what you should do. We have, since we got in this case 90 days ago, the
City Manager graciously agreed not to evict us. We have not had one
complaint. We have had not one problem over there. We will abide by any
rules and regulation. What is the rush to judgment? What is the rush to
start litigation? It's not necessary. I think it can be worked out between
us and the City. I probably went over my eight minutes, but I'm telling you,
folks, this is a significant issue you need to explore.
Commissioner Plummer: Hank, I want to tell you, I just called the City
Attorney on the carpet. You got your eight minutes? The Charter says two.
242 September 27, 1993
Mr. Adorno: Well, at least I won that.
Ms. Hirai: It hasn't been - traditionally, it has been that - it hasn't been
adhered to.
Commissioner Alonso: Well, I think he gave us important information. We
could be making 1,000,000. I like that. I'm going to look into that,
definitely.
Commissioner Plummer: Again, to look into it is one thing.
Commissioner Alonso: That's very important.
Commissioner Plummer: But the City Attorney telling us that we can't do
anything...
Commissioner Alonso: So the eight minutes was worth it.
Commissioner Plummer: ... but listen, I think that ends it.
4 Mr. Adorno: Well, can I ask the City Manager if...
Commissioner Plummer: Anything you want, sir.
Mr. Adorn: ... if he would be gracious enough not - there's been - ask him
if there's been a problem n the last 90 days that we've been in this. If
not, what's the rush to put somebody out of business while we try to
negotiate? I don't understand that.
Vice Mayor De Yurre: Hank, Hank, the bottom line is that we're not going to
get involved in it. So you have to deal with the City Attorney's Office.
Mr. Adorno: I have to sue the City, and then it comes back for you for...
Vice Mayor De Yurre: Let me ask this. Is there an existing lease?
Mr. Adorn: No, sir.
Unidentified Speaker: It's expired as of April 193, as of April '93.
Vice Mayor De Yurre: It expired.
Mr. Adorno: Well, there's a legal issue on that, since we sent you the check
and we signed a lease, but, yeah, for all practical purposes...
Vice Mayor De Yurre: There's no lease.
Mr. Adorno: ... we're on a month -to -month.
Vice Mayor De Yurre: OK. So then legally, the City has every right to take
this space back.
Mr. Adorno: No, sir, not - you have a right under contractual, but you also
have a right under the Civil Rights Act, and under due process clause of the
243 September 27, 1993
Constitution to treat us equally, and not to have made representations. You
got to remember, you made representations to us - as I know, Commissioner,
you're a lawyer - you make representations to us that we're going to get a
boat slip closer inside, the boat slip, and we acted in reliance on it.
Vice Mayor De Yurre: Who made that representation?
Mr. Adorno: The City of - who was it? Who made the representation?
(INAUDIBLE CU4ENT)
Unidentified Speaker: de la Torre.
Vice Mayor De Yurre: OK. Now, de la Torre...
Mr. de la Torre: No, sir. I did not.
Vice Mayor De Yurre: OK.
Mr. de la Torre: I just met once with them before.
Vice Mayor De Yurre: OK. Well, we're not going to get into that, but my
suggestion is that you go talk to them, and if you can work something out,
fine. If not, you know, you end up in court.
Mr. Adorno: How about the other issue I raised of looking into this matter
and determining whether, in fact, I am correct, and all of these boat slips,
involving tour boat operators need to be put out to public bid.
Commissioner Alonso: Yes.
Vice Mayor De Yurre: Well, let the Administration make a recommendation.
Commissioner Alonso: I think we should look into that.
Vice Mayor De Yurre: OK?
Commissioner Alonso: And come back to us.
Mr. Adorno: They don't know?
Commissioner Dawkins: You know, don't let Mr. - hey, Mr. City Attorney, do
not allow this - do not allow anybody...
Commissioner Alonso: We don't know what he's saying.
Commissioner Dawkins: Mr. City Attorney...
Mr. Jones: What I was telling then...(INAUDIBLE)...to look into it.
Mr. Smith: We'll look into it.
Commissioner Dawkins: Mr. City Manager, do not allow anybody to push you into
a corner, making any suggestion that they might take to court. Now, we told
244 September 27, 1993
you that we were not going to hear this, and the attorney keeps digging and
digging, and asking and asking, and everything that he's saying, he's going to
eventually hit you with it in court. Now, we said that we're not going to
hear this, so we're through with this now.
Vice Mayor De Yurre: OK. That's it.
Mr. Smith: Commissioner Dawkins, I also put on the record before that we had
met with them and nothing had come out of it, so...
Commissioner Dawkins: Don't even put that on the record. When he goes to
court, then you tell it to the judge.
Mr. Adorn: Well, for the record, we did not meet with them for purposes of
settling the matter. We met with them because I asked for a hearing. They
did not state their grounds, and they just said, "Present whatever it is you
want." That is not a meaningful dialogue, Commissioner Dawkins, by way of
trying to resolve problems.
Commissioner Dawkins: See, that's your interpretation. Their interpretation,
Mr. Adorn, was that that's what they were meeting for. Your interpretation
is that they - that was not what they were meeting for, so therefore, somebody
has to decide who's right.
Mr. Adorn: That's why I had a transcript prepared. In any event, I really
ask this Commission to reconsider what's happening here. You're hiding behind
a staff recommendation that will cause somebody to go out of business, and...
Commissioner Dawkins: We're not hiding.
Mr. Adorno: Folks, you guys hear all sorts of things on appeals from this
Commission. I'm here because your lawyer told me to be here.
Commissioner Dawkins: But we're not hiding.
Commissioner Plummer: Why did you do that?
Commissioner Dawkins: I get paid $5,000 a year. He gets paid $95,000 a year
to make a decision. I'm not hiding behind him.
Cammissioner Plummer: Why did you do that?
Vice Mayor De Yurre: OK. Well, that's it. OK. Thank you very much, Hank.
Mr. Adorn: Appreciate it.
Vice Mayor De Yurre: Next item, Mr. Marvin Dunn, item number 34.
Commissioner Alonso: Mr. Vice Mayor, I think we should look into the other
comments that he made...
Mr. Smith: We will do that, most definitely.
Commissioner Alonso: ... and see the possibility of making some money.
245 September 27, 1993
Mr. Smith: Yes.
Commissioner Alonso: All right.
Commissioner Plummer: Madam Commissioner, I wish you well.
this for about six months.
Commissioner Alonso: Well, Commissioner Plummer...
I went through
Commissioner Plummer: And they'll go hire Danny Paul again.
Commissioner Alonso: ... whenever I hear 1,000,000, I go after it, and I
think there is a serious possibility of doing it.
Commissioner Plummer: It's not there.
Commissioner Alonso: Why not?
------------------------------------------------------------------------------
43. PERSONAL APPEARANCE BY MARVIN DUNN TO APPRISE CITY CU44ISSION OF STATUS
OF THE OASIS PROJECT -- APPROVE $200,000 FOR SAID PROJECT, SUBJECT TO
ADMINISTRATION ENSURING THAT FUNDING WOULD, IN FACT, BE AVAILABLE.
Vice Mayor De Yurre: Yes, sir.
Mr. Marvin Dunn: Good evening. My name is Marvin Dunn, 3530 Crystal View
Court, Miami, Florida. We're here to advise the Commission that the Oasis
Project, which this Commission has supported, is now being operated and
sponsored by another community -based organization. We're here to ask the
Commission to authorize the staff to proceed with the property acquisition
which the Commission has already authorized to the tune of $200,000 for the
acquisition of land to build the Oasis Project. We're also here to ask the
Commission to release the $15,000 CHDO (Community Housing Development
Organization) grant for predevelopment operations for the project.
Vice Mayor De Yurre: OK. Mr. Smith.
Mr. Carlos Smith: We'll go ahead with it.
Vice Mayor De Yurre: You guys are ready to proceed?
Mr. Dunn: Yes, we are ready to proceed. The project is in the County budget
for $85,000 for the administrative staffing. We have just received at $7500
grant from Christ Church. We expect the rest of our funding to come through.
The City of Miami., of course, is key, in that the City is in the position to
acquire the property and put the building up.
Vice Mayor De Yurre: OK.
Commissioner Plummer: Where would this be located, Marvin?
246 September 27, 1993
Mr. Dunn: We're looking at a site at the corner of Grand Avenue and Hibiscus
Street. It fronts - it is contiguous with Christ Church property.
Commissioner Plummer: And how many people would this scenario accommodate?
Mr. Dunn: We're hoping to put 30 townhouses on that site.
Commissioner Plummer: At Hibiscus and Grand?
Mr. Dunn: Yes, sir.
Commissioner Plummer: Are you talking about where the mini -park is?
Mr. Dunn: That's right.
Commissioner Plummer: Are you going to tear down Bains Funeral Hare?
(INAUDIBLE COMMENT)
Mr. Dunn: Yeah, the park is at Elizabeth.
Commissioner Plummer: I'm sorry?
Mr. Dunn: The mini -park is at Elizabeth Street and Grand. We're not talking
about that.
Commissioner Plummer: OK.
Mr. Dunn: We're talking about Hibiscus, where the carnival is sometimes set
up there in the Grove.
Commissioner Plummer: That vacant lot.
Mr. Dunn: That's right.
Commissioner Plummer: OK. Where the street doesn't go all the way through.
Mr. Dunn: That's correct. There are three houses on that street that we're
trying to acquire, as well.
Commissioner Plummer: Would it go all the way back to Christ Church?
Mr. Dunn: Yes, Yes. We've talked with the owners. They're all interested in
selling.
Commissioner Plummer: Has the City - not you again. Has the City determined
that, in fact, you could realistically put 30 units on that property? That
sounds like an awful high density to me, for that little bit of property.
Mr. Dunn: Well, that's our plan. Our architect, of course, will look at it
once we've acquired the property.
247 September 27, 1993
Commissioner Plummer: Well, I guess then I have to turn around and ask the
next question. Of the monies you're asking from us, what would they actually
be used for at this tune,'
Mr. Dunn: The acquisition of the land, $200,000, which probably will not be
sufficient to acquire all. of the lots, but that is what the Commission has
already authorized.
Mr. Jeff Hepburn: There was $200, 00 earmarked from the Block Grant back in
April or May.
Commissioner Plummer: Who owns the big parcel? Is that part of the $200,000?
Mr. Dunn: The Stirrup family. The Stirrup family descendants own that
property.
Commissioner Plummer: And they are agreeable to selling?
Mr. Dunn: They are agreeable to talk about it, given the purposes that we are
proposing.
Commissioner Plummer: OK. I guess my only other concern - and then I'll let
somebody else talk, if they wish - I'm concerned about residential housing on
Grand.
Mr. Dunn: Well, we're concerned about that, too. The Coconut Grove - David
Alexander has also expressed concerns about that. We don't expect to have
residential units facing Grand Avenue. We're talking about some other uses
for that ground level, and the residents will be facing actually on Hibiscus.
Commissioner Plummer: But you're talking about 30 individual units?
Mr. Dunn: As many as we can get on that site.
Commissioner Plummer: But, I mean, these would be individual units; it
wouldn't be an apartment house type of a scenario.
Mr. Dunn: They will be designed as contiguous units.
Commissioner Plummer: Have you seen any kind of a design?
Mr. Hepburn: They have not proceeded that far yet.
Commissioner Plummer:
Look,
I'm all in favor of doing something in
that
location, but I think
we need
some more information. I really do.
Mr. Dunn: Well, let
me just
ask you to just work with us on the number.
We
won't put in there any more
than obviously can reasonably fit on that
site.
Our Grand plan calls
for 30.
If we end up with fewer than that, we'll
have
fewer than that.
Commissioner Plummer:
And where would the money come from to actually
build
the units?
248 September 27, 1993
Mr. Dunn: We expect to apply to the City for home funds.
Mr. Hepburn: What we're talking about at this particular phase is basically
land acquisition. We will deal with brick and mortar as we proceed.
Commissioner Plummer: Excuse me. You know, if I hadn't have been around when
HUD started acquiring property on 5th Street and alongside of the expressway,
and bought up all of those units in there, and now, we have nothing but weed
patches down there, I might think differently about acquiring the land. OK?
But if you acquire land and you can't use it and can't get the money to build
on it, you've got one more piece of land that you've taken off the tax rolls.
Now, that's my concern.
Mayor Suarez: Can we limit it to a period of time in which they have to get
their funding together? Otherwise...
Commissioner Plummer: Well, I tell you what I'd be willing to do. I would be
willing to approve the $200,000, subject to the Administration having some
comfort level that the monies would become available for the construction and
completion of the housing. OK?
Mr. Dunn: That's fair enough.
Commissioner Plummer: That, I'll move.
Commissioner Alonso: Second.
Mr. Dunn: All right. We're also getting the CHDO funds released, as well,
once our group has been certified.
Commissioner Plummer: In other words - Marvin, you can't do one without the
other, OK? You've got to have some assurances...
N,r. Dunn: Correct.
Commissioner Plummer: ... that the property is not going to be bought and
remain vacant.
Mr. Dunn: Correct.
Mayor Suarez: OK. Moved and seconded. Any discussion? If not, please call
the roll.
249 September 27, 1993
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 93-602
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
THE PREVIOUSLY APPROVED $200,000 IN 19TH YEAR
CCMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDING IN
CONNECTION WITH THE SITE ACQUISITION PHASE OF THE
PROPOSED OASIS HOUSING PROJECT; FURTHER AUTHORIZING
THE CITY MANAGER TO ALLOCATE THE PREVIOUSLY APPROVED
$15,000 IN HOME PROGRAM FUNDING FOR THE PURPOSE OF
DEFRAYING THE COST OF PREDEVELOPMENT ACTIVITIES TO HE
UNDERTAKEN BY THE INSTITUTE FOR INTERVENTIONS, (II),
INC. IN CONNECTION WITH SAID HOUSING PROJECT.
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
Mr. Dunn: Does that include the release of the CHDO monies?
Commissioner Plummer: I'm sorry:
Mr. Dunn: Does that include the release of the CHDO monies, which have
already been...
Commissioner Plummer: I'll leave that up to the higher priced help over here.
Mr. Dunn: All right.
Mr. Hepburn: Yeah, yeah.
Mr. Dunn: Oh, it does. Thank you very much.
Mayor Suarez: OK. Very good.
250 September 27, 1993
-------------------------------------------------------------------------------
44. GRAM REQUEST BY REPRESENTATIVES FROM THE MIAMI 1993 CARIBBEAN AMERICAN
CARNIVAL FOR FEE WAIVERS RELATED TO THEIR CARNIVAL EVERM, SUBJECT TO NO
SELLING OR DISPENSING OF ALCOHOL DURING THE PARADE.
Mayor Suarez: Item 35.
Commissioner Plummer: Mr. Mayor, I will move 35 with one provision at the
Police Department's request - that they cannot sell, nor dispense alcoholic
beverages while the parade is in progress. Based on that, I will move the
rental.
Mayor Suarez: So moved. Seconded by Commissioner Alonso, who did one of
these deals with the pen like that. I understand that to be a second.
Commissioner Alonso: Yes.
Commissioner Plummer: I then have one question, Mr. Mayor.
j Mayor Suarez: Any discussion?
i
Commissioner Plummer: Yes, sir.
Mayor Suarez: Yes.
Commissioner Plummer: I'm concerned about item 37, which is also shown as a
Caribbean festival. Is that you?
Mr. Selman Lewis: No, that has nothing to do with us, Commissioner.
Commissioner Plummer: Nothing to do with you?
Mr. Lewis: No.
Commissioner Plummer: And it's not one on the same date?
Mr. Lewis: No, fortunately not.
Commissioner Plummer: Well, we went through that, remember? Huh?
Mr. Lewis: Commissioner, I'd like to ask a question.
Commissioner Plummer: Yes, sir.
Mr. Lewis: If it is that the Police Department - and since the recommendation
had been made, we've had some discussion with them, and they've asked us to
put some things in place in order for reconsideration.
251 September 27, 1993
Commissioner Plummer: Sir, my note from the Police Department was they're
concerned about alcohol being served or dispensed during the parade.
Mr. Lewis: Yeah, I understand that. And they - I saw the recommendation,
Commissioner.
Commissioner Plummer: You can have all the attitude adjustments you want when
you get into the park.
Mr. Lewis: Right.
Commissioner Plummer: But nothing until then.
Mr. Lewis: What I'm asking you, Commissioner.
Commissioner Plummer: Sir.
Mr. Lewis: I heard what you said. What I'm asking is that if the Police
Department asks us to put certain things in place during the parade in order
to have access to the alcohol during the parade, would...
Commissioner Plummer: Let me rephrase it, sir. I will move the waiver of the
rental with any provisions that the Police Department places upon you. If you
do not comply, the waiver of the rental is null and void.
Mr. Lewis: OK, that's fine, Commissioner.
Mayor Suarez: All right. So moved. Seconded, Commissioner Alonso. Call the
roll.
252 September 27, 1993
'Z
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-603
A RESOLZTTION RELATED TO THE CARIBBEAN AMERICAN
FESTIVAL TO BE CONDUCTED BY THE CARIBBEAN AVIERICAN
FESTIVAL COMMITTEE ON OCTOBER 8-10, 1993; WAIVING ALL
PERMIT FEES AUTHORIZED AS WAIVABLE BY THE CITY CODE;
SAID AUTHORIZATION SUBJECT TO THE ORGANIZERS PAYING
FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND
APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND
OBTAINING ALL NECESSARY PERMITS AND INSURANCE TO
PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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
Comnissioner Plummer: When is it?
Mr. Lewis: In two weeks, and we hope to see you there, Commissioner.
Commissioner Plummer: We all got the invitation?
Mr. Lewis: Yes, sir, definitely.
Commissioner Plummer: I'll break the first cold beer in the park.
253 September 27, 1993
t-
Mr. Lewis: OK.
N
Mayor Suarez: Item 36 - for the benefit of the kids that are in the back, he
doesn't really mean alcoholic beverages. It's a special...
Commissioner Plummer: For the benefit of the kids in the back, I meant just
what I said. I'll break the first cold beer in the park.
Mayor Suarez: It's a special kind of beer that he drinks that has no alcohol.
Commissioner Plummer: I didn't say that, either.
Commissioner Alonso: Rootbeer.
Mayor Suarez: Sir. Rootbeer.
Commissioner Plummer: I didn't say that, either.
Commissioner Alonso: Next item.
------------------------------------------------------------------------------
t' 45. DISCUSS AND REFER TO CITY MANAGER RICHARD E. HESSEY'S CLAIM RELATED TO
HIS MEDICAL INSURANCE COVERAGE PROVIDED THROUGH THE SANITATION EMPLOYEES
ASSOCIATION.
------------------------------------------------------------------------------
Mr. Richard Hessey: Good evening, ladies and gentlemen. My name is Richard
Hessey. I'm a disability retired employee from the City of Miami. I appear
before this...
Commissioner Plummer: Are you the one from Ocala?
Mr. Hessey: Gainesville, right outside of Gainesville.
Commissioner Plummer: Gainesville.
Mr. Hessey: Yes.
Commissioner Plummer: And this is still going on.
Mr. Hessey: Still going on. Got a lot of lip service, but no help. Seems
that what we have is Sanitation retirees are the only ones that can't have
insurance if they live outside of Dade County. Everybody else is entitled to
it, but we're not.
Commissioner Plummer: Well, let's ask the question, which I did before, and
ask it again. Why? Is it a true statement that all others besides Sanitation
can live out of the County and have health insurance as retirees? Is that a
true statement?
Ms. Sue Weller (Assistant City Attorney): I wouldn't limit it to th County,
but basically, yes.
254
September 27, 1993
Commissioner Plummer: It's a true statement. OK. Then why not Sanitation
retirees?
Ms. Weller: All right. The Sanitation employees, as you will remember, had
their own health trust, and then some time ago, at the time when Mr. Hessey, I
think, last time appeared before you, we were in the process of negotiating
with the SEA (Sanitation Employees Association) in bringing them back into the
City's health plan. And in that agreement with the SEA, we agreed that the
active employees and the retirees would be able to go into one of the City's
two HMOs, but not the City's indemnity plan.
Commissioner Dawkins: Wait now. Not into the City's - what last plan?
Ms. Weller: Not into the City's indemnity plan.
Commissioner Dawkins: Indemnity, what does that mean?
Mr. Hessey: It's another insurance policy that they won't let me have.
Commissioner Plummer: Pick your own doctor.
Mr. Hessey: Yeah, pick your own doctor.
Ms. Weller: Basically, yes. So what you have available to the SEA bargaining
unit and the retirees are two HMOs, but not the indemnity plan.
Commissioner Plummer: How can you stand there and say that you're being fair,
and not offer them what you offer everybody else?
Ms. Weller: I'm not saying that it's fair one way or the other. I'm saying
that's what we negotiated.
Commissioner Plummer: Well, I'm saying it's unfair.
Commissioner Dawkins: OK. Let me tell you how it's fair.
Mr. Hessey: When you negotiated that, did you take into con...
Commissioner Dawkins: Let me tell you how it's fair. Let me tell you how
it's fair, J.L. The same thing I said in here this morning. The SEA allows
the Manager to negotiate with the three strongest unions - bargaining
agents...
Commissioner Plummer: And they favor the nation.
Commissioner Dawkins: ... they get what they want, and then SEA has to take
what's left. Now, it's very unfair, in my opinion, J.L, for people like this
gentleman, me, because I had to stay in the college eight years after Nancy
retired, because I was not 65, and the hospitalization insurance I had at the
college, had I retired at 55 years old, would have cost me $800 per month.
They cannot afford this. And by the same token, this gentleman - his family
got...
255 September 27, 1993
Mr. Hessey: Mine would be $500 a month, half of my pension. Can't live on
that.
Commissioner Dawkins: This man has probably got his own private doctor who is
accustomed to his ailments, his wife is comfortable going in there, and now,
you want him to go into an HMO, which he does not know anybody, they don't
know him. It's unfair. So now, what do we have to do...
Mr. Hessey: The thing she's not telling you is the HMOs that they will give
me are not even in North Florida, so I can't use them. There's no insurance.
Commissioner Dawkins: Where about in North Florida?
Mr. Hessey: I'm right outside of Gainesville. I'm about 20 miles outside of
Gainesville.
Commissioner Dawkins: Gainesville? OK, Alatchua.
Mr. Hessey: Alatchua - well, I'm actually in Columbia County.
Commissioner Dawkins: Columbia, OK. So now, what is...
Mr. Hessey: I can't understand how they went into an agreement with the SEA
and took no consideration to the retirees of Sanitation.
Commissioner Dawkins. OK. See, how does this gentleman - how do the rest of
them who reside - because when a man retires, or a woman, they retire to go
where they want to go. So, now, he decided that he wanted to live in North
Florida. So, now, what do you do to provide him with health care services
that, as a retiree, he is entitled to? What do we do?
Ms. Weller: Well, Commissioner, obviously, if the City decides that they want
to spend the money, which it would be extremely expensive...
Commissioner Dawkins: They, who? "They," being wino?
Ms. Weller: The City, want ng to spend the money to bring the retirees in
under the indemnity plan, it would be very expensive. And that was one of the
considerations that we looked at.
Commissioner Dawkins: And you people did not think of that when you
encouraged then to take an early retirement and get out so we can save money.
You didn't think of that.
Mr. Hessey: Seemed to be no problem when the Fire Department's insurance plan
went broke, and they came back into the City. They got the indemnity plan.
Ms. Weller: And that was in 1985, some years ago.
Commissioner Plummer: But, you know, it doesn't...
Mr. Hessey: Fire Department came back in '85?
Commissioner Alonso: How many people are we talking about?
256 September 27, 1993
Commissioner Plummer: How many people?
Ms. Weller: Well...
Mr. Hessey: No, the just recently came back.
Ms. Weller: The number of retirees for SEA? We have,. I know of about 68
people in the SEA retire - that's not the total SEA retirees, but there are
about 68 people, SEA retirees, that live outside of the HMO coverage areas.
Commissioner Plumper: But what about where they don't have the availability
of HMO?
Ms. Weller:
Then they do not have
the insurance
available
to them.
Mayor Suarez:
There is no answer,
Commissioner.
There is
no answer.
Commissioner Plummer: But, Mr. Mayor, that's not fair.
Mayor Suarez: Do you have a solution you want to propose today, or may we go
on to the next item?
Mr. Hessey: I would like to be brought back into the indemnity, just like
everybody else has.
Mayor Suarez: We don't have the SEA contract to negotiate.
Commissioner Plummer: What we're saying is - let me ask this question. If he
lived in Dade County, he would have health insurance. Is that correct?
Ms. Weller: The HMOs - and unfortunately, our group insurance person is not
able to be here, but my understanding is you're looking at - the HMOs cover
Dade County, I believe Broward County, and they cover other major areas, like
around Tampa, but they do not cover, evidently, the area in Gainesville.
Commissioner Plummer: But, in other words, he would have coverage if he
remained in Dade County.
Ms. Weller: Yes, sir.
Commissioner Plummer: At what cost?
Mayor Suarez: OK. Counsel, why don't you give us the options that we have,
assuming that we were inclined to try to solve his problem, and the cost of
each in writing, please.
Ms. Weller: All right.
Mayor Suarez: It's the best that we can do. Do you want to add anything
else?
Mr. Hessey: Yeah. I'd like to set up a meeting, then, with the City Manager,
to work something out on this.
257 September 27, 1993
Mayor Suarez: I would think that you'd have no problem meeting with him.
Commissioner Alonso: Yes.
Mr. Hessey: OK. Thank you.
Mayor Suarez: Whether we are in a position of funding it before the
President's plan gets initiated, if it ever does, and covers you, if it does,
I don't know.
Commissioner Plummer: Lewis, are you in the same boat?
Mr. Hessey: No. He's with me to tell you that there are other people in that
boat.
Mr. Lewis Johnson: Mr. Plummer, my name is Lewis Johnson, and I'm the
President of the Retirees Association.
Commissioner Plummer: So that's your reason for being here.
Mr. Johnson: Yes.
Commissioner Plummer: OK.
Mr. Johnson: There are other people in the same boat, and I - as a
representative of the retirees, I would like to see the retirees treated
equitably and fairly. To that end, I would like to have the Commission
instruct the City Manager to sit down with us. I think we could work out a
solution, but we need to be able to talk.
Commissioner Plummer: How can you do one without the other? I don't
understand it. There should be equity across the board.
Mayor Suarez: Absolutely, they should meet.
Mr. Carlos Smith: We'll get together.
Commissioner Plummer: OK.
Mayor Suarez: All right. Thank you.
Mr. Hessey: Thank you very much.
Mayor Suarez: We hopefully have some suggestions that are affordable to this
Commission and to the City, when required to live in Dade County, take
advantage of the health plan.
258 September 27, 1993
---------------------
46. DISCUSSION CONCERNING PRESENTATION MADE BY REPRESENTATIVES OF DEPARTMENT
OF TRANSPORTATION REGARDING THE LONG RANGE IMPROVEMENT PLAN FOR THE
PAID �IT0 826 EXPRESSWAY.
Mr. Rene de Huelbes: OK. Good evening, Mayor Suarez and Corfadssioners. My
name is Rene de iiuelbes, and I work with the Florida Department of
Transportation, in District 6, which includes Dade and Monroe County. Today,
we would like to make a short presentation of - to inform you about the
department's long-range transportation plans for the Palmetto. That will
include up to the year 2020 and beyond that. The department has hired the
consultant, Post, a.ickley, Schuh and Jernigan to do a multi -model
transportation study of the Palmetto. This study will look at the long-term
requirements of the corridor, and they will study other modes of
transportation, like high occupancy vehicle lanes, and also, the intermodel
connections that the Palmetto is going to have with other modes of
transportation, including the extension of the Metrorail to Northwest 74th
Street, on the other side of the Palmetto. Right now, Mr. .Tack Schnettler,
which is the project manager for the consultant will present you the details
of this project.
Commissioner Plummer: Let me ask you a question.
Mr. de Huelbes: Sure.
Commissioner Plumper: How much money you got in the bank?
Mr. de Huelbes: For this time, the only thing that we have in the bank is the
money for the study. This is a long-range transportation.
Commissioner Plumper: For the what?
Mayor Suarez: Study, for the study.
Mr. de Huelbes: We're talking about long-range transportation. We're talking
the year 2020.
Commissioner Plummer: Yeah, well, let me tell you something, OK? I sat on
the Governor's Tax Reform Commission. When we looked into roads, we found out
in the State of Florida, we were 40 percent behind where we should be. If we
spent $176,000,000,000 (one hundred seventy-six billion) - that's with a "B" -
in the year 2000, we would still only be 40 percent behind. Now, the State of
Florida isn't even allocating a billion dollars a year. You know, these
studies are great, but where is the money coming from to do the work?
Mr. de Huelbes: OK. This master plan is also being done all over the State
of Florida, and we're trying to come out...
Commissioner Plummer: There's no money!
259 September 27, 1993
Mr. de Huelbes: Well, we're trying to come out, first of all, to know how
much money do we need to build this master plan, and then I guess we'll have
to go and present it to the Legislature, and then they will have to come out
with some way of raising the money.
Mayor Suarez: It just happens that it's one of those days, so if you just
quickly go through the report. We know...
Mr. de Huelbes: Yeah, I know. We have been here waiting for a long time, so
we understand.
Commissioner Plummer: They love to do studies. They love studies.
(INAUDIBLE C(kMMM NOT PLACID ON THE RECORD)
Mr. Jack Schnettler: Thank you, Commissioners. As Rene indicated, there's
two courses of action being developed on the Palmetto right now. The first
are design plans which are 60 to 100 percent complete right now, to develop
improvements to the existing Palmetto Expressway. Those include adding a lane
in each direction, and making improvements to the interchange. That work
started in 1985 with a study, and the construction of the first project up at
the north end near 122nd Street will begin later this year. At the same time,
in 1989, as Rene indicated, a new policy came into effect that required the
State Department of Transportation to take a long-range look at various major
corridors in the State. That went to a Florida Intrastate Interstate Highway
Plan in 1989, and 1990, and a policy in 1992, and to the start of this study
in 1993. As he indicated, the time frame we're looking at is the year 2020.
The work that has been - is under design right now is programmed to handle
needs up to about the year 2010, so this is a long-range study that we're
looking at. The purpose is to consider multi -modal alternatives that have not
been stressed in the past, and that is art of the initiative of the new
Federal ITS Act, the Intermodal Transportation Service Act that encourages
multi -modal solutions to our urban transportation needs. We need to comply
with the new State policy. We need to work very closely with the long-range
transportation planning process here in Dade County, and we need to coordinate
it with the roadway improvements that are already underway on the Palmetto
corridor right now. The purpose of this program is to maximize the capacity
of the corridor, to stress multi -modal and inter -modal connections. Multi -
modal means that we would look at other means of transportation service along
the corridor, such as high occupancy vehicle lanes, transit services and other
techniques to improve the person -carrying capacity of the corridor.
Intermodal means that we would look at connections between the Palmetto and
other roadways, such as the 74th Street Extension of the transit, the Dadeland
Station at the south end of the corridor, and the proposed east/west corridor
along 836. We would look at connections between the Palmetto Roadway and the
stations so that people can make a transfer of travel modes and improve their
travel options here in Dade County. We're in the process right now of
beginning to identify the types of alternatives that can be considered in this
corridor long-range. We want to maximize compatibilities of these long-range
alternatives with the existing corridor, so we can make the most use of our
scarce transportation dollars. Once we develop alternatives, we will look at
their effectiveness in terms of travel demands, in terms of their costs, in
terms of their ability to be phased and constructed over a period of time, to
look at the relationship of the existing railroad facility, how well do we
260 September 27, 1993
W
satisfy the mobility objectives for Dade County, and what are the
environmental factors, trade-offs, between the alternatives. As I indicated,
the important aspect of the corridor is to interface with the proposed
improvements here in Dade County, such as the east/west transit line, the
Northwest 74th Street transit extension, the Dadeland transit center, possible
service out at the Kendall corridor, possible improvements along the Don Shula
Expressway, such as high -occupancy vehicle lanes. We want to make sure that
the improvements plan for the Palmetto Expressway interfaces very effectively
with these east/west linkages in Dade County. To do that, we're looking at
several basic alternatives. The top line - top sketch shows the existing
facility with general use lanes. These are lanes that are unrestricted, could
be used by any type of traffic. The second alternative would be in a high -
occupancy vehicle lane that is not separated by a physical barrier. This
would be like the HOV .lanes on I-95 presently. The third alternative is
barrier -separated exclusive or special use lanes. It could be used for high
occupancy vehicles and express buses during peak hours, and these lanes would
be separated by concrete barriers which improves their ability to enforce the
use of those lanes for the appropriate users. In some cases, these special
use lanes may appear at other locations in a crass -section to the outside, and
in some cases, they may be elevated for short sections. Those are the types
of alternatives we're looking at. We're in the process of beginning the
alternatives development right now, and conducting traffic forecasts. In a
couple months, we'll be holding alternatives meetings, workshops for
interested citizens to attend, and provide their input to the process. And
after that, there will be a final workshop early next year to present the
final recommendation.
Commissioner Plummer: When are you going to do something like with Bayshore
Drive?
Mr. Schnettler: Excuse me, sir?
Commissioner Plummer: Mien are you going to do something with like Bayshore
Drive, that I understand is carrying 260 percent of capacity? When are you
going to do something with Dixie Highway, that's carrying 360 percent of
capacity? Palmetto is not in my City.
Mayor Suarez: It's not his job. He is assigned something very specific, and
that's all he can tell you about.
Commissioner Plummer: I'm worried about my City. You're talking about the
Palmetto, that's great. But what are you going to do for my City?
Mayor Suarez: Could you suggest to the DOT (Department of Transportation)
Secretary that he come down here to this Commission and talk to us about our
transportation problems? Could you do that, please?
Mr. Schnettler: We can certainly pass that word along, sir, yes.
Mayor Suarez: Because we have, you know, South Bayshore, among others. He
probably won't want to, after the last letter I sent him.
Commissioner Plummer: Yeah, but you'll be gone.
261 September 27, 1993
v 4y
Mayor Suarez: But, you know, really, I mean, there are real problems that
we're concerned about. This is fine, and it sounds like - what are "smart
cars," by the way? Do you expect to have some guided railway type cars?
Mr. Schnettler: No. What that refers to is this new philosophy of getting
more out of existing facilities...
Mayor Suarez: I see.
Mr. Schnettler: ... and intelligent vehicle highway systems. We would start
off with incident management, and getting accidents cleared as quickly as
possible; vehicle detection, to monitor the...
Mayor Suarez: Have you thought of helicopters to remove accidents after they
happen in some of the ramps going into the interstate highway system?
Mr. Schnettler: Right, in emergency pull-up areas, other techniques like that
to clear blockages.
Mayor Suarez: And taking quick pictures of the automobiles, so that the
insurance companies won't delay all of the reports and all of that...
Mr. Schnettler: .Right. And possibly...
Mayor Suarez: ... so we can clear the intersections.
Mr. Schnettler: Yes, and possibly surveillance systems to spot those problems
more quickly.
Mayor Suarez: Very good. Yes, please implement all of that. How about
readers that can scan the license plates at toll booths so that we don't have
to stop all the automobiles and we could just charge them?
Mr. Schnettler: That kind of system will be put into the new toll plaza
reconstruction out at Tamiami Plaza, and the reconstruction of the Okeechobee
Plaza, and the one down at Homestead are being retrofitted to accommodate that
system.
Mayor Suarez: Please try to do one for right here on 836 coming into
downtown.
Mr. Schnettler: 836.
Mayor Suarez: This is the only limited access highway in the world that, once
you get real close to the promised land is when they stop you to charge you
the 25 cents.
Mr. Schnettler: I should mention to you that there is a similar project
that's just been initiated for the 836 corridor. I'm sure you'll be hearing
from the people on that study very shortly.
Mayor Suarez: Very good. Thank you much.
Mr. Schnettler: Thank you, sir.
262 September 27, 1993
Commissioner Plummer: Wait a minute. Excuse me. Why, in the south corridor,
with the toll booths where you can go through autocratically, why do you have
somebody in each one of the booths? We buy automatic machines to eliminate
labor, and then we go back, and now they have a human being at each one of the
machines. What have you accomplished?
Mr. Schnettler: I don't know. I don't know why it's done.
Commissioner Plummer: Is there anybody hone?
Mr. Schnettler: Sir, I can't answer that specifically. I'm not familiar with
that. I know that - I know what you're talking about.
Mayor Suarez: They're relatives of somebody in government.
Commissioner Plummer: Is that what it is, a "botella"?
Mr. de Huelbes: That is part of the turnpike toll system. We are not
familiar with that.
Commissioner Plummer: Sir, it's not just the turnpike. You got right here on
836...
Mr. Schnettler: On 836.
Commissioner Plummer: ... which belongs to you, OK? You got automatic coin
machines, and you got somebody standing there, defying you to look at them,
OK? I don't understand. Why? What savings was there? You had the people
taking the toll before. Then you went out and bought the machine. Now, the
people are back.
Mr. de Huelbes: Well., there are - there could be several reasons. One of the
reasons...
Mr. Schnettler: ... is that - excuse me.
Mayor Suarez: A lot of his questions are rhetorical. You don't need to
answer them.
Mr. de Huelbes: Well, you know, I like to give him a logical reason what I
think it it.
Mayor Suarez: Oh, no, don't do that. That doesn't work.
Mr. de Huelbes: No. That will get me into more trouble.
Mayor Suarez: We've got so many items.
Mr. de Huelbes: Oh, OK, fine.
Commissioner Plummer: Send me a letter, would you, please.
Mayor Suarez: That's what I was going to say. Please put it in writing.
263 September 27, 1993
Mr. de Huelbes: OK, will do.
Mayor Suarez: Thank you very much.
Mr, de Huelbes: Thank you.
------------------------------------------------------------------------------
47. INSTRUCT CITY MANAGER TO INITIATE A ZONING STUDY OF THE
VIZCATRAN PROPERTY (AREA ACROSS FROM VIZCAYA METRORAIL
STATION) IN ORDER TO REVIEW THE FEASIBILITY OF DOWN -ZONING
SAID PROPERTY.
------------------------------------------------------------------------------
Mayor Suarez: Item 39.
Mr. Carlos Smith: Thirty-nine is withdrawn.
Mayor Suarez: Are they here?
Ms. Matty Hirai: It's been withdrawn, Mr. Mayor.
Mayor Suarez: Withdrawn. Item 40. John Fletcher, can we withdraw him?
Mr. Smith: Mr. Mayor. Mr. Mayor.
Mayor Suarez: Yes.
Mr. Smith: I would like to put on the record that I was handed a letter that
Joseph Portuondo addressed to the City Manager.
Mayor Suarez: What does it say?
Mr. Smith: Mr. Portuonda is a - represents Vizcatran. This says:
"As you know, our friend represents Vizcatran in the subject
matter. I understand that Vizcatran may be placed on the agenda
for the Commission meeting scheduled to take place on Monday,
September 27, 1993. I cannot attend the September 27th meeting,
because of a previous commitment outside of Miami., and I would
very much appreciate it if you could defer the matter to a later
date. I have been involved in this matter for more than five
years now, and I would be very grateful for the courtesy of
rescheduling the matter to another date when I can attend.
Needless -to say, it is very important to my relationship with my
client that I personally attend any meetings involving this
matter."
Mayor Suarez: What's the date on the letter?
Mr. Smith: September 21st.
Mayor Suarez: The 21st?
264 September 27, 1993
Mr. Smith: 21st•
Commissioner Plummer: Six days ago.
Mayor Suarez: Yeah. In fact, this meeting would have been held on that date.
Mr. Smith: This is a fax that was handed to me today. The fax, itself, is
dated 9/24.
Mayor Suarez: The meeting would have been held on that day.
Commissioner Plummer: This is on for discussion. It's not on for...
Mayor Suarez: I don't see that there's much we can do about that, but we'll
see if anything that is decided here in any way substantively affects the
rights of his clients, then we have to be a little more careful, but let's
see. Mr. Fletcher, where are we going on this?
Mr. John Fletcher: Yeah, if I may. John Fletcher. My address is 7600 Red
Road. I filed a lobbying form...
Mayor Suarez: Just for clarification, are Mr. Portuondo's clients here?
(NO RESPONSE)
Mr. Fletcher: OK. What we're requesting - I'm representing, first of all,
the Miami Roads Association and the Vizcaya Roads Association. And what we're
trying to do is turn around an event that occurred a number of years ago,
which was the zoning to R-4 of a particular piece of property, and I've given
you the map that shows the property on it. All we want to do right now is ask
you to direct your staff to hold a planning study to see whether or not this
property I'm dealing - that we're dealing with here today should be dorm -zoned
to another category - we're hoping to duplex. There will be no substantive
action taken today that would prejudice anybody. It would simply be a study.
There will be hearings in the neighborhood. I have spoken to Mr. McManus of
the Planning Department of your City, and he has graciously said that they
could probably have a study back here within 45 days, and that they were not
opposed - the staff was not opposed to such a study.
Commissioner Plummer: Mr. Mayor, I move that we instigate the study
immediately.
Mayor Suarez: I deem that motion to be that we institute the study
immediately, and - I've been picking bones with him about that word. So
moved. Do we have a second?
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
265 September 27, 1993
0
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-604
A MOTION INSTRUCTING THE CITY MANAGER TO
IMMEDIATELY INITIATE A ZONING STUDY OF THE
VIZCATRAN PROPERTY GENERALLY .LOCATED ACROSS
FROM THE VIZCAYA METRORAIL STATION AT
APPROXIMATELY 168-200 S.W. 32 ROAD, 3200-3202
S.W. 1 AVENUE, 1100-1139 S.W. 22 TERRACE
(TRACT A, VIZCATRAN GARDEN SUBDIVISION) IN
ORDER TO DETERMINE THE FEASIBILITY OF DOWN -
ZONING SAID PROPERTY.
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.
COK4RM MADE DURING ROLL CALL:
Vice Mayor De Yurre: Before I answer, are we saying that we take a piece of
property that may have been purchased with one concept in mind, because of
what it was zoned at, and that all of a sudden, an individual that makes an
investment could see that their property all of a sudden becomes worthless?
Commissioner Plummer: No.
Vice Mayor De Yurre: What are we saying?
Commissioner Plummer: What we're doing is, we're taking a piece of property
that was formerly single-family residents or duplexes - one of the two.
Mr. Fletcher: Duplex.
Commissioner Plummer: We close the streets and everything with the premise
that told us that, in fact, it was going to be, with the Metrorail Station
266 September 27, 1993
there, used by young yuppies, who would be, .in fact, working in the downtown
area. They came in, the next thing you know, with an 11-story building. What
we're saying is that since nothing has materialized, nor the promises made
were kept, that the study should be looked at to see whether or not it should
revert back to what it was prior to the promises being made.
Commissioner Dawkins: This is a study only.
Commissioner Plummer: That is correct, sir.
Commissioner Dawkins: This is not saying that this is what you're going to
do.
Commissioner Plummer: No, sir. This is a study. I couldn't have been
clearer.
Commissioner Alonso: My understanding is that the funding for the program
that they felt they were going to build is no longer available.
Mr. Fletcher: I'm not familiar...
Commissioner Alonso: Is that correct?
Mr. Fletcher: I'm sorry, I'm not familiar with their funding situation.
1
Commissioner Plummer: Well, there's a number of projects that were proposed.
Commissioner Alonso: No, no. I mean the final project, the one of affordable
housing, or low-income housing, is no longer - is...
Mayor Suarez: OK. Mr. Fabregas, you want to say anything on that?
(INAUDIBLE COMMU)
Commissioner Alonso: The money is not there anymore, so if they do something,
it will have to be something different.
Mr. Sergio Rodriguez (Assistant City Manager): May I say something?
Mayor Suarez: Yes, by all means. If that's appropriate for us to ask him or
not, please tell us.
Commissioner Pluner: It's just - we're doing a study. Of course.
Mr. Rodriguez: The study will be done on the basis of its own merits. It has
nothing to do with the funding of any project.
Commissioner Dawkins: Wait, wait a minute.
Mr. Rodriguez: And you will have to make a decision based on that criteria.
Commissioner Alonso: Yeah.
Commissioner Dawkins: Yeah, but wait a minute. But the funding - you said it
will be done on the basis of what?
267 September 27, 1993
Mr. Rodriguez: Of its own merits, of the changes that have been occurring
there or not.
Commissioner Dawkins: No, no. It will not...
Mr. Rodriguez: Not on the basis of whether there is money for a project,
because we are not - we don't want to prejudice your actions in that
particular situation.
Commissioner Alonso: Yeah. Two different things.
Mr. Rodriguez: You understand that.
Commissioner Alonso: Yes.
Commissioner Dawkins: But by the same token, you also have to take into
consideration that it was asked by Commissioner De Yurre, if an individual has
been granted the right to utilize a piece of property by this Commission, and
then this Commission decides that they cannot use it, who do they sue?
Mr. Rodriguez: They can sue anybody, but...
Commissioner Dawkins: Why?
Mr. Rodriguez: Well, because anybody can sue anybody. But the criteria is,
if you follow...
Mayor Suarez: They can. What he meant - he thought you said they can't.
They can, yes. They can sue anybody.
Mr. Rodriguez: Yes, they can sue anybody.
Mayor Suarez: That takes $125 in Dade County Circuit Court.
Mr. Rodriguez: But the criteria, if you, Commissioners, in making your
decision, follow the appropriate criteria, and make the appropriate findings,
you can down -zone or up -zone any piece of property.
Commissioner Plummer: At any time.
Mr. Rodriguez: Any time.
Commissioner Dawkins: That's not fair. That's not right. Because I've been
here 12 years, and there's some I wanted to downgrade, and there's some I
wanted to upgrade, and I was not successful. So now, how are you going to
tell me I can do it any time?
Mr. Rodriguez: Well, if you can get the three votes.
Commissioner Dawkins: Oh, that's different. OK.
Commissioner Plummer: You can discuss it. It doesn't mean it's going to
happen.
Mr. Rodriguez: That's what I mean.
Mayor Suarez: All right. For the Planning study, we have a motion and a
second. Any further discussion? If not...
Ms. Matty Hirai (City Clerk): Excuse me. Mr. Vice Mayor, I need your vote.
Commissioner Plummer: Sir, there's a gentleman there that wishes to speak.
Commissioner Dawkins: Well, wait. Let's hear...
Mayor Suarez: I'm sorry. You wanted to hear from Mr. Fabregas.
Mr. Jose Fabregas: My name is Jose Fabregas, and thank you for the
appearance. All I wanted to clarify is the point that CODEC has no longer
plans to build any type of buildings in that Vizcatran property. We have
taken the funding from the project and moved it, because we're going to lose
$4,000,000 from the State of Florida, and moved it to another location. So
CODEC is no longer an Association with the Vizcatran property at all. I just
want to have that on the record, sir.
(APPLAUSE)
Mayor Suarez: I'm sure your former partners are going to appreciate you
saying that into the record at this appropriate juncture. All right. Very
good
Vice Mayor De Yurre: I vote yes.
Mayor Suarez: I had nothing to do with it. There's something in the Bible
about that.
Commissioner Alonso: Well, that's a fact.
Ms. Hirai: Finishing the roll call. Completing the roll call, Mr. Mayor. We
need your vote.
Mayor Suarez: I'm sorry?
Ms. Hirai: Completing the roll call, your vote.
Mayor Suarez: All right, yes, absolutely.
Mr. Fletcher: Thank you very much.
269 September 27, 1993
------------------------------------------------------------------------------
48. PUBLIC HEARING ON THE CITY OF MIAMI FY'94 BUDGET.
Mayor Suarez: All right. Item 43.
Commissioner Plummer: Forty-one.
Mayor Suarez: Forty-one, rather.
Commissioner Alonso: Forty-one.
Mayor Suarez: Proposed millage rate. Mano, whatever you do - oh, the Roads
folks, as you walk out - yes, please. We love you. We know how organized you
are. We know about that little computer that calls everybody that Wilkins
instituted a few years ago, and all of that, but we need to get to the next
item. Thank you. OK. Mano, as you go through this, do it as quickly as
possible. Don't give us all this...
Mr. Manohar Surana: Yes, sir. Done. Got it. OK. Item 41.
Mayor Suarez: ... you know what, garbage.
Mr. Surana: Discussion of proposed millage rate and...
Mayor Suarez: You're not going to read what's on there.
Mr. Surana: Just for two seconds. I have to.
Mayor Suarez: OK.
Mr. Surana: ... and adopted tentative budget for the City of Miami.. "A,"
percentage increase in millage over rolled back rate. Response: Zero
percent.
Mayor Suarez: I can't believe he's actually reading this stuff like a play,
you know. Question, answer, and all of that. All right. Zero percent is the
proposed increase. OK. Does anyone wish to be heard on the proposed millage
rate of the City of Miami? Let the record reflect no one stepped forward. Go
ahead.
270 September 27, 1993
.--.-------------------..__..-----..------------------------------------------
49. SECOND READING ORDINANCE-: DEFINE AMID DESIGNATE TERRITORIAL LIMITS FOR
CITY OF MIAMI FOR PURPOSE OF TAXATION -- FIX MILEAGE AND LEVY TAXES FOR
FISCAL YEAR OCTOBER 1, 1993 - SEPTEMBER 30, 1994.
------------------------------------------------------------------------------
Mr. Surana: Item 42, adoption of the millage ordinance.
Mayor Suarez: OK. I'll entertain a motion on item 42.
Commissioner Plummer: All right. Now, this is for the millage?
Mr. Manohar Surana: Yes, sir.
Mayor Suarez: For the millage only.
Commissioner Plummer: Not the appropriations.
Mr. Surana: No, sir.
Commissioner Plummer: OK.
Mayor Suarez: So moved by Commissioner Plummer.
Commissioner Plummer: The hell you say.
Commissioner Alonso: The what?
Mayor Suarez: So moved by Commissioner Alonso.
Commissioner Alonso: No way.
Mayor Suarez: Seconded by the - OK, I move it.
Commissioner Dawkins: No, but he seconded.
Commissioner Alonso: What are you moving?
Mayor Suarez: Nobody moved it. We got a second, and no movement.
Commissioner Plummer: Did Dawkins second? Oh.
Mayor Suarez: The proposed millage rate.
Commissioner Alonso: He moved what - the millage?
Commissioner Plummer: The millage.
Mayor Suarez: Moved by Commissioner - by Vice Mayor De Yurre; seconded by
Vice Mayor De Yurre. First time in the history of the City of Miami we have
one person moving and seconding. Moved by the Vice Mayor. Do we have a
second on the item, please?
271 September 27, 1993
_';..,:err. 1
Commissioner Plummer: For the millage, I second it, yes.
Mayor Suarez: Thank you. Thank you.
Commissioner Alonso: For the millage, we have no problem.
Mayor Suarez: Thank you. Read the ordinance, please.
Commissioner Plummer: That's the last time I'm going to move anything
tonight.
Mayor Suarez: Call the roll, please, by all means.
AN ORDINANCE -
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL
LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF
TAXATION; FIXING THE MILEAGE AND LEVYING TAXES IN THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1993 AND ENDING SEPTEMBER 30, 1994;
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 7,
1993, was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor De Yurre, seconded by Commissioner Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11089.
The City Attorney read the ordinance into the public record and its
entirety and announced that copies were available to the members of the City
Commission and to the public.
272 September 27, 1993
------------------------------------------------------------------------------
50. SECOND READING ORDINANCE: MAKE APPROPRIATIONS FOR CITY OF MIAMI FOR
FISCAL YEAR ENDING SEPMIBER 30, 1994.
----------------------------------------------------------------------------------
Mayor Suarez: Item 43, moved by Commissioner Plummer, seconded by
Commissioner Dawkins. Read the ordinance right quickly.
Commissioner Plummer: That's fine. Territorial .limits, no problem.
Mayor Suarez: No. I was thinking of the appropriations ordinance.
Commissioner Plummer: No problem.
Mayor Suarez: No. We're seriously on 43 - we are on 43.
i
A. Quinn Jones, III, Esq. (City Attorney): Forty-three.
Commissioner Plummer: We're on 42.
Mr. Jones: Forty-three.
Mayor Suarez: Just to define the territorial limits, we need a whole
I� ordinance again?
I Mr. Jones: No, 43 is different. That's the appropriations.
Commissioner Plummer: We're on 42.
Mayor Suarez: I know that. But he's saying that we're on 42. I thought we
just did that.
Mr. Jones: We just finished 42.
Mayor Suarez: Thank you.
Commissioner Plummer: When did you do 41?
Mayor Suarez: Why don't you guys get in agreement there.
Mr. Jones: Forty-one was the discussion.
Mayor Suarez: Forty-one was is just the discussion and all that.
Manohar Surana: The next item is 43.
Mayor Suarez: Forty-three.
Commissioner Plummer: OK.
Mayor Suarez: Commissioner Plummer, do you move it or not?
273 September 27, 1993
Commissioner Plummer: Negative.
Mayor Suarez: All right. What do we need to hear, Commissioners? Do you
want to inquire or if not! I'm going to...
Commissioner Plummer: Mr. Mayor, I propose that all budgets be cut by six
percent, be held in escrow by the Administration and...
Mayor Suarez: Across the board.
Commissioner Plummer: Across the board, yes, sir. And any monies wanted by
any department must come here and justify their requests for those monies. We
are not penalizing any department...
Mayor Suarez: No, you don't mean what you just said. You don't mean any
monies wanted by any department on any issue, because then, this Commission
wouldn't be able to function. They would have to come here with, you know, a
whole list of items every time they want to take any action on anything.
Commissioner Plummer: To justify the reason.
Mayor Suarez: You mean of the six percent.
Commissioner Plummer: of the six percent is correct, sir.
Mayor Suarez: OK. Now, do you want that six percent - and Mr. City Attorney,
help me on this, because maybe - no? No help? It cannot be helped.
A. Quinn Jones, III, Esq. (City Attorney): The only alternative you have,
pursuant to State Statute, is to adopt the tentative budget. There's no other
provision that would legally be sound. So either you pass...
Mayor Suarez: Can we just slash six percent of every department's budget
across the board and...
Commissioner Alonso: Yes, we can, of course.
Commissioner Plummer: Well, wait a minute. That's simple. I move to deny.
I move to deny.
Mayor Suarez: No, no, no. Let's not play games, please. Let's not play
games.
Commissioner Alonso: No, no. But we can reduce the six percent.
Mayor Suarez: What he's saying is the way you stated it cannot be done.
Let's find a way that it can be done.
Commissioner Plummer: Then I say that we tentatively move six percent over
into a reserve fund.
Vice Mayor De Yurre: J.L.
Commissioner Plummer: Yeah.
274 September 27, 1993
Vice Mayor De Yurre: J.L., what we do is we approve the budget, and then you
make another motion...
Dtr. Jones: Yeah.
Commissioner Plummer: No, no, no. We've already approved the millage. I am
not approving the appropriation.
Mr. Jones: All I'm telling you, Commissioner, is that you can't what you
can - you can achieve what you want to do, but first of all, you've got to -
you've got to deal with what your tentative budget is. As a follow-up to
that, you can make a motion...
Commissioner Plummer: I know what the tentative budget is. I got it in front
of me.
Mayor Suarez: He wants to reduce every department's budget by six percent.
Commissioner Plummer: Exactly.
Mayor Suarez: So it's now 94 percent of what we previously - what was
proposed to us.
Commissioner Plummer: In effect, what I'm doing is amending it.
Mr. Carlos Smith: I think what has been said is that...
Mayor Suarez: And he wants to leave that other six percent in a fund...
Commissioner Plummer: Exactly.
Mayor Suarez: ... which can only be spent with approval of this Commission.
Commissioner Plummer: Correct.
Mr. Smith: I think that what's been said is that the budget has to be
approved, and then he can do what he wants to do.
Commissioner Plummer: No!
Mayor Suarez: Well, you can say whatever you want, but I find it, at this
point, absent some further argument, impossible to believe that we cannot
approve 94 percent of the budget of each department, and the other six percent
to be held in a reserve fund.
Mr. Jones: You already have...
Commissioner Plummer: Well, I know what the alternative is.
Mr. Jones: You already have a tentative adopted budget, OK?
Mayor Suarez: OK. But we're now modifying that in second reading. Can we
not do that?
275 September 27, 1993
Commissioner Plummer: That's what we're doing.
Mr. Manohar Surana: Mayor, one second, please.
Commissioner Plummer: Just keep it up. You want the alternative, I'll do it.
Mr. Surana: Please, one second. I will set aside six percent in the reserve
in each department, to not be released until approved by this Commission.
Commissioner Plummer: That's exactly what I'm saying.
Mayor Suarez: That's what he's trying to do with the motion.
Commissioner Alonso: That's exactly what he's saying!
Mayor Suarez: OK. Now, how do we give that legal form? Because I don't want
to trust your statement. I mean, you're an honorable person, but this
Commission wants to do that in a formal manner.
( INAUDIBLE COMMENTS)
Commissioner Plummer: Give me the terminology.
Mr. Surana: OK. The budget is adopted as it is, but six percent from each
department will be set aside and cannot be spent until it canes back to City
Commission.
Commissioner Plummer: That's fine with me. I'll move that.
Commissioner Alonso: Second.
Mayor Suarez: So moved, seconded.
Vice Mayor De Yurre: Then you know what's going to happen.
Commissioner Plummer: Now, excuse me, Victor. Just for the record, when I
say "justify," I mean justify. You're not going to get it automatically, OK?
Department heads are not going to get it. I'm looking for department heads to
cut wherever possible. And as they come up and ask for that additional
monies, they're going to have to prove to me that they have cut to the bone.
Mr. Jones: Commissioner, I - you know, if I might...
Commissioner Plummer: Including the Law Department.
Mr. Jones: As one department director, I have a serious problem with that,
because my budget has already been decreased from what it was last year.
Commissioner Plummer: I'm not cutting your budget. I'm making you justify
it.
Mr. Jones: You know, lawsuits increasing every day, and for me to have to
come and justify, you know, a six percent, that - I mean, to me, that's
276 September 27, 1993
ludicrous. I mean that's - as you always say, Commissioner, that's no way to
run an airline.
Mayor Suarez: All right, but that's your policy opinion, which we appreciate.
Commissioner Plummer: I don't appreciate it.
Mayor Suarez: Now we're trying to figure out if we can do this legally.
Vice Mayor De Yurre: J.L., you know what's going to happen? They're going to
spend 94 percent for the first 11 months and a week, and then they're going to
cane back and say...
Commissioner Plummer: Oh, no, they're not, because about the third month, I'm
going to ask them, and if not, I'm going to transfer the money back into the
general fund and put it into special fund balance. Oh, yeah.
Mayor Suarez: Mano, do you understand what the Commissioners are asking one
another? The way it was stated, it could be understood to be something like a
construction agreement, where there's a retainage of six percent.
Commissioner Plummer: Let than be aware that if they play games, they're
playing with themselves. That's it.
Mayor Suarez: I think the commissioner on my left, after clarification by the
Vice Mayor on my right, is suggesting that what he means is that only 94
percent can be spent as you go along. The other six percent of each month or
each appropriate period must be reserved.
Mr. Surana: We can do that.
Mayor Suarez: You can do that. Absent approval.
Commissioner Plummer: That's it. I'll move it, sir.
Mayor Suarez: Yes, Mr. Gonzalez-Goenaga, we're going to hear from you, and we
might just vote on this and get on with some other things.
Mr. Manuel Gonzalez-Goenaga: Two minutes. Well, this is a fast solution to a
very difficult problem. We are dealing with a proposed budget, and I have
seen and looked very closely to that thick book that took 355 days to this
management to prepare, and it doesn't show the actual from the previous
budget. In other words, you Commissioners are suggesting a six percent
setoff. Then, does that mean that the salaries of all this bureaucracy will
be lowered six percent, or are the services to the ommunity? Because one
thing is the needed services that go down the lower bottom - that's where the
citizen receives - and another difference is this big bureaucracy with very
high salaries, living the nice life, and just sometimes reading the newspaper
all day long. And then while they receive these papers, and from this paper,
I make another memorandum on top, on top, on top. I don't think that's fair_.
I think revamping, a total change should be done, and escalate. The higher
the salaries, the higher the percentage or the discount. And because if you
are going to cut the salaries of people who have lower salaries and are the
ones who really give the services directly, face to face to the community, I
don't think that this is a good way of solving the situation.
277 September 27, 1993
W
Mayor Suarez: All right. Thank you, sir.
Mr. Gonzalez-Goenaga: And remember, to finish, that governments, like trees,
start to decay from the top down. Thank you very much.
Mayor Suarez: I don't know why, that seers to be a reference to me.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: I am lost. I understand the six percent, but is it the
six percent of the total budget; and if so, how do you arrive at six percent
of each department? I'm also alarmed that I do not have enough people in the
parks now to provide structured recreational activities for youth after
school. So now, you're talking about cutting six percent. I'm also alarmed
that we do not have adequate people in AFSCME (American Federation of State,
County and Municipal Employees) to repair the vehicles and what have you. So
you're saying cut six percent. We're cutting six percent, when we're
already...
Commissioner Plummer: That's not what we're saying. That's not what I'm
saying.
Commissioner Dawkins: ...in my opinion - undermanned or under-womanned,
whichever you want to say. So how do we...
Commissioner Plummer: Reserved.
Commissioner Alonso: Reserve and justify.
Commissioner Plummer: Exactly.
Commissioner Dawkins: How do we cut the six percent and monitor that services
either remain where they are with the six percent cut, or expand with the six
percent cut. Somebody explain what we're doing.
Commissioner Plummer: Commissioner Dawkins, please do not use the word that
we are "cutting." They will only be cut the six percent if they cannot
justify the need for the additional funds. There's no penalty implied. If,
in fact, they cannot justify to this Commission, then that six percent money
would be a penalty, and it would be transferred over to, as you well know,
what we refer to as a fund balance for emergency things needed in this City.
It is not a cut unless they cannot justify. How soon they come back before
this Commission and justify is up to them. I fully expect that anyone that
doesn't approach 'this Commission within 90 to 120 days is really not
interested.
Commissioner Dawkins: Thank you.
Mayor Suarez:
Mano,
in - hoping to prevail
on the Manager - I'm
sorry, on
Commissioner
Plummer,
and also anticipating
not only the City
Attorney's
concern about
his own
department, but all the
other departments -
the figure
278 September 27, 1993
that he is suggesting, six percent, is applied to the general operating budget
of the City of Miami works out to be what amount? Talking about $12,000,000?
Mr. Surana: About roughly $12,000,000.
Mayor Suarez: May I...
Commissioner Plummer: You only got two meetings left. Don't do much.
Mayor Suarez: ... respectfully ask my colleague to my left that he make that
motion a more moderate figure that, still, together_ with the $4,000,000 on
reserve might bring us to close to ten, and make it roughly half of the figure
he had proposed, because I just - on the assumption that all of this would
legally and accounting -wise be feasible, which is quite an exercises, as I
gather from the City Attorney and his concern about this, his hesitation - but
on top of that, just administratively, how difficult it's going to be in one
fell swoop to reduce six percent. For example, certain departments don't have
the ability by top management people to reduce any strong percentage, and
parks comes to mind, since Commissioner Dawkins referred to it. We're
actually trying to increase the manpower in that department. But if you, -
for example, let's just take our budgets. If you took any one of our
budgets - let me use mine in particular - and you said, reduce it by six
percent, the easiest place for me is in travel, in certain supplies, and I
don't have to go and cut everybody across the board, as far as salaries. I
think that what you're hoping to accomplish, more fairly and more moderately
can be done by a three percent reduction, and I would ask you to consider
that. I know that you would like six percent, but if you would take three
percent, I think almost any department could save three, from expenses, from a
variety...
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: It still would get us to $10,000,000, which is not a bad figure
to have in reserve.
Commissioner Plummer: I hear what you say, sir.
Commissioner Alonso: It makes sense.
Commissioner Plummer: But I think my problem is that we need a shock
treatment. We got the shock when we got our tax bills, and I think we need a
shock treatment to the Administration. Here again, I am not anticipating
cutting anything out of anybody's budget. It is not a penalty. It is going
to require a justification, and I can't for the life of me - unless somebody
is concerned that they can't justify why they are concerned at this particular
time.
Mayor Suarez: Second concern. on top of the simple budgetary headache that
you're creating for the departments, think of the ability of that a City
Attorney, and that Assistant City Manager to tell us that we can continue the
negotiations with our union. They're obviously more concerned with salaries
and benefits than they are with equipment and some other things, but I think
it almost makes it impossible...
279 September 27, 1993
Commissioner Plummer: All right, you want three percent? I can count noses,
OK? I can see there's not three votes for six percent.
Commissioner Dawkins: There's two, there's two. I don't know about three.
Where's the little guy? "Oye."
Commissioner Alonso: I can see the Mayor's point. 'Three percent, probably
they can save.
Commissioner Dawkins: He said three and he'll smile; six, he can't smile.
Commissioner Alonso: Six might be that they will look for ways to justify the
expenses.
Commissioner Plummer: All right. Reduce it to three.
Mayor Suarez: And then you night just have an agenda that has 300 items. I
mean, I ...
Commissioner Plummer: Well, three percent, they might not even be able to
justify.
Mayor Suarez: ... I'm not going to be around to deal with that agenda, but
I'd love to see who's going to be here dealing with an agenda with that many
items.
Commissioner Plummer: I will be.
Commissioner Alonso: Three percent.
Mr. Seth Galinsky: Mr. Mayor, would it be possible for me to speak from the
public?
Mayor Suarez: Sir, I am intrigued. Who are you?
Mr. Galinsky: OK. My name is Seth Galinsky. I am running for City
Commission Group IV. I'm the candidate of the Socialist Workers Party.
Mayor Suarez: Ahh, a candidate for the Commission. Very good.
Mr. Galinsky: And I have an opinion on the budget.
Mayor Suarez: I mean not that particular party affiliation, but the fact that
you otherwise want to share your views with us.
Mr. Galinsky: Right.
Mayor Suarez: Well, we closed the public hearing, but I think, you know, as a
courtesy -to the Commission candidate, what do you want to tell us?
Mr. Galinsky: Well, I believe the budget is of great importance to working
people in the City of Miami. I think that we're heading into the worst
economic crisis that we've seen since the 1930s, since the Great Depression.
It's not going to get better, and it's going to get worse. And I believe that
280 September 27, 1993
the budget that's proposed has very little to do with defending the interests
of working people in the City. We have a budget that's over $200,000,000,
with 44 percent that goes to the Police Department, and virtually nothing that
goes to meet the needs of working people in the City. For example, the
question of homelessness, where it's estimated that we have 10,000 or more
people that are homeless. Mayor Suarez knows about that, because he's made
many proposals to try toget them off the streets, but do nothing to meet
their needs. I think what we need...
Commissioner Plummer.: Sir, sir, sir. You know, I sure hope before you go
into debates that you're better prepared than you are today.
Mr. Galinsky: I believe I'm quite - I'm quite prepared. I think what we need
is...
Commissioner Plummer: Well, let me tell you where you're not. Are you aware,
sir, that the County, which we joined in with and gave $200,000 in the
homeless will be raising with the new tax seven and a half million dollars a
year to address that problem?
Commissioner Dawkins: Why would you correct him? Let him go on. He may be
debating me. Leave him alone.
Mr. Galinsky: I think we need a massive Public Works program, and that the
City should be looking towards that kind of thing to meet the problems that we
face. Florida Power - FPL recently announced massive layoffs. American
Airlines here in Miami has also announced layoffs. I think that given the
crisis that we face, it can no longer be business as usual. I think that this
budget - most people in the city of Miami, most working people looking at what
the City is doing, if they knew what the money was going to and how little is
directed to the needs of most working people, would be appalled. That's what
I wanted to say.
Mayor Suarez: Verb good. Just out of curiosity, is there any nation in the
world whose philosophy you're aligned with, any socialist country?
Mr. Galinsky: Well, we could get into a very long debate.
Mayor Suarez: That you would consider that we ought to imitate here?
Mr. Galinsky: Well, you know, Cuba is a big debate in Miami, and I think, for
example, I'm against the embargo of Cuba.
Mayor Suarez: Oh, I'm sorry. I didn't even think you - I didn't even think -
I didn't even think you - no, that's not even - that's beyond socialism.
That's a whole different thing. All right.
Commissioner Dawkins: But, Mr. Mayor, let me tell him. Let me tell him.
I've been to every country...
Mayor Suarez: I'm sorry I asked.
Commissioner Dawkins: I've been to every country in this world. I've seen
every government there is in this world, and irregardless of what you or
281 September 27, 1993
anybody else says, with all the problems that the good old USA of America has,
we are still better than anything you can offer.
(APPLAUSE)
Mayor Suarez: I'm sorry I asked.
Mr. Galinsky: I believe we have two Americas here. We have an America of the
rich and an America of the worker. It's not one America.
Commissioner Plummer: Poverty sucks.
Mr. Galinsky: For those who own the big businesses, who make most of the
contributions to the political campaigns, they're doing very well.
Mayor Suarez: All right.
Mr. Galinsky: If you go to the factories here, like some of the garment
shops, where we don't even get minimum wage, and where the government does
very little to enforce those laws, where we have increasing homework, well,
you know, you can laugh here, but walk around the factories, and you're going
to get a little different view.
Mayor Suarez: Well, the thing is, the City of Miami budget is...
Mr. Galinsky: People are getting increasingly angry at the economic crisis
that we face.
Mayor Suarez: The City of Miami general operating budget, which is the topic
before us, is 90 percent salaries, and of those, I would guess 80 to 90
percent are, in fact, what you would consider to be rank and file workers. So
here, it just doesn't - those arguments really don't apply all that much.
Mr. Galinsky: Well, I'm certainly for the City workers getting more.
Mayor Suarez: Very good.
Mr. Galinsky: But I'm against, you know, the focus - the kind of budget that
puts most of it into police enforcement, and very little into the question of
meeting the real needs that working people face.
Mayor Suarez: Right. That's an interesting theory, but most of the voters of
Miami would disagree with you.
Vice Mayor De Yurre: Mr. Mayor, Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor De Yurre: Can we kind of move on?
Mayor Suarez: Yes.
Vice Mayor De Yurre: Good.
282 September 27, 1993
Mr. Galinsky:
OK. Thank you for your attention.
Mayor Suarez:
Wow! Thank you, sir.
Unidentified
Speaker:
Mr. Mayor, I would like to ask this gentleman a
question.
Mayor Suarez:
No, no,
no.
Unidentified
Speaker:
No? Please, please, quick.
Mayor Suarez:
No, no,
no. We don't ask questions here.
Commissioner
Dawkins:
He's too small. He's too small.
Mayor Suarez:
Thank
you, Mr. McKuen (phonetic), but I have a feeling that
outside, you
can have
a nice discussion with him.
Unidentified
Speaker:
I'll be nice.
Mayor Suarez:
Nicely,
Mr. McKuen.
Commissioner
Plummer:
Offers us a very clear-cut difference of opinion in
candidates.
Mayor Suarez: Nice, friendly discussion that we encourage and always abide
by. Serenity is the golden rule of democracy.
Commissioner Plummer: Mr. Mayor, I modify...
Mayor Suarez: Yes.
Commissioner Plummer: As much as I would hope not to do it, I will modify my
motion to three percent.
Mayor Suarez: Thank you, sir. So moved. Now, are you still making that part
of your motion in favor of the appropriations budget?
Commissioner Plummer: Yes, sir.
Mayor Suarez: All right. With that modification.
Commissioner Plummer: Yes, sir.
Mayor Suarez: Mr. City Attorney, one more time. Is that implementable and
legal, as stated, or as understood?
Mr. Jones: We'll do it.
Commissioner Plummer: What?
Mr. Jones: Let's do it, yeah. Whatever you want. Ha -ha-ha.
Commissioner Plummer: Wait a minute. Can I get an outside opinion?
283 September 27, 1993
Commissioner Alonso: Mano finally has a (unintelligible) This is the way to
go.
Mayor Suarez: Mr. City Manager, can you work with that constraint to try to
put back on the table, and maybe approve some of the union...
Mr. Smith: Yes.
Mayor Suarez: You haven't heard my question - some of the union contracts
that are up for our approval today?
Mr. Smith: Yes.
Mayor Suarez: Which are items 17, 18 and 19; not that we're necessarily going
to approve all of them today. There may be some sticking points in some of
than. All right. Moved and seconded. Any discussion - do we have a second?
Commissioner Plummer: Wait, wait. Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: No, sir, that does not apply to the union contracts;
only as it applies to their department.
Mayor Suarez: No. You made it department -wide, Citywide, and I'm asking with
that...
Commissioner Plummer: Across the board.
Mayor Suarez: ... reduction, will that affect our ability to approve union
contracts? And the answer is yes.
Commissioner Plummer: Oh, no, it would not affect it.
Mayor Suarez: That it would not affect it.
Commissioner Plummer: OK. All right.
Mayor Suarez: We can still do it.
Commissioner Plummer: All right.
Mayor Suarez: OK. Call the roll.
284
September 27, 1993
AN ORDINANCE -
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1994; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
MOTION NO. 93-604.1
A MOTION DIRECTING THE CITY MANAGER TO SET
ASIDE THREE PERCENT (3%) OF EACH CITY OF
MIAMI DEPARTMENT'S TOTAL BUDGET TO BE HELD IN
ESCROW; FURTHER STIPULATING THAT SAID MONIES
SHALL NOT BE APPROPRIATED UNLESS FULLY
JUSTIFIED AND UPON APPROVAL BY THE CITY
COMMISSION.
Passed on its first reading by title at the meeting of September 7,
1993, was taken up for its second and final reading by title and adoption. On
motion of Commissioner 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.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11090.
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.
285 September 27, 1993
--.------------------------------------- - ------ --------------------------------
51. PUBLIC HEARING CONCERNING PROPOSED MILLAGE RATE AND ADOPTED
TENTATIVE BUDGET FOR THE DOWNTOWN DEVELOPMENT AUTHORITY,
Mayor Suarez: Item 44.
Commissioner Plummer: I will move that the millage which is set by State
statute at a half a mill be approved.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Commissioner Plummer: I assume - does that mean we don't vote on 44?
A. Quinn Jones, III, Esq. (City Attorney): Forty-four is just discussion.
------------------------------------------------------------------------------
52. SECOND READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS OF
THE DOMIOWN DEVELOPMENT DISTRICT -- FIX MILLAGE AND LEVY TAXES FOR
FISCAL YEAR OCTOBER 1, 1993 - SEPTEMBER 30, 1994.
Mayor Suarez: Actually, it's 45. He's moving 45. I'm sorry.
Commissioner Plummer: OK. So 45 is what I'm moving.
Mayor Suarez: OK. Does anyone wish to be heard on Item 44? Let the record
reflect no one came forward. Item 45. Call the roll on the item.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes. I'm sorry, I'm sorry. Hold on. Hold the roll call.
Commissioner Plummer: Just for the record, I want it to be understood, where
the City was reduced in its appropriations, and where it was reduced in its
evaluations of appraisals, we, in the Downtown Development Authority, were
reduced 3.7 percent less money this year than what we had last year, and with
the proviso that the Manager, Mr. Schwartz, has bound himself, that he will
not make any appropriations in excess of a thousand dollars without Board
approval.
i
j Mayor Suarez: OK. We have a motion and a second and we've read the
I ordinance. Call the roll.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE BY TITLE ONLY AND THE
CLERK CALLED THE ROLL.)
286 September 27, 1993
Mayor Suarez: Item 46.
Mr. Manuel Gonzalez-Goenaga: Excuse me. Public hearing.
Mayor Suarez: We actually called that before, Mr. Gonzalez-Goenaga. You
missed it, but why don't you go ahead and make your statement. Madam City
Clerk, can we hold the roll call at this point, I guess, before my vote.
Mr. Gonzalez-Goenaga: This looks beautiful, and so smoothly...
Mayor Suarez: Did you already take the entire roll call?
Ms. Matty Hirai (City Clerk): Yes, sir, I did.
Mayor Suarez: All right. Post facto, then. Yes, sir.
Mr. Gonzalez-Goenaga: This looks beautiful and very smooth. Now, let's go to
reality. What will happen if we continue losing millions of dollar in
lawsuits? How will you manage to balance the budget; by borrowing, or by
cutting expenses? Could I - could somebody answer me this question?
Mayor Suarez: Proceed. Complete your statement. You have two minutes.
Mr. Gonzalez-Goenaga: No, no, no. I'm just asking a question, because, look,
you must realize...
Mayor Suarez: I just want to warn you that if you ask a question and there's
no answer forthcoming, because we simply are not interested in your questions,
then your time is...
Mr. Gonzalez-Goenaga: Well, but those questions...
Mayor Suarez: ... your time is being used up. I'm just telling you
procedurally what's going to happen, OK?
Mr. Gonzalez-Goenaga: Well, OK. Then the situation, my citizens, is that
this is all a theater. This is half true, and we are not - we are just
dealing with a house of cards by people who spend 365 days of the year making
numbers, and they never come exactly the same way. One thing is the budget,
and another thing is a reality. Let's have accountability on a month -to -month
basis to see how is the budget issue is functioning, and I suggest that we
establish some kind of Inspector Clousseau (phonetic) to supervise all this
bureaucracy, and to make sure that the expenses are accountable for, because
after all, they don't give a damn. We - each one of you are the ones who
sustain all this bureaucracy. Thank you very much.
Commissioner Plummer: Why would we have an Inspector II when the County is
having an Inspector General.
Mr. Gonzalez-Goenaga: I asked for an Inspector Clousseau.
Commissioner Plummer: Oh, oh.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor.
287 September 27, 1993
}
L'
Mayor Suarez: Every once in a while, he can actually strike a chord. Yes.
Mr. Jones: Mr. Mayor, I need to continue reading...
Mayor Suarez: I'm sorry?
Mr. Jones: It has to be read in its entirety.
Mayor Suarez: I didn't - I knew that I interrupted something. I thought it
was the roll call.
(THE CITY ATTORNEY CONTINUES READING OF THE ORDINANCE.)
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE, WITH ATTAC.HNENT(S) , RELATED TO TAXATION,
DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE
D0%W11OWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI,
FLORIDA; FIXING THE MILEAGE AND LEVYING TAXES IN SAID
DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1993 AND ENDING SEPTEMBER 30,
1994, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF THE
NONFAT ASSESSED VALUE OF ALL REAL AND PERSONAL
PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILEAGE
AND THE TAXES LEVIED HEREIN SHALL BE IN ADDITION TO
THE FIXING OF THE MILEAGE AND THE LEVYING OF TAXES
WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI AS
REFLECTED IN THE CITY'S MILEAGE -LEVY ORDINANCE FOR THE
AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY
CHARTER SECTION 27; PROVIDING THAT THE FIXING OF THE
MILEAGE AND LEVYING OF TAXES HEREIN SHALL BE IN
ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS
ORDINANCE SHALL DR)T BE DEEMED AS REPEALING OR AMENDING
ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES
BUP SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION
THERETO; CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
288 September 27, 1993
r
Passed on its first reading by title at the meeting of September 7,
1993, was taken up for its second and final reading by title and adoption. On
motion of Commissioner 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 A].onso
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. 11091.
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.
------------------------------------------------------------------------------
53. SECOND READING ORDINANCE: MAKE APPROPRIATIONS FOR DOWNTOWN DEVEtAPMENT
AUTHORITY FOR FISCAL YEAR OCTOBER 1, 1993 - SEPTEMBER 1994.
------------------------------------------------------------------------------
Mayor Suarez: Item 46.
Commissioner Plummer: Mr. Mayor, let me ask you - that was 46, wasn't it?
Mayor Suarez: That was 46. All right. We have Planning and Zoning left, and
also the union contacts.
Commissioner Plummer: Mr. Mayor, excuse me.
Mr. Matthew Schwartz: That was 45.
Mayor Suarez: No, I made a mistake. We're finished then.
Commissioner Plummer: Are we not taking up the Sports Authority budget again,
Mr. Mano?
Mayor Suarez: Don't ask for anything that's not on the agenda, please,
brother Commissioner. We've got...
Commissioner Plummer: Mr. Mayor, I've got a very bad scenario that's taking
place between the Convention Bureau and the Sports Authority, and I was
planning on bringing it up, because it involves money during the budget. I
will schedule it for the next meeting.
289 September 27, 1993
mayor Suarez: 1 just said item 46, and I was told that that was what we just
voted.
Commissioner Plummier: I thought it was.
Mr. Schwartz: That was 45.
Mayor Suarez: I'll entertain a motion on 46. Moved, seconded by Commissioner
Plummer who's shaking his head. That means second. Read the ordinance.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.)
Mayor Suarez: Call the roll.
Commissioner Dawkins: Who's the chairperson of this board?
Commissioner Plummer: Which board?
Commissioner Dawkins: The Downtown Development Authority.
Commissioner Plummer: Whoever you choose by three votes.
Commissioner Dawkins: Whom did we choose?
Mayor Suarez: The bearded wonder.
290
Commissioner Dawkins: Thank you. Call the roll.
AN ORDINANCCE -
AN ORDINANCE MAKING APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT
DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR
THE DM TOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI-, FLORIDA,
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993, AND ENDING
SEPTEMBER 30, 1994; AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
DOWNICUN DEVELOPMENT AUTHORITY TO INVITE OR ADVERTISE REQUIRED
BIDS; PROVIDING FOR BUDGETARY FLEXIBILITY; PROVIDING THAT THIS
ORDINANCE BE DEEMED SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE
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
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of September 7,
1993, was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor De Yurre, 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. 11092.
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.
------------------------------------------------------------------------------
54. AUTHORIZE COLLECTIVE BARGAINING AGREEMENT WITH THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL
587 (OCTOBER 1, 1993 - SEPTEMBER 30, 1995). (See label 26)
-----------------------------•-------------------------------------------------
Mayor Suarez: Let's go through the contracts, since I think that all these
people have been waiting from the morning. The biggest sticking points were
Commissioner Dawkins' concerns about the wording in the firefighters contract.
Commissioner Dawkins: I cannot vote for the contract as long as it has the
eighteen -eight instead of twelve point four. I could vote for the contract -
and I've been told by the representatives of the organization that they will
not vote for a contract that does not have it. So with me, when you get to
something like that, it's an impasse. So I would have no problems with
submitting eighteeen-eight to arbitration, and whatever arbitration comes back
291 September 27, 1993
about eighteen -eight and twelve point four, I would accept it, but I don't
think the union would accept that. So other than that, I would just be one
vote against that one portion, part of the contract.
Commissioner Plummer: My understanding was...
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, just...
Commissioner Plummer: ...to deny it. That's what I had the problem with.
Mr. Jones: Commissioner, just for the record, let me just state for the
record that the case law makes it incumbent upon a public employer to
implement a ratified collective bargaining agreement, such as the ones you
have here. With respect to wages, hours or terms of conditions of employment,
in spite of the fact that there may be an implementation of a provision that
may conflict with applicable Civil Service rules. So I want you to be aware
of that. The case law is such that you can have a negotiated -- and I
understand what you're saying perfectly well, but I want you to understand
what the state of the law is in saying that you can have a negotiated
provision within a labor agreement that may - that may conflict with Civil
Service rules. And, of course, that provision that's been negotiated will
supersede.
Mayor Suarez: But what he's saying is he prefers the wording of the Civil
Service rule. He knows he can't get that today, at least, so with that
exception, he would otherwise vote for the contract.
Commissioner Dawkins: Are you telling me that even though four members of
this Commission decides to vote for the firemen's contract, that I cannot vote
against it?
Mr. Jones: No, I'm not telling you that at all. I'm just telling you what
the state of the law is. That's all I'm saying.
Commissioner Dawkins: Well, that's all I'm saying up here. I'm saying that
I, me, me, Miller Dawkins, I cannot vote for it in its present condition.
That's all I'm saying.
Commissioner Plummer: Excuse me.
Commissioner Dawkins: I did not say that it will not pass.
Mayor Suarez: The City Attorney clarified that if it does pass, it takes
precedence over the existing Civil Service contract.
Commissioner Plummer: Shorty - somewhere, I'm losing something.
Mayor Suarez: All right.
Commissioner Plummer: It was my understanding that those requests that
Commissioner Dawkins had previously made were agreed to. Now, is there some
disagreement still existing?
Mr. Shorty Bryson: No, sir. Shorty Bryson, Miami Firefighters President. We
did clarify those in written form, documented, with my signature on the issues
292 September 27, 1993
that were brought up from your executive session. Since then - and I told
Miller face to face - that we have hung the contract and ratified it. He
wanted u to reduce the certificate for firefighters from a three-year to a
two-year, and leave it in front of Civil Service. Right now...
Commissioner Dawkins: No, no, wait now Shorty. No, no. I said, let's go
according to what the Civil Service rule is now.
Mr. Bryson: Which is - that is the Civil Service rule, Miller.
Commissioner Dawkins: What is it?
Mr. Bryson: It's two years, certified firefighter recommended by the Fire
Chief. The only difference is the Manager is the governing authority over
whether they can be rehired. You have direct control over him.
Commissioner Dawkins: OK.
Mr. Bryson: If you have a problem with somebody bein rehired, fire them.
Fire the Manager, if he goes against your wishes.
Commissioner Dawkins: OK. Just a minute now. Will the lady from over the
Civil Service Board come up and interpret that Civil Service law for me.
Twelve point four. Read an interpretation of what it says.
Ms. Priscilla Thompson: Priscilla Thompson, Executive Secretary, Civil
Service Board, City of Miami. Under Rules 12.4, it does give the Fire Chief
the ability to initially approve the rehiring of a former firefighter.
Commissioner Dawkins: Approve; not rehire.
Ms. Thompson: That's correct.
Commissioner Dawkins: Go ahead.
Ms. Thompson: Initially, if the Fire Chief endorses it, they can make the
request to the Civil Service Board. The Board, in turn, will decide whether
or not the person can be hired. The point about the years, involvement with
the years, the two-year limit was set up by the Board in 1980. The three-year
limit that the Fire Unit was talking about is the actual certification period,
according to State statute. It has nothing to do with the time allowed by
Civil Service.
Commissioner Dawkins: But the Civil Service Rule says that the Fire Chief
makes a recommendation...
Ms. Thompson: ... to the Civil Service Board, and the Civil...
Commissioner Dawkins: ... and the Civil Service Board makes a recommendation
to the Manager. Is that...
Ms. Thompson: No, no.
Commissioner Dawkins: To who?
293 September 27, 1993
Ms. Thompson: The Civil Service Board then decides whether or not the person
shall be approved for reemployment. Then the individual's name is placed on a
reemployment register, and his or her name is certified along with other
names.
Commissioner Dawkins: But this one is saying it has a separate list. See,
that's the only problem I have with it, OK? So thank you. No further
questions. That's all.
Mayor Suarez: OK. On the firefighters' agreement...
Commissioner Plummer: So where are we?
Mayor Suarez: ... understanding that in all - and I think Commissioner
Dawkins has made that clear - that we tried, and as - in all good faith, and
with a great deal of effort to meet and have full agreement, but there's still
some discrepancies there, and his vote is going to be negative, but otherwise
supportive of the contract. Do I have a motion on the firefighters'
agreement? Moved by the Vice Mayor.
Commissioner Plummer: I really don't see a big problem. I'll second it.
Mayor Suarez: Seconded, thirded. Any further discussion? If not, please
call the roll.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-605
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A COLLECTIVE BARGAINING AGREEMENT, IN A FORM
ACCEPTABLE TO 'THE CITY ATTORNEY, BETWEEN THE CITY OF
MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO,
LOCAL 587, FOR THE PERIOD OF OCTOBER 1, 1993 THROUGH
SEPTEMBER 30, 1995.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
294 September 27, 1993
-----------------------------------------------•--------------------------------
55. AUTHORIZE COLLECTIVE BARGAINING AGREEMENT WITH THE MIAMI
GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES, LOCAL 1907, AFL-CIO (OCTOBER 1, 1993 -
SEPTEMBER 30, 1995). (See label 26)
---------------------------------------------------------.---------------------
Mayor Suarez: Now, Charlie, on yours, there's been no questions asked up to
now. May I assume that everyone is in agreement with that and ready to make a
motion on it?
Commissioner Plummer: So moved.
Mayor Suarez: So moved, seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-606
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A COLLECTIVE BARGAINING AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF
MIAMI AMID THE EMPLOYEE ORGANIZATION IMM AS THE MIAMI
GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE,
COUWY, AND MUNICIPAL EMPLOYEES, LOCAL 1907, AFL-CIO,
FOR THE PERIOD OF OCTOBER 1, 1993 THROUGH SEPTEMBER
30, 1995.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
295
September 27, 1993
N
el)
------------------------------------------------------------------------------
56. AUTHORIZE COLLECTIVE BARGAINING AGREEMENT WITH THE FRATERNAL
ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20
(OCTOBER 1, 1993 - SEPTEMBER 30, 1995). (See label 26)
Mayor Suarez: The police one, we have some figures in front of us on the one
item that was a sticking point, which was the take-home program for officers
who live outside of the City. This was intended, as presented to us, to apply
to all police officers that didn't already have cars to take home.
Mr. Al Cotera: That's correct.
Mayor Suarez: Not just patrol.
Mr. Cotera: That's correct.
Mayor Suarez: And do I read the figures correctly to say the total cost of
acquisition by the time the program is completed, which would be by 1996,
would be approximately $10,000,000?
Mr. Frank May: That's correct.
Mayor Suarez: And...
Mr. May: That's the initial acquisition cost. That does not include interest
on the financing.
Mayor Suarez: OK.
Mr. May: And this is for a three-year term.
Commissioner Plummer: I had a $13,000,000 figure you gave me.
Mayor Suarez: Thirteen million, if you include debt service. And you expect
to save how much in operations from this?
Mr. May: I don't expect to save anything, Mayor Suarez.
Mayor Suarez: Anything.
Mr. May: No.
Mayor Suarez: Do you expect to have to pay a lot more?
Mr. May: I expect to lose roughly $566,000 the first year.
Mayor Suarez: In operations?
Mr. May: In aggregate, bottom line.
296 September 27, 1993
Mayor Suarez: In aggregate?
Mr. May: Yes, sir.
Mayor Suarez: Is there a net savings as to - on a per -car basis, at least,
that we expect to have, as far as the ones...
Mr. May: On a per -unit basis, per car; on purely a cash flow basis, there
would be a net savings on a...
Mayor Suarez: The idea being that they would take better care of them, et
cetera.
Mr. May: Yes, sir.
Mayor Suarez: But that compares to a total of how many cars that are now
taken home?
Mr. May: The current number of vehicles taken home at this point is 208.
Commissioner Plummer: How many?
Mr. May: Two -oh -eight.
Mayor Suarez: I guess that includes all the SIS Special Investigations
Section, all the detectives, all the...
Commissioner Plummer: Oh, yeah, yeah.
Mr. May: Yes.
Mayor Suarez: ... all the management personnel?
Mr. May: Yes, sir.
Mr. Al Cotera: I have a short presentation, so that I could...
Mayor Suarez: Mr. Cotera, please.
Mr. Cotera: I'm only going touch on five very important points.
Mayor Suarez: All right, sir.
Mr. Cotera: We do have an overhead projector for the audience. As current
policy by the City Commission, you all propose a 55,000 mile limit on the
police cars. That happened after the Herring (phonetic) incident. As part of
our proposal, we will move that to 70,000 miles. On Page 2 - that, by the
way, is an increase of 27 percent. On Page 2, the life of the vehicles
currently is three years, so you're having to rotate vehicles that much
quicker. Our proposal is to take it to five years. That gives, again,
management a lot more leeway, and that's an increase of 66 percent. Page 3 is
a comparison of vehicle accidents. As you know, and many of you have stated
to me, we have to find a way of reducing vehicle accidents, not only in the
297 September 27, 1993
tangible aspects of what it costs to fix the cars and the down time, but also
the civil liabilities involved. From quoting Commissioner Plummer, it was
$800,000 last year on vehicle accident settlements alone. I took a comparison
of the take-home cars and regular fleet cars. While the take-home cars
encompass 14 percent of the fleet, they were only responsible, or were
responsible for less than one percent of your accidents. All right? So your
cost there dramatically is going to drop, as far as civil litigation is
concerned. Page 4 is maintenance. The Police Department themselves put these
numbers together. They did a comparison of seventy take-home cars, and 70
fleet cars that were chosen randanty for a one-year period of time. Your
maintenance includes your gas, your oil, tires, and all that kind of stuff.
The regular fleet was $146,000. Your take-home fleet was $64,000 for the same
period of time. That's a 56 percent savings in your maintenance cost. OK?
Also shown was that take-home cars average about 8800 miles a year, as opposed
to 14,000 for the regular fleet cars. Lastly, on the repair cost of cars
actually breaking down, or vehicle accidents, again, the same number of cars.
70 take-home cars were compared with 70 fleet cars. For a one-year_ period,
your repair costs on your fleet was $125,868, while at the same time, during
the same period, the 24-hour vehicles was $6,000. That's a 95 percent
difference in what the Police Department actually had to pay GSA (General
Services Administration) to repair vehicles, or to outside vendors to repair
vehicles. Those are tangible numbers that were acquired by the City. Now,
that's only 70 cars. If you take that number out to 700 cars, the normal
maintenance, you'd have a savings of $407,000, based on 700 cars. On your
damage, you'd have $599,000 in savings. So you're looking at a million
dollars in savings there between just your maintenance and your repair cost,
and I'm just comparing one with the, other. On the issue of what intangibles
does the take-home car program have, needless to say, those cars are going to
be in better shape, because whoever's driving them, as you all well know,
takes the right of ownership with them. It's the way that you treat the cars,
and that's just human nature. When you drive the same car every day and
that's your ride home, believe me, you're going to see a difference. OK? As
far as the community aspect is concerned, I want to touch upon that real
quickly. We had the problem with the tourists getting robbed. Some of them
do occur within the City limits. A vast majority, I would think, occur
outside the City limits. Yet, USA Today says tourists are getting killed in
Miami. They don't know the jurisdictional boundaries of Miami. They see
anything within Dade County, and as far as Monticello, Florida, as being in
Miami, as you all know. The actual time of driving to and from wherever they
happen to live is going to be a plus for this City. It's going to be more
police cars on that highway going up and down 95, going east and west on 836,
which is exactly where a lot of these tourists are being followed. You're
going to have a lot of policemen driving to Hialeah with City of Miami cars,
taking the 112, or taking 36th Street, or taking 64th Street, because they're
working out of the North Station; or going down Flagler Street, because
they're working out of the South Station. I've been directed to do business
in a new way. I'm showing you the savings in the numbers, and I'm showing you
what I think to be the intangible pluses to this program. This should not be
a holdup to this contract, this should be a plus. Thank you.
Commissioner Dawkins: Mr. City Manager, how many mechanics do you have now to
maintain the fleet of police cars that we have?
Mr. Carlos Smith: We're getting you the number, Commissioner.
298 September 27, 1993
P
Mr. Ron Williams (Assistant City Manager): The answer is 21, Commissioner.
Commissioner Dawkins: Twenty one. What is the turnaround time on a vehicle
that is in for servicing?
Mr. Williams: Just service should be pretty quick, Commissioner, anywhere
within...
Commissioner Dawkins: No, no, no, Mr. Williams.
Mr. Williams: Anywhere between one hour and 12, on just simple service.
Commissioner Dawkins: Twelve hours. OK? What is the turnaround time on a
major operation, like a brake job, or whatever; what is the turnaround time?
Mr. Williams: That unit should be out within 48 hours.
Commissioner Dawkins: These 21 mechanics are responsible for how many
vehicles now?
Mr. Williams: Right now, the light fleet is approximately 1,000 units,
Commissioner Dawkins.
Commissioner Dawkins: And you're going to purchase how many additional units?
In order for the take-home vehicles...
Mr. Charlie Cox: Commissioner Dawkins, it would be 658 over a three-year
term, phased in at 225, 225, and 208.
Commissioner Dawkins: So we're going to add 225 to what, Mr. Williams?
Mr. Williams: To 1,000.
Commissioner Dawkins: So that's 1,000 - 1200. And 21 mechanics are going to
be able to maintain this fleet.
Mr. Williams: Is that a question? Certainly, there will be warranty
considerations, Commissioner Dawkins.
Commissioner Dawkins: Beg your pardon?
Mr. Williams: There will be - a lot of these units will be warrantied for a
great period of this time, and that will take a lot of pressure off,
obviously.
Commissioner Dawkins: Warrantied for a blowout?
Mr. Williams: No.
Commissioner Dawkins: Warrantied for a brake job?
Mr. Williams: No.
299 September 27, 1993
Commissioner Dawkins: OK. Well then, OK, come on. Don't be ridiculous. OK.
Mr. Charlie Cox, come to the mike, sir.
Mr. Cox: Yes, sir.
Commissioner Plummer: You thought you were going to get off easy.
Commissioner Dawkins: Now, you just signers a contract that - it's a bare -
boned contract. Do you actually believe that the manpower which you have
currently available to you is sufficient for keeping the police cars, all of
the Park and Recreation vehicles, all of the garbage vehicles and all, is 21
mechanics adequate?
Mr. Cox: If you wanted to take the police fleet - that's our best fleet, OK?
Commissioner Dawkins: No. OK, wait now, wait.
Mr. Cox: By all means, because you're looking at cars that we have out there,
and vehicles that we have out there that are now ten, 12, 15 years old, and
those are the ones that are giving the most problems.
Commissioner Dawkins: Charlie, that's not - OK. Now, when you get through
answering what you want to answer...
Mr. Cox: Is 21 mechanics enough to handle the fleet in the City? No, sir.
Commissioner Dawkins: Thank you. OK. Now, Mir. Williams - Mr. City Manager,
you just heard Mr. Al Cotera say what we're going to do for police cars. You
just heard Mr. Cox say that he does not - and I don't only mean him - but the
men with whom he works do not have sufficient manpower to do what's to be
done. What does the City Manager's Office plan to do to provide maintenance
and operation, to be sure that these vehicles are safe, and sound, and ready
for these men to operate?
Mr. Smith: Commissioner, I think Al Cotera has shown to you - that the - the
maintenance charges for take-home cars is one half - a little bit less than
one half of what the regular fleet maintenance is, and also on the repair
charges. So I think - I understand your question, and I'm telling you that I
think we'll have less - the mechanics will have less work with take-home cars.
And I believe what we might have to do is to take a look at whether we really
need to increase our manpower in the shop or not.
Commissioner Dawkins: You heard Mr. - them talk about the police cars, but
you also heard Mr. Cox say that the police cars are not but a fraction of our
problem. Wait, now. No, no, now, don't get ahead of me. So therefore, yes,
you could get a police car in and out. But when they get the police car in
and out, because it has less to do, the other automobiles that Mr. Cox is
concerned about and is responsible for getting in and out, which may take six
to eight hours per vehicle, he does not have the manpower with which to do
that. What are we going to do about it?
Mr. Smith: Commissioner, I believe you have a problem now, in that you're
maintaining...
300 September 27, 1993
Commissioner Dawkins: I do. You're right, I do have a problem.
Mr. Smith: No, you're maintaining - you're maintaining a fleet that - a
regular fleet and a police fleet that according to these numbers...
Commissioner Dawkins: No, wait, no. I am maintaining the total fleet of
vehicles in the City of Miami. I'm not going to let you and the Manager do me
like you do the bargaining agents, OK?
Mr. Smith: Commissioner, the...
Commissioner Dawkins: You talk to Fire, and then you go talk to Police, then
you go talk to GSA, and then you go talk to Sanitation. No. I'm talking
about every vehicle that's driven by an employee in the City of Miami that
must have safe brakes, good tires, a checkup, a tuneup, each one of those,
including what I did not ask Mr. Cox about, pickup trucks and other trucks and
vehicles that need repairs. Now, what are we going...
Mr. Cox: Commissioner Dawkins, I'd like to address that, if I may, sir.
Commissioner Dawkins: You know what? If - no, ain't no "if." When I'm
elected in November, I want the City Manager here answering questions for me.
OK?
Mr. Smith: OK.
Commissioner Dawkins: I don't want nobody else to answer questions for me but
the City Manager.
Mr. Smith: That's fine.
Commissioner Dawkins: OK? The City Manager is the only one I can hold
responsible. See? Now, when I start asking questions, Mr. Williams answers a
part of it, he answers a part, you answer a part, and I don't know where I am.
Mr. Smith: OK. Let me tell you that the 21 mechanics that was mentioned is
for the motor pool, which is just the light equipment. There's another set of
mechanics - I believe the number is 20 - to do the heavy equipment - garage.
Commissioner Dawkins: OK, all right. So what is a pickup truck? It's light
equipment, or heavy equipment?
Mr. Smith: That's considered light equipment.
Commissioner Dawkins: All right. So don't mix apples and oranges. I have no
further questions, Mr. Mayor. Thank you.
Mayor Suarez: Have you got a handle, assuming all of your very optimistic
calculations, of what the net cost to the City would be of this plan, let's
say, first year, second year, third year? Have you tried to crank out those
figures?
Commissioner Plummer: Here, here they are.
301 September 27, 1993
Mr. Cotera: They're all right there, sir.
Mayor Suarez: I thought that was - did that include your savings?
Mr. Cotera: I broke it down with Frank, everything.
Mr. May: We used the same base, Mayor Suarez, so we used the same numbers.
Mayor Suarez: You've accepted his calculations where he took, you know, like
a 14 percent accident rate for one, and one percent for the other, and
applied...
Commissioner Dawkins: Since they're both in agreement, I move to accept the
contract.
Commissioner Plummer: No, no, no. You're asking cost.
Mayor Suarez: Please, please, please, Commissioner, I'm inquiring. Please.
Did you accept his calculation where he says...
Mr. May: There was a survey done by the Police Department which generated
these numbers.
Mayor Suarez: OK.
Mr. May: And we both - all three of us - the Police Department, the union...
Mayor Suarez: Are you saying these figures are net, then, of those savings
that he expects, and less accidents, less maintenance, all of that?
Mr. May: No. What I'm saying is that the information that was used to
generate these numbers...
Mayor Suarez: Right.
Mr. May: ... came from the Police Department, and we all agree on the bases.
Mayor Suarez: All right. Then I'll go back and sort of start over again
here.
Mr. Cotera: Of course. Sir...
Mayor Suarez: I understood his figures to be savings from existing costs,
maintenance, accidents, et cetera.
Mr. May: Yes.
Mayor Suarez: I understood your figures to be what it costs us to acquire and
maintain these automobiles. His figures cannot be deducted from yours to give
us a net figure?
Mr. May: His figures are on a per -unit basis, as a result of the survey which
was conducted on November 6th of 1991.
302 September 27, 1993
Mayor Suarez: Right.
Mr. May: I have taken those numbers, I have inflated them at a specific
percentage - three and a quarter percent. I have brought them to time zero,
to the present, and I have taken that as a base to project the numbers
outward.
Mayor Suarez: In other words, you're saying that all of the savings that he
is projecting, you have accepted those calculations, have already built them
into these figures?
Mr. May: Yes, sir. Yes, sir.
Mayor Suarez: Oh. So there's no further reduction then.
Mr. May: What I have...
Mayor Suarez: We have to look for $10,000,000 to be spent in the next "X"
number of years.
Mr. May: That's correct.
Mayor Suarez: And that's just in acquisition.
Mr. May: That's correct. Acquisition, and in operating cost...
Mayor Suarez: OK. Has anybody given any thought to - I mean, the typical,
present take-home car plan, the police officer, presumably... What
restrictions apply to gasoline and other things, and the amount of mileage you
can put on the car, and nonworking activities?
Mr. May: I don't know if there are any restrictions placed upon mileage of
the vehicle. I think Al could probably answer that better than I. I do know
what the...
Mayor Suarez: Somebody in the Administration knows for sure. Do they not,
Mr. Smith?
Mr. Smith: I'm sorry.
Mayor Suarez: I'm sorry.
Mr. Cotera: Sir, it's right out of the contract. The language...
Mayor Suarez: What is the restrictions, since apparently only the Union
President knows?
Mr. Cotera: No, sir. We're - this is one of those times where the Union and
the Administration are working hand in hand.
Mayor Suarez: No, no. He doesn't know. I've already said that, Al.
Mr. Cotera: Well, no, be - well...
303 September 27, 1993
Mayor Suarez: Now, do you know...
Mr. Coter: The wording of the contract is that it's based - it's portal to
portal unless...
Mayor Suarez: No, no. The present situation for take-home cars by police
officers in the City of Miami., which applies if you have a good driving
record, or are on patrol, and live in the City of Miami. Do they have any
limits to the number of miles they can put on the car?
Mr. Cotera: No.
Mayor Suarez: All right. So his answer was he didn't know. You're saying
no.
Mr. Cotera: There is no limit to the mileage. However...
Mayor Suarez: All right. Is there a limit to the amount of times you can
fill up the car with gas?
Mr. Cotera: No.
Mayor Suarez: OK. Is there a sort of unspoken limit? I mean, if the guy is
coming in and filling the car up a lot, I mean, you realize he's using the car
for purposes way beyond the intended ones, right?
Mr. Cotera: Well, the...
Mayor Suarez: Do you have a situation like that ever? Has anybody ever
abused the system?
Mr. Cotera: I'm not aware of any in three years, sir.
Mayor Suarez: All right, sir.
Commissioner Alonso: Nobody's checking.
Mayor Suarez: So then we're left with the issue of if you can somehow expand
this beyond the City limits to the County, and then Commissioner Alonso asked
before about how many people would be outside of the County. Is there anyone
that lives outside of - that would benefit from this program, if we implement
it - outside of Dade and Broward?
Mr. Cotera: I'm not aware of any.
Mayor Suarez: OK. Is there any intended limitation on taking the car on long
trips?
Mr. Cotera: Sir, the only purpose for the vehicle, to and from work.
Mayor Suarez: To and from work.
Mr. Cotera: To court...
304 September 27, 1993
Mayor Suarez: So if it's not abused, presumably, it would be for those
things, and an occasional off duty or something.
Mr. Cotera: Exactly. It's got to be police related. They have to be going
to court, they have to be going...
Mayor Suarez: That's all in the contract?
Mr. Cotera: Yes. They have to be going to court, or from court; they have to
be going to an authorized off -duty job, or from an authorized off -duty job.
We, as the Union, have told our membership that if you wanted to use the car
to, say, buy a gallon of milk on the way home, to stop at the 7-Eleven over
here on Dixie and 17th as opposed to the one in Kendall...
Mayor Suarez: A reasonable minor deviation of your route home, to buy
necessary supplies type thing.
Mr. Cotera: Exactly.
Mayor Suarez: But obviously, not to travel back and forth to Disney World...
Mr. Cotera: No, sir.
Mayor Suarez: ... or to New York or someplace.
Mr. Cotera: Absolutely not.
Mayor Suarez: So the scenario that was being given before of, you know, West
Palm Beach or something, is at least not anticipated to happen.
Mr. Cotera: I don't expect to see any marked vehicles in Disney World, sir.
Mayor Suarez: What about the unmarked ones?
Mr. Cotera: No, sir. By "marked vehicles," that big, white Caprice, whether
it's striped or unstriped, and with a City tag, it's pretty obvious, as you
well know.
Mayor Suarez: The next thing you're going to ask is for one of those things
where the markings come off. You know, you press the little button and all of
a sudden the marking - we'll know that it's the City of Miami.
Commissioner Dawkins: OK. We got a lot to go here. I move to accept the
police contract.
Mayor Suarez: So moved. Seconded. Any discussion from the Commission? I
guess...
Commissioner Plunmer: Very simply, Mr. Mayor...
Mayor Suarez: ... Commissioner Plummer.
Commissioner Plummer: I'm
not going into
it in any
detail whatsoever. My
statement before, I think
it's the reverse
of what we're
trying to encourage,
305 September 27, 1993
and that is that the employees live in the City, and I think it's detrimental
to that cause.
Mayor Suarez: OK. Any further...
Mr. Cotera: Sir...
Mayor Suarez: Yes, Mr. Cotera.
Mr. Cotera: To address the issue of - let's face it. We've had a basic take-
home car program since 1984. All right? So since 1984, you've been treating
a certain group of police officers differently than another group of police
officers...
Vice Mayor De Yurre: Al, Al, Al.
Mr. Cotera: ... because of where they live.
Vice Mayor De Yurre: Al.
Mr. Cotera: I don't want -- well...
Vice Mayor De Yurre: Al! That's it, guy. Call the roll. Let's go.
Mr. Cotera: I think that the Mayor deserves an answer, though.
Commissioner Dawkins: OK, you're going to lose my vote.
Mr. Cotera: Sir, we've included residency for new hires.
Commissioner Dawkins: You're going to lose. If you answer him, you lose my
vote. All right. OK.
Mayor Suarez: OK. No further discussion? If not, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-607
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INFO A COLLECTIVE BARGAINING AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF
MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE
FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR.
MIAMI LODGE NO. 20, FOR THE PERIOD OF OCTOBER 1, 1993
THROUGH SEPTEMBER 30, 1995.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
306 September 27, 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
NOES: Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: For reasons so stated, I have to vote no.
Mayor Suarez: I join my colleague to the left on this one. I just can't. I
can't create an incentive for people to live outside the City, but - so I vote
no.
CAS MADE AFTER ROLL CALL:
Commissioner Dawkins: I agree with you, Mr. Mayor, but by the same token,
when a group of individuals try to find a solution to the problem, and come
here constantly begging us to help them solve the problem, and you don't - I
mean, it's not their fault. It's over here.
Mayor Suarez: All right.
Commissioner Alonso: Do you recall the day that we said no cars would be
taken out for people who live outside the City of Miami, and vie passed all the
rules and regulations, and then, the City Attorney moved around and approved
4500 to each of the members of his staff; and then, the City Manager moved
around and did exactly the same? That day, we lost that battle.
Mayor Suarez: I fully agree with that. And also, when we instructed the
Manager that all high level...
Commissioner Alonso: So it would be immoral to say yes and no, and no and
yes, and then the money goes there anyway.
Mayor Suarez: ... all discretionary employees being promoted should live in
the City of Miami as they were being promoted, and that was never really
abided by. All right.
Mr. Cotera: Thank you very much.
307 September 27, 1993
5�
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of September, 1993, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 Pan American
Drive, Miami, Florida in regular session.
The meeting was called to order at 7:55 p.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
j
ALSO PRESENT:
Sergio Rodriguez, Assistant City Manager
Miriam Maer, Assistant City Attorney
i Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
ABSENT:
Cesar Odio, City Manager
-------------------------------------------------------------------------------
57. (A) AUTHORIZE MAJOR USE SPECIAL PERMIT FOR A NURSING HOME
AND A PARKING GARAGE FOR MERCY HOSPITAL AT 3663 SOUTH MIAMI
AVENUE, SUBJECT TO CONDITIONS. (Applicant: Mercy hospital)
(B)INSTRUCT PLANNING DEPARTMENT TO CONDUCT A TRAFFIC STUDY
OF THE OUTER PERIMETER AREAS OF BAY HEIGHTS / NATOMA MANORS
AREA (SOUTH BAYSHORE DRIVE, SOUTH MIAMI AVENUE, S.W. 17
AVENUE, AND TIGERTAIL AVENUE WEST OF 17 AVENUE) FOR
POTENTIAL RELIEF OF TRAFFIC CONGESTION IN AND AROUND SAID
AREA.
------------------------------------------------------------------------------
Mayor Suarez: A1.1 right. PZ-1. We have an agreement, I think, on PZ-8. Is
that correct?
Commissioner Plummer: Well, I don't know that you have an agreement.
Mayor Suarez: Well, that's what I was just told. Let me clarify that,
because otherwise, there may be items before PZ-8 that are of equal public
importance, Commissioner.
Commissioner Plummer: The request, Mr. Mayor, is that PZ-8 be heard first.
Mayor Suarez: I understand, but...
Commissioner Plummer: Because that is the majority of the people that are
here.
Mayor Suarez: I don't think PZ-1 through 7 are all internal items, and it
would be very nice if I knew that there was, in fact, an agreement. Who are
the respective counsel on that? The Sister is the attorney? Oh, my Lord!
Sister Elizabeth Worley: I'm not the counsel, but I have the agreement.
Mayor Suarez: I thought I'd never see that. Pro se, as they say, right? Pro
se. She represents herself.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: And you probably know enough Latin to do it.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: For the record, Mr. City - Madam City Attorney, it is
well known that I live in the neighborhood. It is well known that I have not
in any way participated .in any of the meetings up to this point. It should be
known that I am not participating in any financial. settlement that may or may
not occur. Do I vote, or I recluse myself from voting?
Ms. Miriam Maer (Assistant City Attorney): It would be my opinion that,
having made such disclosure, that there would be no legal requirement that you
recuse your post, nor that you abstain from voting.
309 September 27, 1993
Commissioner Plummer: OK. And if such, I would have to file a form to say
why?
Ms. Maer: That would be correct, if you were to...
Commissioner Plummer: All right. Now, I'm finally at the point, can I ask to
see what has been said is the settlement? Does anybody have a copy of what is
the so-called settlement?
Mayor Suarez: Well, I don't even know if it's in writing. I mean, maybe
you're...
Sister Worley: Yes, it is.
Mayor Suarez: ... about to do it orally.
Sister Worley: Could I speak for a moment, please?
Mayor Suarez: Yes, please.
Sister Worley: My name is Sister Elizabeth Ann Worley. I'm Chairperson of
the Board of Trustees at Mercy Hospital. I live at 3665 South Miami Avenue,
which is on the hospital campus, backed up against Bayshore Drive.
Mayor Suarez: Sister, since we have your appearance on the opposing side, and
before we swear everybody in and we go through all of that process that we
require, which would be most unfitting in this case - we fully assume that
you're not going to lie - who is the opposing counsel? Are you representing,
Mr. Poole, the neighborhood?
Mr. Poole: No, sir. The hospital.
Mayor Suarez: OK. Who's representing the neighborhood Associations? Lucia,
you?
Ms. Lucia Dougherty: No, Mr. Saffe is, on behalf of the Bay Heights
Neighborhood Association, and Dr. Ellison.
Commissioner Plummer: Wally is Natoma.
Mayor Suarez: Doctor.
Commissioner Plumper: Vickie is Natoma.
(INAUDIBLE CUOENr)
Mayor Suarez: Mr. Bailey. All right. I don't know, do we have to swear them
in anyhow? Even if - even on the assumption...
Commissioner Plumper: Sure.
Mayor Suarez: All right. Please, all of the people who are going to tell us
about the agreement - hopefully there is an agreement - please stand up for a
moment, and raise your right hand and be sworn in.
310 September 27, 1993
AT THIS POINT THE CITY CLERK ADMINISTERED REQU RED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: Thank you. All right, Sister, I interrupted you. Please
proceed.
Sister Worley: Thank you, and good evening. We come before you with a
project for a nursing home, a 120-bed nursing home, of which a significant
portion will be dedicated to Medicaid beds, a great need in our community.
You've had an opportunity to review the documents. We have gone through the
appropriate processes and have come to you tonight with the approval, the
recommendation of your Planning Advisory Board. The land on Mercy Hospital
campus is appropriately zoned and planned for this particular type of
facility. The State of Florida has recognized the need for a 120-bed nursing
home. It will include 30 sub -acute beds. It will provide a - 57 percent of
the patient days of this home will be dedicated to Medicaid patients. It will
provide a service for the community as a whole, and in particular, for the
nearby neighborhoods, because there is no other facility in this area. It
also adds to the continuum of care that we provide at Mercy, providing the
opportunity for the patient to be followed by their own physician while still
on campus. And I think through negotiations and dialogue with the
neighborhood, that we have recognized the need for that nursing home. We know
that to defer tonight to do other than to approve it is to destroy the
Certificate of Need. As you know, Certificates of Need granted by the State
are few and far between for nursing home beds, and this particular one
requires that we have begun our foundation by November 1 of 1994. There
already has been a delay because of the construction crisis following the
hurricane, and we have no understanding that that will ever occur again. The
State has encouraged us to get going on this, and to get it into the ground
with a foundation begun on November 1st. So we come before you today knowing
that the need of the community - the need, in particular, to provide this
rather high - 57 percent requirement, is probably one of the highest, if not
the highest Medicaid requirement in the City.
Mayor Suarez: May I assume all of this is part of the agreement? Because
Commissioner Plummer asked us, as we all are interested in what are the actual
terms of the agreement, is this not just...
Sister Worley: OK. I would assume that -the issues...
Mayor Suarez: ... your very, very eloquent philosophy of care?
Sister Worley: ... were important, as well as the agreement. OK. To the
point.
Commissioner Plummer: Well, Mr. Mayor, I would hope you would let her finish.
There is another major structure that is proposed that she has not spoken to
yet, and I would hope that she would be speaking to the 113,000 square foot
office building that is being proposed also there.
Mayor Suarez: All right.
Sister Worley: I would like to speak to the other portion of the MUSP (major
use special permit).
311 September 27, 1993
Sister Worley: Along with the nursing home, there are parking requirements.
The second thing that is in our permitting approval request today before you
is a 650 parking garage. The parking garage that is proposed will, instead of
using green space on campus, put a four. -story parking building that has been
passed and - by your particular appropriate boards have reviewed it - that
parking garage will adequately provide for the parking requirerw.nts of the
nursing home. It will replace the parking that will be covered by the
footprint of the nursing home, replace the parking of the parking garage
footprint, and will replace the parking that is occupied by the footprint of
an office building that will be built.. When our building plans - our first
draft of plans - and pardon me if. I don't have the right technical terms -
when the first plans were brought to the appropriate City place for review, it
was approximately Ill or 113,000. Commissioner Plummer says 113. I thought
it was 111,000.
Commissioner Plummer: That's what I understand the permit was.
Sister Worley: OK. The first draft was that, but as we have looked at the
project, we are looking at 80,000 square feet of office space, and we have
continually used that number. That is our intent. Eighty -thousand square
feet of office space would fit the requirements that we now feel, and that is
the design that we are looking at. And I think - I'm hoping that our people
did speak to the appropriate people from the City on Friday to clarify that
point.
Commissioner Plummer: I assume, then, that that would be the maximum that
they could go, if they have reduced it to that for this master plan hearing.
Sister Worley: OK. The parking...
Ms. Dougherty: 113,000 square feet.
Commissioner Plummer: No, no. She's talking 80.
Sister Worley: The parking garage and the nursing home are the two items on
tonight's agenda.
Ms. Dougherty: Application.
Commissioner Plummer: But also, as part and parcel of the problem of the area
is the professional building of roughly what I thought was a hundred and
thirteen.
Mr. Sergio Rodriguez (Assistant City Manager): Right.
Ms. Dougherty: They're permitted.
Commissioner Plummer: Now, is it - did I understand you to say it has been
reduced, or it has not been reduced?
Sister Worley: I said that our intent is to develop 80,000 square feet of
physician office space.
312
September 27, 1993
Commissioner Plummer: Well, in a master plan, Sister, we can imply any
stipulations that we wish and if the Commission, for example, wanted to hold
you to the 80,000, we can do that as part of the accepting of the master plan.
Mr. Rodriguez: What you're doing today is a major use permit.
Commissioner Plummer: Yeah, I understand. We can put anything on that we
want.
Mr. Rodriguez: And even when this is not part of today's application, the
applicant might voluntarily agree to subnii.t a covenant, explaining that
they're willing to reduce the plan to 80,000 square feet, as is mentioned in
the record.
Sister Worley: OK. I stand corrected. It's 85,000 feet.
Commissioner Plummer: The problem is very simple, as far as I'm concerned.
The problem is, whether it's 85,000 square feet, or 113,000, it will, in fact,
generate more traffic. OK.
Sister Worley: And the issue of traffic, Commissioner Plummer, is the issue
for which we're here.
Commissioner Plummer: May I finish, Sister? OK.
Sister Worley: Well, I thought we were in a concern for time, and let me just
get to the meat of the agreement.
Commissioner Plummer: OK.
Sister Worley: The issue of traffic is a concern for all of us, and the
impact that was done addressed the issue of traffic and the concerns of the
neighborhood. We have had extensive dialogue over the past days since our
last appearance at the City Commission, when we spoke of the barricades, and
the impact of the barricades in adjacent neighborhoods; the impact that had on
the traffic on Bayshore coming from downtown, Mercy Hospital, and any other
place. We have had an agreement reached and signed this afternoon, in which
Mercy will make a significant contribution to assist in the security needs of
the neighborhoods during these next coming months. And I would leave that to
the leadership of Natoma Manors, the President of that Association, along with
his membership, and the President of Bay Heights, along with his membership,
have signed that agreement, and I would let them address their response to
that.
Mayor Suarez: OK. Please do that, and state your name for the record as you
do that, so we know, and who you represent, please, Doctor, and anyone else,
Mr. Bailey, Jerry.
Commissioner Plummer: I'd like to see the agreement. That's what I was
asking. Wally, do you have a copy of the agreement?
Dr. Waldo Ellison: Let me read this.
313 September 27, 1993
Commissioner Plummer: Huh?
Dr. Ellison: Let me read this.
Commissioner Plummer: Oh, OK. Go ahead and read it.
Dr. Ellison: I'm Waldo Ellison, President of the Natoma Manors Homeowners'
Association. Usually, I like to speak without a statement, but I have a
statement here to try to be succinct for a change. At the joint meeting of
the Bay Heights and Natoma Manors Homeowners' Association, on Thursday,
September 23, 1.993, 75 percent of the voting members present accepted Mercy
Hospital's proposal to assist with alleviating the traffic problem that
impacts our community. As part of the agreement, Mercy Hospital acknowledges
the decision of the City of Miami and the residents of Bay Heights and Natoma
Manors in establishing street closures and one-way streets to control traffic
within their neighborhood.-,. Mercy Hospital will not oppose the community's
decision to abdicate for these or other traffic plans presently or in the
future. In response to the acceptance of the Mercy Hospital agreement, as
well as of how our commitments will proceed from here with regard to
implementing our plans, we ask the City Commission to please approve the
following: Item number one, to make permanent the one-way direction of Alatka
Street from Tigertail Avenue to South Bayshore Drive, from the current status
of trial period. Number two, to make permanent the one-way direction of
Halisee Street from Micanopy Avenue to South Bayshore Drive, from the current
status of trial period. Item number three, to make permanent the closure of
Halisee Street at U.S. 1 from both ingress and egress to and from Natoma
Manors. Item number four, placing a planter across half of Halisee Street and
Alatka Street at South Bayshore Drive, so as to assist with traffic control,
thereby keeping a portion of the street egressing or leaving Natoma Manors to
South Bayshore open and preventing ingress to Natoma Manor community. Number
five, being that Mercy Hospital has agreed in writing to participate with
controlling the traffic that adversely affects our communities, without
opposing the communities' decision to advocate for items one to four, or other
traffic plans, we ask that the City Commission approve Mercy Hospital's plans
for building a parking garage and a nursing home under the major use special
permit, MUSP, that is before you tonight. In doing so, you will have to
cancel your Commission Agenda package number 16 and 17. The relationship
between Bay Heights and...
Commissioner Plummer: What's 16 and 17?
Dr. Ellison: Sixteen and 17 of the...
Sister Worley: I think they're conditions that have been added to the
document. Those are the conditions...
Dr. Ellison: Those are the conditions...
Commissioner Alonso: Oh, yeah.
Commissioner Plummer: Which conditions?
Mr. Rodriguez: It's OK. It's on the cover memo of Item PZ-8. Conditions
number 16 and 17.
314 September 27, 1993
Commissioner Plummer: Well, refresh my memory.
Dr. Ellison: Let...
Commissioner Plummer: All right, go ahead.
Dr. Ellison: I have one paragraph left, and then you can quiz me all you
like.
Commissioner Plummer: OK. I just want to know what they are.
Dr. Ellison: The relationship between Bay Heights and Natoma Manors has never
been better, and we look forward to years of harmony between the Homeowners'
Associations and Mercy Hospital, once this agreement is endorsed by the City
Commission. I might add that Mercy Hospital, in talking with Sister - you
know, now I know why they call her "Sister." With all the time I've been
spending with her, I feel as though she's one of my sisters. Levity. Mercy
Hospital wants the members of the Natoma Manors and Bay Heights community to
send their names to the hospital so they can be placed on the mailing list, so
in case issues concerning what's going on with the hospital and what medical
services and things of that sort are available, so that the community doesn't
have to feel as though they're alienated, as it was in the past. And it
really is a pleasure to be able for all of us to work together in harmony, and
I, as I say, I hope the City Commission with their wisdom can help us in this
area. I do recognize the fact that when you have a Homeowners' Association,
and especially two of them, you're going to find people who disagree, and that
we expect, and we expect people here tonight to disagree with the plans that
have been formulated, and the cooperation that we have with Mercy Hospital.
Now, I will offer...
Commissioner Plummer: I would ask the Administration to tell me what those
items 16 and 17 refer to.
Mr. Rodriguez: In item PZ-8, we tried to reflect some of the conditions in
your previous hearings on this issue.
Commissioner Plummer: What are they?
Mr. Rodriguez: And number 16 is, upon the effective date of this development
order, provide evidence to the City Manager or his designee that off -duty
police officers have been hired to patrol the Bay Heights and Natoma Manor
communities, as well as direct traffic at the intersection of Platka, Halisee,
and 17th Avenue. The commitment for funding for this project shall not exceed
$1400 per week for the duration of the traffic study described in Paragraph 17
below, not to extend beyond the first City Commission meeting in January of
1994. Assignment as provision of the police officer shall be conducted by the
City Manager or his designee pursuant to community needs. And item number
18...
Commissioner Plummer: Excuse me. Now, you're saying that the people of
Natoma have agreed to drop that?
Dr. Ellison: Correct, based upon the agreement we made with Mercy Hospital
that they are going to provide support for us, leaving it up to both of our
315 September 27, 1993
communities, independently and collectively, to work on plans in order to
provide security with the traffic issue.
Commissioner Plumper: What is 17?
Mr. Rodriguez: 17 reads: Upon notification by the City's Public Works
Department that a consultant has been selected, make arrangements with that
consultant to finance completely a new traffic study of the Bay Heights,
Natoma Manor and Mercy Hospital areas to be completed by January of 1994. The
objective of the study is to determine what options are available to reduce
the commuter traffic flow through Bay Heights and Natoma Manor without
adversely impacting the traffic flaw on South Bayshore Drive.
Commissioner Plummer: OK. I have two questions. Number one, when is Mercy
paying the $290,000?
Dr. Ellison: When?
Commissioner Plumper: Well, that was agreed upon up until yesterday, is what
I was told. Are you telling me now that Mercy will not pay anything at all?
Dr. Ellison: No. Mercy is going to assist with these finances over a period
of time, for a period of 20 months.
Cannissioner Plumper: Is that spelled out in how...
(SHOUTING)
Commissioner Plummer: Excuse me.
Dr. Ellison: That's spelled out.
Camdssioner Plumper: Excuse me. You all can - you can get your bit later.
You've been in the meetings, I haven't. Are you saying it's spelled out in a
document? And where is the document?
Dr. Ellison: It is spelled out in a document that has been looked over by
attorneys and all...
Commissioner Plummer: Where is the document? Who has it? May I see a copy
of it, please? My next question is, I hear what you say about Natoma Manor,
and I think I will say for the record that it adequately protects Natoma Manor
with this exception. What is being done about traffic that is diverting off
of Bayshore through Bay Heights and onto Tigertail to go further south?
Dr. Ellison: The plan that we want...
Commissioner Plummer: Is there anything there that will serve as a diverter,
to keep that traffic from coming through both Bay Heights and Natoma Manor?
Dr. Ellison: What we're planning to do is to have a policeman at the Samana
entrance during rush hour, to go and enforce the local rule. We realize that
this may not hold up in court, but the idea behind this is to give Bay Heights
and Natoma Manors a breathing period of time in order to come up with
additional plans to deal with the traffic situation.
316 September 27, 1993
Commissioner Plummer: OK.
Dr. Ellison: And that is the reason why Mercy Hospital is supporting us in
this, and this is why we have felt that this is the best way to approach this,
under the circumstances.
Commissioner Plummer: One more question. I said to you yesterday that I
would expect to see, and I think my colleagues on the Commission would expect
to see how the $125,000 by Bay Heights and the $125,000 - if that was the
number, whatever the number was, is my statement...
Dr. Ellison: Mm-hmn, yes.
Commissioner Plummer: ...was going to be spent. OK? And I think it is a
reasonable request. For example - and I'll put it to the detriment of Natoma.
Suddenly, whoever the decision -makers are going to be - and I don't know who
They are - I don't see anything so :Ear designating who will be the pay master.
they want to use the whole amount of money for a beautification project.
Dr. Ellison: No. If you take a look at the document, it so stipulates that
the monies can only be used for traffic control.
Commissioner Plummer: OK. Then who is the recipient of the monies, and who
can sign a check to pay the monies out?
Dr. Ellison: Those people designated in the Associations who can sign checks.
That's the President and the Treasurer.
Commissioner Plummer: OK. You are my friend. Does that mean that you, as
President of Natoma, can sign a check?
Dr. Ellison: No, not alone. It takes two signatures.
Commissioner Plummer: Without the approval of the Board, of the so-called
members of the Board?
Dr. Ellison: No, because the Treasurer is part of the Board, and the Board is
part of this.
Commissioner Plummer: I'm saying, does the Board make the decision of how the
money will be spent, or is it solely to the likes of the President and the
Treasurer?
Dr. Ellison: No. It's a total issue with the Board and all.
Commissioner Dawkins: J.L., may I ask you something? I was out. What
$125,000 are you talking about? Because I wasn't in here.
Commissioner Plummer: Mercy has agreed to pay $100,000 to each group
immediately. They will pay an additional $25,000 to each group if a traffic
study is not done.
Commissioner Dawkins: Why?
317 September 27, 1993
}
Commissioner Plummer: For the purposes of the impact created by the expansion
of what Mercy is contemplating on their grounds.
Commissioner Dawkins: That's not extortion?
(APPLAUSE)
Commissioner Plummer: That's not extortion.
Dr. Ellison: I will address the issue of extortion.
Commissioner Dawkins: Beg your pardon?
Dr. Ellison: I will address the issue of extortion.
Commissioner Dawkins: You may. You may. I did not ask you. I asked him.
Commissioner Plummer: Miller, at one time, I was almost ready, because my
neighbors were fighting each other, I was almost ready to say, "Thank you,
Mercy, but no thank you, and let's fight the expansion." There's no
question...
(APPLAUSE)
Commissioner Plummer: I said I was almost there. There's no question that
when you have this increase in the expansion that there's going to be an
increase in the problems. There's no question about it. And I'm not going to
get into my tirade about why Bay Heights is entitled to the same as Natoma,
because we have more of the problem. That's beside the point. My concern
still is the fact that if you don't do something as a deterrent for cars to
come through Bay Heights, to access Natoma, to continue on south, I don't
think we've really accomplished a whole lot.
Commissioner Dawkins: And $120,000 is going to do what to do that?
Commissioner Plummer: OK.
(APPLAUSE)
Commissioner Plummer: Excuse me. To answer your question, the Bay Heights
people, as I understand it, will be hiring a policeman to work the entrance of
Bay Heights four hours in the afternoon, five days a week.
Commissioner Dawkins: OK.
Commissioner Plummer: Natoma will be doing two policemen, I assume...
Dr. Ellison: One or two. It depends. But minimum at Alatka.
Commissioner Plummer: One or two, because we have two streets that are
involved, to enforce, likewise, those hours of 2:00 to 6:00 in the afternoon.
The problem that we're experiencing, even today, with about ten signs up there
saying "one way," people are still coming the other way.
318 September 27, 1993
Commissioner Dawkins: Why is it necessary - and I'm asking the question
because I don't know. I have to ask him because he lives over there. Mercy
Hospital already agreed to provide police manpower/womanpower to do the things
you just told me.
Commissioner Plummer: Excuse me. They just dropped that in item 16. That's
why we're coming back with the agreement. Item 16 was to be dropped by the
Natoma - according to him - item 16 and 17, of which one of those was...
Commissioner Dawkins: Prior to the hundred thousand or after the hundred
thousand?
Commissioner Plummer: No, sir. They dropped it today, item 16, and they will
pay it through this agreement.
Commissioner Dawkins: 'That's how they got the hundred thousand. OK. I'm
finished. I don't know.
Commissioner Plummer: May I ask one other question of whoever is representing
Mercy? The nursing home that is proposed, will it be owned, operated and
managed by Mercy Hospital, or an outside entity?
Sister Worley: We have an outside firm that will finance, build it, and
operate it. Mercy will be a partner in that, and we have the opportunity for
buyout early on in its history. Mercy will be in an Advisory Board capacity,
and its services will be integrated with those of the hospital, to provide a
continuum of care to the patients, so you will not know the difference. That
nursing home will provide an additional 110 jobs to the community. It will
pay taxes, because it is a tax -paying operation, even though it's on leased
not -for -profit land...
Commissioner Plummer: Who is the entity...
Sister Worley: ... but it will provide an economic benefit to the community.
Yes, Commissioner.
Commissioner Plummer: Who is the entity that will be building and operating?
Sister Worley: He is here today and can address that.
Commissioner Plummer: Just the name for the record, please?
Sister Worley: OK. HADC is the name of the organization.
Commissioner Plummer: OK.
Commissioner Dawkins: Commissioner Plummer.
Commissioner_ Plummer: Yes, sir, go ahead. I...
Commissioner Dawkins: OK. Mr.
Commissioner Plummer: Excuse me. I have said again, and I'll say it today.
If the people of Natoma and the people of Bay Heights want this plan, that's
319 September 27, 1993
what I'm voting for, regardless of what my personal feelings are, and I'm not
even going to express my feelings today. OK? That's what I'm voting for.
Commissioner Dawkins: Mr. City Attorney - I mean Mr. City Manager.
Mr. Rodriguez: Sir.
Commissioner Dawkins: Three questions, and I'll be finished. You have three
structures, supposedly, to be built. What are they?
Mr. Rodriguez: The three structures are the parking garage, the nursing home,
and an office building.
Commissioner Dawkins: Why is it we're not discussing all three of them today?
Mr. Rodriguez: Because for the application for the major use permit, they
only are required to include the parking garage and the nursing hone.
Commissioner Dawkins: OK. In your professional estimate, the parking garage
will add approximately how many automobiles a day to the traffic exiting Mercy
Hospital?
Mr. Rodriguez: The parking structure has 650 parking spaces, but they have
reduced - I don't have the answer.
Commissioner Dawkins: How many cars will leave Mercy Hospital per day, and, I
mean, from the parking garage, approximately?
Commissioner Plummer: The parking garage?
Vice Mayor De Yurre: The answer to that has to be zero. How many more?
None.
Commissioner Dawkins: How many will go in and out? All of them will not go
in and stay.
Vice Mayor De Yurre: No. What I'm saying is, the parking garage itself is
not going to draw any additional cars. Now, if you're talking about the
buildings, the office building...
Commissioner Dawkins: OK. Then - well, OK.
Mr. Rodriguez: But obviously, you are limited in the amount of cars that
you're going to have there by the amount of parking that you have.
Commissioner Dawkins: But they will go in and out.
Mr. Rodriguez: Right.
Commissioner Dawkins: They will not go in there and park and stay. So
approximately how many will go in and out?
Mr. Rodriguez: Six hundred and fifty in the parking.
320 September 27, 1993
Commissioner Dawkins: OK, 650.
Commissioner Plummer: Well, no, that's not - no.
Commissioner Dawkins: OK. Wait, J.L., wait, J.L.
Commissioner Plummer: That's how much it holds.
Commissioner Dawkins: Wait, J.L.
Commissioner Plumper: Go ahead, go ahead.
Commissioner Dawkins: OK?
Now, the office building will
add approximately
how many automobiles
a day?
Just off the top of your head,
sir. I don't need
nothing else.
Mr. Rodriguez: All
right.
Let me try to put it exactly.
One second. The
office building will
require
about 300 plus parking spaces.
Commissioner Dawkins:
About
300 cars. So now, that's six
- no, no, not how
many parking spaces.
Approximately how many cars will go in and out?
Mr. Rodriguez: I don't have an answer on that. I'm sorry.
Commissioner Dawkins: OK. All right. So now, I got to go back to 600 cars,
and 300 cars is 900 cars. Approximately how many cars a day will be used by
the nursing home?
Mr. Rodriguez: The amount of parking spaces for the nursing home is 42,
required.
Commissioner Dawkins: How many?
Mr. Rodriguez: Forty-two parking spaces required.
Commissioner Dawkins: Forty-two?
Mr. Rodriguez: Mm-hmm.
Commissioner Dawkins: So now, we're talking about a thousand vehicles added
onto what we already have.
Mr. Rodriguez: Not necessarily.
Commissioner Dawkins: Beg your pardon?
Commissioner Plummer: Excuse me. May I help you, Mr. Dawkins, and tell you
that their required parking - I think this might help you - is 2,067 parking
spaces.
Commissioner Dawkins: For the three...
Commissioner Plummer: For the whole building, for the whole complex.
321 September 27, 1993
raj
Commissioner Dawkins: OK.
Commissioner Plummer: That might help you. And I think that what was
estimated was that you have between six to ten multiplier effect on top of
that.
Commissioner Dawkins: OK. Thanks, J.L. And that's what the $120,000 is
supposed to relieve.
Commissioner Plummer: It's supposed to help. It will not relieve it. May
I - you know, I'm lost here. I thought this, Wally, was going to be a direct
payment. Would you outline in this agreement - this is not what I thought it
was - how these monies will be paid to the different two Associations, because
this is stretched out over 19 months. It's over $50,000, if Bay Heights wants
to put in a guardhouse.
Dr. Ellison: The issue, with the way this was set up, for simplicity, was the
fact that we felt...
Commissioner Plummer: Ha, simplicity. It's very complicated.
Dr. Ellison: ... that each of the communities might approach things from a
different perspective. Bay Heights is basically a walled -in community with
two entrances. Natoma Manors is a community with many entrances and exits.
And therefore, for an issue of simplicity and efficiency, that we would let
each respective Association deal with the issues within their community, so
that they could arrive at decisions, because we have learned over the years
that when we try and get both communities together to work on a project, there
are differences of opinion in each community. The issue of stretching it out
as we did was due to the fact that Mercy Hospital felt that with regard to
financial impact, this way, it would be more comfortable for these, and that it
may be more palatable to their Board of Governors, who deal with monies and
things of that sort. We didn't have any problem with it inasmuch as the money
is coming out to each group per month would cover guards, and that's what
we're looking for.
Commissioner Plummer: Give me an idea of how the money, let's say, to Natoma
Manor would be paid, and what - how? Do you get an initial amount, and then
so many months, so much per month for so many months?
Dr. Ellison: The idea for this whole thing, each group would get $3750 a
month. That would cover a police officer.
Commissioner Plummer: Thirty-seven hundred and fifty, 3,700, and it's costing
you roughly 1400 a day, five days a week, right? OK. Go ahead, go ahead.
Dr. Ellison: I'm going to have San Saffe address the issue as to the money,
but the point - the issue behind this is very simple. It was felt that our
two communities needed a period of time to exceed the three months that you,
J.L., had proposed with regard to police officers, and therefore, was looked
upon that within this period of time, we could come up with ideas and plans,
once we started implementing a program to protect us from the additional
traffic, by having at least one guard, and the planters, and the one-way
streets. As time would go on, we would be able to see how efficient this
322 September 27, 1993
{
program was, and therefore, to decide did we want guardhouses, did we not, and
the options are in the thing for it.
Mayor Suarez: Wait, wait, wait.. Is there any ambiguity on any of that
between the two parties?
Dr. Ellison: No.
Mayor Suarez: All right. Anything further that we need to put on the record,
so we can get on to some other items?
Dr. Ellison: Dan may be able to respond to J.L.'s question about...
Mayor Suarez: No, no, no.
Mr. Daniel Saffe: Yeah, I will. I will.
Mayor Suarez: Never respond to J.L.'s questions unless he insists. Yes.
Mr. Saffe: OK. My name is Daniel Saffe. I'm the President of Bay Heights
Improvement Association, and I'm a resident of Bay Heights. I've been here
before in different issues - as we remember, this very divisive issue in our
community about the barrier - and I'm very happy to cane back today and in a
totally different situation where the three major neighbors of this issue of
traffic in our community are today together.
Mayor Suarez: Could we state the terms of that? We've got other Planning and
Zoning items we have to get to.
Mr. Saffe: Bay Heights Improvement Association, Bay Heights Neighbors, Natoma
Manor Association, Natoma Neighbors, and our corporate neighbor, Mercy
Hospital, we all are one today here, and I hope the Commissioners really
appreciate, and Mr. Mayor appreciates that we are here together to ask you to
allow Mercy Hospital expansion with their Mercy - their nursing home, which is
a real need to the community. We also...
Mayor Suarez: Well agree on that, I think. Can we get to the specifics that
have not been mentioned yet, if any.
Mr. Saffe: OK. Regarding the specifics of numbers, how we intend to spend
that money that our neighbor is so generously giving to us to spend in
security...
Mayor Suarez: We're not concerned about that. If you have an agreement on
how it's going to be distributed to you, unless you have...
Commissioner Plummer: Excuse me, Mr. Mayor. That is one of my concerns, is
what are they going to do in Bay Heights to keep the traffic from going
through Bay Heights into Natoma, and then continuing on further south. I
think that's a very reasonable question to ask.
Mayor Suarez: All right.
Mr. Saffe: Mr. Plummer, if you read the flyer that we left in your home this
Sunday...
323 September 27, 1993
Commissioner Plummer: Sir, I intentionally - no, sir.
Mr. Saffe: ... it's basically there, very specifically clarify your question.
In any case, what is basically we going to do with the money...
Commissioner Plummer: Sir, for your information, I did not. I intentionally
did not read your flyer. OK? I did not want to prejudice my position as a
Commissioner, and so I'm asking on the record, sir, whatever might have been
in that flyer, that you explain to my Commissioners and myself what was going
to be done in Bay Heights to deter that traffic off of Tigertail.
Mr. Saffe: OK.
Mayor Suarez: Don't explain it to the rest of us. If you want it explained
to you, that's...
Commissioner Dawkins: Yeah, go to his office. Mr. Mayor, I was under the
impression that we had an agreement. Now, last time we were here, we had
disagreement. Tonight, they've come with the two groups in complete
agreement. So at least they are in...
Mayor Suarez: So far, I haven't heard any disagreement.
Commissioner Dawkins: I haven't heard any disagreement at all. So I move
whatever the citizens agree to.
Mayor Suarez: All right.
Dr. Ellison: May I also add, you see, one of the things we're considering,
J.L., is lowering the speed limit.
Commissioner Plummer: But you've got people that don't agree.
Commissioner Dawkins: Well, let's hear from the people who don't agree.
Dr. Ellison: J.L., one that we're looking at is lowering the speed limit.
But we have to take one step at a time.
Commissioner Dawkins. Is there anybody out there who doesn't agree with this?
Mayor Suarez: Wait! Wait! Wait! Nobody's asked you anything. All right.
Anything further on the agreement? And then we're going to hear from people
who are dissenters, folks, an then we have to decide. We can't go on and on
about something we agree on.
Mr. Saffe: Mr. Mayor, I would like this agreement be part of the condition of
the MUSP today, and I would like this be public record. You have that
agreement in front of you.
Mayor Suarez: Absolutely.
Mr. Saffe: It clearly specifies and give us the options to both
neighborhoods, to either work separated or together. We are together today to
324 September 27, 1993
hire policemen to work together, and we going to pay together to the City of
Miami off -duty police.
Mayor Suarez: All right. Let me get a clarification on that question. Is
that an issue, that they can work separately or together, or is that covered
by the agreement as you interpret it?
Mr. Rodriguez: We - the agreement is an agreement between two parties of
which we have none - we're not part of, and we haven't read the implications
of that.
Mayor Suarez: Then you're not solving anything. All right.
Mr. Rodriguez: Well, that's the best answer I can give you.
Mayor Suarez: Has anybody looked at the agreement that can answer that from a
legal standpoint, if that concern of his is covered?
Mr. Jerry Bailey: What's the question?
Mayor Suarez: I believe the question was that they can not necessarily use
the monies together, but they can use them separately in any way they want.
Mr. Bailey: Yes, yes.
Mayor Suarez: I thought that the monies flawed directly to the Associations
in question.
Mr. Saffe: That's right.
Mr. Bailey: They can, but they can...
Mr. Saffe: It goes directly to the Associations.
Mayor Suarez: Jerry, you got no problem with that?
Mr. Bailey: The way I understand it is we can work jointly or separately, and
that we're satisfied with that.
Mayor Suarez: OK.
Mr. Saffe: Then give options to our neighborhood to decide among ourself what
we're going to do.
Mayor Suarez: Absolutely.
Mr. Saffe: At this stage, what we going to do, just to answer Commissioner
Plummer's question, because...
Mayor Suarez: No, no, no.
Mr. Saffe: OK. But we have an agreement today, and that's how I want to
leave it in the public record.
Mayor Suarez: Very good. Let's hear from any dissenters, please. Did you
want to add - put your name on the record, please.
325 September 27, 1993
s
Mr. Bailey: I just wanted to add one thing about the agreement. For those of
us who've worked on it, we know that it doesn't cover a lot of things that we
would all like. The approach that those of us like me tonight are taking, who
are recommending that we support the Mercy project is that this is the first
step. It's one step. It wasn't intended to be all-inclusive, but it is a
positive step, and we think it's a significant one, and we can build on some
other things. There are other issues that will be addressed later, but
tonight, the first step is taken. We think it's a good one.
Mayor Suarez: Very good.
Ms. Nancy Benovaich: Hi. Nancy Benovaich, Bay Heights, 243 Shore Drive East.
I'd just like to bring up two points that haven't been mentioned. I'm just
very glad that the 80,000 square feet has been brought up and read into the
record tonight that there will be no more than that. Also, the other thing
is, addressing PZ-14 - I don't know if you're going to get to it tonight -
but...
Mayor Suarez: I don't know yet, either.
Ms. Benovaich: OK, but eventually. j
Commissioner Alonso: The way we are going, no.
Ms. Benovaich: But anyway, I do feel that any expansion or throughout all of
the Grove should be addressed by this PZ-14, and that is the overall planning
study for Coconut Grove. Thank you.
Mayor Suarez: All right. Very good.
Mr. Andrew Hague: Andrew Hague, 1635 South Bayshore Drive. And again, I'm
here sort of as the disenfranchised resident, as I am neither a resident of
Natoma Manors, nor am I a resident of Bay Heights. However, when we had this
discussion the last time reference the traffic study and the impact of the
expansion of Mercy Hospital, one of my concerns was that what happens every
time something like this canes up is that we ignore the basic traffic problem,
and just sort of, you know, put out fire without addressing the real problem.
(APPLAUSE)
Mr. Hague: Mercy's expansion, which I have no doubt that it will go through,
is going to directly impact on where I live.
Commissioner Plummer: No question.
Mr. Hague: It is going - traffic is bad on South Bayshore Drive now. It got
worse when the barricades were put up. It now takes me 20 minutes to get from
the end of South Dixie, South Miami Avenue to my house, and I don't have an
alternative. That is the - I live on that street. That is the only way that
I can go. There are discussions about the widening of South Bayshore Drive,
and, you know, those discussions have gone on the 25 years that I've lived in
that address.
326 September 27, 1993
Mayor Suarez: There's a difference, because there was no consensus in favor
of that many years ago when I started here, and now, there seems to be a
consensus.
Mr. Hague: Well, if there's a consensus, I don't know where that consensus
comes from, but what will happen is, it will just pull traffic off of...
Mayor Suarez: Maybe there isn't, I don't know.
Mr. Hague: ... you would pull traffic out of. South Dixie Highway...
Mayor Suarez: I thought there was.
Mr. Hague: ... back onto South Bayshore, and the problem the very next day
will be exactly as it is now, only you will have lost the historic character
of South Bayshore Drive.
Mayor Suarez: That's why a lot of people were against it in the first
instance.
Mr. Hague: And I think they should still be against it, because that is the
original block and, you know, I'm not - when I go to build something on my
property, I have to get permission to cut down a tree. I have to get
permission. I can't touch the block. And for, you know, now, to say, "Well,
that's a whole different issue, or sort of..."
Mayor Suarez: Thank you. It's related, I suppose, but...
Mr. Hague: I digress. The bottom line is, I would like, you know,
personally, I would like to cut traffic off at South Bayshore and redirect it
up Halisee, and around Tigertail, and back down 17th. I mean, that would be
perfect for me, but that's not a good solution.
Mayor Suarez: And then into the ocean.
Mr. Hague: I didn't say that, you did. That's why - you're not up for
reelection, so I guess you can say that.
(LAUGHTER)
Commissioner Plummer: You asked for that one, booby.
Mayor Suarez: Certain amount of freedom, and there's a song about that,
right? Freedom is having nothing left to lose, you know.
Commissioner Plummer: Hey, don't worry about it. We only got to put up with
him for two more meetings. Don't worry about it.
Mr. Hague: The problem is that Natoma Manor...
Mayor Suarez: What is the point, Andy? Because you've been going on for a
while. We've go to try to hear from a couple of more dissenters. We're
trying to reach closure here. This was supposed to be an agreement, for God's
sake.
327 September 27, 1993
Mr. Hague: Well, it's a closure between Bay Heights and Natoma Manors. It
doesn't include where I live.
Mayor Suarez: I understand. I understand.
Mr. Hague: And I am going to be impacted on this directly - not just through
side traffic - through direct traffic. And that needs to be taken into
consideration, and I don't think this Commission can put off considering the
traffic problems along South Bayshore Drive any longer, and not just stamping
out small fires.
Mayor Suarez: All right.
Mr. Hague: Thank you.
Mayor Suarez: OK.
Commissioner Alonso: A study of the entire area, that's it.
Mayor Suarez: Yeah, absolutely. Sir.
Mr. Murray Marcus: My name is Murray Marcus, and I live in Bay Heights. And
I am not against the nursing home. What I am against is the fact on Thursday,
we had a meeting here, the Bay Heights and Natoma Manor, and the proposal that
has been brought here tonight was defeated on the first vote, defeated
soundly. There were only 47 people here. The neighborhood is 185 and 120.
That's 305. That's not even a quorum. But we had to get out of here at 8:30,
so at 28 minutes after 8:00, they...
Commissioner Plummer: Why did you have to get out?
Mr. Marcus: After a couple of other motions were defeated, they railroaded
this through. Now, I would like to see Mercy Hospital get their CO
(certificate of occupancy) tonight, but not for that big, big monster that
they're going to build. I think somewhere down the line, Mr. Plummer said
something, that that traffic is going to go through Bay Heights, it's going to
go through Tigertail. We need more than the $250,000, the $125,000. We need
some good planning. We have to have South Bayshore Drive widened, and I think
it's up to this Commission to take the - to do something about that. And I
think we need more, more than being - this money is extortion. In my opinion,
it is extortion. And I'll be truthful with you, I have a bad taste in my
mouth about it. Thank you.
Mayor Suarez: All right.
Mr. Maurice Cohen: Honorable Mayor and members of the Commission, Maurice
Cohen. I've lived in Bay Heights for about 30 years, and I think I speak for
all the people around this area, that I love Mercy Hospital, and I don't
imagine that there's anybody here that doesn't like Mercy Hospital as a
Hospital, and it's a good hospital, it's convenient. But we're not talking
about increasing the hospital facility. We're talking about a commercial
venture not even run by M rcy Hospital. Let me get to the more significant
point. I was at the meeting with Murray Marcus the other day, and there were
328 September 27, 1993
just a little over 40 people, which certainly doesn't constitute any kind of a
majority to vote on any issue. I am steadfastly against merging the two
communities, because our interests are diametrically opposed. So I think
we're starting out with a faulty agreement here that has no legal foundation.
We're talking about, you }mow, some people here seen to have gotten
overenthusiastic about this amount of money. IL-'s not a significant amount of
money, when you think in terms of 300 and sane houses, and you think in terms
of $1400 a day for the expense of policemen. We're not talking about enough
money to carry us maybe two or three years, and it's an insignificant amount
when you divide it by the number of houses and the number of years. So I
don't understand the enthusiasm for taking this bribe in order for Mercy to
get their structures. Now, I don't suggest for one moment that Mercy should
not be able to improve their properties. It's their right to their land use,
and I think we should all agree that they have a right to expand. But I don't
think it should be done to the detriment of the community. I think they're
obliged - I think actually they were obliged to have started some two years
ago to develop sane plans for road construction that would occur concurrently
with their expansion. I don't think you'd have a single objection here. What
we have is a major expansion, and then we're going to leave it to the whims of
three or four people and a couple of organizations as to how to spend some
nebulous amount of money to do something, and I'm not sure exactly what
they're going to do, which all sounds somewhat ridiculous. You know, it's the
Commission's...
Mayor Suarez: Sir, you're getting a little repetitive now.
Mr. Cohen: OK. It's the Commission's responsibility to see to it that we
don't have expansion without the proper impact studies that should be a part
of that expansion.
Mayor Suarez: Very good.
Mr. Cohen: And we really depend on this Commission to see that that's done.
Mayor Suarez: Anything further from the audience?
Mr. David Jones: David Jones, 1624 Tigertail. I mentioned this before when I
was here a couple of meetings ago, that the problem was poor planning, traffic
planning by the City. We have not mentioned about that half of this traffic
or possibly a little less comes from Homestead area, Cutler Ridge area. Why
hasn't the Metro been taken up to there, or if not putting the big Metro, the
cement Metro? They were talking about one time - because I lived down here,
in April, I lived down there - they were talking about putting buses along the
line where the train tracks were. That would alleviate a lot of people coming
in through the neighborhood who wouldn't want to drive all the way through
when they could take a Metro bus or something like this, nonstop all the way.
It would cut a lot of traffic. Why isn't that being explored?
Mayor Suarez: It is. It's just a substantial expenditure. Please.
Mr. Ron Nelson: Hello. My name is Ron Nelson, 2535 Tanagua, Coconut Grove.
I drive through this mess every day, so. I think we mentioned something
earlier about - Miller mentioned it - is why are we only addressing the
nursing home now instead of all three. That's a good question. When was this
329 September 27, 1993
zoning changed, and how - were we properly noticed? I've asked a lot of
people. Nobody can actually give me an answer. To allow such a huge building
to come in.
Mayor Suarez: What is the answer on that, Sergio? Why is the nursing home -
is that the major use special permit?
Mr. Rodriguez: What really is the major use permit is the parking itself.
The actual - the location of the office building doesn't require any zoning
change whatsoever.
Mr. Nelson: When was that done now?
Mr. Rodriguez: They have applied for a building permit that hasn't been
approved yet.
Commissioner Plummer: No, when was the zoning done?
Mr. Nelson: When was the zoning changed to allow 100,000 square foot
building? Was it always zoned that way?
Mr. Rodriguez: It has been there for a long - yeah, for years.
Mayor Suarez: It's a huge amount of acreage, so the floor to area ratio would
allow, you know, a lot of...
Mr. Nelson: Would allow it?
Mayor Suarez: Yeah.
Mr. Nelson: That was not my understanding. It was pointed out different to
me, but I have not had time to research it, so I'll plead ignorance. A couple
of other things I just though of while they were talking about this, is Mercy
Hospital, I understand the land cannot be sold, but can the business of Mercy
Hospital be sold, and will the new buyer have to be obligated to take care of
this agreement?
Mayor Suarez: Will there be any issue of this covenant or this agreement not
being...
Sister Worley: The business of Mercy Hospital; is that what you asked?
Mayor Suarez: Yeah. Supposing you sold.
Mr. Nelson: Yeah. I'm saying, the land can't be sold, I don't doubt that.
Commissioner Plummer: Sure, it could be.
Mr. Nelson: But the business can be.
Mayor Suarez: The management and the operation.
Sister Worley: Of Mercy Hospital?
330 September 27, 1993
Mr. Nelson: Yes.
Mayor Suarez: Right.
Sister Worley: Or the nursing home?
Mr. Nelson: Of whoever has to agree to...
Mayor Suarez: The party agreeing to the covenant.
Mr. Nelson: ... to pay for the police and everything, and perpetuity. And
I'm hoping that your agreement is going to go on for a long time.
Mayor Suarez: OK. Wait, wait. Why are you arguing? She just wants to
clarify the question.
Sister Worley: There is a limit to the agreement. The agreement is clear.
It was appropriately reviewed by legal counsel, and it is a signed agreement.
Mayor Suarez: Can the party that is successor to Mercy Hospital be bound by
the agreement?
Sister Worley: Yes, yes.
Mayor Suarez: That's all he's asking.
Sister Worley: If there is a successor, that is included.
Mr. Nelson: Well, I ask that it be included. It was not said that it is, so
please make sure it is.
Sister Worley: It is included.
Mr. Nelson: Next question. Is - OK, because I've heard that Mercy is having
some problems and there's been some negotiation of somebody else taking Mercy
Hospital and running it.
Sister Worley: Don't listen to it. The Sisters of Saint Joseph sponsored it
for 43 years. Period.
Mr. Nelson: OK. OK.
Mayor Suarez: Sounds like that's not in the offing, but, you know.
Mr. Nelson: We've got the normal...
Commissioner Plummer: For the record, it can be sold. You can sell the
hospital if you wish.
Sister Worley: We are not.
Mr. Nelson: We have the next - the normal problem that we've been arguing
about here for a long time, and it's the ten pounds in the five -pound bag. It
just doesn't fit. I know you can - because the rule says, "Yes, you can build
331 September 27, 1993
it," it still doesn't fit. It's too much, and I think you reached an
agreement rather hastily with the neighbors. I don't think it's well thought
out. I don't think you can hash something like this out in a matter of three
or four hogs, and I think the City Council ought to take a good look at it
before agreeing on it.
Mayor Suarez: Very good. OK. Mr. Gonzalez-Goenaga, were you going to say
something? I mean, I hate to prompt you.
Mr. Gonzalez-Goenaga: I am a visitor to Bay Heights, and what I was going to
say is that you must become like Judge Solomon, to make a decision, and I am
surprised that the Catholic Church, being so generous, they cannot arrive at a
meeting of the minds with the rest of the citizens. Thank you.
Mayor Suarez: They think they did. All right. For PZ-8, the public hearing
is closed.
Commissioner Plummer: No, you got Dr. Candela. Xavier, you got Dr. Candela.
Ms. Joyce Nelson: Sorry. Joyce Nelson, 2535 Tanagua Avenue. Mr. Dawkins,
your comments, I thought, were right on track with the number of cars that are
going to be coming and going from this property, with the expansion that
they're doing. If you consider, approximately, I would say 40 doctors in an
85,000 square foot office building - I'm not sure how many doctors. I think
40 was quoted to us.
Sister Worley: Yes, total, total for that building, some of which are already
on campus.
Ms. Nelson: Right. Forty doctors who park, their staff who park, and
patients that they see - 20 or 30 a day who park, come and go, deliveries,
Office Depot, UPS, surgical, medical needs. I think the number of cars coming
and going will not be just a thousand cars a day.
Commissioner Plummer: It's going to be a hell of a lot more than that.
Ms. Nelson: It's very important to consider how many people will now be coming
and going per day.
Commissioner Plummer: Hell, they got a thousand employees.
Mayor Suarez: OK. Anything further?
Ms. Nelson: Yes. And I don't think we're also considering that when we have
this much traffic coming and going now, and it's going to be increased, Mercy
Hospital is no longer going to be convenient to get to.
Mayor Suarez: Doctor, go ahead.
Dr. Andres Candela: I am Andres Candela of 42 Bay Heights Drive. I am also a
physician practicing at Mercy Hospital. Mercy Hospital has been faithful to
the motto in its logo - a circle of concern. But if that concern that applies
to everything from birth and continued medical care, even terminal care, we
have a hospice, there is one link that we are missing - that is the nursing
332 September 27, 1993
r
home. A nursing home is very necessary, and it's of utmost importance for the
continuity of care. See, what happens, nowadays, when a patient is ready
to...
Mayor Suarez: Sir, frankly, I had thought that you were going to be opposed
to the agreement. Are you supportive of the agreement?
Dr. Candela: I am for the agreement.
Mayor Suarez: OK. Because we've got two or three other items that we must
get to tonight, and I was, in fairness, waiting to hear just from people who
were in disagreement.
Commissioner Plummer: You've got 15 minutes, and you got pocket items.
Dr. Candela: OK. That's fine. Thank you.
Mayor Suarez: Thank you, Doctor. But we've got, for the record, all of your
supportive comments and...
Commissioner Dawkins: No pocket items tonight.
Mayor Suarez: Bruno.
Mr. Bruno Carnesella: Good afternoon. My name is Bruno Carnesella. My
residence is 3838 Irvington Avenue. However, I am interested in property in
1702 South Bayshore Drive, as well as 1608 Tigertail. I think that tonight,
the problem is not just the issue of the Mercy Hospital. I understand the
concern about the nursing home, and I understand many other concerns for the
community, but I think the issue is the traffic that will be generated in
South Bayshore Drive. I was in the front...
Mayor Suarez: Bruno, I don't know if you were present, but that's been
mentioned already. Is there any...
Mr. Carnesella: I understand, excuse me, Mayor. But we have for a long time
been debating the fact that there should be a master study for all Coconut
Grove, and all the time I come over here, I listen that maybe a moratorium is
coming down, and we have a de facto moratorium, because we have a restriction
on the sewer line, and at certain point, we are discussing the possibility,
the adding additional parking space. I understand the need of the nursing
home. I believe nobody is against the nursing home, but I not understand why
we need additional parking space. If we don't have parking spaces evident, we
don't have office space. I don't understand why we should have office space
for Mercy Hospital. This is my point. Thank you.
Mayor Suarez: Commissioners, this closes the public hearing. Did you need to
put anything else on the record?
(INAUDIBLE COMNIEE E)
Mayor Suarez: No, please, by all means, do not, because we'll never end here.
Commissioner Plummer: Mr. Mayor, I once again merely ask the same question
that I asked before, and I think that it's something that we're all interested
333 September 27, 1993
in. What is being done to deter the traffic through Bay Heights onto
Tigertail, to continue on further south? I still •- I don't - I have not heard
one word that tells me that problem is being addressed.
Mr. Saffe: Mr. Plummer, it's been done what is done now. If you go 4:00
o'clock in the afternoon, as I have done in several afternoons, you will
notice that the City of Miami police is there asking the people which they -
if they are living there or not. Basically, they are asking to be very much
with a sign that is there. Although there has been lot of people has been
going against .in courts, and they have gotten judgment against this traffic
only, local traffic only.
Mayor Suarez: OK. Do you believe that - do you believe...
Mr. Saffe: But the obligation of the policeman is to enforce that, and this
is what is being done, and we are going to continue doing that.
Mayor Suarez: Do you believe that that's working?
Mr. Saffe: Yes, Mr. Mayor.
Mayor Suarez: All right. All right!
(SHYING IN THE NEGATIVE)
Ms. Kate Terry: Mr. Mayor, excuse me. I'm a dissenter. I'd like to say
something.
Mayor Suarez: No. You have a seat. We closed the public hearing and
Commissioner, inquire. Commissioner, do you want anything else?
Ms. Terry: There are still dissenters here.
Mayor Suarez: All right. But I'm sorry, you didn't come up to the mike when
I called for dissenters.
Commissioner Plummer: Well, I have a right to ask her to speak, and I don't
know if she's speaking for me or against me, but go ahead.
Mayor Suarez: All right, ma'am. The Commissioner wants to recognize you.
State your name, please.
Ms. Terry: Yes. My name is Kate Van Winkle Terry. I live at 1896 Tigertail.
I do not live in Natoma Manors or Bay Heights. I live on now what is known as
the drag strip, between downtown Miami and Homestead, where people go between
60 and 85 miles an hour in a 30 mile an hour zone. Commissioner Plummer is
exactly right. I - with all due respect to my friends and neighbors in Natoma
Manors and Bay Heights - I appreciate their work - I think that this - the way
this has been handled is completely an example of poor planning in this City.
Tigertail is now the main drag. Have you seen people who have been backed up
on Bayshore turn right onto l7th? I want you to come stand in front of my
house, where children ride their bikes, and try to walk home from school,
because the traffic is so angry that they speed down Tigertail, and there is
not one policeman in sight, not one! And I can't believe you are listening to
334 September 27, 1993
this! Nobody is going to pay attention to this, "Oh, we're going to take a
right here and this street's cut off." It's not going to work. We've got to
have planning for this.
Mayor Suarez: All right.
Ms. Terry: We can't act like it is. It's not a panacea. Thank you.
Mayor Suarez: You have the same problem as I've got. I'm on South Miami
Avenue. It's another drag strip.
Commissioner Plummer: Mr. Mayor, not an argument with Mercy at all. One of
the proposals that was not in this so-called agreement, would the
Administration recommend a 20 mile an hour speed limit in both areas? Does
Say Heights have any problem with that? Twenty miles?
(INAUDIBLE COMMEND)
Commissioner Plummer: OK.
Mr. Saffe: I don't think so.
Commissioner Plummer: All right.
Mr. Saffe: We don't have a problem.
Mr. Jim Kay: I don't know if Dade County will go along with a 20 mile an hour
speed limit. They do have speed limits, like reduced, like at corners and
other intersections, but to have a general speed limit in a community, I don't
know.
Commissioner Plummer: All right. The other question...
Mayor Suarez: Mr. Kay, what the Commissioner is suggesting is that as part of
the various traffic studies that we obviously need to do for the area, you
figure out a way to get the County to agree that there should be some
limitation on the speed that people use on both Tigertail and South Miami
Avenue, and then just figure out a way to try to enforce it, is what he's
asking. Not specifically 20 versus 21 versus 22 versus 23 miles an hour - but
can we at least get people to slow down on Tigertail and South Miami.
Commissioner Plummer.: No, because if they do, Mr. Mayor, I want to tell you
something. I'm going to be in here demanding law enforcement in there to
enforce it. OK? Let me ask this question. When I put forth
gave me before about what you talked about, the planters halfway across the
street, I thought it was a tremendous idea. And yet, when I went to Wally,
and he went to the Manager, there was something about a liability problem.
Now, to the City Attorney, do you know of any liability problem that would
prevent that from happening? I mean, it didn't make any sense to me. If we
can block off the whole street, why can't we block off half of it?
Commissioner Alonso: We need a comprehensive traffic study....
Comini.ssioner Plummer: Well, no, excuse me. This is...
335 September 27, 1993
Commissioner Alonso: ... of the entire area in order to resolve this problem.
Commissioner Plummer: All. right, excuse me. This is the agreed upon
settlement. I'm just asking that which they have agreed upon is do -able.
That's what I'm asking.
Commissioner Alonso: That's fine, (inaudible).
Ms. Miriam Maer (Assistant City Attorney): Well, I think in general, it would
depend upon the design, and the visibility, and how well it's marked, and it
involves...
Commissioner Plummer: OK. So it's do -able.
Mr. Kay: Yes.
Commissioner Plummer: That's all I want to know. OK.
Mayor Suarez: All right. On the matter before us, anything further from the
Administration? If not, anything further from the Commission? If not, I'll
entertain a motion. So moved by the Vice Mayor. PZ-8 resolution moved.
Commissioner Plummer: You're moving PZ-8 with the attached agreements of
understanding for both Natoma and Bay Heights, with the so stipulated
agreements.
Mayor Suarez: Is that a second?
Commissioner Plummer: OK, now, Mr. Mayor, I've said all the way along that I
will vote whatever the majority wants, and if that's what they want, so be it.
Mayor Suarez: Moved and seconded.
(SHOUTING)
Mayor Suarez: Please. Mr. Rodriguez.
Mr. Rodriguez: Yeah. I want to verify...
Commissioner Plummer: How are we going - excuse me. Mr. Mayor, how are you
going to determine what the majority wants when you supposedly had some kind
of an agreement here? Now, the only other thing I know...
(SHOUTING)
Commissioner Plummer: Excuse me. The only other thing I know that you can do
is to go have an actual vote of both sections, but then, you're going to let
Mercy Hospital out of the bag. They're not going to have any obligation. If
you don't - if they don't agree to what you might agree or disagree, then you
can't hold Mercy's feet to the fire, because they're under a deadline of
November the 1st. Now, you know, I...
(INAUDIBLE COMNIM)
336 September 27, 1993
Mayor Suarez: OK. Mr. Rodriguez.
Mr. Rodriguez: I want to make sure that we understand, there were two items
that they agree, which were the removal of items 16 and 17 from the major use
permit, and you're including that in your motion, I imagine?
Commissioner Plummer: It's not my motion, but I was going to second it.
Mr. Rodriguez: Your motion.
Commissioner Plummer: I would assume that this which we have as the agreement
which was surrendered here - what the hell did I do with it? I gave it to
YOU.
Mr. Rodriguez: OK. But if you agree to that, I mean, that's part, and I want
to make sure that we have a good record. The second item that I would like to
bring to your attention is that there have been...
Commissioner Plummer: Excuse me. This agreement is dated the 27th day of
September, 1993, and it is signed by Mercy Hospital and the two Associations.
Unidentified Speaker: They have this one as of today.
Commissioner Plummer: What is that one?
Sister Worley: Should be a third page on that agreement.
Commissioner Alonso: This is so confusing.
(INAUDIBLE Ca4ENIS)
Sister Worley: The copy I handed over here had a three page. Wherever that
went from here...
Commissioner Plummer: That's the one I have here.
Sister Worley: OK. The third page...
Mayor Suarez: What is the additional one, Sergio? Are you aware of it?
Sister Worley: ... third page of which is on Mercy letterhead.
Mayor Suarez: Wait. You can't - you can't do that, Doctor, because I'm not
getting that in the record.
Dr. Ellison: Oh, OK.
Mayor Suarez: All right. It's part of the one that he was holding. OK.
Commissioner Plummer: Now, the City Attorney is sitting here telling me that
they haven't read these documents, and they can't approve them. Now, what do
you do?
337 September 27, 1993
Mr. Rodriguez: We...
Commissioner Alonso: What?
Commissioner Plummer: The City Attorney has said...
(SHOUTING)
Commissioner Plummer: Excuse me, excuse me. The City Attorney...
Mr. Saffe: I'm sorry, the City is not a party of that agreement.
Mr. Rodriguez: We're not a party. We're not a party.
Mr. Saffe: And I remove that it...
Commissioner Plummer: Would you state on the record, so that I'm not out of
line?
Ms. Maer: I just would like the City to be aware that this is an agreement
between the private parties. This is not an agreement to which the City is a
party, and if you're going to make this a part of your resolution or your
approval of the major use special permit, I wanted you to be aware that City
staff, neither the Administration, nor the City Attorney's Office has reviewed
the document.
Vice Mayor De Yurre: My motion is to approve PZ-8.
Mayor Suarez: OK.
Commissioner Plummer: Without any stipulations?
Vice Mayor De Yurre: That's my motion. I'm not going to get - I'm not - they
have a private - like she's saying, there's a private agreement here between
two parties.
Mr. Maer: That's right.
(SHOUTING)
Mayor Suarez: Please. To the extent that it is binding on anyone, it would
be binding only on the parties assigned is what he's saying. OK. So we have
a motion on approval of PZ-8. It does understand that there's an agreement.
I mean, you wouldn't want to...
Dr. Ellison: What about the issue of the streets, and 16 and 17?
Commissioner Plummer: Yeah, and that they won't oppose the neighborhood.
Mayor Suarez: That's already built into the motion, too.
Commissioner Plummer: All right, I can't vote for that.
Sister Worley: Could I just add to the record, the agreement has been signed
by both Homeowners' Association Presidents.
338 September 27, 1993
Mayor Suarez: We have that.
(SHOLYrIM)
Mayor Suarez: Please.
Sister Worley: It has been signed by Mercy Hospital, and we'll stand by it.
Mayor Suarez: Please. All right. So with that understanding, with that
agreement, there's a motion.
Commissioner Plummer: I can't vote for that.
Mayor Suarez: Do we have a second?
Commissioner Plummer: I can't vote for that.
Commissioner Alonso: What would happen if we deder this item? What would
happen? How it will affect (unintelligible)?
Commissioner Plummer: This agreement which you all have hammered out is not a
part of this motion.
Mr. Rodriguez: It loses the certificate.
Commissioner Alonso: What?
Ms. Maer: They'll lose their Certificate of Need.
Commissioner Plummer: It's always that.
Commissioner Alonso: They will lose the Certificate of Need.
Mayor Suarez: The Commission and the Administration is discussing this item.
If anyone cannot refrain from speaking out, you will be removed from the
chambers. Have some order in these proceedings. All right, Commissioners.
Commissioner Alonso: Yes.
Mayor Suarez: We have a motion. It has not been seconded yet. Yes,
Commissioner Alonso.
Commissioner Alonso: Mr. Mayor, my concern is we are putting a Band Aid
approach to a serious problem that they have in this area. I really want to
vote on - for Mercy and what they want to do, but at the same time, we have a
problem and we need a comprehensive study of the entire area, and how is it
going to affect one area to the next! We are just resolving little areas, and
then causing major problems in the entire community, and this is a serious
concern. Why do we have to be in the middle of this fight, saying, "Yes, you
have to do it today"? Can we find - we - when we want to get creative, we do
it, very often! How can we say their project not affects their project, but
at the same time, find a reasonable answer to this serious problem that we are
facing every Commission meeting? It repeats itself, and it's growing. I
339 September 27, 1993
mean, people don't even want to come through the area. They live there. They
have to drive through. What do we do?
Commissioner Plummer: one of the areas that you might want to consider is
having Mercy Hospital put up what they have agreed of the $250,000 in escrow
until a decision has been made by this Commission. Now, that might be an
alternative.
Commissioner Dawkins: Madam City Attorney...
Commissioner Plummer: But still then the...
Ms. Maer: Yes, Commissioner.
Mayor Suarez: We still have a motion and no second. Commissioner Dawkins,
one last discussion, and then we need a second, or otherwise we'll
procedurally be...
Commissioner Dawkins: Madam City Attorney, we have a problem, and the biggest
part of the problem appears to be the loss of the funds for the nursing home.
That appears to be the largest problem. Is there any way legal to structure
something which says we approve in principle the nursing home, with Mercy
Hospital being able to break ground in order to secure the money, and then
come back to this Commission and try to work out any other differences that
you might have? Is such a thing like that legal?
Ms. Maer: In my opinion, specifically as you've stated it, I don't believe
that...
Commissioner Dawkins: OK, hold it, then. Hold it, You state it like it is
legal.
Ms. Maer: OK. I think, perhaps - and I'm thinking this through as I state
it, so please bear with me...
Commissioner Dawkins: Yes, ma'am.
Ms. Maer: ... would be that we approve the MUSP (Major Use Special Permit),
and I think I'd have to argue against approving it in principle in order to
save their Certificate of Need.
Commissioner Dawkins: Yes, ma'am.
Ms. Maer: You would approve the MUSP. You would delete, if you choose,
conditions 16 and 17. That's totally up to the Commission.
Mayor Suarez: Please don't use acronyms.
Ms. Maer: I'm just mentioning it.
Mayor Suarez: You approve the major use special permit. Thank you.
Ms. Maer: And you would add as an additional condition - you would add as an
additional condition that Mercy report back here after a stipulated period of
time to report to you on what progress they have made with regard with meeting
the concerns and interests of the neighbors that have been stated on the
record tonight and at the previous meetings.
Commissioner Dawkins: That's just something that I threw out. I don't even
know if the neighbors will accept that. I just - I asked, that's all.
Mayor Suarez: Madam City Attorney, on the same vein, if we move the item and
pass it subject to your review of the agreement to make sure that it makes
sense from our perspective, is that legally possible?
Ms. Maer: I could certainly do that, but if the agreement merely, as I
understand it, sets forth the obligations of the hospital to pay a certain
amount of money, assuming...
Mayor Suarez: Well, from oux perspective, we'd like to know that at least it
has - it says what it purports to say and that...
Commissioner Plummer: How about if they volunteer?
Mayor Suarez: ... that's what...
Ms. Maer: I could review it for consistency with the statements made by the
representatives of the organizations...
Mayor Suarez: That's the idea.
Ms. Maer: ... and the dissenters.
Commissioner Plummer: How about if they volunteer, Mr. Mayor? They volunteer
to make that contribution.
Mr. Ellison: We have had attorneys look at this agreement so...
Mayor Suarez: Yeah. Please, please, please. You're out of order. Right now
the Commission is discussing it. All right. With that last understanding, I
will second the motion. Now it is an issue. It is before us, and...
Commissioner Dawkins: What is the motion?
Commissioner Plummer: Yeah, that's what I'd like to know.
Vice Mayor De Yurre: The motion is to approve PZ-8.
Commissioner Dawkins: Which says?
Vice Mayor De Yurre: Which says approving the nursing home and the...
Ms. Maer: Approving the major use special permit.
Vice Mayor De Yurre: And the 650...
Ms. Maer: With or without conditions...
341 September 27, 1993
Ms. Maer: ... sixteen and 17.
Mayor Suarez: My second would also call for the City Attorney to look at the
agreement between the parties and make sure that it does what it purports to
do, Mr. Vice Mayor.
Vice Mayor De Yurre: And we can also, if you want, we can make this motion
contingent on them fulfilling the agreement that they have.
Commissioner Plummer: Ah, now you're getting it. Now, you're getting there.
Mr. Rodriguez: Complying with the - contingent on complying with the
agreement.
Commissioner Plummer: Go ahead. This agreement which was proffered...
Vice Mayor De Yurre: So that way, Mercy's tied in that this approval is
contingent on their following through with what they have agreed to do.
Mr. Rodriguez: Complying with the agreement.
Commissioner Plummer: This agreement, which is proffered here, and marked as
the agreement of September 27, 1993.
Mr. Saffe: September 27.
Mr. Rodriguez: OK.
Vice Mayor De Yurre: With the understanding that it doesn't bind the City at
all.
Mr. Rodriguez: Right.
Commissioner Plummer: OK. What about your agreement?
Mr. Ellison: That's the secondary agreement of the September 27th.
Commissioner Plummer: The agreement of the planters and the...
Mr. Ellison: Right, that I asked for the City Commission.
Commissioner Dawkins: Well, J.L., how you going to get up and run other
people's motion? That's his motion? That's his motion and his second.
Commissioner Plummer: Excuse me. I am asking if it is included. That's what
I'm asking.
Commissioner Dawkins: Make a substitute motion.
Mr. Ellison: In order to delete 16 and 17, these other additions were
included, and that's why...
342 September 27, 1993
Mayor Suarez: My second includes all of the agreements between the parties.
Commissioner Plummer: And, all of the agreements among the parties?
Mayor Suarez: Yes, of course.
Commissioner Plummer: Yes, that's fine.
Commissioner Dawkins: Mr...
Mr. Rodriguez: Yes, and I would like to make...
Commissioner Alonso: All of the agreements? It's between parties, the
understanding that this one that we have, right?
Mr. Rodriguez: Right. And...
Mr. Saffe: Involving issues.
Mr. Rodriguez: And...
Commissioner Alonso: Is that understanding is this?
Commissioner Plummer: No, no, no. You have this one also.
Ms. Terry: Items one through 4.
Commissioner Plummer: It's all this one here. Parties among the...
Commissioner Dawkins: Mr. Rodriguez, you've something to say?
Commissioner Plummer: No, there is that...
Commissioner Alonso: Yes, this that I have.
Commissioner Dawkins: Mr. Plummer, you are out of order. Please be seated.
Commissioner Alonso: Yes.
Commissioner Dawkins: But, please be seated.
Mr. Rodriguez: I...
Commissioner Plummer: You want to go home alive?
Mr. Rodriguez: I'd like to make sure also, for the records, there has been
some confusion back and forth on the figures of the 80 thousand - 85
thousand - 113 thousand, and the applicant have mentioned before that they
tend - they are proposing and they are prepared to. And, I would like
something stronger on the records that they are limiting themselves to a
maximum of...
Mayor Suarez: My second will require them to build no more than 85 thousand
square feet.
343 September 27, 1993
Mr. Rodriguez: All right.
Commissioner Dawkins: OK, that's good enough for you? Ma'am.
Vice Mayor De Yurre: So, it says here...
Ms. Terry: That's fine. It's accepted.
Commissioner Plummer: Can we have a copy of that.
Commissioner Dawkins: Madam City Attorney.
Ms. Maer: Yes, sir.
i
Commissioner Alonso: What about the rest of the area? We could do a
comprehensive study of the entire area.
Commissioner Dawkins: You know what? Now, wait a minute, you all take it
easy, you all take it easy here now. Come on, take it easy. Let's get rid of
this and then we can go to something else. We have a motion on the floor...
Commissioner Alonso: Commissioner.
t Commissioner Dawkins: ..if you are not speaking to the motion, you are out of
order. Who wants to speak to the motion?
Commissioner Alonso: I want to speak.
Commissioner Plummer: The motion is understood. Repeat the motion. I'm
speaking to it, repeat it. As you understand it.
Ms. Matty Hirai (City Clerk): Approving PZ-8 as presented. Contingent upon
Mercy Hospital fulfilling all of the agreements stated September 27
incorporating all the agreements between the parties.
Commissioner Plummer: All of the agreements.
Ms. Hirai: Yes, she said that at the end, sir.
Commissioner Plummer: I have no problem with that.
Commissioner Dawkins: No. Now, go ahead.
Commissioner Alonso: Yes, my question is - what is going to happen to the
rest of the people who live in the area and are having a serious problem with
traffic?
Commissioner Dawkins: They lost by default.
Commissioner Plummer: Now, wait.
Commissioner Dawkins: Well, this is it. That's it.
344 September 27, 1993
Commissioner Plummer: Whoa -whoa.
Commissioner Alonso: But, this isn't right.
Commissioner Dawkins: Well, what else is it.
Commissioner Alonso: This isn't right.
Commissioner Dawkins: OK, well, then you say what it is. Say what it is.
Commissioner Plummer: Wait a minute. Wait a minute. Whoa, whoa, whoa. I
would be happy if you want to make a motion after this one. That, the
department conduct a study, as this lady has said here, about the speedway,
OK. That some kind of relieve can be given to Andy who lives on Bayshore, to
Ray Asmar who lives on 17th Avenue and to this lady who wants to avoid a speed
trap. OK. And, I think that we should pay for that.
Commissioner Dawkins: All right, all right. We'll take that in a separate
motion. Let's vote on the present motion.
Commissioner Alonso: I really have to vote against this. Because,
Commissioner, let me say something. I really have to vote against all of
this. Because, we are addressing this and personalities. And, we have to
talk about an entire area with having serious problems.
Commissioner Dawkins: One negative vote. Any more?
Commissioner Alonso: No, I know they have the votes. And, I am glad that
they will be able to build something that I feel in my heart is needed. But,
I have to speak for the people of the entire area of Coconut Grove who are
having serious problems.
Commissioner Dawkins: Any other...
Commissioner Alonso: And, every time we meet, we address the small problem
and we don't look at the overall picture. And, that's how serious this
situation is.
Commissioner Dawkins: Any further discussion on the motion? Hearing none,
call the roll, Madam Clerk.
Commissioner Alonso: This is a band aid.
COMMENTS MADE DURING THE ROLL CALL:
Commissioner Plummer: Predicated with my full understanding that all of the
agreements that have been outlined here tonight, mutually among the parties, I
vote, yes.
345 September 27, 1993
Commissioner Alonso: For the reason stated before, I vote, no. The following
resolution was introduced by Vice Mayor De Yurre, who moved its adoption:
RESOLUTION NO. 93-608
A RESOLUTION, WITH ATTACHj,=(S), AUTHORIZING THE
MERCY HOSPITAL NURSING HOME AND PARKING GARAGE MAJOR
USE SPECIAL PERMIT, FOR THE PROPERTY LOCATED AT 3663
SOUTH MIAMI AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY i
DESCRIBED HEREIN), PURSUANT TO AN APPLICATION FOR
MAJOR USE SPECIAL PERMIT PROPOSED BY MERCY HOSPITAL;
APPROVING SAID MAJOR USE SPECIAL PERMIT AFTER
CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE CITY
OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO THE
CONDITIONS OF THE DEVELOPMENT ORDER ATTACHED HERETO AS
EXHIBIT "A", THE APPLICATION FOR DEVELOPMENT APPROVAL
INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF
FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE
DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT
AND SUCCESSORS IN INTEREST; PROVIDING FOR AN EFFECTIVE
DATE; AM DIRECTING THE CITY MANAGER TO TAKE ALL
ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS
UNDER THE DEVELOPMENT ORDER.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso
ABSENT: None.
Mayor Suarez: OK, now. Is there any companion item?
Commissioner Plummer: Now, I will like to...
Commissioner Dawkins: Somebody wants to make a motion now to cover the other
part?
Commissioner Plummer: I would like to make a motion at this time that the
planning department be instructed...
Mayor Suarez: I thought that was part of what they...
Commissioner Plummer: ...to conduct the traffic or to study of 17th Avenue,
Bayshore and Tigertail, west of 17th Avenue.
Mayor Suarez: I thought that one of the things that...
Commissioner Dawkins: What you want now? The study should do what?
Commissioner Plummer: The study for the relief of the people on Bayshore
Drive, 17th Avenue and west of 17th Avenue on Tigert-.ail.
Mayor Suarez: I thought that that was one of the conditions of...
Commissioner Alonso: Unless, you do a study of the entire area, that's not
the answer.
Mayor Suarez: Right. I thought that one of the conditions of the prior
agreement on the barricades was that they would, in fact, fund the traffic
study.
Commissioner Plummer: No, the traffic study that they were going to fund, Mr.
Mayor, was the traffic study in Bay Heights and Natoma.
Mayor Suarez: Yes, I think we need a private study of the whole area. All
right. Is that the motion?
Commissioner Dawkins: It's after nine o'clock.
Mayor Suarez: The motion is to have a traffic study on the entire area of
South Bayshore, South Miami, Tigertail and see what relief can be given to try
to...
Commissioner Plummer: Yes, and I'll even make a suggestion. One of the best
things that ever happened on Tigertail, to the lady that was here, was when
they put a stop sign on 22nd Avenue. That cut that tremendously. And, I
would hope that they would consider putting one or two or maybe three more
stop signs on Tigertail which would slow people down and eventually will tell
them, let's use some other street.
Commissioner Dawkins: Uh-huh.
Commissioner Plummer: So, I hope that that will be done.
Commissioner Dawkins: It's already...
Mayor Suarez: Now, Mr. City Manager...
Commissioner Plummer: And, that's to my detriment, by the way.
Mayor Suarez: ...could you do that in-house, or are you going to need to do
that through an outside consultant?
Commissioner Dawkins: All right.
Mayor Suarez: Doctor, Doctor. We need for you to sit down. Please, Doctor.
Sir, please sit down.
347 September 27, 1993
Commissioner Dawkins: OK, what do we got now?
Commissioner. Plummer: Did that motion passed?
Mayor Suarez: Does that motion carry with it...
Commissioner Alonso: PZ-4.
Mayor Suarez: ...the implication of any spending, is what worries me?
Mr. Rodriguez: We will do that with a staff in-house, at this point, sir.
Mayor Suarez: All right, moved and seconded. Any discussion, if not, please
call the roll.
Ms. Hirai: You second it?
Commissioner Dawkins: Yes.
CCKvffg I.'S MADE DURING ROLL CALL.
Commissioner Alonso: No, I don't think this will resolve the problem. No.
Vice Mayor De Yurre: What's the motion, to do a traffic study?
Ms. Matty Hirai (City Clerk): An entire... yes. Traffic study of the entire
area.
Commissioner Plummer: The other areas, the outer perimeters of the areas.
The study of that.
Vice Mayor De Yurre: OK, but why isn't Commissioner Alonso... Why doesn't
she want a study of this?
Commissioner Plummer: She wants a study of the entire area.
Commissioner Alonso: Because, unless we address the real prob em and see the
entire area, this is not going to be solved.
Vice Mayor De Yurre: So, what are we talking about..
Commissioner Alonso: It's as simple as that.
Vice Mayor De Yurre: ...what is the study for then?
Commissioner Alonso: And, he is talking about a limited area and this is just
a farce. I am not going to go for that. I think it is a waste of money.
Commissioner Plummer: Try and give relief to the people, in any way possible,
on Bayshore, 17th Avenue and Tigertail, west of 17th Avenue.
Mayor Suarez: Basically, all of the Grove down to the City Hall. That's
pretty much what he...
348 September 27, 1993
Vice Mayor De Yurre: I think you are talking about Alatka all the way down to
the center of the Grove.
Commissioner Plummer: No, no, no. Not Alatka at all.
I
Vice Mayor De Yurre: But, that's a problem area, too.
i
Commissioner Plummer: Not by virtue of what we did here tonight. It's no
longer a problem.
Vice Mayor De Yurre: South Bayshore is going to be a big problem.
} Commissioner Plummer: That's what I am saying. Try to give some relief.
I
Vice Mayor De Yurre: No.
i
Commissioner Dawkins: Are we adjourning? Or, we got pocket items.
Mayor Suarez: Wait, wait.
Commissioner Plummer: We are just... I am going home.
j Vice Mayor De Yurre: No, I got pockets I got to...
Commissioner Alonso: PZ-4.
Commissioner Plummer: We've got...
Mayor Suarez: First of all, everybody sit down, please. All right, call the
roll on the motion before us. I think it is understood it is basically to a
traffic study on the area that involves as made in the motion. South
Bayshore, South Miami...
Mr. Rodriguez: Tigertail, and 17th Avenue.
Mayor Suarez: ...17th Avenue, and Tigertail.
Ms. Hirai: Tigertail west...
Mayor Suarez: That area is understood.
349 September 27, 1993
j
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93--609
A MOTION INSTRUCTING THE PLANNING DEPARTMENT
TO CONDUCT A TRAFFIC STUDY OF' THE OUTER
PERIMETER AREAS OF BAY HEIGHTS AND NATOMA
MANORS, NAMELY, SOUTH BAYSHORE DRIVE, SOUTH
MIAMI AVENUE, S.W. 17 AVENUE, AND TIGERTAIL
AVENUE WEST OF 17TH AVENUE FOR RELIEF OF
TRAFFIC CONGESTION TO THE AREA.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Ydriam Alonso
ABSENT: None.
------------------------------------------------------------------------------
58. CONTINUE (TO OCTOBER 14TH MEETING) PROPOSED RESOLUTIONS TO:
(a) REQUEST APPROVAL OF A ZONING STUDY FOR THE BLOCK BOUNDED
BY CORAL WAY, S.W. 25 AVENUE, S.W. 22 TERRACE AND S.W. 27
AVENUE (2500-2698 S.W. 22 STREET), WHICH MAY LEAD TO
REZONING OF A PORTION OF SAID BLOCK; (b) REQUEST AMENDMENT
OF ZONING COVENANT RUNNING WITH THE LAND AT S.E. CORNER OF
S.W. 27 AVENUE AND CORAL WAY, WHICH RELATES TO PRIOR ZONING
APPLICATION REQUESTED BY APPLICANT; AND (c) REQUEST THAT
ACCESS BE PROHIBITED TO THE S.E. CORNER OF S.W. 27 AVENUE
AND CORAL WAY. (Applicant: Alena Coral Way Properties,
Inc.)
Mayor Suarez: Now, there is a...
Commissioner Plummer: What are we doing with this?
Mayor Suarez: Please, please. There is a controversial item, I think, of the
planning and zoning ones that is left here, having to do with the property of
Coral Way and 27th Avenue. Am I right or am I wrong about that?
350 September 27, 1993
Mr. Sergio Rodriguez (Assistant City Manager): Right.
Mayor Suarez: OK. There is... I get the feeling, folks... Who is here on
that item? What item is that? PZ what?
Mr. Rodriguez: PZ-5, 6 and 7.
Mayor Suarez: OK. I get the impression that I am not going to have a quorum
of this Commission to get to item PZ-5, 6 and 7. We've got three or four
emergency items that we have to take up. I mean, I am willing to be here.
But, we do have a rule about 9:00 p.m., and I just heard two Commissioners say
that they are not going to stay.
Commissioner Plummer: Bye, bye.
Mayor Suarez: Right. So, what is a good time that is most appropriate to
reschedule your item so that at least we give you a preference on getting to
your item?
Ms. Josefina Sanchez-Pando: The next coming Commission before election day.
Mayor Suarez: All right. Josefina speaks out of turn. But, maybe wisely.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Through the Mayor, sir.
Commissioner Alonso: Why can't we take this?
Mayor Suarez: Sir, if you want to come up to the mike, we'll hear you. I
know you are going to be upset. I know you'd like your item to be heard. I
dare say, we probably should have followed the order of the agenda. Which had
your item before the other one.
Mr. Arthur Edelblum: My name is Arthur Edelblum, I live at 2530 S.W. 22nd
Terrace. We waited last time until 9:45, we were not on the agenda at all.
Everybody went home. It was called again. Before we left last time, we heard
that the corporation that passed to build the shopping center had this already
in mind to make sure that their attorney would not be in town, and that we
would have it postponed again. We have all worked very hard to make sure that
we would have enough people here tonight. We don't want another postponement
again. Little by little, my neighbors and I are getting tired...
Mayor Suarez: You are getting worn out, I know.
Commissioner Alonso: Can we listen to this item?
Mr. Edelblum: ...of coming here and worn out.
Mayor Suarez: But...
351 September 27, 1993
Mr. Edelblum: ...last time we had about 80 people here. I don't think we
have 30 people here now. I want to have a hearing and have the zoning changed
back to where it was across the street from my house. I live...
Mayor Suarez: Well, the best thing that I can do, I think, is to guarantee
you as Josefina suggested, that we will hear this item before the election.
And, that means that we will hear it on the second meeting. It will be the
first, the very first zoning item. This item has to be taken up after 5:00
P.M.?
Mrs. Sanchez-Pando: This was a supposed to be the first zoning item of the
day.
Mr. Rodriguez: In the past...
Mrs. Sanchez-Pando: And, when I called they told me you are number one. And,
now we are number 5.
Mayor Suarez: I don't know why it was scheduled...
Mrs. Sanchez-Pando: And, we all came from work that...
Mayor Suarez: And it was stated to me that the prior item was an agreement.
It sure didn't look like an agreement to me at all. So, I was...
Mr. Edelblum: No. I would like to have single family homes back again across
the street from my house.
Mayor Suarez: I have a feeling that you have a lot of support on this
Commission. But, you know, I realize that the dwindling numbers of coming
back and back. But, let me tell you, you've got some impressive people in the
community that are with you, who have been activists in this community. I
don't know, I have a feeling you are going to do quite well.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: But, let me not prejudge that. The second meeting in October
was set for when?
Mr. Rodriguez: You didn't set it. But, you were discussing October the 21st.
Commissioner Plummer_: We changed it, that's the problem.
Commissioner Dawkins: Why...
Commissioner Alonso: We didn't.
Commissioner Dawkins: Why is it it has to be in a zoning meeting? We hear
other meetings on the zoning. Why can't we hear this zoning meeting at the
first meeting?
Mrs. Sanchez-Pando: Very good.
352 September 27, 1993
Commissioner Plummer: That's fine.
Mayor Suarez: Could we do it on the 14th of October, Mr. City...
Commissioner Alonso: Why not?
Commissioner Plummer: And, we've got time for the Ath of October?
Commissioner Dawkins: Why not?
Commissioner Alonso: Oh, the advertising.
Mayor Suarez: Why do we just keep asking the same question and never getting
an answer? Can you tell us whether we can or cannot do it on October the
14th, please, someone?
Mr. Rodriguez: You can do it... You can do it on October 14th. And, I
suggest that if you do it that day, do it after 5:00 p.m.
Mayor Suarez: All right. We continue this item then...
Commissioner Dawkins: Until October.
Mayor Suarez: ...until October 14th, at what time?
Mr. Rodriguez: In the past, they ask for 6:00 p.m. so that they would have
people over here. But, it is up to then.
Mayor Suarez: 6:00 p.m., first item.
Commissioner Dawkins: Not the first...
M. Sanchez-Pando: 6:00 p.m., the first item. If we come here and it's not
in item one...
Mayor Suarez: I guess you are going to vote against all of us.
Commissioner Dawkins: No, wait a minute.
Ms. Sanchez-Pando: No, no. I can't vote against you.
Commissioner Dawkins: Wait a minute. Wait, let me clear myself.
Ms. Sanchez-Pando : Yes.
Commissioner Dawkins: You come here at 6:00 o'clock.
Ms. Sanchez-Pando : Uh-huh .
Commissioner Alonso: We'll recognize it.
Commissioner Dawkins: And, whatever we are on when you get here...
Mayor Suarez: We'll interrupt it.
353 September 27, 1993
Commissioner Dawkins: ...when we stop that - when we finish that, you will be
the first item.
Ms. Sanchez-Pando: All right, very good. Good enough.
Ccomissioner Dawkins: OK. And, I want to make sure... I don't want you to
walk in here...
Mayor Suarez: October 14th at exactly 6:00 p.m. This will be the first time
in the history of the City of Miami we'll give a special setting...
Commissioner Alonso: OK. That's what they were told last time.
Mayor Suarez: ...and we'll stick to it. But, that is the least we can do for
you.
Mr. Edelblum: I would also like to have Mr. Fraga clean up the lot across the
street from my house. I'm full of rats continuously.
Mayor Suarez: In the meantime, Mr. Fraga, I would strongly suggest whatever
it is he is complaining - about the lot across his house - that you ought to
take care of that. Because it sounds like it would be very helpful to your
cause. All right...
Commissioner Plummer: What?
Mayor Suarez: ...the item is continued to - it's PZ what?
Mr. Rodriguez: Item PZ-5, 6 and 7.
Mayor Suarez: To October 14th...
Commissioner Plummer: I moved that it be deferred until October the 14th at
6:00 p.m.
Mayor Suarez: ...at 6 p.m. So moved.
Mr. Rodriguez: Continued.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not...
Commissioner Plummer: Continued, I am sorry.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INFO THE PUBLIC RECORD)
Mayor Suarez: Are there any additional notices other than this motion itself?
Mr. Rodriguez: We ever...
(INAUDIBLE BACKGROUND COWENTS NOT ENTERED INTO THE PUBLIC RECORD)
354 September 27, 1993
Mayor Suarez: Would you... OK, let's add that... Let's add the proviso that
the administration work with you to make sure that all the neighbors get
notice.
Commissioner Plummer: Good morning.
Commissioner Dawkins: Is PZ-10 controversial?
Mr. Stephen Helfman: No.
Mayor Suarez: Hey, wait a minute, we got to vote on this. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
i
MOTION NO. 93-610
A MOTION TO CONTINUE AGENDA ITEMS PZ-5, PZ-6, AND PZ-7
([a] PROPOSED RESOLUTION TO APPROVE A ZONING STUDY FOR
THE BIB GENERALLY BOUNDED BY CORAL WAY, S.W. 25
AVENUE, S.W. 22 TERRACE AND S.W. 27 AVENUE AND TO
.i INITIATE THE REZONING OF A PORTION OF SAID BLOCK; [b]
PROPOSED RESOLUTION TO REQUEST AMENDMENT AND
MODIFICATION OF ZONING COVENANT RUNNING WITH THE LAND
AT SOUTHEAST CORNER OF S.W. 27 AVENUE AND CORAL WAY;
[c] PROPOSED RESOLUTION TO PROHIBIT ACCESS TO THE
SOUTHEAST CORNER OF S.W. 27 AVENUE AND CORAL AWAY) TO
THE COMMISSION MEETING PRESENTLY SCHEDULED FOR OCTOBER
14, 1993 AT 6:00 P.M.
Upon being seconded by Comnissioner 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.
355 September 27, 1993
-----------------------------------------------------------------------------
59. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED SECOND
READING ORDINANCE TO AMEND 11000 TEXT TO ADD / CLARIFY
PARKING REQUIREMENTS FOR NEW CONSTRUCTION ON PROPERTIES OF
ONE-HALF ACRE OR 'LESS IN SD-2 COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT, ETC. (Applicant: Planning, Building &
Zoning Dept.). (See label 66)
------------------------------------------------------------------------------
Cottmissioner Plummer: Are we going to do pocket items?
Commissioner Alonso: PZ-4?
Commissioner Dawkins: J.L., but is PZ-10 controversial?
Commissioner Plummer: I don't know.
Mayor Suarez: We've got to dispose of any remaining planning and zoning. You
want to...
Vice Mayor De Yurre: Well, move 10.
Commissioner Alonso: PZ-4, please.
Commissioner Dawkins: Ten, move 10.
Mayor Suarez: Item PZ-10...
Commissioner Plummer: Ah, wait a minute now, damn it.
Commissioner Alonso: What is that?
Mayor Suarez: ...Item PZ-10 has been moved and seconded. Mary are you here
on that one?
Unidentified Speaker: No. I don't know what it is.
Commissioner Plummer: What is PZ-10? I don't know what it is.
Mr. Steve Helfman: No, Mary.
Mayor Suarez: Commissioner Plummer, may inquire.
Mr. Rodriguez: PZ-10 is a second.
Mayor Suarez: Commissioner Plummer may inquire PZ-10.
Mr. Helfman: See, it's...
Commissioner Plummer: Whoa, wait a minute. Let me find out what it is.
Mr. Helfman: ...Mayor it's... It's a second reading...
356 September 27, 1993
Mr. Helfman: It's a second reading. The staff is recommending approval. It
was unanimous on first reading.
Ms. Lourdes Slyzek: It's for half acre or less properties to join into the
parking trust fund in Coconut Grove. We've...
Mayor Suarez: What is it?
Commissioner Alonso: Second it.
Ms. Slyzek: ...made all the modification you requested at first reading and
this is second reading.
Commissioner Alonso: OK.
Mayor Suarez: Is there anyone that wishes to be heard against the application
of PZ-10. Let the record reflect that no one step... Yes. There is
opponents. OK.
Ms. Slyzek: There are opponents. I don't think that they are here.
Mayor Suarez: There are opponents.
Commissioner Plummer: Then... Then let's carry it over.
Ms. Slyzek: But...
Mr. Helfman: No, Mayor. There was absolutely no opponents...
Commissioner Dawkins: All right. Let's carry it over.
Mr. Helfman: ...and the gentleman...
Commissioner Dawkins: We'll have to carry it over.
Ms. Slyzek: Yes, there were.
Mayor Suarez: Well, but, you know... If she is - she is an...
Mr. Helfman: Can we have a vote on it?
Mayor Suarez: No. How can you have a vote on it if we don't get to hear from
the opposition.
Vice Mayor De Yurre: But we have a motion.
Commissioner Dawkins: We got to hear the controversial. We got to hear...
It's nine o'clock. I'm sorry.
Commissioner Plumper: Are we going to do pocket items?
Vice Mayor De Yurre: There is nobody to speak on this item.
357
September 27, 1993
Mayor Suarez: OK.
Commissioner Dawkins: Go ahead.
60. ACCEPT BID: LEADEX CORPORATION -- FOR CONSTRUCTION OF
ORANGE BOWL GROUND SOFTBALL FIELD (B-6214) -- EXECUTE
CONTRACT.
Commissioner Plummer: Can I do a pocket item, Mr. Mayor?
Commissioner Dawkins: Yes, go right ahead.
Mayor Suarez: All right. Wait a minute, wait a minute.
Commissioner Alonso: PZ-4.
Commissioner Plumper: What?
Commissioner Alonso: PZ-4. It is...
Mayor Suarez: Wait. The item is withdrawn, please. The movant and second
agree with that?
Commissioner Dawkins: Yes.
Mayor Suarez: All right. The item is off the table. Now, Mr. Vice Mayor,
yes.
Vice Mayor De Yurre: Mr. Mayor, my pocket is - I just handed this out. We
are going to build a softball field on the corner of 16th Avenue and 3rd
Street, Orange Bo 1. That's where we used to have that old baseball field
many years ago. There is nothing...
Commissioner Dawkins: Move it.
Vice Mayor De Yurre: ...like that in the area.
Commissioner Alonso: And, which is OK.
Vice Mayor De Yurre: And, we need that for the kids and the neighbors.
Mayor Suarez: So moved by Commissioner Dawkins.
Vice Mayor De Yurre: Second it.
Mayor Suarez: Seconded by the Vice Mayor.
Commissioner Plummer: Wait, wait, wait, whoa, whoa.
Mayor Suarez: Commissioner Plummer wants to inquire.
358
September 27, 1993
E
Commissioner Plummer: Excuse me. Is this in any way going to disrupt my
obli... our obligations to the University of Miami for parking?
Vice Mayor De Yurre: None, whatsoever.
Commissioner Dawkins: Yes, let them play softball before the game.
Vice Mayor De Yurre: when there is a game, you just park right over it.
Commissioner Plummer: OK.
Vice Mayor De Yurre: OK.
Commissioner Plummer: I mean, I don't understand why this is coping up as a
pocket. But...
Commissioner Alonso: Why?
Mayor Suarez: Moved and seconded.
Vice Mayor De Yurre: Because I need to get going on this.
Mayor Suarez: I hear you Mr. Hoffman., give us a break please. So that we can
handle the little softball field or whatever it is. Call the roll on the
item, please.
ty� i
I
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-611
A RESOLUTION ACCEPTING THE BID OF LEADEX
CORPORATION, IN A PROPOSED AMOUNT NOT TO
EXCEED $33,980.00 TOTAL BID OF THE PROPOSAL,
FOR ORANGE BOWL GROUND SOFTBALL FIELD
CONSTRUCTION PROJECT B-6214; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO.
404237, IN THE AMOUNT OF $33,980.00 TO COVER
r THE CONTRACT COST AND $7,639.00 TO COVER THE
ESTIMATED EXPENSES, FOR A TOTAL COST OF
$41,619.00; AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso
ABSENT: None.
COFbENI'S MADE DURING ROLL CALL:
Commissioner Alonso: No, I vote no. Because I don't }mow why I didn't know
about this.
------------------------------------------------------------------------------
61. AUTHORIZE ONE -DAY PERMIT TO DISPENSE ALCOHOLIC BEVERAGES IN
CONNECTION WITH OPENING NIGHT PARTY FOR THE FLORIDA PANTHERS
HOCKEY TEAM'S FIRST GAME.
Commissioner Plummer: Can I do my pocket item, please?
Vice Mayor De Yurre: Well, hold it. I am still doing mine.
Commissioner Plummer: Hay que...
360 September 27, 1993
Mayor Suarez: What's
the second item, Mr. Vice Mayor, quickly please?
Vice Mayor De Yurre:
Florida... The Florida Panthers need...
Commissioner Alonso:
Mr. Mayor.
Vice Mayor De Yurre:
...request permission to secure the area next to the
Arena on 9th Street.
They are going to have a big bash before the season
opener.
Commissioner Plummer:
Let them pay for it.
Vice Mayor De Yurre:
They just want the OK to sell alcohol. Not to sell but
to give it out, to dispense
it at -the party.
Commissioner Dawkins:
I vote no. Because, I am the chairperson of the Sports
Authority and they should have come through me. And, I vote no.
Commissioner Plummer:
I second it.
Mayor Suarez: You want to...
Commissioner Plummer:
I second the motion. Come on, let's get out of here.
Vice Mayor De Yurre:
OK.
Mayor Suarez: Is it
the motion - is to approve and second.
Commissioner Plummer:
The sale of alcoholic beverages by the Panthers.
Vice Mayor De Yurre:
That's right.
Mayor Suarez: OK, call the roll.
361 September 27, 1993
The following resolution was introduced by Vice Mayor De Yurre, who moved
its adoption:
RESOLUTION NO. 93-612
A RESOLUTION RELATED TO THE OPENING NIGHT PARTY FOR
THE FLORIDA PANTHERS HOCKEY TEAM'S FIRST GAME, TO BE
HELD AT THE NINTH STREET PROMENADE ON OC'TOBER 12,
1993, THEREBY AUTHORIZING A ONE DAY PERMIT TO DISPENSE
ALCOHOLIC BEVERAGES IN CONNECTION WITH SAID EVENT,
SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY
LAW.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
62. PERMIT COCONUT GROVE CHAMBER OF COMMERCE GROVEY HALLOWEEN
EVENT -- AUTHORIZE WAIVER OF ALL PERMIT FEES.
------------------------------------------------------------------------------
Commissioner Plummer: I have a pocket item, Mr. Mayor. To waive the fees
incurred with the Coconut Grove Chamber of Commerce Halloween Party in Coconut
Grove, to waive the fees and to set up the barricades. Because they are going
to have a children's program prior. Diverters.
Mayor Suarez: OK. So moved.
Commissioner Dawkins: Second it.
Commissioner Plummer: I move that all of the fees be waived and that
diverters be set up - at what time? Two hours earlier than originally
anticipated.
Mayor Suarez: Call the roll.
362 September 27, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-613
A RESOLUTION WAIVING THE RESTRICTION CONTAINED IN
SECTION 54-171(B)(5) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, WHICH ESTABLISHES THAT
APPLICATIONS FOR EVENTS IN THE COCONUT GROVE SPECIAL
EVENTS DISTRICT MUST BE SUBMITTED TO THE DEPARTMENT' OF
COMMUNITY DEVELOPMENT AT LEAST 120 AYS PRIOR TO THE
DATE OF SAID EVENT, THEREBY PERMITTING THE COCONUT
GROVE CHAMBER OF COMMERCE'S GROVEY HALLOWEEN EVENT TO
BE HELD ON OCTOBER 31, 1993; WAIVING ALL PERMIT FEES
AUTHORIZED AS WAIVABLE BY THE CITY CODE; AUTHORIZING
THE PLACEMENT OF BARRICADES AS OF 5:00 P.M. TO ASSURE
THE SAFETY AND WELFARE OF ALL THE CITIZENS CELEBRATING
HALLOWEEN IN THE AREA; SAID AUTHORIZATIONS SUBJECT TO
THE ORGANIZERS PAYING FOR ALL OTHER NECESSARY COSTS OF
CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID
EVENT AND OBTAINING ALL NECESSARY PERMITS AND
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
-----------------------------------------------------------------------------
63. CONDITIONALLY AUTHORIZE SALE OF UP TO 15,000 CUBIC YARDS OF FILL
MATERIAL FROM VIRGINIA KEY STOCKPILE TO METROPOLITAN DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCE MANAGEMENT (DERM) AT REDUCED
RATE -- FOR ENVIRONMENTAL ENHANCEMENT PROJECT.
Commissioner Dawkins: I got one. A resolution.
Mayor Suarez: Commissioner Dawkins is recognized.
Commissioner Dawkins: A resolution conditionally authorizing the sale of up
to 15,000 cubic yardS of fill material from the Virginia Key stock pile to
363 September 27, 1993
Metropolitan Dade County Department of Environmental Resources Management for
a current environmental enhancement project at a reduce rate of $1.00 per
cubic yard. The County through DERM will allocate sufficient funds from the
Biscayne Bay Restoration and Enhancement Program and will obtain additional
grant funds as may be required for the implementation of a shoreline
stabilization project at the City of Miami park and a minimum total cost of
$200,00.00. I so move.
Vice Mayor De Yurre: Second.
Mayor Suarez: Moved and second. Any discussion? I£ not, please call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-614
A RESOLUTION CONDITIONALLY AUTHORIZING THE SALE OF UP
TO FIFTEEN THOUSAND (15,000) CUBIC YARDS OF FILL
MATERIAL FROM THE VIRGINIA KEY STOCKPILE TO
METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL
RESOURCE MANAGE1= (DEW) FOR A CURRENT ENVIRONMENTAL
ENHANCEMENT PROJECT AT A REDUCED RATE OF ONE DOLLAR
($1.00) PER CUBIC YARD; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY DOCUMETLT S, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS SALE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller_ J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
364 September 27, 1993
--------------------------------------------------------------------------------
64. (Continued discussion) SUPPORT COCOANUT GROVE VILLAGE
COUNCIL'S REQUEST THAT THE METRO-DADE SUPERVISOR OF
ELECTIONS PLACE ON THE NOVEMBER 2, 1993 CITY OF MIAMI BALLOT
(ONLY AT APPROPRIATE PRECINCTS) THE SLATE OF CANDIDATES FOR
ELECTION TO THE COCOANUT GROVE VILLAGE COUNCIL. (See label
2)
Mayor Suarez: You've got the elections. There is no problem Mr. Leahy. Is
anyone having problems with the cooperation with the Coconut Grove...
Commissioner Plummer: I want to know if they are going to pay us the
$2,000.00 that it costs for the elections? What about the $2,000?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: How about $1,000 and we give you a cut rate? Uh? Oye.
Unidentified speaker: You could do that.
Mayor Suarez: I'll entertain a motion of the Cocoanut Grove Council
elections.
Vice Mayor De Yurre: Move it.
Mayor Suarez: Moved, by Vice Mayor.
Commissioner Dawkins: Second it.
Mayor Suarez: Second by Commissioner Dawkins.
Commissioner Plummer: All right. Mr. Mayor. In all honesty, Mary, what have
you done... What have you done to...
Commissioner Dawkins: Herb, you've got your approval.
Commissioner Plummer: ...overcome the bureau - the supervisor from elections?
He was concerned about some people been shot out in certain precincts and
would come down here and scream that they were not allowed.
Mr. Tucker Gibbs: Wait, what's happening is these people will be counted by
absentee ballot and the Village Council is going to be handling all the
absentee ballots in this election.
Commissioner Plummer: OK. And, you will take it upon yourself as the
council.
Mr. Gibbs: As the election committee. You are looking at him.
365 September 27, 1993
Commissioner Plummer: Election camiittee, to go out and notify those
people...
Mr. Gibbs: You better believe it.
Commissioner Plummer: ...who will be disenfranchised by not being in a given
precinct.
Mr. Gibbs: Exactly. And, some of them in Coral Gables, actually.
Commissioner Plummer: Uh?
Mr. Gibbs: Some of them live in Coral Gables.
Commissioner Plummer: What the hell did you say?
Mayor Suarez: Call the roll on the item, please. Please, please.
Mr. Gibbs: Thank you.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-615
A RESOLUTION OF THE MIAMI CITY COMMISSION
SUPPORTING THE COCOANUT GROVE VILLAGE
COUNCIL'S REQUEST THAT THE SUPERVISOR OF
ELECTIONS OF METROPOLITAN DADE COUNTY PLACE
ON THE NOVEMBER 2, 1993 CITY OF MIAMI
ELECTION BALLOT, AT THE APPROPRIATE PRECINCT,
A SLATE OF CANDIDATES FOR ELECTION TO THE
COCOANUT GROVE VILLAGE COUNCIL.
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.
366 September 27, 1993
-------------------------------------------------------------------------------
65. AUTHORIZE CITY MANAGER'S SUBMITTAL OF APPLICATION TO U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) -- FOR
PURPOSE OF QUALIFYING THE CITY OF MIAMI AS A LOAN
CORRESPONDENT MORTGAGEE. REGARDING PROCESSING OF HUD / FHA
INSURED LOANS.
Mayor Suarez: OK, this is the Herb Bailey one?
Vice Mayor De Yurre: OK, Mr. Mayor.
Commissioner Dawkins: This is the one.
Mayor Suarez: All right.
Commissioner Dawkins: Application to become a FHA mortgage underwriter. City
Manager recommends that we, the City of Miami, apply for...
Commissioner Alonso: Must be a better system. Has to be.
Commissioner Dawkins: ...an application to become an FHA mortgage
underwriter. I so move.
Vice Mayor De Yurre: Second.
Mayor Suarez: Moved and second. Any discussion? If not, please call the
roll.
Commissioner Plummer: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-616
A RESOLUTION AUTHORIZING TEE CITY MANAGER TO SUBMIT AN
APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT' (HUD) FOR THE PURPOSE OF QUALIFYING
THE CITY OF MIAMI AS A LOAN CORRESPONDENT MORTGAGEE IN
CONNECTION WITH THE PROCESSING OF HUD/FHA INSURED
LOANS; FURTHER AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO SUBMIT LOAN APPLICATIONS AND OTHER
APPROPRIATE DOCUMENTS TO U.S. HUD FOR INSURANCE OF
MORTGAGES AND TO CLOSE SAID HUD/FHA INSURED LOANS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
367 September 27, 1993
W
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
66. (Continued discussion) SECOND READING ORDINANCE: AMEND
11000 TEXT (ARTICLE 6, SECTION 602) -- TO ADD / CLARIFY
OFFSTREET PARKING REQUIREMENTS FOR NEW CONSTRUCTION ON
PROPERTIES OF ONE-HALF ACRE OR LESS IN THE SD-2 COCONUT
GROVE CENTRAL COMMERCIAL DISTRICT. (Applicant: Planning,
Building & Zoning Dept.) (See label 59)
------------------------------------------------------------------------------
Mayor Suarez: Now, PZ-10 and you were PZ-4.
Mr. Steve Helfman: PZ-4.
Commissioner Alonso: Nobody had 4.
Commissioner Plummer: Wait a minute. For the record.
Unidentified Speaker: PZ-1.
Mayor Suarez: Please. City staff, you can tell me anything you want by
having the City Manager tell me about it. You don't need to come up like if
you were some kind of member of the general public. Please, if there is
anything imp rtant to the administration, you know I'll sit here and I'll
listen to it.
Commissioner Plummer: May I... May inquire how our Manager...
Mayor Suarez: Now, PZ-10. There is no opposition. There was a motion. Can
that motion be restated?
Vice Mayor De Yurre: Approve PZ-10.
Mayor Suarez: I am looking at you, ma'am. But, I gather you are not in
opposition now any more.
Ms. Joyce Nelson: Well, as long as it includes what we talked about last
time, which was three properties, no tear downs, et cetera. Right?
368
September 27, 1993
Commissioner Dawkins: I second the motion.
Mr. Helfman: That's the recommendation.
Mayor Suarez: Mr. Helfman states into the record that all of that, as she
said, which made no sense to me whatsoever, he is in full agreement with it.
Mr. Helfman: Yes, and it is in the recommendations.
Mayor Suarez: We have a motion and a second. Do we, Madam City Clerk, on PZ-
10? There was one before.
Ms. Matty Hirai (City Clerk): I don't have... I am sorry, Mr. Mayor. I
don't have it.
Mayor Suarez: OK, please restate it then. Whoever was the movant.
Commissioner Alonso: Approve was presented to us.
Ms. Hirai: OK.
Mayor Suarez: Please, move it again. I need a movant and a second.
Ms. Hirai: Yes. Yes, sir.
Mayor Suarez: OK. Thank you.
[AT THIS TIME, THE CITY CLEW CALLED THE ROLL. IT WAS UNANDUUS.J
Ms. Miriam Maer: I have to read the ordinance.
Mayor Suarez: Now, PZ-4.
Mr. Helfman: Thank you.
Mayor Suarez: Let me clarify that on PZ-4...
Commissioner Plummer: Read...
Mayor Suarez: ...first of all, before Commissioner Plummer has the inevitable
question - what is it about? Which he is entitled to ask. Is there anyone in
opposition to the application at PZ-4?
Commissioner Plummer: Move.
Mayor Suarez: Let the record reflect no one stepped forward. We have a
motion by Commissioner Plummer.
A. Quinn .Tones III, Esq. (City Attorney): Is PZ-4 an ordinance as well?
Ms. Matty Hirai (City Clerk): Mr. Mayor.
Commissioner Alonso: Second it.
369 September 27, 1993
Mayor Suarez: Second it. I am sorry.
Ms. Hirai: I'm sorry, PZ-10 is an ordinance.
Mr. Jones: Yes, let me read it real quickly.
Mayor Suarez: All right, please read PZ-10 first, since we've voted on it.
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 6, SECTION 602. SD-2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT, TO ADD AND CLARIFY
OFFSTREET PARKING REQUIREMENTS FOR NEW DEVELOPMENT OF
ONE-HALF (1/2) ACRE OR LESS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of May 12, 1993, was
taken up for its second and final reading by title and adoption. On motion of
Vice Mayor De Yurre, seconded by Commissioner_ Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 11093.
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.
------------------------------------------------------------------------------
67. GRANT MAJOR USE SPECIAL PERMIT FOR CONSTRUCTION OF THE DOMINION TOWER
PARKING GARAGE AT 1400 N.W. 10TH AVENUE. (Applicant: The Brighton
Group, Ltd., a Florida Limited Partnership.)
Mayor Suarez: OK. On PZ-4, do we have a motion and a second?
Commissioner Plummer: I made the motion.
Commissioner Alonso: Yes.
370
September 27, 1993
Mayor Suarez: All right. Do we... Does the City Clerk reflect that we have
it? Do we have a second, Madam City Clerk?
Ms. Hirai: Yes, sir., we do.
Mayor Suarez: Thank you. Would you please read the ordinance, PZ-4. Is it
an ordinance?
Ms. Maer: It's a resolution.
Mayor Suarez: All right, call the roll on PZ-4 then.
The following resolution was introduced by Commissioner Plummier, who
moved its adoption:
RESOLUTION NO. 93-617
A RESOLUTION, WITH ATTACJ-iMEi+7r(S) , AUTHORIZING THE
DOMINION TOWER RETAIL, OFFICE AND PARKING STRUCTURE
MAJOR USE SPECIAL PERMIT, FOR THE PROPERTY LOCATED AT
1400 NORTHWEST LOTH AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), PURSUANT TO AN
APPLICATION FOR MAJOR USE SPECIAL PERMIT PROPOSED BY
THE BRIGHTON GROUP, LTD.; APPROVING SAID MAJOR USE
SPECIAL PERMIT AFTER CONSIDERING THE REPORT AND
RECOMMENDATIONS OF THE CITY OF MIAMI PLANNING ADVISORY
BOARD, SUBJECT TO THE CONDITIONS OF THE DEVELOPMENT
ORDER ATTACHED HERETO AS EXHIBIT "A", THE APPLICATION
FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY
REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF
LAW; PROVIDING THAT THE DEVELOPMENT ORDER SHALL BE
BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST;
PROVIDING FOR AN EFFECTIVE DATE; AND DIRECTING THE
CITY MANAGER TO TAKE ALL ACTIONS NECESSARY 110 FULFILL
THE CITY'S OBLIGATIONS UNDER THE DEVELOPMENT ORDER.
(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.
371 September 27, 1993
-AIN
------------------------------------------------------------------------------
68. RESCHEDULE SECOND CITY COMMISSION MEETING IN OOMBER TO TAKE PLACE ON
OCTOBER 21, 1993.
Mayor Suarez: We need to schedule that meeting of October...
Mr. Helfman: Thank you, Mr. Mayor.
Mayor Suarez: ...21st and it was going to be... All right.
Commissioner Plummer: What happened to the 21st...
Mayor Suarez: Is it finally going to be on the 21st, the meeting, or
not?
Mr. Rodriguez: It is up to you. Yes, that's possible that day.
Mayor Suarez: And, we can have the items that were...
Mr. Sergio Rodriguez (Assistant City Manager): Planning and zoning items
continued to that day.
Commissioner Alonso: So, what day is that?
Mayor Suarez: OK, does anyone have any great problems with the 21st
instead
of the 28th?
A. Quinn Jones III, Esq. (City Attorney): The 21st.
Mr. Rodriguez: The 21st is a Thursday.
Commissioner Alonso: We can have it as we pre... OK, great.
Anabel Nenrow, Esq.: Could I please address.
Mr. Rodriguez: You can do it, yeah.
Mayor Suarez: OK, ma'am.
Ms. Nemron: PZ-1 is not controversial. It's just we are seeking
special
exception for a drive -through.
Mayor Suarez: You are the victim of not been aggressive enough. All right,
can we just take a vote on this see if we can hold a forum for
you in
fairness. Call the roll on P - on the scheduling of the meeting then
for the
21st. Second meeting in October.
Commissioner Alonso: Move it.
372 September 27, 1993
The following resolution was introduced by Commissioner Alonso, who moved
its adoption:
RESOLUTION NO. 93-618
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF OCIIOBER, 1993 TO TAKE PLACE ON
OCTOBER 21, 1993.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
69. AFFIRM ZONING BOARD'S APPROVAL OF REQUEST FOR SPECIAL
EXCEPTION TO ALLOW A DRIVE -THROUGH FACILITY FOR A FINANCIAL
INSTITUTION AT 5800 N.W. 7 AVENUE. (Applicant: Great
Western Bank.)
Mayor Suarez: And, all the items that...
Commissioner Plummer: (INAUDIBLE)
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor.
Mayor Suarez: Yes. Mr. City Attorney, I will get to you.
Mr. Sergio Rodriguez (Assistant City Manager): That's OK.
Mayor Suarez: PZ-1. In fairness, ma'am. Is there anyone opposed to the
application of PZ-l? Let the record reflect that no one stepped forward. Is
that the one you are here for, sir? All of you. Does any Commissioner have
any problem with PZ-1? If not, I'll entertain a motion on it.
373 September 27, 1993
Mr. Rodriguez: We recommend approval.
Commissioner Alonso: Move it.
Mayor Suarez: And, the City... OK, moved by Commissioner...
Commissioner Dawkins: I second it.
Mayor Suarez: ... Seconded by Commissioner Dawkins. Call the roll on the
item.
The following resolution was introduced by Commissioner Alonso, who moved
its adoption:
RESOLUTION N0. 93-619
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD To
GRANT A SPECIAL EXCEPTION FROM ORDINANCE N0. 11000, AS
AMENDED, THE ZONING ORDINANCE OF' THE CITY OF MIAMI, ARTICLE
4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1
RESTRICTED COMMERCIAL, CONDITIONAL ACCESSORY USES, TO ALLOW
A DRIVE -THROUGH FACILITY FOR A FINANCIAL INSTITUTION,
SUBJECT TO RESERVOIR REQUIREMENTS ESTABLISHED IN SECTION
931.2 OF SAID ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT
5800 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA ALSO DESCRIBED AS
TRACT 1, DADE FEDERAL EDISON CENTER, AS RECORDED ON PLAT
BOOK 66 AT PAGE 7 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, AND TRACT 3, DADE FEDERAL EDISON CENTER, AS
RECORDED IN PLAT BOOK 67 AT PAGE 15 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL FOR
THE EAST PORTION ADM ZONED R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL FOR THE WEST PORTION OF THE SUBJECT PROPERTY;
SUBJECT TO THE FOLLOWING CONDITIONS: 1) CLEAR AND ADEQUATE
SIGNAGE MUST BE PROVIDED INDICATING DIRECTION OF TRAFFIC
CIRCULATION FOR THE DRIVE-THROUCi-i AND PARKING AREAS WITHIN
THE SITE; 2) APPLICANT MUST CONSTRUCT THE PORTION OF THE
"EDISON GATEWAY STREET IMPROVEMENTS", SPECIFICALLY PREPARED
BY THE CITY OF MIAMI DEPARTMENT OF PUBLIC WORKS, ALONG THE
NORTHWEST 7TH AVENUE FRONTAGE OF Tf-EE SUBJECT PROPERTY; SAID
SPECIAL EXCEPTION HAVING A TIME LIMITATION OF TWELVE (12)
MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
374 September 27, 1993
f
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.
COMMENTS MADE DURING ROLL CALL.
Commissioner Plummer: God damn it, I'm not.
Mayor Suarez: Item PZ-1, Commissioner...
Commissioner Plummer: I'd like to know what Great Western Bank is doing.
It's a very fine institution, but this is ridiculous...
Mayor Suarez: But, you know, I have to tell you. You caused it. I tell you
why. You told me that PZ-8 was agreed upon. That item was...
Commissioner Plummer: (INAUDIBLE)
Mayor Suarez: ...seven after hers. And, I took PZ-8 and there was no - not a
simple agreement - there was a bunch of people against it. So, PZ-1, in all
fairness, would have been taken first. So, I beg of you and plead of you...
Commissioner Plummer: Let's sit down and let's get rid of it. OK?
Mayor Suarez: All right. There was no opposition to it. It was moved and
seconded. Commissioner Plummer wants to inquire. Fairly, that's correct.
Commissioner Plummer: For the record...
Mayor Suarez: You are not going to say anything, ma'am. Because other than
your appearance. You haven't been sworn in yet. So, I am not sure we can take
your testimony.
Commissioner Alonso: We should take this item first.
Mayor Suarez: Commissioner Plummer, what do you need to hear about that staff
can explain.
Commissioner Plummer: For the record, sir, I informed you that the most of
the people were here, were here on item 8. And...
Mayor Suarez: And, that there was an agreement.
Commissioner Plummer: ...for that reason we wished to take item 8 out of
order.
375 September 27, 1993
Mayer Suarez: Maybe you weren't the one that told me about the agreement,
maybe someone else stated that. I am sorry.
Commissioner Plummer: Somebody give me an agenda.
Mayor Suarez: I am trying to - trying to put you on a spot so that we can...
Commissioner Plummer: OK, just tell me - I want to know what Great Western
Hank is contemplating to do.
Mayor Suarez: It's a fair question.
Commissioner Plummer: Is it drive-ins, or is it an expansion of the bank.
What are the bank going to do?
Commissioner Dawkins: Great Western Bank - is it this one on 7th Avenue and
58th Street?
Mr. Sergio Rodriguez (Assistant City Manager): Right.
Commissioner Dawkins: Great Western Bank has been robbed 16 times...
Commissioner Plummer: That doesn't surprise me.
Commissioner Dawkins: Yes, it's in my neighborhood. You are right. Yes, so
therefore...
(INAUDIBLE BACKGZGLW COMMENM NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Now, but what is this - what is this item in...
Commissioner Dawkins: They want to put a drive -through...
Mr. Rodriguez: A drive -through window.
Commissioner Dawkins: .,.window coming down the side, come in on 7th Avenue,
come out on 57th Street. And, without any people having to get out of their
car and being hit on the head.
Commissioner Plummer: All right. Mr. Manager, you are aware of my long
concern about drive-in and stacking cars off of the street.
Mr. Rodriguez: Yes.
Commissioner Plummer: Does that - does this bank comply with that?
Mr. Rodriguez: Yes, they do.
Commissioner Plummer: How many stacking will they have off of the street?
Mr. Rodriguez: They have, I believe, ten behind and one in front. That's per
the requirements of the ordinance.
376 September 27, 1993
Commissioner Plummer: How many? Ten?
Mr. Rodriguez: Ten and one.
Commissioner Plummer: And, that stacking comes off of 7th Avenue or off of
57th Street.
Commissioner Dawkins: Eight Avenue. Eight Avenue.
Mr. Rodriguez: It's inside the... It's inside the parking and comes off of
eighth.
Commissioner Plummer: On Eighth Avenue.
Commissioner Dawkins: Yes.
Mr. Rodriguez: Uh-huh.
Commissioner Plummer: OK, fine. Thank you.
Mayor Suarez: All right, does the Administration recommend...
Mr. Rodriguez: Approval.
Mayor Suarez: ...I believe you said you did. And, we don't need to hear from
the parties then since it's uncontroversial. We have a motion and a second.
Do we, Madam City Clerk?
Ms. Matty Hirai (City Clerk): Yes, Mr. Mayor.
Mayor Suarez: Is there an ordinance?
Ms. Hirai: It is a resolution.
Mr. Rodriguez: No, a resolution.
Mayor Suarez: Call the roll, then, please.
-------------------------------------------------------------------------------
70. CITY ATTORNEY INFORMS CITY COMMISSION OF OFFICIAL CHALLENGE
RECEIVED TO THE CANDIDACY OF RUBY FERIA, REGISTERED IN GROUP
I, FOR MAYOR -- NO ACTION TAKEN.
Mayor Suarez: Before we adjourned, Mr. City Attorney.
A. Quinn Jones III, Esq. (City Attorney): Yeah. Mr. Mayor there was a
Commission on late Friday I received a copy of a letter from Mr. Couch to...
Mayor Suarez: Oh, a challenge to the candidacy of one of the County - one of
the mayoral candidates.
Mr. Jones: Yeah, Ruby Feria.
377 September 27, 1993
N
Commissioner Alonso: City.
Mr. Jones: And, the...
Mayor Suarez: Is that something we need to act on?
Mr. Jones: Well, it is. Because under the City Charter, the City Code...
Mayor Suarez: We are the canvassing board.
Mr. Jones: ...that you have to es ablish and determine the qualifications of
candidates for City Commission of your own group.
Mayor Suarez: What is your recommendation?
Mr. Jones: Based on the information that we received from Mr. Leahy - I
should have said the City Clerk - it shows Ms. Feria's address as of November
2nd, 19... Sorry, I should have said as of July 31st, 1993 as 4041 S.W. 110th
Court, which I believe is in the County. And, of course, as of August 31st:,
the County .records show that her address was changed to 3099 S.W. 5th Street.
If in fact, that is in the City of Miami, it still would not comply with the
six month requirement for qualification.
Commissioner Plummer: What are you recommending we do?
Mr. Jones: I am recommending that in accordance with the Code provision,
you'd have to make a determination as to whether this person is qualified
to...
Commissioner Plummer: Again, what do you recommend...
Mr. Jones: I recommend that you act on the request of Mir. Couch to on term...
Commissioner Dawkins: What... As you interpreted it...
Commissioner Plummer: (INAUDIBLE)
Commissioner Dawkins: ...as you. interpret the law, what should we do, sir?
Mr. Jones: If in fact, and I don't' know if S.W. 5th Street is in the City.
And, if S.W. 5th Street is in the City of Miami...
Commissioner Plummer: What happens?
Mr. Jones: It's 3099 S.W. 5th Street.
Commissioner Plummer: That is definitely in the City of Miami.
Mr. Jones: OK. Which, according to the County records, It was changed on
August 31st...
Commissioner Dawkins: Which is not six months.
378 September 27, 1993
Ms. Matty Hirai. (City Clerk): Nineteenth. It's nineteenth.
Mr. Jones: And, of course, the City Code requires that in order to qualify
you would have had to reside at the City of Miami address six months prior to
qualification.
Commissioner Plummer: It won't hold up in court.
Commissioner Alonso: Huh?
Commissioner Plimmier: It won't hold up in court.
Commissioner Alonso: Why?
Commissioner Plummer: The courts have already ruled on another case that as
long as you are in the residence the day you would have sworn into office...
Mayor Suarez: The six months residency requirement has been...
Commissioner Plummer: ...Yeah, you know, it may or not be challenged. What
do you recommend we do?
Vice Mayor De Yurre: Take some action, right?
Commissioner Plummer: I'm asking what - you know - why am I paying big money
for.
Vice Mayor De Yurre: OK. I move that we take no action. That's it.
Commissioner Plummer: Well, that's the kind of response that I am getting
here. No action.
Vice Mayor De Yurre: Well, that's it.
Mayor Suarez: Why do we have to act on it today? Couldn't we decide on the
14th? We can know more about it.
Commissioner Alonso: I think we should take some action. That's it.
Mr. Jones: My recommendation would be that you take some action on it one way
or another.
Commissioner Alonso: Yes.
Mayor Suarez: Take some action.
Commissioner Plummer: What action do you recommend?
Vice Mayor De Yurre: J.L.
Commissioner Alonso: We are legally bound to do something.
Vice Mayor De Yurre: J.L., we cannot take any action. You know why?
379 September 27, 1993
Commissioner Plummer: Oh, my God. I don't...
Vice Mayor De Yurre: To begin with... To begin with you got to give the
person the chance to come h re and speak about it, to begin with. Forget
about, you know, due process. Number one...
Mr. Jones: Well, that's... I mean, the alternatives...
Vice Mayor De Yurre: Number two - listen up - number two, that what you are
talking about is just one of the many tests of evidence as to whether you
lived there or not. She...
Commissioner Plummer: Just...
Vice Mayor De Yurre: ...may have lived there for months and then she changed
the...
Commissioner Plummer: ...for the records, I was going to vote anyway that the
City Attorney recommended. Since, he will not recommend, I will not vote.
There is nothing to vote on.
------------------------------------------------------------------------------
71. RELEASE LATIN STARS, INC. OF ALL OBLIGATIONS CONTAINED IN
COVENANT TO RUN WITH THE LAND DATED MAY 1, 1989 -- DIRECT
DIRECTOR OF PUBLIC WORKS TO EXECUTE A RELEASE OF COVENANT.
-------------------------------------------------------------------------------
Mayor Suarez: OK, Madam Commissioner.
Commissioner Alonso: Yes, I have a pocket item.
Vice Mayor De Yurre: That's it.
Commissioner Alonso: A resolution with attachments releasing Latin Stars Inc.
of all the obligations containing the covenant to run with the land dated May
1st, 1989 and recorded in public record book 14089 at page 1623 of the
Florida - of the public records of Dade County, Florida. And, instructed the
director of Public Works to execute and release of covenant in substantially
the form attached to effectuate said purpose.
Commissioner Plummer: May I inquire?
Commissioner Alonso: And, I was asked by the Latin Quarter Association to
present this resolution.
Mayor Suarez: What is the effect? What does it do?
Commissioner Alonso: It is my understanding that they would like to present
something to the City of Miami to have some stars installed. And, they
have...
Commissioner Plummer: No, my concern... Excuse me, my concern is releasing
the Latin Stars, which was the original group, of any liability. Now...
380 September 27, 1993
1
Commissioner Alonso: Well, the previous liability, it is my understanding,
they have an insurance...
Commissioner Plummer: If somebody walked over...
Commissioner Alonso: ...that they paid and it is in effect. Is that correct?
Mr. Jim Kay: Right. That's right. They had a covenant.
Commissioner Plummer: For how long?
Commissioner Alonso: Ah?
Commissioner Plummer: How long is the insurance in effect? My concern is...
Mr. Kay: Was...
Commissioner Plummer: ...if somebody - they put the thing in the sidewalk
wrong, somebody walks dawn and trips and falls and breaks a leg, are we going
to be sued if we are releasing them of liability?
Commissioner Alonso: Well, the problem is this. If you don't, are you going
to have this ghost organization...
Commissioner Plummer: No, no.
Commissioner Alonso: ...owning that area for indefinite amount of time?
Commissioner Plummer: Why should we have to assume it?
Commissioner Alonso: No. This resolution...
Commissioner Plummer: Hey...
Commissioner Alonso: ...it is my understanding...
Commissioner Plummer: ...they can't sue if it's a corporation.
Commissioner Alonso: And, who prepared this - the legal department did?
Right? It is not passing the liability to the City of Miami.
(INAUDIBLE BACKGROUND CONMM NOT ENIERED INTO THE PUBLIC RECORD)
Commissioner Alonso: Here we are all ultimately responsible, I assume.
Mayor Suarez: Go ahead.
Commissioner Alonso: But, what about the insurance.
Ms. Natacha Millan: Commissioner, the Latin Stars Inc. has been dissolved as
a corporation. So, it will be very difficult to go after them...
Commissioner Alonso: After then anyway.
381 September 27, 1993
i
Ms. Millan: ...I am sure that certificate of insurance will be good until...
Mayor Suarez: And, this helps us to pass this in some way or another? It
helps us to pass this?
Ms. Millan: Well, what we want to do, is my understanding, is to have
somebody else take their place and assume liability.
Mayor Suarez: And, by releasing the Latin Soars...
Ms. Millan: We can have somebody else.
Mayor Suarez: ...somehow it gives us the ability to appoint who the Latin...
Commissioner Plummer: How about if we go dig all of them out that are there
now and eliminating the Latin...
Mr. Kay: Well.
Mayor Suarez: All right, if this is what's recommended...
Ms. Millan: That's what you want to do.
Mayor Suarez: ...I have no problem with it. Are you moving it?
Commissioner Alonso: Yes.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who moved
its adoption:
RESOLUTION NO. 93-620
A RESOLUTION, WITH ATTA0-iM=, RELEASING LATIN STARS,
INC. OF ALL THE OBLIGATIONS CONTAINED IN THE COVENANT
TO RUN WITH THE LAND DATED MAY 1, 1989, AND RECORDED
IN PUBLIC RECORDS BOOK 14089 ON PAGE 1623 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA; INSTRUCTING
THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A RELEASE OF
COVENANT, IN SUBSTANTIALLY THE ATTACHED FORM, TO
EFFECTUATE SAID PURPOSE.
382 September 27, 1993
(Here follows body of resolution, omitted here and on
file in the Office of the, City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
72. CONTINUE ALL AGENDA ITEMS, NOT TAKEN UP DURING TODAY'S
MEETING, TO THE MEETING PRESENTLY SCHEDULED FOR OCTOBER 21,
1993.
Mayor Suarez: All other items are continued until the meeting of October
21st.
Mr. Sergio Rodriguez (Assistant City Manager): Continued to October - first.
Mayor Suarez: Moved by Commissioner Alonso, who moved her finger. And,
seconded by the Vice Mayor who is back here walking around. Call the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 93-621
A MOTION TO CONTINUE ALL ITEMS IN THE PLANNING
AND ZONING AGENDA WHICH WERE NOT TAKEN UP IN
TODAY'S MEETING TO THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR OCTOBER 21, 1993.
Upon being seconded by Vice Mayor De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer
383 September 27, 1993
------------------------------------------------------------------------.-------
73. BRIEF COMMENTS CONCERNING PZ-3 (PROPOSED RESOLUTION TO
APPEAL VARIANCE DENIED BY ZONING BOARD TO ALLOW A PROPOSED
ADDITION TO A SINGLE FAMILY RESIDENCE AT 2601 S.W. 23
AVENUE). (Applicant: Jorge Carmenate.)
--------------------------------------------------------------------------------
Unidentified Speaker: We are PZ-3, and we've been
here since 3:30 thi:
afternoon, sir. And...
Unidentified Speaker: It is really a very easy issue.
It kind of like...
Commissioner Alonso: We don't have a quorum.
Unidentified Speaker: The problem with my roof is that
it's got the ninety or
it. And, they promised me that it would be...
Commissioner Alonso: No, Commissioner Dawkins is here.
Unidentified Speaker: Wait, wait, Commissioner...
Commissioner Alonso: What is PZ -3? I don't even know.
Mr. Sergio Rodriguez (Assistant City Manager): PZ-3
is an appeal to the
zoning board denial.
Mayor Suarez: Madam City Clerk, do you reflect as
this still being it
session. As long as we have enough...
Commissioner Dawkins: A quarter to nine.
Commissioner Alonso: No, no.
Unidentified Speaker: No one has.
Mayor Suarez: Is there any problem with this item from the Administratior
standpoint?
Mr. Rodriguez: Yeah, the PZ-3...
Mayor Suarez: PZ-3.
Mr. Rodriguez: We recommend against it. And, the...
Commissioner Alonso: Oh...
Mr. Rodriguez: ...zoning board recommended denial.
Mayor Suarez: Your best bet is to...
Commissioner Alonso: Is to...
384 September 27, 1993
Mayor Suarez: ...have the item continued. We actually voted to continue all
other items. So, you'll be on the agenda for the 21st...
Mr. Rodriguez: Twenty first.
Mayor Suarez: ...of October. Because, otherwise, today you are going to have
a negative vote.
Commissioner Alonso: Yes, and you only have three people.
Mayor Suarez: Right.
Commissioner Alonso: Let's say that one of us and...
Mayor Suarez: And, it's the recommendation is against from the
administration.
Commissioner Alonso: ...it's gone. So, you better have five Commissioners to
hear your case.
Mayor Suarez: We better hear exactly what it is about. OK.
(INAUDIBLE BACKGROUND Ca4 ENDS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Alonso: Yes.
Mayor Suarez: We are going to hear from you on the 21st . Their item, was
that included in the collective items?
Ms. Matty Hirai (City Clerk): Yes, sir.
Mayor Suarez: Very good.
THERE BEING NO FU M ER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:40 P.M.
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
M A Y 0 R
385
September 27, 1993