HomeMy WebLinkAboutCC 1992-01-09 Minutes(1
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* I N C 0 R P gf) IIAT E'B
I8 E 96
'd- S
OF MEETING HELD ON _JANUARY 9. 1992
REGULAR
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
'� City Clerk
INDEX
MINUTES OF REGULAR MEETING
JANUARY 9, 1992
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- ITEM
SUBJECT
LEGISLATION
PAGE
NO.
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---------------------------------
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NO.
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1.
PRESENTATIONS, PROCLAMATIONS &
SPECIAL
DISCUSSION
1
—
ITEMS.
1/9/92
2.
AUTHORIZE MANAGER TO IDENTIFY
$50,000
R 92-1
1-3
AS A REWARD FOR INFORMATION RESULTING
1/9/92
IN THE ARREST AND CONVICTION
OF THE
KILLERS) OF NORTH MIAMI POLICE
OFFICER
STEVEN BAUER.
3.
PRESENTATIONS, PROCLAMATIONS & SPECIAL
DISCUSSION
3
-
ITEMS (continued).
1/9/92
4.
COMMISSION WISHES SPEEDY RECOVERY TO
DISCUSSION
3
_
CITY MANAGER AND MAX CRUZ FROM THEIR
1/9/92
_
RECENTLY -SUSTAINED INJURIES.
5.
CONSENT AGENDA - GENERAL COMMENTS
DISCUSSION
4-6
CONCERNING VARIOUS CONSENT AGENDA
1/9/92
ITEMS.
5.1
EXTEND EXISTING CONTRACT WITH MANOLO
R 92-2
6
HORTA PAINTING, FOR PRESSURE CLEANING
1/9/92
SERVICES, IN CONJUNCTION WITH CITY'S
RESIDENTIAL PAINT PROGRAM (Community
Development Department)
5.2
ACCEPT BIDS: (a) ARISTON, INC., AND (b)
R 92-3
7
GRAPHIC SYSTEMS INSTALLERS - - FOR
1/9/92
FURNISHING AND INSTALLATION OF DECAL
MARKINGS FOR NEW POLICE PATROL VEHICLES
(Department of General Services
Administration and Solid Waste, Fleet
Management Division)
5.3 ACCEPT BID: PUBLIC SAFETY DEVICES - FOR R 92-4
FURNISHING VEHICLE PARTITION CONVERSION 1/9/92
KITS, LIGHTBARS AND ACCESSORIES FOR NEW
POLICE PATROL VEHICLES (Department of
General Services Administration and
Solid Waste / Fleet Management
Division).
5.4 ACCEPT BID: EVACO, INC. - FOR R 92-5
TYPESETTING, LAYOUT AND PRINTING OF 1/9/92
CITY'S COMPREHENSIVE ANNUAL FINANCIAL
REPORT (Department of General Services
Administration and Solid Waste, Graphic
Reproductions Division).
5.5 ACCEPT BID: SUE CURREY, INC. - FOR R 92-6
REWIRING AND UPGRADING OF FIRE ALARM 1/9/92
SYSTEM AT MANUEL ARTIME COMMUNITY
CENTER (Department of General Services
Administration and Solid Waste, Graphic
Reproductions Division).
5.6 APPROVE APPLICATION FOR TWO-DAY STATE R 92-7
LIQUOR PERMIT BY FOODSERVICE 1/9/92
EXHIBITIONS OF AMERICA, INC. FOR
DISPLAY OF PRODUCTS LICENSED UNDER
STATE BEVERAGE LAW (Coconut Grove
Convention Center).
5.7 AUTHORIZE MANAGER TO AMEND EXISTING R 92-8
AGREEMENTS WITH COMMUNITY BASED 1/9/92
ORGANIZATIONS (CBO): (a) MARTIN LUTHER
KING ECONOMIC DEVELOPMENT CORPORATION,
INC. (MLKEDC); (b) GREATER BISCAYNE
BOULEVARD CHAMBER OF COMMERCE, INC.
(GBBCC); (c) HAITIAN TASK FORCE, INC.
(HTF); AND (d) WYNWOOD COMMUNITY
ECONOMIC DEVELOPMENT CORPORATION, INC.
(WCEDC) - ALLOCATE FUNDS FROM 17TH YEAR
CDBG.
7
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E�3
0
0
AML
_ 5.8 EXECUTE AGREEMENT WITH JOSE FABREGAS
R 92-9
FOR PROFESSIONAL SERVICES CONCERNING
1/9/92
DEVELOPMENT AND CONSTRUCTION
SUPERVISION OF CITY -SPONSORED SCATTERED
SITE AFFORDABLE HOMEOWNERSHIP PROGRAM,
THE ST. HUGH OAKS VILLAGE PROJECT, AND
TO CONDUCT INSPECTIONS OF RENOVATION
ACTIVITIES AT COUNTY -OWNED PUBLIC
HOUSING PROJECTS (CIP 321034). (Note:
This item was later reconsidered and
deferred to next meeting - see label
20.)
5.9 AUTHORIZE AGREEMENT WITH REGINALD A.
R 92-10
BARKER, AICP, FOR PROFESSIONAL PLANNING
1/9/92
SERVICES IN CONJUNCTION WITH COMPLETION
OF APPLICATION FOR DEVELOPMENT APPROVAL
_ AND DEVELOPMENT ORDER(S) FOR INCREMENT
II OF SOUTHEAST OVERTOWN / PARK WEST
DEVELOPMENT OF REGIONAL IMPACT (DRI)
(Project 689001).
5.10 ALLOCATE $18,000 AS COMPENSATION FOR
R 92-11
SPECIAL COUNSEL TO CIVIL SERVICE BOARD.
1/9/92
5.11 ACCEPT PLAT: GUERRA SUBDIVISION. R 92-12
1/9/92
5.12 ESTABLISH SPECIAL CHARGES FOR USE OF R 92-13
BOBBY MADURO MIAMI BASEBALL STADIUM BY 1/9/92
RELAX BARBER SHOP, INC. - FOR
PRESENTATION OF MUSICAL BANDS, HAITIAN
FOLKLORE DANCES AND SOCCER GAMES, IN
HONOR OF MARTIN LUTHER KING'S BIRTHDAY.
5.13 CLAIM SETTLEMENT: LISSETTE
ALVAREZ-
R 92-14
GUARDIOLA AND JESUS
GUARDIOLA
1/9/92
($65,000).
5.14 CLAIM SETTLEMENT: LEONEL DIAZ
LEON AND
R 92-15
DELORES LEON ($50,000).
1/9/92
5.15 CLAIM SETTLEMENT: MICHAEL
ZIEGLER
R 92-16
($85,000)
1/9/92
10
10
11
11
11-12
12
12
12-14
1
0
6. DISCUSSION CONCERNING MR. ANTHONY
BARRIGA'S PROPOSED PLAN CONCERNING
HANDICAPPED ACCESS TO THE ORANGE BOWL
AND OTHER CITY FACILITIES - DIRECT CITY
ATTORNEY TO DRAFT LEGISLATION TO FORM A
HANDICAPPED ADVISORY COMMITTEE -
APPOINT MR. BARRIGA TO SAID COMMITTEE
WHEN IT IS FORMED.
7. (A) VICE MAYOR ALONSO COMMENDED
ADMINISTRATION ON A BETTER
REPRESENTATION OF MINORITIES AND LOCAL
VENDORS IN CONTRACTS LISTED IN THE
CONSENT AGENDA.
(B) DISCUSSION REGARDING PROTESTS FILED
ALLEGING LACK OF POLICE RESPONSE TO
BURGLAR ALARMS. (See label 35)
DISCUSSION
1/9/92
DISCUSSION
1/9/92
8. RESCHEDULE MEETING OF FEBRUARY 27TH TO R 92-17
TAKE PLACE ON FEBRUARY 18, 1992. 1/9/92
9. DISCUSSION CONCERNING RECENTLY- DISCUSSION
APPOINTED CITY EMPLOYEE TO TEMPORARILY 1/9/92
MANAGE AND OPERATE DINNER KEY BOATYARD
(LAWRENCE TERRY, JR.)
1Q. A. DISCUSSION CONCERNING RECENT DISCUSSION
ELECTRICAL POWER OUTAGE AT ORANGE BOWL 1/9/92
DURING HURRICANES GAME.
B. DISCUSSION CONCERNING ORANGE BOWL
RENOVATIONS.
11. CLOSE DESIGNATED STREETS IN CONNECTION R 92-18
WITH UNIVERSITY OF MIAMI CHAMPIONSHIP 1/9/92
PARADE TO CELEBRATE MIAMI HURRICANES
VICTORY AT ORANGE BOWL - AUTHORIZE
PROVISION OF IN -KIND SERVICES.
12. SECOND READING ORDINANCE: AMEND CODE ORDINANCE
SECTION 2-422 (INTERNATIONAL TRADE 10939
BOARD) - MODIFY QUORUM REQUIREMENT AND 1/9/92
NUMBER OF VOTES REQUIRED FOR BOARD
ACTION.
13. SECOND READING ORDINANCE: AMEND CODE ORDINANCE
SECTION 54-104 (STREETS AND SIDEWALKS / 10940
NONSTANDARD STREET WIDTHS) BY MODIFYING 1/9/92
WIDTH OF CERTAIN STREETS.
14-17
17-27
27-28
29-38
38-45
45-46
46-47
47-48
14. SECOND READING ORDINANCE: AUTHORIZE ORDINANCE
ISSUANCE OF PARKING SYSTEM REVENUE 10941
BONDS, SERIES 1992 ($7,500,000) FOR 1/9/92
PURPOSE OF REFUNDING THE CITY'S
SUBORDINATED PARKING SYSTEM REVENUE
BONDS, SERIES 1986 AND 1990, AND CITY'S
OBLIGATIONS UNDER PARTICIPATION
AGREEMENT WITH FIRST MUNICIPAL LOAN
COUNCIL.
15. SECOND READING ORDINANCE: ESTABLISH ORDINANCE
NEW SPECIAL REVENUE FUND: OFFICE OF 10942
INTERGOVERNMENTAL LIAISON (PY 191) - 1/9/92
APPROPRIATE $60,000 FROM SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM
(SFETC) .
16. FIRST READING ORDINANCE: ESTABLISH NEW ORDINANCE
SPECIAL REVENUE FUND: DADE COUNTY EMS FIRST READING
GRANT AWARD (FY 192) - APPROPRIATE 1/9/92
$297,653, CONSISTING OF $118,955 GRANT
APPORTIONED BY METROPOLITAN DADE
COUNTY, $167,882 IN FUND CARRY-OVER
FROM PREVIOUS EMS GRANT AWARDS, $6,816
IN ACCRUED INTEREST EARNINGS, AND
$4,000 INTEREST EARNINGS.
17. ESTABLISH CHARGES, TERMS AND CONDITIONS R 92-19
FOR USE OF ORANGE BOWL STADIUM BY THE 1/9/92
PROFESSIONAL SPRING FOOTBALL LEAGUE.
18. EXECUTE A PURCHASE AND SALE AGREEMENT
FOR PROPERTY KNOWN AS FORMER FIRE
STATION NO. 9 (7561 N.E. 1 AVENUE) WITH
PATRICK AND YVROSE BEAUREGARD,
PRINCIPALS OF HOPE PRE-SCHOOL, INC. -
FOR PURPOSES OF OPERATING A DAY CARE
CENTER.
19. (A) DISCUSSION CONCERNING PROPOSED
RESOLUTION TO APPROVE FINDINGS OF THE
CONSULTANT SUBCOMMITTEE AS TO THE MOST
QUALIFIED TEAMS TO PROVIDE PROFESSIONAL
SERVICES FOR THE DESIGN, PREPARATION OF
CONSTRUCTION DOCUMENTS, AND
CONSTRUCTION ADMINISTRATION OF AN
OLYMPIC POOL COMPLEX FOR CHARLES HADLEY
PARK.
(B) DISCUSSION CONCERNING PRESENT
GUIDELINES GOVERNING SELECTION OF SAID
TEAMS (Temporarily deferred - See
labels 25, 46 & 49).
R 92-20
1/9/92
DISCUSSION
1/9/92
48-50
51
52-54
54-55
55-78
78-90
n
a
RECONSIDER PRIOR VOTE ON RESOLUTION M 92-21
20.
AUTHORIZING AGREEMENT WITH JOSE
1/9/92
FABREGAS FOR PROFESSIONAL SERVICES
CONCERNING DEVELOPMENT AND CONSTRUCTION
SUPERVISION OF CITY -SPONSORED SCATTERED
SITE AFFORDABLE HOMEOWNERSHIP PROGRAM,
THE ST. HUGH OAKS VILLAGE PROJECT, AND
TO CONDUCT INSPECTIONS OF RENOVATION
ACTIVITIES AT COUNTY -OWNED PUBLIC
HOUSING PROJECTS (CIP 321034). (See
label 5.8)
21.
AUTHORIZE EXECUTION OF A TERMINATION OF
R 92-22
REVERTER TERMINATING THE RIGHT OF ENTRY
1/9/92
AND RIGHT OF REVERTER HELD BY CITY
PURSUANT TO TWO PRIOR DEEDS FROM CITY
TO ST. JOHN COMMUNITY DEVELOPMENT
CORPORATION, INC. - ACCEPT FILING OF
RESTRICTIVE COVENANT IN LIEU OF RIGHT
OF REVERTER.
22.
BRIEFLY DISCUSS AND DEFER PROPOSED
DISCUSSION
RESOLUTION TO RENEW EXISTING CONTRACT
1/9/92
WITH AUTOMATED MEDICAL SERVICES, INC.
FOR COLLECTION OF EMERGENCY MEDICAL
TRANSPORTATION FEES. (Deferred to
January 23, 1992.)
23.
DISCUSS AND DEFER CONSIDERATION OF
M 92-23
PROPOSED RESOLUTION TO ACCEPT BIDS FOR
1/9/92
OFFICE SUPPLIES. (Deferred to second
meeting in January.)
24.
BRIEFLY DISCUSS AND TABLE CONSIDERATION
DISCUSSION
OF PROPOSED PLAN BY MCI TO DEVELOP THE
1/9/92
FLORIDA RELAY SERVICES FOR THE HEARING
IMPAIRED (A TELECOMMUNICATION RELAY
SERVICE PROJECT FOR THE STATE OF
FLORIDA) WITHIN CITY LIMITS (See labels
29 & 50) .
25.
(continued discussion) CONCERNING
M 92-24
SELECTION OF MOST QUALIFIED TEAM TO
119/92
PROVIDE PROFESSIONAL SERVICES FOR THE
DESIGN, PREPARATION OF CONSTRUCTION
DOCUMENTS, AND CONSTRUCTION
ADMINISTRATION OF AN OLYMPIC POOL
COMPLEX FOR CHARLES HADLEY PARK -
AUTHORIZE MANAGER TO APPOINT NEW
COMPETITIVE SELECTION COMMITTEE FOR
PURPOSE OF REBIDDING SAID PROFESSIONAL
SERVICES (See labels 19, 46 & 49)
V1.4501111
101-102
102-105
106-109
109-131
26.
AUTHORIZE MANAGER TO SIGN -OFF ON
R 92-25
132-133
-
ARTICLE 28 FOR ITS INCORPORATION INTO
1/9/92
COLLECTIVE BARGAINING AGREEMENT WITH
-
SANITATION EMPLOYEES ASSOCIATION (See
label 28).
27.
INCREASE COMPENSATION TO DANIELS,
R 92-26
133-139
KASHTAN AND FORNARIS, PA, LEGAL
1/9/92
-
CONSULTANTS SERVING AS CO -COUNSEL
CONCERNING CASE OF McNEW MARINE
CONSTRUCTION, INC. VS. CITY OF MIAMI
VS. RONALD A. FRAZIER AND ASSOCIATES,
ET AL.
28.
(continued discussion) ADDITIONAL
DISCUSSION
139-147
COMMENTS CONCERNING INCORPORATION OF
1/9/92
ARTICLE 13 CONCERNING MEDICAL INSURANCE
(HMO's) INTO COLLECTIVE BARGAINING
—�
AGREEMENT WITH SANITATION EMPLOYEES
_
ASSOCIATION (See label 26).
29.
(Continued discussion) PROPOSED PLAN BY
DISCUSSION
147-185
-
MCI TO DEVELOP THE FLORIDA RELAY
1/9/92
SERVICES FOR THE HEARING IMPAIRED (A
TELECOMMUNICATION RELAY SERVICES
PROJECT FOR THE STATE OF FLORIDA)
WITHIN CITY LIMITS (temporarily tabled)
(See labels 24 & 50)
30.
AUTHORIZE AMENDMENTS TO LEASE AGREEMENT
R 92-27
185-186
WITH E-Z-GO, DIVISION OF TEXTRON, INC.,
1/9/92
FOR PROVISION OF 140 GOLF CARTS FOR
MELREESE AND MIAMI SPRINGS GOLF
COURSES.
3 31.
AUTHORIZE FURNISHING AND INSTALLATION
R 92-28
186-192
OF STEEL PICKET FENCE AT LUMMUS PARK
1/9/92
i
FROM FENCE MASTERS, INC. (CIP 331042).
32.
DISCUSSION CONCERNING FEDERAL'S
DISCUSSION
192-195
GOVERNMENT'S DECISION TO USE THE NAVAL
1/9/92
-
RESERVE CENTER AS SHELTER FOR MIAMI'S
HOMELESS - REPORT BY MANAGER AS TO
STEPS TAKEN BY ADMINISTRATION
CONCERNING POSSIBLE SITES SWAP.
33.
DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION
195-200
PROPOSED RESOLUTION TO ACCEPT BID OF
1/9/92
MARTIN LAMAR UNIFORMS FOR FURNISHING
UNIFORMS AND ACCESSORIES FOR POLICE
DEPARTMENT (Defer to the second meeting
in January).
34. (A) DISCUSS AND DEFER CONSIDERATION OF DISCUSSION 200-201
PROPOSED RESOLUTION TO ACCEPT PROPOSAL 1/9/92
OF MOTOROLA, INC. / MDV (MOBILE DATA
DIVISION) FOR PURCHASE OF MOBILE
DIGITAL TERMINALS, SOFTWARE AND SUPPORT
SERVICES FOR POLICE DEPARTMENT.
(B) COMMENTS BY COMMISSIONER PLUMMER
CONCERNING PRESENT ACTION BY METRO-DADE
TO SPEND $30,000,000 IN UNIFICATION OF
THE SYSTEM TO MAKE IT COMPATIBLE WITH
THE CITY'S.
35.
(A) COMPLAINT BY ELBA MORALES
DISCUSSION
202-244
CONCERNING ALLEGED POLICE NEGLIGENCE IN
1/9/92
RESPONDING TO HER NOTIFICATION OF A
BREAK-IN AT 701 N.W. 36 AVENUE.
(B) CONTINUED DISCUSSION CONCERNING
(a) DEPLOYMENT OF POLICE AND (b) LACK
OF POLICE RESPONSE TO BURGLAR ALARMS
(See label 7).
36.
AUTHORIZE AMENDMENT TO THE STORMWATER
R 92-29
244-246
SERVICE CHARGE COLLECTION AGREEMENT
1/9/92
WITH METROPOLITAN DADE COUNTY, DATED
MAY 17, 1988.
37.
ACCEPT / REAPPOINT MEMBERS TO THE
R 92-30
246-249
PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH
1/9/92
FLORIDA (REAPPOINTED WAS: MELVIN
(SKIP) CHAVES; APPOINTED WAS: DOROTHY
GRAHAM).
38.
APPOINT / REAPPOINT INDIVIDUAL TO THE
R 92-31
249-250
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
1/9192
BOARD (Reappointed was: William
Chavez, Jr.)
39.
BRIEF COMMENTS CONCERNING DIFFICULTY IN
DISCUSSION
250
IDENTIFYING INDIVIDUALS TO SERVE AS
1/9/92
MEMBERS OF THE MIAMI STREET
CODESIGNATION REVIEW COMMITTEE -
APPOINTMENT OF INDIVIDUALS DEFERRED TO
FUTURE MEETING.
40.
APPOINT / REAPPOINT INDIVIDUALS TO
R 92-32
250-251
SERVE AS MEMBERS ON THE CITY OF MIAMI
1/9/92
URBAN DEVELOPMENT REVIEW BOARD
(Reappointed was: Raqueeb Albaari; 3
appointments still pending).
41. APPOINT / REAPPOINT INDIVIDUALS TO M 92-33
SERVE ON THE COCONUT GROVE STANDING 1/9/92
FESTIVAL COMMITTEE (Reappointed was:
Ms. Randi Ratiner - See label 43).
42 APPOINT / REAPPOINT PUBLIC MEMBERS TO R 92-34
THE CIVIL SERVICE BOARD (Reappointed 1/9/92
were: Nelly Zamora, George H. Adams
and Gerald Silverman).
43. (Continued Discussion) APPOINT / R 92-35
REAPPOINT INDIVIDUALS TO SERVE ON THE 1/9/92
COCONUT GROVE STANDING FESTIVAL
COMMITTEE (Reappointed was: A. Vicky
Leiva, Esq. - See label 41).
44. ACCEPT BID: PROJECT DEVELOPMENT GROUP, R 92-36
INC. ($729,920 - TOTAL BID) FOR ORANGE 1/9/92
BOWL MODERNIZATION PROJECT PHASE II
(1992) - ASBESTOS -CONTAINING MATERIALS
REMOVAL B-6200 - REQUIRE PROJECT
DEVELOPMENT GROUP TO POST INDEMNITY
BOND.
252-253
253-254
254-255
255-261
45. PERSONAL APPEARANCE BY GLORIA ROSELLO
DISCUSSION 261-268
CONCERNING CITY OF MIAMI TEMPORARY
1/9/92
EMPLOYEES, SPECIFICALLY, THE SITUATION
INVOLVING CARLOS POMARES, PRESENTLY A
TEMPORARY EMPLOYEE WITH PARKS
DEPARTMENT.
46. CONTINUED DISCUSSION CONCERNING
DISCUSSION 268-269
SELECTION OF THE MOST QUALIFIED TEAM TO
1/9/92
_ PROVIDE PROFESSIONAL SERVICES FOR THE
DESIGN, PREPARATION OF CONSTRUCTION
DOCUMENTS, AND CONSTRUCTION
ADMINISTRATION OF AN OLYMPIC POOL
SWIMMING COMPLEX FOR CHARLES HADLEY
PARK - REQUEST MANAGER TO PROVIDE NEW
MEMBERS FOR SELECTION COMMITTEE - CITY
- ATTORNEY INFORMS THAT PURSUANT TO CITY
CODE, THE CHAIRPERSON OF SAID COMMITTEE
MUST BE A DEPARTMENT DIRECTOR OR
PRINCIPAL USER OF THE FACILITY (See
labels 19, 25 & 49).
47. AUTHORIZE RESIDENTS FROM THE
M 92-37 270-271
MORNINGSIDE AREA TO GO FORWARD WITH THE
1/9/92
PERMANENT INSTALLATION OF BARRICADES IN
THEIR AREA, GIVEN THAT BIDS ARE NOW IN
AND THE MONEY COLLECTED BY THE
RESIDENTS IS IN PLACE.
•
48. PERSONAL APPEARANCE BY RAFAEL FERNANDEZ DISCUSSION 271-276
REQUESTING USE OF MIAMI MARINE STADIUM 1/9/92
IN CONNECTION WITH CONFERENCE OF
CONFIDENCE EVENT - REFER TO
ADMINISTRATION TO IDENTIFY ALTERNATE
SITE.
49. (continued discussion) REJECT SELECTION R 92-38 276-277
COMMITTEE'S RECOMMENDATION AS TO MOST 1/9/92
QUALIFIED TEAM TO PROVIDE PROFESSIONAL
SERVICES FOR THE DESIGN, PREPARATION OF
CONSTRUCTION DOCUMENTS, AND
CONSTRUCTION ADMINISTRATION OF AN
OLYMPIC SWIMMING POOL COMPLEX FOR
CHARLES HADLEY PARK - APPOINT HERBERT
BAILEY AS CHAIRMAN OF NEWLY -CONSTITUTED
SELECTION COMMITTEE (See labels 19, 25
& 46).
50. (A) (Continued discussion) APPROVE R 92-39 278-289
TERMS OF AGREEMENT WITH MCI TO DEVELOP ORDINANCE
THE FLORIDA RELAY SERVICES PROJECT FOR 10943
THE HEARING IMPAIRED (A 1/9/92
TELECOMMUNICATION RELAY SERVICES
PROJECT FOR THE STATE OF FLORIDA)
WITHIN CITY LIMITS.
(B) AMEND CODE ARTICLE VIII, CHAPTER
54, TO CONFORM WITH PERTINENT STATE
STATUTE AS TO COMPENSATION, LICENSE AND
PERMITTING FEES, ETC. (See labels 24 &
29) .
51.
DISCUSSION CONCERNING THE DISPARITY
DISCUSSION
289-305
STUDY - INSTRUCT MANAGER TO FOLLOW
1/9/92
THROUGH WITH THIS PROJECT AND TO BRING
BACK MORE PRECISE AND UPDATED DATA ON
SAID ISSUE.
52.
GRANT REQUEST BY BIPRISA FOR USE OF
R 92-40
305-307
DESIGNATED STREETS DURING THE JOSE
1/9/92
MARTI PARADE.
53.
GRANT REQUEST TO AMEND RESOLUTION 91-
R 92-41
307-308
854 TO ALLOW CHANGE IN DATE OF THE
1/9/92
MARTIN LUTHER KING PARADE - APPROVE
GRANTING IN -KIND SERVICES ($10,000).
54.
GRANT REQUEST BY REPRESENTATIVES OF THE
R 92-42
308-312
DISCOVERY SHIPS TO MIAMI EVENT FOR IN-
1/9/92
KIND SERVICES NOT TO EXCEED $50,000.
55. REVERSE ZONING BOARD'S DENIAL OF R 92-43
SPECIAL EXCEPTION TO ALLOW CONSTRUCTION 1/9/92
AND OPERATION OF A PACKAGE LIQUOR STORE
AT 3101 BISCAYNE BOULEVARD (FOR
CONSUMPTION OFF PREMISES ONLY) - GRANT
SPECIAL EXCEPTION ON REDUCTION IN
DISTANCE SEPARATION REQUIREMENT FROM
EXISTING BOULEVARD PACKAGE LIQUOR
STORE, WITH PROVISOS (Owner /
Applicant: 3101 Associates Ltd.)
313-338
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 9th day of January, 1992, the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall. 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 9:06 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor Alonso then led
those present in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
------------------------------------------------------------------------------
1. Commendations to Officers: Jose Alvarez and James Plotter, for having
been selected Most Outstanding Officers for the month of November 1991.
2. AUTHORIZE MANAGER TO IDENTIFY $50,000 AS A REWARD FOR INFORMATION
RESULTING IN THE ARREST AND CONVICTION OF THE KILLERS) OF NORTH MIAMI
POLICE OFFICER STEVEN BAUER.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes.
0
1 January 9, 1992
0
•
Commissioner Plummer: Mr. Mayor, if I may, in conjunction - Mr. Manager, you
better listen to thi3. Mr. Mayor, we have all experienced the tragedy that
has taken place the start of the new year. I would like to offer a motion at
this time as I did when the policeman was killed in Broward County, and that
this City realizing that any policeman is a policeman for all of our people.
I would like to see this City Commission do the same as what we did previously
in Broward County, not to put up the dollars in cash but fifty thousand dollar
reward leading to the arrest and conviction of those who perpetrated this
horrendous, cold-blooded murder of a policeman. It would only be for a period
of ninety days that would be in existence. And Mr. Mayor, at this time, I
would offer a resolution that this City, offer as we did before, the same
terms and conditions for a period of ninety days to bring about hopefully, the
perpetrators of that horrendous crime and bring them to the trial and
hopefully, to a conviction. I so move, Mr. Mayor.
Mayor Suarez: So moved.
Vice Mayor 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. 92-1
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO MAKE FUNDS AVAILABLE IN THE TOTAL AMOUNT OF
$50,000 AS REWARD FOR INFORMATION LEADING UP TO OR
RESULTING IN THE ARREST AND CONVICTION OF THE KILLER
OF STEVEN BAUER; FURTHER STIPULATING THAT SAID ARREST
MUST TAKE PLACE WITHIN 90 DAYS FROM THE DATE OF THIS
RESOLUTION AND THAT SUCH REWARD SHALL REMAIN IN EFFECT
UNTIL JANUARY 31, 1993, WITH FUNDS TO BE MADE
AVAILABLE FROM FISCAL YEAR 1992 AND FISCAL YEAR 1993
FUNDS; FURTHER STIPULATING THAT THIS REWARD IS NOT
APPLICABLE TO LAW ENFORCEMENT OFFICERS; ALSO PROVIDING
THAT THE CHIEF OF POLICE OF THE CITY OF NORTH MIAMI,
FLORIDA, SHALL BE THE OFFICIAL ADMINISTERING THIS
REWARD.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
2 January 9, 1992
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
3. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS (continued).
-------------------------------------------------------------------------------
1. Commendations to: Oscar Valido and Charles S. Postis, for their
contribution through the Labor -Management Partnership to saving in the
City Garage and the Police Department Building.
------------------------------------------------------------------------------
4. COMMISSION WISHES SPEEDY RECOVERY TO CITY MANAGER AND MAX CRUZ FROM
THEIR RECENTLY -SUSTAINED INJURIES.
------------------------------------------------------------------------------
Vice Mayor Alonso: Mr. Mayor, I am a little bit concerned this morning that I
see some of our people, like they have been in a battle. Max Cruz, and the
City Manager, I wonder...
Mayor Suarez: Separate incidents involving Max Cruz and the City Manager that
they...
Vice Mayor Alonso: I hope so, for the record, not at the same time, or
because of the same incident.
Mr. Odio: It's funny, I was in a lot of pain and I thought of the City
Commission meeting and the pain went away.
Vice Mayor Alonso: It has nothing with the Orange Bowl, right?
Commissioner Plummer: He found out that he is not as young as he thought he
was.
Mr. Odio: Age has nothing to do with stupidity.
3
January 9, 1992
F
}
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5. CONSENT AGENDA , GENERAL COMMENTS CONCERNING VARIOUS CONSENT AGENDA
ITEMS.
------------------------------------------------------------------------------
Mayor Suarez: Ladies and gentlemen of the general public, Commissioners,
items CA-1 through CA-16 will be handled together as the consent agenda unless
_
anyone wishes to be heard specifically on any of those items. Mr. Gonzalez-
Goenaga, which item, sir?
Commissioner Plummer: I don't have the backup, damn it.
Mr. Manuel Gonzalez-Goenaga: Is it before or after you discuss it? - at the
4
end, right?
Mayor Suarez: Just tell me which items you would like to comment on.
Mr. Gonzalez-Goenaga: Well, you should... my comments are on CA-2, CA-3, CA-
4, very short ones, 9, 10, 11, 14, 15 and 16.
Mayor Suarez: Go ahead and make your comments on those, sir. Maybe, the rest
of us will be able to take them collectively.
Mr. Gonzalez-Goenaga: Well, first of all, I want to congratulate you for the
-
new years, and I have made a new resolution that if I praise you people, I'll
be allowed to speak much longer. Anyway, regarding item...
Mayor Suarez: It's not a resolution, that's wishful thinking. Go ahead.
Mr. Gonzalez-Goenaga: Regarding item CA-2 and CA-3, I am going to take them
together. Decals, I understand that we have given the Police Department a
brand new fleet of marked cars, Caprice Classic 192, and a third of them are
disabled, plus three hundred thousand dollars ($300,000) for unmarked cars.
Why do they need now, seventeen thousand dollars ($17,000) or sixteen thousand
dollars ($16,000) for decals? My procedure is going to ask questions to the
Commissioners instead of making a speech.
Mayor Suarez: All right, proceed as to any others. Mr. Manager, any
particular response to that question?
Mr. Odio: Yes. We are getting brand new cars. We bought cars and they have
to be marked.
Mr. Gonzalez-Goenaga: That means, on top of the ones we already approved?
Mayor Suarez: We have quite a turnover pursuant to a Commission resolution
that was reached after a very tragic incident about four years ago involving
one of our officers, that calls for police vehicles to be changed every
maximum three years and/or every thirty thousand miles. Some people would
argue...
Commissioner Plummer: No, sixty-five.
4 January 9, 1992
Mayor Suarez: Sixty-five thousand miles. Some people would argue that we
should keep them longer but that's a Commission policy, it's been debated at
length and as of now, we are sticking by it. All right.
Mr. Gonzalez-Goenaga: -Well, but I love to see them on the streets. I think
that the presentations here by the Chief of Police was, if I understand
English correctly, is that there were going to be more policemen on the
streets.
Mayor Suarez: Yes, absolutely. And I am not sure how that relates to the
issue.
Mr. Gonzalez-Goenaga: And less in cars, and maybe, on bicycles. And then if
we have here Mr. Luis Sabines, he could really explain that we really need
them on the streets, not in cars. Well, on item CA-3...
Mayor Suarez: OK, I see what you are saying. No, when we said on the
streets, we meant as opposed to sitting behind a desk, but not necessarily in
walking beats, although that also a good idea. All right.
Mr. Gonzalez-Goenaga: Furnishing partition kits for police patrol cars.
Well, I presume that that's part of the same "CIFARRA." Then CA-4, annual
report, again, I am not against these allocations of money of eleven thousand
dollars ($11,000) provided the annual report is a true, fair, and full
disclosure of the deficits of this City. And don't come back making so
complicated, that we need to hire CPAs all over the nation to try to
understand the annual report. Make it clear, simple, and if there is a
deficit, to please don't, in the introductory letter by the City Manager or
the Commissioners, please tell the truth, the whole truth, and nothing but the
truth.
Commissioner Plummer: So help me God.
Mr. Gonzalez-Goenaga: Plainly and simply. And CA... well, I am going to
defer it because I have not been able to... I'll give you the benefit of the
doubt on the rest of the consent agenda.
Mayor Suarez: All right, sir. On CA-1 through CA-16, Commissioners, any
items? If not, I'll entertain... yes.
Commissioner Plummer: I've got one to pull but damn it, I can't find it, so
I'll bring it up later.
Commissioner Dawkins: Pull 6, for the same reasons that I pull them all the
time and reschedule it for another Commission meeting. It's close to a
hundred thousand dollars ($100,000) and I do not think that an item...
Vice Mayor Alonso: Which one?
Mayor Suarez: CA-6.
Commissioner Dawkins: That an item of a hundred thousand dollars ($100,000)
should be passed as a consent agenda item, it should be a discussion item.
5 January 9, 1992
Commissioner Plummer: Six?
Mayor Suarez: On CA-6, we'll pull the item. Any others, Commissioners? If
not, I'll entertain a motion on CA-1 through CA-16, minus CA-6.
Commissioner Plummer: Move it.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll on the
consent agenda.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE
MAYOR ALONSO, THE CONSENT AGENDA, WITH THE ABOVE EXCEPTIONS WAS
APPROVED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Noiie.
ABSENT: None.
5.1 EXTEND EXISTING CONTRACT WITH MANOLO HORTA PAINTING, FOR PRESSURE
CLEANING SERVICES, IN CONJUNCTION WITH CITY'S RESIDENTIAL PAINT PROGRAM
(Community Development Department)
RESOLUTION NO. 92-2
A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING
CONTRACT FOR PRESSURE CLEANING SERVICES TO MANOLO
HORTA PAINTING APPROVED ORIGINALLY ON RESOLUTION NO.
91-01, BID NO. 90-91-026, TO PROVIDE PRESSURE
CLEANING SERVICES IN CONJUNCTION WITH THE CITY'S
RESIDENTIAL PAINT PROGRAM FOR THE COMMUNITY
DEVELOPMENT DEPARTMENT FOR AN ADDITIONAL ONE (1)
YEAR PERIOD FOR A TOTAL PROPOSED COST OF $13,000.00
WITH FUNDS ALLOCATED FROM THE DEPARTMENT OF
COMMUNITY DEVELOPMENT ELEVENTH (11TH) YEAR FUNDS,
ACCOUNT CODE NO. 451149-670, PROJECT NO. 799209;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
January 9, 1992
LA
5.2 ACCEPT BIDS: (a) ARISTON, INC., AND (b)
FURNISHING AND INSTALLATION OF DECAL
VEHICLES (Department of General Services
Fleet Management Division)
GRAPHIC SYSTEMS INSTALLERS - FOR
MARKINGS FOR NEW POLICE PATROL
Administration and Solid Waste,
RESOLUTION NO. 92-3
A RESOLUTION ACCEPTING THE BIDS OF ARISTON, INC. IN
THE AMOUNT OF $12,452.00 AND GRAPHIC SYSTEMS
INSTALLERS IN THE AMOUNT OF $3,325.00 FOR THE
FURNISHING AND INSTALLATION OF DECAL MARKINGS FOR
NEW POLICE PATROL VEHICLES ON A CONTRACT BASIS FOR A
PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
AN ADDITIONAL ONE (1) YEAR PERIOD, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE, FLEET MANAGEMENT DIVISION, AT A TOTAL
PROPOSED COST OF $15,777.00; ALLOCATING FUNDS
THEREFOR FROM THE 1991-1992 OPERATING BUDGET,
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE, FLEET MANAGEMENT DIVISION, ACCOUNT CODE
NO. 420901-850; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THESE SERVICES AND THEREAFTER TO
EXTEND THESE CONTRACTS 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.)
5.3 ACCEPT BID: PUBLIC SAFETY DEVICES - FOR FURNISHING VEHICLE PARTITION
CONVERSION KITS, LIGHTBARS AND ACCESSORIES FOR NEW POLICE PATROL
VEHICLES (Department of General Services Administration and Solid Waste
/ Fleet Management Division).
RESOLUTION NO. 92-4
A RESOLUTION ACCEPTING THE BID OF PUBLIC SAFETY
DEVICES FOR FURNISHING VEHICLE PARTITION CONVERSION
KITS, LIGHTBARS AND ACCESSORIES FOR NEW POLICE
PATROL VEHICLES FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE/FLEET
MANAGEMENT DIVISION, AT A TOTAL COST OF $28,535.00;
ALLOCATING FUNDS THEREFOR FROM THE 1991-92 OPERATING
BUDGET, ACCOUNT CODE NO. 420901-850; AUTHORIZING THE
CITY MANGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7
January 9, 1992
i
5.4 ACCEPT BID: EVACO, INC. - FOR TYPESETTING, LAYOUT AND PRINTING OF CITY'S
COMPREHENSIVE ANNUAL FINANCIAL REPORT (Department of General Services
Administration and Solid Waste, Graphic Reproductions Division).
RESOLUTION NO. 92-5
A RESOLUTION ACCEPTING THE BID OF EVACO, INC. FOR
THE TYPESETTING, LAYOUT AND PRINTING OF THE CITY'S
COMPREHENSIVE ANNUAL FINANCIAL REPORT AS REQUIRED BY
STATE LAW ON A CONTRACT BASIS FOR ONE (1) YEAR WITH
THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR
PERIOD FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE, GRAPHIC
REPRODUCTIONS DIVISION; AT A TOTAL ESTIMATED COST OF
$11,000.00; ALLOCATING FUNDS THEREFOR FROM THE 1991-
92 OPERATING BUDGET, DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE, GRAPHIC
REPRODUCTIONS DIVISION, ACCOUNT CODE NO. 420501-680;
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.)
5.5 ACCEPT BID: SUE CURREY, INC. - FOR REWIRING AND UPGRADING OF FIRE ALARM
SYSTEM AT MANUEL ARTIME COMMUNITY CENTER (Department of General Services
Administration and Solid Waste, Graphic Reproductions Division).
RESOLUTION NO. 92-6
A RESOLUTION ACCEPTING THE BID OF SUE CURREY, INC.
FOR THE REWIRING AND UPGRADING OF THE FIRE ALARM
SYSTEM AT THE MANUEL ARTIME COMMUNITY CENTER FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE, PROPERTY MAINTENANCE DIVISION, AT A
TOTAL PROPOSED COST OF $6,800.00; ALLOCATING FUNDS
THEREFOR FROM THE 1991-92 OPERATING BUDGET,
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE, PROPERTY MAINTENANCE DIVISION, ACCOUNT
CODE NO. 420401-670; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8 January 9, 1992
5.6 APPROVE APPLICATION FOR TWO-DAY STATE LIQUOR PERMIT BY FOODSERVICE
EXHIBITIONS OF AMERICA, INC. FOR DISPLAY OF PRODUCTS LICENSED UNDER
STATE BEVERAGE LAW (Coconut Grove Convention Center).
RESOLUTION NO. 92-7
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
APPROVAL OF THE APPLICATION FOR A TWO-DAY STATE
LIQUOR PERMIT BY FOODSERVICE EXHIBITIONS OF AMERICA,
INC., FOR THE DISPLAY BY MANUFACTURERS OR
DISTRIBUTORS OF PRODUCTS LICENSED UNDER THE STATE
BEVERAGE LAW, AND ALSO FOR CONSUMPTION OF SUCH
BEVERAGES ON THE PREMISES OF THE COCONUT GROVE
CONVENTION CENTER, MIAMI, FLORIDA, DURING THE PERIOD
OF JANUARY 19-20, 1992, SUCH APPROVAL BEING A
STATUTORY REQUISITE PRIOR TO THE STATE'S ISSUANCE OF
SAID PERMIT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.7 AUTHORIZE MANAGER TO AMEND EXISTING AGREEMENTS WITH COMMUNITY BASED
ORGANIZATIONS (CBO): (a) MARTIN LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION, INC. (MLKEDC); (b) GREATER BISCAYNE BOULEVARD CHAMBER OF
COMMERCE, INC. (GBBCC); (c) HAITIAN TASK FORCE, INC. (HTF); AND (d)
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. (WCEDC) -
ALLOCATE FUNDS FROM 17TH YEAR CDBG.
RESOLUTION NO. 92-8
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO AMEND THE EXISTING AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF
MIAMI AND FOUR COMMUNITY BASED ORGANIZATIONS
(CBO's), THOSE BEING THE MARTIN LUTHER KING ECONOMIC
DEVELOPMENT CORPORATION, INC. (MLKEDC), THE GREATER
BISCAYNE BOULEVARD CHAMBER OF COMMERCE, INC.
(GBBCC), THE HAITIAN TASK FORCE, INC. (HTF), AND THE
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION
(WCEDC), THEREBY EXTENDING THE EXPIRATION DATE OF
EACH AGREEMENT FROM DECEMBER 31, 1991 TO JUNE 30,
1992 AND PROVIDING AN ADDITIONAL AMOUNT, NOT TO
EXCEED $21, 635, TO EACH OF THE ABOVE -MENTIONED
ORGANIZATIONS FOR THE PURPOSE OF ASSISTING THE
ORGANIZATION IN CONTINUING ITS ECONOMIC DEVELOPMENT
PROGRAM, WITH FUNDS THEREFOR BEING ALLOCATED FROM
THE SEVENTEENTH (17TH) YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
January 9, 1992
5.8 EXECUTE AGREEMENT WITH JOSE FABREGAS FOR PROFESSIONAL SERVICES
CONCERNING DEVELOPMENT AND CONSTRUCTION SUPERVISION OF CITY -SPONSORED
SCATTERED SITE AFFORDABLE HOMEOWNERSHIP PROGRAM, THE ST. HUGH OAKS
VILLAGE PROJECT, AND TO CONDUCT INSPECTIONS OF RENOVATION ACTIVITIES AT
COUNTY -OWNED PUBLIC HOUSING PROJECTS (CIP 321034). (Note: This item was
later reconsidered and deferred to next meeting - see label 20.)
RESOLUTION NO. 92-9
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
JOSE FABREGAS, AN INDIVIDUAL, FOR PROFESSIONAL
SERVICES, IN CONNECTION WITH THE DEVELOPMENT AND
CONSTRUCTION SUPERVISION OF THE CITY SPONSORED
SCATTERED SITE AFFORDABLE HOMEOWNERSHIP PROGRAM, THE
ST. HUGH OAKS VILLAGE PROJECT, AND TO CONDUCT
INSPECTIONS OF RENOVATION ACTIVITIES AT COUNTY OWNED
PUBLIC HOUSING PROJECTS FOR A PERIOD OF ONE (1) YEAR
FOR A TOTAL FEE IN AN AMOUNT NOT TO EXCEED $20,000,
WITH FUNDS THEREFOR ALLOCATED FROM CAPITAL
IMPROVEMENT PROJECT NO. 321034, "SCATTERED SITE
AFFORDABLE HOUSING DEVELOPMENT PROGRAM."
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.9 AUTHORIZE AGREEMENT WITH REGINALD A. BARKER, AICP, FOR PROFESSIONAL
PLANNING SERVICES IN CONJUNCTION WITH COMPLETION OF APPLICATION FOR
DEVELOPMENT APPROVAL AND DEVELOPMENT ORDER(S) FOR INCREMENT II OF
SOUTHEAST OVERTOWN / PARK WEST DEVELOPMENT OF REGIONAL IMPACT (DRI)
(Project 689001).
RESOLUTION NO. 92-10
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR PROFESSIONAL
PLANNING SERVICES WITH REGINALD A. BARKER, AICP, IN
CONJUNCTION WITH THE COMPLETION OF THE APPLICATION
FOR DEVELOPMENT APPROVAL AND DEVELOPMENT ORDER(S)
FOR INCREMENT II OF THE SOUTHEAST OVERTOWN/PARK WEST
DEVELOPMENT OF REGIONAL IMPACT, FOR A 12 MONTH
PERIOD FROM JANUARY 1, 1992 THROUGH DECEMBER 31,
1992, FOR A TOTAL FEE OF $27,000, WITH FUNDS IN THAT
AMOUNT BEING ALLOCATED FROM "THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT TRUST FUND, PROJECT
NO. 689001".
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10
January 9, 1992
Ai-
5.10 ALLOCATE $18,000 AS COMPENSATION FOR SPECIAL COUNSEL TO CIVIL SERVICE
BOARD.
RESOLUTION NO. 92-11
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$18,000 FROM THE FY'91-92 BUDGETED FUNDS OF THE
CIVIL SERVICE OFFICE, ACCOUNT NO. 240101-250, FOR
PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE
CIVIL SERVICE BOARD.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.11 ACCEPT PLAT: GUERRA SUBDIVISION.
RESOLUTION NO. 92-12
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED GUERRA 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 EXECUTE 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.)
5.12 ESTABLISH SPECIAL CHARGES FOR USE OF BOBBY MADURO MIAMI BASEBALL STADIUM
BY RELAX BARBER SHOP, INC. - FOR PRESENTATION OF MUSICAL BANDS, HAITIAN
FOLKLORE DANCES AND SOCCER GAMES, IN HONOR OF MARTIN LUTHER KING'S
BIRTHDAY.
RESOLUTION NO. 92-13
A RESOLUTION, WITH ATTACHMENTS, ESTABLISHING SPECIAL
CHARGES FOR THE USE OF THE BOBBY MADURO MIAMI
BASEBALL STADIUM BY RELAX BARBER SHOP, INC. FOR THE
SAID ORGANIZATION'S PRESENTATION OF TWO OR THREE
MUSICAL BANDS, HAITIAN FOLKLORE DANCES AND SOCCER
GAMES IN HONOR OF MARTIN LUTHER KING'S BIRTHDAY ON
JANUARY 19, 1992; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
SAID ORGANIZATION FOR THIS PURPOSE; AND SUBJECT TO
THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE
CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER
OR HIS DESIGNEE.
it January 9, 1992
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.13 CLAIM SETTLEMENT: LISSETTE ALVAREZ-GUARDIOLA AND JESUS GUARDIOLA
($65,000).
RESOLUTION NO. 92-14
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO LISSETTE ALVAREZ-GUARDIOLA AND JESUS
GUARDIOLA, HER HUSBAND, THE SUM OF $65,000 IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI UPON THE EXECUTION
OF A RELEASE RELEASING THE CITY OF MIAMI FROM ANY
AND ALL CLAIMS AND DEMANDS, 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.)
5.14 CLAIM SETTLEMENT: LEONEL DIAZ LEON AND DELORES LEON ($50,000).
RESOLUTION NO. 92-15
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO LEONEL DIAZ LEON AND DELORES LEON, WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF $50,000.00 IN
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI AND OFFICER
TOM LAURA, IN CIRCUIT COURT CASE NO. 89-7343 (CA
27), UPON THE EXECUTION OF A GENERAL RELEASE
RELEASING THE CITY OF MIAMI AND OFFICER TOM LAURA
FROM ANY AND ALL CLAIMS AND DEMANDS, FUNDS TO BE
PROVIDED FROM THE INSURANCE AND SELF-INSURANCE TRUST
FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.15 CLAIM SETTLEMENT: MICHAEL ZIEGLER ($85,000)
RESOLUTION NO. 92-16
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO MICHAEL ZIEGLER, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $85,000.00 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI AND CERTAIN OF ITS
POLICE OFFICERS ALSO NAMED AS DEFENDANTS, IN UNITED
STATES DISTRICT COURT CASE NO. 90-1430-CIV-MARCUS.
12 January 9, 1992
dab
UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY
OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS, FUNDS
TO BE PROVIDED FROM THE INSURANCE AND SELF-INSURANCE
TRUST FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Commissioner Dawkins: Question, from the Manager.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: On CA-5, Mr. Manager, who holds the certificate for
G.C.(general contractor) in electrical work? - the lady or the gentleman in
the firm? The lady who has fifty-one percent of the firm or the gentleman who
has forty-nine percent of the firm?
Unidentified Speaker: The gentleman.
Mr. Odio: I believe, I sent you a reply... I think it's the gentleman, sir.
Ms. Judy Carter: Yes, sir. Robert Curry holds the electrical contractors as
license for that firm. The one hundred percent owner of that firm is Susan C.
Moran.
Commissioner Dawkins: Didn't this Commission pass legislation which stated
that the individual applying for the contract must hold a certificate of
competency in that area?
Ms. Carter: Sir, what this City Commission passed was an ordinance that
provided that for any bid in which we are going to provide any preference in
the way of set asides to a given minority, particularly in that of
construction bids, that the G.C. and that question would have to be the one to
hold that particular license.
Commissioner Dawkins: Now, who in your department, Mr. Manager, assumed that
that's what I meant when I said what I said, and went ahead and acted the way
they acted instead of acting the way that I said we needed to do it? Now, who
in your department, Mr. Manager?
Mr. Odio: Well, Judy Carter and Ron Williams would be the procurement
officers. They are the ones that interpret the law.
Commissioner Dawkins: And they... and neither... as long as I have been
saying this, neither one... and I passed a legislation to ensure that when
minorities came up, whether they were female, black or Hispanic, that the
person holding the competency must be the majority owner. I've gone through
this, I don't know how many times, and now I'm told this morning, nobody in
that department understood that I meant that if it was in tidily -winks, the
majority owner had to have the certificate of competency in tidily -winks.
Mr. Ron Williams: My response to that, Commissioner, would be that the
legislation in itself as adopted had to be followed by the administration. If
13 January 9, 1992
we did not properly interpret your intent when the legislation was developed,
then we need to come back in and revise that, but the legislation as developed
and as passed by this Commission has been adhered to.
Commissioner Dawkins: Mr. City Attorney, through the Manager, have that
department provide you with the legislation, and you give me a reading on what
the legislative intent was, please, sir. Thank you, Mr. Mayor.
Mayor Suarez: OK. Very good. So ordered.
------------------------------------------------------------------------------
6. DISCUSSION CONCERNING MR. ANTHONY BARRIGA'S PROPOSED PLAN CONCERNING
HANDICAPPED ACCESS TO THE ORANGE BOWL AND OTHER CITY FACILITIES - DIRECT
CITY ATTORNEY TO DRAFT LEGISLATION TO FORM A HANDICAPPED ADVISORY
COMMITTEE - APPOINT MR. BARRIGA TO SAID COMMITTEE WHEN IT IS FORMED.
Mayor Suarez: I have a request from Anthony Barriga. Did I pronounce that
correctly? It says PVAC of Florida, a Mayor's representative for the City of
Miami Beach. We have a procedure for making personal appearances at this
Commission, and you have to make a request. Ron, if you would give the
gentleman a mike, I don't know that whatever your comments are to be made
today are relevant to our agenda of today, nor for that matter, do I know what
you intend to speak on, but as a representative of the City of Miami Beach, I
am inclined to let you at least say on the mike what your request is. In the
future, my aides, or the City Manager's staff, please ascertain what it is
that people want when they want to address us and they are not on the agenda,
so that we don't have to do this in a public forum. It maybe that your
comments, or your request, or your inquiries is totally unrelated to the
proceedings of this Commission today, in which case, it's unfair to the people
who are on the agenda, sir. Commissioner Alonso, you... or Vice -Mayor.
Vice Mayor Alonso: That's fine, but when he is finished I would like to
present several items that I have and address.
Mayor Suarez: Sir, what brings you here?
Mr. Anthony Barriga: Thank you, Mr. Mayor. My name is Anthony Barriga. I am
the chairman at ad hoc committee, the Mayor's council for the disabled for the
City of Miami Beach. I also am a coach and wheelchair athlete for Miami
Dolphin Wheelers, Paralyzed Veterans Association of Florida, and I am also an
advocate on handicapped accessibility. Mr. Mayor, Commissioners, and I
apologize to those who are on the agenda, and I appreciate you giving me this
time because to me, this is a very important factor, not only to the disabled
people of South Florida, but also to the Mayor and this Commission. Mr.
Mayor, I accept what you have told me about the procedures to come before this
Commission. I took that approach, but if you were behind me about a week ago
when I called this department down here, I probably... if it was somebody
else, would have probably committed suicide, because the bureaucracy, and the
pass the buck down here, and what I got from the acting City Manager, Mr. Lee,
that I didn't have no right to appear before this Commission, that an
emergency appearance was out of the question, that it wasn't necessary that
14 January 9, 1992
this handicapped issue come before this Commission. Well, Mr. Mayor, I
totally disagree with Mr. Lee and I thank God for your assistant to call me
back and get with me and understand what the real serious problem is. If I
were to put this off until the next Commission meeting, or the next agenda,
and typed all this up, it would have been gone, it would have been buried, and
the handicapped would have been right back in 1992 where we had been for the
last twenty-five years. I have been fighting handicapped situation in the
City of Miami for the last twenty-one years. I've been kicked, I've been
thrown, I've been slandered, I've been threatened to be put in jail, and as
Commissioner Plummer will tell you, he has come to my rescue several times. I
have been here with lawsuits against this City, against the Orange Bowl,
against the Dolphins, against the University of Miami, where handicapped
people have been wounded in battle on account of this City's negligence to
make things accessible. Well this year, at your festivities at the Orange
Bowl, I had it up to here. It was the end of the line for me with the City of
Miami.
Mayor Suarez: Relating to the parade or to the Bowl game?
Mr. Barriga: The whole festivities of the whole thing. The Bowl game, the
parade and the whole works. Mr. Mayor, Commissioners, City Manager, you must
take some type of action. This City must get a handicapped advisory committee
together to work with the Commissioners and the City Manager. This
Commission, and yourself, Mr. Mayor, has to inform the Orange Bowl Committee
as of four years ago, prior to going to court, they signed an agreement with
us that they would no longer tear down the handicapped seating in the Orange
Bowl, which they did for many years.
Mayor Suarez: Right. Let me stop you at this point. The Orange Bowl Classic
of course, will not take place again until the end of the year that just
began, and what I propose to do is to do precisely as you request, and create
a committee, look over the agreement with the Orange Bowl Committee, have you
be a member, if you would like to serve. Certainly you would make sense to be
an appointment of this Commission, anyone of us can appoint you. Would you,
Mr. City Attorney, draft the proper ordinance and/or resolution to implement
this plan and get you working right away so that as to the Orange Bowl parade
and the Orange Bowl game, we will have some recommendations in place very
quickly and action plans, and as to anything else that you deem proper, we
will be able to act on it at this Commission, but obviously, not today. I
think we have given you an opportunity to express yourself, I think we are
going to act on it very quickly, Anthony, and I think that's a...
Mr. Barriga: I appreciate that, Mr. Mayor, but we are talking about directing
the City Manager... I am not only talking about the Orange Bowl festivities.
Mayor Suarez: I had a feeling you were going to bring up some other City
facilities and events.
Mr. Barriga: No, I am talking about this Commission appoint a handicapped
advisory committee for the City.
Mayor Suarez: That's what I meant. Yes, absolutely.
15 January 9, 1992
Mr. Barriga: And also direct a letter to the Orange Bowl Committee that the
three people that have been appointed be... receive a letter from them and
attend their meetings throughout the years on handicap accessibility. And the
people that are appointed to the City...
Mayor Suarez: Well, I don't know about their procedures, but we will notify
them that they have an agreement as you've indicated, I am not familiar with
the agreement, maybe the administration is, or this...
Mr. Barriga: But you see, Mr. Mayor, not to interrupt you, you're talking
about the Orange Bowl, one situation, and then the way we were treated at the
Orange Bowl parade, as second class citizens will not be tolerated.
Mayor Suarez: You said that they had a committee and that you wanted to meet
with their committee. I don't know about their internal functioning but we
will indicate to them that they have to live by the agreement, and if the
agreement is inadequate, we will make whatever reforms have to be made in it
and then try to impose it on them after the fact, or under the law.
Mr. Barriga: Well, how about the City? You don't want to have only Mr. ...
Mayor Suarez: We, I mean we, the City, we are the City.
Mr. Barriga: We don't only have one function in the City of Miami.
Mayor Suarez: No, as to any other events, the advisory committee...
Mr. Barriga: Every other function.
Mayor Suarez: ... will analyze the whole thing and take your input. In fact,
I expect you will be a member of it, if you'd like to serve on it.
Mr. Barriga: I would more than like to, because it's just... the phone calls
with people coming in, and it's just not being fair.
Mayor Suarez: We hear you. It's just that procedurally, it's unfair, at the
first meeting of this year when we haven't met since December to take up an
inordinate amount of time on a matter that's not on the agenda, particularly
_ since we have to get so much done. By the way, Anthony, if you ever need to
be officially on the agenda, if you would put it in writing in a small note,
you don't need to go through a bunch of bureaucracy - don't, wait, let me
finish, just by a request to my office and/or the City Clerk, or the
Commissioners, or the City Manager, just about any of those will work under
our code, OK? But, we are not going to need for you to do that because we are
going to go ahead and give instructions to the Manager...
Mr. Barriga: I realize that, and I apologize to the Commission, I understand
it. But, Mr. Mayor, and City Commissioners, as you know it's 1992, we today
as of 1992, have got the American Disability Act that is behind us now.
_ Before, they used to throw us out of court because we didn't have no rights,
now, we've got some rights. And we've got some State rights that this City
has not fulfilled to the capacity to make the handicap comfortable and put
them in the mainstream of society. They bring a lot to the economy in this
society, as you understand, Mr. Mayor. Look at last year, the National
Veterans Wheelchair games.
16 January 9, 1992
s
Mayor Suarez: Anthony, this...
Mr. Barriga: And this is an issue...
Mayor Suarez: ... is really is more appropriate the time that we time up any
of these items, but procedurally...
Mr. Barriga: But this is the thing, Mr. Mayor, is that I understand, I came
in at the wrong time and I did it the wrong way, but it's always being pushed
aside and it can't no longer be pushed aside.
Mayor Suarez: No, no, you're getting... you're not pushed... we are not
pushing anything aside. We are acting on your request which is more than a
- lot of people get when they are on the agenda. So, that's magnificent result.
Mr. Barriga: Because, do you know, it's heart breaking when you come to an
event you spend a lot of money, and you don't have a bathroom to go to, and
then when you go back to your vehicle, and you're parked in the handicapped
spot, and the sergeant, or the police department is going to tow your vehicle,
somebody needs to learn something in this City about the handicap regulation.
It's just not worthy.
Mayor Suarez: All right, we're going to get into the substance of your
recommendations through the committee and then back to this Commission.
Mr. Barriga: And I apologize to the people who were on the agenda, I
appreciate you letting me come forth and speak on this issue. Thank you, Mr.
Mayor and Commissioners.
Mayor Suarez: All right, sir, and would you keep track of the advisory board
being set up and make sure that the matter doesn't get lost in the bureaucracy
and I hope you have somebody from my staff you are networking with and that of
the Commissioners. And if not, we'll make sure you do before you leave the
chambers. All right.
-------------------------------- 7-------------------------------------------
7. (A) VICE MAYOR ALONSO COMMENDED ADMINISTRATION ON A BETTER
REPRESENTATION OF MINORITIES AND LOCAL VENDORS IN CONTRACTS LISTED
IN THE CONSENT AGENDA.
(B) DISCUSSION REGARDING PROTESTS FILED ALLEGING LACK OF POLICE
RESPONSE TO BURGLAR ALARMS. (See label 35)
Mayor Suarez: Vice Mayor Alonso.
Vice Mayor Alonso: Yes. First of all, I would like to take this opportunity
to congratulate the department and the staff. As you know, in every consent
agenda for the last several months, I have been mentioning, and voting against
the award of contracts, because most of them were going to nonlocal vendors
and nonminorities. And in this agenda, I am very pleased to say that they
have done a wonderful job, and I wanted to take the time to congratulate them
17 January 9, 1992
-1
i _-
for the effort in making it possible to help the people of Miami to obtain the
contract. So, I am very pleased and I wanted to say this on the record.
Also, I'd like to bring to the attention of this Commission, something that is
very disturbing to me. I sent a memo to the Manager in reference to a break-
in that took place at CAMACOL, I believe, couple of days ago. There was an
incident with the alarm, and the Police Department did not respond even though
they knew the burglary was taking place, and the same thing has happened this
morning at 701 NW 36th Avenue. It is very disturbing to me to hear that even
though we know there is a criminal incident happening, because of a minor
problem with whether they have paid for a license or not, the police
department does not respond to the incident. I would like to have an
explanation, if we allow criminals to do as they please in our City, because a
mistake has been made by a company that installed an alarm, or what is the
procedure in cases like that? The Police Department in this one, 701 NW 36th
Avenue knew quite well, and in fact, they took all the equipment from this
property. As a matter of fact, this office has gone through the same incident
twice in the last two months, and then they decided to install an alarm
system. Last Thursday, it was completed, and this morning they were the
victims of crime. And I would like to know from the Police Department, do we
respond to a call of an incident, or we just respond if the people have a
sticker that say they have paid for an alarm system? I don't think it's
right. These individuals are paying taxes in the City of Miami. And could
you think of a logical explanation to give to me? And I appreciate also, the
City Manager explaining to me what is the logic behind this.
1 Lt. Joseph Longueira: So I make sure I understand. They have an alarm system
but they did not have a permit, right?
Vice Mayor Alonso: That's right.
Lt. Longueira: OK. I'm going to check for you.
Vice Mayor Alonso: But the Police Department knew. They were notified that
there was a break-in and that the burglars were removing the equipment from
the facility and they did not respond.
Lt. Longueira: I'm sorry, Commissioner, but I can't believe that. I mean,
I've been for nineteen years, a cop...
Vice Mayor Alonso: Well, maybe, what I can do, is request...
Commissioner Plummer: Excuse me.
Lt. Longueira: ... and if I find out something, I'm going to go, you know.
Vice Mayor Alonso: Let me do this.
Lt. Longueira: We respond to calls like that, without a doubt, yes.
Vice Mayor Alonso: After lunch, we bring to
this address and maybe, we can also get the
front of us and respond to these questions. I
36th Avenue and they told me that in effect,
of what's happening - since in the records,
paid for that sticker, they did not respond.
the Commission, the people at
people of CAMACOL to appear in
spoke to these people of 701 NW
the Police Department was aware
it did not show that they have
18 January 9, 1992
Commissioner Plummer: Did they tell you what time?
Vice Mayor Alonso: That, to me, is incredible.
Mr. Virgilio Perez: Ms. Vice Mayor.
Commissioner Plummer: Wait, wait, wait a minute. Hold on a minute. Did they
tell you what time?
Vice Mayor Alonso: At what time it happened?
Commissioner Plummer: Yes.
Vice Mayor Alonso: This one?
Commissioner Plummer: Yes.
Vice Mayor Alonso: Seven forty-five, I believe it was.
Commissioner Plummer: OK. I can tell you for a fact, that as I drove here
this morning at eight o'clock, the call went out, dispatched, at about 8:05
a.m. as a twenty-nine in progress, an armed robbery in progress, and the
Police Department did respond. But now, they didn't say a burglary, they said
an armed robbery in progress, and two cars were dispatched and about four
showed up.
Vice Mayor Alonso: At this address?
Commissioner Plummer: At that address. Now, I know that because I heard the
dispatch myself, personally. Now, maybe, there is something in between. But
let me just try to answer if I may, and I agree with you because I had this
out with the administration before, and obviously, the matter is not resolved.
This all came about Commissioner, when the City of Miami Police Department did
a time study on false alarms. And that study showed that in one month, we
expended over ten thousand man hours for false alarms. We then put in an
ordinance, fashioned after Miami Beach, that said that you get 'X' number of
alarm responses, false alarms, free. I think the number is four.
Mayor Suarez:. You said ten thousand man hours in one month?
Commissioner Plummer: Yes, sir.
IL Mayor Suarez: At thirty dollars, let's say, that would be thirty thousand in
one year.
Commissioner Plummer: All right, well, let me proceed, Mr. Mayor.
Mayor Suarez: No, it will be three hundred thousand in one money in a year,
that will be three point six million dollars. That's incredible.
Commissioner Plummer: Hey, a lot of money. All right, then they went to a
sliding scale, the first four responses were free, the second two were fifty
dollars, I could be a little mistaken on this, the ultimate was, the last four
19 January 9, 1992
were a hundred dollars. And then after the twelfth, you either had to bring
in a certified letter, because people were not getting their alarms fixed. It
didn't cost them anything, so they just didn't do anything. So we the
Commission said, hey, you either bring in a certified letter from a certified
firm that you have had your alarm system, or in fact, we will put you on what
they call an N.R., no response. I took exception to that. I said what you
ought to do is put in a bigger penalty for those who after twelve, but that in
no way, and I think that the record would reflect in this Commission, that we
cannot respond, is ridiculous. You've got to make it where in fact it is
expensive and they will do something about it. The problem is in this
community, we certify electricians, we certify contractors, and whatever.
There is no certifying board for so called alarm installers. And that's where
the failing is. But I can tell you in this particular incident, as I drove to
work this morning, they were dispatching to that address, two units, and I
know more than two units arrived on the scene.
Commissioner Dawkins: And you didn't chase the units?
Commissioner Plummer: I'm sorry?
Commissioner Dawkins: And you didn't chase the units?
Commissioner Plummer: Am I the what?
Commissioner Dawkins: Did you chase the units?
Commissioner Plummer: No, sir. I had to come here.
Commissioner Dawkins: OK, no problem, I just wanted to know.
Vice Mayor Alonso: OK. Now, I would like to invite these people to come
after lunch and appear for a few minutes in front of us and tell us what has
happened, because they called my office and they are very disturbed. As I
said before, they have endured, first in the month of December, everything was
taken from that office. They had another incident about two weeks after that,
and this is the third incident. That's why they decided to install an alarm
system.
Lt. Longueira: Why didn't they get a permit?
Vice Mayor Alonso: I don't know. But, my point is this, bureaucracy, is
fine, requirements are great, but these people are taxpayers of Miami, and
when they have a problem, the Police Department has to provide the service,
whether you have an alarm system, whether the company that installed the alarm
system made a mistake and did not get a permit. Whatever happened, our
citizens have to receive the service of the Police Department. And I'd like
to hear both from the Police Department and the City Manager, what is the
logic behind this. Mr. Manager.
Mr. Odio: Your memo this morning, I'm having it investigated to see what
happened there.
Vice Mayor Alonso: No, I'm talking about the other incident. Something comes
to mind. Does it bother you that this is happening in the City of Miami?
20 January 9, 1992
Mr. Odio: Yes, it would bother me if we didn't respond. Of course, it would.
Commissioner Plummer: Madam Commissioner, let me say this to you. I have
brought up to this Commission before and I am going to reserve my comments
until this afternoon because my colleague, our colleague, Commissioner
Dawkins, is going to bring up the deployment of the Police Department. I will
only say to you that I agree with the City of Miami policeman who is on
_ television stating that crime in this City has reached, and quote "epidemic
proportions." I can sit here and quote you case after case, after case that
is unbelievable that is happening in this Community. And I'm telling you,
something has got to change, we can no longer, as I have said before, continue
to do business as usual. The thieves are not doing business as usual. I'll
give you a better one, right around the corner from the house from the place
you're talking...
Vice Mayor Alonso: Commissioner, they can't continue to do business as usual
if we don't even respond.
Commissioner Plummer: One block from where you are talking about...
Vice Mayor Alonso: We don't even respond to an incident because they don't
have the sticker. This is frightening.
Commissioner Plummer: ... Monday morning, they had an office building, three
story building, over thirty offices, every one of the offices was cleaned out,
every one of them. I mean, we have a string of thieves right now on Coral
Way, who are hitting between five and seven o'clock in the afternoon in what
is considered rush hour traffic. I've been to three episodes there now in
which... I don't know how the hell they do it. They are carrying photostatic
machines, typewriters, everything out the front door on Coral Way. In the
thirteen hundred...
Commissioner Dawkins: Since this is open confession for the soul, in Liberty
City, it happens every minute, every five minutes, same crime, same thing,
people houses are being ripped off, people's pocketbooks are being snatched,
tourists are being... windows are being broken where pocketbooks are snatched.
So, we don't have to localize it. All we need to say is, we have a hell of a
crime problem in the City of Miami...
Commissioner Plummer: And it's getting worse.
Commissioner Dawkins: ... and we must address it as a total problem working
with the Manager and the Police Department to utilize those resources that we
have to try to cope with it.
Vice Mayor Alonso: That's fine, Commissioner, but the problem... excuse me,
just one second. The problem we are addressing today is that if we are not
going to respond to an alarm system that is not functioning, if we are not
going to respond because the person forgot to pay the sticker, if we are not
going to respond because the company made a mistake, and the know quite well
something like this is happening, it seems to me that we are acting in a very
irresponsible way and something that we as members of this Commission, we
cannot tolerate.
21 January 9, 1992
Lt. Longueira: Commissioner, I have the information for you on that, OK? At
8:11 this morning, the alarm company called this complaint room and said that
the alarm was going off at that business. When we checked our computers with
that address, they had no permit. We don't respond when the alarm company
calls. Now, if a lady behind the place, a resident, heard the alarm and
called, we would have responded. But, when the alarm company, who is in
business to make money, and not get a permit, and not have good functional
alarms, lays the burden on us and they don't get a permit, we don't respond.
Now, at 8:17, six minutes later, the owner called...
Mayor Suarez: Let me just say that that's wrong. If you get any indication
that any kind of B and E, or break-in and entering is happening, whether they
have a permit or not, whether there are some formalities being met or not,
Lieutenant, you would expect that...
Lt. Longueira: Yes.
Mayor Suarez: ... maybe not, you wouldn't drop everything else you're doing,
but certainly some unit that is in that area should be called and say, as soon
as you get a chance, go over there.
Lt. Longueira: If a break-in is occurring, yes. But, an alarm....
Mayor Suarez: Well, if somebody calls you as says that...
Lt. Longueira: No, they said the alarm was going off. Mr. Mayor, to give you
an idea...
Mayor Suarez: What I said is, you don't just ignore it, you don't just say
well, you know, there is no permit over there so we will ignore this phone
call, sir, you don't exist, you have not fulfilled the legal requirements of
having an alarm permit, and so we don't know who you are and we don't care, we
are going to ignore everything you are telling us. You can't do that,
Lieutenant.
Lt. Longueira: Let me wait until this afternoon. I am going to come back
with the numbers of false alarms and the numbers that are actually crime so
you can see the scope of the problem.
Mayor Suarez: Yes, and I am not implying the opposite either, that you drop
everything else you're doing and you go to what may be a false alarm, but I
can't accept your statement that we just simply ignore it.
Lt. Longueira: No, in ninety-nine percent of the cases. In ninety something
percent of the cases, I'm going to get you the number, it is false alarms,
every time.
Mayor Suarez: To me, any information you get as a police officer of something
that may be a crime in commission or having been committed is useful
information that you should put into the system to try to ascertain if it
means anything. You don't just sort of ignore it because somebody didn't
fulfill some formality. That's the only thing I'm taking issue with.
22 January 9, 1992
Vice Mayor Alonso: Especially when this property has been the... since...
Lt. Longueira: We did respond.
Vice Mayor Alonso: What was that?
Lt. Longueira: Right, we did respond though at 8:17 a.m. and we sent units,
two units.
Vice Mayor Alonso: Especially Mr. Mayor, when in this property they have been
the victim of crime in the last two months. This is the third time. They
have taken every thing they have in that office. They replaced every
telephone, every equipment, every thing, every thing they took.
Mayor Suarez: And you know, Madam Vice Mayor, what should really happen since
you just said that it was the third time, what should really happen in an
organized system, Lieutenant, and Mr. Manager, and I hope that, you know, all
of us have been saying this to the administration and somehow, the message
isn't getting through. What should really happen is, somehow, we have to
disintegrate, we have to decentralize, the sifting of that information so that
some person doesn't make a decision at that point, as you just implied, well,
this is a false alarm, they don't have a permit in order, et cetera, et
cetera, so we're going to ignore it. Instead, it should go to the person, the
sergeant, the lieutenant, the whomever, who is in charge of that particular
neighborhood. That person should be so familiar with that particular
neighborhood that as the Vice Mayor indicated, when that call comes in, that
bit of information comes into his computer, I mean his computer, his mind,
primarily, but there may be other computers and other information banks that
he has or she has, they say, you know, this is the same place that we've had
these three break-ins. I've got to do something. Now, somehow, that
decentralization, that allocation of responsibility by neighborhoods in the
Police Department has not taken place. We just did it recently in the
Planning Department. Bless the Planning Department, Mr. Manager, bless the
Planning Department. I sent a memo to you on it, I have not received any
response commending the Planning Department for dividing the City into
neighborhoods and allocating responsibility. Why can't you do that for the
Police Department? I have spent countless hours with the chief, every chief
we've had, I've spent countless hours recently with assistant chief, or Major
Fernandez rather, and with assistant chief Arnold Gibbs on this issue, when is
somebody going to respond to the allocation, to the need to allocate
responsibility for neighborhoods to specific sergeants and lieutenants at that
level? - The decentralized level that we've got to run this City. Otherwise,
crime is going to continue rising because there is not going to be anybody who
is going to know what the Vice Mayor just said about that particular location,
Lieutenant. It's going to come in and you're going to have some formal
process that you're going to use, centralized, and say well, you know, this
just didn't come in from someone with a pending permit, so we are going to
ignore it. Instead of going to the person who knows that neighborhood, and
says, my God, this the same area, let me run out there, and he or she himself
drop all that paperwork that they are doing, that Commissioner Plummer wants
to see them stop doing, and run out and see what the heck is going on over
there. That's the way a Police Department has to function. And let me tell
you, if we don't decentralize it, we've done it a little bit with the
substations, the mini -stations, but we've got to take it to the level of
23 January 9, 1992
eAk
neighborhoods and tt►en they have got to link up to the neighborhood crime -
watch groups, and they should all know each other. People on every
neighborhood should know who their sergeant is, who their lieutenant is. And
if you do a survey of the people of Miami right now, not one percent of the
people know who is the responsible sergeant or lieutenant in the neighborhood.
Because they are not assigned that way. They are deployed by some God
forsaken computer system that nobody understands, that is totally illogical,
and it doesn't work for people - the real normal people that expects somebody
to be in charge of their neighborhood. So someday, we're going to do that.
Lt. Longueira: Mr. Mayor, the problem is, is there are six sergeants
responsible.
Mayor Suarez: Well, I'd like to see just one, but if it's six, you know.
Vice Mayor Alonso: Yes.
Lt. Longueira: One on each shift, and then the days off. There are six
sergeants and it's improp...
Mayor Suarez: Well, that's wrong. That sergeant should not have a day off in
that sense. I don't have a day off, she doesn't have a day off, Plummer,
Dawkins and De Yurre don't have a day off, the Manager doesn't have a day off,
at least, he shouldn't.
Vice Mayor Alonso: You know, and one thing that... Mr. Mayor, and...
Mayor Suarez: I don't know what that means. What do you mean a day off?
You're in charge of trying to do something about crime in this community, what
do you mean a day off? You're a sergeant, you're in charge of that
neighborhood. If you have a day off, you've got to have somebody else that
response for you.
Commissioner Dawkins: You don't belong to the union.
Commissioner Plummer: Yes, but let me tell you...
Vice Mayor Alonso: And you know something, it's very sad that the answers
that we are getting from the Police Department and from the City Manager,
portrays to me that there is not a feeling of caring about the most serious
problem that we have in Miami - that is crime. I am sorry I have to say this
for the record, but it's very sad to see that the reaction here is not what we
expect. The Mayor is very upset, we all are very upset, but I don't find the
same reaction, it's like just business as usual, meaning let them take over
the City of Miami.
Mayor Suarez: Let me tell you something, criminals don't have days off. Mr.
Manager, I think you have to figure out a way to institute system that
ranking officers from the rank, at least, of lieutenant up, maybe sergeant, do
not have days off, do not have shifts, that's not the system we need. You
-g laugh, you smile because you are used to the old system, Lieutenant.
Vice Mayor Alonso: This is not even funny.
24 January 9, 1992
U
Mayor Suarez: That doesn't work. Max Cruz back there, he doesn't have a day
off. If the Orange Bowl is not functioning properly - we won't get into that
right now, I know that I could call him, and I can call him at home if I can't
reach him at the Orange Bowl. Dr. Prieto over there doesn't have a day off,
Herb Bailey goes to functions on Saturdays and Sundays.
Vice Mayor Alonso: That's right,
Mayor Suarez: These people are ranking officers. At some level there has got
to be a concept that you are responsible for that neighborhood, all times of
the day, twenty-four hours a day. That's the wrong philosophy to think that
we're going to continue doing assignment by shifts at higher ranks. You can't
do that, that doesn't work folks. Now, the patrolmen, they are out there
risking their lives every day, they have... they do have time off, they have
shifts. By the way, I hope the shifts are being organized properly, and I
have a feeling they are not.
Commissioner Plummer: Forget it.
Mayor Suarez: I think we have more men at certain times than we need and very
few at other times, and I still believe that. But at the very least, let's
assign responsibility on a twenty-four hour basis to someone who at the end of
the year can say, I brought down crime in my neighborhood, I am a lieutenant
in charge, I am a captain in charge, or even a sergeant. At least, at the
lieutenant level.
Commissioner Plummer: Mr. Mayor, you're not for any... for the record, you
are not indicating that the man should not have a day off regardless of his
rank? I think what you're saying is, he should be available.
Mayor Suarez: At some levels, I don't think they have any time off, to tell
you the truth, because I don't have any time off. What is your addition to
this? I don't...
Commissioner Plummer: Well, you can't expect a man to work seven days a week.
Mr. Virgilio Perez: Yes, Mr. Mayor, my name is Virgilio Perez, I am a member
of the board...
Mayor Suarez: This item is also not in the agenda. We can have another whole
session on crime if you...
Mr. Perez: No, I just want to say I am a member of the board of...
Mayor Suarez: But the Vice Mayor wanted to bring up an incident.
Mr. Perez: Yes, I am also a member of the board of directors of CAMACOL and
last night, we had a meeting and what you are talking right now, the
perception of the business people in this community is that the police don't
care. Our call for the break-in of the CAMACOL came in at 1:41 a.m. and there
was no police response whatsoever. And what we hear here from the Lieutenant
is very concerning of the action of the police. If they are not going to
respond to a break-in, or they are not going to respond to a... attempted
murder, or anything like that, what are we going to do with the police? Do we
25 January 9, 1992
need a Police Department? That's my question, and I am representing the board
of directors of CAMACOL and Luis Sabines, because we think that the police is
here to give the perception to the community that they are here to protect us,
not to pay a fine. Like Commissioner Plummer says, if there is an alarm that
goes on, I am pretty sure that business people, if there is something wrong
with that alarm they are willing to pay if it is a false alarm. But if
something is happening in this community, we must have the people who carry
the guns, the people who have the authority to handle this thing, which is the
Police Department. Otherwise, the business people are going to arm themselves
and they are going to start doing whatever police has to do. So, we believe
that... we don't have anything against the police. We think the Police
Department must maintain the composure, the perception, and the response that
this community deserves.
Mayor Suarez: And by the way, if there is a major problem in our society with
crime is created by judges, and there is not a single person in this
Commission that doesn't believe that. They are letting people off who are
career criminals, and I don't want to give the implication to our police
officers who are here, or union, or lieutenant who networks with us that we
don't think that that is an even bigger problem. But I... and they have got
all our support in that sense. But, we've got to do something about
deployment. It's not the logical, it's just not working logically, and
assignment of responsibility, permanence, stability of the ranking officer in
charge of a neighborhood. That particular concept I've been fighting for six
years, I hope, Madam Vice Mayor, I'm going to get every memo that I have
written on this thing and get it into your hands and all the Commission, and
see if you see some light at the end of the tunnel because it goes in, comes
out from the Manager's office and the police chief and with all... let me say
this, the department has also had to solve some other horrendous issues,
initially of corruption, 1985 et cetera, and afterwards of Just taking back
the streets. There were places, Commissioner Dawkins would remind us, and
Plummer who had been here in the City where police officers didn't
particularly want to go at night, and the streets have been taken back, I
think that that whole issue has been resolved to a great extent. And the
community supports the sting operations, et cetera. So, all of that has been
done, but now, we have to get to the point that more normal criminal conduct -
the break-in and enterings, the purse snatchings, the assaults, so many of
which have happened recently, that we have a way of deterring those a little
bit by having police presence before it happens, not after. And alarms are a
very good way of telling people that something is happening. I don't know,
Mr. Manager, why haven't we thought of having the alarm system somehow
connected to the cable system? - This great communication system that they
keep telling us about.
Mr. Odio: There is something on that.
Commissioner Plummer: No, they proposed that with the I-NET(Institutional
Network), it never worked.
Mr. Odio: I -NET, but it never...
Commissioner Plummer: It was a great idea on paper, in reality, it didn't
work.
26 January 9, 1992
Mayor Suarez: All right, thank you. Madam Vice Mayor. We are not on this
Item, sir, you're not being recognized unless any Commissioner wants to hear
from you.
Mr. Gonzalez-Goenaga: Yes, one comment only.
Mayor Suarez: No, sir. Have a seat. You're out of order. Unless a
Commissioner recognizes you.
Mr. Gonzalez-Goenaga: The police had time to pick on me.
Mayor Suarez: Have a seat, Mr. Gonzalez-Goenaga, sir.
Mr. Gonzalez-Goenaga: For that they have time, to pick on me.
Mayor Suarez: Well, they will pretty soon, sir. Then you're going to add
another episode to your relations to the Police Dep...
Mr. Gonzalez-Goenaga: I don't care. I don't respect them.
Mayor Suarez: Sir, you're out of order.
Mayor Suarez: Item 3. Item 2, I'm sorry. ITB (International Trade Board)
second reading of the ordinance modifying the quorum, I'll entertain a motion
on this.
-------------------------------------------------------------------------------
8. RESCHEDULE MEETING OF FEBRUARY 27TH TO TAKE PLACE ON FEBRUARY 18, 1992.
Mayor Suarez: Yes.
Commissioner Dawkins: Pull a pocket item, please, sir. Number one, I would
like to if possible, change the February meeting date from the 27th anywhere
between the 18th and 20th of February if everybody can so adjust.
Commissioner Plummer: What... give us one to shoot at, Miller.
Commissioner Dawkins: Huh?
Commissioner Plummer: Give us one to shoot at - the eight...
Commissioner De Yurre: Eighteenth.
Commissioner Dawkins: Eighteenth or the nineteenth.
y i
Commissioner Plummer: How about the eighteenth?
— Commissioner De Yurre: Eighteenth. Is that good?
1
27
January 9, 1992
Mayor Suarez: Talking about the February 18th?
Commissioner Dawkins: Yes, sir.
Mayor Suarez: All right. I'll entertain a motion.
Commissioner Plummer: That's in February, right?
Mayor Suarez: That the second hearing in February be on the eighteenth.
Commissioner De Yurre: Yes, that's between January and March.
Vice Mayor Alonso: Eighteenth.
Mayor Suarez: It's a Tuesday.
Commissioner Dawkins: So moved.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Second. Any discussion?
Commissioner Plummer: That will give us all the chance to check our calendar.
Mayor Suarez: If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-17
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF FEBRUARY, 1992, TO TAKE PLACE ON
FEBRUARY leg, 1992.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
i
NOES: None.
— ABSENT: None.
28 January 9, 1992
7
- o +
9. DISCUSSION CONCERNING RECENTLY -APPOINTED CITY EMPLOYEE TO TEMPORARILY
MANAGE AND OPERATE DINNER KEY BOATYARD (LAWRENCE TERRY, JR.)
Commissioner Dawkins: I have another one.
Commissioner• Plummer: Mr. Mayor.
Commissioner Dawkins: Another one.
Commissioner Plummer: OK.
Commissioner Dawkins: Mr. Manager, through you, I asked Commissioner Alonso
because she is supposed to be the Awareness Commissioner, but I'd like to know
what's going to be the procedure for operating the boatyard.
Mr. Odio: Well, we just took over the boatyard a day and a half ago. We have
a man in place now. The people that are bringing the business to that are
contracting themselves. We are now also preparing, I hope the... in the
process of preparing an RFP (Request for Proposals) so we will go out on
request for proposals, as you ordered. So, all we have to do is run the
boatyard until the RFP process is concluded.
Commissioner Dawkins: And who is going to be in charge in the day to day
operations of the boatyard?
Mr. Odio: Lawrence Terry.
Commissioner Dawkins: Who?
Mr. Odio: Lawrence Terry, working for the Parks Department.
Commissioner Dawkins: All right. What's his training or expertise in running
or operating a boatyard?
Mr. Odio: He has a business degree from Harvard University, he has a master
degree of finance from the University of Virginia. He is a boat owner. He
has been involved directly with the community in boating. He knows the
facility well, and I felt that he is the individual super -qualified to... as a
stopgap measure until we turn over the boatyard to a private sector to run
that place. There are a tot of transactions that are in cash. I felt I
needed someone there that is above reproach, and I chose him.
Commissioner Dawkins: As he matriculated toward his degrees, did he take any
subjects on the side that qualified him for the operation and maintenance of a
boatyard? Now, I mean, I am amazed and happy at the credentials which he has,
but those credentials do not tell me that he learned how to operate a
boatyard, that he has operated a boatyard, or that he knows how to operate a
boatyard.
29 January 9, 1992
Mr. Odio: I believe that in interviewing him, Mr. Ruder and Wally Lee and
others...
Commissioner Dawkins: Does he have any formal training in operating a
boatyard?
Mr. Odio: He has not had former training in operating a boatyard.
Commissioner Dawkins: Thank you.
■ Mayor Suarez: Let me just follow it up with something here.
Mr. Odio: But precisely...
Commissioner Dawkins: No, that's my question. You see Mr. Manager, he don't
have to follow up if I have my answer.
Mr. Odio: The answer... that's right. Thank you.
_ Commissioner Dawkins: I have my answer Mr. Manager, for that. Thank you. My
next question is, what services...
Mayor Suarez: Commissioner, I want...
Commissioner Dawkins: What services will be offered at the yard?
Mr. Odio: Well, we plan...
Commissioner Dawkins: You see, I get tired of every time I get ready to talk
to the Manager, somebody else up here decides they want to talk too.
Mayor Suarez: Commissioner Dawkins, I was asking you to yield so that I can
follow up on your point, sir, to make it a little bit more explicit here on
_ this point. If you would like, sir, if you don't want to yield, go ahead and
continue your questioning.
Mr. Odio: What we plan to do Commissioner, first of all, is to keep it as
status quo. We did not want to break the cash flow that is there now.
Commissioner Dawkins: What...
Mr. Odio: There is business there now to the extent of about twenty thousand
a month. We are...
Commissioner Dawkins: The boatyard is taking in twenty thousand dollars
($20,000) per month now?
Mr. Odio: Correct. Yes, sir.
Commissioner Dawkins: How is it coming in, and for what services?
Mr. Odio: The way it is operating right now, there is a crane there, the
customers themselves take their boats out, place them in racks, and store it
there. While we are cleaning up the mess that was left there on the
30 January 9, 1992
environment, we plan to also put in outside tanks, fuel tanks, which is
important to the community.
Commissioner Dawkins: All right, what's the salary of the gentleman you
hired?
Mr. Odio: Forty-five thousand.
Commissioner Dawkins: Forty-five thousand.
Mr. Odio: He was hired on a...
Commissioner Dawkins: All right. And the boatyard is bringing in twenty-five
thousand a what? - a month, a year?
Mr. Odio: A month.
Commissioner Dawkins: A month.
Mr. Odio: We expect...
_ Commissioner Dawkins: So it's bringing in a hundred and twenty thousand
dollars ($120,000) a year, right?
Mr. Odio: Yes. We expect within three months to have net operating profit of
sixteen thousand a month.
Commissioner Pa� ':cins: Right. If the salary for him is forty-five thousand,
who else will be working with him?
Mr. Odio: That's it. He has...
Commissioner Dawkins: You're going to have one person operating the boatyard?
Mr. Odio: That's right.
Commissioner Dawkins: There will be nobody assisting him to pick up paper or
nothing?
Commissioner Plummer: That's not the memo I got.
= Mr. Odio: No. No one. He has two subcontractors that are there now...
Commissioner Dawkins: Where will the insurance come from for the liability on
the operation and maintenance if someone gets hurt over there?
Mr. Odio: Well, the City is self -insured, however, I asked the Insurance
Department to look at the possibility of getting coverage in addition to our
self insurance.
a Commissioner Dawkins: When will the RFP or RFQ(request for qualifications) go
out?
31 January 9, 1992
Mr. Odio: We hope that within 120 days it will be in front of you completed
and ready to be advertised and awarded within 30 days after that.
Commissioner Dawkins: OK. I'm going to send you a memo, because I ask for
things up here and they never get done. I'm going to send you a weekly memo
asking you to make me aware of everything that happened at that boatyard by
week.
Mr. Odio: I'll be glad to do that, Commissioner.
Commissioner Dawkins: OK. Thank you.
Commissioner Plummer: May I inquire?
Commissioner Dawkins: Yes, sir.
Mayor Suarez: Commissioner Plummer. Mr. Manager, the memo which you sent
today indicates four employees.
Mr. Odio: They are subcontractors, I said.
Commissioner Plummer: Well, it's still employees.
Mr. Odio: They are not... they are working on their own, and it's according
to the business they bring in.
Commissioner Plummer: But are we paying them?
Mr. Odio: The Marina... the boatyard monies themselves will be paying for
them. They are not City employees.
Commissioner Plummer: But why... excuse me. If that is in fact the case, why
are we showing eighty-nine thousand dollars ($89,000) for four employees on
—. the operational expense? That doesn't make sense to me.
Mr. Odio: Mr. Terry is here, I would like you to meet him. I was extremely
pleased that he was available at this moment because he knows his only
temporary employment.
Commissioner Plummer: Well the only thing against him is he came from
Harvard.
Mayor Suarez: I have some questions on that as soon as you are finished,
Commissioner.
Commissioner Plummer: Yes. Now, I'd like to ask the question, where the
Manager has indicated to the response of Commissioner Dawkins that there is
a one employee. The memo which the Manager sent to Commissioner Alonso shows
fitfour employees, and a total salaries and professional services of eighty-nine
thousand dollars ($89,000). That doesn't... something doesn't equate here.
Mr. Lawrence Terry, Jr.: That's the projected amount. Right now, there are
two subcontractees, one of whom is like a dockmaster, he is there twenty-four
hours a day, he is supervising... he has been supervising and will continue
until we get a replacement.
_,; 32 January 9, 1992
Commissioner Plummer: Do we pay him or does somebody else pay him.
Mr. Terry: We pay him as a subcontract.
Commissioner Plummer: But is he not then an employee?
Mr. Terry: He is not an employee of the City, no.
Vice Mayor Alonso: But we pay.
Commissioner Dawkins: But he...
Mr. Terry: In those figures, is included a person who is not yet hired from
the City who would be a maintenance person to help start fixing up the
facility which is in a state of disrepair. He is not currently... there is no
person being paid for that job. That's a projected statement that you have
there.
Commissioner Plummer: It doesn't say projected. I'm sorry, it does. I'm
- sorry. Mr. Manager, I asked you at the last Commission meeting that once
before, when the City was considering running the operation itself, you put
out a posture of the City of what could be if the City operated it, and the
return to the City in my estimation at that time, was good. I asked you at
the last meeting to come forth and adjust those figures based over the period
of time, I have not seen that.
Mr. Odio: No, wait, because we just took over it. We were getting ready to
take over. We just took over a day and -a -half ago. We are now... I wanted
him to go in there and look at the actual conditions of that place. It is a
mess. We know we have super -fund monies we can use for the environmental
cleanup, then we have some lawsuits we have to file, but the first thing
Commissioner, was not to lose what we have there now in the transition between
the receiver and us. And we won't.
Commissioner Plummer: Mr. Manager, the reason I asked...
Mr. Odio: I will have numbers for you, I say, within sixty days on a
projection of what can be done. However, I do have instructions from this
Commission to proceed with the RFP.
Commissioner Plummer: I understand that and I voted against it. But the
reason I am asking you to come forth with that projection again, is if we did
it. As I recall, there was something in the neighborhood of roughly five
hundred thousand dollars ($500,000) potential profit a year to the City. And
if that is the case, that is much more than even the private sector involved
offered us. And it might be for consideration of this Commission that we are
better to do it in-house than we are to go out to a private company. Now, all
I am asking is a comparison, so I personally, under today's conditions and
numbers, can see if that is in my estimation, realistic.
Mr. Odio: The one thing I need to do, and we need to do is, and we are doing
is, to estimate the amount of dollars that would be needed to be invested in
there now, because you have to pay that back, until we...
33 January 9, 1992
Commissioner Plummer: It was all part of the scenario that you brought to us
before and I would hope that you would bring to us again.
Mr. Odio: That scenario has changed because of the condition.
Commissioner Plummer: I asked you to update it and bring it back.
Mr. Odio: You will have it within thirty days, a projection on what possible
we could do there.
Mr. Terry: I might add that one of the things that we need to look into, the
fact that there is now a moratorium on new slips and as I understand it, dry
storage racks. This obviously is going to affect future revenues either for
the City or for a private company.
Commissioner Plummer: I don't know that there is moratorium. There is now a
process that you have to go through that you didn't before, but the moratorium
says there is no way. I think there is a process but I am not sure of that.
Mayor Suarez: Mr. Manager... have a seat, Mr. Terry, please. This gentleman
has a masters in Business Administration from Harvard?
Mr. Odio: He has a Bachelor of Science form Harvard on Business, and a
Masters of Finance from the University of Virginia.
Mayor Suarez: So he has a Masters of Finance from the University of Virginia.
What was he doing prior to being employed in this capacity?
Mr. Odio: He had his own business.
Mayor Suarez: Which is what? What business, what's the name of it, and where
was it, and what did he do?
Mr. Odio: He was importing flowers, wasn't it? He was an importer...
Mayor Suarez: Mr. Manager, the question is directed at you, sir. Have a
seat, Mr. Terry. If you hired this person...
Mr. Odio: I did.
Mayor Suarez: And you apparently recommended him, because that's going to be
my next question, you presumably know his background quite well.
Mr. Odio: He has a very...
Mayor Suarez: What was he doing, if you know, before. He was selling
flowers, he was importing flowers into the United States?
Mr. Odio: Yes, he was.
i
Mayor Suarez: That's his business?
Mr. Odio: Yes, sir.
34 January 9, 1992
1-1
Mayor Suarez: Do you know the name of the business?
Mr. Odio: I knew he was in business, he was very successful in business...
Mayor Suarez: Do you know the name of his business?
Mr. Odio: I do not know the name of his business.
Mayor Suarez: All right, let me ask you another question. Were o'Cher
applications considered? Were other... was there a process followed in this
determination, or did you just simply choose him?
Mr. Odio: The process, I had three people in mind and I interviewed one more
person.
Mayor Suarez: OK. Did Mr. Ruder interview anybody?
Mr. Odio: Mr. Ruder interviewed Mr. Terry.
Mayor Suarez: Only Mr. Terry?
Mr. Odio: Yes.
Mayor Suarez: Presumably, at your suggestion?
Mr. Odio: And some City employees.
Mayor Suarez: Presumably at your suggestion?
Mr. Odio: Yes, he did.
Mayor Suarez: All right, were other City employees, existing City employees
considered for the job? I thought we had...
Mr. Odio: Yes, there were.
Mayor Suarez: We had some sort of
procedure...
Mr. Odio: Yes, they were.
Mayor Suarez: ... for fairly high
level positions.
Mr. Odio: I considered two other
people from the City to
take over that job.
A temporary assignment, as I might
call it.
i
Mayor Suarez: But they were not interviewed by you or Mr.
Ruder?
Mr. Odio: One of them was interviewed by me, personally,
and I decided that I
had to make another move.
fl
V
}
Mayor Suarez: So you brought in someone
form the outside...
E
Mr. Odio: And I'd be glad to put
it on the record if you
so choose.
35
January 9, 1992
Mayor Suarez: ... who was in a totally different line of business and who...
Mr. Odio: I felt I needed, Mr. Mayor, a person above reproach in every sense
that had the finance background to handle a lot of cash transactions that are
occurring in that place, that could put a financial package together while we
are in the process about the RFP, I think he meets every single criteria. He
will show that, the record will show that. And the other two people I had in
mind were not the people that I needed at this time.
Mayor Suarez: And he has no particular experience in the administration,
management, operation of a boatyard that you know of?
Mr. Odio: He does not.
Mayor Suarez: All right. When are we going to get the new RFP given that
this Commission I think has indicated fairly clearly that we don't want to
change the prior procedure particularly, and that we want this done very
quickly? Now, you told me... at some points, you tell me six months, now the
latest estimate is a hundred and twenty days, four months?
Mr. Odio: One hundred and twenty days. We have to, in talking to Mr. Bailey,
and I think I agree with him that we have to revamp that RFP, that the other
one was over ambitious, that we might have to scale down what we want to do
there.
Mayor Suarez: But we talked about that four, five, six months ago. We were
in court, and I would have thought that by now, we would be ready to have this
Commission approve very quickly that process.
Mr. Odio: All right, we will have it in front of you as soon as we can and
then...
Mayor Suarez: What's the latest estimate? Four months is the best we can do?
Mr. Odio: We will try to move it forward, but that's... let's see if we can
have it ready for March. I don't see why we couldn't.
Mayor Suarez: All righty. Any further questions? Commissioner Dawkins.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mr. Odio: I have always understood, by the way, that we will only operate the
boatyard until we can turn it over to the private sector.
Commissioner Dawkins: Thank you, Mr. Mayor. Mr. Manager, for the record, how
many people will be employed in the operations of the boatyard?
Mr. Odio: As I have been told, we would only need one more, we need to have
one person more for maintenance and that's it.
Commissioner Dawkins: Al right. That person will be a permanent employee.
Is that a correct statement?
36 January 9, 1992
Mr. Odio: They will be a temporary person.
Commissioner Dawkins: Temporary?
Mr. Odio: Right.
Commissioner Dawkins: How many consultants do you plan to bring in as
consultants?
Mr. Odio: None.
Commissioner Dawkins: Then you and the gentleman who you have hired appear to
be at odd.
Mr. Odio: Consultants?
Commissioner Dawkins: Yes, sir.
Mr. Odio: To do what?
Commissioner Dawkins: I don't know. He just said... J.L. Plummers named...
said that...
Mr. Odio: We have subcontractors there now.
Commissioner Dawkins: Subcontract... all right.
Mr. Odio: We have two of them.
Commissioner Dawkins: How many subcontractors do you plan to hire?
Mr. Odio: There are two there now and that's all we are going to keep. We
are not going to hire...
Commissioner Dawkins: What are they doing there?
Mr. Odio: The one subcontractor deals with the repairs of boats, and the
other one deals with the racks... you know, taking boats out of the water and
placing boats in racks and in the storage and whatever, and with the dockage
of the Marina itself.
Commissioner Dawkins: OK. The fee that they charge is it to their fee and
they pay us a fee for being there, or we get the money and we pay them a fee
because they...?
Mr. Odio: We get the money and we pay them.
Commissioner Dawkins: We get the money and we pay them?
— Mr. Odio: Yes.
-t
Commissioner Dawkins: We get the money?
f Mr. Odio: Yes.
z
37 January 9, 1992
-_ Commissioner Dawkins: Mr. Mayor and fellow Commissioners, although the
Manager has the right by the Charter to make such a decision, I do not think
that this is a decision that was made in the best interest of the City of
Miami. I do not think that this gentleman has any expertise in the operation
and running of a boatyard, and I would like for this to go on the record, that
I strongly am opposed to this decision made by the Manager, although by way of
the Charter, it is the Manager's right.
10. A. DISCUSSION CONCERNING RECENT ELECTRICAL POWER OUTAGE AT ORANGE BOWL
DURING HURRICANES GAME.
B. DISCUSSION CONCERNING ORANGE BOWL RENOVATIONS.
------------------------------------------------------------------------------
Commissioner Dawkins: One more pocket item. What happened with the Orange
Bowl that caused the blackout?
Dr. Luis Prieto: Mr. Commissioner.
Vice Mayor Alonso: Excuse me.
Mayor Suarez: Dr. Prieto... Vice Mayor Alonso, do you yield, Commissioner
Dawkins?
Commissioner Dawkins: No, I yield to Commissioner Alonso.
Vice Mayor Alonso: Thank you. I received the memo of Commissioner Dawkins
asking me about this issue. I had sent previously a memo to the City Manager
and I understand that his response to all of us was based on my memo. And of
course, it's very important that we address this issue this morning in public,
so I appreciate that Commissioner Dawkins brought this item at this time.
Mr. Prieto: Yes. We opened an investigation with electrical engineer from my
department, GSA (General Services Administration) and from Building and
Zoning. We traced it to a box that was inside a transformer volt, and what
had happened was that a large size cable was loose in the connector. When a
cable is loose it starts to arc and apparently for a period of time, we can't
ascertain whether it was a few weeks, the arching corroded the cable and the
cable disconnected. And that was the cause for the disconnection.
Vice Mayor Alonso: May I ask a question at this time, please? You said that
a cable was loose and you cannot identify whether this happened several weeks
before, meaning, we did not check prior to the game?
Dr. Prieto: Exactly. We did not specifically check that box. The box was
inside a transformer room. These rooms are extremely dangerous, there are
four thousand volts in these rooms and this box was behind a set of
transformers. It was extremely dangerous to check inside that box. Even if
they had opened the box, the position of the cable is such that it was not
visibly available to the inspector. It's one of those things that we hope to
rectify with the new electrical system we are having to have everything in an
area that is plainly seen. But this box was certainly not accessible.
38 January 9, 1992
Vice Mayor Alonso: Are you said then that this was really behind our control?
There was nothing we could have done differently to prevent this incident?
Dr. Prieto: Yes, that's my opinion, Vice Mayor.
Mayor Suarez: Let me follow up, Madam Vice Mayor, if I may...
Dr. Prieto: Yes, sir.
Vice Mayor Alonso: Yes.
Mayor Suarez: ... while you ponder your next question here. I read the memo
in response to the concerns of Commissioner Dawkins, and I see there is a
whole issue of some equipment that may or may not have some issues... some
problem of contamination, some problems of leakage or something. And that's
thrown in there as part of all of this analysis. There are like three items
that were being looked at here, the lines, the switches, and some other
equipment that had some leakage or didn't, and you were checking all of those.
Dr. Prieto: Right. These other issues were merely conjectural. We traced
it***
Mayor Suarez: And they are also quite irrelevant.
Dr. Prieto: Quite.
Mayor Suarez: Thank you.
Dr. Prieto: Yes, sir.
Mayor Suarez: So I wish that they hadn't been included in that memorandum at
all. Because the memorandum sought to determine, logically, why we had a
power outage during the transmission by NBC (National Broadcasting Company).
Dr. Prieto: That's right.
Mayor Suarez: It sought to determine why if we had determined that this whole
system had to be changed, many, many months ago - how many months ago did we
determined that it had to be changed?
Dr. Prieto: We determined about a year ago we were going to change it.
Mayor Suarez: I was going to say, probably a year. That's the usual period
that comes into play here, twelve months ago.
Vice Mayor Alonso: Or a little longer.
Mayor Suarez: And we went out and got a bid for a million something. We
decided that we ought to break this down and do it ourselves. I am not sure
why we didn't do that from the beginning, since we have somebody obviously so
knowledgeable in electrical engineering, as yourself, as in every other phase
of engineering. Ultimately then they throw in all the stuff about this other
equipment that has some leakage or something, and there were two that I think
39 January 9, 1992
were tested to have some leakage, and I don't see any relevancy of that. You
have this two thousand volt?
Dr. Prieto: Four thousand, sir.
Mayor Suarez: Four thousand volts coming in to a room right at the level
of... you couldn't do that by some transformer outside or... I am sure you can
and I am sure you will in the future, because I don't think it's a good idea
to mix you know, people like Max and Al and them with two thousand volts of
electricity. I mean, we could have some...
Mr. Odio: Mr. Mayor.
Mayor Suarez: Wait, wait, wait, I am just getting to the basic point here.
So basically, what we had to do is we had to replace some circuits, we had to
replace some lines, some switches and lines.
Dr. Prieto: Yes, sir.
Mayor Suarez: It doesn't sound that complicated.
Dr. Prieto: It isn't.
Mayor Suarez: They are high voltage lines, they are probably fairly
sophisticated switches, but you would think that a year ago we would have
said, let's do it now, and let's do it by the quickest process that we know,
which is to break it down. We didn't, we went out for bid, we got a bid that
was about four hundred thousand dollars more than we thought that we should
bid, and then the outage comes. It comes in the middle of a broadcast, and
when City administrators are asked about it, the station with this gentleman
over here, Mr. Sunshine, does a shame on you, showing a very, very
illustrative picture of you and Wally, and company, you know, drive away at
full speed, and of course, they come to City Hall and who do they find? -
good old the Mayor to try to explain all of this. Really, when are we going
to start making some logical decisions? This reminds me of the electric
meters at the Marina Caper back here.
Vice Mayor Alonso: Oh, please.
Mayor Suarez: Which was really just... I mean, these are logical things.
You've got an electrical system, you replace it, you test it. You could have
an entire broadcast as a test of the system before the actual game. That's
not difficult. You just put on a tape and broadcast the whole thing to NCB,
to New York, to whatever, to make sure it works and then you know, you've
tested it. Anyhow, none of that was done, I guess, and we have this outage.
We can be assured of course that the system will be in tip top shape for next
year.
Dr. Prieto: Absolutely, sir. Everything is being changed. In fact, the
electrical contractor is changing things now.
Vice Mayor Alonso: We are replacing it.
40 January 9, 1992
Mayor Suarez: Can we test the two thousand volts on Sunshine over there? Can
we have him... yes, Commissioner Dawkins.
i Commissioner Dawkins: What other... I'm not going to call them repairs, what
other preventive maintenance did we promise the Orange Bowl that we were going
to do that needs to be done?
Mr. Odio: Maintenance or replacement? We promised the Orange Bowl that by
this game that just occurred, we would have all brand new bathroom
concessions, and the score -board was in place. That's all we promised the
Orange Bowl committee.
Commissioner Dawkins: We did not promise the Orange Bowl committee that they
would have a safe operational stadium?
Mr. Odio: That we would have a safe structure and that we would provide a
certificate, which we did, that the structure is safe.
Commissioner Dawkins: All right then, what is the... and I'd hate to... Mr.
Mayor, I hate to keep saying repairs.
Mayor Suarez: Improvements.
Commissioner Dawkins: Thank you, Mr. Mayor. What improvements can I tell the
Orange Bowl will be completed... I'm sorry, can I tell the Orange Bowl and our
prime tenant, the University of Miami, that all this would be done before the
football season next year? Name them all for me now.
Mr. Odio: We will have before the start of next season, a brand new structure
in the Orange Bowl. Every single - what do you call those things?
Dr. Prieto: Joists.
Mr. Odio: Joists, in the Orange Bowl, something that we did not promise by
the way, we only promised to replace part of. We are now going to replace all
of the joists in the Orange Bowl. That means that you will have by the
beginning of the next season, a brand new structure at the Orange Bowl that
should last fifty years. And of course, the bathrooms are finished and we are
going to add, in addition to that, some women bathrooms that we discovered we
need. And the electrical work completely redone, and we will do the third
level press box completely over. So in fact, we have now done more than what
the Mayor and I promised the Orange Bowl Comn4ttee. Right now, we have done
more. By the time we finish, we will have done much, much more than we had
promised that we would do. And you will have in fact, a brand new structure
by the beginning of next year.
Commissioner Dawkins: OK. Now that I've heard what you told the Mayor and
Orange Bowl, tell me what we are going to do - me, the Commissioner.
Mr. Odio: I will repeat it again, Commissioner.
Commissioner Dawkins: OK.
41 January 9, 1992
Mr. Odio: We will replace all the joists in the Orange Bowl. That is, the
joists are, the beams that go from column to column where the seating goes.
Commissioner Dawkins: OK.
Mr. Odio: We will have new seating that we are looking for now. We will have
the third level press box completely redone.
Commissioner Dawkins: OK.
Mr. Odio: We will have a new ball field...
Commissioner Dawkins: OK.
Mr. Odio: ... which would be better than what we now have, which is
excellent.
Commissioner Dawkins: OK.
Mr. Odio: We would have completely replaced all the electrical wiring in the
stadium...
Commissioner Dawkins: OK.
Mr. Odio: ... and now... yes, that's what I said, the third level, yes.
Commissioner Dawkins: OK. At a total cost of what?
Mr. Odio: Six million dollars ($6,000,000).
Commissioner Dawkins: And where is...?
Mr. Odio: We have been allocated...
Commissioner Dawkins: Where is the six million dollars now?
Mr. Odio: We have been allocated by the County, seven million dollars
($7,000,000). The first reading of the ordinance is January 21st; second
reading, February. Then the money will be merely sent to us. In the mean
time, we are prepared, we are ready. Right now, we are doing some work on
asbestos removal. The electrical wire contractor is in place, so, by the time
! the money comes from the County we will be awarding the bids, and all the work
! should be starting to complete the joists in February.
f Commissioner Dawkins: God forbid, if Joe Gersten decides to hold the money up
at the County and not give it to us, what happens?
Mr. Odio: There is not such a thing that can happen, Commissioner.
C Commissioner Dawkins: Why?
_E
i
1� Mr. Odio: The resolution has already been passed, the money has been awarded.
It's a formality.
42 January 9, 1992
Commissioner Dawkins: He's held up everything else I wanted from over there,
what makes you think he cannot hold this up?
Mr. Odio: I think I can count votes, and I saw what...
Commissioner Dawkins: Beg pardon?
Mr. Odio: I was there in the County Commission...
Commissioner Dawkins: I thought that too - you remember when I went over
there and thought I could count votes?
Mr. Odio: Commissioner, I will tell you that what I have seen, I was there in
the County Commission. It's not a question of one Commissioner stopping this.
This is a firm deal. The Sports Authority got their money, we got our money,
and the work will be done. I just want to put something on the record, since
this Orange Bowl question came up about the wiring. I did five telecasts from
the Knight Center - I was personally responsible for them, with Miss Universe
people. I have never seen a live telecast done without a backup generator.
In fact, I know for a fact, because I argued with Miss Universe who had, by
the way, a larger audience than the Orange Bowl game, that we had to pay
forty-five thousand dollars ($45,000) to have a backup generator that would
kick immediately. I remembered discussions with them at that time and I have
always known, and Al Sunshine should know, that on any live telecasts, you
must have a backup. That there is not such a thing as a complete guarantee
electrical system, that any wire... what do you call those things? - switch
box, or whatever can go wrong at any time. The fact that the Orange Bowl had
six live telecast from there this year and nothing happened, and that the fact
that we had transmitted five Super Bowl from there with the same wiring and
nothing happened. The fact that five days before the wiring burned, that NBS
had been hooked up for five days to the same wire and nothing happened. Yet,
my question is, why wasn't there a backup system to immediately go into, if
something like this should happen of an act of God.
Commissioner Dawkins: Mr. Manager, Mr. Sunshine does not work for the City of
Miami. It is not Mr. Sunshine's job to paint a pretty picture to make the
City of Miami look good. It's Mr. Sunshine's job to report the news, so that
it will draw viewership to his station, whatever that is. Now, secondly, you
have nothing to be ashamed of. How old is the stadium?
Mr. Odio: It's older than we me, but...
Commissioner Dawkins: All right. And that electrical system has been there?
Mr. Odio: Yes, sir.
Commissioner Dawkins: Anything that's mechanically made will mechanically
fa11. And this happened due to a mechanical failure over which you, and I
don't think anybody else had any control.
Mr. Odio: Yes, sir.
Commissioner Dawkins: There is a thing called a supreme being, and whatever
that supreme being wishes, that's what happened. It could have been a brand
new system.
43 January 9, 1992
c
Mr. Odio: Yes.
Commissioner Dawkins: But if it was so destined that that blackout would have
occurred, you couldn't have avoided it, Mr. Manager.
Mr. Odio: You know Commissioner, thank you, but it does disturb me because we
were ten minutes away from walking away from a very complicated season. We
were under construction the whole year. You know, they always blame the City
for everything that happens, the press does. They never have said once that
the contractors we hired to do the work at the Orange Bowl were absolutely
failures, that they were the private sector that failed there, that we had to
kick them out, and we have to do ourselves the work so that we could be ready.
That's never said. It was never said by the press that the Orange Bowl, every
person that was sitting there in that Orange Bowl enjoyed the game and they
enjoyed the new facilities at the Orange Bowl, they never said that either.
So, because of ten minutes, because of a blackout that lasted eighteen
seconds... I was sitting up in the mountains and the game was so boring, we
didn't even know that it was blacked out, so. The fact is that we always get
the blame and I feel... I am very proud of what we have done at the Orange
Bowl with no resources, and now to, just because of this instance...
Mayor Suarez: The overall picture that the nation got was very favorable, but
that is not really what we are asking about, Madam Vice Mayor?
Vice Mayor Alonso: Yes. One last comment is, I think it would have resolved
all of the problems and it would have clarified the situation if the City of
Miami would have come publicly and give a statement to the press, even if it
meant call a press conference to respond to all that had been published, and
said through TV about the situation, and it was not handled in a proper way.
And I think that it is something to learn on the occasion and others, as to
how to respond. It's an act of God that we had no way of preventing, as you
have stated. But it is important that immediately, the City of Miami, and as
a system, come forward and clarify the situation rather than running from the
press, facing the press, and letting them know and every one else what has
happened. And I think that's an important lesson to learn as well.
Mayor Suarez: You know, and I have a question here, it just struck me, maybe
it should have struck me from the beginning. What network is it that telecast
the game?
Mr. Odio: NBC.
Mayor Suarez: What channel locally is...
Commissioner Plummer: Four.
Mr. Odio: It's four.
Mayor Suarez: And this investigation has been taken as far as it has been
taken by channel six, right? - locally.
Mr. Odio: Yes.
44 January 9, 1992
Mayor Suarez: What network is that?
Mr. Odio: CBS.
Mayor Suarez: Right, very interesting. OK.
------------------------------------------------------------------------------
11. CLOSE DESIGNATED STREETS IN CONNECTION WITH UNIVERSITY OF MIAMI
CHAMPIONSHIP PARADE TO CELEBRATE MIAMI HURRICANES VICTORY AT ORANGE
BOWL - AUTHORIZE PROVISION OF IN -KIND SERVICES.
------------------------------------------------------------------------------
Mayor Suarez: Item 2, finally. International Trade Board, second reading.
Commissioner Plummer: Mr. Mayor, I've been asked to bring up a pocket item,
and it's with the Orange Bowl. Even though the Manager says the game was
boring, we were all very proud of the results. I would like to offer a
motion...
Mayor Suarez: For once, we agree with the media. He is over there clapping
now, all right.
Commissioner Plummer: ... that there is to be a gigantic welcome and
congratulations to the University of Miami on January the 24th 1992. The
County has asked us to participate and we have said to the County we will
participate as long as we have the recognition of our participation. It is
now asked that we contribute, not to exceed, sixty-five hundred dollars of in -
kind services for the purposes of the congratulation parade and ceremonies for
the University of Miami becoming co -number one and I so move, Mr. Mayor.
Mayor Suarez: So moved. Second. Any discussion? If not, please call the
roll.
45 January 9, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-18
A RESOLUTION RELATED TO THE "UNIVERSITY OF MIAMI
CHAMPIONSHIP PARADE" TO BE CONDUCTED BY THE CITY OF
MIAMI AND METROPOLITAN DADE COUNTY ON FRIDAY, JANUARY
24, 1992, TO CELEBRATE THE MIAMI HURRICANES' VICTORY
AT THE ORANGE BOWL; AUTHORIZING THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC
SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS
OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES;
FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL
PEDDLERS DURING THE PERIOD OF THE EVENT; AUTHORIZING
THE PROVISION OF IN -KIND SERVICES IN AN AMOUNT NOT TO
EXCEED $6,5000 FROM THE DEPARTMENTS OF POLICE, FIRE,
RESCUE AND INSPECTIONS SERVICES, GENERAL SERVICES
ADMINISTRATION/SOLID WASTE AND PARKS AND RECREATION;
FURTHER WAIVING ALL CITY FEES ALLOWED TO BE WAIVED BY
THE CITY CODE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
12. SECOND READING ORDINANCE: AMEND CODE SECTION 2-422 (INTERNATIONAL TRADE
BOARD) - MODIFY QUORUM REQUIREMENT AND NUMBER OF VOTES REQUIRED FOR
BOARD ACTION.
Mayor Suarez: Item 2, second reading.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
46 January 9, 1992
Mayor Suarez: Second. Any discussion? If not, please call the roll.
A. Quinn Jones, Esq.: Read the ordinance, Mr. Mayor.
Mayor Suarez: Read the ordinance, please. Call the roll, please.
AN ORDINANCE
AN ORDINANCE AMENDING SECTION 2-422 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, CONCERNING THE
INTERNATIONAL TRADE BOARD, BY MODIFYING THE QUORUM
REQUIREMENT AND THE NUMBER OF VOTES REQUIRED FOR BOARD
ACTION; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 5, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Vice Mayor Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10939.
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: AMEND CODE SECTION 54-104 (STREETS AND
SIDEWALKS / NONSTANDARD STREET WIDTHS) BY MODIFYING WIDTH OF CERTAIN
STREETS.
Mayor Suarez: Item 3.
Vice Mayor Alonso: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
47 January 9, 1992
Mayor Suarez: Second. Any discussion? If not, please read the ordinance.
Call the roll, please.
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREET
AND SIDEWALKS" BY AMENDING SECTION 54-104 ENTITLED
"NONSTANDARD STREET WIDTHS" BY MODIFYING THE WIDTH OF
A CERTAIN STREET; ESTABLISHING AN EFFECTIVE DATE; AND
CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 5, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10940.
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.
14. SECOND READING ORDINANCE: AUTHORIZE ISSUANCE OF PARKING SYSTEM REVENUE
BONDS, SERIES 1992 ($7,500,000) FOR PURPOSE OF REFUNDING THE CITY'S
SUBORDINATED PARKING SYSTEM REVENUE BONDS, SERIES 1986 AND 1990, AND
CITY'S OBLIGATIONS UNDER PARTICIPATION AGREEMENT WITH FIRST MUNICIPAL
LOAN COUNCIL.
------------------------------------------------------------------------------
Mayor Suarez: Item 4.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
48 January 9, 1992
p
Mayor Suarez: Second.
Commissioner Plummer: I have a question.
Mayor Suarez: Questions.
Commissioner Plummer: Mr. Manager - hello, Mr. Manager.
Vice Mayor Alonso: Mr. Manager.
Commissioner Plummer: Or Mr. Cook, you can come up, it's your item. I want
on the record, what in this is referred to as the City's obligation. This is
for the Off -Street Parking Authority, I am asking you put on the record where
it says here, "and the City's obligation under participating agreement." Is
the City obligated for this bond issue or is it solely the Off -Street Parking
Authority?
Mr. Cook: The City is obligated for the bond issue. We do not have bonding
authority at Off -Street Parking.
Mr. Odio: We have to be able to get it, but we backed it up with their...
Mr. Cook: We backed it up.
Commissioner Plummer: For what guaranty does this City have in back up that
they will not have to come against the City if possible default?
Mr. Cook: It's guaranteed with all the parking revenues.
Mr. Odio: They have to guarantee this with their parking revenues, and they
have to be...
Commissioner Plummer: You're satisfied that it's adequate?
Mr. Odio: Yes, they do have the reserves in place.
Commissioner Plummer: Thank you, Mr. Mayor.
Mayor Suarez: And to put it in other terms, the full faith and credit of the
City is in fact given as guarantee.
Mr. Odio: You have to do it.
Mayor Suarez: You might want to check with the Sports and Exhibition
Authority on some of the bonds that they have issued. I think in some cases
there is no full faith and credit on behalf of the City and familiarize
yourself with the distinction between some of those because this Commission is
going to want to know when our full faith and credit is involved and when it
isn't.
Commissioner Plummer: Originally it was with the Arena and then it was
released.
49 January 9, 1992
0
n
Mayor Suarez: And how it is and in some cases we can be released out of
having any secondary obligation and in this case we're not. Call the roll
otherwise on the ordinance. Call the roll, please.
AN ORDINANCE -
AN ORDINANCE AUTHORIZING THE ISSUANCE OF PARKING
SYSTEM REVENUE BONDS, SERIES 1992, OF THE CITY OF
MIAMI UNDER ORDINANCE NO. 10115 ENACTED ON JUNE 26,
1986, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$7,500,000 IN ONE OR MORE SERIES, FOR THE PURPOSE OF
REFUNDING THE CITY'S SUBORDINATED PARKING SYSTEM
REVENUE BONDS, SERIES 1986 AND SERIES 1990, AND THE
CITY'S OBLIGATIONS UNDER A PARTICIPATION AGREEMENT
WITH THE FIRST MUNICIPAL LOAN COUNCIL; PROVIDING FOR
THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON
SUCH BONDS FROM NET REVENUES DERIVED BY THE DEPARTMENT
FROM ITS PARKING SYSTEM AND CERTAIN INVESTMENT INCOME;
AUTHORIZING THE SALE OF SUCH BONDS ON A NEGOTIATED
BASIS; AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO
EXECUTE ANY DOCUMENTS REQUIRED IN CONNECTION HEREWITH;
AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE
CITY TO TAKE ALL ACTIONS REQUIRED IN CONNECTION WITH
THE ISSUANCE OF SAID BONDS; AND PROVIDING AN EFFECTIVE
DATE.
Passed on its first reading by title at the meeting of December 5, 1991,
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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10941.
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.
50 January 9, 1992
15. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: OFFICE
OF INTERGOVERNMENTAL LIAISON (PY 191) - APPROPRIATE $60,000 FROM SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC).
Mayor Suarez: Item 5.
Commissioner Plummer: Move it.
Mayor Suarez: South Florida Training Employment Consortium.
Vice Mayor Alonso: Second.
Mayor Suarez: Moved and seconded.
ordinance. Call the roll.
AN ORDINANCE -
Any discussion? If not, please read the
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "OFFICE OF INTERGOVERNMENTAL LIAISON (PY
191)" AND APPROPRIATING FUNDS FOR OPERATION OF SAID
PROGRAM IN THE AMOUNT OF $60,000 FROM THE SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 5, 1991,
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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10942.
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.
51 January 9, 1992
16. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: DADE
COUNTY EMS GRANT AWARD (FY 192) - APPROPRIATE $297,653, CONSISTING OF
$118,955 GRANT APPORTIONED BY METROPOLITAN DADE COUNTY, $167,882 IN FUND
CARRY-OVER FROM PREVIOUS EMS GRANT AWARDS, $6,816 IN ACCRUED INTEREST
EARNINGS, AND $4,000 INTEREST EARNINGS.
Mayor Suarez: Item 6.
Commissioner Plummer: Mr. Mayor, I would like to ask a question.
Mayor Suarez: Yes, Commissioner.
Commissioner Plummer: Mr. Manager, all of these monies are grants? Is that
correct? - in establishing this new fund.
Mr. Odio: Yes, they are grants.
Commissioner Plummer: And what is this fund going to be used for?
Mr. Odio: You're talking about Item 5, specifically?
Commissioner Plummer: Item 6, sir.
Mr. Odio: I'm sorry. They are going to implement the following projects:
aquatic safety and accident prevention programs, EKG Monitor Defibrillators,
rescue vehicle - ambulance, conferences and seminars, telephones interfaced
for transmission of 12-lead EKG's, safety literature, it's all related to
rescue and safety and all that, Commissioner. A hand-held computer for
EMS(Emergency Medical Service) incident reporting.
Commissioner Plummer: No, that's another item.
Mr. Odio: No, this is all under the same item 6.
Commissioner Plummer: Wait a minute.
Mr. Odio: Emergency medical dispatch.
Commissioner Plummer: The hand-held computers, isn't that another issue?
Mr. Odio: No, no, no. This is a hand held computer for EMS incidents
reporting. The other one is a lap top. This is all related specifically to
EMS, emergency medical services.
Commissioner Dawkins: Wait a minute.
Commissioner Plummer: Something's wrong here.
Commissioner Dawkins: Yes sir, it is.
52 January 9, 1992
Mr. Odio: Am I wrong on that, six?
Chief Frank Rollason: No, it's two different areas. Chief Rollason, Fire
Marshal. We've got two different areas. One is that this is the areas that
this grant money would be utilized in but they still have to come before the
Commission for the approval and that's the issue that Commissioner Dawkins is
speaking of where one of the items is the lap top, hand-held computers that
was deferred today. This is to accept the money but when we go to spend the
money we have to come back here to you and that just happens to be one of the
items.
Commissioner Plummer: Well, I want to tell you, Chief, I have no problem with
creating the funds since it's money being given to us, but I want to tell you
even though, whether you like it or not, the awareness program you're going to
have to bring me an awful lot of justification before this money is spent.
Chief Rollason: Understood.
Mayor Suarez: OK, establishing a fund then. Do we have a motion.
Commissioner Plummer: Move it.
Mayor Suarez: Madam City Clerk.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Read the ordinance, please. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "DADE COUNTY EMS GRANT AWARD (FY 192)",
APPROPRIATING FUNDS FOR ITS OPERATION IN THE TOTAL
AMOUNT OF $297,653, CONSISTING OF A $118,955 GRANT
APPORTIONED BY METROPOLITAN DADE COUNTY FROM THE STATE
OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES UNDER THE "FLORIDA EMERGENCY MEDICAL SERVICES
("EMS") GRANT PROGRAM FOR COUNTIES", $167,882 IN
CARRY-OVER FUND BALANCE FROM PREVIOUS EMS GRANT
AWARDS, $6,816 IN ACCRUED INTEREST EARNINGS FROM
PREVIOUS EMS GRANT AWARDS, AND AN ESTIMATED $4,000 IN
INTEREST EARNINGS FROM THE 1992 EMS GRANT AWARD;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
AFOREMENTIONED GRANT AWARD AND ENTER INTO THE
NECESSARY LETTER OF UNDERSTANDING WITH THE FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
AND/OR METROPOLITAN DADE COUNTY, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY AND SUBJECT TO APPLICABLE CITY
CODE PROVISIONS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
53 January 9, 1992
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Commissioner Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
17. ESTABLISH CHARGES, TERMS AND CONDITIONS FOR USE OF ORANGE BOWL STADIUM
BY THE PROFESSIONAL SPRING FOOTBALL LEAGUE.
------------------------------------------------------------------------------
Mayor Suarez: Item 7.
Commissioner Plummer: Mr. Mayor, I am going to move Item 7 with pleasure, but
I want on the record, Mr. Manager, I want on the record that approving item 7
in no way will hinder the improvements and renovations to the Orange Bowl as
scheduled.
Mr. Odio: No, when we...
Commissioner Plummer: All I want is a yes or no.
Mr. Odio: It will not interfere.
Mayor Suarez: All right.
Commissioner Plummer: I hope that I don't have to remind you.
Mr. Odio: It cannot interfere, let me put it that way.
Commissioner Plummer: I move the item, Mr. Mayor.
Mayor Suarez: So moved.
Vice. Mayor Alonso: Second.
Mayor Suarez: Seconded. Any discussion. If not, please call the roll on
Item 7.
54 January 9, 1992
11
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
a RESOLUTION NO. 92-19
A RESOLUTION, WITH ATTACHMENT(S) ESTABLISHING CHARGES,
TERMS AND CONDITIONS FOR THE USE OF THE ORANGE BOWL
STADIUM BY THE PROFESSIONAL SPRING FOOTBALL LEAGUE FOR
SEASON HOME FOOTBALL GAMES FOR A FIVE YEAR PERIOD,
WITH THE OPTION ON THE PART OF THE PROFESSIONAL SPRING
FOOTBALL LEAGUE TO EXTEND SAID TERM FOR TWO ADDITIONAL
FIVE-YEAR PERIODS; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE
PROFESSIONAL SPRING FOOTBALL LEAGUE FOR SAID PURPOSE;
AND SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
18. EXECUTE A PURCHASE AND SALE AGREEMENT FOR PROPERTY KNOWN AS FORMER FIRE
STATION NO. 9 (7561 N.E. 1 AVENUE) WITH PATRICK AND YVROSE BEAUREGARD,
PRINCIPALS OF HOPE PRE-SCHOOL, INC. - FOR PURPOSES OF OPERATING A DAY
CARE CENTER.
Mayor Suarez: Item 8.
Commissioner Dawkins: Move it.
Mayor Suarez: Sale of the former fire station. Moved by Commissioner
Dawkins.
Commissioner Plummer: I've got some discussion on that, Mr. Mayor.
Mayor Suarez: CK, Commissioner Plummer.
55 January 9, 1992
Commissioner Plummer: I'll second it for discussion.
Mayor Suarez: All right.
Commissioner Plummer: The breakdown on this thing doesn't make any sense to me
whatsoever. They're saying that the value of this property is $240,000. Why
are we giving credit for the money that they spent when they leased the
building doesn't make any sense to me. Plus, they're getting $10,000 off for
depreciation. The bottom line is that the appraisal is $240,000...
Mayor Suarez: What's the sale?
Commissioner Plummer: The sale is $33,000. It doesn't make any sense to me.
Mr. Al Armada: I'll try to explain it, Commissioner, as best as I can. If
you remember when we... actually in 1986, leased this piece of real estate...
Commissioner Plummer: Yes sir.
Mr. Armada: ... it was completely destroyed, completely vandalized.
Commissioner Plummer: Has no bearing on it.
Mr. Armada: Well, it does in the sense that they spent $217,000 to bring the
property to a condition which they could make it tenantable for the day care
center.
Commissioner Plummer: And they were told at the time that the monies that
they expended to fix the place up, which we all knew that it was in a
dilapidated state, was not monies that they were ever going to be able to
recoup. There was no indication whatsoever that you spend a dollar, that
you'll get a dollar back.
Mayor Suarez: At the time of this appraisal, did they have a remaining lease
term on this property?
Mr. Armada: No, because in 1981...
Commissioner Plummer: It just doesn't make sense.
Mr. Armada: In 1991 the first five year term, OK, came up and when they asked
for a renewal, OK, we basically said no we won't renew it until we try to
figure out a way of selling the property. The property was put out for sale
at $240,000. That was a fair market value of the property. The only thing
here was that as a result of their investment and the money that they put into
the property which has been recognized at this point by the City, we were
giving them, if they were to have been the successful bidders on the request
for proposal for the sale, which they were, we were giving them a credit of
$217,000 less depreciation.
Commissioner Plummer: Why?
Mr. Armada: Because they...
56 January 9, 1992
Commissioner Plummer: Did you ever, at any time, guarantee them that any
money that they spent, that in somehow would be reimbursed?
Mr. Armada: No, we did not do that under any circumstances.
Commissioner Plummer: If someone else had been the successful bidder, were
you going to return their $217,000?
Mr. Armada: Yes, that's the way that the request for proposal had been
written.
Commissioner Plummer: No sir. No sir. Was there ever a guarantee made to
_ these people that any dollar that they spent would be reimbursed?
Mr. Armada: No. Only... wait, Commissioner...
Commissioner Plummer: I'm not going to argue, it's a needed thing, but it
doesn't make sense to me that a $240,000 appraisal this City is going to sell
for $33,000. I can't under any circumstances make any sense out of that at
all.
Mr. Armada: Commissioner, the only... excuse me, sir.
Commissioner Plummer: Who gave you the authorization to give them a
depreciation?
Mr. Armada: A depreciation? No the depreciation is against their interest,
sir. Please understand that.
Commissioner Plummer: Who gave you the authorization to negotiate with them
that they would get their money back?
Mr. Armada: That is the way that the request for proposal was written.
Commissioner Plummer: Who put the proposal out?
Mr. Armada: We put a motion, there was a motion that was brought before the
City Commission...
Commissioner Plummer: To get rid of surplus property, period, amen.
Mr. Armada: Yes, this is a surplus property, it was considered a surplus
property.
Commissioner Plummer: We didn't tell you to give the damn thing away.
Mr. Armada: Commissioner, let me explain something to you. The only reason
why this property is worth $240,000 in fair market value is because of the
improvements that they did.
Commissioner Plummer: I understand that but they had no guarantee.
57 January 9, 1992
Mayor Suarez: The correct way to have done it, going back in history, would
have been at the time before they made the improvements to have put it out for
bid with a $30,000 appraisal, which is what it was worth at the time...
Mr. Armada: Or less, much less.
Mayor Suarez: ... and then they could have come in with $30,000 added two
hundred and some thousand improvements and now they would have something worth
$240,000. This way it is embarrassing, because we're, without legally having
to recognize their investment, is what you're telling us, we are in fact sort
of voluntarily because of equity or justice or fairness, recognizing it at a
time that we could simply take the property hack and say thank you for
improving it, you know, we love you.
Mr. Armada: We would still have to entertain an additional five year term on
the lease. The reason...
Mayor Suarez: Why? Wasn't it at our option to renew it or not renew it?
Mr. Armada: Because originally when it was leased out to them, it was for a
total of a ten-year period; five years with one five - year option.
Mayor Suarez: Whose option?
Mr. Armada: At the City's discretion.
Mayor Suarez: Right.
Mr. Armada: That's why, when they came in to request in fact the extension of
five years, they asked for a lot more at that point.
Mayor Suarez: See, because if they had an enforceable five year remaining
term on their lease, that would, of course, take away value from our fee
simple and then you could say, well, you know anybody else has to bid against
that. That would make sense. But I'm not sure that they had an enforceable
option and you're not giving me a real simple, clear answer on that.
Mr. Armada: Let me put it to you this way. They did have an option, you
know, there was not... The way that the option was to be exercised of course
was always with reasonableness. If they would...
Mayor Suarez: Was there a criterion of reasonableness to be exercised?
Mr. Armada: Yes, to be exercised. They would have, you know, performed day
care center in a way in which we had complaints, problems, so forth and so on,
we would have had reason not to exercise that five-year term. What we did
with the five year term is we put it in abeyance in hope of, OK, bringing the
property up for sale. Again, I have to emphasize that the fair market value
today is $240,000 and there's no question in anyone's mind that that's what
the fair market value is today as a result of their having spent $217,000.
Commissioner Plummer: From where did the authorization come to you to say...
Mayor Suarez: For the RFP (request for proposals)? From this Commission.
58 January 9, 1992
Commissioner Plummer: No, we did not approve any RFP.
Mr. Armada: Commissioner, there was a motion that the Commission...
Vice Mayor Alonso: Yes, we did.
Mayor Suarez: Yes, we had to approve the RFP.
Commissioner Plummer: The only thing that that motion said was dispose of
surplus property.
Mr. Odio: No, this building.
Mr. Armada: No, this motion specifically said put this property up for
sale...
Commissioner Plummer: Did that motion in any way...
Mayor Suarez: And recognize their investment.
Commissioner Plummer: ... indicate give them back dollar for dollar what they
spent?
Mr. Odio: No.
Mr. Armada: Commissioner, dollar for dollar for what they spent is not the
case because it is depreciated. You seem to think that depreciation is going
the other way. But depreciation is going against them.
Commissioner Plummer: I understand that...
Mayor Suarez: But what did it say on the issue of recognizing their
investment. Don't get into $10,000, that's minor. What did it say? What did
the resolution say on the issue of their two hundred and some thousand dollar
investment? That that had to be recognized in the bidding process?
Mr. Armada: When the discussion, when this motion came up...
Mayor Suarez: What did the resolution say?
Mr. Armada: Please, let me...
Mayor Suarez: Before we get to the deliberations and discussion?
Mr. Armada: It was not a resolution, it was a motion.
Mayor Suarez: What did the motion say on that issue?
i Mr. Armada: The discussion of the motion was that there was an inherent
Interest on the part, theirs, that was being recognized. It was not
considered that much at that point. We didn't know what it was. Subsequent -
to that, as a matter of fact, is when we did, we got them to do an audit by
Sharpton & Company and then we subsequently audited, OK, the Sharpton &
Company audit.
I
59 January 9, 1992
s
Mayor Suarez: We didn't know the amount but did we recognize the general
concept they had invested in there and we were going to allow them to bid that
amount as part of their bid and anyone else would have to first pay them off
that?
Mr. Armada We didn't know the amount... that they had an interest... yes.
You know, let me tell you something.
Mayor Suarez: That's in the motion.
Mr. Armada: Yes.
Commissioner Plummer: They were told at the time of the lease, that any
dollar they spent in there was at their own risk and they would not be able to
recoup it. They were told that. Now, suddenly, suddenly, I mean, Al, it is
.
Mr. Armada: OK, Commissioner, let me read to you what it says in the lease.
Commissioner Plummer: Want to know why we've got problems?
Commissioner Dawkins: Read it.
Mr. Armada: Let me tell you what it says in the lease.
Commissioner Plummer: Read it.
Mr. Armada: There's two clauses.
Commissioner Dawkins: Read it. Read it.
Mr. Armada: Yes, sir. Yes, sir. The two important ones. "Lessee will not
compensate or reimburse for structural cost expending in order to obtain a
certificate of occupancy. Lessee will be compensated for any structural
improvements which exceed the cost of obtaining a certificate of occupancy
upon a schedule which will be agreed to in the event that Lessor exercises his
right to terminate."
Commissioner Plummer: And how much money did we give them to do that work?
Mr. Armada: Nothing. Not a penny.
Mr. Ringo Cayard: Nothing.
Commissioner Plummer: Whoa, whoa, whoa. Back at the original lease...
Mr. Armada: Not a penny, nothing. Never. There has never been any...
Mr. Cayard: That is why they spent so much money.
- Commissioner Plummer: They asked for 25 and didn't get it?
Mr. Cayard: No. We never got anything.
60 January 9, 1992
AOL
Mr. Armada: They never got any money from us. All of the improvements were
spent through their own pockets, never through us.
Commissioner Plummer: Madam Clerk, would you bring me the minutes of that
meeting where Mr. Knox appeared in their behalf, OK? And I wou'id like to see
the minutes.
Mr. Cayard: Commissioner Plummer...
Mayor Suarez: Wait, wait, wait, please Ringo, Madam Vice Mayor wants to ask a
question. Commissioner Plummer's question was answered, presumably correctly,
hopefully.
Vice Mayor Alonso: In fact, it looks what Commissioner Plummer is saying has
real value and we agree with what he's saying, but in fact the property is
worth what it is today because of the investment that they made so it's
reasonable that we understand that even though the property has that value,
it's only because they were the ones paying for the facility. Otherwise, it
would have been, it's not like the City's giving anything away but in fact
that it was paid by them.
Mr. Armada: Exactly.
Mayor Suarez: Now is there also a notion here, as we try to analyze this
because it is a little bit unusual, and I see Commissioner Plummer smiling...
Vice Mayor Alonso: It's just the way we do things in the City of Miami,
that's all. Backwards.
Mayor Suarez: Is there also a philosophical notion that their purposes in
this property, using this property, are governmental purposes of the kinds
that we want to foster. I mean, we don't usually get into these kinds of
arrangements with somebody who's just making a profit on selling widgets or
something. I think we've done it with marinas. I know that we've recognized
people's improvements as we extend the lease or re -bid the lease, or
something, we've recognized ...
Mr. Armada: Yes, we've done that. We've done that in terms of leasehold
value, which is not being considered in this case at all.
Mayor Suarez: What exactly is the facility being used for?
Mr. Armada: As a day care center. When the original RFP for lease...
Mayor Suarez: Is it with the usual standards of being open primarily to City
residents and, of course, no discrimination on the basis of race, color,
creed, gender, etc.
Commissioner Plummer: As I recall the recommendation at the time, of the
management, was to demolish the building.
Mr. Armada: They ran an extremely successful day care center, they've run it
for about five years there, this was...
61 January 9, 1992
Mayor Suarez: I don't doubt that; that's just not my question. I just want
to make sure that it's a governmental purpose within the usual constraints of
first taking City of Miami residents.
Mr. Armada: You mean in terms of their policy? Let me tell you in terms of
their policy, they may ask you...
Mayor Suarez: Yes. We apply that to anyone else. Commissioner Plummer was
getting at the issue of subsidy and this is an indirect subsidy that we're
doing. I mean any way you look at it, we would not treat them, if they were
doing a regular business, we would not treat them this way. So I want to make
sure that if we're subsidizing, that we're first looking to the citizens of
Miami who are the ones that pay our taxes and that's our jurisdictional
responsibility. Are you in fact first accepting applications from City of
Miami residents?
Mr. Cayard: What they want to explain also is that...
Commissioner Plummer: That stipulation was implied.
Mayor Suarez: It was in there?
Commissioner Plummer: It was in there, yes.
Mayor Suarez: If it's in there, just make sure you enforce it and you should
be saying yes, absolutely because otherwise we lose our...
Mr. Cayard: I know. It's a nonprofit organization that they are running.
Mayor Suarez: What does that have to with the question I just posed? I'm
dealing with the issue of taking City of Miami residents first.
Mr. Cayard: Yes, of course.
Mayor Suarez: Thank you.
Ms. Yvrose Beauregard: As a matter of fact we are serving...
Mayor Suarez: What is your name, ma'am, please?
Ms. Beauregard: Yvrose Beauregard and we have subsidized children from child
development and we also serve as a shelter for battered women not too far from
the school. They depend totally...
Mayor Suarez: That's great. The question, the City of Miami...
Ms. Beauregard: Yes, the City of Miami.
Mayor Suarez: If you need to have a map of the City of Miami, we will be sure
to get you one. Within those boundaries first, that is our agreement with
anyone we...
62 January 9, 1992
Ms. Beauregard: That's the main reason that we went there. We have three day
care centers and we know that there is a need in City of Miami.
Mayor Suarez: Because you're kind of close to the border there, you see and
you're going to be drawing people from outside the City and that would not be
fair to our taxpayers. Commissioner Dawkins.
Ms. Beauregard: OK, thank you.
Commissioner Plummer: You said this was nonprofit?
Ms. Beauregard: Yes.
Commissioner Plummer: Mr. Manager, we said when we told you to dispose of
surplus properties one of the reasons was to get something back on the tax
rolls.
Mr. Armada: We are.
Commissioner Plummer: If it's nonprofit, it's not going back on the tax
rolls.
Mr. Armada: Excuse me. There's some confusion, Commissioner. The not for
profit is the whole preschool incorporated which is the operation of the day
care center that has been going on for five years. They, Patrick and Yvrose
Beauregard are the owners of that company. Now, as the bidders, the
successful bidder on this competition, they personally, OK, have made the
proposal. The sale is going to be to them personally and it's going to go
back into the tax rolls and we're going to get about $2,600 every year from
now on in taxes.
Commissioner Plummer: Just for reminder of this Commission, at the time this
matter came before this Commission... (AUDIO MALFUNCTION)... hello, NBC...
Mayor Suarez: You know why that happened...
Commissioner Dawkins: The Lord is trying to tell you something.
Mayor Suarez: ... you know why that happened is because...
Commissioner Plummer: ... where's Al Sunshine? Shame on You.
Mayor Suarez: The reason that that happened is because you're out of order.
You interrupted Commissioner Dawkins, so the Lord...
Commissioner Dawkins: The Lord is telling you to take it easy.
Commissioner Plummer: Just for the edification of this Commission, at the
time this matter came before us originally, the recommendation of the
administration was to demolish this building because we told them any money
you spend in this building you will not get back. We look like a fool.
Mayor Suarez: Well, I'm not sure about that because now it's got value and
they'll be paying taxes on it which sounds better than demolishing.
Commissioner Dawkins.
63 January 9, 1992
Comnissione;* Dawkins: Predominantly, what is the makeup of your students?
What nationality?
Ms. Beauregard: We have Spanish, Haitian and American.
Commissioner Dawkins: OK, predominantly what?
Ms. Beauregard: Predominantly we have Haitians.
Commissioner Dawkins: So, therefore as the Mayor asked, you are meeting a
need, a governmental need in the area?
Ms. Beauregard: Yes.
Commissioner Dawkins: That's number one. Now I want all five of you up here
to remember that this is a small struggling business attempting to survive in
these economic climates and they're getting a hard time. Now I'm going to sit
back this afternoon and see how much of a hard time MCI gets when it comes
before us.
Vice Mayor Alonso: I will move at this time that we approve.
Mayor Suarez: All right, so moved. Do we have a second? Do we have a second
on item 8?
Commissioner De Yurre: I'll second for discussion purposes.
Mayor Suarez: Second. Commissioner De Yurre.
Commissioner Dawkins: I'll second the motion.
Commissioner De Yurre: The contract or the resolution that you quoted from,
that was with what entity? - the agreement with the City.
Mr. Armada: I'm not really sure what you're referring to.
Commissioner De Yurre: The agreement that the City had as far...
Mr. Armada: OK, the one that I read...
Commissioner De Yurre: ... as far as giving the credit for the amount of
money spent.
Mr. Armada: That was the lease agreement that was entered into in 1986, OK.
The lease agreement called for us, for them, that we would not pay any money
to them in terms of meeting the certificate of occupancy. Anything in excess
of that, we would if we wanted to terminate it.
Commissioner De Yurre: OK, now who is "them"? Legally.
Mr. Armada: "Them" is the Hope Preschool.
Commissioner De Yurre: Hope Preschool?
64 January 9, 1992
Mr. Armada: Yes.
Commissioner De Yurre: OK, now...
Mr. Armada: And the principals of Hope Preschool are both Yvrose and Patrick
Beauregard.
Commissioner De Yurre: Legally, legally, legally it's Hope Preschool?
Mr. Armada: Yes, yes, yes, I've checked on that to make sure that's correct.
I checked on that. _
Commissioner De Yurre: OK so it's Hope Preschool.
Mr. Armada: Yes.
Commissioner De Yurre: It is Hope Preschool then that has the right to
receive this credit?
Mr. Armada: That's right.
Commissioner De Yurre: It is not the principals personally that have the
right to receive this credit?
Mr. Armada: Yes. It just so happens that they're the same.
Commissioner De Yurre: It is the principals that are asking to receive the
credit?
Mr. Armada: That is correct.
Commissioner De Yurre: Which is not what the City accorded to and agreed to.
Mr. Armada: You are technically right, Commissioner, but let me tell you...
Commissioner De Yurre: Well, that's the way this world revolves is
technically.
Mr. Armada: But except that it would be a problem if there would be more than
them involved. Thank God that that's not the case.
Commissioner De Yurre: OK, now, shouldn't it be, technically, and our City
Attorney, I'm sure he's listening in. Technically and legally, should it be
the school that is asking for this building at this point in time?
Mr. Armada: You mean...
Commissioner De Yurre: Hello.
Mr. Armada: The proposal was not made by Hope Preschool. The proposal was
made personally by Yvrose and Patrick Beauregard who also happen to be the
principals in Hope Preschool. I understand what you're saying because I had
! that doubt myself. and I would have very much, you know stalled the process or
65 January 9, 1992 -
stopped the process if I would have found that Hope Preschool has other
principals other than the two...
Commissioner De Yurre: I understand that, but legally and we're talking about
extending and the things that we learn in school like piercing the corporate
veil and not the corporation. It's not really an active corporation because
it's the principals that are actually doing the work and a whole bunch of
legal mumbo jumbo that we have to work through.
Mr. Armada: And we will. Let me explain how we will.
Commissioner De Yurre: No, no, but hold it. Let the City Attorney explain
how he will.
Mr. Armada: OK, but I...
Mr. Jones: Is your question whether Hope School, Inc., whether they should
have been the proper entity to deal with?
Mayor Suarez: To have this investment recognized. The investment was made by
a legal entity called Hope Preschool and now individuals who are involved with
that entity want that investment recognized to them personally. It seems like
there's a change in entities there.
Mr. Jones: I think as long as they are the recognized principals and they are
the only principals, I really don't see a legal problem with that.
Commissioner De Yurre: Well, are you going to have an IRS (Internal Revenue
Service) problem to start off with?
Mr. Jones: Well, that's not the City's concern.
Commissioner De Yurre: Well, I know that but, you know if we can... I don't
want them coming back then saying listen we need an extra $50,000, now we
can't pay IRS.
Mr. Jones: But the biggest concern Commissioner...
Commissioner De Yurre: I think that the biggest concern if we can amend that
resolution to include principals of the school that they can be in the
position that they're in. I'm trying to clean it up before it may get messy
down the road legally.
Mr. Armada: Well let me tell you something. How it can legally be really
simply resolved is very simple. You know, the $240,000 that needs to be paid
out as a fair market value in the sales price, OK, the amount of money, the
$206,000 that as you say should be going back to Hope Preschool, that Patrick
and Yvrose Beauregard will pay Hope Preschool which in fact they're paying
themselves. That's it. The money is going to go from one entity to them.
And that's it. That's the way to do it.
Commissioner De Yurre: Mr. City Attorney, are you satisfied with that?
Mr. Jones: Yeah, I don't see any problem with that.
66 January 9, 1992
Commissioner De Yurre: You got no problem?
Mr. Jones: I don't see any problems with that.
Commissioner De Yurre: OK.
Mayor Suarez: This is not a good precedent, as suggested by Commissioner
Plummer and I know there's some concerns on the part of all of us. So if
we're going to do this kind of thing, Mr. Manager and Mr. Armada, the least
you could do is be attentive to the concerns now expressed by Commissioner De
Yurre which is that they be the same exact legal entity. I'm not saying that
we ought to go back on all this and maybe they can solve their IRS problems
but we've got to cross the is and dot the is when you're... I also don't
totally agree with Commissioner Plummer's concern because there's not going to
be too many situations like this. In the other cases where we've allowed
- people to improve property, we've done it typically with a revocable use
permit, they've been usually City parks, we're not going to sell them to
anybody and in the case of this property, apparently we were ready to demolish
it because it was worth so little and then it would have had no value to us
and very little taxes, just a matter of clearing it every so often and hope
that somebody would buy it. But, so all of the logical, equitable factors
indicate that this is a good idea...
Mr. Armada: It is a good idea.
Mayor Suarez: ... but cross the is and dot the is because, otherwise then
we get embarrassed when another person who somehow was involved in this
investment comes back and says we were not recognized, we're not part of this
group, it was a different legal entity, the IRS now says this is all non -
kosher anymore and we look bad. Commissioner Dawkins.
Commissioner Dawkins: Mr. City Attorney.
Mr. Jones: Yes, sir.
Commissioner Dawkins: Is it legal, if this passes, to pass it with
legislation which says that for this to occur again you would have to have a
unanimous vote of the Commission or if the fellow Commissioners felt that that
was too harsh, that it would have to have a 4/5ths vote and would that in any
way, not... I mean stop the flood gate of individuals coming but it would not
usurp the powers of this Commission of doing this again if the circumstances
warranted it?
Mr. Jones: I don't think you can place a restriction to the extent of
unanimity. I think you could place restriction to the extent of it being a
majority of this Commission.
Mayor Suarez: A super majority, 4/5ths?
a Mr. Jones: Excuse me.
Mayor Suarez: Now about a super majority, 4/5ths?
i
67
January 9, 1992
Mr. Jones: I would say a simple majority.
Commissioner Dawkins: No, well see that is what we have now, simple. Why
can't you say a super?
Mayor Suarez: Why can't we say 4/5ths? We want to protect the general
public, you know, from this Commission acting hastily on a situation which
could bind future generations of citizens and Commissioners. I don't think
there's any problem.
Mr. Jones: Mr. Mayor except for actions which require 4/5ths of vote by this
Commission which is specified either by code or...
Mayor Suarez: That's what we're talking about.
Mr. Jones: OK.
Mayor Suarez: A new ordinance that would require 4/5ths if we're ever going
to recognize an investment in City property before releasing or selling it,
would require 4/5ths.
Mr. Jones: Are you speaking to a specific code amendment or provision that
would provide for that?
Vice Mayor Alonso: Yes.
Mayor Suarez: Yes, absolutely.
Mr. Jones: Oh, well absolutely it could be provided for.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: I will vote favorably for this application on the
following conditions. That a deed restriction be given that this shall at all
times be operated as a day care center. At such time as it ceases to be a day
care center, it must be offered back to the City at the same price of $33,000
that they paid for it. That will get my favorable vote. We are then assuring
that a day care center will stay there, that if in fact it ceases to operate,
they offer the property back to us at the same price they paid for it and I'll
vote for it.
Mayor Suarez: I think you can have an automatic reverter, it reverts back to
the City for nothing, I t;:ink.
Commissioner Plummer: A deed restriction.
Mayor Suarez: If you want.
Commissioner Dawkins: You can't restrict the deed if they purchase it.
Mr. Odio: Well, no they are paying us for purchase, so...
68 January 9, 1992
i
Commissioner Plummer: Yes, you can. _
Commissioner Dawkins: How?
Commissioner Plummer: Oh, sure you can. They volunteer it. _
Commissioner Dawkins: Oh.
Commissioner Plummer: Yes you can.
Commissioner De Yurre: Well, I can see if we're giving something away that we
can restrict it in some fashion, but how much was that property worth when
they took it over?
Mr. Cayard: Nothing.
Mr. Odio: Nothing, we were going to demolish it.
Commissioner De Yurre: Well, just land value. What was the land value then?
$10,000.
Mayor Suarez: It was worth something, presumably.
Mr. Armada: About a buck a square foot in that area. So we're talking about
$20,000, $23,000.
Commissioner De Yurre: OK, we're getting $33,000 for it.
Mr. Odio: Yes.
Commissioner De Yurre: So how we can put a deed restriction on that. Let
them use it for whatever they want, they're paying for it.
Commissioner Plummer: Well, that's the predicate for my vote. That it must
remain as a day care center; if it ceases that kind of an operation that the
City has a right to buy it back at the price that we...
Mayor Suarez: OK, on that amendment, I'm going to deem that to be an
amendment to the existing motion which was made by...
Vice Mayor Alonso: Me.
Mayor Suarez: By the Vice Mayor. Madam Vice Mayor, do you accept that
amendment?
Vice Mayor Alonso: Well, I do have some problems with it in the sense that it
seems to me that it's more the fault...
Ms. Matty Hirai: Ms. Vice Mayor would you kindly speak into the mike.
Vice Mayor Alonso: Ah, thank you. Yes, I was saying I do have some problems
in this restriction on the basis of, uh, I think it's more the fault of the
City in the way that we have handled the entire process, that the
responsibility of the person in question and it puts us in a situation that
it's difficult to say. The property had no value...
69 January 9, 1992
Mayor Suarez: Wait a minute. Mr. Manager, please. The Vice Mayor is making
some points on this whole process. Please be attentive to it. Go ahead,
Madam Vice Mayor.
Vice Mayor Alonso: Thank you. It seems to me that the City of Miami is
getting more or less the value of the property, 1t is perhaps a little bit -
higher than the original price. Uh, no I guess I do have problems including -
that deed restriction.
Mayor Suarez: OK, the moving...
Vice Mayor Alonso: Uh, if I'd...
Mayor Suarez: If it's legal?
Commissioner De Yurre: She does or she doesn't? If she's got a problem
agreeing...
Vice Mayor Alonso: Is it legal?
Mayor Suarez: That's what I was going to
moving party now accepts that modification,
tender that? Mr. City Attorney?
_1 Mr. Jones: I think it's legal.
be absolutely sure. Supposing the
can we do that or do they have to
Commissioner Plummer: Of course it's legal.
Vice Mayor Alonso: It is legal.
Mayor Suarez: And do you have any problems with it? So that before we find
out if we have a second on that motion with that modification.
Mr. Ringo Cayard: Would you repeat that again please?
Mayor Suarez: That there would be a restriction that you have this property
so long as it's used for a day care center. If not, it reverts back to the
City for the same amount that you paid for it, calculated to be thirty
whatever thousand it is.
Mr. Cayard: Mr. Mayor and ladies and gentlemen of the Commission, I think
sometimes when I listen to Commissioner Dawkins, more and more I learn that
there is some disparity in the City of Miami, because you have in front of you
two young Haitians who came to this country who decided to make a daycare
because their mother died in a day care trying to take care of needy Haitians
and the goal in their mother's will was to have a day care. They start with a
project which they did not know they were going to spend $250,000, because
when they took the building, although they knew the building needed some work,
they went around with the churches gathering pennies in order to make that
happen. They have been serving Haitians free of charge. Of course some of
them do pay through HRS and other means. Now...
70 January 9, 1992
Mayor Suarez: Ringo, this is a very touching and emotional story which we
feel tugs at our heart strings, but what would bother them about having that
restriction, if indeed they are going to continue that?
Mr. Cayard: Because Mr. Mayor, today Haitian needs are day care. Tomorrow it
might be school. The next day it might be shelter for raped women and the
next five years it might be a trade. This is in the community. If they
wanted to do and make profit, they would have moved to higher places such as
Palm Beach or the Gables. They stay in the community.
Mayor Suarez: Who will own the property, technically? Technically, who will
own the property? Commissioner De Yurre was asking about that before.
Mr. Cayard: They are the President and Vice President of the Hope Preschool,
which is the corporation that owns the day care.
Commissioner Plummer: That's not ... They're going to own it individually
according to Al.
Mr. Armada: Yes, they will own it individually.
Mr. Cayard: Yes, they're going to own it individually.
Commissioner Plummer: Individually, not the school.
Mr. Cayard: That's why they're going to be paying taxes on it.
Commissioner Plummer: See, tomorrow, Ringo, tomorrow they can sell it.
Mr. Cayard: No, they don't want to.
Commissioner Plummer: It's not that they say they don't want to, it's that
they can.
Mr. Cayard: I know. Mr. Vice Mayor, If they want to sell to make profit,
they wouldn't have invested $250,000.
Mayor Suarez: I think you have pushed us over the top, at least for my vote.
The Commissioner amended her motion...
Mr. Cayard: I'm going to let her answer.
Mayor Suarez: ...to accommodate the concerns of Commissioner ... the Vice Mayor
amended her vote to accommodate the concerns of Commissioner Plummer, which
are pretty similar to the concerns of Commissioner De Yurre, and now I'm
joining that group too because I worry that individuals are somehow at the end
of this process going to have the ability to transfer this property for a
totally different use and that's not the intention of this Commission. I
understand that we kind of led you along to believe that this would all be
happening, but if you hadn't changed from a corporation, a nonprofit
corporation under the laws of the State of Florida, presumably with a Federal
5010 exemption, see that wouldn't create as much of a problem for me. But
now the idea that individuals who get this could turn around and sell the
property and all of this somehow was done through State subsidies and City
71 January 9, 1992
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largess outside of what we typically do, I don't think there's any
discriminatory treatment towards Haitians in any way, Ringo, as much as you
try to make that case.
Vice Mayor Alonso: OK, let me...
Mayor Suarez: I think it's the opposite.
Vice Mayor Alonso: Mr. Mayor.
Mayor Suarez: I think it's just irresponsible action on the part of the City.
Yes, Madam Vice Mayor.
Vice Mayor Alonso: Could we legally put some sort of time limit perhaps on
this deed restriction and not for...
Mayor Suarez: Foreclose forever and ever the ability to sell and change the
use...
Vice Mayor Alonso: Exactly, but let's say...
Commissioner Plummer: 20 years?
Vice Mayor Alonso: ...a reasonable amount of years, that it gives them an
opportunity and we have some sort of guarantee that yes indeed the day care
will function in that facility. That is our desire and I think the need of
the community. Could we do that?
Mr. Jones: As long as it's not in perpetuity...
Commissioner Plummer: Twenty years I think is reasonable. I'll vote for 20
years.
Mayor Suarez: The motion is amended I believe.
Vice Mayor Alonso: Yes, lets...
Ms. Yvrose Beauregard: My name is Yvrose Beauregard and I live in 2020 N.W.
131 Street. Coming here to City of Miami was at my will and excuse me I have
to talk about my faith. God called me when I was eleven years old. Eleven
years old, I've been working with children in Miami. Through a vision of a
day care in 125th and 17th Avenue, 161 children. That's where I start.
Through a vision God sent me to that building and I will not give you all the
details, but Ringo knows about it and he began to believe and that's how Ringo
today can be here with us. He sees all the little steps. When I came here,
Commissioner Plummer never wanted me to have the building. If it wasn't God,
even Ringo would tell me give it up. But I tell Ringo if it's God that sent
me to have that day care there for the children...
Mayor Suarez: Madam, God may have sent you, but who gave you the money to
make the improvements?
Ms. Beauregard: The money to make the improvements come in from us. We...
72 January 9, 1992
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w
Mayor Suarez: No, no, no.
Ms. Beauregard: The improvements came from my money.
Mayor Suarez: From your credit? The State of Florida didn't give you...
Ms. Beauregard: No money from no government. I wake up every morning at 5:00
people. I sleep sometime at midnight, 1:00 because of what I believe I'm
going through.
Mayor Suarez: I thought the improvements were from the State of Florida.
Ms. Beauregard: When I came here as a black woman, young, like Commissioner
Plummer was treating me at that time, say we are a bunch of young people. At
that time, he said no way people, you can't handle that project. I tell the
Commissioner I'm a determined person. I believe that we can do it. He sent
me everywhere to prove where I will get the money, get my background, get my
schooling. I proved everything. He didn't want to give it to me.
Mayor Suarez: He's like that with everybody. Believe me. We call him
"tacano" you know. When we get that project, we spent that amount of money.
TV, everybody came over to see that building because the building was
completely destroyed. We had to do it all over. Right now, today, energy,
hard work, that building could not cost over half a million dollars if it
wasn't for my husband putting his time...
Commissioner Plummer: Half a million instead of 240 now.
Ms. Beauregard: ...getting people inside to do...
Mayor Suarez: All right, all right ma'am, we've got to move on some other
items. Commissioner Dawkins. We get the basic picture. You put a lot of
effort and personal credit into this and...
Ms. Beauregard: Yes, but today we think that nobody can get it...
Mayor Suarez: ...you've done a marvelous job of improving property that was
otherwise apparently to be demolished. Yes, Commissioner Dawkins.
Commissioner Dawkins: You know, it's really a nonsensical argument. If they
had purchased the land for $33,000 and made the improvements, it would be
their building. They went into a building, put their own money into the
building, brought the building up to where it is now. The building is going
to go on the tax roll now at whatever the Dade County Tax Assessor assesses it
at. I too have a problem with them selling it later on. But in the event
that they sell it, whatever they sell it for, and let's just say for the sake
of discussion that they sell it for $300,000, then it goes on the tax roll for
$300,000 so the City of Miami can't lose, no way. Now, if the City of Miami
really thinks that they need this property and want it, give them their money
that they put in it and take it and do what we want to do with it.
Vice Mayor Alonso: Mr. Mayor.
73 January 9, 1992
;i
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Mayor Suarez: Yes, Madam Vice Mayor, because we've got to make a tough
philosophical decision here.
Mr. Jones: Relative to the question that the Vice Mayor posed as to the
legality of putting the reverter, I've been reminded that because this went
out to RFP, there was no mention of a deed restriction there...
Mayor Suarez: All right, so that complicates it even further. So we're back
to Madam Vice Mayor...
Commissioner Plummer: Wait, wait, wait. Are you telling me that they can't
volunteer it?
Mr. Jones: If they choose to voluntarily... I'm just saying that I don't
think it can't be imposed on them, that's all I'm saying to you.
Commissioner Plummer: Well, you didn't say that.
Mr. Jones: Well, I just found out, Mr. Plummer, that I was not aware of this.
Mayor Suarez: We can't impose it but they can voluntarily...
Commissioner Plummer: Exactly.
Mayor Suarez: ...tender it. I don't hear them voluntarily tendering
anything, so, Madam Vice Mayor.
Vice Mayor Alonso: Yes, it was my original motion and based on the
information that we have, even though I would have liked this to have been
done differently, I'm going to move that we approve as presented to us.
Commissioner Dawkins: So moved.
Commissioner Plummer: I'm sorry, what was you last...
Vice Mayor Alonso: As presented to us.
Mayor Suarez: So moved. Second?
Commissioner De Yurre: Second. No deed restriction, no nothing.
Vice Mayor Alonso: No deed restriction.
Mayor Suarez: Any further discussion?
Commissioner Plummer: Mr. Mayor, just for the record, what I offered in the
form of amendment I think is fair, it was guaranteeing that they would have at
least day care center there for 20 years. We have no guarantee under this
proposal that there will be a day care center there for a year or two if it
were to be sold for profit. They have indicated on the record that it is
now valued at a half a million dollars instead of what Al Armada tells us is
$240,000 and...
Mr. Armada: It's $240,000.
74 January 9, 1992
Commissioner Plummer: ...hey, I'm using their terminology as opposed to
yours. They're stating on the record it's a half a million...
Mr. Armada: No it's not...
Commissioner Plummer: ...wherever you got your appraisal for $240,000, I
don't know. All I'm saying is you now have no guarantee that there will be a
day care center there at all. I think it's unfair.
Mayor Suarez: If you want to put into the record your answer to that, that
you in fact stated at some point that it was worth a half a million dollars?
Mr. Beauregard: No.
-i
Ms. Beauregard: No.
Commissioner Plummer: The record speaks for itself.
Mr. Beauregard: We could have spent half a million dollars had I stayed away
from the construction process.
Mayor Suarez: Oh, I see.
Mr. Beauregard: I got involved, you know, I bought the materials myself.
Mayor Suarez: You did it yourself and you saved, you made imp...
Vice Mayor Alonso: Because he did it himself, it cost $240,000.
Commissioner Plummer: There's no argument. You said the value is worth a
half a million dollars...
Mayor Suarez: You think that the improvements could be worth as much as half
a million?
Commissioner Plummer: ...whether you did the work or somebody else.
Mr. Beauregard: Right, but we go by record, Mr. Commissioner Plummer. We go
by record.
Commissioner Plummer: Sir...
Vice Mayor Alonso: If that is the price, you will be paying taxes on that
amount and we will be very happy to receive the taxes.
Mayor Suarez: We'll submit all of this testimony to the Property Appraiser so
that...
Mr. Beauregard: Based on what Commissioner Plummer has said, I will go for
ten years.
Commissioner Plummer: You what?
75 January 9, 1992
� s
Mr. Beauregard: Ten years. Because I don't plan on leaving the business. I
plan on staying.
Mayor Suarez: Voluntary restrict the use of the property for the next ten
years for a day care center?
Mr. Beauregard: Yes.
Mayor Suarez: And you're willing to put that into a restrictive deed running
with the...
Vice Mayor Alonso: You do?
Commissioner De Yurre: They're going to lose my vote if they do that.
Commissioner Dawkins: But they pick up J.L. Plumner's vote. Let's get
through this.
Commissioner De Yurre: OK, well whatever.
Vice Mayor Alonso: OK, yes if he wants to do that, that's fine.
Mr. Cayard: No, they're going to go with the original.
Commissioner Dawkins: We lose one, we pick up one. Let's go.
1 Mayor Suarez: All right, what is the motion? We're going to get technical
here. What is the motion, then?
Vice Mayor Alonso: Well, if they want to offer...
Mr. Beauregard: I don't want it, I want to go with the original offer.
— Vice Mayor Alonso: ...I'll accept it. I don't want to force anything but if
he wants to offer, I'll take it with pleasure.
Commissioner Dawkins: So we lost J. L., we still got four, let's go.
Mayor Suarez: I hope MCI is listening to all this because we're going to be
even more difficult.
Commissioner De Yurre: Just warming up for MCI.
Mayor Suarez: Just practicing here, warming up, all right.
Vice Mayor Alonso: I'm afraid so.
Mayor Suarez: So moved as per the original recommendation and for the
original RFP. Do we have a second on the original motion?
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
,I
76 January 9, 1992
t
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 92-20
A RESOLUTION, WITH ATTACHMENTS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR THE SALE OF THE
PROPERTY KNOWN AS FORMER FIRE STATION NO. 9, LOCATED
AT 7561 NORTHEAST FIRST AVENUE, MIAMI, FLORIDA, TO
PATRICK AND YVROSE BEAUREGARD, SAID PURCHASERS BEING
THE PRINCIPALS OF THE EXISTING MONTH -TO -MONTH TENANT,
HOPE PRE -school, INC., AS WELL AS THE HIGHEST BIDDER
PURSUANT TO AN INVITATION TO BID FOR SALE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: For the reasons so stated, I vote no.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Mr. Armada, I hope you take to heart, and Mr. Manager,
everything that's been said here, how this should have been done. No changes
in the entity that is recognized as having made the investment from principals
-; to corporate; corporate to principals...
Mr. Armada: We will take care of that.
Mayor Suarez: ...and in fact we really shouldn't be involved in these kinds
of things in the future. If we want to recognize our investment, we should
have put this property - I mean their interest to invest - we should have put
the property for sale, we should have sold it to them, let them improve it at
their own risk, etcetera, etcetera. Go in peace, sin no more and run a good
day care center there, because if you turn around and change the use and sell
the property, we're all going to be very embarrassed up here.
Vice Mayor Alonso: I'd have a heart attack.
Commissioner De Yurre: Luke's two, disco.
z
77 January 9, 1992
Mayor Suarez: We're embarrassed enough as it is.
------------------------------------------------------------------------------
19. (A)DISCUSSION CONCERNING PROPOSED RESOLUTION TO APPROVE FINDINGS OF THE
CONSULTANT SUBCOMMITTEE AS TO THE MOST QUALIFIED TEAMS TO PROVIDE
PROFESSIONAL SERVICES FOR THE DESIGN, PREPARATION OF CONSTRUCTION
DOCUMENTS, AND CONSTRUCTION ADMINISTRATION OF AN OLYMPIC POOL COMPLEX
FOR CHARLES HADLEY PARK.
(B) DISCUSSION CONCERNING PRESENT GUIDELINES GOVERNING SELECTION OF SAID
TEAMS (Temporarily deferred - See labels 25, 46 & 49).
------------------------------------------------------------------------------
Mayor Suarez: All right. Item 9.
Commissioner Plummer: Move it because it comes back...Oh, wait a minute, hold
on. I know there's discussion here.
Mr. Virgilio Perez: Mr. Mayor.
Commissioner Dawkins: Why is there a discussion? Who asked for a discussion?
Commissioner Plummer: The man standing at the podium.
Commissioner Dawkins: Why?
Commissioner Plummer: He'll tell you why.
Mayor Suarez: This is to approve the findings of the consultant selection
committee as to the most qualified teams to provide professional services for
the design, preparation of construction documents and construction of an
Olympic pool for Charles Hadley Park; undertake negotiations and we have at
least one protest. Correct?
Commissioner Dawkins: I hear you now, Mr. Mayor. I'm sorry.
Ms. Arleen Weintraub: There is no formal protest, the way I understand it.
Mayor Suarez: One protesting party, which I guess we must hear. What is the
recommendation and what are we supposed to act on? - if you want to put that
into the record as contained in the resolution, obviously.
Ms. Weintraub: I'm Arleen Weintraub from the Department of Development and
Housing Conservation. The recommendation of the Department is to approve in
the rank order before you, the four teams and allow us or give us the
direction to begin negotiations to be brought back to you the contract
beginning in this rank order. If we are unsuccessful with number one, go to
number two...
Mayor Suarez: We follow the actual ranking?
Ms. Weintraub: ...three, etc. Correct.
78
January 9, 1992
Mayor Suarez: Mr. Perez.
Mr. Virgilio Perez: Yes, Mr. Mayor. My name is Virgilio Perez. My office is
at 1401 West Flagler and I am representing Bellon Taylor Architect which are
part of the process; they came in number two with a less than ten percent
differential from number one. The reason that we are here is that whenever we
find or we believe that there are some inequities in some of the procedures of
the City of Miami, we must come in to see Mr. Mayor and the Commissioners to
get a relief on it. We believe as you were saying this morning that the local
architectural firms and local vendors must receive certain type of assurance
by the City of Miami that they will participate and they must obtain the
amount of dollars that the City is providing. We see nowadays that Miami and
the County is receiving a large amount of people that are outside of the City
and we must look into this because this must be taken care of. The people who
are outside do not spend their money down here, they do not go to Publix, they
do not go to Varadero, and they do not go to Liberty City. They take their
money out of here and they go and fly away. The reason is that this firm,
Bellon & Taylor, is a group of architects formed by a black and a Latin and in
their procedure have also women minorities as consultants. We have found out,
through investigation, that whoever had number one, and we're not discussing
his architectural procedures or his architectural status, is Thaddeus Cohen.
Thaddeus Cohen is a firm that is out of Delray Beach. We have here and would
,9 like to introduce as evidence a letter from the American Institute of
Architects which is directly to Herb Bailey, Assistant City Manager, I'm just
going to condensate whatever it says, that: We firmly support our long-
standing policy for local support. We are on behalf of the Governor a fair
committee of the Miami Chapter of AIA and I must tell you how disappointed we
are with the possible selection of an out of town architectural firm for this
project. On the selection procedure, Thaddeus Cohen...
Mayor Suarez: Did you say that they were the ones ranked number one?
Mr. Perez: Thaddeus Cohen.
Mayor Suarez: Right.
Mr. Perez: We are ranked number two.
Mayor Suarez: No, no, that Thaddeus Cohen was the one ranked number one?
Mr. Perez: That's correct.
Commissioner Dawkins: And they're the ones that you're now proposing to us to
prove are not in fact a local company? Did they submit themselves as being a
local company?
Mr. Perez: Thaddeus Cohen submitted themselves as having their address at
2990 Southwest 35th Avenue.
Mayor Suarez: In the City of Miami?
Mr. Perez: In the City of Miami. We personally went over there...
79 January 9, 1992
Mayor Suarez: Did they in fact get the benefit of a ten percent preference or
was that not the kind of process we are following here? Herb.
Mr. Herb Bailey: Mr. Mayor, I was trying to get some facts straight. Could
you ask me the question again?
Mayor Suarez: Yes, as a company that was proposing to be a local company,
City of Miami company, did they get the benefit of a ten percent preference in
their bid or was this not the kind of process we were following?
Mr. Bailey: We were following the UDP (Unified Development Process) process;
they did get considerations for them being in Dade County.
Mayor Suarez: Right, not a fixed mathematical preference, but just the
general notion that they were a local company in Dade County.
Mr. Bailey: They are not in the City of Miami, but they are from Dade County.
Mayor Suarez: Right, OK. Well the address he just gave, I think, would be
the City if it was a correct address.
Mr. Perez: That is correct, Mr. Mayor, but if you go over there, there is no
writing on the walls, there is nothing whatsoever.
Mayor Suarez: What address did they list? The number one ranked company
here.
Vice Mayor Alonso: 2990 Southwest 35th Avenue. That is the address that
appears...
Mayor Suarez: That's the address they listed here in their...
Vice Mayor Alonso: right here. I thought they were a local company. It
seems they are not.
Mr. Perez: That's right. But, in fact, Mr. Mayor, if you call...
Mayor Suarez: All right, complete your presentation. I have a feeling I'm
going to hear from the number one company as to where exactly they are
located. Anything else?
Mr. Perez: Yes, Mr. Mayor. When you call the telephone company that they
had, they give a different address. Completely different than the one they
have said and we have the telephone...
Mayor Suarez: That's if you call the phone directory in where,
Dade or...
Mr. Perez: In Dade County. We even have the telephone directory here where
Thaddeus Cohen is not listed in the 1991 white pages of the phone directory.
Mayor Suarez: For Dade County?
Mr. Perez: For Dade County, sir.
80 January 9, 1992
s
Mayor Suarez: All right. Anything further?
Mr. Perez: Yes, after he makes the presentation, I would like the president =-
of the corporation and the consultant here to speak on it. _
Mayor Suarez: On...
Mr. Perez: On behalf of the same thing and what's happening in Broward
County.
Mayor Suarez: I'm not sure about the relevancy about that, but let's see.
-I All right, sir.
Mr. James Taylor: If you don't mind, I would prefer them to make their entire
case. -
Mayor Suarez: Yeah, and I would like to know what the relevancy of the rest
of the presentation is. I mean you are basically saying the number one ranked
company is not really a local company, is not really a Dade County company, in
fact we can't even verify the address that is listed as Vice Mayor just held
it up as being their local address.
Mr. Perez: That is correct.
1
Mayor Suarez: What else do you have to say?
Mr. Perez: Well, I'd like to present right now the sub -consultant here,
Llerena, she wants to make a presentation.
Mayor Suarez: Well, they're very nice folks and, you know, you've established
your minority composition certainly, but this is a protest of a process that
we have gone through and we're not evaluating your merits versus theirs; we're
i just evaluating their particular standing, is what we're evaluating, Virgilio,
not whether you're good guys or not.
Mr. Perez: No, Mr. Mayor, just to make an effort because she made a
-f presentation in Broward County and this firm, Thaddeus Cohen is from Broward
County, and what happened in Broward County, what Commissioners in Broward
- County did, she has a firsthand operation because she presented something over
-` there and I think you should be aware of it.
Commissioner Dawkins: Are you still on the issue of the fact they are really
Broward County and not Dade? On that issue only, not on the merits of your
i company, please.
Mr. Perez: No, not on the merit of the company, just on what happened in
Broward County versus somebody in Dade County.
Commissioner De Yurre: Excuse me, Mr. Mayor, if I may while we're involved in
this situation. The address that they gave is a City of Miami address?
Mr. Perez: Yes, correct.
81 January 9, 1992
Mayor Suarez: 2990 what?
Vice Mayor Alonso: 2990 Southwest 35th Avenue.
Mr. Perez: 2990 Southwest 35th Avenue.
Commissioner De Yurre: And that's City of Miami. If I can direct the
Administration meanwhile to get me the date that they obtained their
occupational license from the department as we discuss this right now.
Commissioner Plummer: City of Miami occupational license.
Vice Mayor Alonso: That's right.
Mayor Suarez: All right, so 1n the meantime...
Mr. Odio: Commissioner, just a minute because for the last two minutes I've
been wanting to get the address they put on their application form when they
bidded and not this one, that's not the address we got originally.
Commissioner De Yurre: All right fine, but at least I want to get that other
information.
Mayor Suarez: On that 2990 address, we want to see if there is an
occupational license there taken in the City of Miami. If there isn't then we
should know that.
Mr. Cohen: I would like to speak to the issue...
Mayor Suarez: Yeah, we're going to get to that in a second. Finally,
anything else on the issue of them being from Broward. No, sir you are not
being recognized back there. You are, ma'am.
Ms. Laura M. Llerena: OK. Mr. Mayor, Commissioners, my name is Laura
Llerena. I am a landscape architect and civil engineer firm and the
consultant for the Bellon & Taylor team in this particular project, and I had
an experience last year in Broward County. I went with a team of
professionals and we were trying to obtain the Commission on one of the
projets at Broward County has as requests for proposals and we did a
presentation. We were ranked number one; however, when the issue came in
front of the City Commission trial for selecting the ranking number...
Mayor Suarez: Which City Commission was it?
Ms. Llerena: In Broward County, sir.
Mayor Suarez: The Broward County Commission, not the City Commission. The
Broward County Commission, all right.
Ms. Llerena: The Broward County Commission, correct. When that happens, the
votes were turned and our firm, instead of being ranked number one like it
used to be, was ranked number three and the reason was the very fi rst two
firms were from Broward County and we were told that anyone in Broward County,
we will be having preference over anyone from Dade County and that happened to
US.
82 January 9, 1992
Mayor Suarez: Absolute preference? Are you saying that the Broward County
Commission gives absolute preference?
Ms. Llerena: Yes, sir I can say that.
Vice Mayor Alonso: We should do exactly the same.
Mayor Suarez: It's not particularly relevant to the issue before us. It's
somehow persuasive but not authoritative as they say. Yes, sir.
Mr. James Taylor: Yeah, my name is James Taylor.
Mayor Suarez: Again on the same issue please. I mean your company is great
but you've made those presentations before and that's not what we're here on.
Mr. Taylor: I understand that, but I just want to bring to the Commission's
attention, it is a broader issue, OK. This is not a personal attack on Mr.
Cohen at all, or his qualifications. What I am a little perturbed about is
what is the intent and purpose of the set aside program in the first place. I
don't think it was the intention of this Commission and you Mr. Mayor, to sit
there and put a set aside program in place by the City to support the State of
Florida black professionals or the United States for that fact. Because if
that's the case, anybody will come here and set up a tent or teepee for thirty
days...
Mayor Suarez: OK, now you're arguing philosophy and we are inclined to agree
with you but that's, again, not the issue. We've got to establish exactly
where these folks are from and then we're going to have to get back to our
staff and see how much weight we give all that. So if you have anything
further on that.
Mr. Bailey: Yeah, let's get away from the confusion. I think we're getting
to points of confusion. We would like to just make the presentation and we
have recognized it...
Mayor Suarez: Yeah, you're totally on. I mean, they've finished their
presentation as far as I'm concerned unless any Commissioner wants to hear
from them. They have challenged the local qualifications of this company
which is ranked number one. They're being ranked number two, presumably would
get the award if that challenge is effective and this Commission accepts it.
Mr. Odio: Let me see if I can get through...
Mayor Suarez: Wait, wait, wait, wait, please. I'm trying to say where we are
and then I'm going to recognize the Vice Mayor. Madam Vice Mayor.
Vice Mayor Alonso: Yes, I think before we go on, I would like to hear from
this company. Where is their office located? In the City of Miami or in
Broward County?
Ms. Weintraub: You want me to give you the address?
Mayor Suarez: Who do you want it directed to, staff or...
83 January 9, 1992
Lp`
Vice Mayor Alonso: Well, I would like to hear from them. They should know
better than anyone else.
Mr. Thaddeus Cohen: First of all, no we're not 1n Broward County. We have an
office at it Southeast 4th Avenue in Delray Beach. We also have a presence at
2990 Southwest 35th Avenue...
Mayor Suarez: Your name on the record, please.
Mr. Cohen: I'm sorry. My name is Thaddeus Cohen, I'm president of Thaddeus
Cohen Architects. So what we have been able to do is in sharing offices with
our structural engineer, who I've known since 1978, it's a residential
neighborhood in which there is a commercial zoning for it; he's built a new
office building, we've applied, our process is pending because we have a
problem with the fire inspection currently. So if these gentlemen have gone
down there you would notice that you see our drawings for Palm View Elementary
School in that office, but I don't want to get into that since you've decided
to check us out. We're qualified to do the project. I'm not sure what the
waiting process was with the staff as far as being able to take a look at what
our qualifications are, but it's our understanding it was a parameter in a
series of things that they took a look at.
Mayor Suarez: But the question that the Vice Mayor is asking and this
Commission is troubled by and the challenge is, is where is your company
located in Dade County?
Mr. Cohen: That is the address for our office in Dade County.
Mayor Suarez: Which is it?
Vice Mayor Alonso: What is your address?
Mr. Cohen: We have two addresses.
Mayor Suarez: No, no. Give me one that is in Dade County, that has a valid
occupational license and that there's something...
Mr. Cohen: 2990 Southwest 35th Avenue.
Mayor Suarez: 2990 Southwest 35th Avenue. And if we were to go over there
would we find a functioning office of, I guess it's an architectural office.
Mr. Cohen: An architectural office sharing space with our structural
engineer.
Vice Mayor Alonso: But in fact when you call the number 445-7602, your local
number, we don't get a local office. It's the Delray Beach office. Why is
that?
Mr. Cohen: Because it forwards to our number there. That's correct.
Vice Mayor Alonso: So you don't have a local number?
84 January 9, 1992
Mr. Cohen: No we do have a local number. You just gave us our local number.
Commissioner Plummer: Do you have an occupational license for the City of
Miami?
Mr. Cohen: We have the ability...
Vice Mayor Alonso: All of this is very strange to tell you the truth.
Mayor Suarez: OK, let's follow up on the question the Commissioner is now
asking. Do you have an occupational license at 2990 whatever it is, Southwest
35th Avenue?
Mr. Cohen: As far as I know, yes, we've paid the fees. It cost us two
hundred and some odd dollars.
Vice Mayor Alonso: Can we use our computers and get an answer on that?
Commissioner Plummer: Of course.
Vice Mayor Alonso: Please.
Mayor Suarez: All right, does the Commission want to table the item until we
can check that out? We've got a lot of other items to get through today and
the challenge has been made. Mr. City Attorney, so far have we done
everything in accordance with our bidding, UDP procedure, I hope?
Mr. Jones: Is it correct?
Mayor Suarez: Yeah, I mean it's a valid point, it's a valid challenge. We
should be able to check on occupational license and all that. We're not
running afoul of the procedures here in any way?
Mr. Jones: It's within your purview.
Mayor Suarez: Within our purview, OK.
Mr. Odio: But, Mr. Mayor, this has to come back. All we're asking today is
to let us negotiate an agreement and bring it back.
Commissioner De Yurre: Wait, hold it, Cesar. It isn't that it has to go
back. We get to select whomever we want to be dealt with first. We don't
have ... this is only an advisory thing for our information. We do not have to
abide by this list that is being presented to us today. We can pick number
seven if we wanted to and you negotiate with that one.
Mr. Odio: That is correct.
Commissioner De Yurre: So, it's clear as to what this procedure is.
Mr. Odio: Yes.
Commissioner De Yurre: Either we accept it and we adopt as a ruling body what
is being recommended or suggested to us or we change it as we please, and you
run with it.
85 January 9, 1992
Mr. Odio: That is fine.
Mr. Bailey: I would just like to say, Commissioner, the process does require
that we have outside people involved in the selection process...
Commissioner Plummer: Excuse me, would you name them?
Mr. Bailey: Oh God, the selection committee?
Commissioner Plummer: Yeah, I'm looking at committee members and it's
something that I have fought for a long time. You have one, two, three, four,
five, six committee members, all of them in house. Who is the outside?
Ms. Weintraub: What Mr. Bailey was referring to is it's required on the
certification committee...on page one...
Commissioner Plummer: I'm saying who are the outside members of the selection
committee?
Mayor Suarez: Who are the non -City of Miami members of the selection
committee? It's a very simple question. Why can't we get answers to simple
questions?
Ms. Weintraub: His name was Raqueeb Albaari, he's an architect with Albaari &
Associates.
Commissioner Plummer: He is not listed on your paper that you supplied me.
Mr. Taylor: Raqueeb is not on the selection committee.
Ms. Weintraub: On page one, under the certification committee report...
Commissioner Plummer: I am looking at page one, Mr. Manager. Committee
members, page one. Let me read them for you into the record. Arleen
Weintraub, Department of Housing; Diane Johnson, Department of Parks; Peter
Serrao, Finance; Janet Gaverrete, City Manager; Ann Whitaker, Office of
Minority Women; Jose Casanova, Registered Architect, Planning and Zoning. Who
are the private citizens of this community? We asked the manager that all
selection committees should be balanced with in-house as well as outside
Forget the backup, the backup is only if the others fail. Who are the members
of the private sector, according to your paper, are none. I am only reading
from your slip. Excuse me, Mr. Bailey, what do you mean it's not true?
Ms. Arleene Weintraub: If I may?
Commissioner Plummer: Then you put here then what is a lie.
Ms. Weintraub: No, if I may, Commissioner, with all respect. There are...
Commissioner Plummer: Sir, I'll let you answer it. I asked you to tell me
again, for the third time, who are the members of the private sector?
86 January 9, 1992
JAL
Mayor Suarez: You know, this cannot be as confusing as it seems to be
Arleene, but the City...
Ms. Weintraub: No, I understand. There are two committees.
Mayor Suarez: ... wait, wait, wait, we are going to get this answer the way
we like to get an answer for once. Commissioner Plummer is pointing to a
selection committee report meeting to create short list for presentations, and
then the Manager submits a certification committee report with a whole
different set of committee members.
Ms. Weintraub: Correct.
Mayor Suarez: Don't tell me that we have a selection committee to create
short list for presentations, and then a certification committee. Do we?
Ms. Weintraub: In this process...
Mayor Suarez: Is it that complicated?
Ms. Weintraub: It is, yes, sir.
Mr. Herb Bailey: It's your procedures.
Mayor Suarez: That's our procedures, he says.
Commissioner Plummer: It's not our procedure.
Ms. Weintraub: Yes, it's right out of the charter.
Mayor Suarez: I am going to check that UDP Ordinance and I hope that it
doesn't include all of that.
Ms. Weintraub: It does. It is in our charter and our code. This is a
category 'B' project.
Commissioner Plummer: Wonder why people do not want to do business with the
City of Miami - you talk about bureaucracy!
Mayor Suarez: Are you telling me that the UDP Ordinance...
Commissioner Plummer: We are going to hell in a hand basket.
Mayor Suarez: ... calls for a short list selection committee and a separate
certification committee? Is that in our ordinance?
Ms. Weintraub: It is not the UDP, this is a category 'B' selection process.
Mayor Suarez: A what?
Ms. Weintraub: It's called a category 'B' consultant selection process. It
is not the UDP process.
Mayor Suarez: Is it in the ordinance of the City of Miami?
87 January 9, 1992
- Ms. Weintraub: Yes, sir. Yes.
Mayor Suarez: Which ordinance, Arleene, if you know?
Ms. Weintraub: I do know. We use them all the time.
Mayor Suarez: It's not the one we commonly refer to as the UDP Ordinance?
Ms. Weintraub: Section 18.52.3 of the City Code of Miami.
Mayor Suarez: Is that the ordinance...
Ms. Weintraub: Yes.
Mayor Suarez: ... or part of the ordinance that we commonly refer to as the
UDP?
Ms. Weintraub: No.
Mayor Suarez: Oh, lord!.
Ms. Weintraub: It is a different process.
Mayor Suarez: Well, what is this process called, if not UDP?
Ms. Weintraub: This process is called... we designate a project to be a
category 'B' when we are seeking professional design services and not
construction of improvements. When we do construction of improvements and
seek a team, that's a UDP. When we only seek for design, it is called a
category 'B.'
Mayor Suarez: Right, you can eliminate the category 'B.'
Ms. Weintraub: OK, fine. It's consulting selection.
Mayor Suarez: I mean, you may go ahead and suggest to the City attorney
prepare an ordinance to eliminate that terminology. It doesn't add anything
to our thinking. It's like... we begin to sound like the Planning and Zoning
agenda here.
Ms. Weintraub: Yes. It's 18.52.3.
Mayor Suarez: Get us some nice simple titles. This is for professional
contracting?
Vice Mayor Alonso: Talk to the average person, people like us.
Ms. Weintraub: Well, I didn't write it.
Mayor Suarez: Really, category 'B' I mean, you know.
Vice Mayor Alonso: And tell us normal things...
88 January 9, 1992
■
Mayor Suarez: Sounds like a disease...
Vice Mayor Alonso: Now different it is.
Mayor Suarez: ... You got a category 'B' disease.
Ms. Weintraub: This is selection of design professional services.
Mayor Suarez: All right.
Ms. Weintraub: That is what the... whatever number is in title say.
Mayor Suarez: And it's a different ordinance...
Ms. Weintraub: Correct.
Mayor Suarez: ... and it has these two different committees.
Ms. Weintraub: Yes.
Mayor Suarez: First, short list, and then the ultimate certification
committee which is the one that then involves the outsiders?
Mr. Bailey: Let me just say one...
Vice Mayor Alonso: I don't see the names either.
Mayor Suarez: Backwards.
Mr. Bailey: I just want to remind...
Vice Mayor Alonso: Same names.
Mr. Bailey: I just want to say one thing.
Mayor Suarez: No, no. This one does have... this one.
Vice Mayor Alonso: Not in my package. Where is yours?
Mr. Bailey: Can I just...
Mayor Suarez: Well, the Manager produced something that has a committee here.
Vice Mayor Alonso: Ohl Well that's a different story then.
Mr. Bailey: Can I just say one thing that might refresh your memory?
Mayor Suarez: Well, I can't imagine that it's going to help us much but let
me...
Mr. Bailey: Yes, it will.
Mayor Suarez: ... wait, before you do, before you do, let me get to my
Commission. Yes, Commissioner Dawkins.
89 January 9, 1992
H
Mr. Bailey: Yes. I just want to tell you, you're doing...
Commissioner Dawkins: I'll yield to him. I'll wait for him.
Mayor Suarez: All right, he want to hear from you. Go ahead, Herb.
Mr. Bailey: I just want to say to you that we are doing the Orange Bowl under
the same process. This should not be that new to you.
Mayor Suarez: That worries me. You think that that helps me, consoles me,
makes me feels better? - it worries me.
Commissioner Plummer: God, don't let Al Sunshine hear that.
Mayor Suarez: Bring back Al, yes. All right, Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, and my fellow Commissioners. I will like to
tell you to table this...
Vice Mayor Alonso: Yes.
Commissioner Dawkins: ... and I want you to bring it back after lunch.
Mayor Suarez: We are tabling it.
Commissioner Dawkins: Now, I want you to hear me clearly. When Victor De
Yurre was pushing to get Curtis Park finished, we went along with him. I sat
in the background, I let everything go even though we were scheduled to do the
Hadley Park pool first. I sat back and I waited because this is what we
figured, we as a Commission, decided that this was a priority, let's move
ahead and let's do the park because Commissioner De Yurre wanted to do it.
Now, I do not intend to leave here today without the Hadley Park pool being
contracted for and being built. Because this is unfair to me to have me sit
here, and have my project pushed on the back burner and another project is
completed, and I still have to sit up here and go through this. So, I wish
you all would get with whatever you have to get with and when we come back
here this afternoon, let's come back prepared to move this project.
Mayor Suarez: All right, everybody sit down, please.
Mr. Odio: You know, Mr. Mayor, let me make...
Mayor Suarez: This item is tabled. Mr. Perez, you may have a seat.
Mr. Odio: May I make one point?
Mayor Suarez: Yes, Mr. Manager.
Mr. Odio: The only point that can be made after the selection committee and
the certification committee has looked at all the applications is, whether who
is most qualified, and how many points they got for not being in the City...
even if they were outside the City, even with the points and the way...
Thaddeus Cohen would still be number one in our mind.
90 January 9, 1992
Mayor Suarez: All right, we're probably cross that bridge as soon as we get
answers that this Commission has requested, and definitely, we are going to
try to act on this item today. So, all the participants and interested
parties, and City staff, don't go away.
AT THIS POINT, AGENDA ITEM 9 WAS TABLED.
-------------------------- ---------------------------------------------------
20. RECONSIDER PRIOR VOTE ON RESOLUTION AUTHORIZING AGREEMENT WITH
JOSE FABREGAS FOR PROFESSIONAL SERVICES CONCERNING DEVELOPMENT AND
CONSTRUCTION SUPERVISION OF CITY -SPONSORED SCATTERED SITE
AFFORDABLE HOMEOWNERSHIP PROGRAM, THE ST. HUGH OAKS VILLAGE
PROJECT, AND TO CONDUCT INSPECTIONS OF RENOVATION ACTIVITIES AT
COUNTY -OWNED PUBLIC HOUSING PROJECTS (CIP 321034). (See label
5.8)
------------------------------------------------------------------------------
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner De Yurre: I'd like to reconsider for a second, CA-9.
Mayor Suarez: On item CA-9.
Commissioner De Yurre: Moved. CA-9.
Mayor Suarez: Move to reconsider CA-9.
Commissioner Dawkins: I second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 92-21
A MOTION TO RECONSIDER PREVIOUSLY TAKEN VOTE ON AGENDA
ITEM CA-9 WHICH WOULD HAVE AUTHORIZED EXECUTION OF
AGREEMENT WITH JOSE FABREGAS FOR PROFESSIONAL SERVICES
IN CONNECTION WITH THE DEVELOPMENT/CONSTRUCTION
SUPERVISION OF THE CITY -SPONSORED SCATTERED -SITE
AFFORDABLE HOMEOWNERSHIP PROGRAM, THE ST. HUGH OAKS
VILLAGE PROJECT.
91 January 9, 1992
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Be Yurre: Mr. Mayor, I had requested, and I thought this was not
going to be on the agenda. I had requested information as to the work that
Mr. Fabregas has done for the City as far as his contract as a consultant is
concerned, and I have not received that information. I thought this was not
going to be...
Mr. Herb Bailey: We have it. Commissioner, you requested it on Tuesday, we
prepared it on Wednesday, and it is here this morning. You may have it.
Commissioner Be Yurre: Well, yes, it's here this morning, but you know, it
doesn't do me any good if you hold on to it - I don't see it.
Mr. Bailey: No, but we have the meeting today, we do have it for you.
Commissioner Be Yurre: OK. So...
Mr. Bailey: We have it for every member of the Commission, not just for you.
Commissioner Be Yurre: OK. Well, I'll like to defer this item until I am
satisfied with the information that you supplied.
Mr. Bailey: It was impossible to give it to you before this morning.
Commissioner Be Yurre: OK. Well, whenever you have it, you know.
Mayor Suarez: All right, moved to defer item CA-9, pending further
information.
Commissioner Plummer: Fine. Second.
Mayor Suarez: Seconded.
Mr. Bailey: It was already passed.
Commissioner Plummer: It's reconsidered.
Mayor Suarez: We've reconsidered it, procedurally. Now it is being deferred
at the motion of the Commissioner, seconded by Commissioner Plummer. I
appreciate if City staff not try to impede our process up here. Any further
discussion? Mr. Manager, you have any problem with deferral of this item that
would cause any...?
92 January 9, 1992
_ s �
Mr. Bailey: Yes, I've got a problem.
Commissioner Plummer: May I ask, in fairness to the administration to a date
certain?
Commissioner De Yurre: Soon as they get the information, you can put it back
on the agenda.
Mr. Bailey: I have It now. I have it on my desk right here.
Vice Mayor Alonso: Can we table the item?
Commissioner De Yurre: OK, well, I'm not... you know, I won't be able to see
it now. So...
Mr. Bailey: Commissioner, with no disrespect, you asked for the information
on Tuesday...
Commissioner De Yurre: And I understand that. I've got no problem...
Mr. Bailey: ... at five o'clock in the afternoon.
Commissioner De Yurre: I've not no problem with that. When is this contract
for? - beginning when, October 1st?
Mr. Bailey: No, the contract is...
Commissioner De Yurre: Is what?
Mr. Bailey: I don't have the information in front, but...
Commissioner De Vurre: Well.
Mr. Bailey: If we don't do this contract, you're going to hold up St. Hugh
Oaks.
Commissioner De Yurre: When is the contract for? When is... for what period?
Mayor Suarez: What period of time does it cover? - the professional services.
Vice Mayor Alonso: It's for one year.
Mr. Bailey: It's for one year.
Commissioner De Yurre: For one year, beginning when?
Mayor Suarez: Jeff, do you have any answer to that?
Mr. Jeff Hepburn: Yes, I think, October 1st 192, it starts.
Commissioner De Yurre: Beginning October 1st 192?
Mayor Suarez: Of this year?
93 January 9, 1992
Mr. Hepburn: I'm sorry, 191.
Commissioner De Yurre: Ninety-one?
Commissioner Plummer: Wait, wait. Can I inter...
Mayor Suarez: ... ject.
Commissioner Plummer: I find it extremely upsetting to me when a Commissioner
of this City says, I don't have adequate information to vote on an issue, and
we're getting argument wanting him to force him to vote on the issue.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: Yes, they are.
Mr. Bailey: No, we are not.
Commissioner Plummer: They are saying, this...
Mayor Suarez: All right, we have a motion... wait, wait.
Commissioner Plummer: I think it's ridiculous.
Mr. Bailey: No, no, we are not arguing.
Mayor Suarez: Herb, please, you're out of order. We have a motion to defer
duly made. We have a second. Does any Commissioner have anything else to
add, or have any questions of administration? I did myself, ask the Manager
if he had any problem if we deferred action on this, and they were answering
that, so.
Commissioner Dawkins: I move we break for lunch.
Commissioner Plummer: Mr. Mayor, the only thing that...
Mayor Suarez: We have a motion to defer, and we have a second. Any further
discussion from this Commission?
Commissioner Plummer: To break for lunch?
Mayor Suarez: No, no, no, to defer.
Commissioner Plummer: That, I'll vote for in a hurry.
Mayor Suarez: Yes, Commissioner Alonso, Vice Mayor Alonso.
Vice Mayor Alonso: Yes. I'd like to ask, there is possibility that
Commissioner De Yurre might be able to examine this information, and we can
table the issue and come back in the afternoon?
Mayor Suarez: Would you accept that...?
94 January 9, 1992
Commissioner De Yurre: Well, I'd rather...
Vice Mayor Alonso: Because we were never able to hear the answer to the
Mayor's question. _
Commissioner Plummer: That's why I asked for a date certain.
Commissioner De Yurre: OK, now, let me talk. I have... there is no...
obviously, there is no urgency when this is a contract that should have been
approved October 1st, three and a half months ago.
Vice Mayor Alonso: Yes, that's kind of ridiculous.
Mr. Bailey: Are you asking me a question, or you're telling me?
Commissioner Dawkins: No, they are not asking.
Mayor Suarez: No, no, no, please, please.
Commissioner De Yurre: I'm making a statement. So, I want this item
deferred, and we'll put it back on the agenda for the twenty something
meeting. I've got no problem with that.
Mayor Suarez: For the meeting of the 23rd.
Commissioner Dawkins: OK, I'm going to vote no. And here again, this is
another project in Coconut Grove, in the black community, some townhouses that
we've been saying affordable housing, it gets jerked around, and here we go
again, deferring another one. But there again, the majority of this
Commission rules. Go right ahead.
Mayor Suarez: OK, anything further on the motion?
Vice Mayor Alonso: Yes, I wish we could hear the administration giving us an
answer to the question that the Mayor posed to them in reference to how it
will affect this project, so that we can make a decision on the basis of
something that makes sense. I understand the position of Commissioner De
Yurre, but time might be of essence and we have to have the information. Can
we get an answer please?
Mayor Suarez: Commissioner wants an answer from the administration, whoever,
Mr. Manager, Mr. Bailey.
Mr. Bailey: We are in the process as of... just two days ago, of going
through the final stages of evaluating the architectural drawings of St. Hugh
Oaks. In those drawings we are required to have engineering input. We have
to involve ourselves with the architect so that we can make those necessary
adjustments to ensure that we bring the project in at the price that this
Commission asked us to bring it into. Mr. Fabregas, whom we have on a part
time basis, who used to work for us full time, is our expert resident engineer
- in these matters. These drawings are almost ready, with another meeting, and
he is meeting and working even though he didn't have the contract, that's his
dedication and commitment, so we can put it out for a bid, so we can finally
get, as Mr. Mayor has been telling me for three years, it's taking so long to
95 January 9, 1992
f7
get St. Hugh Oaks project moving. It's now just going to further delay and
the cost is going to go up. I have all that information, and I wanted just to
make one comment. I am not arguing with the Commission, but the Commissioner
told me himself, yesterday, to get him the information whenever I could and
put the item back on the agenda, otherwise I wouldn't have done it. Now, we
have the information...
Mayor Suarez: All right, but we... go ahead, Commissioner Dawkins if you
would like to.
_ Commissioner Dawkins: But the Commissioner has a right to request the
information, if he wants it. OK?
Vice Mayor Alonso: Sure.
Mr. Bailey: We are not arguing that. We have it.
Commissioner Dawkins: All right, so let's go ahead and... but he says he is
not going to spoil his lunch by reading it, he is going to read it after
lunch, if then.
Commissioner De Yurre: If then. Now, the point is, and you've been saying
obviously, there is no jeopardizing of this project because he has been doing
the work already. So, it isn't... don't tell me now...
Mayor Suarez: And if he wants the continued support of this Commission on the
many other projects that he is submitting to us, he damn better work on this
until the 23rd, even though he may not have a contract. I guarantee you that.
All right, so we have a motion to defer, and a second. Any further
discussion? If not, please call the roll.
Commissioner Plummer: Excuse me.
Mayor Suarez: Yes.
Commissioner Plummer: I asked a date certain.
Mayor Suarez: Yes, to the 23rd.
Commissioner De Yurre: The 23rd.
Mayor Suarez: I understand the motion to be until the 23rd.
Commissioner Plummer: Fine. Thank you, sir.
Mayor Suarez: Thank you.
Commissioner Dawkins: October 23rd.
Commissioner De Yurre: No, no.
Mayor Suarez: January 23rd.
Commissioner Plummer: If you say that, then I've got to ask, what year.
96 January 9, 1992
1 _
W
ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY
COMMISSIONER PLUMMER, THE ABOVE ITEM WAS DEFERRED TO THE
COMMISSION MEETING ON JANUARY 23RD, BY THE FOLLOWING VOTE:
y AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: Go ahead, say yes.
Vice Mayor Alonso: No, he said no.
Mayor Suarez: I was hoping he would say no actually, because he break
tradition in voting always in favor of motions to defer.
Commissioner Plummer: Hey, Dawkins, do what they do with Metro. Go to the
bathroom.
Mayor Suarez: All right, now we ought to at least get a little bit into this
MCI matter and I promise you that I would...
Commissioner Dawkins: In eight minutes?
Mayor Suarez: We are going to get a little bit into it in the next eight
minutes, and see where we are and give them a status report and possibly get
back to it after lunch.
Commissioner Plummer: Wait a minute.
Commissioner Dawkins: OK. I'm voting no now and I'll explain to you after
lunch why I vote no.
Mayor Suarez: All right, we've got one vote already decided.
Commissioner Plummer: Are you taking up MCI now?
Commissioner De Yurre: Is this an emergency item, or not?
Commissioner Plummer: Eight minutes before the break?
97 January 9, 1992
Mayor Suarez: I promised him at least to get to them in the morning, and the
least we can do is hear them and see where we are, folks, and maybe that there
is a lot of information... wait, wait, wait, sir, have a seat. Officer, if he
does not have a seat and tries in any way to disrupt the proceedings, we will
have him removed. Today is just going to be one of those days, Manolo.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: You can vote all the times you want, just as long... sir, one
per election. All right...
Vice Mayor Alonso: I hope so.
Mayor Suarez: Madam former City Attorney.
Commissioner Plummer: I am going to state for the record that I think that if
they make a presentation now, they are making a serious mistake.
Mayor Suarez: Would you like to wait until after lunch to have your item
taken up?
Vice Mayor Alonso: Yes.
Mayor Suarez: In view of some of the statements made by my colleagues. All
right. What's the next item then? We'll try to do at least one more before
lunch.
Vice Mayor Alonso: OK, so the next item then, item 10.
Commissioner Plummer: Item 10.
------------------------------------------------------------------------------
21. AUTHORIZE EXECUTION OF A TERMINATION OF REVERTER TERMINATING THE RIGHT
OF ENTRY AND RIGHT OF REVERTER HELD BY CITY PURSUANT TO TWO PRIOR DEEDS
FROM CITY TO ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, INC. - ACCEPT
FILING OF RESTRICTIVE COVENANT IN LIEU OF RIGHT OF REVERTER.
------------------------------------------------------------------------------
Mayor Suarez: Item 10.
Commissioner Plummer: My question... I'll move it, Mr. Mayor, but I've got
to...
Mayor Suarez: Moved.
Commissioner Dawkins: Move what?
Mayor Suarez: Item 10.
Commissioner Plummer: Item 10.
Commissioner Dawkins: What is ten?
98 January 9, 1992
Commissioner Plummer: St. John's.
Mayor Suarez: I see David is back there. He is eagerly awaiting some action.
We had a deed restriction, or reverter that was holding up their financing and
I think what we meant to do is to be sure that they would begin construction 4
by a certain time, but I don't think we meant to be as unduly technical as we
were. And they need to have that lifted so they can proceed. But...
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: But we do have some right at some point to say, you haven't
done anything, so we want the land back.
Commissioner Plummer: My concern here, once again, and I realize that St.
John's is a church and they are not out for a profit organization. What
assurances do we have - you're not even catholic. What assurances do we have
as a Commission that if we remove this reverter, that tomorrow or the next
day...
Mayor Suarez: All right, that's a fair question.
Commissioner Plummer: ... this property can be sold and not as intended of
what we are trying to accomplish?
Mr. Linn Washington: My name is Linn Washington, my address is 100 SE 2nd
Street, Suite 3600, Miami, Florida. What St. John is proposing to do right
now gives you further rights or more rights than you presently have. The
right of reverter in the contract provides that if St. John's can complete
this project within six months, you have no further rights under the deed.
The deed now that... the deal right now is that if this right of reverter is
removed, there will then be filed a restrictive covenant which will provide
that this property will always from now on, be affordable housing. You are in
fact, getting more than you presently have.
Commissioner Plummer: Does the City Attorney agree with that?
Linda Kearson Esq.: Yes, sir, I do.
Commissioner Plummer: Thank you.
Vice Mayor Alonso: Second.
Mayor Suarez: She was saying, yes, in a very sort of emphatic and joyful
countenance, so we'll put that into the record. All right, moved and second.
Any discussion? I think she supports your project. All right, call the roll.
Vice Mayor Alonso: Yes, at least, she seems to be very happy about it.
Mayor Suarez: It's not just a legal opinion. I think there was a sort of...
99 January 9, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-22
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A TERMINATION OF REVERTER
TERMINATING THE RIGHT OF ENTRY AND THE RIGHT OF
REVERTER (COLLECTIVELY THE "RIGHT OF REVERTER") HELD
BY THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED
FORM, PURSUANT TO (I) THAT CERTAIN DEED FROM THE CITY
OF MIAMI TO ST. JOHN COMMUNITY DEVELOPMENT
CORPORATION, INC. DATED DECEMBER 21, 1990, RECORDED IN
OFFICIAL RECORDS BOOK 14990, AT PAGE 1797 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND (II) THAT
CERTAIN CORRECTIVE DEED FROM THE CITY OF MIAMI TO ST.
JOHN COMMUNITY DEVELOPMENT CORPORATION DATED AUGUST
22, 1991, RECORDED IN OFFICIAL RECORDS BOOK 15302, AT
PAGE 2941 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, (COLLECTIVELY THE "DEEDS"); FURTHER,
CONSENTING TO THE FILING OF A RESTRICTIVE COVENANT IN
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, IN LIEU OF
THE RIGHT OF REVERTER, WHEREBY THE LAND C "!VEYED BY
SAID DEEDS WILL ALWAYS BE SUBJECT TO THE AFFORDABLE
HOUSING PRICE RESTRICTIONS AS SET FORTH IN THAT
CERTAIN RENTAL REGULATORY AGREEMENT BETWEEN ST. JOHN
HOUSING LIMITED PARTNERSHIP AND DADE COUNTY DEPARTMENT
OF SPECIAL HOUSING PROGRAMS, DATED DECEMBER 12, 1992.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
100 January 9, 1992
-------------------------------------------------------------------------------
22. BRIEFLY DISCUSS AND DEFER PROPOSED RESOLUTION TO RENEW EXISTING CONTRACT
WITH AUTOMATED MEDICAL SERVICES, INC. FOR COLLECTION OF EMERGENCY
MEDICAL TRANSPORTATION FEES. (Deferred to January 23, 1992.)
Mayor Suarez: Item 11.
Commissioner Plummer: Mr. Mayor, I'd ask that this item be deferred. There
is a discrepancy here, somewhere. When you take simple mathematics that they
anticipate to collect...
- Vice Mayor Alonso: Yes.
Commissioner Plummer: ... a million dollars and their fee is a hundred and
eighty thousand, that's eighteen percent which I think is out of question.
Their fee...
Mayor Suarez: You're moving to defer item 11?
Commissioner Plummer: I would like to defer...
Mayor Suarez: You don't want to try to table or anything?
Commissioner Plummer: Defer it until the next meeting, please.
Mayor Suarez: All right. Move to defer item 11.
Commissioner Dawkins: And I agree with J.L.
Mayor Suarez: Seconded by Commissioner Dawkins.
Commissioner Dawkins: And I also want to know why in here you got where the
County is collecting money for the water bill, and I don't understand why the
County can't collect this. So, when it comes back, I want you to be able to
tell me why you let the County collect the water bill and they're only
charging ninety-seven cents per collection, and you're going to go and
contract with these people for this amount of money.
Mayor Suarez: And I agree with the general thrust of all of that, because if
they are pretty good at collecting, which apparently they are, we ought to let
them do all the collecting. - And take all the heat too.
Commissioner Plummer: They are basically... Mr. Mayor...
Mayor Suarez: Yes.
Commissioner Plummer: ... just so it's not confused, they are not basically a
collection agency, they are a billing agency. There is a big difference.
Mayor Suarez: Yes, and that implies a lot more bookkeeping.
101 January 9, 1992
Commissioner Dawkins: All right, does the County bill... the County collect
without billing, Commissioner Plummer?
Commissioner Plummer:
merely stating that
percent...
Sir, I was not in argument to your statement. I am
I don't think that they are entitled to eighteen
Commissioner Dawkins: Ohl
Commissioner Plummer: ... as a billing service, as opposed to a collection
agency.
Mayor Suarez: OK. So moved and seconded. Any discussion? If not, please
call the roll.
Commissioner Dawkins: Yes.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER DAWKINS, THE ABOVE ITEM WAS DEFERRED TO THE
COMMISSION MEETING ON JANUARY 23, 1992 BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Are you about to make the argument that this could create a
problem if we don't, because if so...
Ms. Maer: No, no problem.
Commissioner Plummer: It's deferred, that's all.
Mayor Suarez: ... we ought to put that before we vote, you know, not
afterwards. Then, we have to reconsider. OK.
23. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO ACCEPT BIDS
FOR OFFICE SUPPLIES. (Deferred to second meeting in January.)
Mayor Suarez: Item 12. Accepting the bids of Barnett Office Supplies.
Commissioner Plummer: Move it.
102 January 9, 1992
Mayor Suarez: Moved. Richard Young, et cetera.
Vice Mayor Alonso: He said wait a minute?
Mayor Suarez: On 12, you're not asking for us to delay action on 12, are you,
Mr. Manager?
Vice Mayor Alonso: Mr. Manager, are you saying wait a minute?
Mayor Suarez: Are we OK on 12? OK, please, let's stick to the item at hand _
so we don't get confused. It's confusing enough as it is.
Vice Mayor Alonso: Second.
Mayor Suarez: Moved and second. Any discussion? If not, please call the
roll.
Commissioner Dawkins: Hold it.
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: You know, under discussion. I don't know where my
paper is here, but...
Commissioner Plummer: What time are we coming back? - two?
Commissioner Dawkins: ... you're spending a hundred and ninety-four thousand
dollars ($194,000) and black vendors are getting less than two thousand
dollars of a hundred and ninety-four thousand dollars, which comes out to less
than one percent of the total bid. I don't understand it. And I keep going
through this. And you can't tell me when you're buying pencils, papers,
envelopes, and stuff, that you cannot get out of a hundred and ninety-four
thousand dollars, more than two percent of the total bid. I just can't
understand it.
Mr. Ron Williams: In fact Commissioner Dawkins, it usually works out more
than that. You will notice that we've provided you with a firm recommendation
on a portion of the total award. The balance of line, or the additional items
totalling approximately ninety-six thousand dollars will be competitively bid
as needed. Among that opportunity there, we see that blacks and other
vendors, particularly female, will get a chance to compete for additional
business. These are firm... this is a portion of the firm bid that we are
providing you. Additional items that are not shown here will be competed
among three black firms and a female firm.
Commissioner Dawkins: You've got your bid sheet there?
Mr. Williams: Yes, I do, sir.
Commissioner Dawkins: The three black firms, call off the amount of money
that each one received.
Mr. Williams: OK. Classic, one thousand fifty-five dollars twenty-four
cents.
103 January 9, 1992
0
Commissioner Dawkins:
right?
Mr. Williams: No.
vice Mayor Alonso: No.
Out of a hundred and ninety-four thousand dollars,
Mr. Williams: Out of ninety-seven thousand.
Commissioner Dawkins: Out of ninety-seven now.
Mr. Williams: Right.
Commissioner Dawkins: OK, the next one.
Mr. Williams: N & K Enterprises, four hundred and twenty-four dollars and
eighty cents.
Commissioner Dawkins: Four hundred, that's four hundred and twenty-four.
Mr. Williams: That's right.
Commissioner Dawkins: All right, go ahead.
Mr. Williams: OK. Apricot, six hundred and ten dollars and fifty-three
cents.
Commissioner Dawkins: Out of ninety-seven thousand dollars.
Mr. Williams: Ninety-seven thousand nine ninety-five.
Commissioner Dawkins: That's comes to one point zero seven eight percent of
the total bid. And I just... I mean, and I sit here and I go through this
with you guys every year...
Mr. Williams: You certainly have Commissioner, and I think you are aware that
we've gone to those vendors that you've been particularly concerned about,
we've asked them to compete, we've applied the preferences where were
appropriate, and we have awarded in accordance with the code. What we have
done additionally though, is gotten these firms also in the position to
compete for another ninety-six thousand dollars.
Commissioner Dawkins: I'd like to move that this be tabled, and that Mr.
Williams report back to me and let me know if there is such a thing as a State
of Florida bid, that you can purchase office supplies off of? If there is a
Dade County bid that you can purchase off of? Or if you can purchase
nationwide for the City of Miami? Because I just get tired of sitting up here
telling you guys that I know damn well that out of pencils, papers, notebooks,
and what have you, that a black firm out of ninety-seven thousand dollars
ought to get more than four hundred dollars.
Mr. Williams: We will be happy to work with you on that, Commissioner.
104
January 9, 1992
Commissioner Dawkins: I move that this be deferred. - Continued until the
next meeting.
Mayor Suarez: OK, deferred until the 23rd. So moved and second. Any
discussion? If not, please call the roll.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mayor Suarez: Right.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-23
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM 12
(PROPOSED RESOLUTION TO ACCEPT RENEWABLE BIDS OF
BARNETT OFFICE SUPPLIES, ET. AL., FOR THE FURNISHING
OF SPECIFIED STOCK AND NONSTOCK OFFICE SUPPLIES ITEMS,
AS NEEDED, AT A TOTAL PROPOSED COST OF $194,292),
UNTIL THE NEXT REGULARLY SCHEDULED CITY COMMISSION
MEETING, PRESENTLY SCHEDULED FOR JANUARY 23, 1992;
FURTHER DIRECTING THE ADMINISTRATION TO REPORT BACK AS
TO WHETHER OR NOT THERE IS A STATE OF FLORIDA, DADE
COUNTY OR NATIONWIDE BIDDING PROCEDURE THAT THE CITY
OF MIAMI COULD USE FOR THE PURCHASE OF SAID OFFICE
SUPPLIES.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:02 P.M. AND RECONVENED AT 2:38 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT FOR VICE MAYOR ALONSO AND COMMISSIONER DE
YURRE.
105 January 9, 1992
24. BRIEFLY DISCUSS AND TABLE CONSIDERATION OF PROPOSED PLAN BY MCI TO
DEVELOP THE FLORIDA RELAY SERVICES FOR THE HEARING IMPAIRED (A
TELECOMMUNICATION RELAY SERVICE PROJECT FOR THE STATE OF FLORIDA) WITHIN
CITY LIMITS (See labels 29 & 50).
------------------------------------------------------------------------------
Mayor Suarez: Mr-, Schwartz, you're with us? You know, I understand that -
and by the way, Mr. Gonzalez-Goenaga, I have your letter of protest on this
Issue which I think refers to MCI. I don't believe that they are influenced
peddlers, but obviously, they have a viewpoint, and it will be considered
today. And because the item was not on the published agenda, we will take
some input from you, if you would like. It did come up, not by the usual
channels, that's a fair comment. They have a proposal to locate in the City
and provide many, many jobs, and as such, even though I have never met the MCI
people, and about the only thing I've seen is the MCI ads on TV, I think they
are the ones that are compared to AT&T and all of that. They have that
advertising battle going on phone rates. Aren't they the same people? You
probably have seen them. But the fact of the matter is that they are a major
company, they are looking to possibly located, I think it's correct to call it
a relay center for the hearing impaired, so that they can make their phone
communications through pictorial and I guess, digital type systems, and it
would produce a substantial number of jobs. At the same time, they have had
an ongoing dispute with the City over the rates that we charge for the use of
our easements for their transmission lines, and this is a fiber optic line, I
think, that they would place in the City. And because it is an ongoing
dispute, it has legal implications, it has implications for other companies
that if we were to charge them less, I would think, that then that would
affect what we could charge other companies, because I don't think that we can
favor one over another. And all of these things, it would be nice to air them
with plenty of advanced documentation as you suggest in your letter correctly.
But I did, at least as to the Commissioners, provide plenty of documentation
five days in advance of this Commission meeting. If we had someone flagged
that to the general public, you would have had access to that if you had known
that they existed, and you would have had plenty of documents to review. I do
want to put together a package for you and anyone else that wants to look at
it in case we take any action today, certainly so that you don't feel that you
were deprived of any of the information that we had. I'm not saying that we
understand it all, because it's very complex. But there is only three of us
and I know that... at this point. I know that this proposal, if we were to
act on an emergency basis, would require four -fifths to pass an ordinance.
And one possibility, I suggested to the aide of Vice Mayor Alonso, would be of
course, that if we came very close, like had three votes but not four,
possibly at the end of the day if she were back, or even at the hearing on the
23rd, we could always try to get the required four -fifths vote. Or if not,
then we just take it as a first reading today.
Commissioner Plummer: Excuse me, Mr. Mayor.
Mayor Suarez: In any event, I am getting way ahead of the game and I don't
mean to do that, Commissioner. I am just sort of giving a quick status report
because we have a... already, before we even get to it, we have a protest from
106 January 9, 1992
Mr. Gonzalez-Goenaga that this item was not duly scheduled. It was on... it
was notified to the Commissioners but we don't have any... do we have any way
that the general public could be alerted that something is going to be taken
up, but it's not in the printed agenda?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Well, but something that was in fact flagged to .the other
Commissioners by a proper memorandum, in this case, from myself, but it could
be from another Commissioner, that we are going to consider acting on it and =
was done more than five days. Perhaps, there is a way of signaling that?
INAUDIBLE COMMENTS MADE INTO THE PUBLIC RECORD.
Mayor Suarez: Right. Maybe we just should have flagged you so that you would _
have a way to notify the general public.
Commissioner Plummer: Mr. Mayor - Is this thing working now? OK. For...
Mayor Suarez: Let the record reflect that he said, fortunately, yes. Not
unfortunately, yes, which is what it sounded like he said but he didn't mean
that.
Commissioner Plummer: Oh, fortunately Ahl I was looking for your replacement.
Just for the record, Mr. Mayor, and I understand the concern of Mr. Gonzalez.
Mr. Gonzalez, I want to tell you that I would have never ever given the
opportunity to the MCI people to come to my office, which they did, to answer
any and all questions. I sent them away asking more question. But I think
what has to be remembered, and the reason for the urgency is the fact that
they are under a deadline to be operational by I think, either the first of
June or the last of June. And there was not time to sit around and wait and
do the norm. And for that reason, is the reason that I personally will not
invoke a rule today because I think it is very important to this community,
and for that reason, I want you to know that I, as a Commissioner, have had
the time to sit with these people, ask the questions that I need to ask, and
hopefully, the answers will be here today. It is very important, and it is
very time running.
Commissioner Dawkins: And I raise the same question that you raised. I do
not feel that it is of such urgency, that the public cannot have their say on
it, and that since we are using taxpayers' dollars, the taxpayers should be
here and be heard. And I, for one, will be voting against it because I...
that's one of the reasons, do not feel that this is of such urgency that we
are going to take three hundred thousand dollars ($300,000) that they did not
have to give raises to the workers, and talk about creating jobs when they
laid people off.
Mayor Suarez: OK. Counselor, I don't know what the best way to make... to
proceed on this item is, but I would suggest that you outline in the simplest
possible terms. This is a very technical issue.
Commissioner Plummer: I don't agree. I'm sorry, Mr. Mayor.
Mayor Suarez: No?
107
January 9, 1992
Commissioner Plummer: If in fact, it takes a four -fifths vote to pass and one =_
Commissioner has already indicated that he will not be voting favorably,
that's a defeat before you start.
Ms. Lucia Dougherty: Mr. Mayor, I understand that Miriam Alonso will be back
in an hour.
NOTE FOR THE RECORD: At this point, Commissioner De
Yurre entered the meeting at 2:44 p.m.
Commissioner Plummer: Well then that's fine.
Mrs. Dougherty: Would you like to take it up then?
Commissioner Plummer: But to start into an absolute defeat...
Mayor Suarez: Would you like to do that?
Mrs. Dougherty: We could wait then.
Mayor Suarez: Would you like to table until we have a full Commission? You
have a...
Commissioner Plummer: It makes no sense.
Mayor Suarez: All right.
Commissioner Plummer: I'm sorry to...
Mayor Suarez: Don't get upset. Your suggestion is accepted and we table it
for another... undetermined period of time.
Mrs. Dougherty: Thank you.
Mayor Suarez: We have been also...
Commissioner Dawkins: And you know what? Don't be so sure now when Alonso
come back that you're home free. I'll invoke the rule. Let's just say we
think when Commission Alonso comes back that you got four -fifths.
Commissioner Plummer: No, we'll send you to the bathroom, as usual.
Mayor Suarez: I think we complied with rule in this case, and for the benefit
of the other agencies that are here, John Anderson and Matthew Schwartz, et
cetera, our code says... I think it's the code, not the charter that says that
Commissioners must know at least five days in advance what they are voting on
for any formal legal action to be taken. They did have that. However, from
that, to the point of having sufficient level of comfort with the issue to be
108 January 9, 1992
El
F]
able to vote favorably is another issue, and believe me, there are many
questions in the minds of many of us up here still. So, we will postpone it
for another little while.
AT THIS POINT, THE ABOVE ITEM WAS TABLED.
25. (continued discussion) CONCERNING SELECTION OF MOST QUALIFIED TEAM TO
PROVIDE PROFESSIONAL SERVICES FOR THE DESIGN, PREPARATION OF
CONSTRUCTION DOCUMENTS, AND CONSTRUCTION ADMINISTRATION OF AN OLYMPIC
POOL COMPLEX FOR CHARLES HADLEY PARK - AUTHORIZE MANAGER TO APPOINT NEW
COMPETITIVE SELECTION COMMITTEE FOR PURPOSE OF REBIDDING SAID
PROFESSIONAL SERVICES (See labels 19, 46 & 49)
------------------------------------------------------------------------------
Mayor Suarez: Do we take up the matter of the dispute on your award? Is that
something that was tabled pending certain clarifications that we are ready to
complete, Arleene?
Ms. Arleene Weintraub: I have the certificate of use for the Architectural
office at 2990 SW 35th Avenue in my hand, and also a certificate of occupancy
for the building. And that's what you had asked for earlier, for number one.
That is...
Commissioner De Yurre: May I see that? Or may we wee that?
Ms. Weintraub: Sure, I'll make copies.
Mayor Suarez: And spread in the record, if you would, Commissioner De Yurre,
what certificate of use is stated on there. Who are the folks that have that
certificate, or license.
Commissioner De Yurre: What I have here says "building certificate of
occupancy, owner Mario A. Suarez, permit holder M.A. Suarez & Associates,
Inc."
Mayor Suarez: I like these guys already, with the last name Suarez. - Don't
know, but...
Commissioner De Yurre: Down here it says...
Commissioner Plummer: Sounds like one more "botella" to me.
Commissioner De Yurre: It says here, "recommendation, cousin of the Mayor."
Mayor Suarez: What does this have to do with the folks that we were talking
about before?
Ms. Weintraub: Suarez is an engineer on the team of Thaddeus Cohen. The
question was asked earlier if Thaddeus Cohen who has his primary office space
in Delray Beach also has a presence in Miami at the address that he gave in
the proposal? - the answer is yes, at this office location.
109 January 9, 1992
- Mayor Suarez: What is the team's... the entity's name that was the applicant
that was rated by our certification process as being number one and
recommended?
Ms. Weintraub: That is Cohen and Architects, with several snbconsultants, one
of which is Mario Suarez.
Commissioner De Yurre: OK, question. Thaddeus Cohen. When did this go
out... this proposal go out?
Mr. Thaddeus Cohen: I don't know but the information that you have is that,
you know, to - because I know that you are very busy, but this...
Commissioner De Yurre: No, hold it. My question is to the administration.
Mr. Cohen: Oh, I'm sorry.
Commissioner De Yurre: When did this proposal go out?
Ms. Weintraub: It was issued July 30, 1991, and submissions were due August
14, 1991.
Commissioner De Yurre: OK, August 14th. Certificate of use, inspection fee
receipts, City of Miami. The name of owner / agent Thaddeus L. Cohen, date,
November 4th 1991. As far as I am concerned, this seems to be a situation
wherein trying to comply with this situation, they have kind of moved into
this location. That's my perception, and that is the way I gather this
situation as being.
Mr. Cohen: Well, what I will like to say is two things. One is, yes, the
information is as it is. We've never indicated that our primary office is in
the City of Miami. And obviously, we know that all these records are public
record. And we know the date that the submission was made. What we said at
the time of our presentation, we also said at the time that we made our
submission, is that yes, we will have a presence in the City of Miami. The
reason why...
Commissioner De Yurre: You see but, you know, understand this, the reason
that we want...
Mr. Cohen: We were penalized for the points though, Commission.
Commissioner De Yurre: No, don't. My understanding is that that was not a
consideration.
Mr. Cohen: No, we were penalized for not having our primary office in the
City of Miami.
Commissioner De Yurre: OK, let me see that.
Mr. Cohen: At least, that's our understanding. So that's why we are not
trying to purport that our main office is here, and when the Commissioner who
is absent asked us about our address, we are trying to indicate to you that we
—i 110 January 9, 1992
AAL
do have an address, a phone number and folks here trying to do business. It
was just a criteria.
Commissioner De Yurre: I'm aware you know, it just... I'm sure ,you understand
our feeling, you know.
Mr. Cohen: Yes.
Ms. Weintraub: Commissioner, excuse me, you had asked about if they were
penalized. The answer is yes. The committee that makes the evaluation uses a
standard City form and that lists all the criteria. This is published in the
RFP (Request for Proposals). And there are several things on it, creativity
and skill, experience, team organization, commitment, capability of team, and
minority participation. In the section called team organization and
commitment, there is a subsection called location of primary work area, and in
that criteria, the committee members deduct points if the prime is not located
in the City of Miami, - Which did occur. Overall, on all the evaluation
criteria, this is the findings of number one.
Commissioner De Yurre: Let me see that section.
Commissioner Plummer: May I ask a question while you're getting that? Mr.
Manager, are we talking about an awful lot of money, or are we talking about
peanuts? Approximately, give me an off-the-wall approximation? - I know
you've got to negotiate.
Mr. Odio: I know the contract is... the work to be performed is two million
dollars, so the normal commission is between one percent to four percent, I
would say.
Mr. Cohen: Oh, the architectural fees?
Mr. Odio: The architectural fees.
Mr. Cohen: I hope not.
Commissioner Plummer: I'd just like to know about...
Mr. Odio: It depends on...
Mr. Cohen: It probably should be somewhere...
Mr. Odio: It's four percent?
Commissioner Dawkins: Commissioner Plummer.
Commissioner Plummer: Sir.
Commissioner Dawkins: This is a negotiated deal...
Mr. Odio: It has to be negotiated.
Mr. Cohen: It has to be negotiated.
ill January 9, 1992
f
Commissioner Dawkins: ... that must come in at two million dollars. That's
all the money we have, and a bond must 'ie put up for it to be done at that.
Commissioner Plummer: Commissioner, that was not my inquiry. Are we talking
about this contract, an awful lot of money, or a little amount of money?
Mr. Odio: You're talking about the architectural fees.
Commissioner Plummer: OK. What we're talking about...
Mr. Odio: Which has to be negotiated.
Commissioner Plummer: ... here, is the agenda item. Are we talking about
something that's ten thousand dollars, or a hundred thousand?
Mr. Odio: You're probably talking between, like I said, between a hundred to
two hundred thousand dollars.
Commissioner Plummer: OK. Well then I... thank you.
Mayor Suarez: Has the question been asked and answered of what, assuming that
all of the facts that we now have at our disposal, which is that a
subconsultant has a location there, how that affects our evaluation of a local
presence or non local presence, as stated by Mr. Cohen of a principal versus
secondary location? How do we look at all of that?
Mr. Weintraub: The committee looked at it by...
Mayor Suarez: I presume that's where we are headed here in the discussion.
Mr. Weintraub: By deducting points in that particular category away from
Thaddeus Cohen.
Mayor Suarez: Did the committee know that the closest thing to a presence
—, here in greater Miami, in Dade County, was a subconsultant's office?
Ms. Weintraub: Yes. He did tell us that in the interview, and said that he
would establish a presence in the City of Miami. The subconsultants are
already within the County and the City.
Mayor Suarez: Subconsultants.
—� Ms. Weintraub: All of the subs except one, to be perfectly clear.
Mayor Suarez: Because that sort of implies that in the future, anyone who
wants to establish a... does it apply to our City requirement ordinance that
gives the ten percent preference in a regular competitive sealed bidding that
somebody can just have - see Judy back there, that can just have a
subconsultant in the City and that makes them... because then everybody can
Just subconsult, or subcontract in the City to get that ten percent
preference. That would destroy the purpose of the act of the ordinance.
Ms. Weintraub: Well I can't answer that on the sealed bids because in this
kind of a process for professional design services, we don't deal with the
112 January 9, 1992
` 0,
money amount. These are professional services that we look at their
capability, and their past experience, so I don't know.
Mayor Suarez: No, I understand that. But I am just wondering as to the
standard or the factual situation where somebody has a subconsultant. Do they
have to have a preestablished relationship with the subconsultant, or can they
do it just for this particular bid?
Mr. Cohen: I can only speak for my case.
Mayor Suarez: No, no, I meant from the viewpoint of our process, Thaddeus.
Mr. Cohen: But what I can say, so you don't believe that I tried to
circumvent the process, because I didn't believe I did.
Mayor Suarez: You in fact, have had a preestablished relationship. Is that
what you're saying?
Mr. Cohen: I've known, Mr. Suarez for thirteen years. Orlando Hernandez who
is with Johnson Hernandez, I have known for thirteen years. We've done all
these pool projects before.
Mayor Suarez: But I mean, do you do all your business with them, or just
occasionally, in certain projects, only in this one?
Mr. Cohen: Basically all of our projects are done with these consultants. So
for us, it was an established team. They graciously allowed us to be able to
create a presence here because we tried to chase the School Board, Dade
County, and others. It is becoming clear, if we want to do business here, we
have be here.
Mayor Suarez: Is there any... let me ask our staff now, since...
Mr. Cohen: So, we go through the process, we pay the fees, et cetera, in
order to have an office.
Mayor Suarez: ... you've kind of been very frank when you said, they allowed
us to establish our presence here. Is there any percentage that would make
this more of an established... true established presence? I mean, suppose
that the subconsultant got one percent, or something. Please, Commissioner,
please.
Ms. Weintraub: Are you speaking of the percentage of the fee?
Mayor Suarez: Is there any percentage participation that a subconsultant
would have that would so minimal that it would make the whole thing just a
kind of a ruse or a subterfuge?
Ms. Weintraub: Well, in this case, these are the consulting engineers and I
can't speak for how they have decided to spend their fees, but it would
certainly be an integral part. There is the architect and the engineers, but
I don't know their particular breakdown.
113 January 9, 1992
Mayor Suarez: We've also gone through this whole quandary when we dealt with
underwriters and bond council - remember with the Holland and Knight fellow
who was the attorney that was doing the...?
Ms. Weintraub: Yes, Ed Vogel, right.
Mayor Suarez: ... bond council work, and Commissioner Dawkins inquired, and
he was from Orlando, from the Holland and Knight office of Orlando. And we
said basically, located in Orlando. We said, you know, you will find somebody
in the Miami office of Holland and Knight, that's the office that we think we
are dealing with. And I don't know if we ever came up with a standard that
will be applicable here.
Mr. Cohen: But Mr. Mayor, we were deducted the points. It's not as if we
received the points and were benefited. Our stationery said that we were in
Palm Beach County, or letterhead shows that, that's the address that they
took. What we said is, and what we have done is that we have an office here
in Miami, because it is important for us to pursue this project as well as
others. So, it's not as if we got the points and we had an unfair advantage.
We didn't get any points.
Mayor Suarez: Yes, you certainly missed... you didn't misstate anything and
you didn't...
Mr. Cohen: No, I didn't misstate anything. We didn't get the points. I
mean, it's not as if we're here and if you took the points away we would fall
to third or fourth. We didn't receive the points.
Commissioner Dawkins: Make the motion after I hear one thing. I'd like to
3
know one thing, Mr. Mayor, that I have not heard through all this discussion.
Mayor Suarez: Commissioner.
Commissioner Dawkins: What was the basis, or what was the reasons that the
selection committee ranked number one, number one instead of number two,
number one?
Mayor Suarez: Why were they ranked number one instead of them?
Ms. Weintraub: They scored more points in the areas...
Commissioner Dawkins: In what?
Ms. Weintraub: ... of experience.
Commissioner Dawkins: How much... what experienced area?
1 Ms. Weintraub: In the area that we are looking at, which is to design an
Olympic pool.
Commissioner Dawkins: They've built more swimming pools, they've built more
houses, they've built more building, they've built more wells, they've built
more what?
114 January 9, 1992
Ms. Weintraub: Pools, olympic size swimming pools. - Or designed.
Commissioner Dawkins: They've built more pools. OK, go ahead.
Ms. Weintraub: In that category, the committee looks at their past
experience, their track record, their level of expertise.
Commissioner Dawkins: OK, what track record do they have compared to the
track record against this company?
Mr. Weintraub: Not to slight number two, because they also had...
Commissioner Dawkins: See, I don't... wait a minute now.
Ms. Weintraub: I can tell you that they designed...
Commissioner Dawkins: I don't need an editorial, I just want you to please
answer my questions. What...?
Ms. Weintraub: They designed a major olympic covered pool complex in the
Orlando area.
Commissioner Dawkins: In the Orlando. They've built one size pool like we
want.
Mr. Weintraub: It's probably much larger.
Commissioner Dawkins: So that give them more of a track record than the
others. Is that right?
Mr. Weintraub: In terms of the committee's feelings, it did.
Commissioner Dawkins: Now you're talking like my wife. You answering like
you want to. OK? So, I have to leave you alone, I mean, I'm accustomed to
1 this. Thank you.
-� Mayor Suarez: Is there a pending question?
Commissioner Dawkins: No, thank you.
Mayor Suarez: OK. Virgilio, I am inclined to...
{ Mr. Virgilio Perez: Mr. Mayor, since...
Mayor Suarez: ... think that almost everything that could possibly be said on
this has been said, and that this Commission just has to wrestle with the
tricky, legal, policy question. Go ahead.
Mr. Perez: Just, Mr. Mayor, we did...
Mayor Suarez: And that means that you get a chance to answer one more time if
he brings up anything.
115
January 9, 1992
Mr. Perez: Just, I don't know what was
Miami and we found out an occupational
whatsoever in that. And I...
brought, but we went to the City of
license and it didn't show anything
Mayor Suarez: That was a certificate of use which has... I think it touches
more to the property than to the professional. So you went and look for the
occupational license which I think goes more with the occupation of
profession. What does that show?
Mr. Perez: That's nothing, Mr. Mayor, let me show it to you.
Mayor Suarez: You mean there is no occupational license for...? Doesn't Mr.
Suarez at least have to have a... Mr. Manager, or Arleene, or somebody - he is
going to write what he feels like writing anyhow, so, you know, you don't need
to give him too much of an explanation.
Mr. Perez: Mr. Mayor.
Ms. Weintraub: I gave you a copy of both, the certificate of occupancy and
the certificate of use.
Mayor Suarez: His first mistake was going to Yale, you know, after that,
everything has been downhill. OK, what would Mr. Suarez have to have by way
of an occupational license so we could say that he is fully licensed in the
City of Miami to operate his business? - other than the certificate of use.
Ms. Weintraub: What does he have... the certificate of occupancy is to Suarez
& Associates, for the building. In addition, Thaddeus Cohen has a certificate
of use to establish as the approved use in that building an architectural
office in his name.
Mayor Suarez: But don't you have to have an occupational license over and
above all of that? - somebody that is functioning out of there as a
professional?
Mr. Perez: Right.
Ms. Weintraub: Yes, you would.
Commissioner Plummer: They sure get me for it.
Mayor Suarez: They get me for it too.
Mr. Perez: Mr. Mayor.
Mayor Suarez: Wait a minute, you're not our expert on occupational licenses
here. - At this point.
Mr. Perez: No.
Commissioner Dawkins: Will somebody in the Law Department tell me, what would
prevent an individual from working out of their vehicle? That could not be a
rolling office?
116 January 9, 1992
F
r.
Commissioner De Yurre: Air conditioning.
Commissioner Dawkins: You know, you all been sitting up here, we've been
going through, you know, a lot of stuff for nothing.
Mr. Perez: Mr. Mayor, just for you to clarification, we went, since this is
in an R-2 zone, we went to see if there was an accessory use license, which is
a home occupied license, and it didn't shown anything whatsoever.
Commissioner Dawkins: You know what, you all going to quit arguing up here
and lose my vote, OK?
Mr. Cohen: It's a C-2 zone.
Commissioner Dawkins: Because I am tired of going through this. I want my
pool built, OK?
Mr. Cohen: It's a C-2 zone.
Commissioner Dawkins: And I've just about had it up here with this one
saying, and this one lying, and that one say this one don't live there, and
this one say that one rented over there. You know, let's get on with the
business here, please, of awarding...
Mayor Suarez: A motion is in order anytime, yes.
Commissioner De Yurre: I'll make a motion.
Mayor Suarez: Was it finally just clarified since we put it in the record, if
I may, Commissioner De Yurre just for a second? I just want to clarify. Was
it finally clarified that this area is in fact zoned R-2? I thought it was
commercial.
Mr. Cohen: It's zoned C-2.
Mayor Suarez: All right. So anyhow, that's not an issue. What's an issue is
— ' whether they have established sufficient Dade County presence to really be
considered Dade County, and would that in fact affect your certification and
evaluation of number one versus number two?
Mr. Odio: The points were still taken away from them, anyway.
Ms. Weintraub: Right. Number one...
Mr. Odio: Because this was done after the fact.
Ms. Weintraub: Correct. They lost the points, and even so, they emerged as
number one.
Mayor Suarez: Right.
Ms. Weintraub: Because of the other criteria as well.
Commissioner De Yurre: OK, now...
117 January 9, 1992
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: ... so we can wrap this up. How the points system
works, I am not too sure. When they get a point taken away and then number
two gets a point taken away, and they are in Dade County, that... and that's
it. It's immaterial as far as I am concerned anyway. So, they are even.
There is no gain there by anyone on that or no loss by anyone on that. Based
on this process, when we get this list with the names of the different
companies in a particular order of recommendation, my understanding is that
these are all good companies, however, based on your study, your evaluation,
you make this recommendation. And it's only that a recommendation to us to
help us in our decision making process. Now we may have our own criteria for
deciding who gets the job or who doesn't get the job based on our beliefs.
And it is my belief that it is of utmost importance that when you have
different qualified companies that we have preference for our locals. And by
locals, I don't mean one that moves in three months after the proposals are
out. It's somebody that's been here for years, somebody that we know does the
job, somebody has a commitment to this area. And whether that's
protectionism, whether that's parochialism, so be it. I think that we have to
do work with those that are qualified, and yet, those that have a commitment
for years in our community. And based on that belief, I make a motion,
instructing the administration to negotiate with the group of Bellon & Taylor
Architects for this job.
Mayor Suarez: So moved.
Commissioner Plummer: Which one is that?
Mayor Suarez: Number two recommendation.
Commissioner Plummer: For the purpose of a vote, I'll second the motion.
Mayor Suarez: Seconded.
Commissioner Plummer: Let's get off the table. You know, Mr. Mayor, let me
just put down here for a fact. This is really an effort in futility. It
really is. The Manager is charged by State law, County law, and City law, to
negotiate, to come back to this Commission with his recommendation of the best
qualified firm at the best price. So I am assured, by whatever way I vote,
the Manager is going to come back after he has reviewed and gone and
negotiated with the best firm, at the best price. And that's... so it's...
Mayor Suarez: But he basically would have an indication of who to negotiate
with on a primary basis, and ninety-eight percent of the time will reach an
agreement with that individual.
Commissioner Plummer: Fine.
A. Quinn Jones, Esq.: Excuse me, Mr. Mayor.
Mayor Suarez: Yes.
118
January 9, 1992
Mr. Jones: Before you proceed, under section 18-52.3 of the code, the
Commission is compelled to accept the rank order of the list that has been
submitted by the City Manager. It would be within the Manager's authority to -
select one other than the one that he has recommended. Only 1f you decide
that you do not accept the rank order, meaning the entire rank order that's been submitted, can the Commission then explore one of the other three =
alternatives that's listed within the code.
Mayor Suarez: OK. I understood his motion to incorporate that, but if you
want to clarify it and if the movant wants to make sure that that's what he
includes in his motion.
Commissioner De Yurre: Incorporate 18.53.3 or whatever it is, and 4 and 5
into my motion.
Mayor Suarez: Let me...
Commissioner Plummer: Wait a minute. Would you put that into clean English
so I can understand?
Mayor Suarez: In effect, the movant is saying that we are not accepting the
Manager's recommended order, but...
Commissioner Plummer: And as such, we have what alternative?
Mr. Jones: The alternatives would be one, to form a new competitive selection
committee...
Commissioner Plummer: Or?
Mr. Jones: ... to appoint a new competitive selective committee...
Commissioner Plummer: Or?
Mr. Jones: Or to authorize the City Manager to appoint a new competitive
selective committee.
Commissioner Plummer: That's the only alternatives we have?
Mr. Jones: Those are your three alternatives.
Commissioner Plummer: Mr. City Attorney.
Commissioner De Yurre: Hold it, hold it. No, no, you're telling...
_ Commissioner Plummer: Wait a minute, I'm sorry, why have you allowed us to
sit here this length of time and argue this thing...
Mayor Suarez: I thought you... yes.
Commissioner Plummer: Why didn't you tell us that in the beginning?
Commissioner Dawkins: He tried.
119 January 9, 1992
Commissioner Plummer: He did?
Commissioner Dawkins: No.
Mayor Suarez: I thought you were saying that the motion could be understood
to incorporate that and in effect, sent back to the Manager to negotiate in a
different order.
Mr. Jones: I was...
Mayor Suarez: Assuming all of these were qualified.
Commissioner Plummer: He thinks we are running the City Commission like the
City Attorney's office. We'll go broke.
Mr. Jones: In any event, upon reviewing this, and upon Commissioner De
Yurre's motion, I was compelled to bring it to your attention. 1 was not
stating this for the purpose of incorporating it within.
Mayor Suarez: Well, how could we, if we can legally effectuate the purposes
enunciated by the moving party, assuming that it gets a second, assuming it
passes?
Commissioner Dawkins: Herb Bailey stood right there and tried to tell us what
he just read.
Mr. Jones: Sorry, I couldn't hear you, Mr. Mayor.
Mayor Suarez: I could understand that.
Commissioner Plummer: Well, what difference does it make?
Mayor Suarez: How could we effectuate the purposes of the motion, if at all
today, by Commission action, assuming it passes?
Commissioner Plummer: You're saying, you can't.
Mr. Jones: I think you would have to go with the option of forming a new
competitive selection committee.
Commissioner Dawkins: Hold it. 1...
Commissioner De Yurre: Are you telling us that we are bound...
Mr. Jones: From amongst yourselves.
Commissioner De Yurre: ... that this Commission elected by the people is
bound by the administration in its decision making process?
Commissioner Plummer: But why does he allow you to make a motion that is not
legal, and me to second, that is not legal, to sit up here and look like a
bunch of yo-yos.
Commissioner Dawkins: I don't mind him, but I don't care about you.
120 January 9, 1992
Commissioner Plummer: Thanks. We've been sitting here. How long have we
been discussing this, Queenie?
Mr. Jones: Commissioner, you've been discussing it for some time. If
Commissioner had not...
Commissioner Plummer: Buy why didn't you tell us that in the beginning?
Mr. Jones: Well when it be appropriate for me to make the... to clarify,
that's exactly what I did.
Mayor Suarez: All right.
Mr. Jones: I think I would have been remiss if I hadn't. I'm sorry if you're
upset about the length of time you had to discuss it.
Commissioner Dawkins: Well, next time you will listen to Herb Bailey.
Commissioner Plummer: You know, we get paid so much up here.
Mayor Suarez: Commissioner De Yurre having heard the legal posture...
Commissioner Plummer: The motion is out of order.
Mayor Suarez: ... do you want to try...?
Commissioner De Yurre: Well, what I want to know is, are you telling us when
we get then these recommendations, we have to abide by them and we are just
rubber stamping this process?
Mr. Jones: You can make a recommendation from amongst yourselves. The
alternative specifically says, form a new competitive selection committee from
among the Commissioners of the City Commission.
Commissioner De Yurre: OK. So that means that we are forming it right here,
and now we are making that decision right here now? Is that what you read by
that?
Mr. Jones: I'm sorry?
Commissioner De Yurre: If we are the new competitive selection committee, and
we make a decision here right now to go with somebody else...
Mr. Jones: Yes. Well you would have to go through the process of hearing the
presentations.
Commissioner Plummer: The hell you say.
Commissioner De Yurre: No, we got the reports.
Mr. Jones: Well, I'm just telling you what the code provides.
121 January 9, 1992
Commissioner De Yurre: Why do we have to hear this if we have no say over
this? Why is the system then that way?
Mr. Jones: If you go this route...
Commissioner Plummer: No, you do have a say.
Commissioner De Yurre: Yes, say no.
Commissioner Plummer: You have a say to kick it all out and go back and start
it all over again.
Commissioner Dawkins: You have to ratify the Manager's recommendation.
Commissioner De Yurre: And we can't have a system wherein we get a
recommendation and we cut through all the stuff that we don't have to sit up
here for five hours, and it can be done before hand, and we just review the
documentation, review the recommendation, and then we implement that into our
own decision process, which I think is a more logical way of doing things.
Mayor Suarez: We certainly have done that in other cases, but presumably not
under the same section of the code, I guess, for professional contracting.
It's interesting. The Manager has a lot more discretion it seems like for
professional contracts. I was going to say, by the way, if we ever got to a
vote on this, I was going to ask you to put on the record the same glowing
minority participation which I gather you probably have, that the protesting
group had already put on the record. But I am not sure that we need to get to
that today. Commissioners, what's your preference in view of what we have
heard?
Commissioner Plummer: Well let me understand. I understand we've got two
choices. One... no, we've got two choices, OK? One, we either accept what
the Manager recommend, or two, we start the process all over with the new
committee. OK? That's what I am understanding.
Commissioner De Yurre: Or number three, can't we constitute ourselves as the
review committee?
Commissioner Plummer: I am not going to do that. I am not qualified as an
undertaker to build a swimming pool, OK?
Commissioner Dawkins: Are you qualified to bury people?
Commissioner De Yurre: You're qualified... buy hey...
Commissioner Plummer: You bet your bippy. Why, you want to be the first
volunteer?
Commissioner De Yurre: You're qualified to decide what happens in this City.
Commissioner Plummer: Yes, sir. I understand that, but I depend upon
professionals to make their recommendations to me. Now I can disagree on
their attitude, and this issue I thought was a legitimate issue that this
company was not in the City. As to the ability of that company to perform, I
122 January 9, 1992
don't think I am qualified truthfully, to sit and listen to those
presentations. -
Commissioner De Yurre: Aren't all these companies supposed to be qualified?
Ms. Weintraub: They are all licensed architects, yes.
Commissioner Plummer: That's not his question.
Mayor Suarez: Mr. City...
Commissioner Plummer: No, no, no, let's get and answer one time, yes or no.
Ms. Weintraub: Well the rank order...
Mayor Suarez: Yes, they are qualified. She is going to say that they are
qualified.
Ms. Weintraub: ... gives you the most qualified.
Commissioner Plummer: His question very simply was...
Mr. Odio: Yes.
Commissioner Plummer: ... are they all qualified? Yes or no?
Mr. Odio: Yes.
Commissioner Plummer: Thank you.
Commissioner De Yurre: OK.
Mayor Suarez: All right, Mr. City Attorney, here is another... let me try
this. Can this Commissioner deem that because one group does not have a, what
this Commission deems to be true presence in the City of Miami, that it
disqualifies that one and goes to the next highest recommendation of the City
Manager?
Mr. Jones: Not under this process because that was only one of the
criteria... amongst the criteria that the selection committee used. That was
not the sole...
Mayor Suarez: It's not a criteria that could be made a ...
Mr. Jones: A disqualification factor.
Mayor Suarez: ... disqualification, or is it Latins say, "sine qua non." All
right. Well, we're back to where we started.
Commissioner De Yurre: Now, is this review committee created by statute, or
charter, or what? - resolution.
Mr. Jones: This is pursuant to the State Statute. It mirrors the State
Statute.
123 January 9, 1992
V
Commissioner De Yurre: Adopted by us?
Mr. Jones: Yes.
Commissioner De Yurre: By ordinance?
Commissioner Plummer: Well you had to adopt it, you had no choice.
Mr. Jones: By ordinance, yes.
Commissioner Plummer: It was State Statute mandated upon cities. You had to
adopt it.
Mr. Odio: I came here in the... that is...
Commissioner Plummer: It was the architects relief bill.
Mr. Odio: That is the City Manager's recommendation which in fac I have to
sign, but I have never seen any of the proposals. I left it entirely up to
the committee to vote, and whatever they voted on, that's what is here. So I
haven't heard any one of the proposals but I have to confide that the
committee did this job.
. Commissioner Plummer: Let me ask a question. How long would it take to go
back through the process again? You know, I hear my colleague.
Mr. Odio: Ninety days.
Commissioner Dawkins: You know what? I for one, do not intend to let you all
prolong this ninety days. I don't care what you do here today.
Commissioner Plummer: Then that's only one answer.
Commissioner Dawkins: I've been two... two years I've been waiting for this
pool. OK? I sit back and I let things go by and I don't say nothing because
I want to be a good fellow. I let the Curtis Park go, being a good fellow,
and let mine go on the back burner. And now today I come here expecting, and
I don't care who you get here today, but I would like for this Commission to
show good faith in my going along with other projects and get this off the
ground.
Commissioner Plummer: Based on your comments, Commissioner, there is only one
vote that can be made.
Mayor Suarez: I entertain a motion on this item one way or the other, folks.
If not, I'm going to move on to the next item if we don't have a motion. We
had no seconds to the prior motion?
Commissioner De Yurre: No.
Mayor Suarez: I don't know if it's been withdrawn or not, and I wish there
— was a Solomonic solution here, but I don't see any.
x
124 January 9, 1992
}
-
Commissioner Dawkins: Call the agenda.
Mr. Gonzalez-Goenaga: I can give one.
Commissioner Dawkins: Call the next item.
Commissioner Plummer: Oh, oh.
Commissioner De Yurre: The only one that I can give which would be different
than just selecting what is being, and voting for what's being proposed here,
is that, you know, that we adopt and constitute ourselves as the new
competitive selection committee and we immediately make a decision right here,
as such. That would be my choice.
- Mayor Suarez: And I think you could do that but probably not before the 23rd
of January, because then, I think you would have to hear the merits of their
presentations. Want to try that?
Commissioner Plummer: Mr. Mayor.
Commissioner De Yurre: So I'll try it if he wants to wait two weeks.
Mayor Suarez: Do you want to try that? I think it also complies with a
requirement or a strong exhortation that we do this very quickly, made by
Commissioner Dawkins and that's the best that I can think of. I think that
sounds legal, at least.
Commissioner Plummer: What was being offered?
Mayor Suarez: That we actually constitute ourselves as a selection committee
and hear the matter on the 23rd from both sides. It'll be a repetition of
their presentation. We will have all the benefit of the selection committee,
and of the certification committee.
Mr. Bailey: He has to bring back everybody we had nine proposals.
Commissioner De Yurre: Give them ten minutes each.
Mayor Suarez: We hear from the nine proposers if that's what the law
provides, and I will take my cues from the City Attorney on that. Not from
anybody else. And we select on the 23rd of January if you think that's what
you would like to try.
Commissioner De Yurre: That's my motion.
Mayor Suarez: So moved.
Commissioner Plummer: I've said before, I'm not going to be no committee.
Mayor Suarez: I'll second the motion. Go ahead and... (tape 8)
Commissioner Plummer: Motion made and duly seconded. Is there any further
discussion? Any input from the public? Hearing none - oh, oh, I'm sorry "Mia
culpa, mia culpa."
125 January 9, 1992
36 X
Mr. Gonzalez-Goenaga: A very short one.
Commissioner Plummer: Thirty seconds.
Mr. Gonzalez-Goenaga: Less than that.
Commissioner Plummer: I'll hold you to that.
Mr. Gonzalez-Goenaga: This must be an Olympic contract because they are going
to build an Olympic swimming pool. What is the amount involved that there is
so much harass..., not harassing, in -fighting between... to get the award of
this contract?
Commissioner Plummer: Your time is up.
Mr. Gonzalez-Goenaga: How much millions of dollars involved?
Commissioner Plummer: We are talking two million for the pool, approximately
_ a hundred and fifty to two hundred thousand on this particular contract.
There is a motion made and...
Mayor Suarez: Yes, this contract is only for architectural services. Let's
not get carried away.
Commissioner Plummer: Architectural, this contract.
Mayor Suarez: Make him think that this is an Olympic contest in that sense.
Commissioner Plummer: OK. Motion is understood? Dawkins?
Commissioner Dawkins: Yes.
Commissioner Plummer: Call the roll.
Commissioner Dawkins: What?
Commissioner Plummer: Excuse me, I asked, was the motion understood. Would
you read back the motion for Commissioner Dawkins, please?
Ms. Hirai: Commission is proposing to constitute the City Commission as the
new review committee and to defer until the 23rd based on the presentations.
Commissioner Dawkins: Motion understood.
Commissioner Plummer: Call the roll.
ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY MAYOR
SUAREZ THE ABOVE MOTION FAILED BY THE FOLLOWING VOTE:
126 January 9, 1992
AYES: Commissioner Victor De Yurre
Mayor Xavier Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
ABSENT: Vice Mayor Miriam Alonso.
Mayor Suarez: All right, on the absence of any other motion, we are going to
continue with the agenda folks, and possibly...
Commissioner Plummer: Well, wait a minute. Now we are doing nothing.
Mayor Suarez: We have absolutely nothing on the table on that item. And I am
not inclined to spend any more time on it unless somebody makes a motion.
Commissioner Plummer: May I inquire of the City Attorney, please.
Mayor Suarez: Yes.
Commissioner Plummer: Mr. City Attorney, are we really arguing about nothing?
The City Manager, regardless of how we send to him A, B, and C, is charged
with the responsibility of getting the best qualified firm at the best price?
Is not that the bottom line?
Mr. Jones: It's the bottom line.
Commissioner Plummer: And it's his sole choice to come back with that choice?
Mr. Jones: It's his recommendation.
Commissioner Plummer: I move Mr. Mayor, that that which has been proffered by
the City Manager be accepted.
Mayor Suarez: So moved. Do we have a second on that motion?
Commissioner Plummer: I withdraw the motion. We're doing nothing.
Mayor Suarez: All right, item 13.
Commissioner Plummer: Well, Mr. Manager, please, I'm sorry. I want to
hear... not hear, my colleague, make the comments that he is making because he
is making truthful comments. We are not doing anything now, where are we?
Are you... where are we? Is that not a good question, Mr. Mayor?
Mayor Suarez: I think it is a self-evident answer on this particular issue we
are nowhere, but perhaps...
Commissioner Plummer: But I mean, are we going to give instructions?
Mayor Suarez: ... with a fifth Commissioner, one motion or another would
pass.
127 January 9, 1992
Commissioner Plummer: All right, let me try one other motion. I make a
moti on .
Mayor Suarez: I mean, it's easier when it's five, because it's usually
three/two, you know.
Commissioner Plummer: I'll make a motion to get off dead center, because we
are nowhere now.
Mayor Suarez: All right. You tried one.
Commissioner Plummer: I'll make a motion that the administration be
instructed to go back through the process with the new committees. At least,
let's get off at dead center. Other than that, we are nowhere.
Mayor Suarez: So moved.
Commissioner De Yurre: Hey, wait until Alonso gets back.
Commissioner Plummer: I'm sorry?
Commissioner De Yurre: Wait until Alonso gets back and you'll have agreed to
something. That's a lot quicker than...
,Commissioner Plummer: What I am saying is, scrap the process and go through
it again.
Commissioner Dawkins: I'll second it.
Mr. Jones: You just ...
Mayor Suarez: Moved and second to redo the process. That basically...
Mr. Jones: A new selection committee.
Commissioner Plummer: Yes.
Mayor Suarez: ... a whole new selection. That is envisioned in the
ordinance.
Commissioner Plummer: But I don't want to walk away from this table doing
nothing.
Mayor Suarez: Can it be an expedited fashion? I mean there is no requirement
that this take any republication or any of that stuff, it's just a matter of
going through the whole process once again.
Ms. Weintraub: It's up to you.
Mayor Suarez: Maybe this will have the effect of forcing a marriage between
the two groups. That's been known to happen before.
Commissioner Plummer: Mr. Mayor, for the record, Mr. Manager, I am once again
going to make my point that those committees be half of the private sector and
half from the public sector.
128 January 9, 1992
M
60
46`
Mayor Suarez: So...
Commissioner Plummer:
private sector.
I think it is very important to get the input of the
Mayor Suarez: The ordinance envisions that?
Commissioner Plummer: I'm sorry?
Mayor Suarez: Does the ordinance envision that?
Commissioner Plummer: No, sir.
Mayor Suarez: No, no, it has to at least contemplate.
Mr. Jones: The alternative, yes, it does. It says to appoint a new
competitive selection committee and authorize the City Manager.
Mayor Suarez: And...
Mr. Jones: So, implicit in that, the Manager can take into consideration,
just as you sugges�ed, private sector...
Mr. Odio: Do I have to come back to them with the names?
Mr. Jones: Of course, yes. You're going to have to come back.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: No, no, no. Come back with the names today. Let's
don't slow the process down. Give us the names of the committee today.
Mayor Suarez: Yes, I can see you being in a position to make a whole new
recommendation or the same one on the 23d.
Commissioner Plummer: And you can hold, and we can make a decision on the
23rd.
Mayor Suarez: And that actually is very similar to the motion that you made
Commissioner, that I seconded and did not pass. Because at least, it gets us
a determination by the 23rd of January, if administration moves very quickly.
And also involves more outside consultants, or outside lay people and not just
have all internal folks. All right, I have a motion... it has been seconded?
Commissioner De vurre: What's the motion?
Commissioner Plui.:,,er: The motion is to have the administration go through the
process...
Commissioner Dawkins: I second it.
Mayor Suarez: ... expedited with at least half of the selection committee
being non City of Miami employees, and have it back to us on the 23rd January.
129 January 9, 1992
That's not really part of the motion, but I think it's understood to be part
of it.
Commissioner Dawkins: The 23rd of January?
Commissioner Plummer: Yes, sir.
Mayor Suarez: Yes. Do it all in two weeks.
Commissioner Plummer: Yes, sir.
Mayor Suarez: Is that in any way not contemplated by the ordinance, or
precluded by...
Mr. Jones: Wait a minute. Mr. Mayor, under category 'B' projects.
Mayor Suarez: I'm sorry?
Mr. Jones: Under category 'B' projects, this is...
Mayor Suarez: Don't give me this category 'B' stuff.
Mr. Jones: OK.
Mayor Suarez: Can we do it or can we not do it?
Mr. Jones: OK. There are certain requirements. It requires not fewer than
six members which includes one representative of the administrative
department...
Mayor Suarez: We are OK so far. You haven't said anything so far that is not
contemplated in the motion or is contradicted by the motion.
Mr. Jones: OK. One representative of each administrative office, a board
which have been identified by the City Manager as a principal user, so I guess
in this sense as you are taking parks...
Mayor Suarez: So make the selection committee larger but have... roughly half
of them be from... you don't mean to make that a fixed requirement, do you,
Commissioner Plummer? - just as many as outside.
Commissioner Plummer: No. Sir, I'm just saying balance the private with the
public. That's all I am saying.
Mayor Suarez: Right, in generic terms.
Mr. Jones: Supervisor of the Building and Zoning and Inspection Division, of
the Fire Rescue and Inspection Services, Director of the Finance Department,
the City Manager's designee, one or more professionals in the field of
endeavor or practice involved.
Mayor Suarez: One or more professionals. Well he is saying get more than
one.
130 January 9, 1992
Mr. Jones: Yes. Now according to this, you could have more than six members
on there, but you have got to have a minimum.
Mayor Suarez: Thank you. Try to balance it off. There is no fixed rigid
rule in the motion intended. And we just clarified that with Commissioner
Plummer, that there be exactly half from non City Employees, but do the best
you can and try to involve outside professionals as envisioned by the
ordinance. OK? Does that make sense, Comriis_ioner Plummer?
Commissioner Plummer: Fine, sir.
Mayor Suarez: Commissioner De Yurre made the motion? Got a motion and a
second, Madam City Clerk? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-24
A MOTION AUTHORIZING THE CITY MANAGER TO APPOINT A NEW
COMPETITIVE SELECTION COMMITTEE FOR THE PURPOSE OF
REBIDDING AND IDENTIFYING THE MOST QUALIFIED FIRMS FOR
THE PREPARATION OF CONSTRUCTION DOCUMENTS AND THE
CONSTRUCTION ADMINISTRATION OF AN OLYMPIC POOL COMPLEX
FOR CHARLES HADLEY PARK; FURTHER URGING THE
ADMINISTRATION TO IMPLEMENT THE HEREIN DIRECTIVE IN
THE MOST EXPEDITIOUS MANNER; AND FURTHER INSTRUCTING
THE MANAGER TO SEEK EQUITABLE PARTICIPATION FROM ALL
SEGMENTS OF OUR COMMUNITY IN THE ESTABLISHMENT OF SAID
NEW COMPETITIVE SELECTION COMMITTEE AND TO ENSURE A
PROPORTIONATE NUMBER OF PRIVATE SECTOR AND PUBLIC
SECTOR PARTICIPANTS.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miriam Alonso.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: You seconded the motion.
131 January 9, 1992
26. AUTHORIZE MANAGER TO SIGN -OFF ON ARTICLE 28 FOR ITS INCORPORATION INTO
COLLECTIVE BARGAINING AGREEMENT WITH SANITATION EMPLOYEES ASSOCIATION
(See label 28).
Mayor Suarez: What are we on, item 13?
Mr. Odio: Thirteen.
Commissioner Plummer: Thank God.
Mayor Suarez: It's a great number. Authorize the City Manager to sign -off on
Article 28 for incorporation of said article into the collective bargaining
agreement between the City and Sanitation Employees Association. I entertain
a motion on that.
Commissioner Plummer: So moved.
Mayor Suarez: So moved. Do we have a second on item 13?
Commissioner De Yurre: Second.
Mayor Suarez: Seconded, Commissioner De Yurre. Any discussion? If not,
please call the roll.
Commissioner Plummer: Just for the record, Mr. Manager, this comes with your
recommendation?
Mr. Odio: Yes, sir.
Commissioner Plummer: Thank you, sir.
Mayor Suarez: The SEA is in agreement, Sanitation Employees Association?
Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-25
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO SIGN -OFF ON ARTICLE 28, ATTACHED HERETO,
FOR INCORPORATION OF SAID ARTICLE INTO THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE
SANITATION EMPLOYEES ASSOCIATION, PASSED AND ADOPTED
' BY THE CITY COMMISSION ON SEPTEMBER 11, 1991.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
132 January 9, 1992
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miriam Alonso.
27. INCREASE COMPENSATION TO DANIELS, KASHTAN AND FORNARIS, PA, LEGAL
CONSULTANTS SERVING AS CO -COUNSEL CONCERNING CASE OF MCNEW MARINE
CONSTRUCTION, INC. VS. CITY OF MIAMI VS. RONALD A. FRAZIER AND
ASSOCIATES, ET AL.
Mayor Suarez: Item 14. Increase in compensation to the law offices of et
cetera, et cetera in connection with the case of McNew Marine Construction,
City of Miami.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Mr. Gonzalez-Goenaga: No, I have something...
Mayor Suarez: Wait, wait, sir.
Commissioner Plummer: I'm going to second it for a lot of discussion.
Mayor Suarez: Seconded for a lot of discussion.
AT THIS POINT, VICE MAYOR ALONSO ENTERED THE MEETING AT 3:26 P.M.
Commissioner Plummer: Yes, sir. This is the one that Commissioner Dawkins is
screaming about the fact of outside counsel, outside counsel. Now, you know,
where are we going to come about where we have... how much do we spend on the
City Attorney's office every year now, Mr. Manager?
• Mayor Suarez: What's the department's budget, more or less? - Two and -a -half,
three?
Commissioner Plumper: About three million dollars. And how much outside
counsel are we running in the run of a year?
A. Quinn Jones Esq.: I can tell you if you ask me to respond. In the last
four or five years, retainage of outside counsel has been minimal.
133 January 9, 1992
Mr. Odio: Commissioner Plummer, this particular case is very important to the
City. We are almost at the conclusion of the case. We are going to win the
case. It would be a bad idea to change horses in the middle of the stream.
We need to bring this... this is the Bayside Marina.
Commissioner Plummer: How much have we paid this firm already?
Mr. Jones: This firm has been paid approximately, I think, almost ninety
thousand dollars - as it's for the last...
Commissioner Plummer: Have we any chance in court of recouping the money that
we have paid out in legal fees?
Mr. Odio: Yes.
Mr. Jones: Absolutely. Under the...
Commissioner Plummer: Including in-house?
Mr. Odio: Yes.
Mr. Jones: Under the performance bond, we will be able to recoup all money
expended for legal fees.
Commissioner Plummer: Outside and inside?
Mr. Jones: All legal fees.
Mr. Odio: Yes.
Commissioner Plummer: And if we lose?
Mr. Odio: We are not going to lose this case.
Mr. Jones: We don't anticipate such a thing.
Commissioner Plummer: Anytime you go to court, you take that risk. If we
lose, what?
Mr. Odio: Then you lose the thing.
Commissioner Plummer: Then we really lose.
Mr. Odio: That's right. But I have to say, I have been... we all have been
working on this case and these people are an expert in their field and I don't
think they're going to lose.
Commissioner Plummer: This hundred thousand dollars is based on how much per
hour for the law firm?
Mr. Jones: My recollection is, Mr. Daniel's fee I think is around one sixty-
five, something like that. One sixty-five, one seventy.
134 January 9, 1992
Commissioner Plummer: One fifty-five which means that they are going to put
in an additional... does that come out to about five or six hundred hours?
Mr. Jones: That probably is about right, and please bear in mind, this type
of litigation is not your ordinary everyday tort case. In fact, the documents
that involve in this case would probably fill half of the Commission chambers.
It's just that complicated a case and the time it goes into making it is well
worth spent. The City stands to gain somewhere in the neighborhood of two
million dollars as a result of this litigation. And as I indicated to you
earlier, all legal fees would be reimbursable under the performance bond.
Commissioner Plummer: My next question. We are suing a company called McNew
Marine Construction Incorporated.
Mr. Odio: They are really suing right now, the performance bond, because they
are out of business.
Commissioner Plummer: Is the performance bond in the neighborhood of two
million dollars?
Mayor Suarez: I was going to ask the same question. Does it cover the full
exposure here for McNew and the architect, Mr. Frazier?
Mr. Jones: My recollection is the performance bond will cover that exposure.
Commissioner Plummer: You're saying that the performance bond is in the
amount of two million dollars?
Mr. Jones: I can get you the exact amount but I am sure it will cover the
entire exposure.
Mayor Suarez: At least. We ought to know that. Do you really need
authorization up to a hundred?
Commissioner Plummer: Not to exceed.
Mayor Suarez: Can't you take authorization up to fifty or up to seventy-five?
Mr. Jones: Well Mr. Mayor, we are about to gear up hard and heavy getting
ready for trial. The trial is...
Mr. Odio: Don't give me a half hour answer. Do you need it? Is seventy-five
sufficient, fifty? We were trying to be, you know, hold on to our money here
a little bit but we don't want to impede you in your strong recommendation.
Mr. Jones: Mr. Mayor, to be honest with you, I would like to have the full
hundred.
Mayor Suarez: All right, that answers that. Commissioners, any questions?
Any further questions?
Commissioner Plummer: Well, my next question is, is the money coming from the
legal department's budget? Mr. Manager?
135 January 9, 1992
ri
Mayor Suarez: Is this budgeted in the legal department, or is this budgeted
in the self insurance...?
Commissioner Plummer: Where is the money coming from?
Mr. Odio: That is in the fees that... what do they call that...?
Mayor Suarez: ... outside consulting budget? Is this...?
Mr. Odio: Outside, yes.
Commissioner Plummer: I don't remember seeing a line item in the budget for
the City Attorney for that. And let me tell...
Mr. Odio: No, from the severance. What do they call that? It's coming from
the self insurance fund.
Mayor Suarez: Or the Risk Management fund.
Mr. Odio: Risk Management. It's set aside for cases like this.
Mr. Jones: This amount has been reserved.
Mr. Odio: Yes. I'll tell you. I believe that we have to win this case and
we are going to win this case, and we need to proceed with the same people.
We have been offered settlements, that's why we know where we are.
Mayor Suarez: I would like privately to know about the settlements we've been
offered at some point, Mr. Manager. I'm not going to ask you to say it
publicly, I don't want to spread it on the record and complicate life.
Commissioner Plummer: Well, wait a minute. Why I am not being told about an
offer to settle which you might not need another dime for?
Mr. Odio: It was very low.
Mayor Suarez: He is embarrassed to tell you.
Commissioner Plummer: But why aren't I informed of this?
Mayor Suarez: He is embarrassed to tell you. They offered ten dollars.
Commissioner Plummer: That's fine. But I think as a Commissioner, I should
know it.
Mayor Suarez: No, I don't know what they offered, but obviously, it isn't an
amount that he could take seriously and he could recommend seriously.
Commissioner Plummer: Well, but Mr. Mayor, that...
Mayor Suarez: But we should be advised, Mr. Manager, even if it...
Commissioner Plummer: But Mr. Mayor, that's not the point.
136 January 9, 1992
V
Mayor Suarez: I got you, I hear you.
Commissioner Plummer: The point is, I am making the vote, not him.
Mayor Suarez: I got you.
Mr. Odio: You're right.
Mr. Jones: Commissioner, my understanding is that...
{ Mayor Suarez: Please advise the Commissioners privately of the offers even if
you don't think that they are too serious offers.
' Commissioner Plummer: Sir, I don't expect you to tell me in the public sector
which would reveal the thing.
Mr. Jones: I wouldn't even to attempt to. What I am telling you is that the
settlement that I am aware of came about under my predecessor and that I was
told that he met with each and every one of you and informed you of it, so
I'm...
Mayor Suarez: No, he did not meet with me, and you...
Mr. Jones: OK, well I stand corrected.
Mayor Suarez: You guys get your act together because when he puts in the
record that there's some offers been made, and we have not heard from you, it
doesn't look good. So tell us, you know, privately what the offers are, and
if your predecessor received them, you start by calling the other side in
every case... major case and say, what did you tell my predecessor that I
- should know about. All right? It's pretty logical. Sir, having heard all of
that and having heard that we hope to recoup all this if we prevail, and that
there is a performance bond that should cover it, you still want to ask about
it?
Mr. Gonzalez-Goenaga: Yes, two questions. Is this going to be a jury trial,
or to a judge, or a jury?
Mayor Suarez: Are we scheduled for a jury or non -jury at this point?
Mr. Jones: This is a non -jury trial.
Mr. Gonzalez-Goenaga: Question number two. Can this law firm, if you finally
decide to give the additional hundred thousand dollars, are they going to come
forward later on with another money because of delays?
Mayor Suarez: Yes, that's a good question.
Mr. Gonzalez-Goenaga: Because lawyers are accustomed to file a lot of papers
for delays.
Mayor Suarez: Can we agree with them that this will take us at least, through
trial and we are not going to hear...?
137 January 9, 1992
Mr. Jones: Mr. Mayor, prior to coming to you with this, I sat down and asked
this firm, along with the assistant City Attorney working with this from my
office, to be absolutely sure that this would cover the any expenditures
needed throughout the trial to conclude the trial in this case. I am assured
that it may not even approach this amount but it will probably... in all
probability, to bring it to a closure, it will take another hundred thousand
dollars.
Mr. Gonzalez-Goenaga: And appellant work?
Mayor Suarez: That's the best we can do, Manolo.
Mr. Gonzalez-Goenaga: And what about appellant work because unless you... you
are so sure that you are going to win...
Mayor Suarez: No, it does not include appellant work. It does not include
appellant work.
Mr. Gonzalez-Goenaga: And then if we lose, what happens?
_ Mayor Suarez: Well I'll tell you what, if we win at trial because of the bond
in this case, the one nice thing is that if we have to take it up on appeal,
they will have to make the bond even more specific by posting a specific
appellant bond, and then we will know for sure we are going to get paid. - And
attorney's fees, so, that's one...
Mr. Gonzalez-Goenaga: And then if we lose, you Commissioners are going to
take it out of your own pocket or the citizen's pocket?
Mayor Suarez: No, we will probably...
Commissioner Dawkins: Out of our pockets because we are the citizens.
Mayor Suarez: Yes. We are going to take it out of the...
Commissioner Dawkins: We do live in the City of Miami. - All of us.
Mayor Suarez: ... time that you cost us during these Commission meetings, we
are going to reduce that time and that will come compensate.
Mr. Gonzalez-Goenaga: Well hopefully, yes, Mayor, I hope that you win the
case.
Mayor Suarez: There you go. Now, you know where we are going to have to take
it out of, Manolo.
Mr. Gonzalez-Goenaga: OK. Thank you.
Mayor Suarez: That's a rhetorical question. All right.
Commissioner Dawkins: Mr. Mayor, pocket item please.
Mayor Suarez: Well, let's vote on this. All right, we have a motion and a
second, do we? Do we a motion and a second? Call the roll, please.
138 January 9, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-26
A RESOLUTION INCREASING THE COMPENSATION TO THE LAW
OFFICES OF DANIELS, KASHTAN & FORNARIS, P.A., SERVING
AS LEGAL CONSULTANTS AND CO -•COUNSEL IN CONNECTION WITH
THE CASE OF MCNEW MARINE CONSTRUCTION, INC. VS. CITY
OF MIAMI VS. RONALD A FRAZIER & ASSOCIATES, ET AL.
WITH THE FEE FOR SUCH SERVICES NOT TO EXCEED AN
ADDITIONAL $100,000.00; SAID MONIES THEREFOR BEING
ALLOCATED FROM THE CITY OF MIAMI'S SELF-INSURANCE AND
INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
28. (continued discussion) ADDITIONAL COMMENTS CONCERNING INCORPORATION OF
ARTICLE 13 CONCERNING MEDICAL INSURANCE (HMOs) INTO COLLECTIVE
BARGAINING AGREEMENT WITH SANITATION EMPLOYEES ASSOCIATION (See label
26).
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE
STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY
STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION
INTO ENGLISH OR SPANISH, AS THE CASE MAY BE.
SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL
LETTERS. TRANSLATION WERE MADE BY CITY MANAGER
CESAR ODIO.]
139 January 9, 1992
Mayor Suarez: Commissioner Dawkins, emergency.
Commissioner Dawkins: Come to the mike, please. In Article 13, you approved
the Sanitation workers agreement. I want him to explain in Spanish what his —
problem is. I want somebody to tra,islate it. Then I want the Manager to tell
this Commission how he is going to address this problem and be prepared on the =
23rd to tell me that it is solved not only for him, but for every member of
the Sanitation Department. Go ahead, sir.
Mr. Nilo Arguelles: BUENAS TARDES. YO CREO QUE EL PROBLEMA QUE VOY A
PLANTEAR...
TRANSLATION: I think the problem that I am going to bring up.
Mayor Suarez: Your name? SU NOMBRE PRIMERO.
Mr. Odio: TIENE QUE HABLAR DESPACIO.
Mr. Arguelles: EXACTO. EL PROBLEMA QUE YO VOY A PLANTEAR, CASI TODOS LOS
COMISIONADOS LO SABEN. SE LES HA ACERCADO A ELLOS 0 A LA COMISIONADA, MR.
PLUMMER QUE ESTUVO EL OTRO DIA EN EL DEPARTAMENTO, Mr. Dawkins, the City
Manager, the Mayor.
TRANSLATION: The problem he is going to present to you. Most of you know
about it. Somebody has come to you or Madam Commissioner. Mr. Plummer that
was there in the department the other day, Mr. Dawkins, and the Mayor.
Commissioner Plummer: ESPERATE, ESPERATE. Explain to him that I brought it
to this Commission table.
Mr. Odio: EL COMISIONADO PLUMMER LO SACO A RELUCIR AQUI DELANTE DE LA
COMISION EN EL ULTIMO MEETING DE LA COMISION ESE PROBLEMA.
Mr. Arguelles: OH, ESE ES EL PROBLEMA QUE YO VENIA A PLANTEARLES.
TRANSLATION: That's the problem that he came to present today.
Commissioner Plummer: Well, I have already presented that at the previous
meeting.
Mr. Odio: Right.
Commissioner Plummer: It is in reference to the HMO (Health Maintenance
Organization). I've asked the City Commission to investigate it, to look into
it. He, among others, the morning that I went over there, indicated to me
that they were not being properly serviced by the HMO company. I brought it
to this table, I asked for an investigation and I am awaiting the answer.
Commissioner Dawkins: OK. That has nothing... that does not help this
gentleman who is being harassed by the bill collectors and that his credit is
being cut off, and then he cannot receive hospitalization for a needed family
member.
Commissioner Plummer: Excuse me.
Commissioner Dawkins: Us bringing it up here is fine, but let's today, J.L.,
get some action on it.
140 January 9, 1992
qW
0
Commissioner Plummer: Let me ask a question. Mr. Manager.
Mr. Odio: Yes, sir.
Commissioner Plummer: I've just voted on the SEA (Sanitation Employees
Association) contract. Did that contract include the HMO?
Mr. Odio: No, no. You voted on the insurance clause that we are providing
funds to fund their insurance program, and it includes everything in there.
Commissioner Plummer: What control does that give this Commission to make
certain where we sit here and vote the dollars, thinking that our people are
going to be properly taken care of by the medical insurance, who we have
suspicion and reason to believe are not. What control does that give this
City Commission?
Mr. Odio: There are two ways that we are operating the insurance funds here.
One is that... like we had, the Police Department now, and SEA that have their
own insurance funds and their AFSCME (American Federation of State, County and
Municipal Employees), and we took over Fire because they did not have enough
money. We did an audit of the SEA and we reached the conclusion with them
that these are the funds they require to balance their budget, so it might
cover... so they have enough funds to cover all their coverage. Now, if
they... once we give them this...
Commissioner Plummer: Do we have the right to audit?
Mr. Odio: Yes, we do. But once we give them this money, if they do not pay
their bills, that's something we don't have control until after the fact. - I
want you to know that. In other words, we can only say, you need so much
money to cover your cost. We give you the money and I hope that it is used
correctly, that we won't find out until we finish the audit the next time
whether that monies have been... you know. They have their own board to run
their insurance program. They are self-sufficient. And all we do is cover
their deficiencies, and that's what we did here today.
Commissioner Plummer: Did you audit for last year?
Mr. Odio: Yes, we did. Yes, we did.
Mr. Arguelles: PUEDO AGREGAR ALGO?
Commissioner Dawkins: What is the problem that his insurance needs have not
been met? - from the administration's point of view.
Mayor Suarez: Can anybody give us like a capsule summary of what it is that
the problem is?
Mr. Odio: I think I know. At one point, they did not have sufficient funds
in their fund to pay their bills.
Mr. Bob Mehditto: At one time, as last year the fund was three hundred and
fifty...
141 January 9, 1992
Commissioner Dawkins: You
are not a member of the
administration. OK? s
-,q
Mr. Mehditto. No, but I just...
Commissioner Dawkins: You
are union. Let me hear
from management.
Mr. Odio: In my opinion,
at one point, they did
not have sufficient funds to
cover their debts.
Commissioner Dawkins: OK.
Go ahead, Mr. Manager.
Mr. Arguelles: PUEDO AGREGAR...
Mr. Odio: And I went to the Solid Waste Department once and I heard about it
from all of them, and we came back and some bills were paid. And so did
Plummer...
Commissioner Dawkins: So they did not... so this gentleman... I am asking a
question because I don't know. I'm not going to take him. So an individual
in the Sanitation Department went to a health care facility...
Mr. Odio: Right.
Commissioner Dawkins: ... thinking that that individual was covered under the
blanket coverage...
Mr. Odio: Right.
Commissioner Dawkins: ... and then when this individual gets to the health
care provider...
Mr. Odio: Right.
Commissioner Dawkins: ... he finds out that his organization has not paid the
health care provider.
Mr. Odio: That is right.
i'
Commissioner Dawkins: That's what you're saying.
Mr. Odio: That's what I'm saying.
Commissioner Plummer: Well, but there are more allegations. There are more
allegations. The allegations also that were brought to me, were that the
selection of the HMO for the price paid did not give the same benefits that
other HMOs were giving at the same price.
Mr. Odio: See, we do not intervene or interfere in that part. They are self-
sufficient.
Commissioner Plummer: Excuse me. Mr. Manager, let me ask this question.
Mr. Odio: OK.
142 January 9, 1992
Commissioner Plummer: Of the selection of the HMO, is that strictly up to a
board or must it be ratified by the members as the contract is?
Mr. Odio: No. It's up to themselves. - To the SEA.
Ms. Sue Weller: Health Trust.
Mr. Odio: To Health Trust.
Commissioner Plummer: What is the Health Trust? Is that a committee?
Mr. Odio: They are a committee of themselves.
Mr. Mehditto: It's the... J.L. It's the Health Trust Board.
Mr. Odio: Formed by themselves.
Mr. Mehditto: When we change the insurance or we look into other insurance,
it is voted on by the membership. The last time...
Commissioner Plummer: When you change carriers?
Mr. Mehditto: Yes.
Commissioner Plummer: Well, let me refresh my memory. What was the big
squabble we had here about a year ago in which carriers were changed and
talking about taking it out of the check? Is that the same...?
Mr. Odio: No, that was...
Vice Mayor Alonso: Oh, but that was the deduction from the pay check.
Commissioner Plummer: Was that the same thing?
Mr. Odio: No. What you're talking about is legal...
Commissioner Plummer: Wasn't that a change of carriers?
Mr. Odio: No, you're talking about legal services.
Commissioner Plummer: OK, I'm sorry.
Mr. Odio: It had nothing to do with insurance.
Vice Mayor Alonso: That's different, altogether.
Commissioner Plummer: Al right. The question that I am asking is, what
happens to the members, when we sit here thinking that we have provided
adequate funds for our people - your union members, but our people - and they
are not getting the benefits, or they are not getting the bills paid? That's
a reflection back on us.
143 January 9, 1992
Mr. Odio: It's a good point, Commissioner, but again, when whoever did this,
or whatever reason, that we gave them the responsibility or they took over the
responsibility because the City couldn't manage insurance, according to the
union. They took over their own responsibility. They are responsible to
provide health services to their members. Like the Police Department does,
FOP (Fraternal Order of Police) does, and like AFSCME does.
Mr. Arguelles: YO QUIERO... QUE NO HE TERMINADO.
Vice Mayor Alonso: No.
Commissioner Plummer: No, no, no, AFSCME doesn't.
Commissioner Dawkins: Thank you. Thank you, Charlie.
Mr. Odio: I mean, that's right, sorry, sorry.
Commissioner Dawkins: Go ahead.
Mr. Mehditto: Last year, up until last year, the members were paying thirty-
seven dollars a pay period. The rest of the City was paying sixty dollars a
pay period. OK? They had the coverage, the coverage was good. The fund went
into the hole for three hundred and fifty thousand dollars. It took us a
whole year to get out of the hole. Right now, we owe twenty-five thousand
dollars to the providers and the money we are getting here is going to cover
that.
Commissioner Dawkins: What does that do?
Mr. Mehditto: The fund should be in good condition.
Commissioner Plummer: well, you know, it's...
Commissioner Dawkins: What does that do to him?
Mr. Arguelles: I'm not finished. The problem is seven years, never the
people working for this department select the insurance. The association
selects the insurance. OK? And seven years, change six times, six years, the
insurance.
Mayor Suarez: All right, sir, you have a problem. USTED TIENE UN PROBLEMA
QUE USTED TIENE QUE BUSCAR LA MANERA DE CONTROLAR EL SINDICATO. You have to
be able to control your own union. You can't say they selected for us, they
are you. You select them.
Mr. Arguelles: ESO ES INCONTROLABLE.
Mayor Suarez: Well, you don't think they are... he is saying that they can be
controlled.
Commissioner Dawkins: OK. Let me ask a question.
Mayor Suarez: Out of control.
144 January 9, 1992
Commissioner Dawkins: Let me ask a question over here, Mr. Mayor.
Mr. Arguelles: I'm not finished.
Mayor Suarez: Yes. But we are not going to solve that today. We are not
going to solve that issue today. There is no way.
Commissioner Dawkins: I'll have to schedule this as a regular hearing item.
Mayor Suarez: Right.
Commissioner Dawkins: Because this is lengthy. Let me ask one question and
I'll close, Mr. Mayor. The SEA members, I mean Sanitation workers pay thirty-
seven dollars per member. Did the ninety -nines pay thirty-seven dollars too?
F1 Mr. Mehditto: They have no insurance.
Mr. Odio: No. I believe Commissioner, if I am wrong then correct me, that
they are paying much more than thirty-seven dollars.
Mr. Mehditto: That went up...
Commissioner Dawkins: Beg pardon?
Mr. Odio: They are not paying thirty...
Commissioner Dawkins: A pay period.
Mr. Odio: They are paying more than that.
Mayor Suarez: Now, he said sixty, I think.
Mr. Mehditto: Now they are paying more, now they are paying sixty.
Commissioner Dawkins: No, no, no. You said that a year ago they paid thirty-
seven.
Mayor Suarez: At one point they were paying thirty-seven, you said.
Mr. Mehditto: Yes. They were paying thirty-seven. Up until last year...
Commissioner Dawkins: Did the ninety -nines pay thirty-seven dollars too?
Mr. Mehditto: The ninety -nines are not entitled to insurance.
Commissioner Dawkins: Beg pardon?
Mr. Mehditto: They are not entitled to insurance.
Mr. Odio: They are not entitled to an insurance.
Commissioner Plummer: How much is the lump sum that you are allocating to
them?
145 January 9, 1992
�r M
Mr. Odio: I think it's what? Ninety-three?
Ms. Sue Weller: Ninety-five thousand...
Mr. Odio: Ninety-five thousand.
Ms. Weller:... upon ratification. A hundred and twenty thousand in January of
1993.
Commissioner Dawkins: Mr. Mayor, I've taken enough time.
Commissioner Plummer: Wait a minute. Can I get an answer please?
Commissioner Dawkins: Yes, I'll schedule this for a regular hearing and J.L.
can have his answer then.
Commissioner Plummer: What is the total amount of money that is presently
being paid in a lump for a year to Sanitation for...?
Commissioner Dawkins: We will schedule it as a regular hearing.
Mr. Odio: It's two hundred and twenty thousand dollars.
Ms. Weller: Total.
Mr. Odio: Total.
Commissioner Plummer: Two twenty-two?
Mr. Odio: Two twenty.
Commissioner Plummer: Two twenty.
Mr. Odio: Right, total.
Commissioner Plummer: For how many members?
Ms. Weller: Three hundred and thirty-seven, I believe.
Commissioner Dawkins: Are you going to throw in a burial, free burial for
that too?
Commissioner Plummer: No, no, no, I'm going to be able to...
Commissioner Dawkins: OK, I just though I'd ask, you know, no problem.
Trying to get all we can.
Commissioner Plummer: Would you forward to my office a copy of the audit
please?
Mr. Odio: Be glad to provide that.
Mayor Suarez: All right.
146 January 9, 1992
i
Commissioner Dawkins: Thank's Mr. Mayor. Move the agenda, please.
_ Mayor Suarez: And I think you've requested a meeting with individual
Commissioners at my office. I'd be interested in hearing directly from you.
So, yes, you can go upstairs and schedule it. OK.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: I would also ask of the City administration to send me
a copy of the present policy and the benefits provided.
Mr. Odio: OK.
29. (Continued discussion) PROPOSED PLAN BY MCI TO DEVELOP THE FLORIDA RELAY
SERVICES FOR THE HEARING IMPAIRED (A TELECOMMUNICATION RELAY SERVICES
PROJECT FOR THE STATE OF FLORIDA) WITHIN CITY LIMITS (temporarily
tabled) (See labels 24 & 50)
Mayor Suarez: MCI. Lucia, you were beginning to make a presentation and we
asked you... Vice Mayor Alonso, to hold off on the presentation. But we also
asked her to make it as clear, simple, nontechnical as possible. At the same
time, giving us enough here to make an intelligent decision. And I think we
gave some of the parameters of what we need to hear. Not too much history and
philosophy and what is commonly known as "BS."
Mrs. Lucia Dougherty: I'll do my best.
Commissioner Plummer: Better stuff.
Mrs. Dougherty: Mr. Mayor, I am Lucia Dougherty...
Mayor Suarez: I figured I'd get a smile out of you.
-! Mrs. Dougherty: Lucia Dougherty, law offices at 1221 Brickell Avenue, here
today, representing MCI Telecommunications Corporation. With me is Lew Wilks
who is the regional manager for MCI, the southern division. Buddy Cunningham
is the senior manager for the southern division. Richard Strong is assistant
general counsel. Rod Petrey who is my co -counsel and their local counsel.
There are several civic persons in the audience that are here to support this
and they are here to support and have been a participant in the attempts by
both Team Miami, Beacon Council, the DDA, and your administration to bring MCI
here to Miami. Those three people are John Anderson who is the president and
CEO (Chief Executive Officer) of the Beacon Council. Harriett Fox is the
immediate past president of the National Association of Women Business Owners.
_ Elaine Black, the executive director of Tools for Change. Isabelle Raft is
the director of the Center for Business and Industry of the Wolfson Campus of
Miami Dade Community College. Jay Rodriguez was here this morning, he is the
executive director of CAMACOL, and Everett Stonebraker who is the chairman of
147 January 9, 1992
the Telecommunications Committee of the Greater Miami Chamber of Commerce. We
want to thank these folks for being here this morning, sitting through the
meeting, and again, being here this afternoon.
Commissioner Plummer: How much money are they putting up besides their voice?
Mrs. Dougherty: This has been a tremendous effort by all of them to bring MCI
here and we want to thank them, and we want to thank you, Mr. Mayor, for
-`; bringing this as an emergency item. There was some discussion this morning.
ii
Mayor Suarez: That's a very nice way of saying that they are all supporting
but they are not necessarily supporting financially, which is the question
that he asked.
Commissioner Plummer: Put their money where their mouth is.
Mrs. Dougherty: We want to thank you for bringing this as an emergency item.
There was some discussion earlier today about why this is an emergency. I
just want to also know that not only does this office have to be up and
running by June of this year, but we also have to have a demonstration project
started in April, not only for marketing, but also for training as well as
testing. So this is a true emergency in the sense that for this public and
civic matter, we ask your indulgence for this emergency.
Mayor Suarez: I don't disbelieve that these things have to be done by those
deadlines, but, to be more specific, what happens if they're not done by those
deadlines? The sky falls or you lose some funding or what happens?
Mrs. Dougherty: If we don't have a facility operational, fully operational by
June, we have to pay $25,000 a day.
Mayor Suarez: To whom?
{
Mrs. Dougherty: To the State.
Mayor Suarez: In other words, you have to pay a penalty back to the grantor
of this particular subsidy. All right.
i
Mrs. Dougherty: We'd like to also thank Matthew Schwartz of the DDA, John
Anderson and Thad Adams of the Beacon Council, Quinn Jones, Rafael Diaz, Joel
Maxwell, Warren Bittner for the endless hours, and I really mean that, in
drafting this legislation and the ordinance.
Mayor Suarez: The substance of your request.
Mrs. Dougherty: I'm going to get there. I'm right here now.
j Mayor Suarez: Leave the personalities out. Some of those people get paid to
do what they do.
Commissioner Plummer: Do any of those people vote?
148 January 9, 1992
i;
Mrs. Dougherty: The reason we're here before today is we were awarded a State
contract for a telecommunications relay system for the hearing impaired. We
must find a headquarters immediately for this facility. This headquarters -
y will employ 250 to 300 people, up to 1,000 people in five years. The payroll
will start initially at $650 per month and be up to - which is $4.7 million
per year in the first year, $10 million in total income for the City in the
first year. The employment in the second year will be 369 jobs with a total
income to the City of $15 million. Direct salaries of $7.8 million and in
year five, it is anticipated that at 853 employees, there will be direct
salaries of $15 million and total income to the City of $35.2 million.
- Vice Mayor Alonso: There's something wrong with the voice.
R
Mayor Suarez: Yeah, we're not picking up some of the sound. Madam City
Clerk.
Mrs. Dougherty: Choices for this office are Jacksonville, Tampa and Downtown
Miami. MCI is not here to play off one city against the other. MCI has made
_ a corporate decision that it wants to locate this facility and other _
facilities in downtown Miami. I'd like Lew Wilks to come to the microphone now and tell you why they want you to be in Miami.
l�Mr. Lewis Wilks: Lew Wilks, Regional Manager, MCI, 100 South 4th Street, St.
—� Louis, Missouri. I'd like to take just a moment to outline how we were -
approached by the City of Miami. Initially, as MCI pursued the contract with
—' the State as outlined for the hearing impaired relay center, we were
approached by the Beacon Council of Miami, as well as numerous civic and
business leaders from the Greater Miami area.
Mayor Suarez: The gist of why Miami versus Jacksonville, Lew, is what we want
to hear. Because, see, if we think that the same presentation you're making
here you'll be making to Jacksonville or any other place, then you know,
you're just using us. Now, the personalities are great, but we've got to
decide, based on our resources, whether we go through with this or not and
it's very interesting to us to hear the kinds of things that you would not be
able to say also to Jacksonville, because then we might think that you're
saying exactly the same things to them. And the personalities involved, well
that Jacksonville has a Beacon Council or equivalent, it has a downtown
development authority or equivalent, it has a city attorney's office, it has a
mayor, etcetera, and a commission. So we need to hear from you why Miami and
why you've decided Miami to see if we can believe that you really, really
intend to do this and it's not our inducements that you're competing for
because, you know, we want to go half way with you but we need to know how far
you're going.
Mr. Wilks: Yes, Mr. Mayor. The cultural diversity, the work force ethics of
Miami, the ability to attract and build a center that incidentally requires
tremendous cultural diversity in the sense that over 25% of our operators must
be bilingual; that a major percentage of those operators must have specific
skills, as you're well aware, Miami has been faced with a number of economic
and corporate downturns over the last year; we feel the available work force
in Miami is a tremendous asset to that potential work force availability. In
addition, we believe that Miami, and especially Downtown Miami, is clearly
positioned to be a major international gateway over the next decade and as we
149 January 9, 1992
move into the next many years. As we look at our opportunity, it is to be a
very visible part of what we view to be a revitalization effort of the
Downtown Miami efforts. We feel we can be a catalyst in helping to lead that
revitalization effort in downtown Miami, but simply stated, Mayor, it is the
opportunity to be in an environment that offers us the right mix of work force
availability, cultural diversity and work force ethics that we think offers us
tremendous advantage in locating the center in the City of Miami. In the same
context, I would say we might ask what are our challenges as we look at why we
would place this center in Miami. Simply stated, they are that a major
portion of our communications structure and operation is based upon our
ability to have good communications infrastructure. Just as highways were the
tool for change in the 1950's and 1960's, businesses went where highways
made...
Mayor Suarez: That was real cute how you got Elain Black into this with that
wording.
Mr. Wilks: ...but the other businesses other than the communications
industry, as we look into the next century, will look for communications
infrastructure as a major component in making their decision as to where to
locate their businesses. We believe that ties in very strongly with the
downtown Miami message of being that international gateway for the next
century.
Mayor Suarez: Are there any outside connections that you would take advantage
of that exist in Miami that don't exist in Jacksonville, for example? To the
Caribbean, to Latin America.
Mr. Wilks: In addition to our own, we're working with, obviously, a number of
the civic groups tied to the International Trade Bureau, Metro Dade Community
College is working with us in their educational training efforts. Yes, are
not necessarily...
Mayor Suarez: I mean technically. Do you have any hookups that don't exist
in Jacksonville that exist in Miami, either internally in the downtown area or
externally in the Caribbean that you could take advantage?
Mr. Wilks: No.
Mayor Suarez: Who were the other companies that were being considered for the
State determination of this facility?
Mr. Wilks: The principals were AT&T, Southern Bell and US Sprint.
Mayor Suarez: And all made their presentations and you won out.
Mr. Wilks: That's correct.
Commissioner Plummer: I think for
we're trying to entice them to come
jobs for downtown and I think that's
with an acceptable contract that's
are throwing out the bait hoping we
the record what we need to say is that
here. We want them to come here. We want
what we're doing if, in fact, we can come
fair to both sides. We are the ones who
can reel in the big fish.
150 January 9, 1992
{
�t
!1
Commissioner Dawkins: But also I think you have to say that this has to be a
happy marriage. You know, I've sat here and I've heard over and over...
Commissioner Plummer: Don't ask me to define a happy marriage.
Mayor Suarez: A happy marriage is defined by M.J. and Nancy, that's how we
define it. He does all the talking and she does all the listening, from what
he tells us.
Commissioner Dawkins: For your benefit, J.L. Plummer, a happy marriage was
y Joe Robbie and the City of Miami and the Orange Bowl. The more Joe Robbie
came here and asked for, the more we gave, the happier he was.
Commissioner Plummer: How could it be a happy marriage if the divorce came
about finally?
Commissioner Dawkins: Because you stopped giving.
Commissioner Plummer: Oh.
Commissioner Dawkins: When you stop supporting your wife in the manner she's
accustomed to be supported, she will divorce you.
Mayor Suarez: Or spouse.
Commissioner Dawkins: Or your live-in maid, it doesn't matter.
Mayor Suarez: Or special person. What's the wording now -a -days?
Commissioner Dawkins: So therefore you have to...We've got another situation
right now with the Miami Heat. We gave through the nose, the Miami Heat wants
everything. Everybody - and another example, J. L. Plummer - is the Knight
Center. How much are we subsidizing the Knight Center, Mr. Plummer?
Commissioner Plummer: About $4 million a year.
Commissioner Dawkins: And when they came here, what kind of promises would
you say ... Because that was done when I got here?
Commissioner Plummer: Financial projections showed that after the $20 million
gross, that the City would have no less than a million dollars a year.
Commissioner Dawkins: So I just want you to see that everybody comes to the
i City of Miami and asks you, if you meet me here, I will do this and they end
up doing nothing. Now I don't see how...what happens if they don't retain 300
jobs for five years? What happens if Jacksonville, after you give them what
they need, decide they can make a better offer? What happens?
Mrs. Dougherty: Mr. Mayor, I can answer that for you.
Mayor Suarez: Yeah, but as you do, remember that we have to get back to the
tough issues here which you have not even begun to address...
Commissioner Dawkins: I'm going to address that.
151 January 9, 1992
s�
i
41
Mrs. Dougherty: I'm going to address them now.
Mayor Suarez:...and you've been 15 minutes into your presentation and we
haven't heard yet what I'm sure Commissioner Dawkins is interested in, we all
". are, which is what about the existing franchise fees that you want reduced and
what about the inducements, the monetary inducements that you want us to come
up with. Those are the issues that obviously are going to be the sink or swim
ones here. I mean we love you, we want you to have three hundred and fifty
some employees, we presume that we'll be able to build in all kinds of first
source agreements, etcetera. Where's the beef?
Commissioner Dawkins: Mr. Manager, where would you get $500,000 from to award
them?
Mr. Odio: It would have to come from tax increment district of the
Overtown/Park West...
Commissioner Dawkins: You will not take, OK... Then are you planning to put
this project in Overtown?
Mr. Odio: We were hoping that we would put it in the area of the
Overtown/Park West tax increment.
Commissioner Dawkins: Are you planning to put it in Overtown?
Mr. Odio: If it's not in that area, then we won't be able to get that money
from there, no.
Commissioner Dawkins: Beg your pardon?
Mr. Odio: If they don't place it in the area of Overtown/Park West, they
cannot get that money.
Commissioner Dawkins: Are they going to house their office space in the
vacant space of Mr. John Cruz? He has space there that needs an occupant.
Mr. Odio: Well, I'm hoping that...We know there's acceptable space in the
area...
Commissioner Dawkins: How would you offset... See, and I'm not going to
vote. How would you offset the money that is supposed to come in for the fee?
Now had they been paying me all along, I could understand them coming here
telling me, hey, you meet me halfway and I'll do this. But they have refused
to pay me my fee that they agreed to. Nobody had a gun to their head and made
them pay the fee that they are withholding. But they're withholding a fee,
going to court and telling me that now I want you to drop this, but I say stay
in court and let the judge decide what he's going to do.
Mayor Suarez: OK, on that issue, on that very issue because it's of great
concern to those of us that might be inclined to vote for this, can we get a
simple explanation...
Mrs. Dougherty: Yes, I'm going to give you a simple explanation.
152 January 9, 1992
y , t
is
Mayor Suarez: ...where the fee results from, what the discrepancy is between
what the State law seems to say and what we've been charging and then, most
!_. importantly, if we were inclined to make an agreement with you, what
Ix implications for the other people that are supposed to be making and, in fact
I think are making similar payments, as opposed to MCI which has been refusing
to make them?
Mrs. Dougherty: Yes, Mr. Mayor in order for MCI to come to Miami and locate
this telecommunications center in the City of Miami, Miami must be competitive
_ with not only Jacksonville, Tampa, the rest of the State, but also
unincorporated Dade County. In other words, we have...the City of Miami...
Mayor Suarez: It's going to be one of those days where we don't get a simple
_!( answer to a single question all day. It's 4:00 p.m.; we started at 9:00 a.m.;
that's I don't know how many hours and I've yet to get one simple answer to
— ' one simple question.
Mrs. Dougherty: The City of Miami has a fee...
Mayor Suarez: Dr. Prieto, Mr. Max ... I gave up on you, counselor, I'm going to
try to get some answers over here. Somebody explain to me how this fee
results. I know that the discrepancy is between roughly $2 per linear foot
that we've been charging and $500 per mile that they claim we can charge which
works out to be about 10 cents per linear foot. Right? Am I right at least
on the numbers?
Mr. Odio: Yes, $500 a mile is what it comes out to.
Mayor Suarez: All right, now who is paying that fee to us now and for what
connections in the City of Miami other than MCI?
Mr. Odio: AT&T, Southern Bell, Sprint, all of them are paying.
Mayor Suarez: What connections do they have that they have to pay us this
for? Are they trunk lines, what are they, are they cables that they have
somewhere between buildings? What are they, fiber optics?
Mr. Luis Prieto: We've got 15 firms and basically these are all their
telecommunications, mostly underground.
Mayor Suarez: Mostly underground, on our easements, on City property. They
all pay at the $2 linear foot rate?
Mr. Prieto: That is correct, sir.
Mayor Suarez: And they are paying based on a City ordinance that provides $2
a linear foot?
Mr. Prieto: Yes, sir, that is correct.
Mayor Suarez: And there is some State ordinance or statute that they
understand to be $500 per mile?
153 January 9, 1992
Mr. Odio: $500 per mile.
Mayor Suarez: What we understand, Joel, up to now that allows us to charge $2
per linear as opposed to the $500 per mile.
Mr. Maxwell: Because the statute allows for grandfathering of ordinances that
existed prior to adoption of the statute.
Mayor Suarez: And ours existed prior and was a more costly ordinance,
obviously.
Mr. Maxwell: That is correct, sir.
Commissioner Plummer: There's another factor.
P
i
Mr. Odio: We have to prove that that's what it cost. And we know it cost
more than that.
xi
Mayor Suarez: In other words, we have to show a rational basis for our
imposition of that cost because otherwise they could challenge it
constitutionally. But now...
i
Commissioner Plummer: There's another factor.
Mayor Suarez: Another factor. What's the other factor?
Commissioner Plummer: The other factor is that we issue those people
i� franchises. We're not issuing these people a franchise.
4�
Mrs. Dougherty: You didn't issue them a franchise, Mr. Plummer. What you did
was you imposed a regulatory fee on all persons who have these trunk lines.
Commissioner Plummer: What I'm telling you is that on Southern Bell, Florida
Power & Light, cable company, we hold the franchise. If they don't pay us and
agree to, we pull their franchise. We're not holding MCI's franchise and we
can't pull it. That's what I think the point is that has to be made.
Mrs. Dougherty: That's correct.
Mayor Suarez: Some of them are exclusive franchises for a specific...
i
Commissioner Plummer: No, none of them are.
Mrs. Dougherty: The franchise, though, is so that you can...
Mayor Suarez: Well, that's the implication of the term that you're using,
franchise. Otherwise, you're just using an easement, you're just using City
property to transmit some sort of message.
Commissioner Plummer: No.
Mrs. Dougherty: A franchise allows you to use any street anywhere in the
City. All we want to do is have specific streets and for those specific
streets, we'll pay a fee and your ordinance presently says $2 a linear foot.
154 January 9, 1992
� l
Commissioner
Plummer: For any of
the franchises, they're non-exclusive.
Mrs.
Dougherty: What is proposed is to come under State law and be exactly
what
State law is, that's $500 a
linear mile unless you can prove it cost you
more
for the cost of regulation,
in which case, we agree to pay the increased
fees.
Mayor
Suarez: I could have sworn I said all of that. Now, if we were
inclined to agree with them for the lesser fee, what implications does that
have for the other companies? It's a logical question. If we were inclined
to accept their fee structure, what implications does it have for the other
company? Can we distinguish the other ones?
Mr. Odio: You have to give them the same... My recommendation, you would
have to treat them all the same.
Mayor Suarez: City Attorney agree on that?
Mr. Jones: All the other permittees, I would agree, would have to be afforded
the same protection.
Mayor Suarez: How much are we now deriving on a yearly basis from all of
them?
Mr. Odio: Approximately $300,000 a year.
Mayor Suarez: From all of them?
Mr. Odio: From all of them.
Mayor Suarez: And if we go from roughly, it would be a ten to one reduction,
so we would lose...
Mr. Odio: You would lose about... you will go down to about $100,000, I think
somewhere in there.
Mayor Suarez: Mathematically that doesn't make sense, but, go down to about
30 it sounds like. Dr. Prieto over there is going like this, meaning yes;
he's our top physics and mathematics guy around here.
Mr. Odio: Yeah, we lose close to $200,000
Mayor Suarez: More like 270 it sounds like. Now, if we don't do that, are
they not inclined to challenge that in any event? And say that we have to go
by the State criterion on $500 per linear mile?
Mrs. Dougherty: It is MCI's position that, under current case taw, you would
have to... anything more than that which you could prove under that State law,
would be impermissible.
Mayor Suarez: OK. What about the inducements, what inducements are you
looking for?
155 January 9, 1992
Mrs. Dougherty: We are asking also for the infrastructure improvements to be
paid up to $500,000.
Mayor Suarez: And those are like connections between what and what? I take
it that some of them could be overhead, right, on the MetroraiI, Metromover
system?
Mrs. Dougherty: All of them are underground is my understanding. They could
be both.
Mayor Suarez: And those can be used by other companies also? They're not
exclusive because they would be fairly large conduits, presumably?
Mrs. Dougherty: Yes, that's true and it's an infrastructure that you're
making for the City of Miami for its future.
Mayor Suarez: We can consider it like we do highways and we do other
transportation connectors as an infrastructure for telecommunications to be
used by any and all applicants up to a certain number. Do you have any idea
how many might be able to use a similar line on the same conduit or the same
trunk? And it's half a million dollars is the inducement that is being
proposed by the business community, the Beacon Council, Downtown Development
Authority, etcetera?
Mrs. Dougherty: Yes. I'd like now to introduce John Anderson who will tell
you why he thinks this is a very wise public investment for you to make.
Mayor Suarez: Yeah, and it might have implications for other similar
projects, John. You might want to tell us about those in the downtown area,
if we are wired in this way, is what I understood when they made a
presentation to me and I presume to the rest of the Commission.
Mr. John Anderson: Mayor Suarez, members of the City of Miami Commission.
For the record, my name is John Anderson, I am President of the Beacon
Council, which is a, I think as most of you know, Miami -based, not for profit,
economic development corporation. I'm here today speaking on behalf of not
only the Beacon Council but seven other community -based organizations that
have, over the last several months come together, in a task force, a coalition
to work with MCI and support their attempts to locate a facility in Miami.
You've been briefed by Lucia on some of the specifics of the project details,
so I'll not reiterate those or go into them. I would like to talk about some
of the indirect economic and non -economic benefits that we think would accrue
to Miami if this project were to go forward. I would like to say, Your Honor
and members of the Commission, that, as you know, I'm relatively new, in fact
I'm very new, to South Florida and Miami and any time I speak publicly I
speak, I think, with a great deal of modesty and caution in terms of what
we're trying to do. I also have, prior to this, spent a good many years in
public service and I have a great deal of sensitivity to the position that all
of you are in and your staffers in terms of representing the public interest
in this type of a situation. I think I probably understand as well as anyone
in this room the kinds of pressures that are on you in meeting your
stewardship. I would like to say that I believe and we believe...
156 January 9, 1992
Mayor Suarez: That's been enhanced by about five hours of watching our
proceedings today, which I'm sure have been educational on that point, right?
What does Plummer always say? Edifying, I guess, on that point.
Mr. Anderson: I'm learning, sir. We do believe...
Mayor Suarez: And horrifying, too.
Mr. Anderson: We do believe, in all sincerity and honesty, that if you are
able to commit to support of their proposal and commit Miami to be a
participant in this project, that it really would be very consistent with your
objectives of good government in this area. There is a great deal of direct
and indirect benefit, both economically and socially, that I think would be
achieved. I would say that in terms of the direct benefits, for those who may
not have to deal with projects very often, in fact this project is quite large
in its dimensions and magnitude. The number of jobs, the projected payrolls,
and all of the other dollar spinoffs is really very, very significant,
regardless of the amount of proposed public participation in it. In terms of
the indirect benefits, there are additional jobs that would be created. I am
usually uncomfortable in dealing with multipliers, but I think even if you use
a very conservative multiplier, this project placed in a downtown location is
going to generate probably, at their initial scale, another 30 to 50 jobs and
up to 250.
Mayor Suarez: The best guys at doing the multiplier in this community, you'll
find out the more you hear, is the Orange Bowl Committee. When they come up
with the impact of the Orange Bowl and its attendant festivities of a hundred
million dollars. They're very optimistic about their multiplier, maybe it's
true, may it isn't.
Mr. Anderson: Well, I just would really urge that even using an extremely
conservative multiplier, that given the location of the project in a downtown
place and the spinoff in terms of retail jobs and purchasing and so forth, it
would help enhance the vibrancy of the City itself. There is another factor I
think is significant, both in terms of economics and perception. We have, in
this City, as you know, an unusually high vacancy rate in office buildings and
commercial space. This project would begin to absorb some of that excess
capacity.
Mayor Suarez: How many square feet would it take up right off the bat?
Mr. Anderson: Thirty thousand at the initial stages of the project this
summer and up to 100,000 square feet in their programmed three to five year
buildout. Another benefit would be true diversification. Telecommunications
has been mentioned here, but the fact of the matter is that this would
substantially help build the infrastructure of telecommunications, not only in
Miami but for this region.
Mayor Suarez: Let's see if we can get everybody to focus a little bit on the
presentation or if not, maybe...
Unidentified speaker: We've heard it.
Mayor Suarez: Do what? You've heard it? Let me say this, too, about you...
157 January 9, 1992
Commissioner Plummer: Excuse me, Mr. Mayor.
it
Mayor Suarez: Yeah.
Commissioner Plumper: '
Just for the record, I
I've heard your spiel already in
my office. I do not need a duplication, so I didn't feel I was being
discourteous.
Mayor Suarez: And you know the nice thing about what you've done, you started
off by doing a very personal, very humble exposition here is that you have
this Team Miami approach, you came into the City and right off the bat you
began to highlight the name of our particular municipality, you've included us
in almost everything you've done. Let me suggest to you that since you're
probably used to functioning in cities that have strong mayor forms of
government, when you involve the City, that there are many members of this
Commission that have special involvement in agencies that are related to this
and that's why my memorandum to my fellow Commissioners included that, but
don't hesitate to involve the Vice -Mayor, members of the Commission who head
authorities that deal with these issues. That also will help, because
sometimes I just can't attend all of the meetings, although I appreciate and I
have informed my colleagues that you have involved us from day one in every
one of your major projects, not to mention the fact that your team bears the
name of our City which we particularly like because we think it's the most
attractive of all the cities in terms of economic development and we think
you're barking up the right tree there. Commissioners, I think we generally
know the implications of this. I do want to ask the Manager and the Community
Development folks if tax increment financing for the reasons stated or implied
by Commissioner Dawkins or otherwise were not the right kind of funds to apply
here, can economic development monies from our CDBG (Community Development
Block Grant) grants, are those envisioned by the federal norms to be used for
this kind incentive, an inducement?
_
Mr. Odio: Yes, you can apply CDBG funds for economic development for this,
yes.
Commissioner Dawkins: Now much would be left for the rest of the City of
Miami for economic development?
Mr. Odio: We had, uh, three million total...
Mayor Suarez: The total fundingon a yearly basis 9s what and how much then
a
if you take half a million dollars?
Mr. Frank Castaneda:: The City of Miami receives $13 million a year...
Mayor Suarez: Thirteen million a year of which 85% is economic development?
Mr. Castaneda: No, we use monies...the money is divided between housing,
economic development and obviously public services.
Mayor Suarez: Social services, not public services.
158 January 9, 1992
Commissioner Dawkins: How much do you use for economic development of the $13
million?
Mayor Suarez: Typical year, how much have we used for economic development?
Mr. Castaneda: About $3 million.
Commissioner Dawkins: Huh?
Mr. Castaneda: About $3 million.
Commissioner Dawkins: OK, and of the $3 million how much do you give to Miami
Capital?
Mr. Castaneda: Last year we gave a million dollars to Miami Capital.
Commissioner Dawkins: A million dollars. So that leaves how much in the
kitty?
Mr. Castaneda: Two million, I wish.
Commissioner Dawkins: And so now you're going to give them how much?
Mr. Odio: I do not have a figure.
Commissioner Dawkins: Five million, is that what they want?
Vice Mayor Alonso: No.
Mr. Castaneda: The proposal was five hundred thousand.
Commissioner Dawkins: So, now that's a million and a half gone. What other
projects that we've promised ahead that we were going to do that we told the
people if you come back next year, well fund you?
Mr. Castaneda: Commissioners, obviously there are a lot of demands out there
and so forth.
Commissioner Dawkins: Mr. Castaneda, I've been here with you dealing with
community development funds for eleven years. I am aware of the number of
people who come, I'm aware of the number of people who we turn down, I'm aware
of the number of people who we make promises to. That's why I want you now to
state on the .record what's left because we sat here and made promises to
people that if, you come next year, we will give you money out of community
development funds.
Mr. Castaneda: Every year, and for that matter I had the CD (Community
Development) Advisory Board meeting yesterday. We have more requests than the
amount .of money that we have. The issue becomes a higher priority for the
City than the other projects.
Commissioner Dawkins: By the Commissioners. OK, thank you.
159 January 9, 1992
l
Mayor Suarez: Now the request would be a nonrecurring one, I gather, right?
Similar to some of the ones we had last year in relation to Miami Dade
Community College and the Housing Authority. Although I guess in the case of
the Housing Authority, we took it from that allocation that we consider to be
housing. Mr. City Attorney, as to the issue of the dispute over the amount to
charge per linear foot, etcetera, do you have any indications from the
legislature that anyone considers their interpretation of the legislative
intent of the State ordinance, the State Statute to be what they understand it
to mean and that if in the state legislative session that is beginning in the
next couple of months that the legislature might make some clarifications on
that? Because that's been thrown out in my conversations. I want to make
sure that that's not just something that I...
Mr. Jones: Mr. Mayor, I'm not aware of anything in that regard in terms of
any clarification being made. I think the statute is really clear on its
face, but I'm not aware of any movement afoot to make a clarification of that.
Mayor Suarez: All right, maybe it was their very company that suggested that.
Anything further, John? And any Commissioners? I know that we have one
opponent that we're going to give some time to. One individual that wants to
be heard on it.
Mr. Anderson: If I may, Yoirr Honor, I do appreciate the opportunity to have
some time before you. I have observed it's been a long day for you. I would
like to try put some perspective on this. I think many of you are aware of
the numbers, perhaps not all of you are. In calendar 1991, it appears that
the Greater Miami area lost 35,000 jobs in a twelve month period. To give
some perspective on that, that is three and a half percent of our labor force,
i
a loss in twelve months. During the period of the 1980's, the Greater Miami
j
area grew no less than one and a half percent per year in job growth, net jobs
gained and as high as two and a half, all the way through the 1801s. We now
_!
have in one twelve month period and a three and a half percent loss which
t;
might be interpreted to, essentially going back, two plus years in terms of
where this economy was in job output, regardless of whether it was affecting
_
the minorities of our community or otherwise. In my opinion and experience, a
-'
35,000 person job loss would be a significant problem for an entire U.S.
state. It is that big, it's that significant. Conversely, if somehow, we had
_
a strategy or the capacity to recover that, to create 35,000 jobs in one year
would be a performance that would be front page headline Wall Street Journal
y;
because there are very few states in this country that have been able to have
—,.
that kind of a job performance, even with aggressive development programs.
So, the truth of the matter is, this economy was badly damaged, severely
I!
damaged and I would like it medically to a patient that is hemorrhaging right
now. This project is not speculative. There's nothing blue sky or
speculative about it. If you are able, in good faith, to find a way to
!'
resolve whatever the difference might be in terms of the fee issue,
_
historically, it appears to us all other issues, it's exactly what we say we
want for this community. It's high technology, it's telecommunications, it's
—�;
good paying jobs, it's a commitment from a world known corporation, the second
largest telecommunications company in the world. They want to be a part of
this community and help us go forward with our agenda.
Commissioner Plummer: John, there is only one problem. There is a thing in
there that is very speculative and I brought... hello, can you hear me? There
160 January 9, 1992
is one area that is speculative and that is the carrot of 1,000 jobs. And
4; when I tried to pin down, and I can understand to a certain degree, they
I
cannot and will not guarantee that anywhere along the line there will be 1,000
jobs. They're not guaranteeing 300. They're saying what they need is 300 and
we hope that they will increase but the speculative part on their part of
their proposal is potentially, possibly a thousand jobs.
Mr. Anderson: Sir, 1f I may. I've thought a lot about that in the last few
days...
Commissioner Plummer: Well, I felt even more as I brought out 1n our meeting
with you. I don't mind telling the public that I'm parochial, I'm selfish.
This money's coming from the City of Miami and I want the people that are
providing the money to be the first opportunity for those jobs, 1f they're
qualified 1 understand. But also, as you know I demanded of you, that you
were going to institute a training program that the City of Miami residents
would have first shot at that training program and the first shot to be hired
if they became qualified. And that's not to you, it was to MCI.
Mayor Suarez: In fact have they been shown, Counselor or John, a first source
agreement of the ones that we sign with people that we get involved with?
Mrs. Dougherty: To show you that this is not speculative, we have actually
signed the agreement already and it's in your City Attorney's hand and he
wouldn't let this ordinance go that says that we abide by your first source
ordinance and we will hire qualified City of Miami residents first. We have
already set up an organization with Tools for Change, CAMACOL, the Dislocated
Employee Center, and the City of Miami to start the process of bringing them
in and also training them. We have set up an agreement with Miami Dade
Community College for training City of Miami residents to be the first
priority of the persons we hire for this facility. And that's in your
agreement.
1 Mayor Suarez: Of course, none of those entities again are being asked to
contribute. They're all being asked to participate and it would be crazy for
them not to. But there is, John, there is a lingering question here and
�. Commissioner Dawkins has enunciated a little bit. Let me ... if the company is
1 so large, if the company is presumably so liquid and so powerful, why are we,
as a community, in the position of having to subsidize when already they're
receiving State funds, by their own exposition here, to subsidize their entry
into our community? In other words, have you surveyed the whole competitive
situation nationally and our City's now at the point ... I've had one debate on
this on national and financial news network, I remember with economic
development people from New York and Boston. It was not an easy debate
because Miami, at the time, did not have the 35,000 job loss that we endured
last year. We were rather at a high point so I was saying Miami doesn't,
other than a very favorable tax structure - I don't mean the City of Miami
there, I mean the State of Florida etcetera - and other than the blessings of
sand and sea and weather and everything else and just the great infrastructure
that we otherwise have, we don't typically have to like kind of bribe major
companies to come into our community. Are we at a point now, to be
competitive, you think we have to do this? Because if I asked them, they would
say well you know we could go anywhere I suppose, but, uh...
161 January 9, 1992
Mr. Anderson: Your Honor, I can't and
company on that and they may wish to.
from an economic development perspective.
shouldn't speak specifically for the
If you'd like I'll comment generally
Mayor Suarez: Yeah, because they're basically a profit making entity, they've
got great resources, they've received a State grant, and they are fulfilling a
social function with the hearing impaired but they probably have all kinds of
federal laws that require that anyhow, a certain component of that for
disabled employees and so we're...of course the CDGB funds are not the ones
that trouble me. I think those are meant to be used precisely for this kind
of thing and this is infrastructure, this is not something that's going to be
exclusively for their use. But the agreement on the existing claim that we
have on an ordinance that we think is valid to charge, that's going to have a
consequence of two hundred and some thousand dollars, is that going into our
general revenues right now? That goes right into the franchise fees? Those
easement fees, for lack of a better term? Right into our general fund.
Mr. Anderson: Well, I don't think I serve, at least on behalf of the seven
organizations in this task force, I don't think I provide any service to you
as elected officials or to MCI to comment on the fee issue, historically.
Other than all of us sincerely hope that the parties, in good faith, can find
some resolution that works for both sides. I think, in terms of the issue
apart from that of additional taxpayer funds being provided to encourage or
help a private business do something in a community, I've been at this twenty
years, I've probably done or been involved in 200 projects and I'm not sure
I've ever seen one where there didn't have to be some degree of public
participation and it frequently is in terms of purchasing into some form of
infrastructure that will allow the project to go forward but also will have
utility to other users at a later point in time. It seems to be rational to
say there's a bit of some shared risk and shared investment.
Mayor Suarez: I forgot now when I asked you that question before where we
ended up and it was a very useful answer. I asked him if any other cities
and/or counties were trying to charge the higher fee that we feel we can, yeah
I think I was told one of them didn't have any impact on me whatsoever,
they're not really competitive with us, the other one did, it was Orlando.
What is Orlando thinking about that fee? Have you ... uh, it concerns me that
Orlando as aggressive as they are, of course they would probably be the first
to adjust if they could get a major corporate presence like this. Yes,
Commissioner Dawkins.
Commissioner Dawkins: Daytona and Jacksonville also have the higher fee.
Mrs. Dougherty: No.
Mayor Suarez: Daytona does.
Mrs. Dougherty: Daytona only.
Commissioner Dawkins: I beg your pardon?
Mayor Suarez: Daytona has it..
Commissioner Dawkins: OK.
162 January 9, 1992
Mayor Suarez: Daytona and Orlando I know in a blink would make an adjustment
;E to bring in a major employer like this because I know Mayor Frederick and he's
about as aggressive as they come. Pretty soon he's going to take over our
airport the way he's expanding.
Mr. Anderson: If I may, in terms of... one thing that is clear to me. If you
look at the total proposed taxpayer dollars, regardless of the source they
come out of, that the total amount of taxpayer dollars proposed in this
package to allow it to go forward, in comparison to the projected employment,
payrolls, and so forth, I believe quite confidently if you were to compare
this nationally with other types of investments across this country over a
good many years, you would find that this is a remarkably, remarkably good buy
in terms of the taxpayer dollar. The issue of guarantees, the only place,
Commissioner Plummer, where I have ever felt guarantees could work is when you
were looking forward and literally going to loan money, public money, to some
sort of a development incrementally and where you could sort of stage the
release of the money and you can say before you get your next installment, you
have to have satisfied these conditions. And, you know, they might be
conditions that you need to have hired X people.
Commissioner Plummer: That might be a good idea. We'll pay the $500,000 out
over five years.
Mr. Anderson: Well, all I'm saying is that outside of some limited ways of
doing it like that, the difficulty is, in intellectual honesty, no one can
guarantee what's going to happen in the future. My experience is you just
' have to look people in the eye and try to determine are these people being
} intellectually honest with you. Do they understand your needs? Are they
going to work with you in the future and if they do, you essentially enter
Into a partnership. But they can't guarantee future outcomes.
Commissioner Plummer: John, let me ask you...let me expound on the Mayor.
Not MCI; I'm speaking generally now, as you said before. I guess the thing
that concerns the Mayor and concerns me, for all practical purposes, we're
paying $500,000 to entice this company to come here. Is that going to be in
the future stifling for other companies to come here because there's not many
times that we could do that. In other words, we don't have that amount of
funds that if we wanted to continue to try to bring major corporations, or
bring business, period, is it not reasonable that those businesses are going
to say well I want the City to give me X number of dollars and then I'll
locate in the City. As the head of the department has said, we've got a total
of $3 million on an annual basis of which a million goes to Miami Capital and
we have others. I guess the question I'm asking, do you feel with limited
resources of the City of Miami, that we are setting a precedent of stifling
ourselves of incentives such as dollars to bring more business into the
community?
Mr. Anderson: There's no question, sir, that this would establish some sort
of precedent. But what I will say to you is...
Commissioner Plummer: No, sir, you're wrong because there is a precedent set
here as I told you the other day. The precedent with this City was Omni and
the City of Miami spent a great deal of money in behalf of Omni to get them to
163 January 9, 1992
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AIM
`}
establish that where they did. So the precedent has been set before you, sir.
Before MCI.
Mr. Anderson: All I'm saying is this, to some degree, sets a precedent of
some sort. And I don't think there's any question that the next opportunity
we have to look at a major employment generator, this would be brought to your
attention and ours and I think all we can do is take it on a case -by -case
basis. My own judgment would be the return on investment, proposed
investment, is remarkably high. Another way to look at it is what is the
social cost to this community of providing mitigation and assistance to the
2500 300 or 1,000 people who otherwise might not be offered employment. I'm
inclined to think the cost benefit ratio of this is remarkably favorable to
this community. The other thing that I think is important is that we are
hemorraghing as an economy right now and I would challenge anyone to debate
with me on that. What I believe we have is an opportunity for this community
to use this project and, if you will, use MCI to be a signature project by a
world -known and respected corporation to be the first in the recovery and the
turnaround program for Miami. It would allow us, among other things, to go
right back out into the marketplace and remind other prospective investors
that a wise corporation has committed to Miami. It is difficult to put a
dollar value on that but it's clearly there. This would set... I mean we are
suffering in a national image as you know. This is exactly the sort of thing
that would help turn that around, a major commitment by a known company into
this community.
Commissioner Plummer: So what you're saying is a ten to one ratio, the
$500,000 we put out generates five million in salaries per year, it's a ten to
one ratio. You feel that that is good.
Mr. Anderson: I think it's very good, sir.
Commissioner Plummer: When can we, Mr. Mayor, get to the real guts of this
matter?
Mayor Suarez: OK, what do you consider that to be? Because I know
Commissioner De Yurre is also indicating he has ten or such number of
questions and we ought to get to whatever everybody thinks is the real gist.
I've certainly asked a few questions, so I'm...
Mr. Anderson: I appreciate the opportunity to speak here.
4
Commissioner Plummer: Is there a possibility... this is MCI, Lucia, if you're
—' talking for them. Is it possible to work with the City that it could be a
five year payout, $100,000 a year?
Mrs. Dougherty:- First of all, we aren't asking for $500,000 up front. We're
asking for you to reimburse us for the infrastructure costs for laying the
cable. So I don't know that it will be done over... I think it probably will
be done over a certain number of years anyway.
Commissioner Plummer: My concern is if we could lay out $100,000 a year for
five years, it would be much more acceptable to me for City finances to do it
that way.
164 January 9, 1992
ri
ra
_11 Mrs. Dougherty: Remember, you already required us to put in our contract that
we have to repay you a proportionate amount of money if do not locate there.
'
Commissioner Plummer. • And over, that's if in fact the ordinance is changed.
;t Go back to State Statutes rather than our grandfather statutes.
Mrs. Dougherty: Yes, but in addition to that, the $500,000 that you'll be
giving us, we have to give you back the proportionate amount of money that we
don't spend over that five year period.
Commissioner Plummer: But I'm saying is a payout rather than all of it up
front. Can we pay it out on time rather than all in a bulk fee?
Mrs. Dougherty: Remember, when, well I have to ask them to respond to that,
but remember, we're not asking for it all at once. We're only asking for it
to be reimbursed.
Commissioner Plummer: Whatever the payout is, can it be out over a
proportionate amount of time?
Mrs. Dougherty: He is indicating that he doesn't have a problem with that, to
pay it out $100,000 a year so long as the rebate portion is also adjusted.
Commissioner Plummer: Likewise.
Mrs. Dougherty: That's acceptable.
Commissioner Plummer: Second of all, this contract which they have for five
years, three, one and one, correct? I'm assuming at the end of that fifth
year, that they will go back and try to get the contract again.
Mrs. Dougherty: Yes.
Commissioner Plummer: Do we have the assurances that if they get an
additional five years, they will still live up to this contract without
additional monies being paid? Do you follow what I'm saying? In other words,
if you're granted an additional five years, will you still keep it in the City
of Miami, will you still hire City people first?
Mr. Wilks: Commissioner, the only area that I'm uncomfortable with there is
that it's contingent upon the State's requirements for that contract, so,
although I guess on a surface level, I don't have a fundamental problem with
adding that as a part of the agreement. I think we have to be careful that
it's contingent upon the conditions of any subsequent State's...
Commissioner Plummer: Not in conflict with State Statutes or requirements.
That's fair.
Mr. Wilks: ...or State requirements and I'm going to have to also look at
that kind of off line for a second, but I don't think fundamentally we have a
problem with that.
Commissioner Plummer: My final question. What do you call this office? Is
it called a switching office?
165 January 9, 1992
Mr. Wilks: No, it's going to be called the Florida Relay Center.
Commissioner Plummer: OK, the Florida Relay Center. Can I have written into
this agreement that you will not open another relay center in the State of
Florida? In other words, you're going to be operating this relay center ... if
you open four or five around the State, that could dilute my possibility of it
reaching that 1,000 people goal. What I'm saying is the relay center only
Downtown Miami or in the City of Miami with the City of Miami people having
first shot.
Mr. Wilks: Mr. Commissioner, let me explain the relay center first of all.
The original 250 to 300 employees that we've targeted and agreed to in our
agreement here are specifically for the relay service in the State of Florida
with also an agreement with the State of Florida, we will provide a national
center co -resident with our state center. So we've essentially committed to
the State that they'll be co -resident. Understanding you question is that I
won't split that up and put that into other centers.
Commissioner Plummer: You can have another national center anywhere you want
it and I'm sure you will. I'm saying that you will not open other relay
centers in the State of Florida. That this will be your sole relay center.
Mr. Wilks: Even if... I can't restrict my ability to...Give us one second.
Commissioner Plummer: Sure.
Mr. Wilks: Commissioner, by the State RFP (request for proposal), by our
award contract with the State, we are required that it only be one center, so
you know, I...
Commissioner Plummer: Then is the answer to my question you will not open
another one?
Mr. Wilks: Yes.
Commissioner Plummer: Thank you.
Mayor Suarez: This is the section of the presentation devoted to the
questions of Commissioner De Yurre. It doesn't guarantee anything. It just,
uh...
Commissioner De Yurre: First of all, I got it broken down into clusters of
questions. The first section that I want to deal with is with our legal
department and I want to know the legal status of the money that is due and
owing us on the fees. Who owes it, as far as we're concerned, and how much is
owed by whom?
Mr. Jones: OK, to the best of my information, Commissioner, it is
approximately three hundred eighty some odd thousand dollars which goes back
to permit -fees to 1989. Correct me if I'm wrong, Mr. Manager. In terms of
any: imminent litigation, apparently again under my predecessor, the decision
had been made, apparently with direction from this Commission, to go forth
with litigation. For whatever reason, that was held in abeyance. I was
contacted by the Manager upon MCI's, or should I say the City's enticement of
166 January 9, 1992
■
attempting to get MCI here, to forego any particular litigation. At this
point in time, there is nothing pending in court in terms of trying to collect
these fees and of course I was asked by the Administration to forego that at
this point in time.
Commissioner De Yurre: Of those three eighty, approximately how much does
Western Union owe, how much does MCI owe?
Mr. Jones: My understanding that the majority of that sum is owed by Western
Union, which is a subsidiary that was acquired by MCI in 1990, 1989 and of
course that has been at the root of the dispute because MCI maintains that it
acquired not all of Western Union's assets but only some of them so that has
been a point in dispute as to whether MCI in fact...
Commissioner De Yurre: OK, now this money that Western Union has owed, is
that prior to 1989?
Mr. Jones: Yes, it is.
Commissioner De Yurre: And we have no idea how much it is?
Mr. Jones: Eighty-five thousand, I'm informed.
Commissioner De Yurre: Western Union owes $85,000.
Mr. Jones: Is that correct?
Vice Mayor Alonso: How much?
Mr. Jones: Is that per year?
Commissioner Plummer: Is that per year or total?
Vice Mayor Alonso: How much?
Mr. Odio: Eighty-five thousand.
Vice Mayor Alonso: Total.
Commissioner De Yurre: So approximately $300,000 is owed by MCI?
Mrs. -Dougherty: No, it's $200,000.
Commissioner De Yurre: What is it, three eighty?
Mr. Manuel Gonzalez-Goenaga: Two hundred -ninety-five.
Mrs. Dougherty: It was two hundred and ninety-five all together of which
eight five was Western Union's obligation.
Commissioner De Yurre: Hold it, hold it, Lucia. Is it three eighty what is
owed, total?
Mr.'Jones: I'm informed that the total was three hundred eighty something.
167 January 9, 1992
Mr. Odio: Two ninety five is MCI, and the balance is Western Union, which is
$90,000.
Mr. Jones: Which comes to a total of...
Mr. Odio: A total of three eighty-five.
Mr. Jones: Three hundred eighty-five thousand.
Commissioner De Yurre: OK three eighty-five. So even if the Western Union
amount is in dispute, that MCI says it did not assume that responsibility or
that liability, 'there is still about three hundred thousand that they have,
according to our records, been responsible for since they took over and they
just haven't paid a penny. Is that correct?
Mr. Jones: That's correct.
Commissioner De Yurre: OK. What do you deem our legal chances of collecting
on these monies?
Mr. Jones: Well, let me put it to you this way, Commissioner. MCI has
maintained all along that the charges or the fee schedule embraced within our
telecommunications ordinance is unconstitutional. Of course our position has
been that because our ordinance was grandfathered in, we have been and we are
able to charge more than what the State Statute allows. In terms of any
recovery, should you not approve what's here today and we have to continue
this dispute within a court of competent jurisdiction, we feel confident,
meaning the office of the City Attorney, that we have a very defensible
position and the chances of our prevailing would be good.
Commissioner De Yurre: Are there any cases throughout the State on this point
at all?
Mr. Jones: I'm not aware of any present litigation. No, I'm not.
Commissioner De Yurre: OK. Now, with respect to the statute, the State
Statute, now that reads that it's $2 or is $500...
Mr. Odio: It's $500 a mile.
Mr. Jones: $500 minimum.
Mr. Odio: Or whatever the actual cost is.
_ Commissioner De Yurre: Minimum, or whatever it costs the City to provide that
service, to maintain that service.
Mr. Odio: That's correct.
Commissioner De Yurre: It is my understanding from speaking with Public Works
just now and you, the City Manager, that our cost is approximately, and that
it can be documented, $3.20 a linear foot. Which is way more than even the $2
that are in dispute at this point in time. And one of the things that I want
to establish here for the record is if we're going to abide by State Statute,
168 January 9, 1992
. no matter what our agreement is if that's going to be part of the agreement,
it may be you end up paying more without realizing what you're getting into.
' Mrs. Dougherty: We have agreed by this contract to abide by State law and we
understand that you can increase those fees if you have a public hearing and
can prove the cost of service is higher than the $500 a linear mile. We
understand that.
Mayor Suarez: The standard there, if I may interrupt Commissioner, is not
just whether we have a rational basis for our fee structure but what the cost
actually is? The cost of our easement?
Mrs. Dougherty: The cost of, not only the easement, but...
Mayor Suarez: I mean of making the easement available? Who dreamt up that
legislation, that little gem?
Mrs. Dougherty: Your State legislature.
Mayor Suarez: It doesn't cost us anything really, but don't quote me on that.
Commissioner De Yurre: Well, it costs us three twenty.
Mayor Suarez: Or three twenty, depending on whose opinion you accept. All
right, sorry Commissioner. I think I'm undermining your position here.
Commissioner De Yurre: That's all right. It only takes one vote to kill this
so it don't matter.
Mr. Odio: I think we need to clarify what the work we're talking about is.
You know, every time they ... they have to tear up the streets, we have to come
behind them and overlay over that and then every three years it needs overlay
again...because you never have...so it's a lot of work.
Mayor Suarez: If it's under the street.
Mr. Odio: It's not just simply that we allow them to put down the cable.
Mayor Suarez: Well, that part is paid by you unless you manage to use other
funds that were given you as an inducement.
Mr. Odio: But the overlaying has to be done by the City.
Commissioner De Yurre: Which we have been doing anyway. We've been losing
money, theoretically.
Mayor Suarez: Is that the three twenty per linear foot that you were
referring to?
Commissioner De Yurre: Yeah, that's a maintenance.
Mayor Suarez:, Oh, I see what you're saying because they could also do it over
head or by some other means, Metro lines.
169 January 9, 1992
t
jeUA
Commissioner De Yurre: One of the things that we need to address also is...
- ` because I think that we can give the five hundred thousand if it comes to
_ { that. Not all the things we can give as inducement, but I fail to see why we
i have to give up on what we deem is owed to us in order to get them in here. I
have a problem with that. And one of the things I think is important is
determining where we're going to be because if we come to an understanding _
here and all of a sudden they don't agree with the three twenty, what's going
to happen then? Are they going to keep from paying us again, withhold monies
and we eventually have to end up in court?
Mrs. Dougherty: Well, I think you, first of all, I think you should refer
this to the City Attorney because I don't believe that you can, under that
State law, charge more than $2. I mean, that is... I mean, you're
grandfathered for the $2. You're right, you're right. If you can prove it's
higher, then you can charge more than that. You're right.
Commissioner De Yurre: And we're in agreement that if that is done, they're
willing to pay higher?
{ Mrs. Dougherty: Yes.
i
-� Commissioner De Yurre: Now, what about the money that is due and owing? If
we can prove that it's more, that it's three twenty...
Mrs. Dougherty: The contract reads at the present time that on the due and
owing portion, we will pay the State contract amount based on the $500, not
more on the retroactive portion, but the State Statute amount.
Commissioner De Yurre: OK, now, are you willing to pay on what is due and
owing?
Mrs. Dougherty: The answer is no, because we don't know what that fee is, we
( just don't know.
{ Commissioner De Yurre: Once it's established?
{
Mrs. Dougherty: Are you willing to, he's asking, are you willing to pay what
they can prove on the retroactive portion? The answer is no.
Commissioner De Yurre: Not even the $2?
Mrs. Dougherty: No.
Commissioner De Yurre: That's a problem.
Mrs. Dougherty: That is a very important point from our standpoint.
Commissioner De Yurre: From mine, too. Very important, from my standpoint.
See, because one thing really has nothing to do with the other. What is owed
- is owed and we can come to some understanding then.
_ Mrs. Dougherty: That has always been the, from a public, from a policy
standpoint in the industry and for MCI, they have always said that this fee is
impermissible and they can't turn around now and say that it's correct. And
that's just the policy of the company. They cannot do it at this time.
170 January 9, 1992
Commissioner De Yurre: Well then it's one policy versus another policy.
Which one's going to give? If none give, then we've got nothing. So somebody
better give something or both better give something. If there's going to be a
policy that can't be deviated from over there I know one that can't be
deviated from here also.
Mrs. Dougherty: Well, you might, we may want to think of some other
methodology because that one is simply not something that we can give up on.
Commissioner De Yurre: Well, we can get real creative.
Mrs. Dougherty: OK.
Commissioner De Yurre: Real creative.
Mrs. Dougherty: We're willing to listen to your suggestions.
Commissioner De Yurre: OK, real creative and part of it can be if we agree to
give $500,000 over five years that we take a credit. That gets creative for
what is du- and owing. Because the thing is, legally, if we establish that
it's three twenty a square foot and we go to court to get our money back, are
we going to be asking for just the $2 or are we going to be asking for the
three twenty that can be established? So we may end up...
Mrs. Dougherty: We11, first of all, if you went to court, you could only be
going to court on the retroactive portion because $2 was the fee that was
established at that time. And you might be asking us to pay more than the fee
that was established at the time?
Commissioner De Yurre: No, we may agree...
Mrs. Dougherty: And that everybody else has paid?
Commissioner De Yurre: No, we may agree that, yes, we don't go by what we
-' were asking for and then you gotta go by the statute which is what you want.
So if we agree with you, we end up getting more money, maybe, theoretically
speaking.
Mrs. Dougherty: Well, except that and the retroactive portion only.
Commissioner De Yurre: So it may behoove you to agree to our fee
retroactively.
Mrs. Dougherty: Which fee are you talking about retroactively? I'm sorry.
Commissioner De Yurre: I'm talking about the retroactive fee.
Mrs. Dougherty: The retroactive fee, the existing $2 one.
Commissioner De Yurre: You say the reason you don't want to pay the $2 is you
say we should abide by State Statute, not by our ordinance. And if we were to
agree with you and we can establish this three twenty a linear foot, we're
going to get a lot more than the $2 that we have been asking for to begin
with. If we agree with you.
171 January 9, 1992
Mrs. Dougherty: Yes, but the methodology for doing so, frankly Commissioner,
is you having a public hearing and what if we don't agree on that, there's no
methodology for agreement?
Commissioner De Yurre: And I want to avoid that.
Mrs. Dougherty: We simply cannot, at this time...
Commissioner De Yurre: And that's what I want to avoid that, because I don't
want to agree to something here and then three, four, five months from now we
have to end up in court because you didn't agree with our methodology and
$3.20 was not enough and all of a sudden we're back in court and we gave up
our retroactive money.
Mrs. Dougherty: The State Statute details the criteria for determining how
you come to that fee. One of the indicia is the cost of the land itself.
Another one is how much it cost you to regulate. Now, from what we've heard
today, one of the reasons is that you have to tear up the street and the City
has to actually replace the street. The truth of the matter is there is
existing conduit that we would be going into. So very little street
maintenance is going to be involved in this, from a cost standpoint.
Commissioner De Yurre: OK, so then you're saying, based on your numbers,
there shouldn't be a problem that we can apply whatever the amount turns out
to be retroactively and proactively.
Mrs. Dougherty: No, we're not saying that. We're saying that on a proactive,
prospective basis, we will agree to a fee that you can prove under the State
' law. We agree to that. Retroactively, we agree to abide by the State law
now.
Commissioner De Yurre: Which may be three twenty.
Mrs. Dougherty: Well, no we agreed to the $500 a linear mile now.
Commissioner De Yurre: Either you agree to State law or you don't. Are you
agreeing to State law, retroactively?
Mrs. Dougherty: We do not agree to pay more than $500 a linear mile,
retroactively.
Commissioner De Yurre: Are you agreeing to State law or not?
Mrs. Dougherty: Yes, but the State law has to be established pursuant to a
hearing, etcetera, which hasn't taken place yet.
Commissioner De Yurre: But when it does take place, it's retroactive.
Mrs. Dougherty: But then we don't know what this agreement says yet.
Commissioner De Yurre: We don't. That's exactly what I'm getting at.
172
January 9, 1992
Mayor Suarez: Well, what the Commissioner is proposing is that this is
just...it's a creative thing, I mean, that you would agree that the standard
would be the actual cost as determined by hearings that we would set up under
that and contemplated by State law and then apply it not only prospectively
but retroactively. I'm not saying that this is what this Commission will
agree to, but that's what he's proposing. It's an interesting approach.
Mrs. Dougherty: I understand and we agree to it prospectively...
Mayor Suarez: But not retroactively?
Mrs. Dougherty: ...we can't agree to it retroactively.
Mayor Suarez: OK, can I interject something here?
Commissioner De Yurre: Sure.
Mayor Suarez: We previously heard that if we retroactively modify, Mr.
Manager, the fees to adjust to this settlement and to induce them to come to
the Miami facility, etcetera, that that would affect automatically all of the
other fees that we're charging all of the other franchisees...
— Mr. Odio: Prospectively.
Vice Mayor Alonso: Yes.
Mayor Suarez:...licensees, whatever they're called. Now that I'm hearing what
the State standard is as enunciated and clarified by Commissioner De Yurre and
by counselor, I'm thinking that maybe in the case of some of the others, they
did in fact create those kinds of costs, we did in fact have all sorts of
supporting estimates to show that that was, that they have cost us a much
higher linear foot because Florida Power and Light has different kinds of
requirements among other things, Southern Bell, whoever they are...I mean
different kinds of ... Florida Power and Light is a whole different standard
altogether. But I mean all these things so similar and they we were all
placed so similarly in such similar conduits that they would all be affected
automatically by the fact that we agree with them that, maybe in their case,
we, uh...
Mr. Odio: I understand if we agree to track State law, which I have no
problem in doing, we will have to provide it to all of them according to
what...
Mayor Suarez: Well, Commissioner De Yurre is suggesting that we could say,
yes, State law applies to all of you, we have to show actual cost, now we're
going to have hearings and we're going to show that, in fact, in your case,
folks, it cost us a lot of money to allow you to have those easements.
Vice Mayor A1anso: It was higher than the price that we showed.
Mr. Jones: Only prospectively.
Mayor Suarez: Yeah, maybe even higher, certainly not less.
173 January 9, 1992
Mr. Odio: Can we do that?
Mr. Jones: Prospectively.
Commissioner Plummer: Let me ask you...
Mayor Suarez: No, retroactively.
Vice Mayor Alonso: Can we...
Commissioner Plummer: Mr. Manager, if we were to go...
Mr. Jones: You can't have a retroactive hearing.
Commissioner Plummer: If we were to go to the State Statute, what would be
• our annual loss from these other companies paying us presently on...
Mr. Odio: If you take MCI alone...
Commissioner Plummer: No, sir, not MCI. All others...
Mayor Suarez: ...all of them, we estimated that it would be from three
hundred to thirty some, roughly, ten percent.
Mr. Odio: It would go down to about $95,000 a year.
Mayor Suarez: I don't see why, but unless they're different.
Commissioner Plummer: From what to what?
Mr. Odio: It would go down from approximately...let's say round
figures...three hundred thousand down to a hundred thousand.
Commissioner Plummer: So then what you're saying is we would be losing,
forget about MCI, we would be losing approximately $200,000 a year.
Mr. Odio: If we use the $500 a mile.
Commissioner Plummer: If we use the State Statute.
Mr. Odio: If we use the $500 a mile; however, if we can prove that our cost
is higher and make a case out of it, document it, we could charge more.
Commissioner Plummer: Is that permissive under the State Statute?
Mr. Odio: It is.
Mr. Jones: Yes, it is.
Mr. Odio: So the minimum is the $500 a mile. I have no problem in going to
the State law.
Mrs. Dougherty: You know, you may want to consider this as well. If your
fees are lower than the $2 a mile ... because from our company's standpoint,
174 January 9, 1992
t
they won't come to Miami and lay the kinds of infrastructure that you may want
at that kind of fee. Maybe you'll have more infrastructure being put into the
City of Miami by not only us, but other kinds of carriers which would bring up
the cost and bring up the fees that you would be getting even if it was on a
lower rate.
Commissioner De Yurre: Maybe it's time to think that $2 ain't too bad.
Mayor Suarez: I wish that you would take, by the way - again, if I may
interject - that thinking and apply that to Mr. Clark Cook, he's gone, from
the Off Street Parking Authority. And I'll try and explain to him about
the... what he charges for people parking at the Arena. I said, sometimes if
you charge less, you get more revenue. Somehow that doesn't filter into his
head. Well, I shouldn't blame him, but never the authority. Because more
people then begin to use it and that's what you're suggesting here.
Commissioner De Yurre: I've got two more points I want to cover.
Mayor Suarez: OK, Commissioner, and then we've got to move on, folks.
Commissioner De Yurre: One is, which may alleviate this impasse that we may
be headed to, and that is the grant that we're talking about. What is this
money going to be used for specifically? Do we know?
Mr. Odio: The infrastructure to set up the relay system. The actual physical
plan ... am I correct on that? Building...
Commissioner De Yurre: Which is?
Mrs. Dougherty: Yes, it's the actual fiber optic cable, the physical
infrastructure for this system.
Commissioner De Yurre: Are there any additional expenses that they will be
incurring that could be covered by the grant which have not been considered?
Maybe they're going to spend more than $500,000 in moving down here, then it's
money that would come under the grant.
Mr. Odio: I'm sorry, Commissioner, I did not listen, I mean I did not hear
you.
Commissioner De Yurre: Let's say that instead of the five hundred thousand
that we're discussing here as far as giving them, maybe they're going to spend
eight hundred thousand of items that legally we could give them the money to
I prepare for in coming into this area and then they might think that yes, well
since we're getting an extra three hundred thousand to do this kind of work
that we were going to pay out of our own pocket, then maybe we can pay back
the City the three hundred thousand that they deem owing.
Mr. Odio: Oh, I see what you mean. It's up to them.
Mrs. Dougherty: I'm not sure I understand, but we are actually, our capital
improvements for this facility is going to be eight million dollars
i ($8,000,000).
175 January 9, 1992
6
El
Commissioner De Yurre: OK, well then what I'm saying is not so impossible.
Mrs. Dougherty: So explain to me what...
Mayor Suarez: Is some of that money that gets paid to the City by way of
impact fees or other license fees or anything? I think that's what he's
getting at.
Commissioner De Yurre: What I'm saying is we'll give them the extra fee.
Mrs. Dougherty: Well...
Mayor Suarez: If your estimate is eight million for the capital cost, have
you built in some payments that get paid to the City, impact fees, let's see,
what else? Permits, licenses that we could argue are going to compensate for
the loss of the other revenue.
Mrs. Dougherty: Are you suggesting that instead of paying us five hundred
thousand or reimbursing us up to five hundred thousand, you'd reimburse us up
to eight hundred thousand and we would pay you back?
Mayor Suarez: No, that's what it's costing us. He's saying it's five hundred
subsidy and three hundred that we forego of the other franchise fees. And is
there any we that we can say that you are in fact paying the City that much in
a variety of fees and costs that you have to pay us for your capital
Improvements?
Commissioner De Yurre: Well, I'd like to get the three hundred back somehow.
Mayor Suarez: Yeah, to try to get the three hundred back somehow. The
capital cost you mentioned of eight million, is any of that in fees, licenses,
impact fees, etcetera, for the City?
Vice Mayor Alonso: It has to be, they must have some impact fees.
Mrs. Dougherty: Absolutely, sales taxes, occupational licenses, and all...
Mayor Suarez: No, no, sales taxes can't possibly be under your capital costs,
no way.
Mrs. Dougherty: Well, definitely occupational licenses, the actual brain, the
physical structure here.
Vice Mayor Alonso: It couldn't be that amount of money.
Mrs. Dougherty: Do you want to address that?
Mr. Wilks: To correct that, it's $1.8 million, she didn't hear the one point.
Mayor Suarez: She's real good at that. She'll take the point eight and make
it into 8.0 very quickly.
Mr. Wilks: It's 1.8 million in capital costs, which is primarily driven off
of hard capital costs and that's equipment, air conditioners, generators,
computers...
176
January 9, 1992
Mayor Suarez: So the permits and fees to the City would never be much more
than ten, fifteen, twenty, thirty thousand dollar type thing. It would never
approach three hundred?
Commissioner De Yurre: Just trying to get the three hundred into a general
fund.
Mayor Suarez: Somehow it worked that three hundred right back into our
general fund.
Commissioner De Yurre: Somehow, but, you know, that's an alternative and the
other thing is that if I were to agree to this kind of scenario, I need to
have an understanding that if we have the hearings, whatever amount is
determined there, that everybody abides by that. Now, you have a choice...
Mrs. Dougherty: The answer is we will abide by it so long as it complies with
the State law, absolutely.
Commissioner Dawkins: Even if it exceeds the $500 per mile?
Commissioner De Yurre: Of course, of course.
Mrs. Dougherty: Yes. We know that...
Commissioner Dawkins: OK, may I ask a question, Mr. De Yurre?
Commissioner De Yurre: Well, let me wrap up this point and then you can take
over.
Commissioner Dawkins: Go ahead, Mr. De Yurre.
Commissioner De Yurre: Now going back, because I'm not going to let go of
what is owed to us, you can have a choice. Either you pay us at $2 that we
have been wanting under our own ordinance or whatever is determined to be the
cost, whichever is more advantageous to you, but we do want our money. And
that is only fair.
Ms Dougherty: Please believe me. We understand your point.
Commissioner De Yurre: Good.
Mrs. Dougherty: But, that's something from a policy standpoint that our board
of directors will not permit us to do.
Commissioner De Yurre: Well, maybe it's time you go back to your board of
directors, because that's pretty much my position. And it's only fair. If it
weren't fair, I wouldn't push it. But when you start talking about policy,
then it's who's the biggest hard headed person here. We can be real hard
headed.
Mrs. Dougherty: It's not a matter of that. If we could think of some other
way of working this out, Mr. Commissioner...
177 January 9, 1992
Commissioner De Yurre: I've suggested ways.
Mrs. Dougherty: If you could repeat your other one because I sure didn't
understand it. About the three hundred thousand.
Commissioner De Yurre: Well, basically, what we got to do is come to an
understanding, you know ... your board of directors, where are they, in St.
Louis?
Mr. Wilks: In Washington, D.C.
Commissioner De Yurre: In Washington D.C. If they're business minded people
and they know what is fair and what is right, they should have no problem with
this. Now, if they try to make...walk away with a bonus of not only getting
something beneficial up front now for what you want to do, but also get an
extra three hundred thousand which was due and owing according to our records
and could be established, then I think you're getting too much, you know, a
little bit too much. That's just my position for my vote. Other than that,
I've got no problem with it. But we've got to work out a system that is fair
as far as what is owed the City.
Commissioner Dawkins: May I ask one question, Lucia?
Mrs. Dougherty: Yes, sir.
Commissioner Dawkins: At $2 per linear foot, comes out to how much per mile?
Mrs. Dougherty: I think about ten cents.
Commissioner Dawkins: Ma'am?
Mrs. Dougherty: A little bit less than ten cents a mile.
Commissioner Plummer: Ten cents a foot.
Mrs. Dougherty: A foot, excuse me. Five hundred dollars a linear mile comes
out a little bit less than ten cents...
Mayor Suarez: No, he's doing it the other way around. He's saying $2 per
linear foot per mile works out to be about $10,000. Right?
Mrs. Dougherty: A mile.
Mayor Suarez: Right.
Commissioner Dawkins: Ten thousand a mile?
Mayor Suarez: Right.
Commissioner Dawkins: So, now, you want to drop from ten thousand a mile to
five hundred dollars a mile?
Mayor Suarez: Right, under State law.
178 January 9, 1992
V!
*)I
Mrs. Dougherty: Or whatever you can prove, Mr. Commissioner.
Mayor Suarez: Or cost that we prove. It's a substantial reduction.
Mrs. Dougherty: Could we just, uh, Mr. Mayor?
Mayor Suarez: You're going to caucus? Why don't you caucus and we'll hear
from Manolo so that we can make a decision on this and move on. All right,
sir.
Mr. Manuel Gonzalez-Goenaga: We11, I'm going to be blunt, to the point.
Point number one. I don't believe in looking at the eyes of a person, to
judge them by the eyes. I have been deceived by bankers, by politicians and
this town is totally different from Texas. Number two, let's tie the five
hundred thousand incentive based on the amount of employees that they actually
hire. In other words, in a progressive way, because we cannot trust no man on
earth.
Mayor Suarez: Yeah, I think that we're heading towards. That I think we're
heading towards, Manolo.
Mr. Gonzalez-Goenaga. Has to be, has to be.
Vice Mayor Alonso: That's a good point.
Mayor Suarez: Yeah, that I think we're heading towards, Manolo.
Vice Mayor Alonso: Yes, yes, yes.
Mr. Gonzalez-Goenaga: OK, because that is the essence in order to avoid
deceivers because the biggest deceivers are the ones who dress in a pinstripe
suit, like bankers. So let's make sure that whatever money comes from the
citizens of Miami that they are committed to and based on the amount of
employees that they really employ and that's being used, the same way it's
done in Puerto Rico on the development which has proved very successful,
Operation Bootstrap. So let's copy instead of wasting so many hours here
discussing little things, menial things. Let's go to the essence of every
single issue and this applies not only for this petition, but Mr. Braman and
everybody else in the future. Thank you very much.
Mayor Suarez: Thank you. Yeah, that was to the point.
Vice Mayor Alonso: Very efficient, to the point. Excellent.
Mayor Suarez: Is there any way of phrasing this, Mr. City Attorney?
Mr. Jones: I'm sorry, Mr. Mayor.
Mayor Suarez: Supposing we were to agree to a settlement on the past due
charges. Is there any way of phrasing it so that it wouldn't automatically
entitle every other single licensee to ask for a reduction of their yearly
payment?
Mr. Jones: Well, without being facetious, you could call it a duck, a cat, or
whatever, but, uh, realistically I think the effect is going to...
179 January 9, 1992
L 1y
Mayor Suarez: I noticed you chose your analogy very carefully.
Mr. Jones: No, but realistically, I think the end result is going to be the
same. I think it's going to be the same effect, whatever you call it.
Commissioner Plummer: Wait, wait, wait, wait. What about, and Lucia, you
better listen to this, calling it a duck, it's still a duck. What happens if
they pay us and We reimburse them?
Mrs. Dougherty: That's acceptable to us, that's they way the contract was
initially written.
Commissioner Plummer: I'm asking a question.
Mrs. Dougherty: That's acceptable.
Mr. Jones: That's correct, that's the way...
Commissioner Plummer: Is it legal? It would stop the problem that it could
potentially exist with others.
Vice Mayor Alonso: Everyone would come and ask the same thing.
Mr. Jones: Well, I don't...
Commissioner Plummer: Huh?
Vice Mayor Alonso: The rest will come and request that we do exactly the
same.
Commissioner Plummer: But we don't have to grant it.
Mayor Suarez: Having heard on record the reason we did it, they will come
back and say aren't we entitled to the same subsidy.
Vice Mayor Alonso: Of course not, but then it's going back to the same
situation.
Commissioner Plummer: Because they're not a new company who we're trying to
entice.
Vice Mayor Alonso: Well, then I advise you that some other new companies are
looking to come to Miami from New York.
Commissioner Plummer: I'm merely asking is this a way, you said is there a
way to get around it. I'm asking is that possible.
Mayor Suarez: That's the kind of creative. let me say, that's the kind of
creative thing that we should have been thinking about before today and I
really, really believe that this administration has got to try a little harder
knowing where we are heading, folks, we're not technicians in this field.
We're trying to apply law, we're trying to look retroactively, prospectively,
looking at licenses that are complicated to us. And we don't get paid much
for it.
180 January 9, 1992
Mrs. Dougherty: Mr. Plummer, were you talking about prospectively or
retroactively?
Commissioner Plummer: Either one.
Mrs. Dougherty: We agreed to do that retroactively and that's the way the
contract was initially written.
Commissioner Plummer: And I can't see anything wrong doing it within the
future. It's our discretion.
Mrs. Dougherty: Instead of amending the ordinance, you're saying?
Mayor Suarez: It's an ongoing subsidy then that you're agreeing to.
Vice Mayor Alonso: Instead of amending the ordinance.
Commissioner Plummer: Don't amend the ordinance, leave the ordinance as it is
and they pay us according to the ordinance and then we reimburse them.
Mayor Suarez: Here's a way it could be done.
Commissioner Dawkins: They give it to you and you turn around and give it
back to them. What are you accomplishing?
Mayor Suarez: What is their total yearly payment?
Commissioner Plummer: Exactly. What you accomplish is that other companies
can't ask for the same thing.
Vice Mayor Alonso: Why not?
Commissioner Plummer: Because it's our decision to make.
Vice Mayor Alonso: It's our decision to make here today, too.
Commissioner Plummer: Hey, we'll be discretionary.
Mayor Suarez: Wait a minute. We're getting somewhere here. What is their
total yearly payment? Do you know, Matt?
Mr. Schwartz: About $102,000 I think with AT&T and MCI together.
Mayor Suarez: So if the difference were from a hundred to twenty five
thousand we would add seventy five thousand a year for the number of years in
question as a subsidy.
Mrs. Dougherty: The problem with that, that number goes up because we're
obviously laying more cable. The second thing is there's no security for us,
you could take that money away any time. We want this capital improvement, or
capital investment, to come here, we need the security of having an ordinance
and, frankly, it doesn't make sense for you not to...
181 January 9, 1992
Mayor Suarez: No security in a City commitment of CDBG funds for X number of
years. We've always abided by them.
Vice Mayor Alonso: So, what he's...
Commissioner Dawkins: Well, what's wrong...I'm sorry, go ahead. I'm sorry,
madam.
Mayor Suarez: Vice Mayor.
Vice Mayor Alonso: So what he's saying about the ordinance will not really
meet your needs as stated by you right now.
Mrs. Dougherty: That's right and it really doesn't make any sense for the
City of Miami to do that either, frankly.
Vice Mayor Alonso: So it has to be changed in order for you to feel that you
have the security of the commitment.
Commissioner Dawkins: Why would we...
Mrs. Dougherty: But retroactively, we agree and I think that's a good idea.
Commissioner Dawkins: Why would we sit up here and go through... Commissioner
De Yurre said we will abide by the court's decision and we will charge actual
cost. That's what your Commissioner said. They said we will not abide by
that.
Mrs. Dougherty: No, we said we will. We will agree to abide by the actual
cost that you can prove under this State law. And the State law says that and
we agree to it.
Commissioner Dawkins: No, no, see, see, see. I'm not interested in under the
State law, OK? I've got to pick up garbage on that street. That's a
legitimate cost. I've got to sweep that street. That's a legitimate cost.
I've got to have police protection on that street. That's a legitimate cost.
And all of these costs should go into legitimate costs. Now you will disagree
- that that's not a legitimate cost.
Mrs. Dougherty: Well, that's not the cost that the State law permits you to
charge. That's correct.
Commissioner Dawkins: So then I may as well stay with my... that's why I have
to charge $2 a linear foot. So that I can recoup that that it actually cost.
— I mean, hey, but I agree with Commissioner De Yurre, whatever it is.
Commissioner Plummer: Let me ask another question. What is your anticipated
amount of linear feet or mileage for infrastructure reasons?
Mrs. Dougherty: OK, we have not been able to market Miami because of the fee
structure. After we have this issue resolved, then we'll be able to market
it. We just don't know how much opportunity there is out there in Miami for
use
182 January 9, 1992
Commissioner Plummer: For what?
Mrs. Dougherty: So we don't know the exact amount.
Commissioner De Yurre: If there's an argument, J.L. about, uh....
Commissioner Plummer: That doesn't have anything to do with the
infrastructure as far as your cost is concerned.
Mrs. Dougherty: We don't lay cable unless we use it.
— Vice Mayor Alonso: The amount of, uh...
Mrs. Dougherty: I mean, we don't know what use of the cable will be made yet.
Commissioner Plummer: All right, then that won't work. That was an idea.
Commissioner De Yurre: Why don't we just forget about the retroactive and not
make it part of this deal and let the court decide that issue. That's fair
enough. It doesn't go against your policy and it doesn't go against ours.
That's a compromise.
Mrs. Dougherty: Well, that's an option, but the truth of the matter is
that'll cost us about $200,000 to litigate this constitutional question. And
it costs you money to litigate it and it doesn't make sense.
Commissioner De Yurre: So why don't we settle it?
Mrs. Dougherty: We want to settle it.
Commissioner De Yurre: But not by giving it all to you.
Mrs. Dougherty: Well...
Commissioner De Yurre: I'm just following his footsteps.
Vice Mayor Alonso: How about a suggestion from the administration?
Commissioner De Yurre: They don't want to get involved in this.
Commissioner Plummer: What's that?
Vice Mayor Alonso: Yes.
Mrs. Dougherty: Could we ... would it make sense for you to forgive... one of
things you really want to do is to make ... one of the things you have always
said to us is you want to make sure and have a guarantee that we stay in the
City of Miami. Would you accept a, on the past due amounts, a forgiveness of
only one fifth of the total amount on a yearly basis.
Commissioner De Yurre: I don't want to forgive.
Mrs. Dougherty: Up to the State Statute amount, only?
183 January 9, 1992
Commissioner Dawkins: Almost. No, leave out the almost.
Mayor Suarez: Why don't we do the following? This item's been going on now
for quite a while. The administration has got to help us a little bit here.
Assign someone, Mr. Manager, to meet with them for an hour and see if you come
back with a formula that you think satisfies the various questions you've
heard here before, at least to the tune of three votes...
Vice Mayor Alonso: Four.
Mayor Suarez: ...or four if you want to try to do it on an emergency basis
and keep it in mind that it's not going to be easy but at least...
Commissioner Dawkins: Or three to defeat it.
Mayor Suarez: Right. And if you don't agree with anything, obviously it
would be three to defeat it.
Commissioner Dawkins: There you go.
Mayor Suarez: And be back in an hour, at 6:15. We really should not have to
go through all this in Commission hearings. We're not the experts.
Commissioner De Yurre has thrown out some interesting ideas. So have all the
other members of this Commission and really the Administration should be
digesting those and coming up with something that doesn't give as much
precedent for all the other companies... No, we do want to hear it, Mr.
Manager...
Vice Mayor Alonso: Oh, yes.
Mayor Suarez: ...we want to hear in a nice, simple, concrete fashion that is
agreeable to them: otherwise, we're not going to be able to accomplish this
today anyhow and we may as well just take more time and think about it.
Commissioner De Yurre: Mr. Mayor, if I may join them, I'll walk away from the
meeting for a while and see if we can do something.
Mayor Suarez: That's fine, please.
Commissioner De Yurre: OK.
Commissioner Dawkins: I'd rather have J.L. Plummer go. I don't want you to
go.
Mayor Suarez: Commissioner De Yurre, you make a recommendation in as much a
period of time as you can take. If there's any item that we take in the
meantime that you need for us to reconsider or that you want to be present
for, please have your staff inform us. In the meantime, folks, let's try to
get through some of the rest of this agenda. Your item is tabled for an hour.
Mrs. Dougherty: Thank you.
Mayor Suarez: And this is the last effort...
Commissioner De Yurre: Can we just go upstairs to your office?
184 January 9, 1992
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Mayor Suarez: Yeah, that's fine. Be advised folks that you do have some
members of this Commission that are already inclined to vote negatively and
you probably need four of us so...
Commissioner Dawkins: Give a little, that's all.
Mayor Suarez: Give a lot. Dr. Prieto's eager. I know Matthew Schwartz is
eager. Mano is the one that's going to be concerned about the economic
implications, so...
30. AUTHORIZE AMENDMENTS TO LEASE AGREEMENT WITH E-Z-GO, DIVISION OF
TEXTRON, INC., FOR PROVISION OF 140 GOLF CARTS FOR MELREESE AND MIAMI
SPRINGS GOLF COURSES.
Mayor Suarez: Item 15.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Dawkins: 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. 92-27
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENTS TO THE LEASE AGREEMENTS,
IN SUBSTANTIALLY THE ATTACHED FORM, BETWEN THE CITY OF
MIAMI AND E-Z-GO, DIVISION OF TEXTRON, INC. FOR THE
PROVISION OF 140 GOLF CARTS FOR THE MELREESE AND MIAMI
SPRINGS GOLF COURSES, BY EXTENDING SAID AGREEMENTS,
UNDER THE SAME PRICES, TERMS, AND CONDITIONS, FOR
THREE (3) ADDITIONAL ONE (1) YEAR PERIODS AND A
PARTIAL YEAR PERIOD THROUGH JUNE 29, 1996, IN RETURN
FOR THE REPLACEMENT OF THE ENTIRE EXISTING FLEET OF
CARTS WITH NEW MODELS, WITH FUNDS THEREFOR TO BE
PROVIDED ANNUALLY FROM THE PARKS AND RECREATION
DEPARTMENT, ENTERPRISE FUND ACCOUNT NO. 580203-610 IN
THE AMOUNT OF $58,548 (MIAMI SPRINGS) AND ACCOUNT NO.
580202-610 (MELREESE) IN AN EQUAL AMOUNT, SUBJECT TO
THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
185
January 9, 1992
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
------------------------------------------------------------------------------
31. AUTHORIZE FURNISHING AND INSTALLATION OF STEEL PICKET FENCE AT LUMMUS
PARK FROM FENCE MASTERS, INC. (CIP 331042).
------------------------------------------------------------------------------
Mayor Suarez: Item 16.
Commissioner Plummer: Mr. Mayor, that's an awful lot of money.
Commissioner Dawkins: That's an awful large park, Mr. Plummer.
Mr. Alberto Ruder: It's about six acres.
Mayor Suarez: It's a steel picket fence. That's one of the real McCoys.
Commissioner Dawkins: Yeah, no aluminum.
Mayor Suarez: No aluminum, right? We're talking steel? Real steel?
Mr. Ruder: Galvanized steel.
Commissioner Plummer: Mr. Mayor it doesn't make a damn bit of difference what
kind of fence you put down there, they're going to find a way to take it down.
Commissioner Dawkins: Oh, they're going to get into it.
Mayor Suarez: Galvanized steel.
Commissioner Plummer: Did this go out for bid?
Mayor Suarez: You,can have galvanized, a lot of junk, too.
Mr. Ruder: Yeah, it's like the one we've used in African Square. We've used
it in Range Pool and...
Commissioner Dawkins: I'd like to ask a question, Mr. Mayor.
Mayor Suarez: Yes, absolutely and then I want...you should never have
mentioned African Square. I was over there the other day and what I saw was
not what I thought we were going to have there. Go ahead, Commissioner.
186 January 9, 1992
x
Commissioner Dawkins: Since we do not have the liberty of removing the
homeless people ... I'm sorry...
Mayor Suarez: When are we going to get the new system?
INAUDIBLE RESPONSE.
Commissioner Dawkins: Since we do not...
Mayor Suarez: Definition of the technical aspects we just want a system that
works. That's the only definition we need. Go ahead. We saw it in... where
did we see it, in ? They had a great one.
Commissioner Dawkins: Yeah, in . You could stand ten feet
from it and come out crystal clear. Now, Mr Manager, I just have to make a
statement. I can't blame this on you, sir.
Commissioner Plummer: We can try.
Commissioner Dawkins: The court does not permit us to move the homeless, the
street people or their belongings. They are, according to the judge, able to
sit there, sleep there, park there, and live there and we can't touch them.
Commissioner Plummer: Where's there?
Commissioner Dawkins: So, now why are you going to fence them in and they're
going to go through the fence and get back in there anyway?
Mr. Odio: We have permission from the court to move these people from Lummus
Park and their belongings.
Commissioner Dawkins: All right. Well, have you moved them?
Mr. Odio: No, sir.
Commissioner Dawkins: Well, why don't we move them and then fence it?
Mr. Odio: Well, I'd like to start ... we said to the judge that at the moment
the fence began to be erected, that we would begin to place these people. I
didn't want to, honestly I didn't want to start moving people out, move them
out and then have other people move back in.
Commissioner Dawkins: They are going to move back in. Others are going to
move in.
Mr. Odio: Once the fence is up... and because we're going to be under
construction inside the park for a while so once the fence is up, nobody will
be allowed in there. They will not be allowed in there.
Commissioner Dawkins: They aren't allowed in there now according to the
courts, but they're in there.
187 January 9, 1992
Mr. Odio: But, we have permission from Judge Atkins to place the fence, to
place them and control that park.
Commissioner Dawkins: OK.
Mr. Odio: We do have permission now, Commissioner Dawkins.
Commissioner Plummer: But, Mr. Manager, if we just put up a fence, a chain
link fence, what would the cost be?
Commissioner Dawkins: No, no chain link fence, they'll cut that, they'll cut
that.
Mr. Odio: Well, probably about twenty five, thirty, forty thousand dollars.
But that's not what we want.
Commissioner Dawkins: And they'll cut that everyday, J. L.
Mr. Odio: We want to make Lummus Park a nice... we have a grant to rebuild
this park.
Mayor Suarez: It is going to be identical to the one at African Square?
Mr. Ruder: Yes. This has been one of the number one things that the
community has asked for, whether the homeless are there or not. This is part
of the plan to...
Mayor Suarez: I'll tell you, if it's as effective as the one at African
Square Park...that not only keeps out the homeless that keeps out the kids
from using the playground unless you happen to have the gate open. When do
you have that gate open?
Mr. Odio: African Square Park is been managed by the Urban League at this
moment.
Mr. Ruder: Right now it's open Monday through Friday as we're working with
the Urban League. They're coming up witn some other program.
Commissioner Dawkins: From what to what?
Mayor Suarez: What hours, Al? I mean, it used to be you could go there 7:00,
8:00 p.m. and play a little basketball. Now, I guess you can't. Is that the
idea?
Mr. Ruder: Well right now, again, it's going through an interim...
Mayor Suarez: Or be down at Tat Fair's house and get the key or something?
Mr. Ruder: No, it's going through an interim period now. Right now it's open
Monday through Friday, I believe the hours are from nine to six.
Commissioner Dawkins: It's not open on a Saturday?
188 January 9, 1992
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}
Mr. Ruder: We're going to start Saturday in the next couple of weeks. We've
been working...
Mayor Suarez: Please.
Commissioner Dawkins: Wait a minute, hold it, hold it. How could we put a
park in a neighborhood and do not have it open on Saturdays and Sundays?
Mr. Ruder: Well, we've been working with the Urban League... -
Commissioner Dawkins: That's not the Urban League's park.
Mr. Ruder: No, I know, but they're developing some specialized things for the
weekends and they just asked us, at least for the first few weeks...
Commissioner Dawkins: Who's...I'll ask another question. Who's going to pay
the people who the Urban League want to work in this special project on
Saturdays and Sundays?
Mr. Ruder: Right now we have...
Commissioner Dawkins: Who will pay them for...
Mr. Ruder: So far the way ... the Urban League is working that out. They will
get the person, they will...
Commissioner Dawkins: No, no. They are going to be responsible for the
salaries of the people who work in this special program on Saturdays and
Sundays?
Mr. Ruder: Right, right, right.
Commissioner Dawkins: We will not have to pay that?
Mr. Ruder: Right, so far that's what they've indicated.
Commissioner Dawkins: Can we pay some people to be in there on the times that
the's not, that they're not in there on their special project?
Mr. Ruder: Sure, sure, we'll find...
Commissioner Dawkins: Is that agreeable?
Mr. Ruder: OK, absolutely.
Mayor Suarez: And where are the chess tables again? Because I didn't see
them.
Mr. Ruder: They were in the corner...
Mayor Suarez: Are they under the little stage or something?
Mr. Ruder: No, no, no. They're right near the...
189 January 9, 1992
0
Mayor Suarez: Kind of like where the sink is? The bathrooms?
Mr. Ruder: They're right near the recreation building, outside of the
recreation building as you walk in, right near...
Mayor Suarez: We11, I do hope that ... just like we went through with Domino
Park and it sounds like we're going through here, that we slowly bring this
back to full time usage and Saturdays and Sundays, as the Commissioner was
just saying, are really the key times. All right as to the fence then at
Lummus Park, we're talking $125,000. It's obviously a permanent...
Mr. Ruder: Right, it's 2,000 linear feet and the park is about six acres.
Commissioner Plummer: Is it steel or aluminum?
Mr. Ruder: It's steel.
— Mayor Suarez: Galvanized steel. The real thing.
Mr. Ruder: Yeah.
Commissioner Dawkins: No aluminum, J. L.
Commissioner Plummer: Yeah, it won't last long.
Mayor Suarez: The housing project here at the ... the senior housing at 37th
Douglas and U.S. 1 has this kind of fencing too, doesn't it?
Mr. Ruder: Yes.
Mayor Suarez: It is pretty darn good.
Mr. Ruder: And so is Jose Marti...
Commissioner Dawkins: How high is it going to be? Eight feet?
Mr. Ruder: Eight feet.
Commissioner Dawkins: OK, good.
Mayor Suarez: All right, I'll entertain a motion on item 16.
Commissioner Dawkins: J. L. moves it.
Mayor Suarez: Thank you. All right, that's close enough.
Commissioner Dawkins: I second it.
Mayor Suarez: Thank you. Call the roll.
190 January 9, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-28
A RESOLUTION AUTHORIZING THE FURNISHING AND
INSTALLATION OF STEEL PICKET FENCE AT LUMMUS PARK FROM
FENCE MASTERS, INC., UNDER EXISTING DADE COUNTY BID
NO. 1405, AT A TOTAL PROPOSED COST NOT TO EXCEED
$125,315.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 331042, ACCOUNT CODE NO.
589301-830; 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.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Unfortunately, yes. Just for the record, I'd rather
take the money and feed people, because we're kidding ourselves... we're going
to put a fence around Lummus Park and they're going to be across the street in
the Pioneer Club. You know, we're really kidding ourselves thinking that
we're really accomplishing something by keeping them out of Lummus Park and
under 395. So, you know, Mr. Manager, you know and I know, they're going to
go across the street, they're going to be under the Flagler Street bridge,
they're going to be under the First Street bridge, they're going to come down
to our neighborhood, Wainwright Park, Simpson Park...
Commissioner Dawkins: Oh, if they come in there, that's great.
Commissioner Plummer: They ain't gonna go up there because you don't give
them nothing, you're too tight.
Mayor Suarez: All right, we have a motion and a second and call the roll,
please.
Commissioner Plummer: I'm going to vote yes.
Mayor Suarez: Yes, Mr. Gonzalez. Right now you're holding up a Miami Herald
pictorial on...
191 January 9, 1992
Mr. Gonzalez-Goenaga: Yes, two articles.
Commissioner Dawkins: We've got to continue the roll call.
Mayor Suarez: Yeah, let's call the roll and then if there's anything that
would change anybody's mind...
Commissioner Dawkins: I'm voting yes but I'm like J. L. I would rather see
us take the money and hold it until the park was clear of the homeless people
and then go and fence it in. But since the Manager feels that this is what he
needs to do, I will not obstruct him in any way, so that if it works, we can
pat him on the back; if it doesn't work, I can tell him, see, I told you so.
I vote yes.
32. DISCUSSION CONCERNING FEDERAL GOVERNMENT'S DECISION TO USE THE NAVAL
RESERVE CENTER AS SHELTER FOR MIAMI'S HOMELESS - REPORT BY MANAGER AS TO
STEPS TAKEN BY ADMINISTRATION CONCERNING POSSIBLE SITES SWAP.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, may I ask of the Manager the present posture
of where we are with the Naval station? Down on Bayshore Drive?
Commissioner Dawkins: Yes, yeah, the homeless people got it.
Commissioner Plummer: Well, I would like to know what's happening.
Mayor Suarez: OK.
Mr. Odio: I think it's an appropriate question. The Fred Stern, the Naval
Assistant Secretary of Defense Office has been here since the day before
yesterday. We have had meetings with the Homeless Coalition, we had two
meetings with them. I'm afraid to say that we are making no headway, that
according to the law, the federal law, the Navy will have no choice but to
award this facility to the Homeless Coalition ten days from now. We have a
meeting tomorrow morning at 10:00. I'm hoping that at least some compromise
will be accepted. We have offered, as you instructed me, to proceed with the
offer, and the swap of properties. That is not acceptable to the Homeless
Coalition. They felt that they are quote, unquote, "getting a Mickey Mantle
card" and we're offering them nothing in return like Beckham Hall or the fire
station or any other properties that we now own are not acceptable to them.
.The only... we have two things that we can do at this time. One of them is to
draw up some voluntary restrictions that the Homeless Coalition will place on
themselves and hoping that the homeowners of the area would agree in
participating with us in a meeting tomorrow that they would agree to these
restrictions. What those restrictions are, I don't know at this time. We
will know better tomorrow. The other one, of course, is always the legal
recourse that the homeowners might have. Yes, sir.
Commissioner Plummer: Is there anything that this City Commission can do
administratively...
192 January 9, 1992
Mayor Suarez: Do you yield Commissioner Dawkins to Commissioner...
Commissioner Dawkins: That's all right. Let him go ahead.
Mayor Suarez: All right.
Mr. Odio: OK, at this time, Commissioners, and I am concerned because
everything that happens around here, the City is to be blame, the Navy man,
Fred Sterns, clearly stated last night that this is not in the City's hands at
all. There is nothing that we, the City, can do to overrule that law.
Commissioner Dawkins: That's right. To alter the decision.
Mr. Odio: It's a federal law. McKinney Act supersedes anything else you
might want to do.
Commissioner Dawkins: And, J. L., it's a done deal.
Mr. Odio: It is.
Commissioner Dawkins: The McKinney Act takes precedence and we may as well
quit attempting to fool the residents, that it's not going to happen. The
Homeless Coalition has the land.
Mr. Odio: They have it. In ten days from now, the Navy will turn it over to
HHS(Department of Health & Human Services). HHS will, in turn, draft a lease
giving them that property. Like I said, the Homeless Coalition agreed in a
dinner the night before yesterday that they will self impose restrictions that
they are willing to discuss with the homeowners and which we are going to do
tomorrow. I'm hoping that the homeowners will agree to the restrictions and
that we can have at least a solution that is not what everybody wanted, but
it's better than nothing. That's where we are today. Like I said, the
homeowners always have the legal recourses in their hands. How far they can
go with that, I don't know.
Commissioner Plummer: And who do we thank for that, George Bush?
Mr. Odio: The law...I don't know where that law was passed. You have to
thank Congress for having passed that law really. It's sad because the
property will be underused, the way it's been proposed to be used.
Commissioner Plummer: Is there anything that this Commission can do in your
estimation that has not been done?
Mr. Odio: You have done more than you could have done. The offer of the swap
was very generous. Under your instructions, we offered Beckham Hall and the
$300,000 a year for three years, and that was not acceptable to them. I
repeated as I walked out the door, i said before we break up I' l l offer the
swap one more time, and one more time they declined.
Mayor Suarez: OK, Manolo, you were getting ready to show us some pictures of
the homeless. I'm not...
193 January 9, 1992
t .#
Mr. Gonzalez-Goenaga: I just wanted to put in the record two articles by the
Miami Herald on Friday, December 27, 1991, "Homeless Ex -Cop Learns The Law Of
The Street." And then the other one which is much more important is "Miami
Changes Tactics To Deal With The Homeless" and since you are quoted here,
Mayor, and I hear now some different story. I would like to hear the real
motives of the problem with the homeless. I have said here many times that
the problem here is that you people treat the homeless as if it were
merchandise and the homeless are human beings. With these two articles, I am
sure that you can get more sensitive and start [sic] referring to the homeless
as if they were merchandise. They are human beings and with this article
about the ex -cop, you see, now I hope it will really affect you all, or really
realize what's going on in this town.
Mayor Suarez: All right, why don't we make sure that all of us have copies of
the articles. Keep giving us steady doses...
Mr. Gonzalez-Goenaga: No, you charge too much, 15 cent a copy here.
Mayor Suarez: No, no, no we'll do it at courtesy rates.
Mr. Gonzalez-Goenaga: Remember, I'm going to bring Puerto Rican homeless...
Mayor Suarez: Absolutely. Any...
Mr. Gonzalez-Goenaga: ...from New York City. Too cold up there.
Mayor Suarez: ...well, don't start bringing homeless from other communities,
we've got enough...
Mr. Gonzalez-Goenaga: No, no from New York only.
Commissioner Dawkins: But when you bring the homeless from New York, Puerto
Ricans, take them to your neighborhood, Coral Gables.
Mr. Gonzalez-Goenaga: No, to the Mayor's home.
Commissioner Dawkins: Don't bring them to the City of Miami, take them to
Coral Gables, where you live.
Mr. Gonzalez-Goenaga: No, to the Mayor's home, in front of the Mayor's
home...
Commissioner Dawkins: Yeah, you live in Coral Gables...
Mr. Gonzalez-Goenaga: ...and I accept one.
Commissioner Dawkins: You live in Coral Gables, so take them to Coral Gables.
Don't put them in the City of Miami.
Mr. Gonzalez-Goenaga: No, to the Mayor's home so you start...
Commissioner Dawkins: No, see but...
Mr. Gonzalez-Goenaga: they are going to be veterans of war, patriots...
194 January 9, 1992
.
Commissioner Dawkins:
...but you're
being
hypocritical...
Mr. Gonzalez-Goenaga:
...patriots
of this
country. Patriots. Patriots.
Commissioner Dawkins: ...you're being hypocritical.
Mr. Gonzalez-Goenaga: ...I'm going to select them very well.
Commissioner Dawkins: When you put them in the Mayor's neighborhood...
Mr. Gonzalez-Goenaga: Well, I am willing to take one to my home.
Commissioner Dawkins: One? OK.
Mr. Gonzalez-Goenaga: And you take the rest.
Mayor Suarez: There we go, that's...
Mr Gonzalez-Goenaga: OK, I agree with that. I'll take one as a roommate.
Mayor Suarez: That'll be 0.02 percent of the problem solved because I think
there's 5,000 in Dade County estimated and you take one, that's getting there.
Mr. Gonzalez-Goenaga: Only twenty...
Mayor Suarez: No, no that's it. That was my comment, not yours.
33. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO ACCEPT BID OF
MARTIN LAMAR UNIFORMS FOR FURNISHING UNIFORMS AND ACCESSORIES FOR POLICE
DEPARTMENT (Defer to the second meeting in January).
------------------------------------------------------------------------------
Mayor Suarez: Item 17. Uniforms...
Mr. Gonzalez-Goenaga: Oh, very important.
Commissioner Plummer: Mr. Mayor, I've got a big problem with this contract.
Why in God's name... Mr. Manager?
Mr. Odio: Yes.
Commissioner Plummer: Is it possible that we can split this contract into
different segments? I can't understand why we're paying $416 for a pair of
boots for a motorcycle rider. And if I do nothing more to go to the second
bid, they offer the same riding boots for $209.
Commissioner Dawkins: They, who?
Commissioner Plummer: The second bidder, Small Woods. Now, and I can go
right down this list...leather jackets. Leather jackets by the first bidder
195 January 9, 1992
are $320 each. The second bidder, $259. Now somewhere there is a hell of a
discrepancy here and I'm having the feeling that we'll underbid on some items
and then we'11 make up the difference on the overbid of the other items.
There cannot be a discrepancy, Mr. Manager, of two hundred, call it $200 for
round numbers on a pair of boots.
Mr. Odio: Well, let me do this. I thought you had seen this before. I'd
like to withdraw this until the next meeting, until you are satisfied with the
bid.
Commissioner Plummer: Well, can I ... and I'd like to ask the question. You
know, I've got to ask a question somehwere. How can there be a discrepancy of
$200 on a spec for a pair of boots? I don't understand.
Lieutenant John Longueira: On the quality offered by the vendor, it could be.
Commissioner Plummer: Are the specs the quality spelled out? I'm assuming
that both vendors are bidding on the same set of minimum specs. Riding boots
for the horse patrol. $100 difference between that which is recommended and
that which is the second bidder.
Mr. Odio: I'd like to bring it back on the 23rd so that I...
Commissioner Plummer: I think that somewhere along the line this thing is
completely out of line.
Lt. Longueira: Well, you're right. There's only 13 pair of those boots.
It's not going to impact...
Commissioner Plummer: That's not the point. Whether it's one pair, or two
pair, or twelve or fifteen. There's got to be a breakdown here in this system
where there is a $200 discrepancy between a pair of boots.
Mayor Suarez: Can we get that resolved? If we're not going to try to do it
today, Commissioner, then before...
Commissioner Plummer: You can bring it back at a later time. You know,
whatever you want to do. I mean, there are just so many of these...
Mayor Suarez: Under the Commissioner awareness program would you have your
recommendation on that?
Commissioner Dawkins: You are the awareness Commissioner, so we do need your
recommendation.
Mayor Suarez: Right.
Commissioner Plummer: Well, can I ask a question, Mr. City Attorney.
Commissioner Dawkins: Can you get that and bring it back to the next meeting,
sir?
Mayor Suarez: You don't want to at on it today anyhow.
Commissioner Plummer: Can't we break it down into two different bids?
196 January 9, 1992
Commissioner Dawkins: That's up to you.
Commissioner Plummer: I'm asking legally can we do it.
Commissioner Dawkins: Oh.
Commissioner Plummer: Can we award to one bidder those items which they're
low on and award to a second bidder those which he is low on instead of a
package deal?
Commissioner Dawkins: They just did that this morning, J. L. with the paper
goods, with office supplies.
Mr. Odio: If the quality is the same.
Commissioner Plummer: Mr. Manager, I'm assuming the quality...knowing how the
Police Department writes specs for a pair of pants that has to have a double
inlaid seam with a reinforced button to the crotch...you should read those
specs, OK. That's one of the reasons that the price is so high. Well, I
didn't touch that one and I'm not about to. Mr. City Attorney, my question to
you is, sir, can we award, by splitting up and taking the items of the low
bidder awarding him those items and awarding to a second firm that which
they're low in? I'm assuming those are minimum specs. Am I right?
Lt. Longueira: Commissioner, I think that...
Mr. Jones: Let me address that.
Commissioner Plummer: Is that legal?
Mr. Jones: No, only if they were bid as separate items could you break it
down. Otherwise...
Commissioner Plummer: Well, they did. They did on this thing.
Mr. Jones: They were bid as separate items?
Commissioner Plummer: Yes.
Lt. Longueira: I believe the way the bid is, that it is permissible to split
them. We don't split them because it costs us more man hours. You send a guy
on duty to one vendor and then send on duty to another vendor, it costs you
more travelling time than it does the money you're going to save. OK. If
you ... two, three vendors, we're going to lose money. The bottom line is the
bottom dollar.
Commissioner Plummer: Whatever happened, Joe, to the fact that we were going
to require the vendors to operate an office within the central Police Station?
Do you remember that?
Lt. Longueira: I believe the requirement...
197 January 9, 1992
I
- Commissioner Plummer: We were going to give them X number of square feet,
they would put their seamstress in the Police Station and we could use 100
i vendors and the policemen would go to the office in the Police Station and
save untold amount of hours which are today being wasted even going to a
single vendor.
Lt. Longueira: I don't believe that was ever a requirement. I believe it was
some people's idea...
Commissioner Plummer: It was a request of this Commission to try to reduce
cost. The vendors were opposed to it because it was for the example setting
up a second office.
Commissioner Dawkins: Commissioner Plummer.
Commissioner Plummer: I'll make you your recommendations if, in fact, we can
do it, I'll... Mr. Mayor, do you want to defer it? I think we can save a hell
of a lot of money.
Commissioner Dawkins: Yeah, and you bring it back to us at the next
Commission meeting please, sir.
Commissioner Plummer: I'll move that the matter be deferred.
Commissioner Dawkins: Second.
Mayor Suarez: We're on Item 17 and on the Commissioner Awareness Program,
Commissioner Plummer would like a little bit more information on the
possibility of breaking down this contract into sub -bids and otherwise be
satisfied before he makes a recommendation, so we have a motion to defer.
It's been made by Commissioner Plummer, seconded by Commissioner Dawkins.
Sir, I gather that you probably have something to do with the company that
would otherwise get this contract.
Mr. Frank Pulice: Yes, sir.
Mayor Suarez: All right, on motions to defer it's...go ahead and come up to
the mike if you'd like. There's not a heck of a lot that you can do that
helps your cause.
Mr. Pulice: I understand that, but I would appreciate bringing the following
facts before the Commission.
Commissioner Plummer: How about giving us the first fact, your name and who
you represent.
Mr. Pulice: My name is a real easy name to remember, Frank Pulice, just like
the police and I'm Sales Coordinator for Martin's Lamar Uniforms which is a
separate entity from the Superior Surgical Holding Company. We are a Florida
based company, we have an office and a repair room in the City limits of Miami
at 1887 West Flagler that we opened up expressly over three years ago to
handle the Miami Police contract. That place is still going on and we have
our other office out in Dade County.
198 January 9, 1992
I
Vice Mayor Alonso: That's just a satellite office that you have there, right?
Mr. Pulice: That's correct. We refer to it as a satellite, a satellite
operation.
Commissioner Plummer: Would you be willing, if awarded the contract and we
provided you with the space in the Police Station, to open that satellite
office there?
Mr. Pulice: Sir, this is what we exactly did in the city of Orlando. We made
the offer to the city of...
Commissioner Dawkins: But are you prepared to do it here, sir?
Mr. Pulice: Excuse me.
Commissioner Dawkins: Are you prepared to do it here?
Mr. Pulice: I cannot make that commitment. I am not top management.
Commissioner Dawkins: I know, but what you did in Orlando is secondary, sir.
Mr. Pulice: I just wanted to be that... Yes, it's not a precedent. It has
been done.
Commissioner Plummer: I'm thinking of the man hours saved.
Mr. Pulice: What we're doing now is...the people are coming to the satellite
store. We were going to bring the service to the department and, at this
point I understand what you're saying, but I believe, I believe top management
would agree with going along with bringing it into the Police Department.
This is something we tried for a few years back.
Commissioner Plummer: Did we take a vote?
Commissioner Dawkins: Yeah, there was a vote.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: There was a motion to defer.
Commissioner Plummer: And there's a vote?
Mayor Suarez: Moved and seconded. Any discussion from the Commission?
Mr. Gonzalez-Goenaga: Yes.
Mayor Suarez: No, from the Commission on this one. This is procedural.
We're not taking any final action, Manolo.
Mr. Pulice: If I may. One other thing, this...
Mayor Suarez: He's affected in a special way because he's going through this
whole process.
199 January 9, 1992
I1
Mr. Pulice: The second bidder, Smallwoods, who has never supplied any
uniforms to any public safety was the second bidder. A week after the bid had
been opened, they closed their shop and it was demolished. They have not re-
opened in the City of Miami. We were the only low bidder out of about nine to
ten bids that were sent out.
Commissioner Plummer: Twenty-five bids according to GSA (General Services
Administration).
Mr. Pulice: OK, we were the only one, and Smallwood, who had never supplied
uniforms to a public safety department.
Commissioner Plummer: Mr. Williams, can I assist your... ask your help,
please. I would like you to get out a letter tomorrow to the twenty-three
bidders who did not bid asking them why, if they will respond why they did not
bid.
Mr. Williams: OK, we'll do that.
Mr. Pulice: Thank you.
Mayor Suarez: Thank you.
AT THIS POINT, THE ITEM WAS DEFERRED
------------------------------------------------------------------------------
34. (A)DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO ACCEPT
PROPOSAL OF MOTOROLA, INC. / MDV (MOBILE DATA DIVISION) FOR PURCHASE OF
MOBILE DIGITAL TERMINALS, SOFTWARE AND SUPPORT SERVICES FOR POLICE
DEPARTMENT.
(B)COMMENTS BY COMMISSIONER PLUMMER CONCERNING PRESENT ACTION BY METRO-
DADE TO SPEND $30,000,000 IN UNIFICATION OF THE SYSTEM TO MAKE IT
COMPATIBLE WITH THE CITY'S.
Mayor Suarez: All right, item 18.
Commissioner Plummer: Mr. Mayor. Another item that I would like to defer.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
THEREUPON, the City Commission on motion duly
made by Commissioner Plummer and seconded by
Commissioner Dawkins, deferred consideration of
the above matter by the following vote:
200 January 9, 1992
moll 111111
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
COMMENTS MADE AFTER ROLL CALL:
Commissioner Dawkins: Yes, and while it's deferred, when you come back,
explain to me the difference between CA6 where you're going to spend $98,046
for program computers and you're going to spend $1,102,000 here for more
computers when it comes back next week.
Commissioner Plummer: Mr. Mayor, I would ask that you not hold me to the next
meeting on this. I will try to accomplish it, but let me tell you what is
going on presently and might not be able to report back on the 23rd. Dade
County is in the process of unifying $30,000,000 (thirty million dollars) of
radios and computers. My main concern here is that, in fact, we will be
compatible with that system.
Lt. Longueira: They're not getting an MDT system. They're out for a radio
system.
Commissioner Plummer: Joe, I want to make sure that it's compatible. OK?
So, I'm just saying, Mr. Mayor, please don't hold me to the 23rd, but give me
the latitude of no later than the 13th... I'm sorry...yeah, the 13th of
February.
Lt. Longueira: Commissioner, they don't even have the system designed. They
don't know what they're going to get. We're going to wait for them?
Commissioner Plummer: But we know what we're looking for. Motorola is the
one providing this and it's my understanding that Motorola is providing to
them. Between Motorola and GE.
Lt. Longueira: The radio system, like out 800 megahertz?
Commissioner Plummer: They're going to a full CAD system.
Mayor Suarez: OK, Item 19. I'm sorry, Vice Mayor Alonso wanted to hear
from....
201 January 9, 1992
35.(A)COMPLAINT BY ELBA MORALES CONCERNING ALLEGED POLICE NEGLIGENCE IN
RESPONDING TO HER NOTIFICATION OF A BREAK-IN AT 701 N.W. 36 AVENUE.
CONCERALARMNING
label)
ED a(PNjOF POLICE AND (b) LACK OF
Mayor Suarez: All right, Item 19.
Vice Mayor Alonso: If I may...
Mayor Suarez: I'm sorry, Vice Mayor Alonso wanted to call Mrs. Morales.
Vice Mayor Alonso: Yes.
Mayor Suarez: Mrs. Morales.
Vice Mayor Alonso: Mrs. Morales, in reference to the break-in as I requested,
the Chief is going to...
Mr. Odio: I suggest that she be telling her when the Chief...
Mayor Suarez: Yes, and before we go much further, what happened to the union
President who was here just now?
Vice Mayor Alonso: Oh, yes and the Police Department, where did they go?
Mayor Suarez: Concerned about his uniforms and radios and everything else.
Now we're going to talk about crime here and everybody goes away.
Commissioner Plummer: Mr. Longueira. Front and center, please.
Mr. Odio: Longueira.
Vice Mayor Alonso: And Mr. Cotera.
Mayor Suarez: Mr.. ..Lieutenant Longueira and Mr. Cotera, please, who is the
President of the union. We're looking for some logical, common sensical ideas
on how to deploy our Police Department.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Where's Al Cotera?
Mayor Suarez: We hear from him around union contract time, union benefit
time. We need to hear from him when we get into the issue of crime.
Commissioner Plummer: Mr. Mayor, you know that we have another item scheduled
,later on in this same area.
Mayor Suarez: No, I was not aware of that. If you think that it's
appropriate...
202 January 9, 1992
Commissioner Plummer: Commissioner Dawkins has an item scheduled of
deployment which is all police related that's why I'm just...
Vice Mayor Alonso: Can we take it at the same time?
Commissioner Plummer: It's Commissioner Dawkins' item, I don't know.
Mayor Suarez: OK, what item was it?
Vice Mayor Alonso: OK, Commissioner Dawkins, would you like to take it at the
same time?
Commissioner Dawkins: Why not?
Vice Mayor Alonso: OK. Thank you.
Mayor Suarez: Yeah, because we certainly are within the agenda to do it at
5:46.
Vice Mayor Alonso: Yes, so as soon as... maybe we should... oh, here they
are.
Commissioner Plummer: Here's Al.
Vice Mayor Alonso: OK.
Mayor Suarez: We need for you to hear...
Vice Mayor Alonso: I requested that Mrs. Morales to come and explain to us
what has happened this morning in the break-in to her office, 701 Northwest
36th Avenue.
Mrs. Elba Morales: Thank you. For the record my name is Elba Morales, 3030
Southwest 6th Street. I work at 701 Northwest 36th Avenue. On December 4th
we had a break-in which cost our office approximately $50,000. When that
happened, I was provided certain numbers, case numbers, etcetera, and I called
the Police Department. The first person I spoke to was an officer by the name
of Caballero who, after I told him what my problem was that I wanted to find
out who was the detective who was going to handle my case - when I say my
case, it's my office's case, I'm the office manager - said that nobody was
going to be handling that case. Were there any witnesses? I said, well,
certainly, I hope that...
Commissioner Plummer: Mr. Mayor, excuse me. I see Assistant Chief Gibbs and
I think it would be very well that he be in here and listen to this.
Mayor Suarez: Yeah, that would be helpful. Please. Absolutely.
Commissioner Plummer: Would somebody invite Assistant Chief Gibbs to come in?
This is a police matter and I think it would be appropriate that you hear
this.
203 January 9, 1992
NOTE FOR THE RECORD: At this point, agenda item 40
was postponed to the first meeting in February.
Mayor Suarez: Let me announce that representatives for agenda item 40... Mr.
De Yurre, is that the one I think it is on the, uh... let me see. The Cuban
holocaust monument we would like to postpone that until the first meeting in
February. I know that Dr. Beato and Dr. Marrero were out there on this item
and yes we can absolutely do that. I feel bad that they... we got so far
behind today that it doesn't look we would even get to it until about 8...
Commissioner Plummer: Are we deferring it?
Mayor Suarez: Yes, and rescheduling it for the first meeting in February,
right? Very good.
Commissioner Plummer: Fine.
Mayor Suarez: Are you going to communicate that to them? I think he will.
Vice Mayor Alonso: Yes, can she continue?
Mayor Suarez: Please.
Mrs. Morales: Upon that happening on December 4th, a few days after that, I
called the Police Department and I requested to know who was the Detective
handling the case and this gentlemen who answered the phone by the name of
Caballero told me that... he asked me, actually he asked me were there any
witnesses to the robbery and I said well I hope that, probably there were
witnesses but they were all robbing the place.
Commissioner Plummer: Robbery or burglary?
Mrs. Morales: Burglary. Um, so he says well if there were no witnesses, I
don't think that there's going to be any detective assigned to your case. I
blew my top and I said I hope that there is somebody who is going to be
assigned to my case, because there about $50,000 robbed in this place. He
said, oh well, that's different. He started taking my name, and the numbers
that I'd given him. He says, well, you have to talk to the sergeant, talk to
Sergeant Otto Delforn. I said fine, what time do I have to call him? He
says, well, call him at 2:00, 3:00, I don't know what time it was. From that
day on, that was on the 4th. On the 9th, I had somebody come out there and
hit some chains that we had there and some iron that we had, some iron pipes
that we had out there, they actually went and vandalized. 1 had to call the
Police again. They came out there again and they saw that it was vandalism.
I started calling Sergeant Delforn from that day on and, to date, I have not
been able to speak to him. I have left my number. I have left messages and
never been able to speak to him. We installed an alarm...
Commissioner Plummer: Approximately how many times have you called?
Mrs. Morales: More than eight times.
204 January 9, 1992
Commissioner Plummer: More than eight?
Mrs. Morales: Yes. We installed an alarm system. We just had it installed
last week and for the first time, I turned it on last night. I turned it on
at 7:30 last night as I left my office. About a quarter to eight this
morning, I received a phone call from my receptionist who had been called by
somebody who went by Northwest 7th Street and saw the iron gate open and the
wooden door open. We have ironworks all around. It took me five minutes to
get from my house to my office. Took me five minutes. I got there and I see
both doors were open. I walked in through those doors and as I walk in I look
at the alarm and I see that the four lights are blinking. So I walked through
where the sensors are and immediately the alarm starts, it goes off, it starts
ringing. I got a phone call from the alarm systems, says what happened? I
said, well, there's been a burglary here. She says, well, I will call the
Police. She hangs up. I go outside. Wait and wait outside. Then an officer
on a motorcycle comes and says, oh, we got the wrong information. We thought
that there someone was being assaulted or there was a...
Commissioner Plummer: Robbed.
Mrs. Morales: ...robbery now. 1 said no it must have happened before. He
says, OK, I will call the right people for you. Just wait here. In the
meantime, that alarm is going on and on and on and I looked at my watch and I
see that the alarm runs for fifteen minutes and then it shuts off
automatically. I walked back into my office and I see then again those four
lights, like the first time when I walked in, because I thought that the alarm
had not been activated. I said to myself, something happened, maybe I didn't
do the right thing. But then I see those four lights going on. I said, oh,
exactly the way they were before when I first came in. I wait for the Police.
The Police come and I say I don't know what happened, look at the tights.
They look at all that and he asked me what time did you leave the office? I
said I left the office at 7:30 last night. He said, well you were robbed
twenty minutes after you left your office. I said how do you know? He says,
well, because there was a call from the alarm to us at 7:58. I said and what
happened? He says, well, we do not respond because you had to have a
certificate... you had to pay $25 when you installed this alarm in order for
us to come out here. I looked at him and I said of course you're joking. And
he said no, that's the way it is. You mean to tell me if I'm standing out
there, somebody comes with a gun, points the gun at my head, tells me to walk
back into my office, my alarm gets deactivated or activated, it goes off and
because I didn't pay $25, I get killed? I can't believe that. I cannot bring
myself to believe that. I am a citizen of Miami, I pay $4,000 taxes, there's
$4,000 taxes paid on that building and I demand, I demand that I have the
protection that I am entitled to. This is ridiculous. I never heard of such
a thing. I am not the alarm company. I understand that the alarm company
should have told me you have to get a permit. But let's say that they did and
I don't want to pay a permit. OK, I'm so bad. I don't want to pay $25.
Still, I think if that happens, the police should go out there, they should
see what is happening to me and then they should bill me $25 because I didn't
pay those $25 and whatever fee they have to put on top of that because I din't
pay when I had to. But that the police has to come to help me. I never heard
anything like that, that they don't come because I didn't pay $25.
205 January 9, 1992
Commissioner Plummer: What is your anticipated loss from last night?
Mrs. Morales: $2,000.
Commissioner Plummer: And, to your knowledge, no one responded until this
morning?
Mrs. Morales: No.
Commissioner Plummer: Your alarm company did not notify anybody?
Mrs. Morales: I called the alarm company. They told me that they had called
the police. That they called the police at 7:52 they told me. I'm sorry, I
don't know if it was 7:52 or 7:58. That they had called the police. They
did. Then they called my house and I was not there. I was on my way home
because I had stopped somewhere else before. And, you know, it's incredible.
I cannot believe that this is happening. I cannot believe that. Then, to add
insult, OK, on top of injury, I called the Police Department again today after
all this happened. I speak to the same Officer Caballero. And I say to
Officer Caballero, I need to speak to Sergeant Otto Delforn. He's not here.
Well, when is he there? Well, he's in the street. He'll be here 2:00 or
3:00. I said, look, I have called eight times. My office has been robbed
twice already. Vandalized outside once. What do I have to do to talk to the
Police Department? And I was hoping, Vice Mayor, that you would set up an
appointment for me to see the Chief of Police because if that's what it takes,
I want to talk to the Chief of Police.
Vice Mayor Alonso: I certainty will.
Mrs. Morales: I want protection. Why can't I have protection? I cannot, in
my mind, I cannot believe that the Police would let me be killed because I
didn't pay $25.
Vice Mayor Alonso: I want you to know that I couldn't agree more with you.
That's why I brought this object today to the City Commission for discussion.
That's why I brought this in the morning and that's why I asked you to come to
us in the afternoon. I addressed the problem of CAMACOL, that it was a
similar instant, and now yours, and it seems to me that something has to be
done to stop... whatever system we have is not working, and it has to be
changed. And it has to be addressed. And I certainty would like to hear from
the City Manager and the Police Department on this matter and what kind of
logical response can they provide to us. So far, what I have heard provides
no satisfactory answer. The people out there are having problems. We have a
serious problem with crime. And then, if the Police Department is not going
to respond, well, why do we charge taxes to the taxpayers? We might as well
tell them, well, we are not going to have any Police Department and you just
use the money and do as you please. Get your own protection. Take care of
that yourselves. Whatever is needed. But how can be possibly justify to the
community, I have no answer. I really don't have any answer.
Commissioner Plummer: Madam Clerk.
Mrs. Morales: I want to know, because...
206 January 9, 1992
Commissioner Plummer: Wait, wait. Madam Clerk. I would ask you to research
the record. Less than a year ago, I brought this to the attention of the
Manager. It was the policy of this Commission and the concurrence with the
Manager that that would change. Obviously, the direction and policy of this
Commission has not been taken into consideration. I said to the Manager a
year ago...
Mr. Odio: We'll look for the transcript.
Commissioner Plummer: ...and get the transcript... that I felt that the City
was in a liable situation by not responding. Establish a fee if, in fact,
they are not in compliance with the ordinance, make it a fee that would make
it damn uncomfortable. The City of Coral Gables has such a fee. If you don't
take out a permit and you are on no response after twelve response false
alarms in one year, you pay $200 for every response by the Police Department
thereafter. But we could not sit back and not have the Police respond. They
have what they call by the dispatcher an NR, No Response, and you will hear it
all day long. That that address is an NR, and they will not respond. Madam
City Clerk, there is no question that we brought this up before. It was my
understanding that the Manager, in concurrence with the Manager, that this
matter would change and obviously it has not.
Mrs. Morales: It cost us, the first time, about $50,000, OK? We're doing
what we have to do. They say put in an alarm, we did that. I don't know what
else we have to do. I feel like we are on our own. When I heard that today,
I said we have no protection. Again they came and they stole $2,000 today,
they took a fax, that's the only thing they took, they took a fax machine, a
Panasonic fax machine that was $2,000, OK? Now, I want somebody to tell me
what we have to do other than carry a gun to protect ourselves. Because the
police won't come because I didn't pay $25. And it may sound absurd to other
people, but to me, I am in a state of shock since I heard that. Because I
could be very well killed. I leave that office at 7:30, 8:00, 9:00, 10:00. I
have left my office at 11:00 at night and are you telling me that because I
didn't pay $25 they're going to have a gun at my head, I'm going to come back,
that alarm is going to start ringing and they're not going to come and they're
going to let somebody kill me? If you're going to have some sort of a meeting
or something like that, Madam Vice Mayor, I would like to know. I would like
to be there, I would like to be present and I would like to hear whoever it is
comments about what we, as citizens, should do other than what I have already
done. And besides that, still no phone call from that sergeant, so my loss
doesn't mean anything to anybody except to us. I haven't even had the
courtesy of a reply call and I feel very angry about that. And I demand that.
Now I am demanding that.
Vice Mayor Alonso: You have every right.
Mrs. Morales: It's a month.
Mayor Suarez: Uh, Commissioner...
Commissioner Plummer: Mr. City Attorney, is it within our purview to
immediately enact an ordinance as similar to Coral Gables for those who have
not taken out a permit and for those who have not complied with the
twelve ... is it twelve in a year? I think it's twelve false alarms in one
207 January 9, 1992
1(
year ... that we can institute a fee of, say $200, $250, per occurrence. Is
that within our purview? -
Mr. Jones: It's within your purview, but Commissioner Plummer, there is, and
Chief Gibbs will correct me if I'm wrong, there is an ordinance in place
already that charges...
Commissioner Plummer: No, no, no. No, the one right now is exactly her
problem. After the twelfth false, in a twelve month period, if I'm correct,
they are placed on an NR, no response, until they come forth with a letter
certifying, by a legitimate company, that the matter has been corrected. OK?
And then they can go back and start all over again in the following year.
What I'm saying to you is, is that we don't, in fact, don't respond. But when
we do, that we make it so expensive that it will... what we tried to do from
day one, was not to make money off of this, but to stop the use of police
officers wasting their time answering false alarms. That's still what we're
trying to accomplish. Can we enact and ordinance now or an amendment to the
present ordinance for those who have not taken out a permit, for those who
have run their twelve times in one year, that we will charge $250, whatever
that number is, I think $250 is a good fee, per occurrence thereafter?
Mr. Jones: It certainly is with...
Vice Mayor Alonso: It would be a good idea too that we start thinking about
another ordinance in which we pay to the citizens when they go through the
experience of calling and waiting 45 minutes and getting no response
whatsoever.
Mr. Jones: Commissioner Plummer certainly it is within your purview to make
such an amendment. I would only say that I don't think it would be proper for
you to make it at this point and to not rush hastily into it. What comes to
mind with me is what happens if you enact such a fine and they don't pay it?
You're really in the same situation.
Commissioner Plummer: Well, let me tell you what Coral Gables does. They've
of 30 days to pay the fine and if they don't they impose another fine of
200.
Commissioner Dawkins: And if they don't pay that one?
Commissioner Plummer: Then they are cut off.
Mr. Jones: I would be prepared to...
Commissioner Plummer: Then they have taken the decision not to have a police
response.
Mr. Jones: I would be prepared, at your instructions, to prepare such an
amendment to bring back at the next meeting.
Commissioner Plummer: In conjunction and cooperation with the Police
Department, I expect you to be back here at the next meeting with some
solution.
208 January 9, 1992
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: This brings up what I wanted and that's dealing with
the deployment... how many officers do we have on the police force now? -
sworn officers. Thank you, ma'am.
Lt. Longueira: Commissioner, we're going to have...we have some of that
information but we weren't prepared at this point because it was schedule
later in the meeting. We have people coming with all the information. If we
could wait until they...
Commissioner Dawkins: OK, all right, I'll... what zone is this lady in?
Commissioner Plummer: Seventy.
Lt. Longueira: She's in 70 sector.
Commissioner Dawkins: Wait a minute now. What's the difference inn a sector
and a zone?
Lt. Longueira: A sector is a large area in the City. There's eight sectors
in the City.
Commissioner Dawkins: Eight sectors?
Lt. Longueira: Yeah, there's two in the north, three in the central, three in
the south, south of the river. OK. And in those sectors, they could be made
up from anywhere from five to eight zones.
Commissioner Dawkins: So in where she is ... how many sectors where she is?
Commissioner Plummer: Sectors.
Lt. Longueira: Well, she's in a sector.
Commissioner Plummer: One sector.
Commissioner Dawkins: You just told me that it's...well, all right if she's
in a sector, how many sectors are around her?
Commissioner Plummer: No, how many zones.
Lt. Longueira: How many zones? There's about eight probably.
Commissioner Dawkins: All right, hold it now. How many sectors you got?
Commissioner Plummer: Eight.
Commissioner Dawkins: Eight, so now that must be a... OK, so she's...there's
got to be a sector around her if you got eight.
Mr. Al Cotera: She's bordered by two.
Commissioner Dawkins: Beg your pardon?
209 January 9, 1992
Mr. Cotera: She's bordered by two other sectors. -
Commissioner Dawkins: All right, what are the two... all right, so she's in
seven, right? -
Mr. Cotera: Yes.
Commissioner Plummer: Seven.
Commissioner Dawkins: What are the two north or south or east or west of her?
Mr. Cotera: Sixty is to the east and...
Lt. Longueira: Eighty to the south.
Commissioner Dawkins: All right, now... and off the top of my head, how many,
how many men, how many officers, male, female or whatever, are in a zone on
duty at one time.
Lt. Longueira: It's different all over. A zone could have a one-man or a
two -man car.
Commissioner Plummer: To answer his question, primarily there are one two -man
car to a zone, to a sector and the rest are one-man cars. That's the primary,
normal results.
Commissioner Dawkins: Say what, now?
Commissioner Plummer: In a sector, you normally have one car, one zone is two
men and the rest of the zone is one man. You have the potential of nine zones
in a sector.
Commissioner Dawkins: So, nine zones in a sector?
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: And in...it's nine zones...and in each zone there's one
car with two people in it, right?
Commissioner Plummer: And the rest are one man, is the norm.
Commissioner Dawkins: How many is the rest?
Commissioner Plummer: How many is what?
Commissioner Dawkins: How many cars is the rest? Ten cars, four cars,
fourteen cars, nine cars?
Commissioner Plummer: In regular patrol?
Commissioner Dawkins: Covering the sector. I don't care what it is.
210 January 9, 1992
Commissioner Plummer: Well, that would be a very difficult because it's... if
you have a task force, for example.
Commissioner Dawkins: It's different all over?
Commissioner Plummer: It's ... all over, it's different. OK, you can have in any given sector at one time as little as twelve men and as many as eighty.
Commissioner Dawkins: Wait a minute, you lost me now.
Commissioner Plummer: OK.
Commissioner Dawkins: You say as many as twelve, I mean as many, as little as
twelve or as many as eight. Now get yourself together.
Commissioner Plummer: OK, that's exactly what I said. That's exactly what I
said and that's the reason I asked you are you talking about regular patrol.
Commissioner Dawkins: No, no, no. No, either twelve is greater than eight or
twelve, and eight is lesser than twelve. But it can't be...
Commissioner Plummer: As little as twelve and you could have eighty, you
could have seventy.
Commissioner Dawkins: Eighty? Eighty?
Vice Mayor Alonso: Eighty.
Commissioner Dawkins: Oh, you're not saying eight?
Commissioner Plummer: Eight oh (80)
Commissioner Dawkins: You can have eighty people on at one time in a zone?
Commissioner Plummer: If ... not in a... in a sector by virtue of the fact if
they put a task force in there, if they put a robbery team...
Commissioner Dawkins: I don't need, I don't need a task force. I need a day-
to-day operation of the Police Department with or without incidents without a
task force, without a sting, without a prostitution sting, whatever.
Commissioner Plummer: Twelve to twenty four.
Commissioner Dawkins: Twelve to twenty four.
Commissioner Plummer: And the twenty four occurs where there are overlapping.
Commissioner Dawkins: All right so now twenty four, half of twenty four is
twelve.
Commissioner Plummer: That's max...
Mayor Suarez: over here, just so you know.
211
January 9, 1992
Commissioner Dawkins: See, you know, you know, see, you see...
Commissioner Plummer: ...to a sector.
Commissioner Dawkins: Hey, listen, listen.
Commissioner Plummer: Wait a minute, wait a minute. Let me argue it out.
Commissioner Dawkins: You listen to me.
Commissioner Plummer: I'm talking about Al.
Vice Mayor Alonso: He's saying that it's...
Commissioner Plummer: I'm talking about overlap.
Commissioner Dawkins: You three listen to me. You three. You three listen
to me. All right? When I get through with this pseudo -Police Chief, I will
hear from you professionals, DO But let the pseudo -Police Chief get
finished. Go ahead, pseudo.
Commissioner Plummer: Your answer to your question is the potential is twelve
to a sector...
Commissioner Dawkins: So half of twelve is six.
Commissioner Plummer: No, double twelve...
Commissioner Dawkins: Go ahead.
Commissioner Plummer: ...where you have overlapping shifts on a four ten
schedule...
Commissioner Dawkins: And you have twenty four?
Commissioner Plummer: You can have as many as twenty four.
Commissioner Dawkins: Half of twenty four is twelve. Half of twelve is six,
so that's eighteen. So, we're talking about an average of eighteen people?
Commissioner Plummer: I would say that's probably right.
Commissioner Dawkins: Right now. So, therefore, in the zone where she was
attacked, it was eighteen people?
Commissioner Plummer: Twice a day overlap.
Commissioner Dawkins: Eighteen people were perhaps in the zone when the
incident happened in her place?
Commissioner Plummer: Depending on the time is the overlap.
Lt. Longueira: No, at the time hers occurred, there were not eighteen people.
212 January 9, 1992
Commissioner Plummer: There were no overlap.
Commissioner Dawkins: Now, you keep quiet now. Let me hear from the
professionals.
Vice Mayor Alonso: I live in a different city somehow.
Commissioner Dawkins: OK, go ahead, ma'am. Go right ahead, ma'am.
Vice Mayor Alonso: I don't see that.
Commissioner Dawkins: Go ahead. You want to say something, madam?
Vice Mayor Alonso: No, I just want to say I live in a different city. I
don't see that many police in the area.
Commissioner Dawkins: OK. All right, now. All right, Joe, how, now,
-� professionally, how many policemen are in a sector? On an average? Seven?
Mr. Cotera: Six.
Commissioner Dawkins: Six? Six?
Vice Mayor Alonso: That's my city.
Commissioner Dawkins: All right, now. So, therefore...
Mr. Cotera: Six to seven per shift.
Commissioner Dawkins: OK, all right. So there's a possibility that when the
incident happened at her place, there were six policemen in that area?
Mr. Cotera: Correct.
Commissioner Dawkins: OK, now. According to her, and I agree with her, what
were they doing?
Mr. Cotera: Pardon?
Commissioner Dawkins: Now, she got, her place got robbed, OK? It was robbed
all night long. The door standing open all night. She comes the next morning
and finds it open. We've got six officers in that area supposedly riding
around in vehicles. Where were they that nobody saw her place?
Lt. Longueira: Commissioner, that area, just so you understand, goes from
27th Avenue on the east to the City limits on the west, from Southwest 8th
Street up to the River.
Commissioner Dawkins: OK.
Lt. Longueira: So it's a very large area.
Commissioner Dawkins: So, therefore...
213 January 9, 1992
Lt. Longueira: They're patrolling.
Commissioner Dawkins: ...so, therefore, even J. L. Plummer, being an
_ inexperienced policeman, would know that that's not enough men. It don't take
a Ph.D. in criminal justice to know that if that area is that size, then it's
undermanned.
Commissioner Plummer: No question.
Commissioner Dawkins: OK, so one of the problems, Miss, is we ain't got
nobody out there to serve you. That's one of the problems. Go ahead, Joe.
Lt. Longueira: Commissioner, at seven in the morning, or six or five, we
don't have a high load of calls for service. We have six...
Commissioner Dawkins: Beg your pardon?
Lt. Longueira: We don't have a high volume of calls for service. We have six
policemen riding around. For all we know, a policemen could have passed that
business twenty minutes before they broke into it. Ten minutes. Two minutes.
Criminals, they are not stupid. They see a car, they wait till he goes by,
they do it.
Commissioner Dawkins: Oh, and they're professionals.
Lt. Longueira: We've had policemen watch a strong-arm robbery in their
rearview mirror and chase the people on foot. I mean, they're that bold. We
can't control how bold they'll be. We're there.
Commissioner Dawkins: But, OK.
Lt. Longueira: We'll chase 'em. We'll try and do it. But they do wait for
us to go by.
Commissioner Dawkins: All right, let's get back to the basics. This lady,
along with the rest of us who reside in the City of Miami, not like the
firemen and police who don't live in the City of Miami, we pay taxes. The
taxes are supposed to provide police, fire... police protection, fire
protection and sanitation. Now, what does she get for her tax dollars? When
her place was broken into, what did she get for her tax dollars?
Lt. Longueira: Once when the place was broken into... when we're aware that a
crime occurred, we make the police report... the initial response, the police
report. At that time, the report is analyzed to see what is there to work
with to investigate. If there's no fingerprints, if there's no witnesses, if
there's no evidence at all, the only thing that really occurs is her property
is put into the national crime computer so that we can track it, if it comes
up somewhere. But there's nobody else to talk to, OK? You have to
understand, we have thousands and thousands of crimes a year. We can't work
every one of them and this is a standard practice in all of law enforcement.
It's called prioritization and it's called... they analyze a crime for
solvability factors. If those factors are low, we don't work the case, unless
something comes up.
214 January 9, 1992
Commissioner Dawkins: But, Joe, like I said, those of us who live in the City
of Miami think, and God knows I'm one of them, that if something happens to my
house in my neighborhood, I am due the respect of a policeman coming to at
least let me know he's, concerned. And this lady said she's called all day,
all night and nobody responded. Yes, Chief.
Lt. Longueira: Just on that issue, on her making the call, that's
unacceptable. And that's unacceptable to me. I'm going to resolve that.
We're going to resolve that issue.
Commissioner Dawkins: Oh, yeah, I know you'll handle it. I'm just saying...
all right, OK. But, also, this priority is a joke. I was at a lady's house,
in fact I happened to drop her off. She went inside and found her husband
dead. It took three hours and then when... and I... it's because I was the
Commissioner. I guess it would have been six if I had not been the
Commissioner. In three hours they came and they sent a guy on a motorbike to
pronounce him dead so that the undertaker could take it out. And when I asked
him what happened, they said that is not a priority; he was already dead;
there was nothing we could do. But, here this lady is hysterical because her
husband is found dead. You know, somewhere along the lines, we have got to do
three things. Provide police service to the people; get policemen to service
the people; and meet the needs of the people. Now, I had a lot of other stuff
to say, but Joe says coming in, and he doesn't have the people here to provide
me with the information, so I sympathize with her and I guess since she's
here and all the policemen standing up here with me, they'll probably break in
her place again now.
Vice Mayor Alonso: That's right.
Commissioner Plummer: Chief Gibbs, how many sworn officers in the burglary
department?
Chief Arnold Gibbs: I'm unable to address that question accurately because
It's not my division, but I believe there are eight... is it twelve? Twelve
officers there.
Commissioner Plummer: Commissioner Dawkins, there are twelve sworn officers
in the burglary.
Commissioner Dawkins: Hold it, J. L., let me say something because I heard
you said it, and pardon me for cutting you off, to that lady burglary or
robbery means nothing. It's that her place was attacked.
Commissioner Plummer: Well, if it was in fact, it would make a big difference
because, one is they break in your building, the other one, they stick a gun
in your face. There's a big difference if she was confronted.
Mrs. Morales: But it would have made no difference.
Mr. Cotera: There's fifty six hundred burglaries in the City of Miami...
Commissioner Plummer: How much?
Mr. Cotera: Fifty-six hundred.
215 January 9, 1992
■
d
Commissioner Plummer: You're wrong. There were twenty-six thousand
0
burglaries last year. -
Commissioner Dawkins: Go ahead, Assistant Fire Chief.
Commissioner Plummer: In the City of Miami... had twenty-six thousand
burglaries. Am I right, Joe?
Mayor Suarez: All right, for the next Commission meeting, let's have
agreement on whether it's fifty-six hundred or twenty-five thousand. There's
about a factor of five difference there.
Commissioner Plummer: Well, let me tell you...
Vice Mayor Alonso: Mr. Mayor. But the fact of the matter is something has to
be done. We cannot continue to disrepect the citizens of Miami ignoring the
problem. We have to address... Commissioner Dawkins has mentioned a case, his
being a Commissioner. In my case, one block from my house, in a property of
mine, it took 45 minutes to respond and they did respond because I was able to
get hold of Commissioner Plummer and the City Manager. Then they came, after
I expressly said I'm going to get a gun and I'm going to walk into the
property and I'm going to take care of the problem. That same property of
mine I have had break-ins at least, after being a Commissioner, at least three
to four times. Do you know what? I don't call anymore. I'm a member of this
Commission. Are you going to tell me how the general public feels? We really
have to address this problem. I know it's not easy to resolve, but we have to
do something drastic if we want to begin to address this problem. I don't
think we are taking this as serious as it is. And I want you to know that
those outside in the real world, they are getting tired. And something will
have to be done.
Mayor Suarez: And that's how they're going to evaluate us?
Vice Mayor Alonso: Yes.
Mayor Suarez: And that's how we're going to evaluate you. Let me tell you
more specifically, Chief, you were beginning to tell us a little bit about the
sectors. And it's interesting that you would use multiples of ten. Ten
sector, twenty sector, thirty sector. Isn't that the way 1t goes? It's not
one, two, three, four, five, six, seven and eight. It's ten, twenty,
thirty... I think someone somewhere envisioned that each one of those would
then be divided into ten.
Vice Mayor Alonso: Neighborhoods.
Mayor Suarez: Yes. Well, if you didn't envision... start envisioning this,
folks, because that's the way we look at it. That's the logical way to look
at it. And, hopefully, as I mentioned to you, Al, the union would be
proactive in this. You're very proactive when it comes to union benefits and
union contracts. Now we need you to be proactive when it comes to law
enforcement and to the service that your members render to this community and
that are going to enable us to be eval ... you to be evaluated and us to be
evaluated for what we decide is the policy of this Commission. Ultimately,
216 January 9, 1992
i
Chief, and you and I have talked about it, too, it doesn't seem to have any
effect whatsoever on this Administration, at least I have these many memos on
it. But, maybe somewhere, along the line, somebody will take it seriously as
the Vice Mayor just said because it's going to be a political imperative and a
survival imperative to at least consider, to at least consider our common
sense that tells us, as Commissioner Dawkins was just kind of hinting and Vice
Mayor Alonso has done before and I know Plummer must think about it because
he's kind of a one-man gang in all of this in Coconut Grove, but you can't do
the whole city that way. When you are going and when we're going to have,
because we're all in this together, the City subdivided, not only into those
sectors but into sub -sectors where we have someone responsible and not someone
like Lieutenant Longueira said, who is off duty or whatever the term he used
is, someone who is a lieutenant or a captain or a major, let me forget
sergeants now, maybe that's going a little bit too closer to the patrolmen and
we can't expect that of them, but someone in a rank getting paid, as most
Lieutenants get paid and higher, at least $50,000 a year, in the high 401s. I
think I'm not misstating anything there, who feels responsible for his
district, sector, regio;i, neighborhood, whatever the hell you call it, twenty-
four hours a day. It has his or her name. It has his or her home address,
because they've got our home addresses and sometimes, in the case of Plummer,
his home number. I mean you could reach the guy, just dial P-L-U-M-M-E-R,
folks, and you get the guy, sometimes, when he's there. Now, when are we
going to have somebody react and say, you know, that really makes sense. We
have gotten away from that over the years. We have come up with a system of
high-tech, with cars patrolling at full speed and I admit they can communicate
very well with each other. I have, from time to time, pointed to a crime
being committed and you respond very quickly. Of course, the call coming in
from the Mayor, I'm not sure that it would be such an easy response. And I
know who to call. I know the complaint sergeant. I don't even know why the
hell he's called a complaint sergeant. That's a horrendous name.
Vice Mayor Alonso: The female Commissioner gets no action.
Mayor Suarez: The complaint sergeant... it shouldn't be the complaint
sergeant, it should be the dispatch Officer, the one who responds. I don't
know, I don't know what the heck that name should be. But, anyhow, it's
called a complaint sergeant, folks, in case you want to know. 579-3449. It
works pretty well. But, when are we going to have somebody with a name, and
an adress and a title responsible for each of these sub -sectors? So that it
isn't always you. You know how many times a day and a week I mention Arnold
Gibbs to people? Talk to Arnold Gibbs. We refer everything to Arnold Gibbs.
Chief Gibbs: They call me anyway.
Vice Mayor Alonso: I know.
Mayor Suarez: This is ridiculous. We've got a thousand officers. There's
got to be fifty Arnold Gibbs. There's got to be fifty Coteras and fifty
Longueiras and fifty Plummers and fifty Dawkinses going out there and
responding to crime and patrol the city. There's got to be fifty of those
folks and we've got to identify them, we've got to pay them and we've got to
put them in charge of a neighborhood until that person believes that, at the
end of the year if crime doesn't go down in that neighborhood, that person has
not had a good year because we see the whole City and we have not had a good
217 January 9, 1992
year in crime. So, if you believe in that and if you're able to give us a
plan, if you, as the head of the union, Lieutenant, Mr. Manager, you are going
to help us to be responsible to the people who elect us. And they're
evaluating us on this.
Commissioner Dawkins: Well, Mr. Mayor.
Mayor Suarez: And we're going to evaluate you on it, too. And that concludes
the Administration. Yes, Commissioner.
Commissioner Dawkins: Mr. Mayor. Everything you said is correct. But you
cannot expect a lieutenant, a captain, a major or anybody else to be concerned
about what the hell is happening on 50th Street and 13th Avenue where I live
when he lives in Cooper City, Fort Lauderdale, West Palm Beach, Kendall...
Mayor Suarez: I forgot to add that, and that they have to live in that
district. I'm sorry. And they should get paid additionally for living there
if that's what it takes and if not, they should have benefits taken away,
whether it's a car or... I don't want anybody to drive a car in this City who
doesn't live in the City of Miami.
Vice Mayor Alonso: I'm in favor. Incentives, whatever it takes to resolve
the problem.
Mayor Suarez: People are taking cars outside the City, to their homes outside
the City, and they're incurring liability for us and we're paying for it.
Commissioner Dawkins: And that same officer who you expect to respond like
she, hey, the...
Commissioner Plummer: Xavier, Xavier, there's no taking of cars out of the
City.
Commissioner Dawkins: ... by the time...
Mayor Suarez: Yes, there... I'm sorry... yes, there are take home cars in the
City that go outside the City of Miami.
Commissioner Plummer: Not the Police Department.
Mayor Suarez: Not patrol cars...
Commissioner Plummer: Ah, ah, ah.
Mayor Suarez: ... but other take home cars...
Vice Mayor Alonso: Yes, yes.
Commissioner Dawkins: Yep.
Mayor Suarez:.. of high-level administrators or detectives and other people.
Not a single City car should be given to anyone who doesn't live in the City
of Miami. How many times are we going to say that to you, Mr. Manager, before
we decide one day that that's going to be the test of your continued
administration, here?
218 January 9, 1992
(APPLAUSE).
Commissioner Dawkins: But, you see, we sit up here as J. L. and all of us
say, we say things and don't nobody hear what we say. Right now, Al, come to
the mike, Al. I'm just going to show you that don't nobody pay attention to
what we say. We agreed with the union that every man who lived, every
officer, who lived in the City of Miami would have a take-home car. How many
men who live in the City of Miami that do... and that was agreed on here with
this Commission, okay? How many of them do not have a car?
Mr. Cotera: Last month there were nineteen, we're expecting the new cars...
Commissioner Dawkins: How many of them do not have cars as of today who live
in the City?
Mr. Cotera: Today? Nineteen.
Commissioner Dawkins: Nineteen. See? And we said give them to them. But
don't nobody...
Mr. Cotera: The cars, in all fairness, the cars were ordered and we will
have...
Commissioner Dawkins: Al, Al...
Mr. Cotera: ... as a matter of fact, we had four more people move into the
City.
Commissioner Dawkins: Al, when I voted to buy the cars, they were supposed to
buy them and have them here to go home. I can understand you not wanting to
make the Manager angry. I can understand you not wanting to make the Police
Chief angry, okay...
Mr. Cotera: If he gives me a reason, I'll make him angry.
Commissioner Dawkins: ... but the fact is that this Commission said give, as
an incentive, take home cars to the City of Miami Police who live in the City
and nothing's been done about it.
Mr. Cotera: I agree with you, sir. As a matter of fact, like I said, now
we're up to twenty three because four more people have moved into the City.
So, it is working as an incentive.
Commissioner Dawkins: Of course it is. But nobody, I mean they don't care
what we say up here, and...
Mr. Cotera: As a matter of fact, the striping of the vehicles is on your
agenda for approval.
Commissioner Dawkins: ... and the Mayor has been preaching this ever since
he's been here, okay? Now, I've been waiting, and I'm going to go through it
again, we set up POP (Push Out the Drug Pushers) in Liberty City. POP was
working well. And then the Miami Chief of Police and the City Manager got a
bright idea to take my concept of POP, rename it, what is it, EON, CEON...
219 January 9, 1992
6 io
Mayor Suarez: NEON (Neighborhood Enhancement Operation Network).
Commissioner Dawkins: NEON.
Mayor Suarez: As in neon lights.
Commissioner Dawkins: And move it from Liberty City to Biscayne Boulevard.
Mayor Suarez: J.L. likes that.
Commissioner Dawkins: Now, I'm not getting any service for POP. NEON has not
come down the Boulevard to Edgewater as it was supposed to do. Coconut Grove
does not know anything about NEON. So now, somebody te11 me what has
happened, and this is using J. L. Plummer's, the task force of POP and the
task force of... not you, because they don't pay you, let one of the people
they pay to tell me this... the task force of NEON?
Commissioner Plummer: Well, let's go back a step.
Commissioner Dawkins: Go right ahead, J. L., any time.
Commissioner Plummer: NEON did not come from POP. You were the one that
brought me what NEON was from Atlanta called RED DOG.
Commissioner Dawkins: Yep, well that's what POP was.
Commissioner Plummer: I brought all of the material down here and they didn't
like RED DOG. Yet they instigated RED DOG and called it NEON. Amazing.
Lt. Longueira: Commissioner.
Commissioner Dawkins: That's POP. We did the same thing with POP, J. L. We
went up there, so like... go ahead, Joe.
Lt. Longueira: We still have POP. We have one lieutenant, a sergeant, six
officers in POP.
Commissioner Dawkins: You have a skeleton of POP. Let's call a spade a spade
now. You have a skeleton that you call POP.
Lt. Longueira: Okay, I'll tell you what...
Lt. Longueira: ... I think three years ago there were eight officers, now
there's six.
Commissioner Dawkins: Beg your pardon?
Lt. Longueira: Three years ago, there were eight officers, now there are six.
Commissioner Dawkins: Okay. Eight officers, you got six officers. When is
the high... that's a lie because it's twenty-four hours a day high crime in my
area. But when is the highest area of drug activity in my area?
220 January 9, 1992
Lt. Longueira: Probably from 5:00 til midnight.
v �
Commissioner Dawkins: Five to midnight. Okay, I'm going to do you better
than that. 5:00 to 4:00 a.m., because I go out after midnight and I... okay,
now you got six men, when do they work? In the POP program.
Lt. Longueira: Three p.m. to 1:00 a.m.
Commissioner Dawkins: Three p.m. to one...
Lt. Longueira: A.M.
Commissioner Dawkins: All six of them? So, therefore, if the drugee decides
that he does not want to work, I mean he wants to sleep from 3:00 to 1:00 and
sell drugs from 1:00 to 3:00, what happens?
Lt. Longueira: We have patrol officers that make drug arrests, we have patrol
officers that are assigned and directed...
Commissioner Dawkins: Do you have a patrol officer that will carry on the
same POP policy or, I'm going to be like J . L. , the RED DOG policy that we
copied from Atlanta?
Lt. Longueira: No, the...
Commissioner Dawkins: See, so, you see but yet and sti 11 now, I am the one
that the Manager told me when everybody retired, that there would be no
reduction in services. Guaranteed me that we would get the same level of
services that you are getting now. And now my POP has dropped from eight
officers to six, how many officers have dropped from NEON? Whatever you all
call it.
Lt. Longueira: We're getting ready to... NEON's not active now. We're
getting ready to start a new operation.
Vice Mayor Alonso: It's not working, is it?
Commissioner Plummer: No.
Vice Mayor Alonso: No? I knew it wasn't.
Commissioner Dawkins: Ooh, wait a minute now, wait now. Wait now.
Commissioner Plummer: There's no NEON. The NEON went out.
Commissioner Dawkins: Why?
Vice Mayor Alonso: Sure, NEON went out.
Commissioner Dawkins: Why and when? Why and when?
Unidentified Speaker: This is Greek.
Chief Gibbs: Operation NEON is not terminated. We finished the area that we
started in and now we have targeted another area of the City which we're going
to be going into real soon.
221 January 9, 1992
.7
Commissioner Dawkins: Now, you finished the area that you started in. Now,
I'm going to ask you something that you don't have to answer if you don't
want. You finished the area that you were working in. Is the area, the drug
flea market on 61st Street and 60th Street operating less fluently or more
fluently, at this time, would you say?
Chief Gibbs: All right...
Commissioner Dawkins: Just off the top of your head.
Chief Gibbs: Less fluently or more fluently?
Commissioner Dawkins: Yes.
Chief Gibbs: Now against...
Mayor Suarez: Compared to when?
Chief Gibbs: When?
Commissioner Dawkins: Compared to my lifetime.
Chief Gibbs: That's a tough one.
Mayor Suarez: They didn't have drugs when you were born.
Chief Gibbs: Commissioner, what we have happening...
Mayor Suarez: They used to bleed people to death when they were sick.
Commissioner Dawkins: Okay, I'll say it another way. Do you feel,
professionally, that when you clean up... no, wait a minute... when you
completed the task, wherever you went on Biscayne Boulevard...
Mayor Suarez: The sweeps you can call it.
Commissioner Dawkins: ... all right... that there was not a need to continue
on down the Boulevard to Edgewater?
Chief Gibbs: Oh, I absolutely felt that.
Commissioner Dawkins: Now, do you feel that when you completed the task where
you were, that it was not advantageous to move back west to Liberty City and
take that same task force and attempt to clean that area up?
Chief Gibbs: It would have been advantageous to that area.
Commissioner Dawkins: Would you say professionally?
Chief Gibbs: Yes, it would have been advantageous to that area.
Commissioner Dawkins: Now, who made the bright idea to terminate it?
222 January 9, 1992
Chief Gibbs: It hasn't... I think, and it's my fault, perhaps, I haven't
explained it. The operation has not been terminated. Operation NEON is aimed
at moving throughout the City.
Commissioner Dawkins: Where are you now then?
Chief Gibbs: We're a couple of weeks, less than a couple of weeks away from
entering the next area, which I can't say publicly because of...
Commissioner Dawkins: Okay, I know... you don't have to... we'll see when we
see it there. I want you all to know that me and everybody who lives west of
18th Street...
Commissioner Plummer: Eighteenth Avenue?
Chief Gibbs: Eighteenth Avenue.
Commissioner Dawkins: Northwest.
Commissioner Plummer: Eighteenth Street?
Commissioner Dawkins: Yeah, east of 18th Street...
Chief Gibbs: Avenue.
Commissioner Plummer: Avenue
Commissioner Dawkins: East. East of 18th Street. Between 71st Street and
46th Street and west of 6th Avenue, we are concerned. And we'd like to know
what you are planning to do to come back in there with the POP program and go
ahead.
Chief Gibbs: If I may, Mr. Commissioner. In that area you're just
describing, we have things in place that are not happening in other parts of
the City. We applied for, and were awarded a grant called the HIDTA,High
Intensity Drug Trafficking Area, which targets that area. It puts in there
somewhere between, at any given time, seven to fourteen additional officers
working pure at narcotics work. The heaviest time... well, I'm not at liberty
to say that now, but it's being done above and beyond the normal POP officers
that are in that area. Additional to that, we have a five -man, six -man anti -
robbery team that's assigned to that area. Right now I think the important
thing is that I'm aware of your concern about your area and I can say to you
that your area has not been excluded from the NEON operation. NEON has not
been terminated and we will get to that area, but for now, you have things in
place in that area that I didn't want to say too much about right now, but...
Mayor Suarez: You can do that privately too with the Commissioner.
Chief Gibbs: I will sit down with you though, Mr. Commissioner, when you have
a chance.
Commissioner Dawkins: Okay, do you have the information now as to the
sectors. I see the Chief is here. Or did you... you had sectors and when I
said I wanted to get into the sectors and to the zones, do you have that
information now? Did they bring it yet?
223 January 9, 1992
Chief Gibbs: Yes.
Commissioner Dawkins: Okay.
Chief Calvin Ross: What is your question, Commissioner?
Commissioner Dawkins: Okay, Chief. How many sectors are in the City of
Miami?
Chief Ross: There are eight.
Commissioner Dawkins: Eight sectors.
Chief Ross: Yes. And each one of those sectors are represented by zones,
there are several zones within each sector. Most recently, we did a
reorganization of those sectors and those zones. We increased the number of
zones in certain sectors in order to get quicker response by the police
officers.
Mayor Suarez: To how many zones altogether, Chief, in the City?
Chief Ross: How many zones do we have total?
Unidentified Speaker: Fifty two.
Chief Ross: Fifty two.
Commissioner Dawkins: Fifty two zones?
Chief Ross: Yes, sir.
Commissioner Dawkins: Okay, now how many men are in each zone per shift?
Chief Ross: Well, that depends and it varies day by day. It depends on the
zone, it depends on the manpower that we have available. We prioritize
depending on the location, depending on the sector. For instance, for
instance, in the north end, in the north end, we have ten and twenty sector.
In ten sector, in zones 11, 12 and 13, those zones are represented by two -man
police cars. No other sector within the City have as many two -man police cars
operating at any given one time. The reason for that is the type of calls for
service and the type of crimes that we are experiencing In that particular
sector.
Commissioner Dawkins: In each sector, Chief, how many men are in... if we're
going to break the sector into ten or twenty zones, how many men per shift do
we have?
Chief Ross: Back in September, on September the 5th, if you recall, we
presented a deployment hearing here at the City Commission. At that time, we
gave to each one of. the Commissioners and those that were in attendance, a
copy of their deployment strategy at the Miami Police Department. For the
north end, the City of Miami...
224 January 9, 1992
Commissioner Dawkins: That's working out of the north station?
Chief Ross: That's correct. —
Commissioner Dawkins: Okay. Yes, sir. -
Chief Ross: We showed a total of 120.
Commissioner Dawkins: A hundred and twenty men a day? A shift?
Chief Ross: No, sir. That's a total...
Commissioner Dawkins: Total for the day?
Chief Ross:... of 120 assigned. That's correct.
Commissioner Dawkins: That's 120 for the 24 hour period?
Chief Ross: A total of 120 officers assigned to the north end substation.
Commissioner Dawkins: For... okay. Okay.
Commissioner Plummer: Chief, may I...
Commissioner Dawkins: Monday...
Commissioner Plummer: ... wait, wait. I have a question.
- Commissioner Dawkins: Monday, how many people were in the sector? - Monday.
Chief Ross: On Monday, in 10 Sector,.a total, on the day shift, there were
eight.
Commissioner Dawkins: Eight.
Chief Ross: On the afternoon shift, there were thirteen.
Commissioner Dawkins: Okay.
Chief Ross: On the midnight shift, there were ten. This is on Monday.
Commissioner Dawkins: Okay.
Chief Ross: In 20 Sector...
Commissioner Dawkins: Okay. Hold it, wait a minute. No, no, no. No, no,
no. Go to the same sector for Tuesday.
Chief Ross: On Tuesday, there were nine...
Commissioner Dawkins: Okay.
Chief Ross: ... on the day shift. The afternoon, there were fifteen. The
midnight shift, there were thirteen.
225 January 9, 1992
Commissioner Dawkins: Okay, Wednesday.
Chief Ross: Wednesday, there were nineteen on the day shift. There were
thirteen on the afternoon shift. I'm sorry. Wednesday, on the afternoon
shift, there were thirteen on the afternoon shift and on the day shift there
were nineteen. On the night shift, we had six.
Commissioner Dawkins: Six, okay. Thursday.
Chief Ross: Fourteen on the day shift. Twelve on the afternoon shift and six
on the night shift.
Commissioner Dawkins: Now, somebody over there explain to me how this section
can receive police protection when on one shift you got eight policemen one
day, the next day you got nine policemen on that shift, the next day you got
nineteen policemen on that shift doing the work that eight people did on
Monday...
Chief Ross: Not necessarily so.
Commissioner Dawkins: Well, hey, if you... evidently you didn't more people,
you didn't put more people out there than the eight.
Chief Ross: Allow me to explain this, Commissioner. The shifts that we
operate are overlapping shifts based on the calls for service, the type of
crimes and the location. The officers that we have assigned on the day shift
and the officers that come in on the afternoon shift, rather the officers that
are assigned on the afternoon shift come to work at 3:00 p.m. They're at work
until 1:00 a.m. Between the hours of 9:00 p.m. and 1:00 a.m. there is an
overlap of the afternoon shift and the midnight shift which means between
those high crime hours you will have both contingencies of officers from the
afternoon and the evening, or the midnight shift, on duty. So, as opposed to
having, on the afternoon shift, thirteen officers on Wednesday, you'll have a
total of nineteen officers in that area. That is not to include, it does not
include, the other special task force officers, the beat officers, the motor
units and any other specialized details that we have working in that area.
Commissioner Dawkins:
to me. Now, you told
Monday, on X shift, you
that shift.
Chief, Chief, I hear you. But, it's not making sense
me, and I'm going to repeat what you told me. On
had eight people. On Tuesday, you had nine people on
Chief Ross: On which shift? I'm sorry.
Commissioner Dawkins: On, what?
Mayor Suarez: The day shift.
Commissioner Dawkins: The day shift, whatever that is.
Chief Ross: That's the day shift. Yes, sir.
226
January 9, 1992
r
Commissioner Dawkins:
day shift.
Chief Ross: Yes, sir.
Commissioner Dawkins:
day shift.
Chief Ross: Yes, sir.
And then on Wednesday, you had nineteen people on the
Now, then on Thursday, you had fourteen people on the
Commissioner Dawkins: Now, you tell me that there is an overlap. So if there
is an overlap, on Monday you had an overlap to add to the eight people,
whatever that brought it up to. On Tuesday, if there was an overlap, you had
overlap added to nine. On Wednesday, if there was an overlap, you had an
overlap added to nineteen. And, if on Thursday there was an overlap, you have
an overlap added on to fourteen. I still can't understand how, with even...
and I'm just going to say eight plus X for the over, for the over, whatever it
is. I still cannot understand how, on Monday, you can cover an area with
eight people and on Wednesday, you need nineteen people to cover that area. I
can't understand that, Chief.
Lt. Longueira: Just remember on these, that this is the combined of the
primary and relief shifts.
Commissioner Plummer: This is the combined. It's broken down even to A, B
and C.
Lt. Longueira: Right, but what I'm saying is this is like 23. Elevem may
work Monday, Tuesday, Wednesday and Thursday and their relief guys are the
other half.
Commissioner Plummer: Hey, assigned, sworn, whatever they are, whether
they're relief or not, his numbers don't jibe.
Lt. Longueira: That's because he's talking daily. You have to almost...
Commissioner Plummer: This is dated.
Lt. Longueira: No, it's not Commissioner. This is the total people... you
have to split this in two to cover the days off.
Commissioner Plummer: This is the assigned, sworn personnel, whether they're
day off, relief or full time, it's the number.
Lt. Longueira: I know.
Commissioner Plummer: It's the number.
Lt. Longueira: Right, but he's telling actual staffing per day.
Commissioner Plummer: No, he's saying 1n 10 Sector, they got 120 and that's
not his own statistics.
Lt. Longueira: He's saying in the north district substation.
227
January 9, 1992
Commissioner Plummer: No, no, no, he said 10 Sector. Let's find out.
Chief Ross: Allow me, once again, to go through it and maybe I'll make it
just a little simpler. Maybe it's being a little too technical. On the day
shift, our day shift and based on our analysis of that area, based on the
analysis of calls for service and crime in that area, minimum staffing...
we've established a minimum staffing number, eight officers from six in the
morning or seven in the morning until 3:00 o'clock in addition to those
officers, the beat officers are there in that area during the day shift. The
motor units are there in that area during the day shift. Specialized units
are in that area during the day shift, so in addition to eight officers, the
eight officers I am referring to are in police patrol cars only. The critical
times for police service generally are from 4:00 o'clock, 5:00 o'clock and on
into the evening hours. The afternoon shift, once it kicks in, there is
generally a slight overlap but the greatest overlap is in the evening hours
when all of our crack addicts and all of our drug pushers are out on the
street and we have a great amount of crime in that area. The overlap from
9:00 p.m. to 1:00 a.m. we have the midnight shift and the afternoon shift
working that area. I don't know how simpler I can put it.
Commissioner Dawkins: Okay, Chief, Chief. I'm going to go back through it
one more time and then we'll leave it, me and you. Okay. We talked about the
same shift, we had one shift you call the day shift, the evening shift and the
night shift. That's what you called them.
Commissioner Plummer: A, B and C.
Commissioner Dawkins: All right, now. On the A shift, on each of these days,
these are the dates I gave you, I mean the men you gave me for the A shift, I
mean for whatever the day shift is. See, you didn't come down and say that
the high crime area or whatever. I asked you on these dates and I'm going to
give them to you again. Monday, on the A shift we had eight, on the day, on
the evening thirteen and the night ten.
Commissioner Plummer: Is that one... are you speaking of one sector, now?
Commissioner Dawkins: Yes, one sector. Whatever sector...
Commissioner Plummer: Not the north district but the... one zone, or sector.
Commissioner Dawkins: Chief, whatever you read to me from, that's what I'm
referring to. Then you told me on Tuesday, you had nine for the dayshift,
fifteen for the evening shift and thirteen for the night shift. Then you tell
me on Thursday, what you did with eight people on Monday, you got nineteen
people to do and at the lunch for the afternoon shift, you got the same number
of people you had Monday, thirteen, but you lost two that you had Wednesday
for fifteen. And then on the next day, for that morning shift, you got
nineteen which you had eight people for on Monday. That's what I'm trying to
find out. How we arrived at that. That's what I'm trying to find out.
Chief Ross: For the sake of clarity and for the sake of time, allow me to say
this. What we have presented to you in terms of numbers, are the simplest way
that we can put it. There are other factors involved in the numerical
228 January 9, 1992
differences between the different days, such as, overlap in terms of days off.
Keep in mind our officers are working four days on and three days off. That
will create certain days where you will have extra officers on one day that
you will not have on another day. Those are our relief officers. Let me just
complete this. What I would suggest to you, now, we can stand here and go
point by point if you so desire. I would suggest that in your chambers, that
we sit down and give you this information point by point, so that we know that
it's clear to you, and if there are suggestions or concerns you have, we can
clarify them or we can look at making some adjustments. The point is that we
can stand here and go through this until we are all clear on it if you would
like us to do that.
Commissioner Dawkins: You don't have to do but one thing. Tell, I mean, I
agree with you Chief. I mean, we are assuming time, you know, that the other
individuals out there have items that they would like to see. And I would
like nothing better than a half -of -day workshop where the Manager buy our
lunch and provide coffee and danish, where we sit down, because I'd be damn if
I could understand.
Chief Ross: Let me assure you.
Commissioner Dawkins: No, no, no, I am saying this, Mr. Mayor, and I'm going
to be finished with this and move on. I cannot understand, I don't care what
you tell me about overlap, underlap, or in my lap, how you can have eight
people on Monday and have nineteen on Thursday, and tell me that we're doing
the same thing. So, I'll take your suggestion, I'd like to sit down with you
and then in order not to violate the Sunshine law, I suggest that as you
explained it to me, maybe, somebody else want you to explain it to them.
Mayor Suarez: Chief, when you prepare for that, I've got three simple
questions that are all illustrative of the lack of what we perceive to be
common sense. Now, it's conceivable, it's conceivable, that these are all
counter -intuitive professional concepts that simply just don't enter into the
minds of lay people. It's conceivable. I am allowing that. I've been
allowing that now for six years plus, but we've got to explain it to them and
they don't understand it either. If you, tomorrow, wanted to have your whole
department... if the Manager said, Chief, or Commission said, get the whole
department together for one moment at James L. Knight, can you do that?
Chief Ross: The entire department?
Mayor Suarez: Yes, sir, the entire department.
Chief Ross: Yes, sir.
Mayor Suarez: You can do that?
Chief Ross: Yes, sir.
Mayor Suarez: Because Lt. Longueira was saying no. See, he is really by the
book. Now, you're...
Vice Mayor Alonso: He is not the Chief.
229 January 9, 1992
Chief Ross: That I can... listen...
Mayor Suarez: You can do it?
Chief Ross: We can do that.
Mayor Suarez: All right.
Chief Ross: Yes.
Mayor Suarez: So at some point if we come up with something that is an
important message that really requires all the people to be together, you can
do that?
Chief Ross: If you want to bring all of the police officers from the City of
Miami to one central location while crime runs rampant in the rest of the
City, I don't think it's a good managerial move, but we can do that. Yes,
sir.
Mayor Suarez: We might not tell anybody in advance, and they might not be too
inclined to commit any crime if they knew that all of them were in one
building somewhere, because they might all just go out and catch them, so, you
know, I don't know that's going to be a problem. But frankly, you don't
really have that ability right now. It's very very difficult. You've got
these people on specialized task, you've got these shifts, you seem to be
stuck on the shifts, and we are not, I want you to know, we are not stuck on
these shifts. We don't believe in these shifts because they don't seem to
follow any logical, you know, norms or sequence, and I just want you to be
aware of that. That's why I brought up the issue of bringing them all
together. Second question, the other day I saw a nice - and I was discussing
it with the assistant Chief Gibbs - a nice interesting routine stop of all
people on Coral Way, to be checked for validity of license plates, or...
Commissioner Plummer: Road block.
Mayor Suarez: ... yes, like a road block, and I guess, emissions, something
or other. Now, pursuant to State law, and Chief told me, well, we do this
every once in a while, and he also told me that sometimes the sergeant has a
certain amount of discretion. Presumably, every once in a while he has a few
people out there and they are not doing any particular... it's a quiet day,
and so, he begins to do these routine checks, right? I just want you to know
that, that worries me, not because what they are doing is not a good idea. It
is and it's a State law, I guess, that you have to have these emissions
testing and all that. It's never been proven to me that any of that is really
needed and as far as the license, you know, I mean, you think that there be a
simpler way of doing that. Like for example, they should have that
computerized. Every time you cross a toll, they should have a picture of your
license plate and if yours is not up to date, they should send you a fine and
otherwise remove your license plate and come to your house and take your car
away or something. It would be a heck of a lot easier than having these stops
of all the traffic. And I know technologically it can be done, and some
countries are beginning to do it. But, what I want you to know is that unless
there is some incredibly important purpose being served by having all those
230 January 9, 1992
officers that I saw the other day on Coral Way, that we are being evaluated by
the ability of those officers and all of us to control serious crime, not the
license plate that has expired. Although maybe, you can tell me that that
leads you to all kinds of other crime prevention information, et cetera, and
certainly not by the emission standards being violated. Nobody cares about
that. I have yet, in six and -a -half years had one phone call to my office
that says, you know, we got so many cars out there that are violating the
emission standards imposed by the State, and you've got to get your police to
go out there and crack down on that. Nobody, not one. So, we are being
evaluated on a whole different range of issues and maybe, those police
officers, maybe, are just not being deployed particularly effectively that day
on Coral Way. And my last question, and I would like this one to be answered
more formally, my last point is this. There seems to be a feeling among all
of you as you've set up this deployment and the shifts, that there are times
of the day and of the week where crime goes up, and obviously, you do the
deployment. Hopefully, it's according to crimes committed, not demand.
Because her area calls all the time whether there is any crimes happening or
not, and I have been told that we deploy according to demand, meaning their
calls and not the actual crimes committed. Maybe, that the other point you
were trying to do with the alarms when you told me that seventy... ninety -some
percent of the alarms were false alarms. We don't want to respond to false
alarms, we want to respond to actual crime. But I wonder if you have a real
good set of curves showing to me, you described for Commissioner Dawkins the
drug related crimes in his neighborhood as having certain peak hours of the
day, I wonder if you have done that for the different kinds of crimes. And if
I can see those and then put them all together and see if we truly have a,
whatever they call it, integrated picture of serious crimes and when they are
committed, and when the peak hours are, and then see if the deployment
corresponds to that. Now ultimately, having done all of that and having
proven to us that all of that is being done in a way that makes sense and
people are really being deployed at the highest crime moments of the day,
which I doubt, frankly, but maybe you can prove to me otherwise, there is
still the issue of responsibility. You've mentioned fifty-one or fifty-two, I
believe you called them zones, and Chief we really have got to find fifty-two,
— for a lack of a better term, Arnold Gibbs. We've got to find fifty-two people
that really feel responsible for that particular neighborhood and are willing
to say, I've got my name, and my phone number, and my address, and I am not
working on a shift, I am working full time. Whether they are your captains,
majors, and assistant chiefs, or you can go down to the level of lieutenant,
or some other level, because to us, it makes common sense that that would be a
way to reduce crime. You feel responsible for the whole City, so do we. And
some people have got to be responsible for a smaller area. And then of
course, those people should live in that area, should be given an incentive to
work and live in that area. I don't care if it's five thousand dollars a
year, that individual, if he can reduce or she can reduce crime in that area,
as measured at the end of the year is worth five or ten thousand dollars to
make sure that they can live in that area. We'd pay the rent for all I care.
And we've talked about the issue of bringing them into the City, and you've
_ agreed that that can be done legally by an incentive program. But these
things are the kinds of things that we are thinking about. They make sense to
us, they are commonsensical things, and Lieutenant Longueira has that
skeptical look on his face whenever we tell him, so maybe, if... and I don't
mean to pick on him but he just has a particularly, you know, skeptical face
about him sometimes when we tell him these things. Maybe, if you and the
231 January 9, 1992
Manager, and Assistant Chief, and all the majors and chiefs that are here
think about all of this, how important it to us, because we really are being
evaluated by this and we have to evaluate you by that. That's the only way
this system can work, folks. And maybe, there will be a whole new set of us
here coming up soon.
Commissioner Plummer: Not me.
Mayor Suarez: Plummer will still be here.
Vice Mayor Alonso: Forever.
Mayor Suarez: I mean, you know, he has been here. He will be here turn of
the twenty-first century, probably, but.
Vice Mayor Alonso: Who know, yes, we will be dead and he...
Commissioner Plummer: God willing.
Mayor Suarez: There is a level of frustration that's high and you've come in
with a mandate of improving community relations and you're doing a hell of job
with that. You're everywhere, we appreciate that, you attend every meeting
and really, things have improved in that sense. Prior chiefs came in with a
mandate of just taking back the streets, I mean, they were... 61st and 60th
Street that Commissioner Dawkins was alluding to, they were hopelessly lost in
1985 when I was elected, and I really have noticed an incredible improvement,
and then other chiefs came in just trying to get rid of the corruption. So
we've gone through major problems. But now, the average folks in the street
are saying, when are we going to have a deployment system that makes sense to
us? Maybe, you can convince us that we do have the best deployment system and
I've given you some ideas of how you can convince me in terms of the crime
curves and in terms of assignment of specific responsibility. You're moving
in that direction and you support substations, and mini -stations, and at least
people in the Grove, and in Little Havana know that, you know, Fernandez has
something to do with their lives. And people in Overtown know that Taylor has
something to do with their lives, you know, and they have an idea of the
different - well Taylor is not there now, I don't know when you all are going
to resolve that whole issue but, you know, different parts of the City. So,
some of that decentralization has taken place. But the people want more, they
want more, they want more responsibility at the neighborhood level. And if it
cannot be done, by all means, tell me at some point, not today, Mr. Mayor, it
cannot be done. Your intuition is wrong, this is not going to help, we just
cannot do this, we cannot afford to have fifty of our top people be
specifically assigned and live in a neighborhood, we just can't do it, we just
can't change the system, we've got union agreements, I don't know what the
impediments are, but it cannot be done. And then maybe, we just have to look
at the daily deployment. How we have a computer doing our deployment on a day
to day basis, that makes no logical sense to us, as the Commissioner just went
through that exercise, is something that's very troubling to me and I've been
trying to tackle it for quite a few year now without any success. So,
hopefully, you are the people to do it, I think you are and of course, the
Manager has to make sure that it happens because we are going to want some
answers, and today is not necessarily the day. We've posed a lot of questions
and...
232 January 9, 1992
Commissioner Plummer: When is the right day?
Mayor Suarez: If you want to schedule another hearing for this entire issue
or workshop, as Commissioner Dawkins suggested, let's by all means, schedule
it right now.
Chief Ross: I think we had a six month commitment from our last deployment
hearing on September 5th. That was six months later that we were to come back
with an update on that deployment, which would take us, I think, until March.
Mayor Suarez: Until about March?
Vice Mayor Alonso: March.
Chief Ross: Yes.
Mayor Suarez: I'll be inclined to continue asking these questions and getting
answers for the March hearing, and maybe, you'll have some innovative programs 4
ready to go.
Chief Ross: Allow me to say this in closing, if you will, Mr. Mayor.
Commissioner Plummer: No, you're not closing. I haven't had my shot yet.
Chief Ross: OK. Well then in respect to some of the things that the Mayor
said. I would be extremely disturbed, as you stated .you are, if I knew that
we had operations on the street involving traffic, involving road blocks,
involving any type of police operation that were going on because the police
officers just, as you stated, had nothing better to do. The officers...
Mayor Suarez: Well, within their discretion. I understood that if they had a
certain amount of manpower that day at that time, according to Assistant Chief
Gibbs. I would understand that if they had all those officers out there and
there was not much happening and they decided to do some road checks.
Chief Ross: Not necessarily so. No, sir.
Mayor Suarez: That's the only justification that I can see for what was
taking place that day.
Chief Ross: In fact, we have set up selective enforcement locations
principally because we know, you know, we all know, that a speeding car and a
drunk driver wi11 kill you faster than any bullet will. And we...
Mayor Suarez: All right, but Coral Way and 27th Avenue is not that place.
Chief Ross: ... we are often... _
Mayor Suarez: I can tell you the places and I am sure you know them too.
Chief Ross: When we set up our road blocks and do selective enforcement, it
is often time as a result of many, many complaints that have come in, in
regard to people disregarding the speed limit, be it in school zones or be it
on regular business streets.
233 January 9, 1992
Mayor Suarez: This was not a speed limit situation. This was to check
licenses and such.
Chief Ross: The road blocks have a variety of reasoning behind them. And as
I stated, I would be very disturbed if I found out that we were just doing it
because we had nothing else to do. Because I can find a lot of things for my
officers to do and I sure there is no flex time in their day. Some of the
suggestions that you made while you and I were in on meeting, I think they
were very good. We have taken a look at our deployment as we have been for
several years. We have evolved. The deployment system that we have in place
now has evolved over the years, and we have taken into consideration the types
of crime and the peak hours of those crimes as it refer, or as it mesh with
the number of officers in place. I would be more than happy to meet with you
as well so that we can continue that discussion. I think that you have some
very good ideas when you and I met and I think it would be imperative that we
sit down and follow up on some of those and see if we can implement some with
your help. It's going to take more than my position to implement some of the
ideas that you had and the ones we discussed. And I appreciate your input on
that.
Commissioner Plummer: Chief, at the departmental request, a year and -a -half
ago, the Manager brought forth to us the software program from California for
a hundred thousand dollars ($100,000). Is that program in effect yet? Still
playing with it. It's not in use. They are still, a year and -a -half, and a
hundred thousand dollars. Mr. Mayor, I think that should pretty well answer
your question about deployment. The program was touted to this Commission for
the hundred thousand dollars, that this was going to do wonders. Let me tell
you what it did do. It brought the man from California who developed it, who
made the mistake of driving to 54th and the Boulevard and was robbed at the
filling station. - That's a true fact. Chief, in quoting to Commissioner
Dawkins, you said you were quoting from a September memo that you sent to the
Commission. Am I correct in that?
Chief Ross: Booklet - at the deployment hearing, the booklet we presented.
Vice Mayor Alonso: The presentation, the hearing, the special hearing.
Commissioner Plummer: OK. Did I understand you to say that in ten sector, on
a normal day that the sworn personnel was a hundred and twenty?
Chief Ross: No, sir. I said assigned to the north district was the total
number of officers that I gave you. That was...
Commissioner Plummer: Did you hear that, Commissioner Dawkins? Commissioner
Dawkins.
Commissioner Dawkins: Yes, sir.
Commissioner Plummer: He is now... he said that I misunderstood, and maybe
you did, that there are not a hundred and twenty officers in ten sector.
Commissioner Dawkins: I didn't misunderstand. I know what he said.
234 January 9, 1992
Commissioner Plummer: Well, he is saying that it was the north district, that
is ten and twenty sector. That's two sectors.
Commissioner Dawkins: So that's sixty people to a sector?
Commissioner Plummer: That's correct, OK? So I just wanted to get that on
the record because I am quoting from a later... your document in which you
show in sixty sector, approximately sixty-one men in ten sector.
Chief Ross: Please understand what I am saying. I think that there is a
misunderstanding in zones, sectors, and entire districts. That's what I said,
it may be a little confusing.
Commissioner Plummer: There is no confusion for me.
Commissioner Dawkins: But Chief.
Chief Ross: The entire district assigned to the north district, and I am not
just talking about one particular day, or one particular sector, or one
particular zone, I am talking about the entire district, the compliment of
manpower is a hundred and twenty officers.
Commissioner Dawkins: But Chief, my concern is the deployment of the total
Police Department on any given day. My concern is how you deploy the manpower
that the City Manager has provided with you with, which this Commission
provided him with the funds to do, and how you deploy those.
Commissioner Plummer: Here, it's right here.
Commissioner Dawkins: Because it's my opinion, OK, that you don't have enough
men. Now, that's just my opinion, see. And maybe, when I sit down you will
show me that you got enough men, OK? But I do not believe that there is
enough manpower on the streets now to help you and all the good policemen
we've got combat crime and try to get a handle on it. Now, that's...
Chief Ross: You'll never get an argument from me on that. For that cause, we
are in the process of hiring.
Commissioner Dawkins: Beg... do what, now?
Chief Ross: For that cause, we are in the process of hiring police officers.
Commissioner Dawkins: Yes, but, OK. But there again, you lose me, because
instead of hiring public service aides who you've already had a background
check on, who has already had some training, you all go out and hire somebody
in the streets and bring them back in, and the public service aides still sit
there and you take and run these people through the academy, and the public
service aide who you've invested in, who you know got a track record, you know
his work... no, I keep saying here, is you know its work record, and yet, and
still, and now, the Manager tells me that you guys are going to hire security
guards, and God knows, who is going to buy their insurance, Chief? If we hire
security guards and you've got to run the background check on, you've got to
train them, so why don't we just go ahead and use public service aides? But
nobody seems to think... everybody seems to think you're going to save five
dollars over here and we're going to blow the kitchen sink over here.
235 January 9, 1992
Chief Ross: In all due respect and just to answer that for you, public
service aides are extremely important to the Police Department because of the
functions that they handle. We are taking seventeen of those public service
aides and we are upgrading them. However, it's extremely important that I not
deplete my compliment of public service aides. Right now, I am down by fifty-
three public service aides out of a total of ninety-three that we will be
hiring. I am going to, we have just gotten approval to hire fifty-three
public service aides that will be starting in the academy. Keep in mind, if I
take thirty public service aides and put them through the academy then I am
going to cause vacancies that need to be filled by police officers, functions
that must be taken care of on a daily basis that are now being done by public
service aides. I cannot afford to deplete my compliment of public service
aides.
Commissioner Plummer: Ninety days ago we approved it.
Commissioner Dawkins: OK. How many people are you putting in the academy?
Chief Ross: Thirty.
Commissioner Dawkins: And you mean... and you're going to tell me that it is
more advantageous to only take seventeen people from the public service ranks
and put them in with thirteen people out of the streets, rather than taking
thirty public service aides and bringing whatever else you need to train in as
public service aides. I mean, that doesn't... I mean, to me, that's not
logic. But that's why I am not the Police Chief.
Chief Ross: Thank you.
Commissioner Dawkins: That's why I am the Commissioner. See, but I do vote
for the Manager who hire you, see. And if he don't understand what the hell I
am saying, then I can't vote for him.
Commissioner Plummer: Chief, give me an estimate off the top of your head.
Of the dispatched police units per day in a given sector, how much of that
time is he dispatched to calls that a PSA (Public Service Aide) can do by
State Statute?
Chief Ross: Probably somewhere in the area of about twenty, fifteen, or
maybe, twenty percent. However, the problem becomes, there are no public
service aides available to do that.
Commissioner Plummer: And don't we get three public service aides for every
amount of money that we pay a police officer?
Chief Ross: Public service aides are in the area of nineteen thousand dollars
per.
Commissioner Plummer: The Budget Department says you are wrong.
Chief Ross: The police...
Commissioner Plummer: OK. I...
236 January 9, 1992
s
Chief Ross: Public service aides are nineteen thousand dollars. They are not
civil service employees. They do not have any benefits other than workmen's
comp. A police officer is in at around forty-five to forty-seven thousand
dollars. Now, a public service aide gives us just about all of the
nonenforcement calls that an officer can handle. It makes sense, yes, to hire
public service aides, I agree with you in that respect. However, it does not
answer our enforcement problem, which is the biggest problem that we are
dealing with. Public service aide do not go out and arrest crack addicts,
they don't go out and arrest snatch and grab robbers, they are not armed. I
would love to have a good compliment of public service aides, but I also need
police officers.
Commissioner Plummer: Is Mano here present? Mr. Manager... is Mano here?
No, no, you convey this to him, because it was Mano who told me that it was a
three to one ratio. The average cost of a policeman to the City of Miami, and
I've got it in the memo, is fifty-five thousand dollars.
Mayor Suarez: I figured it has a lot to do with all of the factors of
training, of certification, of all of that. The number of available hours for
each dollar spent for a police officer versus a public service aide might
reach awfully close to three to one.
Commissioner Plummer: Public service aides, he gave to me at
seventeen
thousand thirty-four dollars, I believe.
Don't hold me... but that
was... it
was a basis of three to one. OK?
Mayor Suarez: It's awfully close to three
to one, probably.
Commissioner Plummer: Three to one.
Mr. Odio: The cost of a police officer is
fifty... yes.
Commissioner Plummer: OK. Now, what I am
saying to you...
Mayor Suarez: You've got to throw in
all the other things of
benefits,
training, retraining, certification.
Chief Ross: The workmen's comp needs to be added in.
Mr. Odio: To add all the benefits.
Commissioner Plummer: Hey, no, no, there
are no benefits. That
is a total
cost of a workmen's... of a PSA.
Mr. Odio: No, I am talking about a police
officer has more cost.
Commissioner Plummer: I am saying... I am using your numbers, not mine. OK?
Mayor Suarez: Yes, total cost attributed to maintaining one police officer
one hour, or 'X' number of hours a year versus one public service aide.
Commissioner Plummer: Now, the little bit of disagreement that I have with
the Chief, I think the twenty percent of what we are using...
237 January 9, 1992
Commissioner Dawkins: You've just got a little bit of disagreement with him?
Commissioner Plummer: Or, we'll get into bigger areas and better areas.
Commissioner Dawkins: OK, no problem.
Commissioner Plummer: Is the fact that if you listen to the radio, you will
hear, better than twenty percent of the calls that a policeman is dispatched
_ to could be done legally, in the State of Florida by a PSA. OK? We are still
pulling men off the street to guard the police station, we are still pulling
men off the street...
Mayor Suarez: What percentage did you say of the...?
Commissioner Plummer: I say to you that it runs forty to fifty.
Mayor Suarez: Of the duties?
Commissioner Plummer: No. What I am saying to you is...
Mayor Suarez: Of the task?
Commissioner Plummer: ... of what a policeman is dispatched for that fifty
percent of those dispatches that he gets in the run of a day, could be done
legally by a PSA. Because it's report writing. OK?
Mayor Suarez: Or a fire fighter.
Commissioner Plummer: No, no, don't cross...
Mayor Suarez: Yes, sir.
Commissioner Plummer: Don't cross that line.
Mayor Suarez: Absolutely.
Commissioner Plummer: OK. Now, all I am saying to you, is we...
Mayor Suarez: I mean, this is not to pick on one department, you understand.
We have this notion that there would be some commonsensical reforms that could
be done in many other departments, but one in particular, the Fire Department.
Commissioner Plummer: What I am saying to you...
Mayor Suarez: But he and I don't agree on that one, I don't think.
Commissioner Plummer: even if it's twenty percent as the Chief says,
doesn't it make sense that we need to put more PSAs? We have PSAs, they can
do almost everything that report writing request. They can do stolen cars,
they can do missing persons, they can do burglary after it's been determined
that there is no bad guy on the scene.
238 January 9, 1992
Mayor Suarez: You know, the one thing they can't do is they can't vote on
this Commission, and we have many, many items, so, can we kind of conclude
final remarks please, folks.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Because we've got people waiting on other items.
Commissioner Dawkins: OK. I'm going to make one final statement here.
Commissioner Plummer: Mr. Mayor, I'm just going to say one thing and then I
am going to quit.
Commissioner Dawkins: Please do.
Commissioner Plummer: All right? You can put this off...
Mayor Suarez: We should blame all of this on Vice Mayor Alonso. She started
all of this, but we've forgotten that by now, it's been so long since it
started.
Commissioner Plummer: ... as long as you want. OK? But the people of this
community are damn sick and tired. Now, you put it off, you want to put it
off until March...
Commissioner Dawkins: Put what off until March?
Commissioner Plummer: This next hearing that we are going to have to talk in-
depth about deployment, and you know, that's the name of the game, we've
already gone ninety days since we, the Commission, gave approval, things I
haven't seen changed. We gave the money in the budget, I haven't seen any
changes. I still see business as usual. Just let me say to the Manager. He
and I rode today from lunch, for fifteen minutes they tried to find a robbery
unit. Guess what? - for the fifteen minutes we were in the car, there was no
robbery unit available.
Commissioner Dawkins: You were there.
Commissioner Plummer: No, I wasn't there.
Commissioner Dawkins: OK, no problem.
Commissioner Plummer: We both were listening. Not one available.
Mayor Suarez: All right, folks, let's move on some items, please.
Commissioner Dawkins: OK. I'll say one. And I'll close this off by
saying... be able to tell me what it cost to run a background check on
thirteen people out of the streets that you hired as police, and how many you
had to go through to get thirteen, where we already had the public service
aides. And I'll get in touch with you and find out what day the workshop is.
Thank you.
239 January 9, 1992
Ms. E. Morales: Mr. Mayor, excuse me, sir.
still I didn't get an answer to my question.
Before I go, still my answer...
Mayor Suarez: Oh, no, I'll tell you the answer on your question as far as the
alarm. We are not prepared, at least. I am not prepared to change that
system. When I heard that ninety-nine percent of all the alarms were false
alarms. But I don't have a logical answer for you either.
Ms. Morales: There is no answer.
Mayor Suarez: I mean, that's the other side of the issue. He is saying, we
can't respond to them. It's as simple as that. And I said to him, when you
weren't here, but I can repeat it now, I said well, that doesn't mean that you
ignore that information either. I mean, I hope you at least alert the unit
area. You know, we've got an alarm over there. I don't know if it's a false
alarm or not, they don't have a permit. When you go by there, at least, check
it out. And he said, yes, you're probably right. But initially he said, oh,
no, no, if we don't have a permit there, we don't show a permit there, we...
Ms. Morales: Same thing as the wolf is coming.
Mayor Suarez: ... goes into the back hole in space, is what he said.
Commissioner Dawkins: They've got to go. They have to go because she pay her
taxes.
Ms. Morales: The wolf is coming, the wolf is coming...
Mayor Suarez: Exactly.
Ms. Morales: ... and then when the wolf comes, I am going to get shot.
Mayor Suarez: But I understand now the logic of what he first said. It just
worried me because, you know, now he says ninety... what percentage is it that
are false alarms?
Lt. Longueira: Over ninety-seven percent.
Mayor Suarez: Over ninety-seven percent. So we would have to answer ninety-
seven times roughly, or whatever it works out to be, ninety-seven to three
times the number that we are able to answer.
Ms. Morales: Excuse me, sir, but then if I had paid the twenty-five dollars,
they would have come, right?
Mayor Suarez: And I don't buy the ninety-seven percent either, by the way.
The Commissioner is saying she doesn't buy it and I have a hard time believing
ninety-seven percent are false alarms, but...
Vice Mayor Alonso: You know, I don't buy that.
Mayor Suarez: You're going to have to convince two of us on it.
Ms. Morales: But this is my question.
240 January 9, 1992
Mayor Suarez: Yes, ma'am.
Ms. Morales: If I had paid the twenty-five dollars, it would have made no
difference whether it was a false alarm or not? They would have come, is that
right?
Mayor Suarez: Well, they would have responded. I don't know how quickly, but
they would have responded.
Ms. Morales: Absolutely. So, we are back at point one.
Vice Mayor Alonso: She is right.
Ms. Morales: I do not get anybody to help me.
Mayor Suarez: But think about the reason for it. Think about the reason,
Elba.
Ms. Morales: But there is no reason for not helping somebody.
Mayor Suarez: No, no, there is a reason. If you have a system in place where
people can, by pressing a button, let the police know that something is
happening somewhere - actually it's indirect, because it's through your alarm
company, and then they call the police - and the police have to respond, and
we find that, if in fact ninety-seven percent of them are not true alarms,
we'll spend all of our time going after the wrong thing. In fact, they will
paralyze the department. Now, but I still don't have an answer to you as to
what they should do and how we can improve the system.
Ms. Morales: I am only sorry that I belong to that three percent.
Mayor Suarez: Yes. No, I know.
Ms. Morales: But I intend to file some sort of a complaint because somebody
is responsible for the equipment that I lost this morning. And I intend to
file a complaint, a suit, or whatever it takes...
Mayor Suarez: Then I understand my answer is not a sufficient answer. I wish
I*..
Ms. Morales: ... and I think that somebody should make sure because that
three percent, these are people, these are persons, these are citizens of the
City of Miami...
Mayor Suarez: Absolutely.
Ms. Morales: ... and these are people.
that, it's one life too many.
Mayor Suarez: Absolutely.
Vice Mayor Alonso: That's right.
If one person gets killed because of
241
January 9, 1992
Ms. Morales: So, I wish that it...
Mayor Suarez: So, there's really no ultimate answer. You'll have to give us
a little bit more time. I don't know what the solution is, and I do want to
see those figures to be convinced.
Vice Mayor Alonso: Yes.
Mayor Suarez: It sounds awfully high.
Ms. Morales: I want somebody to keep me posted, please, on that.
Vice Mayor Alonso: Yes. And with all due respect, we have to do something
about this system. I don't approve. They are taxpayers and they need... or
make a reduction in their tax bill, and say well, less police protection, you
pay this amount and you get no service from the Police Department.
Ms. Morales: And again, Rasheed was right. Rasheed was right.
Mr. Gonzalez-Goenaga: And I am right.
Mayor Suarez: Well, sir, you are sitting down is what you're doing. Have a
seat.
Vice Mayor Alonso: This is dangerous because this is the response.
Mr. Gonzalez-Goenaga: Oh, I'm sorry.
Mayor Suarez: You are out of order.
Mayor Suarez: All right folks, let's go through these items as quickly as we
can.
Vice Mayor Alonso: yes.
Mayor Suarez: Item 19.
Vice Mayor Alonso: Mr. Mayor, before we go...
Mayor Suarez: Yes, Madam Vice Mayor.
Vice Mayor Alonso: Maybe, and it's fine if we are going to meet in March to
review all of this, but I suggest that we have a special hearing before.
Mayor Suarez: Yes, let's advance to a meeting in February, and if you want it
with a special hearing or a special workshop.
Vice Mayor Alonso: Yes.
Mayor Suarez: Let me know how you want to go on that, please.
Vice Mayor Alonso: OK.
242 January 9, 1992
a
Mayor Suarez: Commissioner Dawkins at one point suggested a workshop on
deployment.
Vice Mayor Alonso: Maybe, that's a good idea. Yes. You'll send a memo, or
I'll send a memo, whatever.
Mayor Suarez: Yes, and in between the last meeting in January and the first
meeting in February. I don't think we should wait until March at all.
Vice Mayor Alonso: OK, yes, I couldn't agree more.
Mayor Suarez: Because I particularly want an answer to the issue of the crime
frequency curves.
Vice Mayor Alonso: Do we have an agreement in the MCI?
Commissioner Plummer: Let me try something on for size. OK?
Mayor Suarez: That's just a procedural suggestion. Don't get into the
substance of this. We will never get out of this issue.
Commissioner Plummer: No, no, because I don't want to wait. Chief, may I ask
a question, Mr. Manager? Not of you, because you are going to scream. Chief,
if you were to have the authorization for another hundred, the second hundred
PSAs what would the approximate cost be.
Mayor Suarez: Please provide that to him between now and the workshop. Let's
not get into this now. That's a sub...
Chief Ross: The Manager already said, around two million dollars.
Mr. Odio: No, no, I'll tell him. It's two million dollars more.
Mayor Suarez: Two million dollars. All right.
Commissioner Plummer: You know what my motion is going to be at the workshop.
Mayor Suarez: OK.
Chief Ross: I'll take them.
Commissioner Dawkins: All right, well, we'll wait until the workshop.
Mayor Suarez: All right. In the meantime...
Commissioner Plummer: No, hey, if we are serious about crime, OK? And the
Chief says that he needs these additional men, what the hell are we...
Mayor Suarez: Officers.
Commissioner Plummer: No, no, no, PSAs.
Mayor Suarez: Men and women.
243 January 9, 1992
Commissioner Plummer: What are we quibbling about if we are in fact true to
ourselves that this is what is needed, why are we going to wait?
Mr. Odio: I authorize for your...
Mayor Suarez: Please, it's a rhetorical question. He wants that answer.
Commissioner Dawkins: I will vote for you if you can advance them up the
policemen, but I am not voting to keep nobody as no PSA.
Mayor Suarez: Sounds like we are going to have a whole discussion about it.
All right.
Commissioner Plummer: OK.
Mayor Suarez: Now we know where he is heading, at his workshop, but we've got
other question at the workshop the rest of us are going to ask.
------------------------------------------------------------------------------
36. AUTHORIZE AMENDMENT TO THE STORMWATER SERVICE CHARGE COLLECTION
AGREEMENT WITH METROPOLITAN DADE COUNTY, DATED MAY 17, 1988.
------------------------------------------------------------------------------
Mayor Suarez: Item 19. Authorizing the City Manager to enter into an
amendment in substantially the form attached to...
Mr. Odio: This is actually, Mr. Mayor, to reduce the amount of dollars we are
paying the County. We were paying one dollar and fifty-nine cents for our
billing, and now, we are going to pay them eighty-seven cents.
Mayor Suarez: I entertain a motion on item 19.
Vice Mayor Alonso: Move it.
Mr. Odio: We will save two hundred thousand a year.
Mayor Suarez: Moved.
Commissioner Dawkins: Second, and under discussion.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Mr. Manager, why can't you do the same thing with the
one that J.L. Plummer deferred this morning, number 11.
Mr. Odio: ESM (sic -Emergency Medical Services). They are entirely different.
The reason that cost... I will look into it and I will talk to the County.
The reason that the cost is going down here now is that they instituted the
stormwater fee just like we had, so now they have to send it out anyway, where
with the other ones it would be a special. But we will be checking into that
with the County.
244 January 9, 1992
Commissioner Dawkins: This this one goes out on the County bi11.
Vice Mayor Alonso: Yes, County bill.
Mr. Odio: Yes, but this is only with the water bills.
Commissioner Dawkins: Say what now?
Mr. Odio: They might not have the same type of billing we do on the ESM, and
therefore, they would charge us double. But I will look into it and I will
report back to you.
Commissioner Dawkins: Well...
Mr. Odio: They reason they are doing this now is not because they are
generous, it's because they now have the same billing that we have, so we were
able to negotiate this.
Mayor Suarez: I think the record should reflect though, when he talks about
ESM, it's EMS, right, is that what we are talking about?
Mr. Odio: Emergency Medical Services, I'm sorry, EMS. I am not too good
on...
Mayor Suarez: Right, EMS.
Commissioner Dawkins: OK.
Mayor Suarez: Item 19, moved, hopefully.
Commissioner Plummer: Second.
Mayor Suarez: All right, moved by Commissioner... Vice Mayor Alonso, seconded
by...
Vice Mayor Alonso: I moved?
Mayor Suarez: Yes, you moved a little bit to the right, now it's close
enough. Call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-29
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AMENDMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, TO THE "STORMWATER SERVICE CHARGE
COLLECTION AGREEMENT" BETWEEN THE CITY OF MIAMI AND
METROPOLITAN DADE COUNTY, DATED MAY 17, 1988.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
245 January 9, 1992
AMU
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre.
NOTE FOR THE RECORD: At this point, agenda items 20 -
23 were deferred.
37. ACCEPT / REAPPOINT MEMBERS TO THE PRIVATE INDUSTRY COUNCIL (PIC) OF
SOUTH FLORIDA (REAPPOINTED WAS: MELVIN (SKIP) CHAVES; APPOINTED WAS:
DOROTHY GRAHAM).
Mayor Suarez: Item 25. Private Industry Council. Are those being
recommended by staff, and we just approve it, typically?
Commissioner Dawkins: What is it supposed to be, an educator, or what?
Mr. Castaneda: The terms of Melvin Chaves and Elmer Leiva are expiring. They
can be renominated or you can name somebody else. One is from a community
based organization and the other one is from the private sector.
Mayor Suarez: Do they both want to serve?
Mr. Castaneda: They do.
Mayor Suarez: I know Skip, I don't know the other gentleman as well.
Commissioner Plummer: But wait a minute. I appointed one to that last time.
Mr. Castaneda: Right, there were three persons before.
Mayor Suarez: But we still have two...
Mr. Castaneda: Now, we are bringing back only two.
246
January 9, 1992
i
Mayor Suarez:
Commissioners.
... that want to be kept on. These are not assigned to
Mr. Castaneda: That's right.
Mayor Suarez: These are globally appointed. You want to appoint the two that
are existing? - We can always come up with new appointments for next year. We
don't want these people to... they are serving on anyhow, until we appoint new
ones. Take the whole year by the time we get around to appointing new ones.
They could have been serving formally.
Commissioner Plummer: Who are the two that are up?
Mr. Odio: Melvin Chaves and Elmer Leiva.
Mr. Castaneda: And you appointed Josephina Habif at the last meeting.
Commissioner Plummer: All right, are either one of those black?
Mr. Odio: Not to my knowledge.
Mr. Castaneda: No.
Commissioner Plummer: There is a request that they are looking for more black
participation.
Commissioner Dawkins: I nominate Ms. Dorothy Graham. She is black.
Mayor Suarez: All right, Ms. Dorothy Graham is nominated. I know Skip Chaves
has served with distinction, and he also represents a minority within a
minority. I think he is of Puerto Rican descent, if you want to nominate
those two.
Commissioner Dawkins: Frank, I'll have my office provide you with Ms. Graham.
I'll get it for you.
Mayor Suarez: All right, take that to mean a nomination of Ms. Graham and Mr.
Chaves. Any discussion? If not, we have a... yes, sir.
Mr. Gonzalez-Goenaga: Yes, just one question. Who is a minority here? Are
Cubans minority in Miami?
Commissioner Plummer: No, I am.
Mayor Suarez: Depends on how you look at it, I guess.
Mr. Gonzalez-Goenaga: I don't know. I am confused.
Commissioner Plummer: No, me.
Vice Mayor Alonso: He is.
Commissioner Plummer: Plummer is minority now.
247 January 9, 1992
Mr. Gonzalez-Goenaga: The Americans.
Commissioner Plummer: SI.
Mr. Gonzalez-Goenaga: The American white are the only minorities here.
Mayor Suarez: All right, Mr. Gonzalez-Goenaga, you asked an interesting
question of...
Commissioner Plummer: Excuse me, they do not call me the American white. I
am referred to as the other.
Mayor Suarez: Right, he is the other.
Commissioner Plummer: And I want to tell you, on Sunday, when I was Cristobal
Colon, I was the first refugee.
Vice Mayor Alonso: That's right.
Mayor Suarez: We've been trying to find a category to fit him under, we
can't, you know, there is no one quite like him. All right, we have a motion
by Commissioner Plummer, seconded Commissioner Dawkins. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-30
A RESOLUTION APPOINTING TWO (2) MEMBERS TO THE PRIVATE
INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA FOR TERMS TO
EXPIRE JUNE 30, 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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre.
248 January 9, 1992
e]
NOTE FOR THE RECORD: At this point, agenda items 26
and 27 were deferred.
38. APPOINT / REAPPOINT INDIVIDUAL TO THE CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD (Reappointed was: William Chavez, Jr.)
-------------------------------------------------------------------------------
Mr. Frank Castaneda: Community Development Advisory Board.
Mayor Suarez: OK, I'll entertain a motion for the Community Development
Advisory Board, Willy Chavez, nominated by Commissioner De Yurre. Seconded.
Commissioner Plummer: Yes.
Mayor Suarez: Thank you, Commissioner Plummer. Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
i moved its adoption:
! RESOLUTION NO. 92-31
,
A RESOLUTION APPOINTING AN INDIVIDUAL TO THE CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD, WITH A TERM TO
EXPIRE SEPTEMBER 1, 1993 OR AT SUCH TIME THEREAFTER AS
A SUCCESSOR IS APPOINTED BY THE CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Remember, the Code Enforcement Board, Commissioner De Yurre,
because that is a board that obviously has all kinds of enforcement powers and
249 January 9, 1992
we need to f i I I that one. Some of these are a little bit less important in
that sense.
39. BRIEF COMMENTS CONCERNING DIFFICULTY IN IDENTIFYING INDIVIDUALS TO SERVE
AS MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE -
APPOINTMENT OF INDIVIDUALS DEFERRED TO FUTURE MEETING.
------------------------------------------------------------------------------
Mayor Suarez: Miami Street Codesignation Review Committee. Talking about
which... who has appointment on that? Or do we do those...
Dr. Luis Prieto: We are missing appointments for Commissioner Dawkins and
Vice Mayor Alonso.
Mayor Suarez: OK. If anybody has either one of those, we'll entertain them at
this point. If not, we will go on to the next item.
Vice Mayor Alonso: No one wants to serve.
Mayor Suarez: You're going to have a hard time finding. Folks, if anyone
wants to serve on the City's - what's it called? - Street Codesignation Review
Committee, I guarantee you, all your designations, they will be criticized in
the Miami Herald. You will have to attend meetings for which you will not be
compensated. If you designate a Hispanic, you get criticized by those that
are not. If you designate any other group, you get criticized by the ones
that are not in that group, and it's a great board, otherwise.
Vice Mayor Alonso: It's a great job.
Mayor Suarez: So, volunteer to any of the five of us that are up here. And
it looks real good on a resume though, that's the one thing I forgot to
mention.
Vice Mayor Alonso: We are doing so well.
40. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS ON THE CITY OF MIAMI
URBAN DEVELOPMENT REVIEW BOARD (Reappointed was: Raqueeb Albaari; 3
appointments still pending).
------------------------------------------------------------------------------
Mayor Suarez: Item 29. The Urban Development review Board. That's a rather
important board.
Mr. Odio: Commissioner Alonso.
Mr. Guillermo Olmedillo: Yes. You have Commissioner Dawkins has two
appointments, Vice Mayor Alonso has one, and Commissioner De Yurre has one.
250 January 9, 1992
Mayor Suarez: Some of those folks that were here competing for an
architectural contract will be good, Commissioners.
Commissioner Dawkins: Yes, but...
Mayor Suarez: Particularly the ones that are kind of working their way toward
Dade County.
Commissioner Dawkins: OK, I'm going to reappoint RaGueeb Albaari.
Mayor Suarez: OK, so moved.
Vice Mayor Alonso: Second.
Commissioner Dawkins: And I'll find another one.
Mayor Suarez: Second by the Vice Mayor. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-32
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS ON THE CITY OF MIAMI URBAN DEVELOPMENT
REVIEW BOARD FOR TERMS TO EXPIRE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
i
- Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Any other nominees for Urban Development Review Board?
251 January 9, 1992
41. APPOINT / REAPPOINT INDIVIDUALS TO SERVE ON THE COCONUT GROVE STANDING
FESTIVAL COMMITTEE (Reappointed was: Ms. Randi Ratiner - See label 43).
-------------------------------------------------------------------------------
Mayor Suarez: Item 30, Coconut Grove Standing. Wow I thought we had
another interesting committee. The Coconut Grove Standing Festival Committee.
Why does this remind me of something that you are the chairperson of.
Vice Mayor Alonso: Excuse me.
Commissioner Plummer: Would you believe that my appointment to that board
actually called and requested to go back on?
Mayor Suarez: I love that. OK.
Commissioner Plummer: Randi.
Mayor Suarez: Do we need to make appointments on that?
Mr. Castaneda: Right. Commissioner Plummer and Commissioner Victor De Yurre.
Commissioner Plummer: What's Randi's last name.
Mr. Castaneda: Ratiner.
Mayor Suarez: For the Coconut Grove Standing Festival Committee.
i
Commissioner Plummer: She got married. Randi Ratiner, and you get her
married name.
Mr. Castaneda: OK.
Mayor Suarez: All right. Is that a nomination, or are we just restating
the...?
Commissioner Plummer: It's a nomination.
Mayor Suarez: So moved.
Commissioner Plummer: Reappointment.
Mr. Castaneda: Reappointment.
Mayor Suarez: Seconded by the Vice Mayor. She moved a little bit. Call the
roll.
252 January 9, 1992
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-33
A MOTION REAPPOINTING RANDI RATINER TO THE COCONUT
GROVE STANDING FESTIVAL COMMITTEE.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
42 APPOINT / REAPPOINT PUBLIC MEMBERS TO THE CIVIL SERVICE BOARD
(Reappointed were: Nelly Zamora, George H. Adams and Gerald Silverman.
j------------------------------------------------------------------------------
Mayor Suarez: And the Civil Service Board.
Commissioner Plummer: I reappoint Gerald Silverman.
Vice Mayor Alonso: I reappoint Nelly Zamora.
Commissioner Dawkins: I'll reappoint George Adams. I don't know why.
Mayor Suarez: Those three nominees are George Adams, Gerald Silverman...
Vice Mayor Alonso: And Nelly Zamora.
Mayor Suarez: ... who has been around almost as long as J.L. Plummer, that
means, that dates back to the last century. Nelly Zamora.
Vice Mayor Alonso: Yes.
Mayor Suarez: Cracker George... I mean, George Adams.
Commissioner Dawkins: Cracker George.
Commissioner Plummer: Cracker George.
Vice Mayor Alonso: We have three, right.
253 January 9, 1992
Commissioner Plummer: Yes.
Mr. Castaneda: Well, Commissioner De Yurre has an appointment in the Coconut
Grove Festival Committee.
Mayor Suarez: No, we are on the Civil Service Board right now. Let's not get
confused here. We can go back to the Coconut Grove Standing Festival
Committee. Is that the festival committee for people who stand in festivals?
All right, anyhow, so, Civil Service Board, is it only three appointments? -
and we are clear who they are, right?
Vice Mayor Alonso: Yes.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-34
A RESOLUTION APPOINTING THREE PUBLIC MEMBERS TO THE
CIVIL SERVICE BOARD OF THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
s Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
43. (Continued Discussion) APPOINT /
COCONUT GROVE STANDING FESTIVAL
Leiva, Esq. - See label 41).
REAPPOINT INDIVIDUALS TO SERVE ON THE
COMMITTEE (Reappointed was: A. Vicky
Mayor Suarez: Yes, on the Standing Coconut Grove Festival Committee, did you
have one, Commissioner De Yurre? Counselor, the Coconut Grove Standing
Festival Committee. May I suggest, City Attorney, City Manager, et al that
you take out the word standing from there just to shorten the name of that
committee to Coconut Grove Festival Committee, Please. It's bad enough as it
is. Vicky Leiva is nominated by Commissioner De Yurre. Seconded by...
254 January 9, 1992
Commissioner Plummer: Plummer.
Mayor Suarez: ... Plummer, I noticed that he moved there. Or Dawkins, that's
close enough. Call the roll. Another one of the blues brothers.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-35
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
ON THE COCONUT GROVE STANDING FESTIVAL COMMITTEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
44. ACCEPT BID: PROJECT DEVELOPMENT GROUP, INC. ($729,920 - TOTAL BID)
FOR ORANGE BOWL MODERNIZATION PROJECT PHASE II (1992) - ASBESTOS -
CONTAINING MATERIALS REMOVAL B-6200 - REQUIRE PROJECT DEVELOPMENT
GROUP TO POST INDEMNITY BOND.
------------------------------------------------------------------------------
Mr. Odio: Mr. Mayor.
Mayor Suarei; Yes.
Mr. Odio: We are ready with 20 - bid came in for seven hundred and thirty
thousand dollars ($730,000) on the Orange Bowl asbestos removal. Prieto, the
name of the Company?
Mayor Suarez: Did I hear seven hundred and thirty thousand dollars for
asbestos removal?
Mr. Odio: In the whole stadium, yes.
255 January 9, 1992
Dr. Luis Prieto: Yes, sir.
Mayor Suarez: Now, let me ask you a question. I mean, I hate to get into
this because I know this is a big deal now and everybody believes this is
extremely important, otherwise, all kinds of folks are going to die, which I
am not sure I am ready to believe. But why was the asbestos in there in the
first place? What was it? It was an essential component of what, insulation,
or why was it there?
Dr. Prieto: No, sir.
Mayor Suarez: It didn't come naturally with all the elements that were used,
did it?
Dr. Prieto: In the fifties, asbestos was a popular construction material. It
was used as temporary formwork, and rather than removing the formwork, the
formwork was left in place and became integral part of the seeding.
Mayor Suarez: They were too cheap to use wood and some of the other natural
materials that God provided. Instead, they went to asbestos.
Dr. Prieto: Exactly, sir.
Mayor Suarez: What is asbestos? What kind of... is that a natural thing,
or...?
Dr. Prieto: Asbestos is a mineral that has a very elongated fiber, and...
Mayor Suarez: But it is produced by us, not by nature?
Commissioner Dawkins: By nature.
Dr. Prieto: It's produced by nature. What we do is grind it up and mix it
with cement and produce...
Mayor Suarez: That's the un-brilliant part.
Dr. Prieto: Yes.
Mayor Suarez: OK. And it cost seven hundred and thirty thousand to remove it
all.
Commissioner Plummer: What's the name of the company?
Dr. Prieto: The company's name is Project Development Corporation.
Mayor Suarez: And this is in a stadium, even though people go to a stadium
for a very short periods of time, very infrequently...
Dr. Prieto: No, sir.
Mayor Suarez: ... and there is no permanent employees in most of the area
that we are going to be removing seven hundred and some thousand dollars
worth?
256 January 9, 1992
Dr. Prieto: If we did not touch the material, it is not hazardous.
Vice Mayor Alonso: That's the difference.
Mayor Suarez: Oh, that's another catch. I remember that.
Vice Mayor Alonso: Yes.
Mayor Suarez: That's a great one.
Vice Mayor Alonso: If you touch it then it's very dangerous.
Dr. Prieto: The reason is...
Mayor Suarez: It's OK as long as you don't touch it because it doesn't come
to the surface. When you touch it, it all comes out and people breathe it and
then it...
Dr. Prieto: Exactly, sir.
Mayor Suarez: But I mean, even for a public facility like this that doesn't
have that much use?
Dr. Prieto: Yes. Because when you remove it, it becomes air ladened and
construction workers breathe it and you are posing them in a hazardous
condition.
Vice Mayor Alonso: It's very dangerous.
Mayor Suarez: Ahl It's for the people that are doing the very work that
brings it out in the first place.
Dr. Prieto: Yes. Ironical, isn't it?
Commissioner Plummer: What was the projected cost?
Mayor Suarez: That's a course in environmental protection right there, and
health.
Dr. Prieto: Seven hundred and eighty thousand dollars.
Commissioner Plummer: Would you break down for me the two other numbers so I
can fill in my agenda? How much was the estimated expenses, and how much was
the estimated amount?
Dr. Prieto: Yes, sir. Don't you have that sheet, sir?
Commissioner Plummer: Sir, mine is blank.
i
Dr. Prieto: OK, can I make a copy for you of the sheet then?
Commissioner Plummer: Fine.
257 January 9, 1992
R
Mayor Suarez: OK, as to the item, do we have a motion?
A. Quinn Jones, Esq.: Mr. Mayor, before, please let the record reflect that
there was a bid protest received on this, and I would suggest to you that if
you...
Mayor Suarez: Are they here to be heard, or how do we handle that bid
protest?
Mr. Jones: Let me... I will suggest that if you award this bid, that it be
conditioned upon, which I understand they have agreed to, the posting of an
indemnity bond which would protect the City in event that the protestor who
has filed this bid protest prevails.
Mayor Suarez: No, no, we can't be giving indemnities. We can't be giving
indemnity bonds. If you want the job, do it, and if they sue, they sue. I
mean, it doesn't stop the work of the person.
Vice Mayor Alonso: They are protecting us.
Mr. Jones: They are protecting us. They are protecting the City.
Mayor Suarez: Ohl So we want an indemnity bond?
Mr. Jones: Yes, sir.
Commissioner Plummer: What is this?
Mayor Suarez: From the lawsuit by the protester? - And they are not even
here? - The protesting entity? I think they waived a lot of rights by not
being here. OK, thank you, you're not giving us much, but.
Commissioner Plummer: Wait a minute. What is the basis of their protest?
Dr. Prieto: Their protest, sir, is that they did not fill certain
requirements. Like they did not sign the pledge of allegiance, they did
not...
Commissioner Plummer: Wait a minute. Are you telling me that we put out RFPs
(request for proposals) that require the pledge to allegiance?
Dr. Prieto: An oath of allegiance, yes, sir, we still do.
Commissioner Dawkins: Oath of allegiance, not the pledge.
Commissioner Plummer: The oath?
Dr. Prieto: Oath of allegiance, yes.
Commissioner Dawkins: Oath of allegiance. He did say the pledge now, but he
meant the oath of allegiance.
258
January 9, 1992
Mayor Suarez: The oath of allegiance to what? - To reelect all of us who are
up here?
Commissioner Dawkins: To the United States of America.
Dr. Prieto: Well, it's a procedural matter that follows State rules and we
are following those. In addition to that, they claim that they are not
properly registered as a Dade County contractor which we have found is not
correct.
Mayor Suarez: That sounds a little bit more important than the other issue
which...
Vice Mayor Alonso: That you have found what?
Dr. Prieto: We have not found to be correct. In fact, I believe that this
contractor is extremely well qualified and we don't find any substance to the
protest.
Mayor Suarez: All right, with all of that on the record, I'll entertain a
motion and with the inclusion of the indemnity bond, so that if we get sued by
the protesting entity, we are covered. I'll entertain a motion.
Vice Mayor Alonso: I so move.
Mayor Suarez: So moved. Seconded by Commissioner Plummer - he is disposing
of cigarette ashes - that's close enough.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: And I would like for all of the Commissioners to hear
this. I sit here and complain, and I have been complaining ever since we
started asbestos work. Now, here is a time when we have a contract worth
seven hundred thousand dollars ($700,000). I personally contacted a black
with a firm which removes asbestos, and I want to read into the record, so
that when the individual meet me in Tallahassee and tell me that we don't help
them, I am going to read into the records, the letter from him. He says,
"Consolidated Techniques Inc. received an invitation to bid asbestos abatement
at the Orange Bowl. Due to circumstances beyond my control, I had to be in
Cleveland, Ohio at the time of the pre -bid meeting. This is the only reason
Consolidated Techniques Inc., did not bid the Orange Bowl project." Now here
is an individual complaining to me all the time that we do not give him any
work, and going to Cincinnati is more important than bidding on a seven
hundred thousand dollars bid. And I would like for this to go into the
records please.
Mayor Suarez: Absolutely.
Vice Mayor Alonso: Yes.
259 January 9, 1992
t
Mr. Jones: Mr. Mayor, excuse me. Before you take the vote, would you please
allow the representative of this company to at least express verbally, I
think, what had previously been requested was a written statement that he
agrees... that this company agrees to provide this indemnity.
Mayor Suarez: Please put that into the record with your name, sir.
Mr. Robert Ankney: Yes, sir. My name is Robert Ankney, I am with Project
Development Group. Our office is in Ft. Lauderdale, Florida. We have agreed
to provide the indemnity bond to acquire this project.
Mayor Suarez: What amount?
Mr. Ankney: Seven hundred and thirty thousand dollars ($730,000).
Mayor Suarez: Or, for the full amount of the contract? All right. Thank
you, sir.
Mr. Ankney: Thank you.
Mayor Suarez: Do we have a motion and a second? I believe we do. Call the
roll on the item.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-36
A RESOLUTION ACCEPTING THE BID OF PROJECT DEVELOPMENT
GROUP, INC. ("PDG"), IN THE PROPOSED AMOUNT NOT TO
EXCEED $729,920.00, TOTAL BID OF THE PROPOSAL, FOR
ORANGE BOWL MODERNIZATION PROJECT PHASE II (1992) -
ASBESTOS - CONTAINING MATERIALS REMOVAL B-6200; WITH
MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1991-92
CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT NO.
404238, IN THE AMOUNT OF $729,920.00 TO COVER THE
CONTRACT COST AND $124,231.24 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $854,151.249
CONDITIONED UPON PDG POSTING AN INDEMNITY BOND IN THE
AMOUNT OF $729,920.00 AT THE TIME THE CONTRACT IS
EXECUTED; AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
260 January 9, 1992
11
11
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
45. PERSONAL APPEARANCE BY GLORIA ROSELLO CONCERNING CITY OF MIAMI TEMPORARY
EMPLOYEES, SPECIFICALLY, THE SITUATION INVOLVING CARLOS POMARES,
PRESENTLY A TEMPORARY EMPLOYEE WITH PARKS DEPARTMENT.
Mayor Suarez: Let me do something, I'm sorry, unless the Commissioner has any
objections, I would like to go to the personal appearances and then right back
to the discussion items that are for the Commission. We have Gloria Rosello
on 37. I know 40 has been withdrawn, so it's like three personal appearances.
Ms. Gloria Rosello: My name is Gloria Rosello, 3007 NW lth Street, Miami,
Florida. I went back to 1988, when Mariano Cruz stood right here and
mentioned to all of you, Commissioner Miriam Alonso was not here, all of the
others were, about the people that work in the Parks Department part time,
thirty-nine and -a -half hours. And I remembered, Mayor, and I went through the
minutes and I read how concerned about this subject.
Mayor Suarez: Of the ones that I was concerned, I have kept track, at least,
in very generic terms of the ones that I remember at the time being in that
category, and many of them, if not most, have in fact been made permanent.
Ms. Rosello: Well, I have...
Mayor Suarez: But the new ones that: come on, and then it was justified to me
by saying that people still are taking part time jobs in the Parks Department,
understanding that they are never going to be full time employees. But that
may not be the ones that you're referring to.
Ms. Rosello: This gentleman is a doctor that was cleaning bathrooms in the
Parks Department, which is nothing wrong, he is very aware that he has to do
it...
Mayor Suarez: That's the job.
Mr. Rosello: ... because he doesn't know the language. But he has been in
there for five years. They have passed over him, a lot of people in the Parks
Department. I heard somebody else that had been eight years in the Marina. I
don't think, I mean, this doctor here began as a part timer of course, because
there was nothing else. He went through, he got sick at one time, and we all
had together and get money for him to get an operation on his tip, because he
261 January 9, 1992
didn't have no insurance. Five years have gone by and you mean to tell me,
there has been no one opening in the City of Miami in the Park Department, at
least to sweep the floors? So this gentleman that is about fifty-nine years
old right now, at least could be in peace to go to study at night. I mean, he
is not asking to put himself in a desk.
Mayor Suarez: OK. We are kind of referring to one individual case and that's
important because we should very quickly get it clarified. I just heard from
one of aides who said that one of the answers was that under the civil service
rules that's not the way we hire people on mere length of wait period, but,
you forget, this Commission made it a policy by resolution to instruct the
City Manager to the extent that it doesn't violate any of other rules and
ordinances, to do precisely that. - to fill the positions with the people who
had been there. Now, where did we go wrong on this gentleman?
Mr. Al Ruder: Well, we have about two hundred and forty-four part timers and
he is one of them, and he is a very good worker.
Mayor Suarez: All of them don't every expect to ever be full timers.
Mr. Ruder: Right.
Mayor Suarez: We have established that, but this one obviously did. He has
got thirty-nine and -a -half assignment and he wants forty.
Mr. Ruder: Over three... well, you know, we just don't have a position,
especially in the golf courses, we haven't had a full time position in a long
time. The golf courses have not made money, only...
Mayor Suarez: Why do you mention the golf courses? Is that what he wants to
do?
Mr. Ruder: Well, because that's where he works now. - on the golf course.
But in the last three years, we've had twenty-nine part timers promoted to
full time positions.
Mayor Suarez: Yes. I've been keeping an eye on the statistics and it's...
Mr. Ruder: And we've had thirty-two full timers to other full time positions.
That's a total of sixty-one just in one department. And obviously, we are
never, you know, we are not going to be able to make everyone happy, and you
know, whenever we have had a position, we follow your directive, you know, to
promote with within, and that's what we... all these positions...
Mayor Suarez: But it is conceivable that a position would become open in the
golf course, let's say, and that you would hire someone from right out of the
street as opposed to this gentleman, this doctor?
Mr. Ruder: No. If it's a full time position, they would always have to be a
City employee. So, that would mean that if they are a part timer, they are
considered a City employee.
Ms. Rosello: Mayor, I am sorry.
262 January 9, 1992
Mayor Suarez: You've got your test right there. If you can prove to us that
during the time that he has been requesting full time status...
Ms. Rosello: Mayor, I will pull out all 922's from the Parks Department, and
it will not be pretty.
Mayor Suarez: I don't know what that means, 922's but if you can prove...
Ms. Rosello: The form that you fill out when the person get employed.
Mayor Suarez: Yes, I don't know, and I don't care. If you can prove that
someone... that this fifty-nine year old doctor who has been there...
Vice Mayor Alonso: Five and -a -half years.
Mayor Suarez: ... and waiting to be made into a permanent employees for four
years, or whatever number of years it is...
Vice Mayor Alonso: Five and -a -half.
Mayor Suarez: ... five and -a -half -years was passed over for a golf course job
by someone totally from outside, then that contradicts what he just said, so.
Mr.*Rosello: Will you give him permission to go into Personnel and pull out
the 922's?
Vice Mayor Alonso: They are public record, yes. You can request.
Mayor Suarez: I don't know how far you can go in pulling out other people's
personnel files, but we certainly can give, I don't know what the 922's are,
but we certainly can give you the answer as to whether anybody has in fact
been hired during that time for the golf courses, and if in fact, they were
not from the City, and that would answer the question. To me, at least, it
would answer the question.
Vice Mayor Alonso: You know that we have similar situation... excuse me, just
one second, so maybe, you can address all together. Also women in day care
centers, fifteen years.
Unidentified Speaker: Seventeen.
Vice Mayor Alonso: Seventeen. To me, that's a long, long time.
Ms. Rosello: Unbelievable.
Vice Mayor Alonso: The system is wrong.
Commissioner Dawkins: Mr. Mayor, Charlie wants to say something.
Vice Mayor Alonso: Yes.
Mayor Suarez: Charlie, please.
263
January 9, 1992
Mr. Charlie Cox: You know, your system may be good, and now we've got some
things in place that are going to address the part time issues, because we
know that there is a problem. But I can tell you, Charlie Cox has been with
the City eighteen years, OK? Charlie Cox has been on numerous registers.
Charlie Cox has not received one promotion. So when somebody comes here and
says to you, OK? - that somebody has been here five and -a -half years - and
we've got employees with twenty, and thirty, and forty years of service that's
never received a promotion. If you're going to do it strictly by seniority...
Mayor Suarez: Charlie, promotions are a little bit trickier, but we were kind
of led to believe that in Parks, if you are an able body person who have
passed all the drug test, and who is otherwise able to do the job, whatever it
may be, and you had been there for a long time, you would be given first shot
at it.
Mr. Cox: But five -and -half years, Mayor, is not a long time. I am sorry.
Commissioner Dawkins: At the golf course, it may be.
Mr. Cox: We've got a whole bunch of employees that's been here...
Mayor Suarez: If someone who... if she is able to establish that people came
in from the outside and were passed over, that this individual was passed for
them, that shows the problem that she is illustrating.
Mr. Cox: But the problem is, we all have to qualify for jobs. We all do.
Commissioner Dawkins: We're not talking... OK, I'm sorry.
Mr. Odio: I'll tell you, Mr. Mayor, we welcome the review of all records.
I'm being assured by Ruder that he has not brought anybody from the outside.
The rule is that we don't, so, let her check all the records.
Commissioner Dawkins: No. The 922's is public information. Have somebody
provide my office with the 922's - from what year to what year? - in the Parks
Department.
Ms. Rosello: This that I am looking at...
Mayor Suarez: Yes, when is that...
Ms. Rosello: ... is from September of 1988 when Mariano Cruz...
Mayor Suarez: That's when we had the hearings, right. That's when we had the
hearings.
Ms. Rosello: ... stood here and said the name was James Lee, that to him, it
was a long time for two years. And you, Mayor, said that it was not
admissible for somebody to be in the City for two years, and at that time they
made him a full time employee because it was too much of a long time.
Mayor Suarez: Well, I'll even say...
Ms. Rosello: This doctor was already...
264 January 9, 1992
0
Mayor Suarez: I don't know the case of your doctor, but I'll even say that as
a general rule they have done a magnificent job in overcoming what seemed to
be at the time, a sort of, you know, you're going to be temporary forever - I
remember I used to call them permanent temporary, and we are going to bring in
outside people to fill in all these juicy jobs that come up. That, since I
have been monitoring it, I've not seen it happen. If you can prove otherwise
I would be very interested in that. And we really have to check your doctor.
If you can give us his name, that might...
Ms. Rosello: It's Carlos Pomares is his name.
Mayor Suarez: All right.
Ms. Rosello: You could check all his records.
Mayor Suarez: And see if anybody has since...
Ms. Rosello: But when he came in, and like him, there are many people.
Mayor Suarez: Right. If anybody has... well, that's... let's try to prove
one because I've not been able to catch him on any since that time, and if
they have been doing it, maybe, there are some violations of our rules and our
policy enunciated by this Commission. But I've not been able to catch him, so
we ought to check that one.
Mr. Ruder: Yes. Out of the twenty-nine part timers that we've promoted in
three years to full time positions, they were first part timers, so they were
all within inside the City already.
Mayor Suarez: I understand.
Mr. Ruder: And so, you know, at some...
Mayor Suarez: They are all in the same category.
Mr. Ruder: Well, in different categories. Sometimes we promoted from Public
Facilities to Parks, and from Parks to Public Facilities.
Mayor, Suarez: I meant, they were all part timers...
Mr. Ruder: Sure.
Mayor Suarez: ... that were in the Parks Department?
Mr. Ruder: And the average number of years of service for the promotions as
averaged, rounding off, was about four years. Now obviously, there are a lot
of people...
265 January 9, 1992
Mayor Suarez: And there's no automatic rule that says that because the doctor
has been around longer, he would get preference, either. There's no automatic
seniority rule. Let's clarify that.
Mr. Ruder: That particular doctor is a great worker, but at the same time, we
have a whole bunch of other workers and if we just went by seniority, we just,
you know we have an interview process and we try to evaluate everything and
there's some people that have been eight years and, you know, some people,
some very good workers have been here two or three years.
Vice Mayor Alonso: Has he applied for any other position within the
Department that has been open?
Mr. Ruder: I think, recently, he applied for not only a position within our
Department, but a position in another department also. This was about six
months ago. Because one of the interesting things that we found is an
educational process, that a lot of the part-timers did not even know how to
apply for a full-time job, and we got together and with personnel management
we had training classes for them so they would understand that it's not like
the private sector, that you just... you got to be on a register and the
registers expire and the job announcements expire. So I think that's a very
positive step that we took.
Mayor Suarez: In the old days, the register would expire before you got a
chance to apply...
Vice Mayor Alonso: Of course, very conveniently.
Mayor Suarez: so that you could get your favorite person the job, but I've
not seen that happen and I'm proud of our department for that, but we're going
to have check this one out and if you can show anybody that was hired from the
outside over and above this gentlemen with the...
Ms. Rosello: In the Parks Department.
Commissioner Dawkins: We'll make the judgment.
Mayor Suarez: In the Parks Department at that level. Now there may have been
I some people brought in at a higher level.
Vice Mayor Alonso: Do you think he will have an opportunity?
Mr. Ruder: Or anybody. For a full-time...
Ms. Rosello: I could go ahead right to their names and pull the 922's. I'll
be glad to give them to your office.
Commissioner Plummer: Well, let me ask one question. I'm assuming when you
say that this man you feel is entitled, you're also saying that he qualifies
for the position.
Ms. Rosello: Of course.
Commissioner Plummer: NO, no. That I didn't hear.
266
January 9, 1992
Ms. Rosello: I mean, maybe he's overqualified for the position.
Commissioner Plummer: Might be overqualified doesn't mean he is qualified for
the position. That I think is very important.
Mr. Odio: But just to repeat...
Ms. Rosello: It was only to clean bathrooms.
Mr. Odio: ... just to repeat...
Commissioner Plummer: It's not the point.
Ms. Rosello: Commissioner Plummer...
Commissioner Plummer: You made mention of the fact that the man did not speak
English. If the position is required that he speak English and he cannot, he
is not...
Ms. Rosello: I mean he doesn't speak the English fluently. I'm not talking
about, he knows how to communicate with people.
Commissioner Plummer: That's not what you said. You said he does not speak
English.
Ms. Rosello: Well, I'm sorry... Correct the record.
Commissioner Plummer: And if the job requires that he speak English, then
he's not qualified. Then that would be a reason. And I'm not speaking to
this one individual. What I'm saying is, is that anyone that is going to go
full time, -one of the criteria, and the first criteria in my book, is that he
has to be qualified for the position that he's seeking.
Ms. Rosello: I know that, and he has. I mean if he works in the Parks
Department and there is a job opening for this same thing that he's doing for
full time and here comes somebody from the outside, it's not fair.
Mayor Suarez: All right, thank you.
Ms. Rosello: Thank you.
Commissioner Plummer: You've given her permission to go look?
Vice Mayor Alonso: Yeah.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: Please, please Doctor, Doctor. All right, we reflect for the
record that you were observing the City Manager reacting a particular way, but
we can't do that totally free-lancing out there. Keep the body language
without the noise.
Commissioner Dawkins: Yeah, it doesn't go in the minutes.
267 January 9, 1992
Mayor Suarez: It doesn't go in the minutes.
--------------------------------------------------------------------------
46. CONTINUED DISCUSSION CONCERNING SELECTION OF THE MOST QUALIFIED TEAM TO
PROVIDE PROFESSIONAL SERVICES FOR THE DESIGN, PREPARATION OF
CONSTRUCTION DOCUMENTS, AND CONSTRUCTION ADMINISTRATION OF AN OLYMPIC
POOL SWIMMING COMPLEX FOR CHARLES HADLEY PARK - REQUEST MANAGER TO
PROVIDE NEW MEMBERS FOR SELECTION COMMITTEE - CITY ATTORNEY INFORMS THAT
PURSUANT TO CITY CODE, THE CHAIRPERSON OF SAID COMMITTEE MUST BE A
DEPARTMENT DIRECTOR OR PRINCIPAL USER OF THE FACILITY (See labels 19, 25
& 49) .
------------------------------------------------------------------------------
Mayor Suarez: Item 38. Morningside Association Traffic Committee. Are they
here? Yes.
Commissioner De Yurre: Mr. Mayor, while they're coming up...
Mayor Suarez: No City employees allowed to be part of this, particularly
Firefighters now.
Commissioner De Yurre: Mr. Mayor, it's my understanding that we need to
appoint a chairperson for this situation on the Competitive Selection
Committee for the Hadley Pool and I don't know who... Cesar.
Mayor Suarez: Mr. Manager.
Mr. Odio: We need to appoint a chairperson for the Hadley Park situation.
Commissioner Dawkins: You know what? You know what? Here we go again. Now
I'm in charge, I mean it's my park. You all just overlook me.
Commissioner De Yurre: Take it.
Commissioner Dawkins: Thank you. Now who are you going to appoint as the
chairperson?
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD).
Commissioner Dawkins: No, no, no. No, no, no.
Mr. Odio: It's your decision, really.
Mayor Suarez: I think you just have to formalize the recommendation. Is
there a recommendation at this point?
Mr. Odio: We're only recommending names for ten members...
Commissioner Dawkins: Yeah, but you got to appoint somebody.
Mr. Odio: Really, I, a chairperson...
268 January 9, 1992
6
Commissioner Dawkins: We don't even know who you got. I don't know what
names you got to choose from.
Vice Mayor Alonso: Are we going back to, what, the swimming pool?
Commissioner Dawkins: Yes. Yeah, I know, but I've been here and damn it,
you've been gone. Who are the names you got so we'll know who to choose?
Table it until we get through. Go on with whatever you got.
Mr. Jones: Mr. Mayor, in terms of the chairperson, the Code requires that,
let's see hold on, that the chairperson be either member representing the
Department or the member representing the principal user of the project.
Commissioner Dawkins: Well, the kids in Hadley Park would be the principal
users. So, I'll go get a kid out of Hadley Park, I mean out of Hadley Park?
Mr. Jones: Yes.
Mayor Suarez: Mr. Goldfarb, we appreciate your interest in our proceedings.
Would you please get back to your newspaper man's box over there. All of the
staff of the City, Mr. Cox and Angela and everybody, let's have a little bit
of attention to the proceedings and those on the phone, including my own
staff, nice and soft and my fellow Commissioner to my right, also. And the
other one that says no speak English. Where are we? Is this so complicated
that we can't act on it, folks? We've got other matters we've got. We've got
the Morningside Association traffic...
Mr. Odio: We had a list of...
Commissioner De Yurre: Give the list to Commissioner Dawkins while we deal
with this.
Mr. Odio: We had a list of names that were being typed. I didn't know this
was coming up now. It's coming up.
Mayor Suarez: All right. Table the matter for the moment until we're ready
on it.
269 January 9, 1992
----------------------------------- ------------------ -------------------------
47. AUTHORIZE RESIDENTS FROM THE MORNINGSIDE AREA TO GO FORWARD WITH THE
PERMANENT INSTALLATION OF BARRICADES IN THEIR AREA, GIVEN THAT BIDS ARE
NOW IN AND THE MONEY COLLECTED BY THE RESIDENTS IS IN PLACE.
Mayor Suarez: Morningside.
Ms. Margaret Ralph: Mr. Mayor and Commissioners we are here for the final leg
of our presentation. We have the bids.
Mayor Suarez: We're on our final leg, too, up here.
Ms. Ralph: We have the money and we need your approval to go forward.
Mayor Suarez: You have the money?
Ms. Ralph: We have the money.
Mayor Suarez: You need our approval? Is there anybody opposing? Let the
record reflect no one stepped forward.
Vice Mayor Alonso: So move it.
Mayor Suarez: Moved by the Vice Mayor and seconded by Commissioner Dawkins
and move that sheet of paper. That's close enough.
Ms. Ralph: Thank you.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 92-37
A MOTION AUTHORIZING RESIDENTS FROM THE MORNINGSIDE
AREA TO GO FORWARD WITH THE PERMANENT INSTALLATION OF
BARRICADES IN THEIR AREA GIVEN THAT BIDS ARE NOW IN
AND THE MONEY COLLECTED BY THE RESIDENTS IS IN PLACE.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
270 January 9, 1992
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AYES% Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS AFTER ROLL CALL:
Mayor Suarez: That's the most harmonious item we've had all day.
Vice Mayor Alonso: Wonderful. The best.
Ms. Ralph: Thank you very much. Margaret Ralph. 424 Northeast 51 Street.
Thank you.
Mayor Suarez: Very good, Margaret. Thank you, ma'am.
Vice Mayor Alonso: Wonderful.
Mayor Suarez: Go and sin no more.
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48. PERSONAL APPEARANCE BY RAFAEL FERNANDEZ REQUESTING USE OF MIAMI MARINE
STADIUM IN CONNECTION WITH CONFERENCE OF CONFIDENCE EVENT - REFER TO
ADMINISTRATION TO IDENTIFY ALTERNATE SITE.
Mayor Suarez: Item 39. Rafael Fernandez. Use of Miami Marine Stadium.
Commissioner De Yurre: Mr. Mayor, if after this item, we could take up the
MCI because we're ready.
Mayor Suarez: The MCI... I was afraid you were going to say that.
Commissioner Plummer: There he is. He's smiling back there.
Mayor Suarez: I'm going to ask the MCI people. Do you all want to move to
Miami? Because, you guys are not from Miami, I don't think, but I presume
that there is such an interest in Miami as the site... John, the only thing I
can conclude, as opposed to Jacksonville, is that none of these guys want to
live in Jacksonville and they all want to bring spouses and kids and
everything over here and I can't blame you because I can see that the bug has
bitten you. All right, sir.
Mr. Rafael Fernandez: Mr. Mayor, Commissioners. My name is Rafael Fernandez
and I think it's important to say for the purpose that I'm here, that I'm a
family member and that also I am a chairman of a nonprofit organization that
is not tied down to or affiliated with any religious organization. The reason
I'm here is to petition the usage of the Miami Marine Stadium to have a
conference directed towards the family.
271 January 9, 1992
Mayor Suarez: It's nonprofit, non -denominational?
Mr. Fernandez: Right.
Mayor Suarez: Not religious. ... wants to use the Marine Stadium.
Mr. Fernandez: The reason being to bring the families of Miami together on a
specific day. Bring out the importance of family unity, quality time, love,
communication.
Mayor Suarez: Why don't you start with something... Do you have a big
organization, Rafael?
Mr. Fernandez: Well, if we bring together a couple of the speakers, it might
bring together a lot of people.
Mayor Suarez: But do you have those speakers lined up yet?
Mr. Fernandez: I was hoping to find out what's going to happen today.
Mayor Suarez: Because what happens, is maybe you ought to start with a
smaller setting.
Vice Mayor Alonso: Facility. Yes.
Mayor Suarez: Artime is a lot smaller, but even before Artime, you've got a
couple of smaller ones in the City that we could use. In fact, this
Commission Chambers. I mean, you've got some other facilities that don't cost
as much the Marine Stadium to operate. Unless you want to do this at your own
cost.
Mr. Fernandez: Well, we were hoping, of course... I'm here because...
Mayor Suarez: To waive fees.
Mr. Fernandez:... we need your help. But, Miami Marine...
Mayor Suarez: We cannot waive fees. We don't have that ability anymore.
We've pledged ourselves to not waive fees at all. We could... Bayfront Park
Amphitheater, if you paid all the expense of it, we might have some community
days left, but you've got to show that you've got a pretty good organization,
that you're going to have a lot of people showing up and it's something that's
going to involve the whole community, not just an idea of having a conference
dedicated to the family, as worthy as that sounds.
Commissioner Plummer: What is your proposed attendance?
Mayor Suarez: How many people do you think will be attending or what do you
propose?
Mr. Fernandez: Hopefully, at least a hundred and fifty, two hundred families.
Commissioner Plummer: One hundred and fifty?
272 January 9, 1992
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Mr. Fernandez: Two hundred families.
Mayor Suarez: What's a good facility that might be available at...
Commissioner Plummer: The Marine Stadium is 7,000 seating. How about the
Artime Center?
Vice Mayor Alonso: Artime is the closest to...
Mayor Suarez: Artime. There is Dr. Lizaso and...
Commissioner Dawkins: I'll wait till you get through, but I want Plummer...
Commissioner Plummer: How about Tower Theater?
Vice Mayor Alonso: Yes. Yes. Let's have it done right away. Artime.
Mayor Suarez: The Tower Theater isn't ready yet, but ultimately that would be
the ideal size.
Vice Mayor Alonso: That would be the ideal size.
Mayor Suarez: That would be the ideal size for what you want.
Mr. Fernandez: I believe also, if possible,...
Mayor Suarez: God knows that'll be the most interesting that happened there
in a long time.
Vice Mayor Alonso: It's going to be the best. Number one.
Mr. Fernandez: I think also that, like you said, Bayfront Park has a certain
amount of days that are waivered, I think forty-five days a year that are
waivered, for this purpose or something like it.
Mayor Suarez: Even then you have to pay the insurance, you have to pay for
services and, depending on the number of people you expect, that would run
into the thousands of dollars. Or at least hundreds.
Vice Mayor Alonso: What kind of activity do you have in mind? It's
speakers...
Mr. Fernandez: Speakers, music...
Commissioner Dawkins: You know I told the gentleman, Mr. Mayor, that we have
free days at the amphitheater in Bayfront Park and I told him he would be much
better off asking us for one of those free days at Bayfront Park than he would
asking for the Marine Stadium.
Commissioner Plummer: What day of the week is this proposed?
Mr. Fernandez: A Saturday.
ii
273 January 9, 1992
11
Commissioner Plummer: My problem there, you know, the more you give away
free, the more subsidy is going to be required. Saturday... Friday, Saturday,
and Sunday I would strongly suggest that this Commission do not allocate
because those are the days we can, sometimes, make money. You know, if they
could do it on an off day, Monday, Tuesday, Wednesday or Thursday, the
amphitheater under normal circumstances is vacant. But don't... I would
strongly urge this Commission not to tie up...
Commissioner Dawkins: Well, this was only a...
Vice Mayor Alonso: Is he doing this alone?
Commissioner Dawkins: ... I mean it's his affair, he has to run it, I only
made a suggestion. It's entirely up to him what he chooses to do.
Vice Mayor Alonso: Are you doing this alone, as a group?
Mayor Suarez: The ideal facility is Artime, I think, sir. Unless, you know and what is the rental now for the Artime?
Mr. Odio: Artime is four hundred and - a hundred and fifty dollars.
Vice Mayor Alonso: Four hundred - no, three fifty.
Mr. Odio: A hundred and fifty dollars.
Mayor Suarez: And with all due respect, if you don't have the three fifty -
three hundred and fifty?
Mr. Odio: One fifty.
Mayor Suarez: One fifty? He's saying three, you're saying one.
Vice Mayor Alonso: No, no. Three fifty.
Mr. Odio: I'm sorry, three fifty.
Mayor Suarez: Three fifty. If you don't have three hundred and fifty dollars
and you don't have a big enough group to contribute three hundred and fifty
dollars, the best that I can suggest is to use these Commission Chambers, or
something. I mean three hundred and fifty is not a large amount of money...
Vice Mayor Alonso: May I ask you...?
Mayor Suarez: ... you've got to be able to round that out to show that you've
got a viable group, OK?
Vice Mayor Alonso: Do you have an organization or is...?
Mr. Fernandez: Well, it's... it would be connected together with a lot of
people. I'm a part of also a radio program and that I know can collect a lot
of people also. So, together will all the efforts, we can bring together -
and it's for October is what I asking for. To give us the time to promote.
274 January 9, 1992
Mayor Suarez: OK. Let's refer you to the Administration. They'll work with
you, but the Artime Center sounds like the closest thing to a logical one and
three hundred and fifty dollars... frankly, this Commission cannot get
involved right now in helping any group that doesn't have... maybe totally
indigent people, or something but that don't otherwise have three hundred and
fifty dollars to stage an event. We just can't take the time for that. So
you have to go to the Administration and see if they can help you a tittle
bit. OK?
Mr. Fernandez: OK.
Commissioner Dawkins: And this is your first time out. Next time, you'll
know different.
Mr. Fernandez: Right, and it will be referred to the Administration for
consideration?
Commissioner Dawkins: The gentleman right there.
Mayor Suarez: And Miss Ambey was suggesting something quite interesting. One
of my aides. Maybe you could use the showmobile in one of the regular City
Parks. Or a parking lot of a church or somebody that could lend you that.
And the showmobile can be rented for less than that, I believe.
Commissioner Dawkins: You can have the showmobile right out in front of here.
Mayor Suarez: Right. Or right out in front.
Commissioner Plummer: Uh, uh. Seven fifty.
Vice Mayor Alonso: No, it's more expensive.
Mayor Suarez: Actually, I think the showmobile may end up being more
expensive than his facility.
Vice Mayor Alonso: More expensive. Isn't it? Like...
Mayor Suarez: Check his facility out, he's looking to rent it. You can tell
he's...
Vice Mayor Alonso: It's more expensive. Yeah, that's what I thought.
Mayor Suarez: ... all excited about it already.
Commissioner Dawkins: So talk with the Manager now, over here, and then let
him...
Vice Mayor Alonso: The Artime is very nice.
Mayor Suarez: And if the purposes are logical and you want to invite speakers
and if we think that we can support it, you can get letters of support and
stuff from us. Just please don't get us involved in anything that is
improper, immoral, unconstitutional...
275 January 9, 1992
Vice Mayor Alonso: Artime is very nice.
Mayor Suarez: ... or otherwise objectionable. All right?
Mr. Fernandez: No. No. No.
Mayor Suarez: Great. It doesn't sound like you are.
Mr. Fernandez: Thank you. Thank you.
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49. (continued discussion) REJECT SELECTION COMMITTEE'S RECOMMENDATION AS TO
MOST QUALIFIED TEAM TO PROVIDE PROFESSIONAL SERVICES FOR THE DESIGN,
PREPARATION OF CONSTRUCTION DOCUMENTS, AND CONSTRUCTION ADMINISTRATION
OF AN OLYMPIC SWIMMING POOL COMPLEX FOR CHARLES HADLEY PARK - APPOINT
HERBERT BAILEY AS CHAIRMAN OF NEWLY -CONSTITUTED SELECTION COMMITTEE (See
labels 19, 25 & 46).
------------------------------------------------------------------------------
-� Mayor Suarez: We'll go back to the discussion items and the first one of
! which I know Sam Dubbin has been around. Counselor. Item 32.
Vice Mayor Alonso: Yes.
Mayor Suarez: There's Sam. Silent Sam.
Commissioner Dawkins: And Mr. Mayor, they've come up with Herb Bailey as a
Chairperson of the committee.
Commissioner De Yurre: Second. You have to put that in the form of a motion.
Vice Mayor Alonso: What was that?
Commissioner Dawkins: For the selection committee on the Hadley Park
architect, design and construction. They've come up with flerb Bailey as the
chairperson of the committee. I so move.
Commissioner De Yurre: Second.
Commissioner Plummer: Who are the other members, Mr. Manager?
Commissioner Dawkins: The other... Diane Johnson - oh. City Employees?
Commissioner Plummer: No, the private sector.
Commissioner Dawkins: Raul Rodriguez, Architect; Raqueeb Albaari, Architect,
Alvaro Mareno, Engineer; Vincent Omachanou, Engineer; E. W. Franklin Stirrup,
Engineer; Kenneth Pfeiffer, Pool Consultant, Engineer.
Commissioner Plummer: Fine. I don't know one of them, but as long as they're
represented and they're in that field, that's great.
276 January 9, 1992
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Mr. Odio: You know Raul.
Commissioner Dawkins: They got six from the private sector and five from City
employees.
Mayor Suarez: Need that in the form of a motion.
Commissioner Dawkins: I moved and De Yurre seconded.
Commissioner De Yurre: Second.
Mayor Suarez: Call the roll on that. Selection committee.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-38
A RESOLUTION REJECTING THE FINDINGS OF THE COMPETITIVE
SELECTION COMMITTEE AS TO THE MOST QUALIFIED TEAMS IN
RANK ORDER, TO PROVIDE PROFESSIONAL SERVICES FOR THE
DESIGN, PREPARATION OF CONSTRUCTION DOCUMENTS AND
CONSTRUCTION ADMINISTRATION OF AN OLYMPIC POOL COMPLEX
FOR CHARLES HADLEY PARK; AUTHORIZING THE CITY MANAGER
TO APPOINT A NEW COMPETITIVE SELECTION COMMITTEE IN
ACCORDANCE WITH SECTION 18-52.3 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, SUCH COMMITTEE TO
HAVE NO FEWER THAN TEN (10) MEMBERS WITH FIVE (5) OR
MORE MEMBERS TO BE PROFESSIONALS FROM THE PRIVATE
SECTOR IN THE FIELD OF ENDEAVOR OR PRACTICE INVOLVED;
AND APPOINTING HERBERT J. BAILEY, ASSISTANT CITY
MANAGER, AS CHAIRPERSON FOR SAID COMPETITIVE SELECTION
COMMITTEE, AND DIRECTING SAID COMPETITIVE SELECTION
COMMITTEE TO REPORT ITS FINDINGS TOGETHER WITH
SUPPORTING INFORMATION TO THE CITY MANAGER AND TO FILE
A COPY OF ITS FINDINGS WITH THE CITY CLERK.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
277 January 9, 1992
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50. (A) (Continued discussion) APPROVE TERMS OF AGREEMENT WITH MCI TO
DEVELOP THE FLORIDA RELAY SERVICES PROJECT FOR THE HEARING
IMPAIRED (A TELECOMMUNICATION RELAY SERVICES PROJECT FOR THE STATE
OF FLORIDA) WITHIN CITY LIMITS.
(B) AMEND CODE ARTICLE VIII, CHAPTER 54, TO CONFORM WITH PERTINENT
STATE STATUTE AS TO COMPENSATION, LICENSE AND PERMITTING FEES,
ETC. (See labels 24 & 29).
------------------------------------------------------------------------------
Commissioner De Yurre: Mr. Mayor, if we can deal with item MCI?
Mayor Suarez: You want to try MCI before item 32? All right, go ahead.
Sorry, Commissioner's prerogative.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Sam is smiling, you know, he is trying to figure out how he is
going to stretch his fee to cover all of this.
Vice Mayor Alonso: Do you have an agreement?
Commissioner De Yurre: I think that we have worked out a proposal that is
beneficial to all parties involved. It was determined by the Finance
Department that money due and owing by MCI to the City of Miami was the
approximate amount of two hundred and ten thousand dollars ($210,000). We
have worked out a deal for the Commission's consideration wherein this two
hundred and ten thousand dollars is going to be paid over a four year period
in amounts of fifty-two five per year.
Mayor Suarez: I take it that would be an inducement as opposed to any sort of
implication that it's a settlement of the other issue, right? - So that it
doesn't...
Commissioner De Yurre: We still maintain all rights to go after Western
Union.
Mayor Suarez: All right. OK.
Commissioner De Yurre: Fully.
Commissioner Dawkins: Who does? We do, or they do?
Commissioner De Yurre: We do. OK? Now, the fifty-two five is going to be
paid over four years in the form of a credit. We will receive fifty-two
thousand five hundred thousand dollars ($52,500) credit in long distance calls
of the over one hundred thousand dollars ($100,000) that we spend annually, by
using MCI, which the rate is twenty-four percent lower than what we presently
pay. So based just over a four year period, the twenty-four percent savings
is a savings of a hundred thousand dollars on top of us getting the two
hundred and ten thousand dollars ($210,000) that we are going to be receiving.
278 January 9, 1992
Mayor Suarez: That's an additional bonus in effect?
Commissioner De Yurre: It's an additional bonus.
Mayor Suarez: What if we stop making long distance phone calls?
Commissioner Dawkins: You know, I hear that. It would be wonderful if that
were true. I mean, how much are we talking about they owe us?
Mayor Suarez: Two hundred and ten.
Commissioner De Yurre: Two ten.
Commissioner Dawkins: Two hundred and ten. If you go by a CD (certificate of
deposit) with two hundred and ten thousand dollars, what would be the return
on it?
Mayor Suarez: Roughly, twenty thousand dollars a year.
Commissioner Dawkins: Twenty thousand dollars a year.
Mayor Suarez: Four years will be...
Commissioner Dawkins: So they're giving you four thousand dollars? Isn't
that generous?
Mayor Suarez: Right.
Commissioner Dawkins: Go right ahead, Mr. De Yurre.
Mayor Suarez: You need to get an additional bonus of about five a year. All
right.
Commissioner De Yurre: Basically, those are the parameters that we've
established as far as what they owe us.
Mayor Suarez: OK. Inducements?
Commissioner De Yurre: As far as henceforth, we continue that we would adopt
the State Statute at issue as our ordinance dealing with this matter for any
new license or permit that is requested of the City.
Mayor Suarez: And attempt to the best of our abilities to keep imposing the
same amount on the old licensees.
Commissioner De Yurre: Well, up until the end of this year which will be June
30th. After June 30th, July 1st, everybody comes under the State Statute.
Under the State Statute of course, we have the right which we want to exercise
of imposing the higher of the five hundred dollars ($500) per mile...
Mayor Suarez: Or?
Commissioner De Yurre: ... or the cost, the actual cost to the City which we
expect it to be higher than the five hundred dollars.
279 January 9, 1992
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Mayor Suarez: If we can establish that to be higher.
Commissioner De Yurre: We have to establish that the proper procedure of
hearings, and we expect to be able to adopt that figure beginning July 1st.
Miller.
Commissioner Dawkins: You know, you say that they are going to pay two
hundred and something. What happens to the money that's owed from Western
Union?
Commissioner De Yurre: We have the right to go after them for that amount.
Commissioner Dawkins: Why should I have the right to go after them when they
assumed all debts?
Commissioner De Yurre: Well that is not...
Commissioner Dawkins: When they assumed Western Union, they assumed Western
Union debts. When they assumed Western Union debts, they assumed my money
that Western Union owed me. And for me to sit up here and tell them that it's
my responsibility to go after Western Union... it's their responsibility to go
after Western Union and get my money. And that's how I feel.
Commissioner De Yurre: It has never been established that they stepped into
the shoes of Western Union.
Commissioner Dawkins: Well, that's why they're in court. But they are in
court to say that they don't owe me. I am in court to say they do.
Commissioner De Yurre: Well, we're not in court yet. That's why we went
through this procedure, to try to avoid going to court.
Commissioner Dawkins: But I don't see this Commission giving them everything
you're giving them and then allowing them to tell you that it's your
responsibility to go and collect money that they are in court saying they
don't owe us. I mean, that's not fair.
Mrs. Lucia Dougherty: Commissioner Dawkins, we did not buy Western Union, we
only bought assets from them. We don't own that company.
Commissioner Dawkins: Beg pardon?
Mrs. Dougherty: We do not own Western Union.
Commissioner Dawkins: But when you bought Western Union, the part that you
bought...
Mrs. Dougherty: ... which...
Commissioner Dawkins: ... wait a minute now, the part that you bought owed me
some money. Well, all right, how did you get in court?
280 January 9, 1992
Mrs. Dougherty: We only bought assets. It's like we bought a car from a...
you know, it's like you went and bought a car, you don't own the debts of that
person you bought the car from.
Commissioner Dawkins: Beg pardon? Wait a minute, slower, slower.
Mrs. Dougherty: We only bought the assets. We bought the utilities, we
didn't buy the company.
Commissioner Dawkins: Well how am I, the City of Miami, arguing with them
about money that Western Union owes me?
Mrs. Dougherty: It's a separate company, that's why.
Commissioner Dawkins: Beg pardon?
Mrs. Dougherty: It's a separate company. We didn't buy their debts, we only
bought their assets. We bought their infrastructure, we didn't buy their
assets, the didn't buy the company.
Commissioner Dawkins: You had to. You had to buy their liability.
Mrs. Dougherty: We didn't buy their liability. We didn't buy their assets.
We only bought the assets not the company. The company owes you the money.
Commissioner Dawkins: The company... you know, this is what I'm saying. You
guys want the kitchen, the stove, and the sink. You don't want to give up
nothing. You know, and it's ridiculous, Lucia, for you all to stand up there
and try to beat the City of Miami out of everything. They owe this money.
Mayor Suarez: It's funny how everybody tries to buy assets...
Commissioner Dawkins: Without liability.
Mayor Suarez: ... and never liabilities. You know, except for one case, put
this in your computer and figure this out. With the banking debacle, no one
wants to buy the assets, everybody wants to buy the liabilities, which are the
accounts. Now, that shows me that the accountants don't know what the hell
they are talking about when they call the accounts liabilities and the money
owed to the bank assets, but figure that out. Anyhow, back to the issue at
hand. All right Commissioner, anything further?
Commissioner De Yurre: I think those are the ... any other issues that are...
points that I have missed?
Mrs. Dougherty: Yes. In the event that for some reason, legally you can't
move into MCI initially, then we will pay you fifty thousand dollars ($50,000)
in cash and the rest over in in -kind services.
Commissioner De Yurre: Over the four year period?
Mrs. Dougherty: Over the four year period.
281 January 9, 1992
El
Commissioner De Yurre: Checking with the legal department and checking with
the administration, that is not anticipated, so.
Vice Mayor Alonso: Is there a...?
A. Quinn Jones, Esq.: Pardon me, Commissioner, and Lucia, I couldn't hear you
over here, I'm sorry.
Mrs. Dougherty: In the event, for some reason your procurement statutes
prohibits you from moving into MCI from your current carrier, then we will pay
fifty thousand dollars cash and the rest in in -kind services, or donations to
the City over four years.
Commissioner De Yurre: Go ahead.
Mrs. Dougherty: Your City Attorney, I think, also wanted me to put on the
record the rest of the things that we agreed to.
Mr. Jones: Yes.
Commissioner Dawkins: Mr. Williams, Mr. Ron Williams. I mean, Mr. Manager,
through you to Mr. Williams. Mr. Williams, we just bought some telephone
equipment. From whom did we purchase it?
Mr. Ron Williams: AT&T.
Commissioner Dawkins: With whom do we have services now for long distance
phones?
Mr. Williams: We have Suncom Network and to a lesser extent, AT&T.
Commissioner Dawkins: So now, we have bought AT&T equipment, and now, what
would you say the long distance's annual bill is with AT&T?
Mr. Williams: AT&T portion is less than twenty-five thousand dollars
($25,000) a year. The major portion of our Suncom... our long distance calls
are carried over to Suncom Network.
Commissioner Dawkins: So therefore, for us to sit up here and accept
gratitude for money they owe me, and tell me they're going to give me services
that I am already getting for the same amount of money, I'm really not gaining
anything, am I?
Mr. Williams: It is my understanding that these services will offset that
cost.
Commissioner Dawkins: How?
Mr. Williams: I presume by...
Commissioner Dawkins: Twenty-five thousand dollars is twenty-five thousand
dollars.
282 January 9, 1992
Mr. Williams: I presume by providing us with the service at some amount less
than what we pay.
Commissioner Dawkins: They said they're going to give me twenty-five thousand
dollars worth of service. That's what they just said.
Commissioner De Yurre: Yes, but at their rate, which is twenty-four percent
less than what we are paying now. So, we get twenty-four percent more.
Commissioner Dawkins: Twenty-five... but I am not spending but twenty-five
thousand dollars.
Commissioner De Yurre: Yes, but it's only going to cost you twenty thousand.
Commissioner Dawkins: So they are getting more for nothing.
Commissioner De Yurre: No, no, we're going to get more for less.
Mr. Williams: Commissioner Dawkins, we have that other hundred thousand that
we use on the Suncom Network that's also City long distance.
Mayor Suarez: Can we switch to MCI to the extent of this deal?
Mr. Williams: We've discussed it, and believe that we can. Certainly, you
know, it has to be worked into the agreement. And of course, it would
reviewed and concurred upon by the Law Department.
Mayor Suarez: And if the matter becomes impossible, what is the provision
then, Commissioner?
Commissioner De Yurre: Fifty thousand cash up front and the other hundred and
sixty, forty thousand annually over a four year period in in -kind services -
that we may need, or contributions of cash.
Commissioner Dawkins: Well why can't we just get that money... as bad as we
i need money, why can't we just get that money and... nothing, hey, that's all
right.
Mayor Suarez: It's a disputed item, Commission.
Commissioner Dawkins: I said I wasn't going to say anything.
Mayor Suarez: All right. Commissioner... Vice Mayor Alonso wanted to ask
some questions.
Vice Mayor Alonso: Yes. I need some clarification in the first source of
hiring. I need clarification on that one.
Mrs. Dougherty: We intend to give preference and priority to qualified City
of Miami employees... Not only... City of Miami resident as employees for
MCI. We intend to work with your City administration job corps, your
displaced persons employment center, and others, CAMACOL, and others to
identify City of Miami residents first, for first source hiring. We have also
agreed to comply with your City ordinance with respect to that.
283 January 9, 1992
Mayor Suarez: But we've got typical agreements on first source hiring, we did
it for Z-Mart, I know, you're going to abide by the typical wording by that.
We are not going to reinvent the wheel here?
Mrs. Dougherty: We are abiding by and the contract says we abide by your City
ordinance on this matter.
Mr. Frank Castaneda: The first source agreement says that the City will
coordinate any of that action, that way we can know exactly how many jobs were
created for City of Miami residents.
Mayor Suarez: It works very well with other subsidized projects of the City,
I can't imagine it would be any... if they are agreeing to the same
terminology.
Mr. Castaneda: As long as it's the same terminology, I have no problem.
Vice Mayor Alonso: OK. Thank you.
Commissioner Plummer: I would like for her to read into the record, the other
items other than the contract we received, and they are agreed to.
Mayor Suarez:
Goenaga if by
just let you
must.
Yes, please, and then we will hear from you Mr. Gonzalez -
law we must and I am not sure that we must, but maybe, we would
speak for a minute rather than try to argue about whether we
Mrs. Dougherty: The five hundred thousand dollars in reimbursement for
infrastructure and other qualified and community development projects would be
paid to us over five years. If we have a renewal of a State contract past the
five years, we will agree to stay in the City of Miami in downtown.
Commissioner Plummer: Same terms and conditions without additional monies?
Mrs. Dougherty: Correct. There will only be one relay center in the State of
Florida. - And that's it.
Mr. Castaneda: Commissioners, on that particular issue of Community
Development Block Grant funds, I would like to have some flexibility to sit
down with them and discuss exactly how, what we will be paying, and what we
will be buying, and so forth to make sure that everything is legal. I am
concerned about the five year payment because with the Jackson Memorial
Hospital, it was stated that we could not pay for something once it was built,
and that was called the pre -agreement cost. So that's why we were only able
to pay for the first two years in the Jackson. I am concerned about getting
into the same situation here and if we are going to do it in five yearly
payments, we would have to go to HUD (Housing and Urban Development) and ask
for special permission in order to about the pre -agreement cost. I just want
flexibility to negotiate something on that issue.
Mrs. Dougherty: In other words, he needs the flexibility built into the
contract to allow him the flexibility doing... that's of course, acceptable to
us.
284
January 9, 1992
Mr. Jones: Mr. Mayor and Commissioners, I would only ask that Ms. Dougherty
state for the record that MCI agrees to the terms that you've discussed when
you were discussing, so that 1t will be crystal clear when we reduce this to
writing. And of course, as you know, we are at a disadvantage now because we
don't have a signed copy. But I would hate to see us get into a situation
after you have gone ahead and passed an emergency ordinance that there is some
disagreement as to what in fact the intent was, and what the terms actually
agreed upon were.
Mrs. Dougherty: I was talking to my client here because he wanted to make
sure that in that first condition that we said that we would stay in the
State... I mean, in the City of Miami after the five year renewal period, that
that would be qualified by the provisions that subject to any State
regulations or other contract requirements that we had discussed before.
Quinn, could you repeat what you said?
Mr. Jones: No. I was simply asking that you state for the record, or Mr.
Wilks state for the record that MCI agrees to the terms, of course, that
Commissioner De Yurre stated at the outset in terms of the agreement, so that
we can be crystal clear in terms of a record in reducing this to writing, that
we have a mutual understanding.
Mrs. Dougherty: Yes, we agree.
Mayor Suarez: Yes, sir, if there is no further questions from the
Commissioners.
Mr. Gonzalez-Goenaga:. Well, to the point again, we should apply here,
Commissioners, the cleaning hands doctrine. In other words...
Mayor Suarez: No, no, the doctrine is the clean hand doctrine.
Mr. Gonzalez-Goenaga: The clean hand doctrine. If they owe this City two
hundred and eighty thousand, and then they try to honor with soon a huge and
powerful company, they should send the City of Miami, who is in need of money,
two hundred and eighty thousand dollars, and then, we will consider giving
them, as a freebee, five hundred thousand dollars if they guarantee the amount
of employees that they are going to get out of the City. Otherwise, I do not
trust their eyes, they are Northerners. Thank you very much.
Commissioner De Yurre: Mr. Mayor.
Commissioner Plummer: I think we ought to have a clean eyes act.
Mayor Suarez: Northerners by definition cannot have clean hands. That's what
I conclude from all of that. Doesn't quite work. Yes, Commissioner.
Commissioner De Yurre: Yes, Mr. Mayor, I'd like to make a motion to move this
item based on what we have discussed here, you know, I am not going to start
getting point by point but I think whatever is on the record already, we can
put it down to writing and come to that agreement.
Mayor Suarez: So moved.
285 January 9, 1992
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any discussion from this Commission? If not, please
call the roll. It's not in the form of an ordinance at this point, is it?
Mr. Jones: No. This would be agreement itself.
Mayor Suarez: OK.
Mr. Jones: Before you take a vote, understand that also, there would be a
resolution which changes somewhat from what you have already, that would have
to also be changed. But the resolution will authorize the City Manager to
enter into this particular agreement the terms of which we have just concluded
discussions on.
Mayor Suarez: Call the roll, please.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-39
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREEMENTS, INCLUDING ONE IN
SUBSTANTIALLY THE FORM ATTACHED, BETWEEN THE CITY OF
MIAMI AND MCI TELECOMMUNICATIONS CORPORATION ("MCI"),
FOR AN ECONOMIC DEVELOPMENT INCENTIVES PROGRAM TO
ENCOURAGE AND FACILITATE ESTABLISHMENT OF A MCI RELAY
SERVICE CENTER IN DOWNTOWN MIAMI; PROVIDING FUNDING
FOR SAID PROGRAM IN AN AMOUNT NOT TO EXCEED $500,000,
TO BE PROVIDED FROM COMMUNITY DEVELOPMENT BLOCK
GRANTS, EXISTING TAX INCREMENT DISTRICTS, AND IN -KIND
CITY SERVICES; PROVIDING FOR EMPLOYMENT PREFERENCE FOR
QUALIFIED CITY RESIDENTS; FURTHER, PROVIDING AN
ADDITIONAL ECONOMIC INCENTIVE FOR MCI LOCATING SAID
REGIONAL OFFICE IN DOWNTOWN MIAMI BY AGREEING TO A
PAYMENT PLAN FOR RETIRING OUTSTANDING FEES OWED THE
CITY BY MCI; AND INCORPORATING ALL OTHER POINTS OF
AGREEMENT REACHED BY MCI AND THE CITY COMMISSION AT
THE CITY COMMISSION'S MEETING OF JANUARY 9, 1992;
PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
236 January 9, 1992
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Anything further on this item that we need to do?
Mr. Jones: Yes. Having agreed... should I say, having passed the agreement
and the accompanying resolution, part of that agreement of course, calls for
the ordinance change. So you would have to adopt this emergency ordinance
which would amend the existing ordinance to conform to the State Statute.
Commissioner De Yurre: So moved.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Up against the wall.
Commissioner Plummer: Why does that have to be an emergency ordinance?
Mayor Suarez: That's what the sign says. So moved and seconded.
Mr. Jones: Because of the time constraints and what you have been dealing
with here today. - And that's the reason why it was taken up as an emergency.
Otherwise I think that if you have two separate... you consider it as a
regular ordinance and you take it on two separate reasons...
Commissioner De Yurre: Well, this deal is contingent on it happening tonight,
so the whole thing has to happen tonight. Call the roll.
Mayor Suarez: Call the roll.
Mr. Jones: Hold it. I need to read the ordinance.
Mayor Suarez: Read the ordinance. Before you call the roll, procedural point
of order, can we vote on an emergency ordinance without having had an
advertised public hearing?
Mr. Jones: Yes, you can.
Mayor Suarez: All right, call the roll on that.
287
January 9, 1992
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ARTICLE VIII OF
CHAPTER 54 OF THE CODE OF THE CITY OF MIAMiI, FLORIDA,
AS AMENDED, ENTITLED "USE OF THE PUBLIC RIGHTS -OF -WAY
BY PRIVATE COMMUNICATIONS SYSTEMS"; ESTABLISHING A
NOTICE REQUIREMENT TO PERMITTEES; PROVIDING THAT
TELECOMMUNICATION PERMITS SHALL BE ISSUED FOR A PERIOD
OF ONE YEAR AND RENEWED ANNUALLY; PROVIDING THAT
COMPENSATION AND LICENSE FEES FOR SAID PERMITS (a)
SHALL BE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN
SECTION 334.401(4), FLORIDA STATUTES (1989), AND (b)
SHALL BE ESTABLISHED AFTER PUBLIC HEARING BEFORE THE
CITY COMMISSION AND AFTER PUBLIC NOTICE, BY THE
DIRECTOR OF PUBLIC WORKS; FURTHER, PROVIDING THAT THE
AMOUNT OF SAID COMPENSATION AND LICENSE FEES SHALL BE
PUBLISHED AS A FEE SCHEDULE AVAILABLE FOR INSPECTION
AT THE DEPARTMENT OF PUBLIC WORKS; PROVIDING FOR AN
EFFECTIVE DATE; AND CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner De Yurre and seconded by Vice Mayor
Alonso, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins.
ABSENT: None.
Whereupon the Commission on motion of Commissioner De Yurre and seconded
by Vice Mayor Alonso, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J.L. Plummer
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10943.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
288 January 9, 1992
r
Commissioner Plummer: I'm going to vote yes, but I've got to tell you, I'm
uncomfortable. I've got to tell you that. I'm going to vote yes.
Mayor Suarez: All right, anything further on that item? If not...
Commissioner Plummer: Wait a minute. Was that an emergency ordinance?
Mr. Jones: Yes.
Commissioner Plummer: Doesn't it take a second reading?
Mr. Jones: Two votes.
Commissioner Plummer: I'm more uncomfortable, but yes.
Vice Mayor Alonso: Just follow the system, yes.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: I think Dawkins is still uncomfortable. I vote yes.
51. DISCUSSION CONCERNING THE DISPARITY STUDY - INSTRUCT MANAGER TO FOLLOW
THROUGH WITH THIS PROJECT AND TO BRING BACK MORE PRECISE AND UPDATED
DATA ON SAID ISSUE.
Mayor Suarez: Item 32. Disparity Study.
Commissioner Plummer: Mr. Williams, how much did we pay for this study?
Mr. Ron Williams: I believe it's one hundred thousand dollars ($100,000),
Commissioner.
Commissioner Dawkins: That amount that you wanted, a hundred thousand
dollars.
Commissioner Plummer: A hundred thousand... and this is all you give me for a
hundred thousand dollars.
Vice Mayor Alonso: And a pain. It is really a serious problem if that is
what we got.
Mayor Suarez: And a pain. We should never have done it.
Commissioner Dawkins: Yeah, the other people wanted a hundred and a quarter
and they would have told us we had a disparity. He wanted to save us $25,000.
Mr. Williams: That's the summary. I know that the Commission likes things
brief, so the larger, more detailed document, I believe, was sent to your
office, Commissioner. Mr. Mayor, the administration is again bringing to you
289 January 9, 1992
the disparity study for your discussion and review. As you recall, at the
last meeting we were running a little bit short of time, and also, the
Commission had not had an opportunity to fully review the details of the
document. We are here again to bring that document before you. Certainly,
it's a major document and has a tremendous impact on our procurement program
and where we go with it. I have the recipients of the hundred thousand
dollars with me to respond to the methodology that went into the development
of study, to report to you the findings, and what we request from the
Commission is some direction as to where you would like us to go from here in
terms of our procurement program and how we give business, or solicit bids
from minority vendors. Mr. Aaron Estis - by the way, a Harvard graduate, so
be kind to him - is the project manager and I would ask Aaron to introduce the
rest of his team, and certainly, he and his team and the staff are available
to respond to any concerns you might have.
Commissioner Plummer: Can I ask this question? Was this a study done for the
City of Miami?
Mr. Williams: Yes.
Commissioner Plummer: About the City of Miami?
Mr. Williams: Yes.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Then, may I ask the question, on page 6 where it says a
hundred and seventy-six businesses in Metropolitan Dade County, how many of
those businesses surveyed actually were in the City? I'm looking at page 6 of
" the summary. It says, survey of a hundred and seventy-six businesses in
Metropolitan Dade County. How many of those businesses surveyed actually are
within the City of Miami?
Mr. Aaron Estis: The survey that we did, we sent out to several lists of
businesses in the area and we did not specify or keep track of the ones by
City of Miami versus not City of Miami.
Commissioner Plummer: If you were doing the study for the City of Miami, it
would seem plausible to me that you would have surveyed businesses in the City
of Miami. I'll ask again. Out of the hundred and seventy-six, how many are
City of Miami businesses?
Mr. Estis: I can't give you... I don't know that.
Commissioner Plummer: You don't know.
Mr. Williams: Commissioner Plummer, if I may, my response may have misled
you. When you said City of Miami, I was talking about City of Miami, the
government, as compared to City of Miami, geographically.
Commissioner Plummer: You're not listening to me, Ron. We paid for this
study. It is a study for the City of Miami. Why would you survey someone out
of the City of Miami?
290 January 9, 1992
11
Commissioner Dawkins: You want me to tell you why?
Commissioner Plummer: No, no, no. I want him to tell me how many businesses
in the City of Miami he surveyed. That should be an easy answer.
Mr. Sam Dubbin: Commissioner, if I might try to address that. I am Sam
Dubbin from the law firm of Steel, Hector and Davis, and we were the 1aw firm
involved as the legal consultants to the study. The whole purpose of the
study was to satisfy the constitutional requirements established by the United
States Supreme Court in a case called Croson versus City of Richmond. In that
case...
Commissioner Dawkins: I beg to differ. The whole purpose of this study was
for you to prove that there was a disparity in minority hiring. That's what
the charge we gave you.
Mr. Dubbin: Commissioner, let me... if I can respond to one question at a
time.
Commissioner Dawkins: Madam City Attorney, what was the charge given to this
group?
Ms. Linda Kierson: The consultant was responsible for determining if there
had been a disparity in our procurement process. They were not...
Commissioner Dawkins: In the City of Miami?
Ms. Kierson: In the City of Miami.
Commissioner Dawkins: That's all.
Ms. Kierson: Well, if I might add to, and try to explain why we surveyed Dade
County businesses...
Commissioner Dawkins: No, no, I don't want you... we aren't paying you to
explain nothing for them. We're paying you to listen to us. Let him explain
his problem, Madam City Attorney.
Ms. Kierson: OK.
Commissioner Dawkins: Thank you.
Mr. Dubbin: I think the relevant question was a disparity in procurement by
the City. And in evaluating whether procurement by the City was subject to a
disparity, the Supreme Court says you have to examine whether or not there is
a statical disparity in the utilization of minority businesses relative to
their availability within the relevant market area. And that's a statistical
question, not governed by geographical boundaries.
Commissioner Plummer: Are you aware that we have a bonus for people who do
business in the City of Miami?
Mr. Dubbin: Yes, sir, of course.
291 January 9, 1992
Commissioner Plummer: Why can't you tell me how many businesses in the City
of Miami were surveyed? It doesn't make sense to me.
Mr. Dubbin: There were many levels of the survey. The particular point
you've picked up on...
Commissioner Plummer: I'm going to assume, based on what I read here, that
there were none. That's what I am going to assume. Because you don't say,
Metro Dade County and the City of Miami. You say, Metro Dade County, which
tends to make me believe that there were no businesses in the City of Miami
surveyed.
Commissioner Dawkins: Commissioner Plummer.
Commissioner Plummer: And we are paying for the survey.
Mr. Estis: Well, can I point out...
Commissioner Dawkins: Commissioner Plummer, Dade County already had done a
survey. They went and picked up the material from Dade County and used that
as their survey, OK? That's what happened.
Mr. Estis: We... if I could try to respond to that.
Commissioner Plummer: I don't understand.
Mr. Estis: We sent out about two thousand, fifteen hundred, or fourteen
hundred surveys because we knew we wouldn't get back all of it.
Mayor Suarez: All within the relevant market as stated by counselor?
Mr. Estis: I'm sorry?
Mayor Suarez: All within the relevant market, meaning greater Miami, or Dade
County, as stated by...
Mr. Estis: Yes, to firms in the relevant market area because the City of
Miami does business with all of those firms. It also did include a list of
all the minority vendors that are on the City's list, so we sent it to all of
those people, for certain.
Mayor Suarez: We also have a five or a ten percent, rather preference to City
of Miami businesses. You would think that someone would have alerted you to
that so that you would survey those in a special way and maybe, show some
subcategories or subcorrelations, whatever the term is, between City of Miami
businesses and our efforts. Anyhow...
Mr. Estis: Well, I can tell you that when we looked at the utilization data,
at the actual expenditures by the City with firms, that I did do some analysis
on businesses that came just from the City of Miami.
�t
Mayor Suarez: From the City of Miami.
292 January 9, 1992
Mr. Estis: That is in expenditures, not the survey data which is much
sparser, but the expenditure data which included thousands of firms, and
thousands of contracts, and thousands of purchases. So, I did do that
analysis. It did not show a significant difference in utilization of minority
businesses inside of the City, just from Miami as compared to Metropolitan
Dade County. In other words, we did not find from those numbers, that the
preference program which I understand is a recent...
Mayor Suarez: Well, since we don't know how many were in the City of Miami,
it might not have been statistically significant either.
Mr. Estis: Well...
Mayor Suarez: It may have been a very small number that you got responses
from the City of Miami. We just don't know.
Mr. Estis: We know how many were in the City of Miami from the expenditure
data that we reviewed. That is different from the survey...
Mayor Suarez: All right.
Mr. Estis: ... which was a hundred and seventy-six. The expenditure data
included thousands of transactions, literally, and for those transactions we
do know whether the businesses were in the City of Miami, in Dade County,
Broward County, Florida, or the United States.
Mayor Suarez: All right.
Mr. Estis: In fact, we know what State everyone of them is in.
Mayor Suarez: OK. Vice Mayor Alonso was going to inquire.
Vice Mayor Alonso: Yes. I wanted to make some suggestions. First of all, I
don't think we should accept this study today. Second, I believe that we
should have public hearings on this matter. And it seems to me we need
additional information in order to be able to continue what we have in the
City of Miami, that it seems to me that it has worked. And in order to have
something to back this up, I think we will need supplemental information as
well as we will have to hold public hearings. And that will be my advice to
follow tonight. I don't think we should accept this study at all tonight, and
this is my suggestion in reference to this study as presented to us.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner De Yurre: I'd like to know, do we have from these - excuse me,
hello.
Mr. Estis: I'm sorry.
Commissioner De Yurre: Have you determined - I imagine you determined where
we're at right now, as far as a need for this type of program. Were you able
to determine where we were at the time that this program was implemented by
the City of Miami? Was there a need at that time for this program?
293 January 9, 1992
Mr. Estis: The study period included 1983, 184, up to 1990. And during that
entire period, there was some type of minority business program. So the data
that we gathered on utilization or that the City had available on computer
tapes, on backup tapes that we could get access to, did not go before 1982 or
'81, where it would have to go in order to make a comparison before the
program and after the program. So the short answer to your question is that
the data are not available to make that comparison.
Commissioner De Yurre: OK, because my contention would be that the reason why
we may not need this now, as it is proposed, is because we have this program.
Because prior to this program being implemented, we did need it. Because of
this program and our affirmative position, we've gotten to the point that we
don't need it as much, based on what you're saying, but that we have to
continue it...
Mayor Suarez: Or that we can't prove that we need it...
Vice Mayor Alonso: What would happen?
Mayor Suarez: ... but that if we didn't have it, then it would be evident
that we needed it.
Vice Mayor Alonso: Right.
Mayor Suarez: Because there is no way of isolating that variable.
Vice Mayor Alonso: Of proving it.
Mayor Suarez: No?
Mr. Estis: We do point out...
Mayor Suarez: I'm making myself perfectly confusing?
Mr. Estis: Well, we do raise that point in the executive summary, that this
is the situation in which we looked at the City's data during a period when
there was a program. The program could, in fact, be responsible for the lack
of the disparity. I think, the work on the part of the procurement department
and people who worked in the minority business area has been very excellent,
and I think it shows in these numbers.
Vice Mayor Alonso: Yeah, but we don't have anyway to prove what would have
happened if we didn't have the program in effect. We don't have to show to
us, so we are lacking that information, and that's the problem that we are
facing today. We have partial information, we don't have... the study
actually, is telling us a portion of the situation, we need much more.
Commissioner De Yurre: Well, it's telling us where we're at now, it doesn't
tell us where we would be if we didn't have the program, and I think we'd
be...
Mr. Estis: Yeah, which would be...
294 January 9, 1992
Mayor Suarez! That's the missing correlation.
Vice Mayor Alonso: So, in fact, we don't have anything to defend.
Mr. Estis: ... difficult to do, to say the least.
Commissioner De Yurre: The bottom line is, theoretically, and logically,
would be that this program is needed to maintain, and to continue to
enhance...
Vice Mayor Alonso: Well the bottom line, according to the study, we have to
say we don't need the program.
Commissioner De Yurre: ... this affirmative type of activity so that there is
equality throughout.
Commissioner Plummer: Is there a reason you did not include 185, 187, 188,
and '91?
Commissioner De Yurre: Election years.
Mr. Dubbin: Well, we didn't include 191 because those data were not available
when we did... most of the study was completed about a year ago, most of
the... a good portion of the utilization numbers.
Commissioner Plummer: Is there a reason why you did not include 185, 187 and
'88?
Mr. Dubbin: Yeah. The reason we didn't include those years is because they
were representative of the other years that we did. They weren't particularly
different. We discussed the years we should use with the City staff and we
wanted to make sure we included years from the early portion of the period, a
year from the middle portion of the study, and years from the later portion of
the study. And that's what we thought would be enough to make the comparison.
Adding the years in between we didn't think would add very much, if anything,
to the significance of our results.
Commissioner Plummer: So it's your indication, for the record, that those
years not included, you found to be similar to the years that were included?
Mr. Dubbin: We discussed whether or not we would need to include those years
with the City staff and the decision we made together was that we didn't need
to include those years to do the study and to make the analysis that we needed
to make.
Commissioner Plummer: All right. You know, a three year gap doesn't make any
difference. - From 186 to 189. It would seem like to me they would be very
crucial.years to this study.
Mr. Estis: Well, I... my...
Mayor Suarez: You've answered it, and we've got to try to get a couple of
other things here on the record. Now, a very specific question. Public Works
contracts to black contractors, 1983, if I remember correctly, zero percent;
295 January 9, 1992
1984, if I remember correctly, zero percent. Something was wrong in 1983 and
1984 because you know the number of black contractors was infinitely,
mathematically, infinitely higher than zero. And even if there was just one,
that's still infinitely higher in the City of Miami. From that particular
fact to what is now, which is still I think only five or six or seven percent
or some fairly small figure, wouldn't you conclude as to public works
contracts, to that particular minority group, that there's been incredible
disparity and only by having this kind of program can you equalize or
compensate for that disparity?
Mr. Estis: Well, let me qualify what we mean when we say disparity.
Mayor Suarez: Well I was going to get to that in a second. But, I mean,
assuming those facts as I just stated, wouldn't that lead you to conclude that
in that area we need to have this ordinance in place so that we can do
precisely what we've been doing?
Mr. Estis: Well, not necessarily because you don't know in any given year how
many contracts were let and you don't know how big those contracts were. For
instance...
Mayor Suarez: Well, we know there were quite a few contracts in 183 and 184
and we know they got none. All right. Here's another question.
Vice Mayor Alonso: And if we didn't have the system, it would go back exactly
to the same thing.
Mayor Suarez: Right. Now, the disparity that you are going to try to show is
between, if I remember correctly from reading the report, between the
contracts awarded and the contractors available in the relevant market.
Mr. Estis: Right.
Mayor Suarez: Not the percentage of the people of a particular ethnic group
in the work force and, even less, the percentage who are registered voters or
who, even less, the percentage are residents. Each of those percentages is
much higher.
Mr. Estis: Right. Right.
Mayor Suarez: Is that because some cockamamie constitutional norm compels you
to do that?
Mr. Estis: I suppose you could say that. In fact, those were the...
Mayor Suarez: That's my term, obviously, not yours. And particularly not the
lawyer types over here.
Mr. Estis: Maybe Sam could speak to that because the original court case did
use some of those kinds of statistics.
_ Mayor Suarez: We can't compare to the number of people who are out there
hungry for work and hungry to do business? We have to compare to the ones
that are already established in a business where they had no opportunity
before?
296 January 9, 1992
Mr. Dubbin: The decision of the Supreme Court in the Croson case, which is
what we have to go by, says that "the relevant statistical pool for purposes
of demonstrating a discriminatory exclusion must be the number of minorities
qualified to undertake the task."
Mayor Suarez: All right. So if you don't qualify and if you don't give them
some jobs, if you don't get them some opportunities, you're never going to
have them qualified and they're never going to be able to come into the
formula.
Mr. Dubbin: Mr. Mayor, I can only tell you that I think what...
Mayor Suarez: I'm sorry. Is that all the constitutional norm says? The ones
who are qualified?
Mr. Dubbin: To undertake the task.
Mayor Suarez: To undertake a task. That is the constitutional...
Mr. Dubbin: The task.
Mayor Suarez: ... norm? So everything we hear about how they have to be
already in the industry, that's all what you conclude that the Supreme Court
means by that? Because I don't understand that to mean that at all.
Qualified to perform the task of subcontracting in most fields, that I'm aware
of, means nothing except knowing where to go get your license. Because then
-� you subcontract out to somebody else and you get to keep ten or twenty
percent.
Mr. Dubbin: Well in support of that proposition, the Supreme Court then cited
the following case. Ohio Contractors' Association versus Kipe and, according
to the Supreme Court, and according to that case, they analyze it as follows.
"... in which a set -aside program had been upheld based upon a showing that
minority businesses made up seven percent of the business in the state, but
received only five percent of state purchase contracts" - I'm sorry, 11.5
percent of state purchase contracts - and .24 percent of the dollar amounts
for construction contracts." So again the authority that they rely upon,
which is what we have to go on,...
Mayor Suarez: Had a factual comparison which involved people already in the
industry to those obtaining contracts.
Mr. Dubbin: Yes, and subsequent court cases suggest that the test, obviously
it's the test we followed in doing this study, that it's the number who are in
the industry. And it's not...
Mayor Suarez: Well, I'd like to be able to argue that before the Supreme
Court of the United States because I think you could make the very compelling
argument that what counts is the people who are out there willing to work and
willing to get into the field, not the ones who already in it. Because many
of them depend totally on government contracts, for example. And if you never
give them one, they're never going to be able to be in the business. I mean,
not too many of them can wait fifty years to learn the business or to somehow
297 January 9, 1992
get licensed through someone else. In many places, they couldn't even get
their license for many, many years because it wouldn't be offered to them. Or
they couldn't be an apprentice or they couldn't be a master or they couldn't
be whatever the next category is. So that... I'm not uncomfortable at all
that your figures don't show what we were hoping they would show. I think
that we've got enough in our record and from what I've seen to justify our
ordinance. And I'll be happy to argue it to the Supreme Court of the United
States or anybody else.
Commissioner Plummer: Let me ask you.
Mr. Dubbin: Well what we do say in the...
Commissioner Plummer: May I ask the question, why...
Mayor Suarez: But I agree with you that we don't accept the findings of the
study because I don't like the... - no derogation on you - I just don't like
the way you focused in on it. I think you were trying to do your best to
apply Supreme Court standards. I just don't think you applied the standards
we would have applied and, of course the crucial test as enunciated here by
the Commissioners, is what would have happened if we hadn't had the ordinance?
And you're not able to give us facts on that.
Mr. Dubbin: Again, Mr. Mayor and everyone else. I want to make it clear.
The point that all of you have raised on that score is something we addressed
directly, it's clear that many of the actions undertaken by the City, whether
it's the ordinance per se or the efforts of staff, you know, very likely
contributed to the fact that as of today, the business done with blacks and
Hispanics in most areas is commensurate with their availability in the pool.
Now, we also state very clearly that whether or not...
Mayor Suarez: Does that apply to professionals, by the way? Did you do
professional contracts at all? Would a black or Hispanic member of a firm
that did not own his own business, would he be considered to be a statistic...
would he add to the statistics of those that are available in the industry?
Mr. Estis: No, the availability is taken from income tax returns that people
supply and on those... businesses supply and on those they can indicate...
Mayor Suarez: So if you're an associate in one of those firms, you're not
counted...
Mr. Estis: Right.
Mayor Suarez: ... as being available?
Mr. Estis: No, you'd have... at the same time... if you did that, you can't
just count the Hispanic ones, you have to count whites, you have to count
everyone so it would end up being a much bigger number all around.
Mayor Suarez: Let me, let me, yeah, just... let me just sort of take...
Mr. Estis: It wouldn't necessarily help the number.
298 January 9, 1992
Mayor Suarez: ... sort of take judicial notice, as we say, of the fact that
in many firms,' the associates know a heck of a lot more than the partners and
the owners of the business, particularly in our profession, Sam, as we know.
So, if they were counted, you would have a great disparity because very few of
them... in fact in the accounting field, we've only found like two or three
black -owned accounting firms in Miami to deal with and... you know, that have
their own practice. I mean, that doesn't mean there's not a bunch of black
accountants in other firms that are available and if you don't count them, how
_ are you going to be able to show disparity?
Mr. Estis: But, would you not also count the white associates in those firms?
You can't just count the black and Hispanic associates.
Mayor Suarez: Yes, but as a percentage of the total, they're minimal in the
industry, with their own businesses even if... Of course, yes you would count
the white associates or the U.S. born white, whatever the terminology is.
But, as a percentage of the total, there's almost no black -owned accounting
firms, but they're a much higher percentage as the percentage of the work
force in licensed CPA(certified public accountants) and licensed
professionals, for example.
Commissioner Plummer: What is the definition of a non -minority?
Mr. Dubbin: For the purposes of this study, the definition of a non -minority
is someone other than black, Hispanic women or Asian, Aleut or anyone else who
identifies themselves as a minority - in a minority group
Commissioner Plummer: Such as?
Mr. Dubbin: Asian Indian...
Commissioner Plummer: Would they be considered other or not a minority?
Mr. Dubbin: It would be considered other... if they identified themselves as
other minorities, then they would be considered that.
Commissioner Plummer: Other.
Mr. Dubbin: Yes.
Commissioner Plummer: Again. What is the definition of non -minority? You
have the category here "other" and the category "non -minority."
Mr. Dubbin: In this case, it applies to generically to white males.
Commissioner Plummer: That's basically what your understanding is?
Mr. Dubbin: Yes.
Commissioner Plummer: OK. Why, in your book that you gave us, did you take
the availability of the market in 187 and the utilization from 190? It would
seem like, to me, three years' difference could be a big, significant
difference. It would like that you would compare year for year the
availability in 1990 and the utilization in 1990.
299 January 9, 1992
Mr. Dubbin: The Census Bureau which publishes the availability numbers that
we use and that most everyone uses in doing these types of studies come out
every five years, 1982, 1987 and the next ones will not be... well, they
won't... they actually don't come out that year, they are taken in 182 and
187. They don't...
Commissioner Plummer: Does the Census...
Mr. Dubbin: ... they're not available, in fact, till three years later. So
these numbers were available... we got them in 1990 and 1991 and were, in
fact, the most recent availability numbers.
Commissioner Plummer: When you say "census" does that mean census of
businesses or people?
Mr. Dubbin: Census of businesses. It's the U.S.... part of the U.S. Census'
annual or periodic regular work.
Commissioner Plummer: Do we have any way of knowing the availability in 1990?
Was it increased? Did it decrease? How do we know?
Mr. Dubbin: We have no... there is... I don't want to say it's impossible.
There is certainly no easy way to get the availability short of doing a very
massive survey of businesses in the relevant market area and making sure you
sampled correctly and did all the statistical tests. I would be a pretty
enormous undertaking, but no. Other than that, we can't go get the
information.
Commissioner Plummer: My final question. On page 8, is the percentages shown
for the different categories the number of contracts or is it dollars?
Mr. Dubbin: It's dollars.
Commissioner Plummer: Dollars. I'm sorry, in the comparison of '87, the
numbers that you show, was that dollars or businesses?
Mr. Dubbin: What page are you referring to?
Commissioner Plummer: Page 7. The availability in 187.
Mr. Dubbin: OK. The availability...
Commissioner Plummer: Was that in numbers of businesses or in total dollars?
Mr. Dubbin: Numbers of businesses.
Vice Mayor Alonso: Could it be that some of the discrepancies you have it's
because you hold hearings and no one responded? Could it affect some of the
Information that you have in the final report?
Mr. Dubbin: If more people had come, responded, if we had gotten more survey
responses and if more people had come to the Focus Group interview sessions
that we conducted, which were advertised in the paper and we did follow-up
300 January 9, 1992
calls, then, yes we would have had more input and we can only speculate what
those people would come forward and say.
Vice Mayor Alonso: In some of the sections, no one came forward?
Mr. Dubbin: No, people came... in both cases, people came to our Focus Group
interviews.
Ms. Anne Whittaker: Right, but the first public hearing that we tried to
hold, zero people showed up.
Vice Mayor Alonso: Zero. Now you've got the answers right there.
Mr. Dubbin: So we did it again. Right. OK.
Commissioner Plummer: Would you give me one other answer.
Mr. Dubbin: But, it...
Mayor Suarez: Well, J. L., may I suggest that we try to figure out a way to
legally modify as we accept it or reject it or whatever it is that we... that
you want to do.
Vice Mayor Alonso: Don't accept this...
Mayor Suarez: But, but, but... or, just postpone the decision or do something
so that we can get on to at least another wandering item.
Commissioner Dawkins: I move to reject the report.
Mayor Suarez: So moved. For the reasons stated, motion to reject the report.
Vice Mayor Alonso: Well, is it wise to reject or is it better not to accept?
Commissioner De Yurre: Not to do anything. Why don't we just not do
anything?
Mayor Suarez: Like the courts do, we take it under advisement.
Vice Mayor Alonso: I feel better if we don't accept. Like it does not exist.
Mr. Dubbin: I just... can I just...
Commissioner Dawkins: Make your motion, Madam.
Vice Mayor Alonso: OK.
Commissioner Dawkins: Make your motion. I'll second it.
Vice Mayor Alonso: Mine is... I believe, I strongly believe that if we hold
public hearings within the City of Miami, we are going to get some responses.
And it will help us. Second, I strongly believe also that we need additional
information and I feel very strongly that we have to continue the current
program. And, for my vote, I will always go for it, regardless of the
consequences. I don't know the rest of my fellow Commissioners...
301 January 9, 1992
Commissioner Dawkins: OK. I'll try my...
Vice Mayor Alonso: But, I believe that the best thing is to continue to...
Mayor Suarez: Take input.
Vice Mayor Alonso: ... take input and, in the meantime, this is not here,...
Mayor Suarez: We take it under advisement.
Vice Mayor Alonso: ... we don't accept it, because if we do take action one
way or another, the fact of the matter is this. This is here and I don't
think that will be a very wise move.
Mayor Suarez: I would like to at least also add the caveats that all of us
have put on the record, such as your view that availability in the industry
means actually being licensed out there, your efforts to seek... to
statistically determine who is available by mailing, as opposed to something a
little bit more rigorous, the fact as the Commissioner pointed out, that not a
lot of people showed up at the hearings, the fact that the Supreme Court norm
that you used, you assumed that that means people in entities actually in the
industry as opposed to those that might be but for simple licensing procedure,
or going from associates to partners, owners, etcetera, Commissioner Dawkins,
all the things that we've been saying.
Commissioner Dawkins: I'd like to say whatever motion is made, I'll go with
it. But I tried the motion to reject the report because we paid a hundred
thousand dollars for it, we don't owe them nothing, this is what they turned
in, I don't think it's acceptable, so I don't have any problem with rejecting
a report that I paid them a hundred thousand dollars to do.
Mr. Estis: If I may, I just want to emphasize from our perspective, as you
might expect, we believe this is an objective and a well-done study. We
believe that we followed the...
Mayor Suarez: I certainly hope you believe that. Now, what else do you have
to tell us?
Mr. Estis: Well, I just want... because you indicated in some cases that we
didn't use...
Commissioner Dawkins: What's your motion, madam?
Mr. Estis: ... the right data or we used bad data...
Vice Mayor Alonso: Well, I...
Mayor Suarez: As we deem to be the proper way to do it. That doesn't mean
that you don't believe that you did the objective and proper way, Aaron. You
know, and I just, you know...
Commissioner Plummer: It means you wasted our money.
302 January 9, 1992
0
Mr. Estis: I think that we've put forward some very important information.
You should know how well your City is doing and encouraging businesses to come
forward. Before this, you didn't know.
Commissioner Plummer: For the record, would you define what was considered to
be that you called the market area?
Mr. Estis: Yes. One of the legal criteria that are part of these studies is
determined...
Mayor Suarez: The relevant market was Dade County, I believe. Was it not?
Mr. Estis: For professional...
Commissioner Dawkins: And non -minorities is anything that is not a minority,
J.L.. so let's go to the next item.
Commissioner Plummer: No, I'm asking...
Vice Mayor Alonso: OK, yes.
Commissioner Plummer: I'm asking what was the market area?
Mr. Estis: For professional services, it was Dade County and for construction
it was Dade and Broward and for goods and services, it's Dade and Broward.
Commissioner Dawkins: Liberty City, Overtown, Coconut Grove.
Mr. Estis: This refers to where the City tends to purchase - or where the
vendors are located from which the City tends to purchase its goods and
services.
Mayor Suarez: Well, we're going to be narrowing that in the future, we hope.
Yes, Commissioner.
Vice Mayor Alonso: I'd like to move that we instruct the Administration to
come back to us with suggestions and obtain additional information and to come
back to us in a specific...
Mayor Suarez: In 1993?
Vice Mayor Alonso: Or after.
Mayor Suarez: Or thereafter.
Vice Mayor Alonso: Ten years later.
Commissioner De Yurre:
October 15th, 193.
Vice Mayor Alonso: Fine with me. Maybe four years later is fine with me.
Mayor Suarez: Some time around the turn of the century, we would like a
revised report.
303
January 9, 1992
i
s
Commissioner Dawkins: I second the motion.
Mayor Suarez: Really, we take all of your comments. We don't accept or
reject. We put all the...
Vice Mayor Alonso: In a reasonable time...
Mayor Suarez: Right.
Vice Mayor Alonso: ... come back to us with a specific suggestion.
Mayor Suarez: We take under advisement, we take pride of the fact that you
have put in the record that because of our affirmative action ordinance,
procurement ordinance, we are in fact doing better than we might otherwise be
doing. We don't think we're doing as well as we should.
Vice Mayor Alonso: Well, the problem is we don't have basis to compare what
would have happened...
Mayor Suarez: And of course, we've put that into the record.
Vice Mayor Alonso: ... so they are assuming...
Mayor Suarez: Anything further?
Vice Mayor Alonso: ... but we don't have anything to prove that.
Mayor Suarez: Commissioner. Any caveats,...
Commissioner Dawkins: What you're saying is...
Mayor Suarez: ... any legal mumbo jumbo?
Commissioner Dawkins: As soon as J. L. Plummer finds another hundred thousand
dollars, we'll invite them back.
Mr. Williams: Mr. Mayor.
Mayor Suarez: All right. All of that is built into a motion to take all of
this under advisement, I think is the best way to phrase it, made by
Commissioner De Yurre. Or no action, if you want. We don't have to make any
motion at all. Thank you. Just thank you. You'll hopefully get paid. Yes,
sir.
Mr. Williams: Mr. Mayor, may I suggest as a follow up to the Vice Mayor's
comments, that we bring you back a program whereby we will propose additional
information that we think needs to be gathered.
Mayor Suarez: Yes, a lot of additional information.
Mr. Williams: And we will bring that back to you within a reasonable period
of time.
Mayor Suarez: Yes. Yes. Preferably before the end of the century.
304 January 9, 1992
Mr. Williams: We will bring that package back including associated costs with
the data gathering...
Mayor Suarez: No costs. We want zero costs.
Commissioner Dawkins: Say that again, Mr. Mayor.
Mayor Suarez: Zero.
Commissioner Dawkins: Say that again.
Mayor Suarez: Zero.
Mr. Williams: ... we will ask that the Commission get involved by possibly
holding hearings here in the Chambers...
Mayor Suarez: And do it in house. Thank you. Thank you.
Mr. Williams: ... and ask you to finally accept a program and put in place a
program that we can proceed with.
Mayor Suarez: Right. Let's leave that for the appropriate moment. In the
meantime, no action, I think, is the latest suggestion, with all the comments
that are in the record. Thank you very much everybody. We know you worked
hard and you know we know you're hard working and decent people. All right.
52. GRANT REQUEST BY BIPRISA FOR USE OF DESIGNATED STREETS DURING THE JOSE
MARTI PARADE.
Vice Mayor Alonso: Quickly, may I take one item while they organize?
Mayor Suarez: Yes, Commissioner.
Vice Mayor Alonso: This is a quickie.
Mayor Suarez: Vice Mayor Alonso.
Vice Mayor Alonso: Yes, it's a street closure for the Jose Marti Parade
conducted by BIPRISA and it's a resolution approving the the use of the
streets and thoroughfares during Jose Marti Parade.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded.
Vice Mayor Alonso: Do I have to read it all?
305 January 9, 1992
3 ;
Mayor Suarez: Is it... is a rep... Is it recommended?
Vice Mayor Alonso: Yeah, from 8:00 AM to 1:00 PM.
Commissioner Plummer: What?
Vice Mayor Alonso: The street closures for the Jose Marti Parade.
Mayor Suarez: The same parade as every other year?
Commissioner De Yurre: Street closure of I-95 between 7 and 9 in the morning
on Friday.
Commissioner Dawkins: From 79th Street to Hollywood.
Commissioner De Yurre: Thought we had a motion. Second.
Vice Mayor Alonso: Yes, I did. Yeah.
Commissioner Dawkins: Was it seconded?
Vice Mayor Alonso: Call the roll.
Mayor Suarez: Any discussion? It was moved by the Vice Mayor and seconded by
Commissioner De Yurre. Call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 92-40
A RESOLUTION APPROVING THE USE OF STREETS AND
THOROUGHFARES DURING THE JOSE MARTI PARADE TO BE
CONDUCTED BY BIPRISA ON JANUARY 28, 1992, BETWEEN THE
HOURS OF 8:00 A.M. AND 1:00 P.M., SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING THE
POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON THE
STREETS TO BE UTILIZED AS PART OF THE PARADE ROUTE;
FURTHER CONDITIONED UPON ORGANIZERS PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES AND SUBJECT TO THE
ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
306 January 9, 1992
r
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
53. GRANT REQUEST TO AMEND RESOLUTION 91-854 TO ALLOW CHANGE IN DATE OF THE
MARTIN LUTHER KING PARADE - APPROVE GRANTING IN -KIND SERVICES ($10,000).
Commissioner De Yurre: Also, in that vein, Mr. Mayor, we have to change
Resolution 91-854 related to the Martin Luther King Day Parade was originally
in that resolution slated for January 15th, but it's been changed to January
2Oth. I wanted to make a motion reflecting that change. Also providing in -
kind services not to exceed the amount of $10,000 for the parade. I so move.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-41
- A RESOLUTION RELATED TO THE MARTIN LUTHER KING DAY
PARADE AUTHORIZING THE PROVISION OF IN -KIND SERVICES
IN AN AMOUNT NOT TO EXCEED $10,000 FROM THE
DEPARTMENTS OF POLICE, FIRE, RESCUE AND INSPECTION
SERVICES, GENERAL SERVICES ADMINISTRATION/SOLID WASTE,
PARKS AND RECREATION AND PUBLIC WORKS; AMENDING
RESOLUTION NO. 91-854 ADOPTED NOVEMBER 14,1991,
THEREBY CHANGING THE DATE OF THE PARADE FROM JANUARY
15, 1992 TO JANUARY 20, 1992.
(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:
307 January 9, 1992
i
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
-------------------------------------------------------------------------
54. GRANT REQUEST BY REPRESENTATIVES OF THE DISCOVERY SHIPS TO MIAMI EVENT
FOR IN -KIND SERVICES NOT TO EXCEED $50,000.
Commissioner Plummer: Are we going to be able to take up the Christopher
Colombus thing?
Commissioner Dawkins: No.
Mayor Suarez: We never got to hear from you...
Commissioner Plummer: It's on the agenda, sir, prior to this item.
Mayor Suarez: Well, but we've got tons of people on item 42 and I think it's
fair to try to hear them. The other item is not controversial is it, E1oy?
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: I mean we know of certain behind the scene controversies but
we're tyring to avoid getting into those...
Commissioner Plumper: But I mean, whoa, whoa. Normally at 9:00, we adjourn.
Mayor Suarez: ... and this is the last item.
Commissioner Plummer: That's the problem.
Mayor Suarez: OK. Is there anything that we need to do on that. Do you want
to come up to the mike and tell us? I mean we got the original Christopher
Columbus right here. From Genoa.
Mr. Eloy Vasquez: Well, basically it's just to... that this is a City event
and in addition, you know, we ask is to provide all the required in -kind
services including the police service for the security of the ships. That's
all it is.
Mayor Suarez: I think we were going to try to do this with on -duty. We were
going to try to do this as an official City function. Right?
Commissioner Plummer: Well, let's ask the Manager what he's going to do. I
don't think we want to be embarrassed.
308 January 9, 1992
Mayor Suarez: I don't see why we would want to do this as anything other than
a normal... than a standard City...
Vice Mayor Alonso: Where's the Manager?
Mayor Suarez: ... function with all the...
Commissioner Plummer: Well, Mr. ...
Mayor Suarez: ... accouterments of that.
Commissioner Plummer: Are we...
Mayor Suarez: That's the way I think this Commission was leaning, Lieutenant,
is to do this as an official City function with all of our on -duty police and
services and everything. This is something we want to particpate in.
Commissioner Plummer: Well, if you want to simplify it, the total in -kind
request is $46,000.
Mayor Suarez: I don't understand how that applies to something that we want
to do. We want to assign police to that - on -duty police - we want to assign
on -duty firefighters,...
Mr. Eloy Vasquez: It's basically...
Mayor Suarez: ... we want to assign on -duty solid waste, we want to assign
all the people that work for us to this event.
Mr. Eloy Vasquez: No, this is just fire and rescue and it's the police
service and...
Mayor Suarez: Right. I don't see why that... we even have to come up with an
amount. We don't have to allocate...
Commissioner Plummer: No. I said in -kind.
Mayor Suarez: Right. I wouldn't even calculate...
Commissioner Plummer: What they're asking for, Mr. Mayor, in the resolution,
a resolution authorizing...
Mayor Suarez: Allocation of personnel is the way I would look at it. I
wouldn't look at it as costing anything.
Vice Mayor Alonso: We don't have to divide.
Mayor Suarez: We're not hiring anybody special for it. We're not asking
anybody that would otherwise be off duty.
Commissioner Plummer: No, this is not. That's my other resolution.
Mayor Suarez: You want to move it, Commissioner?
309 January 9, 1992
Commissioner Plummer:
thousand?
Based on the fifty thou... not to exceed the fifty
Mayor Suarez: I think it's going to cost us zero, myself.
Commissioner Plummer: In -kind, sir. I think it's only for... I'll make a
motion.
Mayor Suarez: The allocation of the necessary on -duty personnel from the
police and fire departments to make this happen.
Vice Mayor Alonso: We want to label that.
Commissioner Plummer: I will make a motion that says, and I think it is what
we're looking for, is that there to be a donation of in -kind services not to
exceed fifty thousand dollars.
Mayor Suarez: You want to phrase it that way, that's not the way I like to
look at it.
Commissioner Plummer: Well, how do you want it?
Mayor Suarez: That the City of Miami provide the services for this... police
and fire...
Commissioner Plummer: But you could run up to eighty, ninety thousand dollars
and this way we're putting a cap on it.
Mayor Suarez: I don't think we're running up anything. I think we're just
making sure that we assign enough police and enough firefighters that are on
duty that day to cover this event.
Commissioner Plummer: You want a motion that says that the City will provide
what is ever necessary?
Mayor Suarez: Yeah.
Commissioner Plummer: As in -kind?
Mayor Suarez: On duty.
Vice Mayor Alonso: Without any amount.
Mayor Suarez: Right.
Commissioner Plummer: The other way is better, but if that's the way you want
it, I'm sure they'll be glad to have that.
Lt. Longueira: We're going to take on -duty people to do this. That's what
he's saying.
Mayor Suarez: Right.
310 January 9, 1992
Vice Mayor Alonso: Well, if you want to say not to exceed...
Mayor Suarez: Are you telling me that we would have to change the deployment
we heard about a couple hours ago to accommodate this event?
Lt. Longueira: If you're saying taking on -duty people... I don't, I don't...
he doesn't have a set schedule yet on events.
Mayor Suarez: Well you have an idea that three ships are going to arrive and
a certain number of dignitaries will be there to receive them and general
public, I don't think there'll be fifty -thousand people or anything like that.
I think there'll be, you know, few hundred, maybe a thousand, but...
Commissioner Plummer: Seventeen days.
Mayor Suarez: Right.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: And we assign whatever police officers need to be there for
that kind of crowd and firefighters and fire rescue.
Commissioner Plummer: As your suggestion, I will make a motion.
Mayor Suarez: If we don't have enough flexibility to do that, we're really in
trouble, folks.
Vice Mayor Alonso: What is the wording he wanted?
Mayor Suarez: If we have to estimate costs of that and bring off -duty people
or ask...
Vice Mayor Alonso: Well whwt he doesn't feel comfortable is putting an
amount.
Lt. Longueira: They're talking about twelve hundred hours, of police man
hours.
Mayor Suarez: And I don't want to give them the idea that that means that
they can hire... I mean that they can bring in all kinds of extra personnel
that day somehow and add to their budgets. They've got police to do that. I
mean that's what they're there for.
Lt. Longueira: No.
Mayor Suarez: These same people that Commissioner Dawkins showed you vary
from one day to the next, from nine to nineteen in one shift, you can have ten
people there available from throughout the City.
Commissioner Plummer: You want a motion that says that the City will
provide...
Mayor Suarez: However you want to do it.
311 January 9, 1992
Commissioner Plummer: ... the necessary in -kind ...
Mayor Suarez: All right. So moved.
Commissioner Plummer: ... services to accommodate, I so move.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Plummer: They can argue about the rest of it later.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-42
A RESOLUTION RELATED TO THE 1992 AMERICAN TOUR OF THE
DISCOVERY SHIPS, LA NINA, LA PINTA AND LA SANTA MARIA,
SCHEDULED TO DOCK IN MIAMI FEBRUARY 14 THROUGH MARCH
19 19929 AS PART OF THE DISCOVERY OF AMERICA
CELEBRATION; DECLARING SAID EVENT A CITY OF MIAMI
_ SPONSORED EVENT; AUTHORIZING THE PROVISION OF IN -KIND
SERVICES IN AN AMOUNT NOT TO EXCEED $50,000 FROM THE
DEPARTMENTS OF POLICE, FIRE, RESCUE AND INSPECTION
SERVICES, GENERAL SERVICES ADMINISTRATION/SOLID WASTE,
PARKS AND RECREATION AND CONFERENCES, CONVENTIONS AND
PUBLIC FACILITIES.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
312 January 9, 1992
------------------------------------- -----------------------------------------
55. REVERSE ZONING BOARD'S DENIAL OF SPECIAL EXCEPTION TO ALLOW CONSTRUCTION
AND OPERATION OF A PACKAGE LIQUOR STORE AT 3101 BISCAYNE BOULEVARD (FOR
CONSUMPTION OFF PREMISES ONLY) GRANT SPECIAL EXCEPTION ON REDUCTION IN
DISTANCE SEPARATION REQUIREMENT FROM EXISTING BOULEVARD PACKAGE LIQUOR
STORE, WITH PROVISOS (Owner / Applicant: 3101 Associates Ltd.)
------------------------------------------------------------------------------
Mayor Suarez: Item 42.
Vice Mayor Alonso: Finally.
Mayor Suarez: Who do we hear from first?
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner De Yurre: We've heard this before already, so let's just get
down to the issue.
Mayor Suarez: Absolutely. We know what the issue is and we are down to the
wire here. We wanted to know if there was 'anyway to ascertain whether
Wallgreen would in fact locate here if, liquor store was not also included -
or liquor license.
Mrs. Lucia Dougherty: Well, specifically, the question was raised...
Mayor Suarez: That was one question that was raised.
Mrs. Dougherty: It was raised as to whether or not this was really
speculation and whether or not Wallgreen is going to come, and so we did ask
for a letter from Wallgreen, and they have indicated to us that... "at your
request and based on the requirements of the City of Miami Commission, we are
pleased to confirm to you that our real estate committee has approved the
captioned location for a Wallgreen pharmacy, foodmart, and liquor store. The
approval and the lease which we have previously provided you requires that the
lease, that Wallgreen obtain a liquor license for the lease to be effective.
We trust that this information would permit you to obtain a special exception
from the City of Miami, which is necessary for us to obtain a liquor license.
We hope... we look forward to completing this transaction as soon as
possible."
Mayor Suarez: OK. Who do we hear from first other than that issue?
Commissioner Plummer: Can I ask a question, Mr. Mayor?
Mayor Suarez: I guess we hear from the Commission first. Yes, Commissioner.
Commissioner Plummer: Sergio.
Mr. Sergio Rodriguez: Yes.
313 January 9, 1992
0
Commissioner Plummer: Someone made mention to me to the fact that the present
zoning would allow without any exception, a beer and wine license. Is that
correct?
Mr. Rodriguez: Yes.
Commissioner Plummer: So they can go in tomorrow and sell beer and wine
without any exception?
Mr. Rodriguez: That's my understanding.
Commissioner Plummer: Thank you.
Mayor Suarez: OK. Counselor... do we need to swear in parties? Are we
under...?
Commissioner Plummer: If they are going to testify.
Mrs. Dougherty: I've made my presentation the last time that...
Mayor Suarez: You were sworn in before. Right.
Mrs. Dougherty: The point at which you are now, is to have public testimony
and then we will make a rebuttal.
Mayor Suarez: OK. All those that wish to testify, presumably, well, all
those that wish to testify for or against, raise your hand and be sworn in, or
stand up and be sworn in, please. OK, Madam City Clerk, would you administer
the oath? I am sure that we are going to hear from some representatives of
the group, not everybody, but just in case.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: OK. Those that wish to speak in opposition to...
Commissioner Plummer: Why didn't we schedule this for 9:00 a.m.?
Mayor Suarez: ... the application for this, what is it called? What is the
technical name?
Commissioner De Yurre: Walgreen.
Mr. Rodriguez: An appeal of the special exception denial.
Mayor Suarez: All right, ma'am, are you one of them? - I think - please step
up to the mike. Give us your testimony, quickly.
Ms. Martha Weinberg: I will.
Mayor Suarez: And tell us how many of the folks that are here you represent,
and you can do that by a show of hands, or however you want.
314 January 9, 1992
Ms. Weinberg: All these gentlemen and some of the ladies were kind enough to
come and represent me. As you already know, Mayor Suarez, I am Martha
Weinberg, and I am the owner of Boulevard Liquors. I know you are all tired
and...
Mayor Suarez: And we heard some of your testimony last time.
Ms. Weinberg: Right. What I would like to say is this, I apologize, but this
is what I would like to say. I came here with a prepared speech and about an
_ hour before I left my store, someone came into my office this evening and told
me that I have no chance of winning because all five of you have already made
up your mind. I was very upset, I put my speech aside and I am going to speak
again emotionally, and then I will give the floor to the gentlemen that were
kind enough to come and help me. You have to be human beings, and you have to
understand that...
Mayor Suarez: Well, let me just say one thing, ma'am, let me just interrupt
you. I'm going to speak for myself. I have not even contemplated this issue
since last Commission meeting.
Ms. Weinberg: OK.
Mayor Suarez: I've not thought about it, I've not talked to anybody about
it...
Ms. Weinberg: Good.
Mayor Suarez: ... I have forgotten that it existed.
Ms. Weinberg: Oh, how could you?
Mayor Suarez: And I had not made up my mind at the last Commission meeting.
Ms. Weinberg: OK.
Mayor Suarez: Nothing has happened since then...
Ms. Weinberg: Right.
Mayor Suarez: ... to make me more sure of how I am going to vote.
Ms. Weinberg: Right, and for someone to come to me...
Mayor Suarez: So, whoever told you that, who you have not identified,
probably, was making it up.
Ms. Weinberg: I will identify it, only if you insisted...
Mayor Suarez: I don't want to say, lying, but was probably making it up.
Ms. Weinberg: Sir, you don't know me at all. I will identify him in private,
and only to you. But the point is that we don't need.
Commissioner De Yurre: Oh, only to him? I'm leaving then.
315 January 9, 1992
Ms. Weinberg: Oh, no. The thing is...
Mayor Suarez: Only to him.
Mr. Weinberg: We don't need a second liquor store in that Edgewater
community, six hundred feet from mine. My store has been there as you know,
for forty-five years. I've invested a lot of money, I borrowed a lot of
money... I mean, the community in Edgewater does not need two liquor stores,
one right next to the other.
Mayor Suarez: Vice Mayor.
- Vice Mayor Alonso: Do you have a long term lease?
Ms. Weinberg: Yes, I do.
Vice Mayor Alonso: How long?
Ms. Weinberg: I have seven more years on my lease.
Vice Mayor Alonso: Seven years.
Ms. Weinberg: At three thousand dollars a month rent.
Mayor Suarez: All right, thank you. Anything further from the opponents?
Commissioner De Yurre: Seven years with options.
Mr. James Gilliland: My name is James Gilliland. I represent the owners of
the Village South which owns all the properties due east, due west, and due
south of the proposed site. We are a drug and alcohol treatment center. We
have been in business at that location for over twenty years. All of our
properties, I think, reflect a few million dollars worth of interest in this
community and, additionally, all the energy that's been spent treating the
individuals that we have over twenty years. We object to it being there.
Mayor Suarez: Are any of the individuals that have been treated, or that are
being treated represented here today?
Mr. Gilliland: I'm sorry?
Mayor Suarez: Are any of those individuals that you refer to that have been
treated, or are being treated, represented here?
Mr. Gilliland: Yes.
Mayor Suarez: OK. Please raise your hands. I am trying to figure out...
thank you. I am trying to figure out how their presence here affects our
determination, I don't understand it. Maybe, you can explain to me the logic
of this. Most of them are being treated for either drug or alcohol addiction?
Is that the idea? And you have enlisted their support, ma'am? - Because they
buy from you and you don't want them to buy from someone else?
316 January 9, 1992
Mr. Gilliland: Excuse me, I am here...
Commissioner Plummer: That don't make any sense.
Mayor Suarez: Somehow, it doesn't... you know...
Mr. Gilliland: Mayor Suarez, I am here of my own accord, not to...
Mayor Suarez: OK, you're not involved with...
Mr. Gilliland: No.
Mayor Suarez: All right, maybe, I am jumping to conclusions here.
Mr. Gilliland. I am representing the Village.
Mayor Suarez: What about the Neighborhood Associations? Are we going to hear
from them at some point?
Mr. Gilliland: Yes. And maybe, she...
Mayor Suarez: All right, I'm sorry, go ahead, from Village... Village South
is the name of the treatment facility?
Mr. Gilliland: Yes.
Mayor Suarez: OK, go ahead.
Mr. Gilliland: And the Neighborhood Association may be able to speak more,
but to my knowledge, there is no one, no business owner nor homeowner in that
area that is here to speak on behalf, or is wanting this in the neighborhood.
Every one I have had contact with is opposed to it. I don't think it serves
the interest of anyone in the community outside of the developers, and their
interest is only a financial one. I also find it interesting that NE 4th
Avenue which runs right across the front of our facilities would basically
run... was renamed the Villageway a couple years back.
Mayor Suarez: What's really strange about that, as far as the Neighborhood
Associations is, is that we have yet to hear from a single person who is not
otherwise involved either in her business, in your treatment facility, or in
their application. So we've got all interested parties in some way, I don't
know where the residents are, that are not involved in... well, we know Sechen
back there, we don't think he is totally disinterested. You had spoken
totally as a private citizen, counselor?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: And I'm presumably going to hear from some more, but that's
what we are interested in, in the sense of whether this is compatible and
useful and important for the community, in addition to the arguments you are
making now. You do have a very important viewpoint from our perspective.
Frankly, the developer and hers, are the least important, and particularly
when she tries to make it sound like a competitive thing, you know, these
people are driving out of the neighborhood. What do we care about that, you
317 January 9, 1992
know? We don't care if she is there or they are there, you know. We're not
here to try to decide who gets a monopoly of the liquor selling business. We
are here to try to do something good and worthwhile for the community. We are
concerned that if we don't vote for this, there may not be this kind of a very
nice development. We would love to have this development without the liquor
license, by the way. I mean, I have to tell you that.
Mr. Gilliland: That's
obviously our position as well.
Mayor Suarez: Yes, I mean,
we agree on that folks. I mean, we'd love to
have
this without the...
Mr. Gilliland: I see
very beautiful buildings there and I don't know
that
those buildings minus a
liquor store would look any different.
Mayor Suarez: No, it
Just that it might not happen, that's what we
are
worried about.
Commissioner Plummer:
That's not the problem.
Vice Mayor Alonso: It
might not happen.
Mr. Gilliland: I know.
They are not...
Commissioner Plummer:
The problem is, as stated by the developer, without the
liquor store, there are
no buildings. That's the problem. OK?
Mayor Suarez: OK. Anything
further form you or from any residents?
Commissioner De Yurre:
Mr. Mayor, I need to clarify something from
Miss
Weinberg. Where is she
at? You said you had a seven year lease?
Mayor Suarez: Come up
to the mike.
Commissioner De Yurre: Please come up to the mike. Just for my own
edification. I have here what is called a modification and extension of
lease, an assignment of lease, between a Dan Napol...
Ms. Weinberg: Napoli.
Commissioner De Yurre: Napoli?
Ms. Weinberg: Correct.
Commissioner De Yurre: ... and Martha Weinberg...?
Ms. Weinberg: Correct.
Commissioner De Yurre: ... and Joseph Goldberg?
Ms. Weinberg: Mr. Goldberg has nothing to do with that, no.
Commissioner De Yurre: OK. But this lease runs up to December 31st, 193.
318 January 9, 1992
Ms. Weinberg: No. I had a deal with Mr. Napoli before he died, and that is,
if I spent money to repair the roof, I have a seven year lease.
Commissioner De Yurre: Oh, but you have that in writing? You have a lease?
Ms. Weinberg: Mr. Napoli died... I have it in my office, yes sir, I do. Mr.
Napoli who is about a hundred -and -five years of age just died a few months
ago. But this was our agreement. If I am to repair the roof, I have five
more years on my lease. And I did repair the roof.
Commissioner De Yurre: And when was...
Ms. Weinberg: Excuse me?
Commissioner De Yurre: Well, since you know, your situation has become an
issue...
Ms. Weinberg: Yes.
Commissioner De Yurre: ... more than the zoning scenario that we have here,
you know, I need to have that cleared up. Because if it's a two year lease...
Mr. Weinberg: No, sir.
Commissioner De Yurre: ... you know, I have a certain consideration. Now, if
it's a seven year lease, I may have another consideration, but I need to see
it.
Ms. Weinberg: I'll be happy to bring you the...
Vice Mayor Alonso: It's not an oral agreement, is it?
Ms. Weinberg: No.
Vice Mayor Alonso: It's a written contract?
Mr. Weinberg: It is a written agreement between Mr. Napoli and me that... I
told him that I had a lot of problems with the roof. He asked me to repair
the roof and I said, well, if I spend five thousand dollars on the roof, what
guarantees do I have? He said then Martha, I will give you five more years at
three thousand dollars a month.
Vice Mayor Alonso: So, you have seven years?
Ms. Weinberg: Yes.
Vice Mayor Alonso: No possibilities of extension, or what?
Ms. Weinberg: I'm sorry?
Vice Mayor Alonso: Do you have just the seven years? No other extensions,
not options?
Ms. Weinberg: After the seven years?
319
January 9, 1992
M
40
Vice Mayor Alonso: Yes.
Ms. Weinberg: Oh, I am sure. I am a good tenant. I am sure if I wish to
stay.
Vice Mayor Alonso: I understand that, but you don't have anything that
it's...?
Ms. Weinberg: Not after the seventh, so far, no.
Vice Mayor Alonso: In a contract, no. Just the seven years?
Ms. Weinberg: Yes.
Vice Mayor Alonso: Thank you.
Ms. Weinberg: You're welcome.
Mr. Gonzalez-Goenaga: Well, I bring another concern of mine here. I found
out recently that the honorable attorney, Lucia Dougherty works for one of the
most powerf,il and influential, and financial contributions to all of you
Commissioners. And I would like a full disclosure of her involvement,
directly and indirectly of the law firm of Greenberg, Traurig - Askew left,
thank God, - and the other ones, Quentel and Wolfe, to a full disclosure.
Because, as you see the people here, simple people who do not want another...
what do we need liquor stores? - to get more people in the Alcoholics
Anonymous? We've got enough of them. Come on, Commissioners, let's be a
little objective and forget about the reelections on financial contributions
from this, my lobbyists. And my... in my dictionary, lobbyists are influence
peddlers, they are nothing more than that. Thank you very much.
Mayor Suarez: Thank you. You know, that's not really a very unkind
definition of lobbyist, because that's precisely what they are. And it's
descriptive really, it's not derogatory. Yes, sir.
Commissioner Plummer: Can I make a request?
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: Madam Clerk, would you make available to Mr. Gonzalez,
my full, complete, contributors list. And at least, he will have what I am
proud of, the people who supported me in reelection.
Mayor Suarez: Very good. That's a good way to state it. Yes.
Mr. Ignacio Vilarelle: Mr. Mayor, and Commissioners, I am a resident in the
neighborhood there and I have property there. My sole purpose of being here
is not for if there is a liquor store or not, it's for the future of Miami. I
know that Biscayne...
Mayor Suarez: Did you give your name and address and every thing, sir?
320 January 9, 1992
Mr. Vilarelle: Yes. My name is Ignacio Vilarelle, and I live at 3301 NE 5th
Avenue.
Mayor Suarez: What is the last name?
Mr. Vilarelle: Vilarelle. It's called, Baypark Towers. And I've seen...
when I first came down here, I've seen Biscayne Boulevard from what it was
originally, and I've seen it get degraded„ I've seen tourists come from
cruise ships and they have made the mistake, someone made the mistake to walk
to the Omni, and I've seen them get attacked by the homeless people that are
under the 395. I don't mean attack physically, but I mean, you know, begging
them for money, and we have a problem down there. Biscayne Boulevard is the
gateway to downtown Miami. I don't really think that another liquor store
would be beneficial. I'm just looking at it as what's best for the City, and
I think it's best for the City if we don't have another liquor store in
downtown Miami to draw prostitutes from 65th Street, or 75th Street, or 80th
Street, to downtown Miami.
Mayor Suarez: All right, very good.
Mr. Vilarelle: And that's my speech.
Mr. David Fieldstone: I give you my name? My name is David Fieldstone, I am
the owner and manager of Executive Plaza across the street, which I believe is
the largest commercial property in the immediate area. The way I see this,
Martha here, is being asked to allow the confiscation of her property, or its
value, a transfer payment to the developer, who is by the way, buying the
property very cheaply, and then he puts in Wallgreen and they are getting the
benefit of an unjust enrichment at her expense. On the balance of
probabilities, it isn't fair that she should subsidize this because a liquor
store adds nothing, and putting a gun to the head of everybody. Saying there
should be no development without the liquor store isn't right. Because I
think, having a liquor store there with the development is worse than having
no development at all. We've been in the area a long time, we've seen
Biscayne Boulevard go downhill, and I just think this will put it further
downhill. And I have, in dollar terms, probably more at stake than anybody
here, because of the size of our project which we do want to expand, and I...
Mayor Suarez: What is your commercial project? What do you have there?
Mr. Fieldstone: We are at Biscayne and 30th, 31st Street...
Mayor Suarez: What does it constitute of? What do you have?
Mr. Fieldstone: It's five acres.
Mayor Suarez: Of what? What do you have there?
Mr. Fieldstone: There are two office buildings immediately across the
street...
Mayor Suarez: You know, until you made your last statement about neighborhood
and how it might be affected by this, I was ready to say this is one of those
incredible cases where I could be convinced to vote in favor of a developer by
321 January 9, 1992
the arguments of the opposition, because every single argument I have heard up
to now is exactly... leads me to think exactly backwards from what they are
arguing, I can't believe it. I mean, if you say that it's going to hurt a
neighborhood...
Mr. Fieldstone: With a liquor store...
Mayor Suarez: ... then that's a very good argument.
Mr. Fieldstone: Definitely.
Mayor Suarez: If you say that it's going to hurt some other liquor seller's
business, you know, maybe, that's good, I don't know.
Mr. Fieldstone: It's going to hurt both.
Mayor Suarez: Maybe, it's better for theirs than to be in that area with all
these other buildings around it than for hers, I mean, 1 don't know. I mean,
from the viewpoint of the neighborhood, maybe, that's the best thing that
could happen. I don't understand all the arguments up to now. It's...
Mr. Fieldstone: All right, the neighbors have all discussed this. First of
all...
Mayor Suarez: But from the standpoint of compatibility with the neighborhood,
with people who are trying to live there, and dwell there and, including, I
have to say, including those that are trying to get treatment at your
facility, although I don't know, that's still kind of a strange situation.
Mr. Fieldstone: Well, let me explain. I haven't had a chance to explain.
What I'm saying is...
Mayor Suarez: You were heading in the right direction, because you were
talking about the neighborhood and...
Mr. Fieldstone: I am saying that I don't think this development is any big
deal for the neighborhood, I don't think it will help it one bit. I think
it's the wrong kind of development for the neighborhood.
Mayor Suarez: The whole thing? I mean, you don't like any of it, or just not
the liquor store?
Mr. Fieldstone: I don't like the whole concept at all. I don't think it's
the spot for a plaza. But that's not the point. What I am saying is...
Mayor Suarez: Well, what do you have against the rest of it, if I may ask.
Mr. Fieldstone: What I am trying to say is, aside from that, I think anything
going in there with another liquor store, which is the last thing we need, has
to be worse than having nothing. And now if you take the balance of what's
correct, what's...
Mayor Suarez: Has to be worse than having nothing. OK, I see what you're
saying.
322 January 9, 1992
i � a
Mr. Fieldstone: That's right.
Mayor Suarez: Some people might argue that having neither liquor store will
be a great idea, you know, but...
Mr. Fieldstone: But if one liquor store is grandfathered in, I might not
disagree with that, but it's there.
Mayor Suarez: Well, we've got a way of ungrandfathering grandfathers around
here, too, you know.
Mr. Fieldstone: Well, then you are going to ungrandfather her lifesavings,
here investment, then she will be a homeless.
Mayor Suarez: That's not the relevant issue here. OK.
Mr. Fieldstone: I think it is because she has zoning protection.
Mayor Suarez: No, sir. We don't have to protect anybody's liquor licenses,
or lifetime investments, or anything. We are trying to do what's good for the
neighborhood. OK. Anything further?
Mr. Fieldstone: I think this would be bad for the neighborhood.
Mayor Suarez: I think you made a valid point on that.
Mr. Gilliland: If I may, I wanted to clarify one thing. I am not speaking
just as a business representative in that area, but for the people that dwell
there. We do own apartment buildings. The only association we have are the
people that live there, they rent form us. And I am representing all of those
individuals, as well, who all do not wish to see this come into their
neighborhood.
Mayor Suarez: OK. Are any of them here? - other than the ones that are
in...?
Mr. Gilliland: Yes.
1
Mayor Suarez: OK. Sir.
Mr. Dory Auerbach: My name is Dory Auerbach. Our apartment and offices are
at 456 NE 29th Street. Mayor Suarez, Vice Mayor Alonso, Commissioner Dawkins,
Commissioner De Yurre, Commissioner Plummer, the issue of the special
exception is to change the distance from fifteen hundred feet to six hundred
feet, one block from the existing boulevard liquor store that has served the
community for over forty --five years. I brought the Clerk, for the minutes of
this meeting, copies of eleven letters, and the Miami Herald, January 2, 1992
report on this matter. Also, I have attorney Robertson's letter and the NE
Task Force report, which I think, Mayor, you referred to, you wanted to hear
something about a task force, which states, and I am only going to quote one
line...
323 January 9, 1992
Mayor Suarez: This is the task force report now, not the Herald, or any of
the other references you just gave?
Mr. Auerbach: I am going to give you those too. This has nothing to do with
the first two.
Mayor Suarez: No, no, no. I was hoping you would just clarify. You are
reading now from the task force report?
Mr. Auerbach: Yes.
Mayor Suarez: All right.
Mr. Auerbach: I am reading form attorney Robertson's letter and report - just
two lines. "The neighborhood strongly supports the concept of a Wallgreen,
but it is adamantly opposed to additional liquor stores." Ten immediate
neighbors - you mentioned Mayor, that you wanted other people - ten immediate
neighbors welcome Wallgreen's interest in the subject property, and each wrote
to Chairman Wallgreen.
Mayor Suarez: Can we get copies of some of those letters? - and I presume
that the City Clerk has them, and if not, let's make sure that we get them
into the record.
Mr. Auerbach: I am going to give them to you, Mayor, for the Clerk, and I
have already delivered them to your office, and to each of the Commissioners.
Mayor Suarez: I don't know, sir, if they are the same letters we received.
If they are...
Mr. Auerbach: Exactly the same letters that you received, I will now give to
the Clerk.
Mayor Suarez: I don't know that, I want to make sure that the record reflects
that all the letters that were received in my office are included in the
record that have the same basic import as the ones you are reading.
Mr. Auerbach: They are precisely the letters that were delivered to your
office and to all the other Commissioners.
Mayor Suarez: How do you know?
Mr. Auerbach: Because I delivered them.
Mayor Suarez: They were all delivered, none of them was mailed?
Mr. Auerbach: I delivered them personally, and I am delivering these to your
Clerk.
Commissioner Plummer: For the record, my office received the portfolio
surrendered yesterday.
Mr. Auerbach: Thank you, sir.
324 January 9, 1992
Mayor Suarez: OK. So you delivered all of the letters that you think are in
opposition to this? Not a single other person spontaneously wrote, you don't
think, to my office?
Mr. Auerbach: That is correct, to my knowledge, absolutely. Now if I may
continue, please.
Mayor Suarez: Like I said, I've never heard a situation where people arguing
in one direction do more damage to their cause.
Commissioner Dawkins: Correction.
Mr. Auerbach: Well, they are arguing in one direction because it's the proper
direction, sir.
Mayor Suarez: But you are doing damage to your cause because you are trying
to tell me that I may not have received some letters from other folks who were
against this thing...
Mr. Auerbach: I don't know of any.
Mayor Suarez: ... that I want to put into the record to support your cause.
All right, go ahead.
Mr. Auerbach: I don't know what you have received. I know what I have copies
of and what I delivered to you, and I am going to give them to the Clerk.
Mayor Suarez: I was not referring to that, I was telling the Clerk to...
forget it, go ahead.
Mr. Auerbach: Thank you. But in every single one of these letters where they
spoke about welcoming Wallgreen to the subject property, the following people
said the following situations, and these are direct quotes. The National Cash
Register Company, quote: "I totally oppose the idea of having two liquor
stores within one City block." The Budd Mayer Company, quote: "However, it
would be provided without the liquor facility included." The Village group,
the gentleman who spoke here, Mr. Gissen wrote, "Against the granting of an
exception to the present regulations which prohibit the opening of a package
store at that location." Pronto Food Market: "Really, there is something we
don't need here and that is another liquor store." Sonny's Sandwich Shop, "We
have no need for and we are strongly opposed to two liquor stores." The
Subway Restaurant: "We strongly oppose a special exception to allow operation
of a package store with a reduction of distance requirements from fifteen
hundred feet to six hundred feet." The Sun Inn Chinese Restaurant: "We
absolutely oppose another liquor store one block from Boulevard Liquors."
Mail Services Inc.: "Permitting two liquor stores one block from each other is
detrimental to our community." Kehoe Systems, "It may be unwise for your firm
to attempt to locate within..."
Mayor Suarez: Sir, let me ask you a question. How many more of those do you
have?
Mr. Auerbach: Two.
325 January 9, 1992
Aft
Mayor Suarez: All right, finish up please.
Mr. Auerbach: "... within six hundred feet of an existing individually owned
liquor store," and later adds the following. "Public Relations would possibly
hit a new low if this is publicized on the media." And lastly, the Executive
Group that you just heard from wrote the following letter, which is very
short, but I think it says it all succinctly. "Dear Mr. Wallgreen, Wallgreen
would be welcome and would do extremely well at Biscayne Boulevard and 31st
Street in Miami. There is a good need for your pharmaceuticals and other
products. There is no need for a liquor store. Wallgreen has many successful
stores with no liquor. We oppose special exceptions. Permitting two liquor
stores one block from each other is detrimental to our community, and would be
a gross impropriety. Please notify the Commission that you would be happy to
be a happy tenant without a liquor department." Those are all the letters
which I will submit to you.
Mayor Suarez: They are ordered into the record, and you are ordered to finish
up your argument and your presentation, sir.
Mr. Auerbach: I will do so right now. In the name of the approximate two
hundred people on the petition that was presented to this Commission last
time, and is in your records, and the name of the thirty, forty people who
left because they couldn't stick around, and in the name of all of the people
that are still here, and all the companies that I quoted, we urgently request
that you use your influence and moral suasion to have the subject property
developed with Wallgreen as a tenant, without a liquor department. And we
sincerely ask the Commission to reject the special exception which is
detrimental to the Edgewater community. Thank you all.
Mayor Suarez: Thank you, sir. Anything further? If not, we will hear from
the Commission. Counselor, you wanted to say something? And, sir, if you
wanted to say something additionally, come up to the mike right behind him and
let's get this...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Could you please sit down, sir?
Mr. Robert Sechen: Commissioners, and Mayor...
Mayor Suarez: They can use which ever side they want. Go ahead.
Mr. Sechen: Thank you. For the record, my name is Robert Sechen, I live 4560
Baypoint Road in Miami, Florida. I live about a hundred feet off the
Boulevard, I work about a hundred feet off the boulevard in my office. I am
in the unusual position of appearing before you without being compensated -
what can I tell you? I observe the activities of the Boulevard on a daily
basis. Many times, I have worked in my house, I have worked in my office, I
am driving back and forth up the Boulevard on a regular basis. If this was a
case as to whether or not we were going to have liquor stores on Biscayne
Boulevard, I would be against having liquor stores in general on Biscayne
Boulevard. This is not that case. This is a case of whether we are going to
modernize the Boulevard, whether we are going to do the kinds of things that
this Commission has supported and has been pushing for many years. We need to
326 January 9, 1992
be offering the typical suburban amenities in an urban setting. We need to
have the security out there so that my wife or my people that I know, that are
in the area, can go with a feeling of security to go up to a store, and go
into a. Wallgreen, go into a liquor store, or whatever, with the feeling of
that security. And that's not happening there on that Boulevard right now.
And I think that this kind of a project is going to allow that. We are at a
time in the economy right now that we are really pushing for the private
sector to start to do some building, to start to create some jobs. Wallgreen
has come in here, with a lot of hassle, a lot of pain, and gone through this.
They are not going to make the Boulevard any worse, they are going to make it
a heck of a lot better. They are not going to be selling liquor to people who
can't get it already - they have already said that they can get the liquor
that they need there. Let's let Wallgreen do what the private sector does
best, go in there, do something, get some jobs going, get some building going
on that Boulevard, add the additional free security to the Boulevard, so that
the Police Department doesn't have to have it, because you know that they are
going to have security there to protect their customers - if for no other
reason than a liability point of view. Let's get on with it, let's let these
people get on with their Boulevard, and these people can go and have their
business, they can still get their liquor, and wherever they want to buy it
and let's let the development occur. And that's what I speak for.
Mayor Suarez: Yes, they are abstaining now. OK, sir.
Mr. George Singleton: I am George Singleton, and I am a patient at the
Village South. I think that in fact, what is going to get going there are
some compulsions to drink alcohol. I don't know how many times I could pass
that liquor store, going across the street to my business office, but I do
know that four months ago when I came into the Village South, I couldn't have
passed it very many times without the compulsion to drink alcohol wouldn't
have maybe overtaken me. The Village South helps a lot of people that, are
like myself, addicted to chemicals, and that Wallgreen will be facing what you
all named, "Recovery Way," 4th Avenue, which faces the front of the actual
treatment center where patients leave and enter, and they will be seeing a
liquor store. Now, it's my responsibility, if I want to recover, if I want to
continue in recovery, to not go into a liquor store, no matter where it is.
But I do think that for the sake of treatment and for people's lives, and I am
not here from a financial standpoint, or another liquor store, you know, if I
had it my way, there wouldn't be another liquor store in the area, but that's
neither here nor there.
Mayor Suarez: If you had your way, there will be no liquor stores at all in
the area, right?
Mr. Singleton: Not within the area, not within a certain amount of distance
from the treatment center.
Mayor Suarez: Your testimony is compelling. Very interesting.
Mr. Singleton: Thank you.
Mayor Suarez: Thank you, sir. I think you spoke
got your comments on the record, I believe
development in the Boulevard, right, James?
to us before. I think we've
you think this will foster
327 January 9, 1992
Mr. James H. Stover: I favor this exception, and I believe in everything...
Mayor Suarez: Put your name in the record, first.
Mr. Stover: James H. Stover, 2335 Biscayne Boulevard. I have been on the
boulevard eighteen years. I represent forty-four people who own thirty-three
lots in six blocks, from 22nd Street to 34th Street, and I have powers of
attorney to speak for them -without compensation, by the way.
Mayor Suarez: Very good. Thank you.
Mr. Stover: And I just want to try to set the record a little straight. I've
heard here tonight, and when I was here before - I didn't finish the other
night, by the way. I waited four hours and forty-five minutes for this
opportunity. If you will just give me a few minutes, I'd like to say what I
have to say. There has been a reference to one block apart from each package
store, there is no block in Edgewater that's six hundred feet long. They run
from two hundred and twenty feet to three twenty, and I know it because I have
all the plats and I've studied them, so there is some misrepresentation there.
And I do not buy the statements that it is going to run... one liquor store
would run another one out of business whether it's fifteen hundred feet apart
or six hundred feet apart. I believe in competition and I get competition for
my own business there, and I am willing to stand up and fight for it. I think
everybody else should be willing to do that. There are ten thousand people in
Edgewater, roughly. Now I don't see ten thousand people or anyone who says
they represent ten thousand people at this hearing. I don't say I represent
all of them but I hope I represent most of their feelings. I have not heard
anyone, except a few people who have been to these meetings, violently, or
adamantly oppose this exception, and I can go all the way... I talk to people
in the neighborhood every time I go downtown and go to my office, and I
haven't heard anyone violently oppose this exception except a few people here.
Mayor Suarez: All right. Now you've got a little red light here flashing so
I you could conclude, James.
Mr. Stover: OK. I believe the neighborhood is entitled to first class
service such as Wallgreen and Dry Clean USA. I use both of those national
organization stores and I think they are first class stores, and we in the
Edgewater area deserve first class businesses. This will give us some first
class business, we don't have any. There is none in Edgewater now at all.
Mayor Suarez: All right. Thank you, sir.
Mr. Stover: I thank you very much.
Mayor Suarez: Thank you everyone. Commissioners, what will it be? Appeal
special - yes, that closes the public hearing. This is an appeal of special
exception denial, and I'll entertain a motion one way or the other. No
action, I guess, upholds the denial.
Commissioner De Yurre: I guess J.L. said it right a moment ago. This the
type of thing that could go either way because there are feelings going one
side and the other. For years we've been trying to develop or redevelop
328 January 9, 1992
Biscayne Boulevard, and here is a project that certainly is headed in that
direction. You know, Wallgreen, a well known chain, national chain, a
cleaners and other businesses that certainly would enhance the boulevard, and
that is a good reason to vote for this project. On the other side, we have a
situation wherein the issue is not to add more liquor stores to a
neighborhood. And you can have arguments and counter arguments, you can say,
well, we don't need any more liquor stores in the neighborhood, and then you
start analyzing the reasons why. And I can see that if it was the first
liquor store into a neighborhood, I would be more prone to say no, as opposed
to the second because you already have the first. So, the availability of
liquor is already there. So that argument really doesn't hold much water as
far as I am concerned for my vote. We also have the human side of this
situation which is a businesswoman that has come in, has put her savings into
her business, and has made a go of it. And I can see friends and neighbors
trying to protect her and her business. Unfortunately, I am in a situation
wherein I have to make a decision based on the legal issues at hand. As much
as I feel for this situation, the human side of it, that cannot be a legal
criteria in making a decision such as this one, I think we would end up in
court and lose with no doubt. For years, and this is my fifth year here,
development has been at the forefront of Biscayne Boulevard, and a lot of the
people that are here today opposing Wallgreen are the ones that have been here
for years saying, we want redevelopment. And I am in a position though, you
know, it's a kind of thing that could go either way, but at this point in
time, I am leaning more toward allowing the permit that is being required
today to allow the continued redevelopment of Biscayne Boulevard. Just my
opinion. Now, you all don't have to jump into it right away, you can think
about it for a while.
Mayor Suarez: Anything further? Anyone want to file a motion, I mean, want
to make a motion at this point?
Commissioner De Yurre: I'll make a motion to approve.
Mayor Suarez: It would be a denial... the appeal from the denial, right?
Commissioner De Yurre: Whatever it is.
Mr. Rodriguez: Uphold the appeal.
Mayor Suarez: Uphold the appeal?
Ms. Miriam Maer: Grant the appeal, right. And reverse the Zoning Board.
Mr. Rodriguez: For denial.
Mayor Suarez: Reverse the denial.
Ms. Miriam Maer: You reverse the toning Board and you would grant the special
exception.
Mayor Suarez: So moved, granting the special exception. Do we have a second
on that motion?
Vice Mayor Alonso: Second.
329 January 9, 1992
Mayor Suarez: Seconded. Any further discussion? If not, please call the
roll.
Commissioner Plummer: Let me go on discussion.
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: One issue that was brought out to me, the one that
concerned me at the last meeting was the Village South, and I realize that
that's not a legal consideration. And yet, I find out this evening that they
would be permitted under the Zoning regulations today to sell beer and wine
without any exception. I guess it goes back to the old story, are you a
little pregnant, or not? If you sell alcohol, you sell alcohol. Now,
realizing that the problems can be deeper selling hard liquor than beer and
wine, is where I got the dilemma. I am not convinced that if a person who
wanted to buy liquor, the walking of the distance would stop them from doing
such. That's to me, not a legitimate argument. I would much prefer that that
would go there without the liquor, and we tried to do that, but the man has
said, he will not do it. So I am sitting here making a decision that they are
allowed to sell alcohol, and whether or not the shopping center is good for
the area or it's not. I can't remember when the last development occurred on
the Boulevard - I can't remember. It's a tough decision.
Commissioner De Yurre: Mr. Mayor, before you call the roll, maybe, I'd like
to make an amendment or an addition to this motion. Life is a give and take.
I would like to amend my motion to say that Wallgreen cannot open up the
liquor store end of it, let's say, for a two-year period. That will give some
breathing room to the other liquor store that's there. I don't think it's
going to hurt them that much, but at least there is a two-year period wherein
the situation is going to remain status quo.
Mayor Suarez: So amended. Has the seconding party accept that amendment?
Did you want to address that from the procedural standpoint?
Mrs. Dougherty: That's going to be a Wallgreen's issue. I don't know if they
will accept it or not, but I want to make sure that you clarify it, and it's
only the liquor portion of it.
Commissioner De Yurre: The liquor portion of it.
Mrs. Dougherty: Right.
Mayor Suarez: Is it legally proper?
Ms. Maer: It would be acceptable and I would suggest something to the effect
of, "subject to the condition that there shall be no liquor sold at the
premises for a two-year period following the date of this hearing."
Mayor Suarez: That's hard liquor, I guess, as opposed to beer and wine?
Ms. Maer: If you want to specify it that way, that would be fine.
Mayor Suarez: That's the way he meant it, I think, right?
330 January 9, 1992
Commissioner De Yurre:
Ms. Maer: OK, no hard
Commissioner Plummer:
sell alcohol, that's m
Commissioner De Yurre:
were planning on doing
Yes.
liquor.
You see, that's my problem. If you sell alcohol, you
y problem.
Well, a liquor store is a liquor store, whatever they
you can't open it up for a two-year period.
Commissioner Plummer: But you see, and I hope everybody understands, and I
don't know that the people who wrote the letters understand, because I didn't,
until tonight, that without any approval of this Commission, they can sell
alcohol, they can't sell hard liquor, they can serve beer and wine - excuse
me, they can sell it, they can't serve it.
Mayor Suarez: We'd close the...
Commissioner Plummer: There was another question I wanted to ask because this
bothered me, and this is totally unrelated to what anybody has said, except
one man. Am I to assume that the front of this building is not facing the
boulevard?
Mr. Guillermo Olmedillo: Are you specifically referring to the door of the
liquor store?
Commissioner Plummer: What I am looking at now, I guess is the front. I
mean, are we going to be driving down the Boulevard looking at the backside of
a store?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Armando Rodriguez: May I say something?
Commissioner Plummer: But do they enter from the Boulevard side or from the
4th Avenue side?
Mr. Rodriguez: You have a plan over there.
Mayor Suarez: But wait, let me just clarify this technical point. This is
not a matter of...
Commissioner Plummer: No, no, no. my concern... I'll express my concern. If
I am driving down the Boulevard and I am going to look at the back of a store.
Vice Mayor Alonso: So actually, this is what we see.
Mayor Suarez: Is this the view of the Boulevard here?
Commissioner Plummer: In other words, if I am driving down the Boulevard, I
would be looking at the front of the store?
331 January 9, 1992
Mayor Suarez: You would be seeing what is shown on there, that's a front view
from the Boulevard - no? Well, it may be a parking lot in between.
Unidentified Speaker: Yes, right.
!` Mayor Suarez: All right, surface lot. We have closed the public hearing -
what?
is .� Mr. A. Rodriguez: Mr. Mayor, is there any possibility in case before you
vote...
Mayor Suarez: Give us you name.
Mr. A. Rodriguez: ... in that whoever put the motion...
Mayor Suarez: And we are going to take this as a point of clarification, a
point of order, or something. Give us your name on the record, please,
Armando.
Mr. A. Rodriguez: It a point of clarification, that you put some limitation
like...
Commissioner Plummer: Your name.
Mr. A. Rodriguez,: My name is Armando Rodriguez, I am the president of the
Concerned Citizen of Edgewater. Is there any possibility that we can require
from Wallgreen, twenty-four hour security in the parking, and show limitation
in the landscaping?
Commissioner Plummer: Well, excuse me. I think it's a reasonable request to
require security as long as they are open.
Mr. A. Rodriguez: OK.
Commissioner Plummer: OK? I think that is within the purview of asking, yes.
Commissioner De Yurre: Well, they are going to have to provide that if they
want to stay in business. You know, like I mean, a thirty day, well, I am
sure they will want to do that. I'm not going to make that into the motion.
Mr. A. Rodriguez: Is that a requirement, or they have to do it on a voluntary
basis on the parking?
Commissioner Plummer: No, no, no. The man is asking is a legitimate request,
that it be included as a mandate. On special exceptions, we can mandate
anything we want.
Ms. Maer: That's correct.
Vice Mayor Alonso: It's reasonable.
Mrs. Dougherty: What was it again?
Commissioner De Yurre: Security.
332
January 9, 1992
Mrs. Dougherty: No.
Mr. A. Rodriguez: And can you... is there a possibility to add too, no public
phones under parking?
Mrs. Dougherty: First of all, you're asking...
Mr. A. Rodriguez: Public phones inside the store.
Commissioner Plummer: I'm sorry?
Mr. A. Rodriguez: No public phones on the parking lot. The public phones
inside the store.
Vice Mayor Alonso: Or, no public phones.
Mayor Suarez: No public phones.
Commissioner Plummer: But isn't tha... you want to eliminate public phones?
Mr. A. Rodriguez: Yes, they use it for drug dealings on the boulevard.
Vice Mayor Alonso: You mean in the parking lot?
Unidentified Speaker: Yes.
Vice Mayor Alonso: OK.
Mr. A. Rodriguez: And... I know my it might sound silly, but that's a problem
we have.
Mayor Suarez: God, these are the kinds of concerns and considerations that we
would have like to have heard when we were hearing about this competition
issue and some of the other irrelevant stuff.
Vice Mayor Alonso: Yes.
Commissioner Plummer: So, what you're saying is, if there are public phones
that they shall be within the confines of the walls of the stores?
Mr. A. Rodriguez: Perfect. No problem. Not outside in the parking lot.
Commissioner Plummer: I guess that's a reasonable request.
Mayor Suarez: And you know, the push button issue, if we really have a
problem with that we should be talking to the phone company to try to
eliminate those from the boulevard. Yes, folks, we've got to be more pro-
active and creative here.
Mr. A. Rodriguez: We asked for that two years ago, Mr. Mayor.
Vice Mayor Alonso: Well, it has been done before. I have attended meetings
where they have requested it.
'i
333 January 9, 1992
La
Commissioner Plummer: But wait a minute, he...
Mayor Suarez: Well, let's take it to them.
Vice Mayor Alonso: Yes.
Commissioner Plummer: He asked another question.
Mayor Suarez: Every time they show up here and try to do all those...
Mr. A. Rodriguez: I mean, security as far as the drugstore is opened as
Commissioner Plummer suggested, and no public phones on the parking lots, the
public phones inside the store.
Commissioner Plummer; All right.
Mr. A. Rodriguez: And there is a beautification committee from the task force
that you appointed two years ago that is presided by the architect Juan
Crespi, I will like that Juan Crespi has something to say in the landscaping
of this that is in the boulevard. See, we are in the process of beautifying
the boulevard.
Mayor Suarez: OK, this is a resolution. Would you tender voluntarily a
willingness to abide by the recommendations of their... a beautification
committee on landscaping? I don't know it's something that we can hold you
to, but... because it is totally unspecified at this point.
Ms. Maer: Yes, you can. It's a reasonable condition, you can hold...
Vice Mayor Alonso: To allow them to make suggestions, right?
Mrs. Dougherty: To make suggestions, certainly.
Mayor Suarez: In an advisory way.
Mrs. Dougherty: Tell me, did you make the mandatory requirement about
security? Because that's something...
Commissioner Plummer: We are about to.
Mrs. Dougherty: No, we can't accept that. Twenty-four hours security, or...?
Commissioner Plummer: No, only when the store is open.
Mayor Suarez: The time that it's open.
Mrs. Dougherty: It can't be done. It just simply... you're already asking
Wallgreen to pay lease on space they can't use for two years, and that's
simply not a cost that we can incur.
Mayor Suarez: Are you saying that they, whatever the term is, by the very
fact that he is putting that amendment, that Wallgreen will not be in there at
all? - for two years?
334 January 9, 1992
Mrs. Dougherty: Yes, they will have to pay rent on space that they can't use
for two years, that's what I'm saying. So, it's an added cost.
Mayor Suarez: Because they can't sell hard liquor during that time?
Mrs. Dougherty: Because it's a liquor store, yes. So, I am saying to you the
added cost of the security measure is not something that we can also take.
Commissioner Plummer: I can't believe that.
Vice Mayor Alonso: But they will be able to r,e11 wine and beer.
Mrs. Dougherty: But they don't sell it out of there is what I'm hearing. Let
him explain.
Mr. Robert L. Shapiro: When there is a liquor store, there is a requirement
by law, State law, that there be a separate entrance...
Vice Mayor Alonso: Oh, yes, that's right.
Mr. Shapiro: ... and separate facilities. In a beer and wine situation, they
would normally put that within the normal drug and foodmart and it wouldn't
necessarily be designed the same way if it were not a liquor store.
Commissioner Plummer: But that's not the point, sir. The point is, I don't
think that there is any, that I understand, that that space that will be
reserved in two years for the liquor store will not be used.
Mr. Shapiro: No.
Commissioner Plummer: That space I've got to believe that Wallgreen is going
to find a way to use that as marketed space.
Mr. Shapiro: Well, again...
Commissioner Plummer: And you are going to have how many stores in that total
development?
Mr. Shapiro: Well, in addition to Wallgreen, there will be eighty-four
hundred square feet, and we expect that there will be six additional stores.
But it might be less because some people might take two bays rather than one.
Commissioner Plummer: And you're telling me that roughly a hundred dollars a
day, you can't afford?
Mr. Shapiro: It's not a question of that, it's a question of whether or not
that should be a requirement of something that we cannot require from our
tenants. We cannot require that of our own tenants, and I don't know how, you
know, Wallgreen will have to accept that somehow.
Commissioner Plummer: Dollar foolish.
335
January 9, 1992
Mrs. Dougherty: That is really to big a cost, the security. Is that what
you're talking about?
Commissioner Plummer: I don't agree, Lucia, I'm sorry.
Mayor Suarez: All right, let's go procedurally back to a...
Commissioner Plummer: Who is the gentleman that you're asking, the gentleman
that spoke? Would you please put your name and address on the record.
Mr. Shapiro: Yes. I am Robert L. Shapiro, 2665 South Bayshore Drive, Suite
1200, Miami, Florida, and I spoke last time. I am a development consultant to
Leftmark Florida, which is the developer for Wallgreen.
Mayor Suarez: All right, let's...
Vice Mayor Alonso: Excuse me.
Mayor Suarez: Let's go back procedurally at some point of departure here,
Madam Vice Mayor.
Vice Mayor Alonso: We are not even saying what kind of security we are asking
security.
Mrs. Dougherty: What hours are you talking about?
Vice Mayor Alonso: It's difficult for me to accept that they cannot provide
security in hours of operation. I have a hard time accepting that.
Mayor Suarez: The hours of operation.
Mrs. Dougherty: The hours of operation. How about the just the evening
hours?
Mayor Suarez: The hours of operation beginning at 4:00 p.m., you want to try
it?
Vice Mayor Alonso: Yes, it seems reasonable.
Commissioner Plummer: You know, this is being penny wise and dollar foolish.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Folks, you know...
Commissioner De Yurre: I am walking out of here if we don't get this over and
done - ten o'clock at night, I don't want to be here any further.
Mayor Suarez: We are beyond our capacity to act rationally, counselor, I want
to tell you, I want to warn you.
Vice Mayor Alonso: Yes, it seems reasonable, four o'clock.
336
January 9, 1992
Commissioner De Yurre: I'll make the motion. This is my motion. The motion
that 1 made adding the two year requirement that there be no sale of liquor on
the premises. The motion includes input as far as the beautification, and
landscaping, and all that kind of thing, includes the telephones inside the
stores, and it includes security during the hours of operation. That's my
motion, take it or leave it. If there is a second, I am walking out of here.
Vice Mayor Alonso: Second.
Mayor Suarez: Moved and seconded.
Commissioner De Yurre: Call the roll.
Mayor Suarez: Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-43
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND GRANTING A SPECIAL EXCEPTION FROM SECTION
1305 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS LISTED IN
CHAPTER 4, SECTION 4-10 OF THE CITY CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED TO ALLOW THE
CONSTRUCTION AND OPERATION OF A PACKAGE LIQUOR STORE
(FOR CONSUMPTION OFF PREMISES ONLY) WITH A REDUCTION
IN DISTANCE SEPARATION REQUIREMENT FROM 1500' TO 600'
FROM AN EXISTING PACKAGE LIQUOR STORE (BOULEVARD
LIQUOR STORE), LOCATED AT 3101 BISCAYNE BOULEVARD,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
ZONED C-1 RESTRICTED COMMERCIAL, SUBJECT TO THE
FOLLOWING CONDITIONS: (1) THERE SHALL BE NO SALE OF
LIQUOR AT THE PROPERTY FOR A PERIOD OF TWO YEARS FROM
THE DATE OF THIS HEARING; (2) SECURITY GUARDS SHALL BE
PROVIDED AT THE PROPERTY AT ALL TIMES THAT THE LIQUOR
STORE IS OPEN; (3) PUBLIC TELEPHONES SHALL BE LOCATED
ONLY WITHIN STORES AND THERE SHALL BE NO PUBLIC
TELEPHONES LOCATED IN THE AREA OUTSIDE STORES NOR IN
THE PARKING AREA; (4) LANDSCAPING OF THE SITE SHALL BE
SUBJECT TO THE ADVISORY REVIEW OF THE NEIGHBORHOOD
COMMUNITY ORGANIZATIONS; AND (5) THE AMENDMENT TO THE
COVENANT APPROVED BY THE CITY COMMISSION ON APRIL 25,
1991 PURSUANT TO RESOLUTION NO. 91-321 SHALL BE
RECEIVED BY THE CITY IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY NO LATER THAN THIRTY (30) DAYS FROM JANUARY
9, 1992.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
337 January 9, 1992
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: Mayor Xavier L. Suarez.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I understand the motion, I vote yes.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: All the other items are continued until the meeting of...
Ms. Maer: Mr. Mayor, excuse me.
Mayor Suarez: Yes.
Ms. Maer: But with regard to this item, there is one more thing that I would
like to ask of the Commission. There is a covenant that is owed to us since
the spring of 191, and we would like to make that a condition of this.
Mayor Suarez: I am sure you will secure that covenant otherwise this will
have no effect, and that's understood.
Ms. Maer: Thank you, thank you, Mr. Mayor.
Mayor.Suarez: I don't think we have to take any formal motions to continue,
and if not, we are otherwise adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 10:02 P.M.
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
N A Y 0 R
�t
338
January 9, 1992