HomeMy WebLinkAboutCC 1992-02-13 Minutes;�
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CITY OF MIA1ViI
OF MEETING HELD ON FEBRUARY 13, 1992
REGULAR
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
i
INDEX
MINUTES OF REGULAR MEETING
FEBRUARY 13, 1992
ITEM
NO.
SUBJECT
LEGISLATION PAGE
NO.
1.
PRESENTATIONS, PROCLAMATIONS $ SPECIAL
DISCUSSION
1-2
ITEMS.
2/13/92
2.
CONSENT AGENDA -- GENERAL COMMENTS
DISCUSSION
2-5
CONCERNING VARIOUS CONSENT AGENDA
2/13/92
ITEMS.
2.1
AUTHORIZE SUPPORT OF SOCIAL SERVICE
R 92-64
6
PROGRAMS OF THE CHRISTIAN COMMUNITY
2/13/92
SERVICE AGENCY, INC. -- ALLOCATE FUNDS
FROM 17TH YEAR CDBG FUNDS -- EXECUTIVE
AGREEMENT.
2.2
AUTHORIZE FUNDING OF AN EXPLORER
R 92-65
6
PROGRAM -- ALLOCATE FUNDS FROM THE LAW
2/13/92
ENFORCEMENT TRUST FUND.
2.3
AUTHORIZE CONTRIBUTION TO THE LIBERTY
R 92-66
6
CITY OPTIMISTS DRUG AWARENESS
2/13/92
PROGRAM -- ALLOCATE FUNDS FROM THE LAW
- :.r
ENFORCEMENT TRUST FUND.
2.4
AUTHORIZE SUPPORT OF THE SAMARITAN SALT
R 92-67
7
FACTORY -- ALLOCATE FUNDS FROM THE LAW
2/13/92
ENFORCEMENT TRUST FUND.
2.5
ACCEPT BID: DICTAPHONE CORPORATION,
R 92-68
7
FOR FURNISHING PREVENTIVE MAINTENANCE
2/13/92
TO THE E-911 DICTAPHONE EQUIPMENT AT
THE FIRE, RESCUE AND INSPECTION
SERVICES DEPARTMENT.
-
2.6
RATIFY MANAGER'S FINDING THAT CLEARING
R 92-69
7-8
OF LOTS IN PROPOSED WYNWOOD FREE TRADE
2/13/92
ZONE WAS A VALID PUBLIC EMERGENCY --
APPROVE PURCHASE ORDER TO SHARK
WRECKING CO.
2.7
ACCEPT BID: O.K. FEED STORE, INC., FOR
R D2-7n
FURNISHING FOOD FOR THE CANINE DETAIL
2/13/92
OF POLICE DEPARTMENT.
2.8
EXECUTE AMENDMENT NO. 3 t0 LEASE
R 92-71
AGREEMENT WITH THE UNITED STATES OF
2/13/92
AMERICA, ACTING THROUGH THE GENERAL
SERVICES ADMINISTRATION, FOR
DEVELOPMENT OF THE MIAMI FEDERAL LAW
ENFORCEMENT BUILDING -- IDENTIFYING
FEDERAL FINANCING BANK AS THE FEDERAL
GOVERNMENT'S SOURCE OF ADDITIONAL FUNDS
NEEDED TO COMPLETE CONSTRUCTION.
2.9
AUTHORIZE MANAGER TO MARKET AND CONVEY
R 92-72
TO QUALIFIED LOW AND MODERATE INCOME
2/13/92
HOMEBUYERS 12 NEW SINGLE FAMILY HOMES
IN COCONUT GROVE, MODEL CITY, AND
WYNWOOD COMMUNITY DEVELOPMENT TARGET
AREAS, IN CONNECTION WITH THE SCATTERED
SITE AFFORDABLE HOMEOWNERSHIP
DEVELOPMENT PROGRAM.
2.10
ACCEPT PROPOSAL FROM U.S. IMPRESSION
R 92-73
INC. TO PUBLISH THE SECOND ECONOMIC
2/13/92
RESOURCE PROFILE OF MIAMI (AT NO COST
TO THE CITY).
2.11
AUTHORIZE CITY ATTORNEY TO ENGAGE
R 92-74
McCRARY, BLIZZARD AND MOSLEY TO PREPARE
2/13/92
CONDOMINIUM AND CLOSING DOCUMENTS, AND
ISSUE TITLE POLICIES FOR 23 UNIT SINGLE
FAMILY RESIDENTIAL CONDOMINIUM
DEVELOPMENT FOR MODERATE INCOME
FAMILIES FOR THE ST. HUGH OAKS PROJECT
(CIP 321034, THE SCATTERED SITE
AFFORDABLE HOUSING DEVELOPMENT
PROGRAM).
2.12
CLAIM SETTLEMENT: CAROL JOSEPH
R 92-75
($65,000).
2/13/92
2.13
RATIFY ENGAGEMENT OF WEISS, SEROTA AND
R 92-76
HELFMAN, PA, TO SERVE AS COUNSEL BEFORE
2/13/92
STATE OF FLORIDA DEPARTMENT OF REVENUE
FOR ADMINISTRATIVE PROCEEDINGS IN
CONNECTION WITH SALES AND USE TAX AUDIT
NO. 9105311575 -- ALLOCATE FUNDS FROM
CITY OF MIAMI SELF-INSURANCE AND
INSURANCE TRUST FUND.
R
:•
E'7
0
9-10
10
10-11
2.14 *SND RESOLUTION 89-1045 -- CHANGE NAME R 92-77
OF THE LAW FIRM WITH WHICH BEVERLY B. 2/13/92
PARKER, ESQ. IS ASSOCIATED TO ANDREW C.
BARNARD, PA (FOR THE REPRESENTATION OF
KENNETH C. McCULLOUGH IN BENJAMIN J.
BOYKIN, ET AL. V. CITY OF MIAMI, ET AL.
CASE NO 88-2033-CIV-KEHOE).
2.15 APPROVE USE OF CERTAIN STREETS IN R 92-78
COCONUT GROVE DURING MERCY HOSPITAL 2/13/92
HEALTH RUN 5-MILE RACE.
2.16 CODESIGNATE N.W. 2 AVENUE BETWEEN N.W. R 92-79
36 AND N.W. 54 STREETS AS MILTON 2/13/92
'BUTTERBALL' SMITH BOULEVARD.
2.17 ACCEPT PROPOSAL FROM GABRIEL GARCIA R 92-80
MENOCAL, MAI (OF REPUBLIC APPRAISAL CO. 2/13/92
II, INC.) AND MARK J. QUINLIVAN, MAI --
TO ESTABLISH FAIR MARKET VALUE AND FAIR
RENT OF CITY -OWNED PROPERTY AT 2640
SOUTH BAYSHORE DRIVE.
3. (A) ACCEPT BID: EMERGENCY VEHICLE,
R 92-81
INC., FOR PURCHASE OF ONE RESCUE
M 92.81.1
VEHICLE (SPIRIT OF MIAMI) FOR
R 92-82
DEPARTMENT OF FIRE, RESCUE AND
2/13/92
INSPECTION SERVICES (CIP 313234).
(B) INSTRUCT MANAGER TO BRING BACK THIS
AFTERNOON AN EMERGENCY INSTRUMENT
AUTHORIZING EXPENDITURE OF UP TO
$60,000 TO EQUIP THE NEW RESCUE VEHICLE
(SPIRIT OF MIAMI) , AND TO BRING BACK A
PURCHASE ORDER BY THE FIRST MEETING OF
APRIL SHOWING NECESSARY EQUIPMENT HAS
BEEN PURCHASED.
(C) ACCEPT PROPOSED DONATION OF FUNDS
PLEDGED AND COLLECTED BY CITY EMPLOYEES
($17,169) IN ORDER TO PARTIALLY EQUIP
THE NEW SPIRIT OF MIAMI RESCUE UNIT.
(Note: This item was later
reconsidered and ultimately deferred --
see label 24.)
4. GRANT REQUEST BY CORPUS CHRISTI
R 92-83
CATHOLIC CHURCH FOR CLOSURE OF
2/13/92
DESIGNATED STREETS CONCERNING ITS
EVENT.
it
11
12
12
*M
27-28
5.
DISCUSSION CONCERNING ONGOING DISPUTE
DISCUSSION 29-33
BETWEEN THE MIAMI HEAT AND LMM (LEISURE
2/13/92
MANAGEMENT OF MIAMI). (The item was
tabled).
6.
(A) EMERGENCY ORDINANCE: AMEND
ORDINANCE 33-39
ORDINANCE 10021, WHICH ESTABLISHED
10946
INITIAL RESOURCES AND APPROPRIATIONS
DISCUSSION
FOR THE LAW ENFORCEMENT TRUST FUND --
2/13/92
PROVIDE FOR INCREASE ($505,658), AS A
RESULT OF ADDITIONAL MONIES DEPOSITED
DUE TO SUCCESSFUL FORFEITURE ACTIONS.
(B) DIRECT ADMINISTRATION TO NOTIFY THE
COMMISSION EVERY TIME AN ITEM IS
PURCHASED WITH MONIES FROM SAID FUND.
(C) DIRECT MANAGER TO RESEARCH
METHODOLOGY EMPLOYED BY THE CITY OF
CORAL GABLES ADMINISTRATION CONCERNING
THEIR USE OF MONIES FROM SUCCESSFUL
FORFEITURE ACTIONS.
7.
SECOND READING ORDINANCE: ESTABLISH
ORDINANCE 39-40
NEW SPECIAL REVENUE FUND: DADE COUNTY
10947
EMS GRANT AWARD (FY 192) -- APPROPRIATE
2/13/92
FUNDS CONSISTING OF $118,955 GRANT
APPORTIONED BY METROPOLITAN DADE COUNTY
GRANT FROM 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 AWARD,
etc.
8.
DISCUSS AND TEMPORARILY TABLE
M 92-84 41-60
CONSIDERATION OF PROPOSED FIRST READING
2/13/92
ORDINANCE AMENDING ARTICLE II, CHAPTER
3.5 (BURGLARY AND ROBBERY ALARMS,) OF
THE CODE. (This item was later passed
as an Emergency Ordinance -- See label
75) .
9.
ACCEPT 4 GRANTS FROM SOUTH FLORIDA
R 92-85 60-62
EMPLOYMENT AND TRAINING CONSORTIUM
2/13/92
(SFETC) TO OPERATE JTPA PROGRAMS: (a)
JTPA TITLE I (PY 191)($34,118); (b)
JTPA TITLE II -A / ENTERPRISE ZONE (PY
191) ($96,520); (c) JTPA TITLE III /
PAN AM (PY 191) ($144,400); AND (d)
DHRS / RCA (PY 191) ($75,718).
10.
FIRST READING ORDINANCE: ESTABLISH 4
ORDINANCE
NEW SPECIAL REVENUE FUNDS: (a) JTPA
FIRST READING
TITLE I (PY 191) ($34,118); (b) JTPA
2/13/92
TITLE II -A / ENTERPRISE ZONE (PY 191)
($96,520); (c) JTPA TITLE III / PAN AM
(PY 191) ($144,400); AND (d) DHRS / RCA
(PY 191) ($75,718) -- FUNDS FROM U.S.
DEPARTMENT OF LABOR GRANT AWARDS
THROUGH SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM (SFETC).
11.
(A) ACCEPT 1992 EMERGENCY SHELTER GRANT
R 92-86
FROM U.S. DEPARTMENT OF HOUSING AND
M 92-86.1
URBAN DEVELOPMENT (USHUD) ($287,000) --
M 92-87
EXECUTE IMPLEMENTING AGREEMENTS WITH
2/13/92
USHUD AND APPROVED AGENCIES SERVING THE
HOMELESS.
(B) APPROVE FIRST READING ORDINANCE
ESTABLISHING NEW SPECIAL REVENUE FUND:
EMERGENCY SHELTER GRANT (FY 192)
APPROPRIATING FUNDS FOR ITS OPERATION
($287,000) FROM U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (USHUD).
(Note: Even though the roll was called
at this time, the title of this
ordinance was not read into the public
record at this point -- see label 13).
(C) COMMISSION URGES STATE OF FLORIDA
TO GET ACTIVELY INVOLVED AND SUPPORT
THE CITY CONCERNING ONGOING CRIME
ACTIVITY PERPETRATED BY THE HOMELESS
PRESENTLY LIVING UNDER I-395
EXPRESSWAY, AND OTHER CITY ARTERIES.
12.
SET CRITERIA REQUIREMENTS AND PROCEDURE
R 92-88
BY WHICH TO ISSUE REVOCABLE PERMITS FOR
2/13/92
USE OF OFFICE SPACE AT MANUEL ARTIME
PERFORMING ARTS CENTER (900 S.W. 1
STREET) (See LABEL 14).
13.
(Continued Discussion) FIRST READING
ORDINANCE
ORDINANCE: ESTABLISH NEW SPECIAL
FIRST READING
REVENUE FUND: EMERGENCY SHELTER GRANT
2/13/92
(FY'92)-- APPROPRIATE $287,000 FROM
U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (USHUD) 1992 EMERGENCY
SHELTER GRANT. (Note: When this item
was first discussed [see label 11], the
motion was duly proposed and seconded
and the roll was called, but the title
was not read into the public record.
Therefore, it ws read this point.)
62-63
63-76
76-81
81-82
14.
(Continued Discussion) BRIEF COMMENTS
DISCUSSION
CONCERNING POSSIBLE CREATION OF A
2/13/92
COMMITTEE TO REGULATE USE OF MANUEL
ARTIME PERFORMING ARTS CENTER (900 S.W.
1 STREET) (See label 12).
15.
EXECUTE AGREEMENT WITH MIAMI DADE
R 92-89
COMMUNITY COLLEGE TO PROVIDE A LAND
2/13/92
ACQUISITION GRANT ($850,000) --
ALLOCATE $700,000 FROM 15TH YEAR CDBG
FUNDS AND $150,000 FROM 17TH YEAR CDBG
FUNDS.
16.
EXPRESS SYMPATHY AND CONDOLENCES TO
R 92-90
FAMILY AND FRIENDS OF DELIA PADRON.
2/13/92
17.
DECLARE UDP AS MOST ADVANTAGEOUS METHOD
R 92-91
TO DEVELOP IMPROVEMENTS ON CITY -OWNED
2/13/92
WATERFRONT LAND (2640 S. BAYSHORE
DRIVE) -- AUTHORIZE PREPARATION OF A
DRAFT RFP FOR A UDP -- SET PUBLIC
HEARING FOR APRIL 9, 1992 TO TAKE
TESTIMONY REGARDING SAID RFP FOR
DEVELOPMENT OF A FULL -SERVICE BOAT YARD
FACILITY, MARINA AND ANCILLARY RETAIL
USE ON CITY -OWNED WATERFRONT PROPERTY.
18.
EXECUTE AGREEMENT WITH RAMPA
R 92-92
CORPORATION (SELLER) FOR ACQUISITION OF
2/13/92
4 PARCELS IN OVERTOWN COMMUNITY
DEVELOPMENT TARGET AREA AT: (a) 1311
N.W. 2 COURT, (b) 1321 N.W. 2 COURT,
(c) 1330 N.W. 2 COURT, and (d) 1345
N.W. 2 COURT (COLLECTIVELY, PARCEL NO.
90-12B) -- ALLOCATE $429,174 FROM CDBG
PROJECT: (a) OVERTOWN LAND ACQUISITION
PROJECT, AND (b) SOUTHEAST OVERTOWN /
PARK WEST REDEVELOPMENT TRUST ACCOUNT,
PROJECT 689001.
19.
RESCIND RESOLUTION 91-766, WHICH
R 92-93
AUTHORIZED ISSUANCE OF A REVOCABLE
2/13/92
PERMIT TO BETTER WAY, INC. -- WAIVE
COMPETITIVE BIDDING PROCEDURES, FOR
LEASE OF CITY -OWNED PROPERTY IN
ACCORDANCE WITH SECTION 29-B OF THE
CHARTER -- EXECUTE LEASE AGREEMENT WITH
BETTER WAY, INC. FOR THE RENTAL OF
BECKHAM HALL (800-810-820 N.W. 28
STREET) .
82-83
83-87
::
89-102
102-103
104-112
20. ACCEPT PROPOSAL: UCS, INC., FOR R 92-94 112-113
FURNISHING 15 GRIDPAD HAND HELD 2/13/92
COMPUTERS, PERIPHERALS AND A
PROGRAMMING SYSTEM FOR THE FIRE, RESCUE
AND INSPECTION SERVICES DEPARTMENT --
AUTHORIZE ISSUANCE OF PURCHASE ORDER.
21. RESCHEDULE STARTING TIME OF COMMISSION R 92-95 113-115
MEETING PRESENTLY SCHEDULED FOR 2/13/92
FEBRUARY 18, 1992, TO 1:30 P.M.
22. (A) APPROVE CHIEF PROCUREMENT OFFICER'S R 92-96 116-126
DECISION TO REJECT PROTEST RECEIVED DISCUSSION
FROM FLORIDA CLEAN HARBORS, INC., IN 2/13/92
CONNECTION WITH BID 90-91-149 FOR
SPECIALIZED CLEANING SERVICES AT CITY
WATERFRONT FACILITIES.
(B) DIRECT CITY ATTORNEY TO PREPARE AN
AMENDMENT TO THE CODE REQUIRING THAT
BID PROTESTS BE CONSIDERED PRIOR TO
AWARD OF A CITY BID.
(C) DIRECT MANAGER TO INVESTIGATE,
THROUGH DEPARTMENT OF POLICE, A NEW
PROCEDURE TO ENSURE THAT FREIGHTERS DO
NOT SAIL FROM MIAMI CARRYING STOLEN
BICYCLES.
23. EXPRESS SYMPATHY AND CONDOLENCES TO R 92-97 126
FAMILY AND FRIENDS OF LEONARD MELLON. 2/13/92
24. (A) (Continued Discussion) RECONSIDER M 92-98 127-130
PRIOR VOTE ON AGENDA ITEM 15, ACCEPTING M 92-99
BID OF EMERGENCY VEHICLE, INC. FOR 2/13/92
PURCHASE OF ONE RESCUE VEHICLE (SPIRIT
OF MIAMI).
(B) DEFER FURTHER CONSIDERATION OF
PROPOSED ACCEPTANCE OF SAID BID TO A
FUTURE MEETING. (See label 3)
25. PROVIDE FOR ISSUANCE OF CITY'S PARKING R 92-100 130-139
SYSTEM REVENUE BONDS, SERIES 1992A 2/13/92
($5,500,000), FOR PURPOSE OF: (a)
REFUNDING CITY'S SUBORDINATED PARKING
SYSTEM REVENUE BONDS, SERIES 1990 AND
CITY'S OBLIGATION UNDER A PARTICIPATION
AGREEMENT WITH FIRST MUNICIPAL LOAN
COUNCIL; AND (b) THE ISSUANCE OF CITY'S
PARKING SYSTEM REVENUE BONDS, SERIES
1992B ($2,000,000), FOR PURPOSE OF
REFUNDING CITY'S SUBORDINATED PARKING
SYSTEM REVENUE BONDS, SERIES 1986.
>� 14
26. ACCEPT BID (AS MODIFIED): MARTIN LAMAR R 92-101 139-141
UNIFORMS, AND FURNISHING UNIFORMS AND 2/13/92
ACCESSORIES FOR POLICE DEPARTMENT.
27.
ACCEPT BID: MIRI CONSTRUCTION, INC.
R 92-102 142
PTOTALROJECT BIDPHASEOR TAM
S(CIP
2/13/92
IIIIAMIB 5582M
352190) -- EXECUTE CONTRACT.
28.
RESCIND RESOLUTION 91-650 -- AUTHORIZE
R 92-103 143-144
MANAGER TO NULLIFY CONTRACT WITH MET
2/13/92
CONSTRUCTION, INC., AND ACCEPT BID OF
MONOKO, INC. (D/B/A QUALITY PAINTING
AND CONSTRUCTION CO.) FOR THE N.W. 7
STREET BRIDGE RENOVATIONS B-4546 (CIP
341175) .
29.
WAIVE ALL BUILDING AND ZONING PERMIT
R 92-104 144-147
AND CERTIFICATE FEES, DOCKAGE FEES FOR
2/13/92
BOATS MOORING ADJACENT TO THE FEC
PROPERTY, AND STREET CLOSURE AND BANNER
FEES REQUIRED OF THE EVENT PROMOTERS
FOR THE 1992 GRAND PRIX.
30.
DISCUSS AND TEMPORARILY DEFER PROPOSED
DISCUSSION 147-179
RESOLUTION TO ACCEPT BID OF PROPOSAL
2/13/92
FOR ORANGE BOWL MODERNIZATION PROJECT
PHASE II (1992) - JOIST REPLACEMENT AND
RESTROOM FACILITIES IMPROVEMENT B-3231-
E (SECOND BIDDING), SUBJECT TO
NECESSARY APPROVALS (See label 47).
31.
EXECUTE AMENDMENT TO AGREEMENT WITH
R 92-105 180-183
CH2M HILL SOUTHEAST, INC., TO FURTHER
2/13/92
DEFINE SCOPE OF SERVICES FOR PART II OF
THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT -- INCREASE
MAXIMUM TOTAL COMPENSATION BY $647,350
FOR PROFESSIONAL AND TECHNICAL SERVICES
(CIP 352277).
32.
APPOINT / REAPPOINT INDIVIDUAL TO SERVE
R 92-106 183-184
ON THE MIAMI WATERFRONT ADVISORY BOARD
2/13/92
(Appointed was: Bijan Nakhjavan).
33.
APPOINT / REAPPOINT INDIVIDUALS TO
R 92-107
185-186
SERVE AS MEMBERS OF THE CITY OF MIAMI
2/13/92
OFFICE OF PROFESSIONAL COMPLIANCE
ADVISORY PANEL (Appointed were:
Elizabeth Diaz and Leroy Smith;
reappointed were: Jackie Bell, Annette
Eisenberg, Lt. Frank Christmas, Willie
Starks and H.R. "Jack" Blankenship; one
appointment is still pending.)
34.
APPOINT / REAPPOINT INDIVIDUALS TO
R 92-108
186-187
SERVE AS MEMBERS OF THE CITY OF MIAMI
2/13/92
AFFIRMATIVE ACTION ADVISORY BOARD
(Appointed was: Gloria Roselio;
confirmed was: Capt. Virgil Fernandez;
two appointments are still pending.)
35.
APPOINT / REAPPOINT INDIVIDUAL TO SERVE
R 92-109
187-189
AS A REGULAR MEMBER OF THE PLANNING
2/13/92
ADVISORY BOARD (PAB) (Reappointed was:
Eladio Armesto III.)
36.
APPOINT / REAPPOINT INDIVIDUAL TO SERVE
M 92-110
189-191
AS A REGULAR MEMBER OF THE CODE
2/13/92
ENFORCEMENT BOARD (Appointed was:
Willard Hart; one appointment is still
pending -- see label 41.)
37.
APPOINT / REAPPOINT INDIVIDUALS TO
R 92-111
191-192
SERVE AS MEMBERS OF THE MIAMI STREET
2/13/92
CODESIGNATION REVIEW COMMITTEE
(Appointed were: Orlando Morales and
Ernest Mae "Pinky" Sands.)
38.
APPOINT / REAPPOINT INDIVIDUALS TO
R 92-112
192-193
SERVE AS MEMBERS OF THE CITY OF MIAMI
2/13/92
URBAN DEVELOPMENT REVIEW BOARD
(Appointed was: Alberto Gonzalez,
Architect; two appointments are still
pending.)
39.
APPOINT / REAPPOINT INDIVIDUALS AS CITY
R 92-113
193-196
OF MIAMI REPRESENTATIVES ON THE METRO
2/13/92
DADE COUNTY BISCAYNE BAY SHORELINE
DEVELOPMENT REVIEW COMMITTEE
(Reappointed was: Jose Feito, FAIA;
Appointed was: Daniel Perez Zarraga,
AIA.)
40.
(A) APPOINT / REAPPOINT TWO MEMBERS TO
R 92-114
196-210
THE BOARD OF TRUSTEES OF THE CITY OF
DISCUSSION
MIAMI FIRE FIGHTERS' AND POLICE
2/13/92
OFFICERS' RETIREMENT TRUST (Reappointed
were: Jesse Diner and Marshall Barry.)
(B) COMMISSIONER DAWKINS CRITICIZES
THE BOARD FOR HAVING NO BLACKS OR WOMEN
APPOINTED TO THE BOARD.
(C) BRIEF DISCUSSION BETWEEN MAYOR
SUAREZ AND ELENA RODRIGUEZ CONCERNING
HER PAST PERFORMANCE AS ADMINISTRATOR
OF THE FIRE FIGHTERS' AND POLICE
OFFICERS' RETIREMENT TRUST.
41.
(Continued Discussion) APPOINT
R 92-115
210-211
INDIVIDUAL TO SERVE AS A REGULAR MEMBER
2/13/92
OF THE CODE ENFORCEMENT BOARD
(Appointed was: Eva Parker -- see
label 36.)
42.
APPOINT / REAPPOINT INDIVIDUALS TO
R 92-116
211-212
SERVE ON THE MIAMI SPORTS AND
2/13/92
EXHIBITION AUTHORITY (Appointed were:
Bill Bayer and Eli Feinberg.)
43.
CLASSIFY UP TO 20 SURPLUS POLICE PATROL
R 92-117
212-213
SPECIFICATION CARS AS CATEGORY "A"
2/13/92
STOCK, SHOULD THEY BECOME AVAILABLE AS
SURPLUS CITY STOCK -- DONATE SAME TO
FLORIDA CITY TO BE USED IN ITS EFFORTS
TOWARD DETERRING CRIME.
44.
GRANT REQUEST BY MIAMI NORTH - SOUTH
R 92-118
213-215
GOLF TOURNAMENT, INC. FOR WAIVER OF
2/13/92
GREEN FEES IN CONNECTION WITH THE 41ST
ANNUAL MIAMI NORTH - SOUTH GOLF
TOURNAMENT IN MIAMI SPRINGS.
45.
ALLOCATE $71,714 TO ALLAPATTAH
R 92-119
215-221
COMMUNITY ACTION, INC., TO ASSIST IN
2/13/92
THEIR EFFORTS TO COMPLETE THE
ALLAPATTAH CHILD CARE CENTER.
46.
EXPRESS SYMPATHY AND CONDOLENCES TO
R 92-120
221-222
FAMILY AND FRIENDS OF RICHARD 0.
2/13/92
WHIPPLE.
47. (A) (Continued Discussion) ACCEPT BID: R 92-121 223-248
DANVILLE-FINDORFF, INC., (TOTAL BID) 2/13/92
FOR ORANGE BOWL MODERNIZATION PROJECT
PHASE II (1992) -- JOIST REPLACEMENT
AND RESTROOM FACILITIES IMPROVEMENT B-
3231-E (SECOND BIDDING), SUBJECT TO
FINAL APPROVAL OF THE PROFESSIONAL
SPORTS FRANCHISE FACILITY TAX BONDS
FROM METROPOLITAN DADE COUNTY
COMMISSION TO COVER CONTRACT COST AND
ESTIMATED EXPENSES -- ALLOCATE MONIES
FROM CIP 404238 -- AUTHORIZE EXECUTION
OF CONTRACT (See label 30).
(B) DIRECT CITY MANAGER AND CITY
ATTORNEY TO COME UP WITH A BETTER,
CLEARER AND MORE EFFICIENT SYSTEM TO
DEFINE WHO IS THE LOW BIDDER, AND TO
RESOLVE BIDDING PROTESTS.
48. DISCUSSION CONCERNING A PLAN OF DISCUSSION 248-252
CULTURAL AND ARTISTIC SHOWS FOR THE 2/13/92
CITY OF MIAMI.
49. DIRECT MANAGER TO CONTACT METRO-DADE R 92-122 252-259
COUNTY TO REQUEST THAT PHASE II OF THE 2/13/92
CITY -COUNTY HOMELESS ASSISTANCE PROGRAM
BE EXPANDED TO INCORPORATE AND FUND THE
DOWNTOWN DEVELOPMENT AUTHORITY (DDA)
PILOT HOMELESS ASSISTANCE PROGRAM
THROUGH FY 1991-92.
50. BRIEF COMMENTS BY VICE MAYOR ALONSO DISCUSSION 260
CONCERNING SATISFACTORY MEETING WITH 2/13/92
THE POLICE DEPARTMENT.
51. (A)EXPRESS TO MEMBERS OF THE FLORIDA R 92-123 260-269
LEGISLATURE THE COMMISSION'S R 92-124
OPPOSITION TO THE PROPOSED 2% FOOD AND 2/13/92
BEVERAGE TAX AMENDMENT.
(B)URGE STATE OF FLORIDA TO AUTHORIZE
THE CITY TO COLLECT ALL BED TAXES, ALL
FOOD / BEVERAGE TAXES, AND ALL TAXES
IMPINGING ON HOTELS AND RESTAURANTS IN
THE CITY.
52. BRIEF COMMENTS BY COMMISSIONER DE YURRE DISCUSSION 269-270
CONCERNING POSSIBLE ERECTION OF A SIGN 2/13/92
OFF I-95 TO IDENTIFY LITTLE HAVANA FOR
TOURISTS.
53.
APPROVE NAMES SUBMITTED BY THE
R 92-125
UNIVERSITY OF MIAMI AND THE DADE COUNTY
2/13/92
SCHOOL BOARD AS RECIPIENTS OF
SCHOLARSHIPS TO ATTEND THE UNIVERSITY:
(Approved were: Roline Milfort, Carmen
Padilla, Vivian Perez, Julio Gonzalez,
Silvio Horta, Dufirston J. Neres and
Yamile Perez.)
54.
BRIEF DISCUSSION CONCERNING A PROPOSAL
DISCUSSION
FOR ERECTION OF A CUBAN HOLOCAUST
2/13/92
MONUMENT (Referred to Administration.)
55.
RENAME OF GRAND AVENUE PARK AS: ESTHER
R 92-126
MAE ARMBRISTER PARK.
2/13/92
56.
GRANT REQUEST BY COCONUT GROVE BICYCLE
R 92-127
CLUB, INC. FOR CLOSURE OF DESIGNATED
2/13/92
STREETS FOR ITS UPCOMING RACE.
57. INSTRUCT MANAGER TO PLACE UNUSED (1991) M 92-128
LOAN MONIES FROM THE PUERTO RICAN 2/13/92
CULTURAL FOUNDATION, INC. ($4,500) IN
RESERVE TO COVER CITY SERVICES FOR
THEIR 1992 EVENT.
58. ACCEPT DONATION TO THE CITY OF 200 R 92-129
LITTER CONTAINERS FROM KEEP DADE 2/13/92
BEAUTIFUL.
59. DIRECT ADMINISTRATION TO INSTITUTE M 92-130
NECESSARY CONTROLS CONCERNING 2/13/92
GRAFFITI -- DIRECT THAT FURTHER
CONSIDERATION BE SCHEDULED FOR FIRST
MEETING IN MARCH.
60. PERSONAL APPEARANCE: RICHARD WEISS, DISCUSSION
ESQ., COUNSEL FOR SAC CONSTRUCTION 2/13/92
COMPANY, INC. CONCERNING PRIOR AWARD BY
THE CITY OF MIAMI COMMISSION OF THE
ASBESTOS ABATEMENT BID FOR THE ORANGE
BOWL IN LIEU OF RECENT DECISION BY THE
DADE COUNTY BOARD OF RULES AND
APPEALS - ADMINISTRATION TO VERIFY
ALLEGATION AND SCHEDULE THIS ISSUE FOR
DISCUSSION AT THE MEETING OF FEBRUARY,
18, 1992.
270-271
272-275
276-277
277-280
280-281
281-285
286-289
289-292
I 1 4
61. DIRECT CITY ATTORNEY TO INTERVENE ON R 92-131
BEHALF OF THE CITY OF MIAMI IN 2/13/92
LITIGATION INVOLVING THE UNITED STATES
OF AMERICA'S GRANT OF THE NAVAL RESERVE
PROPERTY TO THE MIAMI COALITION FOR THE
HOMELESS -- AUTHORIZE EXPENDITURE NOT
TO EXCEED $10,000.
62. DISCUSSION BY REPRESENTATIVE OF DISCUSSION
MORNINGSIDE CIVIC ASSOCIATION BOARD 2/13/92
CONCERNING THE HOUSING OF HAITIANS
ARRIVING FROM CUBA IN HOTELS ALONG
BISCAYNE BOULEVARD.
63. PERSONAL APPEARANCE: MR. JOHN BRENNAN, DISCUSSION
CHAIRMAN OF WATERFRONT ADVISORY BOARD, 2/13/92
TO DISCUSS POSSIBLE CONVERSION OF THE
VIRRICK GYM (OLD COAST GUARD) PROPERTY
INTO A PARK -- CITY MANAGER TO CONSIDER
CONCERNS EXPRESSED AND TO COME BACK
WITH A RECOMMENDATION.
64. GRANT REQUEST BY MARCH OF DIMES FOR R 92-132
CLOSURE OF DESIGNATED STREETS 2/13/92
CONCERNING THE WALKAMERICA EVENT.
65. BRIEF DISCUSSION CONCERNING TRAFFIC DISCUSSION
PROBLEMS CREATED BY DIVERTED TRAFFIC ON 2/13/92
ACCOUNT OF COCONUT GROVE ARTS FESTIVAL.
66. (A) RATIFY MANAGER'S FINDING OF SOLE R 92-133
SOURCE -- WAIVE REQUIREMENT FOR DISCUSSION
COMPETITIVE BIDDING -- APPROVE PURCHASE 2/13/92
OF 1,025 FLORIDA LAW ENFORCEMENT
HANDBOOKS FORM THE METRO-DADE POLICE
DEPARTMENT.
(B) DISCUSSION CONCERNING PROPOSED
WALKING BEAT AT THE CORNER OF DOUGLAS
ROAD AND GRAND AVENUE.
67. DISCUSS AND DEFER CONSIDERATION OF DISCUSSION
PROPOSED RESOLUTION RATIFYING MANAGER'S 2/13/92
FINDING OF SOLE SOURCE FOR ACQUISITION
OF MAINTENANCE SERVICES FOR IMTEC 35MM
MICROFILM CAMERA.
292-306
307-309
310-317
317-318
319
319-321
321-322
68.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE 323-340
CHAPTER 2, ARTICLE X (CODE ENFORCEMENT
FIRST READING
BOARD) BY CHANGING THE TITLE TO: CODE
2/13/92
ENFORCEMENT -- BY ADDING NEW SECTION
PROVIDING FOR: (a) CREATION OF POSITION
OF HEARING OFFICER; (b) ENFORCEMENT
PROCEDURES FOR CIVIL INFRACTIONS,
PENALTIES, HEARINGS AND APPEAL, AND
RECOVERY OF CIVIL PENALTIES, etc.
69.
AUTHORIZE INCREASE OF CONTRACT WITH
R 92-134 340-341
PINO-FONTICIELLA & ASSOCIATES, INC. BY
2/13/92
$15,000 (TO $141,625.10), FOR CURTIS
PARK REDEVELOPMENT - COURTS PROJECT B-
2983-A (CIP 331353) -- RATIFY MANAGER'S
FINDING OF AN EMERGENCY.
70.
AUTHORIZE CONTRIBUTION OF $100,000 AS
R 92-135 341-345
MATCHING FUNDS TO AN EXISTING STATE
2113/92
GRANT ($229,425) TO THE CITY FOR FIRST
PHASE RESTORATION OF THE HISTORIC OLD
FIRE HOUSE NO. 2 -- ALLOCATE FUNDS FROM
16TH YEAR CDBG PROGRAM CONTI14GENCY
FUNDS -- AUTHORIZE MANAGER TO SUBMIT AN
AMENDMENT TO 16TH YEAR CD FINAL
STATEMENT.
71.
AUTHORIZE MANAGER TO SUBMIT AMENDMENT
R 92-136 346-347
TO 17TH YEAR CDBG FINAL STATEMENT TO
2/13/92
U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) -- ENTER INTO
AGREEMENT WITH MCI TELECOMMUNICATIONS
CORPORATION FOR A GRANT OF $500,000
CONCERNING INSTALLATION OF
COMMUNICATION LINES TO INCLUDE: FIBER
OPTIC CABLE, TELECOMMUNICATION RADIO
EQUIPMENT AND ASSOCIATED WIRING, FOR A
NEW TELECOMMUNICATIONS RELAY SERVICE
CENTER FOR THE HEARING AND SPEECH
IMPAIRED IN DOWNTOWN MIAMI.
72.
RATIFY MANAGER'S FINDING THAT
R 92-137 347-348
REPLACEMENT OF UNDERGROUND CABLE AT THE
2/13/92
ORANGE BOWL STADIUM WAS AN EMERGENCY --
AUTHORIZE ISSUANCE OF EMERGENCY
PURCHASE ORDER TO FRANK J. MORAN, INC.,
FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE.
73. RATIFY MANAGER'S FINDING THAT PURCHASE
OF ADDITIONAL E911 EQUIPMENT AND
INSTALLATION WAS AN EMERGENCY --
AUTHORIZE ISSUANCE OF EMERGENCY
PURCHASE ORDER FOR EQUIPMENT TO AT&T,
FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE.
74. (Continued Discussion) EMERGENCY
ORDINANCE: AMEND CODE ARTICLE II
(BURGLARY AND ROBBERY ALARMS) OF
CHAPTER 3.5 (ALARM SYSTEM) -- SET FORTH
PROVISIONS DEALING WITH FALSE ALARMS,
INCLUDING INSTANCES WHERE A SYSTEM FOR
WHICH NO ALARM HAS BEEN ISSUED /
RENEWED GENERATES A FALSE ALARM, etc.
(See label 8).
R 92-138 349-350
2/13/92
ORDINANCE 350-352
10948
2/13/92
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 13th day of February, 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 9:07 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
ABSENT: Commissioner Victor De Yurre
ALSO PRESENT:
Cesar Odio, City Manager
Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor Miriam Alonso
then led those present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: Agenda items 40 and 53 were
withdrawn by a memorandum from City Manager Cesar
Odio.
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
1. Proclamation to: Five -In -One Day, winners of the McDonald's
Gospelfest 191 Championship Trophy.
2. Proclamation: Thursday, February 13, 1992 was proclaimed as Olga
Miyar Day, who had also been selected as "Dade County Principal of
the Year."
1 February 13 1992
1E
3. Commendations to Officers: Jose Perez and Alejandro Mendez, for
having been selected Most Outstanding Officers for the Month of
December 1991.
4. Con, ndation to: Armando J. Bucelo, on the occasion of his
appointment as Director of the Federal Home Loan Mortgage Corporation
"Freedie Mac."
NOTE FOR THE RECORD: On a motion duly made by
Commissioner Plummer and seconded by Vice Mayor
Alonso, the minutes of Commission meetings of October
3, 1991, October 24, 1991, November 14, 1991, and
December 5, 1991, were approved by the Commission.
------------------------------------------------------------------------------
2. CONSENT AGENDA -- GENERAL COMMENTS CONCERNING VARIOUS CONSENT AGENDA
ITEMS.
------------------------------------------------------------------------------
Mayor Suarez: Ladies and gentlemen, items CA-1 through CA-18 constitute the
Consent Agenda. These items will be voted on together unless anyone has any
specific request for an item to be taken out of turn. And if so, please step
up to the mike and inform us of what item you'd like to be heard separately.
Mr. Gonzalez Goenaga?
Mr. Gonzalez-Goenaga: Yes, good morning. I would like to be heard
separately on CA-2, CA-3, CA-4, CA-12, 13, 14, 15 and that's all. But very,
very in resume, not for each one.
Mayor Suarez: I understand you'll make comments as to all of them - they're
CA-2, 3, 4, 12, 13, 14 and 15. I am inclined, Mr. Gonzalez Goenaga, if your
remarks are going to be as to all of them to just take them all together and
ask the Commission, at this point, if they have any items that they want to
handle separately. Because it sounds like your comments will be similar as to
all those. Is that correct?
Mr. Gonzalez-Goenaga: Well, I don't know what... I don't read your mind.
Mayor Suarez: No, no. Your comments will be similar for all of those that
you asked.
Mr. Gonzalez-Goenaga: Not necessarily. Because...
Mayor Suarez: Oh, I thought you were just...
Mr. Gonzalez-Goenaga: ... are little, little differences.
2 February 13 1992
Mayor Suarez: Alright. We'll take your comments...
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: ... individually but please not repeatedly. Yes, Commissioner
Dawkins.
Commissioner Dawkins: Mr. Mayor. We setup the "C"... Consent Agenda in order
to move the agenda to get out of here. Now, I for one, my vote, do not intend
to hear this gentleman philosophize all day long on these issues. Now, if he
wants to get up as a citizen and state his points collectively and be finished
with it, I have no problem listening. But there's nothing he can say that
will change my vote of what I'm going to vote on here, so I think it's unfair
to the rest of the citizens who are sitting here waiting to hear their items
and go home to let this gentleman come here every Commission meeting and stall
the meeting with things he'd have to say.
Mayor Suarez: Procedurally, we're wrestling with the whole issue of how to
get this Commission to complete its agenda, as we've been doing lately,
despite efforts of one individual. And that's not a disrespectful statement
to you, sir, as I'm sure Commissioner Dawkins is not, but the effect of what
you do, I don't know if that's the intention, but the effect is to impede our
work and we're going to try to do it as well as we can. So having settled of
that, if any Commissioner have any other items that they would like to handle
separately or be clarified? If not, sir, go ahead and make your remarks. I'm
inclined to go ahead and vote on all of them collectively unless you have
something we deem to be of individual importance that any Commissioner thinks
that the item should be taken separately. Your remarks will, in any event, be
accepted as to all of the ones you want to address. Yes, Commissioner
Plummer.
Commissioner Plummer: Yes, are we, the Commission, going to pull any?
Mayor Suarez: Yes, sir if you'd like.
Commissioner Plummer: Oh...
Mayor Suarez: Hoping not but...
Commissioner Plummer: Fourteen.
Mayor Suarez: O.K.
Commissioner Plummer: And let him go ahead and talk and I'll... may be he
will cover what I had it mind. But if he doesn't, then I'll pull some others.
Mayor Suarez: Alright. Go ahead, sir.
Mr. Gonzalez-Goenaga: Well, for the first CA-2, CA-3, CA-4 and generally, as
I have always said before and I'm going to say it in a different way, I want
from these Consent Agendas the temple of accountability, not the temple of
"Cifarra," that I'm sure that even Mr. Plummer knows what it means by today.
With regards to the other ones, in other words, just don't give it with money.
Let's have accountability of every single cent that is given to these
3 February 13 1992
organizations. Because, otherwise this will be like throwing away the
people's money, not your own pocket money. Regarding, we have marvelous,
prestigious, one of the best in the country as far as they think, City
Attorney's Office which, if I'm not mistaken we have twenty-two attorneys or
maybe more, paying them in excess of one or two million dollars. Why with so
many attorneys, in the City Attorney, do we need independent counsel?
Otherwise, let's get rid of all the City Attorneys and leave three or four and
hire independent counsels for all the litigations. And we seem to lose all
the litigations including the trying to collect from Mr. Cernuda, the Cuban,
whatever, what the museum or... so come on, come on, let's me fair, let's be
honest and try when you make a decision to, as if it were out of... would be
coming out of your own pocket. Incidentally, more than, because you are in a
trust and fiduciary duty for the citizens of Miami. That's all.
Mayor Suarez: Yes, sir. Thank you.
Vice Mayor Alonso: Mr. Mayor, if I may...
Mayor Suarez: Vice Mayor...
Vice Mayor Alonso: ... since he mentioned the Cuban Museum, when we finish
with the Consent Agenda, very briefly, I'd like the City Attorney to give us a
report on that check of $40,000 that they received and also the continuation
of a contract, as it was reported in the news. I'd like to have a report on
that.
Mayor Suarez: Yes. I'm happy you brought that up and I hope that when we do
that the Manager and the City Attorney will both be up on their toes on this
issue, because we've got to do some things very quickly to regain that
property back for the citizens of Miami. Commissioner Plummer, do you have
any specific clarifications on item 14? Do you want us to just...
Commissioner Plummer: I've already got it from the Manager.
Mayor Suarez: Alright. As to the Consent Agenda, which is item CA-1...
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: ... through CA-18. Yes, Commissioner Dawkins.
Commissioner Dawkins: With the Commission's approval, I'd like to either move
5 to be heard with 15 or hear 15 with 5 now, whichever is convenient.
Mayor Suarez: O.K. Can we just pull out 5 and 15, both and then we'll handle
them as you would like?
Commissioner Plummer: Are we speaking about Consent or Regular?
Mr. Odio: Item 15 is a regular.
Vice Mayor Alonso: Consent Agenda...
Commissioner Dawkins: Regular Agenda.
4 February 13 1992
t
11
Vice Mayor Alonso:... or Regular Agenda?
Mayor Suarez: Alright, but 1s either one of those, either 5 or 15 on the
Consent Agenda?
Mr. Odio: CA-5 and 15.
Commissioner Dawkins: Five is, Five is.
Mayor Suarez: CA-5. Alright let's pull 5 out for the moment and vote on the
rest of the Consent Agenda. As to items CA-1 through CA-18, with the
exception of CA-5, I will entertain a motion.
Commissioner Dawkins: So moved.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion, if not please call the roll.
NOTE FOR THE RECORD: Commissioner Victor De Yurre
entered the meeting at 9:23 A.M.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY VICE
MAYOR ALONSO, THE CONSENT AGENDA, WITH 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: None.
ABSENT: None.
5 February 13 1992
2.1 AUTHORIZE SUPPORT OF SOCIAL SERVICE PROGRAMS OF THE CHRISTIAN COMMUNITY
SERVICE AGENCY, INC. -- ALLOCATE FUNDS FROM 17TH YEAR CDBG FUNDS --
EXECUTIVE AGREEMENT.
RESOLUTION NO. 92-64
A RESOLUTION AUTHORIZING THE SUPPORT OF THE SOCIAL
SERVICE PROGRAMS OF THE CHRISTIAN COMMUNITY SERVICE
AGENCY, INC., AND ALLOCATING FUNDS THEREFOR, IN THE
AMOUNT OF $5,580, FROM THE 17TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAID
AGENCY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR SAID PROJECT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.2 AUTHORIZE FUNDING OF AN EXPLORER PROGRAM -- ALLOCATE FUNDS FROM THE LAW
ENFORCEMENT TRUST FUND.
RESOLUTION NO. 92-65
A RESOLUTION AUTHORIZING FUNDING OF AN EXPLORER
PROGRAM, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT
NOT TO EXCEED $37,402, FROM THE LAW ENFORCEMENT
TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE
CHIEF OF POLICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.3 AUTHORIZE CONTRIBUTION TO THE LIBERTY CITY OPTIMISTS DRUG AWARENESS
PROGRAM -- ALLOCATE FUNDS FROM THE LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 92-66
A RESOLUTION AUTHORIZING A CONTRIBUTION TO THE
LIBERTY CITY OPTIMISTS DRUG AWARENESS PROGRAM AND
ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF $25,000,
FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS
HAVING BEEN APPROVED BY THE CHIEF OF POLICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6 February 13 1992
2.4 AUTHORIZE SUPPORT OF THE SAMARITAN SALT FACTORY -- ALLOCATE FUNDS FROM
THE LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 92-67
A RESOLUTION AUTHORIZING THE SUPPORT OF THE
SAMARITAN SALT FACTORY, AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $20,000, FROM
THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING
BEEN APPROVED BY THE CHIEF OF POLICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.5 ACCEPT BID: DICTAPHONE CORPORATION, FOR FURNISHING PREVENTIVE
MAINTENANCE TO THE E-911 DICTAPHONE EQUIPMENT AT THE FIRE, RESCUE AND
INSPECTION SERVICES DEPARTMENT.
RESOLUTION NO. 92-68
A RESOLUTION ACCEPTING THE BID OF DICTAPHONE
CORPORATION, FOR THE FURNISHING OF PREVENTIVE
MAINTENANCE TO THE E-911 DICTAPHONE EQUIPMENT
LOCATED AT THE FIRE, RESCUE AND INSPECTION SERVICES
DEPARTMENT FOR A PERIOD OF ONE (1) YEAR WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS AT THE SAME TERMS, PRICE AND CONDITIONS, FOR
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION
AND SOLID WASTE, COMMUNICATIONS DIVISION, AT A TOTAL
PROPOSED FIRST YEAR COST OF $12,762.00; ALLOCATING
FUNDS THEREFOR FROM THE 1991-1992 OPERATING BUDGET,
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE, COMMUNICATIONS DIVISION, ACCOUNT CODE
NO. 420603-670; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE AND THEREAFTER TO
EXTEND SAID CONTRACT FOR TWO (21 ADDITIONAL ONE (1)
YEAR PERIODS AT THE SAME TERMS, PRICE 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.)
2.6 RATIFY MANAGER'S FINDING THAT CLEARING OF LOTS IN PROPOSED WYNWOOD FREE
TRADE ZONE WAS A VALID PUBLIC EMERGENCY -- APPROVE PURCHASE ORDER TO
SHARK WRECKING CO.
RESOLUTION NO. 92-69
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S FINDING THAT THE CLEARING OF LOTS IN
THE PROPOSED WYNWOOD FREE TRADE ZONE WAS A VALID
7 February 13 1992
PUBLIC EMERGENCY; AND RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S ACTION IN AUTHORIZING
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SUCH SERVICE TO SHARK WRECKING CO., IN THE
AMOUNT OF $99800.00 FOR THE DEPARTMENT OF PLANNING,
BUILDING AND ZONING, WITH FUNDS THEREFOR BEING
ALLOCATED FROM COMMUNITY DEVELOPMENT, ACCOUNT CODE
NO. 450712-340-799213.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.7 ACCEPT BID: O.K. FEED STORE, INC., FOR FURNISHING FOOD FOR THE CANINE
DETAIL OF POLICE DEPARTMENT.
RESOLUTION NO. 92-70
A RESOLUTION ACCEPTING THE BID OF O.K. FEED STORE,
INC. FOR FURNISHING FOOD FOR THE CANINE DETAIL OF
THE DEPARTMENT OF POLICE ON A CONTRACT BASIS FOR A
PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
ONE (1) ADDITIONAL ONE (1) YEAR PERIOD AT A TOTAL
PROPOSED FIRST YEAR COST OF $9,994.00; ALLOCATING
FUNDS THEREFOR FROM THE GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 290201-710; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR THESE SUPPLIES AND TO
EXTEND SAID CONTRACT FOR AN ADDITIONAL ONE (1) YEAR
PERIOD AT THE SAME TERMS, PRICE 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.)
2.8 EXECUTE AMENDMENT NO. 3 TO LEASE AGREEMENT WITH THE UNITED STATES OF
AMERICA, ACTING THROUGH THE GENERAL SERVICES ADMINISTRATION, FOR
DEVELOPMENT OF THE MIAMI FEDERAL LAW ENFORCEMENT BUILDING -- IDENTIFYING
FEDERAL FINANCING BANK AS THE FEDERAL GOVERNMENT'S SOURCE OF ADDITIONAL
FUNDS NEEDED TO COMPLETE CONSTRUCTION.
RESOLUTION NO. 92-71
A RESOLUTION, WITH AN ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 3, IN
SUBSTANTIALLY THE FORM ATTACHED, TO A LEASE
AGREEMENT DATED OCTOBER 22, 1987, BETWEEN THE CITY
AND THE UNITED STATES OF AMERICA ACTING BY AND
THROUGH THE GENERAL SERVICES ADMINISTRATION FOR THE
DEVELOPMENT OF THE MIAMI FEDERAL LAW ENFORCEMENT
BUILDING; IDENTIFYING THE FEDERAL FINANCING BANK AS
THE FEDERAL GOVERNMENT'S SOURCE OF THE ADDITIONAL
FUNDS NEEDED TO COMPLETE THE CONSTRUCTION OF SAID
8 February 13 1992
M
BUILDING; AND DIRECTING THE CITY MANAGER TO EXECUTE
THE APPROPRIATE DOCUMENTS CONNECTED THEREWITH.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.9 AUTHORIZE MANAGER TO MARKET AND CONVEY TO QUALIFIED LOW AND MODERATE
INCOME HOMEBUYERS 12 NEW SINGLE FAMILY HOMES IN COCONUT GROVE, MODEL
CITY, AND WYNWOOD COMMUNITY DEVELOPMENT TARGET AREAS, IN CONNECTION WITH
THE SCATTERED SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM.
RESOLUTION NO. 92-72
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO MARKET AND CONVEY TO QUALIFIED LOW AND
MODERATE INCOME HOMEBUYERS TWELVE (12) NEW SINGLE
FAMILY HOMES UNDER CONSTRUCTION ON CITY -OWNED
PARCELS (MORE PARTICULARLY AND LEGALLY DESCRIBED IN
THE ATTACHED EXHIBIT "A") IN THE COCONUT GROVE,
MODEL CITY AND WYNWOOD COMMUNITY DEVELOPMENT TARGET
AREAS IN MIAMI, FLORIDA, IN CONNECTION WITH THE
CITY'S SCATTERED SITE AFFORDABLE HOMEOWNERSHIP
DEVELOPMENT PROGRAM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.10 ACCEPT PROPOSAL FROM U.S. IMPRESSION INC. TO PUBLISH THE SECOND ECONOMIC
RESOURCE PROFILE OF MIAMI (AT NO COST TO THE CITY).
RESOLUTION NO. 92-73
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ACCEPT A PROPOSAL MADE BY THE U.S.
IMPRESSION INC. TO PUBLISH THE SECOND ECONOMIC
RESOURCE PROFILE OF MIAMI, AT NO COST TO THE CITY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.11 AUTHORIZE CITY ATTORNEY TO ENGAGE McCRARY, BLIZZARD AND MOSLEY TO
PREPARE CONDOMINIUM AND CLOSING DOCUMENTS, AND ISSUE TITLE POLICIES FOR
23 UNIT SINGLE FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT FOR MODERATE
INCOME FAMILIES FOR THE ST. HUGH OAKS PROJECT (CIP 321034, THE SCATTERED
SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM).
RESOLUTION NO. 92-74
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE
THE LAW FIRM OF MCCRARY, BLIZZARD AND MOSLEY TO
PREPARE THE CONDOMINIUM DOCUMENTS, CLOSING
9 February 13 1992
DOCUMENTS, AND ISSUE TITLE POLICIES FOR THE TWENTY-
THREE (23) UNIT SINGLE FAMILY RESIDENTIAL
CONDOMINIUM DEVELOPMENT FOR MODERATE INCOME FAMILIES
FOR THE ST. HUGH OAKS PROJECT, FOR ATTORNEY'S FEE
NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS
($25,000.00)9 WITH FUNDS THEREFOR BEING ALLOCATED
FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 321034,
ENTITLED "THE SCATTERED SITE AFFORDABLE HOUSING
DEVELOPMENT PROGRAM".
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.12 CLAIM SETTLEMENT: CAROL JOSEPH ($65,000).
RESOLUTION NO. 92-75
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO CAROL JOSEPH THE SUM OF $65,000.00, WITHOUT
THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI AND JERRY ADE, IN UNITED STATES
DISTRICT COURT CASE NO. 89-1233-CIV-HIGHSMITH, SAID
PAYMENT TO BE MADE UPON THE ACCEPTANCE OF THE OFFER
OF JUDGMENT FILED WITH THE UNITED STATES DISTRICT
COURT AND THE EXECUTION OF A RELEASE RELEASING THE
CITY AND JERRY ADE FROM 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.)
2.13 RATIFY ENGAGEMENT OF WEISS, SEROTA AND HELFMAN, PA, TO SERVE AS COUNSEL
BEFORE STATE OF FLORIDA DEPARTMENT OF REVENUE FOR ADMINISTRATIVE
PROCEEDINGS IN CONNECTION WITH SALES AND,USE TAX AUDIT NO. 9105311575 --
ALLOCATE FUNDS FROM CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST
FUND.
RESOLUTION NO. 92-76
A RESOLUTION RATIFYING AND APPROVING THE ENGAGEMENT
OF THE LAW FIRM OF WEISS, SEROTA & HELFMAN, P.A., TO
SERVE AS COUNSEL BEFORE THE STATE OF FLORIDA
DEPARTMENT OF REVENUE FOR ADMINISTRATIVE PROCEEDINGS
IN CONNECTION WITH SALES AND USE TAX AUDIT NO.
9105311575, WITH THE FEE FOR SAID SERVICES NOT TO
EXCEED $8,500.00; ALLOCATING FUNDS THEREFOR FROM THE
CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST
FUND.
10 February 13 1992
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.14 AMEND RESOLUTION 89-1045 -- CHANGE NAME OF THE LAW FIRM WITH WHICH
BEVERLY B. PARKER, ESQ. IS ASSOCIATED TO ANDREW C. BARNARD, PA (FOR THE
REPRESENTATION OF KENNETH C. McCULLOUGH IN BENJAMIN J. BOYKIN, ET AL. V.
CITY OF MIAMI, ET AL. CASE NO 88-2033-CIV-KEHOE).
RESOLUTION NO. 92-77
A RESOLUTION AMENDING RESOLUTION NO. 89-1045 ADOPTED
NOVEMBER 30, 1989, BY CHANGING THE NAME OF THE LAW
FIRM WITH WHICH BEVERLY B. PARKER, ESQ. IS
ASSOCIATED TO ANDREW C. BARNARD, P.A., FOR THE
REPRESENTATION OF KENNETH C. MC CULLOUGH IN BENJAMIN
J. BOYKIN. ET AL. V. CITY OF MIAMI. ET AL. ASG E NO.
033-CIV-KEHOE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.15 APPROVE USE OF CERTAIN STREETS IN COCONUT GROVE DURING MERCY HOSPITAL
HEALTH RUN 5-MILE RACE.
RESOLUTION NO. 92-78
A RESOLUTION AUTHORIZING THE USE OF CERTAIN STREETS
AND THOROUGHFARES IN COCONUT GROVE DURING THE MERCY
HOSPITAL HEALTH RUN 5-MILE RACE, TO BE CONDUCTED BY
FOOT WORKS RACE MANAGEMENT ON FEBRUARY 29, 1992,
BETWEEN THE HOURS OF 8:00 A.M. AND 10:00 A.M.,
SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; AUTHORIZING THE POLICE
DEPARTMENT TO CONTROL TRAFFIC FLOW ON THE STREETS TO
BE UTILIZED AS PART OF THE RACE COURSE; CONDITIONING
ALL APPROVALS AND AUTHORIZATIONS HEREIN UPON
ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES AND FEES ASSOCIATED WITH SAID EVENT AND
OBTAINING INSURANCE TO PROTECT THE CITY IN THE
AMOUNT AS PRESCRIBED BY THE CITY MANAGER OF HIS
DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
11 February 13 1992
2.16 CODESIGNATE N.W. 2 AVENUE BETWEEN N.W. 36 AND N.W. 54 STREETS AS MILTON
'BUTTERBALL' SMITH BOULEVARD.
RESOLUTION NO. 92-79
A RESOLUTION CODESIGNATING NORTHWEST 2ND AVENUE FROM
NORTHWEST 36TH STREET TO NORTHWEST 54TH STREET,
MIAMI, FLORIDA, AS "MILTON 'BUTTERBALL' SMITH
BOULEVARD"; FURTHER, DIRECTING THE CITY MANAGER TO
INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC
WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
HEREIN DESIGNATED OFFICES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.17 ACCEPT PROPOSAL FROM GABRIEL GARCIA MENOCAL, MAI (OF REPUBLIC APPRAISAL
CO. II, INC.) AND MARK J. QUINLIVAN, MAI -- TO ESTABLISH FAIR MARKET
VALUE AND FAIR RENT OF CITY -OWNED PROPERTY AT 2640 SOUTH BAYSHORE DRIVE.
RESOLUTION NO. 92-80
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF PROPOSAL
FROM GABRIEL GARCIA MENOCAL, MAI OF REPUBLIC
APPRAISAL CO. II, INC., A MINORITY APPRAISER AND
MARK J. QUINLIVAN, MAI, A NON -MINORITY APPRAISER AND
BOTH MEMBERS OF THE APPRAISAL INSTITUTE, FOR FEES OF
$5,500 AND $8,500 RESPECTIVELY, TO ESTABLISH THE
FAIR MARKET VALUE AND FAIR MARKET RENT OF CITY -OWNED
PROPERTY LOCATED AT 2640 SOUTH BAYSHORE DRIVE, MIAMI
FLORIDA; AND ALLOCATING FUNDS THEREFOR FORM THE
DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION,
PROPERTY AND LEASE MANAGEMENT DIVISION APPRAISAL
FUNDS, INDEX CODE 590401, PROJECT NUMBER 113010,
OBJECT CODE 220.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
12 February 13 1992
------------------------------------------------------------------------------
3. (A) ACCEPT BID: EMERGENCY VEHICLE, INC., FOR PURCHASE OF ONE RESCUE
VEHICLE (SPIRIT OF MIAMI) FOR DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES (CIP 313234).
(8) INSTRUCT MANAGER TO BRING BACK THIS AFTERNOON AN EMERGENCY
INSTRUMENT AUTHORIZING EXPENDITURE OF UP TO $60,000 TO EQUIP THE
NEW RESCUE VEHICLE (SPIRIT OF MIAMI), AND TO BRING BACK A PURCHASE
ORDER BY THE FIRST MEETING IN APRIL SHOWING NECESSARY EQUIPMENT HAS
BEEN PURCHASED.
(C) ACCEPT PROPOSED DONATION OF FUNDS PLEDGED AND COLLECTED BY CITY
EMPLOYEES ($17,169) IN ORDER TO PARTIALLY EQUIP THE NEW SPIRIT OF
MIAMI RESCUE UNIT. (Note: This item was later reconsidered and
ultimately deferred -- see label 24.)
------------------------------------------------------------------------------
Mayor Suarez: Yes, O.K. Commissioner Dawkins what's your pleasure on CA-5
and regular item 15, sir?
Commissioner Dawkins: O.K. I would like to hear item 15 with 5 now, please.
Mayor Suarez: O.K. Item 15 has been scheduled for 9. I think we're in good
shape there...
Commissioner Dawkins: O.K.
Mayor Suarez: ... and Manager clarify item 15.
Mr. Odio: I, I'd like the presentation... they're here. Tom, would you come
up please and tell them...
Commissioner Dawkins: Before we hear from...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Come on right to the mike, sir. What are we
purchasing, Mr. Manager?
Mr. Odio: A brand new rescue unit with the most modern...
Commissioner Dawkins: O.K. Somebody come to the mike and let me know what
are we getting for $98,000? Is it a cab and a chassis? Is it a fully
equipped vehicle or what? What are we getting, chief?
Chief Carlos Gimenez: For the $98,000, we're getting a brand new rescue
truck. There's no equipment on the truck.
Commissioner Dawkins: O.K. Alright now, Mr. Manager or through you to the
Chief...
Commissioner Plummer: Wait, wait. Excuse me, $98,000, what are you buying?
13 February 13 1992
i
Chief Gimenez: We're buying our standard rescue vehicle. That was the low
bid.
Commissioner Dawkins: O.K. Alright. I'll wait until J.L. finisher. Go
ahead...
Commissioner Plummer: I'm at a loss to understand...
Mayor Suarez: He's stunned. Anything that has to do with a lot of money,
stuns him. So he's...
Chief Gimenez: We have a standard rescue vehicle and...
Mayor Suarez: Does sound like a lot of money.
Commissioner Plummer: It's a hell of a lot of money.
Chief Gimenez: This vehicle was fabricated, O.K., from the ground up and it's
a diesel vehicle and the first time purchase is expensive. But what we do
with these vehicles later is that we refurbish them and that's what cuts the
cost down later on.
Commissioner Dawkins: O.K.. Now...
Chief Gimenez: But the first time it's very expensive.
Mayor Suarez: Commissioner Dawkins?
Commissioner Dawkins: You finished, J.L.? Finished?
Commissioner Plummer: I'm still at a loss of the $98,000 but...
Commissioner Dawkins: That ain't nothing. You'll be lost all day, don't feel
bad. I mean, we don't have a problem with that. Go ahead.
Commissioner Plummer: That's true.
Commissioner Dawkins: O.K., now, Mr. Manager when I made the motion, I made
the motion to purchase a new state-of-the-art ready to service citizens. Now,
you have bought a vehicle that once it gets here, it's useless until you equip
it. Then, when you equip it, then it's ready to serve the citizens. O.K..
Now, and I do this J.L. and the rest of you, because I get tired of sitting
here asking the Administration to do something and it does not get done. I'm
going to move now that the City Manager prepare with the City Attorney... Wait
a minute. I have to go back a step. Mr. Chief, what would it cost to - and I
don't know what is said in your language, but -to put in this vehicle what is
needed?
Chief Gimenez: That's... O.K.
Commissioner Dawkins: Hold it, hold it.
Well O.K., let him answer.
Mr. Odio: It's a $115,000, I mean...
Mr. Manager, what would it cost?
14 February 13 1992
Commissioner Dawkins: See, you know, you're his boss, don't frighten him.
Mr. Odio: When the equipment arrives, we have to put all equip... It cost
about $115,000... $150,000.
Commissioner Dawkins: Fully completed?
Mr. Odio: Fully completed.
Commissioner Dawkins: So we need another $50,000 on to the ninety-five,
approximately.
Mr. Odio: Approximately, six... yeah.
Commissioner Dawkins: About 50 or 60? What did you say now? Tell me what
you need.
Mr. Odio: Yes, about $60,000 more.
Commissioner Dawkins: Alright, now I'm going to move that we... I pass a
resolution that we instruct the Manager to provide and prepare an emergency
resolution to bring back this afternoon for two readings which will say: "We
authorize the Manager to spend up to fifty, up to $60,000 to equip this piece
of machinery and we expect the Manager,... in the resolution I want it said,
to bring back the purchase order at the April 7th, April 9th meeting where
this stuff has been purchased."
Chief Gimenez: Commissioner... If I may interrupt?
Mayor Suarez: As the Manager might...
Mr. Odio: Go ahead. Go ahead.
Chief Gimenez: O.K.. We have the equipment.
Mayor Suarez: I have to say you two guys really have shown up today with an
interesting attire... you have the classy preppy look and he's got the Miami
Vice look. (LAUGHTER) Works out real well. I think we're paying you guys
too much.
Chief Gimenez: O.K., well... yeah... I don't know.
Vice Mayor Alonso: They check early in the morning.
Chief Gimenez: I must say that we have the equipment available to put it on
this truck.
Commissioner Dawkins: Where did you get it from?
Chief Gimenez: We have, we always have extra equipment in order to...
Commissioner Dawkins: If you had extra equipment, why didn't you refurbish
some of those that you got ragged? You see you're playing games up here,
O.K..
15 February 13 1992
Chief Gimenez: No, sir,... no, sir.
Commissioner Dawkins: No, no, no. I make my resolution and if it doesn't go
to second and it doesn't pass... I'm going to have a problem with it.
Chief Gimenez: O.K..
Commissioner Dawkins: But, I move that the Manager be instructed to provide
an emergency resolution and bring it back here this afternoon where we direct
the Manager to spend up to $60,000 so that when this piece of equipment hits
the City of Miami, it's ready to operate. I so move.
Mayor Suarez: So moved. Do we have a second on that motion?
Vice Mayor Alonso: Yes, I second it.
Mayor Suarez: Seconded. Third it Now if we, precisely... if we, as
Commissioner De Yurre ,just said, if we were to vote favorably on this thing
and it turns out you don't need it... does that mean you don't spend it?
Vice Mayor Alonso: Of course.
Mr. Odio: No, I've been order to spend it. I will spend it.
Mayor Suarez: No, I don't think so...
Vice Mayor Alonso: No way.
Mayor Suarez: ... because I'm not voting for anything in order for you to
spend something that's not needed, I'm sorry.
Vice Mayor Alonso: No way.
Commissioner Dawkins: See that's what I'm talking about, that's what I'm
saying when I said they play games, Mr. Mayor.
Vice Mayor Alonso: No way.
Commissioner Dawkins: That's what I'm saying when they play games. You see,
they understand fully what I'm saying, but in order to show Miller Dawkins
up and make Miller Dawkins look bad, we will spend it whether we need to or
not. You see, that's irritating.
Vice Mayor Alonso: That is irresponsible.
Mr. Odio: Commissioner, we are telling... the Chief is saying we have, when
the truck gets here, we have the equipment to put inside the truck and put it
in operation. I don't know what else to say.
Commissioner Dawkins: And all I'm saying if you don't, see, don't come back
to me with the equipment not filled up. See, you have a station in the north
camp, in the north part of the City called North City Police Station. It has
no equipment in it.
16 February 13 1992
Commissioner Plummer: Never has.
Commissioner Dawkins: We've been waiting for equipment. We have a police
station in the south and, in Little Havana, that's not equipped. And nobody
has equipped it because we sit here and wait on the Administration, see... So
now we could get a piece of equipment, brand new on the outside, with a lot of
second hand, used stuff on the inside, and we don't have, in my opinion, a
first class state-of-the-art vehicle. And all I'm saying is, if you can bring
it back without spending any money as fully equipped and ready to operate, I
don't have a problem with it. But don't come back telling me we didn't do it
because we didn't have the money. That's all I'm saying.
Mayor Suarez: We don't want to be surprised by a later,... having decided to
come to the Commission, where it turns out we need to spend additional money.
We didn't give you all the authority and authorization that you needed,
appropriation that you needed to put a state-of-the-art vehicle out there, as
expensive as it sounds to me. I'm sorry, Madam Vice Mayor.
Vice Mayor Alonso: Yes, two questions.
you will use the money if needed.
Chief Gimenez: That's correct.
First of all, it's understood that
Vice Mayor Alonso: Then, another question, are you telling us that you have
extra equipment, additional equipment, available?
Chief Gimenez: Yeah, we do.
Vice Mayor Alonso: Still we haven't used it when necessary?
Chief Gimenez: No, no, no, let me explain. We must have extra equipment
because equipment breaks down, so we have spare equipment to put in case of
breakage, so we have extra life paks and extra oxygen, et cetera so that we
have what's called spares.
Vice Mayor Alonso: O.K., now if you're using the spare that you have in case
of an emergency, a breakdown, and you are going to use it in this equipment,
it means you will not have any additional equipment, unless as the
Commissioner Miller Dawkins has moved, that you acquire additional equipment.
So actually what you are going to do was use the spare equipment to complete
the job in this truck and you were going to eliminate the additional equipment
that you had for emergencies?
Chief Gimenez: No, no this...
Vice Mayor Alonso: Could you explain it? Elaborate a little bit because it's
rather confusing.
Chief Gimenez: Alright.
Vice Mayor Alonso: If you had it because you had a purpose and then you were
going to take that away and use it in whatever you had decided to use it, it
means we were not going to have any additional equipment to use in case of an
17 February 13 1992
emergency. And then my question is, if something is wrong somewhere, would
you explain to me...
Commissioner Dawkins: I agree.
Vice Mayor Alonso: ... so I could understand what is this situation?
Chief Gimenez: We have equipment which is set aside in order to make up for
breakage of equipment or wear and tear, O.K.? We have that kind of equipment.
We can now fit...
Vice Mayor Alonso: Essential vital things that you need.
Chief Gimenez: Right, yes. When this truck goes into service, alright, it'll
be one of the ten in-service rescue vehicles that are in service right now,
O.K.. And the equipment, you know we have ten right now, we have five spares
and when this truck comes in, we'll have ten in front line and we'll have six
spare trucks. What's happening is we run these trucks so much that they
break down and we need the additional truck in order to make sure that we have
the front line rescue vehicle running all the time. But the equipment that
goes inside, there's ten pieces of equipment that go, you know, because we
have ten rescues so we take that piece of equipment, we stick on the truck and
then we put it in service.
Vice Mayor Alonso: So actually, the move of Commissioner Dawkins, it's a very
necessary move because what it should be done is maintain the ten that you
have in case of an emergency because we don't want to run into the situation
that we don't have a replacement, do we?
Chief Gimenez: But we have ten, right now.
Commissioner Dawkins: Well, let me ask you...
Vice Mayor Alonso: Why did you have ten...
Commissioner Dawkins: That's right.
Vice Mayor Alonso: ... if there was no need to have ten?
Chief Gimenez: No, we have ten rescue units. We have ten ALS(Advanced Life
Support) units...
Vice Mayor Alonso: I understand that.
Chief Gimenez: ... in the street, right now.
Vice Mayor Alonso: I'm talking about the additional equipment that you
referred to.
Chief Gimenez: The additional equipment is, if we have a truck that's coming
in, and
it's got no equipment on it, when we put
it in service, O.K., when we
k.:
put it
in service that means the truck will go
from the front line to the
sa:
spare.
The equipment that was used in the front
line will now go into this
=
truck,
which is state-of-the-art front line
equipment. We also have
18
February 13 1992
additional equipment to make sure that these ten units are up to par all the
time. O.K., now we will have six spare vehicles instead of five, O.K.. They
don't need to be equipped until we put it in service. Then, we take the
equipment that's on the truck and we put it into the vehicle that's going to
go in service, O.K., and we use that equipment. That's why we don't need the
extra equipment.
Commissioner Dawkins: So you got - pardon me, madam, City Attorney, I mean
Commissioner - you got how many units now?
Chief Gimenez: I have first line, front line in-service, ten ALS units.
Commissioner Dawkins: Alright, ten. Professionally, you have decided that
you need X amount of equipment as standby equipment for these ten units. Is
that correct, sir?
Chief Gimenez: I have, I need the trucks...
Commissioner Dawkins: Sir, sir. What's that now?
Chief Gimenez: I need the trucks, the vehicles, the actual thing that moves
the equipment from place to place. That's what I need.
Commissioner Dawkins: O.K.. You have said, and if I'm in error correct me...
Chief Gimenez: O.K..
Commissioner Dawkins: ... my understanding of what you said to me was I have
surplus equipment on standby to replace any equipment that breaks down on a
unit in service. Is that a correct assumption?
Chief Gimenez: That's basically what I said, yes.
Commissioner Dawkins: Is that a correct summary of what you said?
Chief Gimenez: Yes.
Commissioner Dawkins: Alright. So, therefore, if you have ten units you
professionally have determined that you need X number of certain units in
these vehicles to be on standby. Is that a correct statement?
Chief Gimenez: You mean... you're talking about equipment? I need extra
equipment in order to make sure these ten units are always up?
Commissioner Dawkins: Yes.
Chief Gimenez: Yes.
Commissioner Dawkins: And you have stock piled that to use in the case of an
emergency. Is that a correct statement?
Chief Gimenez: That's correct.
19 February 13 1992
Commissioner Dawkins: So now instead of having ten units you got eleven
units. And yet, you're telling me now that you determined for...
professionally, what you needed for ten units and you can use that same amount
of stuff for eleven units... It don't make sense to me, Chief.
Chief Gimenez: No, sir. I'm still going to have ten front line units. I'm
going to end up with... we're talking apples and oranges.
Commissioner Dawkins: You are going to still have ... Ok, I call the question.
Mayor Suarez: Yeah, and actually if you statistically found that you had
enough equipment to serve ten you might easily find that you have enough
equipment to serve eleven because it's not a much higher risk for substitute
equipment and replacement equipment. I have no problem with that as long as
you're assured of that and you can assure this Commission that you're
adequately covered on the equipment to be used to replace.... I personally
think, if anything, you probably have a little too much equipment, but I'm not
going to go into that battle today...
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: ... not when you got your troops out there and...
Commissioner Plummer: ... you only got...
Mayor Suarez: ... the union and the whole bit.
Commissioner Plummer: Get the rest of the story now, O.K.? You know and the
Chief speaks of the ten rescue vehicles. How many squad vehicles are you
running?
Chief Gimenez: We have six. Six transport capable....
Commissioner Plummer: O.K., these are all also rescue vehicles. How many of
your fire trucks are equipped with rescue equipment on it?
Chief Gimenez: All front line.
Commissioner Plummer: That's right. So, you know, let's understand that when
he speaks about the ten vehicles, that's not the entire...
Mayor Suarez: ... that's not the totality and is...
Commissioner Plummer: ... that's exactly correct. When you stop and consider
that they will admit, unfortunately admit, that 40 percent of their calls are
not needed.
Commissioner Dawkins: What does that have to do with purchasing a new state-
of-the-art vehicle? You know, J.L., I love you like a brother...
Commissioner Plummer: I'll tell you what it has...
Commissioner Dawkins: ... you know, but when you get ready to philosophize
and attempt to show the Manager, show him up, you know, prop him up, you do it
beautifully. So, go ahead and continue to prop him up.
20 February 13 1992
Commissioner Plummer: Well, I didn't even speak to the Manager.
Mayor Suarez: This part of the Agenda is dedicated to propping up the
Manager. Go ahead.
Commissioner Plummer: No, not at a11. I just think that we ought to
understand where we're coming from and where we're trying to get to because
you're only speaking to one segment of the overall picture.
Commissioner Dawkins: I call the question.
Mayor Suarez: Alright. Any further comments, Commissioners, if not, let's
please move to vote.
Mr. Gonzalez-Goenaga: One comment.
Mayor Suarez: No, sir. You've already made your comments on the Consent
Agenda.
Mr. Gonzalez-Goenaga: But not on this one.
Mayor Suarez: This item is not for public hearing.
Commissioner Plummer: Well, may I ask where the money is coming from?
Mayor Suarez: Capital Improvement Plan.
Commissioner Dawkins: Yes, sir, from the bond money that we convinced the
citizens of the City of Miami to pass the bond issue to purchase fire
equipment and apparatus.
Commissioner Plummer: My next question...
Chief Gimenez: Part of the money is coming from the Bond, the other part is
coming from the EMS(Emergency Medical Services) Grants.
Mr. Odio: And the other monies are coming from the employees that have
donated the monies toward this equipment.
Mayor Suarez: Yeah, that was CA-5, we were going to accept the $17,000 plus,
which is a great effort from the employees.
Commissioner Plummer: The areas that I want to explore with you is the bond
money. How much money is left in that bond?
Mayor Suarez: May I suggest, as you answer that, that in the future, when we
have a capital project, you always tell us the total amount of the Capital
Bond issue that we're using and how much is left. This is very important
information to the Commission.
Commissioner Plummer: How much is left in that bond issue? because let me
make the point that I want to make.
21 February 13 1992
IN
4� 1-0,
Mayor Suarez: It should be standard information that comes with that package.
Commissioner Plummer: We know that we have turned down twice, and I'm going
to continue to turn down, the request by the Fire Department for another 30
million, by the Fire...Police Department for another 30 million. So Chief,
what I'm telling you and the Administration, this vote is not going under
today's condition to vote for another bond issue to further tax the people.
And you better make damn sure of what remaining monies you have that this is
your highest priority because I don't want you coming back here in another
three or four months and telling me that you've got to have that bond because
of... I'm telling you, I want to know right now how much money is left in
that bond issue... $600,000? And you're using now $150,000?
Chief Gimenez: No.
Commissioner Plummer: How much are you using of the bond money?
Chief Gimenez: I believe, from the bond money on this particular project,
somewhere in the neighborhood of $50,000.
Commissioner Plummer: $50,000.
Chief Gimenez: Right. There's another... somewhere in the neighborhood of
$50,000 comes from EMS Grants.
Commissioner Plummer: O.K.. I'm telling you, you better prioritize what you
asked for because I'm going to fight you tooth and nail on any new bond
issues. This City, this County can't take any more.
Mayor Suarez: We close debate but we're going to waive that for Commissioner
Dawkins, even though we have...
Commissioner Dawkins: I can wait until after the vote to say what I have to
say.
Mayor Suarez: Go ahead. Go ahead.
Commissioner Dawkins: O.K.. You know, as J.L. Plummer says, if you sit here
long enough, what goes around comes around.
Commissioner Plummer: Long time running.
Commissioner Dawkins: Alright. I have said, and I can truthfully have the
Fire... not, the Union, but the representative of the Firemen or Bargaining
Unit, stand up and tell you that ever since I have been here I have advocated
taking the bond money to purchase two new equipment so that the Fire
Department would always have new state-of-the-art equipment. I knew
eventually, the federal dollars would run out, but I did not know that the
citizens would be taxed to the limit. But, as I sat here, they always got
three votes to rehab equipment. Nobody wanted to take the money and buy
apparatus... they always wanted to rehab the apparatus. Now, J.L. Plummer
says, after all of the money is gone, I am not going to stand by and let you
all spend this money unless you have prioritized your purchases. It's a
little late for that. The horse is out of the barn and the gates are wide
22 February 13 1992
? open. There's nothing left to prioritize on. So, I too, want all of you to
know I will vote for no bond issue in the City of Miami... I will encourage
every citizen that I know not to vote for no bond issue and I know that
somewhere along the lines, something is going to have to be cut, but that's
where the rubber meets the road, either going to have to cut services or
raise taxes, and that's what's going to have to happen. Thank you, Mr. Mayor.
Mayor Suarez: Anything further, yes?
Commissioner Plummer: Just for the record, you will recall - to my blue
brother - that in the past when we voted to refurbish rather than to purchase,
it was at the recommendation of the Fire Department who said that in their
shop they made from the chassis up a better vehicle than you could buy.
Mayor Suarez: Alright. Based on that assumption, sir I presume you're
favorable to this item. We have a motion and the second. Do we not, Madam
Clerk?
Ms. Hirai: Yes, sir.
Mayor Suarez: It's on regular item 15, right.
Commissioner Dawkins: Yes, sir.
Ms. Hirai: No, there's a motion made by Commissioner Dawkins. Is that
withdrawn? That is the item...
Mayor Suarez: Right.
Ms. Hirai: ... we're calling the roll on, right?
Mayor Suarez: And then we go back to CA-5, also to make sure we cover that.
Ms. Hirai: Yes, sir.
Mayor Suarez: Alright on item 15 we have a motion and a second. Any further
discussion, if not please call the roll.
23 February 13 1992
i
The following resolution and motion were introduced by Commissioner
Dawkins, who moved their adoption:
RESOLUTION NO. 92-81
A RESOLUTION ACCEPTING THE BID OF EMERGENCY VEHICLE,
INC., FOR THE PURCHASE OF ONE RESCUE VEHICLE (SPIRIT
OF MIAMI) FOR THE DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES, AT A TOTAL PROPOSED COST OF
$98,093.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 313234, ACCOUNT CODE NO.
289401-840 ($49,440) AND PROJECT NO. 104007, ACCOUNT
CODE NO. 280511-840 ($48,653); AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS VEHICLE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
MOTION NO. 92-81.1
A MOTION DIRECTING THE CITY MANAGER TO DRAFT, ON AN
EMERGENCY BASIS, A RESOLUTION DIRECTING THE MANAGER TO
IDENTIFY $60,000 IN ORDER THAT THE FIRE DEPARTMENT MAY
COMPLETELY OUTFIT, UPON ARRIVAL, THE NEW FIRE RESCUE
UNIT (SPIRIT OF MIAMI); FURTHER STIPULATING THE
MANAGER SHALL SPEND SAID MONIES ONLY IF HE MAKES A
PROFESSIONAL FINDING THAT IT IS IN FACT NECESSARY TO
SPEND THE FUNDS FOR SAID PURPOSE.
Upon being seconded by Commissioner De Yurre, the resolution and motion
were 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.
Mayor Suarez: Yes and then I...
Commissioner Dawkins: On CA-5, Mr. Manager...
Mayor Suarez: And do we move it, second it?
Vice Mayor Alonso: Second it.
` 24 February 13 1992
Mayor Suarez: And does anyone want to put on the record any specific names of
people who worked awfully hard on this raising the funds, that are part of CA-
5? Shorty, do you want to say anything about this effort of raising all the
money for the unit. Does anyone else... Have we already done all that,
Chief?
Mr. Odio: Well, Tom Mc Lean is representing the Labor Management Committee of
the Fire Department, so...
Mr. Tom Mc Lean: I'd like to just briefly stated that the... we're really
excited about all the participation by the City employees. Now, we didn't get
100 percent participation, as you know, but we did get a very enthusiastic
support.
Mayor Suarez: Are you a Fire Department employee?
- Mr. Mc Lean: I'm a Fire Department employee.
Mayor Suarez: What is your task?
Mr. Mc Lean: I am an Administrative Assistant III, Planner Administrator, in
the Fire Department.
Mayor Suarez: An Administrative Assistant III.
Mr. Mc Lean: Right. I prepare the Legislation for the Department, manage the
Capital Projects.
Mayor Suarez: You're dressed to look like a US Senator and you're...
Mr. Mc Lean: Well.
Commissioner Dawkins: Tell him thank you.
Mr. Mc Lean: Thank you.
Mayor Suarez: Alright.
Mr. Mc Lean: On behalf of the labor...
Mayor Suarez: But I thought you were the vendor or something like that.
Alright...
Mr. Mc Lean: Now, I've been with the City 26 years as a Planner
Administrator.
Mayor Suarez: Planner Administrator. And so the total amount raised was
$17,000 plus?
Mr. Mc Lean: Yes. It's a little higher, now. We had a few pledges come in
since the item was prepared for the agenda. But we feel this is our
contribution to the residents of Miami and that we can't buy a truck
ourselves... we're glad to participate in this truck and help furnish the
equipment for it.
25 February 13 1992
11
J
Mayor Suarez: Very good. Thank you, sir. Call the roll on CA-5, then.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-82
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
THE PROPOSED DONATION OF FUNDS IN THE APPROXIMATE
AMOUNT OF $17,169 PLEDGED AND COLLECTED BY THE
EMPLOYEES OF THE CITY OF MIAMI FOR THE PURPOSE OF
MEDICALLY EQUIPPING THE NEW "SPIRIT OF MIAMI" RESCUE
TRUCK, AS A GIFT TO THE RESIDENTS OF MIAMI FOR THEIR
BENEFIT AND IN THEIR SERVICE.
(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 Be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Yes, Mr. Planner, sir, as you do your planning, please take
note of my latest memorandum to the Fire Department where I suggested, for
myself, I think the entire issue of equipment is being handled improperly. I
think we need smaller vehicles, more mobile vehicles I hope somewhere along
the line, to use Commissioner Dawkin's expression, some Chief and some
Planners in the Department will see fit to look at the possibility that we
need much smaller vehicles that are constantly on vigil, constantly patrolling
the City and that take more advantage of the ability that the human resources
provide in that Department. The fact that these people when they get to the
scene of an emergency, not a fire... we have very few fires... but emergencies
are able to administer medical help to people better than doctors. I've seen
it and they do it better than medical doctors... and they need to get there as
quickly as possible. It strikes me that to have them go out off on a fire
truck or even a rescue unit is not the ideal vehicle. And not to mention, as
Commissioner Plummer stated, that they're incredibly expensive. They have, of
course, all the equipment. You'd like to have a moving hospital, if you could.
I suppose, but that is not cost effective. That is not... I know, that in
future generations of the Fire Department the whole thing is going to change
including the name. It's not even going to be called the Fire Department.
It's going to be the Emergency Medical Services and Rescue Emergency Services
Department, something to that effect, because that's really what you are
doing. You do it extremely well. So maybe, somebody will listen at some
point.
26 February 13 1992
— —------------- ---------- ------------------------------------ —--------- — — -----
4. GRANT REQUEST BY CORPUS CHRISTI CATHOLIC CHURCH FOR CLOSURE OF
DESIGNATED STREETS CONCERNING ITS EVENT.
------------------------------------------------------------------------------
Mayor Suarez: Item 2.
Vice Mayor Alonso: Yes, Mr. Mayor. May I take just a quick pocket item?
This is in reference to the Corpus Christi Catholic Church and they need
closure for two days, February 26 and 27 - it's a Wednesday and Thursday, 8
p.m. They need closure of Second Avenue NW between 31st and 32nd Streets,
between 7 and 11:30.
Commissioner Plummer: Corpus Christi?
Vice Mayor Alonso: Yes,...
Commissioner Plummer: On Second Avenue?
Vice Mayor Alonso: ... the Catholic Church. They are going to have some
events there.
Commissioner Plummer: But that's not the Church. The Church is on Seventh
Avenue.
Vice Mayor Alonso: They are going to have some sort of celebrations.
Mayor Suarez: Yes, it's a...
Vice Mayor Alonso: Yes. Could you come...
Commissioner Plummer: On Second Avenue?
Vice Mayor Alonso: Come to the microphone, please.
Mr. Odio: They have a place on Second Avenue...
Vice Mayor Alonso: Yes, yes.
Mr. Odio: ... where they come to missions.
Unidentified Speaker: The mission from the Corpus Cristi.
Vice Mayor Alonso: The mission, yeah.
Commissioner Plummer: Fine. I just thought...
Vice Mayor Alonso: That's the location that you want the street closure.
Mayor Suarez: Alright, so move.
e
"'` 27 February 13 1992
Vice Mayor Alonso: So I move.
Mayor Suarez: And we have no problems with that from the Police standpoint,
et cetera.? Moved.
Commissioner Plummer: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 92-83
A RESOLUTION RELATED TO A RELIGIOUS CELEBRATION TO BE
CONDUCTED BY CORPUS CHRISTI CATHOLIC CHURCH ON
FEBRUARY 26 AND 27, 1992; 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 CONDITIONING ALL APPROVALS AND AUTHORIZATIONS
HEREIN UPON THE ORGANIZERS PAYING FOR ALL NECESSARY
COSTS OF CITY SERVICES AND FEES ASSOCIATED WITH SAID
EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner 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 February 13 1992
AOL
------------------------------------------------------------------------------
5. DISCUSSION CONCERNING ONGOING DISPUTE BETWEEN THE MIAMI HEAT AND LMM
(LEISURE MANAGEMENT OF MIAMI). (The item was tabled).
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, as I had previously...
Mayor Suarez: Tell Father Menendez to have his session a little earlier, so
my wife won't get home at 12:00 o'clock like she did last night and keep up
his good work in that area. Yes, Commissioner.
Commissioner Plummer: Commissioner De Yurre is here, and I had asked this
morning that Commissioner De Yurre bring up the Commission to date, asking for
it this morning, because I understand that there has been an emergency meeting
called for today at noon of the Sports Authority in reference to the Heat
Contract. And I for one... I can't speak for others who would like to be
informed of what is happening, especially the panic of calling an emergency
meeting and it is my understanding that there's a potential settlement, and I
would like to know what that settlement is... And basically, I have some
questions, but I would ask my colleague to let me know what's going on because
at this particular time, rumors are flying, and I'd like to hear direct from
the Chairman as to what has actually happened and the reason for an emergency
meeting today at 12:00 or 12:30.
Commissioner De Yurre: You're all invited to be at noon at the Miami Arena,
where I will disclose a number of things that I am privy to, but I don't want
to discuss it at this point in time. I can discuss it after the fact and I
can explain it fully. But I rather work close...
Commissioner Plummer: Well, that's what I'm trying to stop, Victor, because
some of the things that I hear bother me tremendously, and I don't want to be,
as a Commissioner, involved after the fact. If I am going to be on the line,
I want to know in advance because some of the things that I'm hearing right
now disturb me to no end. For example, let me give you one on the record.
That we have spent, we, the Sports Authority, and I don't know where that
money is coming from... have spent more in legal fees to bring about this
settlement than the settlement itself was even in contention. That there has
been spent in excess of $100,000 in legal fees for a settlement of $60,000.
Now, that's just one item. It is also my understanding is the Sports
Authority is just going to absorb that amount of money and in return not
receive a single concession from the Heat. Negotiations is a give and take
procedure. My understanding, and that's why I don't want after the fact, I
want, to know up front and in advance because if those are the cases, yes, I
might be at that meeting to raise holy hell. Now, all I'm asking for is some
kind of a report that what is going on. And I think I have that right as a
Commissioner to know what's going on.
Commissioner De Yurre: And let me just state, to ease your mind, that those
assumptions you have stated are erroneous.
Commissioner Plummer: Well, then I'm asking you to correct them. How much of
legal fees are being paid to this lawsuit?
29 February 13 1992
Commissioner De Yurre: J.L., J.L., whatever happens, you know, you'll be made
well aware of it...
Commissioner Plummer: ... in advance?
Commissioner De Yurre: ... in advance.
Commissioner Plummer: Prior to any document being signed?
Commissioner De Yurre: No question about that.
Mayor Suarez: Alright, Commissioner Dawkins.
Commissioner Dawkins: You know, I too, have a concern, but my concern goes a
little deeper than J.L.'s concern.
Commissioner Plummer: Hey, I only brushed the surface.
Commissioner Dawkins: See, my main concern is when that Authority was
established, the State of Florida had us elect a board. And the Mayor has you
usurped the Board's authority in negotiating and now Commissioner De Yurre is
usurping the Board's authority in negotiations. Now, instead of the Board
saying they have reached an agreement and give it to the Chairperson, the
Chairperson has negotiated an agreement and wants to give it to the Board.
Now, if the two people whom I have on that Board, and I want the Miami Herald
and anybody else to hear this, sits up and rubber stamps anything that the
Chairperson, Mr. De Yurre, has agreed to, and I think it's wrong and
detrimental to the City of Miami, I will remove them as my appointees to that
Board. I want that understood.
I Commissioner Plummer: Well, let me apologize to my colleague. I'm not trying
j to left field him in any way. Unfortunately, I found out about this
emergency meeting from one of my board members last night. What time did I
�•i call you? About 10:30? Quarter of eleven? - That is the first time that I was
j informed as a Commissioner in this City that there was anything coming about.
I still feel that prior...
Commissioner De Yurre: Your board members don't inform you on time. He knew
it four days ago.
Commissioner Plummer: Well, O.K. Maybe they couldn't reach me. O.K., I'm
saying when I found out about it. I'm hopeful that it is fully understood
that this meeting today that there will be no decisions without this
Commission being full apprized and having the fully opportunity to discuss
them. That's all I'm saying.
Commissioner Dawkins: Commissioner De Yurre just passed the Chairmanship to
me. He said I could be the Chairman of the Sports Authority.
Mayor Suarez: Let me say this for the record.
Commissioner Plummer: I'll give you two more if you want them.
30 February 13 1992
Mayor Suarez: I... Commissioners, please. I did not usurp anyone's
authority. I made a presentation and an offer to intervene and try to
negotiate to the Sports & Exhibition Authority appointed by this Commission
and obtain a resolution suggesting and approving my mediator role. Let me say
further, that if I had not obtained that, I would still find it within my
powers to try to negotiate any and all matters that affect the citizens of
Miami. In my role as Chairman of this Commission and Mayor of the City of
Miami, I have always abided by all of the charter provisions, the ordinances
of the City, the special legislation creating any agency of the City, so there
is no doubt as to that. Nevertheless, if I had found an opportunity, as I do
on a daily basis, to help negotiate something and get the City to move forward
in something, always submitting it for Commission approval, where it's
appropriate. And most of the time it's appropriate. I do that and I try to
keep everyone informed. I have submitted to the Board of the Miami Sports &
Exhibition Authority any conclusions, any submissions, any proposals for
settlement. Let me clarify for Commissioner Plummer, he has it all backwards
on the issue of attorneys' fee. Commissioner, the whole point of the effort
to settle this matter, is that they were spending all kinds of money
litigating. Money that I think should be spent in other ways, including
improving the functioning of the Arena, the Authority, Overtown Park West, any
and all worthy projects of the City of Miami. They were spending that money
litigating. They were doing it, I think, in good faith but ineffectually.
And they had spent most of the money you referred to before I even touched the
matter because since I touched the matter it was my strong suggestion that
everybody withhold any litigation and avoid any expenses whatsoever. It is
precisely to avoid further legal expenses, not to mention the embarrassment of
a possible defeat in the court process before the special Master that I
intervened. However, even if your figures were correct and even if they had
spent that money unwisely after the efforts to settle began, which they did
not. He better had not have, Mr. Korge & Company. Even if he had, the
comparison is invalid. The point of the settlement that has been proposed
which is based on a settlement of many many years ago, at least that's what my
involvement was proposed by the City Manager, is to...implies or entails a
yearly allocation of funds much in excess, if you take the full ten years of
the lease and if you take even the 6 1/2 remaining years of the lease -of any
legal fees incurred. I think if the matter had been handled properly, we
might have avoided having any legal fees spent whatsoever. I'm not sure that
the City ever needed to be involved in a lawsuit which is essentially between
LMI and the Miami Heat. Hopefully, the media will begin reflecting that. I
think they have begun, finally, realizing this is not a dispute between the
Miami Heat and the City. It's a dispute between the Miami Heat and the
company... Actually, it's LMM, Leisure Management of Miami, that administers
the Arena. Mr. Manager and hopefully the media will begin reflecting that.
But, I certainly want to clarify that. Commissioner De Yurre, if in fact,
something is... a proposal for settlement is laid on the table, and if in fact
this Commission must take action on any part of it, I certainly presume that
you will inform us and seek the approval of this Commission if indeed it is
obtained.
Commissioner De Yurre: Well...
Commissioner Plummer: Is it not a tri-party lawsuit?
Mayor Suarez: Yes, the City is a part of it.
31 February 13 1992
3
Commissioner Plummer: Who are the three parties involved?
Mayor Suarez: LMM, The Miami Heat and The Sports & Exhibition Authority.
Commissioner Plummer: O.K.. The legal fees... where are they coming from?
i Mayor Suarez: Want to answer, Mr. Chairman?
Commissioner Plummer: It's not in the budget. I mean you have X number of
dollars in budget for legal fees, which I think this far exceeds. I'm asking
where are those dollars coming from?
_ Commissioner De Yurre: Each party has to bear the cost of their own
attorneys' fees.
Commissioner Plummer: Where is the Sports Authority getting that money from?
Commissioner De Yurre: Let me get you Bill Perry, he should be in my office.
He can answer all questions you want. Bill Perry.
Mayor Suarez: Well folks, with all the respect, I think that the question
should be answered as to how legal fees are being paid but not at this
particular time unless you're prepared to do so as Chairman of the Authority.
When Mr. Perry is around, we can ask him. We have to move on this agenda.
Commissioner Plummer: That will be fine.
Mayor Suarez: The question should be answered.
Commissioner Plummer: That will be fine.
Mayor Suarez: Yes, Vice Mayor Alonso.
Vice Mayor Alonso: Yes, but I think a problem of this importance... I think
it should be discussed since they are going to be having an emergency
meeting...
Commissioner Plummer: That's the only reason.
Vice Mayor Alonso: ... and I think we do need answers.
Mayor Suarez: Absolutely.
Vice Mayor Alonso: If he's here, he should be here promptly...
Mayor Suarez: Absolutely.
Vice Mayor Alonso: ...and maybe take one item and go back to this...
Mayor Suarez: We will certainly go back as soon as he's present.
Commissioner Plummer: That's fine.
32 February 13 1992
Vice Mayor Alonso: ... and get the answers this morning.
Commissioner Plummer: That's fine.
------------------------------------------------------------------------------
6. (A) EMERGENCY ORDINANCE: AMEND ORDINANCE 10021, WHICH ESTABLISHED
INITIAL RESOURCES AND APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST
FUND -- PROVIDE FOR INCREASE ($505,658), AS A RESULT OF ADDITIONAL
MONIES DEPOSITED DUE TO SUCCESSFUL FORFEITURE ACTIONS.
(B) DIRECT ADMINISTRATION TO NOTIFY THE COMMISSION EVERY TIME AN ITEM
IS PURCHASED WITH MONIES FROM SAID FUND.
(C) DIRECT MANAGER TO RESEARCH METHODOLOGY EMPLOYED BY THE CITY OF
CORAL GABLES ADMINISTRATION CONCERNING THEIR USE OF MONIES FROM
SUCCESSFUL FORFEITURE ACTIONS.
------------------------------------------------------------------------------
Mayor Suarez: If there's nothing further on that item. Item 2 -Emergency
Ordinance, establish initial resources and initial appropriations of Law
Enforcement Trust Fund.
Vice Mayor Alonso: I so move.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not please call the roll.
AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD BY TITLE ONLY.
Commissioner Plummer: As an amendment to the motion, I would add what would
we had... in the past, that any and every item that is purchased from this
fund, this Commission must be made aware and especially anything over $4,500
must get Commission approval.
Mayor Suarez: Absolutely, and we have once again started to try to implement
a system where we would have input right up front... I don't know how that's
going...
Commissioner Plummer: Mr. Mayor, I want to once again...
Commissioner Dawkins: It is going unless we don't pass it.
Vice Mayor Alonso: Excuse me, Commissioner this is done right now. Anything
over forty-five we do have to approve.
Chief Raul Martinez: Yes, ma'am. That is correct.
Commissioner Plummer: But under forty-five, they were not informing us...
Vice Mayor Alonso: Yes.
33 February 13 1992
�N
Commissioner Plummer: ... they were buying on bid...
Vice Mayor Alonso: Yes.
Commissioner Plummer: ... and they could buy twelve different items for under
$4500? - but 1t was one, O.K.
Mayor Suarez: O.K. Are we now in a system that you're able to analyze?
Commissioner Plummer: Every item purchased from this fund we must be
notified.
Mayor Suarez: I know but I mean, we want to initiate... we want to make, you
know, a systematic analysis and bring it to this Commission and also...
Commissioner Plummer: Rest assured, I will.
Vice Mayor Alonso: Yes.
Commissioner Dawkins: O.K.. Is that in the motion?
Vice Mayor Alonso: Yes, yes.
Commissioner Plummer: I did.
Vice Mayor Alonso: He just did.
Commissioner Dawkins: O.K., alright, the Seconder accepts... those two
amendments.
Commissioner Plummer: Mr. Mayor, before you called the roll I'want to tell
you once again...
-y'
Mayor Suarez: Yes.
-`.
Commissioner Plummer: ... I spoke, yesterday again with Manager Eads of the
City of Coral Gables. He tells me that, that fund can be used for anything
that the governing body want to use it for. He is doing it. I said, are you
laying yourself open for retribution from the Federal Government? He said no.
For example, they used that fund, as I recall, to buy a fire truck. And yet,
we're being told there is such a wide discrepancy between what the City of
Coral Gables is using that money for and what we're being told that is can be
-
used for, that somewhere in between the two, there's got to be the truth.
Mr. Odio: I hope you're not putting him in a bad position here.
Commissioner Plummer: Well, I...
Mr. Odio: He's wrong.
Commissioner Plummer: All I'm saying to you is that he has an understanding
and I wish our Manager would get that understanding from him, that anything
that the governing body, and I think we're still the governing body, chooses
to use those monies for.
34 February 13 1992
51
Commissioner Dawkins: O.K.
Mayor Suarez: O.K.
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: We've had... .
Commissioner Plummer: Hey, I think it's worth pursing.
Mayor Suarez: We've had many memos on that and legal opinions. If anyone
wants to express an opinion, at this point, from the Commission then the City
Attorney may be able to put something on the record to protect Coral Gables.
Commissioner Dawkins: O.K., Mr. City Attorney. I would ask that you get with
the City Attorney of Coral Gables find out how they're doing it and send us a
memorandum saying what they're doing and how they're doing it.
Commissioner Plummer: Please.
Vice Mayor Alonso: Great.
Mayor Suarez: Alright. And there are quite a few in the file. Have we voted
on this item, ma'am?
Commissioner Plummer: No.
Mayor Suarez: Let's call the roll because I want to say something before you
leave.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021,
ADOPTED ON JULY 18, 1985, AS AMENDED, WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND
RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO.
9257, ADOPTED APRIL 9, 1981, TO PROVIDE FOR AN
INCREASE IN THE AMOUNT OF $505,658 AS A RESULT OF
ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO
SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Alonso and seconded by Commissioner
Dawkins, 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:
35 February 13 1992
f.
i
1
-� AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Vice Mayor Alonso and seconded by
Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10946.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: I want to say it very gently and suggest to you, since you seem
to have something to do with expenditure side of the Law Enforcement Trust
Fund, that you check with the side of your department that is in charge of
trying to build up the Law Enforcement Trust Fund and find out what exactly is
going on in regards to additional forfeitures, the level of effort, the energy
that we're spending, and the result, which I am told in the last six months
have been dismal, if not almost zero. And why that is, Chief, and maybe the
whole thing should be put under you and maybe the Manager and the Chief will
talk about that or something and we come up with a little bit better system
because, apparently, I hear things about people not being too aggressive
anymore on forfeitures and I don't know. It seems to coincide with this
Commission's interest in the results of the forfeitures, and that troubles me.
Commissioner Dawkins.
Chief Raul Martinez: No, Mr. Mayor. That is not correct. I mean, we are
aggressively seeking, because it's convenient to seek them, to get those
funds.
Mayor Suarez: Well, that's part of the taw enforcement effort...
Chief Martinez: Right.
Mayor Suarez: ... and in addition to that, has a nice beneficial side effect
of giving us all this money, but I hear otherwise. Commissioner Dawkins.
36 February 13, 1992
1
rl-
Commissioner Dawkins: Mr. Mayor, I'd like for all the Commissioners to hear
this because I need a ruling. Mr. Manager and Mr. City Attorney. I've been
accused of attempting to run the Police Department through the Chief, I mean
through the Manager through the Chief. By us dictat... by me dictating that
this money can be used by us, am I attempting to run the Police Department? I
need to know that.
Mr. Odio: No.
Commissioner Dawkins: OK. Thank you. I just want to put it in the record.
Mr. Odio: No, for the record,...
Commissioner Dawkins: OK. Thank you.
Mr. Odio: ...as far as I'm concerned, you people set policy and you decide
what monies are to be used for and if you tell me what the monies should be
used for in Law Enforcement Trust Fund, we will listen. Now,...
Commissioner Dawkins: But in the... on the other line...
Mr. Odio: ... within the law.
Commissioner Dawkins: ... in the event that... I am responsible for your
evaluation.
Mr. Odio: Correct.
Commissioner Dawkins: If I see something I do not like in the Police
Department...
Mr. Odio: You can tell me.
Commissioner Dawkins: ... and I tell it to you, is that within the Charter?
Mr. Odio: You can tell me anything you want, Commissioner, within the
Charter.
Commissioner Dawkins: Thank you, that's all I need to know. Thank you.
Mayor Suarez: All right.
Mr. Odio: But...
Commissioner Plummer: That's not a correct statement.
Mr. Odio: Wait, wait, wait.
Commissioner Plummer: It's almost correct.
Mr. Odio: It's correct that he can voice his opinions, it's correct that you
can voice your opinions, it's correct that you can tell me what you feel like
that should be happening. I don't believe that's interference.
37 February 13, 1992
rl
Commissioner Dawkins: I can't force him to do what I ask.
Mr. Odio: Ahl That's the difference.
Commissioner Plummer: But three members of this Commission setting policy...
Mr. Odio: That's correct.
Commissioner Plummer: ... can damn well tell him what to do.
Mr. Odio: Sure. Of course. And that's what I...
Vice Mayor Alonso: Indeed.
Mayor Suarez: Yes, sir.
Commissioner Plummer: It doesn't always do it, but we can tell him.
Mr. Odio: Well most of the...
Mayor Suarez: One thing we all agree on here.
Mr. Odio: Let's say most of the time.
Vice Mayor Alonso: Well.
Mayor Suarez: Item 3.
Mr. Odio: Mr. Mayor.
Mayor Suarez: Yes, sir. Mr. Manager.
Mr. Odio: I think it's important that once and for all we put to rest on
the... how the use of the law enforcement trust funds can be used. And I
think it's a good idea that we do have lawyers meetings because I have met
with the County Police and they have emphatically told me how I can use the
money and not use it. We need to put this to rest.
Mayor Suarez: The County?
Vice Mayor Alonso: Oh, the County, they...
Commissioner Plummer: Of course you know what they're going to tell you, the
County Police Department.
Vice Mayor Alonso: ... let's not, please...
Mayor Suarez: Please. With all due respect, don't take your cues from...
Commissioner Plummer: You know damn well what they're going to tell you.
Mayor Suarez: ... don't take your cues from the County, please.
38 February 13, 1992
Vice Mayor Alonso: No, not from the County.
Mayor Suarez: That's a huge bureaucracy...
Vice Mayor Alonso: Yes.
Mayor Suarez: ... that's used to doing things in a particular way and not to
prone to change and reform, modernize, try new ideas, be creative, etcetera,
reduce taxes.
Vice Mayor Alonso: Great.
Mayor Suarez: Reduce salaries.
----------------------------------------------------------------------
7. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: DADE
COUNTY EMS GRANT AWARD (FY 192) --- APPROPRIATE FUNDS CONSISTING OF
$118,955 GRANT APPORTIONED BY METROPOLITAN DADE COUNTY GRANT FROM 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 AWARD, etc.
------------------------------------------------------------------------------
Mayor Suarez: Item 3. Second reading ordinance.
Vice Mayor Alonso: Move.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Call the roll.
39 February 13, 1992
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "DADE COUNTY EMS GRANT AWARD (FY '92),
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.
Passed on its first reading by title at the meeting of January 9, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10947.
The City
announced that
Jili
to the public.
Attorney read the ordinance into the public record and
copies were available to the members of the City Commission and
40 February 13, 1992
------------------------------------------------------------------------------
8. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED FIRST READING
ORDINANCE AMENDING ARTICLE II, CHAPTER 3.5 (BURGLARY AND ROBBERY ALARMS)
OF THE CODE. (This item was later passed as an Emergency Ordinance --
See label 75).
------------------------------------------------------------------------------
Mayor Suarez: Item 4.
Vice Mayor Alonso: Yes. I have lots of questions.
Mayor Suarez: Is the one that would basically deprive people of their
property...
Vice Mayor Alonso: All of their rights.
Mayor Suarez: ... if, by any chance, they have an alarm that goes off. Does
it put them in jail, too, or not quite that far?
Vice Mayor Alonso: I have some questions.
Mayor Suarez: All right. Vice Mayor Alonso.
Vice Mayor Alonso: Clarification on this ordinance. Number one. It says
that the alarm users or the owner of the property will have a penalty of a
hundred and fifty dollars for each alarm signal which results in a response by
the Police to said location. Now, I have problems. How is the owner of the
property and the alarm user aware that they have to pull a permit from the
City of Miami? Shouldn't it lie, the responsibility, in the company that
installed the equipment, first of all? And if we are going to make the owner
of the property or the alarm user responsible, which method are we going to
use to notify the public that this is so? Because most people don't have any
idea. I believe, very strongly, that the person who is making an investment
in an alarm system, it's due to the problems that we're having with
controlling crime, so actually the are helping us. And on top of that, we are
penalizing them with all these kinds of regulations. I do understand that
sometimes we have calls that are unnecessary and it's a waste of energy and
personnel from the Police Department, but also we have to look at, are they
really responsible? I have problems with that. I'd like you to address that.
Also, the original permit is a problem that I have as well. When they go
and... say they pull a permit to do the job... then at that particular time
they should be given the forms so that they obtain the permit that the City
requires. And it should lie, the responsibility, with the contractor to pull
the permit at the same time. Also,...
Mayor Suarez: Not the consumer.
Vice Mayor Alonso: Not the consumer. Also, number three. It says "A
provision is established whereby service charges for false alarms, late fees
and penalties will become a debt due to the City and shall constitute a lien
against the real property." I believe this is unfair. We are doing it with
solid waste, we are doing it now with alarms. To me we are crossing a line
that is excessive amount of government and we are not seeing it.
41 February 13, 1992
Mayor Suarez: Isn't it...
Vice Mayor Alonso: How is this...
Mayor Suarez: Isn't it also ineffective anyhow because, assuming ninety
percent, which I think is a valid assumption, of all the shops that have the
alarms or the property is not owned by the person installing the alarm...
Vice Mayor Alonso: Exactly.
Mayor Suarez: ... aren't you wasting time when you even say that we're going
to impose a lien?
Vice Mayor Alonso: No, you're not wasting time. You are penalizing the
owner.
Mayor Suarez: You are clouding the title of the owner, but I don't think you
can...
Vice Mayor Alonso: Exactly. You're placing a lien on that owner when he
doesn't perhaps, he or she know that this person has even installed an alarm.
Mayor Suarez: But I don't it's effective. I think all they have to do is go
into court and remove that lien.
Vice Mayor Alonso: Well, exactly, but...
Mayor Suarez: But it's not a...
Vice Mayor Alonso: ... they will have to spend money to go to court and
fight.
Mayor Suarez: Absolutely. It's a clumsy mechanism. I have problems with it.
Vice Mayor Alonso: I couldn't vote for something like this.
Commissioner Plummer: Well, Mr. Mayor. May I make a few points?
Mayor Suarez: Yeah. Except the Commissioner, I think, the Vice Mayor was...
Vice Mayor Alonso: Yeah.
Commissioner Plummer: Well, I wanted to address some of the questions...
Mayor Suarez: OK.
Commissioner Plummer: ... that she's asking because...
Vice Mayor Alonso: Yeah, but I'd like the Administration to respond to me.
Now do they come with an ordinance that put liens on properties. I don't know
if they realize, because we have several items and every Commission meeting we
have seen items that we are putting excessive burden on the citizens and
property owners and we don't see... this is an excessive amount of government.
42 February 13, 1992
or
We have to really see the line and we are crossing it and overburdening the
citizens. We believe that this is the solution to the problems. It is not.
It is not.
Mayor Suarez: Well, particularly the lien portion troubles me.
Commissioner Plummer: Well...
Mayor Suarez: Maybe we ought to...
Vice Mayor Alonso: Very much so.
Mayor Suarez: ... hear from...
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Commissioner. Yes.
Commissioner Plummer: It's not crossing the line no more than what we're
doing in code enforcement.
Vice Mayor Alonso: Ohl You're certainly crossing that line as well.
Commissioner Plummer: Well, excuse me.
Mayor Suarez: I think code enforcement...
Commissioner Plummer: What I'm saying to you is...
Mayor Suarez: J. L., code enforcement, the property owner has an obligation
to maintain property even if he has leased it out.
Commissioner Plummer: That is correct in the same way that there is an
obligation here.
Mayor Suarez: I don't think so.
Commissioner Plummer: Let's look at what our problem is, Mr. Mayor.
Vice Mayor Alonso: No, I don't agree.
Commissioner Plummer: OK? Our problem, based on the report which we have,
the City of Miami Police Department responded to 38,607 calls that were false
alarm and were not needed. Only, only about two and a half percent of the
calls responded to are in fact good calls. Now,...
Vice Mayor Alonso: Commissioner Plummer.
Commissioner Plummer: May I finish?
Vice Mayor Alonso: Since you interrupted when I was...
Commissioner Plummer: I'm sorry. I'll wait.
43 February 13, 1992
Vice Mayor Alonso: ... doing my question, I feel I have the...
Commissioner Plummer: Sure.
Vice Mayor Alonso: ... right just to make...
Commissioner Plummer: I'll wait.
Vice Mayor Alonso: ... a comment. I don't believe in these numbers and I
would like to sit down with each and every case and prove to me that it was a
false alarm. I'd like to see that because maybe the method that they use to
report is what is wrong. I think the numbers are too high and it surprised me
because the City of Miami was not responding to all of the alarms, so I don't
know. The number, it seems to me, very, very high. Maybe if they don't
apprehend anyone, they call it a false alarm. Maybe the people were gone. In
Mrs. Morales' office, the Police Department did not respond to the call and
they took $50,000 worth of equipment. The same thing happened to CAMACOL.
Chief Martinez: Vice Mayor Alonso, those numbers are not ,just in Miami, but
nationwide, unfortunately. But we'll sit with you to show you the numbers.
Mayor Suarez: And you might...
Vice Mayor Alonso: That's fine, but I'm concerned about the City of Miami and
that's my problem and the problem with excessive government is Miami and
that's my concern. I'm not going to... I know we have a lot of problems in
the nation, but let them handle themselves. We have enough with Miami.
That's all I can do at this point.
Mayor Suarez: As you establish what is a false alarm or an alarm that was not
effective, it was not proper, whatever, you'll find, I think, that of that
ninety some percent that you're saying are totally false or ineffective or
whatever, there's many that you won't be able to pin down as such. You just
simply didn't find somebody sort of red handed right there on the scene,
breaking into the place, but there could be a variety of things that tripped
the alarm, all of which we would like to know about. I think in almost all
cases. There may be a few that are pranks or misfunctions, whatever. But I
think most of them are giving us some information that we may need and that
may be the correct statistic you have to focus on. Which of these are things
that were just totally useless information forwarded to our Department and
then how do we handle that information. That's the more enlightened way of
looking at it. It's not just saying there was really no one there being
beaten to death and robbed or any burglary taking place which may be a huge
percentage. People are expected to tell us that something is strange
happening their particular shop and we want to know that information. And I
think we're focusing on this a little bit wrong. But we do have a problem, of
people who are overusing the system, and people who don't have permits and I
don't know what the proper sanction is. I am concerned about the liens. I'm
concerned about the amounts and I think we ought to get this resolved today
one way or the other.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Commissioner.
44 February 13, 1992
Commissioner Plummer: Mr. Mayor, the problem existing is abuse of the system.
That's the problem. The problem is today that we have many people who, when
they attain the ultimate of twelve responses within a twelve-month period, be
placed on a no response, they do not pay their fines, they do not get
corrected and according to what I had believed and this Commission believed,
that we should respond. But the owner of the alarm has an obligation that is
not being met. The problem is 38,000 hours of police being tied up
unnecessarily. There is nothing today that says that an abuser of the system
has to do anything or even placing a lien on his property. We have cases,
many cases, where an alarm goes off twelve times in a day and we have to
respond according to the departmental rules every hour that a complaint is
received, they make another FA (False Alarm) report. A false alarm report.
Now, what is in this ordinance, is the fact that this Commission directed the
Police Department to respond to every call of service. There is absolutely no
one there that are playing by the rules of taking out a permit for twenty-five
dollars. More in...
Vice Mayor Alonso: (INAUDIBLE)
Commissioner Plummer: May I finish? I did not interrupt you now, OK? All
I'm saying to you is that they have an obligation to take out a permit like I
did and other people who have alarm systems. They are not today paying any
fine if they have a false alarm, but I who play by the rules, who took out a
permit, who paid my twenty-five dollars, if I have a false alarm, I'm going to
get charged a fine. There is a total inequity that exists today. There needs
to be a penalty as there is for everybody who doesn't comply by the rules that
is a deterrent for them not to continue but to come in and play by the rules.
And that's all I'm saying. There reaches a point where you have thirty and
forty calls of service to a given location in a matter of days. It becomes
ludicrous. All I'm saying is that if we are not going to force people to take
out permits, and let me tell you one of the other main purposes of taking out
a permit. And that is, that they make us list three or four people to notify
in case of an emergency. The people with no permits, there is nobody to
notify because we don't know where to find them. They don't have resets on
their things after nine or ten or eleven minutes and we have neighbors who are
calling in...
Mayor Suarez: Oh, oh, oh, oh. Shouldn't we have some sort of a provision
here that prohibits that, those alarms that go on for ten and twelve hours?
Commissioner Plummer: There is none. There are cases where people go out of
town on a Friday afternoon, come back Sunday night and their neighbors haven't
had one bit of sleep because their damn alarm's been going.
Mayor Suarez: They really should have a limitation, otherwise they...
Vice Mayor Alonso: We have noise ordinance...
Commissioner Plummer: A re... that's part of what's...
Mayor Suarez: Ordinance. Yeah. That would violate the noise ordinance.
Commissioner Plummer: That's all part of it.
45 February 13, 1992
Mayor Suarez: But how do you get into the house? The problem is... I
remember one very close to your house that went on and on and on and on and
on.
Commissioner Plummer: There's one in Bay Heights that will go on for days.
Mayor Suarez: That's the one.
Commissioner Plummer: OK.
Mayor Suarez: That's on 17th Avenue, I think.
Commissioner Plummer: Now. In the permitting...
Mayor Suarez: I remember that.
Commissioner Plummer: ... procedure...
Mayor Suarez: We didn't know what to do about breaking into the house or
whatever. Everybody was in a quandary about what do to.
Commissioner Plummer: In the permitting procedure, Mr. Mayor, they require
you to list three or four individuals who have either you alarm system's
number, your key to your house, or somebody to notify in an emergency. The
people who are not taking out permits, we don't know who to notify. Here we
got a house that's broken into, that the Police Department cannot secure,
cannot secure and they've got to walk away from the scenario. It's
ridiculous.
Vice Mayor Alonso: Mr. Mayor.
Mayor Suarez: All right. We have an idea of the problems, Commissioners, if
we could wind the Commission discussion so we can hear the merchants and
citizens. Yes, Vice Mayor.
Commissioner Plummer: Sure,
Vice Mayor Alonso: Yes. I think that we have to put stipulations that when
the contractor goes and pulls a permit, at that time, they have to obtain the
permit and pay the fee, the permit for the alarm. It should be done at the
same time. That way, we know that the user is aware of the existence of this
that permit. Why? Because the contractor will have to go to the user and to
the owner of the property and notify these people and obtain their signature
so they know of the existence and I'm sure they will pass the cost to them.
Mayor Suarez: That might be the way, to solve the problem with the liens.
Vice Mayor Alonso: Exactly.
Mayor Suarez: You get that owner of that property...
Vice Mayor Alonso: To be informed.
46 February 13, 1992
dv.
Mayor Suarez: ... signing for that whole process and you would be able to
impose a lien with no problem.
Vice Mayor Alonso: You need to notify the person.
Commissioner Plummer: All we're trying to do is to bring about a stop to
38,000 wasted hours in the Police Department.
Mayor Suarez: I know, but you don't want to do it in a way that you compound
the problem and you deprive people of the right to have this information
forwarded to the Police Department...
Vice Mayor Alonso: Exactly.
Mayor Suarez: ... and create an incredible administrative bureaucracy...
Vice Mayor Alonso: Exactly.
Mayor Suarez: ... and cost and everything else.
Vice Mayor Alonso: Exactly.
Mr. Greg Gracer: May I address the body? Good morning, my name is Greg
Gracer...
Mayor Suarez: It looks like you're going to do it anyhow, but...
Mr. Gracer: Do you like my suit, Mr. Mayor?
Mayor Suarez: You never waited for the answer. But I think so. I think it
Is appropriate. No Commissioner is asking. So give the name and if you
represent a group, by all means, try to act collectively because we've got a
lot of other items to go through.
Mr. Gracer. Thank you. I will. My name is Greg Gracer and I'm with the
Alarm Association of Florida and I represent a group that's with me here as a
committee.
Mayor Suarez: You're not being paid for your attendance today?
Mr. Gracer: No.
Mayor Suarez: This is just your business.
Mr. Gracer: No, it's a not for profit organization.
Mayor Suarez: OK. Because otherwise you have to fill out a form.
Mr. Gracer: I understand. No, we are a group of...
Mayor Suarez: You become a lobbyist at that point.
Mr. Gracer: We are not that. It's a not for profit group and we're
representing a body of committees, that meet with... alarm ordinance committees
47 February 13, 1992
within the Alarm Association of Florida. We're working with different police
departments across the State and in communication with other alarm contractors
and other associations across the country and I just want to share some
information with you regarding the City of Miami's ordinance as it's written
and as it presently operates. It's actually a model ordinance and it's
acknowledged across the country as one of the very best, one of the very
finest ordinances that's written. Most of what you're discussing up here this
morning is actually in the ordinance and I think where the issue really lies
is not so much in creating or developing the ordinance as much as it is
enforcement. And as the Vice Mayor mentioned, one of the concerns is bringing
property liens into consideration as an alternative method to enforce would
become very cumbersome and very ineffective according to the information that
we've had from other alarm ordinances that have attempted to use that.
Administratively, it just becomes extremely expensive and homeowners, what we
have found is that the fine structure escalates and gets into the higher fee
structure, the alarm owners or operators are more reluctant to comply with
property liens. They just kind of let them sit and stagnate and it becomes a
court issue. The most powerful thing that this ordinance contains right now,
and I think the City of Miami Police Department will agree, is the no response
clause or the opportunity for the police to determine at their discretion
within the confines of the ordinance whether or not it's appropriate to
continue provide police response. Mr. Plummer, the one issue that you brought
to mind, and we wholeheartedly agree with you is that the intent of this
ordinance was to provide an effective way to quit wasting valuable police
resources and the police are on the front lines. They recognize where the
problems occur. They see the alarm users that are violating or abusing the
ordinance and they're in best position to determine whether or not these
people should continue to enjoy the privilege of having a special service for
their alarm system. It's understood that the police are here to provide a
public service but attorneys across the country have determined and agree that
police departments are not required to provide alarm response and this has
been proven time and time again within the examination of various alarm
ordinances.
Commissioner Plummer: He's talking out of his hat.
Mr. Gracer: What we're recommending, what I'd like to suggest as a committee,
because we are representatives of the industry and we're also very close to
the problem and the source, if I may.
Mayor Suarez: You know, you... This happens a lot in this Commission and
interested parties sometimes kind of confuse things.
Commissioner Plummer: Uh huh.
Mayor Suarez: The fact that they're not required to respond, we assume that
in our proceedings here, we assumed that legally we are permitted not to
respond...
Mr. Gracer: Right.
Mayor Suarez: ... not to require our Police Department to respond. The fact
that that's not a very wise way to deal with it, is what the Vice Mayor has
been pointing out for two or three Commission meetings.
48 February 13, 1992
1W
Mr. Gracer: I think what we're...
Mayor Suarez: We appreciate your...
Mr. Gracer: I'm sorry.
Mayor Suarez: ... explaining to us the law. I don't think we were heading in
that direction. In think we're heading...
Mr. Gracer: Let me get around that. Yeah.
Mayor Suarez: ... in the direction of trying to have, to assure the citizen
that if an alarm goes off, some information will be forwarded to our Police
Department and some action or some change in the way we view security in that
area will take place. What that is, is what we're struggling with.
Mr. Gracer: What I... If I may suggest, I think we're looking at the same
issue, maybe from a different perspective, but we feel like the wasted police
resources that are going out on these abusive false alarm runs are
jeopardizing or inhibiting the services to the rest of the community, the rest
of the citizens of Miami. And that's why we feel the most effective tool...
Mayor Suarez: They're not going out there at this point, or if they were, or
if they are, it's only from the last Commission meeting to this one because
they said clearly they were not going to...
Mr. Gracer: OK. We understand that the...
Commissioner Plummer: But the point, Mr. Mayor, the point this gentleman's
missing is the ordinance as he says that we put into effect that's a pilot.
All right? What it was is that after twelve responses within a twelve-month
period, they were placed on a no response. And the people just didn't give a
damn. Because there was not teeth in the other ordinance to make them want to
comply.
Mr. Gracer: Actually, the no response is what...
Commissioner Plummer: OK?
Mr. Gracer: ... brought an end to the abuse.
Commissioner Plummer: But this Commission has told our Police Department we
want them to respond. But if they're going to respond to false alarms to put
in a penalty that's going to act as a deterrent. There's two problems here.
One, for those who do not take out permits. And the second one is the
excessive amount of false alarms. Now you talk about permitting. I don't
know what they're doing today. When I put in my new alarm last year, I got a
bill for forty-five dollars from the City of Miami for a permit fee.
Mr. Gracer: That still holds.
Commissioner Plummer: Guess what? Nobody ever came to my house.
49 February 13, 1992
Mr. Gracer: For the inspection?
Commissioner Plummer: Nobody ever came to my house.
Mr. Gracer: That's code enforcement. Where the problem is, is in
enforcement, not what's written.
Commissioner Plummer: No.
Mr. Gracer: The way the...
Commissioner Plummer: I paid a fee for an electrical inspection.
Mr. Gracer: Right.
Commissioner Plummer: But no one ever came to my house to look at the system
to see whether it was worth a damn.
Mr. Gracer: That's code enforcement. Mr. Plummer, what I'm saying to you is
that I think the way the ordinance is written, our opinion is that it's very
effective as written, it's the enforcement that's missing. What you're
talking about, the no teeth, using property liens as an alternative method to
get people to bring their alarms into proper operation...
Commissioner Plummer: Then what is the solution, sir, to bring about 38,000
man hours that are wasted?
Mr. Gracer: If I may suggest, we are working in committee with other police
departments and finding a lot of success. I would like to invite ourselves to
work the City of Miami Police Department and offer some alternative
suggestions, table this issue and then bring it back as soon as we have some
results.
Commissioner Plummer: Well, I'll you what, sir. If this motion is tabled
today and if that's the will of this Commission, I am violently going to
fight, if I have a false alarm and I'm going to be charged for it and the
people who have no permits are not being charged for it, I'm not going to sit
here and stand still for that kind of an inequity. All right?
Mr. Gracer: We feel the same way, Mr. Plummer. And I would like to again, if
I may, I would like to volunteer our services because we're concerned with
bringing this around so it works, too.
Mayor Suarez: All right.
Mr. Gracer: We've had success in doing it.
Mayor Suarez: OK. Thank you for your input.
Vice Mayor Alonso: Now, I believe...
Mayor Suarez: ... we have most of the arguments...
Vice Mayor Alonso: Yes.
50
February 13, 1992
Mayor Suarez: ... on the table here.
Vice Mayor Alonso: Mr. Mayor. I think we have to address several things.
Commissioner Plummer is right when he refers to people that are not holding a
permit at the present time. Now, how do we know that that property owner, as
well as the user, are really the ones to be blamed? They call a company, they
install an alarm system, they understood that that contractor was responsible
to pull all permits and they didn't inform the user and the owner about the
need to pull also a permit of the City of Miami.
Mayor Suarez: Couldn't we just pass an ordinance...
Commissioner Plummer: But you see. Wait a minute. Wait a minute.
Vice Mayor Alonso: We have to develop a system by which we inform the public,
perhaps we have to advertise, make public announcements, whatever it takes so
that the general public is informed. And maybe the Miami Herald can help us
on this...
Commissioner Plummer: To a grave.
Vice Mayor Alonso: ... to notify the public, maybe they should do some
good,...
Commissioner Plummer: For a change.
Vice Mayor Alonso: ... they should say well you have to have a permit. If
you don't, you are in violation of the rules and regulations of the City of
Miami. And give them, like say, thirty days to pull a permit. It seems to me
that this is reasonable.
Commissioner Plummer: And, excuse me...
Vice Mayor Alonso: Thirty days or fifteen days or whatever amount of time we
consider is acceptable.
Commissioner Plummer: And if they don't, what are you...
Vice Mayor Alonso: Then...
Commissioner Plummer: ... that's where the crux is.
Vice Mayor Alonso: Then we penalize them. I have no problems with that,
Commissioner. That first of all, when we have an individual who has a
defective alarm and has been having all of these calls, the Police Department
refers to one, Commissioner Plummer, as well, that is an individual case that
I think it becomes a code enforcement problem as well as against the noise
ordinance in existence in the City of Miami. And I have no problem with going
after that individual, against the company that installed the equipment, as
well as saying if you don't resolve your problem in forty-eight hours, you
remove that alarm. It's as simple as that. I have no problem with that.
Because I don't think that we should cope with individual problems that affect
a community. But where I have problems, is setting rules and regulations
51 February 13, 1992
_! f
that, at the end, we are not going to enforce, first of a11, because we don't
have the manpower to do so. Second, it's going to put an excessive amount of
government on people that are not responsible. When you install the alarm,
you make the user and the owner responsible with the permit and get them to
sign. Then you know that they were notified and you will not issue the permit
until these people have signed for that permit. That seems to me a logical
way to assure us that they are notified. But saying that you're going to
place a lien on a homeowner that has no idea what's happening. No, I don't
agree with this.
Commissioner Plummer: Then do I understand what you feel is fair, is that if
a person is notified that his alarm is defective by the Police Department and
he does not correct it within forty-eight hours, that we will then enforce him
to take that alarm out. Is that the point?
Vice Mayor Alonso: If it has been an excessive amount of calls...
Commissioner Plummer: OK.
Vice Mayor Alonso: ... or they have ignored...
Commissioner Plummer: OK. So wait a minute. Let me understand.
Vice Mayor Alonso: Yes.
Commissioner Plummer: The present ordinance says twelve calls in twelve
months. OK? That's excessive. Now what you're saying is when that twelfth
call is received as a false alarm, that he is notified that he has forty-eight
hours to take that alarm out.
Vice Mayor Alonso: I have no problem with that.
Commissioner Plummer: I don't either, but I'll tell you. You're going to get
more problems with that because then there's going to people who we're not
going to respond to. Now, let me tell you one of the other problems,
Commissioner. When you talk about permits, there are literally thousands of
$69 burglar alarms from Radio Shack out there in the field. No permits. They
have the wa-wa that's outside of the window, they have a beam that anybody - a
dog, a cat, or anything else - crosses and that comes to the Police Department
the same way that a $5,000 system comes to the Police Department. Now, I
think, your danger, your inherent danger here is Radio Shack's not selling
permits, and they're not going to take out no permit, in any way, shape or
form, and yet you're going to have the Police Department responding to those
alarms when no permit was required for installation, no permit is going to be
taken out for the normal procedure. Yet, we're going to have to respond.
Mayor Suarez: J. L., if I may...
Commissioner Plummer: And I'm just...
Vice Mayor Alonso: We have to develop a system...
'i
Mayor Suarez: If I may. Yeah, and please. You've indicated, I don't think
you mean it, that if we table this, you are going to do all kinds of dire
52 February 13, 1992
things. I would hope that, of course from your standpoint it would be ideal
if we would at least pass something that would impose a sanction on those that
don't have a permit...
Commissioner Plummer: That's what I'm attempting to do, Mr. Mayor.
Mayor Suarez: ... but if we don't have a consensus on that, because there's
so many concerns about the entire ordinance, at least the two of you would
form a committee, spend a little time and make recommendations to the
Commission as a whole that would take care of your concerns which are very
valid, but also take care of the Vice Mayor's concerns because those are very
valid, too, and we don't want to impose a burden on the citizens, particularly
in this area of law enforcement when they already feel that they're not being
adequately served. And it's not the Department's fault.
Commissioner Plummer: Mr. Mayor, I find nothing wrong of those cases that do
not have permits who require a call for service being given the maximum fine
until they comply with the rules as I do as a legitimate homeowner. Impose...
Mayor Suarez: Yeah, but you have an...
Commissioner Plummer: ... a hundred dollar fine per...
Mayor Suarez: ... you have an ordinance that talks about the lien and all
kinds of things that we don't think are particu...
Commissioner Plummer: Until such time as we work something out, I think it is
fair that all false alarms of non -permitted individuals should be a hundred
dollars per response until twelve... we notify them at the twelfth alarm
within twelve months that we will not respond any further and they must remove
their system. I got no problem with that.
Mayor Suarez: OK. Chief you want to make some comments and then we'll
quickly move on this.
Chief Martinez: Yes, Commission...
Mayor Suarez: You might want to address, as you do that, the issue of the
silent alarm versus the one that is audible and makes all the noise and drives
everybody bananas. What are the proper remedies for the misfunctioning silent
alarms, the ones that we get the notice from the alarm system company,
whatever and the audible ones, we'd like to be able to have the ability to
just go and disconnect that and maybe disconnect it with no right to re-
connect it for at least a period of time. Something very, very drastic. The
silent one, maybe there's a way to keep that particular alarm company from
doing business in the City. Listen, if we could put teeth in this thing I
think that Vice Mayor and Commissioner Plummer agree that we ought to put some
teeth into this system, but if we do it in an enlightened way, if we do it
basically so it falls not on the shopowner or the homeowner but on the alarm
companies, if we bring them into the process at the beginning with the
property owner, then the liens can even be imposed, I think, and people are
going to really, really abide by this...
53 February 13, 1992
Commissioner Plummer: Can I offer a suggestion, Mr. Mayor? I don't know if
it's legal. I would have to ask. At the time that a person receives an
occupational license - this is the way the County does it - if you apply for
an occupational license, if you have a permit, an alarm permit, you have to
show proof that you have a permit for that alarm. And you have to also give
them the addresses and phone numbers of people who could in fact be notified.
So maybe the answer, the solution is in the occupational license which is
required by law that at that time that they issue that occupational license,
they would have to indicate and take out the other permit.
Mayor Suarez: Absolutely. There's many, many ways of doing it correctly.
And procedurally, we haven't let you speak, but procedurally keep in mind,
Commissioner Plummer, Vice Mayor Alonso, that if we are able to find a way the
two of you can make the recommendations, the rest of us are not as involved in
this discussion, we're interested in your recommendations and hopefully we can
achieve as consensus of the two of you. Yes, Chief.
Chief Martinez: The Police Department doesn't have a problem responding to
initial alarm people to make sure that they knew that there was a need for an
alarm permit, to make sure that nobody told them, so on and so forth. So
we're willing, in fact we're doing that right now. Where we do we have a
problem, and we spoke to Mr. Plummer about this, that the fact that the way
that the change is worded right now means we will continue to respond forever.
And I think it will be a disservice for everybody.
Vice Mayor Alonso: I agree. I agree with that.
Chief Martinez: There has to be a stopping point where we're going to tell
that person twelve times in twelve months is too much. We're not going to go
anymore. Because I think after twelve times, that person knows what the
ordinance means. And they know they've been bothering... they've chosen not
to correct the problem. So that is where our main contend is right now, that
there has to be a point where we say we don't go anymore.
Commissioner Plummer: As you know, before, my area of concern was liability
on the City. OK. We were notified and we didn't respond and then it could
create a liability. If, in fact, what Commissioner Alonso says and I think is
!` a great idea if it'll work, is that when you get that twelfth alarm, you
notify them in writing that henceforth forward they will not be serviced when
called until, one, they have corrected their system and, two, they have paid
any fines that have been imposed until that date. I can live with that. Yes,
sir.
Mayor Suarez: All right.
Vice Mayor Alonso: One final question.
Mayor Suarez: Commissioner Dawkins has his hand up, he yields...
Vice Mayor Alonso: Oh, I'm sorry.
Commissioner Dawkins: I yield to her.
Mayor Suarez: He yields to the Vice Mayor.
54 February 13, 1992
n
Vice Mayor Alonso: Thank you, Commissioner. Do you think that it might be a
_ solution to the problem if, for example, you receive a call from an
individual. You go respond to the alarm and you find that there is no permit.
i' At that time, you notify the people, we send a letter telling them they have
— to pull a permit,...
Mayor Suarez: Within a certain period of time.
Vice Mayor Alonso: Exactly. Well what seems to be reasonable several working
days within a week. Something reasonable. If that person does not pull a
permit then we know they don't care. Then I have no problems. But, that
person has been informed, they know about the requirements of the City of
Miami and after that I have no problems. My concern comes from the point that
you are overburdening individuals that are in violation of the law but they
don't really know because it's something that we have changed as time has
passed and it's new. Therefore they are not informed.
Chief Martinez: Commissioner, what we're doing right now under that policy
change by Chief Ross, we're responding four times to those people. They get
letters saying we responded one time, we responded two times, you should get a
permit. After the fourth time responding to that one, we do not respond
anymore.
Vice Mayor Alonso: That's fine.
Mayor Suarez: The ones without a permit?
Vice Mayor Alonso: That seems reasonable.
Chief Martinez: But that's what we're doing right now.
Mayor Suarez: Four times is quite generous.
Vice Mayor Alonso: Yes.
Commissioner Plummer: I think it's ridiculous.
Mayor Suarez: Yeah, that may be a bit...
Commissioner Plummer: I would do it after the first time. If they don't have
a permit, put them on notice after the first go round.
Mayor Suarez: Yeah, see that's the key. Before apparently we were just
simply saying that we're not going to respond. Now we're saying we're going
to put them on notice, in writing, to the address in question, and that should
be enough.
Commissioner Plummer: And then after the twelfth alarm within twelve months
that they are put on notice that you will not respond until, one, they have
corrected their system by a certified company and, two, they have paid any
fines that have been leveraged up until that point.
55 February 13, 1992
Mayor Suarez: You got it. See that kind of ordinance would make a lot of
sense.
Commissioner Plummer: That's fine.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I have a statement after the move and second. I don't
want to prolong...
Mayor Suarez: All right. Can we move and second in principle what he just
stated and have the ordinance drafted accordingly?
Vice Mayor Alonso: Yes, and then we can work...
Mayor Suarez: Eliminate any problematic aspects of it.
Vice Mayor Alonso: Yes.
Mayor Suarez: And have it for us the second meeting February.
Vice Mayor Alonso: Yes.
Mayor Suarez: OK. So moved and seconded.
Commissioner Plummer: Wait a minute. Wait a minute. No, no. This
afternoon. Bring it back this afternoon.
Vice Mayor Alonso: Yeah, it can come back to us.
Commissioner Dawkins: That's what the man said. That's what he said.
Mayor Suarez: All right.
Commissioner Plummer: No, he said the second meeting in February.
Mayor Suarez: Yeah, I thought maybe they would need a little more time to
draft but if we can have it this afternoon, we'll try to...
Commissioner Plummer: No, no, no, there's no free lunches anymore.
Commissioner Dawkins: Well, I need...
Mayor Suarez: Now, you know, Madam City Attorney... Yes.
Commissioner Dawkins: I need a clarification. I heard them say that the
gentleman who was the expert said that it's the City of Miami's code
enforcement problem to ensure that the system is operating properly. I have a
problem with that. You know, if he, if that company is the professional who
installed it, I mean, they have some responsibility.
Mayor Suarez: The burden is on them.
56
February 13, 1992
Commissioner Dawkins: The burden is on them when it's not operating properly.
It's not up to the code enforcement or the City of Miami to ensure that his
equipment is operating properly. I got a problem with that.
Vice Mayor Alonso: Oh, no.
Mayor Suarez: Yeah, no we just need that on the record. I think we all agree
on that. I think what you meant is that code enforcement can help ascertain
that and of course...
Vice Mayor Alonso: Yeah, that's what he meant.
Mayor Suarez: ... if fines need to be imposed. All right, folks...
Mr. Jones: Mr. Mayor.
Mayor Suarez: ... I think we've got a motion and a second. Yes.
Mr. Jones: Is it the instruction to delete the lien portion that was
proposed?
Mayor Suarez: I think at this point it's not going to necessarily pass here
with the lien portion in there, J. L., unless we have a better mechanism to...
Commissioner Plummer: Well, wait a minute. Wait a minute. What are you
going to do about the person who has run up twelve violations, the fines have
been imposed and just absolutely refuses to pay?
Mayor Suarez: That person as you said is notified that we don't respond to
their...
Commissioner Plummer: In other words, you're not going to try to collect the
fines that are imposed?
Mayor Suarez: I think we should try to collect and I think we have ways of
trying to collect.
Commissioner Plummer: How, other than a lien,,would you collect?
Mayor Suarez: Well, we file suit, we put them on notice that they have to pay
otherwise we will file suit, and ultimately if we think we can put a lien, we
do. He's got a whole department of people who do that.
Vice Mayor Alonso: Yes, but if we are going to put a lien...
Mayor Suarez: But I'm not sure we can and I don't know that we ought to put
it in the ordinance.
Vice Mayor Alonso: ... we have to be sure that the property owner...
Mayor Suarez: That's the thing.
Vice Mayor Alonso: ... is notified that an alarm is in existence...
57
February 13, 1992
Mayor Suarez: That's the problem.
Vice Mayor Alonso: ... in his or her property and unless we have a system
within the permits that we issue, I think it's illegal to do that.
Mayor Suarez: J. L., yeah, what I'm trying to do is get an ordinance passed
as you want it...
Vice Mayor Alonso: Isn't that so?
Mayor Suarez: ... on some of the worst aspects of the system and then come
back and revisit the issue of...
Vice Mayor Alonso: I think so. I think that's...
Mayor Suarez: ... the liens by having the owner be involved in the process at
some point. I don't know...
Commissioner Plummer: Notify both. Notify both.
Vice Mayor Alonso: Sure.
Mayor Suarez: Right.
Commissioner Plummer: That's fine.
Mayor Suarez: OK.
Commissioner Plummer: Bring it back this afternoon.
Mayor Suarez: OK. Thank you. Moved and seconded with that understanding and
of course knowing that we're going to have to vote on the actual ordinance and
they're going to have to work their heads off to get it before us by this
afternoon. Any further discussion? If not, please call the roll.
58 February 13, 1992
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-84
E A MOTION DIRECTING THE CITY ATTORNEY TO DRAFT AN
EMERGENCY ORDINANCE, TO BE BROUGHT BACK THIS
AFTERNOON, TO AMEND ARTICLE II, "BURGLARY AND ROBBERY
ALARMS," OF CHAPTER 3.5 ENTITLED "ALARM SYSTEMS" OF
_ THE CODE OF THE CITY; FURTHER REQUESTING THE CITY
ATTORNEY TO INCLUDE AMENDATORY LANGUAGE THAT WOULD
ADDRESS INSTANCES WHERE A USER DOES NOT HAVE AN ALARM
{? PERMIT, INCLUDING A PROVISION FOR NOTIFICATION TO SAID
i USER REQUIRING THAT HE PULL A PERMIT AND TO CORRECT
THEIR ALARM SYSTEM AFTER THE FIRST INSTANCE OF A FALSE
ALARM, WITH THE UNDERSTANDING THAT THE MIAMI POLICE
DEPARTMENT WILL ONLY RESPOND TO A TOTAL OF FOUR (4)
FALSE ALARMS IN INSTANCES OF BUSINESS OR INDIVIDUALS
WITHOUT A PERMIT; FURTHER PROVIDING FOR THE SUSPENSION
OF POLICE RESPONSE TO ALARMS AFTER TWELVE (12) FALSE
ALARMS IN INSTANCES OF BUSINESSES OR INDIVIDUALS WHO
HOLD PERMITS, WITH THE ADDED STIPULATION THAT THE
MIAMI POLICE DEPARTMENT WILL PUT A PERMITTED USER ON
NOTICE (IN WRITING) THAT NO FURTHER POLICE RESPONSES
SHALL BE MADE UNTIL ALL DEFICIENCIES AND/OR FEES HAVE
BEEN PAID IN FULL TO THE CITY.
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.
1
ABSENT: None.
Mayor Suarez: Now, not to belabor the point, Mr. Manager, Mr. City Attorney,
what we just went through, which I don't know if it took forty-five minutes,
was what we hoped would happen before today. In other words, that you would
go to the Vice Mayor, Commissioner Plummer, the two people who were most
concerned about this issue and had the valid concerns about it, and by now we
would have a compromise or an ordinance that would reflect their concerns and
would otherwise make sense and have input from the Assistant Chief, the other
Assistant Chief who gave me input here through a little note, the third
Assistant Chief who happened to be here, who apparently has been giving you
input, the Chief Chief, the super Chief and every other Chief and we would
have been able to act on this very quickly. There's no need to have a public
hearing for all these inputs because they're all internal. And instead we've
spent forty-five minutes on it. I really hope that in the future, I know that
we've given you a lot of tasks to perform, you've got to put together
59 February 13, 1992
El'
ordinances, you've got to put together a variety of things, but that's the
correct way to do things. All right, we've taken a vote on that have we?
Madam City Clerk.
Ms. Hirai: Yes, sir we did.
Mayor Suarez: Thank you.
9. ACCEPT 4 GRANTS FROM SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
(SFETC) TO OPERATE JTPA PROGRAMS: (a) JTPA TITLE I (PY '91)($34,118);
(b) JTPA TITLE II -A / ENTERPRISE ZONE (PY 191) ($96,520); (c) JTPA TITLE
III / PAN AM (PY 191) ($144,400); AND (d) DHRS / RCA (PY 191) ($75,718).
Mayor Suarez: Item 5.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Yes. Commissioner Dawkins.
Commissioner Dawkins: What is the... Who are the entrance refugees being
serviced?
Ms. Francena Brooks: These are Cuban and Haitian entrants and refugees.
Commissioner Dawkins: How many of each are being served?
Ms. Brooks: I'd have to get the exact number for you.
Commissioner Dawkins: Do we have service centers in each of the areas or must
they all come to our central station?
Ms. Brooks: Generally, they come to our main office. Though periodically we
have what are called mobile intakes when we go out to the neighborhoods.
Commissioner Dawkins: We're supposed to be helping Haitians who probably
don't speak any English, don't have any way of comprehending what we're doing
and they have to struggle and find their way to us instead of us finding our
way to them. Would that be a correct statement?
Ms. Brooks: Generally, they come to our office. But we have had mobile
intakes in the community and we have two Creole speaking staff.
60 February 13, 1992
i
Commissioner Dawkins: Do you service more of them in their neighborhood or
more on the mobile unit?
-
Ms. Brooks: I'd have to get that information for you.
Mayor Suarez: All right. Do we need anything else on item 5?
Commissioner Dawkins: Is 1t possible... Do we have to accept all of this at
one time, Mr. Manager?
-
Mr. Odio: We don't have to.
Commissioner Dawkins: It's your recommendation?
i
Mr. Odio: Yes. But we don't have to accept it.
Commissioner Dawkins: OK. I so move. I'll discuss the rest of it with the
- r
Manager. Thank you.
Mr. Odio: Yes.
Mayor Suarez: All right.
Commissioner Dawkins: No further...
Commissioner Plummer: Well, you got item 6 right behind it.
Commissioner Dawkins: Same difference. OK. No problem.
Mayor Suarez: OK. On item 5 then call the roll, please.
The following resolution was introduced by Commissioner Plummer, who
-
moved its adoption:
RESOLUTION NO. 92-85
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
THE FOLLOWING FOUR (4) GRANTS FROM THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM (SFETC) IN THE
RESPECTIVE AMOUNTS OF $34,118, $96,520, $144,400 AND
$75,718 TO OPERATE JTPA PROGRAMS: JTPA TITLE I (PY
191), JTPA TITLE II -A / ENTERPRISE ZONE (PY 191), JTPA
TITLE III / PAN AM (PY 191) AND DHRS / RCA (PY 191);
FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO THE
_
NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM SUBJECT TO THE CONDITIONS AND
LIMITATIONS CONTAINED HEREIN AND IN 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 Dawkins, the resolution was passed
and adopted by the following vote:
61 February 13, 1992
AYES: Commissioner Victor Be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miriam Alonso
------------------------------------------------------------------------------
10. FIRST READING ORDINANCE: ESTABLISH 4 NEW SPECIAL REVENUE FUNDS: (a)
JTPA TITLE I (PY 191) ($34,118); (b) JTPA TITLE II -A / ENTERPRISE ZONE
(PY 191) ($96,520); (c) JTPA TITLE III / PAN AM (PY 191) ($144,400); AND
(d) DHRS / RCA (PY 191) ($75,718) -- FUNDS FROM U.S. DEPARTMENT OF LABOR
GRANT AWARDS THROUGH SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
(SFETC).
------------------------------------------------------------------------------
Mayor Suarez: Item 6. Is that companion?
Commissioner Plummer: Move it.
Mayor Suarez: Moved. Item 6 has been moved. We need a second.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion on item 6, if not please call...
Mr. Jones: Read the ordinance?
Mayor Suarez: With the same provisos and suggestions. Yes, read the
ordinance, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING FOUR (4) NEW SPECIAL
REVENUE FUNDS ENTITLED: "JTPA TITLE I (PY '91)", JTPA
TITLE II -A / ENTERPRISE ZONE (PY '91)", JTPA TITLE III
/ PAN AM (PY 191)" AND DHRS / RCA (PY 191)", AND
APPROPRIATING FUNDS FOR THE OPERATION OF EACH
COMPONENT IN THE RESPECTIVE AMOUNTS OF $34,118,
$96,520, $144,400 AND $75,718 FROM U.S. DEPARTMENT OF
LABOR GRANT AWARDS THROUGH THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM; 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:
62 February 13, 1992
1:1
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
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.
11. (A)
ACCEPT 1992 EMERGENCY SHELTER GRANT FROM U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (USHUD) ($287,000) -- EXECUTE
IMPLEMENTING AGREEMENTS WITH USHUD AND APPROVED AGENCIES SERVING
THE HOMELESS.
(B)
APPROVE FIRST READING ORDINANCE ESTABLISHING NEW SPECIAL REVENUE
FUND: EMERGENCY SHELTER GRANT (FY 192) APPROPRIATING FUNDS FOR
ITS OPERATION ($287,000) FROM U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (USHUD). (Note: Even though the roll was
called at this time, the title of this ordinance was not read
into the public record at this point -- see label 13).
(C)
COMMISSION URGES STATE OF FLORIDA TO GET ACTIVELY INVOLVED AND
SUPPORT THE CITY CONCERNING ONGOING CRIME ACTIVITY PERPETRATED
BY THE HOMELESS PRESENTLY LIVING UNDER I-395 EXPRESSWAY, AND
OTHER CITY ARTERIES.
Mayor Suarez: Item 7.
Commissioner Plummer: Well, I'll move the acceptance of the money, but on
item 8 I want more information.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll on the creation of the fund and acceptance of the money.
63 February 13, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-86
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
THE 1992 EMERGENCY SHELTER GRANT FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD) IN
THE AMOUNT OF $287,000 AND, UPON APPROVAL OF SAID
GRANT BY USHUD, TO EXECUTE THE NECESSARY IMPLEMENTING
AGREEMENTS, WITH USHUD AND WITH APPROVED AGENCIES
SERVING THE HOMELESS, SUBJECT TO THE CONDITIONS AND
LIMITATIONS CONTAINED HEREIN AND IN THE CITY CODE;
FURTHER ALLOCATING FUNDS IN THE AMOUNT OF $287,000
FROM THE 1992 EMERGENCY SHELTER GRANT TO THE HEREIN
SPECIFIED PROJECTS.
(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.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miriam Alonso
COMMENTS MADE DURING ROLL CALL.
Commissioner Dawkins: I move with the right to change my... Is the first
reading or the last reading?
Ms. Hirai: First reading, sir.
Commissioner Plummer: Seven...
Ms. Hirai: Oh, no. Seven. Seven is a resolution.
Commissioner Plummer: ... is a resolution.
Ms. Hirai: Seven is a resolution.
Commissioner Plummer: Eight is the ordinance.
Commissioner Dawkins: OK. I'll move to accept the money and we'll discuss it
under eight.
COMMENTS MADE AFTER ROLL CALL:
64 February 13, 1992
,1
Mayor Suarez: Yes. Why do you guys always show up around the time that we
have money?
Mr. Duke McBride: Well, it came to my understanding, and not because we were
notified by Community Development, that the appropriations for this are two
hundred and forty-four thousand to the Beckham Hall annex shelter.
Mayor Suarez: The proposed appropriations.
Mr. McBride: Proposed. And they also proposed to take the forty-two thousand
zero five zero dollars that and de -fund the Better Way Program in an effort to
reestablish the City's funds for the cost of the I-395 project.
Mr. Odio: No. Can I correct that? What I'm recommending is that we keep the
two forty-four, we need to keep Beckham Hall annex operating and the balance
to use it to keep moving into shelters the Lummus Park people. It's to add to
what we already spent, not to replace any funds.
Mr. McBride: At the cost of...
Mr. Odio: This would be additional funds. We need to keep, we finalized the
operation under the expressway...
Commissioner Dawkins: Not additional funds. Provide additional services with
the same amount of money.
Mr. Odio: We're going to provide additional services.
Commissioner Dawkins: All right.
Mr. Odio: The more money we have, Commissioner, the more people we can place
in shelters.
Commissioner Dawkins: I hear you and I understand you but I want to make sure
the public understands what you said.
Mr. McBride: But effectively this...
Mr. Odio: It's direct service.
Mr. McBride: But effectively this de -funds Better Way whose only municipal
funding was the Emergency Shelter Grant.
Mr.. Odio: But you came here in the last Commission meeting and you said you
were getting ten million dollars and you said there is a lease here to give
you property that is very valuable. You can't have it all. We need funds to
keep putting people in beds.
Commissioner Plummer: Well, wait a minute. What's at Beckham Hall now? I
thought Better Way was at Beckham Hall.
Mr. Odio: That's Better Way.
Mr. McBride: -The annex. The annex is at...
65 February 13, 1992
Mr. Odio: That's Better Way. Better Way is getting the... this Beckham annex
is the operation we have with the County where we are attending to a hundred
and ten people. They're getting the buildings next door plus they told me
we're getting ten million dollars or something like that. So I figured that
the forty-two thousand...
Commissioner Plummer: Well, wait a minute. Wait a minute. Wait a minute.
Let me ask this stupid question. They're not getting any money from the City
and they're providing beds for homeless?
Mr. Odio: No. They're getting from the City up till now. Now they're going
to get a whole complex of buildings plus a grant from the Federal government.
And we need every...
Commissioner Plummer: Well, the point I'm trying to make is if they're doing
it from this day forward without any City money, why are we pumping two
hundred and eighty-seven into the other one that's costing us money?
Mr. Odio: You're not pumping anything. This is just to keep that program
going, Commissioner.
Commissioner Plummer: But why do you want to further a program that's costing
the City money? We could be using that money elsewhere.
Mr. Odio: What do you mean? This is not costing the City a penny. The funds
that we're operating Beckham Hall annex from is the McKinney Act funds. This
is it. These are the funds.
Commissioner Plummer: Mr. Manager. You're missing my point.
Mr. Odio: Yes. I am.
Commissioner Plummer: My point is if Better Way is doing the same job and
from this day forward under a Federal grant, why don't we let Better Way
operate Beckham Hall under that same grant and we'll take this two hundred and
forty-four and use it somewhere else?
Mr. Odio: Because they will tell you they don't want to do that.
Commissioner Plummer: I haven't heard them say that.
Mr. McBride: Ohl I'll tell... Mr. Manager, I would welcome the opportunity
to negotiate with you the operation of the Beckham Hall annex...
Mr. Odio: Are you serious?
Mr. McBride: ... because they're spending one point one million dollars a
year...
Mr. Odio: That's right.
Mr.:McBride: ... to provide a hundred beds of service at three to four times
the cost,of every other program privately operated.
66 February 13, 1992
Mr. Odio: Why... Why...
Commissioner Plummer: Well, that's exactly the point I'm trying to make.
Mr. Odio: Wait, wait. If that's the case,...
Commissioner Dawkins: OK. Oh, watch me kill this whole thing. Hold itl
Hold itl Since he says he wants to negotiate, I move that he come back and
negotiate with the Manager and they too come back to us. Hold everything up.
Mr. Odio: I'd like to add, Commissioner, that we do not control that
operation. It's a County and City. The County at one time... last year went
out on bids to see who would take it over and nobody bid on it.
Mayor Suarez: I thought somebody did bid.
Commissioner Plummer: Well, the man has said he'll negotiate with you. Why
not explore?
Mr. Odio: Because I do not control that operation, Commissioner. It's a
County and City operation.
Commissioner Plummer: Well you don't control it but if we're talking about
two hundred and forty-four thousand, I think we do have some control.
Mr. Odio: Well, I don't think you... I don't think they want to dismantle
— what we've got going over there.
Commissioner Dawkins: But you're not listening.
Mr. Odio: Yes, sir.
Commissioner Dawkins: J. L. says tell him we're not going to give him any
money. That's what J. L. ... We're going to take the money...
Mr. Odio: OK.
Commissioner Dawkins: ... and do something else with it and he takes the
money that he has and operates Beckham Hall.
Commissioner Plummer: Exactly.
Commissioner Dawkins: That's what J. L. is saying.
Mr. Odio: Fine. But we need to tell the County.
Commissioner Dawkins: Hey, thank you. I figured you would understand that.
Mr. Odio: OK.
Mr. McBride: My only point was that we have a very good lease opportunity
coming up at a later point in the agenda that is helping us, but we have also
put fifty thousand dollars into a City -owned building to renovate it and if we
67 February 13, 1992
get the Federal grants that this lease is providing us to apply for, we're
also going to be putting another quarter million dollars of our money into a
City building.
Commissioner Dawkins: Yeah, but you are not giving the City anything. You
are bringing a building up to code that you can use to provide services.
Mr. McBride: Yes, sir.
Commissioner Dawkins: So, don't give the public the impression that you are
benevolent and you are giving the City something by fixing up a City property.
It's a fair exchange. You live there free and you bring the property up to
the code specifications that you can use it. Am I right, sir?
Mr. McBride: Yes. But,...
Commissioner Dawkins: Yeah, so that's why you put the fifty thousand dollars
into the building. To make it livable and usable.
Mr. McBride: Absolutely...
Commissioner Dawkins: So you're not giving us anything.
Commissioner Plummer: It's awful expensive, Cesar.
Mr. McBride: Absolutely. However,...
Commissioner Dawkins: OK. Thank you.
Mr. Bride: ... I'm just curious to see why we would de -fund a program that's
doing such a viable service to the City.
Mayor Suarez: Well,
we're not de -funding
anything, we're trying to function
within our means. But
I'm not sure that we
ought to do what is being proposed
here either. Unless
it's an effort to negotiate something.
Mr. Odio: I think that the question here
is whether the forty-two thousand
.j
dollars should go to
them or to the direct services that we're providing to
homeless now. And I
feel that we have the
momentum going, we have placed all
's
the people under the
expressway in beds, we
are now starting with...
Mr. McBride: Lummus.
Mr. Odio: ... Lummus Park.
tf Mayor'Suarez: Well, don't some of them, in fact, get referred to Better Way?
Mr. Odio: Probably the ones at Lummus will be going to Better Way because...
4I� Mayor Suarez: So why would you foreclose the possibility that Better Way
}� would receive some of the funds? I mean, can't you in your...
Mr..Odio: ,They.could receive part of the money...
68 February 13, 1992
Mayor Suarez: ... discretion... Yeah, I mean I want to clarify that if you
get a certain number of referrals, we want to work with Better Way to fund
those referrals and that's what the overall fund is for.
Mr. Odio: Wait. Well, maybe the answer is this. If they're willing to, when
we refer people now, from Lummus, they will take them for free. I have no
problem...
Commissioner Plummer: Well, free from us but the Federal grant they're
getting.
Mayor Suarez: Well, there's...
Mr. McBride: We have...
Mayor Suarez: There's internal accounting in the whole system. We all
understand that, folks. And for this Commission to try to decide in each case
whether we give you a flat grant or we charge you for each referral, or we pay
you for each referral, rather, we could go around on this forever. The point
is I don't think we're foreclosing any of these funds going to Better Way.
And maybe that's the way we could approve it. We also don't want you
necessarily to spend all the money for something else. I mean, they should
also have a shot at coming in here and saying, listen, you are in fact
referring to us a certain number of the people under the expressways. Why
don't you go ahead and allocate to us the appropriate amount.
Commissioner Plummer: Let me ask...
Mayor Suarez: And that's part of our intent and Commissioner Dawkins has been
holding his hand and then...
Commissioner Plummer: Go ahead.
Commissioner Dawkins: I yield. I yield. J. L., I'll yield.
Mayor Suarez: Yields to Commissioner Plummer. Thank you. Commissioner
Plummer.
;; Commissioner Plummer: Let me ask this question. These people that we're
providing beds for and providing meals for, are we getting any work out of
these people? Are they cleaning parks? Or cleaning the streets? Or doing
J-i something for that?
Mr. Odio: Commissioner, most of...
Commissioner Plummer: Or are they just laying around watching television?
No, no, no. I'm serious.
Mr. Odio: They are...
Commissioner Plummer: What are we getting in return for providing them a bed
and three meals a day? We got a lot of dirty parks. I'm asking. Are we
getting anything in return?
is
69 February 13, 1992
Mr. Odio: Yes, we are. I think we are.
Commissioner Dawkins: What?
Commissioner Plummer: Are we demanding that if they're offered a job and they
don't do it, that they're back out on the street?
Mr. Odio: In most cases what we're doing is through the training programs
that we have is rehabbing them so they can become very productive.
Commissioner Plummer: What happens if they don't go to the training program
or they sit around, as I'm told, and read funny books while the professors
talk?
Mr. Odio: Well, you know, J. L. you can't believe everything that is said.
Some of these people need help.
Mayor Suarez: Well, there is one mechanism that he should know about. People
get a number, they don't get to go right back out and get another high
priority. If they don't take advantage of the system, or if having taken
advantage of the system, they come back, they're going to be...
Commissioner Plummer: But, Mr. Mayor.
Mayor Suarez: ... way at the end. It's going to take them... The way things
are going now, it's going to take them quite a few months...
Commissioner Plummer: I don't see a thing...
Mayor Suarez: ... if not years to ever be handled.
Commissioner Plummer: ... wrong with the program that you tried to implement
of five dollars an hour to pick up paper under the expressway. That if we're
providing these people with a bed and three meals a day, that we ask for
something in return.
Mayor Suarez: I think we ought to add work element to it.
Commissioner Plummer: Absolutely.
Mayor Suarez: I think it would be helpful to the ones that are there that are
not undergoing treatment and and if we haven't done that, we probably...
Commissioner Plummer: And if they refuse, send themtoAtlanta.
Mayor Suarez: OK. Commissioner Dawkins, please.
Commissioner Dawkins: Mr. Manager. The judge mandated that we provide
certain services...
Commissioner Plummer: I'm tired of free lunches.
Commissioner Dawkins: ... we are under court order to provide those services.
Are some of those services being provided by the forty-two thousand dollars
you're talking about?
70 February 13, 1992
Mr. Odio: This was... not yet. No.
Commissioner Dawkins: No.
Mr. Odio: No, sir. But they will be.
Commissioner Dawkins: OK. OK. Now, what occupations are you training people
for that open with the high unemployment rate that we have, to tell me that
you're bringing people out of the homeless and making them job ready. Job
ready for what jobs? Because there are no open jobs.
Mr. Odio: that's right.
Unidentified Speaker: to be Commissioners.
Commissioner Dawkins: Oh, to be Commissioners. Fine, no further questions.
Mayor Suarez: All right. We solved that. Is there any motion that makes
sense for us to pass as to the allocation of these monies now that within your
discretion you deal with Better Way, you don't exclude them in any way from...
Mr. Odio: That's fine. That would be... If you can leave it...
Mayor Suarez: All right. And you do need a motion as to the bulk of money to
use for the Beckham Hall continued operation, right?
Mr. Odio: Yes.
Mayor Suarez: That's what we used it for last year. That's good faith with
the County, etcetera, etcetera. Does anybody have any problem with that
portion of it?
Mr. Odio: Right. And I don't have any problem in negotiating afterwards and
with the County. If they want to take that over...
Commissioner Plummer: And where are we going to get a position paper that
these people are asked to do something if they're not going into training?
Mr. Odio: Fine. I will look into that.
Mayor Suarez: Yeah, but that's going to take a lot of effort because most
programs that try to get people involved in working actually cost money. You
would think that it would not cost money to try to get people to work because
they would produce something, but they typically cost money.
Mr. Odio: I will definitely look into that.
Mayor Suarez: But I think even if it was minimal work involvement of the sort
that Commissioner Plummer referred to, you know, cleaning up, just helping in
some way, I mean, I think that component should be built right into any
facility-that'we.run people should be required to be busy doing something. I
think it's a good idea. It's going to take work and it's going to take J. L.
going over there and supervising it, training them to be undertakers.
71
February 13, 1992
r
Commissioner Plummer: The Mayor's yellow shirts.
Mayor Suarez: All right.
Mr. McBride: Just as an added point of information regarding the jobs.
Mayor Suarez: I was afraid that you were going to get back on there.
Mr. McBride: Regarding the jobs...
Mayor Suarez: We were going well.
Mr. McBride: ... the CHAP (Comprehensive Homeless Assistance Plan)... CHAP,
the original phase, phase I of the program under the bridge, has recently
recommended to the CHAP board that they allocate thirty thousand dollars for a
pilot program that the City of Miami, Dade County and the Miami Coalition for
the Homeless to create job development for the homeless people.
Mayor Suarez: Very good. All right, so do we have a motion that reflects
what has been discussed? You want to make it?
Commissioner Plummer: So moved.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any further discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-86.1
A MOTION APPROVING PROPOSED FIRST READING ORDINANCE
WHICH ESTABLISHES A NEW SPECIAL REVENUE FUND ENTITLED
"EMERGENCY SHELTER GRANT (FY 192)" APPROPRIATING FUNDS
FOR THE OPERATION OF A HOMELESS PROGRAM FROM A GRANT
OF $287,000 FROM THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (USHUD) 1992 EMERGENCY SHELTER
GRANT; FURTHER AUTHORIZING THE MANAGER TO RETAIN
$244,950 OF SAID FY 192 FUNDS TO KEEP OPERATIONAL THE
BECKHAM HALL SHELTER FOR HOMELESS MEN THAT IS JOINTLY
OPERATED BY METRO-DADE COUNTY AND THE CITY OF MIAMI
AND .FURTHER STIPULATING THAT THE BALANCE OF $42,050
(WHICH HAD BEEN ALLOCATED TO BETTER WAY, INC. LAST
CALENDAR YEAR) WOULD NOW GO TO SUPPORT THE CITY'S
HOMELESS PROJECT.
Upon _being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
72
February 13, 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 DURING ROLL CALL:
Commissioner Dawkins: I don't know what we're doing, I vote no.
COMMENTS AFTER ROLL CALL:
Mayor Suarez: Mr. City Attorney. When was it that I was hoping you would get
back to me with an issue that is dear to all of our hearts which is how we
require the State of Florida to be involved in this problem of the homeless
under the underpasses rather than just simply putting a fence around their
property and shuffling them over to our responsibility, which then comes under
the court order the Commissioner referred to and, my idea and I think this
Commission's idea, that maybe we ought to bring the State of Florida into that
lawsuit as a necessary defendant.
Mr. Jones: I have examined that whole issue, Mr. Mayor and Commissioners.
Mayor Suarez: Are you ready to file suit?
Mr. Jones: I think...
Commissioner Plummer: Yeah, with outside counsel.
Mayor Suarez: I am desperate to see the City file suit against anybody.
We're always getting sued. Can we get, one time, where we get to involve
somebody in one of these lawsuits? They have property there. You would think
that their homeless, the homeless that are using DOT (Department of
Transportation) property... You know, we have gotten - I sent to the Manager
these memos, Commissioners I maybe am remiss if you have not received copies
of them - we have gotten even a memo from the State of Florida - this is a
lovely one - the Department of Transportation, I think it was, saying we have
criminal activity, people are taking and using our power lines and otherwise
doing damage to State property as it goes through the City of Miami, and we
need for you to use your officers to enforce the law, etcetera, etcetera. And
I keep thinking what about the Florida Highway Patrol? I mean, you would
think we would be acting in trying to get them to use the Florida Highway
Patrol to help us with our crime problem in our arteries, not to try to get
our law: enforcement officials to solve their law enforcement problems in their
arteries when they have this FHP (Florida Highway Patrol).
Commissioner Plummer: But you see, that's...
Mayor Suarez: And FDLE and ABCDE and all the other agencies they've got.
t
73 February 13, 1992
Commissioner Plummer: That's not the problem, Mr. Mayor. . The problem is when
we catch these people stealing the copper out of the lights, they go to court
-+ and the court says bad boy, don't do it again.
Mayor Suarez: Well, that's a bigger problem. You're right.
Commissioner Plummer: That's the problem.
Mayor Suarez: That's the biggest part of the problem. I agree with that. Do
we have a finding that we can bring them in as a necessary defendant?
Mr. Jones: Yeah. What we're going to do is... you constantly refer to as
being creative...
Mayor Suarez: Thank you.
Mr. Jones: ... attempt to be creative. But, looking at this whole matter, it
appears as though, we probably would have to institute some sort of original
action as opposed to involving them in the present lawsuit, given the fact
that the merits of the case, is present before the court... involves...
Mayor Suarez: You don't think that won't be consolidated into the other one
then?
Mr. Jones: I don't think so.
Mayor Suarez: Alright. Commissioners, am I reflecting the consensus of this
Commission, that the State of Florida should be involved in some aspect of
this litigation and should be held responsible by us?
Commissioner Plummer: For property which they own? Very definitely.
Mayor Suarez: Alright. Well, do you need that in the form of a motion?
Mr. Jones: You can do it in form of a motion.
Commissioner Plummer: So moved.
Mayor Suarez: So moved. Second?
Vice Mayor Alonso: Yes.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Plummer: Just for your edification, Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: The State of Florida put up a fence around, under 395
on a_Friday afternoon. Monday there was... the fence had been taken and sold.
(LAUGHTER)
Mayor Suarez: Well, you know, that might also reflect the fact the homeless
knows that the State is not doing a heck of a lot in all of this because they
74 February 13, 1992
4
respected our fences and let's hope that remains the case. Call the roll on
the motion.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 92-87
A MOTION OF THE CITY OF MIAMI COMMISSION GOING ON
RECORD AND URGING THE STATE OF FLORIDA TO GET ACTIVELY
INVOLVED AND SUPPORT THE CITY IN CONNECTION WITH THE
ONGOING CRIME ACTIVITY BEING PERPETRATED BY THE
HOMELESS PRESENTLY LIVING IN THE UNDERPASS UNDER THE
I-395 EXPRESSWAY, AND IN THE CITY ARTERIES IN
CONNECTION WITH THE ACTIVE DISMANTLING OF POWER LINES
AND COPPER WIRES; FURTHER EXPRESSING THE OFFICIAL
OPINION OF THE CITY OF MIAMI THAT THE STATE SHOULD BE
INVOLVED IN SOME ASPECT OF THE IMPENDING LAWSUIT TO BE
FILED AND FURTHER REQUESTING THAT THE STATE ORDER THE
FLORIDA HIGHWAY PATROL TO HELP THE CITY SINCE THESE
CRIMES ARE ALSO PERPETRATED IN AND AROUND PROPERTY
BELONGING TO THE STATE OF FLORIDA.
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.
Mayor Suarez: Yes, and I'm pleased that this happened. I was going to tell
you that my conversation with the Secretary of Community Affairs was most
unsatisfactory. I saw him in Tallahassee. He's from Dade County, and I said,
when are we going to get a little more help from the State for all of this?
And he said, you know, you all have to come up with a comprehensive plan, you
know, one of these things that you have to guarantee the homeless social
security, pensions, TVs, et cetera, for the next thirty years, you know, and
that kind of stuff. And I said, you know, with all the respect, Mr.
Secretary, I think you... the State is really not doing what it promised us it
was going to do. It's coming down here and trying to act as a judge. And you
all have the same problem as we do... the judge's order which requires us to
provide comparable facilities for the homeless before we can remove them.
That same order should.apply to the State of Florida, and if you don't have
those comparables facilities, you should be under court order restraining you
from touching them. And if you don't feel that way, sir, all I can tell is
maybe we'll see you in court. Actually, a lot of that is just what I thought.
I didn't say that to him but I guess he will know, now. Yes, sir.
75 February 13, 1992
Aak
=; Mr. Odio: Mr. Mayor, I want you to know and maybe you can give me marching
orders. They called me yesterday, Sadowski, he's coming tomorrow at 2:30 in
the afternoon. We have a meeting so...
Mayor Suarez: I'm sure will have the complaint ready...
Mr. Odio: ... maybe that's why...
_ Mayor Suarez: ... and deliver to him the complaints...
Mr. Odio: ... if, all of you can tell me...
Mayor Suarez: ... in the case, the lawsuit, and then tell him that he's got
20 days to answer under the local rules.
Mr. Gonzalez-Goenaga: Would you be receptive if I found an anti -defamation
league for the homeless?
Mayor Suarez: Yes, sir.
Mr. Gonzalez-Goenaga: O.K., I will.
Mayor Suarez: But that has nothing to do with what we're doing, so please
have a seat. Form whatever leagues you want, baseball or otherwise.
12. SET CRITERIA REQUIREMENTS AND PROCEDURE BY WHICH TO ISSUE REVOCABLE
PERMITS FOR USE OF OFFICE SPACE AT MANUEL ARTIME PERFORMING ARTS CENTER
(900 S.W. 1 STREET) (See LABEL 14).
Mayor Suarez: Alright. Item 9, I think is the one we're on.
Commissioner Plummer: Let me ask a question on item 9. Mr. Manager.
Mr. Odio: In 9, yeah?
Commissioner Plummer: Mr. Manager, is the ultimate intent of what you're
trying to accomplish in item 9, is it to remove the subsidy?
Mr. Odio: O.K., now, I was going to say that we can eliminate the subsidy if
you pass, as part of this policy, that you will not waive from here on out any
more performances there.
Commissioner Plummer: Do then I understand...
Mr. Odio: You cannot have it both ways.
Commissioner Plummer: Do I 'understand, from you, that it would be on a
competitive kind of square foot price as other area prices?
76 February 13, 1992
Mr. Odio: Well, I don't think we can lose right and I have told this to Herb
Bailey, that this is a community facility. Now, we have to make it cheap
enough so that people can come in there and perform at very low prices. So
that, if we out -price this facility...
Commissioner Plummer: What I meant was that it wasn't going to be more than
the competitive.
Mr. Odio: It has to be, I think it has to be a very low price.
Commissioner Plummer: And what is the total subsidy present?
Mr. Odio: The last time I looked at the budget was $900,000.
Commissioner Plummer: Nine hundred thousand.
Mr. Frank Castaneda: Six hundred thousand.
Mr. Odio: Well it's $600,000 plus the building next door. The total facility
is $900,000.
Commissioner Plummer: And what you're saying the intent of this ordinance is
to reduce greatly that amount of subsidy?
Mr. Odio: Yeah, you ordered us to come back...
Commissioner Plummer: I think that's only fair.
Mr. Odio: ... with a criteria that we'll try to eliminate the subsidy. But I
want to warn you that, I think, maybe we should decide up -front... Yes, we're
going to subsidize the building by this amount and cap the subsidy, so we
don't have to waive every time we have a facility there.
Commissioner Plummer: Well, I think what would be fair...
Mr. Odio: An event there... that for a community events.
Commissioner Plummer: Let me give you my opinion. I think that what would
be fair is to put the people on notice that we're going to give them a very
reduced price but we are going to charge, but at the ultimate, in a five years
is that it will be on a non -subsidized... we just can't continue to subsidize
all of these activities.
Mr. Odio: But Commissioner, like the Bayfront Park Amphitheater, you have
events that you give it for free.
Commissioner Plummer: Well, the Bayfront... Let's clarify that.
Mr. Odio Wait, that was determined up -front. I think it would be wise. And
if this doesn't cover it, to go back and bring it... That we do determine
that so many events a year will be free.
Mayor Suarez:- And if we do that...
` 77 February 13, 1992
y i
Commissioner Plummer: Oh, in the auditorium?
Mayor Suarez: ... let's make sure we have a...
Commissioner Plummer: Oh, I agree with that.
Mayor Suarez: ... Manuel Artime Cultural Committee to decide those things,
and that they decide it, and that we don't mess with their decisions...
Mr. Odio: No, we don't have such a thing.
Vice Mayor Alonso: We do not.
Commissioner Plummer: You're talking about like 30 days a year that would be
given free.
Mayor Suarez: Yeah, to allocate those days, so it doesn't come to this
Commission...
Mr. Odio: That's what I want.
Mayor Suarez: ... for that discussion, please.
Mr. Odio: That's what I'm saying.
Mayor Suarez: If we do that, if we get to that point, do it through a
Committee or something... people interested in the neighborhood... people...
Mr. Odio: Maybe you should eventually form a Committee to rent... to run
that.
Mayor Suarez: I mean, I hate to form Committees, but it's the only way to not
have this Commission have to decide now, who do we give, you know, certain
number of days...
Mr. Odio: But I think we will be kidding ourselves...
Commissioner Plummer: We should do that with Bayfront Park.
Mr. Odio: ... if we go here and set prices and then waive them every time we
need to help someone because they are a good cause.
Mayor Suarez: I think by law that Committee could be invested with the right
to determine those things.
Mr. Odio: Fine.
Mayor Suarez: That way, people feel like they are part of our processing.
Bayfront Park Management Trust should be that way.
Commissioner Plummer: I agree.
Mr. Odio: Giveitto the community in the area...
=3
Mayor Suarez: Yeah.
Mr. Odio: ... to run this thing. I have no problem with that. _
Commissioner Plummer: Do we have an organization...? _
Mayor Suarez: At least those 30 days, you know, the rest of it, we function,
you know, we charge, we do all the other things.
Commissioner Plummer: Do we have an organization, friends of the Artime
Committee that raise money?
Mayor Suarez: That's promoted, that's promoted.
Mr. Odio: We could do that.
Commissioner Plummer: Like Gusman?
Mr. Odio: Why don't you form a trust for the building, like you did Bayfront
Park? I think that's...
_
Mayor Suarez: Doctor, can you try to find some volunteers, people who either
live in the area,...
Commissioner Plummer: Raise the money.
Mayor Suarez: ... work in the area or have... whatever the third criterion
usually is, and submit names, and we can approve a Committee that will decide
on those 30 days?
Mr. Odio: I would separate the theater...
Commissioner Plummer: From the office space.
t
-"r
Mayor Suarez: Yes, yes, yes.
Mr. Odio: ... from the office.
Commissioner Plummer: Of course.
Mr. Odio: Now, the office, we should get rent because we do have maintenance
cost and...
i
Mayor Suarez: We've made, I know, one exception.
r
i
Mr. Odio: It's hard because...
Mayor Suarez: Catholic, Catholic Welfare, I think.
i
Mr. Odio: You see it's hard because you have good blind people, I mean... How
do you charge them to...?
Commissioner Plummer: Mr. Mayor, I'm sorry. You know, I'm a good Catholic
i'
boy but I don't know you can separate...
79 February 13, 1992
Mayor Suarez: I think the reason we did it is that they gave...
Commissioner Plummer: ... Catholic Welfare...
Mayor Suarez: ... they were the only ones that gave the full gamut of
services that the City was not...
Commissioner Plummer: Oh, they're giving something in return...
Mayor Suarez: Oh, yeah.
Commissioner Plummer: ... that's a value of dollar, that's a different story.
Mayor Suarez: We deem that the point that they were the only organization
that accepted anyone and everyone that came in and gave the full range of
services that the City is not able to give to people in that area and that it
made no sense to charge them.
Commissioner Plummer: As determined by us.
Mayor Suarez: As determined by us, oh yes, sir.
Commissioner Plummer: Oh, yeah.
Mayor Suarez: Vice Mayor, I've been skipping you.
Commissioner Plummer: I saw that, I saw that.
Vice Mayor Alonso: Yes, we have two things here. We were talking about
office space and then we went into the art center and the facility. I've been
working with Doctor Lizaso and I would be happy to work with Frank Castaneda,
as well, to see if we can form a Committee. We were planning to have a big
event and try to raise funds and also call attention to the center. But also,
we have to keep in mind, that the facility is still lacking certain things.
One of those is the security that the area deserves... One is the outside of
the building that stills look like a church rather than an art center. Many
people still don't know of the existence of the art center. When they go
inside they are very pleased. But we have to work at calling their attention
and let's get together and organize that and perhaps bring them for approval
of the Commission.
Commissioner Plummer: I move item 9.
Mayor Suarez: So moved. Second.
Vice Mayor Alonso: Second.
Mayor Suarez: Call the roll.
Mr. Jones: Mr. Mayor.
Mayor Suarez: We're going to go back to 8, in a second and read the ordinance
on because we voted on it without reading the ordinance. Vice Mayor,
} seconded it?
80 February 13, 1992
Vice Mayor Alonso: Yes.
Mayor Suarez: Call the roll please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-88
A RESOLUTION WITH ATTACHMENTS, SETTING CRITERIA,
REQUIREMENTS, AND PROCEDURES BY WHICH TO ISSUE
REVOCABLE PERMITS FOR THE USE OF OFFICE SPACE AT THE
900 SOUTHWEST 1ST STREET BUILDING OF THE MANUEL ARTIME
PERFORMING ARTS CENTER; FURTHER MAINTAINING A YEARLY
REVOCABLE PERMIT AS THE ADEQUATE PROCEDURE FOR USE OF
OFFICE SPACE AT SAID FACILITY.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
-------------------------------------------------------------------
13. (Continued Discussion) FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL
REVENUE FUND: EMERGENCY SHELTER GRANT (FY'92) -- APPROPRIATE $287,000
FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD) 1992
EMERGENCY SHELTER GRANT. (Note: When this item was first discussed
[see label 11], the motion was duly proposed and seconded and the roll
was called, but the title was not read into the public record.
Therefore, it was read at this point.)
------------------------------------------------------------------------------
Mayor Suarez: Yes. Can I have the reading of the ordinance on 8 and we may
as well go ahead and take another motion and second it, to clarify. I forget
who did it before. If you have it recorded that'll be fine, if not, we can
just take new motion. Do we have a motion and second on 8?
Commissioner Plummer: Move it.
Mayor Suarez: Call the roll.
81 February 13, 1992
i
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "EMERGENCY SHELTER GRANT (FY'92)11;
APPROPRIATING FUNDS FOR OPERATION OF SAME IN THE
AMOUNT OF $287,000 FROM THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (USHUD) 1992 EMERGENCY SHELTER
GRANT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Vice Mayor Alonso
and was passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Commissioner Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
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. (Continued Discussion) BRIEF COMMENTS CONCERNING POSSIBLE CREATION OF A
COMMITTEE TO REGULATE USE OF MANUEL ARTIME PERFORMING ARTS CENTER (900
S.W. 1 STREET) (See label 12).
Mayor Suarez: Yes, doctor.
Doctor Antonio Lizaso: Mr. Mayor, on item 9, you want us to form a committee?
Mayor Suarez: I think so. I don't think... Do you need a motion on that at
this point?
Mr. Odio: A trust.
Mayor Suarez: To function as a trust? I always have problems with the word
trust because it sounds like they own something but, however, you want to call
it. We do call Bayfront Park Management Trust. So, if you want to call that
a trust, if...
Comnissioner.Plummer:. That's fine with me.
Mayor,Suarez:. ... Advisory Committee on...
Vice Mayor Alonso: Yes, since I am the Awareness Commissioner, I would like
to reserve the right to work with them and then present to you our suggestion
as to how I feel...
Commissioner Plummer: That's the way it should be.
Vice Mayor Alonso: ... it should be handled.
Commissioner Plummer: That's the way it should be.
Mayor Suarez: Very good.
Vice Mayor Alonso: Thank you.
Mayor Suarez: Do you need a resolution on that or do you want to implement
that and bring it back...
Vice Mayor Alonso: I don't think so.
Mayor Suarez: ... for our approval? O.K.?
------------------------------------------------------------------------------
15. EXECUTE AGREEMENT WITH MIAMI DADE COMMUNITY COLLEGE TO PROVIDE A LAND
ACQUISITION GRANT ($850,000) -- ALLOCATE $700,000 FROM 15TH YEAR CDBG
FUNDS AND $150,000 FROM 17TH YEAR CDBG FUNDS.
------------------------------------------------------------------------------
Mayor Suarez: Item 10, then. Miami Dade Community College.
Commissioner Plummer: We're giving the junior college money to buy property?
Vice Mayor Alonso: CDBG(Community Development Block Grant) funds.
Mr. Castaneda: That's correct, Commissioner.
Commissioner Plummer: Why?
Mr. Odio: Well, I don't know why.
Mr. Castaneda: The Commission approved that.
1 Mr. Odio: They came here and told me to give them the money. I didn't want
to give them the...
Commissioner Plummer: Was this money what we gave them at budget time?
t f.
Mr. Odio: Yes.
,4 Mr. Castaneda: From the Community Development Block Grant program last year
you gave them $850,000. What we're coming here is to execute the contract on
that property.
83 February 13 1992
_� y ,
t
Vice Mayor Alonso: We are going to execute what we approved before.
Mr. Castaneda: Right.
Commissioner Plummer: Alright. Let me ask this question. Which property are
they buying?
Mr. Odio: I think the properties on NE 4th and 5th Street.
Mr. Castaneda: It's the Van Dyke Sign Company, is one of them for $734,000
and they haven't identified the other property yet.
Commissioner Plummer: And how much are we taking off the tax rolls? No, no.
How much...?
Mr. Odio: You're right we need to look and see what...
Commissioner Plummer: How much are we taking off the tax rolls? Excuse me.
Mr. Castaneda: A lot.
Commissioner Plummer: Let me tell you, right now, the City of Coral Gables
has heavy discussions going with the University of Miami, O.K.? They have to
provide police and fire service to the University of Miami. University of
Miami doesn't pay any taxes to the City of Coral Gables. Now, what they're
trying to negotiate, and I think it's fair, is that there should be a
stipulated fee for the Dade Junior College in lieu of what the property
they're buying and the taxes that they are eliminating from the rolls if we
have to continue to provide them with police and fire services. I think it's
only fair that, in fact, that the 440,000 citizens of the City of Miami should
not have to pick up that tab. They are a State Funded Agency. And I would
say to the Administration. We've made a commitment to give them the money to
buy the property. And I'm not speaking just to the Junior College, I'm
speaking to 4 billion dollars of our accessible tax base is tax exempt. We
can't continue with that. We just can't continue to operate a City where
we're not having the revenue and our revenue is being cut, everyday, by tax
exempt organizations. Mr. Manager, I would hope that you could sit down with
Dr. Padron and come up with a reasonable fee that Dade Junior College would
provide to the City of Miami to provide the municipal services, which we're
providing to them. We realize today it's got to be on a voluntary basis. But
somewhere, something's got to give.
Mayor Suarez: And, as you do that, in a corollary of that strategy, let's see
if someone can get to, and let's not all jump at the same time, to criticize
this organization but to the New World Action Committee, The Greater Miami
Chamber of Commerce and all the other folks that think we ought to have a huge
Government Center downtown, and explain to them from a planning standpoint,
maybe Herb can do this, that there is the concern for tax exempt buildings and
properties. That if it fosters private development and increases the tax
base, we can do that.
Commissioner Plummer:For a time.
Mayor Suarez: Yeah, for a time.
84 February 13, 1992
a
Commissioner Plummer: But, not forever. Mr. Mayor, thirty...
Mayor Suarez: And at the same time we need to see if they will voluntarily
proffer to give us a payment in lieu of taxes, so that we can maintain all of
those very nice buildings, you know, before we get to the point that we simply
cannot do that. And that the general idea that we concentrate all government
buildings in one area... I'm not sure why somebody came up with that as being
such a great thing, unless they wanted to try to make the Metrorail system
work when it was obviously not working because not enough destinations were on
It. People didn't want to use it. It costs too much and all the other
reasons. And we can't solve that particular problem that they created by this
huge investment in a system that was not well designed and well thought out.
But, that would be helpful because they don't hear that back, Frank. They see
that Miami Dade is a worthy institution. They see that Community Development
Block Grant monies are logically contemplated to be used for that. They want
us to allocate them and we want to go along. We want to help with capital
improvements and we do want to have presence Downtown. We want to make the
system work too, the transportation system. We know it doesn't. But then at
the end of the whole process, our tax base is not increasing. In fact,
downtown last year lost, I think, two percent Mano or something around that.
And it's liable to lose again this year because of contest with the property
appraiser by some of the big buildings downtown. So,...
Commissioner Plummer: Mr. Mayor, thirty...
Mayor Suarez: ... that vision has to be shared with these folks, you know,
anyone of us can do it. But our planners and our tax people, should also be
part of those presentations so that they know...
Mr. Castaneda: Sure.
Mayor Suarez: ... what it's like to have to have a reducing tax base. Not
because the Downtown is getting worse, I think it's improving with all these
facilities, but they're tax exempt.
Mr. Castaneda: Sure, Commissioner.
Commissioner Plummer: Thirty-four percent of our assessable tax base is tax
exempt today. I will tell you that there is a system that I'm looking into in
Cincinnati that supposedly if you live outside of the City limits and work in
the City limits, you must pay a special fee.
Mayor Suarez: That's commuter tax.
Commissioner Plummer: O.K.? Now, somewhere we've got to deal with this
problem. We cannot continue. I don't know, and I'm speaking from the
standpoint of being the past president of the Florida League of Cities, of the
412 Cities, I don't even know of a city that comes close as ours is of 34%
that is tax exempt.
Mayor Suarez: Well, I'll tell you one City. And I hope that Mano you can dig
up this figure so that we all have it and maybe put it in a memo for our
information. Find out how much Washington D.C. gets from the Federal
Government in payment in lieu of all those government properties.
85 February 13, 1992
2
Commissioner Plummer: That's right.
Mayor Suarez: I think the last I checked, J.L., it was 2 billion dollars...
Commissioner Plummer: That's...
Mayor Suarez: ... which is roughly the entire budget of Dade County and about
eight times our budget, and that figure will help us. There is a city,
clearly, that's way ahead of us in that sense, if you want to call being
ahead. Thank you.
Mr. Castaneda: Commissioners, in this particular case, Miami Dade want to
acquire that whole block and they are requesting monies from both the City and
the County in order to do that.
Commissioner Plummer: Well, here again, that's fine. And we love our junior
college and the thirty thousand students that go there, but we're the ones
that are responsible for providing the municipal services. And we're not
getting a dime for it. And we can't continue.
Mayor Suarez: O.K. Let's try to get a few more items in the morning so
that...
Commissioner Plummer: Move item 10.
Mayor Suarez: Item 10 has been moved.
Commissioner Dawkins: Well, wait a minute. What's happening? We already
promised them the money.
Vice Mayor Alonso: Yes, so...
Commissioner Dawkins: So we got to give it to them.
a`
Commissioner Plummer: Alright, I move it, Commissioner.
Mayor Suarez: We're trying to see, if we can get a payment for taxes...
Commissioner Dawkins: O.K.
Mayor Suarez: ... on a voluntary basis, in lieu of taxes.
Commissioner Dawkins: So it has been we moved and passed. Right?
Mayor Suarez: No, no. It hasn't been seconded, yet. We hope...
Vice Mayor Alonso: Yes, yes.
Mayor Suarez: ... you'll say second. Second, alright. Any discussion, if
not please call the roll.
The following resolution was introduced by Commissioner Plummer, who
_
moved its adoption:
RESOLUTION NO. 92-89
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
_
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH MIAMI DADE COMMUNITY COLLEGE TO
PROVIDE A LAND ACQUISITION GRANT IN THE AMOUNT OF
$850,000, AND ALLOCATING FUNDS THEREFOR IN THE AMOUNT
OF $700,000 FROM 15TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS AND IN THE AMOUNT OF $150,000 FROM 17TH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
87
February 13, 1992
0
•
16. EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS OF DELIA PADRON.
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: I would like to take a moment to tell all of you and
all of people in the audience, Eduardo Padron's mother passed yesterday. The
funeral was at 11:00 o'clock this morning and I move that we send a resolution
to the family of our sorrow.
Commissioner Plummer: Second.
Vice Mayor Alonso: Yes, very sorry.
Mayor Suarez: In memorial, yes, moved and seconded. Any discussion? If not,
please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-90
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE
CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND
FRIENDS OF DELIA PADRON UPON HER UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
COMMENTS AFTER ROLL CALL:
Mayor Suarez: She was eighty-four years old, long and useful life.
::
February 13, 1992
------------------------------------------------------------------------------
17. DECLARE UDP AS MOST ADVANTAGEOUS METHOD TO DEVELOP IMPROVEMENTS ON CITY -
OWNED WATERFRONT LAND (2640 S. BAYSHORE DRIVE) -- AUTHORIZE PREPARATION
OF A DRAFT RFP FOR A UDP -- SET PUBLIC HEARING FOR APRIL 9, 1992 TO TAKE
TESTIMONY REGARDING SAID RFP FOR DEVELOPMENT OF A FULL -SERVICE BOAT YARD
FACILITY, MARINA AND ANCILLARY RETAIL USE ON CITY -OWNED WATERFRONT
PROPERTY.
------------------------------------------------------------------------------
Mayor Suarez: Item 11, a resolution, declaring the most advantageous methods
to develop certain improvements on City -owned waterfront land by UDP and I
think, the Waterfront Board Representatives are here for that now.
Mr. Odio: This is just to start the process to come back with the RFP(request
for proposals) for the boatyard, as you requested.
Commissioner Dawkins: So move.
Commissioner Plummer: Who?
Mayor Suarez: So moved.
Commissioner Plummer: Excuse me, Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: Who's going to determine what is the most advantageous
method?
Mayor Suarez: We have to.
Mr. Odio: You have to.
Commissioner Plummer: But, if they're going to draw up an RFP...
Commissioner Dawkins: ... and bring it back before you put it out?...
Commissioner Plummer: ... without our expressing what we feel is the most
advantageous...
Mayor Suarez: I thought we had given tons and tons and tons of input and I
guess we're about to get some more from the Waterfront Board. And then, if
you need to have more, by all means do it today, at least on a generic basis.
Commissioner Plummer: Well, Mr. Mayor, the point I'm trying...
Commissioner Dawkins: But everybody's coming up there is advisory, I hope
they understand that.
Mayor Suarez: Yes, they are advisory.
89 February 13, 1992
Commissioner Plummer: The point I'm trying to make is that we all are fully,
unfortunately, aware that from the time where, in fact, prior that these bids
went out, there have been a lot of rule changes and regulations changes. For
example, one of the most productive sources of revenues were the racks, as
they refer to them... the cubbyholes. There now, today, they are almost
{ eliminated by this new Biscayne Aquatic Preserve, or whatever it is. Have all
of those things been taking into consideration?
Mayor Suarez: Do we grandfather in the ones that we have?
Commissioner Plummer: No, you're not grandfathered in.
Mayor Suarez: You mean, by law we're not.
Commissioner Plummer: Now.
i Mr. Odio: You're limited.
Commissioner Plummer: You're limited. You're greatly limited, O.K.? As a
matter of fact, just to give you an example, the original proposal was, in
fact, enough racks that would have met the minimum annual guarantee of the
City, O.K.? Now, those rules have changed. So, that's why I'm asking... what
is the most advantageous and who's going to decide that?
Mayor Suarez: Well, ultimately this Commission approves the RFP, approves the
I ultimate selection, and so we, obviously, want to be advised to that. I'm not
as much of an expert on it as you are. If you want to be more intimately
°'' involved in the process of drafting the RFP, you can do that by a Committee of
ail
one or more. I have no problem with that. But, John, you want to tell us
=' your...
All Mr. John Brennan: Well, first...
Mayor Suarez: ... use? And keeping in mind that the Waterfront Advisory
Board is the Waterfront "Advisory" Board, as Commissioner Dawkins indicated.
You don't yet have a vote up here. You don't yet decide all matters, but
we're interested in your input. Input, sometimes we'll give it back to you as
output.
Mr. Brennan: That's fine. This is all we were looking for as a...
Mayor Suarez: And it is an incredible amount of input that you have, at
least, if my office is reflective of all the other ones, because when you
don't get through, your partner in crime back there gets through and every
once in a while even shows up at my house. And if not, goes by with a fire
engine and...
Mr. Brennan: I'd rather not take the wrap for everything that he tells you.
It's not all true.
Mayor Suarez: He says it all comes from you...
Mr. Brennan: I know he does.
90
February 13, 1992
AOL
4
Mayor Suarez: ... as Chairman of the Board. Alright, sir, quickly.
9
—_ Mr. Brennan: I know that. In any event... yeah... My name is John A. Brennan
and for today I'm Chairman of the City of Miami Waterfront Advisory Board...
} and yes, we do try to provide advice and counsel, if you like, because we...
our mostly vote is on the Waterfront Board and our interest is the better
concerns of the public. The first request I'd like to have of the Commission
— j is just what type of input... we addressed, earlier, the fact that the Manager
was going to permit us input into the process, as it goes on... and I wanted
to know sort of when, and if we could send anybody down, and they... just what
J the machinations of the system would be? Are you familiar with that? Mr.
Manager could comment or...
Mr. Odio: No, I need input from the Commission. This is only to allow us to
prepare a draft. I need to know what direction they want us to take, as far
as the...
Mayor Suarez: What is the concern about the issue of the...
Mr. Odio: We don't, I don't...
Mayor Suarez: ... rentability, or the streams of revenues, or what?... I
don't understand what that issue is?
Mr. Odio: I talked to Albert and then he said he wanted to be part of the
writers of the proposal. I said, what we can do is provide you the draft,
while it's been done, and they can tell us their opinions about it.
Mayor Suarez: I see the Manager making a proposition and I see Herb Bailey
going like this, like it doesn't sound like they want you right there helping
them to draft, Frank?
Mr. Odio: No, no, no. We will provide a copy of the draft...
Mr. Herb Bailey: Involuntary reaction.
Mr. Odio: I know Herb by now.
Vice Mayor Alonso: Body movements...
Mayor Suarez: Involuntary reaction.
Mr. Odio: It's true.
{ Mayor Suarez: I thought you had actually invited Frank to come and be a
draftsman...
Vice Mayor Alonso: ... that speak louder than words.
Mayor Suarez: Right. I guess it's not going to be quite that bad... I mean,
that involved, Frank... But yes, each draft... can we get them the drafts? We
like to see them. I think Plummer wants to see them.
Y
Mr. Brennan: I wouldn't even let him do that.
91 February 13, 1992
E,
Mayor Suarez: I will take my draft, as it is being, you know, right hot off
the presses and pass it right over to Frank.
Mr. Odio: That's what I took...
Mayor Suarez: I will get his comments and then pass them on to you.
5
Mr. Odio: Fine. I got no problem with that.
Mayor Suarez: That works.
Commissioner Dawkins: You know, but if we aren't going to do anything with
these comments, why pass it over?
Mayor Suarez: Well, hopefully we will.
Commissioner Dawkins: I mean, I want to know, now.
Mayor Suarez: Hopefully, we will. I think we made a lot of adjustments last
time we went through this based on the Waterfront Board's recommendations.
Let's be fair.
Mr. Brennan: We're not here to brow -beat you. We're just trying to
understand this...
Mayor Suarez:
In fact, I think, you recommended the people that we gave the
bid to, and ultimately
didn't perform. But we probably should mention that.
Mr. Brennan:
Hey, you don't want to hear...
-!
Mayor Suarez:
I think it was a pretty unanimous vote.
Mr. Brennan:
That's right.
— `;
Mayor Suarez:
Yes.
Mr. Brennan:
No, the Board recommended... I won't get into the Select
Committee because
I was on the Select Committee, too.
Mayor Suarez:
You were on the Select Committee, yes?
Mr. Brennan:
That's right.
Commissioner
Dawkins: Well, why don't we just give it to the Waterfront Board
to do and Mr.
Bailey's nose out of it?
_a
Mr. Odio: No,
please, Commissioner.
Mr. Brennan:
We just wanted it...
:r
Commissioner
Dawkins: Well you give your input to us and we give it them.
Why do you have
to go to them?
J
92 February 13, 1992
11
�11
Mayor Suarez: Well, but it's a bit clumsy because I'm not sufficiently...
Mr. Brennan: Let me make one... If I may, Mr. Mayor? I'd like to make one
point. You have a unified development program. That means one bid for the
entire piece of property. Based on today's economic conditions, and the
numbers of vote...
Mayor Suarez: You'd like to break it down?
Mr. Brennan: Beg your pardon?
Mayor Suarez: You'd like to break it...
Mr. Brennan: We discussed that at the Waterfront Board Meeting. We did not
come to a conclusion because the issue got tabled.
Mayor Suarez: Ah, that's lovely. So you're going to tell us that you're not
able to make a recommendation on that, because you couldn't reach an agreement
amongst yourselves?
Mr. Brennan: We only talked about it one time, for a brief period of time,
and I would like to see that it... personally, this is, I'm not speaking for
Waterfront Board, I personally...
Mayor Suarez: Let me see if we've considered it. Let me get it on the
record. Have we considered the idea of somehow breaking this apart and not
doing it as a UDP?
Mr. Herb Bailey: That would change the whole bidding process, Mr. Mayor.
Mayor Suarez: But, have we considered it, Herb? Or have we?...
Mr. Bailey: No, we have not considered it. And this type of project, where
we're going out for the best return to the City,...
Mayor Suarez: We think it's a classic case of a UDP appropriate...
Mr. Bailey: It's a UDP... It's a ... And I would just like to say that the
Waterfront Board gets the information as soon as we have completed it for
their review, sometime, prior to you getting it so that when it does come
before the Commission, they will be able to come before you and make some
suggestions as to what changes they want to recommend to you.
Mayor Suarez: Well, in this case, what I'm asking for is for you to implement
a mechanism at least as to the information that I'm suppose to get, when I'm
suppose to get it, and I gather it's going to be pretty, pretty much in the
premature aspects or in the incipient aspect of this process because Plummer
want to see it at that point. And when I get mine, you may as well just go
ahead and direct it to my... to Mr. Albritton or Brennan, in care of my office
because it's going to go directly to them. In fairness, it is impossible for
this Commission to alter this process, which our staffers and our experts, are
telling us should go through UDP based on your possibility that you might take
up the issue that it should be split up, even though, you don't even have a
recommendation at this point. I'm sorry. I wish that we could do better than
93 February 13, 1992
j # 0
that. But, we don't want to derail this because it's already been
embarrassing enough. Maybe, had we followed all of the recommendations of
our staff, somewhere along the line we might have acted more effectually in
all of this. And so, for us to undo that process, it's a bit late. Any other
comments that you want? I mean, I think, I'm reflecting the views of the
Commission on that.
Mr. Brennan: This is all I wanted to start with. I want to get some sort of
an idea...
Mayor Suarez: O.K.
Mr. Brennan: ... because when you're talking to the staff, you frequently get
different ideas as to how it's going to be done.
Mayor Suarez: And part of the reason for that, it that those ideas have not
yet been formulated in their final form. I mean, you're not going to... and
they're all antsy because they think that if they give some...
Mr. Brennan: Well, if I may?
Mayor Suarez: ... some, yeah?
Mr. Brennan: The basic idea of splitting this is a very dramatic thing, if
you've decided that it has to be one bid. I personally don't believe it and I
am speaking only for John.
Mayor Suarez: You personally, would just go ahead and go through the process?
Mr. Brennan: Well, I don't know.
Mayor Suarez: Right.
Mr. Brennan: But, I do think that the door should be open to consider... a
local bank could lend a smaller piece of money to one developer who'd be
interested in a full service boatyard.
Mayor Suarez: It will, because we still have to approve the final RFP. So
conceivably, if you reach the conclusion that it should be split and you
convince us conceivably, we would derail it at that point. I'm not going to
tell you it's a real high probability of that, because a but...
Mr. Brennan: O.K., this is all. No, no, I'm...
Mayor Suarez: ... we got to get this process moving. Anything else that
comes to mind, if not...
Mr. Brennan: O.K., that's fine.
'. Mr. Odio: Mr. Mayor, as far as from the Commission... the scope of what we
like to see there happen. Do we keep it as it was or we scale it down to?...
hopefully, that we could get better bids.
94 February 13, 1992
1
Mayor Suarez: Well, you're going to do everything within the constraints that
Plummer referred to, Commissioner Plummer, which are legal. Which are
constraints that were imposed by State law, right?
Commissioner Plummer: Well, but wait a minute Mr. Mayor, I think what he's...
Mayor Suarez: Does that affect the financial feasibility of the thing? The
fact that you can only have so many racks, et cetera?
Mr. Odio: Maybe, if I can say... if we could simplify this thing... if we
don't demand... we can take the warehouses there, what are they called? The
hangers and do what they did to Spencer... refurbish them completely. Put the
gasoline, make brand new docks and buy a travel lift and you have a very
simple, profitable...
Mayor Suarez: ... boatyard and marina.
Mr. Odio: ... boatyard and marina. Or we can go to the restaurant route, the
25,000 square feet of retail space...
Commissioner Plummer: Yeah, that's the area that's up in the air.
Mr. Odio: ... and all that. That's what need to be... for us to know.
Commissioner Plummer: Are you going to put in a bar? Are you going to put in
a restaurant? - your bait and tackle store?
Commissioner Dawkins: Well, if you're going to change it, I want you to add,
for me...
Mr. Odio: That's what I mean.
Commissioner Dawkins: ... a hotel marina like they got in Ft. Lauderdale and
let Marriott or somebody, put a hotel with a big marina. See, if you all are
going to talk about expanding it, and what have you, then let's to do that.
Mr. Odio: That what I...
Commissioner Dawkins: Add that to it.
Mr. Brennan: Our concern as you know, is a full service marina. That's the
real bottom line.
Mayor. Suarez: Does the full -service marina definition mean something like
what the Manager just said? Or does that reflect...
Mr. Brennan: Yeah, his scale -down operations...
Mayor Suarez:
Mr. Brennan:
Mayor Suarez:
... still meets that definition.
Beg your pardon?
It still meets that definition.
95 February 13, 1992
_ Mr. Brennan: Yeah, I would say because this is another personal... I am not
-j one that believes that tearing down buildings that are functional, necessarily
prove anything to the Community.
Commissioner Plummer: I'm not.
Mayor Suarez: We got that. Now, the issue, however, is not that. The issue
on that, we agree on apparently. The issue that the Manager is saying, is in
the process of doing that we are in effect excluding the possibility of
i retail, restaurant and, I think, some stores that were to suppose to be.
_ Mr. Odio: There were stores, and there were areas for work, and there were
restaurants...
Mayor Suarez: How many square feet of retail was it?
Mr. Odio: ... three thousand square feet of restaurant so that they can have
a liquor license. I remember that.
Commissioner Dawkins: So, you're cutting that out, now?
Mr. Odio: No, I'm asking, do you want to cut that out or do we go all out and
expand the RFP? That's my question.
Mayor Suarez: As we consider that, do you have an opinion on that, from the
Waterfront Board?
Mr. Brennan: The down -scale is our... because a boatyard doesn't have to have
a big restaurant.
�I
Mayor Suarez: We know that. But, what is your recommendation? Have you made
a recommendation on that issue?
tiff;
Mr. Brennan: Because we didn't realize how this program was working, and this
is part of our problem, but, my personal recommendation ... yes?
Mayor Suarez: Well, not speaking for the entire board, but, just intuitively,
and from what you know the proceedings,...
Mr. Brennan: The Manager's concept to scale it down, and you can always tear
,i
1 the building down three years from now, five years from now.
Mr. Odio: John, I didn't say what my concept. I'm asking what is the concept
that we want?
.}1
Mr. Brennan: Well, yes... the scale because it...
Commissioner Dawkins: And he asked what's the concept of the Commission? He
did not ask for the concept of the Board. So let him tell you, so we can
j tell the Manager what we want.
I Mayor Suarez: I did, I did that because I thought they might already have
i. that in their deliberations. Are you ready to give an opinion on that,
quickly, without getting in the whole process, again, John?
96 February 13, 1992
��1
-ii
-i
—� Mr. Brennan: The concept to scale it down, so that you don't require so much
—' capital investment produced, is more likely to produce a boatyard.
Mayor Suarez: That philosophy you like. But do you have a problem one way or
the other, with the component of being... eliminating the component of retail
-!' and a restaurant?
Mr. Brennan: No, I don't have any problem with that.
Commissioner Dawkins: Do you suggest it?
Mr. Brennan: Do I suggest it?...
Mayor Suarez: ... or favor it, on the other hand?
Mr. Brennan: Your measure of retail... what you have now is legitimately
retail. That general type of stuff is almost a necessity. But, some of the
other things are not.
Mayor Suarez: How much do we have now there? Grove Key Marina has some but
a...
Mr. Odio: What do you mean? Have what? I'm sorry.
Mayor Suarez: What we have now...
Mr. Brennan: No, Grove Key is lost.
y
Mayor Suarez:...you mean what we have now and the prior RFP?
. Mr. Brennan: Retail.
Commissioner Dawkins: What do we have now?
Mr. Brennan: Sail loft, you have an electrical shop, you have somebody that's
selling, you know, I don't remember what else. But, some of the functions
that are at the hangar, are generally necessary...
Mayor Suarez: Very related, interrelated.
Commissioner Dawkins: So, you're saying marine related sales, you have no
problem with?
Mr. Brennan: Right.
Commissioner Dawkins: But, what about a big food restaurant, which has no
relation to marine services?
Mr. Brennan: No, no. You can't fix a boatyard in a restaurant.
Commissioner Dawkins: Well, say that.
Mr. Brennan: You can't fix a boat in a restaurant.
97
February 13, 1992
Mayor Suarez: Alright. Commissioners, do you want to leave this, basically,
to the discretion of the Manager, to be brought back to us, which it has to
anyhow or do you want to put in the record your general feelings about it?
Commissioner Plummer: Mr. Mayor, what I would like to do before we go to a
public hearing, on schedule for April the 9th, I think that the Administration
needs to draft a draft RFP, bring it back here for discussion, let us go over
the draft, then schedule your public hearing. That's the way I think it
should be done.
Mayor Suarez: Well, but do that in the workshop, do that in private, you
know. Don't bring it to the Commission for another whole hearing, and then
have a public hearing, a formal public hearing, Commissioner, because
otherwise, this takes forever.
Commissioner Plummer: Well, Mr. Mayor, how else can you do it... if all five
Commissioner would go to a workshop?
Mayor Suarez: In a workshop, in a private... you could be a committee of...
yeah, you could be a committee of one, come to each one of us to the extent
that we want to be involved. I think you want to be a little more involved
than some of the rest of us in the process. I do have a question on that,
though. Do you feel that the inclusion of retail space, substantial retail
space, under the prior RFP, was how many square feet?
Mr. Odio: I believe, it was 25,000. I'm going by memory here.
Mayor Suarez: Twenty, twenty-five thousand square feet...
Mr. Odio: ... marine related.
Mayor Suarez: I know that. But let me ask my blank question. ... and/or a
restaurant... do we have specified in the old RFP, the restaurant?
Mr. Odio: Three thousand square foot.
Mayor Suarez: Do you think that those requirements make it more financially
feasible for bidders or less financially feasible for bidders? If we built
those in and say you must also build all of these capital improvements.
Mr. Odio: That's a fair question. The restaurant, as I remember, was
important for the developers because they felt they could make up some
revenues from that. The retail space, also, was important to the developer.
Mayor Suarez: O.K., because I don't want the world to say, now, if you put
these things in, you're making it more difficult. They got to come up with
more money. He's saying, maybe, people won't be able to get financing. If we
had broken it up, and this and that.
Mr. Odio: No, Xavier, but the thing is this. Yes it is important as
revenue...
98 February 13, 1992
Mayor Suarez: And you're telling me that, we feel this will bring in more
investors.
Mr. Odio: ... if you demand so much capital improvement. If we say, you must
spend X amount of dollars in this property, they need revenue producers. So
whatever we tell them, you must...
Mayor Suarez: O.K., but we've agreed, I think, I don't think anyone here has
disagreed, that the actual shipyard marina operation should be a modest
modification. We don't want too, you know, go to crazy out there. I think
that everybody's agreed on that. We want to have something that's feasible.
But these components, don't seem to detract from the financial feasibility,...
Vice Mayor Alonso: On the contrary.
Mayor Suarez: ... they made actually add to the financial feasibility.
Vice Mayor Alonso: Yes.
Mayor Suarez: Not to mention, that they might actually bring more in the
formula for return on investment. Commissioner Dawkins and then Herb, I think
wants to...
Commissioner Dawkins: O.K., you have Monty Trainers eatery, you got
Doubletree eatery, you got Grand Bay eatery,...
Mr. Odio: No, we have a restaurant, right next door here.
Commissioner Dawkins: ... a Charthouse eatery,...
Mr. Odio: ... and another one next door.
Commissioner Dawkins: ... you got the one next to that, O.K.?
Mr. Odio: Yeah.
Commissioner Dawkins: Then you got the Grand Bay, O.K.?
Mr. Odio: Yes.
Mayor Suarez: The one that failed back here on the...
Commissioner Dawkins: ... and the one back here, that's closed.
Mayor Suarez: Two of them have failed, recently.
Commissioner Dawkins: Yeah, failed.
mean you Mr. Manager,...
Mr. Odio: Yeah.
So what makes you think, and I don't
Commissioner Dawkins: ... what makes us think that a retail facility, in
competition with all of the places that I just named, will be successful?
99 February 13, 1992
Mr. Odio: I don't think it would. I really... I always questioned, when the =
bid package went out,...
Mayor Suarez: But wait, the answer to the other question that I asked is that
this would make it more feasible. Do you agree with that, Herb? That having =
a restaurant and retail component would make it more financially feasible and
would bring in more bidders?
Mr. Bailey: I think the problem is, it would make it more difficult, in the
short term, to try to get developers to come up with the type of financing
that's needed to do that. We ought to keep it simple. The longer we delay,
and the more difficult we make it, the less revenue this City is going to get.
We've gone, now, almost two years without any revenue. We should do just a
modest boatyard that will provide services to the marine community... those
basic services. If sometime in the future, and we get structure the RFP in
J that direction, that if the economy, the economics of the boatyard turns to be
up, then those things can be added at the discretion of the Commission. But,
we need a simple, basic boatyard.
Mayor Suarez: We can carve out that possibility for future...
Mr. Bailey: You need a basic boatyard to provide the basic services that get
it back in a revenue producer.
Mayor Suarez: I have to problem with that. I don't think the Waterfront
Board has a problem with that.
Mr. Odio: Mr. Mayor, I walked the area the other day, and I began to ask
myself, the special operation next door here, the City paid him $300,000 and
he redid the whole skin of the hangars, and they look brand new. So,...
Mayor Suarez: Alright. Commissioners, do you want to add anything to that
general proposition that was just stated by Herb? J.L., do you still want to
have one more hearing before the RFP is even brought back to us?
Commissioner Plummer: Well, at least if nothing more, that we have the RFP a
month in advance, so that we can go through it and offer our suggestions.
Mayor Suarez: Please let's do that. And if need be, we can have a workshop
session, where Waterfront Board members are present, maybe joint of Commission
staff... in my case staff, because folks, you know, I just can't get involved
at that level. If J.L. wants to get involved at that level, that's his
perogative. And then, ultimately bring the RFP back, with comments and with
modifications, proposed by the Commission and the Board for final approval.
Alright? And, I think, we finally have a consensus, Herb that we don't want
to go overboard on any of this.
Mr. Bailey: We do a basic RFP, with a flexibility.
Mayor Suarez: Great. So moved.
Commissioner Plummer: Fine.
100
February 13, 1992
j
Mayor Suarez:
the roll.
Moved by Commissioner Plummer. Second it, Vice Mayor. Call
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-91
A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS
METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED
WATERFRONT LAND IS BY A UNIFIED DEVELOPMENT PROJECT
(UDP), AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT
REQUEST FOR PROPOSALS (RFP) FOR A UDP, AND CONFIRMING
THE SETTING OF A PUBLIC HEARING FOR APRIL 9, 1992 AT
4:00 P.M., TO TAKE TESTIMONY REGARDING SAID RFP FOR
THE DEVELOPMENT OF A FULL -SERVICE BOAT YARD FACILITY,
MARINE AND ANCILLARY RETAIL USE ON CITY -OWNED
WATERFRONT PROPERTY LOCATED AT 2640 SOUTH BAYSHORE
DRIVE, MIAMI, FLORIDA; AND, AT THE CONCLUSION OF SAID
PUBLIC HEARING, IF THE CITY COMMISSION IS DISPOSED TO
PROCEED, AUTHORIZE THE ISSUANCE OF AN RFP, SELECT A
CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINT MEMBERS
OF A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT
FINDINGS TO THE CITY MANAGER AS REQUIRED BY CITY
CHARTER SECTION 29-A(C) AND CITY CODE SECTION 18-52.9.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: And Mr. Gonzalez-Goenaga, we will have a public hearing on that
issue when the RFP comes back, sir.
Mr. Gonzalez-Goenaga: Yes, I realize that.
Mr. Brennan: Wait, wait. I want to thank the Mayor. We really on the same
team, honestly.
Mayor Suarez: Yes. Mr. Gonzalez-Goenaga, once again,...
Commissioner Dawkins: Don't come in the office no more, you thank the Mayor,
first.
101 February 13, 1992
t
Mr. Gonzalez-Goenaga: The best use for that boatyard is...
{ Mayor Suarez: Sir, we're not taking public input. I was just going to tell
�j you that we're going to have a public hearing on that but there will also be a
workshop and the Waterfront Board will also be giving input. And you can come
to the workshop and to the Waterfront Board. O.K.?
Mr. Gonzalez-Goenaga:...a ferry boat to send a tot of Cubans back to Cuba,
starting with two Commissioners.
Mayor Suarez: Sir, you're out of order. The substance of what you said is
abhorrent but besides that, you're procedurally out of order and you will be
removed.
------------------------------------------------------------------------------
i
18. EXECUTE AGREEMENT WITH RAMPA CORPORATION (SELLER) FOR ACQUISITION OF 4
PARCELS IN OVERTOWN COMMUNITY DEVELOPMENT TARGET AREA AT: (a) 1311 N.W.
2 COURT, (b) 1321 N.W. 2 COURT, (c) 1330 N.W. 2 COURT, and (d) 1345 N.W.
2 COURT (COLLECTIVELY, PARCEL NO. 90-12B) -- ALLOCATE $429,174 FROM CDBG
PROJECT: (a) OVERTOWN LAND ACQUISITION PROJECT, AND (b) SOUTHEAST
OVERTOWN / PARK WEST REDEVELOPMENT TRUST ACCOUNT, PROJECT 689001.
------------------------------------------------------------------------------
Mayor Suarez: Item 12. Authorizing the new Manager to execute an agreement,
in substantially the attached form, with La Rampa Corporation.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved by Commissioner Dawkins.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded, Vice Mayor. Any discussion? If not, please call
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-92
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE RAMPA CORPORATION ("SELLER"),
FOR THE ACQUISITION OF FOUR (4) PARCELS LOCATED AT
1311 NORTHWEST 2ND COURT, 1321 NORTHWEST 2ND COURT,
1330 NORTHWEST 2ND COURT, AND 1345 NORTHWEST 2ND
COURT, MIAMI, FLORIDA (COLLECTIVELY A/K/A PARCEL NO.
90-12B, LOCATED IN THE OVERTOWN COMMUNITY DEVELOPMENT
TARGET AREA, AND MORE PARTICULARLY AND LEGALLY
DESCRIBED IN THE ATTACHED EXHIBIT "A"), FOR A TOTAL
PURCHASE PRICE OF $529,174; ALLOCATING FUNDS THEREFOR
FROM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG")
PROJECT ENTITLED "OVERTOWN LAND ACQUISITION PROJECT"
AND THE "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT
TRUST ACCOUNT, PROJECT NUMBER 689001," FOR ACQUISITION
OF THE SUBJECT PARCELS; FURTHER AUTHORIZING THE CITY
ATTORNEY TO CLOSE ON THE SUBJECT PARCELS AFTER
EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF
OPINION OF TITLE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
103 February 13, 1992
-=1 ------------------------------------------------------------------------------
19. RESCIND RESOLUTION 91-766, WHICH AUTHORIZED ISSUANCE OF A REVOCABLE
PERMIT TO BETTER WAY, INC. -- WAIVE COMPETITIVE BIDDING PROCEDURES, FOR
LEASE OF CITY -OWNED PROPERTY IN ACCORDANCE WITH SECTION 29-B OF THE
CHARTER -- EXECUTE LEASE AGREEMENT WITH BETTER WAY, INC. FOR THE RENTAL
OF BECKHAM HALL (800-810-820 N.W. 28 STREET).
Mayor Suarez: Yes, Item 13.
Vice Mayor Alonso: Move it.
Commissioner Plummer: Thirteen...
Mayor Suarez: ... Resolution for Better Way, Inc.
Mr. Odio: See, our agreement for...
Vice Mayor Alonso: ... this is the list.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Seconded. Under discussion by Commissioner Dawkins, yes...
Commissioner Dawkins: Under discussion. The last line I have a problem with
which says "options at the sole direction of City Manager..."
Mayor Suarez: Discretion of the City, I think...
Vice Mayor Alonso: Oh, yes that's right.
Mr. Odio: I agree it should be the City Commission.
Mayor Suarez: O.K., the City, that's to clarify.
Commissioner Dawkins: A City, with those changes...
Mayor Suarez: ... alright, with those changes...
Commissioner Plummer: Alright, so let me understand real simple language is
that they're going to get this facility with a revocable thirty day permit.
Is that correct?
Mr. Odio: No, it's a ten year lease. However, we can call the property
back...
Commissioner Plummer: ... at any time...
Mr. Odio: ... at any time.
Commissioner Plummer: ... for no reason and we do not have...
104
February 13, 1992
—
Mr. Odio: Wait a minute. That is not in here?
Commissioner Plummer: ... to reimburse them for any improvements made.
Mr. Odio: Then, I would vote...that, that if not's in here as I told Herb is
should be, than I will not recommend this.
Mr. Al Armada: We discussed this and I was aware of this and we discussed
-�
this with the City Attorneys.
Commissioner Plummer: Mr. Armada...
Mr. Armada: Yes...
-{
Commissioner Plunmer: ... this is Mr. Odio. Mr. Odio this is Mr. Armada. I
think that you work together. May I defer this until the afternoon?
Mayor Suarez: Did you try to...
Vice Mayor Alonso: Right.
Mr. Armada: O.K., let me tell you. Let me please explain something because I
i
don't know...
i
Mayor Suarez: Alright.
a
�j
Mr. Armada: ... what... The issue is that the monies that these people are
expected to receive is for a ten year...
Mayor Suarez: ... investment.
Mr. Armada: ... span and they will not get that money unless they have a ten
year lease agreement.
Commissioner Plummer: Well, that's not what's here.
F
a!i
Mr. Armada: Yes, what is here...
Vice Mayor Alonso: That was the...
Commissioner Plummer: This was revocable.
,I
Mr. Armada: No, no. We're rescinding a previous resolution giving them a
revocable permit with a thirty day revocation. We're rescinding that prior
:i
resolution. Now, we're bringing before you an action wherein they would get a
f
Tease agreement for ten years which is not revocable during that period of
-�'
time. It cannot be, you know, terminated.
Commissioner Plummer: Well, that's not what the Commission directed you to
do.
a,
};. Mr. Armada: O.K. The only, I understand...
}
's
105
February 13, 1992
Commissioner Plummer: No, no, wait just a minute. We, the Commission,
instructed you what to do? Why are you bringing back something different than
what we instructed you to do?
Mr. Odio: I, look...
Mayor Suarez: Because their grant monies require a different form of lease.
Commissioner Plummer: Mr. Mayor, excuse me. The damn tail is wagging the
dog, We instructed...
Mayor Suarez: Well, it depends on what you consider the tail of the dog an
old dilapidated property or a bunch of State money. I mean...
Commissioner Plummer: Mr. Mayor, that is not the point I'm trying to make.
Mayor Suarez: Alright.
Commissioner Plummer: The point I am making is that we,'the Commission, told
the Administration what to do. They do not have the prerogative to do what
they want to do and bring it back to us.
Mr. Herb Bailey: May I correct... May I make a statement please?
Commissioner Plummer: Please correct me.
Mr. Herb Bailey: You listen to the testimony when they came indicating that
they needed to have a lease for a period of time in order to get the Federal
money and you agreed to do that. And at that time, they stated that they
needed for a ten year period. What you directed us to do was that after a ten
year period of time, we were to retrieve the property. That's what you
instructed us to do.
Commissioner Plummer: Not what we understood.
Mr. Bailey: They said that on the record and at the time you agreed.
Commissioner Plummer: I am not in a position to give a ten year lease, Herb,
and I said that before.
Mr. Bailey: Well, it was voted to do it and now we would not have not gone
back to do the lease...
Commissioner Plummer: That is not what I understood.
Mr. Bailey: ... if you hadn't... Well, maybe you did the discussion at the
time was not clearly understood. But, it was clearly stated on the record
that they had to have this lease for this period of time.
Commissioner Plummer: Wait a minute. Let me...
Vice Mayor Alonso: That's the reason for the lease.
Commissioner Plummer: ... let me read first...
106 February 13, 1992
' Mr. Bailey: That was the reason for the lease. Otherwise, we wouldn't...
-� they already had a permit.
Commissioner Plummer: No, no. The point was that you volunteered, on the
record, that they would voluntarily give up the property if asked for. Is
that what it was?
Vice Mayor Alonso: And then lose the...
Mr. Bailey: ... lose a revocable...
Commissioner Plummer: That was... there was a clause in there that we could
get the property back.
Vice Mayor Alonso: It was something to that effect, yes.
Commissioner Plummer: And you were willing to stipulate that you would
voluntarily give up the property.
Mr. Duke Mc Bride: Commissioner, yes indeed we agreed... The object... the
discussion was brought up by Commissioner De Yurre in retrospect to a possible
future development process in that particular area involving the baseball
stadium. We did, indeed, at the time agree to that, however, the Federal
Government, Department of Housing and Urban Development, has informed us, as
i well as the staff working upon this, that that is not in a form acceptable to
j them and would then negate our possibility of receiving those Federal dollars.
Commissioner Plummer: Well, that's not the point, O.K.. I'm opposed to that.
But, the point I'm really opposed to is the Administration bringing back
something that does not contain what we asked for.
Mr. Odio: Well, Commissioner...
Commissioner Plummer: We clearly stated, on the record, that you were not
going to get an absolute ten year lease. We said that.
Mr. Odio: You are right and I'm telling you you're right, Commissioner. I
thought that we had found a mechanism in this lease...
Commissioner Plummer: That's what I understood.
Mr. Odio: ... to get that property back.
Commissioner Dawkins: I bet the...
i
Commissioner,Plummer: And that's all...
Vice Mayor Alonso: ... And we did and we didn't because it was yes and then
the voluntary clause.
Mayor Suarez: We wanted to find the legal way to do it. We wanted to give...
Mr. Odio: They were going to volunteer the property back.
107 February 13, 1992
P
Mayor Suarez: Alright. How do you want to handle it now? Given that we
accept that a... this whole issue should of been flagged more properly so that
the Commissioners would know, in advance, that there's a wholesale change
here. What does the Commission, as a matter of policy want to do? I hate,
J.L., just to because we didn't get the appropriate indications here to just
sort of simply not act on the matter. The fact of the matter is that we have
to make a policy decision. It is a difficult one to pick. We don't enter
into ten year leases for this kind of use of the facility. And yet, I think,
we all know how worthy this particular one is and we might take ten years to
do anything else over there, that's worthwhile. So, if Commissioners want to
get clarification and we can hopefully vote on this item.
Commissioner Plummer: I don't believe, under even our Charter, we can give
them a ten year lease...
Mayor Suarez: Let's clarify that...
Commissioner Plummer: ... without a revoke.
Mayor Suarez: ... Presumably the City Attorney has looked at the form,
Commissioner,...
Commissioner Plummer: Mr. City Attorney...
Mayor Suarez: ... and has found a way, you know, we don't just sort of...
Commissioner Plummer: Can we give them a ten year lease without going out to
a bidding procedure?
Mr. Jones: Mr. Plummer, we looked at this under the 29B and there is an
exemption for a type of project of this nature and we did make a determination
that, in this instance, because it was a governmental ... project of
governmental nature, which is one of the exemptions that's specified in 29B,
the deed to get return of fair market value could be waived in this instance
and you could give a lease for that particular term.
Mayor Suarez: Alright, Commissioner Dawkins and then, I think, the Vice Mayor
also wanted to address the issue.
Commissioner Plummer: I can only speak for one.
Commissioner Dawkins: I think, to the best of my understanding, we discussed
this and I know I was opposed to the ten year lease. I'm trying to find out
now how I voted... I don't even remember. But, I think, that the statement
was made "if the ten year lease was not given, then the Federal Government
would not award the grant." Is that a fair statement?
Vice Mayor Alonso: Yes.
Mr. Duke Mc Bride: Yes, sir.
Commissioner Dawkins: That's what was said and that's where we got thrown
off.
108 February 13, 1992
Commissioner Plummer: Well, no, but there again, then he volunteered...
Mr. Odio: They volunteered...
Commissioner Plummer: He volunteered that if, in fact, the City needed the
property back, he would give it back to the City.
Commissioner Dawkins: How can he give it back when the Federal Government
says he has to have a ten year lease?
Commissioner Plummer: He just ceases his operation.
Mr. Mc Bride: Precisely.
Mayor Suarez: Alright. Can we get a clarification of that? Suppose we
needed it back under the proposed agreement? Understanding it's not a simple
revocable thirty day...
Commissioner Plummer: Are you going to break the lease?
Mayor Suarez: ... right? How can we get out of it? Is there any
circumstance under which we could get out without having them and us run afoul
of HUD(Housing and Urban Development) regs? Have you contemplated that
possibility?
Mr. Odio: I was thinking of a clause that says we can cancel their lease with
forty-five days notice provided that the City would pay the balance of the an
unamortized value of the improvements.
Mayor Suarez: Would that satisfy HUD?
Mr. Odio: It would have to.
Mr. Bailey: We don't know. They would have to check with the...
Commissioner Plummer: Well, wait a minute. Something's wrong here. You
know, here we are. We're the owner of the property...
Mayor Suarez: ... we're allowing somebody to build improvements.
Commissioner Plummer: ... and we're going to have to pay them for any
improvements that they made. That's not correct. That's ridiculous and
especially if we're not going to control what the improvements are.
Mayor Suarez: Well, the implications of the exemption that we're going under,
in the Charter, is that it's for governmental use. If we're not convinced
it'.s for governmental use, we shouldn't be doing this. If we are convinced
that it's for governmental use, and they in fact use it for, let say, five out
of ten years, all we would be paying is one-half of all the improvements that
they put on there assuming we have to pay anybody. We might be able to
convince; HUD at that point, that we're going to take over the property and
either demolish it or use for some purpose in consonance with HUD and its
purposes... We may not have to pay anything back, J.L. That's the only idea
109 February 13, 1992
that I can come up with, or we simply enter into a ten year lease that is
irrevocable during that period of time.
Mr. Bailey: May I say...
Mayor Suarez: But it's better, I think, if were having to do this, Herb, I
think it would be better to have the provision that says just in case let's at
lease get a clause in there that says with a forty-five day or whatever period
of days of notice, we will pay the unamortized...
Commissioner Plummer: ... with the proviso that we approve any and all
Improvements.
Mayor Suarez: Yes, absolutely, absolutely.
Mr. Mc Bride: Oh, absolutely.
Vice Mayor Alonso: Yes, of course, we have to.
Mr. Bailey: Usually these types of Federal Grants, you have to tie your tease
end to the terms and conditions of that grant in regards to property
disposition. I don't know whether or not that they would even give the grant
if we had that clause in there. I think the grantee should check that out.
Mayor Suarez: Yeah, I have no problem giving that discretion to the
Administration or try to negotiate that with HUD so that we don't paralyze
this process because I...
Commissioner Plummer: That's fine.
Mr. Odio: But if they don't, what happens then?
Commissioner Plummer: Hey, if they don't... hey, it was a good try.
Mr. Odio: O.K.
Commissioner Plummer: That's my opinion.
Mayor Suarez: How do you want to put it...?
Commissioner Plummer: I can't tie that...
Mayor Suarez: ... Do you want to put it, that if they don't, we got to come
back to this Commission for approval?
Vice Mayor Alonso: Yes, I think so. It's only fair.
Commissioner Plummer: That's fine.
Mayor Suarez: That's better.
Vice Mayor Alonso: Yes.
Commissioner Plummer: That's fine.
110 February 13, 1992
0
Mayor Suarez: Alright. That's fair folks.
Vice Mayor Alonso: Yes.
Mayor Suarez: Alright, so we have motion...
Vice Mayor Alonso: Yes.
Mayor Suarez: ... and second to that effect. We need to have a proviso
worked out with HUD that would allow us to take it back by making a payment of
the unamortized portion of the improvements as we do in our other long term
leases.
Mr. Bailey: Alright.
Mayor Suarez: If that cannot be accomplished with the Federal Government,
this Commission will have to see how to act on it and it will be tough
decision at that point. So moved in second and Commissioner Plummer, Vice
Mayor Alonso. Any discussion? If not please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-93
A RESOLUTION, WITH ATTACHMENT(S), RESCINDING
RESOLUTION NO. 91-766, ADOPTED OCTOBER 24, 1991, WHICH
AUTHORIZED THE CITY MANAGER TO ISSUE A REVOCABLE
PERMIT TO BETTER WAY, INC.; WAIVING COMPETITIVE
BIDDING PROCEDURES AND ACKNOWLEDGING AN EXEMPTION TO
THE REQUIREMENT OF THE RETURN TO THE CITY OF FAIR
MARKET VALUE FOR THE LEASE OF CITY -OWNED PROPERTY IN
ACCORDANCE WITH SECTION 29-8 OF THE CHARTER OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE
j
CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH BETTER WAY, INC.
FOR THE RENTAL OF BECKHAM HALL, LOCATED AT 800-810-820
NORTHWEST 28TH STREET, MIAMI, FLORIDA, AT AN ANNUAL
FEE OF ONE DOLLAR ($1.00), FOR A TEN (10) YEAR PERIOD;
SUBJECT TO THE ACCEPTANCE BY THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) OF A
PROVISION IN SAID LEASE AUTHORIZING THE CITY TO CANCEL
THE SAME UPON FORTY-FIVE (45) DAYS NOTICE TO BETTER
WAY, INC. AND PAYMENT OF THE UNAMORTIZED COST OF THE
IMPROVEMENTS; AND INSTRUCTING THE CITY MANAGER TO
BRING BACK SAID LEASE TO THE CITY COMMISSION IF SAID
PROVISION IS NOT ACCEPTED BY HUD.
j'
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
'
Uponbeing seconded by Vice Mayor Alonso, the resolution was passed and
.
adopted by the following vote:
'`
111 February 13, 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.
20. ACCEPT PROPOSAL: UCS, INC., FOR FURNISHING 15 GRIDPAD HAND HELD
COMPUTERS, PERIPHERALS AND A PROGRAMMING SYSTEM FOR THE FIRE, RESCUE AND
INSPECTION SERVICES DEPARTMENT -- AUTHORIZE ISSUANCE OF PURCHASE ORDER.
------------------------------------------------------------------------------
Mayor Suarez: Yes, on item 14. Last item of the morning, folks. Looks
like...
Commissioner Plummer: This is the last item.
Mayor Suarez: ... because at 12 o'clock, we adjourn.
Commissioner Plummer: What time are we coming back?
Mayor Suarez: I would like to make it -Aurelio, unless you tell me that we're
not likely to get through all the other items make it at 2:30. Does that
sound...
Commissioner Plummer: Two -thirty?
Mayor Suarez: Two -thirty. Need a little extra time.
Commissioner Dawkins: Did you move 14, J.L.?
Commissioner Plummer: No, not yet.
Mayor Suarez: And then we need to change the date of the 18th, too, folks.
Mr. Odio: You don't have...
Mayor Suarez: Let's do one thing at a time, please. We have a motion on 14,
I think, right?
Commissioner Dawkins: Hell, no. I'm waiting on J.L. I'm seconding it, if
t �
J.L. moves it.
Commissioner Plummer: Move it...
jt Mayor Suarez: Moved in second on item 14. Any discussion...
}
112 February 13, 1992
LAI
Commissioner Plummer:
else.
... only because the money is coming from somewhere
Mayor Suarez: ... If not, please call the roll. There's the Miami Vice and
the preppy look together, again.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-94
A RESOLUTION ACCEPTING THE PROPOSAL OF UCS, INC. FOR
FURNISHING FIFTEEN (15) GRIDPAD HAND HELD COMPUTERS,
PERIPHERALS AND A PROGRAMMING SYSTEM FOR THE FIRE,
RESCUE AND INSPECTION SERVICES DEPARTMENT AT A TOTAL
PROPOSED COST OF $98,046.00; ALLOCATING FUNDS THEREFOR
FROM THE DADE COUNTY/STATE OF FLORIDA EMS GRANT
PROJECT NO. 104007, ACCOUNT CODE NO. 280515-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT officers TO ISSUE A PURCHASE ORDER FOR
THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, 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.
21. RESCHEDULE STARTING TIME OF COMMISSION MEETING PRESENTLY SCHEDULED FOR
FEBRUARY 18, 1992, TO 1:30 P.M.
13
------------------------------------------------------------------------------
Mayor Suarez:
Yes, now, on the
18th, we meet. And I'd like
to ask you, at
this point,
to consider whether
you'd like to meet on the
18th, which is
Planning and
Zoning... but we have one or two items, right?
Mr.`Odio: At
this moment we only
have three. Unless you send
me more, that's
'1
-5
it.
Mayor Suarez:
Now, we always have this quandary. Now, they
seem to believe
_ }
that we want
to meet only in the
afternoon because we may not
have enough for
i
113 February 13, 1992
the morning. I don't have that way of looking at the world. I don't mind
meeting, for an hour, half hour in the morning and then recessing and then we
do other kinds of things. But it's up to this Commission. I'll go with
whichever way you want to go.
Commissioner Plummer: Why don't we start at 1:00 p.m.?
Mayor Suarez: You want to start at one?
Commissioner Plummer: Start at one instead of two.
Commissioner Dawkins: I don't like that, but if J.L. wants it?
Mayor Suarez: That's because you have these short lunches... I mean, being a
man of your age and so on, you know,...
Vice Mayor Alonso: We don't like it but...
Vice Mayor Alonso: He eats light.
Mayor Suarez: He eats light and how do you want to do it? Do you want to
start at one?
Commissioner Plummer: I prefer to start at one. At least, give you... let
you go into the office in the morning.
Mayor Suarez: I know what you do. You have office hours in the morning...
Vice Mayor Alonso: I don't like the idea.
Mayor Suarez: ... you don't mind coming here for an hour...
Vice Mayor Alonso: ... yes.
Mayor Suarez: ... and then going back. I do the same thing.
Commissioner Dawkins: One o'clock?
Commissioner Plummer: One o'clock is fine with me.
Vice Mayor Alonso: I don't like it, but if the majority, yes.
Mayor Suarez: Indifference to the older members of this Commission. So
moved, for the 18th to meet at 1:00 o'clock. That's the worst possible hour.
Vice Mayor Alonso: The worst.
Mayor Suarez: Yes, how about one -thirty? Make a deal with the rest of us.
Vice Mayor Alonso: One -thirty, yes. That's better.
Mr. Odio: See... you only have two regular items, and fourteen Planning and
Zoning.
j
114 February 13, 1992
Commissioner Dawkins: One -thirty.
Mayor Suarez: We go one -thirty.
Commissioner Dawkins: So moved.
Mayor Suarez: Moved in second. Any discussion, if not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-95
A RESOLUTION IN RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF FEBRUARY, 1992 TO TAKE PLACE ON
FEBRUARY 18, 1992 AT 1:30 P.M.
(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.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:01 AND RECONVENED AT 2:36, WITH ALL MEMBERS OF THE
CITY COMMISSION FOUND TO BE PRESENT EXCEPT
COMMISSIONER DE YURRE.
115 February 13, 1992
------------------- ---------------------------------------------------------
22. (A) APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST
RECEIVED FROM FLORIDA CLEAN HARBORS, INC., IN CONNECTION WITH BID
90-91-149 FOR SPECIALIZED CLEANING SERVICES AT CITY WATERFRONT
FACILITIES.
(B) DIRECT CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CODE REQUIRING
THAT BID PROTESTS BE CONSIDERED PRIOR TO AWARD OF A CITY BID.
(C) DIRECT MANAGER TO INVESTIGATE, THROUGH DEPARTMENT OF POLICE, A NEW
PROCEDURE TO ENSURE THAT FREIGHTERS DO NOT SAIL FROM MIAMI
CARRYING STOLEN BICYCLES.
Mayor Suarez: Item 15. We had already passed on, I believe. And we are,
otherwise, reconvened. So we're at 16 right, Madam Vice Mayor?
Vice Mayor Alonso: Yes.
Mayor Suarez: Item 16, then. Approving that Chief Procurement Officers
decision to reject the protest received from Florida Clean Harbors, Inc. Do
we have... are we ready to deal with that? Is Florida Clean Harbor, Inc.
here? Do we need to do anything other than put into the record the...?
Commissioner Dawkins: Mr. Mayor, I'd like to move that this be continued
until 1 can get with Mr. Ron Williams...
Mayor Suarez: O.K.
Commissioner Dawkins: ... and with Mr. Wally Lee. I'd like to go and see
both these pieces of equipment. I haven't seen either piece of it.
Commissioner Plummer: Which ones, Mr...?
Commissioner Dawkins: The ones that cleans the seaweeds from the bay.
Commissioner Plummer: Oh, oh. So what do you want to with item 16? Defer
it?
Commissioner Dawkins: No, protest it. I mean, the whole thing. I mean, I
don't...
Mayor Suarez: Are you here on behalf of the protestors?
Commissioner Dawkins: ... alright. Let me ask him.
Mr. Jose M. Infante: I'm on behalf of South Florida Maintenance Services.
Commissioner Dawkins: O.K. Let me ask...
Mayor Suarez: Who won the bid, presumably?
Mr. Infante: Yes.
116 February 13, 1992
Mayor Suarez: Or who...?
Mr. Infante: I won the bid, right.
Commissioner Dawkins: O.K. Let me ask the Manager. Mr. Manager, if I,
somebody, anybody, if I, if we go ahead and deny the protest, do we
automatically award it to this company?
Mr. Odio: No, sir. All you're doing is saying "we don't agree with your
protest" and then we have to award the bid to the other, that's another step.
And we haven't done that.
Mr. Alberto Ruder: The bid has been awarded to him.
Mr. Odio: The bid was awarded already?
Mr. Ruder: At a previous meeting.
Mr. Infante: Yes.
Mr. Odio: At a previous meeting. O.K., you better explain then what?
Commissioner Plummer: Well, wait a minute. Was his protest timely?
Mr. Williams: Yes, Commissioner Plummer, but it was received after the bid
was awarded by this Commission.
Mr. Odio: But, I remember now we are...
Mayor Suarez: It was timely, but it was too late.
Mr. Williams: No, no, that's not what I said, Mr. Mayor. The code provides
that...
Mayor Suarez: That's the reaction it invoked, you know...
Mr. Williams: I'm sorry.
Mayor Suarez: ... it sounded that way.
Mr. Williams: I'm sorry, for clarification, the code allows that the award, I
mean, that the protest be filed...
Mayor Suarez: ... within certain...
Mr. Williams: ... when the protestor fines out about the award.
Mr. Odio: We award it, and he found out and then...
Mayor Suarez: And they're not here. That's interesting.
Commissioner Plummer: Well, wait a minute. You know, that sounds a little
dumb to me. Why would we allow a protest after the door is closed?
117 February 13, 1992
Mayor Suarez: I guess if we don't do it that way, they're not to sure that
they have anything to protest about.
Commissioner Plummer: No, the protest is from the time that they announce the
awarded, to the time it comes to this City Commission.
Mayor Suarez: And I guess you give them a certain period of time to try to
comply with procedural, you know, fairness... I suppose. How much do we give
them after the award, to protest?
Commissioner Plummer: Well, wait a minute. Let me ask another dumb question
because it's a dumb item. What happens if we don't reject his protest?
Mr. Infante: I'm not protesting.
Commissioner Plummer: Excuse me, I'm sorry.
Commissioner Dawkins: We aren't talking to you, sir.
Commissioner Plummer: What happens if we don't reject the protest?
Mr. Odio: The fact that you don't reject it, doesn't mean anything because
you already, by your action, awarded another...
Commissioner Plummer: Then, why is it in our agenda?
Mr. Odio: Well, we have to clean it up. I mean, we have to bring it...
Commissioner Dawkins: You're not cleaning it up.
Mayor Suarez: We have to hear from the protestor. But, the protestor is not
here.
Mr. Odio: Hopefully, we will hear him out and I don't know, really, what we
should do is once the bid is awarded, we should not bring any protest up here.
Mr. Williams: Well, that's certainly...
Commissioner Plummer: No, no. That's not the point. The point is that if a
person has a legitimate protest, it would seem like that, that protest time
would be prior to us making an approval.
Mayor Suarez: At least, finalizing it.
Commissioner Dawkins: That's right, before finalizing, that's right, Mr.
Mayor.
Mr. Odio: But, after the fact, he did it after the fact.
Mr. Williams: Commissioner Plummer, just quickly to clarify, at that time
that you heard this item, at the time that the recommendation came to you,
there was no protest filed. We certainly heard this Commission before, when
you said to us "don't bring us awards until you resolve the protest." In this
case, the code provides that a protestor, whenever, within fourteen days,
finds out about the award, may file a protest.
118 February 13, 1992
Commissioner Plummer: Then, you need to change it. You need to change it. I
mean, to have somebody protest after we've gone..o we look like fools.
Mayor Suarez: Before we finalize it, we should have a system of knowing about
a protest, and then hearing both.
Commissioner Dawkins: That's right.
Mr. Williams: Mr. Mayor, at the time of award, there was no protest.
Mayor Suarez: Is this like a simple public...
Vice Mayor Alonso: It was late.
Commissioner Dawkins: Then, he doesn't have
a protest then. If you've
made
the award...
Mayor Suarez: I guess we have certain number
of days...
Commissioner Dawkins: ... see, then there is
no protest.
Mr. Odio: You're right, Commissioner, you know, we need to change the
code
and that's what he's doing. Because the code says that we have to bring
them
'1
to you.
Mr. Williams: Mr. Mayor.
Commissioner Plummer: Is he going to get outside counsel?
Mr. Williams: No, we are not going to get outside counsel.
Mayor Suarez: Yes.
Mr. Jones: No, we will work to address that
problem. Because it is somewhat
of a confusion, there. So, we're working
to bring that... a revised
code
l
provision to you, hopefully the first meeting
in March.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Williams, is there
any provisions in there, that in
the event that this machine does not do what
we're looking for it to do,
that
- !
you can cancel?
Mr. Williams: Certainly, if...
Commissioner Dawkins: What does it say then? Tell me, now. But see, I don't
want to move to cancel it, and find out I can't cancel it, because the code
says 1 can't cancel it.
Mr. Williams: I'll have to find that provision in the spec.
Mayor Suarez: Get that, to see if it says, that we're the ones to decide if
it's functioning properly... some discretion for us...
119 February 13, 1992
Commissioner Dawkins: No, no. Wait a minute, hold it, hold it right there.
Where is J.L. Plummer?
Commissioner Plummer: Right here.
Commissioner Dawkins: He's sure that it says that if a Commissioner up here
feels that it's not functioning properly, and that Commissioner can get three
other Commissioners...
Commissioner Plummer: ... two...
Commissioner Dawkins: ... two other Commissioners, to feel that way, then
it's not functioning properly.
Mayor Suarez: Yeah, at our discretion then.
Commissioner Dawkins: O.K. Alright, thank you.
-� Mr. Williams: I don't believe it specifically says that Commissioner Dawkins,
but certainly the code provides for that change.
Commissioner Dawkins: Because this machine, and I haven't seen neither one of
them, but I do not see it doing what is needed to be done. I see, personally,
this machine leaving quite a bit of seaweed because it can't get up
against ... up in the rocks. So, it's not going to do what you say it is
supposed to do.
Mr. Infante: Can I interject something, Commissioner?
Commissioner Plummer: Can I ask another question? Mr. Williams.
Mayor Suarez: Wait, wait. I'm not sure you ought to say anything, because
you are the winning bidder. Right?
Mr. Infante: Right.
Vice Mayor Alonso: Yes.
Mayor Suarez: You awarded the contract.
Mr. Infante: My machine is performing the cleaning.
Mayor Suarez: You're performing it?
Mr. Infante: Yes, right.
Mayor Suarez: So, what could you possibly add that would help you in any way,
other than...?
i Commissioner Dawkins: He's already got the bid.
4
Mr. Infante: Well, no, I thought he was referring to my machine.
120 February 13, 1992
Mayor Suarez: Oh, well, yeah, he might be, but that's not what we're here on
today. We're here on a protest,...
Mr. Infante: Oh, O.K.
Mayor Suarez: ... and may be you ought to take him for a ride and drop them
off with the weeds,...
Mr. Infante: I'll be more than happy. That's exactly what I was going to do,
is to extend an invitation to whoever wants to ride our scooper.
Mayor Suarez: ... and then speed it up to about sixty-five miles an hour,
when he's on it, see if he falls off the back.
Commissioner Dawkins: See if the machine picks him up?
Mr. Odio: Maybe I can answer, Commissioner. Commissioner Dawkins, it says
here, "default the City shall be the sole judge..."
Mayor Suarez: That's the wording.
Mr. Odio: "... of nonperformance, which shall include any failure on the part
of the successful bidder to accept the award."
Commissioner Dawkins: That's, what...
Mayor Suarez: That's the wording.
Commissioner Dawkins: ... that's what... Thank you. No further questions.
Mayor Suarez: Alright, do we need to? - does anybody need to say anything
else about the protest?
Commissioner Plummer: No, I want to ask a question. Mr. Manager, you told
me in a memo, that we had no control over the freighters in the river. That
once, if in fact, stolen property was taken aboard one of those freighters,
and out of Miami, once it got on to the freighters, we had no control. Now,
why are we cleaning up the river?
Mr. Odio: There's a portion of the river that we are responsible for the
waterway up to 27th Avenue, I believe it is. We have some responsibilities on
the river.
Commissioner Plummer: What control, if we have no control, why are we having
to clean it, if we have no...?
Mr. Odio: We do not have jurisdiction over foreign vessel flags, or any other
ships, that we don't have the custom's authority, or INS(Immigration and
Naturalization Service), or any kinds of those authorities. No, we don't.
Commissioner Plummer: And you have no authority to have someone at the gate
checking that merchandise when it comes in? I'm talking about, literally,
thousands of bicycles, and we have no control over that. Is that what you're
telling me?
121 February 13, 1992
Mr. Odio: I didn't say we had no control over the land as...
Commissioner Plummer: Well, your memo said that we couldn't do anything.
Mr. Odio: The memo says we couldn't do anything to freighters, and, again,
no, we cannot.
Commissioner Plummer: O.K. I accept that.
Mr. Odio: That's what the police...
Commissioner Plummer: But, are you telling me that all of the merchandise
that's going on those freighters, and I want to tell you that some of it is
going on there one hour before sailing time, about three o'clock in the
morning, that we have no right to check what goes through that gate?
Mr. Odio: I didn't say that. I don't remember that.
Commissioner Plummer: Well, then, why aren't you telling me you are going to
do something about it.
Mr. Odio: Why don't you ask me that, and then I'll tell you, we...
Commissioner Plummer: Would you think my memo was just to create paperwork?
Mr. Odio: No, you asked me a silly question, and that's what you got.
Commissioner Plummer: That's a silly question. Ohl
'i Commissioner Dawkins: You got a silly... Ohl Ohl J.L.'s a silly
commissioner.
Commissioner Plummer: Well, I would only send silly questions to a silly
manager.
Mr. Odio: Well, everybody is silly around here.
j Commissioner Plummer: Well, what I'm saying to you is, I talked to you about
the man who followed the guy on his stolen bicycle down to the boat as it went
aboard, when the police were called, was told that they couldn't do anything
about it. Now, if that's silly, I'll call that man and tell him that the
,j
Manager thinks that his bicycle was being stolen, and we can't...
Mr. Odio: You asked me if we can do anything on the freighters. If the
bicycles are caught before they get there, or somebody stealing bicycles, of
course, we can do something.
Commissioner Plummer: What are you doing about it, from a City standpoint, to
check and make sure that, that stuff that is going on those freighters, is not
perfectly legitimate stuff going on those freighters?
Mr. Odio: I'll have to ask the Police Department, if they have a group
working on that? Joe, are you familiar with that? But, if not, I can come
back with an answer on that part.
122 February 13, 1992
-i Mayor Suarez: Alright, after you retrieve it from the silly memorandum
_-
Mr. Odio: Right.
Vice Mayor Alonso: He carries the files of the Police Department.
Mayor Suarez: ... but, you know, I know a lot of my memos are in that file, I
can tell.
Commissioner Plummer: Rest assured, he will pay for that statement.
Mr. Odio: But, I didn't say you were silly, I said that... you said that I
was...
Commissioner Dawkins: He said a silly memo, O.K.
Commissioner Plummer: He's getting deeper and deeper.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: Plummer is right. I passed down there, and you see,
literally, thousands of bicycles on every freighter that leaves. And it would
seem the normal thing to do, would be for the City of Miami Police to be
there, and as they start to load these many bicycles, ask for a bill of sales.
Ask for anything demonstrating that these vehicles, I mean, these items were
purchased. If you cannot show a bill of sale, they're stolen. So, you don't
allow them on there. But...
Commissioner Plummer: No, what you do is you confiscate them until they
produce a bill of sale.
Commissioner Dawkins: Oh, Lord. Where we put all those confiscated bicycles?
Commissioner Plummer: We give the bikes away at every Christmas time, and
about three of four times a year.
Commissioner Dawkins: Because, it's thousands of them.
Mayor Suarez: No, 1t takes a while for that process to be able to work itself
through. It would be a bit of a logistic...
Commissioner Plummer: Hey, all you got to do it, is for thirty days, and
they're not going to do it anymore.
Mayor Suarez: It's a logistical problem, but we have to do it. We can't just
let the bikes leave without any documentation.
Vice Mayor Alonso: They hold it for thirty days?
Commissioner Plummer: Yeah, that's all.
123 February 13, 1992
�� Ag
-t
i
Mayor Suarez: Back to the sweeper, whatever we call it. Is it not logical,
at this point, to reject a protest if the protestor is not here? Not only
that, they filed a protest after, even though within the code, after the
award. So?
Commissioner Plummer: What was the basis of their protest? Hello.
Ms. Judy Carter: Where is my...
Commissioner Plummer: I'm calling collect. Hello.
- Commissioner Dawkins: If you haven't been paying, punch one.
{{ Commissioner Plummer: Hello. Is anybody home?
f Commissioner Dawkins: If you have been paying, punch two.
Mr. Ron Williams: Yes, sir. We're getting you that specific answer,
Commissioner Plummer.
Mayor Suarez: Alright.
Commissioner Dawkins: If you calling from a rotary, dial three.
Commissioner Plummer: What I like, well prepared people.
i
Mr. Williams: The general basis of the protest what that the vendor that
we're specifically making the award to, or that you did make the award to,
Just generally they are saying they can't do the work. And also, there was
concern about the hourly rate versus the rate per day, and basically the
department has decided the amount of cleaning they want to do, and our
computation based on the amount of cleaning, the hours that they want to
perform this cleaning service, indicates that the award that you made is to
the lowest and responsible bidder.
4 Commissioner Plummer: And how much is the award to this company who has been
}
granted the award?
Ms. Carter: It's approximately $22,000. Their bid was lowest on a per hour
basis of $115.00 per hour. Though various alternate price items, that the
City asked that each vendor submit. The City also indicated that they have
the authority, or retain the authority, to determine which was the most
advantageous price to utilize.
Mayor Suarez: Given our needs.
Ms. Carter: Flat rate versus hourly rate
- Yes, given your needs versus half -
day cleaning.
Mayor Suarez: If the Commissioners want
to
delve much more into this, they
may do so, of course. Otherwise, I think
the
basic question, was what was the
total value of the contract? I think that's
what he wanted to know. And you
know, we can't...
124
February 13, 1992
a
Ms. Carter: Yes, approximately $22,000.
Mayor Suarez: Alright, $22,000. If it's otherwise in order, I will entertain
a motion to reject the protest?
Commissioner Plummer: So moved.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded it. Any discussion? If not, please call the roll.
Mr. Infante: Thank you.
Commissioner Plummer: Well, wait a minute. Have we resolved Dawkin's problem
about...
Vice Mayor Alonso: No, he was in agreement. Right?
Mayor Suarez: No, that's what I was going to say but I wanted to vote on this
first, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-96
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST RECEIVED FROM FLORIDA
CLEAN HARBORS, INC., IN CONNECTION WITH BID NO. 90-91-
149 FOR SPECIALIZED CLEANING SERVICES AT CITY
WATERFRONT FACILITIES, AS IT HAS BEEN DETERMINED TO BE
WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
!` NOES: None.
ABSENT: Commissioner Victor De Yurre
Mayor Suarez: Yes, there are, put on the record, certain observations or
' doubts, about the ability of your equipment to do exactly what we hoped it
would do. And you ought to address those at the appropriate time with
125 February 13, 1992
Commissioner Dawkins, and anyone else who's interested in that, because we
don't want to be fleeced. And we do have, apparently, a provision that says,
if we don't think in our judgment, that it's doing what we expected it do, we
can cancel the contract.
23. EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS OF LEONARD
MELLON.
Commissioner Plummer: Mr. Mayor, so I don't forget it, could I make a motion
at this time that this Commission with sympathy recognizes the death of Mr.
Leonard Mellon. The Department of State, excuse me, the State of Florida
Department of Motor Vehicles Florida Highway Patrol. He was formerly in this
community for many years as the Chairman of the Crime Commission and a good
friend of this community, and I would offer at this time a resolution to be
forwarded to the family.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-97
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE
CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND
FRIENDS OF LEONARD MELLON UPON HIS UNTIMELY DEATH.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
126
February 13, 1992
r
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24. (A) (Continued Discussion) RECONSIDER PRIOR VOTE ON AGENDA ITEM 159
ACCEPTING BID OF EMERGENCY VEHICLE, INC. FOR PURCHASE OF ONE
RESCUE VEHICLE (SPIRIT OF MIAMI).
(B) DEFER FURTHER MEETING CONSIDERATION (See labeOF PROPOSED ACCEPTANCE OF SAID BID TO
Mayor Suarez: Yes, item 17. City Parking System Revenues.
Vice Mayor Alonso: Mr. Mayor, before we go into that, I just want to put for
the record. The received a fax from an Emergency Vehicle Fabricator, Inc. It
came at, well after lunch,...
Commissioner Plummer: I gave the Manager a copy... He's looking into it.
Vice Mayor Alonso: You gave the Manager...? It mentioned and just for the
record, it makes references about a bid that we already awarded this morning
of ninety-eight thousand. And he mentioned, that they had made an offer to
the City of $20,000 less than the next highest bid. I had no knowledge, and
I'm sure none of you, had any information about this. I just wanted to say,
of the record, that we got it after the fact. So, very little we can do about
that.
Commissioner Plummer: Well, no, no, no. I think it's...
Vice Mayor Alonso: And we referred to the Manager...
Commissioner Plummer: ... If in fact, that, that is realty, I think we can
do a lot about it.
Vice Mayor Alonso: Well, they said, that they had also mistakes in the
process... blank pieces of paper. I don't know if that...
Mr. Odio: ... they were disqualified.
Commissioner Plummer: Why were they disqualified?
Mr. Odio: Because,... I have to check the paperwork, but they were...
Mr. Jones: Apparently, they were pages from the bid, necessary pages that
were missing...
Commissioner Plummer: Their contention, as I recall reading that letter, was
that they did not lose the papers.
Mr. Jones: We don't know that to be the case, Commissioner.
Vice Mayor Alonso: Twenty thousand dollars is a lot of money.
Commissioner Plummer: Well, you know, that's the point. The point is that if
they are providing the same type of vehicle for $20,000 less,...
127 February 13, 1992
Is #
Vice Mayor Alonso: Yes.
Commissioner Plummer: ... I think, we need to go back and look at this whole
scenario. Now, don't tell me that you're going to buy the ninety-eight
thousand, because a couple of pages were moving. If you want to tell me, that
they're not providing the same equipment, or they're providing different
equipment, but I'm not buying a couple of pages for $20,000.
Chief Huddleston: Mr. Mayor, Commissioners, I can respond to the letter that
I just had an opportunity to read at lunch time. We were trying to move as
quickly as we could, to award the bid to the new truck, I mean, to the
company for the new truck trying to make this Commission meeting. Some of
information that was supposed to be forwarded to us in the bid, packages, were
not. That happened to be the case with this company. We tried to make
contact with them, and get that information before the deadlines, to get this
item on the Commission. We weren't able to. We have absolutely no
preference, as far as the quality of the vehicle is concerned, on any one of
these companies. So, it was aimply the...
Commissioner Plummer: Well, I think, the first paragraph answers it, Chief.
We are the company that's built, at least, the last ten new ambulance rescue
units purchased by the City. Now, obviously, they know what we're using and
their bid is twenty thousand less.
Chief Huddleston: That is correct. And the problem that we had, was there
was a part of their bid package that was missing, and was not provided to us
in the timely enough fashion, to consider them.
Commissioner Plummer: Is there anything in this vehicle that is different
than the past ten that they've built?
Chief Huddleston: No, the specifications are identical. The problem...
Commissioner Plummer: Mr. Mayor,...
Vice Mayor Alonso: So, I think, we can save $20,000.
Commissioner Plummer: ... what item was this?
Chief Huddleston: This was item 15.
Vice Mayor Alonso: Fifteen.
Commissioner Plummer: Mr. Mayor, at this time, I rescind. I ask for
reconsideration of item 15.
Mayor Suarez: Move to reconsider item 15.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion, if not, please call the roll.
128 February 13, 1992
U
U
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-98
A MOTION TO RECONSIDER THE PREVIOUSLY TAKEN VOTE ON
AGENDA ITEM 15 (A RESOLUTION WHICH HAD ACCEPTED BID OF
EMERGENCY VEHICLE, INC. FOR THE PURCHASE OF ONE RESCUE
VEHICLE (SPIRIT OF MIAMI) FOR THE DEPARTMENT OF FIRE,
RESCUE AND INSPECTION SERVICES, AT A TOTAL PROPOSED
COST OF $98,093). (NOTE: See M-92-99.)
Upon being seconded by Vice Mayor Alonso, the motion 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.
Commissioner Plummer: At this time, I make a motion that item 15 be deferred
until a definitive justification can be brought back to this Commission.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-99
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 15 (SEE
M 92-98 ABOVE) UNTIL A MORE ACCEPTABLE JUSTIFICATION
IS PRESENTED BY THE ADMINISTRATION JUSTIFICATION IS
PRESENTED BY THE ADMINISTRATION TO THE CITY
COMMISSION.
{ Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
ii
i
i
129 February 13, 1992
l
i -
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.
} Commissioner Dawkins: While we all think like this, can I move 49 out of
order? Mr. Mayor.
Commissioner Plummer: No.
Mayor Suarez: Yes, if it's otherwise proper in our...
Commissioner Plummer: No, no.
Mayor Suarez: ... notice requirements. Forty-nine is scheduled for 4:35 p.m.
We have a public hearing...
Commissioner Dawkins: That's O.K. then, I'll wait.
Commissioner Plummer: You can't do it.
Commissioner Dawkins: I can wait.
Mayor Suarez: It may be something that's so non -controversial that... I would
do it at 4:30.
Commissioner Dawkins: I can wait until 4:30.
25. PROVIDE FOR ISSUANCE OF CITY'S PARKING SYSTEM REVENUE BONDS, SERIES
1992A ($5,500,000), FOR PURPOSE OF: (a) REFUNDING CITY'S SUBORDINATED
PARKING SYSTEM REVENUE BONDS, SERIES 1990 AND CITY'S OBLIGATION UNDER A
PARTICIPATION AGREEMENT WITH FIRST MUNICIPAL LOAN COUNCIL; AND (b) THE
ISSUANCE OF CITY'S PARKING SYSTEM REVENUE BONDS, SERIES 1992E
($2,000,000), FOR PURPOSE OF REFUNDING CITY'S SUBORDINATED PARKING
SYSTEM REVENUE BONDS, SERIES 1986.
------------------------------------------------------------------------------
Mayor Suarez: Alright, item 17. City's Parking System Revenue Bonds, five
million five hundred thousand. This is a refinancing, I presume? You want to
address this or, - Mr. Cook, - or who? No? If anybody has any questions?...
Mr. Clark Cook: Mr. Mayor, if anyone has any questions, we'll be glad to
answer them.
Commissioner Dawkins: Alright, I got one question. What's your ethnic
breakdown in administration?
130 February 13, 1992
Mr. Cook: Overall, Commissioner Dawkins, ninety-two percent and the agency...
depends what you want to call administration. If I stretch administration
out, it becomes a... But in the top two people ... top person...
Commissioner Dawkins: Alright, wait, wait, Mr. Cook. Wait, Mr. Cook, wait
one minute. Mr. Cook,...
Mr. Cook: ... yes.
Commissioner Dawkins: ... how many black or Latins do you have earning from
seventy-five to one hundred fifty thousand dollars at the off-street parking?
Just answer, just give me the number.
Mr. Cook: None, sir.
Commissioner Dawkins: How many blacks or Latins do you have earning between
seventy-five and one hundred thousand dollars?
Mr. Cook: None, sir.
Commissioner Dawkins: Alright. How many blacks or Latins, do you have
earning between fifty and seventy-five thousand dollars a year?
Mr. Cook: Commissioner, I'd have to check the rolls. I wouldn't want to give
you bad information. I'll be glad to provide that information to you.
Commissioner Dawkins: Alright, so now, getting back to you, what do you call
administration?
Mr. Cook: Well, it depends how you break the organization down. There is an
administration organization, which goes down to some people who are certainly
in that category.
Commissioner Dawkins: O.K.
Mr. Cook: But, I'm not trying to hide behind that. The top three people of
that are not black.
Commissioner Dawkins: No problem. Let me ask you one question.
Mr. Cook: Yes?
Commissioner Dawkins: As long as you've been an administrator, as long as I
have been an Administrator, I say, me, and I hope you say the same thing, if
you control a budget you're in charge. Would you say that's a fair statement?
Mr. Cook: Yes, sir. That's exactly correct.
Commissioner Dawkins: We don't have any black folks over there controlling
the budget. Right?
Mr. Cook: You have a black gentlemen who...
131 February 13, 1992
Commissioner Dawkins: Controlling a budget?
Mr. Cook: ... who controls his budget...
Commissioner Dawkins: Who can hire and fire? Control a budget who can hire
and fire?
Mr. Cook: Yes, sir, we have a person who can hire and fire.
Commissioner Dawkins: Who?
Mr. Cook: And in my opinion, they can.
Commissioner Dawkins: O.K., hold it, hold it. Mr. Mayor, don't let me... I
will come and have coffee with you.
Mr. Cook: You do that.
Commissioner Dawkins: You bring out your...
Mr. Cook: I'll bring out my organization chart, and show you what I'm trying
to do with it.
Commissioner Dawkins: No, no.
�!
Mayor Suarez: How many total employees?
Commissioner Dawkins: Show me people. Damn a chart!
Mayor Suarez: How many?
.
Mr. Cook: You got it.
Commissioner Dawkins: O.K., I don't need to see no
blocks, unless you got a
person in the block.
Mr. Cook: You have my word.
Mayor Suarez: Clark, it's not that big an agency,
that you shouldn't have
some of these things in your mind. I'm...
Commissioner Dawkins: Well, he just got there.
Mayor Suarez: Yes, I know, I know, but that you don't know how many people
make over $50,000 a year, worries me. Make sure you
get that real quick.
Mr. Cook: I assure you that I will.
I
Mayor Suarez: Alright.
�;.
Mr. Cook: I have several people making towards that
area, but I wouldn't want
to mislead you.
132
February 13, 1992
►_3
11
Mayor Suarez: Now, in the City of Miami as a whole, we've been through
that... how many people make over fifty? Haven't we, Charlie? I remember
some charts about that. But...
Vice Mayor Alonso: If we have two more, we're ready to take care of that.
Mayor Suarez: Yes. But in the Off -Street Parking Authority, you know, you
should know how many people make over fifty thousand, and fairly easily be
able to identify if they're Hispanic or black? Now, on this bond issue, who
do we need to hear from? You, sir, counselor, anybody? We're not in public
hearing, Manolo. After...
Commissioner Dawkins: They're responsible for it, Mr. Mayor.
Mayor Suarez: We are... we'll take your input, because we're after three, and
I don't know how to tell you that you don't have a right to be heard. But
we'll let you have a couple of minutes, anyhow. Alright.
Mr. Manuel Gonzalez-Goenaga: O.K., thank you.
Commissioner Plummer: Question. Mr. Cook, on the backing of these bonds is
usually the revenue generated by meters. Is that correct?
Mr. Cook: It's the revenue generated by the entire parking authority, sir.
The meters are the primary part of that.
Commissioner Plummer: Do you predicate those meters on X number of dollars?
In other words, you predicate your revenue or do you predicate it on actual
revenue taken in?
Mr. Cook: By actual revenue taken in.
Commissioner Plummer: O.K., my concern is that there are so many meters in
this community, - I'll show you five that you can't find because of the weeds,
O.K.7... that we have meters everywhere, and for example, along Bayshore
Drive, there must be at least thirty-five meters that are never used. Day or
night, they're there, but they're used. And so, I want to make sure that
these bonds are sold predicated on revenue, actually dollars in hand,...
Mr. Cook: That is correct.
Commissioner Plummer: ... and not a formula that says each meter brings in so
much money.
Mr. Cook: I can assure that.
Mayor Suarez: Alright, on the item before us, any other questions from the
Commission?
Commissioner Plummer: Where is Carlos Garcia?
Mayor Suarez: Alright.
133 February 13, 1992
Commissioner Plummer: Is this not a finance item? I mean, it would seem like
we'd have the finance director here, to give us his recommendation. 1 don't
give a damn whose it is. I want Carlos Garcia on the record that he's gone
over this and that he feels that it is good for the City.
Commissioner Dawkins: ... And that it would not cost the City any money.
Commissioner Plummer: Remember, that in the final analysis, full faith and
credit of this City back these bonds.
Mr. Carlos Garcia: I have not reviewed that transaction.
Commissioner Plummer: Why haven't you?
Mr. Garcia: Because off-street parking is an autonomous entity of the City.
They do their own financing.
Commissioner Plummer: They're not autonomous, if they go in default and we
have to pay it. Now,...
Mayor Suarez: Is there full faith and credit of the City of these bonds?
Mr. Garcia: No, no, sir. It is not because the taxing...
Mayor Suarez: I wanted to correct that because he just stated the opposite,
so...
Commissioner Plummer: No?
Mr. Cook: Strictly on parking, go ahead, please.
Mr. David Kaplan: Commissioners, these are revenues bonds.
Mayor Suarez: Name on the record, please.
Commissioner Dawkins: Pull the mike down, sir, so we can hear you.
Mr. Kaplan: David Kaplan, with offices at 25 West Flagler. These are revenue
bonds. The full faith and credit of the City is not...
Commissioner Plummer: ... strictly revenue.
Mr. Kaplan: Yes, sir.
Commissioner Plummer: O.K.
Mayor Suarez: Alright... any, yes?
Commissioner Plummer: Let me say this is the future, Mr. Mayor...
Mayor Suarez: Yes.
Commissioner Plummer: ... any bond issues you're going to have, I would
appreciate, and I think this Commission would, that you run them through our
134 February 13, 1992
Finance Director, because I'm going to be looking to him for a recommendation.
O.K.?
Mr. Kaplan: Yes, sir.
Mayor Suarez: That's tribute to our Finance Director and a lot more work.
Commissioner Plummer: And Carlos, for your information, I'm going to ask you
to go over this bond issue, and if you find any problems, I want you to come
back to this Commission and tell us so.
Mayor Suarez: Mr. Gonzalez-Goenaga, two minutes, sir. Commissioners, 1 don't
_ require, but I strongly suggest that we let him do his two minutes.
Mr. Gonzalez-Goenaga: Well, as bad as... please, I cannot be interfered. As
bad as there are no blacks in your authority, yet we have a hidden black
emperor in this issue of bonds, Mr. Howard Gary. I would like to question
the ... since this is in a negotiated basis issue, why it has to be a negotiated
basis? - question number one. Already, this is a private placement. So, if
you have the purchaser, and I a little dumb, or please correct me if I am
wrong, if you have a private placement, we have a definite buyer for the
bonds. Why do we need this type of negotiated basis, if it's already a
private placement? And why do we have so many intermediaries, like Mr.
Howard Gary? And I would like to know the financial statement of that
emperor. I want to know if it is Drefel Burham type of operation or a
Merrill Lynch? - his capitalization? - his qualifications? Because, just
because he is black and because he is the ex -manager of the City of Miami, and
we have read, and I'm sure that you, Commissioners have read the Miami Herald
that the antidefamation league doesn't want to be heard. It appears, read on
articles of Howard Gary regarding the "Metro Cifarra" with the bonds issue.
Commissioner Plummer: Oh, I know that word now.
Mr. Gonzalez-Goenaga: Well, why, and I asked and I have asked over and over
and over again for, in request of information, and I have not been given a
full and fair disclosures of my specific questions. I might be crazy, but not
dumb. Thank you very much.
Mayor Suarez: Alright, thank you, sir.
Commissioner Dawkins: Mr. Mayor, Mr. Mayor.
Mayor Suarez: Commissioner.
Commissioner Dawkins: Let the records reflect that the gentleman who just
spoke does not live in the City of Miami, does not pay any taxes in the City
of Miami and does go to the City Commission of Coral Gables where he lives and
disrupt the meetings, as I think, he's doing now. Thank you.
Mayor Suarez: Alright,.very good. Sir, have a seat.
Commissioner Dawkins: You vote in the City.
Mayor Suarez: Yes, we...
135 February 13, 1992
Commissioner Dawkins: Where are get...
Mayor Suarez: We might ought to investigate...
Commissioner Dawkins: Let the records reflect that you live where you get
Homestead Exemption, not where you....
Mr. Gonzalez-Goenaga: I don't have any...
Mayor Suarez: Alright. No, no, please sir, you've had your turn.
Commissioner.
Commissioner Plummer: Is this bond issue negotiated...
Mr. Gonzalez-Goenaga: But I need to rebut the infamy of Commissioner Dawkins.
Commissioner Dawkins: The emperor Howard Gary. That's right. That is my
emperor.
Mayor Suarez: Alright, sir. Have a seat.
Commissioner Plummer: No, no. He said emperor heathen. You heard the
heathen.
Mayor Suarez: O.K., on item 17. Yes?
Commissioner Plummer: Is this negotiated or competitive?
Mr. Kaplan: Commissioner, there's two series of bonds. One series for five
thousand five hundred are negotiated, one series, I'm sorry, for two million
dollars...
Mayor Suarez: ... yeah... you said five thousand five hundred, it was five
point five million.
Mr. Kaplan: Five million five hundred thousand is negotiated. Another is
private placement. The private placement is an exchange of bonds to a single
bond holder.
Commissioner Plummer: And why are you going the negotiated route instead of
the competitive?
Commissioner Dawkins: Because it's board directed.
Mr. Clark Cook: We asked our financial advisor to look at that and tell us
what is the best way to go. Mr. Dick Montal-bano did that. He wrote an
article on that, and said negotiated was the best way to go in this particular
! case. We asked him to put it in writing because of the recent stories that
had been in Herald, and we wanted to be... our board wanted to be sure they
were doing the right thing.
Commissioner Plummer: Who recommended that?
136 February 13, 1992
Mr. Cook: Dick Montalvano.
Commissioner Dawkins: Pete, Dick, but not Howard Gary?
Mr. Cook: No. Howard Gary did not recommend.
Commissioner Dawkins: O.K., thank you.
Mayor Suarez: No, it had nothing to do with... may we... may I suggest, Mr.
Manager, that we schedule for general discussion here, the whole issue of
negotiated bond purchases versus or emission versus sealed competitive... I
was impressed with a lot of the things that came out in those articles,
actually.
Commissioner Dawkins: Call the roll.
Mayor Suarez: Alright, on item on 17, do we have a motion and a second? I
believe we do. No? O.K.
Commissioner Plummer: I'll move it.
Mayor Suarez: Moved it.
Commissioner Dawkins: Well, since it doesn't cost the City anything, I second
it.
Mayor Suarez: Second, call the roll.
137 February 13, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-100
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI, WITH ATTACHMENTS, PROVIDING FOR THE ISSUANCE OF
THE CITY'S PARKING SYSTEM REVENUE BONDS, SERIES 1992A9
IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$5,500,000 FOR THE PURPOSE OF REFUNDING THE CITY'S
SUBORDINATED PARKING SYSTEM REVENUE BONDS, SERIES 1990
AND THE CITY'S OBLIGATIONS UNDER A PARTICIPATION
AGREEMENT WITH THE FIRST MUNICIPAL LOAN COUNCIL AND
THE ISSUANCE OF THE CITY'S PARKING SYSTEM REVENUE
_ BONDS, SERIES 1992B, IN THE AGGREGATE PRINCIPAL AMOUNT
OF $2,000,000 FOR THE PURPOSE OF REFUNDING THE CITY'S
SUBORDINATED PARKING SYSTEM REVENUE BONDS, SERIES
1986; PROVIDING FOR THE ISSUANCE OF SAID BONDS AS
ADDITIONAL BONDS ON A PARITY WITH THE CITY'S PARKING
SYSTEM REVENUE BONDS, SERIES 1986; FINDING THAT THE
_ REQUIREMENTS FOR THE ISSUANCE OF ADDITIONAL BONDS WILL
BE SATISFIED PRIOR TO THE ISSUANCE OF SAID BONDS;
PROVIDING THE FORM OF SAID BONDS; AWARDING THE SALE OF
SAID SERIES 1992A BONDS TO HOWARD GARY & CO., FIRST
EQUITY CORPORATION OF FLORIDA, AMERISECURITIES CAPITAL
CORP., ARGYLE SECURITIES, AND GUZMAN & COMPANY ON A
NEGOTIATED BASIS; APPROVING THE SALE OF SAID SERIES
1992B BONDS TO NORTHERN TRUST BANK OF FLORIDA, N.A.,
AS TRUSTEE IN A PRIVATE PLACEMENT; ESTABLISHING
CRITERIA FOR DETERMINING THE INTEREST RATES,
MATURITIES, AND REDEMPTION PROVISIONS FOR SAID SERIES
1992A AND SERIES 1992E BONDS; AUTHORIZING THE CITY
MANAGER OR ASSISTANT CITY MANAGER TO APPROVE FINAL
PRINCIPAL AMOUNTS, MATURITIES, INTEREST RATES,
REDEMPTION PROVISIONS, AND AMORTIZATION REQUIREMENTS,
IF ANY; APPROVING THE FORM OF AND AUTHORIZING THE
MODIFICATION AND EXECUTION OF A BOND PURCHASE
AGREEMENT RELATING TO SAID SERIES 1992A BONDS;
APPROVING THE FORM OF AND AUTHORIZING THE MODIFICATION
AND EXECUTION OF A PRIVATE PLACEMENT AGREEMENT
RELATING TO SAID SERIES 1992E BONDS; APPROVING THE
FORM OF A DRAFT PRELIMINARY OFFICIAL STATEMENT
PERTAINING TO SAID SERIES 1992A BONDS AND AUTHORIZING
THE APPROVAL AND DELIVERY OF A FINAL OFFICIAL
STATEMENT; APPROVING THE FORM OF AND AUTHORIZING THE
MODIFICATION AND EXECUTION OF AN ESCROW DEPOSIT
AGREEMENT AND DESIGNATING AN ESCROW AGENT THEREUNDER;
DESIGNATING THE TRUSTEE, BOND REGISTRAR,
AUTHENTICATING AGENT AND PAYING AGENT FOR SAID BONDS;
AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO EXECUTE
ANY DOCUMENTS OR TO TAKE ANY ACTIONS REQUIRED IN
CONNECTION WITH THE ISSUANCE OF SAID BONDS AND THE
REFUNDING OF BONDS TO BE REFUNDED WITH THE PROCEEDS
THEREOF; AND PROVIDING AN EFFECTIVE DATE.
138 February 13, 1992
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
-I 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
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: With the stipulation that I'll be looking at this, and
I will not pass any budget for them unless they get a better track record with
minorities. I vote yes.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Alonso: We were so excited, when we gave that vote.
Mayor Suarez: Yes. You can tell that they're brimming with excitement. No
reservations, whatsoever.
i
j------------------------------------------------------------------------------
26. ACCEPT BID (AS MODIFIED): MARTIN LAMAR UNIFORMS, AND FURNISHING UNIFORMS
AND ACCESSORIES FOR POLICE DEPARTMENT.
------------------------------------------------------------------------------
Mayor Suarez: Item 18.
Commissioner Dawkins: Eighteen, O.K.
Commissioner Plummer: Mr. Mayor, on item 18, as you know, I asked this matter
to be deferred. I will make a motion with the following stipulations. That
the items of the bid... I'll read them into the record. Items number 20,
which is the motorcycle helmets, the riding boots, item number 41, at $250.00
each, item 42, the riding boots for enforcement, this is $416.00 each, and
item 43, the leather jackets, so specified, at $310.00 each, and I'll leave
item 80 out, as you requested, the holsters. The puts, yeah, where were the
puts? What number was that? And the puts... Mr. Mayor, I also will
recommend that the Administration, during this period of one year, before the
second at our option is exercised that it is been very revealing of how other
cities are buying their uniforms. Coral Gables, for example, buys pants for
the uniforms at $6.00 less than we do. And when you start talking $3500...
139 February 13, 1992
W
11
Mayor Suarez: As the Commission Awareness, oversight...?
Commissioner Plummer: We'll be looking into it.
Mayor Suarez: ... Commissioner, I will defer to your judgment on the cost of
all of the uniform items, underwear, et cetera, of the Police Department, and
I'm ready to vote, if it has your recommendation.
Commissioner Plummer: I move it, with the exception of those items which, in
fact, I specified for the record, is what I so move.
Mayor Suarez: So moved.
Commissioner Plummer: And understanding, please, that the record of last
year, Mr. Mayor, were set aside... this is a maximum number of $400,000.
Mayor Suarez: O.K.
Commissioner Plummer: The bid last year, I think, was around $300,000, of
which was not used, and I've told them that if I find next year, underwear for
the bowling team in the agenda, then there's going to be hell raised.
— Mayor Suarez: Alright, moved with all those provisos and fine points,
everything that's been uncovered, also in the record, do we have a second? T-
shirts, the whole bit.
Vice Mayor Alonso: Second.
Mayor Suarez: Any discussion? If not, please call the roll.
Mr. Manuel Gonzalez-Goenaga: Yes, discussion, a little one.
Mayor Suarez: I don't think this one really is proper. It's not a public
hearing, and it's an internal matter of the City. You can comment on it, when
we get to the Public Hearing Section. Call the roll.
Mr. Raul Martinez: Yes, to clarify the record, the Police Department never
bought bowling underwear.
Mayor Suarez: Bowling underwear?
Mr. Martinez: Yeah, we never bought underwear for the Police Department.
Mayor Suarez: I didn't think he meant to say that in seriousness, but call
the roll.
Commissioner Plummer: Mr. Mayor, just for the record, they called me on the
carpet for that this morning. I'll be glad to show you, in very plain
j English, bowling underwear in the record. Now they're trying to tell me it
is ...
Mayor Suarez: You know what's going to happen? Out of all the important
things we decided today, the Herald is going to pick up on that, and make that
the blank headline for...
140 February 13, 1992
Commissioner Plummer: No, I got something better for them. I got something
better for them a little later.
-4
_I Mayor Suarez: O.K., alright. When we get to something better than bowling
underwear as the headline... I can't imagine what it might be. Call the roll,
please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-101
A RESOLUTION ACCEPTING THE BID OF MARTIN LAMAR
UNIFORMS FOR FURNISHING ON A CONTRACT BASIS FOR A
PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS UNIFORMS AND
ACCESSORIES FOR THE DEPARTMENT OF POLICE AT A TOTAL
PROPOSED FIRST YEAR COST OF $385,179.00; ALLOCATING
FUNDS THEREFOR FROM THE GENERAL OPERATING BUDGET
ACCOUNT CODE NO. 290201-075; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR THESE SUPPLIES AND
THEREAFTER TO EXTEND THIS CONTRACT FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS AT THE PRICES, TERMS
AND CONDITIONS SET FORTH IN SAID VENDOR'S BID RESPONSE
(BID NO. 90-91-146), SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor Be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Plummer: I will recommend to the Manager that tomorrow is not to
soon to start working on next year's contract, because I'm not going to go for
this again.
141 February 13, 1992
------------------------------------------------------------------------------
_ 27. ACCEPT BID: MIRI CONSTRUCTION, INC. (TOTAL BID), FOR TAMIAMI STORM
SEWER PROJECT PHASE III B-5582 (CIP 352190) -- EXECUTE CONTRACT.
------------------------------------------------------------------------------
Mayor Suarez: Alright, 19, I will entertain a motion.
Commissioner Dawkins: Move it.
Mayor Suarez: Miri Construction, moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded it. Any discussion? If not, please call the roll.
Commissioner Plummer: Move it.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-102
A RESOLUTION ACCEPTING THE BID OF MIRI CONSTRUCTION,
INC., IN THE PROPOSED AMOUNT NOT TO EXCEED
$688,001.00, TOTAL BID OF THE PROPOSAL, FOR TAMIAMI
STORM SEWER PROJECT PHASE III B-5582; WITH MONIES
THEREFOR ALLOCATED FROM THE FISCAL YEAR 1991-92
CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT NO.
352190, IN THE AMOUNT OF $688,001.00 TO COVER THE
CONTRACT COST AND $138,350.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $826,351.00;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM.
(Here follows body of resolution,. omitted here and on
file in the Office of the City Clerk.)
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.
142 February 13, 1992
28. RESCIND RESOLUTION 91-650 -- AUTHORIZE MANAGER TO NULLIFY CONTRACT WITH
MET CONSTRUCTION, INC., AND ACCEPT BID OF MONOKO, INC. (D/B/A QUALITY
PAINTING AND CONSTRUCTION CO.) FOR THE N.W. 7 STREET BRIDGE RENOVATIONS
B-4546 (CIP 341175).
------------------------------------------------------------------------------
Mayor Suarez: Yes, item 20, nullifying the contract with MET and accepting
the bid of Monoko, Inc., Quality Painting & Construction.
Vice Mayor Alonso: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
Mayor Suarez: Second. Any discussion, if not, please call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-103
A RESOLUTION RESCINDING RESOLUTION NO. 91-650;
AUTHORIZING THE CITY MANAGER TO NULLIFY THE CONTRACT
BETWEEN THE CITY OF MIAMI AND MET CONSTRUCTION, INC.
FOR THE N.W. 7TH STREET BRIDGE RENOVATIONS; AND
ACCEPTING THE BID OF MONOKO, INC., DBA QUALITY
PAINTING AND CONSTRUCTION CO., IN THE PROPOSED AMOUNT
NOT TO EXCEED $87,742.00, TOTAL BID OF THE PROPOSAL,
FOR N.W. 7TH STREET BRIDGE RENOVATIONS B-4546; WITH
MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1991-92
CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT NO.
341175, IN THE AMOUNT OF $87,742.00 TO COVER THE
CONTRACT COST AND $20,034.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $107,776.00;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH MONOKO, INC., DBA QUALITY PAINTING AND
CONSTRUCTION CO.
(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:
143 February 13, 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.
29. WAIVE ALL BUILDING AND ZONING PERMIT AND CERTIFICATE FEES, DOCKAGE FEES
FOR BOATS MOORING ADJACENT TO THE FEC PROPERTY, AND STREET CLOSURE AND
BANNER FEES REQUIRED OF THE EVENT PROMOTERS FOR THE 1992 GRAND PRIX.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I have an item I got to bring up.
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: This is a part of the contract... in spite of the Miami
Herald..."a resolution waiving all fire, solid waste, planning, building and
zoning, public works, parks and recreation fees required by the event of the
promoters [sic] for the 1992." This has to be done, for some reason, every
year. I don't know why. But I so move.
Commissioner Dawkins: What is that? J.L.'s regatta?
Commissioner Plummer: This is the waiving of the fees, Miller, part of the
contract.
Commissioner Dawkins: Parking lot?
Commissioner Plummer: No, for the Grand Prix.
Commissioner Dawkins: I thought it was your regatta.
Mayor Suarez: So moved.
Commissioner Be Yurre: Is it for the Grand Prix?
Commissioner Plummer: Yes.
Commissioner Be Yurre: Here, let me check this. Let me see what this is.
Commissioner Plummer: Please, check it out.
Commissioner Dawkins: I think we need to defer this until next year, this
time.
Commissioner Plummer: Do we cancel the race?
144
February 13, 1992
i
Commissioner Dawkins: Yes. Why not?
Commissioner Plummer: If that's what you want.
Commissioner Dawkins: You moved it, J.L.?
Commissioner Plummer: I moved it.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Mr. Manager, what is our commitment of vis-a-vis these
waivers as to the Grand Prix? What is our commitment to them? I mean, can
we, theoretically, vote for or against this without breaching any?...
Mr. Odio: Yes, you can vote. You have done it in the past, and every year
that the Grand Prix has been held.
Commissioner Plummer: You know, the question I've got to ask, Mr. Manager,
this is in the contract.
Mr. Odio: Yes it is.
Commissioner Plummer: Why can't we just...
Vice Mayor Alonso: Money. That's it.
Commissioner Plummer: Why do we have to do it year after year, after year? I
don't understand.
Mr. Odio: I was told that's the way we legally have to do it.
Mayor Suarez: If it's in the contract, we have a commitment, it's not really
discretionary. If it's not in the contract,...
Vice Mayor Alonso: Because, we are the bad guys.
Commissioner Plummer: It is.
Vice Mayor Alonso: We are the ones approving it. That's what it is.
Mayor Suarez: ... we could review it, decide... yeah... decide that it's not
a real, real good priority, if we felt that way, and might vote against it.
Commissioner Plummer: O.K., for some reason,...
Vice Mayor Alonso: Even though it's part of a contract, it has to be...
Commissioner Plummer: ... they got to bring it back every year. I don't...
4
Vice Mayor Alonso: ... so that we are the ones giving it away.
Mr. Jones: The problem is, Mr. Mayor, while the contract provides for those
particular services, it doesn't automatically waive. So, you can only waive
the fees by some action taken by this Commission. So, that's why it's done on
an annual basis.
145 February 13, 1992
N
Commissioner Plummer: Fine.
Vice Mayor Alonso: So, O.K.
Mayor Suarez: So, we're contractually committed?
Commissioner Plummer: Yes.
•
Mr. Jones: Yes, under the contract, there's a contractual commitment to
provide...
Mayor Suarez: And we finally figured out that the commitment, of all of this
is until 1997. Not thirteen years from now, but 1997, and afterwards, there
was resolution which said that it could be extended for another five years,...
Commissioner Plummer: Five years.
Mr. Jones: That's the second five year option.
Mayor Suarez: ... at the option of...
Commissioner Plummer: Right.
Mayor Suarez: ... either side. So that means, basically, you have until
1997, ...
Commissioner Plummer: Correct.
Mayor Suarez: ... I think. And it's a particularly badly drafted resolution
that extends it. I don't think, it was this particular City Attorney who
drafted it. In fact, I know it wasn't. Moved and seconded. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-104
A RESOLUTION WAIVING ALL BUILDING AND ZONING PERMIT
AND CERTIFICATE FEES, DOCKAGE FEES FOR BOATS MOORING
ADJACENT TO THE FEC PROPERTY, STREET CLOSURE AND
BANNER FEES, REQUIRED OF THE EVENT PROMOTERS FOR THE
1992 GRAND PRIX.
(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.
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.
------------------------------------------------------------------------------
30. DISCUSS AND TEMPORARILY DEFER PROPOSED RESOLUTION TO ACCEPT BID OF
PROPOSAL FOR ORANGE BOWL MODERNIZATION PROJECT PHASE II (1992) - JOIST
REPLACEMENT AND RESTROOM FACILITIES IMPROVEMENT B-3231-E (SECOND
BIDDING), SUBJECT TO NECESSARY APPROVALS (See label 47).
Mayor Suarez: Item 21. Orange Bowl - Modernization Project Phase II. What
is the status? Is this the very same item that we...
Commissioner Plummer: No.
Mayor Suarez: ... rejected all bids and...
Vice Mayor Alonso: New bid.
Mayor Suarez: ... was mis-characterized in the Miami Herald as to what all
took place but that's part of life.
Mr. Wally Lee: Our recommendation, Mr. Mayor is that the bid, the low bid of
Danville Findorff be accepted. Their bid was $5,239,000.
Mayor Suarez: What does this do the whole sub item of paint that created so
much consternation before?
Commissioner Plummer: Well, Mr. Mayor. May I put something on the record? I
think...
Mayor Suarez: Yes. I just want to clarify, I assume the answer is that was
pretty much excluded except as it regards ... no?
Mr. Lee: Yes, Mr. Mayor.
Vice Mayor Alonso: Yes and no.
Mr. Lee:...the scope of work...
Commissioner Plummer: These are not the same bids, that's the point.
Mr. Lee: No, no.
Vice Mayor Alonso:
The scope of work...
We'll get to that.
147 February 13, 1992
Mayor Suarez: They are not the exact... the itemization is not identical as a
breakdown of...
Vice Mayor Alonso: It is not the same bid.
Mr. Lee: The scope of work was reduced and also the requirements for the
painter were reduced somewhat also. In fact, in this case we have four
different painters bid this work.
Commissioner Plummer: We11, let me ask you a question because I don't
remember, Wally. When we negotiated with the Orange Bowl, was painting a part
of the guarantee?
Mr. Odio: No.
Commissioner Plummer: Alright. So, what I'm going to recommend to this
Commission that we completely forget about, at this time, the painting, which
is...
Commissioner Dawkins: Cosmetics, cosmetics.
- Commissioner Plummer: ... at best, a million eight, call it two million
dollars, in case we need any extra money to do some of this other work, we can
paint that Orange Bowl next year.
Mr. Odio: I will not recommend that, and I will not recommend that because
than all the money we're spending in this structure will be lost. We need to
protect that structure from corrosion, and if you don't do that you will lose
all the work we have done in the Orange Bowl. Commissioner, I don't think...
I think that's a mistake not to do that. I hate to spend that kind of money
In any paint but, I've been told by the architects and engineers from Atlanta,
that unless we cover that steel and those joints, they will be back like that
in 10 or 15... we don't want to lose what we are spending there now. It is a
problem... actually protection that will increase the life of the Orange Bowl
by 50 years.
Commissioner Plummer: Mr. Manager, I am not, in fact, advocating that we
don't paint the Orange Bowl.
Mr. Odio: Let's finish it.
Commissioner Plummer: What I'm saying is, this is two million dollars in case
you have any overruns. Once we have finished the original work, and is paid
for, and we have this money, then let's paint it.
Mr. Odio: Oh, but you see...
Commissioner Plummer: I don't consider painting the Orange Bowl a safety
factor, as that, it can't be done at a later time.
Mayor Suarez: I think what he's saying is there are components of the
painting that are related to the structural integrity of the whole process,...
148 February 13, 1992
Mr. Odio: Yes.
Mayor Suarez: ... and if you leave those out, the whole darn thing is not
going to have the same...
Mr. Odio: Commissioner, we do feel comfortable, after we are through with
this, you have a brand new Orange Bowl, here. We do have a safety margin
here, because we did receive $7 million from the County. So now that this bid
has been reduced to five two million you still have a margin there. I
strongly recommend we do not leave anything for next year, because it will
never be done.
Commissioner Plummer: Mr. Manager, would you explain to me... Wally I asked
you, and I don't see it here, what is the difference between, forget about the
painting,... what is the reduction in the bid procedure this time, as opposed
to last time?
Mr. Lee: On the structural, I have it broken down...
Commissioner Plummer: What did you ask for less in this bid than the last?
Mr. Lee: Oh, okay.
Mr. Odio: The scope of the paint... go ahead.
Commissioner Plummer: Excluding the paint.
Mr. Lee: What we... excluding the paint, the scope, the balance of the job
remains exactly the same, nothing on the structural part was varied.
Vice Mayor Alonso: But in the paint...
Mr. Lee: Yes, ma'am.
Vice Mayor Alonso: ... yes, you have less.
Mr. Lee: Yes, we did, and I mentioned that.
Vice Mayor Alonso: In this bid, as...
Mr. Lee: That is correct.
Vice Mayor Alonso: ... on comparison to the first one.
Mr. Lee: That is correct.
Vice Mayor Alonso: That's why we see a difference in price.
Mr. Lee: That and also because...
Vice Mayor Alonso: Because, in fact, you are requesting less this time.
Mr. Lee: That is correct.
149 February 13, 1992
Vice Mayor Alonso: And why is so?
Mr. Lee: Well, Commissioner, we felt that what was really increasing the cost
of the paint was the lead abatement, particularly in the areas located between
the south and north stands that are steel. The bottom, the whole bottom deck
of the Orange Bowl, and the north and south stand, are steel up to about row
40 something, approximately 47. So we felt, that, that was a less exposed
area because our real concern in the structural columns, the beams, everything
that is exposed to the weather. And we felt, after analysis with the
architect and engineer, that we could delete this work for the present and
could do it later on.
Vice Mayor Alonso: So even though we see less price, in fact, we are also
receiving less work.
Mr. Lee: Yes, ma'am.
Vice Mayor Alonso: Now, if we were to ask exactly the same that we asked the
first time, do we have enough money to complete the job?
Mr. Odio: If the bids come in at 6.7, then we were to close to the 7 million.
Vice Mayor Alonso: Well, let's put it this way. We take what we have in
front of us and we add what we know we have to complete and tell me do we have
enough money?
Mr. Lee: Well, let's assume we're going to...
Vice Mayor Alonso: We get a yes, and I got a no...
Mr. Lee: Because we are in an area where we are assuming certain things...
Mayor Suarez: Yes, we are assuming what we are about to do...
Mr. Lee: O.K., so let's assume...
Mayor Suarez: ... and we are assuming the requirements of bringing the place
up to speed, and up to code, and up to everyone's specification. Will it
work? That's what we want to know, with the monetary constraints that we
have. It's not such a difficult hypothetical, Wally.
Mr. Lee: I'll answer it. Assuming that the value of the work deleted is
around one million two, if I make that assumption, add it to this, the present
bid we have of 5.2, you're up into the 6.4 range, O.K.?
Mayor Suarez: Alright.
Mr. Lee: That leaves six point four from seven, that leaves you about six...
Mayor Suarez: Six hundred thousand dollars.
Mr. Lee: That's right and items that...
Vice Mayor Alonso: plus...
150 February 13, 1992
Mr. Lee: Items are not included here are the fees for the laboratories, the
inspection fees of the Orange Bowl for structural certifications, their
project managers fees, and architects fees. So, in my opinion, no, we would
not have enough money.
Vice Mayor Alonso: We don't have enough money. Now, had we accepted the
previous bid we would have run into problems, right?
Mr. Lee: That is correct. That's why we recommended deleting the paint...
Vice Mayor Alonso: O.K..
Mr. Lee: ... at that time.
Vice Mayor Alonso: Now, we don't have enough money then to complete the job
that has to be done at the Orange Bowl. What are ... how are we going to
resolve the problem because I understand that we have to complete the work?
Mr. Lee: That is...
Vice Mayor Alonso: What are we ... how are we addressing this problem?
Mr. Lee: Well, there are various items that we are evaluating. Possibly, we
could reduce the cost, by using City labor. These are very accessible areas,
underneath the stands, that is one consideration. Another consideration is,
possibly, use another method of rust control. But these are the
possibilities, where there are flexibilities there.
Vice Mayor Alonso: Like what?
Commissioner Plummer: Wally, excuse me, are you finished?
Vice Mayor Alonso: Yes, go ahead.
Commissioner Plummer: Wally, I've got a problem here. First of all, let me
ask a question. Is this a bid in which we can choose one contractor for
certain parts, and another contractor for another?
Mr. Lee: No, sir.
Commissioner Plummer: Why?
Mr. Lee: We can eliminate...
Commissioner Plummer: No, no, let me get into it. You're saying no. Is that
the City Attorney's ruling?
Mr. Jones: My understanding, it was all bid out as part of one job, you know.
Commissioner Plummer: O.K., then they're obviously... somewhere along the
line, there's some major confusion, here. And I cannot believe using item 6,
replacement of 200 linear feet of expansion joint steel cover plate. I don't
know what the hell that is. The low bidder is $4,712. Another bidder for the
same item is $900,000. Now, something is wrong.
151 February 13, 1992
Mr. Lee: Yes there is, Commissioner. May I explain?
Commissioner Plummer: Please.
Vice Mayor Alonso: And seven hundred thousand.
Mr. Lee: O.K.. If you analyze the bid number 6, it requires a unit price
multiplied by the number of items, O.K.. What the contractors apparently did
was they put the total price, slapped it into the unit price, so when you
multiply that by the number you get this ridiculous price. In fact, you had
another contractor that came up with a $700,000 price.
Vice Mayor Alonso: So, if you divide that it could be that some of the other
companies, in fact, had given us better prices and the one we believe is given
us the best...
Mr. Lee: No, two companies made an obvious mistake.
Vice Mayor Alonso: Let me figure it out. Let me see.
Commissioner Dawkins: Who said it was a mistake, you or them?
Mr. Lee: Well...
Commissioner Dawkins: So you're saying that two companies made an obvious
mistake.
Mr. Lee: Well...
Commissioner Dawkins: But those individuals put this on their bid sheet.
Commissioner Plummer: Six hundred ninety-six thousand dollar mistake.
Commissioner Dawkins: So now who is determining that it was an honest
mistake?
Mr. Lee: No, I just said it was mistake.
Commissioner Dawkins: Oh you said...
Mr. Lee: It appears to be a mistake. In fact,...
Commissioner Dawkins: Oh O.K., now. Let me ask another question. No, no you
answer my question, you don't know.
Commissioner Plummer: Is H. Angelo here or Mayo Construction here, either
one of them?
Mr. Edward Davis: Commissioner Plummer, Mayo Construction is here.
Commissioner Plummer: O.K.. Yours is $700,000, why?
152 February 13, 1992
Mr. Davis: Commissioner Plummer, as I understand it, the bids were called
in...
Commissioner Plummer: Were what?
Mr. Davis: The bids were called in by the contractors to the City, and when
certain items were put in certain spots, there was a mistake made. In Mayo's
bid...
Commissioner Plummer: Was it your mistake or their mistake?
Mr. Davis: We would contend this...
Commissioner Plummer: Was your bid $700,000?
Mr. Davis: No, it was not. Our bid is $17.50, as a unit price.
Vice Mayor Alonso: How much?
Commissioner Plummer: Well, where did the $700,000 price come from?
Commissioner Dawkins: Wait a minute. No, when you multiply $17.50 times the
number of units, what do you get?
Mr. Davis: Exact.
Commissioner Dawkins: What do you... exactly, nothing, how much do you get?
Mr. Davis: I'll have Mr. Mayo explain that directly.
Commissioner Dawkins: Now, how much do you get?
Mayor Suarez: Commissioner, Commissioner we're going to mess up this record
really, incredibly, in the first place, sir we don't even have your name, I
don't think, on the record, in the second place, we've got to get squared away
with these bids were called in, or submitted in writing. I see them saying
that they were submitted in writing.
Mr. Odio: They were sealed bids in writing.
Mayor Suarez: And you're saying that they were called in. Folks, otherwise,
we're going to have such a mess in the record, that we're not even going to be
able to handle this matter, judicially. Now let's first, since you spoke...
Commissioner Dawkins: O.K., now...
Mayor Suarez: Wait, sir, since you spoke, will you say your name on the
record?
Mr. Davis: Absolutely.
Mayor Suarez: This is a voice that you heard a couple of minutes ago, from
one of bidders.
153 February 13, 1992
'0 #
Mr. Davis: Absolutely. My name is Edward Davis of Paul Landy Beiley &
Harper. I'm here representing Mayo Construction Industries.
Mayor Suarez: O.K..
Commissioner Dawkins: O.K.. May I ask one question? I'll be finished, Mr.
Mayor. Mr. Lee.
Mr. Lee: Yes, sir
Commissioner Dawkins: Does this bid include the same square feet, lineal
feet, or what have you of painting as the last contract?
Mr. Lee: No, sir.
Commissioner Dawkins: O.K. So now, if you, and I'll ask the City Attorney.
Mr. City Attorney, if we have a bid that does not cover the same item that was
bid on before, is that a deviation?
Mr. Jones: No, because its...
Commissioner Dawkins: No, wait a minute, hold it, now. Now, when he gets
through with the legal opinion, I'll take your City Manager's opinion. But
right now, let me hear from the legal opinion.
Mr. Jones: No, it wouldn't be considered a deviation, because what you are
essentially talking about, is a new package with new specs that were bid out,
as opposed to what was bid originally.
Commissioner Dawkins: Oh, this is a second bid.
Mr. Jones: Yes.
Commissioner Dawkins: O.K.. No problem.
Mayor Suarez: Alright, let's get squared away on what exactly took place,
before we get to a breakdown here. You put out an RFP(request for proposals),
it had some modifications from the last one. People bid, in a sealed bid
process, the entire thing...
Mr. Lee: Yes, sir.
Mayor Suarez: There was no sub bids, a part "a," part "b," or anything like
that?
Mr. Lee: There was within the same package. The alternate "a," which was the
paint separately.
Mayor Suarez: O.K.. We did have the paint separate. How many bids did we
get?
Mr. Lee: Seven bids, Mayor.
154 February 13, 1992
Mayor Suarez: You made a statement as to the paint subcontractor, just to
clarify the record, you said that there were four this time, instead of one.
Mr. Lee: There were four listed by the different contractors that bid the
work.
Mayor Suarez: Just out of curiosity, the one that is, so far the lowest
bidder, the one I think that has monetarily, at least in terms of
quantitatively, which I think is Danville Findorff, did that one include as a
paint subcontractor the same famous paint subcontractor that was in all seven
of the other ones the prior time?
Mr. Lee: He included two contractors, two painting contractors.
Mayor Suarez: O.K.. Was either one of those...?
Mr. Lee: ... one of them, was included in three other bids.
Mayor Suarez: That's not my question, Mr. Lee. My question was is this
subcontractor, either one of those two, the same one identical to the one that
was in all seven bids last time?
Mr. Lee: No, sir.
Mayor Suarez: Thank you. The paint was still specified as being...
Mr. Lee: ... the same, Sherwin Williams.
Mayor Suarez: Sherwin Williams. O.K., Commissioners do you want to continue
the line of questioning? I think you were basically pursuing...
Commissioner Plummer: Yes. I'd like to inquire, you say that you're called
in...
Mr. Davis: Yes. Let me explain that, Commissioner. We sent a person down
here, called it in to that person, so the bid could be tendered. It was a
sealed bid. I mis-spoke, that person filled it in the wrong block, the actual
amount is 35...
Commissioner Plummer: Your person...
Mr. Davis: ... our person...
Commissioner Plummer: ... filled in the wrong block?
Mr. Davis: Yes.
Commissioner Plummer: So, it was your mistake?
Mr. Davis: Yes.
Commissioner Plummer: O.K. Then that, O.K. The other point I wanted to get
to, Wally...
155
February 13, 1992
Mr. Lee: Yes, sir.
Commissioner Plummer: ... for example, why I asked, if in fact, you could
break this out into miscellaneous, two restrooms, Danville Findorff is 170,
and we have as little as 150. Now, why couldn't we use another company who's
those $20,000 cheaper to build the two restrooms?
Mr. Lee: In my...
Commissioner Plummer: Lower press box.
Mr. Odio: I'll tell you why. If you bidded the restrooms separate, it would
cost double of what they're asking for now, what you're getting now. They
each chose to do it at a different price. The bottom line is what counts
here, Commissioner. The difference between one bidder, and another is
$500,000.
Commissioner Plummer: Mr. Manager...
Mr. Odio: You know, if we had asked for separate bids on bathrooms, you would
get different prices. They all prepared the bid packages different. I don't
know how to explain...
Commissioner Plummer: O.K.. Hey, you know, I think it's crazy. I could sit
here with these bids, if it were individual items, and save the City somewhere
in the neighborhood of $100,000. You're saying, I can't do it. Well...
Mayor Suarez: O.K.. Sir, you want...
Mr. Lee: Yes.
Mayor Suarez: Go ahead, Commissioner Vice Mayor.
Vice Mayor Alonso: Mr. Lee, why did the City decided in the second bid to
change the kind of job that we wanted in the painting? Why did you make that
decision to request less work to be done, and why wasn't this Commission
informed of that decision before it was changed?
Mr. Lee: Well, we were trying to, you know, be sure we had a good price, that
fell within the budget. I personally felt that this was an administrative
decision in reducing the scope of work. That's...
Mr. Odio: Well, let me, let me...
Vice Mayor Alonso: But, but getting... as I see it, and you correct me if I'm
wrong, if I ask you to build a house, and then you say in order to give her
better prices, I build half the house, and she will have to complete half the
house I will give her better prices, the second time, but in the second
proposal I give her half the house. I mean at the end it might look, and I
can very excited about looking prices, but I do know that I still have a lot
to do. Is this the case?
Mr. Odio: Well, let me explain, Commissioner. In the first meeting when we
heard the concerns of the Commission, the Commission felt that we had too
156 February 13, 1992
much, too many specs on the paint and the paint was to high. You remember,
the Administration came in with a concern about the same thing. We deleted
the paint bid out of the last bid because we felt that three million dollars
was to much. So we sat down with the architects and engineers,... what is it
that can be done? - and the other part that we've been, that we've been
talking about, is that probably, we will have to do in-house the lower part of
the north and south end. We felt in the first bid that three million dollars
was to high for the paint, and we did not have enough money to do that. If we
left it as is, plus other, other parts of the bid, we could do,... we could
have done the job with 6.7. We have seven million dollars. That means that
we would have to take money from somewhere else, but we still could do the
job. We still feel, and feel now, that the three million dollars was too high
for the paint. So we decided with the architect, engineers what is it that
needs to be done now, to protect the structure and keep it, and lower the
price, so that it is something that is acceptable. And this... that's why we
did it this way. Now if we had come out, if we had gone out with the exact
same bid as we went out before, it would have limited the number of painters
that could have bidded on it. It would have limited to the one or may be two
and the price would have been the same.
Vice Mayor Alonso: The concern of the Commission, in the last Commission
meeting, was not necessarily the number of specifications, but the way it
done. Saying that it was almost tailored to certain individuals, and that was
the concern because we ended up with one, that was the main concern. The
concern of the Commission was not to change the bid by omitting a portion of
the work to be done, that we know, that we have to complete regardless of the
circumstances, and finding the money somewhere else, but the job will have to
be completed. So, what we are saying today is, even though we see lower
prices, we have a large portion of the work to be completed at a later date.
And we are saying we have done this, because we don't have enough money. Is
that right?
Mr. Lee: Commissioner, we will accomplish about 80 percent of the painting
requi red in the Orange Bowl . Again, this area that's being deleted, is the
one that has the highest lead containment, and number two is not a structural
area.
Vice Mayor Alonso: Yeah. So, you can put in the record, so that we will
know, exactly what is lacking. What areas the specific job that has to be
done, and the approximate price of the job that is still pending, so that we
will know exactly how much is missing, money that has to be found somewhere,
to complete the Orange Bowl, first of all, and also the kind of work that has
to be done, and if it could be provided by our own people. Just explain this
to us, on the record so that we know exactly how much are we talking about,
and the specific work that has to be done. So when we make a decision,
whatever it might be, we know exactly how much we are awarding today, and how
much is pending.
Mr. George Estevanez: Commissioner, my name is George Estevanez with Urban
Architects, the architect on the project. The area that we deleted is the,
what we informally call the catacomb areas. The oldest part of the stadium
that has a steel deck. It's from about the fourth column line forward towards
the field. It's a very low area. It's very accessible. Unfortunately, that
area was found to contain lead. The optimum solution was what we originally
157 February 13, 1992
specified. Remove all the paint, and repaint it, O.K. It turned out that,
that option was very, very expensive. By reducing that option, and I could
tell you that 20 percent is probably a lot, a very high estimate of that
area - it doesn't represent maybe 20 percent, it might be only 15 percent, or
10 percent of the total area of the stadium - brought the price down by over a
million dollars. The option that we will follow now, instead of the paint
removal, which causes the lead containment problem, is encapsulation. In
laymen's term, it's the paint over the existing paint, O.K. So that's much
less expensive. That can be done, I don't know, I haven't done an estimate on
it, but maybe for a hundred or two hundred thousand dollars, because you're
not dealing with the abatement problem, which is the expensive portion of the
job. It's not the painting, or the paint, that's the expensive portion.
Vice Mayor Alonso: Is this as acceptable as the one suggested before, and if
so...
Mr. Estevanez: No, I...
Vice Mayor Alonso: ... why did we go to two different things that are so far
apart in price?
Mr. Estevanez: I told you that optimum solution would be to remove the paint
to the bare steel and start over.
Vice Mayor Alonso: O.K., and this option?...
Mr. Estevanez: That's the optimum solution.
Vice Mayor Alonso: Exactly, but then is this a happy middle?
Mr. Estevanez: Yeah. This is... with the money you've got, you can do
encapsulation. There's no law that says you have to remove the paint.
There's no requirement that we take the paint off. The requirement is not to
cause airborne, or any type of environmental pollution with the lead chips
that are in the paint.
Vice Mayor Alonso: Then, can we say a reasonable statement will be, that we
are saving about $800,000 by going into this direction...
Mr. Estevanez: Well, you can't...
Vice Mayor Alonso: ... that you are proposing to us, now?
Mr. Estevanez: In effect, you are saving the money, but you're not getting,
its not apples and apples, its apples and oranges. I'm not trying to tell you
that both are equal. Undoubtedly, the optimum, the best solution, was what we
originally specified. Unfortunately, it's beyond your means. Now we're
talking...
Vice Mayor Alonso: But are both acceptable?
Mr. Estevanez:, Yeah. They're both acceptable, one is better than the other,
though. The first solution is a better solution. Clear, otherwise we
wouldn't have recommended it.
158 February 13, 1992
Vice Mayor Alonso: Could I say that it's reasonable to compare if I buy
expensive car to an expensive car, but it takes me to work?
Mr. Estevanez: Yeah. They both run... they both... One has leather seats,
one might not have leather seats.
Vice Mayor Alonso: Then, can I reasonably say that we are saving, we are
doing exactly the same thing that we need to accomplish. It's going to be
completed, and we are, in fact, saving about $800,000 of taxpayers' money?
Mr. Estevanez: You're not spending the money. You're not saving it, because
you're not doing the same thing.
Vice Mayor Alonso: When I'm not spending, in my book, it's called saving.
Mr. Estevanez: Yeah, but if I buy a Rolex, and I buy a Timex, they are both
watches.
Vice Mayor Alonso: If they give me the time, I'm not into that kind of fancy
things.
Mr. Estevanez: Well, O.K. but I'm saying the optimum solution, technically,
the optimum solution, for one thing, this is something you might encounter
down the road where the Federal Government might say all lead paint has to be
reduced...has to be removed. That might be one option.
Vice Mayor Alonso: Have they told us that?
Mr. Estevanez: No, I'm saying...
Vice Mayor Alonso: They have not.
Mr. Estevanez: I'm saying, but if you did the first option you would cross
that bridge now, you'd remove the lead, you wouldn't have that problem again.
If we paint over it, five years down the line, somebody might say lead is now
becoming, you know, you see how these problems become greater and greater with
environmental concern. You might have to cross that at a later date at more
expense.
Mayor Suarez: Well make sure that when they do that, they leave out football
stadiums, please.
Mr. Estevanez: Well you know if you just recently... if you...
Mayor Suarez: I am just being facetious.
Mr. Estevanez: No really...
Mayor Suarez: Commissioner Dawkins, we really should follow a line of
inquiry here, and get on with some other items. Yes...
Commissioner Plummer: One other inquiry, Mr. City Attorney...
159 February 13, 1992
Mayor Suarez: Mr. Plummer. I called on Commissioner Dawkins, unless he wants
to yield to you.
Commissioner Plummer: Oh, I'm sorry. Go ahead.
Commissioner Dawkins: O.K.. What is the purpose for removing the paint?
Mr. Estevanez: Well when you have steel that, in this case, is maybe fifty
years old, the rust starts to work below the paint...
Commissioner Dawkins: Wait, now. Make that statement again, because I know
that, but make it again.
Mr. Estevanez: O.K.. When you're with a piece of steel that's fifty years
old, that's been painted, you get rust underneath the paint. To totally
remove, or not totally, but significantly remove a lot of rust, you have to
take the paint completely off, and go to bare metal.
Mr. Odio: Miller, that's what they need to...
Commissioner Dawkins: The only way, no, no, wait a minute, wait a minute now,
wait a minute...
Mr. Odio: I was going to say that is what they need to do to Plummer and me.
Commissioner Dawkins: O.K., we are supposed to be making the Orange Bowl
safe. Am I correct? We are suppose to be removing anything non -structurally
sound, which is why you're removing, see... Now, if you paint over the paint,
and you do not chip the paint off, you do not know what's under that paint.
Is that a correct statement?
Mr. Estevanez: No. This has nothing to do, Commissioner, with safety at all.
Commissioner Dawkins: Well I... no, no, no. See, now don't you mix apples
and oranges. Let's me and you stay with apples. O.K., let's stay with
apples, now.
Mr. Estevanez: O.K.
Commissioner Dawkins: O.K., you said, in your opening statement, when I asked
you, that when you remove... we're looking for the rust under the paint. Is
that a correct...? Is that right? If you do not remove the paint, you cannot
find the rust.
Mr. Estevanez: Well, you wouldn't find all the rust.
Commissioner Dawkins: If you do not move the paint, you do not find the rust?
Mr. Estevanez: Well, there's not, Commissioner, there's not rust under every
piece of paint.
Commissioner Dawkins: If you do not remove the paint, O.K... alright so now,
we take...
160 February 13, 1992
Mr. Estevanez: There's portions...
Commissioner Dawkins: No, no, no, come on, we take fifteen feet, O.K., and
you decide to remove the paint every three feet, but the rust could be every
four feet. So, when you move it every three feet, you don't hit that pocket
of rust at four feet. So, you assume that's O.K. But if you removed the
paint from the whole fifteen feet, you identify the spots that need treating,
and saving, and the whole fifteen is safe. Is that a correct statement?
Mr. Estevanez: Yeah.
Commissioner Dawkins: Alright, so therefore, when we say that we are painting
over the paint, we really and truly are defeating our purpose.
Mr. Estevanez: No, no. I disagree with that. I said the optimum solution...
Commissioner Dawkins: No, see but you're telling me about optimum, and I'm
telling you about what's practical and true.
Mr. Estevanez: Well...
Commissioner Dawkins: See, you're telling me about what's the best scenario
providing that this and that, but when you're in the pond up to your ... in
alligators, you forget that your primary purpose was to drain the swamp.
You're going to save your life. So, if we're talking about finding those
parts of the steel that may be structurally unsound, we've got to remove all
the painting. No further questions.
Mayor Suarez: All right. We have a brewing issue...
Commissioner Plummer: I have a question.
Mayor Suarez: ... of the lowest bidder and local preference and all of that
so we really ought to get with that.
Commissioner Plummer: Mr. City Attorney, it is my understanding that this bid
was put out in two forms. Is that correct? It was put out in two portions.
Mr. Jones: No. No, it wasn't.
Commissioner Plummer: Oh, yes it was!
Vice Mayor Alonso: Yes it was.
Commissioner Plummer: That was our instructions. That you were to go out
with two separate bids.
(INAUDIBLE STATEMENT)
Commissioner Plummer: No, no, no. Hell.
Mr. Jones: My recollection, and perhaps the minutes will bear it out, my
recollection was that you left the option up to the Administration to either
bid it as part of one package or to bid it as separately.
161 February 13, 1992
i
Commissioner Plummer: No, sir.
Mr. Jones: Those were your instructions.
Commissioner Plummer: No, sir.
Commissioner Dawkins: Get the minutes.
Commissioner Plummer: That was not the instructions. That was not the
instructions. We told them to go out with two different bids. One for the
structural and one for the painting.
Mayor Suarez: No, the...
Commissioner Plummer: Now the point I'm trying...
Mr. Lee: Commissioner, in effect...
Vice Mayor Alonso: It's separate.
Mr. Lee: In effect, it's separate. We can delete the paint.
Commissioner Plummer: No, sir. That's not my point.
Mr. Lee: Oh.
Commissioner Plummer: My point again. If it's two separate bids, OK?, there
is between the company that you're talking about awarding and one of the other
companies, a difference of two hundred and thirty thousand dollars.
Mr. Odio: The lowest bidder is low on both the paint and on the joist.
Commissioner Plummer: No, sir.
Mr. Odio: Yes. I saw that yesterday.
Commissioner Plummer: No, sir. The lowest bidder is a million eight seventy
and the other one that I'm looking at...
Mr. Odio: What is it?
Commissioner Plummer: ... is...
Mr. Odio: The one that came in with seven point eight or something.
Commissioner Plummer: Sixteen forty.
Vice Mayor Alonso: Yes.
Mr. Odio: I mean what is...
Commissioner Plummer: MET... whatever the hell it's called. MET, Recchi,
whatever is a million six forty and this one is a million eight seventy or two
hundred forty thousand dollars difference.
162 February 13, 1992
Mr. Odio: You can do that, you can split it.
Vice Mayor Alonso: That's right.
Commissioner Plummer: That's one of the reasons I asked that it be done in
two different packages.
Mayor Suarez: The instructions were that the Administration was supposed to,
if I remember correctly, was supposed to subdivide as per its discretion, but
at least have a separate bid coming in on the paint. Now you did that by
having...
Mr. Lee: Yes, sir.
Commissioner Plummer: So we can award...
Mayor Suarez: ... explain how you did it.
Commissioner Plummer: We can award everything but the painting to this
company, Danville-Findorff...
Mr. Lee: That is correct.
Commissioner Plummer: ... and we can award the paint to this MET whatever it
is.
Mr. Lee: No, we can't.
Commissioner Plummer: We can't.
Vice Mayor Alonso: Why not?
Mr. Lee: We could bid it again.
Commissioner Plummer: Ah...
Vice Mayor Alonso: Oh, come on. This is a joke.
Commissioner Plummer: This is... Wally, this was two...
Vice Mayor Alonso: I'm not voting for this.
Commissioner Plummer: ... hundred and forty thousand dollars difference.
Vice Mayor Alonso: Then why have you been telling me for three days that,
yes, in fact we can accept the paint...
Mr. Lee: No, no. Commissioner, let me...
Vice Mayor Alonso: ... and the rest and they were two different things. I
asked you, I think a million times,...
Mr. Lee: Let me... Let me...
163 February 13, 1992
Vice Mayor Alonso: ... we have met, Lee, about ten times.
Mr. Lee: Commissioner, let me read this into the record here. This is how
the bid reads.
Commissioner Plummer: Wait a minute. You know. You're going to tell us how
the bid reads. I want the City Clerk to go get the minutes of how we
instructed. OK? Because in my mind, it was clear. It was to go out in two
separate packages. We could accept or reject one or the other or both.
Wally, we didn't we do this just because an exercise in futility. It's two
hundred and thirty thousand dollars difference.
Mr. Lee: Commissioner, the only way that would work, if I can explain, what
you're proposing here, is if you just individually go out to painting
companies and deal directly with them without coordination...
Commissioner Plummer: We don't have to do that.
Mr. Lee: I would have to, Commissioner.
Commissioner Plummer: No. No.
Mr. Lee: Yes, I would have to. It would not work.
Vice Mayor Alonso: Then we have to accept the entire package or nothing?
Mr. Lee: No, Commissioner.
Mayor Suarez: OK. What are the alternatives? Please.
Vice Mayor Alonso: What do we do?
Mr. Lee: Commissioner...
Mayor Suarez: You have sub...
Mr. Lee: We can accept...
Mayor Suarez: ... divided...
Mr. Lee: ... all the structural work...
Mayor Suarez: ... part of the work as an alternative. How can we...
Mr. Lee: OK. The alternate is, we can accept all the structural work...
i
Vice Mayor Alonso: Yes.
Mr. Lee: ... excluding the paint.
Vice Mayor Alonso: Can we award the paint to the lowest bidder?
164 February 13, 1992
Mr. Lee: At the lowest bidder. Or we can take the lowest bid, including the
paint and award the contract. Those are the two options.
Commissioner Plummer: Well, I am not about to award a painting contract to
this one that you're recommending at two hundred and thirty thousand dollars
higher since you were so specific in the instructions on the bid naming the
paint, the number of the paint. So, obviously they were all playing by the
same rules.
Vice Mayor Alonso: Can they reduce their price to sixteen forty?
Mr. Lee: Well, that's a legal...
Vice Mayor Alonso: Is that a legal...
Mayor Suarez: We can, once again as we considered doing last time, we could
award it to the lowest bidder with instructions to the Manager to negotiate,
as he always does,...
Vice Mayor Alonso: or even better, that they... after it has been awarded,
they just say yes.
Mayor Suarez: Right.
Mr. Odio: They have no objection, according to Danville that if we award the
paint to MET, if they want to accept that.
Commissioner Plummer: That's two hundred and thirty thousand. That's a good
beginning.
Mr. Odio: Legally, we cannot do that.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: That wasn't really the question that was posed. The question
was posed would they agree...
Vice Mayor Alonso: The question was are they willing to do it for less.
Mayor Suarez: ... to do it at the lower price.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: But if we...
Vice Mayor Alonso: Yes?
Mayor Suarez: Let me just clarify something, Commissioner.
Commissioner Dawkins: OK.
Mayor Suarez: If we get to the point of the protest or the contest, rather
by... Your company's MET, right?
165 February 13, 1992
Mr. Davis: Mayo Construction.
Vice Mayor Alonso: No, Mayo.
Mayor Suarez: Mayo. So that's not an issue. All right.
Mr. Lee: Commissioner, may I make a statement? One of the problems here is
that you're going to have to...
Mayor Suarez: No, no. We have a pretty good idea of the problems, Mr. Lee.
Mr. Lee: No, no. On the painting.
Vice Mayor Alonso: We need solutions.
Mayor Suarez: We're trying to get to some solutions, sir.
Vice Mayor Alonso: Solutions.
Mayor Suarez: Commissioner Dawkins. And then we're going to hear from the
protestor or the objector.
Commissioner Dawkins: Mr. City Attorney.
Mayor Suarez: The competitor.
Commissioner Dawkins: Mr. City Attorney.
Mr. Jones: Yes, sir, Mr. Dawkins.
Commissioner Dawkins: Are we, if we award this, so in order to do what we
promised the Orange Bowl we were going to do, move forward in preparing the
Orange Bowl, do you feel that you can adequately defend us against any
protest? Mind you, I'm not saying that you can win any contest, because
nobody knows how a judge or a jury is going to rule...
Mr. Jones: Um-hmm.
Commissioner Dawkins: ... but do you feel that you comfortably...
Mr. Jones: Yes.
Commissioner Dawkins: ... go and defend the City of Miami if we go through
with this?
Mr. Jones: Let me, let me, I guess let me posture that by saying if the
contemplated protest is by one of the individuals or the company that's here,
yes I feel comfortable that we can legally defend on that basis.
Mayor Suarez: That's good.
Vice Mayor Alonso: Yeah.
Mayor Suarez: That's good.
166 February 13, 1992
I * 9
Mr. Jones: OK.
Mayor Suarez: Because you're about to say something that might put some ideas
in some people's minds. All right. Go ahead, sir.
Mr. Davis: Mayor, Commissioners. I want to point out who's here with me.
John Mayo, President of Mayo Construction. Mayo Construction Industry is
located in Allapattah.
Commissioner Dawkins: You've got to talk into the mike, sir. We can't hear
you. Pull the mike. Pull the mike.
Mayor Suarez: Yeah, you can twist it in your direction.
Mr. Davis: Jose Luis Rodriguez of Archimedia, which is also located in
Allapattah.
- (INAUDIBLE COMMENTS NOT ENTERED INTO PUBLIC RECORD)
Mr. Davis: Yes. Sure.
Vice Mayor Alonso: Local people. That's good.
Mr. Davis: Absolutely. That's my point. And also present Mr. Charles Brown,
Foreman for Mayo Construction and an employee of Mayo for thirty years who's a
resident of the City of Miami.
Commissioner Dawkins: Foreman but he doesn't own any stock.
Mr. Davis: He does not.
Commissioner Dawkins: He's a foreman but he doesn't have any stock.
Mr. Davis: That's correct. He's been...
Commissioner Dawkins: OK. Thank you. Go right ahead.
Mr. Davis: ... an employee for thirty years.
Commissioner Dawkins: Go right ahead. No, I just like to keep things on the
record. Go ahead.
Mr. Davis: I don't... I didn't say anything different I don't think.
Commissioner Dawkins: Well... Beg your pardon?
Mr. Davis: Mr. J. C. ... I'm sorry. Your last name? That's right. Dice,
who's also a foreman and has worked for Mayo Construction for twenty-six years
who's also a resident of the City of Miami.
Commissioner Dawkins: And twenty-six years that he's worked and he doesn't
own any stock. Although he's worked faithfully for twenty-six years. That's
good. Go right ahead, sir.
167 February 13, 1992
Commissioner Plummer: Were they given the ten percent for being a City
company?
Mr. Lee: Commissioner, the...
Commissioner Plummer: The ten percent edge.
Mr. Lee: Yes, sir.
Commissioner Plummer: They were?
Mr. Lee: Yes, sir.
Commissioner Plummer: And their ten percent edge does in fact...
Mr. Lee: No, sir. Because they were the company that had that seven hundred
thousand dollar issue.
Commissioner Plummer: OK.
Mr. Lee: And their...
Commissioner Plummer: Don't jump ahead of my game.
Mr. Lee: OK.
Commissioner Plummer: Were they, in fact, given ten percent for being a local
company?
Mr. Odio: They were disqualified. They were not given anything.
Mr. Lee: Well... No, no.
Vice Mayor Alonso: Not really.
Mr. Lee: Commissioner, if we...
Commissioner Plummer: I'll ask for the third time.
Mr. Lee: OK. If... Yes.
Mayor Suarez: I guess we didn't... J. L., we didn't get to that point.
Commissioner Plummer: How much clearer can I be?
Mayor Suarez: We didn't get to that point.
Commissioner Plummer: Were they given the ten percent edge for being a local
company?
Mayor Suarez: We didn't get to that point I think is the problem.
Mr. Lee: That's what I'm trying to say.
168 February 13, 1992
Commissioner Plummer: It's not a matter of getting to that point. I'm asking
were they...
Mayor Suarez: No. The answer is no.
Mr. Lee: No.
Commissioner Plummer: ... in these numbers...
Mayor Suarez: But, it's an answer that confuses. I mean, we just didn't get
to that point. They were disqualified.
Commissioner Plummer: Why were they disqualified?
Mr. Odio: OK. They failed... Well...
Commissioner Plummer: Why were they disqualified?
Mayor Suarez: OK. Go ahead, explain Mr. Lee and then we'll hear from you,
sir.
Commissioner Plummer: Why were they disqualified?
Mayor Suarez: I don't know why it's so difficult to follow...
Commissioner Plummer: I'm asking the question!
Mayor Suarez: Commissioner, that's fine, because you're a Commissioner and we
try to give everybody here as much scope as possible, but we were trying to
set this up to have them explain it and then the Administration and so on...
Mr. Lee: Well, let me try to help, Commissioner.
Mayor Suarez: ... and you have interrupted that flow. But, go ahead, Mr.
Lee, and explain why they were disqualified and then we'll hear from them and
then the Commission may want to inquire after that.
Mr. Lee: OK. They were... they had that extension on Item 6 which was just
briefly discussed previously. That put their total bid at eight million three
and twenty-four. If you apply the ten percent, which Commissioner Plummer
asked, that puts them at seven something which is substantially higher than a
lot of the other bidders.
Commissioner Plummer: Are you saying the total in their column does not
reflect the six million three?
Mr. Lee: No, sir. It does not. The eight million three twenty-four does not
reflect the ten percent.
Commissioner Plummer: OK.
Mayor Suarez: So subtract eight hundred and thirty two from that, just so we
have that figure handy, somebody. Just so we have the figure handy. Don't
argue with it, just...
169 February 13, 1992
F
0
Mr. Lee: Seven million four hundred ninety-two dollars and...
Mayor Suarez: All right. That's a sort of hypothetical figure then that
would have been their bid with the ten percent preference. All right.
Anything else you need to state on that or that was the basic reason?
Mr. Lee: That was the... I hope I answered your question.
Mayor Suarez: All right. So it wasn't really... they weren't really
disqualified, they just came in very high.
Mr. Lee: Yes, sir.
Mayor Suarez: Right. Yeah, really.
Mr. John A. Mayo: Mr. Mayor, I'd like to speak. My name is John A. Mayo, I'm
President of Mayo Construction. I think they're blowing this bid out of
proportion. If you read our bottom line, it was five million six hundred and
fifty-three thousand. We made an error in number 6 and it was a unit price.
We called the figure in. It was called in the last minute. It's two hundred
lineal feet. It should have been seventeen fifty a lineal foot and it was
thirty-five hundred dollars. All we asked for on that item was thirty-five
hundred dollars. I don't know where the seven or eight million came from.
We're not asking for seven or eight million.
Mayor Suarez: Well, let's clarify that because that... we can't just go
around and around here. Where did the eight million three hundred and twenty-
four thousand dollars come from? Now, it's a simple question. I'm warning
you, it's a simple question. I would like a simple answer. Where did it come
from?
Mr. Lee: In the instructions to the bidders, in the specification,...
Mayor Suarez: Where did the eight million three hundred and twenty-four
thousand dollar figure come from?
Mr. Lee: The sum of all the different items.
Mayor Suarez: Elements of their bid?
Mr. Lee: In their bid. The revised extension. Yes.
Mayor Suarez: If you add up all the elements of their bid, they add up to
eight million three hundred and twenty-four thousand?
Mr. Lee: That is correct.
Mayor Suarez: All the rest of what you said to me is extraneous to the
question. The question is simply where did the eight million three hundred
twenty-four thousand dollars...
Mr. Mayo: Mr. Mayor, that is not correct. Our bid...
170 February 13, 1992
4 6
Mayor Suarez: They don't add up to eight million three hundred twenty-four
thousand as you submitted them?
Mr. Mayo: Our bid was read at five million six hundred and fifty-three
thousand nine hundred. Obviously Public Works did their calculation in house.
We were never told...
Mayor Suarez: Obviously, I'm sorry what?
Mr. Mayo: Obviously they did some calculating in house. But that's not the
bid that was read.
Vice Mayor Alonso: Are you serious?
Mayor Suarez: OK. Are you saying that the elements, the components of your
bid as submitted if you add them all up do not add up to eight million three
hundred twenty-four thousand? All of them.
Mr. Mayo: That is correct.
Mayor Suarez: Instead, you're saying they add up to five million six hundred
and some thousand?
Mr. Mayo: Five million six hundred and fifty-three thousand.
Mayor Suarez: All right. I'm going to table this item.
Mr. Jones: Mr. Mayor.
Vice Mayor Alonso: I have a question. You mean to tell me that our
Department was the one writing this amount? It was not the company itself?
Mr. Mayo: I don't know where that figure came from.
Mr. Jones: Madam Vice Mayor.
Mr. Mayo: I know our bottom line figure was not that figure. It's right here
on the...
Mayor Suarez: Did you have a bottom line figure or are you saying the
components were added later by us as we received the bids? Or did you
actually add it in your bid?
Mr. Mayo: It's very obvious we had a very...
Mayor Suarez: Sir, you're not answering my question. Did you have a total in
your bid?
Mr. Mayo: Yes, we did.
Mayor Suarez: And it said five million what?
Mr. Mayo: Five million six hundred and fifty-three thousand nine hundred.
171 February 13, 1992
41 4
Mayor Suarez: All right.
Vice Mayor Alonso: May I see the original papers, please.
Mr. Jones: Mr. Mayor. Madam Vice Mayor. Perhaps I could add some...
Mayor Suarez: I can't imagine from a legal standpoint that we need to clarify
what is clearly a factual discrepancy. Now there is obviously something worth
saying here. They're saying it's different from what they're saying...
Vice Mayor Alonso: Sure.
Mayor Suarez: ... and I would otherwise be inclined to table the item, get
everybody together until we get a nice simple answer to our fairly simple
question.
Vice Mayor Alonso: Sure.
Mayor Suarez: Now, if you think by giving us a legal opinion on something we
can get some clarification, that's fine.
Mr. Jones: Mr. Mayor. The only thing I was going to offer on this, the whole
confusion arises around Item 6 wherein they've...
Mayor Suarez: Which is Item 6?
Mr. Jones: ... Item 6 talks about...
Vice Mayor Alonso: Replacement of...
Mr. Jones: ... furnishing all labor materials...
Mayor Suarez: All right.
Mr. Jones: ... and equipment for replacement of the two hundred linear foot
of expansion joint steel cover.
Mayor Suarez: All right.
Mr. Jones: From the outset, they've indicated that this was a mistake on
their part. It shouldn't be...
Mayor Suarez: No, no, no. Please, for the record, who has indicated that
this was a mistake on whose part?
Mr. Jones: Mayo... On the bid that was submitted by Mayo Construction, it
indicates three thousand five hundred dollars, no cents, times two hundred
linear feet. Of course, that's why it's throwing all the figures off...
Mayor Suarez: What amount did that add up to? What did that aggregate to?
Mr. Jones: Seven hundred thousand dollars.
Mayor Suarez: OK. Had they done a correct calculation, it would have been...
172 February 13, 1992
0
Amr,
Mr. Davis: Thirty-five hundred.
Mr. Lee: Thirty-five hundred.
Mayor Suarez: Thirty-five hundred dollars.
Mr. Lee: That's correct.
Mayor Suarez: That would have meant their bid would have been what as we
calculate the total?
Mr. Jones: It would have been number three.
Mr. Lee: Six million three fifty.
Vice Mayor Alonso: No, no. This is now.
Mr. Lee: Well, I'm answering the Mayor's question.
Mayor Suarez: Yes. Answering that line, it would have been seven hundred
thousand dollars, roughly, less. Right?
Mr. Lee: Right.
Vice Mayor Alonso: Yes.
Mayor Suarez: Which from eight million three hundred twenty-four thousand not
having applied the local preference yet, would put them at seven million plus
still. Right? No.
Vice Mayor Alonso: No.
Mr. Lee: The total...
Mayor Suarez: And then you have to apply the local...
Mr. Lee: The total, including the paint, would have been, according to my
figures which I ran off, six point three five oh million, rounding.
Mayor Suarez: How does it get from eight point three down to six point three
unless you apply the ten percent preference?
Mr. Jones: Keep...
Commissioner Plummer: Amazing.
Mayor Suarez: You told me a few minutes ago...
Commissioner Plummer: It's called sleight of hand.
Mayor Suarez: ... eight point three to four, I think. Eight million three
hundred twenty-four...
173 February 13, 1992
0 •
Mr. Jones: Keep in mind, Mr. Mayor, keep in mind that the bid instructions
indicates clearly that the written words, they are required to write the words
in and also the figures as in the same thing as with a check.
Mayor Suarez: Which take precedence? In the check, I guess it's the written
word.
Mr. Jones: The words take precedence over the figures. So, I mean, obviously
while it may have been an error as they have indicated, the document says what
it says and the instructions are clear in that regard.
Mayor Suarez: All right. But we don't even have a clear understanding of
what the document says. Because they're claiming they put...
Vice Mayor Alonso: Do you have the original document?
Mayor Suarez: ... five point some million dollars and you're claiming that
you have eight point three million...
Mr. Lee: Right here.
Vice Mayor Alonso: Is that the original?
Mr. Lee: That's their bid.
Mr. Davis: We claimed five million six hundred fifty-three dol... six hundred
fifty-three thousand nine hundred.
Commissioner Dawkins: Is that before you deducted the seven hundred thousand
dollar error what was... seven hundred some thousand dollars instead of three
thousand five hundred dollars?
Mr. Davis: As I understand it, Commissioner, that is our bottom line number.
The item 6...
Commissioner Dawkins: No, no, no. See. I understand what you're saying. I
understand your bottom line number, but what I do not understand is how you
got to the bottom line. Was that after you deducted the error of seven
hundred and twenty thousand? If it is, and we didn't, that's where the
mistake is.
Vice Mayor Alonso: You mean for the entire job?
Mr. Davis: That number is net of the error, yes.
Commissioner Dawkins: OK. All right. That's where the mistake is. I mean,
or whatever it is.
Commissioner Plummer: Wait a minute. Where does this number come from?
Mayor Suarez: All right. Now I will definitely table the item.
Commissioner Dawkins: Go ahead and let them work it out.
174 February 13, 1992
Vice Mayor Alonso: Yes.
Mayor Suarez: Yes.
Vice Mayor Alonso: Yes.
Mayor Suarez: We table the item. Now listenl Listen! Listen! We don't see
any of us up here, anything that even comes close to anything that anyone has
said to us. Either our staff or you. All right. We see a variety of
components and elements here that are not totalled in our version of the
facts, presumably, unless something has been altered, which I know it hasn't
been, could not have been totalled as you submitted it. So both of you have
told me something that is not what I asked. I said did you submit a specific
total figure. You said yes. You said five point six million. You said eight
point three million. As far as I can tell, it's just a bunch of components
that anyone can add up, mistake in their adding up or not mistake. Now you do
have apparently, admitted on the record, a seven hundred thousand dollar
difference between you calculated for one item and what you meant to put for
that item. If, in fact, mathematically, Wally, now if I may ask you this.
Mr. Lee.
Commissioner Plummer: Look at the papers that just showed up.
Mayor Suarez: Mr. Lee, please. Before we go totally crazy. We would like,
this Commission would like to know, it's a very straightforward hypothetical,
if they had put the right figure for that component that they misstated by
their own calculation and if you give them a local preference, what figure is
their bid then, adding up all their components? Don't give it to me now,
please, take a little time with them and make sure you at least agree on the
figures...
Mr. Lee: I'll calculate it.
Mayor Suarez: ... so far there's no disagreement on the components, and then
compare that to the Danville-Findorff total for the whole amount. Come back
to us and give us that please. We have other items to consider. This
gentleman I think is a different company altogether. Right?
Mr. Rick Espino: Yes, sir.
Mr. Davis: Thank you.
Mayor Suarez: And we want to hear from you, sir, while they try to work that
out.
Mr. Espino: My name is Rick Espino...
Mayor Suarez: You can move that... Rick, you can move that... right.
Mr. Espino: My name is Rick Espino. I'm here representing the joint venture
of MET-Recchi. I'm Executive Vice President of Recchi. Our bid has no
extension mistakes. This was...
Mayor Suarez: What was the total bid? Without the local preference.
175 February 13, 1992
Mr. Espino: Including the paint, five million seven hundred and fifty-two
thousand six hundred...
Mayor Suarez: That compare to a Danville-Findorff total bid of what?
Vice Mayor Alonso: Five two thirty-nine.
Mayor Suarez: So you're...
Mr. Odio: If you...
Commissioner Plummer: But are they a local company?
Vice Mayor Alonso: Yes.
Mayor Suarez: OK. You're half a million on the gross bid. Now...
Commissioner Plummer: In the City of Miami?
Mr. Espino: That's correct.
Mayor Suarez: Now you would like applied the local preference.
Mr. Espino: That is correct and also I would like to point out that my joint
venture partner, MET, knows the Orange Bowl like the palm of his hands...
Mayor Suarez: This is a nice editorial.
Mr. Odio: Now, the fact...
Mr. Espino: If you allow me...
Mayor Suarez: Are we convinced that they are, in fact, a local vendor?
Mr. Odio: This joint venture was formed two days ago. We have not been able
to cert...
Mr. Espino: No, sir.
Mr. Odio: Or three days.
Mr. Espino: No, sir. We bid the original contract also, so...
Mr. Odio: Excuse me. That's what I was informed. I'm sorry.
Mr. Espino: Oh. OK.
Mr. Odio: If you take their bid to be the low... they would be the lowest
bidder if you take the ten percent off for local; however, it would cost us an
additional five hundred and some thousand dollars to the Orange Bowl.
Mayor Suarez: What indications... Wait, wait. What name did you file your
bid in? What was the name of the entity that filed the bid?
176 February 13, 1992
a
Mr. Espino: Met-Recchi Joint Venture.
Mayor Suarez: Joint venture. This is Recchi like the big Recchi construction
company?
Mr. Espino: Yes, sir.
Mayor Suarez: Out of Italy?
Mr. Espino: Yes, sir.
Mayor Suarez: It doesn't sound real local to me. All right.
Mr. Espino: Now, now, the...
Commissioner Plummer: Victor thinks it is. He's always there.
Mayor Suarez: How long has the joint venture been in place?
Mr. Espino: It's been in place I would say about two weeks, two and a half
weeks.
Mayor Suarez: Two weeks. Registered as a joint venture with any Secretary of
State office or anything? Or just a...
Mr. Espino: Yes, sir. We have a certificate from the State of Florida.
Mayor Suarez: What date does that have, just out of curiosity, for the joint
venture?
Mr. Espino: One second. January 21, 1992.
Mayor Suarez: The bids... the RFP (request for proposals) went out on what
date?
Mr. Odio: After the last Commission meeting, that's when the bids went out.
Mayor Suarez: Which was what, January...
Mr. Odio: No, February 17th.
Mayor Suarez: No, this is the first meeting in February. January what?
Mr. Odio: I'm sorry. January, I forget the date, of the last Commission
meeting in January...
Mayor Suarez: Can somebody from staff, since I don't have a calendar built
into my head, tell us whether the date that he just gave...
Mr. Odio: January 13th.
Mayor Suarez: ... for the creation of his joint venture was after the day
that the RFP was made public. Just so we have that date, assuming it's
'i 177 February 13, 1992
relevant. I'm not sure that it is, but it's an interesting line of
questioning here, possibly.
Commissioner Plummer: Well, it went out after the 23rd of January because
that was the last time we talked about it. When was your joint venture.
Mayor Suarez: OK. So it was probably the 24th or the 25th. And your joint
venture was when? Gates?
Mr. Espino: It was signed by the State of Florida on January 21st. That was
the day it was registered up there.
Commissioner Plummer: That was prior to our previous discussion. Our
previous discussion was January 23, I got the minutes.
Mayor Suarez: And now that joint venture reflects an address of where? With
the Secretary of State's office.
Mr. Espino: It's MET's address, which is 406 N.W. 54th Street and I would
like to say that Recchi America also has an office in the City of Miami at
1044 Biscayne Boulevard, even though it is not our principal point of...
Mayor Suarez: I would think not...
Mr. Espino: No, it's not.
Mayor Suarez: ... if I know Recchi.
Commissioner De Yurre: Mr. Mayor. I think the one thing we need to
understand here is that to do away with all this taking advantage of our
beliefs in helping locals to this tune of ten percent which we're talking
about five hundred thousand dollars, is we have to have a time factor within
you have to have been established for "X" number of years in the City of
Miami. If not, this is a joke.
Mayor Suarez: And at the very least, it's got to be prior to, you know, any
of these proceedings. I mean, to now have to give a local... We do have some
discretion, Rick...
Commissioner De Yurre: Well, I'm talking about years.
Mayor Suarez: ... I want to tell you this. And since we have discretion,
it's going to be very tough if the joint venture was just created to give
local preference, although, I don't know. It will have to be up to this
Commission. So we have all of that on the table. We also have the comparison
pending. Counselor, you represent...
Mr. Neil Flaxman: Yes, Danville-Findorff. Neil Flaxman. 2600 Douglas Road.
We did do a check and Recchi is located in Dade County, 9200...
Commissioner Plummer: Wait a minute. Who do you represent, sir?
Mr. Flaxman: Danville-Findorff.
178 February 13, 1992
Commissioner Plummer: And tell me again where you're located.
Mr. Flaxman: My address, business address is 2600 Douglas Road. Coral
Gables, Florida.
Commissioner Plummer: Then why does the procedure that I hear show you listed
as 2811 S.W. 70th Avenue?
Mr. Flaxman: No, that's Danville-Findorff. I'm the attorney. I don't look,
perhaps...
Commissioner Plummer: Oh, I'm sorry. Danville...
Mr. Flaxman: Yeah, I'm the attorney. I'm sorry.
Mayor Suarez: They don't give you enough work to live with them yet.
Mr. Flaxman: I didn't address myself as an attorney. You're probably going
to find out I'm an attorney after I don't keep quiet fast enough. Anyway, we
did check. There is no Miami occupational license for this joint venture. We
find that Recchi's address 1s 9200 S. Dadeland Boulevard. We'd like to give
to the Clerk a copy of all the occupational licenses...
Mayor Suarez: We will introduce all of that into the record. I'm not sure
that we've ever decided the importance of the occupational licenses. We have
had one matter that came up related to the Orange Bowl when that became an
issue in the challenge, but we've...
Mr. Flaxman: We found no license either, a certificate of competency, which
is required for the joint venture when we called Tallahassee. But as you
said, this is discretionary. To allow something like this, I mean, my
client...
Mayor Suarez: Well, but we're not into that argument yet. I just wanted to
resolve the issue of their complaint, put all this on the table, give a little
bit more time to staff because we've got other matters...
Mr. Flaxman: If it is a joint venture between a Dade County and an Italian,
whatever they happen to be, contractor, Miami contractor, surely you can't
apply a ten percent rule if you...
Mayor Suarez: Well, maybe we'll apply a five percent rule.
Mr. Flaxman: Whatever. Yeah.
Mayor Suarez: All right. Thank you. OK, we're tabling item 21 for the
moment.
179 February 13, 1992
31. EXECUTE AMENDMENT TO AGREEMENT WITH CH2M HILL SOUTHEAST, INC., TO
FURTHER DEFINE SCOPE OF SERVICES FOR PART II OF THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM PERMIT -- INCREASE MAXIMUM TOTAL
COMPENSATION BY $647,350 FOR PROFESSIONAL AND TECHNICAL SERVICES (CIP
352277) .
Mayor Suarez: Item 22.
Mr. Jim Kay: Yes, sir. Mr. Mayor, members of the Commission. Item 22, this
is a professional services agreement contract. As you know, the U.S.
Environmental Protection...
Mayor Suarez: I'm sorry, Jim. Wally, as you work out the figures of course,
you might, we don't want this to seem too much like a schoolroom, but maybe on
a fairly large cardboard or a blackboard or something, just so we can get the
summaries of the components of the total bid and then the total and then local
preference, if any. Go ahead, I'm sorry.
Mr. Kay: The U.S. Environmental Protection Agency is requiring all
municipalities with populations of two hundred cnd fifty thousand or greater
to submit applications for a national pollutant discharge elimination system
permit. That's a mouthful, I know. But we have submitted phase I. This was
done by a contract last year and phase II was included in the contract,
however, it was not negotiated. We are now here to present phase II for
approval after negotiations with the firm of CH2M Hill...
Mayor Suarez: Who's paying for all of this?
Mr. Kay: The City is paying for this out of stormwater utility funds.
Mayor Suarez: All right.
Commissioner Dawkins: May I ask another question, Mr. Mayor?
Mayor Suarez: Yes.
Commissioner Plummer: And what does this actually do?
Mr. Kay: What this does... Phase... it's a permit application. We submitted
I phase I in November. Phase II is due November of this year. What this will
! do is when we present all of the documents, which includes extensive amounts
of testing, we...
Commissioner Plummer: What do we hope to gain?
Mr. Kay: We will get a permit from the U.S. Federal Government stating that
we will be allowed to discharge into waters of the United States.
Mr. Odio: This is another Federal mandate that they don't pay for it.
:f
February 13, 1992
Mayor Suarez: All right. Commissioner Dawkins.
Commissioner Plummer: What the hell do other cities do? Eight hundred and
thirty thousand dollars.
Commissioner Dawkins: Mr. Manager. It says increasing the maximum total
compensation allowed by six hundred and forty-seven thousand three hundred and
fifty dollars. When you increase it by six hundred and forty-seven thousand
three hundred and fifty thousand dollars, what's the bottom line that we have
spent?
Mr. Kay: The total amount that we will have spent to the consultant for his
work will be nine hundred seventy-four thousand five hundred and thirty-four
dollars.
Commissioner Dawkins: See. OK. Fine. Nine what now?
Mr. Kay: Nine hundred seventy-four thousand five hundred and thirty-four
dollars.
Commissioner Dawkins: I'm going to let you add it up, OK? Now, according to
this, it'll be a hundred and fifty thousand six hundred dollars for
professional and technical services provided, performed by the Department of
Public Works. How much will the hundred and fifty thousand six hundred
dollars add up to what we have paid to the Public Works Department of the City
of Miami?
Mr. Kay: The total amount that we will have paid to Public Works after all
this is done will be a hundred and seventy-three thousand. Excuse me. The
total amount, I'll have to add to those two figures at the end. No, it's two
hundred twenty-six thousand three hundred and seventy-eight dollars.
Commissioner Dawkins: So now add that to you nine hundred thousand and we got
a total of what now? See.
Mr. Kay: One point two million dollars.
Commissioner Dawkins: That's what I... that's the price what I asked you for.
Vice Mayor Alonso: That's ridiculous.
Mr. Kay: All right, sir.
Commissioner Dawkins: OK. Thank you.
Commissioner Plummer: What do little cities do?
Mr. Kay: Little cities aren't required to do this.
Commissioner Plummer: Why? Why are we required and they're not?
Mr. Kay: Those were the conditions set forth by the EPA (Environmental
Protection Agency). It was municipalities with populations of a quarter of a
million or more. Jacksonville is...
181 February 13, 1992
Mr. Odio: This is a typical Federal mandate that the cities pay for...
Vice Mayor Alonso: If we don't have the money, what do we do?
Mr. Odio: We would not be able to comply with the law.
Mayor Suarez: We would be in violation. All right, folks, on the item before
us...
Vice Mayor Alonso: Did they give us a grant?
Mr. Kay: I wish they could.
Vice Mayor Alonso: No money?
Mayor Suarez: On item 22, I'll entertain a motion.
Vice Mayor Alonso: (LAUGHS)
Mayor Suarez: That's close enough.
Vice Mayor Alonso: Well, on the basis we have no choice, right? Is that
exactly what you're telling us?
Mr. Kay: That is correct. Yes.
Commissioner Dawkins: J. L. seconds.
Vice Mayor Alonso: The Administration has said do it, let's do it.
Mayor Suarez: That's close enough. So moved.
Commissioner Dawkins: J. L. seconds.
Mayor Suarez: Seconded by Commissioner Plummer. You've got that look of
resigned displeasure.
Vice Mayor Alonso: Otherwise, we will be here sitting on 22. So...
Mayor Suarez: Thank you. Call the roll.
182 February 13, 1992
Ll
r]
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 92-105
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH CH2M HILL
SOUTHEAST, INC., THEREBY FURTHER DEFINING SAID
AGREEMENT'S SCOPE OF SERVICES FOR PART II OF THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT
AND INCREASING THE MAXIMUM TOTAL COMPENSATION ALLOWED
BY $647,350 FOR PROFESSIONAL AND TECHNICAL SERVICES,
AND $359841 TO COVER THE ESTIMATED EXPENSES, AND
$150,600 FOR PROFESSIONAL AND TECHNICAL SERVICES
PERFORMED BY THE DEPARTMENT OF PUBLIC WORKS;
ALLOCATING FUNDS THEREFOR FROM FISCAL YEAR 1991-92
CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT NO.
352277.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
COMMENTS DURING ROLL CALL:
Vice Mayor Alonso: With regrets, yes.
32. APPOINT / REAPPOINT INDIVIDUAL TO SERVE ON THE MIAMI WATERFRONT ADVISORY
BOARD (Appointed was: Bijan Nakhjavan).
Mayor Suarez: Item 23. Miami Waterfront Advisory Board.
Mr. Odio: It's a nomination by Commissioner Dawkins.
Commissioner Dawkins: I nominate Bijan.
Mayor Suarez: Bijan...
183 February 13, 1992
Mr. Odio: Bijan.
Mayor Suarez: Anybody know Bijan's...
Mr. Odio: Yes, arbitrage.
Mayor Suarez: ... last name or is that it? We all call him Bijan...
Mr. Odio: I don't know how to spell it. I know the sound.
Mayor Suarez: All right, we know who we're talking about.
Commissioner Dawkins: Bijan Nakhjavan.
Mayor Suarez: That's it. All right. So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-106
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE ON THE
MIAMI WATERFRONT ADVISORY BOARD.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
184 February 13, 1992
33. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI
OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL (Appointed were:
Elizabeth Diaz and Leroy Smith; reappointed were: Jackie Bell, Annette
Eisenberg, Lt. Frank Christmas, Willie Starks and H.R. "Jack"
Blankenship; one appointment is still pending.)
Mayor Suarez: Item 23.
Vice Mayor Alonso: OK. I reappoint...
Mayor Suarez: OPC (Office of Professional Compliance).
Vice Mayor Alonso: ... Annette Eisenberg and Elizabeth Diaz.
Commissioner Plummer: This is on 24.
Mayor Suarez: On 24.
Vice Mayor Alonso: Yes.
Mayor Suarez: I renominate Jackie Bell.
Commissioner Dawkins: I renominate Lieutenant Franklin Christmas and Mr.
Willy Starks.
Commissioner Plummer: I put H. R. Blankenship for reappointment and where was
the list of those who wanted to be? We had a list of people who wanted to be
considered. Leroy Smith wanted to be considered and I think he would be an
excellent one.
Mr. Odio: Put Herb Bailey downtown?
Commissioner Plummer: I'll name Leroy Smith.
Mayor Suarez: So moved as to all those. Any discussion? Call... Yes, Mr.
Gonzalez-Goenaga.
Mr. Manuel Gonzalez-Goenaga: I would like to have the name and addresses and
phone numbers of all...
Mayor Suarez: Absolutely...
Mr. Gonzalez-Goenaga: ... the members of this committee so I can address them
the complaints of the Citizens United Against Police Brutality.
Mayor Suarez: They will provide it to you by the City Clerk.
Commissioner Dawkins: If they don't give it you, I'll give them to you out of
my office. No problem. OK.
185 February 13, 1992
Mayor Suarez: There you go. Call the roll, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-107
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS OF THE CITY OF MIAMI OFFICE OF PROFESSIONAL
COMPLIANCE ADVISORY PANEL FOR TERMS OF OFFICE TO
EXPIRE DECEMBER 6, 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
34. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI
AFFIRMATIVE ACTION ADVISORY BOARD (Appointed was: Gloria Rosello;
confirmed was: Capt. Virgil Fernandez; two appointments are still
pending.)
Mayor Suarez: Item 25.
Vice Mayor Alonso: I appoint Gloria Rosello.
Mayor Suarez: So moved.
Commissioner Plummer: Dawkins you have one and so does the Mayor.
Mayor Suarez: I'm going to have to postpone...
Commissioner Dawkins: I'll give it you before the next meeting.
Commissioner Plummer: Move the name that was nominated.
Mayor Suarez: So moved. Any discussion? If not, please call the roll on
that name.
186 February 13, 1992
0
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-108
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD FOR TERMS OF OFFICE AS DESIGNATED
HEREIN; AND FURTHER CONFIRMING THE SELECTION OF AN
INDIVIDUAL BY CERTIFIED BARGAINING REPRESENTATIVES OF
THE CITY EMPLOYEES AND RECOGNIZING SAID INDIVIDUAL AS
A BOARD MEMBER.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
35. APPOINT / REAPPOINT INDIVIDUAL TO SERVE AS A REGULAR MEMBER OF THE
PLANNING ADVISORY BOARD (PAB) (Reappointed was: Eladio Armesto III.)
------------------------------------------------------------------------------
Commissioner Plummer: 26 is Miriam's.
Vice Mayor Alonso: Yes. I appoint Eladio Armesto, III.
Mayor Suarez: So moved.
Commissioner Plummer: Excuse me. Can you appoint him to two boards? You
appointed him up top here.
Vice Mayor Alonso: Where?
Commissioner Plummer: On the item 24.
Vice Mayor Alonso: No, I did not. I appointed Annette Eisenberg and
Elizabeth Diaz.
Commissioner Plummer: I'm sorry.
Mr. Odio: Eladio was an incumbent, Commissioner.
187 February 13, 1992
4 0
Commissioner Plummer: No. His father.
Mr. Odio: The third.
Commissioner Dawkins: What are we doing? 26 now?
Mayor Suarez: We're on 26, PAB (Planning Advisory Board). Commissioner
Alonso. Vice Mayor Alonso, right?
Vice Mayor Alonso: Yes. You mean 26?
Mayor Suarez: Right. That's the only we've got, right?
Vice Mayor Alonso: Yes.
Commissioner Plummer: Yes.
Mayor Suarez: You think maybe you could help us a little bit? There we go.
Mr. Guillermo Olmedillo: We have...
Mayor Suarez: Such a nice man. Such a well -dressed smiling guy. So that we
can get on...
Vice Mayor Alonso: Have you said my appointment?
Mayor Suarez: There's none others to be done, right.
Mr. Olmedillo: On PAB? No, sir.
Mayor Suarez: So you're not going to let us struggle too much. You might
just sort of suggest 26....
Mr. Olmedillo: I was just to decide...
Mayor Suarez: ...Mr. Mayor go ahead and vote on it and go on to 27 and be a
happy man. There you go.
Mr. Olmedillo: Thank you.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
188 February 13, 1992
i
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 92-109
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A
REGULAR MEMBER OF THE PLANNING ADVISORY BOARD OF THE
CITY OF MIAMI, FLORIDA, EACH TO SERVE A TERM ENDING
DECEMBER 31, 1994.
(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
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
36. APPOINT / REAPPOINT INDIVIDUAL TO SERVE AS A REGULAR MEMBER OF THE CODE
ENFORCEMENT BOARD (Appointed was: Willard Hart; one appointment is
still pending -- see label 41.)
------------------------------------------------------------------------------
Mayor Suarez: Code Enforcement Board. Item 27.
Mr. Odio: Commissioner De Yurre.
Mayor Suarez: Commissioner De Yurre do you have an appointment?
Commissioner Dawkins: Hold it. Hold it.
Mayor Suarez: There's only one... It's just because of somebody with
excessive absences is all we've got.
Commissioner Dawkins: It's called... But according to my list I have in my
hand, Dawkins's appointment, his appointment expired 2/92. This is 2/92.
Mayor Suarez: All right. Entertain a motion to...
Commissioner Dawkins: Now do you plan to bring this back in March or do I do
it now?
189 February 13, 1992
�I
Mayor Suarez: Well we could do it on the 18th, but we could do it now if you
want to do it now.
Commissioner Plummer: Which board?
Commissioner Dawkins: OK. I'd like to...
Commissioner Plummer: Which board?
Commissioner Dawkins: ... I've already told Mr. Jonakin that I think somebody
else should get a chance, so I'm going to nominate Willard Hart.
Commissioner Plummer: To which board?
Mayor Suarez: So nominated.
Vice Mayor Alonso: Code Enforcement.
Commissioner Dawkins: Code Enforcement Board.
Commissioner Plummer: Oh, that useless board.
Mayor Suarez: That's to replace...
Commissioner Dawkins: Mr. Thelbert Jonakin.
Mayor Suarez: To replace Mr. Jonakin. All right.
Commissioner Plummer: A million dollars worth of taxpayers' money for
useless...
Mayor Suarez: Any other nomination? Commissioner De Yurre.
Commissioner De Yurre: I'll have it in a second.
Mayor Suarez: As to the one nominated, please call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-110
A MOTION APPOINTING WILLARD HART TO SERVE AS A MEMBER
TO THE CODE ENFORCEMENT BOARD.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
190 February 13, 1992
AYES:
NOES:
ABSENT:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
None.
None.
37. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE MIAMI STREET
CODESIGNATION REVIEW COMMITTEE (Appointed were: Orlando Morales and
Ernest Mae "Pinky" Sands.)
------------------------------------------------------------------------------
Mayor Suarez: Item 28. Don't hesitate to give me the other one later.
Commissioner Dawkins: OK. Um-hmm.
Vice Mayor Alonso: I have Orlando Morales.
Mayor Suarez: So moved. Commissioner Dawkins you want to do something
about...
Commissioner Dawkins: I think Pinky Sands.
Mayor Suarez: Pinky Sands on 28. Moved and seconded. As to those two, call
the roll, please.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 92-111
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW
COMMITTEE.
(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:
191 February 13, 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.
Vice Mayor Alonso: Just for the record, Mr. Pablo Acosta, who was my
appointment before to the Miami Street Codesignation Review Committee, he
tells me that he was not absent, he resigned from the very beginning.
Apparently, we never got the letter and he sent it, not to my office but to
the City of Miami. So just for the record.
38. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI
URBAN DEVELOPMENT REVIEW BOARD (Appointed was: Alberto Gonzalez,
Architect; two appointments are still pending.)
Vice Mayor Alonso: 29.
Mayor Suarez: Item 29.
Vice Mayor Alonso: 29. I have one appointment. Alberto Gonzalez, Architect.
Mayor Suarez: OK. So moved.
Commissioner Dawkins: I will have the other one by the end of the meeting.
Mayor Suarez: OK. All right. As to Mr. Gonzalez, so moved and seconded.
Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 92-112
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS OF 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.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
192 February 13, 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.
39. APPOINT / REAPPOINT INDIVIDUALS AS CITY OF MIAMI REPRESENTATIVES ON THE
METRO DADE COUNTY BISCAYNE BAY SHORELINE DEVELOPMENT REVIEW COMMITTEE
(Reappointed was: Jose Feito, FAIA; Appointed was: Daniel Perez
Zarraga, AIA.)
------------------------------------------------------------------------------
Mayor Suarez: Item 30. Shoreline Development Review Committee. Any
recommendation? Guillermo, I gather this is not one that we split...
Mr. Olmedillo: No, sir. In the past you collegiality chose one person to
attend. Jose Feito is attending now. Ed Wright passed away...
Mayor Suarez: You've got a good recommendation for us? Shoreline Review
Committee.
Vice Mayor Alonso: It was...
Mr. Olmedillo: Not at this time.
Vice Mayor Alonso: These are the names: Al Perez, Humberto Alonso. Are
those the recommended...
Mr. Olmedillo: No, that's the Urban Development Review Board. We're talking
about now the Shoreline Review Committee.
Mayor Suarez: How about Teo Babun? Do you think he might be interested? Do
we have any applications at all?
Mr. Odio: It should be a recognized professional architect.
Commissioner Dawkins: Or urban planner.
Mayor Suarez: All right, when you have a recommendation for us, anyone, let
us know. In the meantime,...
Commissioner Plummer: Well let me ask. Jose Feito is proposed to be
reappointed.
Vice Mayor Alonso: That's exactly what I'm talking about and they told me no.
Mr. Olmedillo: I'm sorry.
193 February 13, 1992
i
Vice Mayor Alonso: I'm right.
Mr. 0lmedillo: Sergio is sending me some information.
Vice Mayor Alonso: Thank you, sir. I was right.
Mr. Olmedillo: We had Bob Chisolm who is the President of AIA, Daniel Perez
Zarraga, Xavier Cruz, and we have Al Perez and Humberto Alonso that the Vice
Mayor also mentioned.
Vice Mayor Alonso: These are the names that they recommended to us and we are
supposed to select one of them, if we so desire.
Mr. Olmedillo: If you so desire.
Commissioner Plummer: Well, let me... What about this Jose Feito?
Mr. Olmedillo: Jose Feito is already serving.
Commissioner Plummer: It says here is proposed to be reappointed.
Mayor Suarez: Can't we just reappoint Jose?
Mr. Olmedillo: He is serving and he's still there but we have another seat.
Mayor Suarez: We have another seat.
Mr. Olmedillo: Another seat which is the one vacated by the deceased, Ed
Wright.
Commissioner Plummer: All right.
Vice Mayor Alonso: What is your recommendation?
Commissioner Plummer: I'm just reading from the paper here.
Mr. Sergio Rodriguez: I will... Let me tell you. I think that any of the
five numbers are correct. I know personally Daniel Perez Zarraga and Al Perez
and Humberto Alonso have been good members. Any one of them would be OK. So
I would suggest as a landscape architect, Alberto Perez and as an architect,
Daniel Perez Zarraga.
Vice Mayor Alonso: Can we appoint two or only one?
Mr. Rodriguez: Only one. I don't know what you want to do.
Vice Mayor Alonso: As you see we are really excited about this. We have all
kinds of...
Mayor Suarez: They're beating down our doors...
Vice Mayor Alonso: ... of strong opinions so you better give us a
suggestion...
194 February 13, 1992
0
Commissioner Plummer: You can see what happened to the last appointment. He
died.
Vice Mayor Alonso: Because of all the excitement.
Mayor Suarez: You want to be appointed? In case you lose, this other matter
that we have pending, at least you win one today, Jose. All right, I'll
entertain a motion.
Commissioner Dawkins: So moved.
Commissioner Plummer: For who?
Vice Mayor Alonso: I second. Whatever the suggestion of Mr. Rodriguez.
Mr. Rodriguez: Daniel Perez Zarraga.
Commissioner Plummer: He'll put it in Code Enforcement.
Commissioner Dawkins: Who?
Mr. Rodriguez: Daniel Perez Zarraga.
Mayor Suarez: All right. As to Daniel Perez Zarraga, so moved and seconded.
Any discussion? If not, please call the roll. Jose Luis Rodriguez, otherwise
known as E1 Puma agrees. You see him back there smiling. He's an architect,
when he's not singing.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-113
A RESOLUTION APPOINTING AND REAPPOINTING INDIVIDUALS
AS CITY OF MIAMI REPRESENTATIVES ON THE METRO DADE
COUNTY BISCAYNE BAY SHORELINE DEVELOPMENT REVIEW
COMMITTEE AND DIRECTING TRANSMISSION OF THIS
RESOLUTION TO METRO DADE COUNTY AGENCIES.
(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:
195 February 13, 1992
qb 0
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.
------------------------------------------------------------------------------
40. (A) APPOINT / REAPPOINT TWO MEMBERS TO THE BOARD OF TRUSTEES OF THE
CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT
TRUST (Reappointed were: Jesse Diner and Marshall Barry.)
(B) COMMISSIONER DAWKINS CRITICIZES THE BOARD FOR HAVING NO BLACKS
OR WOMEN APPOINTED TO THE BOARD.
(C) BRIEF DISCUSSION BETWEEN MAYOR SUAREZ AND ELENA RODRIGUEZ
CONCERNING HER PAST PERFORMANCE AS ADMINISTRATOR OF THE FIRE
FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST.
Mayor Suarez: Item 31.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Board of trustees...
Vice Mayor Alonso: Moved. Reappoint...
Mayor Suarez: ... of the City of Miami Firefighters' and Police Officers'
Retirement Trust.
Vice Mayor Alonso: Yes. I so move.
Commissioner Dawkins: Mr. Mayor, I have a problem.
Vice Mayor Alonso: You do?
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: We have one, two, three, four, five, six, seven, eight,
nine members on that Retirement Trust. I'm going to read it off for you:
Marshall Barry, appointed, economist, white Anglo male; Jesse Diner,
appointed, attorney, white Anglo male; Al Gurdak, appointed, City retiree,
white Anglo male; Charles Hall, appointed, City retiree, white Anglo male;
and, you know, it's... Mr. Al Ruder through the generosity of the City
Manager, we got a Hispanic on there, Al Ruder appointed by the City Manager
and I don't know he got to be white Spanish, but he's a white Spanish Male.
Now you got...
Commissioner Plummer: Is there a conflict?
196 February 13, 1992
46 0
Commissioner Dawkins: ..* not one female, OK, not one black out of nine
people on a retirement board. In these days and times, in my opinion, this is
utterly ridiculous. Now when do these appointments expire? Somebody. These
appointed ones.
Mayor Suarez: Ma'am are you...
Commissioner Dawkins: The ones elected by the bargaining agents, I don't have
a problem with it.
Mayor Suarez: ... want to come up to the mike please. We have the Director
of this board who I also want to ask a couple of questions.
Vice Mayor Alonso: Ninety-three.
Mr. Odio: The expire in September of 193.
Mayor Suarez: As long as we're at this.
Vice Mayor Alonso: September 193.
Mr. Odio: '93.
Commissioner Dawkins: 193?
Mr. Odio: Yes, sir.
Commissioner Dawkins: Well, when were... I'm sorry. Go ahead, Elena, please.
Mayor Suarez: No, I wanted to ask her on a different line...
Commissioner Dawkins: Yeah, well go ahead.
Mayor Suarez: ... so if you want to finish on this issue of the minority
representation...
Commissioner Dawkins: When do they expire, Elena?
Ms. Elena Rodriguez: Which seats, sir? They have different expiration dates.
Commissioner Dawkins: The appointed ones. The ones elected by the bargaining
agents, I don't have a problem with it.
Commissioner Plummer: Well isn't that the case here?
Commissioner Dawkins: They should know who they want.
Commissioner
Dawkins:
Beg
your pardon?
Commissioner
Plummer:
Isn't
this the case that these were elected by...
Commissioner Dawkins: What does... No, no, no. Elected Russell Bjorkman,
elected the City employee white Anglo male; Tom Gabriel, elected, City
employee, white Anglo male; Robert Williams, elected City employee, white
197 February 13, 1992
0 0
Anglo male; Mark Weisner, elected City employee, white Anglo male. I don't
have a problem with that. That's their bargaining right. They can choose who
they want. But the others are appointed. And I need to know, appointed by
who?
Commissioner Plummer: I don't know.
Commissioner Dawkins: OK. That's what... If you'll let Miss Elena explain it
to us, who appointed them and when they expire, then you can go ahead. Thank
you. Thank you, sir.
Mayor Suarez: Do we have the head of the Fire Fighters' Union here?
Commissioner Dawkins: Go ahead.
Mayor Suarez: Do we have any other board members here?
Ms. Rodriguez: Sir, I think...
Mayor Suarez: Wait. Wait. Wait. Wait. Did you finish your line of
questioning? I'm sorry.
Commissioner Dawkins: I'm asking her. She's telling me she's deferring.
Mayor Suarez: Go ahead.
Ms. Rodriguez: I think the President of the Union is the one that needs to
answer that question because they are the ones that initiate the appointments
for the Commission to approve.
Commissioner Dawkins: OK. Go ahead, Shorty.
Mr. Shorty Bryson: Under the Gates Settlement, the Presidents of the Union
submit a list of six which the Commission appoints one of the six.
Commissioner Dawkins: But that's from your bargaining unit.
Mr. Bryson: No, sir. That is for our two appointments that are not elected.
Commissioner Dawkins: I said your two. That's what I'm saying.
Mr. Bryson: Yes, sir.
Commissioner Dawkins: For your two that are not elected...
Mr. Bryson: We have two that are elected and two that are appointed from each
bargaining unit. Four total from each unit and then the City appoints one.
Two of them we elect, two of them we submit a list of six for each seat and
the Commission picks and that's how these people were all appointed to the
board.
Commissioner Dawkins: Wait a minute. You're telling me that... See, I'm
lost. Who... This retirement is for Police and Fire. Is that right?
198 February 13, 1992
Mr. Bryson: Yes, sir.
Commissioner Dawkins: You're telling me that the Police Department submits
four... I mean... I'm sorry. The Police Union submits four names and then
gives me two more to select from.
Mr. Bryson: No, sir. What would happen is when this thing was established
under Gates, each union elected two of the seats. That took up four. Under
the Gates, two more seats were given to each union of which we submitted a
list of six and the Commission chose one for each seat. My union submitted
for two seats a list of six, so twelve total and the FOP did the same thing.
The Commission chose the person they wanted. For reappointments, we've been
told and we have a legal opinion from the City that we only had to submit the
one name of the reappointment, which in this case is Marshall Barry and Jesse
Diner.
Commissioner Dawkins: See, I hear you, but I didn't want to get into this,
but I will since she deferred it to you. How in the hell could you, your
union, having Blacks, Latins and females in it, not have, after all these
times, and I don't know... If you did, please tell me, didn't recommend a
Black or a Latin or a lady.
Mr. Bryson: I'm going to tell you darn honestly.
Commissioner Dawkins: OK.
Mr. Bryson: Number one was I have yet to submit a list, myself, because I
haven't been president that long, but number two is when our union officials
submitted lists, they went out and got people - and they never asked, in fact
I never knew that Marshall Barry wasn't something other than a white Anglo
male, because it was never asked and our under our bylaws, we don't ask that
question, we don't keep even records on that - so those names came forward.
Marshall Barry, everybody knows here is an economist that has dealt with the
unions for years. That board has been averaging seventeen percent for the
last five years in returns and done a hellacious job. We don't believe in
pulling out people that are doing a good job.
Mayor Suarez: Whoa, whoa, whoa, whoa! Let's go back a little bit. What did
you just say? "Our board has averaged..."
Mr. Bryson: I said that board, for the past five years, has averaged about a
seventeen percent return.
Mayor Suarez: All right, I'm going to get to that. I just wanted to make
sure I heard you correctly.
Commissioner Dawkins: OK. Go ahead. Go ahead and finish.
Mr. Bryson: And what has happened is as these appointments come back up, and
these guys make the meetings, it's a pain in the rear to make all these
meetings, these are business people, they're doing such a good job, why would
we send in one reappointment. We don't look and say we sent in a new list of
six.
199 February 13, 1992
Commissioner Dawkins: But having Black, Latins and women in your membership,
it never dawned on you that they would feel comfortable with a representative
from either one of those groups, even though you're making seventeen percent
return on it?
Mr. Bryson: Sure.
Commissioner Dawkins: OK. That's...
Mr. Bryson: Sure, but I think their biggest concern is that that fund is
healthy and doing a great job. You know that's been our biggest concern.
Commissioner Dawkins: You know, that's the trouble here today in America...
Mr. Bryson: Yeah, that they do too good of a job.
Commissioner Dawkins: In America, the trouble is that as long as the wheel
isn't squeaking, don't put no grease on it. OK? But if you don't grease it
and it don't squeak, it will wear out. Now somewhere along the lines, see, I
don't how or what and whatever the Gates says and whether it's not, if your
membership, the blacks and the Latins, come to this Commission and tell me
they are dissatisfied with what's happening, something's going to have to be
done about it. But if they tell you and me that they are satisfied, I don't
have a problem with it. But if they come to this Commission and get on the
agenda and tell me, Commissioner Dawkins, I agree with you, some of us ought
to be on there as representatives, we have to find a way to adjust it. Thank
you.
Mr. Bryson: I would like to say one more thing.
Commissioner Dawkins: Go right ahead, Shorty.
Mr. Bryson: For the elected position, we didn't have anybody run. Those guys
ran unopposed. That's open to anybody in the bargaining unit to run for and
we've had no blacks or Latins run yet. Our executive board is comprised of
all kinds of minorities and I wish they would run.
Commissioner Dawkins: We11, I can easily see why. Because you just sat up
here and told me that they don't stand a possible chance, so why run?
Mr. Bryson: I didn't say that.
Commissioner Dawkins: Well, I mean... Well, hold it. It was implied.
Mr. Bryson: Running for office is elective.
Commissioner Dawkins: It was implied that we just appoint the good old boys
over... We recycle them, so that's...
Mr. Bryson: I'm talking about elected positions, sir.
Commissioner Dawkins: OK. All right. Thanks, Shorty.
200 February 13, 1992
Mayor Suarez: I think there may have been another reason and this brings me
to the point I want to make about the return on your investment. If you
propagate the notion, Shorty, and Al - because this affects your union just as
much - that the return on the investment has been seventeen percent the last
five years, that contradicts figures you gave me by a margin of about forty
percent, I want you to know, because I've got the total fund in the last five
years at twelve point three percent rate of return. So not seventeen
something, so you might want to get that squared away. While you do that, let
me tell you the problem I've had, and Elena, you wanted to know before the
beginning of this meeting why I was arguing, why I was saying to Mr. Bryson,
who heads the union, that you had not given me the information that I had
wanted until two months after I asked for it and after much pain on my part,
information that all the unions should know about. We had a hearing in
December, let me recap for you. And in that meeting, in December, sometime
around that time, you sent me a letter, presumably to all the Commissioners,
the first line of which December 5, 1991 said "Honorable Mayor, it is not
often that a career civil servant gets to brag about the work she has done for
most of here adult life."
Ms. Elena Rodriguez: That's right.
Mayor Suarez: So, I figure if you're going to brag, I'm going to get some
answers. And I asked you, Mr. Manager, I would really appreciate if you'd
listen in on this, sir. And for that matter, the Herald reporter, too. I
asked you, you're bragging, what are you bragging about? What has been your
return the last few years? Your answer was well, last year we had a twenty-
five point nine percent return and I said that's a fantastic return. That is
right up there with one of the best money managers that I'm familiar with and
it's, by the way, a Hispanic -owned firm called Amarindo and they have a local
partner. You might want to talk to them about the possibility of using them.
But they're around thirty percent in the last few years, so that's
magnificent. Then I asked you what about the year before last? I asked you
that in December, Elena,..,
Ms. Rodriguez: You got it, sir.
Mayor Suarez: ... by phone conference, I believe.
Ms. Rodriguez: Excuse me, sir. May I answer you as you go along?
Mayor Suarez: No, no, no, no, no, no, no. Not at all. Because you took me
two months to answer...
Ms. Rodriguez: No, sir.
Mayor Suarez: ... my question and now I want to tell you...
Ms. Rodriguez: No, sir.
Mayor Suarez: ... what it was and then you may contradict any of that. So
then I said what about the year before, Elena, because I need to know more
than one year and you sent me a fax, which for the union members that may be
here and may be listening and the union heads, included the last year at
twenty-five point six percent, some of these vary, I guess, slightly, because
201 February 13, 1992
i
depending whether you're using worth or cash in, cash out, and these things
are fairly complicated as to value, but we roughly are about the same figure
that I was saying. And then it gives me the answer for the last two years.
Maybe this happens to you, too, Charlie, with your board. The two years
cumulative as twelve point zero percent. So I got this, you know, I got other
things to do. In the meantime, you send me the City of Miami, Florida Notes
to Financial Statements which I went through, or I got them from some other
source, because I was trying to get a very simple answer. What was the rate
of return last year? You gave me, the immediate last year. I wanted to know
the year before that and you gave me a cumulative for the two years. Very
interesting that you gave me a cumulative for the last two years. I finally
wrote you on December 10, 1991, in case you don't remember this letter.
Hopefully, it got to you, it was directed to the City of Miami Fire Fighters'
and Police Officers' Retirement Trust. Presumably, it got to you. If it
didn't, my mistake, but that was two months ago, still asking the same
question. Yesterday, and by the way I guessed in that, what was really
happening. What was happening, mathematically, is that last year you did
twenty-five point six, the fund has been at around the same level.
Cumulatively, you did twelve something in the last two years. Therefore, you
had a year, the year before last, where you did zero. Zero. And yet you send
me the letter, December 5, 1991, where you say that you're bragging. Well,
you can brag about last year, but you're not bragging about the year before
last and I find it troubling - I'm not accusing you of anything - I find it
troubling, ma'am, that it would take me two months to figure out something
that I hope all you union members are familiar with. All of them. Which is
what the return was last year and what the return was the year before. Very
simple figures. Just like I hope everybody in this City is familiar with the
total amount of the fund. I think the total amount of the fund is a very
important factor and what percentage of underfunding do we still have. If
none of this troubles you, then I'm really worried because your unions got
zero percent return on their retirement trust the year before last. Zero
percent. If I say zero, it could be zero point four.
Mr. Bryson: But you know that's just a snapshot. That is...
Mayor Suarez: If that doesn't trouble you, maybe...
Mr. Bryson: Sir, of course...
Mayor Suarez: ... maybe that's just the way you feel about it.
Mr. Bryson: No, of course it troubles me.
Mayor Suarez: But I will take it upon myself to write to all of your members
and tell them that in case they don't know that, that two years ago, they got
zero. I would have thought at that point that you would have the courtesy,
ma'am,...
Mr. Al Cotera: We did.
Mayor Suarez: ...to let all of us know we had a very bad year. Do you have
any ideas what we might do?
Mr. Cotera: That's how I got elected.
202 February 13, 1992
0
Ms. Rodriguez: Can I answer at this point?
Mayor Suarez: All right, sir.
Ms. Rodriguez: Can I answer at this point?
Mayor Suarez: It took me two months to ascertain this information, no matter
how many times I asked it, and I certainly wasn't aware of it.
Ms. Rodriguez: May I answer?
Mayor Suarez: Finally, finally,... There's nothing to answer, really, I mean
I'm going...
Ms. Rodriguez: There is. Can I answer?
Mayor Suarez: ... to let you answer in fairness. Finally, most important
point of all, I sure as heck hope that even though you don't have any minority
members on your board, have one who is a City employee, you at least, in view
of that horrendous performance two years ago, which does not mirror the market
at all , because it was a good year for the market, that you would look at
minority firms to manage some of the funds. Now when the one percent fund
comes in, the one check that comes into the hands of the Mayor of this City,
as opposed to other cities where the Mayor makes most of the decisions here I
just get the one percent fund and I pass it to you. What do I do every time?
I call you in, I call your board members in - not you, specifically - and I
discuss with them the possibility that some of that money may be deposited in
local banks, minority -owned banks. I don't think you've ever actually
deposited anything with them, but at least we try. And I strongly suggest to
you, I can't force you to do it, I can't force you to do it, but I strongly
suggest to you that you look at minority -owned financial, I mean money
management firms for your investment portfolio.
Ms. Rodriguez: May I answer, please?
Mayor Suarez: And if you don't do that, ma'am, then I think you're derelict
in your duties, you should look at all of them because you had a horrendous
year two years ago and you should not send me letters saying that you're
bragging unless you're trying to...
Ms. Rodriguez: May I answer, please?
Mayor Suarez: ... dwell on the last year as opposed to the prior year. If
there's anything that I have said, anything that is not correct, please tell
me.
Ms. Rodriguez: Yes, sir, I will. Thank you. First of all, you contacted me
on December loth...
Mayor Suarez: Yes, ma'am.
Ms. Rodriguez: You asked me for the rate of return for the last two years...
203 February 13, 1992
_ Mayor Suarez: Yes, ma'am.
Ms. Rodriguez: ... and you asked me for the cost versus market for the last
two years.
Mayor Suarez: I didn't get into that, you did. But, uh...
Ms. Rodriguez: You asked me for that, sir.
Mayor Suarez: ... I wanted to know the total...
Ms. Rodriguez: You did not call yourself. You had somebody call and you
asked me for that. I told you I would get it for you and would fax it back.
I faxed it the same day. And I left it in the computer. I left the form in
the computer. I did not hear from you again. Today I saw a letter that you
said you faxed to me. No, you did not fax it to me.
Mayor Suarez: You didn't receive my letter of December loth.
Ms. Rodriguez: Martin just showed me that and the letter that Martin showed
me acknowledges that you got, in essence, this same information the same day
you requested it. The second paragraph in that letter that Martin showed me
requests the daily balances. We don't do any in-house trading, sir. The
trading is done...
Mayor Suarez: I did not request daily balances, ma'am.
Ms. Rodriguez: It's right there in the letter, sir.
Mayor Suarez: No.
Ms. Rodriguez: We don't do any...
Mayor Suarez: OK. Do you have any...
-' Ms. Rodriguez: Please, may I...
Mayor Suarez: Go ahead.
Ms. Rodriguez: Please let me finish.
Mayor Suarez: Yes, sure. You haven't contradicted anything that I've said
yet. I mean, in fact, it took me two months to get these, the very simple
information...
Ms. Rodriguez: No...
Mayor Suarez: ... that I thought you would have memorized the day that I
first asked you right here. In fact, I just got it dated February loth, but
go ahead.
Ms. Rodriguez: You can't...
204 February 13, 1992
Mayor Suarez: Maybe we didn't communicate with you clearly enough. I hope
that in the future, it wouldn't take any great communication. I'd hope you
have these figures memorized. Go ahead.
Ms. Rodriguez: You can't memorize...
Mayor Suarez: At least the last two years.
Ms. Rodriguez: You can't memorize those figures, sir.
Mayor Suarez: The last two years, I think you can, ma'am.
Ms. Rodriguez: You got the figures the same day, December loth, the same day
you requested it. You acknowledge it in your letter that I just saw from
Martin today that you received those figures the same day you requested it.
That's your first paragraph. The second paragraph requests daily balances.
We don't do in-house trading. We have outside managers, which I do not
select. They are selected by the board. I do not select managers at all.
Mayor Suarez: Do you recommend them to your board?
Ms. Rodriguez: No, sir. I don't.
Mayor Suarez: You don't recommend them to your board?
Ms. Rodriguez: No, sir.
Mayor Suarez: Your board on its own finds the...
Ms. Rodriguez: I didn't say that.
Mayor Suarez: ... financial managers. The money managers.
Ms. Rodriguez: I didn't say that, sir. The board goes outside and hires the
consultant to do a nationwide search. The consultant comes back with the
rates of return and the merits of all the managers out there. There is five
thousand of them out there. They keep a data base on these managers and they
bring the best back to the board.
Mayor Suarez: I've never heard of a board in my entire life to function that
way where the executive director...
Ms. Rodriguez: This one does.
Mayor Suarez: ... is basically a rubber stamp. Usually it works the other
way around.
Ms. Rodriguez: No, sir.
Mayor Suarez: This Commission, by the way, is one of the few boards that
begins to work less and less like a rubber stamp, although sometimes that's
not easy.
205 February 13, 1992
_ Ms. Rodriguez: This one does not work like a rubber stamp. They go through
pains to do this over here.
Mayor Suarez: No, it sure doesn't. It sounds like they do everything for
you. It sounds like you're the rubber stamp.
Ms. Rodriguez: They do a very good job. Excellent job. We did not have a
horrendous year...
Mayor Suarez: Well, you had a bad year the year before, right?
Ms. Rodriguez: No, sir. May I answer that?
Mayor Suarez: You didn't have a bad year?
Ms. Rodriguez: No, sir, we didn't.
Mayor Suarez: All right. Explain that to me.
Ms. Rodriguez: The market dropped right at the end, and if you look at the
list that you had asked me comparing cost to market, you will see it. You
will see that it started dropping... Go back...
Mayor Suarez: It was not a bad year to have a zero percent return for the
year? Zero point four.
Ms. Rodriguez: That's a snapshot as of the end of the year.
Mayor Suarez: It was not a bad year?
Ms. Rodriguez: No, sir. It wasn't.
_ Mayor Suarez: OK. Did you advise anyone in writing, do you have any writing
anywhere, any letter that instead of the one that we got on December 5th that
says you're going to brag about your performance as a civil servant says we
;i just went though a very bad year. The end of the year was disastrous and we
got zero percent return for all the money of all the City employees that have
been saving up for their retirement?
i' Ms. Rodriguez: It was not a horrendous year. We finished in the top of the
chart. It was not a horrendous year. The entire market had dropped. We have
an audit at the end of the year. That audit is included in the annual
report...
i'. Mr. Odio: Mr. Mayor.
Ms. Rodriguez: ... and the annual report is transmitted to the Commission, to
the Manager, to the entire membership.
Mr. Odio: Mr. Mayor. I maybe answered that part, because when we were
arguing the assumption rates that we would have to pay on, we did a look
back... the month before, it was running about eleven to twelve percent and
what happened is the actuarial when he saw the plunge at the end of the year,
used the zero point four to use his assumption for the next year and we got
206 February 13, 1992
him to change the assumption based on the months before. There was a plunge
at the end of the year and that's what they...
Mayor Suarez: Oh, you bet your life there was a plunge, otherwise they
wouldn't have had a zero percent return on the investment for the whole year.
The question would then be, if you're going to go deeper into it. is why you
didn't have a sufficiently combined and mixed portfolio that you wouldn't have
such a dip from any one sector of the market. And if I had enough time and if
I was on your board and if I had the ability to hire or fire you, ma'am, I
guarantee you that I would delve into it. But I don't. So, I am just simply
alerting the heads of the unions that they had a horrendous year two years ago
by my estimation at zero percent, zero point four percent, and if that
troubles them fine. If that doesn't trouble them, it troubles me because we
have to cover the underfunding. The underfunding is partly a function of the
rate of return on what the fund has, and so it troubles me. By the way, just
one last question.
Ms. Rodriguez: Yes, sir.
Mayor Suarez: What is the total amount in the fund right now? Either market
or cost or whatever. Just give me a total amount.
Ms. Rodriguez: Let me give you both. The cost is four hundred and forty-
three million dollars. The market is five hundred and twelve million dollars.
Mayor Suarez: Right. Thank you. So by at least one valuation, we have over
five hundred million dollars in the retirement fund...
Commissioner Plummer: But what's the unfunded liability?
Mayor Suarez: Of the Police...
Ms. Rodriguez: We have none.
Mayor Suarez: You know what I've been arguing? I've been arguing that the
unfunded liability is zero, but some people say it's fifteen percent still or
eighteen percent. We had thirty-five percent unfunded liability when I was
elected in 1985. Yes, sir.
Mr. Al Cotera: To answer two of your questions, or two of the statements that
you made, Mr. Mayor.
Mayor Suarez: Yeah.
Mr. Cotera: Yeah. I'm Al Cotera, President of Fraternal Order of Police.
Yeah, the membership was aware of that supposedly bad year that we had and,
again I don't want to get into the numbers or argue the numbers with you. The
market did take a deep plunge. And it was one of the reasons that I was
elected.
Mayor Suarez: But you have a...
Mr. Cotera: Believe me, I brought it to the forefront and...
207 February 13, 1992
Vice Mayor Alonso: So you're pleased.
Mayor Suarez: You have a portfolio...
Mr. Cotera: ... said the other guy didn't do much about it.
Mayor Suarez: You had a portfolio that was totally reliant on the market for
the fund?
Mr. Cotera: Well, you've got to remember that I used the same tactic. We had
a bad year and this person is partially to blame...
Mayor Suarez: Do you realize that what you've said, Al...
Mr. Cotera: ... and I think I can do a better job and it worked.
Mayor Suarez: ... is that you said that you assume that...
Mr. Cotera: So believe me the membership was well aware of it.
Mayor Suarez: ..* if your fund does not have any return one year, it's
because the market quote, unquote, whatever that is, had a bad year, too and
therefore...
Mr. Cotera: Again, we can argue about whether it was over the entire year or
whether you're reading just the picture of the last quarter.
Mayor Suarez: That was the total at the end of the year, sir. That's a total
for a twelve-month period. That is not a snapshot. Unless you consider a
year a snapshot.
Mr. Cotera: All right. The other comment that you made was as far as the
Police membership is concerned, Mr. Mayor, I have checked with the leaders of
both the Hispanic organization and the MCPBA(Miami Community Police Benevolent
Association), the black organization, and as I have done since I took office,
and they have no problems with the reappointment that I'm suggesting, Mr.
Diner. He's done a good job. And on the other thing that your costs are
dependent upon how our fund does, if you look at your numbers, you'll see that
your costs have been steadily declining and not increasing, so I would hate
this Commission to penalize the board for doing a good job or what I consider
to be a good job.
Mayor Suarez: By the way, last year was a good year in your fund investment.
It's still not a real, real good year...
Mr. Cotera: We made fifty-five million dollars in the last quarter.
Mayor Suarez: ... compared to many, many markets and many, many other funds
because, if I remember correctly, the stock market went up by more than that.
And that's just one aspect of the market for financial management. I sure
hope, and I don't know the answer to this and I don't think we have time to go
into it today, but I sure hope that neither one... I'm sorry, that the fund
does not depend to a great extent on the stock market, over-the-counter
208 February 13, 1992
stocks, for your investments. If you're doing that, you're making a big
mistake.
Ms. Rodriguez: We don't do in-house investments, sir. We have...
Mayor Suarez: I'm sorry.
Ms. Rodriguez: We don't do in-house investments.
Mayor Suarez: I don't care if you do them in-house or out of the house,
ma'am! I am saying that ultimately the money gets placed with somebody who
manages it, invests it for you and you have one year where you got zero
percent. And your answer is, the stock market had a bad year and I'm telling
you that you should not be satisfied with that answer because that's a very
scary proposition. Sir. Have a seatl
Mr. Manuel Gonzalez-Goenaga: Stock market, bad year.
Mayor Suarez: Have a seat, sir. Can we get an officer? If you don't have a
seat, you're going to be removed. We have enough clowning around here.
Mr. Gonzalez-Goenaga: I'll find a chair.
Mayor Suarez: And remove him, too. Apparently, he's his assistant. Take
care of both of them. You should worry. That's all I'm saying, ma'am.
(LAUGHTER)
Mayor Suarez: See now you broke up my line of thought and my anger. You
should worry that you're depending too much on the stock market, if that's
what you're doing. You are the executive director of this fund. You are the
one charged with responsibility for making sure that at the end of the year
there is a sufficient return. Many other funds have been getting steadily
higher than twelve percent. It is no longer a great thing to get twelve
percent the last four or five years. And you should not have a zero percent
year if you have well balanced financial investments. That's all I'm telling
you. If you don't believe that, fine, then a few years from now, you're going
to find that the fund is no longer growing like it's been growing and the
underfunding has not decreased to the point that the Manager just told me that
our understanding is this particular fund is at zero percent underfunding,
that's what he thinks. Let me put that in the record, spread that on the
record, as he has suggested. Thank you everybody. Keep an eye on that fund
because it doesn't sound like anybody else is. Item 30. Did we vote on this,
Madam City Clerk?
Vice Mayor Alonso: Twenty-nine.
Mayor Suarez: Do we have a motion on it? On the appointments.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
209
February 13, 1992
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-114
A RESOLUTION APPOINTING TWO MEMBERS TO THE BOARD OF
TRUSTEES OF THE CITY OF MIAMI FIRE FIGHTERS' AND
POLICE OFFICERS' RETIREMENT TRUST AS PROVIDED FOR BY
CITY OF MIAMI ORDINANCE NO. 10002, SECTIONS 40-201 AND
40-202, FOR SPECIFIED TERMS OF OFFICE EXPIRING
SEPTEMBER 30, 1993.
(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
41. (Continued Discussion) APPOINT INDIVIDUAL TO SERVE AS A REGULAR MEMBER
OF THE CODE ENFORCEMENT BOARD (Appointed was: Eva Parker -- see label
36.)
Commissioner De Yurre: Mr. Mayor. I have my appointment now for the Code
Enforcement Board.
Mayor Suarez: So move the appointment, please.
Commissioner De Yurre: Eva Parker.
Mayor Suarez: For the Code Enforcement Board, so moved. Commissioner De
Yurre... Second?
Commissioner Plummer: Second.
Mayor Suarez: Call the roll.
210 February 13, 1992
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-115
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO SERVE
AS A REGULAR MEMBER OF THE CODE ENFORCEMENT BOARD OF
THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
42. APPOINT / REAPPOINT INDIVIDUALS TO SERVE ON THE MIAMI SPORTS AND
EXHIBITION AUTHORITY (Appointed were: Bill Bayer and Eli Feinberg.)
Mayor Suarez: Do we have any mathematical... Yes.
Vice Mayor Alonso: No, no. Go ahead.
Mayor Suarez: Any mathematical... I know we don't have a philosophical
resolution of the issue of the Orange Bowl bid, but do at least we understand
the numbers so that we can present a clear picture to the Commission.
Vice Mayor Alonso: Before we get into that...
Mayor Suarez: Yes, Madam Vice Mayor.
Vice Mayor Alonso: ... I just want to take care of my appointments to the
Sport Authority. I want to reappoint Bill Bayer and Eli Feinberg.
Mayor Suarez: So moved.
Commissioner Plummer: Second.
Mayor Suarez: Second. Call the roll, please.
211 February 13, 1992
d
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-116
A RESOLUTION REAPPOINTING INDIVIDUALS TO SERVE AS
MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY
FOR TERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: Reconsider those two guys. They're not very good.
Mayor Suarez: Bill "Bunky" Bayer back on the board.
43. CLASSIFY UP TO 20 SURPLUS POLICE PATROL SPECIFICATION CARS AS CATEGORY
"A" STOCK, SHOULD THEY BECOME AVAILABLE AS SURPLUS CITY STOCK -- DONATE
SAME TO FLORIDA CITY TO BE USED IN ITS EFFORTS TOWARD DETERRING CRIME.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, while you're waiting for them, can I read a
resolution that needs to be re -updated. A resolution which we passed before.
(READ RESOLUTION TITLE INTO THE RECORD) I so move.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Call the roll.
212 February 13, 1992
7-1
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-117
A RESOLUTION CLASSIFYING UP TO TWENTY (20) SURPLUS
POLICE PATROL SPECIFICATION CARS AS CATEGORY "A"
STOCK, SHOULD SUCH CARS BECOME AVAILABLE AS SURPLUS
CITY STOCK; FURTHER DONATING THE SAME TO FLORIDA CITY,
FLORIDA, SUCH DONATION TO BE VALID AND EFFECTIVE
BETWEEN FEBRUARY 14, 1992 AND FEBRUARY 13, 1993 UPON
THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS;
SAID VEHICLES TO BE USED BY FLORIDA CITY, FLORIDA, IN
ITS EFFORTS TOWARD DETERRING CRIME.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
44. GRANT REQUEST BY MIAMI NORTH - SOUTH GOLF TOURNAMENT, INC. FOR WAIVER OF
GREEN FEES IN CONNECTION WITH THE 41ST ANNUAL MIAMI NORTH - SOUTH GOLF
TOURNAMENT IN MIAMI SPRINGS.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Dawkins: I have a pocket item.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Gardner is here, and each year, and I don't know -
I guess he wants us to feel sorry for him. Every year he waits until three
days before the event to come down and ask us to waive the green fees or
whatever they have to do for the oldest black golf tournament that's been
played which is called the Miami North/South Golf Tournament. Tell us what
you need so we can go, please.
213
February 13, 1992
e
-1
Mr. Richard Gardner, Jr.:
Street.
My name is Richard Gardner, Jr., 954 N.W. 53rd
Commissioner Plummer: Isn't this Dave Bonduo? Isn't this the one for Dave
Bonduo?
Commissioner Dawkins: Yes. That's the one that honors Dave Bonduo. Yes.
Commissioner Plummer: Move it.
Commissioner Dawkins: Let's move it. All right, what do you need?
Mr. Gardner: The green... The same agreement as...
Commissioner Dawkins: The green fees. All right, so move the same thing.
Mr. Manager.
Commissioner Plummer: Second.
Mr. Gardner: And the dates.
Commissioner Dawkins: Mr. Manager. The same thing we did last year, please.
OK.
Mr. Gardner: Thank you much.
Commissioner Dawkins: Thank you. Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-118
A RESOLUTION GRANTING THE REQUEST FROM REPRESENTATIVES
OF MIAMI NORTH - SOUTH GOLF TOURNAMENT, INC. FOR THE
WAIVER OF GREEN FEES IN AN AMOUNT NOT TO EXCEED $7,200
FOR THE 41ST ANNUAL MIAMI NORTH - SOUTH GOLF
TOURNAMENT TO BE HELD FEBRUARY 20 - 22, 1992 AT THE
CITY OF MIAMI GOLF COURSE AT MIAMI SPRINGS, PROVIDED
THAT CITY ELECTRIC GOLF CARTS ARE RENTED, THAT ALL
OTHER CITY COSTS ARE PAID BY THE TOURNAMENT SPONSOR,
AND THAT AN AUDIT BE CONDUCTED AFTER THE CONCLUSION OF
THE EVENT; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND
THE TOURNAMENT SPONSOR FOR THIS PURPOSE.
(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:
214 February 13, 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.
-------------------------------------------- ----------------------------------
45. ALLOCATE $71,714 TO ALLAPATTAH COMMUNITY ACTION, INC., TO ASSIST IN
THEIR EFFORTS TO COMPLETE THE ALLAPATTAH CHILD CARE CENTER.
Commissioner De Yurre: Mr. Mayor. If I may, we have with us Orlando Urra who
needs our assistance, economic assistance, to be more precise, in finishing
the child care center over in Allapattah and I believe that the
Administration, Mr. Odio, has identified the sums necessary of fifty-one
thousand three hundred and five dollars to finish this development and if we
can put on the record what it is that needs to be finished and where the
monies are coming from, I'd like to do that at this point in time.
Mr. Orlando Urra: My name is Orlando Urra. My address 1819 N.W. 22nd Place,
Allapattah, Miami. I am Executive Director of Allapattah Community Action.
Let me present Mr. Al Niebla, he talks in the name of the Allapattah Community
Action.
Mr. Alexander Niebla: Basically what we're requesting those monies for are
that we are planning on expanding our kitchen. In the long run, it's going to
be more cost efficient to us to have an in-house kitchen in our day care
center so we can prepare the meals for the kids that are going to be there and
the monies are going to be spent for the plans, the designs and the extra
additional space to build the kitchen.
Commissioner De Yurre: How many children are you going to be having?
Mr. Niebla: Up to a hundred and fifty. Between the ages of eighteen
months...
Commissioner De Yurre: That's a big child care center.
Commissioner Plummer: What about the water?
Mr. Niebla: ... and five year.
Commissioner De Yurre: What about the water?
Mr. Niebla: And there's another...
Commissioner Plummer: What about the water?
215 February 13, 1992
Mr. Niebla: There's another problem also that we encountered when we were
finishing the day care center. A preliminary fire investigation of the day
care center and the pressure of the water showed that the pressure, the
existing water pressure that we have now does not serve the ordinance for the
day care center, a Dade County ordinance, so what we would have to do is we
would have to bring in a twelve -inch pipe from the north side of N.W. 20th
Street across to our day care center and that's an extra cost of sixty-four
thousand dollars. However, we've tried to resolve this situation outside and
not bring it before the City Commission and what we've been able to do is
we've come to an agreement with the County in which they're going to give us
forty-four thousand dollars of that. However, we're still short the extra
twenty thousand dollars.
Vice Mayor Alonso: How much was the total amount of this project?
Mr. Niebla: The total amount of the project so far has been somewhere around
four hundred thousand dollars.
Vice Mayor Alonso: That's what you planned at the beginning?
Mr. Niebla: Yes.
Vice Mayor Alonso: And now you have an increase of sixty-four thousand and
fifty-one thousand. Is that right?
Mr. Niebla: No, the fifty-one thousand would be for the kitchen. Fifty-one
thousand three oh five.
Commissioner De Yurre: That was under the original budget? The kitchen.
That's something...
Mr. Niebla: No, that's something...
Commissioner De Yurre: ...that you've realized that is better.
Vice Mayor Alonso: You didn't have a kitchen before?
Mr. Niebla: Exactly. We had a kitchen but what we were going to use the
kitchen for was for heating bins, we were going to have to food catered for
the children.
Vice Mayor Alonso: Warming and not cooking. And now actually you will be...
Mr. Niebla: Exactly. Now we found out - we did a cost analysis - and we
found out that in the long run, it's going to be more cost efficient if we
would cook our own meals and it would be better also for the nutrition of the
kids that will be attending the day care center. And the sixty-four thousand
dollars that you spoke about concerning the water, forty-four thousand dollars
of that sixty-four we've been able to take care of it through Dade County, but
we're still short twenty thousand in addition to the fifty-one thousand.
Mayor Suarez: Does anybody have any idea where this money might be found?
Mr. Manager, have you look at this? Have any recommendations?
216 February 13, 1992
Mr. Odio: We had some money in Special Programs and Accounts. I want to
point out, Mr. Mayor, that what I was trying to do and I couldn't do it
because it was too complex, they built a parking lot that technically is in
our park and we're going to use that parking lot and, in fact, we should be
refunding the work in that parking lot; unfortunately, they need the money now
and I didn't have time to go to the Curtis Park renovation program and get it
done through that, the refunding of the parking lot, and also the Sports
Authority had some monies coming to that park. If they had not built a
parking lot, we would have had to, also, so that's why I agree that this is...
Commissioner De Yurre: How many parking spaces are we talking about?
Mr. Odio: Two hundred, I think it was. Two hundred.
Commissioner De Yurre: No, but is that two hundred around the park?
Mr. Odio: Around that...
Mr. Niebla: Around the area.
Commissioner De Yurre: I'm talking about the day care center.
Mr. Odio: Around the immediate area where they built.
Commissioner De Yurre: That they're building? The one that they're building?
Mr. Odio: Yeah.
Mr. Niebla: Right.
Mr. Odio: As you know, they are continuing to... the track field and the
other area.
Commissioner De Yurre: And...
Mr. Odio: So if they had not built the parking, we would have had to.
Commissioner De Yurre: And how much is that?
Mr. Odio: The amount was about eighty thousand...
Commissioner De Yurre: Seventy-one thousand seven hundred and fourteen
dollars?
Mr. Odio: It was around eighty thousand when we last looked at it. So, if I
had had time, because of the urgency, they have to finish this...
Commissioner De Yurre: Well do you... What's your recommendation?
Mr. Odio: I recommend that we do fund them out of Special Programs subject to
the Special Programs and Accounts being refunded from the park renovation part
when we have time to do the paperwork.
i
Commissioner De Yurre: OK. I'll move it.
217
a
February 13, 1992
Mayor Suarez: Are you sure the funds will be found in the Parks Improvement
Fund?
Mr. Odio: Yes, we do have funds because the Sports Authority still had some
funds coming to us and we still have some monies left as part of the main
part.
Commissioner Plummer: What you're saying is you've got the money?
Mr. Odio: Yes.
Commissioner Plummer: I second the motion.
Mayor Suarez: Moved and seconded. Any further discussion? If not, please
call the roll.
Mr. Odio: If we do this, we have to pay back...
Commissioner De Yurre: Don't confuse the issue.
Mayor Suarez: But we will be replenishing the Special Funds and Accounts?
Vice Mayor Alonso: Yeah, Mr. Mayor.
Mayor Suarez: We can't afford to... Yes, Commissioner. Vice Mayor.
Vice Mayor Alonso: Just one comment for the record. I think these kinds of
transactions where we have to move money from one account to the other and so
on, I advise that it should not come as a pocket item. It's something that
should really come to all of us ahead of time and I'm not going to present any
problem in this case, but I think it's something that when we are talking
about fifty-one thousand dollars coming from one account that you say you will
pull from a different account, and then when you receive the money, then you
will pay back that account, it's too complicated for my taste as a pocket
item. It's something that should be part of the agenda, where the public
should know about that and we should have at least an opportunity to... At
least, this Commissioner was never told. , It was discussed with the
Administration because you found the money, you look at ways, but I was never
told. And I think if, for no other reason, at least a matter of simple
courtesy, each member of this Commission who has to give a vote, should be
told in advance. It's not a question of close a street or just forty-five
hundred dollars for something. It's a major construction and I think that we
deserve, at least, the courtesy of some discussion prior to giving the vote.
I will go along with this because I consider this project has value but I
don't think that it should become a system - and it has happened before - and
I want to make a point, due to the circumstances. We're talking about fifty-
one thousand dollars. I'm going to vote in favor of this, but I want to be...
Commissioner Plummer: Seventy-three.
Vice Mayor Alonso: ... reassured by the City Manager that the money will come
back to that account and that you will make a point to notify us when the
money is found and when it's deposited in that account again. Thank you.
218 February 13, 1992
Mayor Suarez: OK. I really think we need that information and I think that
it's a good caveat...
Commissioner Plummer: For the record, it's more than fifty-one, it's seventy-
three.
Commissioner De Yurre: OK. Just for the record, seventy-one seven fourteen,
I believe it is.
Vice Mayor Alonso: How much?
Commissioner Plummer: It's fifty-one and twenty-two, right?
Vice Mayor Alonso: Twenty-two for what?
Mr. Niebla: No, in total it's fifty-one three oh five and twenty. So it
would be a total...
Commissioner Plummer: That's for bringing the water in.
Commissioner De Yurre: Seventy-one three oh five.
Mr. Niebla: No, no, no.
Vice Mayor Alonso: The balance to complete the water...
Mr. Niebla: OK. The balance to complete the water is twenty thousand four
hundred.
Vice Mayor Alonso: Who gave you the rest of the money for the water?
Mr. Niebla: The County.
Vice Mayor Alonso: The county did.
Mr. Niebla: Yes. The total for the water that we...
Vice Mayor Alonso: How much the County gave you all together?
Mr. Niebla: Well, for the water forty-four thousand, ma'am. It cost... The
project would cost, in their estimation, sixty-four thousand four hundred.
They gave us forty-four thousand and we had to come up with the twenty
thousand four hundred.
Vice Mayor Alonso: Why is it so expensive? It's just to bring the water to
the property?
Mr. Niebla: Yes, ma'am. But we have to... It's a twelve -inch main that has
to come from the north side of N.W. 20th Street and bring it about three
blocks and connect it to a new fire hydrant.
Commissioner Plummer: Is this work done by the Water and Sewer Department?
219 February 13, 1992
I
I
Mr. Niebla: Yes, sir.
Vice Mayor Alonso: If you do it with a private contractor, will it be less
money?
Mr. Niebla: I believe... I don't know that answer, but I believe there's an
ordinance that Water and Sewer is the one that has to do it.
Vice Mayor Alonso: Are you sure? Because I have seen work in the City of
Miami done by private contractors. You can save quite a bit of money. I
think you should look into that, and if it's possible, maybe the same
contractor that is working for you could save you quite a bit of money. And
if so, then we can save money as well.
Mr. Niebla: At this point, I don't have that answer to give you.
Commissioner Plummer: You'll look into it.
Mr. Niebla: But, I'll look into it.
Vice Mayor Alonso: Look into that. Because there is a strong possibility.
It's done in the City of Miami, so I'm sure you might be able to do it. I
don't know the particulars about this case and maybe not, but just be certain
because the prices will be much more reasonable if done by private contractor.
Mr. Niebla: OK. I'll look into it.
Mayor Suarez: All the comments are well taken as to not springing this on
us...
Commissioner Plummer: Oh, yeah.
Mayor Suarez: ... without prior warning and as a pocket item. It's just not
the correct way to do this and the constant shifting of funds from one account
to another is not the way the City should work, except in a dire emergency and
it sounds to me like if a little bit of anticipation had existed here, a
little bit of warning, we might have been able to do it in a more
straightforward way. We have a motion and a second, Madam City Clerk?
Commissioner Plummer: Yes.
Mayor Suarez: Call the roll, please.
220 February 13, 1992
�► r
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-119
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$71,714 FROM SPECIAL PROGRAMS AND ACCOUNTS, TO
ALLAPATTAH COMMUNITY ACTION, INC. TO ASSIST SAID
ORGANIZATION IN ITS EFFORTS TO COMPLETE THE ALLAPATTAH
CHILD CARE CENTER; CONDITIONING SAID ALLOCATION UPON
COMPLIANCE WITH ANY CONDITIONS AND LIMITATIONS AS MAY
BE PRESCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
46. EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS OF RICHARD 0.
WHIPPLE.
Commissioner Plummer: Mr. Mayor. A resolution expressing the deepest
sympathy and sincere condolences of the City Commission on behalf...
Mayor Suarez: For Richard Whipple?
Commissioner Plummer: ... of the City of Miami and its citizens to the family
and friends of Richard Whipple upon his untimely death. Dick Whipple was with
the Planning Department for years and retired a couple of years ago and we
were all very, very shocked. I so move.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
221 February 13, 1992
{{
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-120
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE
CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND
FRIENDS OF RICHARD 0. WHIPPLE UPON HIS UNTIMELY DEATH.
(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.
Mayor Suarez: You need not do those by consent resolution if you want. We
can just...
Commissioner Plummer: Just turn them in?
Mayor Suarez: Yeah.
Commissioner Plummer: OK. That's fine.
Mayor Suarez: And we can have everybody sign them if you'd like.
222 February 13, 1992
------------------------------------------------------------------------------
47. (A) (Continued Discussion) ACCEPT BID: DANVILLE-FINDORFF, INC.,
(TOTAL BID) FOR ORANGE BOWL MODERNIZATION PROJECT PHASE II
(1992) -- JOIST REPLACEMENT AND RESTROOM FACILITIES IMPROVEMENT
B-3231-E (SECOND BIDDING), SUBJECT TO FINAL APPROVAL OF THE
PROFESSIONAL SPORTS FRANCHISE FACILITY TAX BONDS FROM
METROPOLITAN DADE COUNTY COMMISSION TO COVER CONTRACT COST AND
ESTIMATED EXPENSES -- ALLOCATE MONIES FROM CIP 404238 --
AUTHORIZE EXECUTION OF CONTRACT (See label 30).
(B) DIRECT CITY MANAGER AND CITY ATTORNEY TO COME UP WITH A BETTER,
CLEARER AND MORE EFFICIENT SYSTEM TO DEFINE WHO IS THE LOW
BIDDER, AND TO RESOLVE BIDDING PROTESTS.
------------------------------------------------------------------------------
Mayor Suarez: How are we doing on these figures? This looks like a
complicated... an overhead of some sort?
Vice Mayor Alonso: We're not?
Mayor Suarez: Can we get a simple explanation so that we can act on this? As
it is, we're going probably have to hear fairly abbreviated arguments from
both sides as to why we should select theirs or not and even assuming we don't
hear from the third group.
Mr. Lee: Mayor, the question was, when we took a break, was what would have
been Mayo's total bid if we had not adjusted for what we felt was a mistake.
It would be five million six hundred and fifty-three thousand nine hundred
f dollars.
Mayor Suarez: If... Once again.
Mr. Lee: If they would have done, prepared...
Mayor Suarez: If they had done their own calculations right.
Mr. Lee: Yes, sir.
Mayor Suarez: What was it in fact? What did it add up to in fact?
Mr. Lee: Six million.. this is after the adjustment now.
Mayor Suarez: No, no, no. What did it... before the adjustment.
Mr. Lee: Five million six hundred and fifty-three thousand nine hundred
dollars.
Mayor Suarez: That's with the adjustment and with the local preference?
Mr. Lee: No. The local preference... that would put them under. We've got
to guide ourselves by the lowest responsive bid, which is Danville-Findorff
would be five million seven sixty-two. This would be under that at five
million six fifty-three.
223 February 13, 1992
e
Mayor Suarez: OK. What was their base bid? What was the total amount
that
they actually submitted if you added up all the items they gave without
any
reduction whatsoever, any adjustment, anything. What did they actually
put?
You said they put eight point two three million.
Mr. Lee: I had made a mistake.
Mayor Suarez: OK. What was that? Thank you.
Mr. Lee: Five million six hundred and fifty-three thousand...
Mayor Suarez: No, Wally. That can't possibly be it. That's after
two
adjustments...
Mr. Odio: The bid they put in is six million three fifty-three nine hundred
thousand.
Mr. Lee: That's their bid.
Mayor Suarez: That's with the ten percent reduction. Oh, that's before
the
ten percent. OK.
Mr. Odio: That's what was their mistake.
Mayor Suarez: All right. So, their bid was six what?
Mr. Odio: Six million three fifty-three nine hundred.
Mayor Suarez: Al right. So I have no... Wait, wait, wait. Why are we
getting one of your assistants saying no.
Mr. Edward Davis: We can test that.
Mayor Suarez: Wait, wait. Do you want to work this out?
Mr. Odio: When you...
Mayor Suarez: I forget the gentleman's name.
Mr. Odio: If you add the mistake...
Mr. Juan Ordonez: Juan Ordonez from Public Works.
Mayor Suarez: Why is it not six point three, whatever they just said?
Mr. Ordonez: The right value, without...
Mayor Suarez: Any modifications, any adjustments.
Mr. Ordonez: Any modifications.
Mayor Suarez: If you just add up all their columns as their bid came in.
224 February 13, 1992
Mr. Ordonez: Five million six hundred and fifty-three and nine hundred
dollars. Making the correction that we are supposed to do, the value comes up
to six million three hundred and fifty four hundred dollars.
Mayor Suarez: Now, you're giving it to me backwards. All right. We got it.
We got it. You're giving it to me backwards.
Commissioner Plummer: Why on this sheet are you adding ten percent on
Danville-Findorff?
Mr. Lee: Commissioner, that's because in the Charter, in section 29 (a) it
states that "if the amount of a bid or proposal submitted by a vendor whose
primary office is located in the City of Miami is not more than ten percent in
excess of the lowest other responsible bidder or proposer, such local vendor
may be awarded the contract."
Mayor Suarez: Oh, yeah. But what we meant to do by that, even though the
ordinance reads that way, is that you take ten percent from the one that is
the local one and subtract it. I think it adds up to the same thing but I
know the ordinance reads that way, Wally, but it really confuses to add ten
percent. We're all thinking of subtracting ten percent.
Vice Mayor Alonso: Yes.
Mayor Suarez: Anyhow. The two figures then would become their bid at five
point seven something, right? Million.
Mr. Odio: Well, but, Mr. Mayor, let me say this. The moment...
Mayor Suarez: Can I just get that on the record?
Mr. Odio: Yes.
Mayor Suarez: Their bid at five point seven some million dollars, right?
Mr. Odio: No.
Mr. Lee: Five million six hundred and fifty-three thousand.
Mayor Suarez: Five point six five million and their bid...
Mr. Odio: No, sir.
Mayor Suarez: ... with the modifications...
Mr. Odio: No, sir. I'm sorry.
Mayor Suarez: Danville-Findorff comes in at what amount?
Mr. Odio: Five point two three nine zero zero zero.
Mayor Suarez: We don't need to get to that level of specificity. Five point
two three, roughly million dollars. What does theirs come in with the ten
percent with the modification for their own miscalculation? Comes in at?
225 February 13, 1992
0,
Vice Mayor Alonso: Six point...
Mr. Lee: Six million three hundred and fifty thousand four hundred dollars.
Commissioner Plummer: Well, why have you got on my paper here...
Mr. Lee: No, there is no...
Commissioner Plummer: ... the Mayo bid is five...
Mr. Jim Kay: There's not mistake on the Danville-Findorff bid. Danville-
Findorff submitted five point two three nine million. That stands alone.
Mayor Suarez: All right, let's do it the other way around since apparently
you have a tough time subtracting ten percent and let's add then ten percent
to the Danville-Findorff. Danville is at five point two three million.
Theirs without the adjustment is at five point six five. If you add ten
percent to theirs, which is roughly five hundred and twenty-three thousand
dollars, they will then be at roughly five point seven something million which
is about a hundred thousand dollars more than theirs with the ten percent
adjustment.
Mr. Lee: Yes, sir.
Mayor Suarez: All right.
Commissioner Dawkins: Mr. City...
Mayor Suarez: Is that more or less right, folks? Commissioner Dawkins.
Commissioner Dawkins: Mr. City Attorney.
Mayor Suarez: God, it took a long time to get that.
Commissioner Dawkins: Mr. City Attorney.
Mr. Jones: Yes.
Commissioner Dawkins: What... Can...
Mayor Suarez: I need that door... I'm sorry. I need that door closed in the
back, Rick, if you can help us. Thank you. Since we don't have any...
Commissioner Dawkins: Can we, I mean, what is the legal way of accepting a
bid? It must be...
Commissioner Plummer: I don't know who the hell the low bid is now.
Commissioner Dawkins: ... written, typewritten, scratched through, earmarked,
or what's on the paper counts or doesn't count, or what is legal?
Mayor Suarez: What do we go by if there's a miscalculation or something?
226 February 13, 1992
6
Commissioner Dawkins: No, no, no. No, no, no. I don't... Not what do we go
by if a miscalculation.
Mayor Suarez: What is legal?
Commissioner Dawkins: What is legal if it comes in and you open it and the
bottom line says something and somebody else says I made an error and you, I
mean, what do you do in a case like that?
Mr. Jones: Well, in an instance like this is the situation we have, the
document as presented, as it came in, should be taken at face value.
Commissioner Dawkins: So, therefore, taking it at face value...
Mr. Jones: Because the...
Commissioner Dawkins: ... the bid that came in with their erroneous
information on it, which was their mistake, if you go back and adjust it, then
you are changing the bid that you received because you changed the numbers
because they made an error. Is that a correct statement?
Mr. Jones: Absolutely.
Commissioner Dawkins: So therefore you can't do that legally.
Mr. Jones: You can't do it. Furthermore, the instructions in the bid
document are very clear that the words govern the figures.
Mayor Suarez: OK. I think we're probably inclined to go with that as, not
only a legal statement, correct legal statement, which obviously it is since
it's given by the City Attorney, but as a good strong statement of policy.
So, you may want to withhold much of your comment and let us hear from the
group that would presumably be affected by our determination. All right, sir.
And just give him a few minutes to express themselves.
Mr. Edward Davis: We have three points. Number one, the supposed error...
Mayor Suarez: Once again, Mr. Davis, the name on the record, please.
Mr. Davis: Yes. I'm sorry. Edward Davis, Paul Landy Beiley & Harper, 200
S.E. 1st Street, representing Mayo Construction. The error that the City is
focusing on is a unit price with regard to 200 linear feet of expansion joint.
It's item six on the bid. It reads "replace 200 linear feet of expansion
joint at a unit price of" there's a blank "at linear feet" meaning at the unit
price "equals" and there's another blank. The blank that gets added up into
the total bid says three thousand five hundred dollars, which is our bid. And
you add that up along with our other numbers and you get five million six
hundred fifty-three thousand nine hundred dollars. Now, the other blank which
should be a unit price taking the 200 linear feet, dividing it by the three
thousand five hundred dollar final bid price, which we stand by, instead of
putting seventeen point five, they put thirty-five hundred in there, which
would mean we would be charging thirty-five hundred dollars for a seventeen
dollar item, which isn't... No reasonable person could presume anyone's going
to do that. Number one. Number two. If you take our bottom line bid, which
is what it is, five million...
227 February 13, 1992
4&
Mayor Suarez: Was it included in there, counselor, not only as a unit price
but also as a total?
Mr. Davis: Yes, the total is thirty-five hundred dollars. If you add the
two... What the City did was unilaterally - if I may approach the podium -
scratch through our unit price, our bottom line price and put in the figure...
Mayor Suarez: They tried to reconcile the two.
Mr. Davis: ... changing it from thirty-five hundred to seven hundred
thousand.
Mayor Suarez: They tried to reconcile the two by making their own calculation
and having it show as seven hundred thousand total.
Mr. Odio: Excuse me. Mr. Mayor, we need to...
Mr. Davis: They changed one line versus another.
Mr. Odio: Excuse me. We need to clarify...
Commissioner Dawkins: Wait a minute. Hold it. Hold it. Hold it.
Mr. Odio: We need to clarify this. We did not scratch anything.
Commissioner Dawkins: You said we scratched through your bid...
Mr. Odio: We did not.
Commissioner Dawkins: ... and altered it.
Mr. Davis: They made a...
Commissioner Dawkins: You said...
Mr. Davis: ... calculation. I'm sorry.
Commissioner Dawkins: No, no, no.
Mr. Davis: They made a calculation based upon our bid.
Mayor Suarez: Yeah.
Commissioner Dawkins: Who... On your bid, it's scratched... the thirty-five
hundred dollars is scratched through. Who did that?
Mr. Kay: No, the City...
Mayor Suarez: No, no. It's a separate calculation. Separate calculation.
All right.
Mr. Davis: No, there's no writing on the bid.
228 February 13, 1992
Mr. Kay: No.
Mr. Davis: I'm sorry. It's a separate calculation. There's no writing on
the bid itself. I apologize.
Mayor Suarez: But you... Nowhere in your bid was the figure of seven hundred
thousand dollars?
Mr. Davis: No. No, sir. No, sir. Number two.
Vice Mayor Alonso: Who wrote that?
Mayor Suarez: We calculated it based on their per unit.
Mr. Kay: Public works...
i
Vice Mayor Alonso: So indeed we scratched it...
j Mr. Kay: Public works...
Mayor Suarez: But we didn't do it on his bid necessarily...
Mr. Davis: On the bid form, no.
Mayor Suarez: ... we may have done it on another sheet of paper.
Mr. Davis: But the effect is that they're taking a thirty-five hundred dollar
charge on a replacement item and making it seven hundred thousand.
Mayor Suarez: OK. But you can understand that it would be reasonable for
them to look at that per unit price and say let's see what this adds up to
because it seems like a huge figure...
Mr. Odio: Mr. Mayor.
Mayor Suarez: ... and come up with the seven hundred thousand.
Mr. Odio: Mr. Mayor.
Mr. Davis: You have...
Mr. Odio: I think at this time, if I put this on the record, it will clarify
everything and why...
Mayor Suarez: But we got it pretty clear right now, Mr. Manager,...
Mr. Davis: Yeah, I think we do.
Mayor Suarez: ... with all due respect and he's going to finish his argument.
ilS
1
Mr. Jones: It's already in the record.
a
Mr. Davis: Now, secondly. We are a true City of Miami contractor. In 1954,
Mr. Mayo established Mayo Construction Industries in Miami, it was licensed in
229 February 13, 1992
Miami in 1954, it's been located in Allapattah for thirty-one years,
Archimedia moved from Coral Gables to Allapattah in 1985. Mayo Construction
employed sixty percent... over sixty percent, of its employees are from the
City of Miami, are residents of the City of Miami and Mayo Construction, where
possible, always uses vendors for its supplies located in the Allapattah area.
Mayor Suarez: Would it be fair to say that both principal offices of Mayo and
his architectural company - what is the name of it, Jose?
Mr. Davis: Archimedia. Archimedia.
Mayor Suarez: Arcomedia?
Mr. Jose Luis Rodriguez: Archimedia.
Mr. Davis: Archimedia.
Mayor Suarez: Oh, Archimedia.
Commissioner Plummer: Do you have a copy of the last bids?
Mayor Suarez: Both have principal offices in the City of Miami?
Commissioner Plummer: Yeah.
Mr. Davis: That's correct, Mr. Mayor.
Commissioner Plummer: The previous.
Mayor Suarez: Just hold that for a second. Mr. Manager and everyone else
involved with procuring, Mr. City Attorney. What they're describing, whatever
the outcome of this particular matter is, a true Miami based firm. That's
what we think of as one. So, to the extent that our ordinances don't reflect
that, for future reference, let's see if we can make those adjustments because
we've got an unholy situation here today and we've had a few others as to what
constitutes a local presence. That's what we need. We mean a principal
office in the City of Miami for him, a principal office for them and the two
of them combined are bidding on this project. That's what we mean.
Mr. Davis: Well, that's not accurate. Just to be...
Commissioner Plummer: Do you have it?
Mr. Jones: Mr. Mayor.
Mr. Davis: He's not a part of the bid. Archimedia is not. They're a
consultant hired for project management. But...
Mayor Suarez: Well so much the better.
Mr. Davis: But so much the better.
Mayor Suarez: They're not co -venturers but they're consultants and...
230 February 13, 1992
Mr. Davis: That's correct.
Mayor Suarez: ... they're also in a sense principal professionals in this.
Mr. Davis: That's correct.
Mayor Suarez: All right, go ahead.
Mr. Jones: Mr. Mayor. It's a Charter provision so you would need a Charter
amendment.
Mayor Suarez: We did... and it says the principal office in the City?
Mr. Jones: Primary office.
Mayor Suarez: Primary office, of all the co -venturers, of all the entities?
Mr. Jones: No, it doesn't address joint ventures...
Mayor Suarez: So, we don't have...
Mr. Jones: It doesn't address that.
Mayor Suarez:... what Commissioner Dawkins refers to as rent -a -citizens,
etcetera.
Mr. Jones: No, it doesn't refer to that.
Mayor Suarez: OK. Well, that's why I was saying, in their case it really
11 smacks of reality. Not only the two companies are there, but their employees
i are from there and not even at the border line of the City, you know, like one
of the little corners, but I mean right smack in the middle of Allapattah.
Mr. Jose L. Rodriguez: I'm Jose Luis Rodriguez.
Mayor Suarez: Yeah, and you have an Allapattah look about you.
Mr. Rodriguez:... not "El Puma." I'm in walking distance to the Orange Bowl. I
was very excited at the opportunity to do work there.
Mayor Suarez: The editorializing part of this presentation is over.
Mr. Rodriguez: OK. There you go. That's enough.
Mayor Suarez: All right anything further?
Mr. Davis: Our third point is... Very short point. If you take our bid which
we stand by of five million six hundred fifty-three thousand nine hundred
dollars, subtract the ten percent, you get a bid of five million eighty-eight
thousand five hundred and ten dollars, which is below the bid of Danville, the
low bidder.
Mr. Odio: We would agree with you except for the wording on the RFP(Request
for Proposals) and law...
231 February 13, 1992
-� Mayor Suarez: Which says...
Mr. Odio: ... which clearly says in the last, whereas, the unit price will
j govern and if you want to I can put the price, the whole paragraph on it. It
says...
Mr. Davis: Please do.
Mr. Odio: ... the price bid for each item shall be stated in both words and
figures in the appropriate places in the proposal form. In the event that
there is a discrepancy between the price printed in words, and the price
written in figures, the former shall govern. In case of error in the
extension of prices, the unit price will govern.
Mr. Davis: We don't dispute that it says that, but you're taking a bid out of
context and adding seven hundred thousand to a thirty-five hundred dollar
item. Seven hundred thousand dollars to a thirty-five hundred dollar item,
which no reasonable person even in comparison with the other bids, could
presume is the actual price.
Mr. Odio: Let me say this for the record.
Mr. Davis: You, in essence, changed our bid.
Mr. Odio: Let me say for the record. We don't care who gets the job. Last
year...
Mr. Davis: We do.
Mr. Odio: Last year, last year, last year...
Mayor Suarez: Direct your comments to the chair. You've not been recognized.
The Manager is speaking.
Mr. Odio: ... we had to disqualify all bidders because of extensions also.
Because of the same mistakes.
Commissioner Plummer: Let me ask...
Mr. Odio: In fact I think they got disqualified last year because of the same
errors.
Commissioner Plummer: Let me ask a question...
Mr. Odio: We have to be con...
Commissioner Plummer: ... of Danville-Findorff. Sir, between your last bids
and the present bids on nine items you are six items higher this time than you
were two weeks ago.
Mr. Dana Sheldon: I don't understand. Six items higher.
Commissioner Plummer: Yes, sir.
232 February 13, 1992
Mr. Sheldon: You mean higher on six items?
Commissioner Plummer: Higher in cost. And I'm wanting to know why.
Mr. Sheldon: Well, the project was changed in scope, rather reduced in
painting and I'm not quite sure if the quantities were changed.
Commissioner Plummer: Construction of the... The replacement... The
construction of two restrooms, before you bid it at one seventy nine - one
seventy, now it's one seventy nine three oh. Before on miscellaneous repairs,
or the lower press box, you were one ninety-two, you're now one ninety-eight.
On the expansion of the steel joist, which is the real thing in question here,
previously you were thirty-nine hundred dollars, in this bid you're forty-
seven hundred dollars. In the application of the sealant, before, two weeks
ago, you were fifty-eight thousand, you're now sixty-seven thousand.
Installation of waterproofing membrane, before you were twenty-one, you're now
twenty-five. Application of all other sealants, before you were ninety-nine,
you're now one nineteen.
Mayor Suarez: A simple answer if there's any. I'm not sure that it's
relevant but that's an interesting point.
Mr. Sheldon: There was an addendum that came out that clarified what work
went into what bid item and the paint for every related item went in there.
Commissioner Plummer: Sir, paint's not included in this.
Mr. Sheldon: Yes, it is, sir. Yes, it is. I want to correct you. We have
to paint those bathrooms unless you want bare concrete. And there's paint in
those items. An addendum came out, because we were at the pre -bid meeting and
we tried to make it clear so all the bidders bid the same thing to the
architect. They put an addendum out afterwards. We said where do you want...
Commissioner Plummer: On the latest bid there was an addendum?
Mr. Sheldon: Yes, sir. Yes, sir.
Vice Mayor Alonso: Yes, there was.
Mr. Sheldon: And it clarified...
Mayor Suarez: Did you put your name on the record?
Mr. Sheldon: My name is Dana Sheldon, President of Danville-Findorff, Inc.
2811 S.W. 70 Avenue, Unincorporated Dade, not the City of Miami.
Commissioner Plummer: The addendum was the painting which is not what I'm
talking to.
Mr. Sheldon: These items changed in scope, sir, with the addendum by
clarifying...
233 February 13, 1992
Commissioner Plummer: Sir, the addendum that I have in front of me only
speaks... Addendum A is the painting. I'm not even talking about the paint.
Mr. Sheldon: That's Alternate A, sir. That's Alternate A. Addendum is the
change in the specifications which I'm sure you don't have in front of you.
Commissioner Plummer: Well, where are they? Why aren't we aware of it?
Mr. Sheldon: Well, it's a change in the... We have to explain... Your staff.
I don't know.
Commissioner Plummer: Well, what's the addendum?
Vice Mayor Alonso: Is this one? This is the one?
Mr. Sheldon: The addendum clarifies what we're supposed to bid...
Vice Mayor Alonso: This is the one.
Mr. Sheldon: ... so there wasn't a confusion in the bid breakdown.
Vice Mayor Alonso: Yes, this is the one.
Commissioner Plummer: But he said that...
Mr. Sheldon: And the whole amount, I think, we just talked about adds up to
about twenty thousand dollars.
Commissioner Plummer: Mr. Lee is saying that is for clarification. It was
not an addendum to the bid.
Vice Mayor Alonso: Yeah, but it refers to the painting...
Mayor Suarez: All right. Let's...
Vice Mayor Alonso: ... and the items.
Mayor Suarez: Let's hear the consultant.
Mr. Jorge Estevanez: Jorge Estevanez, Urban Architects. 3033 Coral Way.
Commissioner Plummer, during the pre -bid a question was asked regarding
clarification of where certain items should go. We issued a clarification
through an addendum saying that the painting of each item, the cost of
painting each bid item, should be included in that bid item. So, there...
Some contractors last time, if you recall, there was an argument of whether
some contractors had included the painting in some bid items and not in the
painting bid items.
Mayor Suarez: Just global.
Mr. Estevanez: Yeah, it was... And then some had done it by dividing it into
the various bid items. In an attempt to make sure that everybody included it
in the same place so that the bids were more reflective, more comparable to
each other, we issued a clarification through the Public Works Department
234 February 13, 1992
saying that the painting for each item would be in that item. Now that
explains some of those, because some of those don't reflect painting at all.
For instance, the bathrooms do have painting. Other jobs have painting. But,
you know, they had two more weeks also to look at the plans. All the
contractors had two more weeks to look at the plans. And they had
opportunities to get other prices and to verify if they had left something out
and to make adjustments. So if you look at all the bid prices, they were all
adjusted in total radically downward, both in the painting portion of the work
and the total structural portion.
Commissioner Plummer: No, sir. Not radically.
Mr. Estevanez: Well, in the... I don't have the figures in front of me,
but...
Commissioner Plummer: Well, I do, sir.
Mr. Estevanez: Well,...
Commissioner Plummer: And the only one that they made a major change in was
the number one item of a hundred thousand dollars. That was the only one.
Mayor Suarez: Your definition of radical and his definition of radical may be
different, so don't argue with him.
Mr. Estevanez: I'm not.
Mayor Suarez: Thank you.
Mr. Estevanez: But anyway, I wanted to clarify that because there was some
confusion last time...
Mayor Suarez: Yes.
Mr. Estevanez: ... as to where the painting was.
Mayor Suarez: Yes.
Mr. Estevanez: And we issued that clarification.
Mayor Suarez: Yes, you've clarified and we've got other items so if no other
Commissioners have any other questions... I don't know that you want to try
this. Are you associated with, involved in Danville-Findorff?
Mr. Jacque Thermilus: Yes, I'm Jacque Thermilus, Urban Constructor. 4128
North Miami Avenue, City of Miami. We have a million dollars worth of work.
We lost the last time, so we're trying to get it this time. I'm with
Danville-Findorff.
Mayor Suarez: All right, Commissioners. Anything, any other questions?
There is an item pending just for one last clarification in case anybody wants
to go back to it. I. see the gentleman in the back with the company which is
M-E-T? Which was an issue that if we were to give that company a local
preference ten percent and segregate, I think, the main bid from the painting,
235 February 13, 1992
some portion of it under the Alternative A, I guess, then that would change
the low bid and if we were inclined to consider all of that we really also
should in fairness consider the fact that we would have to first conclude that
the combination of MET and Recchi, a well known Italian company which has been
doing, I think, some jobs in Miami...
Major Threlkeld: Mr. Mayor.
Mayor Suarez: ... is in fact a quote unquote, local company as we think of a
local company, or if not, if it fulfills our legal requirements for a local
company, whether we would use our discretion which we do have to get into
that. Yes, sir. Your name.
Major Threlkeld: My name is Major Threlkeld. I'm with MET Construction. MET
Construction's been in the City of Miami for twenty or twenty-five years and
I'm sure you're all aware of what happened last year with Kovac Construction.
They were a well known contractor, very reputable, yet they had never done
this type of work. At MET Construction, we have done the only joist
replacement there for the past twenty years. So you might want to take that
in consideration.
Mayor Suarez: The only joist replacements where?
Major Threlkeld: At the Orange Bowl. No one else has done that and Kovac
fell very short...
Mayor Suarez: Well if you had done the electricity that would have ruled you
out right then and there. But...
Major Threlkeld: Well we did the electricity but it had nothing to do...
Mayor Suarez: I wouldn't admit that.
Major Threlkeld: Well, you can ask anyone at Public Works but it had nothing
to do with our portion of the contract.
Mayor Suarez: Don't even remind anybody.
Major Threlkeld: Well.
Mayor Suarez: All right, Commissioners. Thank you for your statement, sir.
Vice Mayor Alonso: Will these companies that you just...
Mayor Suarez: No, sir. Have a seat.
Mr. Manuel Gonzalez-Goenaga: A most important question.
Mayor Suarez: Have a seat, Mr. Gonzalez-Goenaga, sir.
Vice Mayor Alonso: We concluded that we cannot award the painting of the
structure to a different company. Let's say we give them the rest of the
contract and then the painting... You don't mind. What about the other
company? The lowest... One point six four. Are they willing to...
236 February 13, 1992
Mayor Suarez: Which company is that?
Vice Mayor Alonso: MET whatever the name is.
Mayor Suarez: But the City Attorney, I think, told us that that could not
be...
Mr. Junes: Madam Vice Mayor, you can't segregate the paint.
Vice Mayor Ai nso: Why not?
Mr. Jones: It would have to be bid separately. The way the bid document is
structured, you could do away with it but you can't award it to a separate
company. It would have to be awarded to... Go out to RFP for a separate
award.
Vice Mayor Alonso: Listen to this. We can give a portion of the bid but we
cannot award the painting to a separate company.
Commissioner Plummer: Let me read into the minutes...
Mayor Suarez: I guess we thought that... I'm sorry, Commissioner Plummer. I
think I guess we thought that we were told that you really could do it as an
alternate but they should be an integrated process. You shouldn't just
separate the two things entirely and put them out for bid separately. We
_ could have done that I suppose but I think that was recommended against
because the two things interfaced.
Mr. Lee: Mr. Mayor, the important thing there is the coordination.
Commissioner Plummer: In the minutes, Mr. Mayor...
Mayor Suarez: Yeah.
Commissioner Plummer: ... you are quoted "Well in view of everything he has
heard, I think maybe we ought to do the two things separately."
Mayor Suarez: Yeah, and I think...
Commissioner Plummer: Instructions to the Administration, and this is myself
talking, "we' re going to instruct them if they go out to re -bidding to
exclude and make a separate contract of the painting contract." It couldn't
have been any clearer.
Mayor Suarez: Yeah, but it could have been because what I meant at the time,
was not what they understood. They understood that that would be almost
unfeasible to totally separate them because you need, to the extent possible,
to put into one bid the two components and have them be bid at the same time
because the things are interrelated when you bid them. And it's not even
clear that this company would be able to do just the painting for the amount
that they bid because it's been part of a total bid...
Vice Mayor Alonso: Maybe not.
237 February 13, 1992
U
Mayor Suarez: ..* in which case the whole exercise was somewhat of an
exercise in futility. We separated it just so we could see what the painting
portion of it was, but it doesn't allow us any real options.
Vice Mayor Alonso: Then what good is it going to do...
Mayor Suarez: Yeah.
Vice Mayor Alonso: ... that we just award a portion of the contract?
Commissioner Plummer: Go out to rebid on the painting and hope we can get a
better price.
Mr. Lee: Yes, we could.
Mayor Suarez: And we may end up with a worse price.
Mr. Lee: Yes. That is a problem.
Commissioner Plummer: I doubt it.
Mayor Suarez: That's the problem. Because once you're there, and you've got
all your overhead and everything...
Mr. Lee: Yes, sir.
Vice Mayor Alonso: That's my concern
now.
Mr. Lee: Yes, sir.
Mayor Suarez: Well, thank God we don't do too
many
of these. Commissioners,
what do you want to do on the item?
We have to
move.
Commissioner Plummer: Al right.
I want to ask
one other... two other
questions.
Mayor Suarez: I'm going to hold you
to that.
Commissioner Plummer: According to
this list
that
we're having here, MET is
shown at a contract price of five seven five
two
six eight nine. Is that
correct? And I'm assuming they're a
local...
they're
in City... contractors.
Is that correct?
Mr. Lee: That is correct, Commissioner.
Commissioner Plummer: All right.
Mr. Lee: Five million seven fifty-two six eighty-nine.
Commissioner Plummer: OK. Now, does that include their ten percent for being
in the City?
Mr. Lee: No, it's within...
238 February 13, 1992
Vice Mayor Alonso: No, it does not.
Mr. Lee: ... ten percent.
Mr. Odio: I think I can simplify this. If you take the ten percent...
Commissioner Plummer: All right. All right. All right. Then, to the low
bidder, you did it bass-ackwards. You added ten percent which then makes
Danville-Findorff not the low bidder. Correct?
Mayor Suarez: In comparison to MET, yes.
Mr. Odio: If you use...
Commissioner Plummer: OK. Well, then MET is now officially the low bidder.
Mr. Odio: No, sir, it is not. No, no, no.
Mayor Suarez: In comparison to MET. This is Mayo.
Commissioner Plummer: I'm saying MET. I'm not talking about Mayo.
Mr. Odio: Can I say...
Commissioner Plummer: MET is five million seven fifty-two.
Mayor Suarez: What is Danville-Findorff?
Commissioner Plummer: Danville, when they add...
Mayor Suarez: When the ten percent....
Commissioner Plummer: ... the ten percent is five million seven sixty-two.
They're exactly ten thousand dollars higher.
Mr. Odio: Yeah, now just a minute, Commissioner. They are not. You would
pay out-of-pocket, they're talking about cash. You would pay Danville five
million two. If you choose to award it to MET because they are a local
company, you would be paying them five million...
Vice Mayor Alonso: Five seven...
Mr. Odio: ... seven fifty-two.
Commissioner Plummer: Not if you took off the ten percent.
Mr. Odio: No, you don't take off the...
Vice Mayor Alonso: No, you don't. You actually give them credit, but you
don't really pay them less.
Mr. Sheldon (OFF RECORD): You're paying them more to do the job.
1 239 February 13, 1992
Vice Mayor Alonso: Yes. Yes.
Mr. Odio: You pay them more to do the job.
Mayor Suarez: All right. Let's compare, very quickly just to get the math
right before we vote, the Commissioner has a valid point. Because we did the
comparison between Mayo and Danville-Findorff and because we got all confused
with the issue of whether you add or subtract. Don't take local preference
into account.
Mr. Odio: OK.
Mayor Suarez: Now, what are the total bid figures of Danville-Findorff -
don't give me the pennies, please, just...
Vice Mayor Alonso: Five point two three.
Mr. Lee: Five million two thirty-nine.
Mayor Suarez: Five point two three for Danville. What is it for MET?
Vice Mayor Alonso: Five point seven...
Mr. Lee: Five point seven five two.
Mayor Suarez: OK. With the ten percent, they're still lower.
Commissioner Plummer: I don't think so.
Mr. Odio: Who? MET?
Mayor Suarez: Danville.
Commissioner Plummer: If you take ten percent off of MET's bid, what is come
out to?
Mr. Odio: If you take ten percent off of MET's bid, they would be lower than
Danville.
Commissioner Plummer: Exactly what I was saying!
Mr. Odio: But...
Mayor Suarez: But...
Vice Mayor Alonso: Yes, but in reality you will not be paying them that
amount.
Mr.
Lee:
It doesn't
work that
way.
Mr.
Odio:
But the
reality is
that you pay them, you pay them...
Mayor Suarez: The problem is that the...
240
February 13, 1992
Vice Mayor Alonso: Don't get confused.
Mayor Suarez: Yeah. The ordinance actually reads you add ten percent to the
low bidder and they're still lower, because...
Commissioner Plummer: Whether you add it or you deduct it, they are the low
bidder.
Vice Mayor Alonso: No, sir. No, sir.
Mayor Suarez: No, there's a mathematical difference. Believe it or not.
Because ten percent...
Vice Mayor Alonso: Five hundred thousand difference.
Mayor Suarez: ... of a higher figure is more than ten percent of a lower
figure. The Code reads you add ten percent to the lowest bidder and that
still is a lower total figure...
Commissioner Plummer: Mr. Mayor.
Vice Mayor Alonso: Bottom line. Five hundred thousand difference.
Mayor Suarez: J. L., mathematically it is not within ten percent...
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: ... their bid is lower by more than ten percent of their amount
as the Code reads than theirs. I'm sorry, I...
Commissioner Plummer: Are we about the business of what this Commission tried
to accomplish by keeping local money local? That's my point. Now we can talk
about, you know, set asides. We also made a motion on this Commission to
favor local companies and give them a...
Mayor Suarez: And we did and we defined it mathematically as you add ten
percent to the low bidder and if that brings you to the amount of the second
lowest bidder which is local then you take the second lowest bidder which is
local but in this case, you add ten percent of their figure to their bid and
you still are less than the second lowest bidder which is local. That's the
problem.
Commissioner Plummer: No, sir. No, sir. When you add ten percent to their
bid - if you want to go backwards, I'll go backwards with you - add ten
percent to their bid. They are five million seven sixty-two. Their bid,
without anything, is five million seven fifty-two. Ten... excuse me, nine
thousand dollars cheaper. Now, you figure any way you want...
Mr. Sheldon (OFF RECORD): Five hundred thousand more for taxpayers.
Commissioner Plummer: Forget about taxpayers, sir.
Mr. Sheldon (OFF RECORD): OK. OK. I thought I understood twenty thousand on
an ambulance a minute ago.
241 February 13, 1992
Commissioner Plummer: We established a policy here that we were going to try
to help local people.
Major Threlkeld: Mr. Mayor.
Commissioner Plummer: That's what I'm trying to say.
Unidentified Speaker (OFF RECORD): Recchi is from Dade County, Commissioner.
Major Threlkeld: Mr. Mayor.
Commissioner Plummer: They're in the County, that's fine.
Mayor Suarez: Yes.
Commissioner Plummer: God bless you.
Major Threlkeld: Either way you do the arithmetic...
Mr. Sheldon: First of all, they're not local.
Major Threlkeld: ... you add ten percent or subtract the ten percent, MET
Construction, MET-Recchi is the low.
Mayor Suarez: Either way. All right. I thought it was.
Commissioner Plummer: 402 N.W. 54th Street is local.
Mr. Sheldon: Not a joint venture. What's their participation in a joint
venture. If you want to talk about that, they...
Mayor Suarez: Wait a minute. Sir. Now, back to... Please have a seat. Back
to the staff. Are we saying mathematically, Wally Lee, anyone, that if you
take ten percent of the Danville-Findorff total bid of five point two three
million, that is to say five hundred and twenty-three thousand
approximately...
Mr. Lee: Right.
Mayor Suarez: ... and add that to their total bid, that that exceeds the bid
of MET?
Mr. Jones: Yeah.
Mr. Lee: That is correct.
Mayor Suarez: OK, so mathematically...
Commissioner Plummer: Yes, sir. Exactly what I'm saying.
Mayor Suarez: All right, so why are...
Commissioner Plummer: By nine thousand dollars.
242
February 13, 1992
a
v
Mr. Odio: Yeah, and you pay five hundred thousand more.
Mayor Suarez: We know that. We know that.
Commissioner Plummer: We know we're paying morel Keep it local.
Mayor Suarez: But that's our decision to make, Mr. Manager. We didn't ask
you to argue the point.
Mr. Lee: Yes, that is correct, Mayor.
Mayor Suarez: Now...
Mr. Lee: That is correct.
Commissioner Plummer: Don't tell me my math is wrong.
Mayor Suarez: Are we at a juncture then that we should decide whether to give
local preference or not? In our discretion.
Mr. Lee: It's up to the Commission. Yes, sir.
Commissioner Plummer: Well, let me ask you this question. Was it...
Mayor Suarez: OK. Does anybody from the staff want to tell us, other than
the simple fact, that it's going to be five hundred and some thousand dollars
more to do the job which is fairly evident to us. What are the other policy
reasons, if any that you wanted us to consider as we make this determination
which ultimately we must make.
Mr. Odio: You are at the point where you need to decide whether you want to
go with local preference. If you do that, then you have a lower bidder, that
is MET. If you don't do that, you have the Danville-Findorff bid that is the
one that was the lowest bidder in cash.
Mayor Suarez: And of course all of this assumes that we don't accept the
argument of Mayo which would have put them at an even lower figure...
Mr. Odio: They would... Mayo would be the lowest bidder if...
Mayor Suarez: ... under the ten percent preference.
Mr. Odio: ... they had not been disqualified.
Mayor Suarez: So like I said, we have an unholy mess. It is up to this
Administration, folks, and I think I'm speaking for this entire Commission,
the City Attorney and the City Manager, both to come up with a better system.
A system that is clearly, that is easy to apply the local preference, that
does that from the beginning, determines if they're local or not, at the very
beginning of the process when they issue the RFQ(Request for Qualifications).
In other words, we know we're dealing with a local company that applies the
standards that we discussed before in the logical way so that people don't
bring in rent -a -citizens if we are in fact concerned about that, and that
243 February 13, 1992
U
avoids all of this incredible confusion.
is than what we've got...
I don't know what the better system
Commissioner Plummer: Can I ask a question, please?
Mayor Suarez: ... but there's got to be a better system. I do want to tell
you that and it's something that we have to apply for the future. On this
one, we have to wrestle with the fact that either one of those two companies
might conceivably by a very small amount in one case, in the other case by a
larger amount would be lower under the ten percent preference rule. In one
case, the one that would be lowest of all, I suppose, under that has the
problem with the calculation, so we would first have to allow them to have
revised per unit figures which we've heard the argument and we've heard the
quote from the City Manager and in the other case, we would have to wrestle
with the fact that although we have specified ten percent as the difference,
this one is like nine point five or nine point six or nine point seven percent
higher. It's about as close to the full maximum that we're willing to go for
local preference and that might affect our determination since it's in our
discretion.
Commissioner Plummer: Question. Mr. Manager.
Mayor Suarez: And we've got to decide that.
Commissioner Plummer: Did the bidding document contain the provision of the
ten percent for local bidders?
Mr. Lee: Yes.
Commissioner Plummer: It did?
Mr. Odio: It said that you may...
Mr. Lee: No, no, no. Yes, Commissioner, it does.
Mr. Jones: Was the provision included...
Commissioner Plummer: Then what are we arguing about? What are we arguing
about? If it was in the document that a local bidder...
Mr. Odio: Let me quote...
Commissioner Plummer: ... has a ten percent option...
Mr. Odio: There is a note to bidders and I want to to quote. "That the City
of Miami may award this contract to such a bidder whose primary office is
located within the City of Miami." May. You didn't say "shall."
Commissioner Plummer: Excuse me. Mr. City Attorney. When we passed that
ordinance upon the City of Miami giving ten percent edge, sir, was it
discretionary or was it in effect?
Mr. Jones: This Commission didn't pass it. This was a Charter amendment that
was adopted and the way "may" has been interpreted by the case law, it's
discretionary.
244 February 13, 1992
Commissioner Plummer: It is discretionary?
Mr. Jones: Yes, indeed. If it were mandatory, it would say "shall." In this
instance it says "may" which suggests discretionary. Discretion.
Mayor Suarez: And let's keep in mind that as to one of the two local
companies, allegedly local companies, they do have a bit of a problem of being
characterized as local. Maybe they do under our Code, maybe they don't, but
they have a rather strong foreign partner which has a Miami or a Dade County
presence and as to the other one, they did have a mathematical problem in
their bid that we would have to overlook if we can legally do that, and you've
told us that we almost cannot. So, we're in a bind either way if we go in
either of those two directions.
Commissioner Plummer: What is the penalty if not completed in one hundred and
eighty days?
Mayor Suarez: Do we have a one percent, or one -tenth of one percent per day
penalty clause?
Mr. Ordonez: In the case of Danville-Findorff, you're going to be five
thousand two hundred and thirty-nine daily.
Mr. Lee: One percent per day.
Commissioner Plummer: Per day.
Mayor Suarez: One -tenth of one percent or one percent?
Mr. Lee: One percent.
Commissioner Plummer: One -tenth of one percent. Why is there a difference of
a hundred and eighty days in that when we're concerned about the first Orange
Bowl game and on the painting contract two hundred and eighty-five days?
Mr. Lee: Because, Commissioner, obviously the painting will start later, but
it will not affect the University of Miami football games.
Mayor Suarez: OK. You know what that means mathematically. If you are a
thousand days late, you get nothing. We give you a handshake, thanks for
doing the job, you took a little too long...
Vice Mayor Alonso: Good bye.
Mayor Suarez: ... go away.
Mr. Odio: The way he talks about the Orange Bowl Committee. We have a game
at the end of August in the Orange Bowl and you have to be ready.
Mr. Lee: No. September 4th.
Mr. Odio: First week of September.
245 February 13, 1992
Mr. Lee: September.
Commissioner Plummer: Yeah, the first week of September.
Mayor Suarez: Well, the media has a tendency not to get it right.
Commissioner Plummer: Yeah, well now don't we have another item that we've
got to rehash today?
Mr. Odio: But we have an answer for that one.
Mayor Suarez: Commissioners. On the item 21 that's before us, what's your
pleasure? Any motions? I think we've heard about as much argument as one can
fairly hear on a particular issue.
Commissioner De Yurre: Move the lowest bid.
Mayor Suarez: Commissioner De Yurre moves the lowest bidder. Be clear on
what you mean by that, please. You mean the lowest mathematical bidder?
Commissioner De Yurre: Danville-Findorff
Mayor Suarez: OK. So moved. That we accept the bid of Danville-Findorff
which is mathematically the lowest bid. Do we have a second? Going once. Do
we have a second? For a second time. I second the motion. Madam Vice Mayor.
Vice Mayor Alonso: Yes. Do we have any comments? Do we have... or we call
the roll. Anyone? Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-121
A RESOLUTION ACCEPTING THE BID OF DANVILLE-FINDORFF,
INC., IN AN AMOUNT NOT TO EXCEED $5,239,000.00, TOTAL
BID OF THE PROPOSAL, FOR ORANGE BOWL MODERNIZATION
PROJECT PHASE II (1992) - JOIST REPLACEMENT AND
RESTROOM FACILITIES IMPROVEMENT B-3231-E (SECOND
BIDDING), SUBJECT TO THE FINAL APPROVAL OF THE
PROFESSIONAL SPORTS FRANCHISE FACILITY TAX BONDS FROM
THE METROPOLITAN DADE COUNTY COMMISSION WITH MONIES
THEREFOR ALLOCATED FROM THE FISCAL YEAR 1991-92
CAPITAL IMPROVEMENT ORDINANCE NO. 10938, AS AMENDED,
PROJECT NO. 4042389 IN THE AMOUNT OF $5,239,000.00 TO
COVER THE CONTRACT COST AND $548,971.09 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL OF
$5,787,971.09; 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.)
246 February 13, 1992
Upon being seconded by Mayor Suarez, 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 DURING ROLL CALL:
Commissioner Plummer: My preference would have been to throw them all out and
start over, but we can't do it. I will vote yes only to keep our commitment.
Vice Mayor Alonso: I'm not satisfied with the process. I would have liked to
see different bids, but I think that it's important that the job be completed.
I vote yes.
Commissioner Plummer: Excuse me. Wait a minute. Excuse me. Let me clarify
._ my vote. Was that, Commissioner De Yurre, on the total contract including the
painting?
Commissioner De Yurre: Total contract.
Commissioner Plummer: Including the painting.
Vice Mayor Alonso: Yes, it was.
Commissioner Plummer: I vote no.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: OK. Anybody else want to change their vote with that
clarification being made? I as a second understood it to include the whole
package.
Commissioner Plummer: I'm sorry. I misunderstood.
Mayor Suarez: Just wanted to clarify.
Vice Mayor Alonso: Yes. The risk of going back just with the paint is that
we don't know at this point whether they can come higher, and it's rather
confusing, the professional advice that we've been receiving from the
Administration, so I have my doubts. Yes, I understood it to be complete.
Mayor Suarez: By the way...
Vice Mayor Alonso: We have a saving any way, considerable saving from last
time...
Mayor Suarez: Considerable saving.
247 February 13, 1992
Commissioner Plummer: That's exactly right.
Mayor Suarez: And by the way, many people have argued that...
Vice Mayor Alonso: About eight hundred thousand savings for the taxpayers, so
I'm satisfied.
Mayor Suarez: ... the aesthetic aspects of the Orange Bowl in fact are almost as
important as some of the other stuff and that we have blown out of proportion
the structural aspects because somebody came up with some cockamamie study
that said that the thing was structurally unsound. But really what it needs
is to be upgraded as to its physical appearance and the paint is extremely
important for a real top-notch facility. All right.
Vice Mayor Alonso: I can't believe it. It's finished. It's over.
Mayor Suarez: We hope.
Vice Mayor Alonso: Go and do the work.
Commissioner Plummer: God, yes.
Mr. Sheldon: Thank you very much Commissioners and we're going to do a good
job.
------------------------------------------------------------------------
48. DISCUSSION CONCERNING A PLAN OF CULTURAL AND ARTISTIC SHOWS FOR THE CITY
OF MIAMI.
[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. TRANSLATIONS WERE MADE BY MAYOR XAVIER
SUAREZ.]
Mayor Suarez: Item 32, plan of cultural and artistic shows in the City of
Miami, Commissioner De Yurre's item.
Commissioner Plummer: Mr. Mayor, I am informed that there is a tremendous
crowd outside on item 44, relating to the Naval Reserve.
Mayor Suarez: We will try to get to that very quickly.
Commissioner Plummer: O.K.
Mayor Suarez: We have had a few other items too, personal appearances that,
fairly, we ought to try to go through quickly.
► 248 February 13, 1992
Commissioner Plummer: My understanding is that outside there is a tremendous
crowd.
Mayor Suarez: I understand.
Commissioner De Yurre: Go right ahead.
Ms. Amalia Bruzos: PERMISO.
Mayor Suarez: Yes, ma'am.
Ms. Bruzos: SENORES COMISIONADOS Y EL SENOR ALCALDE.
TRANSLATION: Commissioners, Mr. Mayor.
Mayor Suarez: Go ahead.
Commissioner De Yurre: Cesar, do you want to translate?
Ms. Amalia Bruzos: SOLICITO PARA MAYOR BREVEDAD Y FACILIDAD PARA MI, UN
INTERPRETS.
Mayor Suarez: You're not only asking now for an interpreter, you've been
getting one, in case you didn't notice. Go ahead.
Ms. Amalia Bruzos: O.K. MI NOMBRE ES AMALIA BRUZOS. REPRESENTO A LA REVISTA
VARIEDADES HISPANAS QUE ESTA SITUADA EN EL 807 S.W. DE LA 25 AVENIDA. EL
ESTAR HOY YO AQUI, ES PARA SOLICITAR DE LOS SENORES COMISIONADOS Y DEL SENOR
ALCALDE, LA APROBACION DE QUE VARIEDADES HISPANAS JUNTO A LA ASOCIACION LATIN
QUARTER, DIRIJA TODOS LOS ACTOS CULTURALES 0 ARTISTICOS QUE SE PRESENTEN EN EL
TEATRO TOWER. SOMOS DESDE HACE SEIS ANOS UNA EMPRESA SITUADA EN LA PEQUENA
HABANA Y TENEMOS GRAN TRAYECTORIA, TANTO EN LA RADIO, SHOWS ARTISTICOS, COMO
EN LA TELEVISION. LANZAMOS JOVENES EN EL MUNDO DEL ESPECTACULO TANTO EN EL
CANTO, ACTUACION 0 MODELAJE. Y SON MUCHAS LAS POSIBILIDADES QUE TENEMOS EN
NUESTRAS MANOS PARA ENRIQUECER CULTURAL Y ARTISTICAMENTE EL AREA AFIRMANDO
NUESTRAS RAICES LATINOAMERICANAS. EN ESTOS MOMENTOS, LO QUE NOSOTROS QUEREMOS
ES HACER PARTICIPE... PARTICIPAR EN EL DESAROLLO DEL CONCEPTO Y PONER NUESTRO
GRANITO DE ARENA CON EL PROPOSITO DE AYUDAR AL DESAROLLO DE LA PEQUENA HABANA.
ESO ES TODD.
TRANSLATION: My name is Amalia, et cetera, and I represent the magazine
Variedades Hispanas, 807 S.W. 25th Avenue. I've come to solicit from the
Commissioners and the Mayor the approval of a joint effort by Latin Quarter
Association and your particular enterprise to direct all of and manage, I
presume, all of the artistic shows at the Tower Theater. We've been for six
years an enterprise located in Little Havana. We've got a great tradition of
shows on television and radio. [We have] been involved in both the field and
song and modeling, et cetera. And we have great resources to enrich
culturally and artistically the area simultaneously reaffirming our Latin
roots. What we want at this point is to participate in the development of the
concept and to put our minor, or small, contribution in the effort to develop
Little Havana.
Mayor Suarez: Thank you. Do you have any idea how you want to handle this?
249 February 13, 1992
Commissioner De Yurre: Mr. Mayor?
Mayor Suarez: Do you want to refer them to the Administration?
Obviously...
Commissioner De Yurre: I think, now, the Tower Theater... What's the status
on that, right now? The Tower?
Mr. Odio: We bought the theater.
Vice Mayor Alonso: We bought the Tower.
Commissioner De Yurre: I know, but are we doing?
Vice Mayor Alonso: We are looking at the asbestos situation, right now.
It's going to come to the City for City Commission approval... the company to
remove the asbestos that... then, we will be ready to work in the theater
without any harm to the people who go there. From then on, they will just
develop the... whatever plans.
Commissioner De Yurre: O.K. Do we have - are we doing any study? Are we
doing any marketing study? - feasibility study as to what should be built
within that theater?
Mr. Odio: We have done that and we are doing that. We still have to... we
have pending negotiations with Wometco, by the way. That has not been
resolved, whether we can have first -run movies there.
Commissioner De Yurre: Whether we can what?
Mr. Odio: Have first -run movies in that place, and that has not been
resolved.
'
Vice Mayor Alonso: Now, it is my understanding that before we can get any
company, we have to go through the process...
Mr. Odio: You do.
'
Vice Mayor Alonso: ... of bids. Don't we?
Mr. Odio: Yes, you do.
1,
H
Commissioner De Yurre: I feel that, you know, first of all, I'd like to get a
report because, to be kept abreast of what's going on with that. I think it's
incumbent that - and I think we said before that a movie house theater would
be welcomed in that area, because there isn't any at all. And that's been, I
think, the position of this Commission for quite a while now. As to what can
be done, as far as a screen that you can lift and have a performance, live
I1
performance, and one that when you don't have a live performance, you can drop
j1
the screen and have a movie house, you know, at least have one or two of the
+°
different areas. We're going to have four different screens that maybe one or
two are flexible, that you can adapt them for live performances of plays and
s
things of that nature for the local people in the area, the artists. I think
that would be very nice for the community. But, I think we need to have some
250 February 13, 1992
kind of study as to what can be done, what the needs are for that, and
I
wonder if we're doing that or if we're just shooting from the hip as far
as
this is concerned.
Vice Mayor Alonso: I don't think we are really ready at that stage...
Mr. Odio: I'm not prepared to discuss that.
Commissioner Plummer: You're...
Mr. Odio: Obviously, I didn't know this was coming up, and I will get you
a
report where we are.
Mayor Suarez: Well, don't take the step of beginning to outfit the place
or
do...
Mr. Odio: We have not.
Mayor Suarez: ... physical improvements...
Vice Mayor Alonso: We are not.
Mayor Suarez: ... until you've taken the input of the organization.
Mr. Odio: No, we have to come...
Vice Mayor Alonso: We are not.
Mr. Odio: ... here, anyway, for an RFP (Request for Proposals) when we're
ready, and the RFP will have to spell out...
Vice Mayor Alonso: First has to come the asbestos removal, and then will
be
ready to move the next step.
Commissioner Plummer: Long way off.
Mayor Suarez: And take... it's just like the Waterfront Advisory Board except
that they're not an official City Board, which are an important organization
in the area proposing to joint venture with another one. They should be taken
into account. They should have their calls returned. They should be able to
see preliminary ideas, conceptual ideas, as to what we're going to do there
and give your input, as the Commissioner stated.
Vice Mayor Alonso: Even a special meeting for the...
Mayor Suarez: ... workshops, whatever it takes.
Vice Mayor Alonso: ... people working on that to discuss with members of
interested parties.
Commissioner De Yurre: If we're going to take pride, and certainly the Tower
Theater is something that we should proud of because of what it means to our
heritage, here, in this community and our roots. I think that maybe we could
make something bigger than what we're looking at, by just calling in all the
251 February 13, 1992
different groups and organizing them and getting them involved and making them
feel that this is a home to them. That they can perform there, that they can
do a number of things there, and getting them involved with all that they have
to offer, which is a significant amount of man-hours and female -hours,
whatever you want to call it, and try to do something that really the whole
community participates in. You know, I'd like to see the Administration
coming up with something along those lines, to get everybody involved and as
quickly as possible.
Vice Mayor Alonso: I think we should instruct the Administration to meet with
them and, so that they are prepared to take them into account, when we are at
that stage to be able to hear their comments and suggestions.
Mayor Suarez: So done. So instructed. They should meet with the
Administration.
Commissioner De Yurre: O.K.
Mayor Suarez: Give all your input and believe me, we will take into account
all of your ideas and your participation. And at some point, we will put out
for bid, very possibly, the management of the whole place and maybe that your
group will win out on that bid.
Commissioner Plummer: But right now, go out and start raising money.
Commissioner De Yurre: O.K. Thank you.
Mayor Suarez: Doctor Lizaso is one of our lead people, if not the lead person
in that.
49. DIRECT MANAGER TO CONTACT METRO-DADE COUNTY TO REQUEST THAT PHASE II OF
THE CITY -COUNTY HOMELESS ASSISTANCE PROGRAM BE EXPANDED TO INCORPORATE
AND FUND THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) PILOT HOMELESS
ASSISTANCE PROGRAM THROUGH FY 1991-92.
-------------------------------------------------------------------------------
Mayor Suarez: O.K. Item 33, I believe. There's a resolution that's been
passed, Matthew, I don't know how long the Commissioners have had it. I know
that you've spent a lot of time with the Commissioners on it. The resolution
is that in the Outreach Program, the Pilot Program by the DDA (Downtown
Development Authority), which I think everyone agrees, has worked well, be
corporated. There's no fixed money requirement and I think it's, I don't want
to say it's totally harmless, but if anyone has any questions about it.
Doran, you want make a quick presentation?
Mr. Doran Jason: I'm Doran Jason, Vice Chairman of the Downtown Development
Authority, and I would just like to urge the Commission to pass our resolution
and help us with this project that's been enforced less than sixty days. It's
working very well. It's actively helping the core area downtown. It would be
the only part of the City County project that would be directed, directly in
the core. We've got experience with it now, and it's working right. We need
252 February 13, 1992
your help and we'd like your support by making this part of the overall
project. Richard Friend is here from the Brickell Area Association. He'd
like to put in a word or two, if he can?
Commissioner Plummer: What is this in the resolution that the DDA was only
subject to $100,000?
Mayor Suarez: It was a hundred in addition to the fifty that already we
provide.
Commissioner Plummer: It doesn't say that, sir.
Mayor Suarez: There was a hundred left over from the...
Commissioner Plummer: It doesn't say that. It says whereas the Miami City
Commission, by ordinance, adopted 10944 appropriating two hundred and fifty
for the City of Miami Metro Homeless, which allocated $100,000 from the DDA.
My understanding was it was a hundred fifty of which thirty has been expended.
Mayor Suarez: No, we also took into account the twenty-five which was being
expended for Livia Garcia's salary, out of the DDA.
Commissioner Plummer: But, in other words, the total was one -fifty?
Mayor Suarez: One fifty, yes.
Vice Mayor Alonso: One fifty, yes.
Mr. Jason: Yes, the total was one fifty.
Mayor Suarez: So, that if that should be corrected here, to reflect...
Commissioner Plummer: This should be corrected here to read one fifty.
Mayor Suarez: One fifty.
Mr. Jason: Fine.
Mayor Suarez: There was ninety-five thousand...
Mr. Joel Maxwell: Now, Mr. Mayor, the ordinance that's referenced here, only
talks about $100,000. That ordinance was $100,000.
Mayor Suarez: I thought the ordinance has said the full one fifty. O.K.,
maybe the ordinance understood...
Mr. Matthew Schwartz: There was a motion that was approved after the budget
approved that calls for ten percent, which was the one hundred fifty.
Mayor Suarez: I see. At one point, maybe we said hundred, but we certainly
meant one hundred fifty.
Vice Mayor Alonso: In order to save time, I like to move that we approve this
as presented to us.
253 February 13, 1992
Mayor Suarez: So moved.
Commissioner Dawkins: Under disc... Second it.
Mayor Suarez: Second, Commissioner Dawkins?
Commissioner Dawkins: Under discussion. By doing this, what happens to the
successful program that the DDA has downtown where they are putting... how
many people you got employed down there?
Mr. Schwartz: There are four part-time and one full-time, the DAP(Downtown
Assistance Program) staff.
Commissioner Dawkins: What is it called?
Mr. Schwartz: DAP.
Commissioner Dawkins: ZAP?
Mr. Schwartz: DAP.
Commissioner Dawkins: O.K. what happens to that program now?
Mr. Schwartz: What we're asking for is that to meet the commitment that the
City has with the County for the under expressway and Lummus Park, the hundred
and twenty six...
Mayor Suarez: Why do you editorialize and get into commitments with the
County?
Mr. Schwartz: Right now...
Mayor Suarez: What happens do that program?
Mr. Schwartz: We hope to continue the program under this.
Commissioner Dawkins: How. How.
i
Mr. Jason: It will be continued from now until the end of September, with the
use of some of the funds that are being put into the project, overall.
Commissioner Dawkins: O.K. And you have, now, these fund are going to be
given to the County?
i�
Mr. Jason: Correct,...
i
�7
' Commissioner Dawkins: And you...
Mr. Jason: ... or however the City does it.
Vice Mayor Alonso: Not exactly.
Mr. Jason: Or however the City does it.
254 February 13, 1992
i
Commissioner Plummer: We're giving them to the County, but urging them what
to do with it.
Commissioner Dawkins: O.K. They will be given to the County, O.K.? Who pays
the five people now?
Mr. Jason: Right now?
Commissioner Dawkins: Yes, right now.
Mr. Jason: They're being paid now by the DDA.
Commissioner Dawkins: DDA. Now, if the County in its infant wisdom decides
not to take these five people, what?
Mr. Jason: We would not be able to continue the project.
Mayor Suarez: The whole agreement could breakdown, then.
Commissioner Dawkins: What's wrong with the DDA saying that they will provide
sixty thousand dollars in cash and thirty five thousand dollars in any kind of
services, which will be these people?
Commissioner Plummer: If they will accept it, there's nothing wrong with
that. But, we're on record on having a commitment until for the ninety five.
Commissioner Dawkins: Well, that's the... it didn't say cash.
Vice Mayor Alonso: Yeah, yeah.
Mayor Suarez: I think it's still, I think it was still O.K...
Commissioner Plummer: If that's acceptable? - it's fine with me.
Mayor Suarez: ... because I think, we're still at one fifty plus what would
it be? - two fifteen, or two sixty five.
Commissioner Plummer: If we can do it Atkins, as well as cash, that's fine.
Vice Mayor Alonso: Yes, yes.
Mayor Suarez: I mean, one fifty plus one fifteen, we'd still be at two sixty
five. I think we're still within the parameters of the County.
Commissioner Plummer: Let me ask you. Is any of this money going to house
and to feed?
Mr. Jason: Yes.
Commissioner Plummer: Approximately, how many individuals?
Mr. Jason: Oh...
255 February 13, 1992
Commissioner Plummer: Approximately?
Mayor Suarez: Well, they're not always going to be the same individuals,
either. Some might make it into a different program. So, when you say how
many, it's how many on an ongoing basis, J.L. But,...
Commissioner Dawkins: Mr. Mayor?
Commissioner Plummer: I'd like to... Can I get answer?
Mayor Suarez: He's going to get an answer on this.
Commissioner Dawkins: O.K.
Ms. Livia Garcia: Sir, we have made donations to three organizations, Better
Way of Miami, New Horizons, and Northwest Dade Mental Health. We cannot
possibly pay for beds, but with this donations these organizations have agreed
to house and feed and give counseling to these people.
Commissioner Plummer: Are you aware of the suggestion which I made this
morning?
Ms. Garcia: No, sir.
Commissioner Plummer: That is, that if any of these people, who are not in
training programs, who are receiving a bed and three meals a day, be requested
to work for the City of Miami in some capacity that they're not going to be
just getting a bed and three meals and sit around all day.
Ms. Garcia: That's a wonderful idea.
Commissioner Plummer: That if they're not going to go to a training program,
they will be required to work for the City in some capacity to pay back for
what they are receiving.
Ms. Garcia: There is an organization, Better Way of Miami (APPLAUSE), that
has worked for the City of Miami before.
Commissioner Plummer: O.K. Better Way heard what I said this morning.
They're going possibly go up to a hundred beds. If those people are in a
training program, so be it. God bless them, O.K.? But those that are not,
those that are not, let them go to work.
Mr. Jason: Commissioner, I think we all agree.
Commissioner Dawkins: Mr. Mayor?
i
Mayor Suarez: Yes. We understand, we understand...
Vice Mayor Alonso: Yes.
Mayor Suarez: Commissioner Dawkins. Yes.
256 February 13, 1992
Commissioner Dawkins: You know, along the lines of what J.L. is saying, the
program ZAP does exactly that. They have taken five homeless people. They
have employed those people. Those people walk up and down Flagler Street
encouraging the homeless persons to get off of Flagler Street, so that the
tourists and the citizens can go down on Flagler Street and spend their money.
Mr. Jason: Not only to get off of Flagler Street, but to get into a program.
Commissioner Dawkins: Yeah, I mean, all the streets they roam in. So, if
that's not a service, I don't know what is, and I don't see the County funding
this when these people work for the DDA. I'd rather see that be included as
in -kind services and we continue to service our merchants on Flagler and...
Mr. Jason: We're willing to leave that up to the Commission and not
necessarily incorporate it. However, the Commission wants to do it.
Commissioner Plummer: Doran, the question is, is if the County will accept
that as part of our commitment? I have no problem with that.
Commissioner Dawkins: If the County accepts?
Vice Mayor Alonso: I don't see why not.
Commissioner Plummer: Well, whoever, that... yeah...
Mr. Jason: O.K. We realize that's with the County and the judge's
discretion...
Mayor Suarez: I think, mathematically, the formula that Commissioner Dawkins
proposed would be, would satisfy the requirement of the County. I don't think
it would create a problem.
Commissioner Plummer: Fine.
Mr. Jason: We're pleased to have that.
Mayor Suarez: Sixty five thirty, I think it works. Because it's still a
total contribution, even aside from those thirty, that exceeds our two fifty.
Mr. Jason: Richard would like to...
Mayor Suarez: Mr. Friend from friends of Brickell.
Mr. Friend: Yes. Richard Friend, President of the Brickell Area
Association. We're in support of the motion. We have certain reservations we
like it to go on record with a resolution which was passed at the most recent
board of directors meeting of the Brickell Area Association.
"Whereas the Downtown Development Authority has agreed to make available
to the City of Miami Dade County Homeless Outreach Project, the sum of
$95,000.00 from its fiscal 1991-92 DDA Budget, whereas there's been some
controversy concerning such authorization by the DDA, and whereas the
constituency of the Brickell Area Association contributes the substantial
portions of the funds comprising the DDA's annual budget, and whereas the
Brickell Area Association has previously expressed its concerned, and
'' 257 February 13, 1992
continues to express its concern as to the direction of the DDA, its use
of funds and its focus to its mission of promoting development with the
boundaries of the DDA. Now therefore, be resolved that: 1) The
Brickell Area Association wishes to express its strong support of the
City of Miami citywide efforts and the Dade County countywide efforts to
solve the homeless problem which affects not only the Brickell area but
all of Dade County. 2) The Brickell Area Association urges that Miami
City Commission to take such steps as may be necessary to provide a
minimum of $95,000.00 of additional funding to the DDA from whatever
source it may find available to continue the DDA's funding on an interim
basis of the DDA's Pilot Homeless Project. 3) An appropriate percentage
of such additional funds be utilized for expanding the DDA's Pilot
Homeless Project to incorporate the Brickell area in order to deal with
the homeless problem faced by the constituency of the Brickell Area
Association. 4) The Brickell Area Association urges the City of Miami
to increase its, as opposed to the DDA's, contribution to programs
designed to solve the City's homeless problem to find a permanent source
of funding for from sources other than the DDA's annual budget, and a
permanent group to take charge of the DDA's very successful homeless
pilot project in order to speedily achieve a solution to the current
homeless problem and; 5) The BAA (Brickell Area Association)
respectfully requests the City of Miami to review the legality of
appropriations by the DDA for projects which are not expressly focused to
promote and enhance development opportunities within the boundaries of
the DDA."
Thank you.
Mayor Suarez: Thank you. Almost everything that you stated precisely was
incorporated in our motion. Mr. Gonzalez-Goenaga, quickly, we're not
technically in public hearings, but make a two minute statement.
Mr. Gonzalez-Goenaga: Yes. It makes me vomit the way all is spread around
when we talk about the homeless, and over and over and over again. It's about
time, and I think that the Mayor has stated to the "Exito Newspaper" that it's
an embarrassment, the situation of the Homeless, and I have always said that
the essence, the bottom line, is that we treat the homeless as merchandise not
as human beings. So, let's stop this monkey business and dollars and here and
there, and let's be real humans. Because, we're later going to discuss the
situation, and we will see very rich people. When we had a Mexican fellow who
came to Miami and donated $400,000 just by going and looking at them, and yet
we have thousands and thousands of people, very rich people from Coconut
Grove, and they want the homeless out of there. Thank you very much.
Mayor Suarez: Yes, and we're going to be hearing about that in a little
while. So, have a seat, sir. Yes?
Mr. Jason: The only thing I wanted to do was invite all the Commissioners to
tomorrow's dedication of the mini -station at the parking garage. What's
the?...
Mr. Schwartz: ... Second Avenue and second street at 11:30.
Mr. Jason: At 11:30. This is part of the Pilot Project that we've been
carrying on.
258 February 13, 1992
1
Mayor Suarez: This is a private mini -station that we're setting up there for
the purposes of Commissioner Miller Dawkins, when he goes downtown to the
college and keep and eye on his car. Alright, we have a motion and second.
Any discussion? If not, please call the roll. A resolution.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-122
A RESOLUTION DIRECTING THE CITY MANAGER TO CONTACT
METRO-DADE COUNTY TO REQUEST THAT PHASE II OF THE
CITY -COUNTY HOMELESS ASSISTANCE PROGRAM BE EXPANDED TO
INCORPORATE AND FUND THE DOWNTOWN DEVELOPMENT
AUTHORITY ("DDA") "PILOT" HOMELESS ASSISTANCE PROGRAM
THROUGH FISCAL YEAR 1991-1992; DIRECTING THAT FUNDING
PROVIDED BY THE DDA PURSUANT TO ORDINANCE NO. 10944 BE
UTILIZED FOR THIS PURPOSE CONTINGENT UPON AND SUBJECT
TO THE PROVISION OF SERVICES TO THE ONE HUNDRED
TWENTY-SIX (126) PEOPLE ORIGINALLY DESIGNATED FOR
SERVICES UNDER THE CITY -COUNTY PHASE II HOMELESS
ASSISTANCE PROGRAM ("PROGRAM") AS PER STIPULATIONS OF
THE COURT ORDER BY JUDGE ATKINS DATED JANUARY 16,
1992; FURTHER AGREEING THAT THE DDA CONTINUE ITS
"PILOT" PROGRAM UTILIZING AVAILABLE FUNDS PROVIDED BY
THE DDA TO SAID CITY -COUNTY PROGRAM; AND THAT THE DDA
ADMINISTER ITS PILOT PROGRAM IN CONJUNCTION WITH THE
CITY -COUNTY PHASE II PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
259 February 13, 1992
# 0.
50. BRIEF COMMENTS BY VICE MAYOR ALONSO CONCERNING SATISFACTORY MEETING WITH
THE POLICE DEPARTMENT.
Mayor Suarez: Yes. Vice Mayor Alonso, vendors problem?
Vice Mayor Alonso: No, I don't need to discuss...
Mayor Suarez: Which one?
Vice Mayor Alonso: ... item. I met with the chief of police. We're working
on this item and I'm satisfied at this point. So, there's no need to take
time, now.
51. (A)EXPRESS TO MEMBERS OF THE FLORIDA LEGISLATURE THE
COMMISSION'S OPPOSITION TO THE PROPOSED 2% FOOD AND BEVERAGE
TAX AMENDMENT.
(B)URGE STATE OF FLORIDA TO AUTHORIZE THE CITY TO COLLECT
ALL BED TAXES, ALL FOOD / BEVERAGE TAXES, AND ALL TAXES
IMPINGING ON HOTELS AND RESTAURANTS IN THE CITY.
Mayor Suarez: Item 35, also. This is a section of the Agenda devoted to the
Vice Mayor. So,...
Vice Mayor Alonso: Yes, yes.
Mayor Suarez: Proposed legislation on placing a constitutional amendment on
November, 1992 ballot limiting increase in homestead property evaluation.
Vice Mayor Alonso: Yes. This is in reference to save our homes bill and I
would like to ask, Aurelio, since Mikki Canton was going to be here... she's
unable to be... to attend. She's in Tallahassee because this bill is going to
be discussed, precisely, this afternoon. The Cultural Tax, or two percent, or
food and beverage, so could you address this Commission on this item? She
told me that perhaps you could do it. If not, then we will postpone this for
the next Commission meeting next Tuesday. Okay?
Mayor Suarez: Item 35.
Vice Mayor Alonso: 35.
Commissioner Plummer: 35.
Vice Mayor Alonso: I send a memo to all of you asking to look at the position
and perhaps we should take that at this time, as well, and it's in reference
to the two percent tax to restaurants. So, we will address that in a minute.
260 February 13, 1992
I]]
Mayor Suarez: That two percent tax is similar to what was discussed, I think,
last year which extends the food & beverage tax that now exists in Miami
Beach... the rest of the County. Is that more or less a correct statement?
Vice Mayor Alonso: Yes. That's exactly...
Mr. Aurelio Perez-Lugones: It is that and...
Mayor Suarez: What kinds of restaurants would be affected? Those in excess
of certain...
Commissioner Dawkins: All of them.
Mr. Perez-Lugones: ... it will be...
Vice Mayor Alonso: That's one the problem. All of them.
Commissioner Dawkins: Mom and pop.
Mr. Perez-Lugones: It will be a...
Mayor Suarez: Mom and pop, too.
Vice Mayor Alonso: Yes.
Mayor Suarez: Yes or no?
Mr. Perez-Lugones: It will include all the establishments that sell food,
beverages or alcoholic beverages in hotels and motels only or in hotels and
motels. And in addition, establishments that are licensed by the State to
sell alcoholic beverages for consumption on premises.
Mayor Suarez: So it has to be restaurants over a certain size.
Commissioner Plummer: Wait a minute. I thought you were on item 35.
Vice Mayor Alonso: But we are referring to...
Mr. Perez-Lugones: The tax...
Mayor Suarez: Yes, that's one of the components of it.
Vice Mayor Alonso: ... one of the components... we are talking about that
too.
Mr. Perez-Lugones: The tax is not imposed on alcoholic beverages sold by the
package for NCO, non -consumption on premises.
Mayor Suarez: But to clarify, once again, if you have a mom and pop
restaurant that is not in a hotel that will not be taxed. Because...
Vice Mayor Alonso: Yes, it will.
261 February 13, 1992
Mayor Suarez: ... unless it is subject to the State Alcohol Beverage
Regulation which usually requires, I think, minimum seating of I don't know
how many seats... Not the small ones.
Vice Mayor Alonso: Mr. Mayor, the problem is not clear.
Commissioner Plummer: In Tallahassee, they're playing with this thing all the
way around, from anywhere, trying to eliminate mom and pop. They're trying to
take it by a square foot basis, so many seat basis, you know, it's forty-seven
ways from Sunday. It's just like the redistricting plan. Everybody is got
their own idea.
Mr. Perez-Lugones: As I understand it, it came out of Finance and Taxation
Committee in the Senate this afternoon and I got a message from Mikki that it
has a lot of proviso language. I don't know what proviso language, in this
case, is involved. And there are amendments that were attached by Senator
Meek and it's...
Vice Mayor Alonso: Do you think that due to the circumstances we should delay
this item and perhaps address it next Tuesday, since we will meet again next
Tuesday?
Mayor Suarez: Want to try that?
Mr. Perez-Lugones: Well...
Vice Mayor Alonso: Maybe so.
Commissioner Plummer: Well, next Tuesday is what the 18th?
Vice Mayor Alonso: Yeah. We have a Commissioner meeting anyway.
Mr. Perez-Lugones: It's the eighteenth.
Commissioner Plummer: Well the only problem that I think that you might...
the longer you run, remember that the Legislature, if as planned goes out the
thirteenth of March.
Mr. Perez-Lugones: ... of March.
Commissioner Plummer: Now, as you run down the course of the thing, the later
you get... they're going to be fighting tooth and nail over two items, budget
and redistricting and nothing else is going to get addressed. So the longer
you go the longer, the more problems you're going to have. So that's the only
caution I make of you.
Vice Mayor Alonso: So, maybe we should discuss and perhaps take an official
position regarding this tax so that they can address the position of the City
of Miami rather than each one of us stating whatever we feel about the tax.
Mr. Perez-Lugones: I have that Mikki faxed today, this afternoon, the version
that went to the Senate and let me pass this around.
Vice Mayor Alonso: Yes.
262
February 13, 1992
+
Mr. Perez-Lugones: This is before it was passed by the Senate.
Commissioner Plummer: Well, excuse me, Commissioner Dawkins. Don't I recall
that you brought this matter before the Commission and asked what was our
position so you could express it? And as I recall, we were totally opposed.
Commissioner Dawkins: And we still are but I think, we both, I think all of
us agree that we should go on the record saying that in principle we don't
have a problem with it, but we are opposed to it in that it does not exclude
small mom and pop stores... Number two it says that the money will be spent
at the discretion of the County and the County has no homeless. We also do
not understand what the County means when it says the money will be spent at
the discretion of the County...
Vice Mayor Alonso: Exactly.
Commissioner Dawkins: ... and we cannot approve it until these differences
have been ironed out and we should go on record saying that.
Commissioner Plummer: Do I understand you correctly that we're saying that we
would be in favor of the 2% additional tax?
Commissioner Dawkins: No, never, never in favor.
Vice Mayor Alonso: No, no, no.
Commissioner Plummer: Oh, okay.
Commissioner Dawkins: We're not in favor of it.
Commissioner Plummer: You're saying we're not in favor of it. Just in case
it does pass, here's what we would like to see.
Commissioner Dawkins: That's all.
Vice Mayor Alonso: What we're saying is that we have to protect the City of
Miami and in case it's approved we have to take some stand in this provision.
Commissioner Dawkins: And the County is up there J.L., telling the
Legislators that they have talked to us, that the City of Miami has agreed to
this, and they don't know what the problem is...
Vice Mayor Alonso: Exactly.
Commissioner Dawkins: ... and they have not talked to us at all. We don't
know anything about it.
Vice Mayor Alonso: Even Mikki Canton wasn't clear enough whether this
Commission had taken a position. And I felt that we have said we opposed the
tax as a Commission. Now, we should really stress that we are opposed to the
tax and that's the position of the City of Miami and then but also in case
they approve, we would like to see some of the things that will benefit Miami.
263 February 13, 1992
A
Mr. Perez-Lugones: Madam Vice Mayor, I would suggest that if, you know, the
Commission should pass a Resolution, in order to be extremely clear on that
issue.
Commissioner Dawkins: Saying we're not in favor of it. That we're not in
favor of it, that's all.
Vice Mayor Alonso: That we're not in favor of it.
Commissioner Plummer: Well, you know, and I think what we need to remind them
about giving the County the authority to administer, if in fact, that 47% of
the money, presently comes from within the confines of the City limits of the
City of Miami, okay. I think we need to remind somebody of that.
Vice Mayor Alonso: Well, they're not paying attention to that, that they've
been saying in every opportunity they had, that Miami had no right to oppose
the tax and I think we have every right to state our position and say we
oppose this tax.
Commissioner Dawkins: And the beautiful thing about is the Dade Delegation is
split.
Vice Mayor Alonso: Yes.
Commissioner Dawkins: Those members of the Dade Delegation who are elected by
those of us in the City, don't want it like we don't want. But those who are
elected County wide, they're coming back asking their constituents, you know,
but right now Hialeah has gone on record as they don't want it, don't want no
part of it.
Commissioner Plummer: But isn't this...
Vice Mayor Alonso: Will go on record, as well.
Mr. Perez-Lugones: Hialeah has a ...
Commissioner Dawkins: And as you said J.L. none of the hotels are in...
Commissioner Plummer: And my understanding is, this will not take a
referendum. It is without a referendum.
Commissioner Dawkins: No, without a referendum.
Vice Mayor Alonso: Yes, that's the danger of it.
Mr. Perez-Lugones: Yes, right, and Hialeah has gone on record transmitting a
resolution.
Commissioner Plummer: Well, I thought we went on record.
Vice Mayor Alonso: No, we did. Finally, we did and we just stated the
position.
Commissioner Dawkins: No, you never gave me any direction, J.L.
264
February 13, 1992
Vice Mayor Alonso: No, no. So today we should state we go on record as a
City Commission saying this is our position. Let's take it a vote. I move
that we go on record in opposition to this tax, and have a resolution.
Mayor Suarez: I have strong reservations about the tax and I would like to
make all kinds of changes in it and otherwise monitor its passage and its
implementation and spending, but I will not vote a motion that says I'm
against it either. In fact, there's many aspects of the tax that I think are
very good for the community and what I want to make sure is that we get our
fair share of it.
Commissioner Plummer: You are not going to get it.
Vice Mayor Alonso: Exactly, but what we can do is then take a vote and see
what comes. If we have three votes, we have the position of this Commission
and then we can just... If you can make a...
Mayor Suarez: If you... I just want to tell you that...
Vice Mayor Alonso:
I
mentioned,
that's
why
my memo...
Mayor Suarez: ...
if
you state
it as
such
I will vote against it...
Vice Mayor Alonso: Okay.
Mayor Suarez: ... but if you want to reflect, an unanimity, or if you want
to make sure you have a consensus that you're, that can be taken in
Tallahassee, You might want to rephrase it in terms of having strong
reservations about it and that if it is passed, we want to make sure we have a
share of it. Knowing that...
Commissioner Plummer: Well, how about a motion that would state that unless
the City of Miami receives back that portion which is raised from the City of
Miami, we will oppose the tax.
Commissioner Dawkins: No, no. Not we will, we are opposed.
Vice Mayor Alonso: No, we are.
Commissioner Dawkins: Not will, that we are opposed.
Commissioner Plummer: Yeah, fine. Make it more definite.
Commissioner Dawkins: No problem. I mean, okay, I withdraw my second on the
first motion in favor of the second motion.
Vice Mayor Alonso: No, I would like to go on record as saying that I, my
motion is that we oppose. If it fails, then we try something else.
Mayor Suarez: So moved.
Commissioner Dawkins: So moved.
265 February 13, 1992
E2
Mayor Suarez: Do we have second on the motion?
Commissioner Dawkins: I second it.
Mayor Suarez: Seconded. Any discussion? Simple motion saying that you
oppose the passage of this kind of tax, right.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-123
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
TO THE MEMBERS OF THE FLORIDA LEGISLATURE ITS
OPPOSITION TO THE PROPOSED TWO PERCENT (2%) FOOD AND
BEVERAGE TAX AMENDMENT; FURTHER DIRECTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
HEREIN NAMED OFFICIALS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, 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 DURING ROLL CALL:
Commissioner Plummer: I'm fully on the record of no new taxes. I got to vote
yes.
Mayor Suarez: No, no. There's some taxes I really like a lot and this one
could conceivably extend the food and beverage tax which has been collected in
Miami Beach through all areas of the County in a way that would benefit
residents of our community and if, done properly and fairly, apportion as to
City of Miami projects could help us a lot, including the homeless. So I have
to vote against that motion.
COMMENTS AFTER ROLL CALL:
Vice Mayor Alonso: Yes, the problem is Mr. Mayor and that's why I sent my
memo with these points, as I stated, is that the County is going to do us what
zi
they've been doing through the years. We're not going to see a penny of it.
'� 266 February 13, 1992
T,
a
Mayor Suarez: For next year or maybe even for this year, if anybody wants to
try to take the initiative up to Tallahassee that we should be able to collect
our own tax of this sort and other sorts that are already on the books as
Miami Beach does, we ought to be ready to fight that battle one of these
Legislative sessions...
Vice Mayor Alonso: Of course we should. We've been talking about that...
Mayor Suarez: ... and if you want to put that in the form of a motion...
Vice Mayor Alonso: ... for two years, I'll take it anytime. I love it.
Mayor Suarez: I think that we ought to be doing that and then it will not
become an issue as to how it spent because we spent it our ourselves, like
Miami Beach is doing.
Commissioner Dawkins: I move that we put that in a Legislative priority.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Any discussion on that?
Commissioner Plummer: What was the motion?
Mayor Suarez: The motion is that on all bed taxes and all food and beverages
taxes and anything that impinges on hotels and restaurants in the City of
Miami that we be allowed, by the Legislature, to levy and collect them, or at
least to collect them if not levy, like Miami Beach has been doing.
Commissioner Plummer: Well, Mr. Mayor then...
Commissioner De Yurre: It's no new taxes, just a redirection.
Vice Mayor Alonso: To collect them. That have already been applied, no new
taxes to the ones in existence.
Commissioner Plummer: Wait, wait. You already have, presently, a bed tax.
Mayor Suarez: Yes.
Commissioner Plummer: O.K.
Vice Mayor Alonso: That's what we're talking about, the ones in existence.
Commissioner Plummer: O.K., that I sit on that TDC(Tourist Development
Council) which administers, as you know, they have depleted it to nothing.
Mayor Suarez: Right, $300,000 is not nothing, but...
Commissioner Plummer: We now have a total of $600,000 out of approximately...
267 February 13, 1992
2=
Mayor Suarez: Six hundred thousand dollars.
Commissioner Plummer: ... seven million dollars.
Mayor Suarez: Right.
Commissioner Plummer: Now, are you going to change that structure? I'd hate
to see we lose what we already have and that's the danger.
Mayor Suarez: The estimate is at forty-seven percent of the entire tax
collected countywide is from city hotel...
Vice Mayor Alonso: Comes from us.
Commissioner Plummer: That's correct.
Mayor Suarez: ... and I don' see why we should have to go hat in hand begging
every time for the use of that money.
Commissioner Plummer: Well, so just you know the remaining portion...
Mayor Suarez: Most of it is committed. Let me clarify. Most of it is
committed and bonded out so...
Commissioner Plummer: The remaining portion of that money is going to
Stierheim in the greater Miami Convention Bureau.
Mayor Suarez: As to...
Commissioner Plummer: Just so you know that.
Mayor Suarez: ... the Classic so-called bed tax, yes.
Commissioner Plummer: That five in -a -half million dollars that they get.
Miami Beach, who does participate in that same Board, does as you said,
collect an individual tax themselves.
Vice Mayor Alonso: Yes they do.
Commissioner Plummer: That's the VCA.
Mayor Suarez: And they make contribution to the Convention and Visitors
Bureau.
Vice Mayor Alonso: And it has given us... they have given us a hard time
even just to mention that forty-seven percent comes from Miami. They didn't
even want to state that we provide forty-seven percent of the taxes, the money
they collect.
Mayor Suarez: So moved in second as to that. Any further discussion? If
not, please call the roll for our priority in Tallahassee.
268 February 13, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-124
{ A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING,
AS A PRIORITY, ITS INTENT TO INTRODUCE LEGISLATION TO
BE CONSIDERED BY THE FLORIDA STATE LEGISLATURE WHICH
WOULD ENABLE THE CITY OF MIAMI TO (A) COLLECT, OR (B)
LEVY AND COLLECT TAXES DERIVED FROM REVENUES COLLECTED
BY HOSPITALITY INSTITUTIONS LOCATED WITHIN THE CITY OF
MIAMI FOR GUEST ROOM ACCOMMODATIONS AND FOOD AND
BEVERAGE SERVICES; FURTHER STIPULATING THAT SAID
_ COLLECTION OF TAXES DOES NOT REPRESENT A NEW TAX OR
TAX ESCALATION FROM THOSE CURRENTLY LEVIED AND
COLLECTED BY METROPOLITAN DADE COUNTY; AND DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION
TO THE HEREIN DESIGNATED OFFICIALS.
(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 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.
52. BRIEF COMMENTS BY COMMISSIONER DE YURRE CONCERNING POSSIBLE ERECTION OF
A SIGN OFF I-95 TO IDENTIFY LITTLE HAVANA FOR TOURISTS.
Commissioner De Yurre: Mr. Mayor, as we go to item 36, I just like to bring a
point, Mr. Odio. We've requested a sign off of I-95 on the 7th Street exit
identifying Little Havana. There was, in fact, they were covering that in the
paper, "Neighbors" today".
Mr. Odio: They turned us down.
Commissioner De Yurre: O.K. I think that it's incumbent upon us for the
Administration to make an effort, whether we need to contact our Legislators
to push and put pressure so that we can sign up there. I think it's...
Mr. Odio: O.K.
269 February 13, 1992
Commissioner De Yurre: The reasons that were given were totally ludicrous
and really were not persuasive, and I think that it would be very good to have
a sign there to alert the people and let them know that Little Havana is right
off of 7th Street for their enjoyment. Thank you.
53. APPROVE NAMES SUBMITTED BY THE UNIVERSITY OF MIAMI AND THE DADE COUNTY
SCHOOL BOARD AS RECIPIENTS OF SCHOLARSHIPS TO ATTEND THE UNIVERSITY:
(Approved were: Roline Milfort, Carmen Padilla, Vivian Perez, Julio
Gonzalez, Silvio Horta, Dufirston J. Neres and Yamile Perez.)
Mayor Suarez: Item 36. Scholarships of attending University of Miami. What
do we need to do on that? Have we?...
Commissioner Plummer: They've supplied us with...
Vice Mayor Alonso: Yes.
Commissioner Plummer: ... a list of names. We can select any or all. Is
that correct?
Mr. Paul Dee: Yes, sir.
Commissioner Plummer: How many... I forget... How many are on the list?
Mr. Dee: Seven, sir. Seven.
Commissioner Plummer: Seven. And these were the recommendations of the
University, as well as the... what's the organization of the School Board?
Mr. Dee: The way we agreed to do it was that we would solicit from all the
guidance counselors and for other people...
Commissioner Plummer: Alright. The question that I have...
Mr. Dee: O.K. ... who is...
Commissioner Plummer: Coral Gables Senior High School. Does that individual
live in the City of Miami?
Mr. Dee: Absolutely. In fact...
Commissioner Plummer: All these live in the City. O.K.
Mr. Dee: Absolutely. In fact there was more people who had Miami addresses.
We checked each one out to make sure they lived in your City limits.
Commissioner Plummer: Alright.
270 February 13, 1992
Mr. Dee: They may go to school outside of the City, but they are residents of
the City, every one.
Commissioner Plummer: Alright. Mr. Mayor, if no one has any objections, this
is a list that I think it's pretty good for you folks. That you don't like
the fact... Black, Spaniard, Cuban, Cuban, Cuban, Black, Cuban, American.
Does that meet with your criteria? I will move that the names surrendered by
the University and the School Board be accepted and granted.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
am
RESOLUTION NO. 92-125
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE
NOMINATION OF CERTAIN INDIVIDUALS TO BE RECIPIENTS OF
ONE-YEAR HALF -TUITION SCHOLARSHIPS AWARDED UNDER THE
CITY OF MIAMI SPONSORED UNIVERSITY OF MIAMI
SCHOLARSHIP PROGRAM, APPROVED BY RESOLUTION NO. 89-
1152, ADOPTED DECEMBER 14, 1989, AND RESOLUTION NO.
91-909, ADOPTED DECEMBER 5, 1991.
(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 J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins.
ABSENT: Commissioner Victor De Yurre
Mr. Dee: Thank you.
271 February 13, 1992
N",
[2
54. BRIEF DISCUSSION CONCERNING A PROPOSAL FOR ERECTION OF A CUBAN HOLOCAUST
MONUMENT (Referred to Administration.)
Mayor Suarez: Thank you. Item 37. Dr. Marrero - Cuban Holocaust Monument.
Dr. Ramiro Marrero: Thank you for your...
Mayor Suarez: You've been here and tried to be here and otherwise tried to be
heard many, many times. We finally get to you. You want a site, basically...
Dr. Marrero: Well, our committee that is the Cuban Holocaust Monument and I
talk on behalf of them, we would like to request from the City of Miami a
piece of land for the erection of the Cuban Holocaust Monument that it's going
to be in a dimension of 20 x 15 and tall about 14 to 16 feet tall.
Mayor Suarez: So that's 20 feet by 15?
Dr. Marrero: Maybe 20 by 15, yes.
Mayor Suarez: Feet, you didn't say feet.
Dr. Marrero: Feet, right. I have here...
Mayor Suarez: You have a rendering...
Dr. Marrero: ... a maquette of the monument. This is a... The sculpture was
Tony Lopez and it's going to be made in bronze or in reforcement with
fiberglass reinforced structure. We are requesting from the City of Miami a
piece of land for this construction to try to do a permanent and memorize all
the deaths of the Cuban people because we also deserve a Holocaust like all
the ethnic people had in the past. And the reason why I'm here, is just to
request a piece land for the erection of this. This is an...
Mayor Suarez: Mr. Manager, have you - I mean, understanding the importance of
the rest of his presentation, not pre -emptying it - you have not, as of yet
had time to fully consider the sight that might be offered. Have you?
Mr. Odio: No. And this...
Mayor Suarez: I think you have previously suggested some on...
Dr. Marrero: We discussed and send the letters to the Administrator, to the
Mayor, to the Administrator of the City of Miami, also probably has a copy of
the letters and...
Mayor Suarez: I think all the sites that you had suggested were all
Department of Transportations...
Dr. Marrero: Well, we discussed already... no...
272 February 13, 1992
i
2
6
Mayor Suarez: ... which may not be a bad idea, but then it would require
going to them.
Dr. Marrero: We already discussed with DOT(Department of Transportation)
about those places and they gave the excuse that they give to us like the 14th
N.W. and LeJeune Road is because they're planning the expansion of 836 going
to the airport directly. That's why they don't want to do it now and have to
be removed, probably, five years from now.
Mr. Odio: The other choice they wanted was Watson Island Park.
Dr. Marrero: Watson Island Park was one of the corner, other sites. DOT also
says that they're planning to have, probably,...
Mayor Suarez: It happens to be an area of Watson Island which was within DOT
jurisdiction.
Mr. Odio: With DOT jurisdiction.
Dr. Marrero: Right.
Commissioner Plummer: Why would this not go in Jose Marti Park?
Dr. Marrero: Well, our thing is this, sir. We don't want to show to the
Cuban community how many deaths we already got, or we had. We want to show to
the world how many deaths we have. If we put this right inside of the Cuban
community or a Spanish community, in this case, or a Cuban community, we
already know how many people died to the Castro's regime. We want to show to
the world, so the world remembers what happen and what's been happening in
Cuba for so many years. That's why we we're requesting some site close to the
Bayside or close to the main entrance of the Port of Miami, where it's going
to be a facility where all the tourists, the people, the foreign persons that
comes to the country can read really what the meaning of this.
Mr. Odio: We could find a place. I have one question, doctor.?
Dr. Marrero: Si.
Mr. Odio: Is that of the Virgin Mary?
Dr. Marrero: Pardon?
Mr. Odio: He's asking me whether that's the statue of the Virgin Mary or...
Vice Mayor Alonso: No.
Mr. Jones: ... or some religious symbol?
Mr. Odio: ... or some religious symbol?
Dr. Marrero: No, that does not represent the virgin; it represents the hope.
That's why it doesn't have any...
Mr. Odio: It's a woman?
273 February 13, 1992
Dr. Marrero: It's a woman, right.
Mr. Odio: O.K. forget it, Quinn.
Dr. Marrero: It is a woman, right. It's not a virgin, it's just represents `
the hope for the people in the future, but doesn't really forgot about this.
Mayor Suarez: Alright. If it has no religious implication, it doesn't run
afoul of the...
Dr. Marrero: It's not a religious implication.
Mayor Suarez: ... first amendment. The main concern is that it not run
afoul of our need at some point to use the property or DOT's, or it did, that
it could be moved at that point. How much does that weigh, do you know? How
much would it weigh?
Dr. Marrero: The weight... well, the weight that we do not really at this
present time, how many pounds?
Mayor Suarez: O.K., but, I mean, would it be very difficult to move it, if
you absolutely have to?
Dr. Marrero: Pardon?
Mayor Suarez: Would it very to difficult to move it, it you absolutely to? I
don't think it would be impossible to move it, would it?
Vice Mayor Alonso: But, I don't think it's a good idea to put it in a place
that it will have to be removed later on.
Mayor Suarez: Well, he wants to have maximum exposure and maximum exposure
means very close to a principal highway in Watson Island, which may be...
Dr. Marrero: Well, Watson Island or Bayside or close to the main entrance of
the Port of Miami, also,...
Mayor Suarez: Right.
Dr. Marrero: ... that has a piece of land there that also belongs to the City
of Miami, possibly.
Mayor Suarez: O.K. Can we do a survey of all the properties, keeping in
mind, the trade-off between the permanence, that I'm sure he would like to
have pnd the visibility, and come up with the most desirable sight and
recommend it back to this Commission.
Dr. Marrero: I think...
Mayor Suarez: Dr. Marrero, all the other...
Mr. Odio: There's a little island...
274 February 13, 1992
Mayor Suarez: ... parameters of the monument that you're familiar with are
assumed here. The cost to the citizens of Miami is zero, and...
Dr. Marrero: Yes. We're going to cover...
Mayor Suarez: ... the maintenance is guaranteed in perpetuity by the
sponsoring organization so that it doesn't become an eyesore.
Dr. Marrero: Yes, sir.
Mayor Suarez: And obviously there's public access and all the other factors.
Commissioner Plummer: He wants the people to see it They aren't going to see
it out at the Island.
Dr. Marrero: As I said, we only request a piece of land and all the costs of
the construction will be covered by this committee.
Mayor Suarez: It's a beautiful rendering.
Dr. Marrero: And the City of Miami is a very lack [sic] City. It's a very,
really... do not have any type, this type of monuments. And this one, is
really going to be for, also, to give beauty to the City of Miami, too.
Mayor Suarez: Alright, sir. Thank you, doctor.
Dr. Marrero: Thank you.
Mayor Suarez: Will the person that he'll network with be Al Armada? He'll
tell you.
Mr. Gonzalez-Goenaga: Could I be heard?
Mayor Suarez: They're going to have to look at locations and recommendation
back to us. The Administration is going to have to work with them.
Commissioner De Yurre: O.K. but what's important also, is that we also look
at lands that may not belong to the City that we can get donated, that may be
in a prime location for this kind of monument.
Mr. Gonzalez-Goenaga: Could I be heard?
Mayor Suarez: It's not a substantial amount of land. Mr. Gonzalez Goenaga
this is a personal appearance. I don't think Dr. Marrero particularily needs
your intervention, sir, and we're not moving on it, otherwise, we're not
allocating anything, so, at that time, presumeably, it'll be a public hearing.
275 February 13, 1992
-----------------------------------------------------------------
55. RENAME OF GRAND AVENUE PARK AS: ESTHER MAE ARMBRISTER PARK.
Mayor Suarez: Item 38. Coconut Grove CAACED. Grand Avenue Park.
Vice Mayor Alonso: Of course, moved.
Mayor Suarez: Do we need to...
Commissioner Dawkins: So moved.
Mayor Suarez: So moved and second?
Vice Mayor Alonso: Second.
Commissioner Dawkins: Send it to the...
Mayor Suarez: ... Co -designation...
Commissioner Dawkins: ... yeah... Co -designation Board, and let them bring it
back with a recommendation. It has been moved and seconded.
Commissioner De Yurre: What for her?
Vice Mayor Alonso: Call the roll.
Commissioner Dawkins: Yeah, for that lady sitting overthere with a white...
yeah... don't let her get up, please. Move it.
(LAUGHTER)
Commissioner Plummer: Oh, no. You say anything, we're going to change our
minds.
Vice Mayor Alonso: That park is hers anyway. So, we don't have to worry.
Commissioner Dawkins: O.K.
Mayor Suarez: Alright. So moved and second? Any discussion?
276 February 13, 1992
The following resolution was introduced by Commissioner Dawkins, who
i moved its adoption:
RESOLUTION NO. 92-126
A RESOLUTION DESIGNATING "ESTHER MAE ARMBRISTER PARK"
AS THE NEW OFFICIAL NAME OF THE CITY -OWNED PARK
PROPERTY LOCATED AT 236 GRAND AVENUE, MIAMI, FLORIDA,
HERETOFORE KNOWN AS "GRAND AVENUE PARK".
(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.
COMMENTS MADE DURING THE ROLL:
Commissioner Plummer: Is that a memorial? I vote yes.
56. GRANT REQUEST BY COCONUT GROVE BICYCLE CLUB, INC. FOR CLOSURE OF
DESIGNATED STREETS FOR ITS UPCOMING RACE.
------------------------------------------------------------------------------
Mayor Suarez: Yes. Item 39 - Coconut Grove Bicycle Club. Are they here?
Mr. Joe Avalos: Yes.
Mayor Suarez: Street closures and waiver Coconut Grove's special events
district requirements.
Mr. Odio: We recommend that.
Mayor Suarez: You recommend it?
Mr. Odio: Yes, sir.
Commissioner Plummer: Wait, wait. And waiver of what?
Mayor Suarez: Of the...
277 February 13, 1992
Commissioner Plummer: ... the fee?
Mayor Suarez: ... special, sir?
Mr. Odio: No, recommend the street closures.
Mayor Suarez: Street closures. I'll entertain a motion on the street
closures.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion?
Commissioner Plummer: What day of the week is it?
Mr. Avalos: Sunday.
Commissioner Dawkins: March 29th.
Commissioner Plummer: Or what day of...
Mr. Avalos: March 29th, Sunday.
Commissioner Plummer: A Sunday. What are the hours?
Mr. Avalos: From probably about nine to four.
Mayor Suarez: Call the roll before he asks any other questions.
278 February 13, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-127
A RESOLUTION RELATED TO THE GREAT COCONUT GROVE
BICYCLE RACE TO BE CONDUCTED BY THE COCONUT GROVE
BICYCLE CLUB, INC. IN CONJUNCTION WITH THE MIAMI
WHEELERS BICYCLE CLUB, INC. ON SUNDAY, MARCH 29, 1992;
AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE
AND INSPECTION SERVICES; WAIVING THE REQUIREMENT OF
ORDINANCE NO. 10764 PURSUANT TO WHICH THE ORGANIZERS
OF SAID EVENT MUST SUBMIT THE SPECIAL EVENTS
APPLICATION TO THE CITY AT LEAST ONE HUNDRED TWENTY
(120) DAYS PRIOR TO THE DATE OF SAID EVENT; FURTHER
CONDITIONING ALL APPROVALS AND AUTHORIZATIONS GRANTED
HEREIN UPON THE ORGANIZERS PAYING FOR ALL THE
NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID
EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, 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
Mayor Suarez: Yes. O.K...
Mr. Avalos: Thank you.
Mayor Suarez: As to any waivers, or you want to just forget about that?
Commissioner Plummer: Don't ask.
Mr. Odio: No, they were grandfathered in, anyway. They were grandfathered
in...
Mayor Suarez: They were grandfathered in.
Mr. Odio: ... In the ordinance, yes.
279 February 13, 1992
Commissioner Plummer: They were?
Mayor Suarez: O.K.
Mr. Odio: Yes.
Mayor Suarez: We don't need any action from the Commission on that? Thank
you, God bless you. Item 40 - Ramiro Ortiz, Chairman of Sports Council of
Greater Miami Chamber of Commerce.
Mr. Odio: He withdrew, Mr. Mayor.
Mayor Suarez: Item withdrawn. Item 41 - Paul Arcasa of Keep Dade Beautiful.
Don't see him.
------------------------------------------------------------------------------
57. INSTRUCT MANAGER TO PLACE UNUSED (1991) LOAN MONIES FROM THE PUERTO
RICAN CULTURAL FOUNDATION, INC. ($4,500) IN RESERVE TO COVER CITY
SERVICES FOR THEIR 1992 EVENT.
Mayor Suarez: Item 42. Luis de la Rosa - the Puerto Rican Cultural
Foundation, Inc. I saw him before. There he is.
Commissioner De Yurre: He's not here. He's not here either.
Commissioner Dawkins: Not here. That means we... Mr. Mayor and fellow
Commissioners. We gave them a grant of $45,000 to do the Puerto Rican
Festival, forty five hundred. So now, they have the forty five hundred back.
I would like to move that the forty five hundred be put in reserve, so that
they do not have to come back here. They're going to do this next year. That
they don't have to come back here to us. They got the forty five hundred
dollar start-up fee and we let it go at that and I so move.
Commissioner Plummer: Be held by the City.
Commissioner Dawkins: Yeah. And they just come and...
Commissioner Plummer: That's fine.
Commissioner Dawkins: Oh yeah, that they come and get it...
Mr. Luis de la Rosa: If the City Police, Miami City Police and Fire
Department...
Commissioner Dawkins: ... as they need it. So moved.
Mayor Suarez: So moved. Second?
Commissioner Plummer: Yes.
Mayor Suarez: Any discussion? If not, please call the roll.
280 February 13, 1992
5d
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-128
A MOTION INSTRUCTING THE CITY MANAGER TO PLACE $4,500
(UNUSED LOAN MONIES FROM THE PUERTO RICAN CULTURAL
FOUNDATION, INC.) IN RESERVE IN THE EVENT SAID
ORGANIZER PROPOSES TO UTILIZE THESE MONIES TO COVER
CITY SERVICES FOR THE 1992 EVENT.
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.
NOES: Mayor Xavier L. Suarez.
ABSENT: Vice Mayor Miriam Alonso
Commissioner Dawkins: Move 44.
Mayor Suarez: I'm voting no on that. I love your festival and I would help
you in other respects.
---------------------------------------------------------- --------------------
58. ACCEPT DONATION TO THE CITY OF 200 LITTER CONTAINERS FROM KEEP DADE
BEAUTIFUL.
Mayor Suarez: I'm sorry we have 41. We skipped over you very quickly,
possibly, because you weren't ready.
Commissioner Plummer: They weren't...
Mayor Suarez: Paul, quickly now, since you're here.
Mr. Paul Alcazar: Nature called.
Mayor Suarez: Keep Dade Beautiful. Donation of two hundred litter containers
to the City in connection with their 1992 adopted -a -can campaign. I'll
entertain a motion to accept...
Commissioner Dawkins: So moved.
Mayor Suarez: ... the containers.
Commissioner Plummer: Second.
281
February 13, 1992
Mr. Paul Alcazar: Want a brief explanation of what...
Mayor Suarez: Brief explanation, he says, as a good engineer.
Mr. Alcazar: ... is involved? I reside in Dade County at 220 N.W. 136th
Avenue...
Commissioner Plummer: Our condolences...
Mr. Alcazar: I'm a private businessman of this community. I am here
representing Keep Dade Beautiful of which I serve this year as Vice Chairman.
In an effort to get away from public funding completely, we are instituting a
number of programs in 1992 to raise revenue for our organization from private
funding, and this particular program has been working in the City of Austin
Texas for quite a while, and it's just this simple. We ask private
j individuals and corporations...
Commissioner Plummer: She did nothing.
Mr. Alcazar: ... for donations to sponsor litter containers. That's why we
call it adopt -a -can. The litter containers can be...
Mayor Suarez: Will you take a special consideration, Paul, at the concept...
Commissioner Plummer: They're going up for a totally new concept. You know,
I showed you.
Mayor Suarez: ... related to the great sport of basketball that was tried in
the City of Baltimore? - and maybe talk to the Miami Heat about sponsoring
some of them and doing it in a way that people have this sort of intuition or
this instinct rather, of dropping...
Commissioner Plummer: I haven't seen it. They met yesterday. They met
yesterday, I was not there. I'll get it in the mail.
Mayor Suarez: ... these things into the basket, painting them to look like
baskets, or whatever. It worked very well in the City of Baltimore and
there's no reason why it can't work here.
Mr. Alcazar: That's a good idea. We may have...
Mayor Suarez: And the Miami Heat may want to sponsor it and use their themes,
etc., etc., and maybe it will also help us to do other good things with the
Miami Heat.
Mr. Alcazar: ...
to deal with a smaller diameter. But,... Sounds like
a good
idea, and we'd be
willing to try that. Let me just
mention that on the
private side, the
Latin Builders.
Commissioner Plummer: Only three up here.
Mr. Alcazar: ...
we have organizations that diverses the Miami Herald
on the
one side, helping
us promote the sale and donations of
these cans and
on the
other side,...
282
February 13,
1992
a
Mayor Suarez: That's not a good idea to mention here all the time. We'll
stick to the Miami Heat, the Miami Dolphins, the Miami a lot of other things.
Mr. Alcazar: Well, I was just about to say that when the Miami Herald the
Latin Builders Association can get together on the same project...
Mayor Suarez: That's interesting.
Mr. Alcazar: ... we feel encouraged and you should too.
Commissioner Plummer: So, the Herald creates the litter, so I guess that's
why we... (LAUGHTER)
Mr. Alcazar: We're asking you to accept up to two hundred of the litter
containers, and...
Mayor Suarez: You know, if you put the likeness of Joe Tanfoni on some of
those containers people might be inclined to throw stuff at it, instead of
throwing it in other places.
Mr. Alcazar: We can put his name on it. In fact that's the idea.
Mayor Suarez: And if had Goldfarb. Where is Goldfarb? Had his likeness on
it.
Vice Mayor Alonso: That one is better.
}' Mayor Suarez: That would... there he is.
Vice Mayor Alonso: That's my favorite.
Mayor Suarez: Put his mug on those things and everybody would want to throw
stuff in that container.
Mr. Alcazar: We a... 1 don't know if they could do pictures, but we...
Vice Mayor Alonso: I would make an effort to collect around...
Mr. Alcazar: ... can certainly get their names involved.
Mayor Suarez: And David Lawrence? - and you know, a few other other people.
Commissioner Plummer: Boy, you guys just love editorials, don't you?
Mayor Suarez: What...
Commissioner Plummer: Here comes another one.
Mayor Suarez: ... do you need from us, if anything?
Mr. Alcazar: No, basically...
Mayor Suarez: Nothing. She's saying nothing back there.
283 February 13, 1992
Mr. Alcazar: Just about everybody... No, I do need something from you. I
believe your City can take over the years, perhaps, as many as four or five
thousand of these cans, and these are preliminary studies we have done. We're
proposing to start off with two hundred because we think we can meet the
commitment to you. You need to make a commitment to us and to the community,
which is this simple. We give you the cans but somebody has to service the
cans. If not, the cans become a huge burden to the City.
Mayor Suarez: Mr. Manager, do you see any problem in that?
Mr. Odio: Yes.
Mayor Suarez: It seems like it would help us to clean up many areas of the
City to have...
Mr. Odio: Yeah, but believe it or not, those cans... if they're not the
proper containers that we use...
Mayor Suarez: Let's not go through another...
Mr. Odio: No, I don't want to go through that. But, if there's something
that people...
Mayor Suarez: ... you know, number of years to select a container situation,
here.
Mr. Odio: If there's something that people can't...
Commissioner Plummer: Use them for special events.
Mr. Odio: If people can pickup and throw them...
Commissioner Plummer: Use them for special events. That's the name of the
game.
Mr. Odio: Special events, yes.
Mr. Alcazar: I can explain that. We have spent about nine months going
through the selection process. I have spent most of that time myself, and I
deal with more high technology items than litter containers in my career. We
think you can handle the cans. By the way, we have worked with your Solid
Waste Department people for nine months, now. It's amazing it's taken us this
long. But, we're here and we want to price the issue. We want you to accept
these cans and it'll have the City of Miami names on them. It'll have our
logo on them and it'll have the name of the donating institution.
Commissioner Dawkins: I move we accept the two hundred, but we do not accept
any more until he comes back and we can tell him how pleased with them or how
displeased we are with them.
Mr. Alcazar: I'll buy that.
Mayor Suarez: Alright. Let's go over two hundred. Moved. Second?
284 February 13, 1992
Vice Mayor Alonso: Second.
Commissioner Plummer: Twice, three times.
Vice Mayor Alonso: Any discussion? If not, please call the roll real quick,
before anybody thinks of any questions.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-129
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
WITH GRATITUDE AND APPRECIATION THE DONATION BY THE
KEEP DADE BEAUTIFUL ORGANIZATION OF 200 LITTER
CONTAINERS AS PART OF KEEP DADE BEAUTIFUL'S ADOPT -A -
CAN PROGRAM.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Alcazar: Thank you very much. There's a $62,000 acceptance, by the way,
so it is worth that much...
Vice Mayor Alonso: Wonderful, great.
Mr. Alcazar: ... as far as hardware is concerned.
Mayor Suarez: And don't forget that other idea. It really worked very well
in a City that God knows needed a lot more help than Miami.
Mr. Alcazar: Thank you very much.
285 February 13, 1992
r�
r]
59. DIRECT ADMINISTRATION TO INSTITUTE NECESSARY CONTROLS CONCERNING
GRAFFITI DIRECT THAT FURTHER CONSIDERATION BE SCHEDULED FOR FIRST
MEETING IN MARCH.
Commissioner Dawkins: I move we skip over 43 and go to 44.
Mayor Suarez: Lets skip Frank Cobo and go right on to 44. (LAUGHTER) Oh,
he's here. There lie is at the mike.
Mr. Frank Cobo: A point of personal privilege. Honorable Mr. Mayor,
Honorable Vice Mayor, Honorable members of the Commission, Mr. City Manager.
Mayor Suarez: You're starting slow already, Frank.
Mr. Cobo: I'll go very quickly now.
Mayor Suarez: Thank you.
Mr. Cobo: Some four years ago, the Miami Board of Realtors took on its
responsibility of passing a Graffiti Committee, which we had chaired by Jean
Simon, who's here this evening. Gene, would you quickly stand? - whose other
half, Herb Simon, served as President of the Miami Board. This committee
started meeting on a monthly basis. We have moved so quickly that the County
Commission has passed an ordinance regarding this Graffiti Ordinance, as well
as the City of Miami Springs. As the new chairman, I have taken it upon
myself to appear before all the cities in Dade County to have a similar
ordinance of the County passed. I want you to know that your Police
Department has been very cooperative and has been a great assistance to us.
The crime prevention program... Joe Wilkins is here today and I think he's
passing out the letter from the Crime Prevention Bureau approving and
endorsing our Graffiti Ordinance.
Mayor Suarez: Can you get him, since he's... there we go. Can you get him to
smile a little bit? He's got that look...
Mr. Cobo: There he is.
Mayor Suarez: ... like the end of the world is coming. Alright.
Mr. Cobo: The Miami Homeowners Coalition have endorsed the Graffiti
Ordinance...
Commissioner Plummer: Has everybody had the chance to read it?
Mr. Cobo:...and the Graffiti prevention program.
Vice Mayor Alonso: I have some concerns about this.
Mr. Cobo: We're indebted to Commissioner Plummer, who during his campaign
made a commitment that he would try very hard to see to it that the City would
possibly endorse this Graffiti Ordinance and...
286 February 13, 1992
Mayor Suarez: You just got his vote and he's just been mumbling...
Mr. Cobo: ... Commissioner De Yurre...
Mayor Suarez:...under his breath that he didn't know anything about this and
he was going to vote against it. But, you just got his vote.
Mr. Cobo: O.K. I really would appreciate your endorsement so that we can
move forward. Since this is something that's not an ordnance right now, if
somehow, we can have an emergency, Mr. Mayor, presented today, so that we can
move forward to a second reading at your next meeting? Is that possible?
Commissioner Plummer: I'll be happy to offer it, as I promised that I would,
if no one here has any objections, and then we can have a public hearing on
the second hearing.
Mr. Cabo: Thank you.
Vice Mayor Alonso: Second.
Mayor Suarez: Yeah. We could do it then as an emergency which would mean
that...
Mr. Cobo: Exactly.
Mayor Suarez: ... two readings that day...
Vice Mayor Alonso: Yes.
Mr. Cobo: Appreciate it.
Vice Mayor Alonso: Second.
Commissioner Dawkins: The only thing I need cleared for me is, if the
homeowner clears the Graffiti and it keeps reappearing every other day, I
don't know how you're going to expect that homeowner to keep removing that
Graffiti. Number two, you'll have to explain to me at the next meeting, and I
don't need this now...
Mr. Cobo: O.K. I've got an answer, Commissioner.
Commissioner Dawkins: ... and at the meeting tell me what you're going to do
about vacant properties...
Mr. Cobo: Yes, sir.
Commissioner Dawkins: ... where there are no owners and there's Graffiti put
on it. Tell me that at the next meeting.
Mr. Cobo: I sure will.
Commissioner Dawkins: O.K. Thank you.
287 February 13, 1992
Mr. Cobo: Thank you very much.
Mayor Suarez: Thank you.
Vice Mayor Alonso: Yeah, same concerns.
Mayor Suarez: Alright. Do we have a motion on that?
Commissioner Plummer: I move it.
Mayor Suarez: So moved and second?
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not,...
Vice Mayor Alonso: And of course, we will just discuss our concerns in
between and at the time of the next hearing.
Mr. Cobo: Yes, Madam Vice Mayor.
Mayor Suarez: Very good. Call the roll.
Commissioner Plummer: But, Mr. Mayor, can we schedule it for a date certain,
March the 12th?
Mr. Odio: Fine.
Mayor Suarez: March 12th, fine. First meeting in March. Alright. Call the
roil.
Mr. Cobo: Thank you very much.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-130
A MOTION DIRECTING THE ADMINISTRATION TO DRAFT AN
EMERGENCY ORDINANCE IN ORDER TO IMPLEMENT CONTROLLING
LEGISLATION IN CONNECTION WITH ANTI -GRAFFITI; FURTHER
DIRECTING THE CITY MANAGER TO SCHEDULE FURTHER
DISCUSSION OF THIS ISSUE AT THE COMMISSION MEETING OF
MARCH 12, 1992.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
288 February 13, 1992
, t.
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: Yes. Thank you Frank and Joe and Duke and everybody.
------------------------------------------------------------------------------
60. PERSONAL APPEARANCE: RICHARD WEISS, ESQ., COUNSEL FOR SAC CONSTRUCTION
COMPANY, INC. CONCERNING PRIOR AWARD BY THE CITY OF MIAMI COMMISSION OF
THE ASBESTOS ABATEMENT BID FOR THE ORANGE BOWL IN LIEU OF RECENT
DECISION BY THE DADE COUNTY BOARD OF RULES AND APPEALS - ADMINISTRATION
TO VERIFY ALLEGATION AND SCHEDULE THIS ISSUE FOR DISCUSSION AT THE
MEETING OF FEBRUARY, 18, 1992.
------------------------------------------------------------------------------
Mayor Suarez: I have been requested by the City Attorney to introduce into
the record and paraphrase in the process, a letter received with the date of
February 13, 1992. Attorney Richard J. Weiss, with Weiss, Serota, and
Helfman, P.A., where the basic thrust of the letter is that the... you want to
state what it is, Mr. Weiss? Simplify it for me and then not read the whole
thing and we will introduce into the record your letter for whatever purposes
you need to do that.
Richard J. Weiss, Esq.: Very, very briefly. If you remember, I stood over
there, with a whole bunch of paraphernalia, and we had a long discussion about
the asbestos abatement at the Orange Bowl. At that time, I told you that I
did not feel that the company that you awarded the bid to had the proper
licenses. There was a long discussion about the fact that the County had
jurisdiction over these things and if the County ruled that they didn't have
the proper licenses, that you would deal with that then. Well, my client
filed a request with the Dade County Rules of Appeals who deals with these
issues and has jurisdiction and it went... I've had sort of a busy day. We
went to the County today, and the Dade County Board of Rules and Appeals ruled
that in order to do the work at the Orange Bowl, at the Orange Bowl... I
showed them all the pictures, I didn't have the big model... at the Orange
Bowl, and there was not even any big debate about it because it was so clear
to them. They said that there is no question that a general contractor must
do this work or a demolition contractor. And I have... what that letter says
is what I've just told you. The purpose of my being here today is... and
this... I transmitted this information to the City Attorney and the City
Manager. My clients were at the County when this information, just like that,
was transmitted to Alan Poms of the City staff, and stood there while Alan
Poms was given this information. I don't know whether there's any... whether
that information has gotten to the Manager. I believe that the County Board
has determined... I know that the County Board has determined that the person
that you've hired does not have the proper licenses. And I believe as a
289 February 13, 1992
matter of law, therefore, assuming that that's true, that your City Attorney
will advise you that their bid was null and void. That the contract that you
entered into was null and void and if you're going to have to litigate over
this matter, you're better off to litigate on the side of someone who has the
County's agency making this determination and the purpose for my being here
today is to request... Oh, the other thing I wanted to tell you, is that you
awarded this contract five weeks ago, you're all in a big rush, no work has
started by this contractor. The contractor has not even finished going
_ through the process. I will tell you that if my client, again, I would ask
you to rescind your action awarding that contract. You can ask your City
Attorney for his advice on this, not on the issue of what the board did, but
on where he thinks you would be best off, legally. I ask you to rescind your
prior action on this and award the contract to my client. I told you, I
suggested to you so strongly that the person you hired didn't have the
license. You're staff said no, no, an asbestos abatement contractor can do
this work. The Dade County Board Rules and Appeals ruled today, as a matter
of State law and under the County Code, that they cannot do the work. And I
ask you to rescind this contract... I understand that you're staff may need to
verify this, but in order to get this work going, I would suggest that subject
to verification of that staff, that you award the contract to my client and
rescind the other client.
Mayor Suarez: Okay. We're not in a position I don't think to do that today
but, even if we were inclined to do that, but we are certainly in a position
of asking the City Attorney and/or City Manager if they deem it proper, at
this point to put into the record any statement whatsoever, if not we're going
on to the next item.
Mr. Jones: Mr. Mayor just briefly let me say this. In terms of the letter
that Mr. Weiss forwarded to me, I don't doubt the veracity of it, one way or
the other. However, before you take an action, and given the fact that you do
have a meeting scheduled for Tuesday, I would like to see for myself and be
able to analyze the order that's been issued by, if in fact it was issued, by
the Dade County Board of Rules and Appeals. Then any action that should be
governed as a result of the decision to which Mr. Weiss refers, I will advise
you to take the appropriate action and if that means rescinding the award,
that's what will have to be done.
Mr. Weiss: One further comment, Mr. Mayor.
s Commissioner De Yurre: Let me ask something. What is the status, at this
point in time, with the company that got the award?
Mr. Odio: They have been doing all the planning stage, the contact, the
planning stage where they are going to... when they remove where are they
going to place it and they've been ready to go actually, physically into the
Bowl by next week.
Mr. Weiss: Has the contract been signed, Mr. Manager? Yes or no, please?
Mr. Wally Lee: Not at this time, we're in the process.
Commissioner Plummer: Well, are we going to say to the Manager don't sign the
contract until we have a determination?
290 February 13, 1992
i
0
Mr. Odio: You don't have to say that. I... you don't have to say that.
Mr. Weiss: I would request that you instruct the Manager to make sure this
contract doesn't start work, in an unsafe, unlicensed condition, until we
resolve this matter on Tuesday. And I asked somebody to please...
Mr. Odio: Those are, those are his statements. So...
Commissioner De Yurre: Well, we're aware of the situation, right guys?
Mr. Weiss: Can I, we have this put on the agenda for Tuesday, please?
Commissioner De Yurre: How may things do you want? You asked for two things,
another one...
Mr. Weiss: I want this to be done properly and by a licensed contractor.
Commissioner De Yurre: Here, take Miller with you.
Mayor Suarez: As a special item, we will advise the Commission that you
intend to make another personal appearance and plea related thereto on
Tuesday. How's that?
Mr. Weiss: Can you take action on this contract at that time?
Mayor Suarez: I have no idea.
Mr. Weiss: If you want to.
Commissioner Dawkins: Whatever the recommendation...
Mayor Suarez: I have to idea if we could, even if we were inclined to, and I
don't think it's fair to ask us to answer that right now.
Commissioner Plummer: Well the only fear that I have, Mr. Mayor, is that the
other company would run in now and start their job...
Mayor Suarez: I would strongly recommend that if you're going to be allowed
to address this matter again on Tuesday, the other company be present with
their lawyers. I'm not going to change my mind, if you want to ask me, you
know, and I don't know if you want a reading from this Commission, right now.
Commissioner Plummer: Well, I'm not... Okay, my area of concern, if in fact
the City Attorney rules it was... what Mr. Weiss has said is correct, I would
hate to see the other company go there tomorrow and start the work to have a
vested interest.
Vice Mayor Alonso: We have not signed the contract.
Commissioner Dawkins: The contract isn't signed, yet.
!; Commissioner Plummer: Well, he tells me they're already doing planning, which
means they're spending money, already.
291 February 13, 1992
Mayor Suarez: You might, in an abundance of caution, wait until next Tuesday
so you can make complete presentation.
Mr. Weiss: Thank you, sir.
Mayor Suarez: We're not promising anything. That only internal among us.
Mr. Weiss: No, no. You promise me that I can speak...
Mayor Suarez: Yes, sir.
Mr. Weiss: Thank you.
Vice Mayor Alonso: He may a...
Mr. Odio: Mr. Mayor, just as...
Vice Mayor Alonso: ... a brilliant presentation and I guess he was right...
Mayor Suarez: If you make a third brilliant presentation, who knows...
Mr. Odio: Just a note, I got a...
Mayor Suarez: Today was pretty good because you weren't even on the Agenda.
That's pretty brilliant right there.
Mr. Odio: The Agenda already went out so it would have to be...
Mayor Suarez: Yes, it's a specially set matter.
------------------------------------------------------------------------------
61. DIRECT CITY ATTORNEY TO INTERVENE ON BEHALF OF THE CITY OF MIAMI IN
LITIGATION INVOLVING THE UNITED STATES OF AMERICA'S GRANT OF THE NAVAL
RESERVE PROPERTY TO THE MIAMI COALITION FOR THE HOMELESS -- AUTHORIZE
EXPENDITURE NOT TO EXCEED $10,000.
------------------------------------------------------------------------------
Mayor Suarez: Item 44. Some people might say, finally. Yaromir Steiner.
Mr. Yaromir Steiner: Mayor, Vice Mayor, Commissioners. I'm Yaromir Steiner,
residing at 2901 South Bayshore Drive. I'm here today, personally. I don't
represent Cocowalk nor any of the corporations of which I'm an officer. I'm
here to ask the City Commission to direct, to decide that the City join as...
in a lawsuit, we have filed against the federal... I have filed against the
federal government, with other residents of Coconut Grove, homeowners
associations, whose presidents are here, Coconut Grove Chamber of Commerce,
and other charitable organizations. This has been a very difficult subject
because very often it has been portrayed as a dispute between the rich and the
poor, neighborhoods against neighborhoods, homeowners against the homeless,
big business against charitable entities. Mayor, Commissioners, this is not
what our lawsuit is about. The issue is not homeless. The issue is not the
292 February 13, 1992
Miami Coalition for the Homeless. The issue is not the program that the Miami
Coalition is proposing. The issue is the federal government bullying its
citizens without considering any of the impacts of their decisions on our
social, economic, and physical environments. That is the issue. What is at
stake, is a demagogic Congress who in order to appear effective and
compassionate, passes laws which are in violation of its own statutes of the
federal government, in violation of their statutes for the protection of the
environment, in violation of their own rule -making processes. What is at
stake, is a federal bureaucracy who does not even follow their own rules when
implementing their regulations. What is at stake is a federal bureaucracy who
is in contempt of the citizens' rights to information, in clear violation of
the Freedom of Information Act. What is at stake, is federal government, who
feels above our local government, about you, about our land use laws, and our
comprehensive plan. What is at stake, is the ineptness of our federal
government, who will give away a property worth several million dollars, and
will not consider selling it for much more than what its use could be for the
same organizations. We are not fighting the Miami Coalition for the Homeless.
What we are fighting is the federal government, who treat us like subjects,
refuses to disseminate information, listen to our opinions. We are not
fighting the program proposed by the Coalition. We are fighting the
government's refusal to consider the impact on our neighborhoods and the
possible mitigation measures. We are not fighting the homeless. We are
fighting an obscure bureaucrat in the Department of Health and Human Services,
who could, as well, put forty people in a dormitory, or five hundred people in
a shelter, or a thousand people in a soup kitchen, with less oversight than it
would take to put a fifty square foot sign in downtown Coconut Grove. Do you
realize that the federal government could have allowed, instead of Coalition,
an organization called Recovery Works? - who is from New Orleans, who does not
have legal standing with the Secretary of State, who lied blatantly in their
application to the federal government, who blackmailed the City of Miami in
writing, asking for over a million dollars in order to withdraw their
application, and who lacks license, most of the licenses they claim they have
in their application. We cannot allow the federal government not to deal with
its citizens and elected representatives. After all, this is our City, this
is our tax dollars, this is our tax base. We cannot allow the federal
government to advocate to the federal government the right to decide of our
lives in Coconut Grove, or in Little Havana, or in Overtown, or downtown.
Whether it is the homeless organizations, or Ransom Everglades School, it
doesn't make any difference. They have to go through the process. They have
to inform. They have to accept public scrutiny. They have to mitigate the
problems they cause in our neighborhoods. This new law was hastily drafted,
and I'm saying that, based on the opinion of counsel, sloppily implemented and
not yet seriously challenged. We are bringing this challenge. So, I am
asking, here, the City of Miami to join us in this lawsuit, to take a leading
position in this country, to stop defending the local governments and the
citizens, against the intrusion of the federal government and their
bureaucracy in our daily lives. Last time you asked me, you said, what will
it cost to get involved? The issue is not what it will cost to get involved,
what will it cost not to get involved? We asked someone to prepare for us an
analysis of the property values in the area. Between 27th Avenue and 22nd
Avenue, Lincoln Road on the north and Bayshore Drive, there's about one
hundred seventy million dollar of properties. This does not include yacht
Harbor, Grove Towers, Mayfair, any of those properties. The property taxes
coming to the City of this, is about two million dollars. How can we not be
interested in the impact such a development could have on our tax bases?
293 February 13, 1992
0 40
Commissioner De Yurre: Yaromir, what do you need from us?
Mr. Steiner: I need from you two resolutions. One resolution directing the
City Attorney to study our complaints and if appropriate, join in the lawsuit.
Number two, I am asking you to ask our lobbyists to the federal government, to
lobby our representatives in order to modify and amend the McKinney Act to
give more flexibility in the use of federal properties. If today, that
property could be sold for eight million dollars, that would be much more
valuable to the homeless than giving them that property which has no value to
them.
Commissioner De Yurre: O.K. To the administration, Mr. Odio, what inroads
have we made, if any, towards changing the legislation on this issue up in
Washington?
Mr. Odio: Bob Fitzsimmons has been working on that. He has... there are some
people going up to Washington next week to follow-up with Congressman Fascell
to make sure it goes through committees.
Commissioner De Yurre: What about our lobbyists? Are they working on this
issue?
Mr. Odio: Yes, Sylvester Lucas has been working on this from the very
beginning.
Commissioner De Yurre: O.K. I think, what's important is that you maintain
the group in contact, as far as what is being done because obviously, maybe
they weren't aware that we were doing that already.
Mr. Odio: Well, I've been talking to Carter McDowell every day, I think, for
the last two weeks and we're trying to get... we're going to Washington,
Commissioner Dawkins and I, are going to Washington on Tuesday and part of,
one of the stops is...
Commissioner De Yurre: You're not going to be here for the Commission
meeting?
Mr. Odio: I hope not.
Commissioner Dawkins: Planes fly after the Commission meeting.
Mr. Odio: No, I'm going to leave right after the regular items.
Commissioner De Yurre: The plane, the plane. So that takes care of one of
the items.
Mr. Odio: Well, we have a promise that in Washington, that the bill will be
put through committees and that it will go through.
Commissioner De Yurre: O.K. So, we're using our best efforts...
Mr. Odio: Absolutely.
294 February 13, 1992
i
Commissioner De Yurre: ... to deal with this, with this issue. Now, the
other one is... the other request is from our City Attorney's Office to review
the litigation that has just started here and to see if we're in a position to
join. I have been talking to a number of constituents and I, personally, have
no problem joining. I think that it's our duty to join since we represent
this community, it is part of our community, with the understanding that it's
not going to cost us any money. And, I don't know if that is what we're
looking at...
Mr. Steiner: The present plaintiffs will cover the cost of the lawsuits.
Commissioner De Yurre: ... that it will cost, or we will be reimbursed for
whatever input we have. If we have to designate one attorney to deal with the
issue, whatever hours are put in, that we get reimbursed for that.
Mr. Steiner: I mean, you mean the cost of the City Attorneys? Well, I felt
that we pay enough property taxes, but maybe...
Commissioner De Yurre: Well, that was my understanding...
Mr. Steiner: ... a little bit more.
Commissioner De Yurre: ... that was my understanding.
Mr. Steiner: I mean, we feel that really, we... the cost of this lawsuits...
Commissioner Plummer: Victor, I'm also concerned about what you brought up
the last time, and I'm fully in favor of this, especially if it costs us
nothing. What happens, or what is the down side if, in fact, they lose and in
fact, the court awards the other side cost factors?
Commissioner De Yurre: Well, we're suppose to be... my understanding was that
we were to be made whole, whatever, the situation was.
Commissioner Plummer: O.K., well that's the other side of the coin, and that
would have to be made understood, Mr. City Attorney.
Mr. Jones: Well, absolutely. The cost factor, if in fact, we were
unsuccessful... the way the rules work, basically, we would... they would be
entitled to costs. Not necessarily attorney's fees because there's no real
statutory provisions like 1983 or 1988 that will allow for assessment of
attorney's fees. But, I can't sit and tell you, if in fact, we do not
prevail, how much we'd be talking about in terms of cost, if that is a factor.
Commissioner Plummer: Well, can we be held harmless? The City? If they can?
Mr. Jones: If they're willing to enter into a hold harmless agreement.
Commissioner De Yurre: We'll take a mortgage in Cocowalk.
Mr. Steiner: Well, the present plaintiff...
Commissioner Plummer: My understanding is that you would be willing to hold
the City harmless, if in fact, we were to join. Is that correct?
295 February 13, 1992
Mr. Steiner: Yes, the present plaintiffs will cover the court costs, but we
don't feel that it's appropriate for us to cover the City Attorney's costs
involved in a lawsuit. This group is paying property taxes, and we are trying
to defend the City's rights to control land use in this community, and we feel
that it's double taxation.
Commissioner Plummer: Is there any estimate from the City Attorney, what that
cost could be even though we're in-house?
Mr. Jones: Well, we've reviewed the complaint, yesterday, whatever. And of
course, the complaint has several causes of action. And presumably, standing
is still one issue, that may very well have to be dealt with at the outset
that would dictate how the rest of the lawsuit may go. In any event, I can't
sit here... I really, can't even begin to tell you what the estimate of cost
could be dealing with this. Perhaps, Mr. McDowell can shed some light on
this?
Mr. Carter Mc Dowell: I don't know that I can specifically...
Mayor Suarez: Wait, wait, wait. Commissioner Dawkins?
Commissioner Dawkins: Is anyone here, who's suppose to... that's going to
receive this property?
Mr. Odio: Claudia Kitchen... Is she here?
Mr. Duke Mc Bride: Claudia Kitchen, from the Coalition for the Homeless, was
here earlier and had to leave for another appointment.
Commissioner Plummer: Did I understand they've already taken possession?
Mr. Steiner: No. That's not correct.
Mr. Mc Bride: HRS(Health and Rehabilitative) has been given custody of... HHS
(Health and Human Services) has been given custody of the property pending the
execution of the lease between the Coalition and HHS.
Commissioner Dawkins: Well, I have a serious problem with their refusal to
accept the land rather than leasing the land. And I'm in favor of going, and
I'm sorry that they're not here, and they do not want to lease the land
because we have no control, at all, in what can or cannot be done.
Commissioner Plummer: Just the other way around.
Commissioner Dawkins: But in the event that they own the property and it's
given to them, then they have to abide by zoning laws and regulations. Now,
I'm sorry again, that they're not here, but it would be in my opinion, that if
you've got something to hide, then you would take the lesser form of
responsibility, which is the leasing, and you would... because you're not
interested in being good neighbors and working cooperatively with the
neighbors. Now, it's no doubt in anybody's mind in here, that when the
Camillus House first moved where they moved, there were thriving businesses
around there. But, because there was no local laws to govern it, the
296 February 13, 1992
# 40
businesses went out. And if there's no way to control what goes on over
there, the same thing is going to happen. Now, I am going to Washington
(APPLAUSE)), and I'm going to suggest to the federal government, that they
give the land to whoever want it, and don't lease it to nobody. Therefore, if
the group in Miami do not want to take ownership of it, they don't deserve it.
(APPLAUSE) They should not be allowed to hold us hostage in the City of Miami
with a threat that we're going to lease it, and we don't have to abide by your
laws and regulations, because we can lease it and don't' have to do it.
Either the group in Louisiana, if they want to own it outright and be subject
to our laws, zoning laws and regulations, then they deserve it. If the ones
here in the City of Miami want to accept, and I don't have no way of knowing
that the government will do this, but that will be my recommendations.
Mr. Odio: Wait, Commissioner. In the letter that the Navy sent to HHS, they
clearly state that they want, whoever takes over the property, to own.
Ms. Dagmar Pelzer: May I respond?
Mayor Suarez: O.K... anything... Yes, I presume that your presentation is
basically complete and you are, presumably, on the opposing side.
Ms. Pelzer: I just want to respond to the lease versus the purchase. I'm
Dagmar Pelzer. I'm a member of the Board of the Miami Coalition for the
Homeless. When the issue first came up, and it appeared in the Federal
Register, should we purchase, should we promote purchase or lease? - there
were many of board members who wanted to purchase. I maintain, we are in the
business of going out of business. This should not be, we should not need the
property any longer. We had lengthy discussion over that, and that's why it
was decided that the Coalition should not purchase it, not to avoid any kind
of zoning laws, but because we don't want homelessness to be there forever and
we're in the business of going out of business.
Commissioner Dawkins: But you're not purchasing it, if it is an outright
gift. Am I right or wrong? The government is giving you the land, it is not
selling you the land, you're not purchasing anything. So, therefore, there's
a fallacy to the board's reasoning.
Ms. Pelzer: But that is also... that may be true. But, that was also ...
but the whole idea of not being in business forever...
Commissioner Dawkins: The whole idea, in Miller Dawkin's opinion only, is
that you, the Coalition, do not want to accept the responsibilities of owning
the property and having to abide by the local zoning laws and regulations.
And that's my opinion. (APPLAUSE)
Mayor Suarez: Yes, and Armi Sturges?
Commissioner De Yurre: Ready to move on this?
Mayor Suarez: I'm sorry.
Commissioner De Yurre: Ready to move on this?
297 February 13, 1992
Mayor Suarez: Yeah, I just to make sure I had an opportunity to hear from
another interested citizen.
Commissioner Dawkins: One more thing, Mr. City Attorney? I thought that when
we discussed joining the suit, that we just discussed joining it - I think,
that as the representatives of those individuals there, who are against it, I
have no problems with the City of Miami approving of what they're doing and
being a party to the suit. But, I have a serious problem when the City
Attorney's Office joins in the suit, because, there again, we are mixing
apples and but I have no problem with passing any legislation that we
have to pass, to say that yes, we the City Commission joins the suit as
thinking it's proper, but not to provide any legal, what have you, from the
Law Department.
Commissioner Plummer: And we're held harmless.
Ms. Armi Sturges: Thank you. Good evening, Mayor Suarez, Commissioners. My
name is Armi Sturges. I live at 645 Cabrera Street. I am not an accomplished
speaker. I am here to talk to you about an unfortunate event.
Mayor Suarez: You have to get just a little closer to the microphone.
Vice Mayor Alonso: A little bit louder.
Ms. Sturges: I am here to discuss an unfortunate event that occurred to me a
couple of years ago. My husband was a machinist with Eastern Airlines. When
his union went on strike in 1989, he did not just lose his ability to support
his family, but he also lost his pride and self-esteem.
Mayor Suarez: You can move just a little bit ... that's it... and then just a
little closer.
Ms. Sturges: First time speaker.
Mayor Suarez: Yeah, right. You can... yeah... that might. Well, I'm not
sure, in that particular direction. There, maybe? Try that.
Ms. Sturges: He looked for work everywhere. Nowhere could he locate a job.
Mayor Suarez: Can you give just a little bit more volume, Madam City Clerk?
Alright. Can't get more volume from this great sound system we've got here,
that we've been talking about changing, for I don't know how many months, now.
So, just get a little closer and maybe shout a little bit more, alright?
Ms. Sturges: O.K. Nowhere could he locate a job that would enable him to
maintain the standard of living that we were used to. And if you didn't hear
before what I had said, was my husband was a machinist with Eastern Airlines,
and he lost his job. Drastically, that changed our lives. We had been living
in Dade County for about twenty years, raised five children. At the time of
the strike, I had two daughters in college in Tallahassee. It did not take
very long for our savings to dwindle to nearly nothing. We could no longer
afford to pay the mortgage on our house, so we moved, renting it to keep up
the mortgage payment, hoping that times would change. After a few months, we
realized that this would not be possible and eventually had to sell our home
298 February 13, 1992
at a price much below market value. We were devastated. The Eastern
employees on strike could get no financial help anywhere and no unemployment
benefits. But, we felt that things would change. During 1989 out of our
home, living in a small house, I worked four jobs, returned to school to work
on a Master's Degree. I continued to teach on a part time basis, as I had for
nine years, tutored, waited on tables in a restaurant and cleaned hotel rooms,
in order to keep my daughters in college and meet expenses. Ten months later,
my husband found employment with another airline on the west coast of the
United States and left Florida. This broke up our marriage. I would have
liked to have moved to Miami, or elsewhere in Dade County to be close to
Florida International University, where I had started to study for the
credentials that I needed to find full-time employment within the school
system. Unfortunately, I could not afford this move. And because ...
Mayor Suarez: This is a little bit long and winding, reminds you of a Beattle
song. The "Long and Winding Road," you know?
Ms. Sturges: O.K. I'll get to the point.
Mayor Suarez: Can you just tell us what you want?
Ms. Sturges: My point is, I became ill. I was hospitalized. I was unable to
work for a couple of months, and I was very closed to being a penniless
homeless person...
Mayor Suarez: I see.
Ms. Sturges: ... and I would have rather died than gone to beg for help in
one of the shelters or places that now exist for homeless people, or near
homeless destitute people. Now,...
Mayor Suarez: You make a very eloquent speaker without all the reading, so
you can just tell us what you want.
Ms. Sturges: O.K., Basically, what I would like for you to do is search your
hearts before you make your decisions. That the already homeless people need
your full support and understanding, and the near homeless people need your
encouragement to come forward too and be certain that they will be treated by
respect. Your support would restore the pride, self-esteem and the certainty
that life can become a positive experience again for these homeless people.
And I feel that every human being deserves that much. Thank you for your
attention.
Mayor Suarez: Thank you, Ms. Sturges. Alright, folks, you represent a number
of people here, not necessarily, in an official capacity, but in an informal
capacity, and all the people who support the position taken by Mr. Steiner, if
you would please - I guess you don't have to stand up because you're already
standing up, right? All the people that are standing up behind you,
generally, support him, or do you want to raise your right hand? Does that
help? Yes, O.K.. Is there anyone else that wishes to be heard? Mr.
Gonzalez-Goenaga, quickly, sir.
Mr. Gonzalez-Goenaga: Yes, I join 100 percent what this lady just said. And
I am going to say something to you, people of Coconut Grove and to these
299 February 13, 1992
Commissioners. Before,... I know what you have been told about me because the
corridors of Miami say that I'm crazy. But let me tell you something, my
friends, I was born in a silver tray from one of the richest men in Puerto
Rico many years ago. Keep laughing. Yet, we do not have homeless people in
Puerto Rico. Puerto Rico is the... is poorer than the poorest state of this
nation, which is Mississippi. And we do not have homeless people in Puerto
Rico for one particular reason. Puerto Ricans are basically very
compassionate people. In this country, God is money. You are millionaires
and you, and we have a Mr. Rodriguez, a Mexican fellow, who came from Mexico
and gave four hundred thousand for the homeless.
Mayor Suarez: They only wished they were all millionaires.
Mr. Gonzalez-Goenaga: No, no, no. The thing is that we...
Mayor Suarez: But, no sir, listen...
Mr. Gonzalez-Goenaga: ... the taxpayers of Miami.
Mayor Suarez: Sir, listen to me. It is not libel to call people
millionaires, yet. So, technically, you're not transgressing our rules. But,
you are making a hominem arguments, you're making personal arguments, finish
your argument. Don't insult anyone, don't argue against anyone. Just argue
your point and finish it quickly, sir, because we're at the end of our
patience with you today. Come on, finish up.
Mr. Gonzalez-Goenaga: I've never heard that to say that a person is a
millionaire, is insulting them, at least, in Florida or in the United States.
The issue is, if a Mexican comic came here and gave four hundred thousand for
the homeless, you do not need, if you want to fight the homeless out of there,
the taxpayer's money. Go and raise funds. There are plenty of lawyers living
in Coconut Grove, including Mayor Suarez and the other Commissioner. I am
sure that they can really help in their own personal capacity. They are very
qualified and sophisticated and virtuous attorneys, and I... but, please don't
use City money people. Out of three Commissioners, two can really help you
out of their own pocket, because they are also very compassionate lawyers and
very smart and intelligent lawyers. Thank you very much.
Mayor Suarez: Thank you, sir. Thank you for all the beneficial aspects of
what you said or favorable. Alright, folks, Commissioners, you got two
resolutions... I'd be inclined to take the second one first - the one that
calls on the federal government to...
Commissioner De Yurre: We're doing that already.
Mayor Suarez: ... but we're doing that already.
Commissioner Plummer: We're already doing it, so why do you need a
resolution?
Mayor Suarez: I don't think you do. As to the lawsuit, does anybody want to
move that?
300 February 13, 1992
a
Commissioner De Yurre: Just for the record, I need the City Attorney to tell
us his best guesstimate, what this cost us in just man or attorney hours in
this matter?
Mr. Jones: O.K.
Commissioner De Yurre: Just for the record.
Mr. Jones: Commissioner, in all sincerity, I really... it's really difficult
to gauge. The only thing I can tell you, in terms of cost, it is very
difficult to ascertain whether this is going to go... this lawsuit is going to
go on for a month, or five months. It could go on for two years, it could go
on for three years, appeals, whatever. I can only tell you that I think it
would involve a significant amount of time and resources. So, that's the best
I can put it in terms of dollars.
Commissioner Dawkins: Mr. Mayor, Mr. Mayor. O.K., go ahead.
Commissioner De Yurre: All we're being asked is to put in the attorney hours.
Mr. Steiner: No, we will do all the work. All we want is the City to be
represented by your attorney. We will do most all of the work, and intervene
as a party to the lawsuit.
Commissioner De Yurre: And the cost?
Mr. Steiner: Will be born by us, and will indemnify the City for the court
costs.
Commissioner De Yurre: O.K. And will be held harmless for any situation that
arises out of us getting involved in the lawsuit?
Mr. Steiner: I think they accept courts costs. I don't know what else...
Mr. Jones: ... yeah... Well, basically court costs. I can't envision...
Commissioner De Yurre: That's our court costs, and now, you're talking about
their court cost and what else could there be?
Mr. Steiner: No, there's only one court cost and it's...
Commissioner De Yurre: No, no. Our court costs.
Mr. Jones: There may be costs associated with the litigation such as
depositions, discovery... the whole works.
Commissioner Plummer: Well, why don't you consider that there be...
Commissioner De Yurre: Do you want to put a cap?
Commissioner Plummer: ... an amount not to exceed expended by the City
Attorney.
301 February 13, 1992
Commissioner Dawkins: I will vote only if you say, the City of Miami, I don't
care what you say, you can say join the suit, you can say endorses the suit,
whatever you want to say, and that the City make available its law library,
its computers, its word processors, anybody to do any research, and that be
it.
Mayor Suarez: Are you suggesting...
Commissioner Plummer: No personnel.
Mayor Suarez: ... that you would vote favorably to involvement at all in the
lawsuit?
Commissioner Dawkins: No, not at all. If we got to put manpower... hey, I'm
just not in favor of putting manpower.
Mr. Carter Mc Dowell: Mayor, if I may? As you are well aware in intervening
in a lawsuit, there are many different levels of participation that the City
can take. We are asking the City to intervene and become a party plaintiff.
As a general rule, the City is going to be in a position to adopt the
pleadings filed by us.
Mayor Suarez: Yeah, Commissioner Dawkins was suggesting that most minimal of
all participation was still agreeing to have our name associated on the side
of the plaintiffs...
Mr. Mc Dowell: We don't have...
Mayor Suarez: ... Now, I don't know how you can define that further than what
we've tried to do, Commissioner Dawkins. I have a different view...
Mr. Mc Dowell: You have to an attorney...
Mayor Suarez: ... of all of this, which I haven't expressed yet but, if you
want to add anything further... this matter has really, folks, been discussed
at the City, we've gotten million of phone calls on it, we've got other things
to do here. You've tried to endeavor, to convince us. Presumably,...
Mr. Mc Dowell: We have done...
Mayor Suarez: ... you have convinced the majority of this Commission, maybe
not. What else can you possibly tell us, Carter?
Mr. Mc Dowell: All I'm saying is, for the City to become a plaintiff, you
have to have an attorney of record to sign the pleading on your behalf.
Mayor Suarez: Yes, that would be the City Attorney.
Mr. Mc Dowell: As long as you're willing to do that, we have no problem, and
we will cover the court costs.
Mayor Suarez: It would be a passive participation in the sense that we won't
expect him to come up with any great theories of prosecution, but we're
lending our name as a plaintiff and...
RIY4
February 13, 1992
}
Mr. Mc Dowell: That's fine, that's all you need.
i�-
Commissioner De Yurre: And I would...
Commissioner Plumper: That's the extent.
Mayor Suarez: And we're not incurring any costs. And to the extent we're
incurring costs, somebody's is agreeing to pay for them. I don't know who it
was exactly, who was it? - as far as costs? - depositions?
Mr. Steiner: The plaintiffs.
Mr. Jones: Let me just say this. Mr. Mayor, let me just say this.
Mayor Suarez: It's beneath your dignity, joining a suit where you have a
totally passive involvement. Is that what you're going to tell us?
Mr. Jones: No. I just wanted to bring to your attention that by becoming a
party plaintiff, there's also a possibility. We don't know... you can't
envision what counterclaims that may be made against us.
Mayor Suarez: We will be counter defendant, conceivably.
Mr. Jones: Then we've got to defend. If I'm hearing, I mean, I mean, that's
a possibility, there are all sorts of possibilities.
Mayor Suarez: Yes, cross -defendant, counter -defendant. All of that stuff.
Mr. Jones: I mean, it's one thing...
Mayor Suarez: Very nasty.
Mr. Jones: ... to go in and name only, but, you know,... I mean, it's endless
of what could happen.
Mayor Suarez: Alright. Once you're in there as plaintiff, the defendant
might just say, well we want to claim against the City, too for getting
involved in all of this, and impeding what we're trying to do. So, we may
find ourselves being a counter- defendant,...
Vice Mayor Alonso: Yes, that's serious.
Mayor Suarez: ... or counter... I guess that's the term.
Commissioner De Yurre: Mr. Mayor, I'll make a motion.
Mayor Suarez: So moved. I haven't heard it yet, go ahead. I'm desperate for
it be over one way or the other.
Commissioner De Yurre: Yeah, I think that morally, you know, forget about the
legal, just morally, what has happened here is something that's shocking to
our conscience to a great degree. At least to mine it is because from day one
I was opposed to the situation, and I couldn't even fathom to believe that,
303 February 13, 1992
that could happen. And here we are facing this situation. So, as far as the
City is concerned, you know, I think that we should get involved, but I would
just like to put a cap, understanding what our situation is, putting a cap
which was suggested by J.L. also, on the expenses that we would incur, and I
would put that cap at ten thousand dollars, and anything above ten gets picked
up by the other parties involved in the suit.
Mr. Mc Dowell: In terms of the cost?
Vice Mayor Alonso: But the problem,...
Commissioner De Yurre: ... our cost and whatever, you know, if we're going to
have to end up paying somebody else's costs, as a consequence of this, you
pickup. We put up the first ten thousand, from then on out, you guys have to
ride that ticket.
Mr. Steiner: O.K.
Commissioner De Yurre: I think that's fairly equitable.
Commissioner Plummer: Second the motion.
Mayor Suarez: So moved and seconded.
Vice Mayor Alonso: Under discussion, City Attorney, under this scenario, are
we protected?
Mr. Jones: Well, you still have the same possibility, but however, with
the... with paying, with them being responsible for paying anything above the
ten thousand, that only includes cost. That still does remove the possibility
of a counterclaim, or whatever.
Commissioner De Yurre: Anything above ten thousand, they're going to make us
whole, and we need to identify who's going to be responsible for that.
Mr. Jones: Yeah, I would prefer, my preference would be that there be some
sort of indemnification for any cost period.
Commissioner De Yurre: Well, whatever it takes, you know, my position, our
position is in this motion is that we put the first ten.
Commissioner Plummer: Very simply said, Mr. City Attorney, in my intent, is
that we will not expend more than ten thousand dollars, and they must
guarantee to the City that any amount that exceeds that, stemming from this
lawsuit, they will pickup. Just that simple.
Mayor Suarez: Alright, we have a motion and second? Understood? Any
discussion, if not, please call the roll.
304 February 13, 1992
i
s
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-131
A RESOLUTION DIRECTING THE CITY ATTORNEY TO INTERVENE,
ON BEHALF OF THE CITY OF MIAMI, IN THE LITIGATION
INVOLVING THE UNITED STATES OF AMERICA'S GRANT OF 'rHE
NAVAL RESERVE PROPERTY TO THE MIAMI COALITION FOR THE
HOMELESS; FURTHER AUTHORIZING THE EXPENDITURE OF AN
AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000)
FOR COSTS ASSOCIATED WITH THE INTERVENTION IN SAID
LAWSUIT.
(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 J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: Commissioner Dawkins
Mayor Xavier L. Suarez.
ABSENT: None.
Mayor Suarez: Thank you folks. We will otherwise, I think, all be inclined
to help you.
Commissioner Dawkins: Mr. Mayor, I'd like to ask the City Manager to meet
with the Coalition people, explain to them that I will be going to Washington,
and I will be discussing with the federal government, that giving the property
to whoever wants it, so if they are prepared to accept it, then I don't have
to discuss anything with anybody. But if they are still of the notion to
lease it, then I will try to convince the federal government to give it to
somebody where we have some kind of a control over what's done there.
Mr. Jones: Mr. Mayor?
Mayor Suarez:
My focus
is going to be to
try to convince the Florida
Congressional
Delegation
to pass modifying
legislation that allows that
'.
property to be
sold to the
private sector, be
put on the tax rolls, and the
money then can
be used for
the homeless. If
that can be done. The lawsuit
may enable us to do that.
I think it would be
the ideal thing.
Commissioner Dawkins: But
you have to get a
court order, or something, to
restrain them from giving
it away.
a,
?�
Mayor Suarez:
Maybe that
the plaintiff's, the
case you filed, will enable us
;i
to get to that
point. And
that, I think, should be ...
�i
`'
305
February 13, 1992
0
Vice Mayor Alonso: ... the answer to this.
Mayor Suarez: ... the approach.
Vice Mayor Alonso: Yes.
Mayor Suarez: Alright, and I think, it's going to take the entire
congressional delegation. So, we ought to seek a meeting with them as soon as
possible. Mr. Manager, I've been saying that for a couple of months. If you
don't want to do it, then we will initiate it from my office.
Vice Mayor Alonso: It is my understanding, they've been working on that.
Mayor Suarez: A meeting with the Florida Congressional Delegation in
Washington.
► Commissioner Dawkins: I'll try to do that while we're up there, too,...
Mayor Suarez: Very good.
Commissioner Dawkins: ... Tuesday, Wednesday or Thursday.
Mayor Suarez: Very good.
Commissioner Dawkins: Wednesday or Thursday.
Mayor Suarez: It's not easy to get the entire congressional delegation
together. It's got to be a matter of great import, and I think this one has
reached that level. Alright?
Mr. Jones: Mr. Mayor...
Mayor Suarez: Yes?
Mr. Jones: Please, just very quickly. Could I just inquire, is this
Homeowners, is this a corporate entity? - or whatever? - or would...
Mayor Suarez: Who are we holding responsible for the cost here?
Mr. Steiner: I think that the best way is to contact our attorney. But,
there are six plaintiffs on the original complaint, and there's going to be
about probably twenty, thirty more, in the next few weeks.
Mr. Jones: So what we're looking at, is really individual liability.
Mr. Steiner: No, there are three individuals, and probably about two or three
homeowners associations, the Coconut Grove Chamber of Commerce.
Mayor Suarez: They look like honest people. I think we can fairly expect a
proportional contribution to cost in the spirit of cooperation, here.
Mr. Steiner: Thank you.
OR
February 13, 1992
11
r]
62. DISCUSSION BY REPRESENTATIVE OF MORNINGSIDE CIVIC ASSOCIATION BOARD
CONCERNING THE HOUSING OF HAITIANS ARRIVING FROM CUBA IN HOTELS ALONG
BISCAYNE BOULEVARD.
Mayor Suarez: Alright. Item 45 - Morningside Civic Association. Discuss the
housing of Haitians from Cuba and the hotels along Biscayne Boulevard.
Mr. George E. Gyal: Is that news to you?
Mayor Suarez: What does that mean? Yes.
Mr. Dyal: My name is George Dyal.
neighborhood of Morningside. We were
thank Mr. Mayor, the Commissioners and
Mayor Suarez: Surely.
I live at 421 N.E. 51st Street in the
surprised... First of all, I'd like to
the City Manager for hearing this item.
Mr. Dyal: We were surprised three, four, five weeks ago on Channel 7 at the
news that the refugees from Cuba would be housed along Biscayne Boulevard
particularly the Bayside Motor Inn. Coincidentally, I live right behind the
Bayside Motor Inn on the first house in from the boulevard. It alarmed
everyone. We made some calls. No one seemed to know anything about it and
low a behold, about three weeks ago, there the Bayside Motor Inn and the
Budget... the Budget Inn, I believe, also were about a 100 refugees and for
three days we had, I would call it, bedlam along that strip. One is on one
side of the street, one is on the other side of the street. It was everything
from loud radios and crowd noise to forty and fifty cars within one hundred,
or two hundred feet. It was quite disruptive.
Vice Mayor Alonso: Yes.
Mr. Dyal: What it is, is some type of screening in process, in processing,
and they've elected to put them there along Calle Ocho and also along some
areas of the Gables, I'm told also.
Mr. Odio: Yep.
Mr. Dyal: O.K., you're familiar with it, Mr. Manager. The people of the
northeast... our complaint is with the problems that we've faced Biscayne
Boulevard, everywhere from 87th Street down to, well I guess all the way to
downtown, actually, but it's primarily located from 36th Street North up to
approximately 87th Street, is the hooker, and the pimps, and the drug pushers,
and the like, and...
Mayor Suarez: It's not an area that has been undergoing the best of times,
although we hope to change that, of course, keep trying for that.
Mr. Dyal: It's a huge problem to try and change it.
307 February 13, 1992
Mayor Suarez: What is the point of what you're trying to tell us and what
would you like this Commission to do, sir?
Mr. Dyal: I don't know if it's possible, but we would like the Commission to
take an official stand on it with the World Council, the churches and the
Catholic church and ask them if there isn't some other more suitable area that
is not as struggling as the northeast boulevard area is and has been for many
years now.
Mayor Suarez: O.K.
Vice Mayor Alonso: What is incredible is that the Justice Department is
placing these individuals in crack houses because some of these places are
really full of irregularities. I discussed this with the chief of police and
he agrees with me, that it's insane that they are housed in this area and in
the kind of motels that they've been assigned to. The situation, I guess, is
very difficult. I don't know exactly... Mr. Manager, have you been working on
this? I discussed this with you before.
Mr. Odio: No, and I investigated that they, the World services has the right
to rent an paying... they were paying for the rooms and did it in Calle Ocho,
they did some it Northwest, they put some in Coral Gables. Unfortunately,...
Vice Mayor Alonso: In Coral Gables they did?
Mr. Odio: Yes, sure. They spread it all over the city and unfortunately the
Haitians are not coming anymore. So, I don't know why we're concerned. They
have been sent back to Haiti. So, I think that we shouldn't be concerned at
this time. I don't expect a number of, a huge number of them to come from
Guantanamo anymore.
Mr. Dyal: Mr. Manager?
Vice Mayor Alonso: You know, what is...
Mr. Odio: It would be a concern, if you had ten thousand people come in at
one time, but they are not coming.
Vice Mayor Alonso: What is unfair also is that these people are exposed to
this kind of conditions when arriving to this country, it's the worst of the
situation, too.
Mr. Odio: Well but... The problem when I checked this... like I said, they
went and paid for the rooms and anybody can come in and pay for the room and
stay there.
Vice Mayor Alonso: Yeah, but the...
Mr. Odio: They were not breaking the law.
Vice Mayor Alonso: ... the Justice Department was paying...
Mr. Odio: Yeah, they were paying for the rooms.
OR
February 13, 1992
Vice Mayor Alonso: ... for this.
Mr. Odio: But they were not breaking the law.
Vice Mayor Alonso: Why in buildings like this?
Mayor Suarez: The... One...
Mr. Odio: They were fair in spreading the load all over the City.
Mayor Suarez: ... suggestion is, as a gentleman in the back, two gentlemen in
the back from the Justice Department Community Relations... You might meet
with them and give them your input. The City as long as our zoning laws are
being obeyed, which the Manager is saying that they are, the best we can is
suggest as we have done many many times with the Federal Government, Justice
Department, Immigration, etc. that any massive influx of refugees be on the
basis of resettling to all parts of the country and God we've emphasized
that... coupled also with sufficient federal help, too, so people can
assimilate, you know, learn the language, find jobs, et cetera, et cetera.
We've done that and we'll continue doing that because we understand that no
one community, let alone one neighborhood in a community, should bear all of
that burden and the social needs that go with it. So, we'll continue that
battle but don't hesitate... I don't know if they were here for that item, but
they're back there and they are fine Justice Department Officials Community
Relations, who are coincidentally very involved in the whole issue of
Immigration of all groups including Haitians. Alright?
Mr. Dyal: Coincidentally, last night Earl Stolworth met with a lot of us...
Mayor Suarez: I see. So maybe that's not...
Mr. Dyal: ... in the neighborhood and assured us he would try and help with
this problem. But, he's just one person.
Mayor Suarez: Yeah.
Mr. Dyal: The Commission, whatever the Commission feels...
Mayor Suarez: Well, he has seen us kind of break our heads against some his
bosses, but I don't think he would admit that publicly as Mr. Battles.
Mr. Dyal: I thank you for your time.
Mayor Suarez: Thank you. Alright, sir.
309 February 13, 1992
63. PERSONAL APPEARANCE: MR. JOHN BRENNAN, CHAIRMAN OF WATERFRONT ADVISORY
BOARD, TO DISCUSS POSSIBLE CONVERSION OF THE VIRRICK GYM (OLD COAST
GUARD) PROPERTY INTO A PARK -- CITY MANAGER TO CONSIDER CONCERNS
EXPRESSED AND TO COME BACK WITH A RECOMMENDATION.
------------------------------------------------------------------------------
Mayor Suarez: Item 46. Brennan again? Can you make this quick? We have a
whole group of people, John, that are here on...
Vice Mayor Alonso: Oh, yes.
Commissioner Plummer: Good morning.
Mayor Suarez: ... Father Menendez's item. That's right, I always keep you
going.
Commissioner Dawkins: I don't need this, you know. I'm aware of it. I'm
aware of this.
Mayor Suarez: Their item was scheduled... Your item, Father, was scheduled
for seven thirty, an especially set time. Is that correct? - or 7:00 p.m.?
Rev. Menendez: Seven p.m.
Mayor Suarez: Alright, 7 p.m. Alright, we're twenty-seven minutes late. We
have a few public hearing items which we may be able to skip over because they
involve, I think, a lot of administrative issues and we may be able to get to
your item fairly quickly. Go ahead, Mr. Brennan.
Mr. John A. Brennan: You're ready? Is it my time, now?
Mayor Suarez: Yes, sir. I'm getting up just to look at...
Mr. Brennan: O.K. For the record my name is John A. Brennan and I'm
chairman of the City of Miami's Waterfront Advisory Board. And the advice as
presented...
Commissioner Dawkins: You got it upside down.
Mr. Brennan: ... by the Waterfront Board to the Commission, is that this
particular piece of property should be turned into a park. It was given to
the federal, by the federal government to the City for a park. Now, this
particular plan is worth about a half of million dollars, and we have been
advised that this can be done with grants. Now, when we started, that was a
couple of years ago, and I understand that grants are more difficult but the
Waterfront Board does not care if you even do it one tree a week so that it
eventually is turned into...
Mayor Suarez: How many of the existing parking spaces does it eliminate, just
out of curiosity? I want to know the scream that would be heard from the...
310 February 13, 1992
Mr. Brennan: About three hundred. You have... There are ninety-one spaces
here including spaces for the handicaps, spaces for the City staff.
Mayor Suarez: You eliminate three hundred, you said?
Mr. Brennan: I believe there's four hundred there.
Mayor Suarez: And you eliminate three hundred out of those?
Mr. Brennan: Right.
Mayor Suarez: Basically, it's...
Mr. Brennan: Now, we checked with Monty's requirement and those are already
solved in the GDC Building.
Mr. Odio: They would leave ninety-one parking spaces.
Mayor Suarez: Right. So, basically it would eliminate the use of that area
as it is now being used basically for parking.
Commissioner Dawkins: Yes, yes.
Mr. Brennan: Right. Well, Monty's Restaurant that's essentially true.
Mayor Suarez: Yes, yes.
Mr. Brennan: Monty's Restaurant does...
Mayor Suarez: Ninety-one would be basically enough for our own staff...
Mr. Brennan: ... and...
Mayor Suarez: ... the people who use the boat ramps...
Mr. Brennan: Yes.
Mayor Suarez: ... and the occasional users of the park itself...
Mr. Brennan: ... of the park facility, yes.
Unidentified Speaker: Shake -a -leg program.
Mayor Suarez: ... and a Shake -a -leg, that's... I guess that's what I meant,
too. The sailing program for handicap.
Mr. Brennan: Yes, those are all...
Commissioner Plummer: What about the boxing events?
Mr. Odio: And the boxing events that...
Mr. Brennan: Fine.
311 February 13, 1992
a 40
Commissioner Plummer: No, but I mean you're...
Mr. Brennan: Well, we haven't had a boxing event in quite a while but if you
want to throw that in, I'm sure that you can get them in there, too, but Monty
Trainer's Restaurant is taken care...
Mr. Odio: Mr. Mayor?
Mr. Brennan: ... of by the GDC Building. That's where he filed his permit
for...
Mr. Odio: Well, Mr. Mayor, I'd like...
Mayor Suarez: Yes?
Mr. Odio: ... to, first of all to put this to rest once and for all. It's
been coming back a... We put it down and it keeps floating up. We cannot
afford to lose one parking space there, and I recommend...
Mr. Brennan: Why not?
Mr. Odio: Commissioner, we have the boat ramps... they already have the
ramps... people are coming in with their boats complaining about this. We
have people that come to the Grove Exhibition Center, here... We had three
shows in two weeks that we had to park all the way through Peacock Park.
There's not enough parking in the whole area and...
Mayor Suarez: Why did people park in Peacock Park when they could have
parked,...
Mr. Odio: Yeah.
Mayor Suarez: ... if the agreement was being implemented correctly, in the
Terremark Building?
Mr. Odio: No, no. I'm not talking about here. I'm talking about the
exhibition center.
Commissioner Plummer: The Home Show.
Mayor Suarez: The Home Show.
Mr. Brennan: Home Shows and the Antique Shows...
Mayor Suarez: Yes, sir. Why did people park in the park on grass, when they
should have been parking in a location such as the Terremark Building as per
the agreement?
Mr. Odio: Every single space was taken on this.
Mayor Suarez: Not the ones inside the building.
Mr. Odio: I was told that every single parking space had been taken.
312 February 13, 1992
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Mayor Suarez: I assure you the ones inside, I mean, I can't assure. I
can't...
Mr. Odio: I can't assure you. I didn't look but I tell you that's what I've
been told.
Mayor Suarez: Right, and by the way, even if the ones inside the building
were taken up, which I doubt, people are not supposed to be parking on the
grass of a park.
Mr. Odio: No, they were... they had special permission from the Parks
Department to do so...
Mayor Suarez: Big mistake.
Mr. Odio: ... for this time.
Mayor Suarez: Big, big, big mistake, sir.
Mr. Odio: That would be correct.
Mayor Suarez: I mean, I hope this Commission wants to express itself on this
issue, Mr. Ruder, you're otherwise a good Parks director but letting people
park on the grass over there like that, that's the quickest way of making sure
you ruin a park which is very difficult to maintain. What is the name of that
little park over there?
Mr. Odio: Kenny Myers.
Mayor Suarez: Alright. That is a difficult park to maintain. It's full of
rather strange looking sculptures. I'm not sure we ever made that decision
wisely and very, very little green space left there. I think that was a big
big mistake, and I am sure that that building was not open for parking and no
system was set up to direct people over there and...
Mr. Odio: You know what people are doing? They park here. They take their
bicycles. They use our... They use Kennedy Park. They ride through the
Grove. They come back here. This is a highly used area.
Mayor Suarez: And why didn't we charge for that? They weren't being that
day, were they?
Mr. Ruder: They were.
Mr. Odio: They were.
Mayor Suarez: How much were they being charged to park in our park and ruin
it?
Mr. Ruder: First of all, this is the last time that they're going to be...
We've had a lot of problems in the weekends with...
Mayor Suarez: Never again.
313 February 13, 1992
Mr. Ruder: ... people driving into that park...
Mayor Suarez: No, mas.
Mr. Ruder: Right...
Mayor Suarez: That's it, you got me. Thank you.
Mr. Ruder: ... and we've installed wooden ballards and...
Mayor Suarez: Try to get some money out of it. Try to... O.K... I think you
can even increase it a little bit. I mean, you know, they do it for the Arena
games. My God, they're always increasing the charges over there. The off-
street parking... You got to have a little more of an off-street parking
mentality. I know you're too nice of a person for that and him and all the
rest of the guys.
Mr. Ruder: We're just... I don't think it's the money, we just don't want
people parking in the park and we're stop it.
Mayor Suarez: Thank you, thank you. Not to mention that. Now, this is a
tough one. Though pill to swallow. Where are we going to get the money? Any
ideas, I mean, other than grants? I have no problem whatsoever, for myself,
in passing a resolution that we search for the money, that we seek it, that we
try to obtain it, and that if we get it, we building something either like
that or maybe just grass or something. I don't think that we have commitment
or a need to forever and ever and ever maintain all of those parking spaces
there. I really don't believe that. And I think most of them are still being
used in connection with a private restaurant and marketplace, I guess, for
lack of a better word across the street, across Aviation.
Commissioner Dawkins: I would say your assumptions are quite right.
Mayor Suarez: I think those are my assumptions. And you know it's nice, we
don't want him to go bankrupt and so on but ultimately if a better use is
found, and we have the money to make a real park out of it which is what it
was supposed to be used for according to the federal deed that you dug up,
Frank, after many years of looking, we ought to comply with that.
Commissioner De Yurre: Let me say something, Mr. Mayor.
Mayor Suarez: And we wants to play basketball there, too, as I do, you know.
Commissioner De Yurre: Well, you already got your basketball court across the
street from your home.
Mayor Suarez: That's right. I've got a mini court. Somebody took a picture
of that one time and brought it here. Who was it? Mariano.
Commissioner De Yurre: Yeah, he took one of mine also. Now, I... The day
that I vote to do something with this land to change its status is the day
that we knock down that building, that Virrick Gym which is an eyesore, and
then we develop something nice that fits the description of what that land was
meant for. But until that time and until we develop such a plan, you know, I
314 February 13, 1992
can't see doing anything, and I expressed that to the guys here of doing
anything that in the future may lead to knocking it down and tearing it up,
because we want something bigger that would fit that areas of park along the
lines of marine, aquatic, sports, things of that nature that fits the area.
And until... and I would like to see maybe start developing some concepts for
that location as to what can be done in the future and see if we can start
looking up, you know, finding monies or where we can find some monies to do
something along those lines. But, until we do something like that, I would
not be in favor of impacting on this area at all at this time.
Mr. Brennan: O.K., Commissioner De Yurre we're in favor of anything that
would put grass out there and we would work with the Administration. We would
like to resolve this. We have worked on it for a very long time and we would
like to just have the Commission say "yes we want eventually have a park there
or no we don't want a park there."
Commissioner Dawkins: I move that we pass this in concept and when they find
the money come back and put it in concrete.
Vice Mayor Alonso: O.K. Do we have a second?
Commissioner De Yurre: Well, are we talking about this right here or what I
was mentioning?
Commissioner Dawkins: Yes. See, we can't do what you're talking about
without money so even if you want to do what you want to do, you got to push
it down and have money.
Commissioner De Yurre: O.K.
Commissioner Dawkins: So, they got to go and find money and come back. I
pass it in concept and when they come back with some money then we finalize.
Commissioner De Yurre: O.K., if it includes knocking the gym then I'd be in
favor because that would clear out the whole area. Then, we could do
something really worthwhile there.
Commissioner Dawkins: So, there's no second. Try something else.
Vice Mayor Alonso: So, no action in this.
Commissioner Dawkins: No action, so...
Commissioner De Yurre: Well, my...
Commissioner Dawkins: .. let's subtract all forty. Move 47.
Commissioner Plummer: Let me just put in the records. I do feel, Mr.
Manager, that you could without going and destroying the parking, I think you
could do some landscaping in that area and make it a more attractive area
than it presently is. If nothing more than like Miller says or Victor says,
to try to get something to hide that building. It's an eyesore.
Commissioner De Yurre: If we knock it down, we don't have to hide it anymore.
315 February 13, 1992
Commissioner Plummer: Well, I'm do feel that you could make a better
appearance than what it is there today without question.
Vice Mayor Alonso: I agree.
Commissioner Dawkins: I move 47.
Vice Mayor Alonso: Yes.
Mr. Brennan: Thank you.
Vice Mayor Alonso: Do you want to take any action or just leave it as such?
Commissioner De Yurre: Well, study it and come back with an idea.
Vice Mayor Alonso: The Administration to come back with an idea?
Commissioner De Yurre: Yeah, study it and come back with an idea.
Vice Mayor Alonso: O.K.
Mr. Brennan: We would be willing to work with the Administration. The thing
is we would like from the Commission... Would you prefer to leave that a
parking lots so Monty's can use it or should it eventually be that way? - and
we've been on it for three years. When do we start?
Mr. Odio: But John, you see, you keep talking about. John you keep talking
about Monty's like if it's a bad word. They represent a million two hundred
thousand dollars a year in income to the City of Miami.
Commissioner Dawkins: Who does?
Mr. Odio: That restaurant, sir.
Commissioner Dawkins: The what?
Commissioner De Yurre: Monty's.
Mr. Odio: The restaurant brings in a...
Commissioner Dawkins: I thought they... you collected the money they owed you
the other day.
Mr. Odio: Yeah, we are... we have...
Commissioner Dawkins: Oh, well, well. See, I mean, come on.
Mr. Odio: We have.
Commissioner Dawkins: We have. Come on.
Mr. Odio: We have. We are getting revenues that are badly needed.
i 316 February 13, 1992
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Vice Mayor Alonso: In principle...
Commissioner Dawkins: And when they lose ten parking places, they're going
out of business?
Mr. Odio: You noticed when you asked me the question before I didn't mention
the restaurant. The parking areas are used for more that just the restaurant.
Vice Mayor Alonso: Oh, please. Let's not get into Monty Trainers, now.
64. GRANT REQUEST BY MARCH OF DIMES FOR CLOSURE OF DESIGNATED STREETS
CONCERNING THE WALKAMERICA EVENT.
Commissioner Dawkins: Move 47.
Mayor Suarez: All right. Item 47 has been moved.
Commissioner Plummer: No, no. I got a problem with forty-seven. We cannot
waive the fee, O.K.? We built that in the street closures, yes. The
restriction of retail peddlers, by the way Mr. City Attorney, we're having one
he11 of a fight in art festival. That and let me tell you what's happening
the restriction of peddlers. The people who own private property are saying
that they have the right to do with their property as they see fit.
Commissioner Dawkins: They do, they do.
Commissioner Plummer: Well, O.K. It's not clear at this particular point,
for example, Coconut Grove Bank had always leased out, not leased out but
given permission to the Police Department to put a hamburger stand there with
the proceeds going to the Widows' Pension Fund, I think, it's what they told
me. Now, I think some determination has got be made as to whether or not this
restriction of retail peddlers is... can be imposed legally on private
property. And that, you know, that festival is coming up starting on Friday.
Mr. Odio: It is in the area of the church...
Commissioner Plummer: Well, it's anywhere, Mr. Manager. That you're having
that restriction, does that restriction apply and is it enforceable to people
who own private property? Now, I think another thing we've got to remember is
that the art festival by being able to restrict, has not asked this City for
a dime for the last three years. So, I think you've got to weigh that in
there but you know, here again, the rights of private property owners, I
really hate to tread on.
Commissioner Dawkins: Are you saying move it with the exception of the fee
waivers and the restriction of retail peddlers?
Commissioner Plummer: No, sir. I think that we've got to do the restriction
of retail peddlers. But does that apply on private property or on the streets
for the two blocks each side?
317 February 13, 1992
Commissioner Dawkins: Alright, I'll second any motion you make.
Commissioner Plummer: I'll make a motion that we have the street closures.
That the restriction of retail peddlers be granted to them with a
determination but made by the City Attorney as to whether or not the
restriction of peddlers applies to private property.
Commissioner Dawkins: So, second.
Mayor Suarez: Moved in second. Any discussion? If not, please call the
ro11.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-132
A RESOLUTION RELATED TO THE MARCH OF DIMES WALK
AMERICA TO BE CONDUCTED BY THE MARCH OF DIMES BIRTH
DEFECTS FOUNDATION ON APRIL 4, 1992; APPROVING THE USE
OF CERTAIN STREETS AND THOROUGHFARES IN COCONUT GROVE
DURING WALK AMERICA SUBJECT TO THE ISSUANCE OF PERMITS
BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; SUBJECT TO THE EXERCISE OF
COMPLETE CONTROL OVER SUCH USE BY THE DEPARTMENT OF
POLICE; ESTABLISHING AN AREA PROHIBITED TO RETAIL
PEDDLERS DURING THE PERIOD OF THE EVENT; AUTHORIZING
THE USE OF AN ON -DUTY RESCUE UNIT DURING SAID EVENT;
CONDITIONING ALL APPROVALS AND AUTHORIZATIONS HEREIN
UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES AND FEES ASSOCIATED WITH SAID EVENT AND
OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT
AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
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
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
318 February 13, 1992
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6 46
65. BRIEF DISCUSSION CONCERNING TRAFFIC PROBLEMS CREATED BY DIVERTED TRAFFIC
ON ACCOUNT OF COCONUT GROVE ARTS FESTIVAL.
Commissioner Plummer: Well, Mr. Mayor, can I bring up one other thing? Try
to bring it up very quickly. Last year I brought up, Mr. Manager, before this
Commission with...
Commissioner Dawkins: Let's do forty-eight because I want to get forty-nine
and then we can go to him.
Commissioner Plummer: ... the Coconut Grove Art Festival.
Mr. Odio: Yeah.
Commissioner Plummer: As you will envision the traffic that is coming on
Main Highway...
Mr. Odio: I got your memo. We're going to...
Commissioner Plummer: ... north bound, our Main Highway are being diverted
down Charles. That is for the entire time from tomorrow night or tonight
until Monday morning. O.K. because that street is closed and the diversion of
traffic. Now, what I have recommended to you and I did last year, that it be
diverted down Franklin which only has one stop sign. The problem existing
last year and I assure you it's going to be repeated this year if it's not
addressed. That sending them down Charles when they get to Hibiscus, they had
any number of purse snatches, snatch and grab and also the same thing
occurred, unfortunately, at Grand and Hibiscus. Now, what I'm suggesting is
if you don't go down Franklin, that you definitely impose upon them that they
must maintain twenty-four hour a day, O.K., twenty-four a day security for the
safety of the public that are being diverted down those streets.
66. (A) RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE REQUIREMENT FOR
COMPETITIVE BIDDING -- APPROVE PURCHASE OF 1,025 FLORIDA LAW ENFORCEMENT
HANDBOOKS FORM THE METRO-DADE POLICE DEPARTMENT.
(B) DISCUSSION CONCERNING PROPOSED WALKING BEAT AT THE CORNER OF DOUGLAS
ROAD AND GRAND AVENUE.
Commissioner Plummer: And just a little job for the Manager. Mr. Manager, on
September the 21st, I asked you through this Commission to consider a beat at
Douglas and Grand. I thought that there was consideration going to be done.
There have been, now... Nothing has done and there have been over one hundred
robberies that have not been addressed. O.K.?
Commissioner Dawkins: O.K. Move 48 before J.L. gets carried away.
Mayor Suarez: Item 48 has been moved.
319 February 13, 1992
Commissioner Dawkins: Second.
Commissioner Plummer: Second. There is not a beat there.
Mayor Suarez: Second it.
Commissioner Plummer: There is a part-time beat there. Excuse me, Mr. Mayor.
We have approximately eighteen policemen on corners downtown. If we're
experiencing there near two to three robberies a day at that intersection and
that doesn't cry out for a beat on that corner, I don't know what does. Now,
I'm going to leave it at that but I'm going to tell you that two to three
earth day are occurring there.
Commissioner De Yurre: You know, J.L., the reason that was given to me once
why a beat wasn't there or particularly during the weekends that we had so
many police officers in the central Grove area, the reason was given to me why
didn't we have a police officer at the corner of Grand and Douglas was
because he would be too isolated and if something happened he wouldn't get
help quick enough. What about the people that get ripped off around there ?
What kind of help do they get? Yeah, it's right here on the Rocket.
Commissioner Plummer: Mr. Mayor, Mr. Manager, who pays...
Commissioner De Yurre: Right here.
Commissioner Plummer: ... for special detail in Coconut Grove on Friday and
Saturday and Sunday night? We pay for it. Would you explain to me in a memo,
sir, why none of the policemen on that special detail, who I understand we're
paying time -and -a -half, cannot answer calls in that general area? They refuse
to do it.
Commissioner De Yurre: And why they're not on Grand and Douglas.
Commissioner Plummer: That's exactly. You could put one man there, one man
there but he's got to be there twenty-four hours. I asked on September, Mr.
Manager...
Commissioner De Yurre: I'd like a copy of that memo.
Commissioner Plummer: ... next September I will remind you how many more
robberies have occurred there. I'm listening. You moved 48, I second it.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll on 48.
320 February 13, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-133
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF
1,025 FLORIDA LAW ENFORCEMENT HANDBOOKS FROM THE METRO
DADE POLICE DEPARTMENT, THE SOLE SOURCE VENDOR FOR
THESE HANDBOOKS, AT A PROPOSED COST OF $8,713 FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM
THE POLICE DEPARTMENT'S GENERAL FUND, INDEX CODE NO.
290201-760; AND AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THESE HANDBOOKS.
(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.
67. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION RATIFYING
MANAGER'S FINDING OF SOLE SOURCE FOR ACQUISITION OF MAINTENANCE SERVICES
FOR IMTEC 35MM MICROFILM CAMERA
Commissioner Dawkins: On 49, Mr. Mayor.
Mayor Suarez: Item 49, related item. Moved.
Commissioner Dawkins: No, no, Mr. Manager.
Mayor Suarez: I'm sorry, on 49, rather.
Commissioner Dawkins: Mr. Manager.
321
February 13, 1992
Mayor Suarez: Mr. Manager.
Commissioner Dawkins: Is 49 something you've already done, or something we're
looking to do?
Commissioner Plummer: It's to ratify...
Mr. Odio: This is ratifying the manager's finding of sole source. We haven't
bought the... but it's not been bought.
Commissioner Dawkins: All right. I'm going to send it back to you.
Mr. Odio: O.K.
Commissioner Dawkins: That gentleman is not the sole source.
Mr. Odio: O.K.
Commissioner Dawkins: James Service, Inc., 5349 Knob Hill Road, Sunrise,
Florida, services several brand names of microfilm cameras, including the
Imtec A01 camera. And you are saying here that this is the sole source, and
that's incorrect. So I move that this be...
Commissioner Plummer: Second.
Commissioner Dawkins:... continued.
Commissioner Plummer: Deferred.
Commissioner Dawkins: Deferred.
Mayor Suarez: Second. Any further discussion? If not, please call the roll
on the deferral of 49.
ON MOTION BY COMMISSIONER DAWKINS AND SECONDED
BY COMMISSIONER PLUMMER, ITEM 40 WAS DEFERRED
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.
322 February 13, 1992
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68. FIRST READING ORDINANCE: AMEND CODE CHAPTER 2, ARTICLE X (CODE
ENFORCEMENT BOARD), BY CHANGING THE TITLE TO: CODE ENFORCEMENT -- BY
ADDING NEW SECTIONS PROVIDING FOR: (a) CREATION OF POSITION OF HEARING
OFFICER; (b) ENFORCEMENT PROCEDURES FOR CIVIL INFRACTIONS, PENALTIES,
HEARINGS AND APPEAL, AND RECOVERY OF CIVIL PENALTIES, etc.
------------------------------------------------------------------------------
[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. TRANSLATIONS WERE MADE BY MAYOR SUAREZ AND
RITA SUAREZ.]
Mayor Suarez: Item 56.
Vice Mayor Alonso: Move it.
Commissioner Plummer: Fifty what?
Vice Mayor Alonso: Fifty.
Mayor Suarez: You want to go to 56, right?
Vice Mayor Alonso: Oh, 56? Yes, let's take it.
Commissioner Plummer: Oh, 56. I'm sorry.
Mayor Suarez: Father Jose Luis Menendez, I don't know if you're here on your
own, or if you've got lawyers, and bureaucrats, and high -paid consultants, but
I do know you've got a lot of people with you.
Vice Mayor Alonso: He brought the entire community!
Mayor Suarez: It's, in a sense, really our item, I suppose, but I think that
we ought to hear from you since you've taken the time to come.
Rev. Jose Menendez: I would like only to be here in favor. All the members
of PACT(People Acting for Community Action) in the northwest, you know, in
favor of the ordinance, you know, of course, and they once told me it is good
to say Commissioners hit hard in the northwest, you know, when they want to
shoot you. DELE FUERTE AL NORTHWEST. We need it, you know. Stronger
enforcement will help us with...
Commissioner Plummer: I'll move item 56.
Mayor Suarez: So moved.
Vice Mayor Alonso: I second for discussion, please.
Mayor Suarez: Seconded for discussion. Vice Mayor Alonso.
323 February 13, 1992
0
Vice Mayor Alonso: I have some problems. I'm going to vote for it on the
first reading, but I have some concerns. For example, page 11, when we're
talking about false alarms. It is a contradiction of other things that we
have done. So I believe that we have to have the ticketing system, but we
have to be very careful not to put excessive amount of government, and also
duplication of things that we have done before. This morning, we said, in
reference to the false alarms, and here we have third and fourth false alarms
in a period of twelve consecutive months - $200. Then we vote for the fifth,
$500 - sixth, $500. We really have to go over it.
Mayor Suarez: We have to make this consistent with the ordinance that...
Vice Mayor Alonso: Yes. Because otherwise it will be impossible to enforce,
and it will not do any good.
Mayor Suarez: We have to make it consistent with what we did this morning.
Commissioner Plummer: Mr. Mayor, this ordinance which has been drafted by the
City Attorney's office in reference to alarms, primarily speaks - this one -
as an amendment to those who do not have a permit.
Mayor Suarez: Do not have the permit at all.
Vice Mayor Alonso: Yes.
Commissioner Plummer: O.K. Now, what they're saying here, I'd love to see
that pass.
Vice Mayor Alonso: The situation as I see it, I think that in many instances
it's dangerous giving the power to some of our inspectors to carry on with the
ticketing system, and I see some good points, but I would like to reserve the
right to work with the administration, as well as the community.
Mayor Suarez: For second reading?
Vice Mayor Alonso: Yes. In some of the items. I second the motion.
Mayor Suarez: Very good.
Ms. Catherine Irvine: Good evening, Mayor...
Mayor Suarez: Go ahead.
Ms. Irvine: Commissioners, City Manager, and everybody. I'm here today to
speak on cleaning up our City. But first I would like to ask, please all PACT
members stand.
Mayor Suarez: TODOS LOS MIEMBROS DE PACT SE PAREN.
Vice Mayor Alonso: TODO EL MUNDO.
Ms. Irvine: Let's give them a hand.
324 February 13, 1992
r
f
�e •
(APPLAUSE)
Mayor Suarez: It's a shame that we can't get a picture of all of you to be
front page in the Herald tomorrow! Wouldn't that be nice? You have a
beautiful group of people, and a rainbow coalition, I might add.
Ms. Irvine: Well, listen. I'm asking for a "yes" on what I'm going to talk
about. Living here for almost fifty years in Miami. I worked for Mr. H.J.
Ross, Mr. & Mrs. H.J. Ross Associates. I raised our four daughters here,
living on the Beach for about ten years. You go into the City of Miami Beach,
you see the beautiful flowers, no abandoned cars and tires. It just makes me
feel good going back and forth to work, and I lived with them, too. Then we
moved to one -twenty Lucadendrum Drive, Gables Estate, and that's a beautiful
place. I lived there, too. I enjoyed living there. And I said this: I would
wish we could make our City look beautiful like that. It made me feel good.
And as I said this, we want to support this law because it is right, to clean
up our City. Get rid of all those abandoned cars in the vacant lots where the
thieves can hide and bother we senior citizens as we go into our places to
live, hiding in the cars, hiding in growed [sic], areas. I think we should
get a "yes, clean up the City, there." I was looking at Mayor Suarez, how he
came out to our place, but I wasn't living over there, in New Haven, and how
he got up and swung up the sign "New Haven", took the name "graveyard" from
off of it. So we want to...
Mayor Suarez: What was the name of the Mayor at the time? What was the name
of the Mayor of New Haven at the time?
Ms. Irvine: He called it the graveyard.
Mayor Suarez: No, the mayor... oh, you're talking about... O.K.
Ms. Irvine: That's right, in HUD. And what a wonderful day we have. So,
just like he did that, I would like for you all to give us a yes. Let's clean
up these old abandoned houses where these thieves are hiding and dope addicts
are hiding to do so harm to us, and take our money, and take other people's
money, and sometimes take their lives. Let's make our City beautiful. Let
flowers grow. Plant flowers. Make it look beautiful. So our younger
generation, when they come on, they will see that we had a beautiful place to
live in. I want to thank you.
Mayor Suarez: Very good.
(APPLAUSE)
Ms. Ofelia Ortega: BUENAS NOCHES, SENOR ALCALDE, BUENAS NOCHES, SENORES
COMISIONADOS, SENOR ADMINISTRADOR, PUBLICO EN GENERAL MI NOMBRE ES OFELIA
ORTEGA. SOY RESIDENTE DEL 1345 N.W. DE LA ZONA DE ALLAPATTAH. PERTENEZCO A
LA PARROQUTA DE CORPUS CHRISTI Y SOY MIEMBRO DE PACT.
TRANSLATION: Good evening, Mr. Mayor, Commissioners, Mr. Manager. My name is
Ofelia Ortega and I'm a resident at 1345 something -or -other, in Northwest
Allappattah.
Mayor Suarez: SENORA, CON SU PERMISO, we have a very, very good interpreter
here, a professional translator, behind the Manager. If you would do us the
325 February 13, 1992
honor, Rita. She's a certified court interpreter and has done this many, many
times. Did we lose her? Father Menendez, You have to say it on the mike.
Ms. Ortega: MI NOMBRE ES OFELIA ORTEGA. SOY VECINA DEL 1345 N.W. 31 CALLE,
ZONA DE ALLAPATTAH. PERTENEZCO A CORPUS CHRISTI CHURCH. SOY MIEMBRO DE PACT.
HACE MAS 0 MENOS DOS ANOS Y MEDIO, QUE PACT SOLICITO AYUDA DE USTEDES PARA
LIMPIAR NUESTRA ZONA DE BASURA Y DE CASAS DE CRACK. CON TANTO EXITO Y TAN
POCO TIEMPO SE NOTO EL CAMB10, POR LO QUE TANTO NOSOTROS COMO NUESTRA
COMUNIDAD ESTA MUY AGRADECIDA. EN TODO ESTO HA QUEDADO UNA GRAN CANDIDAD DE
TERRENO VACANTE. CON LA NUEVA LEY QUE NOSOTROS APOYAMOS CON ENTUSIASMO, SE
SUMARAN OTRA NUEVA CANTIDAD DE TERRENOS QUE SON RESPONSABILIDAD DE LA CIUDAD,
Y CREO QUE TAMBIEN NUESTRA - PORQUE ES NUESTRA CIUDAD Y NOS GUSTARIA VERLA
BELLA. ESPERAMOS QUE ESTOS TERRENOS SE UTILICEN EN BENEFICIO DE LA COMUNIDAD
PORQUE, QUE PASARIA SI NO FUESE ASI? ESTARIAMOS RETROCEDIENDO DE TODO LO QUE
HEMOS AVANZADO, PUES ESTOS LOTES SERIAN ALOJAMIENTO DE CRACK HOUSE, DE BASURA
Y CASAS ILEGALES. POR ESO PACK, SINTIENDOSE DEFENSOR JUSTO QUEREMOS
PRESENTARLES ESTA NUEVA PROPOSICION POR LA CUAL USTEDES SE LES HA SUMINISTRADO
UNA COPIA QUE DICE ASI, QUE LA COMISION INSTRUYA AL ADMINISTRADOR PARA QUE
DESIGNE - VA REPRESENTANTE DEL DEPARTAMENTO LEGAL, DE FINANZA, VIVIENDA PARA
QUE DESARROLLEN UN PLAN DENTRO DE TRES PROXIMOS MESES PARA EL USO DE ALGUNAS
PROPRIEDADES REDIMIDAS DE HIPOTECAS PARA VIVIENDAS ECONOMICAS PARA LAS
PERSONAS DE BAJOS RECURSOS. EL AGRADECIMIENTO ES VERDADERO DE NUESTRO APOYO
PORQUE SE LE DA AL PUEBLO AL FAVOR DE UN TRIUNFO PARA LA COMUNIDAD Y PARA LA
CIUDAD. ESTOY SEGURA QUE USTEDES QUE SIEMPRE DAN APOYO A ESTO VOTARAN SI POR
LA NUEVA LEY Y POR NUESTRA SUGERENCIA. GRACIAS.
TRANSLATION: My name is Ofelia Ortega. I live at 1345 N.W. 31st Street in
the Allapattah area. I belong to the Corpus Christi parish and I'm a member
of PACT. More or less two and a half years ago PACT solicited or asked for
your help to clean our area of trash and the crack houses. With a lot of
success and in a short time, we noticed a change. That is why we, in our
community, are very grateful. Even so, we have a lot of vacant lots. With
the new law that we are supporting enthusiastically, another amount of lots
that are the responsibility of the City will be added to this. And I think
that also ours, because it is our City and we would like to see it beautiful.
We hope that these lots will be used for the benefit of the community, because
what would happen if it wasn't that way? We would be backtracking everything
that we have advanced up to now, because these vacant lots would be a place
to store all kinds of illegal things and trash. That is why PACT, feeling
that they are the defendants of the things that are fair, we would like to
present to you, show you a new idea, a new proposition by which we have given
you a copy that says as follows: "That the Commission instruct the
administrator so that he may assign a department representative - legal,
finance, housing - so that they may develop a plan in the following three
months for the use of some of the properties that have mortgages for economic
housing for people who have low income. I greatly appreciate the support that
you have always given to the community. I am sure that we will be successful
for the community and for the City. I am sure that you, who have always
supported this will vote yes for the new law and for our suggestion. Thank
you.
(APPLAUSE)
Commissioner Plummer: Let me ask a question, Mr. Mayor. Mr. Manager...
326 February 13, 1992
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: This will be a process of issuing a ticket similar to
that of a ticket being issued by a policeman for a traffic violation.
Mr. Odio: Yes.
Commissioner Plummer: O.K. What happens if the ticket of this violation
notice is issued, they do not pay.
Mr. Odio: We have to place a lien on the property.
Commissioner Plummer: Now, that means nothing. At the present time, my truck
with the Code Enforcement Board is, they've got 22 million dollars worth of
liens, O.K.? Now, I don't want these people to go away from here tonight
thinking that just because tomorrow morning when this ordinance goes in and a
ticket is issued, that anybody is necessarily going to comply. I'm saying to
you, if you don't have some more teeth to put into this... You know, if you
have a traffic violation and you don't appear for that traffic violation, a
court order is issued for your arrest.
Mr. Odio: We need your help on this one.
Commissioner Plummer: Well, excuse me, now...
Mr. Odio: I'm serious. There is a Florida Statute that has to be changed.
Commissioner Plummer: Sir, I'm saying to you, that these people tonight,
going away from here, are going to think that this is going to make a big
difference. In some cases, it will - with people of good character. But when
I take you down to 3241 Florida Avenue, which was just this week cleaned up,
and show you that on September 18th a notice of violation - last year - was
issued. And 18,000 dollarsworth if fines were accumulated from September to
February. Nothing was done.
Commissioner Dawkins: And no money was collected.
Commissioner Plummer: And, I guess, no money was collected. Now, I'm saying
to you, I'm serious about this. I think it should be, but there's got to be
some clout. And if there is no clout, then we are spinning our wheels. We're
putting more bureaucracy, we're going to hire more people to go out and issue
these tickets. And they're not going to mean a damn thing.
Mr. Odio: Well, they are aware of this, because we went...
Rev. Menendez: If you would let me respond to you on one point.
Commissioner Plummer: Sure.
' Rev. Menendez: I agree with you. The problem is the second ordinance that
we've presented now is because with this - what we have now is empty lots
which don't belong to anybody, or belong to a bank, or belong to people who
live in North Carolina, South Carolina, in any place, who are not living in
Miami. What happens is they come to be garbage places, overgrown lots. What
327 February 13, 1992
happens? You have an inspector, and the inspector goes, say, you know, it is
illegal, put a lien to the property, and we cannot do anything. With this,
what we try to do is that after those ten days that they have the $200, that
they have a fine of $2,000. The City of Miami has the possibility to go to a
foreclosure. That's what we want.
Commissioner Plummer: To a what?
Rev. Menendez: To a foreclosure to the property. If the property is
abandoned and nobody cares, we can start the process to see if that property
don't belong to anybody, or is already paid, we can enforce. Because what
happens now is that people who have...
Commissioner Plummer: How long after the ticket is issued, and how long after
that it's not paid, can you start foreclosure procedures? Twenty-four months,
O.K.?
Rev. Menendez: It has to be shorter than that. This is very small.
Commissioner Plummer: I'm telling you, this is your problem.
Rev. Menendez: No, no, no. What we would like is after the fine is put, you
know, and it's finished, to start the process as soon as possible to see to
whom it belongs, because it probably don't belong to anybody. Nobody cares
about that property.
Commissioner Plummer: No, no, no. Every piece of property is titled, I'm
sure of that.
Rev. Menendez: We have a case where we have a house - and Mr. Canton is
here - a lady was robbed in that house. She ran away and she went to the
north and she don't want to have anything to do with that property again. We
have the property in our hands, and what do we do with this?
Commissioner Plummer: It's still entitled in somebody's name. It's got to
be.
Rev. Menendez: But the only thing that the City can do is to put a lien to
the property.
Commissioner Plummer: But putting a lien doesn't accomplish what you're
trying, and what we want to do.
Rev. Menendez: Sure. It needs to be
stronger than that.
Commissioner Plummer: You know, here
again, we're spending
a million dollars
right now in code enforcement and the
only that we really have
to show for it
is twenty-two million dollars in liens. That's what we've
really got to show
?+
for it. And I'm telling you that to
me is creating more
cost to the City,
more cost without having any clout.
Rev. Menendez: If you can put it harder for those people,
especially banks,
who own that areas, because an empty
space, an abandoned lot
in the City of
-
Miami means a dangerous place.
328
February 13, 1992
Commissioner Plummer: Father, I agree with you.
Mr. Odio: Let me correct something.
Commissioner Plummer: I agree with you, but I'm saying to you that if it's
nothing more than placing a lien on the property you're not accomplishing
anything. And that's the story with the code enforcement, now.
Commissioner De Yurre: Let me ask a couple of questions.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: Do we have in place, with this program, a procedure
that we can just... Do we sell the lien? At what point in time do you sell
the lien? After the ninety days, or what?
Commissioner Plummer: They're not going to buy it.
Commissioner De Yurre: First of all, what notice do we give to ensure that
due process is observed? Earth to City Attorney's department!
Commissioner Plummer: What do you do, mail it to them?
Commissioner De Yurre: Hellol
Mr. Rodriguez: I'm waiting for the legal...
Commissioner De Yurre: Legal department... What process do we have, or what
is the procedure to ensure due process as far as notices are concerned in this
situation?
Mr. Jones: As it pertains to this ordinance?
Commissioner De Yurre: Yes.
Pamela Pride-Chavies, Esq.: The due process that's involved is the same as
with a ticket. They get a notice. They get a certain amount of time to
respond to the citation itself.
Commissioner De Yurre: How do we know that they received the notice? Do you
send it certified?
Ms. Pride-Chavies: It is either posted on the property or they sign for the
violation when it is received.
Commissioner De Yurre: O.K., and that covers due process?
Ms. Pride-Chavies: That's correct.
Commissioner De Yurre: You place it on the property. How many days after
that? What's the next step?
Ms. Pride-Chavies: The...
329 February 13, 1992
4 :0
Commissioner De Yurre: Because I can see due process, if somebody lives in
North Carolina, and you post something on the property, you know...
Ms. Pride-Chavies: O.K., after the notice is received, within ten days, if
they do not respond by filing for a request for a hearing, then the process of
fining will be implemented.
Commissioner De Yurre: And then what?
Ms. Pride-Chavies: After the process of fining is implemented, it will go for
a certain number of days, the fine is capped, and the lien, after the required
number of days, is imposed, foreclosure proceedings will ensue.
Commissioner De Yurre: How long are you looking at this procedure? How long
is this procedure?
Mr. Rodriguez: After three months of filing the lien, then we can go in and
we may to try foreclosure at that time.
Commissioner De Yurre: You serve the notice, in ten days the fines trigger.
Is that what you're saying?
Ms. Pride-Chavies: That's correct.
Commissioner De Yurre: And they go on for how many days?
Mr. Rodriguez: The fine could be triggered immediately, if it is an obvious
case in which we have a problem.
Commissioner De Yurre: O.K., so how many days do we go with the fines before
we cap it, and then move into a lien position?
Mr. Rodriguez: We try to cap the amount on $12,500, or ten percent of the
cost of the property.
Commissioner De Yurre: So when you reach either of those amounts...
Mr. Rodriguez: Either one. And then at that point...
Commissioner De Yurre: How do you determine the value of the property to get
that ten percent?
Mr. Rodriguez: We have an assessed value which we get from our tax records.
Commissioner De Yurre: So you go by the assessed value that exists on the
property.
Mr. Rodriguez: Assessed value. Right.
Commissioner De Yurre: Once you reach that amount...
Mr. Rodriguez: At that point we cap the amount so that we don't keep
increasing this figure.
330 February 13, 1992
Commissioner De Yurre: O.K.
Mr. Rodriguez: And then at that point, if the person has not appealed within
that period of time, then at that point, we go through the process of filing.
We have to do the title search, and so on, right? To do the process of
filing, the lien on the property, and then after we file the lien - three
months after, we foreclose.
Commissioner Plummer: Now...
Mayor Suarez: Wait, wait.
Commissioner De Yurre: Let me follow this process.
Mayor Suarez: When he's finished the inquiry, Commissioner Dawkins and
Commissioner Plummer.
Commissioner De Yurre: Why do we have to wait till you reach a certain amount
before you start the lien procedure, or the next step? How long will it take?
We're talking about, what, $25 and then you get to twelve thousand?
Mr. Rodriguez: No, no.
Commissioner De Yurre: Is is a hundred, two hundred? I know there's a whole
bunch of different items here.
Mr. Rodriguez: There's a schedule over here showing the different costs. It
goes from one hundred... In some cases it's $50 and in others it's $100 per
day. In other cases it's $200 per day. The reason we do that is because what
we are trying to accomplish is trying to get the person to comply. That's the
main purpose of anything we do.
Commissioner De Yurre: Usually people don't complain until they have a gun
put to their head!
Mr. Rodriguez: Most of the time - 82 percent of the time we get compliance.
Commissioner De Yurre: How many?
Mr. Rodriguez: Eight -two percent. In the case of the code enforcement...
Commissioner Plummer: Eight -two percent - you know what brings that about,
don't you? They reduce the fines to little or nothing, and they give them
forever to come into compliance.
Mr. Rodriguez: No, J.L., that's not the purpose.
Mayor Suarez: The purpose is not to collect money from people. The purpose
is to get them to comply. And he's saying that 82 percent of the time they do
comply.
Commissioner De Yurre: Yes, but understand this. At $50 a shot to reach
$12,500...
331 February 13, 1992
Mayor Suarez: By whatever means. Well, it takes a little longer than we'd
like it to.
Commissioner De Yurre: Yeah, I mean, like, it's ridiculous.
Mr. Rodriguez: But we are also...
Commissioner De Yurre: Why can't we put a time - like thirty days, or
whatever? - for them to...
Mr. Rodriguez: I believe we cap it at twenty-five days, too, right? Twenty-
five days cap.
Commissioner De Yurre: O.K., so it's 25 days or ten percent, or twelve -five.
Mr. Rodriguez: Or twelve thousand five hundred.
Commissioner De Yurre: O.K., so now we've, so we've got... Let's say you get
to the twenty-fifth day, then what?
Mr. Rodriguez: At that point, when we have that amount, then if the person
does not appeal, then we start the title search and then at that point we
start the process of cleaning the property. If the property's a homestead
exemption, there's no foreclosure that we can do. Right?
Commissioner De Yurre: Yes, you just put the lien...
Mr. Rodriguez: If it is not a homestead exemption, then we
go with the
process of foreclosure, and in three months, we foreclose.
Commissioner De Yurre: In three months. And what do you
do with the
property? It goes to the City. Now we're not selling the
liens, right?
We're keeping the liens.
Mr. Rodriguez: I'm sorry the finance department is not here now
because my
understanding was that we sell the liens.
Vice Mayor Alonso: We sell them?
Mr. Rodriguez: I know that we have sold liens before.
Commissioner De Yurre: So now we sell... So we don't get the property.
Mr. Rodriguez: We get the property if we want, at that point,
if we want to
get the lien, and we take the money for the lien.
Commissioner De Yurre: But then that does not cure the problem, because if
somebody bought the lien, they could just sit on that lien and nothing happens
to the property. That's a fault right there - inherent fault - in the
process.
Vice Mayor Alonso: We have to maintain the lien in order to be able to
foreclose.
332 February 13, 1992
Commissioner De Yurre: We have to keep it, foreclose, and then we can sell if
we want.
Commissioner Plummer: They're going to discount it if they sell them.
Commissioner De Yurre: Or keep it. Use it for housing, you know. Clean
those lots and have scattered housing. You can do a number of things, but if
you're going to sell the liens, then you are taking right out of the process,
that what we want, which is to clean up in the City. So I don't see- it
doesn't make any sense to sell the lien. If we're going to do anything, we've
got to hold on to it and go through the procedure and then we clean it up and
we can sell it, or develop it, or whatever.
Mr. Rodriguez: The thing is, how much property are we going to keep, and how
much property are we going to take out of the tax rolls? Sometimes when we
sell the lien, at least the property gets...
Commissioner De Yurre: You're going to sell it. You're going to sell it.
Commissioner Plummer: Turn round and sell the property.
Vice Mayor Alonso: Affordable housing is very much needed in the City of
Miami.
Mayor Suarez: Wait. Well, we have... yeah, and that's one way to proceed.
Vice Mayor Alonso: Give it to the people.
Mayor Suarez: Commissioner Dawkins wanted to ask questions.
Vice Mayor Alonso: Very reasonable prices.
Mayor Suarez: And then Commissioner Plummer, Vice Mayor.
Commissioner Dawkins: What happens if you foreclose on a piece of property
and the bank has a mortgage on it? What do you do then?
Mr. Rodriguez: I think we have a position on what number - where the position
number - number three, or whatever it is...
Commissioner Plummer: Last.
Mr. Odio: In order to - Herb was just telling me - if we foreclose and there
are other tax liens on the property then we have to pay them off.
Commissioner Dawkins: I'm not talking about tax.
Mayor Suarez: Mortgages, mortgages, is what he asked.
Commissioner Dawkins: A mortgage.
Mr. Odio: We would have to take a position.
333 February 13, 1992
i
Commissioner Dawkins: So what does that accomplish?
Mayor Suarez: Not a heck of a lot, nol
Commissioner Dawkins: You take a position, and the house remains there, andZZ
-
the violation remains there, and you took a position.
Commissioner Plummer: That is the point I'm trying to make.
Mr. Odio: You're right, Commissioner. But the Mayor said it right. The
intention of the law is not to foreclose or to collect monies, but to try to
get them to clean it up.
Commissioner Dawkins: The law is for these citizens, my neighbors, a decent
neighborhood by removing eyesores. That's the object.
Mayor Suarez: Right.
Commissioner Dawkins: So now, all this other stuff... All I need to know is
how can you enforce what you have here to do that?
Mayor Suarez: The two worst scenarios, is the one you present, one of them
where the mortgage - the first mortgage, or second mortgage - is so huge that
it is worth more than the property...
Mr. Rodriguez: Right.
Mayor Suarez: ...in question. Or, the situation where our lien is worth more
than the empty property there, in which case...
Mr. Rodriguez: This happens all the time.
Mayor Suarez:... we end up with more properties for our inventory, out of the
tax rolls, and then, unless we come up with affordable housing, or some other
worthwhile things, we just have raw land in our inventory. So those are the
two worst case scenarios. Most of the time, I think, we'll end up with
something of value so we can either collect on our lien, or end up with a
property that we can do something with. Sell it right back...
Mr. Rodriguez: Mr. Mayor, I think, really, most of the time we get
compliance.
Mayor Suarez: Yes, really. And then 82 percent of the time we get compliance
which will be even better, and the rest of the time we might end up with some
properties that really are worth keeping.
Mr. Rodriguez: I think Commissioner Plummer...
Vice Mayor Alonso: Yes, and vacant lots usually don't have mortgages. It's
often enough...
Mayor Suare: And vacant lots very seldom have mortgages.
Mr. Rodriguez: Commissioner Plummer mentioned something the other day...
334 February 13, 1992
Mayor Suarez: ...May have other liens but not...
Vice Mayor Alonso: ...They have liens, but not mortgages.
Mr. Rodriguez: ...that I would like, maybe the Law Department to explore,
which is the possibility of going to the Small Claims Court. I don't know _
what is involved in that. I don't know that part, but it might be worth
pursuing, at least when we have the second reading, that we can have an answer
on this to see what is involved from the point of view...
5
Commissioner Plummer: I think it would be excellent.
Mr. Rodriguez: I really don't know enough about it.
Mayor Suarez: And do it ourselves. Let's not be farming out, you know, small
claims to other lawyers and creating all kinds of expenditures. We can do
that ourselves. I see Pablo eager, with all the PACT people helping out, to
take those cases. And I think you can actually - if we get really creative -
you can actually create some of you as agents for the City of Miami to go to
court on small claims case and act as our representatives. We only have to
send staff over there, if we can get that many really sharp people. And I
think Father Menendez would be the best one to go because, you can imagine,
the judges are all going to give him whatever he wants, so it would be really
good.
Commissioner Plummer: What do you do in the case of a homestead that you
can't foreclose on?
Mr. Rodriguez: Well, in that case, what we have is a lien and if we cannot
get any compliance from the property owner, is the option that we have of
maybe trying to see whether we can go to small claims.
Commissioner Plummer: What do you do in reference to a renter on a piece of
property?
Mr. Rodriguez: That particular situation was asked from me from Commissioner
Alonso, and I think that's one of the things that I believe also... Maybe, do
you have an answer already?
Mr. Jones: I think, under the ordinance, what you do is you cite either the
violator - meaning the person who may be renting the property - and/or the
owner, if the owner can be identified. So you can do one or the other, or
both, really.
Commissioner Plummer: If you cite the violator, the guy that's doing the
renting, he won't give a damn. You've got nothing to attach. What are you
going to attach?
Mr. Duke McBride: His other real, personal property.
Mr. Jones: Well, you could always attach any personal property he had, if you
got a judgment. That would be the whole purpose of going to court.
335 February 13, 1992
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Commissioner Plummer: Don't hold your breath on that.
Mayor Suarez: J.L., we've got a second reading coming up, and the Vice Mayor
wanted to say something, and we really...
Commissioner Plummer: Wait a minute. I want to ask one other question.
Mayor Suarez: Oh, I was afraid of that.
Commissioner Plummer: How much more is it going to cost to administer this
ordinance, and are you going to use the Fire Department, as you did before?
Mr. Rodriguez: O.K., what we're trying to do is, from the staff point of
view, it's the same staff that we have the same inspectors that will have
different tools to use. Either we go with a fine, or in some cases, we'll go
with a code enforcement violation to be taken to the Code Enforcement Board.
We do have a cost of the zoning hearing examiners that we will pay $150 per
day, and that person, he or she will hear so many cases per day for a flat
fee, that we have done before. We estimate that amount to be close to $4,000
a year.
Commissioner Plummer: Have you given consideration, where they set about the
northeast and they want the same? You used the Fire Department to go in and
do the inspections. Is that the case here?
Mr. Rodriguez: Yes, we have inspectors. This doesn't cover only Building and
Zoning. It covers inspection from the different departments.
Commissioner Plummer: I'm asking you again...
Mr. Rodriguez: Yes, the Fire Department, yes.
Commissioner Plummer: Thank you, sir.
Mayor Suarez: Right, Vice Mayor Alonso.
Vice Mayor Alonso: As you see, we have a lot of work ahead of us. We have to
be very careful how we are going to implement what we have now in this
ordinance. And, also, I go back to the rentals. I think that is a serious
problem. They go from one property to the next. Also, remember, even when
the owner wants to evict a person, it takes sometimes seven, eight, ten
months. So that is a serious problem. We have to develop a system that we
make these people understand that we're going to get after them, not only the
property owners, but them as well, so that we put some teeth into this
ordinance.
Mr. Rodriguez: I agree this is not a perfect solution. I think this is one
more way of handling it that maybe will make it faster.
Mayor Suarez: But we can make some improvements between first reading and
second reading.
Mr. Rodriguez: For sure. We're going to do that.
3
336 February 13, 1992
Commissioner Plummer: Let me ask you a question.
Mayor Suarez: Oh, nol
Commissioner Plummer: You have here - one of the ordinances says a $500 fine
for operating a sidewalk cafe with a permit.
Mr. Rodriguez: What page are you?
Commissioner Plummer: Page 29, 54-108. If you have a permit to operate a
sidewalk cafe, why would there be a $500 fine?
Mr. Rodriguez: Public Works is telling me there was a mistake. It should
have been without a permit.
Commissioner Plummer: It do make a difference.
Vice Mayor Alonso: They have several like that.
Mr. Rodriguez: We'll take care of that.
Vice Mayor Alonso: That's what I was referring to.
Mr. Rodriguez: We'll work with you. Please, if you have - Commissioner
Plummer, or any other commissioners, if you have anything that you would like
to work on this with us, please let us know, so that we work with you all.
Vice Mayor Alonso: That's why I said we have a lot to...
Commissioner Plummer: Have your sidewalk cafe, but don't take out a permit,
then you don't get fined!
Mayor Suarez: We have a motion and a second. Any further discussion? Mr.
McBride - may as well put something on the record, sir. I can't imagine what
could possibly be added to this discussion of any more...
Mr. McBride: Well, I have just a few items to try and address here. First of
all, my name's Duke McBride, 200 S.W. 25th Road. As poorly as I've been doing
here today, I still have been entrusted by the Code Enforcement Committee of
the Miami Rhodes Neighborhood Civic Association, as well as the homeowners'
groups in the Miami Coalition of Homeowners to express their desire to have
this particular ordinance passed. I also am a sitting member of the Code
Enforcement Board of the City of Miami, and I also, at my own expense, went to
Tallahassee at the beginning of the session to lobby two pieces of legislation
that will further enhance the City's ability to enforce the liens that we have
imposed upon property owners in violation of the Code of the City of Miami.
Mayor Suarez: Very good.
Mr. McBride: And, you know, to answer a few questions here that were raised
tonight. First of all, this particular system...
Mayor Suarez: Don't get too wound up. We love what you're doing, we love the
support - he's supporting the ordinance. He went to Tallahassee and gave
337 February 13, 1992
additional input on possible legislative changes, but there are some things
that have to be done between first and second reading. You can do that
directly with staff, Duke, because we're got a few other items tonight, and
we're getting pretty close to 9:00 p.m.
i
Mr. McBride: Very good.
Mr. Gonzalez-Goenaga: Half a minute.
i Mayor Suarez: Half a minute, Mr. Gonzalez-Goenaga.
Mr. Gonzalez-Goenaga: Citizens...
i
Mayor Suarez: He's becoming such an expert on these matters, pretty soon
we're going to have to put him on staff.
Mr. Gonzalez-Goenaga: What has not been told here to you is that we really
need - and I have been through that area, and it is extremely dirty - but, the
problem is these five commissioners... where we have... Look, 85 employees -
I'm not including them because they are... I don't know how they get their
money - 85 employees of the City of Miami eat or swallows ten million dollars.
That means five percent of the budget of the City of Miami. Bureaucracy! And
they are very good readers of E1 Miami Herald and El Nuevo Herald. So that's
why there is not enough money to clean the cities. That's why there is also
budget problems, and that's why the Mayor wants to raise taxes, because we are
the ones - the "Juan Bobos" of this town. I urge you citizens to come here
every Thursday and raise hell against these commissioners! Please, not today
only, always, and get them out of office!
Mayor Suarez: Father, you can answer if you want, but I...
Vice Mayor Alonso: Now you make them lose our vote.
Commissioner Dawkins: Don't dignify him with an answer.
Rev. Menendez: No, no, the only thing I would say is only this. I appreciate
what you have done. You have put stronger points in this ordinance, but
especially we would ask you - What you said is right. We need to have
something done with those empty properties. We are doing to have some
properties we don't know what to do with them. It will be good, for that
reading, can we have some kind of instruction to the City Manager to bring us
some kind of things that he can do with those empty properties that you were
talking about? Because we are in favor of the strongest measure, but we want
also those empty lots to have something for them. We don't want empty lots in
our City. What we want is normal people, as you all Commissioners have said.
Thank you very much.
Mayor Suarez: Some of them, by the way - this is maybe not what people
consider to be the most creative, but sometimes is needed. Some of them can
just be fixed up into little mini -parks while we figure out what to do with
them next. And if, you know, we get a lot of contributions of trees and so
on, as long as we can maintain them, and you've got so many people here to
help with that task, that...
338 February 13, 1992
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Vice Mayor Alonso: And if we want to be creative, you say that some of the
property owners don't really want to maintain the property. They don't care.
They don't want the property. Have we tried to contact them and see if they
can even make a donation?
Rev. Menendez: You know, if...
Vice Mayor Alonso: I'd be willing to start working on that.
Rev. Menendez: O.K., perfectly. You know, we are willing to accept any of
your things - any suggestions to make of those people affordable houses, or
whatever, you know, that can pay taxes.
Vice Mayor Alonso: And then give it to the people.
Rev. Menendez: Empty lots...
Mayor Suarez: Ultimately, we'd like to build something worthwhile on them.
Rev. Menendez: Sure.
Mayor Suarez: O.K. Thank you father, once again, and thanks to all of you.
We're going to call the roll and vote, to make sure it passes, first. Call
the roll, madam City Clerk.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE X, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED" CODE ENFORCEMENT BOARD", THEREBY CHANGING
THE TITLE OF SAID ARTICLE TO "CODE ENFORCEMENT", AND
BY ADDING NEW SECTIONS 2-401 THROUGH 2-409 TO PROVIDE
FOR: (A) THE CREATION OF THE POSITIONS) OF HEARING
OFFICER(S); (B) QUALIFICATIONS, APPOINTMENT, AND
COMPENSATION FOR SAID OFFICERS; (C) ENFORCEMENT
PROCEDURES FOR CIVIL INFRACTIONS, PENALTIES, HEARINGS
AND APPEAL, AND RECOVERY OF CIVIL PENALTIES; FURTHER
PROVIDING THAT PROVISIONS OF THIS ORDINANCE ARE
SUPPLEMENTAL TO OTHER CODE ENFORCEMENT PROVISIONS AND
PROCEDURES; PROVIDING A FEE SCHEDULE OF CIVIL
PENALTIES; PROVIDING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Vice Mayor Alonso
and was passed on its first reading by title by the following vote:
339 February 13, 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.
Mayor Suarez: Thank you, everybody. Buenas noches.
69. AUTHORIZE INCREASE OF CONTRACT WITH PINO-FONTICIELLA & ASSOCIATES, INC.
BY $15,000 (TO $141,625.10), FOR CURTIS PARK REDEVELOPMENT - COURTS
PROJECT B-2983-A (CIP 331353) -- RATIFY MANAGER'S FINDING OF AN
EMERGENCY.
Mayor Suarez: Item 50.
Vice Mayor Alonso: Fifty. Move it.
Commissioner Plummer: What is 50?
Commissioner Dawkins: Second whatever it is. Second 50.
Mayor Suarez: Item 50 has been moved.
Commissioner Plummer: Second.
Vice Mayor Alonso: Second.
Mayor Suarez: Wait a minute.
Commissioner Dawkins: Hold it. That's Victor De Yurre's park. I don't know
if I don't second that or not.
Mayor Suarez: It's been moved by Commissioner Dawkins...
Commissioner Dawkins: No, it was Vice Mayor Alonso. I second.
Mayor Suarez: OK. Vice Mayor and seconded by Commissioner Dawkins. Call the
roll on 50.
340 February 13, 1992
i
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-134
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT NOT TO EXCEED $15,000, IN THE CONTRACT BETWEEN
THE CITY OF MIAMI, FLORIDA AND PINO-FONTICIELLA &
ASSOCIATES, INC., DATED JUNE 10, 1991, FROM
$126,625.10 TO $141,625.10, FOR THE CURTIS PARK
REDEVELOPMENT -COURTS PROJECT B-2983-A, CAPITAL
IMPROVEMENT PROJECT NO. 331353, WITH SAID FUNDS TO BE
PROVIDED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO.
10928 FROM FUNDS ALREADY APPROPRIATED TO THE PROJECT;
FURTHER RATIFYING THE CITY MANAGER'S WRITTEN FINDING
THAT THE HEREIN INCREASE RESULTED FROM EMERGENCY
CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF FOUR -FIFTHS OF
THE MEMBERS OF 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 Dawkins, 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.
70. AUTHORIZE CONTRIBUTION OF $100,000 AS MATCHING FUNDS TO AN EXISTING
STATE GRANT ($229,425) TO THE CITY FOR FIRST PHASE RESTORATION OF THE
HISTORIC OLD FIRE HOUSE NO. 2 -- ALLOCATE FUNDS FROM 16TH YEAR CDBG
PROGRAM CONTINGENCY FUNDS -- AUTHORIZE MANAGER TO SUBMIT AN AMENDMENT TO
16TH YEAR CD FINAL STATEMENT.
Mayor Suarez: Item 51 has been moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Any discussion on 51? If not,...
Commissioner Plummer: Wait a minute. On 51?
Mayor Suarez: ... please call... Yes, Commissioner.
341 February 13, 1992
1%,
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Commissioner Plummer: Wait, wait.
anybody here to discuss the item?
Mr. Frank Castaneda: Yeah.
I've got discussion on 51. Is there
Commissioner Plummer: Who owns that property?
Mr. Castaneda: City of Miami.
Commissioner Dawkins: City of Miami.
Vice Mayor Alonso: We do.
Commissioner Plummer: OK. But they're going to turn it into a historic
museum.
Mr. Castaneda: Run by the Fire Department.
Mr. Odio: By the Fire Department.
Commissioner Plummer: All right. Frank, are you aware of the amount of
vandalism that is going on? Who is... Are you putting a burglar alarm in that
place?
Mr. Castaneda: I believe so. Here's the Fire Department.
Commissioner Plummer: We put, Mr. Mayor, we put four fire trucks in that
place to store them. And I want to tell you we had little of those fire
trucks left. Now you're putting into this thing, right off the bat, three
hundred and twenty-nine thousand dollars. I can assure you if you don't have
more than ample security on this place, they are going to walk away with
anything you have there. Remember the location, North Miami Avenue and 14th
Street. They have stripped every building in that neighborhood of all the
copper tubing off of air conditioners, they're now taking...
Commissioner Dawkins: All but one.
Commissioner Plummer: Which one?
Commissioner Dawkins: School Board.
Commissioner Plummer: You mean... That's over on 2nd Avenue.
Commissioner Dawkins: But that's in the same neighborhood.
Commissioner Plummer: No, no. I'm talking about Miami Avenue and 14th
Street.
Commissioner Dawkins: Oh.
Commissioner Plummer: Now, I just... I've got some serious problems in this.
To put that kind of money in that neighborhood knowing within thirty days
what's going to happen. Can we defer this for...
342 February 13, 1992
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Commissioner Dawkins: No. No. No. Yes, if you want to. I'm going to still
vote for it, but you can defer it.
Commissioner Plummer: What's the big deal... heard... if we delay this?
Commissioner Dawkins: Because we've got to get the grant.
.t
Vice Mayor Alonso: Yeah, isn't the...
Commissioner Dawkins: They've got to put a hundred thousand dollars to get _
the two hundred twenty-nine thousand dollar grant.
Vice Mayor Alonso: Isn't this the property that the City of Miami lobbied a
lot to get this grant? Wasn't this... -
Chief Huddleston: Yes, ma'am.
Mayor Suarez: Oh, yes.
Chief Huddleston: This is the Fire Museum we've been working on quite a
t while...
Commissioner Plummer: That's not the point. The point is it's going to be a
total disaster.
Chief Huddleston: ... and the urgency here is the fact that we do have to
show good faith with the State and start making some serious improvements to
that property or we're in jeopardy of losing that State grant.
Commissioner Dawkins: And J. L. Plummer always says don't look... don't give
up no grant money.
EM
Commissioner Plummer: No, I agree...
Chief Huddleston: And we do have to look...
Commissioner Plummer: I agree with you, Miller. It's just the idea in that
particular location. First of all, nobody's going to go to it. That
location.
Commissioner Dawkins: No, well we'll bring it to the people.
Commissioner Plummer: Let me tell you. Right next door to that...
Commissioner Dawkins: Hey, I know. Look, I live in the... I know the area.
Commissioner Plummer: Next door to that is the School Board book building and
they have a policeman on that... City of Miami Policeman off duty all the time
that it's open. That's how bad it is.
Commissioner Dawkins: Call the roll.
Commissioner Plummer: Hey.
343 February 13, 1992
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Mayor Suarez: All right. Item 51 is the one we're talking about. Correct?
Vice Mayor Alonso: Yes.
Ms. Hirai: Yes.
Mayor Suarez: I think I'm still with the right item. Do we have a motion and
a second, Madam City Clerk?
Commissioner Dawkins: Yes.
Ms. Hirai: Yes, sir.
Mayor Suarez: We do. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-135
A RESOLUTION AUTHORIZING A CONTRIBUTION IN THE AMOUNT
OF $100,000 AS MATCHING FUNDS TO THE EXISTING STATE
GRANT OF $229,425 TO THE CITY FOR FIRST PHASE
RESTORATION OF THE HISTORIC OLD FIRE HOUSE NO. 2,
LOCATED AT 1401 NORTH MIAMI AVENUE, MIAMI, FLORIDA,
AND ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF
$100,000, FROM THE 16TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM CONTINGENCY FUNDS; FURTHER
AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT TO
THE 16TH YEAR COMMUNITY DEVELOPMENT FINAL STATEMENT
PROVIDING FOR THE USE OF SAID $100,000 AS SET FORTH
HEREIN.
(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 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 Plummer: Damn, I hate to vote against the Fire Department. I
really do. But, I'll tell you something. I just absolutely...
344 February 13, 1992
Commissioner Dawkins: He votes no. Commissioner Alonso.
Commissioner Plummer: I just feel that it's a waste of money.
What?
Commissioner Dawkins: He votes no.
Commissioner Plummer: What do you mean no?
Commissioner Dawkins: Mr. Mayor, don't get into this.
Mayor Suarez: Don't, don't, don't, don't, please, Herb.
Commissioner Plummer: Are you going to stand down there and...
Mayor Suarez: We might never leave here tonight if we try to
convince him of
this.
Vice Mayor Alonso: I know, please let's move.
Commissioner Dawkins: Go ahead, call the roll, Madam Clerk. Call
the roll.
Vice Mayor Alonso: I vote yes.
Ms. Hirai: Commissioner Plummer, is your vote...
Vice Mayor Alonso: He's thinking.
Commissioner Dawkins: He said no.
Mayor Suarez: It's a probable no, but...
Vice Mayor Alonso: He's agonizing over his vote, so give him
an opportunity.
Go around and come back.
Mayor Suarez: That way we'll know if we have the 4/5ths that
we need anyhow
and then we can just... But whatever he wants to put in there.
Commissioner Plummer: I'll vote yes. I really... I've got to
express that,
though.
345 February 13, 1992
71. AUTHORIZE MANAGER TO SUBMIT AMENDMENT TO 17TH YEAR CDBG FINAL STATEMENT
TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) -- ENTER INTO =
AGREEMENT WITH MCI TELECOMMUNICATIONS CORPORATION FOR A GRANT OF
$500,000 CONCERNING INSTALLATION OF COMMUNICATION LINES TO INCLUDE:
FIBER OPTIC CABLE, TELECOMMUNICATION RADIO EQUIPMENT AND ASSOCIATED
WIRING, FOR A NEW TELECOMMUNICATIONS RELAY SERVICE CENTER FOR THE
HEARING AND SPEECH IMPAIRED IN DOWNTOWN MIAMI.
------------------------------------------------------------------------------
Mayor Suarez: Item 52. Thank you. Authorizing the City Manager to submit
amendment to the 17th Year Community Development Block Grant Final Settlement.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Plummer: This is a follow up of before.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-136
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
AMENDMENT TO THE SEVENTEENTH (17TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FINAL STATEMENT TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD), ADJUST PREVIOUSLY SUBMITTED FINAL STATEMENTS
AND ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH MCI TELECOMMUNICATION
CORPORATION FOR A GRANT IN THE MAXIMUM AMOUNT OF
$500,000 FOR THE PURPOSE OF INSTALLING COMMUNICATION
LINES WHICH SHALL INCLUDE, WITHOUT LIMITATION IF
LEGALLY PERMISSIBLE, FIBER OPTIC CABLE,
TELECOMMUNICATION RADIO EQUIPMENT AND ASSOCIATED
WIRING, FOR A NEW TELECOMMUNICATIONS RELAY SERVICE
CENTER FOR THE HEARING AND SPEECH IMPAIRED IN DOWNTOWN
MIAMI.
(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:
346 February 13, 1992
i
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins =4
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None. -
NOTE FOR THE RECORD: At this point Agenda Item 53 was
withdrawn.
Mayor Suarez: Item 53. This is a fifty-five hundred dollar item?
Mr. Aurelio Perez-Lugones: Fifty-three is withdrawn.
Mayor Suarez: Fifty-three is withdrawn. That's a zero item. Zero dollar
item.
72. RATIFY MANAGER'S FINDING THAT REPLACEMENT OF UNDERGROUND CABLE AT THE
-f. ORANGE BOWL STADIUM WAS AN EMERGENCY -- AUTHORIZE ISSUANCE OF EMERGENCY
PURCHASE ORDER TO FRANK J. MORAN, INC., FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE.
----------------------------------- ------------------------------------------
Mayor Suarez: Item 54, Underground cable at the Orange Bowl Stadium. This
is an emergency.
Vice Mayor Alonso: Move it.
Commissioner Plummer: Move it. Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
Commissioner Plummer: I've got to have that ordinance on burglar alarms.
Mayor Suarez: The nature of the emergency is evident, presumably, otherwise
somebody is...
Commissioner Dawkins: We've already spent the money.
Mayor Suarez: And somebody otherwise could have undergone some great
liability there.
- Mr. Ron Williams: Mr. Mayor, we found the failure on the 30th of December and
we were trying to make sure we were OK.
347 February 13, 1992
,4
Mayor Suarez: OK. You had to take care of it. All right.
Commissioner Plummer: For what? Is this item 55?
Mayor Suarez: Fifty-four.
Commissioner Dawkins: No, 54 Mr. Plummer.
Mayor Suarez: I just was putting the nature of the emergency on the record.
Call the roll on 54.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-137
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A
4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE
ACTION OF THE CITY MANAGER IN FINDING THAT THE
REPLACEMENT OF UNDERGROUND CABLE AT THE ORANGE BOWL
STADIUM TO BE AN EMERGENCY AND IN AUTHORIZING THE
ISSUANCE OF AN EMERGENCY PURCHASE ORDER FORE SUCH
SERVICES TO FRANK J. MORAN, INC. FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE FOR A
TOTAL PROPOSED AMOUNT OF $9,706.00; ALLOCATING FUNDS
THEREFOR FROM THE 1991-1992 OPERATING BUDGET, ACCOUNT
CODE NO. 420401-670.
(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.
348 February 13, 1992
0
73. RATIFY MANAGER'S FINDING THAT PURCHASE OF ADDITIONAL E911 EQUIPMENT AND
INSTALLATION WAS AN EMERGENCY -- AUTHORIZE ISSUANCE OF EMERGENCY
PURCHASE ORDER FOR EQUIPMENT TO AT&T, FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE.
Mayor Suarez: Item 55. Final item.
Commissioner Dawkins: Move it.
Mayor Suarez: E911 equipment.
Commissioner Plummer: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Dawkins: Oh, that's the end of it? We're finished?
Commissioner Plummer: Wait, wait, Miller, we've got one more after this, on
the burglar alarm.
Commissioner Dawkins: OK, J.L.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-138
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A
4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING,
THE ACTION OF THE CITY MANAGER IN FINDING THE PURCHASE
OF ADDITIONAL E911 EQUIPMENT AND INSTALLATION TO BE AN
EMERGENCY AND IN AUTHORIZING THE ISSUANCE OF AN
EMERGENCY PURCHASE ORDER FOR SUCH EQUIPMENT TO AT&T
FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION
AND SOLID WASTE, AT A TOTAL PROPOSED AMOUNT OF
$20,431.55; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 420604-840-506001.
(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:
349 February 13, 1992
.7
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Vice Mayor Miriam Alonso
ABSENT: None.
Mayor Suarez: I'm not sure, maybe I should vote no.
74. (Continued Discussion) EMERGENCY ORDINANCE: AMEND CODE ARTICLE II
(BURGLARY AND ROBBERY ALARMS) OF CHAPTER 3.5 (ALARM SYSTEM) -- SET FORTH
PROVISIONS DEALING WITH FALSE ALARMS, INCLUDING INSTANCES WHERE A SYSTEM
FOR WHICH NO ALARM HAS BEEN ISSUED / RENEWED GENERATES A FALSE ALARM,
etc. (See label 8).
------------------------------------------------------------------------------
Commissioner Plummer: Yes, on the burglar alarm. Read the burglar alarm
ordinance.
Mayor Suarez: Does it reflect...
Commissioner Plummer: Exactly.
Mayor Suarez: ... your concerns and the Vice Mayor's concerns?
Commissioner Plummer: On a temporary basis, yes.
Mayor Suarez: All right. OK. Because you were the two most active in that
discussion and if you want to read the ordinance. Do we have a motion and a
second?
Commissioner Plummer: Yes, I move it.
Mayor Suarez: Vice Mayor Alonso seconds?
Vice Mayor Alonso: Yes, on the basis that it covers all we have addressed
this morning...
Commissioner Plummer: Yeah.
Vice Mayor Alonso: Yes.
Mayor Suarez: All right, before we read the ordinance, quick commentary.
Name and address.
Mr. Albio Castillo: Albio L. Castillo. I live at 2386 S.W. and I'm having a
problem where I work on North Miami Avenue and 25th with Downtown Towing
parking 18-wheelers near our stop sign. There's 27 municipality. It's called
obstruction of view. What can I do to stop them?
350 February 13, 1992
."
4*,
Commissioner Plummer: You call the Police Department, register a complaint
and they can issue them a ticket if they are in fact blocking the
intersection.
Mr. Castillo: OK. Do I call the patrol sergeant in that area?
Commissioner Plummer: No, just call the Police Station...
Mayor Suarez: Complaint Sergeant.
Commissioner Dawkins: Call the Complaint Sergeant.
Mayor Suarez: Complaint Sergeant.
Mr. Castillo: OK.
Mayor Suarez: All right, and don't hesitate to call our offices, too.
Vice Mayor Alonso: What about the vote of the...
Mr. Castillo: Oh, definitely I will.
Mayor Suarez: On item 54, read the ordinance or did you already. 55. Call
the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ARTICLE II "BURGLARY
AND ROBBERY ALARMS" OF CHAPTER 3.5, "ALARM SYSTEMS" OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
SETTING FORTH PROVISIONS DEALING WITH FALSE ALARMS
INCLUDING THE INSTANCE WHERE A SYSTEM FOR WHICH NO
ALARM PERMIT HAS BEEN ISSUED OR HAS NOT BEEN RENEWED
GENERATES A FALSE ALARM; PROVIDING FOR THE SUSPENSION
OF POLICE RESPONSE TO ALARMS AFTER TWELVE FALSE ALARMS
AND IN THE INSTANCE WHERE NO PERMIT HAS BEEN ISSUED OR
HAS EXPIRED AFTER FOUR FALSE ALARMS; SETTING FORTH
PROVISIONS FOR THE REINSTATEMENT OF POLICE SERVICE;
AUTHORIZING NOTICE TO BE SENT BY CERTIFIED MAIL; MORE
PARTICULARLY AMENDING SECTION 3.5-23 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER
REPEALING SECTION 3.5-29 IN ITS ENTIRETY AND
SUBSTITUTING NEW PROVISIONS ENTITLED "FALSE ALARM
SERVICE CHARGES; ENFORCEMENT PROVISIONS"; AND
CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer 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:
351 February 13, 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.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Vice Mayor Alonso, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10948.
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.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING HAS ADJOURNED AT 8:30 P.M.
ATTEST:
Natty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
N A Y 0 R
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352 February 13, 1992