HomeMy WebLinkAboutCC 1992-04-02 Minutes.... ............ .
-CITY OF
MIAMI
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OF MEETING HELD ON APRIL 2, 1992
REGULAR
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
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INDEX
MINUTES OF REGULAR MEETING
APRIL 2, 1992
----------------------------- ------------------------
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1.
PRESENTATIONS, PROCLAMATIONS & SPECIAL
DISCUSSION
2
ITEMS.
4/2/92
2.
CONSENT AGENDA.
DISCUSSION
2-3
4/2/92
2.1
AUTHORIZE FUNDING OF DADE-MIAMI
R 92-205
4
CRIMINAL JUSTICE COUNCIL -- ALLOCATE
4/2/92
$35,000 (from Law Enforcement Trust
Fund) .
- 2.2
AUTHORIZE MANAGER TO EXECUTE AGREEMENT
R 92-206
4
WITH INTER-AMERICAN SUGAR CANE
4/2/92
SEMINARS, IN SUPPORT OF THE 1991 INTER-
AMERICAN SUGAR CANE SEMINAR ON NEW
TECHNOLOGIES (HELD SEPTEMBER 11-13,
1991) -- ALLOCATE FUNDS (from
-
International Trade Board).
- 2.3
ACCEPT BID: J.C. WHITE, FOR FURNISHING
R 92-207
4
OFFICE FURNITURE TO LAW DEPARTMENT.
4/2/92
2.4
ACCEPT PROPOSAL: CONSULAB, INC., TO
R 92-208
5
FURNISH DRUG SCREENING PROFILES AND
4/2/92
LABORATORY SERVICES FOR DEPARTMENTS OF
PERSONNEL MANAGEMENT, FIRE, RESCUE AND
INSPECTION SERVICES, AND POLICE --
EXECUTE AGREEMENT.
2.5
ACCEPT BID: WOLFF'S KENNEL, INC., FOR
R 92-209
5
PURCHASE OF 3 GERMAN SHEPHERD DOGS FOR
4/2/92
POLICE DEPARTMENT.
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2.6 AUTHORIZE PURCHASE: 50 ADDITIONAL R 92-210 5-6
FEDERAL SIGNAL LIGHTBARS FROM PUBLIC 4/2/92
SAFETY DEVICES, INC., TO BE INSTALLED
IN NEW POLICE VEHICLES.
2.7 ACCEPT BID: BENSON ELECTRIC, INC., FOR R 92-211 6
GRAPELAND HEIGHTS PARK - SPORT 4/2/92
LIGHTING - PHASE I (B-2958-A, TOTAL
BID -- CIP 331310).
2.8 AUTHORIZE MANAGER TO EXECUTE AMENDMENT R 92-212 6-7
NO. 7 WITH DELOITTE AND TOUCHE, 4/2/92
CERTIFIED PUBLIC ACCOUNTANTS, IN
ASSOCIATION WITH: (a) SHARPTON,
BRUNSON AND COMPANY, PA, (b) VERDEJA,
IRIONDO AND GRAVIER, AND (c) WATSON AND
COMPANY, PA -- FOR AN EXTERNAL QUALITY
REVIEW FOR FISCAL YEAR ENDING SEPTEMBER
30, 1991 -- ALLOCATE $15,000.
2.9 APPROVE APPLICATION FOR 3-DAY STATE R 92-213 7
LIQUOR PERMIT BY FLORIDA INTERNATIONAL 4/2/92
RESTAURANT, HOTEL AND BAKERY EXPO,
INC. -- FOR DISPLAY BY MANUFACTURERS /
DISTRIBUTORS OF PRODUCTS LICENSED UNDER
STATE BEVERAGE LAW, AND FOR CONSUMPTION
OF SAID BEVERAGES AT COCONUT GROVE
CONVENTION CENTER.
2.10 AUTHORIZE MANAGER ITO EXECUTE AGREEMENT R 92-214 7
WITH SYLVESTER A. LUKIS (LOBBYIST), FOR 4/2/92
PROFESSIONAL LEGISLATIVE CONSULTANT
SERVICES CONCERNING FEDERAL LEGISLATION
WHICH IMPACTS ON THE CITY -- ALLOCATE
$45,000 PLUS $3,000 FOR REIMBURSABLE
EXPENSES (from Legislative Liaison
General Fund).
2.11 ACCEPT PLAT: THE BANYAN. R 92-215 8
4/2/92
3. ACCEPT BID: MORGAN MUSIC CO., FOR R 92-216 8-21
FURNISHING A CONCERT GRAND PIANO AND 4/2/92
BENCH TO BE USED AT MANUEL ARTIME
COMMUNITY CENTER (CIP 333083).
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4. (A) GRANT REQUEST BY MUSCULAR DYSTROPHY
ASSOCIATION FOR CLOSURE OF DESIGNATED
STREETS CONCERNING THE ANNUAL COCONUT
GROVE BED RACE AND PAJAMA 5K RUN --
ESTABLISH AREA PROHIBITED TO RETAIL
PEDDLERS.
(B) GRANT REQUEST BY MIAMI WHEELERS
BICYCLE CLUB FOR CLOSURE OF DESIGNATED
STREETS CONCERNING THE MIAMI WHEELERS
HOME BIKE RACE.
(C) GRANT REQUEST BY RENOVACION
CARISMATICA CATOLICA HISPANA FOR
PARTIAL USE OF CERTAIN STREETS DURING
THEIR PROCESSION.
5. GRANT REQUEST BY THE UNITED RACING
COMMISSION FOR FEE WAIVER AT MIAMI
MARINE STADIUM CONCERNING THE 21ST
ANNUAL MIAMI BUDWEISER UNLIMITED
HYDROPLANE REGATTA -- ACCEPT $55,000
FROM SPONSOR TO BE APPLIED TOWARD COSTS
OF CITY SERVICES -- EXECUTE AGREEMENT.
6. SUPPORT APPROPRIATION BY CONGRESS OF $9
MILLION IN FEDERAL DEPARTMENT OF
TRANSPORTATION HIGHWAY PROGRAM FUNDS TO
CONSTRUCT FIRST PHASE OF EXPANSION
PROGRAM OF U.S. ROUTE 1 (US1) ALONG THE
BISCAYNE BOULEVARD CORRIDOR LINKING THE
PORT OF MIAMI TO INTERSTATE I-395.
7. DISCUSS AND MOMENTARILY TABLE PROPOSED
EMERGENCY ORDINANCE AMENDING 10938, BY
INCREASING APPROPRIATIONS TO PROJECT:
GRAND AVENUE PARK RENOVATIONS (CIP
331342), APPROPRIATING $275,000 FROM
18TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS (CDBG) (See label 9).
8. SECOND READING ORDINANCE: ESTABLISH
NEW SPECIAL REVENUE FUND: COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
(EIGHTEENTH YEAR) -- APPROPRIATE
$13,156,000 -- FURTHER APPROPRIATE
$1,400,000 FROM 18TH YEAR CDBG PROGRAM
INCOME, AS APPROVED BY DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD)
(TOTAL APPROPRIATION $14,556,000).
R 92-217.1
R 92-217.2
R 92-217.3
4/2/92
R 92-218
4/2/92
R 92-219
4/2/92
DISCUSSION
4/2/92
ORDINANCE
10955
4/2/92
21-24
24-26
27-28
28
29-35
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9. (Continued Discussion) EMERGENCY ORDINANCE
ORDINANCE: AMEND ORDINANCE 10938 -- 10956
INCREASE APPROPRIATIONS TO PROJECT: 4/2/92
GRAND AVENUE PARK RENOVATIONS (CIP
331342) BY $275,000 FROM THE 18TH YEAR
CDBG FUNDS (See label 7).
10. REFER REQUEST TO CODESIGNATE S.W. 7 M 92-220
STREET BETWEEN 17 AND 22 AVENUES AS: 4/2/92
CARLOS BENITEZ FERNANDEZ STREET TO
CODESIGNATION REVIEW COMMITTEE.
11. DISCUSS AND REFER TO MANAGER REQUEST BY M 92-221
SHONNAE J. BRUNSON FOR: (a) CLOSURE OF 4/2/92
DESIGNATED STREETS CONCERNING A
TRADITIONAL AFRICAN WEDDING AND A
MOTHERS' DAY PARADE, AND (b) WAIVER OF
ALL RELATED CITY FEES.
12. AUTHORIZE CITY MANAGER TO ACCEPT A R 92-222
GRANT OF $571,401 FROM STATE OF 4/2/92
FLORIDA, DEPARTMENT OF ENVIRONMENTAL
REGULATION IN CONNECTION WITH THE
CITY'S RECYCLING PROGRAM (See labels 15
& 52) .
13. DISCUSSION CONCERNING THE TWO PERCENT DISCUSSION
RESORT TAX. 4/2/92
14. GRANT FUNDING REQUEST BY CITY'S FILM M 92-223
COORDINATOR, NORA SWAN, FOR A $7,500 4/2/92
GRANT TO COVER USER FEES AT GUSMAN
CULTURAL CENTER IN CONNECTION WITH: THE
INTERNATIONAL CO -PRODUCTION FILM MARKET
AND CONFERENCE OF FLORIDA 192.
15. (Continued Discussion) CITY ATTORNEY DISCUSSION
REMINDS COMMISSION THAT THE EMERGENCY 4/2/92
ORDINANCE STILL NEEDS TO BE READ IN
CONNECTION WITH A SPECIAL REVENUE FUND
CONCERNING A GRANT FROM STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL
REGULATION FOR THE CITY'S RECYCLING
PROGRAM (See labels 12 & 52).
16. EMERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE
SPECIAL REVENUE FUND: OPERATION 10957
SUNRISE -- APPROPRIATE $61,250 -- 4/2/92
ACCEPT $61,250 FROM COMMONWEALTH OF
MASSACHUSETTS DEPARTMENT OF PUBLIC
SAFETY.
35-37
37-39
39-40
41
42-50
50-55
55
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17.
AUTHORIZE EXPENDITURE OF FUNDS
R 92-224
57-58
($619250) FROM SPECIAL REVENUE FUND:
4/2/92
OPERATION SUNRISE, IN COMPLIANCE WITH
TERMS AND CONDITIONS OF COMMONWEALTH OF
MASSACHUSETTS STANDARD SERVICE
CONTRACT.
18.
SECOND READING ORDINANCE: PROHIBIT
ORDINANCE
58-65
MALICIOUS REAL PROPERTY DAMAGE; WILFUL
10958
OR MALICIOUS PLACING OF UNLAWFUL SIGNS
4/2/92
ON REAL PROPERTY; INTENTIONAL
UNAUTHORIZED DEFACEMENT OF REAL
PROPERTY, WHICH EXPOSES ANOTHER TO RISK
OF VIOLENCE, CONTEMPT OR HATRED BASED
ON RACE, COLOR, CREED OR RELIGION --
PROVIDE FOR PENALTIES.
19.
INSTRUCT CITY MANAGER TO INVESTIGATE
DISCUSSION
65-66
ALLEGATIONS THAT THE KEEP DADE
4/2/92
BEAUTIFUL ASSOCIATION MAY BE HAVING
SOME DIFFICULTIES WITH THE INTERNAL
REVENUE SERVICE SINCE THEY RECEIVED
CITY FUNDING.
20.
SECOND READING ORDINANCE: AMEND
ORDINANCE
66-67
ORDINANCE 10936 -- PROVIDE FOR AN
10959
INCREASE ($177,642) IN APPROPRIATION TO
4/2/92
SPECIAL REVENUE FUND: JTPA TITLE II -A
(PY 191) (TOTAL APPROPRIATION
$687,152).
21.
SECOND READING ORDINANCE: AMEND
ORDINANCE
67-68
ORDINANCE 10880 -- PROVIDE FOR AN
10960
INCREASE ($550,637) IN APPROPRIATION TO
4/2/92
SPECIAL REVENUE FUND: EASTERN AIRLINES
/ DISLOCATED WORKER RETRAINING PROGRAM
(FY 191) JTPA III (TOTAL APPROPRIATION
$758,037)
22.
SECOND READING ORDINANCE: ESTABLISH NEW
ORDINANCE
68-69
SPECIAL REVENUE FUND: SUMMER YOUTH
10961
EMPLOYMENT AND TRAINING PROGRAM (FY
4/2/92
192) JTPA II-B -- APPROPRIATE $536,850
FROM U.S. DEPARTMENT OF LABOR THROUGH
SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM (SFETC).
23.
SECOND READING ORDINANCE: ESTABLISH NEW
ORDINANCE
70-72
SPECIAL REVENUE FUND: JTPA TITLE II -A
10962
WYNWOOD SPECIAL INITIATIVE (PY 191) --
4/2/92
APPROPRIATE $52,000 FROM U.S.
DEPARTMENT OF LABOR THROUGH SOUTH
FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM (SFETC).
24.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE
72-74
CHAPTER 54 -- ADD ARTICLE X -- PROVIDE
10963
FOR FEDERAL AVIATION ADMINISTRATION
4/2/92
(FAA) ENTERING INTO PERMIT AGREEMENT(S)
-
WITH CITY FOR USE OF PUBLIC RIGHTS -OF -
WAY (ROW) FOR PLACEMENT OF LOW LEVEL
WIND SHEAR ALERT SYSTEMS (LLWAS) --
PROVIDE THAT FAA SHALL BE ASSESSED A
FEE TO BE PAID TO THE CITY AS A
CONDITION TO SUCH PERMIT(S) -- ADD NEW
-
SECTION 54-180 THROUGH 54-191.
_ 25.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE
74-75
CHAPTER 54 (STREETS AND SIDEWALKS) --
10964
-
AMEND SECTION 54-104 (NONSTANDARD
4/2/92
STREET WIDTHS) BY MODIFYING THE WIDTH
OF A CERTAIN STREET (BAYVIEW ROAD).
26.
(A) SECOND READING ORDINANCE: AMEND
ORDINANCE
75-85
ORIDINANCE 10920 -- ESTABLISH NEW
10965
ACCOUNT: TAX ANTICIPATION NOTES,
DISCUSSION
SERIES 1991 NOTE FUND -- APPROPRIATE
4/2/92
$20,889,333 TO PROVIDE FOR REPAYMENT
OF RECENTLY ISSUED TAX ANTICIPATION
NOTES.
(B) COMMISSIONER PLUMMER EXPRESSES
CONCERN AT THE INCREASING NUMBER OF
FAILING LOCAL BUSINESSES -- REQUEST
MANAGER TO PROVIDE STATISTICS AS TO
ACTUAL NUMBER OF FAILED BUSINESSES.
(C) BRIEF DISCUSSION CONCERNING GATES
CASE.
(D) BRIEF DISCUSSION CONCERNING CITY
EMPLOYEES WHO DO NOT RESIDE WITHIN CITY
LIMITS.
27.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE
85
SECTION 2-305, CONCERNING CONFLICTS OF
10966
INTEREST AND DISCLOSURE OF REAL ESTATE
4/2/92
OWNED BY CERTAIN OFFICIALS -- ADD
MEMBERS OF THE NUISANCE ABATEMENT BOARD
TO ENUMERATED ELECTIVE AND APPOINTIVE
OFFICERS SUBJECT TO DISCLOSURE.
28.
SECOND READING ORDINANCE: AMEND
ORDINANCE
ORDINANCE 9959 -- RELEASE ALL
10967
LIMITATIONS OF AUTHORIZED INVESTMENT OF
4/2/92
CITY FUNDS OR FUNDS OF ANY RETIREMENT
PROGRAM CONTROLLED BY THE CITY AGAINST
THE COUNTRY OF NAMIBIA.
29.
FIRST READING ORDINANCE: AMEND CODE
DISCUSSION
CHAPTER 31, ARTICLE II (SCHEDULE OF
4/2/92
OCCUPATIONAL LICENSE TAXES) -- CLARIFY
DEFINITION OF THE EXHIBITORS
CLASSIFICATION AND PROVIDE FOR A LOWER
TAX WHEN THE EVENT IS HELD IN A
FACILITY OWNED BY THE CITY.
30.
ACCEPT BID: ALAN DEUTSCH ASSOCIATES,
R 92-225
INC., FOR FURNISHING AND INSTALLATION
4/2/92
OF A FRONT STAGE CURTAIN AND VALANCE AT
MANUEL ARTIME CENTER (for Department of
Community Development -- CIP 333083).
31.
AUTHORIZE MANAGER TO EXECUTE AMENDMENT
R 92-226
NO. 1 OF THE RESTAURANT AGREEMENT WITH
4/2/92
THE MIAMI RIVER GROUP, INC., FOR THE
MANAGEMENT AND OPERATION OF BIJAN'S
RESTAURANT (LOCATED IN CITY -OWNED
PROPERTY IN FORT DALLAS PARK).
32.
DISCUSS AND DEFER (TO LAST MEETING IN
DISCUSSION
APRIL) PROPOSED RESOLUTION AUTHORIZING
4/2/92
THE ISSUANCE OF A REQUEST FOR PROPOSALS
(RFP) FOR THE MANAGEMENT, OPERATION AND
MAINTENANCE OF THE BICENTENNIAL PARK
FOOD AND BEVERAGE CONCESSION AREA
(LOCATED AT 1075 BISCAYNE BOULEVARD).
33.
DISCUSS REQUEST BY REPRESENTATIVE OF
DISCUSSION
INTERNATIONAL DANCE FESTIVAL FOR USE OF
4/2/92
A CITY FACILITY -- REQUEST
ADMINISTRATION TO ASSIST IF POSSIBLE.
34.
AUTHORIZE PURCHASE OF TWO VACTOR 15-
R 92-227
CUBIC YARD COMBINATION HIGH PRESSURE
4/2/92
JET AND VACUUM SEWER CLEANERS
($238,030) UNDER CITY OF NORTH MIAMI
BEACH BID NO. 91-17 FROM PEABODY MYERS
CORPORATION (for Department of General
Services Administration and Solid Waste
/ Fleet Management Division - CIP
352275).
86-87
87-92
92-94
94-100
101-102
102-104
104-105
35. (A) AUTHORIZE MANAGER TO ENTER INTO R 92-228
COLLECTIVE BARGAINING AGREEMENT WITH M 92-228.1
FRATERNAL ORDER OF POLICE, LODGE NO. 20 DISCUSSION
(October 1, 1991 - September 30, 1993). 4/2/92
(B) DISCUSSION CONCERNING POLICE
DEPARTMENT AND THE NEIGHBORHOOD
ENHANCEMENT TEAM (NET) PROGRAM.
(C) SET MAY 7, 1992 AS DATE FOR
MIDYEAR BUDGET HEARING AND TO DISCUSS
POLICE -RELATED ITEMS (See label 47).
(D) BRIEF DISCUSSION CONCERNING NORTH
POLICE SUBSTATION AND ALLEGATIONS THAT
IT HAS BEEN USED AS DUMPING /
PUNISHMENT GROUNDS.
36. BRIEF DISCUSSION CONCERNING REQUEST FOR DISCUSSION
CLOSURE OF DESIGNATED STREETS FOR A 4/2/92
KIDS PARTY.
37. AUTHORIZE METROPOLITAN DADE COUNTY ON
BEHALF OF THE CITY TO ADVERTISE FOR,
EVALUATE AND ACCEPT BIDS FOR VENDOR(S)
TO PROVIDE U.S. DEPARTMENT OF
AGRICULTURE (USDA) APPROVED MEALS TO
ELIGIBLE CHILDREN FOR THE CITY'S SUMMER
FOOD SERVICE PROGRAM - 1992 --
AUTHORIZE METRO-DADE TO ENTER INTO
NECESSARY CONTRACT(S) -- AUTHORIZATION
SUBJECT TO CITY'S ACCEPTANCE OF A GRANT
($294,654) FROM USDA THROUGH FLORIDA
DEPARTMENT OF EDUCATION.
38. WAIVE COMPETITIVE SELECTION PROCEDURES
FOR ACQUISITION OF PROFESSIONAL DESIGN
SERVICES (ARCHITECTURE, ENGINEERING
AND/OR LANDSCAPE ARCHITECTURE) -- FOR
LUMMUS PARK REDEVELOPMENT PROJECT (CIP
331042) -- RATIFY MANAGER'S FINDING OF
EMERGENCY -- AUTHORIZE MANAGER TO
EXECUTE NECESSARY AGREEMENT(S) --
ALLOCATE $55,000.
39. ACCEPT BIDS: (a) TECHNICAL COMPUTER
APPLICATION ($60,274), AND (b) HEWLETT
PACKARD ($10,266) -- FOR FURNISHING
ENGINEERING COMPUTER HARDWARE AND
SUPPORT MAINTENANCE TO BE USED FOR
MODERNIZATION OF CITY'S CADD SYSTEM
(for Department of Public Works -- CIP
311019).
R 92-229
4/2/92
R 92-230
4/2/92
R 92-231
4/2/92
105-166
166-169
169-170
170-174
175-177
1
40.
AUTHORIZE MANAGER TO EXECUTE AMENDMENT
R 92-232
177-179
#1 TO AGREEMENTS WITH: (a) MANUEL G.
4/2/92
VERA AND ASSOCIATES, INC., (b) WEIDENER
SURVEYING AND MAPPING, (c) FERNANDO Z.
GATELL P.L.S., INC., (d) LANNES AND
GARCIA, INC., AND (e) BISCAYNE
ENGINEERING COMPANY -- EXTEND CONTRACTS
FOR ONE YEAR FOR SURVEYING SERVICES
(January 2, 1993 - January 1, 1994).
41.
(A) CORRECT EXPIRATION TERM OF GLORIA
R 92-233
179-181
ROSELLO'S APPOINTMENT AS A MEMBER OF
4/2/92
THE AFFIRMATIVE ACTION ADVISORY BOARD.
(B) APPOINT / REAPPOINT INDIVIDUAL AS
MEMBER OF THE AFFIRMATIVE ACTION
ADVISORY BOARD. (Appointed was: Danny
Couch.) [Note: Mayor Suarez was later
informed that Mr. Couch was already a
member of the Board.]
= 42.
(A) BRIEF DISCUSSION CLARIFYING PENDING
DISCUSSION
181-182
-
APPOINTMENTS / RE APPOINTMENTS TO BE
4/2/92
MADE TO MIAMI SPORTS AND EXHIBITION
AUTHORITY, AND PENDING CORRECTION TO BE
MADE CONCERNING TERMS OF APPOINTEES.
(B) DEFER APPOINTMENT OF AN INDIVIDUAL
TO SERVE AS A MEMBER ON THE CITY OF
MIAMI URBAN DEVELOPMENT REVIEW BOARD.
43.
APPOINT / REAPPOINT INDIVIDUALS AS
R 92-234
183
ALTERNATE MEMBERS OF THE INTERNATIONAL
4/2/92
TRADE BOARD (Appointed were: Nelcida
Chakoff and Robert Brown II, Esq.).
44.
DISCUSSION CONCERNING COMPETITIVE
DISCUSSION
184-186
SEALED BID PROCEDURES VS. NEGOTIATED
4/2/92
SALE OF BONDS.
45.
DISCUSSION CONCERNING FORMER FIRE
DISCUSSION
186-194
—
STATION NO. 15. (1300 S.W. 12 AVENUE)
4/2/92
CURRENTLY OCCUPIED BY THE CUBAN MUSEUM
OF ARTS AND CULTURE, INC.
46. (A) DISCUSSION CONCERNING ROTATION OF R 92-235 194-204
CHAIRMANSHIP OF THE MIAMI SPORTS AND DISCUSSION
EXHIBITION AUTHORITY -- STIPULATE THAT 4/2/92
COMMISSIONER MILLER J. DAWKINS SHALL
BECOME THE NEW CHAIRPERSON OF THE
AUTHORITY UPON A REPORT BY PRESENT
CHAIRPERSON (COMMISSIONER VICTOR DE
YURRE) THAT THE ONGOING DISPUTE AMONG
MIAMI HEAT, LEISURE MANAGEMENT MIAMI
(LMM), AND MIAMI SPORTS AND EXHIBITION
AUTHORITY HAS EITHER BEEN SETTLED OR IS
GOING TO TRIAL.
(B) VICE MAYOR ALONSO STATES HER
INTEREST TO BECOME NEW CHAIRPERSON OF
THE INTERNATIONAL TRADE BOARD AT SUCH
TIME AS COMMISSIONER J.L. PLUMMER
DECIDES TO RELINQUISH CHAIR.
47. (Continued Discussion) COMMISSION DISCUSSION 205-206
STIPULATES THAT PUBLIC HEARING 4/2/92
PREVIOUSLY SCHEDULED ON POLICE -RELATED
MATTERS FOR MAY 7TH SHALL CONVENE AT
1:30 P.M. (See label 35).
48. CLASSIFY UP TO 7 SURPLUS POLICE PATROL R 92-236 206-208
SPECIFICATION CARS AND/OR MOTORBIKES AS 4/2/92
CATEGORY "A" STOCK, SHOULD THEY BECOME
AVAILABLE AS SURPLUS CITY STOCK -- TO
BE DONATED TO THE CITY OF WEST MIAMI
(OFFER TO BE EFFECTIVE MAY 9, 1992 -
MAY 8, 1993) IN SUPPORT OF EFFORTS
TOWARD DETERRING CRIME.
49. RATIFY MANAGER'S FINDING OF SOLE R 92-237 208-209
SOURCE -- WAIVE REQUIREMENT FOR 4/2/92
COMPETITIVE SEALED BIDDING -- APPROVE
PURCHASE OF 4 MOTOROLA GENESIS STX 821
PORTABLE RADIOS WITH ENCRYPTION
CAPABILITY AND THE CITY OF MIAMI
TRUNKING ID SYSTEM 151A FROM MOTOROLA
COMMUNICATIONS AND ELECTRONICS, INC.
(for Department of Fire, Rescue and
Inspection Services).
50.
RATIFY MANAGER'S FINDING OF SOLE
R 92-238 210-211
SOURCE -- WAIVE REQUIREMENT FOR
4/2/92
COMPETITIVE SEALED BIDDING -- APPROVE
ACQUISITION OF MAINTENANCE SERVICES FOR
AN IMTEC 35MM MICROFILM CAMERA (ON A
CONTRACT BASIS FOR ONE YEAR), FROM
INFORMATION MANAGEMENT OF FLORIDA (for
Department of Planning, Building &
Zoning).
51.
AMEND RESOLUTION 91-206 (WHICH
R 92-239 212-214
ALLOCATED A $7,000 GRANT TO COCONUT
412/92
GROVE FAMILY HEALTH CENTER, INC. TO
COVER COST OF ROOF REPAIRS AT VIRRICK
PARK AND ITS REVEREND THEODORE GIBSON
COMMUNITY CENTER RECREATION
BUILDING) -- RESCIND ALLOCATION OF SAID
GRANT -- APPROVE MANAGER'S FINDING THAT
ROOF REPAIRS WERE AN EMERGENCY AND IN
AUTHORIZING AWARD OF REPAIRS TO PINO-
FONTICIELLA AND ASSOCIATES, INC.
52.
(Continued Discussion) EMERGENCY
ORDINANCE 215-220
ORDINANCE: ESTABLISH NEW SPECIAL
10968
REVENUE FUND: SOLID WASTE REDUCTION:
4/2/92
RECYCLING AND EDUCATION (FY192) --
APPROPRIATE $571,401 CONSISTING OF
RECYCLING PROGRAM GRANT FROM STATE OF
FLORIDA, DEPARTMENT OF ENVIRONMENTAL
REGULATION (See labels 12 & 15).
53.
GRANT REQUEST BY OPERATYON SOVE JE
M 92-240 220-223
(OPERATION SAVE EYES) FOR CLOSURE OF
4/2/92
DESIGNATED STREET CONCERNING ITS
MARATHON EVENT, SUBJECT TO APPLICANT
COVERING ALL PERTINENT CITY COSTS.
54
GRANT REQUEST BY PUERTO RICAN CULTURAL
R 92-241 224-227
FOUNDATION, INC. FOR CLOSURE OF
4/2/92
DESIGNATED STREETS CONCERNING ITS
PUERTO RICAN DISCOVERY DAY PARADE --
WAIVE ALL FEES ALLOWED BY CODE --
CANCEL A $4,500 CITY LOAN, PLUS ALL
INTEREST DUE, SUBJECT TO APPLICANT
PAYING FOR ALL PERTINENT CITY COSTS AND
REQUIRED INSURANCE.
55
PERSONAL APPEARANCE: MANUEL GONZALEZ-
DISCUSSION 227-233
GOENAGA TO DISCUSS ALLEGED POLICE
4/2/92
BRUTALITY.
56. GRANT REQUEST BY BELAFONTE TACOLCY R 92-242
CENTER FOR CLOSURE OF DESIGNATED 4/2/92
STREETS CONCERNING THEIR AIDS AWARENESS
JAMBOREE.
57. PLEDGE UP TO $5,000 DONATION IN SUPPORT R 92-243
OF HTE MARJORY STONEMAN DOUGLAS ART 4/2/92
EXHIBITION TO BE CONDUCTED BY THE
CENTER FOR VISUAL COMMUNICATIONS,
INC. -- SUBJECT TO SAID PLEDGE BEING
EQUALLY MATCHED BY CITY OF CORAL GABLES
AND METROPOLITAN DADE COUNTY, AND THAT
DADE COUNTY SCHOOL BOARD PLEDGE AN
AMOUNT DOUBLE THAT PLEDGED BY THE CITY
OF MIAMI.
58. URGE CITY MANAGER TO PROCEED TO SELECT M 92-244
AND NEGOTIATE WITH THE SUCCESSFUL 4/2/92
COMPANY IN CONNECTION WITH CONSTRUCTION
AND OPERATION OF A CITY OF MIAMI SOLID
WASTE COMPOSTING FACILITY, SUBJECT TO
SUCCESSFULLY NEGOTIATING FROM THE
COUNTY PERMISSION FOR THE PROCESSING OF
A MINIMUM DESIGNATED AMOUNT OF TONS OF
GARBAGE PER DAY.
59. DIRECT CITY ATTORNEY TO ALWAYS CONSULT DISCUSSION
WITH THEM PRIOR TO PAYMENT OF ANY 4/2/92
JUDGMENT AGAINST THE CITY.
60. RATIFY CITY ATTORNEY'S ENGAGEMENT OF R 92-245
THE GREENBERG TRAURIG, ET AL. LAW FIRM 4/2/92
FOR PROFESSIONAL SERVICES CONCERNING
TAX MATTERS INVOLVING IMPLEMENTATION OF
THE CITY'S EARLY RETIREMENT INCENTIVE
PROGRAM.
61. (A) AUTHORIZE INCREASE OF $25,000 FOR R 92-246
TEW & GARCIA-PEDROSA FOR LEGAL COUNSEL R 92-247
CONCERNING TAKING OF DEPOSITION OF DEAN 4/2/92
WHITTER AND FILING OF A MOTION FOR
SUMMARY JUDGMENT.
(B) ENGAGE HENRY LATTIMER, WITH FINE
JACOBSON LAW FIRM, TO REVIEW EX -CITY OF
MIAMI CHIEF OF POLICE LAWSUIT AGAINST
THE CITY -- ALLOCATE UP TO $20,000.
233-234
234-237
238-249
249-250
250-252
252-261
62. DISCUSSION CONCERNING A CERTAIN FIRM DISCUSSION 261-264
WHICH COULD ALLEGEDLY SAVE THE CITY A 4/2/92
SUBSTANTIAL AMOUNT IN ELECTRICITY
COSTS -- ADMINISTRATION TO COME BACK
WITH AN RFP IN MAY FOR CONSIDERATION BY
COMMISSION.
63. (A) MAYOR SUAREZ REITERATES HIS DISCUSSION 264-266
DISPLEASURE WITH THE CITY'S TELEPHONE 4/2/92
SYSTEM.
(B) BRIEF COMMENTS BY VICE MAYOR ALONSO
CONCERNING ELECTRIC METERS.
(C) BRIEF COMMENTS BY COMMISSIONER
PLUMMER REQUESTING ADMINISTRATION TO
PROVIDE INFORMATION IN CONNECTION WITH
SCHOOLING COSTS OF PSAS.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 2nd day of April, 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
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez and then Vice Mayor Alonso
led those present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: By memorandum from City Manager,
Cesar Odio, Agenda items 20, 31, 41, 42 and 46 were
withdrawn.
NOTE FOR THE RECORD: At this point, Mayor Suarez
recognizes third grade students visiting from
Carrollton School.
1 April 2, 1992
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
1. Proclamation presented to National Public Safety Telecommunicators Week
to recognize the services rendered by these dedicated telecommunicators
on behalf of our citizens.
2. Certificate of Appreciation presented to Oscar Thomas for his artistic
contribution to the beautification of our City through his colorful
murals.
3. Certificate of Appreciation presented to Karen (Friebel) Lee for her
dedication as a police officer and her commitment to the safety of our
community.
4. Gwen Calloway from the Commission on the Status of Women presented a
plaque to Vice Mayor Alonso in appreciation of her concern for issues
relating to women.
NOTE FOR THE RECORD: On a motion duly made by
Commissioner Plummer and seconded by Vice Mayor
Alonso, the minutes of Commission meeting of February
13, 1992 were approved by the Commission.
2. CONSENT AGENDA.
Mayor Suarez: Can we do the Consent Agenda real quick, J.L.?
Commissioner Plummer: Sure. Well, but I've got questions on Consent.
Mayor Suarez: Items CA-1 through CA-15 constitute the Consent Agenda and if
anyone wishes to have any of those items clarified.
Commissioner Dawkins: Pull 3 for clarification.
Commissioner Plummer: Three?
Commissioner Dawkins: Yes, please.
Commissioner Plummer: All right. Well, there's another one tied with 3.
I'll find it, but pull 3 for sure.
- Vice Mayor Alonso: OK.
2 April 2, 1992
AMIL
I
Commissioner Plummer: And I've got questions on 12, 13 and 14. But only the
days that they're put aside for.
Vice Mayor Alonso: OK. 3, 12, 13, 14. Anything else?
Commissioner Plummer: No, that's it for now.
Mayor Suarez: Other than items 3, 12, 13, and 14, items CA-1 through CA-15
will be taken up and voted on collectively. If anyone from the general
audience, including any Carrollton 3rd graders want us to individually, please
don't, want us to individually consider any of those items, please step up to
the mike. Thank you. You had a grand total of one second to do that.
Otherwise I'll entertain a motion on the rest of the Consent Agenda.
Vice Mayor Alonso: So moved.
Mayor Suarez: So moved.
Commissioner Plummer: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
NOTE FOR THE RECORD: Commissioner De Yurre entered
the meeting at 9:20 a.m.
THEREUPON MOTION BY VICE MAYOR ALONSO AND SECONDED BY
COMMISSIONER PLUMMER, THE CONSENT AGENDA 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.
3 April 2, 1992
0
2.1 AUTHORIZE FUNDING OF DADE-MIAMI CRIMINAL JUSTICE COUNCIL -- ALLOCATE
$35,000 (from Law Enforcement Trust Fund).
RESOLUTION NO. 92-205
A RESOLUTION AUTHORIZING THE FUNDING OF THE DADE-MIAMI
CRIMINAL JUSTICE COUNCIL, AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $35,000, 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.)
2.2 AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH INTER-AMERICAN SUGAR CANE
SEMINARS, IN SUPPORT OF THE 1991 INTER-AMERICAN SUGAR CANE SEMINAR ON
NEW TECHNOLOGIES (HELD SEPTEMBER 11-13, 1991) -- ALLOCATE FUNDS (from
International Trade Board).
RESOLUTION NO. 92-206
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH INTER-AMERICAN SUGAR CANE SEMINARS, IN
SUPPORT OF THE 1991 INTER-AMERICAN SUGAR CANE SEMINAR
ON "NEW TECHNOLOGIES", WHICH WAS HELD IN MIAMI,
SEPTEMBER 11-13, 1991; ALLOCATING FUNDS THEREFOR IN AN
AMOUNT NOT TO EXCEED $25,000 FROM THE INTERNATIONAL
TRADE BOARD BUDGET.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.3 ACCEPT BID: J.C. WHITE, FOR FURNISHING OFFICE FURNITURE TO LAW
DEPARTMENT.
RESOLUTION NO. 92-207
A RESOLUTION ACCEPTING THE BID OF J. C. WHITE FOR THE
FURNISHING OF OFFICE FURNITURE TO THE LAW DEPARTMENT
AT A TOTAL PROPOSED COST OF $9,836.00; ALLOCATING
FUNDS THEREFOR FROM THE 1991-92 OPERATING BUDGET,
ACCOUNT CODE NO. 230101-840; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4 April 2, 1992
2.4 ACCEPT PROPOSAL: CONSULAB, INC., TO FURNISH DRUG SCREENING PROFILES AND
LABORATORY SERVICES FOR DEPARTMENTS OF PERSONNEL MANAGEMENT, FIRE,
RESCUE AND INSPECTION SERVICES, AND POLICE -- EXECUTE AGREEMENT.
RESOLUTION NO. 92-208
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE
PROPOSAL OF CONSULAR, INC., TO FURNISH DRUG SCREENING
PROFILES AND LABORATORY SERVICES FOR THE DEPARTMENTS
OF PERSONNEL MANAGEMENT, FIRE, RESCUE AND INSPECTION
SERVICES AND POLICE, AT AN ESTIMATED AMOUNT OF
$39,522.50, WITH SAID FUNDS THEREFOR BEING ALLOCATED
FROM THE APPROPRIATE FUNDS AS LISTED HEREIN;
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
CONSULAB, INC., FOR AN INITIAL THREE (3) YEAR PERIOD,
AND AUTHORIZING THE CITY MANAGER THEREAFTER TO EXTEND
THE AGREEMENT FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS, UPON THE SAME TERMS AND CONDITIONS, WITH A
PROVISION FOR A COST OF LIVING INCREASE, SUBJECT TO
THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.5 ACCEPT BID: WOLFF'S KENNEL, INC., FOR PURCHASE OF 3 GERMAN SHEPHERD
DOGS FOR POLICE DEPARTMENT.
RESOLUTION NO. 92-209
A RESOLUTION ACCEPTING THE BID OF WOLFF'S KENNEL, INC.
FOR THE PURCHASE OF THREE (3) GERMAN SHEPHERD DOGS FOR
THE DEPARTMENT OF POLICE AT THE PROPOSED AMOUNT OF
$8,850.00; ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND PROJECT NO. 690001, ACCOUNT
CODE NO. 290954-875; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.6 AUTHORIZE PURCHASE: 50 ADDITIONAL FEDERAL SIGNAL LIGHTBARS FROM PUBLIC
SAFETY DEVICES, INC., TO BE INSTALLED IN NEW POLICE VEHICLES.
RESOLUTION NO. 92-210
A RESOLUTION AUTHORIZING THE PURCHASE OF FIFTY (50)
ADDITIONAL FEDERAL SIGNAL LIGHTBARS TO BE INSTALLED IN
NEW POLICE VEHICLES FROM PUBLIC SAFETY DEVICES, INC.,
AT A PROPOSED AMOUNT OF $29,997.50 FOR THE GENERAL
5 April 2, 1992
SERVICES ADMINISTRATION AND SOLID WASTE
DEPARTMENT/FLEET MANAGEMENT DIVISION; ALLOCATING FUNDS
THEREFOR FROM THE 1991-1992 OPERATING BUDGET ACCOUNT
NO. 420901-850; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.7 ACCEPT BID: BENSON ELECTRIC, INC., FOR GRAPELAND HEIGHTS PARK - SPORT
LIGHTING - PHASE I (B-2958-A, TOTAL BID -- CIP 331310).
RESOLUTION NO. 92-211
A RESOLUTION ACCEPTING THE BID OF BENSON ELECTRIC,
INC., IN THE PROPOSED AMOUNT NOT TO EXCEED $11,946.00,
TOTAL BID OF THE PROPOSAL, FOR GRAPELAND HEIGHTS
PARK - SPORT LIGHTING - PHASE I B-2958-A, WITH MONIES
THEREFOR ALLOCATED FROM THE FISCAL YEAR 1991-92
CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT NO.
331310, IN THE AMOUNT OF $11,946.00 TO COVER THE
CONTRACT COST AND $3,171.53 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $15,117.53;
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.)
2.8 AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 7 WITH DELOITTE AND TOUCHE,
CERTIFIED PUBLIC ACCOUNTANTS, IN ASSOCIATION WITH: (a) SHARPTON,
BRUNSON AND COMPANY, PA, (b) VERDEJA, IRIONDO AND GRAVIER, AND (c)
WATSON AND COMPANY, PA -- FOR AN EXTERNAL QUALITY REVIEW FOR FISCAL YEAR
ENDING SEPTEMBER 30, 1991 -- ALLOCATE $15,000.
RESOLUTION NO. 92-212
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 7, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH THE CITY OF MIAMI AND DELOITTE
& TOUCHE, CERTIFIED PUBLIC ACCOUNTANTS, IN ASSOCIATION
WITH SHARPTON, BRUNSON & COMPANY P.A., VERDEJA,
IRIONDO & GRAVIER AND WATSON & COMPANY, P.A.,
(HEREINAFTER "CONSULTANTS") FOR AN EXTERNAL QUALITY
REVIEW FOR FISCAL YEAR ENDING SEPTEMBER 30, 1991, AS
REQUIRED BY THE COMPTROLLER GENERAL OF THE UNITED
STATES; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO
EXCEED $15,000 FROM THE FISCAL YEAR 1992 OPERATING
BUDGET, SPECIAL PROGRAMS AND ACCOUNTS IN THE GENERAL
FUND, ACCOUNT NO. 920202-280.
6 April 2, 1992
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.9 APPROVE APPLICATION FOR 3-DAY STATE LIQUOR PERMIT BY FLORIDA
INTERNATIONAL RESTAURANT, HOTEL AND BAKERY EXPO, INC. -- FOR DISPLAY BY
MANUFACTURERS / DISTRIBUTORS OF PRODUCTS LICENSED UNDER STATE BEVERAGE
LAW, AND FOR CONSUMPTION OF SAID BEVERAGES AT COCONUT GROVE CONVENTION
CENTER.
RESOLUTION NO. 92-213
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
APPROVAL OF THE APPLICATION FOR A THREE-DAY STATE
LIQUOR PERMIT BY FLORIDA INTERNATIONAL RESTAURANT,
HOTEL b BAKERY EXPO., INC., FOR THE DISPLAY BY
MANUFACTURERS OR DISTRIBUTORS OF PRODUCTS LICENSED
UNDER THE STATE BEVERAGE LAW, AND ALSO FOR CONSUMPTION
OF SUCH BEVERAGES ON THE PREMISES OF THE COCONUT GROVE
CONVENTION CENTER, MIAMI, FLORIDA, DURING THE PERIOD
OF JULY 17-19, 1992, SUCH APPROVAL BEING A STATUTORY
REQUISITE PRIOR TO THE STATE'S ISSUANCE OF SAID
PERMIT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.10 AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH SYLVESTER A. LUKIS
(LOBBYIST), FOR PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES CONCERNING
FEDERAL LEGISLATION WHICH IMPACTS ON THE CITY -- ALLOCATE $45,000 PLUS
$3,000 FOR REIMBURSABLE EXPENSES (from Legislative Liaison General
Fund) .
RESOLUTION NO. 92-214
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH SYLVESTER A. LUKIS, FOR
PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES
CONCERNING FEDERAL LEGISLATION WHICH IMPACTS ON THE
CITY OF MIAMI; ALLOCATING THEREFOR AN AMOUNT NOT TO
EXCEED $45,000 FOR SUCH SERVICES, AND AN AMOUNT NOT TO
EXCEED $3,000 FOR REIMBURSABLE EXPENSES FROM THE
LEGISLATIVE LIAISON GENERAL FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7 April 2, 1992
2.11 ACCEPT PLAT: THE BANYAN.
RESOLUTION NO. 92-215
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE PLAT
ENTITLED THE BANYAN, A SUBDIVISION IN THE CITY OF
MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT
AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN WITH
THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF
CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT
OF PUBLIC WORKS; AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
NOTE FOR THE RECORD: At this point, Vice Mayor
Alonso congratulates the Procurement Office for having
followed the City Commission's suggestion that they
attempt to award a greater number of bids to local and
minority vendors.
3. ACCEPT BID: MORGAN MUSIC CO., FOR FURNISHING A CONCERT GRAND PIANO AND
BENCH TO BE USED AT MANUEL ARTIME COMMUNITY CENTER (CIP 333083).
Mayor Suarez: Item 3. Commissioner Dawkins, I believe.
Commissioner Dawkins: On item 3, sir, somebody tell me why is it necessary to
buy a seventeen thousand two hundred and fifty dollar piano?
Commissioner Plummer: Because they're not spending their money. Why don't we
get one donated? And especially why do we have to have a concert grand piano?
Commissioner Dawkins: Put the mike on, please, Madam Clerk.
Mayor Suarez: I don't think the City Clerk wants us to have a grand piano.
Mr. Antonio Lisazo: A great deal of spectacles and shows at the Artime
involve classical artists that come from Latin America through the DES, Miami
Series. Every time we have to have an artist come to our Artime Center, we
have to go out and rent a piano.
8 April 2, 1992
Commissioner Plummer: No, sir. Why do you rent it? The people putting on
the production provide their own props.
Mr. Lisazo: Sir, a piano is not a prop. A piano is an instrument that
belongs in a theater like lights...
Commissioner Plummer: Do you provide clarinets and trumpets and cellos and
tubas? No, no, no. This is ridiculous. I'm sorry, I will not vote for this,
especially a facility that is requiring nine hundred thousand dollars a year
subsidy.
Mayor Suarez: Well, it's conceivable that it might reduce that subsidy. Sir,
to reduce that subsidy, if we have some of the props or whatever, the...
Commissioner Plummer: It has nothing to do with that, Mr. Mayor.
Mayor Suarez: ... the instruments. The basic one. The piano is the basic
instrument of all...
Mr. Lisazo: Yes, sir.
Commissioner Dawkins: Yeah, but what's... Since it's basic, why is it
seventeen thousand two hundred and fifty dollars basic? There's a less
expensive basic piano, I know.
Mr. Lisazo: Commissioner, a piano that is seven foot long and that has...
Commissioner Dawkins: What makes it required that it cannot be six feet or
five foot long?
Mr. Lisazo: Because concert pianos do not come in that size, sir. We are
dealing with soloists...
Commissioner Dawkins: OK. All right. You're telling me, sir, that the only
concert pianos come in seven -foot diameters. There are no concert pianos
other than a seven -foot concert piano?
Mr. Lisazo: That is correct, sir. There is...
Commissioner Dawkins: All right. I table this until I can go out and see.
You ride with me.
Mr. Lisazo: Yes, sir.
Commissioner Dawkins: OK. That's all.
Commissioner Plummer: You know. Let me continue. OK? You got another item
on here. Here's a thing that is nine hundred thousand dollars a year of
taxpayers' money. Item 16, they're going to spend seven thousand dollars for
some kind of curtains.
Mr. Lisazo: That is the front curtain to the theater.
9 April 2, 1992
Commissioner Plummer: We've already spent a million dollars fixing this place
up. We're subsidizing it to nine hundred thousand a year. There's a hundred
thousand dollars in the Federal CBD money, and I want to know where every one
of those pennies are going. Why do we keep throwing good money after a
facility that is totally subsidized by this Commission? It's ridiculous.
Mr. Cesar Odio: Commissioner, it would be an inconclusive symphony here. You
have to finish the building. We spent a lot of money in overhauling the whole
theater...
Commissioner Plummer: Mr. Manager, let me tell you something, sir. The
people of this town are damn tired of paying taxes.
Mr. Odio: And I agree, but this is not...
Commissioner Plummer: Then why are you continuously on an agenda putting more
for an agenda. I guarantee you, you go down here and ask these people in
Little Havana if they want a seventeen thousand dollar piano with their
taxes...
Mr. Odio: But how can you have...
Commissioner Plummer: ... you know what the answer is going to be. I'll tell
you what it's going to be.
Mr. Odio: How can you have a theater without a curtain? Or a piano, for that
matter?
Commissioner Plummer: How can you put a million dollars into it without
buying curtains in the first place? You didn't do it.
Mr. Odio: No, this is part of that money.
Commissioner Plummer: Mr. Manager,...
Mr. Odio: That we have to come back to you with this contract. This is part
of the grant money.
Commissioner Plummer: Hey, I'm one vote up here. All right? But you are not
going to get me to continue to throw money at something that requires nine
hundred thousand in subsidy a year. I'm sorry, sir. I am not going to waste
my money. You might want to waste yours.
Mr. Odio: But the subsidy is not the theater.
Mayor Suarez: Let me just tell the students here and general audience. This
facility used to be a church. We fixed it up to now look pretty much like a
theater and performing facility and the man all the way to my left is a great
Commissioner who has been here for a long time. He's also what we call in
Spanish - make sure you get this word down - "Tacano." You know, like... And
this one over here on my right is just about at the same level nowadays and we
call the two of them the "blues brothers."
10 April 2, 1992
•
Commissioner Plummer:
the poor house.
If it wasn't for "tacano" the rest of you would be in
Mayor Suarez: He saves us a lot of times from spending on very unwise things.
I have to admit.
Commissioner Plummer: The Latinos go from this to this.
Commissioner Dawkins: But help the youngsters understand what I'm doing. I
personally... How many of you know about pianos? Just put up your hand. OK.
Now, we are getting ready to purchase a piano for twenty thousand dollars.
OK? I guarantee you when they get through with buying it and installing it
and what have you,...
Commissioner Plummer: I guarantee you within six months, they'll steal it.
Commissioner Dawkins: ... it'll be... So it can register in your minds, we're
going to spend twenty thousand dollars for a piano that will not be used
daily. Sir, how many times a month would you say this piano would be used? A
month.
Mr. Lisazo: Usually, Commissioner, there are about two large serious
classical concerts at the Artime...
Commissioner Dawkins: I will phrase... See, tie does me like my wife. He's
answering like he wants to. So don't feel bad. OK? How many times a month,
sir, will this piano be used?
Mr. Lisazo: Two a month, sir.
Commissioner Plummer: And what's it cost you...
Mr. Lisazo: Twice a month. Approximately, twice a month.
Commissioner Dawkins: Two. Two. About twice a month.
Mr. Lisazo: Yes, sir.
Commissioner Dawkins: OK. Now, twice a month, and in your math two times
twelve is twenty-four. OK? Now, when you go back to school, I want you to
divide twenty-four into seventeen thousand and you will find out what we are
paying for a piano to sit there unused. OK? All right, now? Now be sure
that you work with your teachers and then you write me back and tell me,
Commissioner Dawkins, how much is it that we would pay for this piano to sit
there idle and then I will after we go and he shows me some other pianos, I
will send you a letter, your class, explaining to you, yes, I went along with
the piano because there was no other piano that would fit the needs described
by him, or I will write you and tell you, no, I did not go along with it and
why. OK? All right.
Commissioner De Yurre: Let me ask a couple of questions here, if I may. What
happens nowadays that you don't have a piano? Do you have to go out and rent
one?
11 April 2, 1992
Mr. Lisazo: Yes, sir. We rent the piano, usually in the average of six
hundred dollars per rental, per time. We're spending close to twenty rentals
during a fiscal year...
Commissioner De Yurre: You spent six hundred dollars per rental?
Mr. Lisazo: Yes, sir.
Commissioner Dawkins: Wait. Hold it. May I cut you off one minute, sir?
Twenty rentals. If you were having affairs twice a month,...
Mr. Lisazo: That would be twenty-four.
Commissioner Dawkins: ... two times twelve is twenty-four. Now you come down
and tell me twenty. I just want you... You all here what's happening now.
I'm sorry. Go ahead.
Mr. Lisazo: Twenty-four, twenty, twenty-three and a half...
Commissioner De Yurre: OK. So you're saying that you spent annually fourteen
thousand four hundred dollars...
Mr. Lisazo: Approximately, sir.
Commissioner De Yurre: ... in renting...
Mr. Lisazo: Yes, sir.
Commissioner De Yurre: ... a piano. What is the life expectancy of this
piano that you're proposing to purchase?
Mr. Lisazo: Anywhere from thirty to sixty years.
Commissioner De Yurre: Thirty to sixty.
Commissioner Plummer: In that location, about thirty days. About thirty
days. They'll have it out the back door.
Commissioner De Yurre: So, just so we can understand the numbers, you're
talking about that in the first year, the piano would practically pay for
itself and you'd have it free of charge at a savings of about fourteen
thousand dollars every year thereafter.
Mr. Lisazo: I would tend to agree with your statement, sir. Yes.
Commissioner De Yurre: So, you know, at least from a financial standpoint, it
makes sense.
Commissioner Plummer: Victor, I'm not saying that. OK? What I'm saying is
that if they want to rent that auditorium, the people rent it and they bring
their own instruments, they bring their own whatever they need to produce.
Mayor Suarez: Couldn't we charge something for the use of the piano and...
12 April 2, 1992
Commissioner De Yurre: People really can't... J.L., every time that Artime is
used, people come to ask us for help. I mean, people can't afford that. You
know, be realistic about it.
Vice Mayor Alonso: The problem is people will go somewhere else if they have
to rent a piano, because it is very inconvenient. They will have to transport
the piano. It's not appropriate. If you have this place and it's going to be
used and we hope that we're going to be using it as a normal theater, we have
to have the conditions. We must have a curtain, we must have a piano, we must
have what everybody else has. If not, we are not competing in the real world
and then what we should do is say, close the facility and all the money that
we have requested, the grants we have received makes no sense. I do believe
that we should look at this item carefully. Also, especially about the
curtain. We have lost many people who wanted to come to the theater to use it
because of the curtain. They cannot use it. They have been using the lights.
I know Creation Ballet, for example, that used the facility quite often said
that they have to work so much with the lights, it's costly for them. We can
even, if we have the facility up to par, we can even charge a little bit more
because they will not be using as much of the lights. That is a fact, and if
we don't look at the situation... What I will appreciate is that you people,
perhaps write a memo explaining to the members of this Commission what is the
whole picture so they understand what are the needs of the facility, and when
they have to come and vote for an item that, by the way is a grant that we
received from the State, precisely to purchase this curtain for that facility.
And now we requested the money. We put it as a priority of the City of Miami.
We went to Tallahassee. We told them it was important and iiow at the time
that we have to say yes to purchase precisely that item, we just react like it
is not important. I believe that the problem is that they need the
information to understand what is important and what is the need to solve the
problem. Also, I think it's unfair to the facility to claim that the subsidy
is so high. It is the facility, plus all the components of the building,
meaning offices that we give free of charge to different organizations and
it's unfair to the facility to say that it costs us that much money, when in
fact the facility, plus the offices, plus, plus, plus, plus. So also I'd like
to see the numbers of the facility itself so it's not burdened by the expenses
of many other things that are housed in the same building and, that when we
see the numbers, we are not as shocked and perhaps some of my fellow
Commissioners will then feel more likely to support what you are asking us to
do.
Commissioner Plummer: wadam Commissioner, let me answer if I may.
Mayor Suarez: Commissioner Plummer, we had...
Commissioner Plummer: I'm sorry.
Mayor Suarez: We've had...
Commissioner Plummer: It was comments to me, if I may.
Mayor Suarez: Do you yield, Commissioner Dawkins?
Commissioner Dawkins: No.
13 April 2, 1992
.r-
Commissioner Plummer: OK. I'll wait.
Commissioner Dawkins: OK. Thank you. I would like for the record to reflect
that Miller Dawkins did not state that a piano was not needed at the facility.
Not one time did I say that. Not one time did Miller Dawkins say the facility
should be closed. I want the records to reflect that.
Commissioner Plummer: Oh, I did.
Commissioner Dawkins: At no time did I say that we should not follow the
advice of the professionals who we have hired over there who says he needs a
piano. My concern was and still is if you cannot find a piano that costs less
than seventeen thousand dollars that will fit the same purpose and that's my
only concern.
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: Mr. Mayor, you know, it's not just, in my estimation,
the Artime Center, which is nine hundred thousand dollars a year. This City,
as I have said time and time again and will continue to say, is
overfacilitized. We have a Gusman Hall that is taking almost a quarter of a
million dollars a year in subsidy. We have a Knight Center, which is over
three million dollars a year in subsidy. We have an Artime Center, which is
nine hundred thousand dollars in subsidy. We have an amphitheater, which is
almost two hundred thousand dollars in subsidy. We have a Dinner Key
Auditorium, which I'm told is now breaking even, it's not what you say, it's
how you say it. We have a Marine Stadium that is requiring subsidy. How much
subsidy can this town stand? Just that simple.
Mr. Odio: Commissioner Plummer, may I? On the Artime Center, let's bring
that...
Commissioner Plummer: Excuse me. I see Victor smiling. The only facility
that we have in this town that is making money is the Arena.
Mr. Odio: How about the Orange Bowl?
Commissioner Plummer: The Orange Bowl is paying off everything else. The
Orange Bowl, excuse me, is automatically, as of now, seventeen million in
debt.
Mr. Odio: Well, yeah. Commissioner,...
Commissioner Plummer: No, no, no. You asked a question.
Commissioner Dawkins: OK. Let me bring this to a close. Mr. Mayor, let me
bring this to a close.
Commissioner Plummer: Let's give you the answer.
Mayor Suarez: Yeah, I just wanted to... She had wanted to say...
Commissioner Dawkins: Let me bring this to closure, please. I puii the
item...
14 April 2, 1992
Commissioner De Yurre: Notice how this thing started with a piano.
Commissioner Plummer: We both pulled it.
Commissioner Dawkins: I pull the item.
Commissioner Plummer: We both pulled it.
Commissioner Dawkins: I pulled the item. We pulled the item. All right. I
will move the item with this explanation. In the event that I find a piano
less than seventeen thousand five hundred dollars that meets the requirement,
I have a right to veto it and bring it back to the Commission.
Mayor Suarez: You have five days to do that. All right. Ma'am, at the risk
of making this much ado about a little more than nothing, would you state your
name and, I presume you're with the Carrollton group, so you're good people.
And you're not going to sort of add to the unnecessary debate on the topic,
hopefully, and would tell us something positive.
Mrs. Blanca Ivory: Well, yes...
Mayor Suarez: I mean, I can't tell you what to say, but you've seen that I've
given you some indications of what might be unwise...
Vice Mayor Alonso: I suggest you allow her to express herself.
Mayor Suarez: Name and address, please, first.
Mrs. Ivory: I'm Blanca Ivory and I'm the mother of one of the girls from the
3rd grade. It seems like... I agree very much with Mrs. Alonso and after they
all present the idea in a little bit more specific way. I don't know what
you're coming from or what... But I'm talking in behalf of the piano. It
seems like that piano is bringing us a lot of trouble, economical. So why
don't we make sure we work out that piano, like everyday. Not twice a month.
Mayor Suarez: All five of these guys?
Vice Mayor Alonso: Good.
Mrs. Ivory: Well, I see a beautiful bunch of girls over here and I'm sure
that we all can g$, you know, at least ten of them for the next century.
Another Beethoven, another Bach. If we start working now, these beautiful
talents right now and it's like, you know, no one is really concerned about
who's going to play the piano. It's who's going to pay the piano. Why don't
we all really get a group and maybe get something beautiful out of this. Make
it useful. Not just for twice a month. Let's teach it. Let's find someone
who wants to get a group and maybe come with some good ideas and maybe money
from it and...
Vice Mayor Alonso: One of the great things about theater and culture in our
City is that we have to bring that to our youngsters so they appreciate the
value of this, and then in the future, the City will not have to subsidize any
facility because people will know how to appreciate things and go and enjoy
it. So I couldn't agree more with you. Thank you for saying that.
15 April 2, 1992
Mrs. Ivory: Thank you very much. My family is street performers. We do
performance and we used to be at the Bakehouse and we had the honor to see you
before. The opening of the Bakehouse.
Mayor Suarez: That's the day I tried to swing the champagne bottle from the
top of the tower and it didn't work real well.
Mrs. Ivory: Yes. Yes. I have a picture of that.
Mayor Suarez: OK. Believe it or not.
Mrs. Ivory: But that's my opinion.
Mayor Suarez: Oopsl This is getting contagious here.
Mrs. Ivory: Thank you very much.
Mayor Suarez: OK. Thank you, Blanca.
Mrs. Nel ly Farra: Hi. I'm Nel ly Farra and I'm also a mother of a girl in
Carrollton. And I'm a CPA (Certified Public Accountant) and so on the
financial point of view, I see Mr. Plummer's point of view and I see Mr.
Dawkins' point of view and obviously this was passed already. So what you
mention as far as what we were subsidizing, it's past history. This is
already on the works and this has to be finished. So, as a civilian, I really
at this point in time, I don't see why they didn't have ready already a
comparison on prices of the piano, which would have been perfectly for Mr.
Dawkins and very important fact, and I don't understand why you don't have it
at this point, and curtains...
Mayor Suarez: Yeah, we're going to do that after the fact because the
Commissioner has requested five days to, in effect, veto the deal, but you're
pointing out correctly that it would have been better to have it before...
Mrs. Farra: Beforehand...
Mayor Suarez: Actually, we went through that... I don't want you to think we
didn't go through that exercise before. The staff did that. They just didn't
want to make a presentation to the Commission because...
Mr. Odio: No, no, no. I don't want them to get the wrong impression about
the staff. The staff does have comparisons on prices and we would be willing
to provide them right now, if you wish.
Mrs. Farra: OK. Because this would be the main thing that should have been
brought up from the first point and probably we would have avoided a lot of
argument on it, on a very, very, very small item. Thank you.
Vice Mayor Alonso: Thank you.
Mayor Suarez: We did have it. It was part of the consent agenda. Very good.
Commissioner De Yurre: It's in the package. The information is in here.
16
April 2, 1992
Ms. Judy Carter: Yes, just for the note and for the education of the kids.
We did in fact obtain prices. Also, know that we did apply the ten percent
local preference. So we are paying more, but we are paying more because of
what we agreed we would do...
Mayor Suarez: How many...
Ms. Carter: ... with regards to local vendors.
Mayor Suarez: How many bids did you get? Or how many prices?
Commissioner Plummer: You know what's nice? They're buying on a local
preference a Yamaha Japanese piano.
Mayor Suarez: No, no. Don't get into it. Don't get into it. How many
prices...
Vice Mayor Alonso: But the money will stay in Miami.
Mayor Suarez: ... did you check out? How many alternatives?
Ms. Carter: We have seven.
Mayor Suarez: We looked at seven. Ma'am, we got seven different comparative
quotes on it and...
Commissioner Plummer: We got what, sir?
Mayor Suarez: Seven comparative quotes, apparently, according...
Commissioner Plummer: Negative.
Mayor Suarez: ... to staff. No.
Vice Mayor Alonso: Well we sent the proposals...
Ms. Carter: No, we sent out proposals to various piano manufacturers.
Commissioner Plummer: Excuse me. You got two responses.
Ms. Carter: We got two responses, but...
Commissioner Plummer: That's right.
Ms. Carter: ... we solicited...
Commissioner Plummer: And you're telling me that in this town that there are
only two piano dealers. Is that true?
Ms. Carter: No, I didn't say that. I said...
Commissioner Plummer: Well, then where did you send the offer?
17
April 2, 1992
•
Ms. Carter: We said we sent out seven.
Commissioner Plummer: To where?
Ms. Carter: In the bade County, as well as the Miami, area and..,
Commissioner Plummer: And there's only two in Miami?
Ms. Carter: There are only two that responded, sir.
Commissioner Plummer: No, no, no. You send out invitations to bid...
Mayor Suarez: Seven.
Ms. Carter: Yes, to invite these vendors to be bid.
Commissioner Plummer: And you only invited two within the City of Miami. Is
that correct?
Ms. Carter: No, no. That's not correct.
Mayor Suarez: How many of the seven that were sent out were in the City of
Miami?
Commissioner Plummer: Well how many did you send out in the City?
Mayor Suarez: A very simple question. Hello.
Ms. Carter: Yes, sir?
Mayor Suarez: How many of the seven were in the City of Miami? Of the seven
that we sent to. Very simple question.
Commissioner Dawkins: And I didn't intend to have all this on just one item.
Commissioner Plummer: No, they sent out eight. Yeah, that's true. But
where? Where did they send them out?
Mayor Suarez: How many were in the City of Miami? While you get that, please
let us call the roll on the motion as stated...
Vice Mayor Alonso: Yes. I just hope the Herald will write about the Manuel
Artime and the piano so people will know that we have a great facility with a
? wonderful piano.
Mayor Suarez: Yeah, you see. All of this that we did, all of this
controversy, was actually just to spark up interest and make sure the Herald
would write something about it.
Vice. Mayor Alonso: Yes, so the world knows we own a great piano.
Mayor Suarez: Otherwise, they'll write about the fact that Van back there has
a camera on a podium or something and then the fact that Peter Joffrey over
there has less hair than he did last year, or something totally
inconsequential instead of the great piano debate.
18 April 2, 1992
•
Vice Mayor Alonso: That's because when you retire, things like this happen to
you.
Ms. Hirai: Need a second, Mr. Mayor.
Mayor Suarez: Need a second?
Vice Mayor Alonso: I second.
Mayor Suarez: Call the roll, please.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-216
A RESOLUTION ACCEPTING THE BID OF MORGAN MUSIC CO.,
FOR THE FURNISHING OF A CONCERT GRAND PIANO AND BENCH
TO BE USED AT THE MANUEL ARTIME COMMUNITY CENTER FOR
THE DEPARTMENT OF COMMUNITY DEVELOPMENT AT A TOTAL
PROPOSED COST OF $17,250.00; ALLOCATING FUNDS THEREFOR
FROM CAPITAL IMPROVEMENT PROJECT NO. 333083, ACCOUNT
CODE NO. 459501-860; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, 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.
Mayor Suarez: Ma'am.
Ms. Carter: Yes, sir. We sent out eight.
Mayor Suarez: How many local, how many Miami?
Ms. Carter: And two vendors were located within the City and of the two, one
responded.
Commissioner Plummer: And you're telling me then that there are only two
vendors of pianos in the City of Miami? Is that what you're telling me?
19 April 2, 1992
11
i
Ms. Carter: No, I'm not prepared to say that.
Commissioner Plummer: What are you telling me?
Ms. Carter: What I'm saying is that we sent out those that are on our
bidders' list...
Commissioner Plummer: If we're looking for local vendors, if we're looking
for local vendors, City residents, City businesses, why wasn't every vendor in
the City asked to bid?
Ms. Carter: Well we can explain that they don't all sell that.
Commissioner Dawkins: They did not have a Yamaha with the specifications.
Mr. Lisazo: The main pianos, Commissioner, are Steinway, Baldwin, Yamaha
and...
Commissioner Plummer: I'm not talking about the manufacturer. I'm talking
about the company that sells them.
Mr. Lisazo: I'm trying to get to that point, sir. They are usually
represented by people who have the franchise. In the whole of Miami, Dade
County, there are only three or four people who have a franchise.
Commissioner Plummer: All right, sir, I'll go to the phone book and see if
you're right, if you're wrong. If you're right, God bless you.
Mayor Suarez: Very good.
Commissioner Plummer: By the way, Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: I am asking of the Community Development, I want to
know what that hundred thousand dollars in this year's eighteenth year
funding, what that money is going for. OK?
Mr. Lisazo: It's been earmarked so far for the reinstallation of all the
windows of the theater and a new air conditioning unit, which is obsolete.
Commissioner Plummer: And we redid that place how long ago?
Mr. Frank Castaneda: No, but we have never replaced the air conditioning
since then.
Mr. Lisazo: We have never touched the windows. They're back from the
original building, sir.
Commissioner Plummer: Just for the record. I am so happy to hear, Mr. Mayor,
we're only six hundred thousand dollars in subsidy now, than we're not nine
hundred thousand. I'm sure that the...
Commissioner Dawkins: Mr. Mayor, I move the agenda.
20 April 2, 1992
Mayor Suarez: OK.
4. (A) GRANT REQUEST BY MUSCULAR DYSTROPHY ASSOCIATION FOR CLOSURE OF
DESIGNATED STREETS CONCERNING THE ANNUAL COCONUT GROVE BED RACE AND
PAJAMA 5K RUN -- ESTABLISH AREA PROHIBITED TO RETAIL PEDDLERS.
(B) GRANT REQUEST BY MIAMI WHEELERS BICYCLE CLUB FOR CLOSURE OF
DESIGNATED STREETS CONCERNING THE MIAMI WHEELERS HOME BIKE RACE.
(C) GRANT REQUEST BY RENOVACION CARISMATICA CATOLICA HISPANA FOR
PARTIAL USE OF CERTAIN STREETS DURING THEIR PROCESSION.
------------------------------------------------------------------------------
Mayor Suarez: Item 13 I think is the other one that was pulled.
Commissioner Plummer: Twelve.
Mayor Suarez: Or for clarification.
Commissioner Plummer: Mr. Mayor, I pulled...
Mayor Suarez: Twelve, rather. I'm sorry.
Commissioner Plummer: I pulled 12, 13 and 14. Mr. Manager, I've got a
concern that we had a committee for Coconut Grove that put together, so that
the people and the residents of...
NOTE FOR THE RECORD: At this point, Mayor Suarez
recognizes the presence of Sylvester A. Lukis, the
City's Washington lobbyist.
Mayor Suarez: May I interrupt you, Commissioner, for a second, please.
Because they're leaving.
Commissioner Plummer: Sure.
Mayor Suarez: Before you leave, I want you to look at one of the strangest
sites in the world. Do you want to see what a Washington, D.C. lobbyist looks
like? There he is. Mr. Lukis, please stand up and have these kids see what
someone who lobbies in Washington looks like. If you ever need to get...
Mr. Sylvester Lukis: (OFF MIKE) I'm glad that you kids had an opportunity to
see government in action. Hopefully all of you will run someday and help
these folks out.
Mayor Suarez: He's a lot nicer than he looks. Commissioner Plummer, I'm
sorry.
Mr. Odio: Commissioner,..,
21 April 2, 1992
Commissioner Plummer: I'm concerned...
Mr. Odio: You're right, but this event, the Annual Coconut Grove Bed Race was
excluded because it was grandfathered in.
Commissioner Plummer: All right. But here you've got now, two major events
on successive weekends in Coconut Grove. The Bed Race, as you said, was
exempt, but the other bike race was not exempt and I'm wondering why they're
back to back, which is what the people of Coconut Grove were so upset about.
Then item 14, I don't know where that's going to take place, whether that's
also in the Grove...
Mr. Castaneda: The bike race?
Unidentified Speaker: No, it's on the Boulevard.
Mr. Odio: No, on the Boulevard.
Commissioner Plummer: That's on the Boulevard? OK. Then my two is 12
and
13. It would seem like to me 12 was grandfathered...
Mr. Castaneda: Right.
Commissioner Plummer: Thirteen should have been moved to some other weekend.
Unidentified Speaker: Thirteen is downtown on Biscayne Boulevard, sir.
Mr. Castaneda: Yeah, Biscayne Boulevard from S.E. 1st Street to N.E.
3rd
Street.
Commissioner Plummer: It doesn't say that here.
Mr. Castaneda: I'm sorry, Commissioner, it's in the resolution.
Unidentified Speaker: It did on my application.
Commissioner Plummer: OK. Then I have no further questions.
Mayor Suarez: OK. On items 12 and 13 and 14.
Commissioner Plummer: Move them, Mr. Mayor.
Commissioner Dawkins: Second.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Commissioner Plummer: Huh? Well 14. No, I had asked for it because
they
were all festivals on weekends is the reason I asked they all be pulled at
the
same time.
Mayor Suarez: OK. The rest of the consent agenda then, we have a motion
and
a second. Any discussion? If not, please call the roll.
22 April 2, 1992
a
a
The following resolutions were introduced by Commissioner Plummer, who
moved their adoption:
RESOLUTION NO. 92-217.1
A RESOLUTION RELATED TO THE ANNUAL COCONUT GROVE BED
RACE AND PAJAMA 5K RUN, TO BE CONDUCTED MAY 17, 1992
BY THE MUSCULAR DYSTROPHY ASSOCIATION; AUTHORIZING THE
CLOSURE OF CERTAIN STREETS TO THROUGH VEHICULAR
TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION
SERVICES; ESTABLISHING AN AREA PROHIBITED TO RETAIL
PEDDLERS DURING THE PERIOD OF THE EVENTS; 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.)
RESOLUTION NO. 92-217.2
A RESOLUTION RELATED TO THE MIAMI WHEELERS HOME BIKE
RACE TO BE CONDUCTED BY THE MIAMI WHEELERS BICYCLE
CLUB ON SUNDAY, MAY 10, 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;
CONDITIONING ALL APPROVALS AND AUTHORIZATIONS HEREIN
UPON THE ORGANIZERS PAYING FOR ALL THE 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.)
23 April 2, 1992
a
RESOLUTION NO. 92-217.3
A RESOLUTION APPROVING THE PARTIAL USE OF CERTAIN
STREETS AND THOROUGHFARES DURING THE PROCESSION TO BE
CONDUCTED BY RENOVACION CARISMATICA CATOLICA HISPANA
ON MAY 16, 1992, 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 SAID STREETS TO BE UTILIZED
AS PART OF THE PROCESSION ROUTE; CONDITIONING ALL
APPROVALS AND AUTHORIZATIONS HEREIN UPON THE
ORGANIZERS PAYING ALL NECESSARY COSTS OF CITY SERVICES
AND FEES ASSOCIATED WITH SAID EVENT AND OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED
BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolutions 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.
5. GRANT REQUEST BY THE UNITED RACING COMMISSION FOR FEE WAIVER AT MIAMI
MARINE STADIUM CONCERNING THE 21ST ANNUAL MIAMI BUDWEISER UNLIMITED
HYDROPLANE REGATTA -- ACCEPT $55,000 FROM SPONSOR TO BE APPLIED TOWARD
COSTS OF CITY SERVICES -- EXECUTE AGREEMENT.
Mayor Suarez: Commissioner Plummer, you had an emergency you wanted to bring
up. Some item.
Commissioner Plummer: Oh, Mr. Mayor. The request to have the unlimited boat
race again. I have worked with the Manager. Basically, it's this scenario,
Mr. Mayor. We will make available the stadium. We will make available half
of the in -kind services. If a profit is made, first dollar back to the City
comes 100% of what we put out as far as the in -kind services are concerned. I
want to recall to your memory that this, in the past, has enjoyed anywhere
from 25 to 30 hours of ESPN coverage around the world for this community.
Mayor Suarez: How have we done economically on it? Just...
24 April 2, 1992
Commissioner Plummer: In the past, Mr. Mayor, we have put out, the TDC
(Tourist Development Council) put out fifty thousand, the Sport...
Mayor Suarez: No, from the City standpoint?
Commissioner Plummer: City standpoint, we put out fifty thousand cold cash.
All right. And by the way, excuse me, a very important factor. We are not
the promoters. It is the Unlimited Racing Commission who are the promoters.
AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE RECORD.
Commissioner Plummer: Mr. Mayor, I so move.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Not to make any odious comparisons, but this is the
equivalent of three grand pianos.
Commissioner Plummer: Sir, I would agree with you if it cost the City
anything.
Mayor Suarez: How much are we getting back, typically?
Commissioner Plummer: Mr. Mayor, you stand to make fifty percent.
Mayor Suarez: In the past that we recovered...
Commissioner Plummer: The last time we ran it, we got back seven thousand
dollars. And the high was forty-nine.
Mr. Odio: No, the difference this time really is that any risks are theirs,
any profits are ours.
Mayor Suarez: But we have netted profit in the past?
Commissioner Plummer: Oh, yeah.
Mr. Odio: Yes.
Commissioner Plummer: We've netted as much in one...
Mayor Suarez: OK. Al right. Well, that's perhaps better than the grand
pianos. I don't know. Maybe the pianos will also net us some net reduction
in the subsidy, as you call it, of that facility.
Commissioner Plummer: I have made as much as three grand pianos for the City.
Commissioner Dawkins: You or the regatta?
Commissioner Plummer: Regatta... what are you, a Miller man?
25 April 2, 1992
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-218
A RESOLUTION, WITH ATTACHMENT, RELATED TO THE 21ST
ANNUAL MIAMI BUDWEISER UNLIMITED HYDROPLANE REGATTA
("REGATTA"), SPONSORED BY THE UNITED RACING
COMMISSION, TO BE HELD AT MIAMI MARINE STADIUM IN
JUNE, 1992; WAIVING ALL FEES FOR THE USE OF THE MIAMI
MARINE STADIUM AND FOR THE PLACEMENT OF TEN (10)
BANNERS FOR SAID EVENT; ACCEPTING AN AMOUNT OF $55,000
FROM SAID SPONSOR TO BE APPLIED TOWARDS THE COSTS OF
CITY FEES AND SERVICES PROVIDED BY THE DEPARTMENT OF
POLICE, FIRE, RESCUE AND INSPECTION SERVICES, AND
GENERAL SERVICES ADMINISTRATIONISOLID WASTE, BASED
UPON THE ATTACHED PROJECTED SUMMARY BUDGET,
CONDITIONED UPON: (1) THE ORGANIZER REIMBURSING THE
CITY UP TO ONE HUNDRED PERCENT (100%) FROM THE PROFITS
GENERATED BY SAID EVENT, (2) THE CITY'S RIGHT TO AUDIT
THE ORGANIZER'S ACCOUNTING RECORDS, (3) THE ORGANIZER
OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT
AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE, AND
(4) THE ORGANIZER PAYING FOR ANY ADDITIONAL EXPENSES
NOT CONTEMPLATED IN THE PROJECTED BUDGET; FURTHER
CONDITIONED UPON THE ORGANIZER PROVIDING THE CITY WITH
100 COMPLIMENTARY TICKETS AND 20 PIT PASSES TO SAID
EVENT, EXCLUSIVE OF AUTHORIZED MEDIA REPRESENTATIVES;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
BETWEEN THE CITY OF MIAMI AND THE UNITED RACING
COMMISSION, FOR SAID EVENT.
(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.
26 April 2, 1992
W
6. SUPPORT APPROPRIATION BY CONGRESS OF $9 MILLION IN FEDERAL DEPARTMENT OF
TRANSPORTATION HIGHWAY PROGRAM FUNDS TO CONSTRUCT FIRST PHASE OF
EXPANSION PROGRAM OF U.S. ROUTE 1 (US1) ALONG THE BISCAYNE BOULEVARD
CORRIDOR LINKING THE PORT OF MIAMI TO INTERSTATE I-395.
Commissioner Plummer: Mr. Mayor, I'm asked by the Administration to present a
resolution.
AT THIS POINT COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE RECORD.
Commissioner Plummer: This is the Burle Marx resolution. I am asked by the
Administration and I so move.
Vice Mayor Alonso: I move with pleasure if we get the nine million.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-219
A RESOLUTION OF SUPPORT FOR THE APPROPRIATION BY
CONGRESS OF $9 MILLION IN FEDERAL DEPARTMENT OF
TRANSPORTATION HIGHWAY PROGRAM FUNDS TO CONSTRUCT THE
FIRST PHASE OF AN EXPANSION PROGRAM OF U.S. ROUTE 1
ALONG THE BISCAYNE BOULEVARD CORRIDOR LINKING THE PORT
OF MIAMI TO INTERSTATE I-395 TO DEMONSTRATE THAT
WIDENING BISCAYNE BOULEVARD AND ADDING THE PEDESTRIAN
SIDEWALK AND CROSSING SAFETY FACILITIES, STORM
DRAINAGE, LIGHTING AND TRAFFIC TURNING LANE,
SIGNALIZATION AND ENVIRONMENTAL IMPROVEMENTS WILL
RESULT IN SIGNIFICANT ECONOMIC DEVELOPMENT ALONG THAT
CORRIDOR.
(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:
27 April 2, 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.
7. DISCUSS AND MOMENTARILY TABLE PROPOSED EMERGENCY ORDINANCE AMENDING
10938, BY INCREASING APPROPRIATIONS TO PROJECT: GRAND AVENUE PARK
RENOVATIONS (CIP 331342), APPROPRIATING $275,000 FROM 18TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) (See label 9).
AT THIS POINT, COMMISSIONER PLUMMER READD THE EMERGENCY ORDINANCE INTO
THE RECORD (See Ordinance 10956, label 9).
Commissioner Plummer: I so move.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Call the roll.
Commissioner Plummer: It's an emergency ordinance, Madam.
Mayor Suarez: Call the roll twice, please.
Ms. Hirai: Quinn.
Mayor Suarez: Did the ordinance get read?
Commissioner Plummer: I'm sorry, sir?
A. Quinn Jones III, Esq.: Excuse me, Mr. Mayor, I've just been informed that
there is a companion item number 9 that should be passed first before this
particular item is...
Mayor Suarez: All right. We'll get to that after number 9 then.
Commissioner Plummer: Somebody ought to tell me these things.
28 April 2, 1992
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8. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND:
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) (EIGHTEENTH YEAR) --
APPROPRIATE $13,156,000 -- FURTHER APPROPRIATE $1,400,000 FROM 18TH YEAR
CDBG PROGRAM INCOME, AS APPROVED BY DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) (TOTAL APPROPRIATION $14,556,000).
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Mayor Suarez: Is number 9 controversial? Can we take it up at this point?
Out of order.
Vice Mayor Alonso: Nine.
Commissioner Plummer: I'll move item 9.
Mayor Suarez: Purchasing a violin. Establishing a new special revenue fund
entitled Community Development Block Grant Eighteenth Year and appropriating
thirteen million, etcetera, for execution of same. I'll entertain a motion on
it.
Commissioner Plummer: So moved.
Commissioner Dawkins: Under discussion.
Mayor Suarez: You want to second for discussion?
Commissioner Dawkins: Commissioner De Yurre seconded.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. All right. Commissioner Dawkins.
Commissioner Dawkins: Under discussion. What happened to the money out of
this for the Better Way? What happened to the money for the Better Way
people?
Mr. Cesar Odio: You mean the grant they were supposed to apply if they got
the lease?
Commissioner Dawkins: This is approving all of the things that we had in the
book. Right?
Mr. Frank Castaneda: With the amendments that the Commission made.
Commissioner Dawkins: All right. So now I want to know what happened to the
amendment for the money for Better Way.
Commissioner Plummer: Oh, wait, wait, wait. Excuse me. Mr. Mayor, on item
9, I think we ought to handle that individually. I really do. That's too
much to handle in one swoop and other people are probably going to want to
talk on that.
29 April 2, 1992
i
Mayor Suarez: It was scheduled for...
Commissioner Plummer: On 9.
Mayor Suarez: Nine a.m.
Commissioner Dawkins: For regular hearing.
Mr. Castaneda: Yeah.
Commissioner Dawkins: Nine a.m. OK. No problem. No problem.
Mr. Castaneda: I think that everything has been approved. I think that
the
Better Way money is coming from...
Commissioner Dawkins: No. You see,... No, wait a minute,...
Mr. Castaneda: Commissioner,...
Commissioner Dawkins: I go along with you. I don't have a problem with
your
,thinking, but you see, thinking, when I come back and ask and you tell me, I
thought, I don't have any grounds to stand on.
Mr. Castaneda: No, Commissioner. I'm waiting for my staff to get here.
The
hundred and forty thousand dollars from the general fund is going to fund
what
agencies? Is that Better Way?
Mayor Suarez: .Let me clarify in the meantime. Is there anyone here that
wishes to be heard on item 9? Let the record reflect no one stepped forward.
It was advertised for nine a.m., J.L., so we are taking it up individually. I
don't...
Commissioner Plummer: Fine.
Mr. Odio: On 9, I sent you a memo that Mr. Bailey prepared and I think you
should pay attention to it as...
Mr. Castaneda: I'm sorry, Commissioners. Better Way did not receive that
allocation. Only ten thousand dollars. That's all they were approved by the
City of Miami Commission.
Commissioner Dawkins: Only ten thousand dollars?
Mr. Castaneda: Ten thousand dollars.
Mayor Suarez: From CDBG? We didn't indicate that we were going to find some
other funds?
Mr. Castaneda: A hundred and forty thousand dollars were allocated from tax
anticipation notes which went to... which projects? Little Havana Activity
and Nutrition Centers and New Life Family Center for a hundred and three
thousand. New Life Family Center received a hundred and three thousand four
sixty-one.
30 April 2, 1992
Commissioner Dawkins: Yeah, but I only asked you, sir, one question.
Mr. Castaneda: Ten thousand dollars.
Commissioner Dawkins: OK. That's all I asked.
Mayor Suarez: OK.
Commissioner Plummer: From where?
Mr. Castaneda: Community Development.
Mayor Suarez: From CDBG. We had a minor allocation from CDBG.
Commissioner Dawkins: All right. Now is that ten thousand dollars what they
were needing in order to keep Better Way functioning and serving the public?
Mr. Castaneda: They were requesting a hundred and eighty-five thousand three
hundred dollars.
Commissioner Dawkins: And we gave them ten?
Mr. Castaneda: That is correct, Commissioner.
Commissioner Dawkins: I just want to be on the record. I mean, but see what
I need to know when what comes up, what is what.
Commissioner Plummer: Well, but let's also get on the record. Frank. Hello.
The other part of the money that was going to Beckham that was able to be
applied for by Better Way, that the monies were not totally going into Beckham
Hall. There were other monies there available as I... I forget what the
monies were.
Mr. Castaneda: Right.
Commissioner Plummer: But Better Way had a shot at getting an application in
to get a portion of those.
Mr. Odio: Once they obtained the lease from us, they can apply for, I think
it was a hundred thousand a year, for ten years or something like that.
Commissioner Plummer: It's over that, as I recall.
Mr. Odio: Or more than that. But they are going to get that, I believe.
Vice Mayor Alonso: Mr. Manager, why don't you put in the record the memo that
Mr. Herb Bailey sent in reference to this.
Mr. Odio: Yes. You want me to read it or...
Vice Mayor Alonso: At least make a comment, perhaps to remind...
Mr. Odio: This is on item 9. Herb you want to... This is on item 9, right?
31 April 2, 1992
Mr. Castaneda: Same item.
Mr. Odio: OK.
Mr. Herb Bailey: Commissioner, we thought it would probably be appropriate to
just advise you the impact of the allocations and the decision you made on
that allocation at the last Commission meeting. Some of those decisions
Impact directly on the general fund. Some of them impact on the way we have
to administer the programs, especially in the CBOs (community based
organizations). It is our opinion that we think that some CBOs now have
gotten substantially much more than the others and they may have a good case
to come back and ask for equity. Some CBOs have gotten a hundred thousand
dollars, some seventy-five thousand, when traditionally we have funded them
for fifty thousand. It has always been a standing policy of this Commission
to us, and to the Manager, that no new CEOs would be created. However, when
we accepted the recommendations of the CD Advisory Board, we created three new
CBOs. The staff, which had recommended against that, of course we abide by
what you have recommended, now feels that the expansion of the CBO activity
substantially reduced the funds that we had to contribute to the City for the
overhead and we're going to have a greater impact on the general fund this
year because we'll be able to contribute less. Under housing, I think it was
a misnomer that the five million dollars that we're getting from the homes
program could be used for administration. It cannot. We have to take
existing money from CD to fund administration of that. The requirements for
HUD to administer that program is almost as stringent as running the CD
program. However, by reducing our housing allocation which reduced the
administrative part of that by two hundred thousand dollars, it also may have
some impact in terms of asking the general fund for additional monies. We
just thought you should know and we tried to explain it as best we could in
the memo so that you could be advised.
Mr. Odio: As I understand the amount of the impact on the general fund is
about eight hundred and fifty thousand dollars a year...
Vice Mayor Alonso: That's quite a bit.
Mr. Odio: ... from this...
Commissioner Plummer: You can add that to the subsidy of our Artime Center.
Well, we got plenty of money obviously around here. We're just throwing it
everywhere.
Mr. Odio: Well, I'm saying we don't and...
Commissioner Plummer: Well, if you'd knock off some of this subsidy you'd
have some money.
Mr. Odio: Well, OK. Do you allow me...
Commissioner Plummer: But you... No, no, no.
Mr. Odio: Do you want me to rent...
32 April 2, 1992
Commissioner Plummer: You're going to throw six hundred thousand dollars into
an Artime Center,...
Mr. Odio: Commissioner.
Commissioner Plummer: ... but you don't have money to provide for Better Way.
Mr. Odio: Do you allow me to raise the rent to all those organizations...
Commissioner Plummer: A million dollars in a parking structure downtown that
I've asked you for three years to sell. It's never made money. It requires a
half a million dollars in subsidy and nobody does anything about it.
Mr. Odio: On Artime Center, Commission, Mr. Mayor, it's one pocket to
another. If we raise those organizations...
Commissioner Plummer: Yeah,..,
Mr. Odio: No.
Commissioner Plummer: ... from my pocket as a taxpayer to yours as an...
Mr. Odio: No.
Commissioner Plummer: ... administrator in the public. That's from one
pocket to another.
Mr. Odio: Well, that sounded very wrong.
Commissioner Plummer: Well....
Mr. Odio: That sounded very wrong. What I'm saying...
Commissioner Plummer: What about Gusman Hall? How much is that?
Mr. Odio: If you raise the Yiejos Utiles and if you raise all those
organizations that are at the Artime Center, their rent...
Commissioner Plummer: Don't tell me. Do it.
Mr. Odio: No. If you do that, then you have to subsidize them so they can
pay the rent. So one hand or the other. But it has been your decision for
years not to charge rent in that building...
Commissioner Plummer: How much...
_ Mr. Odio: ... and that subsidy keeps coming back up every time.
Commissioner Plummer: How much is the Gusman Center, Mr. Manager?
Mr. Odio: Gusman Center?
Commissioner Plummer: How much is Gusman subsidy by this City?
33 April 2, 1992
y �►
Mr. Odio: A hundred and fifty thousand dollars a year.
Commissioner Plummer: How much is the Knight Center, Mr. Manager?
Mr. Odio: Two point five million dollars a year.
Commissioner Plummer: Keep on going.
Mr. Odio: Yes.
Commissioner Plummer: Hey.
Mr. Odio: But, those are...
Commissioner Plummer: My taxpayer dollar to your pocket. Go ahead.
Mr. Odio: No.
Commissioner Plummer: OK?
Mr. Odio: Commissioner, I don't want to argue with you. On Artime,
specifically, if you raise the rent to cover the deficit, then you have to
give them money to pay for the rent. So,...
Commissioner Plummer: No, you can close it and sell it. OK? That's what you
can do.
Mr. Odio: That is...
Commissioner Plummer: When you have a business... Let me tell you. When
you're in business and you've got a loss year after year after year, you know
what you do. You either file for bankruptcy, you close, you change operation
or you sell it. Now how much longer are the people of this community, who are
every day getting more hard pressed for dollars, going to put up with this
crap? I'm tired of it. OK? You ran me out of the City of Miami as a person
in business. You wouldn't let me stay in business. Between your taxation and
the lack of police organization, I had to close my funeral home and move. OK?
I couldn't afford to stay in the City of Miami. And that's a hell of a thing
for a Commissioner to say, that I couldn't stay in my own City with a
business. But it's true. OK?
Mayor Suarez: OK. On item 9, we have a motion and a second. Any further
discussion? If not, please... Have we read the ordinance?
Mr. Jones: No.
Mayor Suarez: Read the ordinance. Call the roll.
34 April 2, 1992
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "COMMUNITY DEVELOPMENT BLOCK GRANT
(EIGHTEENTH YEAR)," AND APPROPRIATING $13,156,000 FOR
EXECUTION OF SAME; FURTHER APPROPRIATING THE SUM OF
$1,400,000 FROM EIGHTEENTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM INCOME AS APPROVED BY THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR
A TOTAL APPROPRIATION OF $14,556,000; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 12, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner De Yurre, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10955.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: With those provisions stated by us at the last
Commission meeting being included, I vote yes. If they're not included, I
vote no.
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9. (Continued Discussion) EMERGENCY ORDINANCE: AMEND ORDINANCE 10938 --
INCREASE APPROPRIATIONS TO PROJECT: GRAND AVENUE PARK RENOVATIONS (CIP
331342) BY $275,000 FROM THE 18TH YEAR CDBG FUNDS (See label 7).
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Mayor Suarez: This was related to an item that...
Commissioner Plummer: Mr. Mayor, that also goes back now to the Grand Avenue
Park...
Mayor Suarez: All right.
35 April 2, 1992
Commissioner Plummer: ... and that was an emergency ordinance in the amount
of two hundred and seventy-five thousand dollars asked for by the
Administration.
Vice Mayor Alonso: Yes. You have another one?
Commissioner Plummer: No, that's it.
Vice Mayor Alonso: Oh, OK.
Commissioner Plummer: Yeah, I moved it, Victor, before. I'll move it again
or one of you all can move it. I've already read it.
Commissioner Dawkins: Well, Commissioner...
Vice Mayor Alonso: So we a motion and a second.
Commissioner Dawkins: Yeah, Commissioner De Yurre will... He seconded it.
Ms. Hirai: Yes.
Commissioner Plummer: And a reminder it is an emergency item asked for.
Ms. Hirai: Yes.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10938, ADOPTED DECEMBER 5, 1991, AS AMENDED, THE
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY
INCREASING APPROPRIATIONS TO THE PROJECT ENTITLED
"GRAND AVENUE PARK RENOVATIONS", PROJECT NO. 331342,
IN THE AMOUNT OF $275,000; APPROPRIATING FUNDS IN SAID
AMOUNT FOR SAID PROJECT FROM 18TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
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:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Vice Mayor Alonso, adopted said ordinance by the following vote:
36 April 2, 1992
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10956.
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.
10. REFER REQUEST TO CODESIGNATE S.W. 7 STREET BETWEEN 17 AND 22 AVENUES AS:
CARLOS BENITEZ FERNANDEZ STREET TO CODESIGNATION REVIEW COMMITTEE.
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Commissioner Dawkins: I have three...
Commissioner Plummer: Madam Vice Mayor,...
Vice Mayor Alonso: Yes.
Commissioner Dawkins: I have three...
Commissioner Plummer: I have one...
Commissioner Dawkins: Jesus Christ, man!
Vice Mayor Alonso: Let him finish. He has dedicated to him,
so...
Commissioner Plummer: Hey, I'm doing it for the Administration.
Commissioner Dawkins: I mean, come on.
Commissioner Plummer: Miller.
Commissioner Dawkins: Give me a break, man.
Vice Mayor Alonso: ... let's go ahead.
Commissioner Plummer: Miller, not a one of them are mine except Budweiser.
Commissioner Dawkins: Say what?
Commissioner Plummer: All the rest of them are Administration.
37 April 2, 1992
Ilk
Commissioner Dawkins: Yeah, but let the Administrator get them on the damn
agenda. Come on. Give us a break, man.
Commissioner Plummer: Hey, go ahead.
Vice Mayor Alonso: OK. So I understand then that he yields to Commissioner
Dawkins.
Commissioner Dawkins: We got an agenda and you sit over there and read six
items and tell me about the Administration wants it.
Commissioner Plummer: Mr. City Manager.
Commissioner Dawkins: That's Miller Dawkins said that to him.
Commissioner Plummer: Sir. In the future,... No, no, not that one. In the
future,...
Commissioner Dawkins: No, put them through today, but in the future let's
don't do it.
Commissioner Plummer: In the future, any time, Mr. Manager, you want me to
read something for the Administration, I would ask, please that you take it to
every Commissioner first before you ask me to read it. OK? Please.
Commissioner Dawkins: Go ahead. Run it through. I mean, we...
Commissioner Plummer: Only I think this is not from the administration.
Simply a man that was well-known in this community who did a number of good
things that has been asked that a street be named after him, Carlos Benitez
Fernandez. God rest his soul.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Super guy. And I would move at this time that we send
to the memorial committee for consideration, Southwest Seventh Street where
his office existed, his law office, to be considered from 17th to 27th Avenue,
maybe a little less or a little more, but at least that be considered. I so
move.
Commissioner Dawkins: Second.
Vice Mayor Alonso: Motion and a second. Will you please call the roll?
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-220
A MOTION REFERRING TO THE CODESIGNATION REVIEW
COMMITTEE REQUEST RECEIVED FOR CODESIGNATION OF SOUTH
WEST 7TH STREET FROM 17TH AVENUE TO 22ND AVENUE AS
"CARLOS BENITEZ FERNANDEZ STREET.
38 April 2, 1992
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
Mr. Jones: Excuse me, Commissioner. Was it your instruction because I think
this has to go before the Street Codesignation Committee.
Vice Mayor Alonso: That's what we did. That's exactly what we did.
Commissioner Plummer: That's what I said. Yeah.
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11. DISCUSS AND REFER TO MANAGER REQUEST BY SHONNAE J. BRUNSON FOR: (a)
CLOSURE OF DESIGNATED STREETS CONCERNING A TRADITIONAL AFRICAN WEDDING
AND A MOTHERS' DAY PARADE, AND (b) WAIVER OF ALL RELATED CITY FEES.
Commissioner Dawkins: I've got three pocket items here.
Vice Mayor Alonso: OK, Commissioner.
Commissioner Dawkins: One of them is, Mrs. Brunson, will you come forward
please? Mr. and Mrs. Brunson are requesting the street closure for a
traditional African wedding. Will you explain what you need and we'll see if
the Commission can meet your requirements. Give your name and address please.
Mrs. Shonnae Brunson: OK. The address is...
Commissioner Dawkins: Your name and address.
Mrs. Brunson: My address?
Commissioner Dawkins: Name and address, please.
Mrs. Brunson: My name is Shonnae Jock Brunson and my address is 7020 N.E. 5th
Avenue. OK. My request is to, if it's possible that you can block off Fifth
Avenue and Seventy-first and 70th Street for my wedding ceremony. It's going
to be a traditional African wedding ceremony and I would like to know if it's
possible that you can do this for me and waive fees? Because it's going to be
a traditional wedding as far as African wedding there will be Haitian American
and African American there, so it's going to be a large crowd and we would
like to know if it's possible. Also, I would like to know if it's possible
that we can block off 59th street between Biscayne Boulevard to Northeast
Fifth Avenue, it's half a block. We need it for a Mothers' Day African
ceremony. We would like to have a Mothers' Day Parade.
39 April 2, 1992
11
Commissioner Dawkins: When is your wedding?
Mrs. Brunson: My wedding is on April 25th, 1992.
Commissioner Dawkins: I move that we refer this to the Manager to try to work
it out and see what they can come up with.
Mrs. Brunson: OK.
Commissioner Plummer: Second.
Commissioner Dawkins: Call the roll, Madam Clerk.
Vice Mayor Alonso: Call the roll, please.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-221
A MOTION TO REFER TO THE CITY MANAGER REQUEST BY
SHONNAE J. BRUNSON, FOR: (a) CLOSURE OF DESIGNATED
STREETS (FROM N.W. 5TH AVENUE BETWEEN 70TH AND 71ST
STREETS) FOR THE HOLDING OF A TRADITIONAL AFRICAN
WEDDING, TO BE HELD ON APRIL 25, 1992; (b) CLOSURE OF
DESIGNATED STREETS (59TH STREET, FROM BISCAYNE
BOULEVARD TO N.E. 5TH AVENUE) FOR A MOTHERS' DAY
PARADE; AND (c) REQUEST FOR A WAIVER OF ALL RELATED
CITY FEES, IN CONNECTION THEREWITH.
Upon being seconded by Commissioner Plummer, 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
NOES: None.
ABSENT: Mayor Xavier L. Suarez
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Since the police department is so tickled pink about
this item, I would of course send it to them for...
Commissioner Dawkins: ... their review and recommendation.
Commissioner Plummer: Of course.
Commissioner Dawkins: You have to go see them.
40 April 2, 1992
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12. AUTHORIZE CITY MANAGER TO ACCEPT A GRANT OF $571,401 FROM STATE OF
FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION IN CONNECTION WITH THE
CITY'S RECYCLING PROGRAM (See labels 15 & 52).
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Commissioner Dawkins: The other one I have is, you know we get money each
year from the State of Florida for the recycling program and this is the last
time I think, we need, so I'd like to make a resolution that we accept, an
ordinance that we accept the five hundred and seventy one thousand dollars and
change that is given each year, five hundred and seventy-one thousand four
hundred and one dollars, that the State of Florida issues to us for the
recycling program, because this may be the last year that we get it, so I so
move.
Vice Mayor Alonso: Do we have a second?
Commissioner Plummer: Second. Any free money we can get.
Vice Mayor Alonso: Yes, I know. Pleased to receive. Call the roll, please.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-222
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FROM
THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL
REGULATION, IN THE AMOUNT OF $571,401 FOR FY192; SAID
GRANT AWARD TO BE USED IN CONNECTION WITH RECYCLING
PROGRAM DEVELOPMENT AND OPERATION AND RELATED
EDUCATIONAL AND PROMOTIONAL PURPOSES; FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO THE
NECESSARY AGREEMENTS TO ACCEPT AND IMPLEMENT SAID
GRANT SUBJECT TO APPLICABLE CITY CODE PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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
NOES: None.
ABSENT: Mayor Xavier L. Suarez
41 April 2, 1992
13. DISCUSSION CONCERNING THE TWO PERCENT RESORT TAX.
Vice Mayor Alonso: And the last item.
Commissioner Dawkins: The other one that I have is that I would like to go on
record, and I hope that this Commission goes on record. We've taken quite a
beating on the two percent resort tax. Everybody has said that we are the
only flies in the ointment, but in an editorial on March 11th, a Mr. M.G.
Mighdoll said that this $20,000 was supposed to assist the homeless, help
promote attractions such as Vizcaya, Metrozoo, and add to the Greater Miami
Convention and Business Bureau. He also said that: "Opponents say that much
of the bill would be footed by visitors. The truth 1s the largest share would
be paid by our local residents." Then I'd like to read what our elected
officials said. The gentleman who's over the Dade Historic Preservation Board
said, and I'm going to read for you. He said: "Three museums and the
Council, the Metro -Dade Historic Preservation Board have until September 30th
to find a dedicated source of funding or face a difficult year." Which means
that these things were to be funded from the tax. OK? Then: "The extension
of the tourist development tax already imposed on hotels would have raised
about twenty-one million for the first year for tourism..."
Commissioner Plummer: Ten percent.
Commissioner Dawkins: "... County supported culture, economic development and
homeless programs..." And then it also goes on to say: "Although the County
Commissioners had approved of the idea of funding sources for County -supported
cultural programs during its budget session last fall, the final proposal was
never discussed by the County Commission." And I'm reading from the "Miami
Today." Mr. Springs, who heads the Dade County whatever said: "The three
museums that would have benefited from the tax, the Center for the Fine Arts,
the Historical Museum of South Florida, and the Museum of Science, are all
within Miami City limits and should have received City support.
Representative John Cosgrove said: 'I am still committed to finding a
dedicated funding source for cultural programs in Dade County. It would also
please me to find a dedicated funding source for the homeless, and it would
also be fine with me to further encourage tourism and economic development.
But,' said Representative Cosgrove, 'My primary concern is for cultural
programs.'" And then we have another local official who says: "I'm stunned
and bitterly disappointed that the City of Miami did what it did." Metro
Commissioner Mary Collins said. "As conservative as I am, I am not for taxes.
I believe this is a level where we have to provide the services for the
homeless, culture, economic development, tourism. Most of it goes to the City
of Miami." I don't know how we get most of it. "The homeless aren't in
Homestead and they supported it. No one would have been hurt, least of all
restaurants." Now she says: "Two percent on a smaller tab wouldn't have been
much. It's not a lot," she said. "It wouldn't affect mom and pops because
their bills aren't that high." Now that's how concerned she is with the small
businessman, so I'd like to say that we need to go on record, I think, telling
the public we are not anti this tax, and since everybody says that the
homeless are within the City of Miami, and if they want, we will go to
42 April 2, 1992
Tallahassee with them, but if they put the two percent tax out for the
homeless, the entire two percent should come to the City of Miami to be used
at the City of Miami's discretion, not the County's discretion, and then this
Commission would use it - the $20 million - to try to alleviate our homeless
problems, and when we go on record saying that - I mean, if we do - then the
public should understand that it's not that we're anti this tax. We're anti
it not being used for what they say it's to be used for.
Mayor Suarez: What is the area of impingement of the tax, in simple terms. I
know that most - that tax already exists in Miami Beach and some other parts
of the County, so if it were extended, in effect, what areas would newly be
taxed that were not before?
Commissioner Plummer: Everything but Sunny Isles and Miami Beach.
Mayor Suarez: Everything but Sunny Isles and Miami Beach. Now, for that same
jurisdiction, or for that same geographical area, I believe that the bed tax
has been calculated to produce 47% of the total take comes from City of Miami
hotels, when it's a hotel tax. Does that apply, do you think, to this tax? -
that same rough proportion? Maybe even higher.
Commissioner Plummer: It would serve - what was estimated was between 44 and
47 percent.
Mayor Suarez: And, of course, in this case you're catching restaurants, and I
think we probably have an even higher preponderance of restaurants. What was
the minimum proposed exemption, or the threshold at which the tax would not
apply? How many tables, or how many chairs for a hotel?
Commissioner Plummer: I think it was under fifty, as I recall.
Commissioner Dawkins: No, no, it didn't say that at all, sir. What it
said...
Mayor Suarez: I think it was, yes.
Commissioner Dawkins: No, no, Mr. Mayor, no. What it said is - and I have...
Mayor Suarez: Or it gave the County the option of setting that limit?
Commissioner Dawkins: No. I have it here. It said: "Any new tax can be
taxed on to any establishment which sells food and alcoholic beverages."
Vice Mayor Alonso: Right.
Mayor Suarez: Which then comes under the State rules, which are, I think two
hundred...
Commissioner Dawkins: No, sir. It did not say - no, no.
Commissioner Plummer: Oh, no, no, no. As proposed, Miller's telling you like
it is. What Miller's telling you is the way it was proposed. One of the
amendments that was offered...
43
April 2, 1992
E
a
Mayor Suarez: Beer and wine, and food.
Commissioner Plummer: One of the amendments that was offered was to exclude
facilities with less than fifty. That was one of the amendments, but of
course, it did not pass.
Mayor Suarez: Oh, I see. I'm thinking of the one three years ago which I was
very involved in trying to get - and I think more than one of us here - in
trying to get a fair share of it for economic development projects, excluded
any establishment that didn't have a liquor licence, and therefore, under
State law, anything under 200 seats - or I forget how many square feet of
restaurant.
Commissioner Plummer: That was for a four COP (consume on premises).
Mr. Aurelio Perez-Lugones: That is because there is a liquor licence, Mr.
Mayor, but this is an alcoholic beverage licence. Any sandwich shop that
serves beer and wine would be taxed.
Commissioner Dawkins: And food.
Mayor Suarez: OK. Who can have...?
Commissioner Dawkins: Beer, wine and food.
Mr. Perez-Lugones: And food, yes.
Mayor Suarez: As to the other ordinance, the one, or rather the other
legislative effort - the one that took place three years ago - because I saw
Commissioner Dawkins's memo, and wanted to air fully where this Commission
would like to go - if we could still revive some of this - if it made sense to
revive it. The one that was passed three years ago, and that he referred to
in reading about Representative Cosgrove and his comments. That one lapsed in
the County Commission and they never took action on it, but that legislative
enactment - State legislative enactment - is still on the books, according to
Senator Diaz-Balart.
Commissioner Dawkins: But this is an additional two percent.
Mr. Perez-Lugones: No, this is...
Commissioner Plummer: Beyond -
Mayor Suarez: No, no, the food and beverage one for restaurants. That was
never enacted. The County got into a big argument. I remember that by the
time we got it back, remember? - With all the allocation was going to be 35
percent for economic development, et cetera, after all those battles, and then
the County never enacted it. And Senator Diaz-Balart, the chairman of the
Delegation, told me that that's still on the books - that law. Do you have
that? Can you get that to me, as soon as...?
Mr. Perez-Lugones: I will research that and be back to you.
44 April 2, 1992
0 1 0
Mayor Suarez: I don't think it provides, by the way, for the arts at all. I
think it is for tourism promotion, economic development, et cetera, by a
preestablished formula, and if this Commission felt that that was a more
acceptable imposition of a food and beverage tax - because what's happening
right now is that this is being imposed in other parts of the County. It is
not being imposed in most parts of - in all of the City. We're losing out on
the revenue and, of course, as Commissioner Dawkins has stated, the concern is
that it is going to be imposed in an incorrect way, and also, that we're not
going to see the benefits of it for our citizens, and we're not going to have
the handling of it.
Commissioner Plummer: Well, it's dead now.
Vice Mayor Alonso: It is, yes.
Mayor Suarez: It is not - nothing is dead, but the one that I'm talking about
is already in the books of the State of Florida legislation. All we need to
do is to see if we're interested in pursuing that and getting the message
clear to the County Commission on it.
Mr. Perez-Lugones: I'll research that and be back to you, sir.
Commissioner Dawkins: OK, let me say, the Mayor and I are saying two
-{ different things. The Mayor's talking about the two percent that's already
passed. I'm talking about the two percent expanded that they want to add and
_ which they want to take 40 percent of that for the tourism. Then they want to
take 30 percent for homeless.
Commissioner Plummer: No, no, no.
Commissioner Dawkins: I'm sorry, I mean...
Commissioner Plummer: No. Ten percent for the homeless is what I saw.
Commissioner Dawkins: Yes, yes, about twelve percent.
Commissioner Plummer: Ten percent for the homeless.
Commissioner Dawkins: They want to take 20 percent for cultural et cetera,
with 51 percent of the 30 percent going to the homeless.
Mayor Suarez: Yes. It's a combined percentage.
Vice Mayor Alonso: Yes, that's what, yes.
Commissioner Dawkins: Which comes out about twelve to fifteen percent. OK?
So that's the two percent expanded tax I'm talking about. And I have the
whole tax here - got the whole thing here. And that's what we just finished
discussing.
Commissioner Plummer: Well, I think what you ought to put on the record,
Commissioner, is the fact that there were two cities that opposed. One was
the City of Miami. The other was the City of Hialeah. The action that took
place in Tallahassee, strangely enough, was, in fact, that this could have
45 April 2, 1992
passed if it went to a local referendum. But Dade County fought tooth and
nail that it go to a local referendum, number one. I tried to make an offer
that said, heyl - fine, instigate your thing and let the City come back with
as much money as we generate. Oh, nol They don't want to hear that. I said,
don't put me in a position - me, the City of Miami - or I've got to go to
Metropolitan Dade County with my hat in my hand to ask for money that was
raised in my locale. That's ludicrous. And especially when you're putting
this under the guise of being for the homeless, and at best, they're going to
get ten percent of the money. That's ridiculous.
Commissioner Dawkins: And inside of the law, J.L., it says, written in the
law, all of this money will be spent at the discretion of this County, which
means that don't care what you vote, if the County's discretion is that it can
be used for something, they use it, because it's in the law. That's the way
the law is written.
Mayor Suarez: As a matter of principle, if there were the ability to impose a
food and beverage tax on restaurants, in similar facilities located in areas
other than Sunny Isles and Miami Beach, where it now exists, and if the small
mom and pop type restaurants and facilities, and sandwich shops were excluded,
what would be a logical split of - and of course with the City having at least
some oversight over it - of the funds that would make this Commission be
inclined to at least consider being favorable to it?
Commissioner Plummer: I stated for the record...
Commissioner Dawkins: Eighty -twenty.
Commissioner Plummer: What?
Commissioner Dawkins: Eighty percent to us and twenty percent to them.
i Commissioner Plummer: No, no, I...
Mayor Suarez: But if you did it in terms of purposes, not in terms of who
manages it, because we can always get around the issue of management. I think
- if the money is spent for the right purpose.
Commissioner Plummer: Mr. Mayor, I have stated for the record, and I'll
continue. I don't think that we should accept a penny less than what is
generated within this City.
Mayor Suarez: So that's the key. The key, then, is not so much the purposes,
_ but the fact that we would have total discretion over, let's say, suppose it
were 40% of the funds coming back to the City, reflecting a percentage between
forty and fifty that is presumably gathered, or collected in the City of
Miami. Supposing it were forty -forty -twenty, let's say, and the other twenty
could go directly to tourism and promotion, or directly to...
Commissioner Plummer: Fine, fine.
i'.
Mayor Suarez: Forty percent could be for economic development, apportioned by
the County. Forty percent could be for the homeless, with the City having the
principal voice in that, and twenty percent for tourism and promotion.
46 April 2, 1992
Commissioner Plummer: No.
f
Commissioner Dawkins: No, I mean...
Mayor Suarez: I know Nora would like to spend some money on the arts, but...
Commissioner Dawkins: That's fine, but I'm saying it's dead now, and if 1t
resurfaces, it would have to resurface next year. We got from now until they
get through playing up there with redistricting, and everything, to get our
act together. I'm here until ninety-three. That means I'm here through the
next session. And until they wipe out that at the County's discretion, I
don't even want to discuss it. I don't want to discuss no part of it.
Commissioner Plummer: Let me tell you one thing you'd better think about,
because it's coming down the pike, I heard last night. A certain individual
who's running for governor is proposing that the sales tax be applied to all,
all places it can be applied, and cutting it to three percent. Interesting
concept because they can demonstrate, supposedly...
Mayor Suarez: That that produces as much...
Commissioner Plummer: That that will produce adequate monies to fund
education, so it's an interesting concept.
Mayor Suarez: To eliminate all the exemptions and apply...
Commissioner Plummer: All exemptions, except food and medicine.
Mayor Suarez: Right, except the basic necessities.
Commissioner Plummer: Right.
Mayor Suarez: Commissioner Dawkins -
Vice Mayor Alonso: Three percent?
Commissioner Plummer: It will be interesting.
Commissioner Dawkins: Yes, sir, Mr. Mayor.
i
Mayor Suarez: If it said, suppose it said at the County's discretion and...
Vice Mayor Alonso: Whatever is County discretion is, it's serious. Think
again.
Mayor Suarez: Wait a minute, wait a minute, I'm trying to come up with
wording here that might... Supposing it said at the combined County and
City's discretion for the percentage that is produced within the City of
-; Miami.
Commissioner Dawkins: I could accept that, Mr. Mayor. If I had not been here
just a little less time than J.L. Plummer. This is the same County that has
told J.L. Plummer from time to time, trust me.
i
47 April 2, 1992
Mayor Suarez: Suppose then...
Commissioner Dawkins: Listen to me, nowt
Mayor Suarez: Yeah, but I see where you're heading, and I got another idea.
Commissioner Dawkins: We trusted them and they passed the hospital tax.
Commissioner Plummer: Yeah.
Commissioner Dawkins: And we trusted them and, at their discretion, they
replaced General Fund money with the hospital tax and they said, what J.L.?
Trust me.
Commissioner Plummer: Oh, yeah.
Commissioner Dawkins: And now you want me to trust them again, Mr. Mayor?
Commissioner Plummer: Same thing about the lottery...
Mayor Suarez: All right, how about this? If it said at the City's discretion
as to the percent that is derived from City facilities and the County's
discretion as to the rest?
Commissioner Dawkins: No, that the State of Florida sends me my portion of it
direct to use at my discretion, and it does not go to the County at all.
Mayor Suarez: I know, but that's going to take a major structural change.
Vice Mayor Alonso: And also meaning that all the facilities will be taxed.
Mayor Suarez: Do me a favor, Aurelio.
Mr. Perez-Lugones: Yes, sir.
Mayor Suarez: No, no, of course always subject to the mom and pop exemptions
that I think should have been built into it. Would you just jot down for me
those two wordings. I know that we don't have a resolution of approval, or
anything like that, but for my own use, though, I think to a great extent they
reflect the concerns of this Commission, in addition to what the vice mayor
said, of course, that you have to exempt anyone who is not really catering, in
fact, to 80% tourist. The small ones that can't afford it, that could
conceivably be put out of business if they have a two percent addition to - or
reduction - on their gross revenues. So those two would be conditions that I
think would reflect what this Commission's concerned about, and I don't think
it's dead, and I particularly don't think that the other one that was passed
three years ago is dead, because that's still on the books.
Mr. Perez-Lugones: That isn't the book...
Mayor Suarez: But it's not been implemented, folks. There's no money coming
in on it.
48 April 2, 1992
Mr. Perez-Lugones: This one is dead.
Mayor Suarez: The County never passed it.
Mr. Perez-Lugones: This one is dead in the Senate. It was voted down and
then it was reconsidered, and then voted down again.
Mayor Suarez: Nothing's dead up there.
Mr. Perez-Lugones: So that means that..
Mayor Suarez: Nothing's dead except certain...
Mr. Perez-Lugones: But because of their own rules, that cannot be brought
back.
Vice Mayor Alonso: That's right.
Mayor Suarez: I'm sorry?
Mr. Perez-Lugones: Because of their own rules, after you reconsider and it is
defeated, you cannot bring the issue back.
Mayor Suarez: They can get around it. We've seen them. All right, folks, on
item...
Vice Mayor Alonso: Mr. Mayor, I...
Mayor Suarez: Yes, vice mayor Alonso.
Vice Mayor Alonso: I hate to do this because I have seen a lot of pocket
items this morning, but I have two...
Commissioner Dawkins: What is the consensus of this group here on this tax?
Mayor Suarez: I think if you exempted the small providers, the small shops,
etc., and if we had control over at least that portion that is derived from
the City, I would be in favor.
Commissioner Dawkins: OK, now, my feeling is that if they don't give it all
to me, I'm not in favor of it, so we have to let... No, let everybody... Let
the Miami Herald be able to print what the consensus is. What's your
consensus, young fellow?
Commissioner Plummer: I didn't hear you. On what?
Mayor Suarez: I'm not sure that we can develop a consensus today on it, but
we...
Commissioner Plummer: Well, Mr. Mayor, are we not spinning our wheels? As
far as I know, for this year, it's dead.
Mayor Suarez: We just went through all of that.
49 April 2, 1992
0
2
Vice Mayor Alonso: Aren't we glad!
Mayor Suarez: The vice mayor has an item.
discuss the other item further, why don't we go
Unless anyone else wants to
on to her item, please.
14. GRANT FUNDING REQUEST BY CITY'S FILM COORDINATOR, NORA SWAN, FOR A
$7,500 GRANT TO COVER USER FEES AT GUSMAN CULTURAL CENTER IN CONNECTION
WITH: THE INTERNATIONAL CO -PRODUCTION FILM MARKET AND CONFERENCE OF
FLORIDA '92.
Vice Mayor Alonso: Yes, I have two items and I hope that the presentations
will be very, very short because as you see we have not started our regular
agenda, so I appreciate if you people come to us. I'd like to recognize Nora
Swan first, and she will explain to us. This is in reference to the
International Co -Production Film market and Conference of Florida 92.
Ms. Nora Swan: Thank you very much.
Vice Mayor Alonso: Go to the mike.
Ms. Swan: Yes, first of all, thank you so much for hearing us today and thank
you, Mayor and Commissioners, and I want to thank all of you too for the
support that you have given to this event, the International Co -Production
Film Market, which is bringing in the major filmmakers from all over the
world. What we have here before us now, is that three of the top events, and
this is the first time, in order to sell the business of film, and we are
talking about bringing in millions of dollars of business and jobs. Three of
them are to be held, showcased, at Gusman Cultural Center. The opening night
on the 9th of April is going to be a universal world premiere. It's "The
Babe," and it's the story of Babe Ruth. This is a great coup for us because
of our great interest in, of course, baseball, and having the majors here.
The second night, will be a salute to the black filmmakers, and what we have
there is one of the top films, "Daughters of the Dust", and we are going to be
giving awards to, I am sorry, I really should have given these out. And this
would be a first also, where we would be showing and giving awards to the top
black filmmakers in this country. The third night will be on Saturday, and
that is Spanish TV live, and we have some of the most exciting shows all those
three days. We are not selling tickets. It's going to be, we're going to be
inviting the public and the people who will be doing business. Also, the four
hundred top filmmakers who will be coming and what we would like to ask you is
in some way to work out that the fee, I know you can't waive the fee, but we
cannot afford since we are giving this, and we are doing all of this, if you
can work out some way so that the amount of money that has to go for Gusman
would be in some way internally, or whichever way.
Vice Mayor Alonso: ...How much are you talking about?
Ms. Swan: It is, we're talking about seventy-five hundred dollars for the
three nights. I also would if... I have David Wilson here and he is here
representing the second night, although he works with us on everything, and
maybe he could mention something about the importance of this.
50
April 2, 1992
Mr. David Wilson: Good morning. My name is David Wilson. I would just like
to say, first, that I am a native of Miami. I went through the public school
systems here and the University of Miami and I guess this is my first time
coming down here, so this is an interesting experience. I'd like to say that
the black filmmakers night, that will be honoring black filmmakers, has the
potential to be a great success. I travel around the country because I
represent a number of athletes and entertainers and people in the film
business and I am always talking of the importance of Miami. The largest
export of this country is films and entertainment, and I think it's a great
opportunity to have some of the people that we will have coming to Miami, to
see Miami and to showcase Miami. In addition, I have arranged to have a
number of the people that will be coming in town to speak at Florida Memorial
College. We also will be doing a tour of Liberty City, et cetera. I think
that seventy-five hundred dollars is not a whole lot of money compared to the
goodwill that we can develop. If we can develop a film industry here that
would be a great business industry for us and would go a long way in terms of
employment so I think it's real important that this thing gets done, and as a
person who lives in the City of Miami, this is my first time coming down, so
I'd like to hope that my tax dollars have been looked at very well and that
you know this would be considered highly and we really would appreciate it. I
know the folks that would be coming in town represent the black filmmakers and
we've talked with people from Spike Lee to John Singleton, and these people
are very, very excited. So I hope that we will be able to get this thing done
today. Thank you.
Ms. Swan: Yes, I am sorry. We have one person for the Saturday night, the
Spanish TV live, Luis Mejia.
Mr. Luis Mejia: Commissioners, Mayor Suarez, my name is Luis Mejia. I live
at 435 Marquesa Drive, Coral Gables. I've been... this is my second year,
really third year, working with Nora on this project. Last year we had the
most incredible turnout. We feel, as do a lot of people in the industry, and
I saw in the Miami Herald a couple days ago, Governor Chiles had mentioned the
importance of the film industry here in South Florida. On Saturday we are
bringing Luca Bentivoglio of Hollywood, to give him a special award, as Lucia
Mendez who is right now co- producing with Telemundo and Capital Vision right
here in Miami a major production that will be seen all over the United States
and Latin America. That Saturday we are also giving an award to Delia Fiallo
who is the number one Hispanic "telenovela" writer and the beauty about Luca,
is that he is going to do his show from here in Miami, so see the potential of
Miami being promoted in such a positive way all over Latin America and the
United States. It's going to be shown April 16 on the show on Univision. I
really just want to encourage the support for this conference mainly because
it's the business of film. I don't think it has, there's nothing more
powerful than having a film industry here in South Florida as opposed to maybe
a film festival which is more of a glamor thing but just the business of film
which could be very powerful.
Mr. Odio: What I, if you want to recommend that we, let us deal with the Off -
Street Parking Authority to waive this, so that they would waive this.
Mayor Suarez: Absolutely.
51 April 2, 1992
Vice Mayor Alonso: Great.
Mr. Odio: One way or the other.
Commissioner Plummer: Let me ask a question. The registration. What are
those monies going for? —
Mr. Mejia: Registration.
Ms. Swan: All right The registration is going. We invited about forty to
sixty, well no, forty people and then we have many sponsors who come here.
The registrations go to cover the expense.
Commissioner Plummer: How much money will you derive from the registration?
Ms. Swan: Probably, maybe, I don't know, fifteen thousand dollars, maybe
twenty thousand dollars.
Commissioner Plummer: And that money is going for what purpose?
Ms. Swan: To pay for the hotel and the airlines and food functions.
Commissioner Plummer: For whom?
Ms. Swan: For the invitees, for the key people. Would you like to know some
of the people who are coming? Is that...?
Commissioner Plummer: No, no, no. The only reason I am asking
is. You know, I see it here as a nonprofit. Didn't we, in the International
Trade, give you - how much money?
Ms. Swan: Thirty...
Commissioner Plummer: Thirty thousand. For this conference?
Ms. Swan: Yes.
Vice Mayor Alonso: For this?
Commissioner Plummer: See, this is where. That's the problem.
Vice Mayor Alonso: No, no, what is important is that...
Commissioner Plumper: We gave the money for the conference and now they're
going to be raising, according to her, somewhere in the neighborhood of
fifteen thousand, and now they are asking for another seventy-five hundred.
Mr. Odio: If they have any profit, it comes back to the...
Ms. Swan: Yes.
Commissioner Plumper: No, there's not going to be any profit, Mr. Manager,
{ because one of the things that we were leery of was why we were providing free
accommodations of hotel, and airlines, and all of that, for visitors from out
f
of town.
52 April 2, 1992
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Ms. Swan: I am sorry these are not visitors from... these are people, top
people in the film industry, like we are giving an award to David Putnam.
Commissioner Plummer: Mr. Bailey, this is under your department. Can I have
your comments on this please? And I think you'd better correct this brochure,
because according to this brochure, contact Nora Swan, Executive Director of
the City of Miami Department of Development. I thought you were, but that's
all right. It's not the way it's written here. Go ahead, Mr. Bailey.
Mr. Herb Bailey: All right, we will, we'll look into that. Each year we give
this. The amount that we contribute and the amount that we get from
registration barely covers the cost of putting on the event. There are
certain people we need to have here that are prominent in the industry that
for, if you did not, provide them with some of the costs that they would have
to incur to come here, we couldn't get them, and it is essential that we have
the kind of prominence that we invite here to make the film conference
credible. So the money that comes in pays for the hotel and the expenses of
carrying on the conference and those expenses that we have to pay to get the
top-notch people from Hollywood to come down here to be representatives of the
film industry. And that happens in just about every conference that I do. In
fact, if I go to a conference, if I am invited, if they don't pay for me
coming, I don't even go. And that's what happens in this case. Just about
every film festival or film event that's given anywhere, you do have to pay
for certain dignitaries who are there to contribute to the credibility of what
we are trying to do for Miami.
Vice Mayor Alonso: OK. So your recommendation is yes that indeed that we
fund this.
Mr. Bailey: Yes. We have an exact accounting every year and each year we've
run a deficit and we take another year trying to figure out how to cover that
deficit.
Vice Mayor Alonso: You know something that I'd like to see, next budget.
That we take this into account on a regular basis and we don't have to go
through this exercise and we know that we are funding something that will
bring economic development to the City of Miami due to the fact that the film
industry is something to look forward and something very important for Miami.
And if we include it at the budget time as part of what we do, because in
fact, I've been seeing this through the years, and it should be funded on a
regular basis and addressed as an item that we don't have to take as a pocket
item of the City Commission but part of the regular budget that should be
looked at. I advise that for the next year that's exactly what we should do.
Commissioner Plummer: But, Madam Commissioner, that's what we tried to do by
putting thirty thousand dollars into the International Trade. And now, of
course, they are asking for more. That's the problem.
Vice Mayor Alonso: What I am trying to say, whatever amount we decide at
budget time, we said and that is the amount we should allow for this activity
and address in a logical way the amount that will be needed to develop this.
I so move that we approve based on the importance of this event of what it
— i will mean to Miami and the future possibility of the film industry really
developing in Miami, so I so move.
53 April 2, 1992
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a
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If, not please call the roll.
Commissioner Plummer: I will ask, Mr. Mayor, please, that a list be furnished
to every member of this Commission, of all participants who received free
hotel and food accommodations. I would like to know the names of those
individuals and how much they received.
Vice Mayor Alonso: Yes, and a copy of a budget. I'd really appreciate it.
Mr. Bailey: We'll do that. And we even get complementary rooms from the
hotel. We'll give you the entire accounting.
Commissioner Plummer: OK.
Vice Mayor Alonso: Thank you.
Mayor Suarez: Did you, was the intention of the motion, as I understood it,
that it not be from general revenues of the City but that they work it out
with the Off -Street Parking?
Mr. Bailey: The Manager recommended that, yes.
Vice Mayor Alonso: Yes. Please instruct the Administration to work it out
the way he suggested that he will be able to get the funds.
Mayor Suarez: So moved and seconded. Any discussions? If not, please call
the roll.
The following motion was introduced by Vice Mayor Alonso, who moved its
adoption:
MOTION NO. 92-223
A MOTION REFERRING TO THE CITY MANAGER REQUEST MADE BY
NORA SWAN, THE CITY'S FILM COORDINATOR, FOR A GRANT OF
$7,500 TO COVER USER FEES AT GUSMAN CULTURAL CENTER ON
APRIL 10 THROUGH 11, 1992 IN CONNECTION WITH THE
STAGING OF THE "INTERNATIONAL CO -PRODUCTION FILM
MARKET AND CONFERENCE OF FLORIDA 192"; FURTHER URGING
THE MANAGER TO WORK WITH THE DEPARTMENT OF OFF-STREET
PARKING TO USE AN ALTERNATE FUNDING SOURCE OTHER THAN
GENERAL FUND REVENUES FOR THIS EVENT.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
54
April 2, 1992
F
r.
El
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.
15. (Continued Discussion) CITY ATTORNEY REMINDS COMMISSION THAT THE
EMERGENCY ORDINANCE STILL NEEDS TO BE READ IN CONNECTION WITH A SPECIAL
REVENUE FUND CONCERNING A GRANT FROM STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL REGULATION FOR THE CITY'S RECYCLING PROGRAM (See labels 12
& 52) .
Mayor Suarez: Emergency ordinance, item number 2 establishing a special
revenue fund for the operation of Sunrise.
Mr. Jones: Mr. Mayor, Mr. Mayor, excuse me. Commissioner Dawkins, you voted
on a reso. (resolution) to accept the five hundred seven thousand dollars for
the recycling, but there needs to be an emergency ordinance establishing the
fund, so if we could clear that up at this moment before you get into that.
Vice Mayor Alonso: What was that?
Mayor Suarez: All right. I have a different preference for the way we handle
the agenda but as long as you've already brought it up...
Mr. Jones: I am sorry, Mr. Mayor.
Mayor Suarez: I mean, I am trying to get to item number 2, which is the first
regularly scheduled item and we can do that any time. It sounds very non-
controversial. Commissioner Dawkins is not even here.
Vice Mayor Alonso: I have one more item but I will bring it right before we
go to lunch.
Mayor Suarez: Thank you.
55
April 2, 1992
a
•
16. EMERGENSUNRISECY - ORDINANCE:ESTABLISH
$61,250 -NE ACCEPT IAL $61,250ENUE FUND: OPERATION
FROM COMMONWEALTH OF
MASSACHUSETTS DEPARTMENT OF PUBLIC SAFETY.
Mayor Suarez: Item 2, emergency ordinance. I will entertain a motion on it.
Vice Mayor Alonso: I so move.
Commissioner Plummer: Well, what is it? I'll second it. What is it?
Mayor Suarez. Second. Operation Sunrise.
Vice Mayor Alonso: It is establishing the fund for the operation.
Commissioner Plummer: What is it? I mean, why is the Commonwealth of
Massachusetts being so benevolent?
Chief Raul Martinez: It's a joint effort between several agencies, and they
are paying us back for the monies that were spent.
Mayor Suarez: They were just administering the money. It wasn't like
they're...
Mr. Martinez: Just administering the money.
Commissioner Plummer: Spent for what?
Mr. Martinez: It's a fugitive roundup. Massachusetts was just sending us the
check.
Lt. Joseph Longueira: Item number 3 is related to it also.
Mayor Suarez: Moved and seconded, any discussion? If not, please read the
ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED "OPERATION SUNRISE";
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN AN
AMOUNT NOT TO EXCEED $61,250; AUTHORIZING THE CITY
MANAGER TO ACCEPT $61,250 FROM THE COMMONWEALTH OF
MASSACHUSETTS, DEPARTMENT OF PUBLIC SAFETY; CONTAINING
A REPEALER PROVISION AND SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Alonso and seconded by Commissioner Plummer
for adoption as an emergency measure and dispensing with the requirement of
reading same on two separate days, which was agreed to by the following vote:
56 April 2, 1992
1.1
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 Vice Mayor Alonso and seconded by
Commissioner Plummer, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10957.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: None of this is going to the City of Cambridge, or its present
Chief, or anything like that? OK.
Commissioner Plummer: Send them a piano.
------------------------------------------------------------------------------
17. AUTHORIZE EXPENDITURE OF FUNDS ($61,250) FROM SPECIAL REVENUE FUND:
OPERATION SUNRISE, IN COMPLIANCE WITH TERMS AND CONDITIONS OF
COMMONWEALTH OF MASSACHUSETTS STANDARD SERVICE CONTRACT.
Mayor Suarez: Item 3. Resolution authorizing expenditure of the funds.
Commissioner Plummer: Move it.
Vice Mayor Alonso: Yeah. If we accept it, we will just spend the money, so
yes.
57 April 2, 1992
W
'i 10
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-224
A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FROM
THE SPECIAL REVENUE FUND ENTITLED: "OPERATION
SUNRISE," IN AN AMOUNT NOT TO EXCEED $61,250, IN
COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE
COMMONWEALTH OF MASSACHUSETTS STANDARD SERVICE
CONTRACT.
(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.
------------------------------------------------------------------------------
18. SECOND READING ORDINANCE: PROHIBIT MALICIOUS REAL PROPERTY DAMAGE;
WILFUL OR MALICIOUS PLACING OF UNLAWFUL SIGNS ON REAL PROPERTY;
_ INTENTIONAL UNAUTHORIZED DEFACEMENT OF REAL PROPERTY, WHICH EXPOSES
ANOTHER TO RISK OF VIOLENCE, CONTEMPT OR HATRED BASED ON RACE, COLOR,
CREED OR RELIGION -- PROVIDE FOR PENALTIES.
------------------------------------------------------------------------------
Mayor Suarez: Yes. Item 4.
Vice Mayor Alonso: Move it.
Commissioner Plummer: Second.
Vice Mayor Alonso: Of course, with all the conditions as stated before with,
and I still have a little bit of problem, but I guess I'm going to go along
with the section which it was stated to provide person who are responsible for
curing graffiti but who are unable to afford to do so, to receive paint or
assistance. Yeah, I have a little bit of problem with that, the wording, and
I have recollection that when we went over I showed you that you said, well,
something about the cost, and you stated on the record, at that time, that you
were going to provide individuals to paint and it was not going to be an added
burden to the citizens of Miami. Now I see, how in the bureaucracy of
government, people are going to prove I am unable to pay, and to what degree,
and the burden that is going to be placed.
58 April 2, 1992
Adak
deft
Mr. Frank Cobo: Yes, Madam Vice Mayor, I was here at the last meeting, of
course, when you had it on first reading, and I did state about the painting.
Now, I want to clear something so that there is not a misunderstanding. The
paint that is provided for, free paint, is the paint that we use for all
properties. In other words, it's one color, it's graffiti paint -out paint.
It's not blue on blue. That would have to be a paint that would have to be
painted, paid by the owner of a store that has a blue wall, or like in the
Latin Quarter or Little Havana area like we had the paint -out. We received
paint from the Latin builders that was comparable that was on the walls,
furthermore, we had to get permission from the owner of that property to paint
it out. Now, as far as volunteers are concerned, we have a lot of volunteers.
In fact, April the eleventh, I just handed Commissioner De Yurre a brochure
that I would hope get around to the... gets to you. We will have a countywide
paint -out on April the eleventh. This is being coordinated by the County as
well as different agencies, like Keep Dade Beautiful, and like the Miami Board
of Realtors, and so forth. So, our objective is to have an ordinance first,
which probably you are one of the last cities. It's my understanding now that
even the School Board, which I appeared yesterday and spoke to, has conducted
a student conduct code, which also covers graffiti. So what our object is, is
to first make it an ordinance and once we have that ordinance then cooperate
with our hot line with those that are volunteering on weekends and during the
week. In fact, some of our paint -outs have occurred in the City of Miami,
where we have used, like Miami Senior High School has been very cooperative in
helping us paint out in areas that really needed help. Calle Ocho, from
Fourth Avenue to Twenty-seventh, we spent a whole Saturday painting out. We
are here to help eradicate graffiti which lowers the value of our properties
which, if you are a visitor to Miami, the City Beautiful, the Magic City, and
you see this graffiti like we have in large cities, you're very disheartened
with the situation. As it has been stated before, we are four years behind
these major cities to become a really graffiti city. We are hoping that
cities like Miami, within the community will pass these ordinances and help us
obtain the law on the books so that we can go forward. There is one concern
that I have. I have a copy of the corrected ordinance that you passed. I
didn't know that you had taken the parental liability off of it. I know it
was a concern of Commissioner Dawkins and maybe the Mayor at that time, but I
thought you did not take that out of the ordinance. You know, the parents
have to conduct themselves and help conduct the children as they see it
necessary to eradicate this graffiti. If you're not going to put this
responsibility on the parents to assist us in correcting the situation, then
we are back to the same old ball game. The parent is not liable for what the
child does. And that's what the problem of the American society is today.
That we have taken that responsibility and we send children to school who do
not have the parental guidance and the discipline that they must have, and so
in this ordinance, I would hope that the parents are just as liable and in the
County ordinance, if I may, the youngsters that are caught, just like yours
is, when they go to the Courts they are given job services to provide that
free volunteer graffiti paint -out, which is what you are addressing, that you
need to know about the volunteers. We do have them, they are forced, some of
them are forced volunteers and some of them are volunteers that want to
provide community service.
Vice Mayor Alonso: All right. Now, how the person will have to prove that he
is unable to afford to do so? Let's say the person owns a house and they have
59 April 2, 1992
a problem. I think that once when you get a graffiti problem you can paint it
once, and it's not a big burden but when it becomes a regular issue, then it
becomes a problem for the property owner and that's where I am concerned.
First, how are we going to enforce this ordinance? And then the City Manager
will have to tell me are we ready. Once we have this ordinance in effect to
say, yes, indeed we are going to enforce this ordinance, otherwise it will not
serve any purpose. And second, the burden on the citizens of Miami that have
enough problems, then on top of this we are telling them in thirty days you
have to clear this and as I say, I have no problems if it happens once, and
most people will be able to do it, but I do know certain locations when I see
they paint and they have to paint over and over and over it does become a
serious problem. Maybe what I suggest, if we go into a trial period perhaps
and see how it works and, if not, we will have to revisit this ordinance and
see it and maybe it will be much more effective.
Mr. Cobo: Madam Vice Mayor, 1f I may, Mr. Manager, you are correct. You are
sympathetic and you're correct. When you talk about residents, are you
talking about homeowners?
Vice Mayor Alonso: Yes.
Mr. Cobo: That they have graffiti on their homes?
Vice Mayor Alonso: Yes.
Mr. Cobo: OK. Because there is a division, there is the property owner, you
don't have a problem with someone who owns a building. There is a...
Vice Mayor Alonso: No, also I think that it would be a burden for this
individual if they cannot control, and then we cannot enforce it, to go and
say we are going to protect this individual because after all they have a
wa11, but that wall is there and they have a problem, someone else is
infringing in their rights, by violation of the law, and we as the City are
not taking care of the problems so they will come back to us and say, you are
charging me, the law-abiding citizen, with a crime that someone else is.
Mr. Cobo: OK. You addressed that, too, before. You asked the same question,
and I responded to you by saying that it is a proven record now, that if you
eliminate the graffiti within twenty-four hours on your property and do it
possibly three times, on the third time, it usually stops. This is a gang war
type of problem. It is not someone trying to do art work on a property. It
is gangs within this community. The police department, by the way, the City
of Miami police department, has been very cooperative and has been working
with us for four years now, with the Miami Board and I know that Commissioner
Dawkins wanted to make sure I said that Miami was first, and it was. Your
department, the police department was very cooperative and still is. Attends
all of our meetings, religiously, once a month, and always comes with a strong
report on what they are doing. They are doing a good job, the City of Miami
Police Department. But it is something we must eradicate and you're in favor
of that. We need maybe to pass this ordinance and then try and see if there
is some problems that develop.
Mayor Suarez: Mr. Cobo, the Commissioner, the Vice Mayor is asking some
fairly straightforward questions. At one point, the Manager was going to do
his best to answer them.
60 April 2, 1992
Mr. Odio: We will be able to enforce the law and they will be ready thirty
days from today to begin enforcing. Code Enforcement will do it.
Mayor Suarez: Then what happens to the person that can't prove that they are
not able to pay for this? Is this something that is going to involve us in
all kinds of determinations as to who is unable to pay or who is? I mean, or
is that just a standard we put in there in the hope that most people will take
care of it themselves but those that come in and plea for public subsidy can
get it. And we don't know any better standard to do that. Is that?
Mr. Odio: I can read this, but I tell you we need to use some common sense
and we need to be very lenient at first until we establish some guidelines
into this ordinance. The owners will give us some guidelines and then we have
to begin to work with them and see what happens.
Vice Mayor Alonso: I am willing that we try at least for three months...
Mr. Odio: Let's try it.
Vice Mayor Alonso: ...let's say and it comes back to us. If we find that...
Commissioner Plummer: To review.
Vice Mayor Alonso: ...to review, and then we take it from there.
Mr. Odio: Then at that time we should know better on how to deal with this.
Mr. Cobo: I have learned a long time ago to sit down when you want something
but I want to.
Mayor Suarez: Yes, as a matter of fact, right now would be ideal...
Commissioner Plummer: Why are you standing, Frank?
Mayor Suarez: ...because I am about to introduce into the record a document
that is very important because this lady has really stayed with this issue and
written back and forth to all of us. Her name is Ada C. Pedrajo.
Vice Mayor Alonso: That's right.
Mayor Suarez: She has a very articulate set of concerns, or well articulated
set of concerns about this ordinance, and it is dated March 27, 1992, Madam
City Clerk, and you going to thank us, right.
Mr. Cobo: I wish she would meet with us and we'll be happy to...
Mayor Suarez: Well, she thinks that communicating with the Commissioners is a
pretty good way to get her views across and that's fine. She doesn't have to
meet with them.
Mr. Cobo: OK.
Mayor Suarez: But I will suggest that to her.
61 April 2, 1992
w
Commissioner Plummer: Let me ask a question. When does the ticketing by Code
Enforcement go into effect?
Mr. Odio: May.
Commissioner Plummer: In May.
Vice Mayor Alonso: In May?
Commissioner Plummer: Do I recall that political signs you can ticket? Is
that correct?
(INAUDIBLE RESPONSE)
Commissioner Plummer: OK. When are you going to start that? Because the
signs are already up now for November. At Third Avenue and Fifteen Road,
yesterday they hit 'em with gusto. The political signs, the 4x8's.
(INAUDIBLE COMMENT)
Commissioner Plummer: No, no, no. These are judges, of all people. When are
you going to start ticketing them?
Mr. Pablo Canton: As soon as we get the ticketing in order. We can start
Code Enforcement now.
y Commissioner Plummer: When? No more liens.
Mr. Canton: No, we can start sending notice of violation to these people
right away.
Commissioner Plummer: Would you please? You're supposed to be out there
doing that, aren't you?
Mr. Canton: Yes, sir.
Commissioner Plummer: Why are they still there?
Mr. Canton: I'll take care of that right away. The problem again is the same
thing. Through the Code Enforcement as you know, it takes a few months before
we take it to the Code Enforcement Board and so.
Commissioner Plummer: Well, you know, if you want my opinion, I think if you
go tell the people who own that property, that allowing those signs to be on
there...
Mr. Canton: No they are the ones that are going to be cited.
Commissioner Plummer: No, no, no. Why aren't you citing the individual who
puts the sign there? If it's Judge XYZ, why aren't you putting him with the
violation?
Mr. Canton: In certain cases, in this case, we'll cite both.
62 April 2, 1992
r +�
Commissioner Plummer: Now, why wouldn't you cite him? It's his sign.
Mr. Canton: Well, the owners are responsible for their property, so.
Vice Mayor Alonso: Maybe they don't even know. They don't.
Mr. Cobo: But that's the law. What he is saying 1s the law.
Commissioner Plummer: Let me tell you. Mr. City Attorney...
Mr. Jones: Yes.
Commissioner Plummer: Under what we passed, for the ticketing law for Code
Enforcement, would that not allow Canton and terrorist to go out and do this
kind of thing?
Mr. Jones: I think the intent of what you passed was to really focus in on the
property owner. I think 1t would be an undue burden to hold the particular
person whose name 1s on the sign, to the standard of knowing that that sign
has been placed there. In many instances, they are placed illegally, without
the consent of the candidate.
Commissioner Plummer: The hell do you sayl Come on, come on What I am
saying is, can you, in fact, notify by certified mail the candidate if he
doesn't remove that sign, that we're going to drag him before Code
Enforcement. That's all you're going need to do.
Mr. Jones: The ordinance, the way it's structured, you can't bring the
candidate in. The property owner is the one that's held to the standard.
Commissioner Plummer: Then what do we do to change that?
Mr. Cobo: That is the law.
Mr. Jones: You'd have to change the law.
Commissioner Plummer: May I ask, sir, that you bring that to us at the next
Commission meeting?
Commissioner Dawkins: What happens if you decide to have each candidate post
a bond? And if the signs are not moved, you take the bond and remove the
signs?
Commissioner Plummer: We tried that once before and Mr. Carol l o took us to
court and he won. OK?
Mr. Cdbo: Judge Gerstein.
Mayor Suarez: All right. Thank you, Mr. Cobo, for all the additional
information you provided no cost. Yes?
Vice Mayor Alonso: No, just one. We have a motion and a second I believe,
but before you go, are you addressing this Commission with the hat of Mini
Administrator of Little Havana, or with the hat of Code Enforcement...
63 April 2, 1992
Mr. Canton: No, no. Code Enforcement.
Vice Mayor Alonso: ...for the entire City of Miami?
Commissioner Plummer: No, he is with the hat of thirty-two million in liens.
Vice Mayor Alonso: Code Enforcement. He still represents both.
Mayor Suarez: Just so the hats don't get to give you a bigger head. All
right?
Vice Mayor Alonso: I think it's a big head what you need.
Commissioner Plummer: Have you ever tried to cash a lien at the grocery
store?
Mayor Suarez: Please, please, please. We have a motion and a second. Please
read the ordinance.
AN ORDINANCE -
AN ORDINANCE PROHIBITING MALICIOUS REAL PROPERTY
DAMAGE; WILFUL OR MALICIOUS PLACING OF UNLAWFUL SIGNS
ON REAL PROPERTY; INTENTIONAL UNAUTHORIZED DEFACEMENT
OF REAL PROPERTY BY PLACING OF MATERIAL THEREON WHICH
EXPOSES OR TENDS TO EXPOSE ANOTHER TO RISK OF
VIOLENCE, CONTEMPT OR HATRED BASED ON RACE, COLOR,
CREED OR RELIGION; PROVIDING FOR PENALTIES, A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
INCLUDING IN THE CITY CODE
Passed on its first reading by title at the meeting of March 12, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10958.
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.
64 April 2, 1992
Commissioner Dawkins: Mr. Cobo, I still say that I agree with you. Parents
should be held accountable, but with this system that we have and the judicial
system, giving kids and criminals rights that victims do not have, I have a
problem with it. And nobody yet has told me how, if a kid put graffiti up and
the parent decided to penalize the kid, and the kid goes to child court and
claims child abuse, what? And that's my problem. And I feel it will happen.
Because the more parents attempt to - what's it? - to chastise their kids for
a lack of a better word, the more they find themselves in court facing child
abuse cases. And that's my problem with this.
Mr. Cobo: The difference, Commissioner, is when you were being raised in
Ocala, Florida, that your parents made sure that you did not paint graffiti on
walls.
Commissioner Dawkins: And my Daddy also made sure that there was nothing
called child abuse.
Mr. Cobo: That's correct.
Commissioner Dawkins: Because the child abuse officer would have gotten
abused coming in my house attempting to tell him how to raise his child. Now
that's the problem.
Mr. Cobo: That's right. That's right. Thank you very much.
Vice Mayor Alonso: Thank you.
19. INSTRUCT CITY MANAGER TO INVESTIGATE ALLEGATIONS THAT THE KEEP DADE
BEAUTIFUL ASSOCIATION MAY BE HAVING SOME DIFFICULTIES WITH THE INTERNAL
REVENUE SERVICE SINCE THEY RECEIVED CITY FUNDING.
Vice Mayor Alonso: Before we move on, I have a question for the
Administration. We give funds to the Keep Dade Beautiful, fifty thousand
dollars.
Mr. Odio: Yes, we did.
Vice Mayor Alonso: Have we audited this organization?
Mr. Odio: Let me check. I don't think so.
Commissioner Plummer: I don't know whether we audited them or not, but we
remember the concept when you say we gave them funds, what we in fact do, we
give money. In return, we get "X" number of tonnage reduced, so it's really
not in effect a contribution. What it is it's money for them to remove trash
from the streets. At so much dollars per ton, they save us money, because as
I recall, the last we saved five dollars per ton on removal of garbage. So, I
am not sure of an audit, but I am sure that that's the way it worked.
65 April 2, 1992
Vice Mayor Alonso: My question in reference to the audit 1s in some
information that I have received that they are having some difficulties with
Internal Revenue Services for funds for payment, or some sort of controversy.
I believe that we should be certain that the funds, whatever the City of Miami
has given, are distributed properly and that no violation of the law has taken
place within that organization because it will put all of us in a very
difficult position.
Commissioner Plummer: But I'm saying that most of that program is Dade
County. What's the Latin lady's name? Carosola, like the Judge? Anyhow look
into it.
Vice Mayor Alonso: Yeah. OK. That was it.
20. SECOND READING ORDINANCE: AMEND ORDINANCE 10936 -- PROVIDE FOR AN
INCREASE ($177,642) IN APPROPRIATION TO SPECIAL REVENUE FUND: JTPA TITLE
II -A (PY '91) (TOTAL APPROPRIATION $687,152).
Mayor Suarez: Item 5. Thank you.
Commissioner Plummer: I will move 5.
Mayor Suarez: So moved.
Vice Mayor Alonso: Yes, I'll second it.
Mayor Suarez: Seconded. Any discussion, now please read the ordinance. Call
the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO.
10936, ADOPTED DECEMBER 5, 1991, TO PROVIDE FOR AN
INCREASE IN THE APPROPRIATION TO THE SPECIAL REVENUE
FUND ENTITLED: "JTPA TITLE II -A (FY 191)" IN THE
AMOUNT OF $177,642, THEREBY INCREASING THE TOTAL
APPROPRIATION FOR SAID SPECIAL REVENUE FUND FROM
$509,510 TO $687,152.
Passed on its first reading by title at the meeting of March 12, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Vice Mayor Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
66 April 2, 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10959.
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.
------------------------------------------------------------------------------
21. SECOND READING ORDINANCE: AMEND ORDINANCE 10880 -- PROVIDE FOR AN
INCREASE ($550,637) IN APPROPRIATION TO SPECIAL REVENUE FUND: EASTERN
AIRLINES / DISLOCATED WORKER RETRAINING PROGRAM (FY 191) JTPA III (TOTAL
APPROPRIATION $758,037)
Mayor Suarez: Item 6.
Vice Mayor Alonso: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO.
10880, ADOPTED MAY 9, 1991, TO PROVIDE FOR AN INCREASE
IN THE APPROPRIATION TO THE SPECIAL REVENUE FUND
ENTITLED "EASTERN AIRLINES/DISLOCATED WORKER
RETRAINING PROGRAM (FY 191) JTPA III" IN THE AMOUNT OF
$550,637, THEREBY INCREASING THE APPROPRIATION FOR
SAID SPECIAL REVENUE FUND FROM $207,400 TO $758,037;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of March 12, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
k
67 April 2, 1992
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AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10960.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
-------------------------------------------------------------------------------
22. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: SUMMER
YOUTH EMPLOYMENT AND TRAINING PROGRAM (FY '92) JTPA II-B -- APPROPRIATE
$536,850 FROM U.S. DEPARTMENT OF LABOR THROUGH SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM (SFETC).
------------------------------------------------------------------------------
Mayor Suarez: Item 7. Thank you.
Vice Mayor Alonso: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Now, please read the ordinance.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE
INTO THE PUBLIC RECORD BY TITLE ONLY.
Commissioner Plummer: I want to remind Community Development. Hello. Frank?
Mr. Frank Castaneda: I am here.
Commissioner Plummer: You remember about the distribution of where these kids
are coming from?
Mr. Castaneda: Yes, sir.
Commissioner Plummer: Eh?
Mr. Castaneda: Yes, sir.
Commissioner Plummer: I don't see it in the book. How come?
Mr. Castaneda: I gave it to you.
68 April 2, 1992
Commissioner Plummer: Give it to all of the Commissioners. This is what we
asked for as far as where these people would be employed. Very good. Thank
you, sir.
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "SUMMER YOUTH EMPLOYMENT AND TRAINING
PROGRAM (FY 192) JTPA II-B"; APPROPRIATING FUNDS FOR
THE OPERATION OF SAID PROGRAM IN THE AMOUNT OF
$536,850 FROM THE U.S. DEPARTMENT OF LABOR THROUGH THE
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of March 12, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10961.
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.
69 April 2, 1992
r
23. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: JTPA TITLE
II -A WYNWOOD SPECIAL INITIATIVE (PY 191) -- APPROPRIATE $52,000 FROM
U.S. DEPARTMENT OF LABOR THROUGH SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM (SFETC).
Mayor Suarez: Item 8.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Any discussion? Now, please read the ordinance.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE BY TITLE ONLY
INTO THE PUBLIC RECORD.)
Mayor Suarez: Call the roll.
Commissioner Dawkins: Train them to do what?
Mayor Suarez: Hold the roll, please. Commissioner Dawkins?
Commissioner Dawkins: No. Call the roll, I'll ask the question.
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "JTPA TITLE II -A WYNWOOD SPECIAL INITIATIVE
(PY'91)" AND APPROPRIATING $52,000 FOR SAID FUND FROM
THE U.S. DEPARTMENT OF LABOR THROUGH THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 12, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Vice Mayor Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
70 April 2, 1992
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L]
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10962.
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.
Commissioner Dawkins: What are you going to train them to do and how?
Mr. Castaneda: You mean the summer youth program?
Commissioner Dawkins: No, the fifty-two thousand dollars for Wynwood. Do
what?
Mr. Castaneda: In Wynwood, we're going to find employment for people in
Wynwood in whatever field that is, it's on the job training.
Commissioner Dawkins: So, total job training.
Mr. Castaneda: On the job training.
Commissioner Dawkins: On the job training. OK. Thank you, sir.
Commissioner Plummer: Yes, but don't kid yourself, Commissioner. Let me tell
you what you need to know. Let me give you an example in one of the other
programs. They're spending untold amount of money for these people for
training or retraining. That includes salary, includes day care, it includes
books, it includes car fare. It includes all of that and the day that they
graduate, they don't have to go one step further. There is no guarantee that
what you are retraining these people for, that they have to go into it.
Commissioner Dawkins: Yes they do. They go back into another section of the
training program.
Commissioner Plummer: OK. Just be aware. That of all of these people that
they have that the job money is going for, the day they graduate, if they
don't want to work, and a lot of them don't, they don't work. Am I correct?
There is nothing to make these people, after they have received anywhere up to
what twenty-six weeks?
Mr. Castaneda: On the Eastern program, you are talking about, it could be two
years.
Commissioner Plummer: OK. They are receiving training, salaries, monies, day
care, everything.
71 April 2, 1992
W_
Commissioner Dawkins: You know, Plummer, I would argue this if we were
talking about the five hundred thousand dollars that we just gave to the
airline employees.
Mayor Suarez: Wait a minute, wait a minute. I am sorry, Commissioner. Sir,
you may not stand there and call anybody a liar, or call anybody anything.
You can have a seat or be outside the Commission chambers.
Commissioner Dawkins: All right. No further questions. Thank you.
Commissioner Plummer: You know, let me ask a question real quick. Mr. City
Attorney, is there anything that this City can do that when all of these
monies are spent on these people, like they did in the military, that if they
put you through school, that you had to contribute "X" number of years back to
pay for that training? I am concerned that this money is being spent, these
people are utilizing it, but they are not utilizing the training.
Mr. Odio: Commissioner, let me tell you something, if we pick, let's say we
take fifty people. We put them to work and forty-four stick, we did something
good, but just because of six, we don't change the law.
Commissioner Plummer: Mr. Manager, are you aware that the six that you don't
put back to work, you've got to pay back for?
Mr. Odio: I understand that. But you wiil not have a one hundred percent
guaranteed program. We are dealing with human beings.
Commissioner Plummer: OK, sir. For those six, it's an absolute rip-off.
24. SECOND READING ORDINANCE: AMEND CODE CHAPTER 54 -- ADD ARTICLE X --
PROVIDE FOR FEDERAL AVIATION ADMINISTRATION (FAA) ENTERING INTO PERMIT
AGREEMENT(S) WITH CITY FOR USE OF PUBLIC RIGHTS -OF -WAY (ROW) FOR
PLACEMENT OF LOW LEVEL WIND SHEAR ALERT SYSTEMS (LLWAS) -- PROVIDE THAT
FAA SHALL BE ASSESSED A FEE TO BE PAID TO THE CITY AS A CONDITION TO
SUCH PERMITS) -- ADD NEW SECTION 54-180 THROUGH 54-191.
Mayor Suarez: Item 10
Vice Mayor Alonso: So move.
Mayor Suarez: So moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Mr. Jones: You didn't vote on 9, Mr. Mayor.
Commissioner Plummer: Nine, we passed earlier.
72
April 2, 1992
Vice Mayor Alonso: Nine, we already did.
Mr. Jones: OK, I'm sorry.
Mayor Suarez: Read the ordinance on 10. Cali the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING A NEW
ARTICLE X, TO PROVIDE FOR THE FEDERAL AVIATION
ADMINISTRATION (FAA) ENTERING INTO A PERMIT
AGREEMENT(S) WITH THE CITY FOR THE USE OF PUBLIC
RIGHTS -OF -WAY FOR THE PLACEMENT OF LOW LEVEL WIND
SHEAR ALERT SYSTEMS (LLWAS); FURTHER, BY PROVIDING
THAT THE FAA SHALL BE ASSESSED A FEE TO BE PAID TO THE
CITY AS A CONDITION TO SUCH PERMIT(S), BY PROVIDING
DEFINITIONS, AND BY SETTING FORTH TERMS AND CONDITIONS
FOR A PERMITS) TO BE ISSUED TO THE FAA; MORE
PARTICULARLY BY ADDING NEW SECTIONS 54-180 THROUGH 54-
191 CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of March 12, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10963.
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.
------------------------------------------------------------------
NOTE FOR THE RECORD: At this point, Commissioner Dawkins
recognizes the presence of former Secretary of State, George
Firestone.
------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, we have former City, I mean Firestone here.
If he has got something, I think we should.
73
April 2, 1992
a
Mayor Suarez: The Secretary of State is here, former Secretary of State is
here on a pro bono public interest matter or something.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Vice Mayor Alonso: Wonderful!
Commissioner Dawkins: Oh, you're going to run for my seat?
Commissioner Plummer: When are you going to go back to Tallahassee and
straighten them out?
Mr. George Firestone: I don't go into danger zones anymore.
Mayor Suarez: That is certainly a good definition.
Vice Mayor Alonso: That is wonderful, because he is sitting around here. So
this is safe.
Mayor Suarez: Yes, you are in a safe zone.
------------------------------------------------------------------------------
25. SECOND READING ORDINANCE: AMEND CODE CHAPTER 54 (STREETS AND
SIDEWALKS) -- AMEND SECTION 54-104 (NONSTANDARD STREET WIDTHS) BY
MODIFYING THE WIDTH OF A CERTAIN STREET (BAYVIEW ROAD).
------------------------------------------------------------------------------
Mayor Suarez: Item 11, streets and sidewalks.
Vice Mayor Alonso: So move.
Commissioner Plummer: Second.
Mayor Suarez: Modification of width ordinance.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, read the
ordinance.
Commissioner Plummer: For the record, I think it should indicate what is the
name of the street, since it is a certain street.
Mr. Jim Kay: Bayview Road.
Vice Mayor Alonso: Bayview Road.
Commissioner Plummer: Call the roll.
74 April 2, 1992
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS
AND SIDEWALKS" BY AMENDING SECTION 54-104 ENTITLED
"NONSTANDARD STREET WIDTHS" BY MODIFYING THE WIDTH OF
A CERTAIN STREET; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading by title at the meeting of March 12, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10964.
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.
i
26. (A) SECOND READING ORDINANCE: AMEND ORDINANCE 10920 -- ESTABLISH NEW
ACCOUNT: TAX ANTICIPATION NOTES, SERIES 1991 NOTE FUND --
APPROPRIATE $20,889,333 TO PROVIDE FOR REPAYMENT OF RECENTLY
ISSUED TAX ANTICIPATION NOTES.
j (B) COMMISSIONER PLUMMER EXPRESSES CONCERN AT THE INCREASING NUMBER
OF FAILING LOCAL BUSINESSES -- REQUEST MANAGER TO PROVIDE
STATISTICS AS TO ACTUAL NUMBER OF FAILED BUSINESSES.
(C) BRIEF DISCUSSION CONCERNING THE GATES CASE.
? (D) BRIEF DISCUSSION CONCERNING CITY EMPLOYEES WHO DO NOT RESIDE
WITHIN CITY LIMITS.
Mayor Suarez: Item 12.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
75 April 2, 1992
El
Commissioner Dawkins: Under discussion.
Mayor Suarez: Just keep things going here.
Commissioner Dawkins: That is right.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: It says, wherever... "Whereas, the proceeds from said
notes will cover anticipated temporary cash deficiencies..." Somebody tell me
over on page 2, explain to me what the tax anticipation note section means, on
page 2.
Mr. Manohar Surana: Are you looking at the total $20,889,333?
Commissioner Dawkins: Yes, sir.
Mr. Surana: OK.
Vice Mayor Alonso: Page 2 of the ordinance. Right?
Mr. Surana: Two of the ordinance?
Commissioner Dawkins: Yes, sir.
Mr. Surana: OK, that is appropriation to pay the notes.
Commissioner Dawkins: OK, anticipated note section appropriation.
Mr. Surana: Uh-hum.
Commissioner Dawkins: Explain it to me. Tell me what it says. I mean, you
just told me what I am reading.
Mr. Surana: That is the name of the account, finance...
Commissioner Dawkins: Sir?
Mr. Surana: That is the name of the account finance created.
Commissioner Dawkins: Al right. How did it get over there in that column?
Mr. Surana: I don't understand your question, Commissioner.
Commissioner Dawkins: All right. It says, "tax anticipated note section
appropriations."
Mr. Surana: Right.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Suarez: Commissioner Dawkins is inquiring on the issue of tax
anticipation notes.
76 April 2, 1992
Commissioner Plummer: Mr. Mayor, while he is doing that, may I ask of the
Administration...
Mayor Suarez: I figured you would find something to fill the time.
Commissioner Plummer: Well, why not? It is better than dead silence. I can
go to a funeral home and get that.
AT THIS POINT, ITEM 12 WAS TEMPORARILY INTERRUPTED.
Commissioner Plummer: Mr. Manager, I am becoming more and more alarmed every
day, as I travel around this City, of businesses that are going under. I
would like for you to prepare for this Commission some statistics showing us
how many businesses have actually gone under and some dollar values. Well,
you see, the thing I'm trying to get at, the mortgage company that was on Bth
street was a big mortgage company. I think that they probably had 50-60
employees. Miami Avenue, the homeless have absolutely destroyed the building,
absolutely destroyed it. It is incredible what they have done to that
building. I would like to see some of that, as far as economic development is
concerned, in so called blighted areas, because it is getting worse. It is
not getting better. I think we need to do something to start addressing those
problems.
AT THIS POINT, ITEM 12 WAS RESUMED.
Commissioner Dawkins: OK, Mr. Mano, tax anticipated notes, sections
appropriation, what does that mean, sir?
Mr. Surana: I have the Finance... He can explain this.
Commissioner Dawkins: OK.
Mr. Carlos Garcia: Commissioner, as you know, this transaction was approved
by the City Commission in October. What we are trying to do at this time is
incorporate that transaction into the City's budget. In past years, the
transaction was placed as part of the Special Programs and Accounts. Because
we know that the City Commission does not like to see all those items lumped
under Special Programs and Accounts, this year we have broken that out by
itself and it is under a separate line item called Tax Anticipation Notes.
That is why it appears there by itself.
Commissioner Dawkins: OK, now somebody tell me then, in the General Fund,
221,190,597, what is that?
Mr. Garcia: That is the total appropriations in the General Fund for this
year.
Commissioner Dawkins: General Fund, is that tax dollars? Or what is it?
Mr. Garcia: It is a combination of all kinds of items, includes taxes,
includes, you know, licenses, and that is a total appropriations and revenues
of the City will receive this year.
77
April 2, 1992
■
Commissioner Dawkins: Two -twenty-one, all right, 246,953,698 is what?
Mr. Surana: That includes all the enterprise fund and the debt service. That
is a total total.
Commissioner Dawkins: So you got twenty million... You got $25,000,000. OK,
let's go into the next page. Now you say, General Fund, all sources
$221,190,597. Right?
Mr. Surana: Yes, sir.
Commissioner Dawkins: And you got, OK. Total General Fund 221,190,597.
Total General Operating Revenue 246,953,698. When you transfer twenty
million, I mean, you got here as a deficit, fund transfer of twenty million.
You end up with a total operation revenue of two -seventy-three. But if you
take twenty million from forty-six, you cannot come up with seventy-six. And
if you add twenty-two seventy-three, you do not come up with forty-six.
Mr. Surana: Commissioner, I see both the numbers. Let me try to re -explain
again. The two hundred twenty-one million, that is the General Fund.
Commissioner Dawkins: No. OK, you and I are both on page 3?
Mr. Surana: Yes, let me...
Commissioner Dawkins: We are both on page 3?
Mr. Surana: No, let's go back to...
Commissioner Dawkins: No, no, no, no, no, nol
Mr. Surana: All right.
Commissioner Dawkins: Don't do that to me, now.
Mr. Surana: OK, let's go to page 3, OK.
Commissioner Dawkins: We are both on page 3.
Mr. Surana: Yes, sir.
Commissioner Dawkins: All right. Go ahead now.
Mr. Surana: Page 3, when I made the comment, the 246 includes enterprise
fund, that is incorrect.
Commissioner Dawkins: That is what, now?
Mr. Surana: When I said prior, the 246 includes enterprise fund...
Commissioner Dawkins: It does not. You do not spell it out here.
Mr. Surana: No, it does not.
78 April 2, 1992
El
—� Commissioner Dawkins: You do not show me here.
it is blank. Now you stand up here and tell me
at includes enterprise fund.
You got a line item here and
that the numbers I am looking
Mr. Surana: Commissioner, when you approve the ordinance, there are three
main bottom line appropriations. One called general fund; second called
general fund and debt service; and third one called general fund, debt service
and enterprise fund.
Commissioner Dawkins: Why would you bring me a piece of paper today not
exactly like the one that I passed?
Mr. Surana: That is what we try to do here; 221 is the general fund, 246 is
the debt service, and 273 includes general fund, debt service and enterprise
fund. The total, total bottom line budget.
Commissioner Dawkins: But see, to me, sir, if you got up to the top here you
say, funds transferred twenty million dollars. Then you draw a line and you
got total operation... appropriations 273,575. Then you come down with one,
two, three, four more lines, and you got funds transfer again twenty million.
You still are ending up with 273,575, and you are not explaining to me where I
can understand step by step what you went through to get... I see the
numbers. OK? I see numbers, but I don't understand.
Mr. Surana: Commissioner, if I may, this afternoon, I can give you the
adopted budget and the changes and the modified budget. Would you like me to
do that?
Commissioner Dawkins: Why is it, Mr. Mano, why is it, sir, every time I have
a question about this budget, you all have to bring it back to me? You are
never prepared and ready to answer my questions concerning this budget. You
have to go back and massage the numbers or whatever you all do and bring it
back.
Mr. Surana: No, I'm not massagin any numbers, Commissioner. All I'm saying,
the bottom line appropriation is ?273,000,000.
Commissioner Dawkins: Two what now? The bottom line, what?
Mr. Surana: The amended appropriation is $273,000,000 after making all those
bookkeeping changes.
Commissioner Dawkins: Well, now, where are the line items showing me where
you put the $273,000,000? You see, I see the lump sum. I see the numbers,
but I don't see money matched up line item by line item over here and it
equals out over here. I don't see that, Mr. Mano.
Mr. Surana: Commissioner, we are not amending all the line items. We are
just amending a section in ordinance, which is tax anticipation notes, and we
are reflecting the changes to various line items which have occurred because
of other change.
Commissioner Dawkins: That is a part of my problem, Mr. Mano. You never
bring me a completed document that we are working with. It is always piece
79 April 2, 1992
meal and I cannot look at the total picture and know what we are doing. Now
when you come back next week, you will come back with another piece of the
budget and it will be... and you tell me that this is what you approved when
you approved the budget and I am - how did you call it? - housecleaning
chores, and I am doing this and I am doing that. No, hey, I am the only one
voting against it, so it doesn't matter.
Vice Mayor Alonso: Commissioner Dawkins, perhaps what we should do, since you
are requesting line by line, and he said he could bring it to you in the
afternoon, we might... I suggest that we table this item until he brings that
to you, and I would like to see a copy as well, and bring it back in the
afternoon.
Commissioner Dawkins: Madam Commissioner, it would not help. It is three
votes up here to pass this. There is no sense in wasting your time, my time,
and the people's time. If you are concerned...
Vice Mayor Alonso: Well, but I think it is only fair to you and to the rest
of us to table the item until we can see. He says he can bring this in the
afternoon. Didn't you say that, Mr. Surana?
Mr. Surana: Commissioner, if I may explain it, we are making a $20,000,000
accounting change. The bottom line we got to reflect in three different
bottom lines. That is what we have done here. The general fund going up by
$20,000,000. So that the appropriation is from $200,000,000 to $221,000,000.
There is another line item called general fund plus your debt service
appropriation, which is 226. That also had to be increased by $20,000,000.
Then there is a bottom line. We had to increase that too.
Commissioner Dawkins: But, Mr. Mano, you sold $20,000,000 of tax anticipated
notes.
Mr. Surana: Yes, sir.
Commissioner Dawkins: You told me that you passed... you sold these bonds
because there was a shortfall in the collection of revenue. In September when
the County passed through the total tax collections, you would take the
$20,000,000 that you borrowed in tax anticipated notes and pay it off. Now, I
have yet to see, what you paid for with the $20,000,000. I don't know in what
line items you put the $20,000,000, so that you could show me where you took
it out. See, if you took the $20,000,000 and you put it in the Police
Department, and then when all the money came in and you took $20,000,000 out
of the police budget, I could understand that. But when you bring me a piece
of paper and you just have some numbers, I mean some figures down here, and
you don't show me where you put money and where you took money from, I have a
problem with it, and always will have.
Mr. Surana: Commissioner, the $20,000,000 we borrowed, we did not borrow to
cover the shortfall in the budget. That was a...
Commissioner Dawkins: What did you borrow it for, then?
Mr. Surana: To take care of a temporary need of cash.
80 April 2, 1992
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Commissioner Dawkins: Wait a minute, now. Temporary needs of what?
Mr. Surana: Cash.
Commissioner Dawkins: And cash 1s not a part of the City of Miami budget?
Mr. Surana: That is what we are doing.
Commissioner Dawkins: You do not budget the cash that we need?
Mr. Surana: No, we have budgeted the cash over a full year.
Commissioner Dawkins: Beg your pardon?
Mr. Surana: When we did the budget, which is $200,000,000, we had anticipated
$20,000,000 in revenue and we anticipated $20,000,000 in expenditure.
Commissioner Dawkins: Wait a minute. When you created the budget, you
anticipated twenty million what?
Mr. Surana: Two hundred million dollars in revenues and $200,000,000...
Mr. Odio: Maybe I can simplify it, Commissioner Dawkins. The $20,000,000
were basically used for payroll of the City of Miami...
Commissioner Dawkins: I wish you would let J.L., since he explained it to
you, let J.L. explain it.
Mr. Odio: No.
Commissioner Dawkins: Yes, let J.L. He explained it to you. Let him explain
it. Go ahead, J.L.
Mr. Odio: No, because he doesn't know what I am going to say.
Commissioner Dawkins: Yes, he does.
Vice Mayor Alonso: Turn on the microphone.
Mr. Odio: He doesn't know what I'm going to say.
Commissioner Plummer: They are going to save, but let me tell you...
Commissioner Dawkins: Yes, he does know.
Commissioner Plummer: Miller, let me tell you what I am going to say. All
right? There is every year the same with the DDA (Downtown Development
Authority). Remember we have to loan DDA money to keep them operating,
because they have to wait for the taxes to be collected and forwarded to them.
In ad valorem taxation, there has always been a five percent reserve. That
reserve is for both those who pay late and for those we don't collect. That
is where the $20,000,000 anticipation of notes comes from. We anticipate to
get that money, but we don't have it. So we have to operate. We have to have
that money. Subsequently, you buy the notes.
81 April 2, 1992
-" Commissioner Dawkins: If you were operating your funeral home and you
_ anticipated that you would bury 100 people, and those 100 people would pay you
$100, and at the end of the year you did not bury those 100 people, what would
you do? -
a
Commissioner Plummer: Well, sir, you are assuming...
- Vice Mayor Alonso: He would kill them.-
Commissioner Dawkins: What would you do? i
Commissioner Plummer: I would have to either file or get a loan. But you are
anticipating all 100 are going to die.
Commissioner Dawkins: You are, too.
i
Commissioner Plummer: See, what happens is some of them live.
l 1 -
Commissioner Dawkins: You are, too. You are, too.
':. Commissioner Plummer: Some of them live, sir.
Commissioner Dawkins: See, so therefore...
Vice Mayor Alonso: Very few.
Commissioner Dawkins: ...you adjust by laying off some people, or what have
you.
Commissioner Plummer: Oh, OK, all right, I see your point. Mr. Manager, he
makes the point that if you reduced by the amount that is needed, you would
not need it. His point is well taken. Not necessarily I agree with it.
Commissioner Dawkins: That is all.
Commissioner Plummer: If you reduced your needs by that amount that you are
anticipating, then you do not have to anticipate.
Mr. Odio: Fine, then if you can tell me how I can eliminate the Gates case
payments, and how do I eliminate payroll payments, I would be glad to do it.
Commissioner Plummer: Well, I can tell you an awful lot of ways, but you
don't want to hear them.
Mr. Odio: Yes, but the Gates payment is due, you know, five million... What
is it? Six...
Mr. Garcia: Five million dollars.
Mr. Odio: Five million dollars cash the first...
Commissioner Dawkins: Mr. Manager, let me ask you a question. One question,
and I'll be finished with this, Mr. Mayor. When you came on board, was the
Gates question here?
82 April 2, 1992
EJ
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: When you took the job, sir?
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: Mr. Manager.
Mr. Odio: Yes.
Commissioner Dawkins: And did you know that eventually it would have to be
paid?
Mr. Odio: Oh, I know that.
Commissioner Dawkins: All right. And did you, by any chance, make any
arrangements to be able to pay it without telling me, as a Commissioner, I
should be able to tell you how to manage, so that you could pay it?
Mr. Odio: Yes, I did. I sure did.
Commissioner Dawkins: All right, then, so why are you telling me... then what
you got to do...
Commissioner Plummer: Well, yes, but let's be honest with each other. What
was his recommendation for the alternative? That was to pay the $221,000,000
up front immediately and then be in obligation debt for the bond of
$656,000,000. That, to me, was never an alternative. You called it an
alternative, but I don't.
Commissioner Dawkins: Well, how can you say he offered you an alternative, if
you didn't accept it?
Commissioner Plummer: I didn't accept it.
Commissioner Dawkins: Well, then, he didn't offer you one.
Commissioner Plummer: Oh, yes, he offered it. He offered it to you also and
you turned it down.
Commissioner Dawkins: I turned... well...
Commissioner Plummer: That's right. The alternative was instead of being
hoodwinked, as we were by Roshashan [sic] - whatever the hell his name was who
wanted to be City Manager so bad, he was willing to do anything.
Mayor Suarez: There was a Richard Rosichan that used to...
Commissioner Dawkins: No, that is not him. Not him.
Commissioner Plummer: Shhh, please, he works for my brother.
Mayor Suarez: Right, Dick Rosichan, and of course, Mr. Rosencrantz...
83 April 2, 1992
a
Ej
Commissioner Plummer: Yes, Mr. Rosencrantz. The difference
paid off the Gates settlement at that particular time, as it
the Manager, we would owe $221,0000000, and we could wipe
alternative was to take out a bond issue for $221,000,000. To
would have cost the taxpayers of this City $656,000,000 by Mr.
we told him, "Shove it!" So there was an alternative.
was that if we
was offered by
It clean. The
pay it that day
Howard Gary and
Commissioner Dawkins: Well, I'm going... OK. No, and there is another
alternative that none of you took that everybody up here should admit to.
That is seven -eighths of the Miami work force who is paid with these dollars
do not live in the City of Miami, pay no taxes to the City of Miami and
contributes nothing to the welfare and up being of the City of Miami. If you
up here, us, do not find a way to eliminate that, then the City Manager would
not have a problem and Miller Dawkins is saying this, and the Commissioners up
here would not have a problem because there would be no money with which to
operate a City of Miami.
Mayor Suarez: OK, are we still on item 12, right? Do we have a motion and a
second, Madam City Clerk? Would you read the ordinance, please. Call the
roll, please.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE
NO. 19020, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1992, ADOPTED
SEPTEMBER 26, 1991, BY ESTABLISHING A NEW ACCOUNT
ENTITLED: "TAX ANTICIPATION NOTES, SERIES 1991 NOTE
FUND" AND APPROPRIATING A SUM OF $20,889,333 TO
PROVIDE FOR THE REPAYMENT OF RECENTLY ISSUED TAX
ANTICIPATION NOTES.
Passed on its first reading by title at the meeting of March 12, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Vice Mayor Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
j Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES
: Commissioner Miller J. Dawkins
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10965.
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.
84 April 2, 1992
C -W
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Alonso: With regrets, yes.
------------------------------------------------------------------------------
27. SECOND READING ORDINANCE: AMEND CODE SECTION 2-305, CONCERNING CONFLICTS
OF INTEREST AND DISCLOSURE OF REAL ESTATE OWNED BY CERTAIN OFFICIALS --
ADD MEMBERS OF THE NUISANCE ABATEMENT BOARD TO ENUMERATED ELECTIVE AND
APPOINTIVE OFFICERS SUBJECT TO DISCLOSURE.
------------------------------------------------------------------------------
Mayor Suarez: Item 3, second reading ordinance concerning conflict of
interest and disclosure of real estate, et cetera.
Vice Mayor Alonso: Move it.
Commissioner Plummer: Second.
Mayor Suarez: Moved. Seconded by Commissioner Plummer. Any discussion? If
not, read the ordinance. Call the roll, please.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 2-305 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, CONCERNING
CONFLICTS OF INTEREST AND DISCLOSURE OF REAL ESTATE
OWNED BY CERTAIN OFFICIALS, THEREBY ADDING THE FIVE
-`, (5) MEMBERS OF THE NUISANCE ABATEMENT BOARD TO THE
ENUMERATED ELECTIVE AND APPOINTIVE OFFICERS OR
EMPLOYEES OF THE CITY, SUBJECT TO DISCLOSURE.
Passed on its first reading by title at the meeting of March 12, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
i
AYES: Commissioner J. L. Plummer, Jr.
!' Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
j Vice Mayor Miriam Alonso
-J Mayor Xavier L. Suarez
NOES: None.
3� ABSENT: None.
5� THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10966.
The Cit.,
announced that
to the public.
Attorney read the ordinance into the public record and
copies were available to the members of the City Commission and
April 2, 1992
--------------------------------------------------------------- ------ ---------
28. SECOND READING ORDINANCE: AMEND ORDINANCE 9959 -- RELEASE ALL
LIMITATIONS OF AUTHORIZED INVESTMENT OF CITY FUNDS OR FUNDS OF ANY
RETIREMENT PROGRAM CONTROLLED BY THE CITY AGAINST THE COUNTRY OF
NAMIBIA.
------------------------------------------------------------------------------
Mayor Suarez: Item 14.
Vice Mayor Alonso: Move it. There is no problem with this?
Mr. Odio: No, in fact, I was told to put on the record that Mr. H.C. Smith,
Esq., sent a letter of support of this.
Commissioner Plummer: This was Carollo.
Vice Mayor Alonso: Fine.
Mayor Suarez: All right. On item 14.
Vice Mayor Alonso: Yes, I so move.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded, and we have been contacted repeatedly by the State
Department on this and I think I was...
Vice Mayor Alonso: Yes, I believe the federal government and other agencies
lifted the restrictions. Right?
Mayor Suarez: All sanctions on Namibia. Call the roll, please.
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 9959, ADOPTED
FEBRUARY 14, 1985, THEREBY RELEASING ALL LIMITATIONS
OF AUTHORIZED INVESTMENT OF CITY FUNDS OR FUNDS OF ANY
RETIREMENT PROGRAM CONTROLLED BY THE CITY AGAINST THE
COUNTRY OF NAMIBIA; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 12, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
86 April 2, 1992
WN
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10967.
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.
29. FIRST READING ORDINANCE: AMEND CODE CHAPTER 31, ARTICLE II (SCHEDULE OF
OCCUPATIONAL LICENSE TAXES) -- CLARIFY DEFINITION OF THE EXHIBITORS
CLASSIFICATION AND PROVIDE FOR A LOWER TAX WHEN THE EVENT IS HELD IN A
FACILITY OWNED BY THE CITY.
Mayor Suarez: Item 15.
Mr. Odio: What we are doing here, just so that you know, we have had
approaches of people that want to rent our space to sell products, and because
of the high sales tax that goes along with the high rent, they cannot afford
to sell from our facilities. So this is to encourage people to come in and
use our facility to be able, and at the same time, have exhibitions where they
can sell products. In other words, we are cutting the rate in half...
Commissioner De Yurre: What are you talking about? Sales tax on the rental?
Mr. Odio: No, on the products that they sell, they have to pay some...
Right, Carlos?
Mr. Carlos Garcia: We are talking about the giving...
Vice Mayor Alonso: This is the license. Right?
Mr. Odio: Yes, the license.
Commissioner Plummer: This is occupational. This is not sales tax.
Vice Mayor Alonso: This is the license.
$37.50. Is that it?
Mr. Garcia: Occupational license, right.
So it is $75, we go to half of it,
Mr. Odio: No, it is not a sales tax, but they do have...
87 April 2, 1992
M �
Mr. Garcia: We are talking about giving a break to the people that use City
facilities, charging them 50 percent of the licenses instead of the full
license, to induce them...
Mr. Odio: For the license of them.
Vice Mayor Alonso: The license is $75.
Mr. Garcia: That is right, yes.
Mr. Odio: Right, so you cut it...
Vice Mayor Alonso: So you are charging them 50 percent.
Mr. Garcia: That is right.
Commissioner Plummer: What about, for example, Saturday and Sunday, the
Florida Avenue market up here? How much licenses do they pay us? Mr.
Manager, on the corner of Florida Avenue...
Mr. Odio: Oh, across from the Dade Cycle?
Commissioner Plummer: ...between Margaret and McDonald, every Saturday and
Sunday, there is a farmers' market.
Mr. Odio: Yes.
Commissioner Plummer: It is a flea market, I assume is what it would be
referred to. What are they paying to the City of Miami to conduct businesses
against companies who do businesses in the City of Miami and pay taxes?
Mr. Garcia: There is a special events license, for which we charge different
rates.
Commissioner Plummer: Sir, that was not my question. How much does this one
pay?
Mr. Garcia: I don't know how much that one, in particular, pays. I will have
to find that out.
Commissioner Plummer: Please.
Mr. Garcia: Yes.
Commissioner Plummer: I think you will find that they pay nothing.
Mr. Garcia: That is probably true.
Mr. Odio: But this is just to encourage people to come in and rent.
Commissioner Plummer: Move item 15.
Mayor Suarez: So moved.
?; 88 April 2, 1992
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Call the roll.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD BY TITLE ONLY.)
Commissioner De Yurre: Let me ask this. Is this like a one time...
Mr. Odio: One time. It is not that we are going to rent our facility and
make it a...
Commissioner De Yurre: No, no, no. What I am saying is if these individuals
come back - let's say it's a monthly event or three, four, five times a year -
does this one permit or license apply for the whole year, or is it a per item,
per...?
Mr. Odio: They have to take one per event.
Mr. Garcia: Per event.
Commissioner De Yurre: Per event?
Mr. Odio: Yes.
Commissioner De Yurre: And how much would it cost to get a normal license to
sell in a business?
Vice Mayor Alonso: Seventy-five.
Mr. Garcia: You're not talking about someone that has a business in the City.
You're talking about someone that is using a City facility.
Commissioner De Yurre: No, I'm talking about somebody that uses - that works
or operates in the City. That has a business in the City. What do they pay
normally?
Mr. Garcia: It varies. It depends on the amount of inventory that they have
at the particular time.
Commissioner De Yurre: Say limit that inventory.
Mr. Garcia: It depends on... I think...
Commissioner De Yurre: Basically, the point that I'm trying to make is, you
know, are...
Mr. Odio: Let me do something, Commissioner. And I should always follow my
instinct. I had withdrawn this item because I have a problem that we would
rent our facility to compete with businesses that are within the City of Miami
paying taxes. Let me look into that and bring it back, please, at the next...
Vice Mayor Alonso: You mean fifteen?
89 April 2, 1992
�f
t
Mr. Jones: It is already passed.
-
Mr. Odio: Yes. Please. It's already passed? No, they haven't voted on it.
Commissioner De Yurre: No, no, no. We haven't voted.
-
Ms. Hirai: I was just beginning to call the roll on it.
Mr. Odio: OK. I'll do this. If you pass it on first reading, I will not
bring it back on second ordinance. We have answered those questions that...
Some of them were bothering me yesterday whether we are encouraging people to
—
come in our facility and sell and they might be selling a product that is
competing with stores that are in the immediate area that are paying taxes.
Vice Mayor Alonso: Mr. Manager.
_
Commissioner De Yurre: Well, the point that I'm making is that a person that
goes there five times a year to sell, he may end up paying twice or two and a
half what normally one would pay for a whole year-round license.
_
Mr. Odio: That does happen, too. That does happen. That's why we we're
=_
cutting in here.
Commissioner De Yurre: So maybe there should be a license that they get on a
-
!!
year-round basis to sell out of our facility.
bothered When there
_=
Mr. Odio: But let me give you an example of what me. was
a big sale at the Knight Center of suits and men's clothing and so forth...
ii
Commissioner De Yurre: Is that where you got that one?
Commissioner De Yurre: No? OK.
Mr. Odio: No. This is an old one.
Commissioner Plummer: Ask Sergio.
Mr. Odio: And this is when we found about that they were complaining about
this. But at the same time that this happened, we had a business in the City
that complained that we were having somebody there competing with them, even
though this was a liquidation sale or whatever.
s'
Commissioner Plummer: What difference is that than over here selling produce
on Saturday and Sunday against the food fair at...
Mr. Odio: That one we do not own the land and we do not control that area
except we go and enforce the law. Here we're talking about our own
facilities. That's all. If you want to pass it on first reading, I'll get
some...
Commissioner Plummer: We did. We've already passed it.
Commissioner De Yurre: No, we haven't voted yet.
90 April 2, 1992
Mr. Odio: ... questions answered on this.
Vice Mayor Alonso: No, we have not voted on it.
Commissioner Plummer: Oh.
Commissioner Plummer: No.
Vice Mayor Alonso: Now, my concern is, Mr. Manager, in cases like this if you
really have concerns, you should pull this item before it reaches us because
it puts us in a difficult position.
Mr. Odio: Well, what I said to myself was it's a first reading and if I'm not
comfortable...
Vice Mayor Alonso: So your concerns are that it might be competing with local
people as well as that we are now trying to reduce the fee that they pay for
licenses even though it might be that at the end of the year they end up
paying five times...
Mr. Odio: Right. That's if they...
Vice Mayor Alonso: ... what our people are paying.
Mr. Odio: ... come back five...
Mr. Garcia: Well, we already have the license, if I may say that. What we're
doing basically is reducing the license fifty percent for City facilities.
Mr. Odio: But my concern is precisely what you said. My concern that...
Vice Mayor Alonso: Competition.
Vice Mayor Alonso: ... we would be providing our City facility to hurt some
of our local businesses that are in the immediate area or selling the same
thing. But I will bring it back.
Mayor Suarez: OK. On 15...
Mr. Odio: Make a note of that.
Mayor Suarez: What do you want to do then?
Mr. Odio: Pass it on first reading.
Mayor Suarez: All right.
Mr. Odio: It won't come back unless those questions are answered.
Commissioner Plummer: Call the roll.
Mayor Suarez: Call the roll on 15.
91 April 2, 1992
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 311 ARTICLE II, ENTITLED
"SCHEDULE OF OCCUPATIONAL LICENSE TAXES" OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
CLARIFYING THE DEFINITION OF THE EXHIBITORS
CLASSIFICATION AND PROVIDING FOR A LOWER TAX WHEN THE
EVENT IS HELD IN A FACILITY OWNED BY THE CITY OF
MIAMI; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR 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:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The 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.
30. ACCEPT BID: ALAN DEUTSCH ASSOCIATES, INC., FOR FURNISHING AND
INSTALLATION OF A FRONT STAGE CURTAIN AND VALANCE AT MANUEL ARTIME
CENTER (for Department of Community Development -- CIP 333083).
------------------------------------------------------------------------------
Mayor Suarez: Item 16.
Commissioner Plummer: More subsidy to the Artime Center.
Vice Mayor Alonso: No, this is a grant for the famous curtain that...
Mayor Suarez: Oh, please. Moved.
Commissioner Plummer: More good money after bad.
Vice Mayor Alonso: ... and I move that we approve.
Mayor Suarez: Commissioner Plummer emphatically seconds it.
Commissioner Plummer: Good money after bad.
92 April 2, 1992
pr
Mayor Suarez: Call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-225
A RESOLUTION ACCEPTING THE BID OF ALAN DEUTSCH
ASSOCIATES, INC. FOR THE FURNISHING AND INSTALLATION
OF A FRONT STAGE CURTAIN AND VALANCE AT THE MANUEL
ARTIME COMMUNITY CENTER FOR THE DEPARTMENT OF
COMMUNITY DEVELOPMENT AT A TOTAL PROPOSED COST OF
$6,985.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 333083, ACCOUNT CODE NO.
459501-860; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
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
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J.L. Plummer, Jr.
ABSENT: None.
Vice Mayor Alonso: I will invite him to the opening with the new curtain so
he will enjoy the best performance of all...
Commissioner Plummer: For six hundred thousand dollars, I hope I enjoy it.
Vice Mayor Alonso: ... and then he will come back and say I think it was a
wise investment.
Commissioner Plummer: Six hundred thousand dollars.
Mayor Suarez: Just make sure he's not under the curtain when you lift it and
lower it and all of that.
Vice Mayor Alonso: Yeah, tie him to his seat.
Mayor Suarez: I can see it falling on him and producing a client for his own
business. All right.
93
April 2, 1992
LO
NOTE FOR THE RECORD: At this point, Agenda item 17
was continued. [Proposed resolution amending 92-91
concerning a UDP and draft RFP for development of a
full service boat yard facility, marina and optional
marine -related retail use on City -owned waterfront
property at 2640 S. Bayshore Drive.]
-------------------------------------------------------- ---------------------
31. AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 1 OF THE RESTAURANT AGREEMENT
WITH THE MIAMI RIVER GROUP, INC., FOR THE MANAGEMENT AND OPERATION OF
BIJAN'S RESTAURANT (LOCATED IN CITY -OWNED PROPERTY IN FORT DALLAS PARK).
-------------------------------------------------------------
----------------
Mayor Suarez: Item 18.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? How long is the extension for?
Mr. Odio: For the...
Mr. Al Armada: There is no time extension.
Commissioner Plummer: No, it's a different method of payment.
Vice Mayor Alonso: Yeah.
Mr. Odio: Of payments and... That's all that has been adjusted, Mr. Mayor.
Vice Mayor Alonso: It's lowered from twenty-five hundred to twelve hundred.
Mr. Odio: Until...
Vice Mayor Alonso: Is that right?
Commissioner Plummer: But then it takes more percentage on the long end.
Vice Mayor Alonso: Yeah, exactly.
Mr. Odio: But then we get more percentage. He has been seriously hurt by the
construction of the People Mover.
Mayor Suarez: I gather, too, that we've got to figure out a way to promote
that whole area a lot more.
94 April 2, 1992
Vice Mayor Alonso: Oh, yes.
Mr. Odio: Well, the station of the People Mover will be right there. So that
should help, but in the meantime, he has been practically put out of business.
Commissioner Dawkins: And all you're trying to do, Mr. Manager, is try to
help him stay in business until the transit is completed.
Mr. Odio: Yes, sir.
Mayor Suarez: All right. Moved and seconded. Any discussion?
Commissioner De Yurre: Are we getting reimbursed for the savings now, or how
is that going to work?
Mayor Suarez: Do we have the ability to readjust the formula later? I guess
if we had the ability to adjust it now...
Commissioner De Yurre: How do you determine...
Mr. Armada: It is being adjusted already because the...
Vice Mayor Alonso: Because of the percentage.
Mr. Armada: Exactly. Because before we were not entitled to take five
percent of the first five hundred thousand dollars worth of sales.
Mayor Suarez: Whatever adjustment we're making now...
Mr. Armada: Now we are.
Mayor Suarez: You know, this is a simple question.
Mr. Armada: So we're lowering the...
Mayor Suarez: Whatever adjustment we're making now, are we able to readjust
later to...
Mr. Armada: Yes, by...
Mayor Suarez: ... answer Commissioner De Yurre's concern that, you know, all
of a sudden this could be a bonanza.
Mr. Armada: By the volume of sales. Of course. Because we're going to
have...
Mayor Suarez: No, not by the volume of sales. That's not readjusting the
formula. That's simply reflecting a new volume of business, etcetera.
Vice Mayor Alonso: But we didn't have the percentage.
Mayor Suarez: Are we able to readjust... Whatever we're doing to readjust the
formula now more favorably to Bijan, are we able to readjust later...
95 April 2, 1992
Mr. Armada: No. Let me...
Mayor Suarez: ... more favorably to the City, if we were inclined to do that?
I'm not saying we would be.
Mr. Armada: Yeah. Let me tell you...
Vice Mayor Alonso: Yeah, but we increased from zero to five percent. So, in
fact, we are taking that into account. Aren't we?
Mr. Armada: That five percent is very important, but if you're talking about
another opportunity of when we're going to have to readjust the formula
entirely, yes, we will be able to do that when he exercises his two last five-
year options. At that time...
Mayor Suarez: Are those mutual options?
Mr. Armada: At the sole discretion of the City Manager, if he complies with
certain things. I mean, if he does a good business there, if he has an
ongoing operation and so forth and so on, the Manager...
Mayor Suarez: And it's still at the sole discretion of the City Manager...
Mr. Armada: Yes, sir.
Mayor Suarez: ... which means that you can change terms.
Mr. Armada: Yes.
Mayor Suarez: Economic terms.
Mr. Armada: Yes.
Mayor Suarez: When is one of those due?
Mr. Armada: I couldn't tell you now. I guess eight years from now or
something like that. Around eight years from now is what I would say is the
time.
Mr. Odio: I'll tell you that operation has really... I am glad that it's
still there, let me put it that way.
Mayor Suarez: All right. I'm glad you're there and I'm glad it's still
there. Call the roll.
Commissioner De Yurre: Well, before we get into that...
Mayor Suarez: I wasn't really asking for the philosophy of...
Commissioner De Yurre: Are you telling me that right now all they have been
paying is a flat rent...
Mr. Armada: Yes.
96 April 2, 1992
3
Commissioner De Yurre: ... and no percentage.
Mr. Armada: That's right.
Commissioner De Yurre: They were paying twenty-five hundred dollars...
Commissioner Plummer: The percentage never kicked in.
Commissioner De Yurre: ... a month.
Mr. Armada: Yes.
Commissioner De Yurre: What were the sales without the construction?
Mr. Armada: They were, before the construction, they were around thirty
thousand dollars a month. That's before the construction. After the
construction, they went below eight thousand dollars a month. And I saw the
records very clearly...
Commissioner De Yurre: So you're telling me what? That they sell thirty
thousand dollars... They have gross sales of thirty thousand per month?
Mr. Armada: They were having sales of thirty thousand dollars a month.
Commissioner De Yurre: They were?
Mr. Armada: Yes.
Commissioner De Yurre: Before the construction?
Mr. Armada: Yes.
Commissioner De Yurre: And five percent of that...
Mr. Armada: No, under the...
Commissioner De Yurre: No, no, no. Under the... I'm looking at the scenario
of once the construction is over and done with...
Mr. Armada: OK.
Commissioner De Yurre: ... and we look at this formula...
Mr. Armada: Exactly.
Commissioner De Yurre: ... if we're looking at five percent of thirty
I'
thousand...
i' Mr. Armada: That's right.
—; Commissioner De Yurre: ... we're only talking about fifteen hundred dollars.
Mr. Armada: That's right.
i
.1
i
97 April 2, 1992
Commissioner De Yurre: OK.
Mr. Armada: That's right. It's going to...
Commissioner De Yurre: As opposed to twenty-five hundred dollars.
Mr. Armada: No, no, no. Wait a second.
Commissioner De Yurre: Well, hold it. Hold it. Isn't that what they're
paying now?
Mr. Armada: Excuse me. No, wait a second, Commissioner. Look, if at the
time that the construction is complete, OK, and he goes up to thirty thousand
dollars a month, or he goes up to as much as five hundred thousand dollars a
year, we are going to be entitled to twenty-five thousand dollars for that
year. Five percent of five hundred thousand dollars. OK? Which, today he
was paying us twenty-five... He was only paying us twenty-five thousand
dollars a month without - twenty-five hundred dollars a month, correct -
without five percent of the gross. That was not in the formula. What we did
is we are lowering the minimum rent to one thousand two hundred, but we're
also adding five percent of the first five hundred thousand dollars worth of
sales, which we were not entitled to before. So if he does good, we will do
good as well. We will get five percent of whatever he does.
Commissioner De Yurre: Understand what I'm saying. What I'm saying is that
without the construction, without any problems, he was making thirty thousand.
Mr. Armada: He was making thirty thousand.
Commissioner De Yurre: OK? And we were making twenty-five hundred...
Mr. Armada: Twenty-five hundred dollars a month, yes.
Commissioner De Yurre: ... a month.
Mr. Armada: Right.
Commissioner De Yurre: OK? Now you're saying that, let's say construction is
over, and he should go back to normal, he should go back to that thirty
thousand. Five percent of thirty is going to be fifteen hundred and we're
going to end up losing a thousand dollars a month. What I'm saying is, what
are we doing to protect ourselves that we will at least be making the twenty-
five hundred?
Mr. Armada: Well, I...
Commissioner De Yurre: Because there's no history that he's going to make
five hundred thousand dollars.
Mr. Armada: Let me tell you. The real...
Commissioner De Yurre: There's no history he's going to make thirty-five
thousand dollars.
98 April 2, 1992
Mr. Armada: I have to be... You know, the real good, you know, deals that
we've done insofar as the rentals and use of our property is based upon the
volume of sales. When we encourage somebody to increase their volume of
sales, that's where we make our money. Remember that 1f this man then exceeds
five hundred thousand dollars, he then starts paying us seven percent of that.
If he goes beyond that, he pays us ten percent on that. So, the more money he
makes, the more money we make.
Commissioner De Yurre: I'm aware of that. That's simple math.
Mr. Armada: OK. That's the way it is. And all I'm saying is...
Commissioner De Yurre: But what I'm getting at is another point, you know.
Where is...
Mr. Odio: I'll tell you an amendment that I think Bijan would accept. That
at the moment he gets back to the thirty thousand dollars a month sales, he
will go back to the minimum rent of twenty-five hundred dollars a month. That
takes care of your concern, Commissioner.
i Commissioner De Yurre: That should take care of that.
Mr. Odio: OK. Right.
Commissioner De Yurre: That's fair enough. Right?
Mr. Odio: Amend it that way. In other words, we are relieving him now
because he's been put out of business by construction. The moment he goes
back to normal, to the thirty thousand a month, the automatic minimum payment
goes up to twenty-five hundred.
Commissioner De Yurre: What is he grossing now?
Mr. Odio: Eight thousand a month.
Commissioner De Yurre: Eight?
Commissioner Plummer: If he's lucky.
Mr. Armada: Less than eight thousand.
Mr. Odio: If he's lucky.
Mr. Armada: Less than eight thousand.
Commissioner De Yurre: OK.
Commissioner Plummer: I don't know how in the hell he's been able to hang on.
I really.don't.
Commissioner De Yurre: We've got to have the DDA (Downtown Development
Authority) start holding some of their parties over there.
Commissioner Plummer: Yeah.
99 April 2, 1992
j
Commissioner De Yurre: You know, Off -Street Parking and some of these other
authorities that have dollars and that have parties and cocktail parties and
this and that to start using places that we get a percentage from.
Commissioner Plummer: I use him for the ITB (International Trade Board) lunch
every month. I try to use him whenever possible.
Commissioner De Yurre: Well, then we should create that kind of atmosphere
throughout the City.
Mayor Suarez: OK.
Ms. Hirai: We need to call the roll, Mr. Mayor.
Mayor Suarez: Please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-226
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE RESTAURANT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
THE MIAMI RIVER GROUP, INC., A FOR PROFIT CORPORATION,
FOR THE MANAGEMENT AND OPERATION OF BIJAN'S
RESTAURANT, LOCATED ON CITY -OWNED PROPERTY IN FORT
DALLAS PARK, MIAM1, FLORIDA, THEREBY MODIFYING CERTAIN
TERMS AND CONDITIONS OF SAID AGREEMENT, AUTHORIZED
PURSUANT TO RESOLUTION NO. 88-50, ADOPTED JANUARY 14,
1988.
(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.
100 April 2, 1992
32. DISCUSS AND DEFER (TO LAST MEETING IN APRIL) PROPOSED RESOLUTION
AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR THE
MANAGEMENT, OPERATION AND MAINTENANCE OF THE BICENTENNIAL PARK FOOD AND
BEVERAGE CONCESSION AREA (LOCATED AT 1075 BISCAYNE BOULEVARD).
Mayor Suarez: Item 19.
Mr. Odio: We brought it back because Commissioner De Yurre asked us to. I
would still ask to defer until we have had the meetings with the Ralph Sanchez
people and so forth.
Mayor Suarez: Well why can't we do one thing in concert with the other?
Commissioner De Yurre: Well the only reason that I asked for it to come back
was that J.L. said that at this meeting that we'd be discussing what was going
to be happening at the park.
Commissioner Plummer: No, the 30th, Victor. I have everything ready for the
meeting of the 30th, isn't it? Yeah.
Mr. Odio: It'll be here...
Commissioner De Yurre: OK. Then bring it back for the 30th.
Mayor Suarez: For the 30th?
Commissioner Plummer: The 30th. Yeah.
Commissioner De Yurre: OK.
Commissioner Plummer: I will be - Mr. Mayor, for your edification, we're
working... By the way, it's an interesting concept, Carmen Lunetta has shown a
tremendous interest in joining with the improvements to Bicentennial and FEC
(Florida East Coast) and so we're working with them and in concert with them,
but also on an individual basis to make a presentation to this Commission on
the 30th.
Commissioner De Yurre: About taking up port space?
Commissioner Plummer: Well, it's a combination. It's going to be a
smorgasbord that you can take what you want part of it and leave what part.
The interesting part is, is that the County has somehow or another found the
"golden goose" to involve themselves in this upgrading of the area. So that's
part of it. If Carmen had his way, yes it would be part of some of the liners
and if we go it alone, then of course it would be more for the park as far as
Bicentennial.
Commissioner De Yurre: From what he has expressed to me, and we've talked
about this already, he would be looking to put in four ships.
101 April 2, 1992
Commissioner Plummer: It could be, yes.
Commissioner De Yurre: Which would amount to about a million passengers,
which if we were to charge like a dollar a head, that would be a million
dollars coming to us. You know, or whatever we can... But there's a lot of
money there.
Commissioner Plummer: Victor, that's just for openers.
Commissioner De Yurre: I know. I'm aware. But, I mean, there's a lot of
money...
Commissioner Plummer: OK. That's what we're working on.
Commissioner De Yurre: ... involved in this.
Commissioner Plummer: That's what we're working on. It looks good.
Mayor Suarez: All right.
Commissioner De Yurre: But no free cruise trips. OK?
Mayor Suarez: And let's not postpone it from the 30th, please. Because this
is one component that seems quite viable and the other ones are dreams of all
of us, but...
Commissioner Plummer: No, the Grand Prix proposal, Mr. Mayor, will definitely
be before us.
Mayor Suarez: OK.
33. DISCUSS REQUEST BY REPRESENTATIVE OF INTERNATIONAL DANCE FESTIVAL FOR
USE OF A CITY FACILITY -- REQUEST ADMINISTRATION TO ASSIST IF POSSIBLE.
Vice Mayor Alonso: Mr. Mayor, may I take a minute to recognize a person...
Mayor Suarez: Yes.
Vice Mayor Alonso: ... that has been waiting since the beginning? I want to
recognize before we go to lunch, please, a representative of International
Dance Festival and please try to keep it as short as you can. State your name
and address for the record, please.
Mr. Marcos Alcayaga: It's very short. What we're trying to do here is to
create more jobs because of the economic situation of the City. Second, is
promoting the City through one of the most important international cultural
events. It's a coalition. It's a cultural coalition. A face you can
recognize me here many times working in some aspect including the just
mentioned through the Bicentennial Park with a proposal we were representing
in 1987 and it still is coming. The new impact to the cultural coalition is
102 April 2, 1992
M
because the multi -ethnic group needs to be recognized in terms of the aspect
involved in the City and we want to use the facility of the City in order to
do something like Vina Del Mar. But because it's a growing event and Vina Del
Mar and we are working with televisions and many of the networks, trying to
hear from the community at large and to bring up this event, we are
practically running against time, because we would like to bring up to the
Gusman Center for the Performing Arts and, technically speaking, we are tight
in order to issue the tickets and at this moment we would like to use the
facility and we are requesting to the Honorable City to facilitate the place.
Vice Mayor Alonso: You understand that we cannot waive fees at Gusman? Mr.
City Manager, pay attention to see if we can work something out here for this
event.
Mr. Odio: What are they requesting, the Gusman Hall?
Vice Mayor Alonso: Yes.
Mr. Odio: We'll have to do the same as we did... Let me work it out with the
Off -Street Parking and see how we do it.
Vice Mayor Alonso: Yeah, the...
Mr. Odio: How many...
Mr. Alcayaga: They have the information and everything is ready including I
delivered to Frank Castaneda. The only thing we are asking is just to use the
facility. It's only around six thousand dollars, something like that...
Vice Mayor Alonso: OK, will you work out with...
Mr. Alcayaga: ... and in return we would promote the City. We are not asking
just for also to use the facility, but we want to promote the City.
Commissioner Plummer: Are you charging an admission?
Mr. Alcayaga: The admission will be a very reasonable price.
Commissioner Plummer: Is this nonprofit?
Mr. Alcayaga: It's a nonprofit. Because it's going to be established. We
are inviting the consulate at large in order to establish the foundation to
protect the environment.
Vice Mayor Alonso: OK. So you will be working with him to find a solution so
they can have the event at the Gusman Center.
Mr. Alcayaga: I need the same situation like the film.
Vice Mayor Alonso: Yes. Yes.
Mr. Alcayaga: Thank you.
Vice Mayor Alonso: They are going to work with you.
103 April 2, 1992
Commissioner Plummer: Oh, yeah, yeah, yeah. I remember this. They gave...
Vice Mayor Alonso: This is a very...
Commissioner Plummer: Yeah.
Mr. Alcayaga: Thank you.
Mayor Suarez: OK.
Vice Mayor Alonso: Thank you.
------------------------------------------------------------------------------
34. AUTHORIZE PURCHASE OF TWO VACTOR 15-CUBIC YARD COMBINATION HIGH PRESSURE
JET AND VACUUM SEWER CLEANERS ($238,030) UNDER CITY OF NORTH MIAMI BEACH
BID NO. 91-17 FROM PEABODY MYERS CORPORATION (for Department of General
Services Administration and Solid Waste / Fleet Management Division -
CIP 352275).
------------------------------------------------------------------------------
I Mayor Suarez: Item 21.
Mr. Odio: This equipment will be used for sewage cleaning, Mr. Mayor.
Mayor Suarez: I'll entertain a motion on item 21. Commissioner Dawkins,
recommend it from the Commission awareness?
Vice Mayor Alonso: And of course we couldn't find anyone minority or local
vendor on this type of equipment, I suppose.
Mayor Suarez: OK. Moved and seconded.
Mr. Jim Kay: No, this is very specialized.
Mayor Suarez: Did you get the move and then the second? Commissioner Dawkins
seconded it and the Vice Mayor, I think, moved it, or vice versa. Yes, Ron.
Mr. Ron Williams: Thank you, Mr. Mayor. I just wanted to put on record that
the item as printed in the Agenda says the City of North Miami, it's really
North Miami Beach.
Mayor Suarez: OK.
Mr. Williams: I just wanted to get that on the record.
Mayor Suarez: Call the roll on the item.
104 April 2, 1992
C
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-227
A RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2)
VACTOR 15-CUBIC YARD COMBINATION HIGH PRESSURE JET AND
VACUUM SEWER CLEANERS UNDER A CITY OF NORTH MIAMI
BEACH BID NO. 91-17 FROM PEABODY MYERS CORPORATION AT
A TOTAL COT OF $238,030.00 FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/FLEET
MANAGEMENT DIVISION; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT NO. 352275, ACCOUNT CODE
NO. 319901-840; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
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.
--------------------------------------- -----------------------------
35. (A) AUTHORIZE MANAGER TO ENTER INTO COLLECTIVE BARGAINING AGREEMENT
WITH FRATERNAL ORDER OF POLICE, LODGE NO. 20 (October 1, 1991 -
September 30, 1993).
(B) DISCUSSION CONCERNING POLICE DEPARTMENT AND THE NEIGHBORHOOD
ENHANCEMENT TEAM (NET) PROGRAM.
(C) SET MAY 7, 1992 AS DATE FOR MIDYEAR BUDGET HEARING AND TO
DISCUSS POLICE -RELATED ITEMS (See label 47).
(D) BRIEF DISCUSSION CONCERNING NORTH POLICE SUBSTATION AND
ALLEGATIONS THAT IT HAS BEEN USED AS DUMPING / PUNISHMENT
GROUNDS.
------------------------------------------------------------------------------
Mayor Suarez: Item 22. Last item of the day.
Mr. Odio: This is the FOP (Fraternal Order of Police) agreement.
Mayor Suarez: Very simple item and I know we're going to get a statement from
Mr. Cotera to the effect...
105 April 2, 1992
Mr. Odio: Yes.
Mayor Suarez: ... that the union fully intends to implement at the time of
the open portion of this contract the City residency requirement for all new
hires. And I know, of course, all these things are subject to votes and such
of your union, but...
Mr. Odio: And, Mr. Mayor, for the record, too...
Mayor Suarez: Can I just get him to say...
Mr. Odio: OK.
Mayor Suarez: ... something.
Mr. Al Cotera: We intend to negotiate faithfully, yes, on that issue.
Mayor Suarez: That's not enough for my vote.
Mr. Odio: Let me put it from our...
Mayor Suarez: You always should negotiate faithfully.
Mr. Cotera: Al Cotera. President, Fraternal Order of Police.
Mayor Suarez: Al, that's not enough for me. I'm sorry. We could always take
the item up in the afternoon. If you want to say clearly and unequivocally
that it is your intention, subject to the kinds of things that...
Commissioner Plummer: Well, Mr. Mayor. Excuse me.
Mayor Suarez: Yeah.
Commissioner Plummer: Just for your edification. I have one area of this...
Mayor Suarez: Oh. OK.
Commissioner Plummer: ... that I'm also concerned about. I've talked with Al
and the management and that's in reference to uniforms and equipment. And the
way this is written in here, I think we need some latitude and modification so
that we have alternatives for the possibility of a half million dollars worth
of equipment and uniforms. Mr. Manager, you'll remember I spoke to you about
Coral Gables way of distribution. They give "X" number of dollars. OK? I
spoke about the fact that we don't need to, every year, force a policeman to
have three more pair of khaki pants hanging in the closet.
Mr. Odio: That's exactly what we don't...
Commissioner Plummer: OK.
Mr. Cotera: That's what we tried to do.
106 April 2, 1992
Commissioner Plummer: OK. Well, I want to get into that a little bit and get
some more latitude in there is what I'm trying to accomplish.
Mr. Odio: Well, what we did is...
Commissioner Plummer: As I said to you before, that the monies that we give
you instead of paying to a uniform company, you can use it for dry cleaning,
you can use it for leather, is the alternatives is what I want to write into
this, Mr. Manager.
Mr. Odio: That's what we did here.
Commissioner Plummer: I want to discuss it. OK? That's all I'm saying.
Mayor Suarez: You want to do it in the afternoon or are you going to
discuss...
Commissioner Plummer: No. Residency, that's the Mayor.
Mayor Suarez: I'm sorry. Did you indicate that you wanted to discuss it
further today?
Commissioner Plummer: I think it would be better that we do it in the
afternoon. Yes, sir.
Mayor Suarez: All right.
Vice Mayor Alonso: I think it will take some time probably.
Mayor Suarez: The item then is going to be taken up in the afternoon.
Commissioner Plummer: But definitely before we leave.
Mayor Suarez: You want to answer my question as long as I posed it and we've
got two minutes?
Mr. Cotera: Like I said, it's a reopener for September and it'll be part of
negotiations. It is the only reopener...
Mayor Suarez: Is it the intent of yourself, as the head of the union... Does
your term extend at least until September?
Mr. Cotera: Yes, it does.
Mayor Suarez: ... to comply with this Commission's request - I think the
majority of this Commission - that all new hires be required to live in the
City of Miami?
Mr. Cotera: That is what we are discussing at the moment. As part of all
negotiations, I am asking for something in return. I think that it is an
issue - what I am asking for - is an issue of a policy decision with no added
expense and that is basically up to management to...
Mayor Suarez: What is that? Policy decision.
107 April 2, 1992
a 114
Mr. Cotera: The 4/10 for CIS (Criminal Investigation Section).
Mayor Suarez: The 4/10 for CIS?
Mr. Cotera: That's correct.
Mayor Suarez: What does that mean?
Commissioner Plummer: The work day for Criminal Investigation Section.
Mr. Odio: They want the police officers that work in CIS to work only fcur
days instead of five.
Mayor Suarez: Well, I don't accept it as being a quid pro quo or something
that should be negotiated on that basis. I want to say that also for the
other unions because this was something that was previously a matter of
negotiations. It really shouldn't have been. I think the City should simply
impose that requirement and let you work out your union contracts any way you
want and take it outside of that collective bargaining and I think we could do
that, if we wanted to. Other jurisdictions have been able to do it. So, the
CIS 4/10, etcetera, may or may not be a good idea, but I'm not going to accept
it as a quid pro quo and I'm not sure how I'm going to vote on this if you're
going to make that an absolute requirement. So, I guess we'll take up the
discussion.
Commissioner Plummer: Well, you know... And Al, this is not speaking against
the contract, but, to me, when you go into negotiation to gain something,
you've got to give up something. Now, if you're giving a contract now and the
Mayor is looking to gain something in September, what are we going to have to
give up?
Mr. Cotera: 4/10 for CIS.
Commissioner Plummer: OK. That's not necessarily viable.
Mr. Cotera: I have shown where it is viable.
Commissioner Plummer: OK. Al, I know where you are. That's...
Mr. Cotera: Where it will save money.
Commissioner Plummer: Where's the Administration?
Vice Mayor Alonso: How many people do we have in that...
Commissioner Plummer: No, I'm asking. Where's the...
Vice Mayor Alonso: How many people are we talking about?
Commissioner Dawkins: Where's what, J.L.?
Commissioner Plummer: Are we kidding ourselves or not? - is the question I'm
asking.
108 April 2, 1992
Commissioner Dawkins: What? About what?
Mr. Cotera: A hundred and eight.
Commissioner Dawkins: About what?
Commissioner Plummer: The Mayor's point.
Commissioner Dawkins: What is his point?
Commissioner Plummer: His point is residency. Now, what I'm saying is, is if
you're not going to go to a negotiation on that issue, you're going to pass
the contract today with an opener in September just to that issue.
Mayor Suarez: No, no, no.
Commissioner Plummer: To gain something, you're going to have to give it up.
Something.
Unidentified Speaker: That opens up the whole contract.
Commissioner Plummer: It's not opening up the whole contract.
Mayor Suarez: I'm not planning to give anything up.
Commissioner Plummer: OK. That's the point.
Mayor Suarez: I understood that to be a commitment made the last time we were
at this juncture...
Commissioner Dawkins: That's right. You're right.
Commissioner Plummer: Are we kidding ourselves by this wordage?
Mayor Suarez: ... and to me, it's an absolute.
Commissioner Plummer: Is it a slight of hand? I'm asking what is happening.
Mayor Suarez: The only reason...
Mr. Odio: I'm telling you...
Mayor Suarez: ... that I asked... The only flexibility that I think we would
have in that, at least for my vote, - I believe Commissioner Dawkins and maybe
some others - is the fact that he has to get some endorsement from his
members, I believe. Actually, I think we could get around even that. And
there may be some exceptions that are called for from time to time that maybe
have to be built into it. I think we've...
Mr. Cotera: Mr. Mayor, we want to go into negotiations and try our best to
fulfill your wishes. But at the same time, I and my organization want
something in return.
109 April 2, 1992
Commissioner Plummer: Exactly.
Mr. Cotera: And that's why there are two items that have been left as
reopeners for September. I don't think that this is the appropriate forum for
us to be negotiating these issues and that's why it was left for September.
Commissioner Dawkins: What are the issues?
Mr. Odio: It's just... They want the 4/10 in CIS.
Commissioner Dawkins: What is the issue?
Mr. Cotera: 4/10 for CIS and residency...
Commissioner Dawkins: Huh?
Mr. Cotera: ... are the only two items that are openers.
Commissioner Dawkins: What are they? What are they?
Mayor Suarez: The residency is one.
Mr. Cotera: Residency.
Commissioner Dawkins: And what is the other one?
Mr. Cotera: And the 4/10 for CIS.
Commissioner Dawkins: What is the 4/10 SISA, or whatever?
Mr. Odio: It means that they work instead of five days...
Commissioner Dawkins: Mr. Manager, let me ask him, please.
Mr. Odio: Oh, I'm sorry.
Mayor Suarez: Commissioner, it's already been put in the record. It's the
four days a week for people doing special investigations.
Commissioner Dawkins: What is it, sir?
Mr. Cotera: Four days, ten hour days.
Commissioner Dawkins: For what?
Mr. Cotera: For the investigative units.
Commissioner Dawkins: For the...
Mr. Cotera: Right now, currently, only patrol has that.
Commissioner Dawkins: All right.
Mr. Cotera: Only the uniformed people have that.
110 April 2, 1992
r
Commissioner Dawkins: So, therefore, we want it for the whole Police
Department?
Mr. Cotera: Exactly.
Commissioner Dawkins: And you estimate - and just off the top of your head -
how many dollars that would cost?
Mr. Cotera: We showed where it would save fifty-six thousand dollars in
overtime.
Commissioner Dawkins: How?
Mr. Cotera: Because, number one, as you eliminate partially the three hour
minimum for court for all the midnight people. Right off the bat. And this
was their own study. This was not a study that was done by us. It was
prepared by the units upstairs.
Commissioner Plummer: Yes or no?
Mayor Suarez: You know, I can solve my particular problem by simply putting
into the record...
Commissioner Plummer: Well, wait, wait. I would like to hear...
Mayor Suarez: ... this afternoon...
Commissioner Plummer: I would like to hear yes or no on that from the
Administration.
Mayor Suarez: What was the question?
Chief Raul Martinez: Yeah, Chief Martinez. I wasn't directly involved in the
study but the Chief's position is that at this time, he's not ready to commit
to it because he's not sure whether it's going to save money or not. When you
give an investigator an additional day off during the week, that also gives
him an additional day off to go to court off duty, versus two days that he has
now. So the Chief is not ready at this moment to commit to that, that it
saves money and there's studies that shows both ways. One study that was done
that did show some money. There's another study that shows that it's going to
be more expensive for us. One of the reasons why we spend so much money in
court overtime right now is because exactly that issue. Our patrol officers
work the 4/10. We still have one more day a week that they can go to court
off duty.
Commissioner Plummer: So obviously then what you're telling me in sum and
substance is that the Chief is not in approval of this contract?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: No, no. Listen to me again. In sum and substance, the
Chief is not in accord with this contract.
111 April 2, 1992
Mr. Cotera: Oh, he's in accord with the contract. He's in accord with
everything that has already been settled on. He may not be in accord with the
4/10 for CIS.
Commissioner Plummer: Al, that's not... This contract is for how long?
Mr. Cotera: Two years.
Commissioner Plummer: Two years?
Mr. Cotera: Correct.
Commissioner Plummer: OK. The point of it is if you don't meet certain
criteria in September, what happens?
Mr. Odio: We'll be in arbitration because we don't plan...
Commissioner Plummer: What happens if, in fact, for whatever reason, the
Chief comes up here and says that is absolutely bad, it's wrong, whatever he
wants to say, and the residency doesn't pass. What happens?
Mr. Odio: We are in arbitration.
Commissioner Plummer: In what?
Mr. Odio: Arbitration.
Commissioner Plummer: How are you in arbitration? You've already approved
the contract.
Mr. Odio: No, you're not. Not on this clause you have not.
Commissioner Plummer: It doesn't say that they will agree to it.
Mr. Odio: Yes, it does.
Commissioner Plummer: No, no, no.
say... All right, you're telling me...
Ms. Sue Weller: Commissioner.
It does not. This contract does not
Commissioner Plummer: ... that if they...
Mr. Odio: This contract says...
Commissioner Plummer: ... do not agree to residency...
Mr. Odio: No, no, no. This contract...
Commissioner Plummer: ... the contract is null and void.
Mr. Odio: This contract says that that clause is wide open for renegotiation.
Commissioner Plummer: That's fine. We understand that.
112 April 2, 1992
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Mr. Odio: And it's not into the contract.
Commissioner Plummer: I understand that that's reopener. What happens if,
for whatever reason, they don't agree to residency?
Mr. Odio: (OFF MIKE) We're in arbitration.
Ms. Weller: Commissioner.
Commissioner Plummer: What do you mean arbitration? How can you go to
arbitration when you've already approved a contract? The contract does not
depend on that issue passing or failing.
Mr. Cotera: Go to an impasse.
Ms. Weller: Commissioner.
Commissioner Plummer: It only says you'll open it up.
Ms. Weller: Commissioner. Sue Weller.
Commissioner Dawkins: And it doesn't say that they have to vote favorably
when you open it up.
Commissioner Plummer: That's correct. Go ahead.
Ms. Weller: In that instance, if the two parties - the City and FOP - were
not able to come to an agreement on those issues, an impasse would be
declared. We would then go before a special master. The special master would
make a recommendation to the City Commission. The City Commission... Or
rather to the City and the FOP. If either side rejected that recommendation,
it would then come before the Commission and they would be the determining
body as to what would happen.
Commissioner Plummer: You're telling me that that would null and void the
contract?
Ms. Weller: No. The contract itself stays in effect.
Commissioner Plummer: The arbitration is not binding.
Ms. Weller: It is not arbitration. This is...
Commissioner Plummer: Arbitration is only another ten thousand dollars out of
the City coffers. Now tell me if, in September, the Police Department said,
no way. Mr. Mayor, we love you, but we're not going to move into the City.
You go to arbitration. Does that null and void the contract?
Ms. Weller: No, sir.
Commissioner Plummer: Well, what have you accomplished?
113 April 2, 1992
Ms. Weller: What you have left are two issues that are unresolved until you
go before the special master...
Commissioner Plummer: Then why are you putting a contract forward now? Why
not wait until September and argue that points then? Then you'll know where
you are. That's the point I'm trying to make. Are we kidding ourselves?
Commissioner Dawkins: Mr. Mayor.
Commissioner Plummer: Does somebody see it differently?
Commissioner Dawkins: Yes. No. Mr. Mayor.
Commissioner Dawkins: Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager or Mr. City Attorney. I've been through
this three or four times. What does the Charter say about residency and
employment in the City of Miami?
Commissioner Plummer: I don't think it does. Only to us.
Commissioner Dawkins: No, sir. No, sir. What does it say? Somebody over
there.
Mr. Odio: Well, what I understand that civil service rules clearly state that
employees should live in the City of Miami.
Commissioner Dawkins: That's clearly stated.
Mr. Odio: In the City civil service rules.
Mr. Cotera: That was waived by...
Mr. Odio: I know. He's asking me what is in there. I'm telling him that,
Al.
Commissioner Dawkins: Wait a minute. Now, wait, wait, wait. I'll let you
speak. Wait a minute. Go ahead, Mr. Manager.
Mr. Odio: "Residency. All applicants must be residents of the City of Miami,
Florida except when the director of the Human Resources Department determines
that prior recruitment experience or other relevant factors make broader
recruitment necessary in order to attract qualified applicants or to comply
with Federal requirements or court order. Preference and certification may be
given to residents of the City or of a specific neighborhood when such
preference will serve the best interest of the City or will assist in
achieving compliance with applicable law or regulation. Employees must
maintain residence in accordance with requirements established by the City
Manager."
Commissioner Dawkins: OK. OK. Now...
Commissioner Plummer: That was for the Police Department or all City
employees?
114 April 2, 1992
Mr. Odio: This is for all City employees. Civil service.
Commissioner Dawkins: All right. So, therefore, you know, we've been through
this before. We keep saying that this is the law, but somebody through these
gentlemen negotiated a deal where one of us can move out and they go to court
and say that you allowed Miller Dawkins to move out, his son, his grandson and
now I can move. And unless you put your foot down and say everybody lives in
the City of Miami and you don't give... Mr. Manager, I know... and don't give
no waivers... I keep telling you...
Mr. Odio: Let me explain, Commissioner, what I...
Commissioner Dawkins: Wait a minute. Right after this. Then I'll let you
talk.
Mr. Odio: OK.
Commissioner Dawkins: How much... Mr. Surana, go to the mike, please. Of the
total budget, how much is in salaries? What percentage?
Mr. Odio: Seventy-five percent.
Commissioner Dawkins: Seventy... Huh?
Mr. Odio: Seventy-five percent.
Commissioner Dawkins: It's a little more than that.
Commissioner Plummer: Excuse me. Miller. Miller.
Commissioner Dawkins: It's a little more than that.
Mr. Odio: Of the total budget, it's seventy...
Commissioner Plummer: Salaries and perks.
Mr. Surana: Perks. Seventy-five percent.
Commissioner Dawkins: That's what I'm saying. I'm getting to that.
Commissioner Plummer: Salaries and perks are ninety point two percent.
Commissioner Dawkins: Huh?
Mr. Odio: (OFF MIKE - INAUDIBLE)
Commissioner Dawkins: OK. OK.
Commissioner Plummer: How much is it?
Mr. Odio: It's seventy-five percent.
Commissioner Plummer: Bull!
115 April 2, 1992
Commissioner Dawkins: Wait a minute. That's pension, insurance, salary and
all, Mr. Manager?
Mr. Odio: I don't... Yeah. I lost that...
Mr. Surana: Yeah. Yeah.
Commissioner Dawkins: Seventy-five percent of the budget?
Mr. Odio: I lost that argument the other day.
Vice Mayor Alonso: Seventy-five percent? I thought it...
Commissioner Plummer: It's more.
Commissioner Dawkins: Huh?
Commissioner Plummer: It's more.
Mr. Surana: Yes.
Mr. Odio: Yes. I was arguing that it was ninety and I lost.
Commissioner Dawkins: OK. No problem. So seventy-five percent of the total
budget is in salaries?
Mr. Odio: Is in salaries. Yes, sir.
Commissioner Dawkins: Now, Mr. Manager, of the work force approximately what
percentage of it live in the City of Miami? Approximately.
Mr. Odio: If I told you... I'm guessing would be about twenty percent.
Commissioner Dawkins: And that's guessing high?
Mr. Odio: Guessing high.
Commissioner Dawkins: Very high.
Mr. Odio: Yeah.
Commissioner Dawkins: OK. Well, I'm going to guess fifteen percent.
Mr. Odio: OK.
Commissioner Dawkins: So, therefore, eighty-five percent of the total dollars
that you use - I'm sorry, not you, Mr. Manager - what we use from taxes in the
City of Miami to pay for employees in the City of Miami goes to other
municipalities and counties in Dade County and some Broward County. Some of
our people live in West Palm Beach.
Commissioner Plummer: And Monroe.
116 April 2, 1992
Commissioner Dawkins: Monroe County.
Mr. Odio: Yes.
Commissioner Dawkins: And you even had a fireman that used to commute from
Allachua County in Gainesville.
Commissioner Plummer: Ocala.
Commissioner Dawkins: See. OK.
Unidentified Speaker: (OFF MIKE) That was Dade County. Dade County. Miami.
Commissioner Dawkins: No, sir. Allachua. You had a fireman that lived in
Allachua. Gainesville. OK. Now, maybe I... Yeah, that one time. Not now.
Not now. But one time.
Commissioner Plummer: He only works every third day.
Commissioner Dawkins: OK. Now, but see, and I'm going to keep saying it,
every way I can say it, Mr. Manager. The tax base of the City of Miami is
nonexistent. And we keep pressuring you to provide services and the only way
you're going to provide services is to raise taxes. And I'm not going to vote
to raise my tax, because I do live in the City, to pay somebody who don't live
in the City. I'm not going to do that.
Mr. Odio: There's nothing wrong with your argument. Let me explain
something, Commissioner, you need to know because I know this is in the books.
Commissioner Dawkins: OK.
Mr. Odio: What I was told when I asked the question, when this issue came up
four years ago, as a matter of fact, why are we allowing firefighters, for
instance... They have to be living in the City when we hire them and then they
are allowed to move out. The answer to all these questions on why is that I
was told by the law that once you set the precedent, and it was set way back
years ago, waiving this...
Mr. Cotera: December the 17th.
Mr. Odio: ... that it becomes a past practice. And, therefore, it becomes
part of their contracts and, therefore, we have to negotiate it into their
agreements. That's what I was told by law. He can correct me if I'm wrong.
Commissioner Dawkins: Wait a minute. Al. Go ahead, Al.
Mr. Cotera: It was waived December the 17th of 1979 by then City Manager
Grassie.
Commissioner Dawkins: OK. Now, Mr. City Attorney.
Mr. Odio: I've been hearing my name all over the place that I did that and I
wasn't...
117 April 2, 1992
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Mr. Cotera: No.
Commissioner Dawkins: Mr. City Attorney.
A. Quinn Jones III, Esq.: Yes, sir, Commissioner.
Commissioner Dawkins: You - even if you have to hire somebody - you find me
some legislation that says the only way to get rid of that waiver is to
abolish the Fire Department, the Police Department and others. Abolish it.
Now, I also want you to alert the Governor of the State of Florida that if
this happens, I may have a crisis. And if I have a crisis, the Governor may
have to call out the National Guard because we do have National Guard MPs. We
do have National Guard firemen, and we do have National Guard garbage
collectors. And then we will rehire all people who are certified who move
back into the City of Miami. Because if you don't do that, the City is going
broke and there ain't nobody going to have no job because we ain't got no
money to pay them. So you look into that for me.
Mr. Jones: Yes, sir.
Commissioner Plummer: What is a police recruit?
Mr. Odio: What is a police recruit?
Commissioner Plummer: Yeah.
Mr. Odio: That's when we go to the Academy and that's part that we negotiated
that they will make twelve and a half percent less.
Commissioner Plummer: So they go to the Academy...
Mr. Odio: For six months, they will make twelve point five percent less than
police.
Commissioner Plummer: And we're paying them twenty-six thousand dollars to go
to the Academy.
Mr. Odio: Right. Years before, we were paying them full - their starting
pay. Now, we negotiated into this agreement that we pay twelve and a half
percent less.
Commissioner Plummer: Let me ask you another question. Mr. Manager, let's
use anything.
Mr. Odio: OK.
Commissioner Plummer: On a Police Captain. Do the numbers which I have on...
Mayor Suarez: J.L., can I suggest that we just - unless this is a quick
question - that we just go ahead and take this up in the afternoon.
Mr. Odio: You mean...
Commissioner Plummer: Let me give the question and he can come back...
118 April 2, 1992
Mayor Suarez: All right.
Commissioner Plummer: ... with the answer after lunch.
Mayor Suarez: Take the question and then we'll adjourn.
Commissioner Plummer: A Police Captain that's twenty years with the Police
Department, you show at seventy thousand...
Mr. Odio: One sixty-nine.
Commissioner Plummer: One sixty-nine.
Mr. Odio: Yeah.
Commissioner Plummer: Does that include perks?
Mr. Odio: What's that? I'm sorry.
Commissioner Plummer: I want to know what a Police Captain with twenty years
is making. You can give me the answer after lunch, but I know it's over a
hundred thousand dollars.
Commissioner Dawkins: Commissioner De Yurre said...
Commissioner Plummer: You want to know where our problems are?
Mr. Odio: They will be making sixty-seven thousand four seventy now.
Commissioner Plummer: What?
Mr. Odio: They are making sixty-seven thousand four seventy.
Commissioner Plummer: According to this...
Mr. Odio: You also... Let me point out that we only have...
Commissioner Plummer: Hey, no. Answer my question.
Mr. Odio: By the end of 192, they'll be making seventy thousand.
Commissioner Plummer: Seventy thousand one hundred and sixty-nine dollars,
plus perks.
Mr. Odio: If they've been here twenty years.
Commissioner Plummer: OK. That's plus perks.
Mr. Odio: Now let me point this out...
Commissioner Plummer: And plus perks is going to be in the neighborhood of
roughly thirty-five thousand dollars. You're paying Police Captains better
than a hundred thousand dollars a year.
119 April 2, 1992
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Mr. Odio: I just want to point out that we reduced the Captains. We only
have five left.
Commissioner Plummer: I don't care how... You can't afford no morel
Mr. Odio: No, I know.
Commissioner Plummer: You can't afford what you got.
Mr. Odio: Oh, I agree with you. That's one rank I don't fight over.
Commissioner Dawkins: Commissioner De Yurre said that when I get the National
Guard, I should get General Schwartzkopf to sit in my seat.
Commissioner Plummer: Yeah, Joe Carollo will bring him over.
Mayor Suarez: All right. The question is stated. Answers will be provided
after...
Commissioner Plummer: No, I want an answer after lunch.
Mayor Suarez: ... after lunch. And we're recessed until 2:30. All right.
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:17 P.M. AND RECONVENED AT 2:36 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONER DE YURRE.
Mayor Suarez: Ladies and gentlemen, Union leaders, Department heads and
others, we are back in session and the topic was the FOP's contract that would
have an opening clause in September for one or two topics, and I was asking
personally about one of them. I'm satisfied as to my line of inquiry. I know
I'm not speaking just for myself, but some of the other Commissioners.
Commissioner Dawkins: Oh, you got some reinforcements, huh?
Mayor Suarez: Yeah. And it has to do with the fact that I think that your
union is committed to the residency requirements and I believe that's true of
the other ones, but at the appropriate time, we'll get them record. And to me
other matters are always negotiable. So, I'm satisfied.
Vice Mayor Alonso: You like the expression on the faces of the rest?
Mayor Suarez: Everybody had a very good lunch, I can see.
Vice Mayor Alonso: Very quiet.
Mayor Suarez: If not, you can have a seat and they might have some ideas in a
little while.
Commissioner Dawkins: Wait a minute. What are we supposed to be doing?
120 April 2, 1992
Mayor Suarez: We are going to be approving if, either now or at some time
this afternoon, or not approving, I guess it's an extension of their contract
that would take them up until...
Ms. Weller: It is a two-year contract beginning October of 191 through
September of 1993.
Mayor Suarez: So it's been out of date since last fiscal year?
Ms. Weller: Yes. October 191 through September of 193. We would reopen in
May of 193 just for beginning the next contract.
_ Commissioner Plummer: So, in other words, what you're saying is a year and
half of this is retroactive?
Ms. Weller: Well, the contract is but there's nothing really retroactive in
the contract.
Mayor Suarez: No, half a year is retroactive.
Commissioner Plummer: Well, the reason I'm asking, if you're talking about a
year and a half, what are the consequences of retroactive pay?
Ms. Weller: There is none. It's a...
Mayor Suarez: Why a year and a half? I read it as half a year. Let's get
that clarified.
Ms. Weller: Half a year.
Commissioner Plummer: September of 191.
Ms. Weller: 191 through now...
Mayor Suarez: That's half a year.
Ms. Weller: ... is for six months.
Commissioner Plummer: Oh. OK. I'm sorry. (INAUDIBLE)
Mayor Suarez: Don't get too confused. We are confused enough as it is.
Commissioner Dawkins: OK. So, if you approve this, then the residency is out
the window?
Ms. Weller: We will be reopening this September and residency will be an
issue to be discussed.
Commissioner Dawkins: But if the union does not want to reopen it, it's out
the window.
Mr. Odio: They have to... No, I sent you a memo yesterday...
Mr. Cotera: We are agreeing to reopen.
121 April 2, 1992
Commissioner Dawkins: OK. Wait a minute. Wait a minute. Al, I hear you.
But see...
NOTE FOR THE RECORD: Commissioner De Yurre entered
the meeting at 2:41 p.m.
Mr. Odio: It has to be reopened and...
Commissioner Dawkins: They do not have to agree to it, so what's he said?
Mr. Odio: If they don't agree to it, then we will be in the special master
because we will not agree to anything but residency requirement for new
employees.
Commissioner Plummer: I'm sorry. Look. I've made it extremely clear, my
position. And I'll stick to my position.
Commissioner Dawkins: What is it?
Commissioner Plummer: I think that anybody that's a new hiree should live in
the City of Miami. OK? I think anybody who lives out of the City of Miami
who is presently an employee who sells their place of residence or their lease
expires, should move back into the City. Now that's my position. You may or
may not agree or disagree with it. But that's my position. But what I'm
saying to you in so many words, this reopener in September means nothing. All
it means is that in September, we'll talk about it. That's all that it means.
So let's don't kid ourselves. If that's what you're trying to accomplish,
that's what it does. But other than that, it means nothing more than just
that. Now, if you say, if you say that in September of this year, that if the
residency requirements are not adopted, this contract is null and void, then
you've accomplished something. Because they've got to talk about it and
they've got to do something. But the way it is right now, they don't have to
do a damn thing. So all I'm saying is, let's don't kid ourselves. That's the
name of the game.
Commissioner Dawkins: OK. I have one question and we'll do whatever we are
going to do. It says fiscal year 192-193 four percent across the board upon
ratification of an agreement. What does that mean?
Ms. Welter: I'm sorry, Commissioner. What page were you on?
Commissioner Dawkins: OK. I'm on page... I don't know, there's no numbers.
Hold on.
Mr. Cotera: The article on wages.
Commissioner Dawkins: Article 19.
Ms. Weller: Yes, sir.
122 April 2, 1992
40
Commissioner Dawkins: OK?
Ms. Weller: What was your question?
Commissioner Dawkins: It says across the board fiscal year 192-193, which
starts when?
Ms. Weller: October of 192.
Commissioner Dawkins: October of 192?
Ms. Weller: Yes.
Commissioner Dawkins: And this is 192.
Ms. Weller: Yes, sir.
Commissioner Dawkins: All right. This is 192.
Ms. Weller: Yes, sir.
Mr. Odio: Next budget year.
Commissioner Dawkins: So, October is October 192.
Ms. Weller: Yes, sir.
Commissioner Dawkins: OK. October 192. Four percent across the board upon
ratification of this agreement.
Ms. Weller: Yes, sir.
Commissioner Dawkins: What does that mean?
Ms. Weller: Well, if you ratify the contract today, then come October of 192
the bargaining unit members will receive a four percent across-the-board
increase to their wages.
Commissioner Dawkins: Retroactive beginning when?
Ms. Weller: Beginning October of 192.
Commissioner Dawkins: October of 192. Where is the four... OK. Where is the
four million dollars?
Ms. Weller: You mean the cost for the wages?
Commissioner Dawkins: Yes, ma'am.
Ms. Weller: It would have to be budgeted.
Commissioner Plummer: Where's it coming from?
123 April 2, 1992
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Mr. Odio: It will be in next year's budget. Not in this budget, but next
year's budget. You're making a commitment today to add to next year's budget
four percent.
Mr. Cotera: On the article...
Commissioner Plummer: But that's only in the Police Department.
Ms. Weller: Yes.
Mr. Odio: Yeah.
Commissioner Dawkins: OK. Added from where?
Commissioner Plummer: Where is it coming from?
Mr. Odio: It will be part of your budget.
Commissioner Dawkins: What budget?
Commissioner Plummer: Where is it coming from? - is the question.
Mr. Odio: It would be general fund monies.
Commissioner Dawkins: How can you...
Commissioner Plummer: You're saying that you don't...
Commissioner Dawkins: Hold it, Mr.... Hold it, hold it, hold it.
Mr. Odio: We have looked at...
Commissioner Dawkins: OK. Hold it, hold it, hold it. Because, see, I mean,
Iam...
Mr. Odio: I will...
Commissioner Dawkins: ... at a loss.
Commissioner Plummer: Hey, Miller. Anticipated bonds.
Commissioner Dawkins: No, no, no.
Mr. Odio: I'll tell you where it is coming from.
Vice Mayor Alonso: I didn't mean to...
Commissioner Dawkins: OK. Wait a minute, wait a minute. Hold it, hold it,
hold it. See, I'm... You told the unions you had no money. You encouraged
the unions not to take raises. You also encouraged the unions to have people
retire so that you would have money. So now, you did all of that under the
guise of money -saving techniques.
Mr. Cotera: That's correct.
124 April 2, 1992
Commissioner Dawkins: So now, where is the four million dollars that you
should have saved through these maneuvers?
Mr. Odio: Part of the early retirement plan...
Commissioner De Yurre: (OFF MIKE - INAUDIBLE)
Commissioner Dawkins: Oh, that was the four...
Commissioner De Yurre: (OFF MIKE - INAUDIBLE)
Mr. Odio: Part of the early retirement plan was to...
Commissioner Dawkins: But that was only one -sixth of it.
Mr. Odio: Knowing that we are reducing the payroll substantially...
Commissioner Dawkins: Beg your pardon. Let me hear... Say what, Mr. Manager?
Mr. Odio: ... that next year we would have sufficient monies to cover the
four...
Commissioner Dawkins: From where?
Mr. Odio: ... percent increase.
Commissioner Dawkins: That's all I'm asking you.
Mr. Odio: From the savings of the early retirement plan.
Commissioner Dawkins: Beg your pardon.
Mr. Odio: From salary savings that we would have from the early retirement
plan.
Commissioner Dawkins: OK. How many policemen do we have to replace to bring
the force up to the accepted minimum amount of policemen?
Mr. Odio: We have a class at night right now of thirty and we will have
another class on October 1st of another thirty. We will have class of the
Fire Department of thirty-five come October. Those were planned last year
when we went into the early retirement. Plus the PSAs (Public Service Aide)
that are going to be hired.
Commissioner Dawkins: Let me rephrase my question...
Mr. Odio: We have not...
Commissioner Dawkins: ... because I'm not getting the answer.
Mr. Odio: Well...
125 April 2, 1992
Commissioner Dawkins: How many policemen are we supposed to have to be at
full strength? How many?
Mr. Odio: The full strength that we calculated was one thousand and sixty.
Commissioner Dawkins: One thousand and sixty.
Mr. Odio: No. One thousand one hundred.
Commissioner Dawkins: Beg your pardon.
Mr. Odio: One thousand eighty-six. I'm sorry.
Commissioner Dawkins: One thousand...
Mr. Odio: Eighty-six.
Commissioner Dawkins: ... and eighty-six policemen.
Mr. Odio: Yes.
Commissioner Dawkins: How many do we have now?
Mr. Odio: One thousand and fifty.
Commissioner Dawkins: One thousand and fifty?
Mr. Odio: One thousand and forty-one. I'm sorry.
Commissioner Dawkins: One thousand...
Mr. Odio: Forty-one.
Commissioner Dawkins: ... and forty-one.
Mr. Odio: Right.
Commissioner Dawkins: You have two classes of how many in class? You say
you've got one class, you're going to put another class in.
Mr. Odio: There will be thirty and then thirty more.
Commissioner Dawkins: Thirty and thirty. So if you add that, that's sixty.
That will give you one thousand one hundred...
Mr. Odio: No.
Commissioner Dawkins: ... and eleven.
Mr. Odio: No, because we lose people.
Mr. Cotera: Because of attrition.
Commissioner Dawkins: All right. OK. How many are we losing?
126 April 2, 1992
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Mr. Odio: About three a month, right now.
Commissioner Plummer: Five.
Mr. Odio: No, three.
Commissioner Dawkins: All right. Five a month. OK.
Mr. Cotera: Five.
Commissioner Dawkins: Five times twelve is sixty. You've got sixty in the
class, so how are you going to gain anything if you're losing five a month?
How are you going to bring it up to the...
Mr. Odio: We're losing about three...
Commissioner Plummer: Can I ask a question? Where does the hypothetical
number come? This magical in the sky...
Mr. Odio: It doesn't have to be one eighty-six.
Commissioner Plummer: ... that a thousand and eighty-six is what we have to
have.
Mr. Odio: No, we don't have to.
Commissioner Plummer: But where did this...
Commissioner Dawkins: No, wait a minute. You see, J.L. Plummer. Don't
confuse my issue.
Commissioner Plummer: OK.
Commissioner Dawkins: OK, J.L. Don't confuse my issue.
Commissioner Plummer: All right.
Commissioner Dawkins: OK? I'm not interested in a magical number. I'm going
by what they told me and when they budgeted me and had me sit down and approve
a budget, J.L.
Commissioner Plummer: OK. Go ahead.
Commissioner Dawkins: That's all I'm interested in.
Commissioner Plummer: Go ahead.
Commissioner Dawkins: See, I mean, I don't care whether they got it from out
of their doomsday thing in the newspaper every day. I don't care where it
came from.
Commissioner Plummer: They did.
127 April 2, 1992
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Commissioner Dawkins: But see, all I'm saying is, if you're losing five a
month, five times twelve is sixty. You've got two classes with sixty in it,
and you're down, I don't know how many now. You don't gain nothing.
Commissioner Plummer: What about the fifty-seven that took the early
retirement?
Mr. Cotera: Forty-eight.
Commissioner Plummer: Huh?
Mr. Cotera: Forty-eight.
Commissioner Plummer: There was fifty-seven, I was told. Whatever they are.
I mean what about the ones that took the early retirement?
Commissioner Dawkins: OK. All right. And four percent Mr. Mano across-the-
board raises comes to what?
Mr. Surana: About two point five million with the fringes.
Commissioner Dawkins: Two...
Commissioner Plummer: Is that union only or is that entirely?
Mr. Surana: I'm sorry.
Commissioner Plummer: Is that union only or the entire department?
Mr. Surana: Only union.
Commissioner Plummer: OK. What about the rest now? You know, be honest.
What about the raises for the nonunion members?
Commissioner Dawkins: That's right.
Commissioner Plumper: For the non-...
Mr. Surana: OK. All the for all the employees is some...
Commissioner Dawkins: No, no, no.
Commissioner Plummer: No, no. Just the Police Department.
Mr. Surana: OK. The Police Department.
Commissioner Dawkins: Four percent across the board, to me...
Commissioner Plummer: It means everybody.
Commissioner Dawkins: ... means four percent for everybody in the Police
Department. Now that's what it means to me. That means PSAs, that means
everybody. Across the board means everybody in the Police Department. OK?
Now that's what it means.
128 April 2, 1992
Mr. Cotera: No, sir.
Commissioner Dawkins: Yes, it does. Yes, it does. That's what we're going
to do.
Mr. Cotera: Not as far as our contract is concerned.
Commissioner Dawkins: Oh, no, no. No. I know you are not negotiating for
them. OK?
Commissioner Plummer: How much does the Chief make right now?
Mr. Surana: I would say about...
Commissioner Dawkins: You're not negotiating for them. OK? But also this is
a nonunion state. They're also entitled to whatever the hell you get.
Commissioner Plummer: How much?
Mr. Surana: Seven hundred thousand roughly.
Mr. Cotera: No. Wait a second.
Commissioner Dawkins: Yes, they are.
Mr. Cotera: No, no, no. When...
Mr. Surana: Six or seven hundred thousand.
Mr. Cotera: My understanding, when you're saying union versus nonunion, I
refer to it as...
Commissioner Plummer: Classified and nonclassified.
Mr. Cotera: ... bargaining unit versus non -bargaining unit.
Commissioner Dawkins: No, I'm talking about everybody who works in the Police
Department.
Commissioner Plummer: Across the board, Al, means total.
Mr. Cotera: OK. So we're talking captains, lieutenants, sergeants and police
officers.
Commissioner Plummer: We're talking everybody, is across the board.
Commissioner Dawkins: We're talking about everybody.
Mr. Cotera: Not as far as this contract is concerned, it doesn't.
Commissioner Plummer: That's why I'm asking.
Commissioner Dawkins: Yea, but according to the City of Miami, Al, we are.
129 April 2, 1992
1�
Commissioner Plummer: Miller, let me try this one on. How much in the Police
Department for those that are not covered by this two point five...
Mr. Odio: None. No.
Commissioner Plummer: In other words, none of the top echelon are going to
make any money at all?
Mr. Odio: We are not planning to do that.
Commissioner Plummer: No raises?
Mr. Odio: Nope.
Commissioner Plummer: For the next three years?
Mr. Odio: For the next year.
Commissioner Plummer: Or next two years.
Mr. Odio: I'm talking about next year. No.
Commissioner Plummer: Next two years.
Vice Mayor Alonso: Two years.
Commissioner Plummer: This is a two-year contract.
Mr. Odio: No. It's one more year. This is one more year.
Commissioner Plummer: OK.
Mr. Odio: The first year is at zero percent. Next year is four percent.
That's it. Nobody in the executive ranks are getting increases.
Commissioner Dawkins: Tell me how you arrived at the amount of money through
savings. Tell me that.
Mr. Odio: OK. Get Frank. We'll explain it.
Mr. Surana: I'm sorry. Which savings is he talking about?
Commissioner Dawkins: Beg your pardon?
Mr. Surana: I'm sorry. Which savings are we talking about?
- (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Surana: This year, we had roughly about two hundred plus employees retire
throughout the City of Miami.
Commissioner Dawkins: No, no, no. Tell me about the Police Department.
130 April 2, 1992
R
Mr. Surana: OK. The Police Department you had about forty-eight employees
that retired.
Commissioner Dawkins: OK.
Mr. Surana: So on... Employees that retired.
Commissioner Dawkins: OK.
Mr. Surana: The new hire and the difference between retirees is
approximately, I will say, about twenty thousand a piece.
Commissioner Dawkins: OK.
Mr. Surana: So that's about a million dollars.
Commissioner Dawkins: OK.
Mr. Surana: Savings just because of retirees.
Commissioner Dawkins: OK.
Commissioner Dawkins: Now, Mr. Mano the other day we had the Chief of Police
say that he had savings along the same lines that you are saying with no hires
and not replacements. They did not put any officers in the Academy so they
saved money. They did not hire the total number of PSAs so they saved money.
They hired guards and they saved money. Now what part of money did we save
this four percent raise in? What part?
Mr. Surana: Commissioner, when we do the budget, we look at total City
picture. Not one individual department. We take our total revenues and total
requirement for the City. I mean, you're going to prepare...
Commissioner Dawkins: Mr. Mano Surana.
Mr. Surana: Yes, sir.
Commissioner Dawkins: When you give me the budget, there was no such thing as
encouraging work force to retire, so I could not consider that when you gave
me the budget. There was no such thing as the Haitian demonstration for me to
look at when I approved the budget. There was no such thing as the NET
(Neighborhood Enhancement Team) program when you gave me the budget. So don't
tell me, sir, that when I approve the budget and sit down with the budget,
that it adds up.
Mr. Surana: It does every year, Commissioner.
Commissioner Dawkins: You're right. And every damn year, you've got to go
borrow money and juggle figures. You're right. If you don't say nothing else
true today, when you get through juggling numbers, it adds up.
Mr. Surana: Budget is a projection. And you have to adjust it.
131 April 2, 1992
Commissioner Dawkins: But you see, there's always projections until I ask for
specific... Until you're off spending money, then it's a projection. It's
projected here that you're going to have money for the four percent across the
board. That's a projection. And I'm trying to tell these gentlemen here that
it is a projection. And all I'm asking you is to ensure them that it's not a
projection, that it's an actuality. And you're not showing me that.
Mr. Surana: Commissioner, we shared the numbers with the union when we did
the budget for 192 and at that time...
Commissioner Dawkins: But the union members don't vote on the budget. I'm
the one who's got to approve a budget, Mr. Mano.
Mr. Odio: Just so...
Mayor Suarez: What happens...
Commissioner Dawkins: Thank you.
Mayor Suarez: ... actual figures don't work as far as the contract that is
signed? What do you tell the union? We projected this, but it didn't work
out. We don't have the money.
Mr. Odio: Well, let me say this. And the union, thanks to what they did, we
had a four percent increase for this current year and we are forgetting that
and when they saw that we couldn't afford it, they took it back.
Mr. Cotera: Mr. Manager, I'd like to remind the Commission of something.
That the four percent article in this contract is really a moot point at this
time. We agreed to this back in October as part of the early incentive
program. We deferred the four percent from last year to 192. Originally, we
were supposed to have gotten the four percent along with the other unions in
October of 191. So we deferred it for a year, so I don't see what the
argument, you know...
Commissioner Dawkins: Well, see... But...
Commissioner Plummer: But that doesn't preclude, Al, that we couldn't kill it
in '93.
Mr. Cotera: It's an issue that's already been resolved.
Commissioner Dawkins: Well, they've got to tell me, Al, is that you deferred
it and they put it in Southeast Bank, which went under, which is now First
Union Bank...
Mr. Cotera: AmeriFirst.
Commissioner Dawkins: ... and that the four percent is sitting in the bank
waiting. That's all... If what you say is true. That's all I'm asking.
Commissioner Plummer: It ain't there.
132 April 2, 1992
Commissioner Dawkins: That's not. And we know that. See. All I'm asking
them, Al, is you just told me where it's supposed to be. Mr. Surana never
told me that you, as the police union, forewent a four percent increase which
you were entitled to, which was in the budget, ready to be given to you, and
you said, no, put that in the bank and hold it for us until 192-193.
Mr. Cotera: That's basically what happened.
Commissioner Dawkins: And 1f somebody could tell me what bank it's in, I'll
be happy. That's all I'm asking.
Mayor Suarez: All right. Any further questions, Commissioners?
Commissioner Plummer: Yeah.
Mayor Suarez: Commissioner Plummer.
Vice Mayor Alonso: Well, what we really need is answers rather than
questions.
Mr. Odio: Commissioner, when you look at the budget for next year,
Commissioner, we will have to make sure - and by the way we have had three
long meetings with the unions in planning for next year's budget. They know
the numbers for next year as well as I do. And they know that every time we
have met, the money is in there for the four percent because we have a
deferment and that we have to comply with. Something else we have to give,
and we will give because we have to bring to you a balanced budget. That's
what I'm trying to tell you today, that since we made and they made the
commitment to defer the four percent, we have to deliver that. Now...
Commissioner Plummer: Mr. Manager, you have not delivered to me a balanced
budget in the past three years.
Mr. Odio: OK. Well...
Commissioner Plummer: OK? You've predicated on this Commission doing
something and if we don't do it...
Mayor Suarez: You know, you two are...
Commissioner Plummer: ... then it's not balanced.
Mayor Suarez: You and Dawkins are even in interrupting the Vice Mayor who was
attempting to speak. I am just keeping count.
Vice Mayor Alonso: I am not sure I remember anymore.
Commissioner Plummer: Who the hell was that?
Vice Mayor Alonso: That's the one who sits here...
Mr. Odio: We have to .... when ... as we prepare the budget ... we have have
had three sessions already. The 4 percent is in it and we are aware that we
have to raise this amount of monies, but one thing we are doing is not hiring
133 April 2, 1992
anyone in the City today. Especially in the civilian side - let's see, the
last time I looked we had, the last time I looked we hired a total of seven
people, or something like that. I don't know. The last time I looked
maybe...
Vice Mayor Alonso: Well you know, you've given to us a very difficult
decision to make today when, in fact, we don't have a definite answer in
what's going to happen. We have serious concerns because right now we not
only have this 4 percent that we have to come up with, but also we have
another commitment to the citizens of Miami, and it's NET (Neighborhood
Enhancement Team). We better come up with the money to maintain the level of
services that we have promised to the citizens of Miami. We have increased
the promises that we've been giving to them through the years, and now we've
told them, now we have NET. And yes these are the numbers, and they are
impressive, no question about that. Are we going to be able to maintain the
level of service that we have led them to believe that we will, and if not,
what kind of explanation are we going to give the citizen of Miami when we
have given them the impression that NET, at least what it comes to the Police
Department, is what they've been waiting for a long time, and we told them yes
this is the time in which finally City Hall listens to you and we came to the
streets, we are going to maintain the streets in a very secure fashion. Now
we turn around and come in September or maybe before we turn around and we
say, but in fact what we said is not what we meant, and now either you get
ready to have a tax increases which this Commission I don't think is ready to
give to you, and then you say, well, members of the Commission, come up with a
solution, and then here we are the five bad guys...
Mr. Odio: No. I think what...
Vice Mayor Alonso: And yes, it's very difficult. Do you understand the
position in which we are?
Mr. Odio: Yes, I do.
Vice Mayor Alonso: It's not fair to us, it's not fair to the public, It's not
fair to the Police Department. It's just unfair all across, and we have to
have an answer from you...
Mr. Odio: Right.
Vice Mayor Alonso: ...and I don't know if he's ready to give an answer. I
was going to point to him, but when I look at him it looked to me like a child
trying to find the answer where to get the money, and I don't think that he's
ready to give the answer. Maybe what is fair is that this item goes back and
you people really find the money. Because we have to find the money. This 4
percent, because we promised...
Mr. Odio: Right.
Vice Mayor Alonso: ...and also we have to find the money for NET. Because we
promised.
Mr. Odio: Well, I can...
134 April 2, 1992
Vice Mayor Alonso: Now do we do it?
Mr. Odio: I can say this. I think... thank God we were very clear on NET
that we were not raising expectations. We said clearly that the police
tactics that were taken up last month was an impact on crime, that the second
phase of it, which we'll see in writing by April 6 or 9...
Vice Mayor Alonso: But Cesar it's not fair to say that we did not when indeed
we did, because the public is now saying my streets are safer than they were
before. We've been telling ...
Mr. Odio: They sure are.
Vice Mayor Alonso: ...this is wonderful and this is the answer.
Mr. Odio: We have...
Vice Mayor Alonso: Are we going to say...
Mr. Odio: I will give you...
Vice Mayor Alonso: ...the Chief is the bad guy now...
Mr. Odio: No, I am not.
Vice Mayor Alonso: ...and the Police Department because they...
Mr. Odio: No.
Vice Mayor Alonso: ...cannot provide the services?
Mr. Odio: I am saying to you that we are committed to make the plan work.
Commissioner Plummer: It was never designed. It could not be.
Vice Mayor Alonso: Well, if we are not going to maintain the level of
service...
Commissioner Plummer: We can't.
Vice Mayor Alonso: ...why did we use half a million? - to do what?
Commissioner Plummer: Because you used more than a half...
Vice Mayor Alonso: To just resolve the problem for one month and go back to
where we were?
Commissioner Plummer: Forty-five days. Forty-five days.
Vice Mayor Alonso: I don't think it's fair.
Mr. Odio: I think that the...
135 April 2, 1992
4:
r,
Li
Vice Mayor Alonso: It's not fair. Why did we use half a million? - for
nothing.
Mr. Odio: I think if the criminals are in jail, uh, whatever they uh ... they
belong there. It is 3,000 less criminals are out running around...
Vice Mayor Alonso: Cesar ask any one of them. The experts in the Police
Department, any one of them, ask them. Is the crime coming back? - and the
answer is yes. If we cannot maintain the level of service to keep them away,
they will come back.
Mr. Odio: Don, you can say whatever you want.
Asst. Chief Don Marsh: My name is Don Marsh, I am Assistant Chief of the
Miami Police Department. With regards to the NET program and the phases, the
units that are out in the street now, the immediate impact teams, were put out
there to do a lot of things, but the primary thing we wanted to do there was
to afford our officers the opportunity to reach into the areas that have
chronically, month after month, year after year, been a problem for us. Where
they were so problematical that the personal safety of the people that lived
nearby was such that they were prisoners in their own homes. The long term
solution of these kinds of problems is something that is being addressed by
NET. NET is basically a development of a partnership between the
neighborhoods we serve and the police officers that directly provide that
service in that area. It's a restructuring. It's a greater identification on
the part of the police officers that work in the area with the people that
they deliver police service. We found that over the years we've gone to being
a cost or service responding type entity. Our officers just go from place to
place. A lot of them don't have the time to address these problems in the
street. These officers love this program because a lot of the frustrations
that they have, seeing criminals go through the revolving door justice, or
avoiding that, has at least been addressed fairly significantly. A lot of
these arrests are felonies. A lot of these arrests are such that are going to
keep these people in jail for awhile, as opposed as in the past where we
couldn't take the time with these teams. We couldn't respond fast enough with
these teams to catch these people. There are an awful lot of good felony
apprehensions that have been made by these officers. We intend to have impact
teams as part of NET. These impact teams are not going to go away as part of
NET.
Vice Mayor Alonso: Will they cost more than what we already have in the
budget?
Asst. Chief March: We have an operation NEON (Neighborhood Enhancement
Operation Network) that's not going to cost any more, that's going to continue
to come back ...
Vice Mayor Alonso: With all due respect, NEON has not resolved the problem of
crime in the City of Miami, and the people of the Northeast, if you ask them,
they say it has not improved the situation in their neighborhood.
Asst. Chief March: Well I think ...
136 April 2, 1992
Commissioner Plummer: No. Matter of fact they sent a letter that they're
worse off because you've taken policemen out of their neighborhood and moved
them somewhere else.
Vice Mayor Alonso: It is worse. I didn't want to say that, but that is what
they said.
Asst. Chief March: Well I can tell you this. That we have, this police
department has been as aggressive and as innovative as any other.
Vice Mayor Alonso: We know that.
Asst. Chief March: We have... we continue, and NET is the next effort, the
next best effort on our part to do something different to try to improve
conditions in the City of Miami. It's an energetic application of our gray
matter. It's an energetic realignment of our basic philosophy of policing in
some respect and not all respects, but in many important respects. I really
believe there is an awful lot of enthusiasm from the community.
Mayor Suarez: Energetic application of our gray matter. Wowl Wowl
Vice Mayor Alonso: Yes, I was going to say...
Commissioner Plummer: That's called dollar signs in overtime.
Asst. Chief March: Well no, I don't think so.
Commissioner Plummer: That's what it's called.
Asst. Chief March: I disagree with that.
Mayor Suarez: That terminology was interesting.
Commissioner Plummer: Come on, Don. Don, don't kid ourselves we've been
around to long together. Let me tell you something.
Mayor Suarez: The union likes it too, Chief, so it works out real well.
Commissioner Plummer: The minute that that overtime stops, the people of this
community are going to be upset. And your talking about, at the most, forty-
five days of the overtime, period amen.
Mayor Suarez: J. L.
Commissioner Plummer: Wait a minute. I am I wrong?
Asst. Chief March: No. There's going to be ...
Commissioner Plummer: Am I wrong?
Mr. Marsh: Sometimes. What is this about?
Commissioner Plummer: I am asking. I'll ask it again. Forty-five days of
the overtime...
137 April 2, 1992
Vice Mayor Alonso: He is doing so well, it is incredible!
Mayor Suarez: Stay at the mike, we need you there.
Commissioner Plummer: Excuse me. Excuse me. Forty-five days of overtime and
it's over. Am I wrong?
Asst. Chief March: No. Yes ...
Commissioner Plummer: Thank you.
Asst. Chief March: Yes, I disagree with it.
Vice Mayor Alonso: No, yes, which one?
Asst. Chief March: No, I disagree. No, there's no limitation of forty-five
days. There has not been.
Commissioner Plummer: Is there not a limitation of a million and a half
dollars?
Vice Mayor Alonso: Yes.
Asst. Chief March: Uh, I don't know.
Commissioner Plummer: Wait a minute, I want him on the record, because I am
going to pull him back up in about three months and remind him. On the record
please.
Assistant Chief Marsh: I'll tell you. I don't think there has been a goal...
Commissioner Plummer: Answer my question.
Asst. Chief March: No I don't think there...
Commissioner Plummer: My question is, is there more than a million and a half
dollars allocated? Yes or no. It's a simple answer.
Asst. Chief March: I don't think...
Commissioner Plummer: It is a simple answer. Yes or no.
Asst. Chief March: Yes, sir, but...
Commissioner Plummer: Thank you. That's all I want because I am going to be
around to remind you.
Asst. Chief March: No, I didn't answer your question. I was trying to be
polite.
Commissioner Plummer: I'm going to be polite. It is an easy answer.
138 April 2, 1992
Vice Mayor Alonso: He was doing so well. I was going to propose that he run
for President, but now he blew it he said yes.
Asst. Chief March: I do not think there has been a finite allocation. I
think there has been a goal limit. I think depending on how the funding goes
throughout the year, and what our fiscal experience is that the finite limit
given may be exceeded, and may never be reached. So if you ask me ... if your
asking me for a specific direction, have I been told this is going to be our
limit, no sir I have not.
Commissioner Plumper: Mister ... Chief Marsh, has from the day of the inception
NET police down spend as far as the overtime is concerned?
Asst. Chief March: I am sorry?
Commissioner Plummer: The amount of overtime in the Police Department for NET
from day one to today. Has it not gone down tremendously?
Asst. Chief March: I still didn't understand that question.
Commissioner Plummer: Well, let me see how I can rephrase it. From the
level that it started...
Vice Mayor Alonso: It went down.
Asst. Chief March: Yes.
Commissioner Plummer: ...has it gone down subsequently everyday?
Asst. Chief March: No. It started out at a level...
Commissioner Plummer: No.
Asst. Chief March: ...went to a peak and now it's coming back down. So the
curve went like this.
Commissioner Plummer: OK. But it's down. Where the people of this community
are looking to the level where it was. That's what they looking at.
Vice Mayor Alonso: And that is the problem.
Commissioner Plummer: No, it's no problem. I mean it is ...
Vice Mayor Alonso: It is a problem.
Asst. Chief March: OK. Now, Mr. Commissioner I can tell you this. Mr.
Commissioner there's a weekly evaluation that is done and you may find that in
two weeks, that we will spike back up to the level that we were at.
Commissioner Plummer: You don't have the money to do it.
Asst. Chief March: Well.
139 April 2, 1992
0
1.1
Commissioner Plummer: According to the Manager.
you don't have the money.
Asst. Chief March: Well...
According to the Manager,
Vice Mayor Alonso: Do we have a plan that will substitute this?
Asst. Chief March: Yes, can I ask...
Mr. Odio: I said it before and it's very difficult to do business sometime
here, I tell you that. It is very difficult because you won't listen.
Vice Mayor Alonso: Look at himl
Mr. Odio: I told you about two minutes ago that I would give you the plan
in writing in six or nine days, and if you want to advertise it to the
criminals to come right back out and have fun when we run out of money, just
go ahead and do it.
Commissioner Plummer: No sir, that's not the point. The point is we're
trying to make a determination, Mr. Manager, of where the monies are coming
f rom .
Mr. Odio: Well they're coming... we told you last week where they were coming
from. We're telling you now that...
Commissioner Plummer: No, we're speaking now just four million.
Mr. Odio: Let me put it on the table as simple as it is. Look, if I fail,
here I am, I am responsible. Not him.
Asst. Chief March: Mr. Plummer ...
Vice Mayor Alonso: It's not a question of you failing.
Mr. Odio: Waitl No the Chief. Look ...
Vice Mayor Alonso: It's a question of Miami.
Commissioner Plummer: Dollars.
Mr. Odio: That's right.
Vice Mayor Alonso: It's not Cesar Odio. It's the City. It's the service
to the citizens. So we're not talking about you.
Mr. Odio: Yes, we are.
Vice Mayor Alonso: We are talking about our City.
Mr. Odio: I get paid to do a professional job. Now we're telling you we have
a plan. We are better today than we were a month ago, and nobody can deny
that and nobody did anything about it until you insisted that we do something
and we have done it. Now the question is. Can we continue this? And we're
140 April 2, 1992
telling you we have a plan that we think we can, and if we cannot, I am here.
You can fire me.
Commissioner Dawkins: Let me ask a question Mr. Mayor. Mr. Manager, you said
that if we wanted to telegraph to the criminals that you did not have any
money, go ahead and do it. Is that what you said?
Mr. Odio: I said there are some things, Commissioner Dawkins, that are better
not discussed. I didn't say what you just said, no.
Commissioner Dawkins: OK. Now, but yet you have gone out and told the public
that you had money to do this with and public had looked for it...
Commissioner Plummer: Exactly.
Commissioner Dawkins: ...you didn't think then about not telling the public
that you didn't have the money. You told them you were going to do this and
that I didn't want to vote for it because I asked you for a plan, and now your
telling us it's alright to hoodwink the public into thinking that you have
enough money to do this, but it's not alright to let the criminals know that
you that they already know that you ain't got the money to continue with.
Mr. Odio: No, I don't think I speak your ...
Commissioner Plummer: Well, it's no different than I making the statement
that he took exception with, then the Chief of Police standing at that
microphone saying that he had to discontinue operation NEON because he didn't
have enough money. Now when the Chief says it, it's alright. It's not
advertising it to the criminals. But when I, as a Commissioner, say it, I am
advertising. Hogwash!
Mr. Odio: I am saying this very clearly. That I think all of you were there
when I made my presentation to the Grove people. At no time did we say that
we would continue the level of expenditures that have been set here. We told
them that we were not going to increase the delivery of services, but we were
going to have a better way of delivering services. I think I was very clear
on that as I have been every time I have made a presentation on NET including
to yourselves. We have never spoken here of maintain a kind of expenditures
that we don't even have the money to do.
Vice Mayor Alonso: Cesar, that is not true that we gave that impression to
the public. You were here at the last Commission and the public came one
after the other to the mike and believed that the crime situation was over in
Miami, because NET was the answer to the problem. Why in the world... we
didn't say at that point, hey, wait a minute. We are trying something new but
you have to be very cautious. We are not promising you that this is the
answer to all of our problems but, indeed, we said, I didn't, but it was said
so we said, uh, the...we don't need extra money. We have enough funds. It's
not going to cost any money. It's not going to cost any extra money, and
that's why I wanted to make a point at that Commission Meeting because I did
not want to give the impression to the public this is the level of service
that we're giving to you today, and then we go down to a .... then they come
back to us and say, "you people promised and you did not deliver."
141 April 2, 1992
Mr. Odio: No. I promised. In that case I promised.
Vice Mayor Alonso: We promised because when you do, we do.
Mr. Odio: Commissioner, Mr. Mayor, when we started this plan in
January... proposing the plan, I always said, and maybe I didn't say it clear
enough that we would have an impact. A shock treatment, as the Mayor calls
it, for a few.... and we never said for how long a time. At the second phase
would be to establish a permanent neighborhood enhancement team in which NROs
(Neighborhood Resource Officer) would be appointed. They have been appointed
now, and we would go to a concept of neighborhood teams of police officers
that is a realignment of the Police Department. The way we are doing business
now... That would be totally different than what you had before. We are
trying something new. We know now that the impact worked. We know that. And
we also know, I think, that when go into the second phase you will have in
writing, I promise you that, that it will work also. And that what goes with
the second phase is a maintenance of what we tried to do. The reason we took
over the street back is that we had to give these teams a chance to succeed.
If we see and the neighborhood resource officers duties will be to call in and
say I have a problem coming back here, I need help, and we will have teams
moving in.
Commissioner Dawkins: Are we going to approve this or turn it down or throw
it out?
Mayor Suarez: Let me just say one quick thing on the uh....
Commissioner De Yurre: Well before you get.. -if we're still on this issue...
Commissioner Dawkins: Yeah, yeah we are.
Commissioner De Yurre: ...because I don't say much but...
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: ...once in awhile I want to say a couple of things.
I, in the four and a half years I've been siting here, I have not seen better
spent money than the four hundred some odd thousand dollars that have been
spent in the last month. And if you project this out it means that it's a
five million dollar commitment in the Police Department I have yet to see
where five million dollars have made a greater impact than these five million
dollars would make. So one thing that I... at least for my own edification,
would be to see what would it take, where would we have to cut back to come up
with the monies to maintain this level of efficiency out there, and have this
presence out there that people....
Commissioner Plummer: There is no way they will do that.
Commissioner De Yurre: ...that have feared the corner of Douglas and Grand
for years, that don't even stop at the red light, they would rather take the
red light and run the risk of getting a ticket, than stopping. Now when they
see the police presence they don't mind waiting for the light to change.
142 April 2, 1992
Commissioner Plummer: It only took me two years of hassling, Commissioner, to
get a policeman there, and I couldn't get him there...
Mr. Odio: You know, J. L., to your credit, that's right.
Commissioner Plummer: It only took two years.
Commissioner De Yurre: Well I would like to get .... if you can get me a
report of where we would have to cut back, if at all, or how you would
rearrange to come up with the monies to keep this going, and that's I think
that's...
Mr. Odio: But, but you know...I don't know how to explain this in two minutes
or less.
Mayor Suarez: Let me just add one other word on that, Mr. Manager, please.
Mr. Odio: I'm sorry.
Mayor Suarez: Everybody else has been interrupting everybody else here. Let
me just put in a word here. In addition to what the Commissioner just said,
and I do believe that it can be one of the most effective things that we can
do, if done properly and at the proper level; and, of course, this Commission
I think has to be informed. That's what I indicated in my memorandum and I
will expect that maybe at the next Commission Meeting or some point we'll get
a report back from you on the monthly expenditures of this. But in addition
to the effect of this on the criminal element of this community, there's been
a magnificent effect on the morale of the Police Department. Don't anyone
underestimate that and I don't mean just because it's got money in their
pockets for overtime. In fact I don't like that component of it. I think
there's got to be some other way to do it. But the fact that they feel that
they have taken back entire neighborhoods and that they are in fact doing what
Assistant Chief Marsh was saying. That there is a preemptive effect here.
There is a proactive police deployment. I don't think it's the ultimate
solution by any means. It's not the principal component of NET, in fact, in a
sense it's not related to NET at all. Although it works well I suppose in
tandem with it, but the officers feel that they out there and that they're
collectively ...just the best way to express this is take back the
neighborhoods. I felt it I have heard it. I have heard many of them mention
it. I don't even know that some of the ones that have mentioned it are people
who have even financially benefited. In fact I know they are not, because
they not people in the units in question who have mentioned it to me, and the
general population, of course, has also felt the effect.
Commissioner Plummer: Did I go to the same meeting that you all went to in
Coconut Grove?
Mayor Suarez: So this is an additional factor in all of this. I don't know
how it relates to... the ultimate question that was placed here, I think, by
Commissioner Dawkins is, "how do we know that we'll have the budgetary ability
to pay for what we are contractually agreeing to pay as of now, and which
lasts not only to the end of this fiscal year, but next fiscal year?" That's
the main question and I think that's the one pending here. The rest of it is
a discussion on some other items, and I think that at some point you are going
143 April 2, 1992
f
to want to get an answer to the Commissioner De Yurre question which is not
- particularly related to the union, but it 1s related to the expenditure of
maintaining a certain level of police deployment. And, and we will need that,
Mr. Manager...
Mr. Odio: I will say this. We made a commitment to the four unions that they
would get their raises that they deferred from this year to next year, and the
money will be in the budget. That's as clearly as I can state that. The
budget we are preparing now for next year includes those monies in there. We
are now waiting for the June figures. We don't have a way of knowing today
the exact revenue for next year because we won't get the amount from Dade
County in June. Right, Mano? In June they will tell us the projected
revenues for next year will be "X."
Vice Mayor Alonso: But your hopes are not very high because you don't think
in Miami it's going to increase tremendously. It's going to be probably less,
or if not, equal to, so ...
Commissioner Plummer: Look at the Design District. A guy was standing there
the other day. He went down from an assessment of what, from three hundred
and fifty thousand to eighty six.
Mr. Odio: So we know... that's why I've been trying very hard and I think
Charlie will agree with me on this, not to replace any civilians, and we have
really tightened our belt there. We have today five hundred employees less
than we had last year. That translates into a lot of money.
Vice Mayor Alonso: Mr. Manager is it realistic to assume that you will be
able to find the funds...
Mr. Odio: Yes.
Vice Mayor Alonso: No, for this yes, because you knew.
Mr. Odio: Yes, we knew.
Vice Mayor Alonso: But what about NET and what Commissioner De Yurre said.
Are you going to be able to find the amount of money?
Mr. Odio: What I'd like to do for the Police Department and I'd like to bring
the plan and maybe the best way to do it in talking in this sensitive area of
how many dollars we have, and we'll do it individually with each one of you.
So that we don't advertise - that's what I am trying to say - to outside world
the ones that are interested in what we have and don't have. Now what I'd
like to do is bring it back to you, even if we only said ... look I think I
mentioned we might be better off in some cases paying overtime monies to our
existing police force than going out and hiring fifty or sixty or seventy.
Vice Mayor Alonso: That's fine provided we have the money to pay them for
overtime...
Mr. Odio: Provided we have the money to pay that, but put it into the budget.
{
Commissioner Plummer: If you had the PSAs it would free up the police.
144 April 2, 1992
Vice Mayor Alonso: OK. Now the other question is if you are saying don't
advertise to the world but in fact the real world shows us that we don't have
to advertise.
Mr. Odio: No, I know it.
Vice Mayor Alonso: The streets will show them what is the real world. So
let's not fool ourselves and try to be as realistic as we can in the real
world so that we provide the services to our City.
Mr. Odio: I think we have an exceptional... for the first time ever we're
talking about here we did something with the Police Department that really
worked. We really scared the criminals out of town and now it's our job to
maintain that, and we ... I don't think we started that program to fail and I
would not have taken the risk of starting a program that would fail. I want
to see what happens in Phase II. We know that Phase I was very successful.
Give us a chance to bring it to you and see if it will work.
Commissioner Plummer: Kidding each other. Absolutely kidding each other, Mr.
Manager. I am sorry, OK. You know I am wondering as I sit here right now,
did we all attend the same meeting in Coconut Grove the other night? Because
I heard an entirely different story from the people of ...the residents of
Coconut Grove, than what I am hearing here. The woman that got shot, her
neighbor got shot...
Mr. Odio: Do you know when that happened? By the way...
Commissioner Plummer: ...the one that got robbed.
Mr. Odio: J. L., J. L., excuse me for a minute. That happened three months
ago.
Commissioner Plummer: Mr. Manager, besides one exception where they jumped on
Sergio about zoning the whole meeting was about crime,...
Mr. Odio: Right.
Commissioner Plummer: ... the whole meeting. NET program at best is a final
recognition of the Police Department that we've got a problem, because they
have not known about it, OK.
Asst. Chief March: Mr. Commissioner, we've arrested 110,000 people in two
years.
Commissioner Plummer: So.
Asst. Chief March: We know about crime. What NET is about...
Commissioner Plummer: Don, you know it's nice of you to stand there and say
that, but you don't sit on this side of the chair with the people who call us
day in and day out who are damn unsatisfied or the people who get a gun stuck
in their face or their house robbed. You don't listen to those calls cause
they can't get you on a phone.
145 April 2, 1992
Asst. Chief March: That's not true Mr. Commissioner. You know that and you
know I am out there.
Commissioner Plummer: You, yes. I take it back for you.
Asst. Chief March: No, but I have two other Assistant Chiefs here who deal
with citizens all the time. We know very much about the problem. That is
what NET is about, sir.
Commissioner Plummer: Don, I am going to tell you again and I am going to
shut up. NET, in my estimation, is a small portion of a recognition finally
that the people in this town are damn upset about crime. I am scared to go
home tonight that my house might be broken into.
Asst. Chief March: A common theme.
Commissioner Plummer: I know that my cars have been broken into three times.
I know that my car has been stolen. I know they've taken three car telephones
out of my car. I know that they broke into my neighbors house.
Commissioner Dawkins: That's because you live in the City of Miami, man.
Commissioner Plummer: I am saying to you when is something going to be done
about it?
Commissioner Dawkins: Move out of the City of Miami and that won't happen to
you.
Asst. Chief March: That is a common theme in every city in this country right
now.
Commissioner Plummer: I will not accept that from you or anyone else. It is
commonplace. This is the way it is and this is the way it's going to be.
Asst. Chief March: The Police Foundation has their Annual Report of 1991 ...
indicates that this is a problem. What we're looking at is trying to do
something different in this community to do something about the actual crime
and the perception of crime. It's an effort on our part to look at ... and
the commitment has been from the very beginning in the planning process is to
do it with existing resources. That led to the comment of no additional
costs.
Commissioner Plummer: Don, you know that's what makes ball games, OK. You
have a concept and I have one, and you know I wish your concept was working
that the people of this town were calling me saying to me, "Commissioner we've
got a handle on crime." But we don't hear that. We don't hear that sir, OK.
We don't hear that at all. We heard from the people in the Grove and you
heard the same stories. You want a policeman on Friday, Saturday, or Sunday
night? Go to Seven Eleven. You heard that story. The people who work there
on the Grove...what's the big high-rise? They went to get a policeman. What
did the policeman tell them? It's not my story, Don. We're not working the
street.
146 April 2, 1992
Asst. Chief March: We're looking. I'll give you an example.
Commissioner Plummer: Hey. This is reality. Where are you? Why aren't you
listening to these stories?
Asst. Chief March: The extent to which I know ... we're listening to the
stories, Mr. Commissioner ...
Commissioner Plummer: Then why does it...
Asst. Chief March: ... very much.
Commissioner Plummer: Then why isn't something being done about it?
Asst. Chief March: NET is the latest thing that we're doing about it.
Commissioner Plummer: You know. I am sorry...
Asst. Chief March: The immediate impact teams were something that we did
something immediately. We got criminals off the street and we gave all
officers to get in there and not pull them away. Let them do the thing they
do best, they love to do.
Commissioner Plummer: You know the policemen love it, but what do they do
when you te11 them on 62nd Street to stand on the corner. Your are here for
the purpose of high visibility. When one block away the crack is going down
and being sold.
Mr. Odio: Well, I...
Commissioner Plummer: That's what they've been told. Don't go over there.
You are here for high visibility. Am I wrong?
Mr. Odio: Well let me...
Commissioner Plummer: Am I wrong?
Asst. Chief March: We have certain police officers...
Commissioner Plummer: Jesus, can't you give me a yes or know answer? I mean
is it that difficult?
Asst. Chief March: Well, I don't know the answer to that specific question.
Commissioner Plummer: Then answer. Say you don't know it.
Asst. Chief March: I do not know if we somebody ... Arnold, do we have
somebody on 62nd Street that's been given those instructions?
Commissioner Dawkins: I can.
Asst. Chief March: But I can tell you this...
147 April 2, 1992
Commissioner Dawkins: Oh, I thought you wanted to give an account of what
happened on 62nd street. I can tell you that.
Asst. Chief March: We have heard that from this Commission from time to time
that they need a police officer at a certain intersection for high visibility.
I mean we hear that all the time.
Commissioner Plummer: You heard what Commissioner De Yurre just told you.
For two years I've been screaming at this Manager about a policeman at Grand
and Douglas. You know what? You have had two ... You have had two robberies
in a week there were you had three a day.
Mr. Odio: See, we're making a difference then. Why are you saying the
opposite?
Commissioner Plummer: I can't keep them there. I can't keep them there. Did
you not tell Commander Gibbs that you wanted the Coconut Grove detail
Thursday, Friday and Saturday night, since we're paying for it, moved west?
It has yet to move. It has yet to move. Let him answer it. Tell me where
it's moved. It has not. Two policeman back by the basketball courts writing
tickets, but not a damn policeman on Grand Avenue were the robberies are going
down.
Mr. Odio: You just said they were ...
Commissioner Plummer: They're not there. I said on Grand Avenue, not Douglas
and Grand. I stood there the other night and watched two policemen writing
traffic tickets, but there was not a single policeman on Grand Avenue from
McDonald west. You gave a specific instructions to this man in my presence to
move that detail all the way to Douglas Road. Did he not?
Asst. Chief Arnold Gibbs: No, he did not.
Commissioner Plummer: Excuse me, Mr. Manager.
Asst. Chief Gibbs: He as me to move the detail...
Commissioner Plummer: Excuse me, Mr. Manager don't let him call me a liar.
No, no, no, no, no there's nobody around here calling me a liar.
Asst. Chief Gibbs: I am telling you your wrong. You might be mistaken...
Commissioner Plummer: Did he not give you a specific instruction?
Asst. Chief Gibbs: No, sir, he did not.
Commissioner Plummer: Mr. Manager.
Asst. Chief Gibbs: I'll tell you exactly what he said to me.
Commissioner Plummer: Mr. Manager.
Mr. Odio: Let me tell you what I said. I asked you to move the detail from
the Grove upwards toward Grand.
148 April 2, 1992
Asst. Chief Gibbs: Three blocks to meet with the NET people.
Mr. Odio: To meet up there, yeah.
Commissioner Plummer: Did you not tell him to move it West?
Mr. Odio: Yeah.
Asst. Chief Gibbs: West.
Mr. Odio: West.
Commissioner Plumper: From McDonalds.
Asst. Chief Gibbs: West is not to Grand Avenue I mean Douglas Road. It was
three blocks over, Commissioner, to cover McDonald, to cover Elizabeth, to
cover Hibiscus and the other street will be covered by NET. It was clear.
Commissioner Plummer: They are not one man out of the Grove detail been gone
west of McDonald.
Asst. Chief Gibbs: I see them every night, sir.
Commissioner Dawkins: Mr. Manager, is it true that you told a man to move
them only three blocks?
Commissioner Plummer: Mr. Gibbs, let me ask you a question.
Commissioner Dawkins: Three blocks?
Commissioner Plummer: Were you on the radio yesterday morning...
Mr. Odio: No, I told him ...
Commissioner Dawkins: Did you tell the man to move them three blocks or six
blocks?
Mayor Suarez: Wait, wait, wait one at a time please. It's bad enough...
Commissioner Dawkins: Did you tell the man to move them three blocks or six
blocks?
Commissioner Plummer: What was your question on the radio yesterday morning?
Mayor Suarez: Can everyone please...
Commissioner Plummer: Where were the policemen exactly? He was asking the
question himself he didn't know.
Commissioner Dawkins: What did you tell him? To move them three blocks, six
blocks or nine blocks.
149 April 2, 1992
Mayor Suarez: Commissioner, please. Your tone is a little bit beyond what it
should be. Folks, come on.
Mr. Odio: When we were having a conversation I said, I asked Arnold, is it
possible, since we have a detail in the Grove during the weekends, that
instead of having them in the Village Center...
Commissioner Plummer: Which we pay for.
Mr. Odio: to slide them up towards ...
Commissioner Dawkins: Now wait, don't slide them. Move them or run them but
don't slide them.
Mr. Odio: To move them up to ... toward the West.
Commissioner Dawkins: Move them where?
Mr. Odio: Towards the West.
Commissioner Dawkins: West? You told them West? Or did you tell them three
blocks West?
Mr. Odio: West.
Commissioner Dawkins: Alright now. Wait now. Which way does, does Grand...
Mr. Odio: East-West. Grand Avenue...
Commissioner Dawkins: It runs East and West.
Mr. Odio: Grand Avenue is West.
Commissioner Dawkins: Alright. Grand Avenue runs East and West.
Mr. Odio: Grand Avenue North and... yeah, East-West.
Commissioner Dawkins: Alright, it runs East and West.
Mr. Odio: Yeah, correct.
Commissioner Dawkins: Alright. What is the Westward boundary of Grand
Avenue? The very end of Grand Avenue.
Mr. Odio: Douglas.
Commissioner Dawkins: No, bullshit.
Commissioner Plummer: It is not.
Mr. Odio: Sorry, sorry no, it's Dixie.
Commissioner Plummer: No it is not. It's Brooker.
150 April 2, 1992
y�
Mr. Odio: It is ... OK, Brooker.
Commissioner Dawkins: Alright it's Brooker. So you wanted, you had, you
wanted him to move the whole detail all the way up to Brooker?
Commissioner Plummer: No, no that was not...
Commissioner Dawkins: Well you just said that. You talking...
Mr. Odio: I didn't say that.
Commissioner Dawkins: You said move it Westward. You said move it Westward.
Mr. Odio: I said to move....
Vice Mayor Alonso: We need a map.
Commissioner Dawkins: You said move it Westward.
Mr. Odio: I didn't say to move them... pick them up and move them over here.
I said to move them up towards...
Commissioner Dawkins: You said move them Westward.
Mr. Odio: Move them West, yeah.
Commissioner Dawkins: Alright, so Westward would be all the way to Brooker.
That's right.
Commissioner Plummer: They didn't have a policeman for Grand Avenue the other
night of the NET program, but they had four policemen running radar on N.W.
7th Street. You know, where's our priorities? Is it more priority to worry
about a road block or an armed robbery on Grand Avenue? I say it's the
robbery on Grand Avenue. Not the road block. Not the radar guns. That's not
to me what we're here about. We're here to prioritize.
Mayor Suarez: You know, we um...
Commissioner Plummer: And where is it?
Mayor Suarez: We usually feed them some really good stuff at lunch time so in
the afternoon they behave a little better. Mr. Manager, I don't know what you
fed them today.
Commissioner Plummer: Let me tell you. You know your answer to the people.
As far as I am...
Commissioner Dawkins: He did not feed us. J. L. and I bought our own lunch.
Vice Mayor Alonso: Very interesting.
Commissioner Plummer: Hey, that's right.
Mayor Suarez: Um ...
151 April 2, 1992
Asst. Chief March: Can I...
Commissioner Plummer: Your happy with it, vote on it.
Mayor Suarez: The fact of the matter is, lest we not give the correct
impression that almost everything that has been discussed here, and everything
that you have done in the last month and a half has been to the incredible
benefit of this community. Whether it's the most cost effective thing or not,
that's always a matter of discussion. Perhaps, Commissioners, in picking up
on an idea that was mentioned, I believe, by Commissioner Dawkins at the last
meeting. We should have a hearing, a full fledged hearing, a mid -budget year
hearing on this particular department and any other departments that any
Commissioners care to ask about. Then we get a full report. Let's see what's
left of the four point seven million dollars in police overtime that was
included in the budget. Let's see in general, because we have to be careful
not to telegraph our moves, but this Commission also ought to know how much is
left. How much is always going to be frozen for an emergency. God help us if
we ever have one or any kind of a massive redeployment that we may need for
the things that have been stated here. And maybe, maybe, some redirection of
how these things get done including to the detail that Commissioner Plummer is
engaging in now such as this street versus that street. Not all of us are as
familiar as he probably is with that stretch and um...
Commissioner Plummer: Mr. Mayor there's only one problem sir.
Mayor Suarez: Yes.
Commissioner Plummer: We sit here and set policy, OK, and that policy is
supposed to be carried out.
Mayor Suarez: Your going a little bit beyond policy with some of this now
your, your getting...
Commissioner Plummer: Mr. Mayor, Mr. Mayor I want to just make one point to
you.
Mayor Suarez: Yes. I am sorry. I didn't mean to interrupt you but I...
Commissioner Plummer: Do you recall approximately how long ago we passed an
Ordinance related to burglar alarms? It's been about two and a half to three
months ago.
Vice Mayor Alonso: Approximately.
Commissioner Plummer: Are you aware, Mr. Mayor, that the Police Department
doesn't like the Ordinance. They say it's not proper. They have not come
back to us. They've not implemented it. Am I right or am I wrong, sir? Has
the Ordinance implemented by this City Commission been implemented?
Asst. Chief Raul Martinez: Yes it's been implemented as far as responding to
all alarms whether they have a permit or not.
152 April 2, 1992
Commissioner Plummer: That is not the subject, sir. Have you implemented the
Ordinance passed by this Commission?
Asst. Chief Martinez: The gist of the Ordinance, yes. The complete Ordinance
there's mistakes on it...
Commissioner Plummer: God Almighty! Do I... do you need a translator?
Asst. Chief Martinez: No sir, but...
Commissioner Plummer: The question is...
Asst. Chief Martinez:... you do not let us answer. You do not let us answer.
So if you don't let me answer, don't ask me a question.
Commissioner Plummer: Alright. Go ahead.
Asst. Chief Martinez: The Ordinance that was changed by the Law Department
had a lot of mistakes on it. It contradicted the whole Ordinance.
Commissioner Plummer: Never come and tell us. Go ahead.
Asst. Chief Martinez: We have been trying to get a hold of you, Mr. Plummer,
many many times. Major Warshaw has to explain the mistakes and to make the
Ordinance work. We are responding to every alarm in the City whether they
have a permit or not. So what you...
Vice Mayor Alonso: I need clarification. You mean to tell me that the
Ordinance that we passed is what?
Commissioner Plummer: Not implemented.
Mayor Suarez: It's got some defects in it.
Vice Mayor Alonso: Not implemented and you say it's full of mistakes.
Mr. Jones: Let me address that ... I don't agree with the ....
Mayor Suarez: Its got some defects that have to be ironed out. It's like any
other complex new...
Vice Mayor Alonso: Why didn't they come back to us immediately?
Commissioner Plummer: Because they're going to do what they want to do.
Mayor Suarez: Because the gist of the Ordinance is being implemented and it's
effective.
Vice Mayor Alonso: Well, the record today speaks by itself. I think this is
the best transcript we are every going to have in the City of Miami. This is
incredible!
Mayor Suarez: City Attorney. Have they given to you some of their concerns
or...
153 April 2, 1992
Vice Mayor Alonso: Could you explain this to us?
Mr. A. Quinn Jones, III: There have been several meetings to address the
concerns. I think what the problem is, in an effort to expedite Commissioner
Plummer's concern, the Commission's concern, relative to the burglar alarm
fees ... the way it was written, in terms of actual implementation by the
department, it's my understanding that a lot of the implementation has to
do... or can not be implemented until computer changes have been made. Until
such time...
Mayor Suarez: OK. In the future. Obviously we don't have to wait tit you
get through to a particularly difficult Commissioner to get through to. You
can bring that to our attention right away and we'll place it as an emergency
item and then he'll, you know, be here. He'll be sitting here...
Commissioner Plummer: They're going to do what they want. OK. So I mean you
know we can sit here...
Mayor Suarez: It's a little bit embarrassing to say we just passed an
Ordinance that there are some components of it that we're not able to execute.
We're not able to implement.
Commissioner Plummer: But they never came back here.
Mr. Al Cotera: This has nothing to do with me.
Vice Mayor Alonso: Do you remember for the last three months...
Commissioner Plummer: They never came back here.
Vice Mayor Alonso: we've been saying this not only in reference to the Police
Department, but some other items as well.
Mayor Suarez: Oh. I got a few that I can think of. They have nothing to do
with the particular item before us, I think, which has been debated at length
including some tangents...
Commissioner Plummer: I have one other question in reference to the contract.
Mr. Manager...
Mayor Suarez: And I would ask Commissioner Plummer anything having to do with
burglar alarm Ordinances...
Commissioner Plummer: I have one of the...
Mayor Suarez: or any thing that is so unrelated to the particular...
Commissioner Plummer: I have a question ...
Mayor Suarez: ... matter here, please leave it to a little later today so we
can get through the agenda first.
154 April 2, 1992
Commissioner Plummer: ... a question for clarification in reference to the
contract. Would you make clear for me that which 1 don't understand in
reference to making whole on the health insurance. I know that that has been
a major problem, and what is the total cost, because I think it was the Police
Department, or was it the Fire Department, one that was in serious.
Mr. Odio: No. We had to take over fire.
Commissioner Plummer: OK. What...
Mr. Odio: Police has been excellent...
Commissioner Plummer: What is the full impact, financially, of the Police
Department? Could you show two different...
Mr. Odio: Let, let me explain...
Commissioner Plummer: Two different figures is what I am trying to figure
out.
Mr. Odio: Let me tell you why and it's because I wanted to protect the City,
and Al is aware of this. From every year that we've had negotiations he said,
"we need a half a million dollars for the insurance. We need seven hundred
thousand, we need a million..." What we decided is to establish a cap. The
cap is that would have to... they have to have a reserve of a, I am going by
memory here, of a million and a half. Right? A million and a half of reserve
to make sure that always all the bills are covered. So that we never get into
trouble. Now, what we're saying is every time you have a contract here,
instead of guessing how much money we have to give to the insurance, they have
to come in with the other, and if they have a million and a half of savings
there, we don't have to give them any dollars.
Commissioner Plummer: My question, Mr. Manager,...
Mr. Odio: If the savings go down, say to a million two, then we have to make
them whole three hundred thousand dollars.
Commissioner Plummer: You've not spoke to the main issue that I was trying to
come about.
Mr. Odio: I am sorry, I missed your question.
Commissioner Plummer: Who declares what are the benefits? Do we have a
control over that?
Mr. Odio: Yes, we do.
Commissioner Plummer: And I don't find that spelled out anywhere.
Mr. Odio: Sue, do you want to ...
Mr. Cotera: I think the language that states in the contract that any benefit
changes that would increase cost, you guys are not responsible for.
155 April 2, 1992
Mr. Odio: That's right. That's correct. But for the first time - I want you
to think of this. For the first time, every time the FOP contract comes
along, the Commission won't have to worry about that they need a half a
million dollars. No. How much savings do you have? A million five, zero.
You have a million one left, you have to give him four hundred thousand
dollars. If they have over that, we are always at zero. So this is very
important. I think it does... will give you in the future peace of mind.
Mr. Cotera: It give the City peace of mind in that it is capped.
Commissioner Plummer: OK. But in other words...
Mr. Cotera: Also it does not penalize us for running a good show.
Commissioner Plummer: Are you saying to me that there can be no change in
benefits without City Commission approval?
Mr. Odio: That is uh...
Mr. Cotera: It would be a change in the contract, of course.
Mr. Odio: In the contract. They would have to change the contract.
Commissioner Plummer: But the City Commission has to approve it?
Mr. Odio: Any changes in the contract...
Mr. Cotera: Any change in the contract.
Mr. Odio: ... you would have to approve.
Mr. Cotera: It would have to be ratified by my membership also.
Mr. Odio: Yes. Yes.
Commissioner Plummer: OK. Mr. Manager, while we are waiting for the Mayor.
We were supposed to have a meeting with the Police Department on deployment.
When has that meeting been scheduled for? The six month, I think, was last
month. We were supposed to have another meeting with the Police Department on
deployment of personnel.
Mayor Suarez: This is a good opportunity to do both budgeting and deployment
because the two are interrelated.
Commissioner Plummer: Well I think it was suppose to be six months which
would have put it last month if I am not mistaken.
Mr. Odio: The last deployment meeting here was in February. So I don't know
what, what ah...
Commissioner Plummer: On deployment?
Mr. Odio: Yeah.
156 April 2, 1992
Mayor Suarez: Was this on the Commission awareness or the entire Commission?
Mr. Odio: No the entire Commission. We had a meeting here in February.
Commissioner Plummer: Do you remember it in February?
Mr. Odio: Yes.
Commissioner Plummer: I don't remember it.
Vice Mayor Alonso: We called for a...
Commissioner Plummer: No.
Mr. Odio: After that Commission Dawkins asked for another one.
Mayor Suarez: I didn't think it was as recent as February.
Commissioner Plummer: No. It hasn't been as recent as February.
Mr. Odio: Well, let me get the agenda.
Commissioner Plummer: No. It was before the first of the year.
Mayor Suarez: Yeah. It was before the first of the year I am pretty sure,
Mr. Manager.
Commissioner Plummer: Yes sir, and it was supposed to be six months ... we
were supposed to have one scheduled...
Mr. Odio: I'll bring it and show you where...
Commissioner Plummer: ... which I think was supposed to be in March and I am
asking why, if not, when is it going to be.
Mayor Suarez: Why don't we schedule the two simultaneously.
Vice Mayor Alonso: It was an item in the agenda I believe in February and I
think this is the confusion. It's ... Commissioner Plummer is right...
Commissioner Plummer: Yeah.
Vice Mayor Alonso: We said, I believe in September, September 5th, if I
recall...
Mayor Suarez: That we would do it six months from that point, yeah.
.Vice Mayor Alonso: ... that we would do it in six months but then as I believe
it was Commissioner Dawkins' request, we had an item in the agenda about
deployment and we did, I believe in February and I don't recall what...
Commissioner Plummer: But that was not the...
Mayor Suarez: Not the overall review.
157 April 2, 1992
Commissioner Plummer: That's right.
Mayor Suarez: No, and we should have that...
Commissioner Plummer: Are you scheduling one, when Mr. Manager?
Mr. Odio: I was going to ... if you have the budget review in June, that you
would do it at the same time.
Commissioner Plummer: No. Let's...
Mayor Suarez: No, the budget review in June is not what we're thinking about.
Commissioner Plummer: Not at all.
Mayor Suarez: We're thinking about six months into the fiscal year which put
it at this month, basically, in April.
Mr. Odio: May. May, no?
Commissioner Plummer: Well, are we going to do it? The first meeting in May?
Mayor Suarez: The first meeting in May.
Mr. Odio: Fine.
Vice Mayor Alonso: Yeah. If we were going to do it in April ...
Mayor Suarez: If it's too much in the first meeting in May, we have to, we
may have to do it May 7th, as an additional session.
Commissioner Dawkins: That's right. Amen
Vice Mayor Alonso: It will have to be because in, in April it's impossible.
We have a long agenda.
Mayor Suarez: I would suggest that we maybe ought to take May 7th folks and
start in the morning, and not tell anybody how long we're going to go until
everybody is.satisfied. These questions...
Commissioner Plummer: May 7th?
Mayor Suarez: ... are extremely important. May 7th.
Vice Mayor Alonso: May 7th?
Commissioner Plummer: That's fine with me.
Mr. Odio: That's fine with me, Mr. Mayor.
Mayor Suarez: Let's do it.
Commissioner Plummer: Nine o'clock?
158 April 2, 1992
Mr. Odio: This is a, so I understand it, is a budget...
Mayor Suarez: Nine A.M.
Vice Mayor Alonso: This is a special...
Commissioner Plummer: No.
Vice Mayor Alonso: ... meeting.
Mayor Suarez: Mid -budget year hearing and at the same time and separately
scheduled maybe for the beginning of the afternoon, however the Commission
prefers it. We can start in the morning, police deployment and police issues
and review of all of this.
Mr. Odio: Fine.
Commissioner Dawkins: What are we going to do with item, Mr. Mayor?
Mayor Suarez: OK. Item 23. Sorry, is it 22 rather? I'll entertain a motion
on it. Now that the good guys and the bad guys have spoken, we've concluded
over here that all the bad guys are wearing moustaches now. The real bad guys
have beards too, and their is only one clean-cut guy around here. Warshaw
too, but...
Vice Mayor Alonso: Well, I move it.
Mayor Suarez: ... and that's Martin.
Commissioner Dawkins: I second. I don't like it, but I second.
Mayor Suarez: Moved and second. Any discussion? If not, please call the
roll. Please.
The following resolution and motion were introduced by Vice Mayor
Alonso, who moved their adoption:
RESOLUTION NO. 92-228
A RESOLUTION WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO A COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE
ORGANIZATION KNOWN AS THE FRATERNAL ORDER OF POLICE,
LODGE NO. 20, FOR THE PERIOD OF OCTOBER 1, 1991
THROUGH SEPTEMBER 30, 1993 UPON THE TERMS AND
CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT.
(Here follows bodies of resolution and motion, omitted
here and on file in the Office of the City Clerk.)
159 April 2, 1992
a
MOTION NO. 92-228.1
A MOTION DIRECTING THE CITY ADMINISTRATION TO SCHEDULE
A FULL FLEDGED MIDYEAR PUBLIC HEARING ON THE BUDGET ON
MAY 7, 1992 IN CONNECTION WITH POLICE DEPLOYMENT AND
OTHER POLICE -RELATED AND CITY BUDGETARY ISSUES.
[Note: This special meeting was later scheduled for
1:30 p.m.]
Upon being seconded by Commissioner Dawkins, the resolution and motion
were passed and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner JL. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Dawkins: Under discussion Mr. Mayor...
Mayor Suarez: Why is he smiling already?
_ Commissioner Dawkins: Under discussion. I have said numerous times and I
can't seem to get it over. Don't leave, Al. The North station is considered
a dumping ground. People they do not want, they send up there. People that
have been bad eggs, get sent up there. It's a punishment ground. I've said
it over and over, and I can't seem to get anybody to understand that. What do
I have to do, Mr. President, to get it understood that a police officer should
be put in an atmosphere to work that's conducive to having it produce? What
do I have to do to do that?
Mr. Cotera: Well, Mr. Commissioner, I think that you are doing it right now.
I have unsuccessfully filed grievances because of such transfers. Under our
contract, it is still management's rights as to where they are going to assign
personnel, and I think it's an issue that should be taken up with management.
Commissioner Dawkins: OK. Well, this Commission, I would like to inform you
that there are people who are at the North station as punishment. They are
being put on midnight shifts as punishment. The more I complain..
Mr. Cotera: I fall under both of those categories, by the way. I know what
you are talking about.
Commissioner Dawkins: And it does happen, and it's not funny. You know.
Mr. Cotera: I was one of them.
Commissioner Dawkins: How do ... I would like to know from this Commission
how do ... I mean management is fine, but common sense will tell any manager
if you put an individual in a situation where the individual does not want to
160 April 2, 1992
work. He is going to do one of two things. Fluff off or stand there and
watch crime happen and laugh at it, and that's why I have a hell of a time in
my community. Because you are putting people up there who don't want to work
up there. Now that's good to say he's hired to police in the City of Miami,
but he's also hired to be happy just like when you paid him the overtime. He
did a good job because he was happy. So...
Commissioner Plummer: What's on the second floor of the Police Department in
Liberty City?
Mr. Odio: I worked there the other day. They had a Haitian Task Force. What
else? You want to go over the whole second floor? They have the staff
office, they have a conference room for the community...
Commissioner Dawkins: This has nothing to do with putting people up there who
don't want to be up there. Now we're on the second floor.
Commissioner Plummer: Go ahead. I am just asking. I thought you were
finished. Excuse me, I thought you were finished.
Commissioner Dawkins: OK, well...
Mr. Odio: We have the Office of Professional Compliance in there. Ingraham
and his people...
Commissioner Plummer: Do you have anybody there from homicide?
Mr. Odio: Yes, we do.
Commissioner Plummer: Full time?
Mr. Odio: Yeah. We do. We have that Haitian Task Force.
Commissioner Plummer: Do you have anybody there from robbery full-time?
Asst. Chief March: I don't have detectives assigned to that building full
time.
Commissioner Plummer: Mr. Manager. Sir, not what this Commission told you,
but what the public of this City told you. They were to be two full time
service centers. Very clear. Doesn't need interpretation. I am asking you
why you are not keeping the faith with the public, not me.
Asst. Chief March: Mr. Commissioner...
Commissioner Plummer: No, no don't answer. I am asking the Manager. Mr.
Manager. You were told very clearly in a referendum. Full service centers.
Five million dollars each and now we're being told for whatever reason...
Mr. Odio: Nobody has told you. You haven't let me answer yet. If you allow
me to answer, you would know the ...
Commissioner Plummer: Alright sir, I am sorry, I took the answer from him.
I'll listen to your answer, sir.
161 April 2, 1992
Mr. Odio: That building right now, as it sits, is full. Now we are in the
process of moving NET on the left side as you come in. The civilians will be
downstairs. Then where we are trying to identify space now is to precisely,
and if I may be allowed to present you the plan April 6 or 7 or 8th when we
have it ready in writing how they will be fully -manned. That is precisely
what we are doing now.
Ctnimissioner Plummer: How long has it been open, Mr. Manager?
Mr. Odio: About two years.
Commissioner Plummer: And did we not, at the time that it was to be opened,
promise the public in a referendum that if they voted for it, it would be a
full service subpolice station?
Mr. Odio: Well let me tell you something. They have have done an excellent
Job.
Commissioner Plummer: I am asking a question. Did we not promise that to the
public?
Mr. Odio: I didn't promise them anything. I don't know what...
Commissioner Plummer: You didn't.
Mr. Odio: I wasn't here when you promised that. I don't know what you
promised.
Commissioner Plummer: Well may I strongly suggest to you, sir, that you go
pull the referendum which was voted on by the public. All right sir, and you
read it and you tell me if I was wrong. Because up until six months ago,
there wasn't a damn thing on the second floor.
Mr. Odio: The second floor is full. I tell you because I was looking for
space, and I couldn't find space.
Commissioner Plummer: Yeah. When I started raising hell about it.
Mayor Suarez: Yeah. As a matter of fact, I was going to head in that
direction. If there is any available space and your not concerned with this
business of the referendum, and the full service station, which I am not
really particularly concerned about. That's a good place to do a lot of
things. Including computers and who knows.
Commissioner Dawkins: Mr. Mayor I would like to ask a question.
Mayor Suarez: I mean I hate to disagree with you, but I, you know...
Commissioner Plummer: Listen. You want to disagree with the public? You go
right ahead. I am not. OK.
Mayor Suarez: I know that from time to time they have passed general
obligation bonds for certain purposes from which because of certain...
162 April 2, 1992
'4
E]
Commissioner Plummer: Madam Clerk, would you please get me...
Mayor Suarez: ... changes,...
Commissioner Plummer: ... a copy of the referendum...
Mayor Suarez: ... in time, we have to deviate and it's not the end of the
world. I mean we did that with the fire building downtown which is really
used more for other purposes than for the Fire Department.
Vice Mayor Alonso: Gentlemen, if I may, please.
Mayor Suarez: Yes. Vice Mayor then Commissioner Dawkins.
Vice Mayor Alonso: We have a very peculiar way to do things here in the City.
I'd like to hear... do you have any intention of responding to Commissioner
Dawkins questions a little while ago about why people are sent to his area...
Mayor Suarez: Yes. We went from one subject to the next.
Vice Mayor Alonso: I mean our area, rather say, but, uh, I'd like some sort
of response because this is a peculiar way someone goes on and states
something, expects an answer and nothing coming.
Mr. Odio: Before you do I would like to answer but...
Commissioner Plummer: I am still waiting for the burglar alarm to be
implemented. Don't worry about it. I mean what the hell difference does it
make.
Mr. Odio: I am against that type of punishment. I think that people should
be satisfied in their job location and there are other ways of dealing out
punishment. I have been assured that that does not happen.
Commissioner Dawkins: Wait a minute. Hold it now. You being assured that
that is not happening.
Mr. Odio: I have asked the Chief and he told me that is wasn't happening that
way.
Commissioner Dawkins: Alright, Mr. Manager. Let me cut you off one minute
sir. Let me ask you, with your permission.
Commissioner Plummer: And Mary Poppins is a junkie.
Commissioner Dawkins: Can I ask that I go find ten people that this has
happened to and that you allow me to bring them before this Commission, put
them under oath so nobody can retaliate against them, and ask them that
question. Will you give me that permission, sir?
Mr. Odio: I think... yeah.
163 April 2, 1992
Commissioner Dawkins: OK. All right now back through you again Mr. Manager,
back through you again, Mr. Manager. No back through you, sir. To the
representative of the Union. Do I have your permission to ask him to find me
fifteen people that this has happen to, to bring them here so I put them under
oath and ask them that question.
Mr. Odio: I wouldn't go as far as putting them under oath. I don't think
that's fair to them.
Commissioner Dawkins: What if they want to be under oath?
Commissioner Plummer: Why isn't it?
Mr. Odio: Why put someone... you know... OK, fine. Do whatever you want.
Commissioner Plumper: So that they tell the truth.
Commissioner Dawkins: The only way would not be retaliated against him is
he's under oath and he has to tell the truth. IVI don't put him under oath
and he tell the truth you all are going to punish him again.
Commissioner Plummer: I don't want to hear him if he's not under oath.
Commissioner Dawkins: I mean if you don't put him under oath and he tells the
truth you all are going to penalize, but if he's under oath and he don't tell
the truth then he goes to jail for perjury.
Mr. Odio: I do want to say this for the record ...
Mayor Suarez: You are not going to get as many if you require...
Mr. Odio: I want to say this for the record...
Mayor Suarez: ... under oath and it's not a requirement, Mr. Manager, it not
a requirement of the City Code. So that part...
Commissioner Plummer: Hey. By virtue of filing a grievance that's it right
there.
Commissioner Dawkins: If I don't get but three under oath, that's more than I
got now.
Mr. Odio: I have no problem in bringing anybody ...
Mayor Suarez: If any voluntarily wants to state under oath we can handle it
that. By the way...
Commissioner Dawkins: That's OK, Mr. Mayor. Mr. Manager?
Mr. Odio: I have no problem with that.
Mayor Suarez: The issue, of course, is not susceptible a lot of times for an
oath, anyhow, because it's not a factual issue. What you are going to get is
a lot of people alleging, of course, that that's why they were placed there
164 April 2, 1992
l
and if they do that every time they get switched from one place to ... I am
being punished. You know. But anyhow...
Mr. Cotera: Exactly. That is exactly what happens.
Commissioner Plummer: Mr. Mayor, just by virtue of them filing a grievance 1
think that answers that.
Mr. Odio: But Al, you and I have been meeting and we have a hell of a good
relationship.... Tell me the truth. Have you ever told me that somebody has
been transferred to the North Station because of punishment.
Mr. Cotera: Have I told you that. No. No I haven't.
Mr. Odio: I wish you had, because we meet and I was hoping that we would take
care of those grievances before they became one. But this is, have you ever
told me ...
Mr. Cotera: The last one that I filed went all the way to labor relations.
It was handled at that level and eventually the person retired.
Mr. Odio: I wish I had...
Mr. Cotera: And that is how it was resolved.
Mayor Suarez: See, that's what the Federal Government does. They transfer
people to Cleveland and then by the time the guy is through with the grievance
then they retire him. May the Mayor of Cleveland not hear me say that, and
that's a good way to get rid of them. All right.
Commissioner Plummer: When are we going to get the burglar alarm Ordinance?
Is that within the next couple of years?
Asst. Chief Martinez: Mr. Plummer we will have it front of the next
Commission. It's just minor technical changes in the wording...
Commissioner Dawkins: Where's Kelly?
Asst. Chief Martinez: ... contradicting itself in one paragraph from the
other. It says seventy one it's an eight in the other. What was passed was
not workable. That was the reason. As far as being implemented, we are
responding to every alarm, which was the big concern by this Commission.
Commissioner Plummer: That's still a concern, sir.
Asst. Chief Martinez: You know, and we're doing that. So it means the gist
of your concern that somebody has a new alarm and they are burglarized the
first night and they didn't know about the alarm ordinance that they got broke
in to like that lady. It's not going to happen. It's not happening.
Commissioner Plummer: So it will be at the next meeting?
Asst. Chief Martinez: Yes, sir.
165 April 2, 1992
Commissioner Dawkins: Now, Mr. Mayor, may I have...
Mayor Suarez: Commissioner yields to the Vice Mayor. One of those days.
Vice Mayor Alonso: It's embarrassing to see that we passed something that
contradicted itself and no one really look into that and advise this
Commission. It's very embarrassing really.
Mayor Suarez: Commissioner Dawkins. Then we'll go on to the next item.
Commissioner Dawkins: I would like to hear... Bob, will you come to the mike
please. I've in the hall ... in the yard. I've seen trucks with slick tires.
I've seen equipment with all kinds of deficiencies. Give me a status report
of the status of the equipment that we're working with.
Mr. Robert Menditto: As of seven thirty this morning every truck, every crane
went out without the proper equipment. Including fire extinguishers, flairs,
and or triangles that are mandated by the Federal Government.
Commissioner Dawkins: OK. Mr. Manager, will you have Mr. Williams meet with
him and check the trucks for tires and for the equipment and me, you and him
get together Monday?
Mr. Ron Williams: Yes, sir.
Commissioner Dawkins: All right. Thank you.
36. BRIEF DISCUSSION CONCERNING REQUEST FOR CLOSURE OF DESIGNATED STREETS
FOR A KIDS PARTY.
------------------------------------------------------------------------------
Commissioner
Dawkins:
I
got one more ...
This
young lady here. She has a
pocket item.
Come up
and
state your pocket
item,
Miss.
Ms. Dorothea Tate: Good afternoon, I would like to...
Commissioner Dawkins: No your name and address ma'am.
Ms. Tate: Dorothea Tate, 4620 N.W. 11th Avenue. I would like to block off
46th Street and 11th Avenue for a kids party.
Mayor Suarez: What organization is sponsoring this ma'am?
Ms. Tate: I am sponsoring this. It is not an organization.
Mayor Suarez: When are you proposing to do this?
Ms. Tate: Saturday, April 4th.
Mayor Suarez: This Saturday? You want to block off the street and you
decided to come... why not come to the Commission and see if we can block off
the street. Got nothing else to do this week.
166 April 2, 1992
Commissioner Plummer: Do you know the cost involved in blocking off a street?
Ms. Tate: No, I don't.
Lt. Joseph Longueira: What's it for?
Mayor Suarez: Why don't you meet for a little while with them and see if
something can be arranged and if the Manager will recommend it and if not...
Commissioner Dawkins: It's the 11th Street...
Commissioner Plummer: 11th Avenue...
- Commissioner Dawkins: ... 11th Avenue from 45th maybe to 46th Street.
Mr. Odio: For what...
- Commissioner Dawkins: Every year she has a kiddies party. Usually during the
time when the kids are our of school for the Spring break.
Mayor Suarez: It's not a high traffic area I don't think.
Commissioner Dawkins: You can look at her and see how... She just took it
upon herself...
Mayor Suarez: To do a party for the whole neighborhood.
Commissioner Dawkins: ... to do this for the kids in the neighborhood to give
them something to do.
Vice Mayor Alonso: Can we do this in a park?
Commissioner Plummer: Did you consider Hadley Park?
Ms. Tate: No.
Commissioner Dawkins: She wanted it in front of her house. I don't know.
Don't ask me why.
Mr. Odio: Do you want it in the park?
Commissioner Dawkins: Not only that. You know we got a vacant spot park
right there on the corner. She wants it in front of her house. I don't know
why.
Mr. Odio: You want to do it in the park? It's cheaper.
Mayor Suarez: Why don't you meet with the Manager and we'll get a ....
Ms. Tate: We still need electricity.
Mayor Suarez: Ma'am. We have other items. Why don't you meet with this nice
lieutenant.
167 April 2, 1992
Mr. Odio: Before we move to another item, can I buy Plummer a pack of
cigarettes?
Commissioner Dawkins: I'll pay for the barricades out of my budget.
Mayor Suarez: There you go.
Commissioner Plummer: What about the police?
Mayor Suarez: No. No. I don't think we need police on this. It doesn't
sound like it. Why don't you meet with the Lieutenant though to be sure of
that. The hours of the day and the implications for the department, and if we
can do it...
Lt. Longueira: Mr. Mayor, if we're going to give a party and we're going to
be drawing kids to a street we cut off we have to provide police protection
for the detoured traffic. That's your recommendation from the Police
Department. You, as the Commission, you have the right to do whatever you
want...
Mayor Suarez: No matter how minimal this thing is?
Lt. Longueira: ... but that's our recommendation.
Mayor Suarez: I mean there are occasional closures of corners that don't
involve substantial numbers of police, just like one person there, you know.
We do that when somebody is fixing a street, I mean it's... I don't know how
small this is. That's why I am leaving it for her...
Vice Mayor Alonso: Do you have an idea of the number of kids?
Mayor Suarez: You need a minimum of two?
Ms. Tate: Like thirty kids. About thirty.
Lt. Longueira: A minimum of two.
Vice Mayor Alonso: That's a very small group.
Mayor Suarez: A minimum of two. What time of the day?
Ms. Tate: Three thirty.
Mayor Suarez: Three thirty to what?
Ms. Tate: To about six. It's not long.
168 April 2, 1992
Mayor Suarez: See, it's not even at night or anything. Talk it over with
them and see if they make a recommendation. Conceivably we'll have to use all
of Commissioner Dawkins's budget to pay for this. We wouldn't want to have to
do that, we like him to be able to pay his staff for the rest of the year.
Commissioner Dawkins: OK. Go over and talk with them, darling. Where's Mr.
Kelly? He wanted something? He left.
37. AUTHORIZE METROPOLITAN DADE COUNTY ON BEHALF OF THE CITY TO ADVERTISE
FOR, EVALUATE AND ACCEPT BIDS FOR VENDOR(S) TO PROVIDE U.S. DEPARTMENT
OF AGRICULTURE (USDA) APPROVED MEALS TO ELIGIBLE CHILDREN FOR THE CITY'S
SUMMER FOOD SERVICE PROGRAM - 1992 -- AUTHORIZE METRO-DADE TO ENTER INTO
NECESSARY CONTRACT(S) -- AUTHORIZATION SUBJECT TO CITY'S ACCEPTANCE OF A
GRANT ($294,654) FROM USDA THROUGH FLORIDA DEPARTMENT OF EDUCATION.
------------------------------------------------------------------------------
Mayor Suarez: All right. Item 23, folks. Dade County, evaluate and accept
the bids for USDA (U.S. Department of Agriculture) approved meals, eligible
children for the City's summer...
Commissioner Dawkins: Move it.
Mayor Suarez: ... food service program - 1992. Move it.
Vice Mayor Alonso: Just one question. Yeah, and I will second.
Mayor Suarez: And second by the Vice Mayor.
Vice Mayor Alonso: Why do we have to do this through Dade County?
Mr. Kevin Smith: We get a better rate.
Vice Mayor Alonso: Reduced.
Mr. Smith: It's a cheaper price per lunch.
Vice Mayor Alonso: OK. Fine.
Mayor Suarez: OK. On a large economy of scale. Moved and seconded. Any
discussion? If not, please call the roll on 23.
169 April 2, 1992
AWN
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-229
A RESOLUTION AUTHORIZING METROPOLITAN DADE COUNTY ON
BEHALF OF THE CITY OF MIAMI TO ADVERTISE FOR,
EVALUATE, AND ACCEPT THE BIDS) OF A VENDOR OR VENDORS
TO PROVIDED UNITED STATES DEPARTMENT OF AGRICULTURE
(USDA) APPROVED MEALS TO ELIGIBLE CHILDREN FOR THE
CITY'S SUMMER FOOD SERVICE PROGRAM - 1992; FURTHER
AUTHORIZING METROPOLITAN DADE COUNTY TO ENTER INTO THE
NECESSARY CONTRACT(S) WITH THE SUCCESSFUL BIDDERS)
FOR THIS PURPOSE AND AUTHORIZING THE CITY MANAGER TO
DIRECT THE CHIEF PROCUREMENT OFFICER TO ISSUE THE
NECESSARY PURCHASE ORDER(S), SAID AUTHORIZATIONS BEING
SUBJECT TO AND CONDITIONED UPON THE CITY OF MIAMI'S
ACCEPTANCE OF A GRANT IN THE ESTIMATED AMOUNT OF
$294,654 FROM USDA THROUGH THE FLORIDA DEPARTMENT OF
EDUCATION AND UPON APPROPRIATION OF SAID FUNDS FOR THE
1992 CITY'S SUMMER FOOD SERVICE 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
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
38. WAIVE COMPETITIVE SELECTION PROCEDURES FOR ACQUISITION OF PROFESSIONAL
DESIGN SERVICES (ARCHITECTURE, ENGINEERING AND/OR LANDSCAPE
ARCHITECTURE) -- FOR LUMMUS PARK REDEVELOPMENT PROJECT (CIP 331042) --
RATIFY MANAGER'S FINDING OF EMERGENCY -- AUTHORIZE MANAGER TO EXECUTE
NECESSARY AGREEMENT(S) -- ALLOCATE $55,000.
Mayor Suarez: Item 24. Lummus Park.
Mr. Cesar Odio: This is the fencing that we had to put on an emergency basis.
Mayor Suarez: I'll entertain a motion on it.
Mr. Odio: Remember I asked you...
170 April 2, 1992
Vice Mayor Alonso: Move it.
Mayor Suarez: What is the status on it? We have State funding to try to fix
that up, right?
Mr. Odio: The fencing is great. If you haven't seen it...
Mayor Suarez: No, no, no. I don't mean the fencing. I mean to fix up the -
park.
Mr. Odio: Yes, sir. We're...
Vice Mayor Alonso: This is more than the fencing. This is waiving the
competitive selection. Right?
Ms. Diane Johnson: That's correct.
Vice Mayor Alonso: OK.
Commissioner Dawkins: What they said, Mr. Mayor, to me - I don't know if they
said it to you - is that the Public Works Department is overcrowded. They do
not have the time to do this and it's a rush and they have to go outside and
get somebody to do it.
I
Vice Mayor Alonso: Yeah.
Mayor Suarez: And as far as the permanent improvement of the park, what kind
_ of timetable are we looking at?
Mr. Odio: Diane.
Ms. Johnson: This will facilitate that, so that...
Mayor Suarez: Not this item. The permanent improvement of the park. Don't
we have some State funds that we obtained for that?
Ms. Johnson: Yes, we do. Yes, we have State funds...
Mayor Suarez: When is the big check going to be received? When are the
improvements going to be done, Diane?
Ms. Johnson: The State grants funds must be expended by January of 1994.
Mayor Suarez: That's great. That's their requirement. What is our timetable
for doing the work? Before that time?
Ms. Johnson: With this item, we hope to complete by that time, if not before.
Mayor Suarez: Thank you. So some time before the end of the year.
Mr. Odio: All right. Wait. I was surprised.
Mayor Suarez: Around Christmas time.
171 April 2, 1992
i
R
Mr. Odio: I saw it Saturday. It's very...
Mayor Suarez: There you go. And what's the total amount?
Ms. Johnson: The total amount of funding currently available is four hundred
and thirty-six thousand dollars, including the State grant, which is ninety-
six thousand.
Mayor Suarez: All right. And that's what we expect to spend, or are we
looking for additional funds, or what?
Ms. Johnson: That is what we will spend. We will always be looking for
additional funds.
Mayor Suarez: Yes. Yes. We are always looking for additional funds. You're
real cute. All right.
Vice Mayor Alonso: But CC has appropriated six hundred and seventy-seven
thousand, right?
Ms. Johnson: That is the total appropriation, yes. But approximately two
hundred thousand has been expended. One on the fence, some of it on a plaza
that has already been completed.
Mayor Suarez: Has this park been considered for the kind of approach that I
know Commissioner De Yurre likes, which is the possibility of some small
restaurant or attraction or something to bring a little bit of activity to it
and a little bit of...
Ms. Johnson: We are exploring a number of...
Mayor Suarez: ... revenue for us to maintain the park?
Ms. Johnson: We are exploring a number of different options. We have had
discussions with the Mikasukis possibly coming in, which is merely a
discussion at this point in time. Have a long way to go. But we do
understand that it is very important that the activities must be there in the
park in order for it to be maintained properly.
Mayor Suarez: You take an under -used, open facility, you put a low density
attraction that brings in some revenues and some people and you may add to
both.
Ms. Johnson: Correct.
Mayor Suarez: Both the public access and public use, the maintenance and, you
know, someone to make a little money and provide some kind of a service,
whatever it may be.
Ms. Johnson: We're very willing to look into - to explore those options.
Commissioner Plummer: Are you speaking about the Indians?
172 April 2, 1992
Mayor Suarez: No, just the general...
Commissioner Plummer: Oh.
Mayor Suarez: ... concept of a park, but they are considering Lummus. I
guess things didn't go...
Vice Mayor Alonso: Yes.
Mayor Suarez: ... too well in Sewell. Yeah.
Commissioner Plummer: Sewell they got thrown out of. Well, I've got to be
honest with you on the record. I got a little upset with those people that
came to see me that represented the Mikasukis. First of all, they weren't
Indians. And second of all, when the man sits there and says to me, "you know
you will deal with me as a governmental agency, not as a part of the public,
but I am a government and you shall..."
Mayor Suarez: Well, that has to do with Federal law, whether you particularly
like it or not.
Commissioner Plummer: Well, you know, I wanted to say to him, you mean if I
deal with you.
Mayor Suarez: That's what I figured you would say. All right. We have a
motion and a second on that item, I believe. Don't we, Madam City Clerk? I
think we did. No? What do we have?
Ms. Hirai: Vice Mayor Alonso moves, and a second, Mr. Mayor?
Mayor Suarez: Plummer clearly... Commissioner De Yurre seconds. Call the
roll.
173 April 2, 1992
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-230
A RESOLUTION, BY AN AFFIRMATIVE VOTE OF 4/5THS VOTE OF
THE MEMBERS OF THE CITY COMMISSION, WAIVING
COMPETITIVE SELECTION PROCEDURES FOR THE ACQUISITION
OF PROFESSIONAL DESIGN SERVICES IN THE FIELDS OF
ARCHITECTURE, ENGINEERING AND/OR LANDSCAPE
ARCHITECTURE, AS MAY BE REQUIRED, FOR THE "LUMMUS PARK
REDEVELOPMENT PROJECT", CAPITAL IMPROVEMENT PROJECT
NO. 331042; RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S FINDING THAT A VALID PUBLIC EMERGENCY
EXISTS JUSTIFYING SUCH WAIVER FOR SAID PROJECT;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
THE NECESSARY AGREEMENT(S), IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH THE MOST QUALIFIED FIRMS) FOR
PROFESSIONAL DESIGN SERVICES AS REQUIRED FOR SAID
PROJECT; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO
EXCEED $55,000 FROM THE CAPITAL IMPROVEMENT PROJECT
NO. 331042.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: That nice lady from the Lummus Park area, we're very pleased...
What's her name? Margaret?
174 April 2, 1992
------------------------------------------------- ----------- -------- ----------- -
39. ACCEPT BIDS: (a) TECHNICAL COMPUTER APPLICATION ($60,274), AND (b)
HEWLETT PACKARD ($10,266) -- FOR FURNISHING ENGINEERING COMPUTER
HARDWARE AND SUPPORT MAINTENANCE TO BE USED FOR MODERNIZATION OF CITY'S
CADD SYSTEM (for Department of Public Works -- CIP 311019).
------------------------------------------------------------------------------
Mayor Suarez: Item 25. Your other three quarters. Your better three
quarters. Item 25. Resolution. I'll entertain a motion on item 25.
Vice Mayor Alonso: I'll do it if...
Commissioner Plummer: Why isn't this software being developed by our own
computer department? Our three and a half million dollars.
Mr. Jim Kay: No, this is the purchase of the new hardware.
Commissioner Plummer: Hardware or software?
Mr. Kay: Hardware.
Vice Mayor Alonso: Hardware.
Mr. Kay: This is the purchase of hardware for the CADD system. Computer
aided drafting and design system.
Commissioner Plummer: And Hewlett Packard is not... Is it compatible with
Unisys? Or is this part of the hardware that will run on Unisys?
Mr. Kay: This is really a stand-alone system that integrates with the Public
Works system and with the GIS system. But it's not...
Commissioner Plummer: Is this compatible with Unisys?
Mr. Kay: No. No.
Mr. Bob Parcher: Not for the specific application that Public Works wants to
use it for.
Vice Mayor Alonso: What?
Mr. Odio: They will never need to... This is a stand-alone. It does specific
design work and that's it.
Mr. Kay: Right. Absolutely. Yes.
Mr. Odio: It's only for design work.
Mr. Kay: This will generate the revenues from the Department and,...
Mr. Odio: It really will.
175 April 2, 1992
Mr. Kay: ... you know, we've lost people to the retirement incentive. We're
trying to make up and increase our productivity.
Mr. Odio: How many less people do you have in Public Works today than you had
a year ago?
Unidentified Speaker: (OFF MIKE) Thirty-seven.
Mr. Kay: We lost thirty-seven people.
Mr. Odio: How many less people do you have today than you had five years ago.
Mr. Kay: It's about a hundred.
Vice Mayor Alonso: You mean that has to do with this?
Mr. Kay: We keep going down instead of up.
Mr. Odio: Yes. Because this, Commissioner... No, you laugh. But this is
going to do the work of some people.
Commissioner Plummer: I think it's a great ratio, for sixty people, we get
sixty thousand. Can you drop off another thirty-seven people if I give you
another computer?
Mr. Odio: No. I ordered a pack of cigarettes for you.
Vice Mayor Alonso: Please, this is too much for my taste. Don't do this to
me.
Mayor Suarez: All right.
Vice Mayor Alonso: See. I was delighted to move because it was a female
contractor. But don't give me this because you will lose me.
Mayor Suarez: On item 25, we have a motion and a second. Please call the
roll before we get an answer on what he smokes.
Commissioner Plummer: Who moved and who seconded? I guess somebody did.
Vice Mayor Alonso: Yeah.
Ms. Hirai: Did Commissioner Plummer second, Mr. Mayor?
Vice Mayor Alonso: Yes, he did.
Ms. Hirai: Yes. Thank you.
176 April 2, 1992
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-231
A RESOLUTION ACCEPTING THE BIDS OF TECHNICAL COMPUTER
APPLICATION IN THE AMOUNT OF $60,274.00 AND HEWLETT
PACKARD IN THE AMOUNT OF $10,266.00 FOR A TOTAL
PROPOSED AMOUNT OF $70,540.00 FOR THE FURNISHING OF
ENGINEERING COMPUTER HARDWARE AND SUPPORT MAINTENANCE
TO BE USED FOR THE MODERNIZATION OF THE CITY'S CADD
SYSTEM FOR THE DEPARTMENT OF PUBLIC WORKS; ALLOCATING
FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT
NO. 311019, ACCOUNT CODE NO. 319201-840; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
ACQUISITION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
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
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
40. AUTHORIZE MANAGER TO EXECUTE AMENDMENT #1 TO AGREEMENTS WITH: (a)
MANUEL G. VERA AND ASSOCIATES, INC., (b) WEIDENER SURVEYING AND MAPPING,
(c) FERNANDO Z. GATELL P.L.S., INC., (d) LANNES AND GARCIA, INC., AND
(e) BISCAYNE ENGINEERING COMPANY -- EXTEND CONTRACTS FOR ONE YEAR FOR
SURVEYING SERVICES (January 2, 1993 - January 1, 1994).
------------------------------------------------------------------------------
Mayor Suarez: Item 26.
Vice Mayor Alonso: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: What is this for?
Commissioner Dawkins: Second.
Mayor Suarez: Seconded.
177 April 2, 1992
Commissioner Plummer: What project is this?
Mr. Wally Lee: All the design in the Department, Commissioner.
Commissioner Plummer: The design?
Mr. Lee: You're talking item 26?
Commissioner Plummer: 26.
Mr. Lee: Oh, this is for all the surveying.
Commissioner Plummer: Surveys Citywide. Is that it?
Mr. Lee: Yes, sir. Yes, sir.
Commissioner Plummer: OK.
Vice Mayor Alonso: Yes, they say it's an extension of the program. They have
money left. So they are going to use it to extend the contract.
Commissioner Plummer: OK.
Vice Mayor Alonso: Is that right? That's what you told me.
Mr. Lee: Yes, ma'am. That's right.
Vice Mayor Alonso: Good.
Mayor Suarez: Thank you. Call the roll on the item, please.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-232
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENTS #1 TO AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF
MIAMI AND MANUEL G. VERA & ASSOC., INC., WEIDENER
SURVEYING & MAPPING, FERNANDO Z. GATELL P.L.S., INC.,
LANNES & GARCIA, INC., AND BISCAYNE ENGINEERING
COMPANY, EXTENDING THE CONTRACTS FOR ONE (1)
ADDITIONAL YEAR FROM JANUARY 2, 1993 TO JANUARY 1,
1994 FOR SURVEYING SERVICES IN CONJUNCTION WITH CITY
CONTRACTED CONSTRUCTION PROJECTS, WITH FUNDS THEREFOR
BEING ALLOCATED FROM THE PROJECT EXPENSE FOR EACH
INDIVIDUAL PROJECT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
178 April 2, 1992
e
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.
41. (A) CORRECT EXPIRATION TERM OF GLORIA ROSELLO'S APPOINTMENT AS A
MEMBER OF THE AFFIRMATIVE ACTION ADVISORY BOARD.
(B) APPOINT / REAPPOINT INDIVIDUAL AS MEMBER OF THE AFFIRMATIVE
ACTION ADVISORY BOARD. (Appointed was: Danny Couch.) [Note:
Mayor Suarez was later informed that Mr. Couch was already a
member of the Board.]
-------------------------- -----------------------------------------
Mayor Suarez: Item 28. Affirmative Action Advisory Board.
Commissioner Plummer: Who has...
Vice Mayor Alonso: Suarez and Dawkins.
Commissioner Plummer: Who?
Vice Mayor Alonso: Suarez and Dawkins.
Commissioner Plummer: Not guilty.
Mayor Suarez: Suarez and Dawkins. I'll nominate Danny Couch for mine.
Vice Mayor Alonso: Do I need to make a correction in reference to Gloria
Rosello's term?
Commissioner Plummer: Oh great.
Mayor Suarez: If you want to put it on the record.
Vice Mayor Alonso: To expire June 6, 192. What in the world? Her term
should expire 193.
A. Quinn Jones III, Esq.: Apparently,...
Ms. Pam Burns: Pam Burns from Internal Audits Reviews. She is replacing
another member whose term was to expire in 192. So at that point in time, you
want to reappoint her, that would be fine.
179 April 2, 1992
a �
Mayor Suarez: OK.
Vice Mayor Alonso: I appointed her, and will reappoint her.
Mayor Suarez: And she's announcing to the world that she'll be there for a
while.
Vice Mayor Alonso: That's right.
Mayor Suarez: All right. So moved and seconded as to that one appointment.
Call the roll.
THEREUPON ON MOTION DULY MADE BY MAYOR SUAREZ AND
SECONDED BY VICE MAYOR ALONSO, MAYOR SUAREZ NOMINATED
DANNY COUCH TO SERVE AS A MEMBER OF THE AFFIRMATIVE
ACTION ADVISORY BOARD.
[Note: The Mayor was informed immediately thereafter
- that Mr. Couch was already an appointee to said board.
Mayor Suarez offered to seek a new appointee for said
vacancy in the future.]
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
3' RESOLUTION NO. 92-233
A RESOLUTION AMENDING RESOLUTION NO. 92-108, ADOPTED
FEBRUARY 13, 1992, TO CORRECT BY THE HEREIN
RESOLUTION, A SCRIVENER'S ERROR TO PROVIDE THE CORRECT
EXPIRATION OF A CERTAIN INDIVIDUAL'S TERM OF OFFICE AS
A MEMBER OF THE AFFIRMATIVE ACTION ADVISORY BOARD.
E (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.
1 Mayor Suarez: My candidate's vital information can be found in the last
I elections. He made the foolish mistake of running against my colleague, J. L.
i Plummer.
Ms. Burns: Excuse me. Mayor Suarez.
180 April 2, 1992
1■
Commissioner Plummer: And let me say it for the record, that he is a fine
gentleman. He gave me his word from the onset that he would be a gentleman
and we would handle the race that way, and I want to tell you that I voted for
that guy because he kept his word and he's a real gentleman.
Ms. Burns: Excuse me. Mr. Mayor. Mr. Couch is already on the board as one
of your appointments.
Mayor Suarez: He is one of my appointments. See, I've done this already.
All right. I've got to think of another one. OK. So strike that vote,
please.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: He said to appoint the other guy who ran against you.
Commissioner Plummer: Now wait a minute. Let's don't carry this too far.
------------------------------------------------------------------------------
42. (A) BRIEF DISCUSSION CLARIFYING PENDING APPOINTMENTS / RE
APPOINTMENTS TO BE MADE TO MIAMI SPORTS AND EXHIBITION
AUTHORITY, AND PENDING CORRECTION TO BE MADE CONCERNING TERMS OF
APPOINTEES.
(B) DEFER APPOINTMENT OF AN INDIVIDUAL TO SERVE AS A MEMBER ON THE
CITY OF MIAMI URBAN DEVELOPMENT REVIEW BOARD.
Vice Mayor Alonso: Now, in the meantime, do I need to make also a correction
with my...
Mayor Suarez: Yes.
Vice Mayor Alonso: ... appointments to the Sports Authority, that they tell
me there is a mistake in the term? Would you check that, please, and let me
know?
Mayor Suarez: On the terms of the appointees by...
Vice Mayor Alonso: They told me that he was appointed only...
Mayor Suarez: ... Vice Mayor Alonso.
Vice Mayor Alonso: ... for a couple of months, when in reality I appointed
him for the full term.
Ms. Burns: Again, she was just replacing another member whose term was to
expire. And we'll...
Mayor Suarez: So we'll do that reappointment at the time of the completion of
the term.
181 April 2, 1992
Ms. Burns: ... be coming back before you again at the expiration of that term.
Mayor Suarez: You know, there's nothing that prevents the reappointment to be
done, I don't think in advance - maybe it does - Anyhow, we'll take care of it
at that time.
NOTE FOR THE RECORD: At this point, Mayor Suarez
recognizes the Mayor of West Miami, Pedro Reboredo.
Mayor Suarez: 29. Urban Development Review Board.
Vice Mayor Alonso: Yes.
Mr. Cesar Odio: Commissioner Dawkins appointments.
Commissioner Plummer: Dawkins only.
Vice Mayor Alonso: When we finish with this item, Mr. Mayor...
Mayor Suarez: Yes.
Vice Mayor Alonso: ... I'd like to take this resolution, West Miami.
Mayor Suarez: OK. Do you have anybody for the Urban Development? Probably
an architect, I guess, is what you need. Right?
Commissioner Dawkins: I'm trying to find that.
Mayor Suarez: All right. OK. In the meantime,...
Commissioner Plummer: He'll be either an architect or a landscape architect.
Mayor Suarez: We need...
Commissioner Dawkins: I've got an architect, I just didn't get his name, J.
L.
Mayor Suarez: OK.
182
April 2. 1992
43. APPOINT / REAPPOINT INDIVIDUALS AS ALTERNATE MEMBERS OF THE
INTERNATIONAL TRADE BOARD (Appointed were: Nelcida Chakoff and Robert
Brown II, Esq.).
Mayor Suarez: As alternate member of the International Trade Board. Certain
individuals. What do you have? One per Commissioner? Is that what we have?
Commissioner Dawkins: No, I have two.
Mayor Suarez: OK. Commissioner, your appointments. Commissioner Dawkins.
Nelcida Chakoff and Ron Brown.
Commissioner Plummer: Miller.
Commissioner Dawkins: Um-hmm.
Ms. Hirai: No, but it's confirmation of two appointments.
Mayor Suarez: OK. As to those two appointments. Miss Chakoff and Mr. Brown,
we have a motion by Commissioner Dawkins.
Commissioner Plummer: Second.
Mayor Suarez: Seconded by Commissioner Plummer. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-234
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS
ALTERNATE MEMBERS OF THE INTERNATIONAL TRADE BOARD, TO
FILL UNEXPIRED TERMS OF OFFICE ENDING JUNE 30, 1992.
(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.
183 April 2, 1992
44. DISCUSSION CONCERNING COMPETITIVE SEALED BID PROCEDURES VS. NEGOTIATED
SALE OF BONDS.
Mayor Suarez: Item 32. We continued, Commissioners, from the March 12, 1992
meeting a discussion of competitive sealed bidding against negotiated sale of
bonds. If anyone wishes to revive that, this is the time to do it. If not,
we'll continue functioning the way we are without any new instructions to our
Finance Director.
Commissioner Plummer: Well, what is our present posture?
Mayor Suarez: Negotiated sale.
Mr. Carlos Garcia: Our policy is that general obligation bonds are sold on a
competitive basis. Other bonds, such as revenue bonds, or special obligation
bonds, and refunding bonds are done on a negotiated basis. Remember,
negotiated basis bonds are done with underwriting firms that are selected
through a selection committee that has been appointed by the City Commission.
Mayor Suarez: And your experience is that we're getting just as good a rates
on negotiated as we are competitive?
Mr. Garcia: We are getting very good rates in both cases. Yes, sir.
Certainly.
Mayor Suarez: Is there a clear indication one way or the other whether we're
doing better on one or the other?
Mr. Garcia: No, nationwide negotiated sales have had a lower interest rate
for the recent year, in the last two years. And they have had very low cost
of issuance, as well. But I think for general obligation bonds, we must be...
Mayor Suarez: Under our Charter.and Code. OK.
Mr. Garcia: We have to do them on a competitive basis.
Mayor Suarez: It sounds like a pretty good explanation to me. Anybody else
has any more questions on it.
Commissioner Plummer: Mr. Mayor, I think this came about because of all of
the hub-bub that was in the paper and...
Mayor Suarez: On the County, yeah.
Commissioner Plummer: You know, I have to admit that, to me, just the wording
"competitive"...
Mayor Suarez: Yeah.
184 April 2, 1992
Commissioner Plummer: ... meant that we would better off than it would be
negotiated because...
Mayor Suarez: It sounds like it would be almost automatically a better
deal...
Commissioner Plummer: Yeah.
Mayor Suarez: ... for the citizens than negotiated.
Mr. Garcia: But it doesn't always necessarily work like that. Especially in
cases where you have a refunding in which time is a critical issue. We have
cases in which a refunding has taken over a year to bring to market because
the market moves away from us.
Mayor Suarez: We have more choice on the timing of the purchase when it's
negotiated than when it's competitive. That's the...
Mr. Garcia: Right. Because that... The signing of the contract with the
underwriting firm is delegated to the City Manager instead of... When you have
competitive bids, the bids are taken by the City Commission.
Mayor Suarez: It's an automatic timetable and the one that comes in, that's
the one.
Mr. Garcia: Right.
Mayor Suarez: Even though the day you're about to give it, you sense the
market going in a favorable direction and you wish you could wait another
couple of weeks.
Mr. Garcia: Right.
Mayor Suarez: That's the difference.
Mr. Garcia: I think what I would do is, you know...
Mayor Suarez: And it opens itself, I guess... The trade-off is that
negotiated bidding, as Commissioner Plummer is implying, opens itself up to
chronism, corruption or favoritism, I guess, is the word I'm looking for.
Mr. Garcia: Right.
Mayor Suarez: And, apparently, in the case of another sister jurisdiction,
whose name I won't mention, but they are the one that covers this entire
County, they got caught with some informal procedures and interesting results
or something, and the Miami Herald took them to task.
Mr. Garcia: Well, on those negotiated basis sales that we have had, we have
been rotating firms. So the firms have not received that many issues at a
time, so they have not received more than two issues during a two-year period.
Again, those firms were selected by a process approved by this City
Commission, and I think what we need to do in the future is any time before we
have a bond sate, we can recommend to you whether to make it on a
negotiated...
185 April 2, 1992
J
Mayor Suarez: Or competitive.
Mr. Garcia: ... or competitive basis, depending on the particular...
Mayor Suarez: That's a good idea. Do it on an ad hoc basis, and based on
your recommendation,...
Mr. Garcia: Right.
Mayor Suarez: ... we may or may not follow it. If you do it on a negotiated,
you may want to put at the head of the committee, doing the selection or the
recommendation someone with an incredibly honest face, like the Mayor of West
Miami. There's no possible way anyone would question that he's doing it on
the basis of the best deal for the citizens of Miami.
Commissioner Plummer: Wow.
Mayor Suarez: See. You can tell. He's got that honest look on his face.
The Herald would never pick on him.
Commissioner Plummer: You notice he didn't say the Mayor of Miami. You
notice...
Mayor Suarez: Definitely not the Mayor of Miami.
Commissioner Plummer: His reference to honest face.
Mayor Suarez: All right, folks. Anything further on this?
-------------------------------------- ----------------------------------------
45. DISCUSSION CONCERNING FORMER FIRE STATION NO. 15 (1300 S.W. 12 AVENUE)
CURRENTLY OCCUPIED BY THE CUBAN MUSEUM OF ARTS AND CULTURE, INC.
Mayor Suarez: Item 33. Former fire station no. 15. We wanted a...
Commissioner Plummer: Where's the Manager?
Mayor Suarez: How are we doing on regaining our property at 1300 S.W. 12th
Avenue? Are we going to have and RFP (request for proposals)? Are we going
to sell it?
Vice Mayor Alonso: That's the great question of the day.
Commissioner Plummer: We're losing. I guarantee you we're losing.
Mr. Odio: I need from you what the use would be and then we will have an RFP
here for you on May... Either April 30th or May 14th.
Mayor Suarez: What the use will be?
186 April 2, 1992
Mr. Odio: We need to determine the use so that he has...
Vice Mayor Alonso: Well, I think you have to identify what will be best. How
we can recoup the best amount of money for the City of Miami and then your
recommendation to us.
Mayor Suarez: You want that to be the only criteria, or do you want it, like,
specified...
Commissioner Plummer: Whoa, whoa, whoa. I think you're making a serious
mistake, if you're overlooking that that the use of that facility is for our
own personal City use.
Mayor Suarez: Yeah. I think that's...
Commissioner Plummer: Who can argue with that? Because I can tell you that
we definitely need a training facility for the City of Miami paramedics.
Mr. Odio: We need... Well, I can speak for...
Commissioner Plummer: You know, can anybody argue with that? - that we
utilize our own facility?
Mayor Suarez: Yeah. No, I'll argue with that, but I won't argue with the
general concept that the City could probably use the space for our own
purposes, but I don't know that a training facility when you've got a fire
college here is what the ideal...
Mr. Odio: The Fire Chief told me that because of the way the incidents are
occurring, that they need a closer place to deliver services. And that he was
considering a fire station there. No?
Dep. Chief Huddleston: Yes, sir. We're looking at that at this point.
Mayor Suarez: OK. If the general recommendation - and I don't mean to
interrupt you Chief - but if the general recommendation is - I don't mean to,
but I did - the general recommendation is that maybe internal City use is one
possibility. OK? Without getting into what specific department, then the
alternative is sale and if sale, for what use? Now does the Commission want
to make a policy decision today? Well, an RFP presumably would be for the
possibility of selling it.
Vice Mayor Alonso: Well, what we have to identify is if it's going to be for
use. Now, if we are going to use it as a fire station, remember to have a
public hearing.
Mr. Odio: Have to go through the whole process. This is an issue...
Mr. Jones: Not if you plan to use it as a fire...
Mr. Odio: No, no, no. If we want to have a fire station there, the public
has to be notified...
Vice Mayor Alonso: Yes. Yes.
187
April 2, 1992
Mr. Odio: ... to see 1f they want a fire station there.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Since when?
Vice Mayor Alonso: Yes. It's in a residential area.
Mr. Odio: That's what she said.
Mr. Jones: There's no requirement...
Commissioner Plummer: It was there before.
Vice Mayor Alonso: It was there before, but it hasn't been there for some
time, so you better listen to the citizens of the area.
Mayor Suarez: That makes sense.
Vice Mayor Alonso: It does.
Commissioner Plummer: Excuse me. If I'm not mistaken, is it not presently
zoned GU? I think it is presently zoned GU, which is governmental use.
Vice Mayor Alonso: Let's check that.
Mr. Odio: I don't have any problem in going to a public hearing. It's...
Commissioner Plummer: No.
Mayor Suarez: Yeah.
Mr. Jones: The only other thing I caution you if it is the City's decision to
make internal use of it, that we should be prepared to justify the use of it,
the need for it, very detailed, very specific.
Mr. Odio: That's what I mentioned.
Vice Mayor Alonso: Mr. City Attorney. This is ridiculous. We own the
j property. Now we have to justify...
Mr. Jones: Madam. Madam...
Vice Mayor Alonso: The Cuban Museum is there and they think they own that
building.
Mr. Jones: Madam.
Vice Mayor Alonso: The citizens of Miami own that building.
Mr. Jones: Madam Vice Mayor, I'm only advising you in reference to a possible
subsequent attack and I'm telling you what's needed in order to get past
another lawsuit. That's my advice to you.
188 April 2, 1992
Mayor Suarez: And, counselor, she's advising you on logic. The logic that
says, this is our property. We want to use it for internal purposes. I guess
the only resolution of our dispute is to swallow our logic and come up with
more specificity, I guess.
Mr. Jones: Well, logic doesn't win lawsuits. I'm advising you on the law.
OK?
Mayor Suarez: I hear you. That's unfortunately the case. Being an attorney,
I know that. Commissioner Dawkins.
Vice Mayor Alonso: So we lost the building? Is that what...
Mr. Jones: No. I'm not saying that. I think I've advised you in the memo
that you can do whatever you want to do with the property. Certainly making
internal use of it is an option. All I'm telling you is that we should be
prepared to justify the internal use of it. That's all I'm saying to you.
Vice Mayor Alonso: Yeah. We are prepared to use the building. You tell me
how we can use the building legally. It's ours.
Mr. Odio: I think - if I understood right. If I can justify... Oh, I'm
sorry. Commissioner Dawkins...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager. Where is the NET (Neighborhood
Enhancement Team) mini -hall in that area?
Commissioner Plummer: That would be Little Havana.
Mr. Odio: That's Little Havana?
Commissioner Dawkins: Yes, sir.
Mr. Odio: We were thinking, Commissioner, the problem is we're moving
police... To put in a Little Havana substation.
Commissioner Dawkins: I mean, that would be... I mean, I'm just offering. I
mean, that may be one of the sites that you might want to consider.
Mayor Suarez: Yeah, what's the next one south?
Vice Mayor Alonso: Yeah, that's a good suggestion.
Mr. Odio: You know, that's not a bad idea.
Mayor Suarez: The next one south, if not the Little...
Mr. Odio: But we could...
Vice Mayor Alonso: That's a good one.
189
April 2, 1992
- j
Mr. Odio: That's not a bad idea. We could combine the fire station... He's
-j been talking to me now for the record so that you can tell the judge, for a
month now, he's been telling me we have a need...
i
Mayor Suarez: OK. But prepare...
#; Mr. Odio: ... of fire.
Mayor Suarez: ... the documentary.
Mr. Odio: We can document it. We can document it.
Mayor Suarez: I think the City Attorney is indicating we have to prepare the
documentary support...
Mr. Odio: We can document it.
Mayor Suarez: ... for the possible internal use. We have to submit it to
this Commission. The Commission, as a policy decision, ought to make that.
Follow it up with whatever...
!
Mr. Odio: It would be nice to combine the fire with a mini -hall.
Mayor Suarez: Cross all the is and dot all the is this time.
Vice Mayor Alonso: Do you have to go back to court?
Mr. Odio: Yes, ma'am.
Mr. Jones: No, no, no.
4
Mr. Odio: No?
Vice Mayor Alonso: Yes.
I
Mr. Odio: Yes?
Mr. Jones: No. There's nothing in the court's order. The court specifically
stated that any condition or use of that has really never been before it,
and
of course it indicated that at some point, as I have advised you that
you
decide to make whatever use of it, it may very well come back before
the
court. That was my only...
Mayor Suarez: And how would we mechanically take back the property?
Mr. Odio: Because...
ji
Mr. Jones: The way that you would do it would basically be to notify that
the
City Commission...
Mayor Suarez: Has decided to...
i'
Mr. Jones: ... has made a determination that the best use of the property
and
need for is whatever given use you've decided on, and ask them to vacate
the
premises by a certain date.
190 April 2,
1992
Mayor Suarez: I see.
Mr. Jones: Because at this point, they're holdover tenants by virtue of
Judicial fiat, which has ostensibly extended their lease until such time as
you decide to do what you want to do with the property.
Mayor Suarez: Judicial fiat...
Vice Mayor Alonso: OK. Get ready to go back to court.
Mayor Suarez: Yeah, I have a feeling there could be a court determination
there.
Vice Mayor Alonso: Yes.
Mayor Suarez: But it's judicial fiat - that's a nice way to phrase it - it's
also somewhat of our inactivity in this area and maybe shyness about exerting
our rights over that property. OK. Anything further? I hope that the salary
we're paying you is not enabling you to buy those nice long-sleeved
"guayaberas."
Commissioner De Yurre: Let me ask...
Mr. Odio: So what do you...
Chief Carlos Gimenez: This is the second time I've been up here, and every
time you have a comment about my attire, I guess. Last time I was preppy, now
I'm, you know...
Mayor Suarez: Every time. You elicit comment on your attire.
Vice Mayor Alonso: It matches his hair, too.
Mayor Suarez: All right.
Commissioner De Yurre: Mr. Mayor.
Commissioner Plummer: All of this high priced help.
Mayor Suarez: Wait, Commissioners. We've got Commissioner De Yurre. Yes.
Commissioner De Yurre: You know...
Commissioner Plummer: How do you put all of those stars in your "guayaberas"
there?
Chief Gimenez: No, it's bugles. That's all we wear.
Commissioner Plummer: Bugles. Bugles. I'm sorry.
Mayor Suarez: Commissioner De Yurre.
Commissioner Plummer: More high priced help.
191
April 2, 1992
Commissioner De Yurre: One of the things that concerns me with this situation
is that the parties at hand may deem this as being singled out because we're
only talking about one piece of property.
Mr. Jones: I'm sorry.
Commissioner De Yurre: We're only talking about one piece of property. Doing
something with one piece of property, and the people that are may feel they're
being singled out. If we're talking about disposition of property, I think it
might be better off, from the experience that we have had over the last couple
of years in this matter, that we look globally into a number of properties
that we may want to dispose, of which this may be one of them. As a policy of
this Commission. As a policy of the Administration as far as doing away with
properties that we could put better on the tax rolls if they were sold. That
we could lease out, that would be improved, if sold, or gotten rid of. I
think that if we look at it in that context,...
Commissioner Plummer: I wouldn't want to sell it.
Commissioner De Yurre: ... we're going to have a lot stronger...
Commissioner Plummer: I don't want to sell it.
Commissioner De Yurre: ... argument for this or any other property that we
want to work with.
Mr. Odio: Commissioner, if your intention is to sell it or dispose of it,
that would be right, but we were talking about we really need, we have a need
for a paramedic station, a fire station, closer to the people we are serving.
And I think no one in the world can go against something that important to the
community, because it means saving lives, if we're closer to and we have had
an increase in delivery time. No?
Chief Gimenez: Well, if I can tell you the story of what happened.
Mayor Suarez: By the way - Chief, if I may, very quickly. You win me in my
vote if you say that it's a paramedic facility, not a training facility.
Training, you can train people anywhere way you want. If you want to have
people located there...
Mr. Odio: No.
Mayor Suarez: ... so they can have quicker response, with all their
equipment, everything else, that's...
Mr. Odio: No, it's an operating unit. It's not a training...
Mayor Suarez: OK. Chief, I'm sorry. Go ahead.
Chief Gimenez: What happened was that there was a combination of two stations
in the past and it was combined with station 4 which was moved further east.
That left somewhat of a hole where 15 was, and I've been looking at some of
the stats and some of the response times, and there are some areas there that
192 April 2, 1992
lej
f Y
response time is a little high, and we'd like to place a fire unit there in
order to reduce the response time into those areas. And...
Mayor Suarez: Would you coordinate with the City's Legal Department to make
sure that the way that you present that...
Chief Gimenez: Sure.
Mayor Suarez: ... is preemptively...
Chief Giminez: Sure.
Mayor Suarez: ... convincing to a court. Hopefully.
Chief Giminez: You know, we're drawing up the maps right now to show what the
impact of not having that station is doing to our response times.
Mayor Suarez: OK. Anything further?
Commissioner Plummer: How about thirty days?
Vice Mayor Alonso: We should go back to court, from day one. In order to
avoid litigation, go back to the judge and inquire. This is what the City
needs to do,...
Mayor Suarez: You know what he's going to say, though?
Vice Mayor Alonso: ... because if not, it's going to cost us another forty
thousand dollars.
Mr. Jones: Madam. Madam Vice Mayor.
Mayor Suarez: He's going to say that it's premature.
Mr. Jones: Madam Vice Mayor. We already sought the advice from the court on
what use could be made of the property. The court, in accordance with the
law, indicated that that would be an advisory opinion. That it was not right
for the Federal District Court to consider.
Mayor Suarez: They won't tell us when we're right.
Mr. Jones: Yeah.
Mayor Suarez: They only tell us when we're wrong.
Mr. Jones: So...
Mayor Suarez: When they think we're wrong.
Mr. Jones: ... we have to go ahead and make that particular move, and so be
it, it comes back before the court, we can force the issue and a determination
can be made. But the court has refused to advise us one way or the other in
that regard.
193 April 2, 1992
V f,
Mr. Odio: But if we tell them the intent is to do this...
Mayor Suarez: No, we just go ahead and move on it. We go ahead and move on
it and give the notice to vacate and then see what happens next.
Mr. Odio: Should I go ahead and do that.
Mayor Suarez: Pretty shy government here that isn't willing to take back its
own property.
Mr. Odio: Let's do it.
------------------------------------------------------------------------------
46. (A) DISCUSSION CONCERNING ROTATION OF CHAIRMANSHIP OF THE MIAMI
SPORTS AND EXHIBITION AUTHORITY -- STIPULATE THAT COMMISSIONER
MILLER J. DAWKINS SHALL BECOME THE NEW CHAIRPERSON OF THE
AUTHORITY UPON A REPORT BY PRESENT CHAIRPERSON (COMMISSIONER
VICTOR DE YURRE) THAT THE ONGOING DISPUTE AMONG MIAMI HEAT,
LEISURE MANAGEMENT MIAMI (LMM), AND MIAMI SPORTS AND EXHIBITION
AUTHORITY HAS EITHER BEEN SETTLED OR IS GOING TO TRIAL.
(B) VICE MAYOR ALONSO STATES HER INTEREST TO BECOME NEW CHAIRPERSON
OF THE INTERNATIONAL TRADE BOARD AT SUCH TIME AS COMMISSIONER
J.L. PLUMMER DECIDES TO RELINQUISH CHAIR.
------------------------------------------------------------------------------
Mayor Suarez: Item 34. Commissioner Dawkins's request. The Sports and
Exhibition Authority chairmanship.
Commissioner Dawkins: Mr. Mayor and fellow Commissioners, when we started the
Commission Awareness Program, it was stated that it should go around and
everybody should get a chance to serve on different committees and since that
time, nothing has been done, and I would like to be the chairperson of the
Sports Authority. Commissioner De Yurre has been there two or three years,
and in order to become the chairperson, you have to do it because the rotation
starts June 1. So I would make a motion now that I become the chairperson of
the Sports and Exhibition Authority as of June 1 for one year and after that
year, let it rotate to somebody else.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second.
Commissioner Plummer: Mr. Mayor, I am concerned. I voted for, as all the
other members of this Commission unanimously voted for, the rotation process.
I'm still in accord, even though I can't get anybody to rotate to the two
a committees that I've had for years that nobody wants to take. I'll keep them,
but that's the name of that game. My concern, in particular with the Sports
Authority, is the fact that there is ongoing litigation, and I am concerned
that Commissioner De Yurre, who I think has done an excellent job, has been
the main motivator in moving that negotiation. Not to my blue brother's
194 April 2, 1992
detriment in any way, shape or form, but I just feel, very honestly feel, that
I would want to keep Commissioner De Yurre in that position until that
settlement is reached. Now if that's June, so be it. If it is not, I think
that it behooves this Commission to keep him there until that matter is
-; settled. I think it is just that important to this City.
Commissioner Dawkins: Mr. Mayor.
Commissioner Plummer: So I would be voting against the motion at this
particular time, but I wanted to state for the record my reasons for it.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I could accept that with a lighter heart coming from
anybody else up here than J. L.
Commissioner Plummer: Uh oh. Uh oh.
Commissioner Dawkins: Now, if J. L. felt the way he's saying, then I'm really
upset. But this Commission is ruled by three votes and when you have the
three votes, you got the winner. And it's nothing unusual for me to be on the
losing side of a four/one vote, especially here lately. If J. L. Plummer had
said to me, "Commissioner Dawkins, Commissioner De Yurre's in the midst of an
important negotiation. Therefore, I move that you become the chairperson and
you let Victor sit there as co -chairperson with you until the negotiations is
solved and then he will step down and no longer be the chairperson and you
serve the chair," I could buy that.
Commissioner Plummer: I didn't even think about it.
Commissioner Dawkins: But for J. L. Plummer to sit over there and tell me
that I'm not intelligent enough to carry on a negotiation that's going on is
pure hogwash, if not plain racism.
Commissioner Plummer: Using my terminology, I had not considered the fact of
that, my colleague. I thought that it was very, very important that
Commissioner De Yurre, in my estimation, and I will say to you on the record,
sir, once that is concluded, I will look at this matter in an entirely
different method.
Commissioner Dawkins: If it's not passed today, then you tell me you do not
want me, you do not need me in the future. If you do not feel that I can
serve today, and I mean, you know, I'm hurt J. L., but I'm not surprised. I'm
really hurt. OK? But I'm not surprised now. And when this is over, I'll
tell you why I'm not surprised. OK? But I am real surprised, J. L., at your
action. I am.
Commissioner Plummer: Well, OK, I'll...
Vice Mayor Alonso:
motion...
Well, Commissioner Dawkins, are you willing to change your
195
April 2, 1992
s
Commissioner Dawkins: No, ma'am I will not...
Vice Mayor Alonso: ... to say...
Commissioner Dawkins: No, ma'am.
Vice Mayor Alonso: Excuse me.
Commissioner Dawkins: OK. Go right ahead.
Vice Mayor Alonso: .. to say that we will appoint you as chairman and
Commissioner De Yurre will be there with you as cochair and maybe Commissioner
Plummer will be willing to go along with this motion and approve and...
Commissioner Dawkins: I will try that for size, Madam Vice Mayor, but that
won't go any place either. All right?
Vice Mayor Alonso: Well, let's .try it so we see for the record if it passes
or not.
Commissioner Dawkins: I make a motion...
Mayor Suarez: We have a motion on the floor...
Commissioner Dawkins: I rescind my motion.
Mayor Suarez: OK. That's withdrawn.
Commissioner Dawkins: I withdraw my motion.
Vice Mayor Alonso: And then...
Commissioner Dawkins: I make another motion that I become the chairperson and
that Commissioner De Yurre serve as chairperson until whatever negotiation
that he is in is over, and then he will no longer be the chairperson and I
will be the chairperson outright. I make that motion.
Mayor Suarez: So moved.
Commissioner Plummer: And you're seconding?
Vice Mayor Alonso: Yes.
Commissioner Plummer: All right, let me understand. You're stating then that
June the 1st you will be appointed to the board,...
Commissioner Dawkins: Yes.
Commissioner Plummer: ... Commissioner De Yurre will be chairman until
such...
Commissioner Dawkins: No, sir. I'm saying I will be the chairman, but he
will continue the negotiations. Whatever negotiations he's in.
196 April 2, 1992
s
# Mayor Suarez: Well, that's not the way I understood the motion. OK.
1 Commissioner Plummer: No, that's not the way I understood it either. I
,I thought he would be chairman, but the minute that it was concluded, his
F, chairmanship concluded. That's the way I understood it.
I
I Vice Mayor Alonso: The chairman will be Commissioner Dawkins...
Commissioner Plummer: As of the 1st.
Vice Mayor Alonso: ... and Commissioner De Yurre will just continue that
particular...
Commissioner Dawkins: Negotiation.
-,j Vice Mayor Alonso: ... negotiation. That's all. The rest, Commissioner
Dawkins is the chairman.
A. Quinn Jones III, Esq.: Mr. Mayor, point of clarification.
11 Mayor Suarez: Yes.
Mr. Jones: When you say negotiation, I assume you're talking about...
Vice Mayor Alonso: This particular item.
Mayor Suarez: The one related to the LMI...
Mr. Jones: The particular... The lawsuit.
Mayor Suarez: ...or LMM...
Mr. Jones: The lawsuit.
Mayor Suarez: ... dispute with the Miami Heat.
Mr. Jones: But when you say when it's over, the reason I'm asking that's, you
know, anticipating that there are no appeals or anything else, is that your
intent?
Vice Mayor Alonso: Well, he's not the attorney for the...
Mr. Jones: I understand.
Commissioner Plummer: No, no, no. He's chairman as the negotiator.
Vice Mayor Alonso: ... for the Miami Heat. He's just chairman. So, if it
goes to litigation, I think it will have to be carried on by the Legal
Department rather than Commissioner De Yurre. I thought they had an
agreement.
Commissioner Plummer: Who's that?
Mayor Suarez: Why...
197
April 2, 1992
Commissioner Plummer: No, I have... One of the things that,
is the fact that I asked, I guess I demanded, I asked that
It was finalized be brought back to this City Commission.
from Commissioner De Yurre that it would be proffered to
involved, but before the Sports Authority itself would sign
final, that it would be brought back to this Commission.
park? As I recall.
as you'll recall,
the matter before
I had a commitment
the other parties
off, which was the
Am I in the ball
Commissioner Dawkins: I call a question, Mr. Manager. I mean, Mr. Mayor.
Mayor Suarez: I have a couple of questions, Commissioner.
Commissioner Dawkins: OK, sir.
Mayor Suarez: And you may answer them, if you'd like.
Commissioner Dawkins: I will.
Mayor Suarez: OK.
Commissioner Dawkins: I have no problem with it.
Mayor Suarez: If you assume, as I believe in this case, and as stated by
Commissioner Plummer, that you've got a Commissioner heading a trust or
authority and doing a good job of it, why make a change simply based on the
rotating nature, or the way you view the need to rotate, or a personal
preference on your part because I'm extremely, personally, extremely satisfied
with the way that the Authority has been run by Commissioner De Yurre. I'm
inclined not to want to change that. In the case of the authority that I
head, which is a creature of State law, and has me as chairman, I'm also - on
the other hand, on that one, and to differentiate from this one - being the
person in that position, I would be very much inclined to make that available
to any other Commissioner who wanted to head the Downtown Development
Authority and so state today so that you know that and any of the other
Commissioners. I presume we wouldn't give it to Plummer because he's already
on too many boards.
Commissioner Plummer: Thank God.
Mayor Suarez: One of which we will never, never allow him to resign from,
which is the Bayfront Park Management Trust. He is emeritus, the chairman
forever and ever and ever. But as to the DDA,(Downtown Development Authority)
it's just taking up an incredible amount of my time and I think it would
behoove this Commission to have another chairperson to get to know the folks
there and their interests and their concerns, etcetera. As to the Sports and
Exhibition Authority, what would be the reason for the change, other than
personal preference, which is fine with me, if that's what it is?
Commissioner Dawkins: The personal preference is, as a black I should get a
chance to serve on any Commission up here as anybody else. There's no
guarantee that I will be here in 193 and because I'm black, you shouldn't be
able to tell me that you feel that Commissioner De Yurre has done such a hell
of a job, that I cannot continue what he is doing as well as he's doing and I
just don't... And that's my reason.
198 April 2, 1992
M'.0
Mayor Suarez: All right.
Vice Mayor Alonso: I also would like to address this question in the sense
that I think all of us deserve the opportunity to have the experience of being
chairman of the Sports Authority as well as some other chairmanship and I
think if it is on rotating basis, it should not be maintained for the wish of
one member of this Commission. I think it has to rotate. And it was very
clearly stated when it was established that it was going to be rotated, and it
was a point that we emphasized at that time and I think it should be clear to
the members of this Commission that all of us have equal right to be chairman
of the Sports Authority or some other authority.
Commissioner Dawkins: Only if you can master three votes.
Commissioner Plummer: Then why won't you all take some of mine?
Vice Mayor Alonso: Exactly.
j.
Commissioner Dawkins: Only if you can master three votes.
Commissioner Plummer: Let me tell you what's acceptable to me, to my blue
brother, to this Commission. Commissioner Dawkins, I will vote for you
becoming the chairman, which I thought was your motion, the minute that the
negotiation is completed. I'll vote for that right now. I'll vote for it
tomorrow.
Commissioner Dawkins: But you see, J. L., the only thing wrong...
Commissioner Plummer: No, no. Excuse me.
Commissioner Dawkins: Wait a minute. No, no.
Commissioner Plummer: Go ahead.
Commissioner Dawkins: The only thing wrong with that, that's your motion.
You're taking my motion and making it your motion, J. L.
Commissioner Plummer: Excuse me.
Commissioner Dawkins: That's what you're doing.
Commissioner Plummer: I didn't try to change your motion. I said I would
tell you what I would vote for. I'm not trying to change your motion. Your
motion I can't vote for.
Commissioner Dawkins: OK, no problem. Then don't vote for it. I don't have
a problem with it.
Commissioner Plummer: The motion that says that you become the chairman at
the conclusion of the negotiation and settlement, I have no problem with.
Commissioner Dawkins: OK.
199 April 2. 1992
Commissioner Plummer: OK?
Commissioner Dawkins: Can you put a time limit on that?
Commissioner Plummer: Sir, if I...
Commissioner Dawkins: Like you say, suppose... Wait a minute, wait a minute.
Wait now. If it goes to negotiation... I mean if it goes to court, what
happens then?
Commissioner Plummer: Sir, I can't tell you no more than I can tell you
that...
Commissioner Dawkins: I mean, all right if it's in court for five years,
Victor De Yurre remains the chairperson for five years?
Commissioner Plummer: If he's here for five years. No, excuse me. You
didn't understand me. Commissioner De Yurre, in my estimation, is trying to
negotiate a settlement to keep it out of court. Now, if it goes to court,
that's a different story. His key, as I see it, as a chairman of that Sports
Authority, and in particular because he is a lawyer, is because he has tried
to keep it from going to court and that's where the emphasis has been.
Commissioner Dawkins: I'll tell you what. Let me put you to the test. I'll
put all of you to the test. I make a motion that Miller Dawkins become the
chairperson of the Sports Authority the minute Victor De Yurre comes back to
this Commission and says I have a settlement or I cannot settle it, it has to
go to court. And I so move.
Commissioner Plummer: That's what I said. Isn't that what I said?
Mayor Suarez: OK. The prior motion is withdrawn and this is the new motion.
Commissioner Plummer: Did I not say that?
Vice Mayor Alonso: Second with a comment. I think we should...
Mayor Suarez: Moved and seconded.
Vice Mayor Alonso: ... have a good time limit and I suppose this will not
extend forever. So we say within the next three months? Because these
negotiations cannot go on forever. They have to end. So it seems to me that
it should be within reason.
Mr. Jones: But keep in mind, Madam Vice Mayor, that the appointment is up
June 1, 1990.
Vice Mayor Alonso: I beg your pardon?
Mr. Jones: The appointment is up June 1, 1990.
Commissioner Plummer: He would not even...
Mr. Jones: I mean 192, I'm sorry.
200 April 2, 1992
Vice Mayor Alonso: Well, yes, but as you see here, we are discussing the
possibility of terms for life.
Commissioner Plummer: No, I think what he's...
Vice Mayor Alonso: Well yes, Commissioner Plummer, with all due respect to
you. But it seems that certain people here, like Commissioner Dawkins and
myself, we have no rights to have any boards here because some people decide
that they are chairman for life and I don't think it's right.
Commissioner Plummer: Madam Commissioner, what I was trying to say to you, to
be an interpreter for the City Attorney, was he was stating that whoever, if
chosen, does not take over until the first of June. That's what he was trying
to put onto the record. Nothing else.
Vice Mayor Alonso: Fine, but the intent of this is for as long as
negotiations continue, and who knows. We do things in a very strange way here
in the City of Miami and Miami Arena is no different. Maybe all of these
negotiations will extend for a couple of years, or three years. So, it seems
to me that perhaps a time limit. But if Commissioner Dawkins insists and he
doesn't want to place a time, I'll go ahead with that and I think it's good
enough. If they want to vote for you, we'll have the votes. If not, that's
fine.
Commissioner Dawkins: OK. Call the roll.
Vice Mayor Alonso: And Mr. Mayor as soon as the vote is taken, I have another
request.
Commissioner Dawkins: Call the roll.
Mayor Suarez: OK.
Commissioner De Yurre: What's the motion?
Commissioner Plummer: Yeah, what's the motion?
Mayor Suarez: The motion is that Commissioner Dawkins be made chairman of the
Sports and Exhibition Authority upon a report by the actual chairman,
Commissioner De Yurre, that the matter, the pending litigation has been
settled.
Commissioner De Yurre: OK. Question.
Commissioner Dawkins: Or that it goes to court. Because if it's in court,
there's nothing he can do anyway.
Commissioner Plummer: There's•no negotiation.
Mayor Suarez: And let's add the modifier that, or if trial is held and one of
the party prevails.
Commissioner De Yurre: Question, from the City Attorney.
201 April 2, 1992
Mr. Jones: Yes, sir.
Commissioner De Yurre: Where does it say that any Commission or any
chairmanship of any board has to be rotated?
Mr. Jones: Commissioner, the ordinance, Ordinance No. 010715 which was passed
by this Commission on the 15th of February, 1990, makes no specific reference
to rotation. What it does make reference to is that it is the intent of the
Commission that each Commissioner be considered for appointment. However,
there should be no prohibition against any Commissioner from being reappointed
to serve consecutive terms.
Vice Mayor Alonso: Then I have to say it did not reflect the wish of this
Commission, because it was clearly stated in the discussion at the time that
this item was taken that it was going to rotate and I voted for that item on
the basis that it was going to be for one year and not for life.
Commissioner De Yurre: I'll quote from the February 15, 1990 Commission
meeting. I will quote Commissioner Alonso. "If we decide that the person
should remain there because it's in the middle of discussion, it's in the
middle of something else important to the City, I think it's up to us to take
the steps. So I want you to take the necessary steps to protect us as if that
is the case, we can allow that person to maintain."
Vice Mayor Alonso: Exactly. And read the rest of the transcript where it
says precisely that it was going to be for one year. Commissioner De Yurre,
the point of the matter is that each and every one of us have exactly the same
right to be chairman of the Sports Authority and I don't think that it should
be taken away. Well, it will be taken away if in case we lose and we have
only two votes instead of three. But I think it should be a right that should
not even be discussed. It should be done and other members of the Commission
should have the right to be chairman of the Sports Authority as well as you
had the opportunity for a couple of years.
Commissioner De Yurre: I will continue to quote Commissioner Alonso from the
same February 15, 1990 meeting. "Yes, I'd like to retain the discretion. I
also want him to come to us every year so that we can review and make a
decision according to what we decide here in this Commission. Whether we
want.."
Vice Mayor Alonso: Exactly.
Commissioner De Yurre: Please,... please,... please...
Vice Mayor Alonso: And that's exactly what we are doing.
Commissioner De Yurre: ...allow me to continue!
Mayor Suarez: Please Commissioner. Vice Mayor.
Commissioner De Yurre: "...whether we want that person to stay or we want
someone else to take over. I want that to be very clear in legal terms."
Nothing... In fact, you advocated not having committed to a rotational basis.
202 April 2, 1992
Vice Mayor Alonso: No, what I wanted was very clear, sir.
Commissioner De Yurre: Well, then you must speak a different language.
Mayor Suarez: Commissioner De Yurre, please let the Vice Mayor complete her
statement.
Vice Mayor Alonso: What I wanted to do, Commissioner De Yurre, and you know
this quite well, is that I wanted it to rotate.
Commissioner De Yurre: Well, it's a different language.
Vice Mayor Alonso: And I tell you something. I even would like to listen to
that tape myself and I definitely will. And I'm requesting the tape, Madam
Clerk, so I can listen to the tape myself. My intent was to make it very
clear that nothing is for life here in this City of Miami. This should rotate
as well as we have to go for elections and...
Mayor Suarez: Except for the Bayfront Park Management Trust. Commissioner
Plummer is the head of that. Please make that exception.
Vice Mayor Alonso: Yes, I accept that.
Commissioner Plummer: Thank you.
Vice Mayor Alonso: Yes. No one would like to take that. But yes, indeed.
And I think it should rotate. Anyway, I think we should call the roll.
Mayor Suarez: All right. We have two motions to call the question and take a
vote on the item... I think the motion is understood. Call the roll on the
motion.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-235
A RESOLUTION APPOINTING COMMISSIONER MILLER J. DAWKINS
AS CHAIRPERSON OF THE MIAMI SPORTS AND EXHIBITION
AUTHORITY FOR A TERM OF ONE-YEAR COMMENCING ON JUNE 1,
1992 OR ON THE DATE OF THE RENDERING OF A REPORT BY
COMMISSIONER VICTOR H. DE YURRE TO THE CITY COMMISSION
THAT THE ONGOING DISPUTE BY AND AMONG THE MIAMI HEAT,
LEISURE MANAGEMENT MIAMI, AND THE MIAMI SPORTS AND
EXHIBITION AUTHORITY HAS EITHER BEEN SETTLED OR IS
PROCEEDING TO TRIAL; WHICHEVER OCCURS LAST.
(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:
203 April 2, 1992
r],
AYES: Commissioner Miller J. Dawkins
Commissioner JL. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: Commissioner Victor De Yurre
Mayor Xavier L. Suarez
ABSENT: None.
Commissioner Plummer: Now just -For my clarification. I want to make sure.
That means by this motion, which has just passed, that if in fact the
settlement is made prior to June 1st, that on June 1st, Commissioner Dawkins,
for one year, becomes the chairman. If in fact on June the 1st, settlement is
not reached, or has not gone to court, then Commissioner De Yurre will remain
as chairman.
Mayor Suarez: That's correct.
Ms. Hirai: Yes, sir.
Commissioner Plummer: OK. I just wanted to make sure for the record.
Commissioner Dawkins: But if at July 1st it's finished, then Miller Dawkins
becomes the chairperson.
Mayor Suarez: That's not the way I understood the motion.
Commissioner Plummer: Whenever it's finished.
Commissioner Dawkins: That's right.
Commissioner Plummer: Whenever it's finished.
Commissioner Dawkins: Whenever it's finished. That's right.
Mayor Suarez: All right.
Vice Mayor Alonso: OK. And...
Mayor Suarez: Yeah June 1st is really not as relevant a date as...
Vice Mayor Alonso: Also, I'd like to say for the record that I believe
Commissioner Plummer is doing an excellent job in the International Trade
Board and I think he should continue to serve on that board, but in case
Commissioner Plummer refuses to stay, I would like to have the opportunity to
be chairman of that board. I'm not asking for it at this time, but I'd like
to reserve the right to be the chairman in case Commissioner Plummer resigns.
Mayor Suarez: The first alternate... all right. I don't hear anyone saying
anything about the Bayfront Park Management Trust. Thank Godl
Vice Mayor Alonso: That's his for life.
Commissioner Plummer: One goes with the other.
204 April 2, 1992
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47. (Continued Discussion) COMMISSION STIPULATES THAT PUBLIC HEARING R
PREVIOUSLY SCHEDULED ON POLICE -RELATED MATTERS FOR MAY 7TH SHALL CONVENE _
AT 1:30 P.M. (See label 35). -
j------------------------------------------------------------------------------
Mayor Suarez: Item 35. Let me say this is my item. I'd like to merge this
into the discussion of the midyear budget and police deployment, which will be _
heard on May 7th. Commissioners, do you have any preference on May 7th as to
beginning the morning with the issue of deployment; in the afternoon the issue
of budget, or vice versa?
Commissioner Dawkins: No, I don't.
Commissioner Plummer: If you're asking my opinion, I would like...
Mayor Suarez: What makes more sense to go first?
Commissioner Plummer: I would like to start the meeting at one o'clock...
Mayor Suarez: OK. The meeting to start at one o'clock. Why don't we
start...
Commissioner Plummer: ... so that we all have the right to make a living in
the morning.
Mayor Suarez: ... why don't we start on the issues of deployment and then go
to budgeting, and I have a feeling the two are going to merge.
Vice Mayor Alonso: Yes.
Mayor Suarez: But we'll schedule it that way. One and two, please.
Commissioner Plummer: Yeah, whichever one you want
Vice Mayor Alonso: 1:00 p.m., then.
Mayor Suarez: Yes.
Vice Mayor Alonso: OK.
Mayor Suarez: As long as it's a special session, why don't we make it 1:30,
please.
Commissioner Dawkins: OK.
Commissioner Plummer: That's fine.
Commissioner Dawkins: Great. Great.
Mayor Suarez: Item 36.
205 April 2, 1992
n,
0
Commissioner Plummer: Thirty-five.
Vice Mayor Alonso: Thirty-five is yours?
Mayor Suarez: Thirty-six.
Commissioner Plummer: Thirty-five is yours.
Mayor Suarez: Yeah. No, I'm merging that into that discussion. I don't have
anything further. I am going to get a report on the special programs and
account, but...
48. CLASSIFY UP TO 7 SURPLUS POLICE PATROL SPECIFICATION CARS AND/OR
MOTORBIKES AS CATEGORY "A" STOCK, SHOULD THEY BECOME AVAILABLE AS
SURPLUS CITY STOCK -- TO BE DONATED TO THE CITY OF WEST MIAMI (OFFER TO
BE EFFECTIVE MAY 9, 1992 - MAY 8, 1993) IN SUPPORT OF EFFORTS TOWARD
DETERRING CRIME.
------------------------------------------------------------------------------
Vice Mayor Alonso: Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor Alonso: I think we should listen to...
Mayor Suarez: Oh, Mayor Reboredo. I'm sorry.
Vice Mayor Alonso: ... Mayor Reboredo at this time, please.
Mayor Pedro Reboredo: Mr. Mayor, Commissioners. This is in reference to a
request like we had last year about some police cars or bikes.
Mayor Suarez: The City of West Miami is making some police cars available to
us?
Mayor Reboredo: Vice versa. Vice versa.
Mayor Suarez: That's not the way it is?
Mayor Reboredo: The other way around. The rich people help the poor people.
That is,...
Mayor Suarez: You would not want to quantify the per capita, per household
income of West Miami against that of the City of Miami, Mr. Mayor.
Mayor Reboredo: Well, we'll do it up after the meeting. I would like to
modify this...
Mayor Suarez: Over drinks.
206
April 2, 1992
Mayor Reboredo: ... if we may...
Vice Mayor Alonso: Yes, please. Go ahead.
Mayor Reboredo: ... to say, "A resolution classifying up to seven surplus
police patrol specification cars as category "A" stock, or motorbikes."
Vice Mayor Alonso: OK.
Mayor Reboredo: And/or motorbikes. A combination of all, "should such cars
become available, or motorbikes, as surplus City stock, further donating the
same to the City of West Miami, Florida, such classification and donation to
be valid and effective between May 9, 1992 and May 8, 1993; upon the execution
of the appropriate release documents, said vehicles to be used by the City of
West Miami, Florida in its efforts towards deterring crime."
Vice Mayor Alonso: OK. So moved.
Mayor Suarez: It has a limitation...
Vice Mayor Alonso: Seven.
Mayor Suarez: ... on the number, right? Seven.
Mayor Reboredo: Yes.
Vice Mayor Alonso: Seven.
Mayor Suarez: All right. So moved.
Commissioner Plummer: Well, but it's on those that might be declared surplus.
Mayor Reboredo: That's right.
Commissioner Plummer: Correct.
Vice Mayor Alonso: It's an extension of what they had. Yes.
Mayor Reboredo: Right. I just wanted to add a combination of bikes.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any further discussion? If not, please call the
roll.
11
El
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-236
A RESOLUTION CLASSIFYING UP TO SEVEN (7) SURPLUS
POLICE PATROL SPECIFICATION CARS AND/OR MOTORBIKES AS
CATEGORY "A" STOCK, SHOULD SUCH CARS AND/OR MOTORBIKES
BECOME AVAILABLE AS SURPLUS CITY STOCK; FURTHER
DONATING THE SAME TO THE CITY OF WEST MIAMI, FLORIDA,
SUCH CLASSIFICATION AND DONATION TO BE VALID AND
EFFECTIVE BETWEEN MAY 9, 1992 AND MAY 8, 1993, UPON
THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS,
SAID VEHICLES TO BE USED BY THE CITY OF WEST MIAMI,
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 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.
Mayor Reboredo: Thank you very much.
Mayor Suarez: Mr. Mayor, good to see you.
49. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE REQUIREMENT FOR
COMPETITIVE SEALED BIDDING -- APPROVE PURCHASE OF 4 MOTOROLA GENESIS STX
821 PORTABLE RADIOS WITH ENCRYPTION CAPABILITY AND THE CITY OF MIAMI
TRUNKING ID SYSTEM 151A FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS,
INC. (for Department of Fire, Rescue and Inspection Services).
Mayor Suarez: Item 36. Competitive sealed bids and approving the purchase of
four portable radios of a description included in our packet. I'll entertain
motion. Total cost of fourteen thousand five hundred forty-eight.
Commissioner Plummer: Move it.
Mayor Suarez: Moved. Commission Awareness Commissioner recommends it.
Obviously by moving.
208
April 2, 1992
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Vice Mayor. Any discussion? If not, please call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-237
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
FOUR (4) MOTOROLA GENESIS STX 821 PORTABLE RADIOS WITH
ENCRYPTION CAPABILITY AND THE CITY OF MIAMI TRUNKING
I.D. SYSTEM 151A FROM MOTOROLA COMMUNICATIONS AND
ELECTRONICS, INC., AT A PROPOSED TOTAL COST OF
$14,548.00, THE SOLE PROVIDER OF THIS EQUIPMENT FOR
THE DEPARTMENT OF FIRE, RESCUE AND INSPECTIONS
SERVICES; ALLOCATING FUNDS THEREFOR FROM THE 1991-92
OPERATING BUDGET, ACCOUNT CODE NO. 280701-850;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor 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.
209 April 2, 1992
---------------- --------- --------- -----------------------------------------
50. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE REQUIREMENT FOR
COMPETITIVE SEALED BIDDING -- APPROVE ACQUISITION OF MAINTENANCE
SERVICES FOR AN IMTEC 35MM MICROFILM CAMERA (ON A CONTRACT BASIS FOR ONE
YEAR), FROM INFORMATION MANAGEMENT OF FLORIDA (for Department of
Planning, Building & Zoning).
------------------------------------------------------------------------------
Mayor Suarez: Item 37. Ratifying and approving the City Manager's finding of
sole source, etcetera.
Commissioner Plummer: You know, I get upset about sole sources.
Mayor Suarez: Proposed annual cost of seven thousand eight hundred and sixty.
Commissioner Plummer: You can justify this, right?
Mr. Odio: Yes. And we called, by the way, Jamesh Services to try to get them
to, and they don't have this equipment. They told us flat out they don't have
it. So we did contact somebody else after you brought up the, why the sole
source. And the name of Jamesh Services was mentioned, we did contact them,
and they said no.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
210 April 2, 1992
1
-1f$4
i
f
_ The following resolution
moved its adoption:
wr
was introduced by Commissioner Plummer, who
RESOLUTION NO. 92-238
_i A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
_i CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE;
j WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS
AND APPROVING THE ACQUISITION OF MAINTENANCE SERVICES
`i FOR A IMTEC 35MM MICROFILM CAMERA ON A CONTRACT BASIS
i FOR A PERIOD OF ONE (1) YEAR FROM INFORMATION
MANAGEMENT OF FLORIDA, THE SOLE SOURCE PROVIDER FOR
THIS SERVICE IN SOUTH FLORIDA, AT A PROPOSED ANNUAL
COST OF $7,960.00 FOR THE DEPARTMENT OF PLANNING,
BUILDING AND ZONING; ALLOCATING FUNDS THEREFOR FROM
THE 1991-1992 OPERATING BUDGET, ACCOUNT CODE N0.
560402-670-421001; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID SERVICE AND THEREAFTER TO
EXTEND SAID CONTRACT AT THE SAME PRICE, TERMS AND
,1 CONDITIONS, FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS,
SUBJECT TO THE AVAILABILITY OF FUNDS AND AN ANNUAL
`I WRITTEN FINDING BY THE CHIEF PROCUREMENT OFFICER,
CONFIRMED BY THE CITY MANAGER, THAT INFORMATION
MANAGEMENT OF FLORIDA IS THE SOLE SOURCE FOR SAID
ii SERVICE.
(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: Commissioner Miller J. Dawkins
ABSENT:
None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: No, I do not believe this is a sole source.
Vice Mayor Alonso: Yes, with regrets.
Commissioner Plummer: God help them if I find out it's not a sole source.
211 April 2, 1992
51. AMEND RESOLUTION 91-206 (WHICH ALLOCATED A $7,000 GRANT TO COCONUT GROVE
FAMILY HEALTH CENTER, INC. TO COVER COST OF ROOF REPAIRS AT VIRRICK PARK
AND ITS REVEREND THEODORE GIBSON COMMUNITY CENTER RECREATION
BUILDING) -- RESCIND ALLOCATION OF SAIL' GRANT -- APPROVE MANAGER'S
FINDING THAT ROOF REPAIRS WERE AN EMERGENCY AND IN AUTHORIZING AWARD OF
REPAIRS TO PINO-FONTICIELLA AND ASSOCIATES, INC.
Mayor Suarez: Item 38. Amending resolution No. 91 etcetera...
Commissioner Dawkins: Move it.
Commissioner Plummer: You know, I've got to ask some questions on this one.
Mayor Suarez: Coconut Grove Family Health Care Center.
Commissioner Plummer: Mr. Manager.
Mayor Suarez: Coconut Grove Family Health Center, rather.
Commissioner Plummer: This is not a City operation.
Mr. Odio: Yeah, but the building... We own...
Commissioner Plummer: It's in a City park, and it would seem like to me...
Mr. Odio: We own the building.
Commissioner Plummer: ... that they're existing there free of charge, if I'm
not mistaken. And the least they could do is keep up the wear and tear and
maintenance on the building. Damn! I mean, you know, to give them more than
rent-free. Why can't they pay? I mean, they get an allocation of money.
Mr. Odio: Well, let me explain. I'll make it simple. You passed a
resolution on February 28, 1991 giving them a one-time waiver of the
maintenance requirement in effect for the tenancy of Virrick Park and its
recreation building known as the Reverend Theodore Gibson Community Center,
and you gave them seven thousand dollars. What we did is we went ahead and
repaired in lieu of giving them this. It's about the same money, six thousand
fifty. In fact, we...
Commissioner Plummer: How long are they there under the contract that they
have?
Mr. Odio: I don't know. How long? They are on a month -to -month basis.
Commissioner Plummer: Well, then supposedly we give them notice to vacate?
Mr. Odio: Why would you do that?
Commissioner Plummer: No, I... Listen, I think that clinic is a great thing.
212
April 2, 1992
Mr. Odio: OK. Good.
Commissioner Plummer: OK? But, damned if it's a county...
Mayor Suarez: The ultimate question. What problem do you have with these
folks being there?
Commissioner Plummer: No, Mr. Mayor. Hey, they get a source of funds like we
do. All right?
Mayor Suarez: It would be nice to get some pass -through for...
Commissioner Plummer: Damn if I don't think they can at least pay for the
roof.
Mayor Suarez: It is an incredibly important service being rendered...
Commissioner Plummer: It is that.
Mayor Suarez: ... to people who are marginally able to pay. In fact, they're
not, and it's part of what government does. It's not typically local
government, but...
Commissioner Plummer: OK. Go ahead.
Mayor Suarez: All right. We have a motion and a second. Do we, Madam City
Clerk?
Vice Mayor Alonso: Yes.
Mayor Suarez: Call the roll, please.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-239
A RESOLUTION AMENDING RESOLUTION NO. 91-206, ADOPTED
MARCH 14, 1991, WHICH ALLOCATED AN AMOUNT NOT TO
EXCEED $7,000 AS A GRANT TO THE COCONUT GROVE FAMILY
HEALTH CENTER, INC. FOR SAID TENANT'S OPERATION OF A
HEALTH CLINIC, TO COVER THE COST OF ROOF REPAIRS AT
VIRRICK PARK AND ITS RECREATION BUILDING KNOWN AS THE
REVEREND THEODORE GIBSON COMMUNITY CENTER ("CENTER"),
SAID GRANT BEING A ONE-TIME WAIVER OF ROOFING
MAINTENANCE REQUIREMENTS IN EFFECT FOR THE TENANCY OF
THE COCONUT GROVE FAMILY HEALTHY CENTER, INC., THEREBY
RESCINDING THE ALLOCATION OF SAID GRANT TO THE COCONUT
GROVE FAMILY HEALTH CENTER, INC.; RATIFYING, APPROVING
AND CONFIRMING, BY A FOUR -FIFTHS AFFIRMATIVE VOTE OF
THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC
HEARING, THE ACTION OF THE CITY MANAGER IN FINDING
THAT THE EXTRA ROOFING REPAIRS AT SAID CENTER TO BE AN
EMERGENCY AND IN AUTHORIZING THE AWARD OF SAID REPAIRS
TO PINO-FONTICIELLA & ASSOCIATES, INC., IN THE AMOUNT
OF $6,050, WITH FUNDS THEREFOR ALLOCATED FROM THE
PROPERTY AND LEASE MANAGEMENT SPECIAL REVENUE FUND,
PROJECT NO. 113010, AS PREVIOUSLY APPROVED BY
RESOLUTION NO. 91-206, ADOPTED MARCH 14, 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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Plummer: You know how much the County would have to pay if they
didn't have this facility? A fortune.
214 April 2, 1992
s
52. (Continued Discussion) EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL
REVENUE FUND: SOLID WASTE REDUCTION: RECYCLING AND EDUCATION
(FY192) -- APPROPRIATE $571,401 CONSISTING OF RECYCLING PROGRAM GRANT
FROM STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION (See
labels 12 & 15).
A. Quinn Jones III, Esq.: Mr. Mayor. As a reminder from this morning, on
that item dealing with recycling we never read, it's an emergency ordinance
accepting...
Commissioner Dawkins: I move it.
Commissioner Plummer: Which one?
Mayor Suarez: OK.
Mr. Jones: This is the recycling. We passed a resolution this morning that
Commissioner Dawkins introduced relative to accepting the money, but we have
to have the ordinance which establishes the fund.
Mayor Suarez: OK. Was that a numbered item, or was that an item that had to
be brought up...
Commissioner Dawkins: We brought it up, the Manager wanted it.
Commissioner Plummer: What are we technically doing on that?
Mayor Suarez: OK. So moved by Commissioner Dawkins.
Commissioner Plummer: I'll second it for discussion. What are we doing by
accepting this grant?
Commissioner Dawkins: It's a continuation, J. L. We've accepted it each
year, this is the last one. The Federal government, State gives us this money
to introduce you to recycling and then they're going to cut it off, and this
is the last time we are going to get it.
Commissioner Plummer: OK. Then I guess my comment is more important than I
realized. What is it costing us to do in-house, the pickup of recyclables?
When I say that, I mean the cost to pick them up, where we possibly can recoup
some money for the recyclables themselves, not even the aluminum?
Commissioner Dawkins: No, no. J. L., let me...
Commissioner Plummer: They're not paying anything for aluminum?
Commissioner Dawkins: No. No. J. L., let me give you a better one than
that, now so you can be well informed. We now, with this half million
dollars, have to go... We're not collecting Citywide. Tell him, Mr. Manager.
215 April 2, 1992
Mr. Odio: We're not.
Commissioner Dawkins: We have to go collect Citywide, yet.
Commissioner Plummer: OK. Well, even then...
Mr. Odio: Let me answer the question, if I may.
Commissioner Plummer: No, no. Let me come down. You're telling me we're not
getting anything for aluminum?
Mr. Odio: We're not getting anything. I mean...
Commissioner Plummer: OK. All right.
Mr. Odio: It deducts from the weight or however. No, no. Honestly, you get
reduction from the weight... The tonnage we pay the County.
Commissioner Plummer: Al right. The point I'm trying to come to, Mr.
Manager, do you have any idea what it is costing us today...
Mr. Odio: Yes.
Commissioner Plummer: ... to pick up the recyclables?
Mr. Odio: By house, no. I know we have twenty-one...
Commissioner Plummer: Per house.
Mr. Odio: We have twenty-one people. The equipment that we have is free. We
bought it through grants, but you have the fuel and so forth. We do have
twenty-one people doing that. Just for about three quarters of the City.
Mr. Ron Williams: A little more than half.
Mr. Odio: A little more than half of the City of Miami.
Commissioner Plummer: All right. The point I'm trying to make, and you're
leading me far afield.
Mr. Odio: I hope so.
Commissioner Plummer: Well, maybe... Hope so.
Mr. Odio: Because we don't know...
Commissioner Plummer: There is a contract existing with Dade County which was
to be made available to all municipalities in Dade County to pick up
recyclables at a dollar and fifty-seven cents per household per month.
Commissioner Dawkins: But, J. L.,...
Commissioner Plummer: Now, OK.
216 April 2, 1992
Commissioner Dawkins: Wait now. Wait. Let me add something to it...
Commissioner Plummer: Sure. Please.
j Commissioner Dawkins: But they also got the money that the State of Florida
gave, and that agency has the money, like this five hundred thousand dollars
that we got, the County gave them whatever they got, and they still are
charging the households a dollar and seventeen cents, or whatever it is, on
top of the grant.
Commissioner Plummer: Well, my understanding is...
Commissioner Dawkins: Am I right, Mr. Manager?
Mr. Odio: They are charging the households for picking up recyclables. And
we don't.
Commissioner Plummer: OK. My question is, they had to make that available to
every municipality and guarantee 1t for, I don't know, five or ten years.
Mr. Odio: Five years is my understanding.
Commissioner Plummer: Without any increase. Have we looked into it? Would
we be better off if we utilized that contract or are we better off doing it in
house? That's my bottom line. I am asking you to come back with some kind of
an answer that it cost us inhouse to do it "X" dollars per month, per truck,
per house as opposed to if we went to this private company that is this
County's contract.
Mr. Odio: OK. we'll bring it back in the Commission meeting of May. Is that
OK?
Vice Mayor Alonso: When?
Commissioner Plummer: That's fine.
Mr. Odio: May, May.
Commissioner Plummer: I am concerned, as Commission Dawkins says, this is the
last grant of money, OK.
Vice Mayor Alonso: The 14th?
Mr. Odio: May 14th.
Commissioner Plummer: We're only doing it for a little over half of the
households, as I am told and I am assuming by your comments that we're going
to have to go 100 percent of the households.
Mr. Odio: We have to go to 100 percent. We have to.
Commissioner Plummer: All right. This Commission has not been disposed to
any kind of increase in garbage fee, OK. So I think you better start coming
up, as Macu says, with some imaginative ideas of how your going to do this
217 April 2, 1992
revenue. So I can't imagine that we're doing it for $1.57 a household per
month.
Mr. Odio: Well I can't compare because we only have 21 people. We only have
half, a little more than half the City. We can tell you what it's costing us
now in partially but not completely.
Commissioner Plummer: Mr. Manager. The only thing I am asking, sir, is ...
Mr. Odio: Well come back.
Commissioner Plummer: ... come to me. Back to this, not me, to this
Commission with comparison.
Mr. Odio: I will bring it back.
Commissioner Dawkins: And when you come back, Mr. Manager, be able to tell me
if we are collecting the recyclables from the condominiums and the other
private haulers, or if the private haulers are collecting it themselves.
Mr. Odib: My understanding is the private haulers are not even doing ...
Nobody is doing that.
Mr. Ron Williams: Right. We are not at this point, Commissioner Dawkins,
doing any commercial pickups. The County is looking at it. They have not
started that program.
Commissioner Dawkins: No, no, no, no, no. Who picks up the recyclables at
the places where we pick up the trash and the private haulers pick up the
garbage? Who picks up the recyclables?
Mr. Williams: To my knowledge no one.
Mr. Odio: In fact Commissioner I went to a ...
Commissioner Dawkins: No one.
Mr. Odio: ... I went to Brickell's homeowners association meeting and they
ask me about recycling because ... and I talk to demand from their ... whoever
they're paying, that they want recycling.
Mayor Suarez: There are some towers that have it.
Mr. Odio: Because they want to do it. But the County will enforce it I think
at one point here.
Mr. Williams: The County has passed an ordinance, I understand, to be
effective by July 1st.
Mayor Suarez: Universally effective .
Commissioner Plummer: Jesus. My God they used to pay for paper. They use to
pay for tin cans.
218 April 2, 1992
Mayor Suarez: OK. Do we have a motion and a second I believe. Call the roll
please.
Mr. Jones: We need to read the ordinance.
Mayor Suarez: Read the ordinance.
Commission Awareness supervisor.
AN ORDINANCE ENTITLED -
Cal the ro11. It is recommended by
AN EMERGENCY ORDINANCE, WITH ATTACHMENTS, ESTABLISHING
A NEW SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE
REDUCTION: RECYCLING AND EDUCATION (FY'92)11;
APPROPRIATING FUNDS FOR THE DEVELOPMENT AND
IMPLEMENTATION OF SAME IN ACCORDANCE WITH SECTION
403.706(4), FLORIDA STATUTES, IN THE AMOUNT OF
$571,401, CONSISTING OF A RECYCLING PROGRAM GRANT FROM
THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL
REGULATION, IN ACCORDANCE WITH THE STATE OF FLORIDA
SOLID WASTE MANAGEMENT GRANT RULE 17-716 AND SECTION
403.7095 FLORIDA STATUTES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner 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 Dawkins and seconded
by Commissioner Plummer, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10968.
219 April 2, 1992
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.
Commissioner Dawkins: And the reason I recommend it is that we got to ....
Mr. Manager, I need to put on the record, the reason I recommend we take this
money is that if we don't take the money we still got to pick up the
recyclables.
Commissioner Plummer: You better believe it.
Mr. Odio: It is mandatory. Yes sir.
Commissioner Plummer: You know I was just asking the question, which I find
hard to believe, that they are not paying anything for aluminum cans, yet I
see these guys everywhere in the street with grocery carts collecting the
aluminum cans.
Commissioner Dawkins: But see they know we have to ... they know you got a
dump in jail so they say "hey I am taking it off you hands."
---------------------------------------------- -------------------------------
53. GRANT REQUEST BY OPERASYON SOVE JE (OPERATION SAVE EYES) FOR CLOSURE OF
DESIGNATED STREET CONCERNING ITS MARATHON EVENT, SUBJECT TO APPLICANT
COVERING ALL PERTINENT CITY COSTS.
------------------------------------------------------------------------------
Mayor Suarez: OK. The Save Your Eyes Foundation, Item 39. Sove Je, is that
how you pronounce that?
Mr. Camille Merilus: Good afternoon Mr. Mayor. Good afternoon Commissioner.
Good afternoon everyone.
Mr. Odio: They were here before.
Vice Mayor Alonso: Yes, and we sent it to you for a recommendation.
Mr. Odio: We told him we would agree with the street closure. That we could
not agree with the cash grant.
Mayor Suarez: We can give you the street closures, but you have to pay for
all services. The organization has to pay.
Mr. Odio: And he said he wanted to come back so I said fine.
Mayor Suarez: But go ahead and give us your name and address and make your
presentation.
Mr. Merilus: My name is Camille Merilus from Operation Save Eyes and the
address is 7536 N.E. 1st Avenue and my phone number is 751-8022. So as you
know Mr. Mayor, Vice Mayor and Honorable Commissioners we started that
organization almost a year ago but it grew too fast so that we can not do what
220 April 2, 1992
we are suppose to do because we don't have money to do it. So first of all I
am coming before you to ask you, personally, if you can allocate whatever cash
money to us that would keep us running, that would keep us doing the good work
that we are doing now. So I see five thousand bucks in a letter to the Mayor
because I believe that if we stop that a lot of people will suffer from that.
See, so that is why we made that request to the City, to the Commissioners.
Mayor Suarez: The foundation is directed at eye disease. What is the
foundation directed at? What do you plan to use the proceeds for.?
Mr. Merilus: Director. That's myself. My wife and I got five other ...
Mayor Suarez: But the foundation is a nonprofit foundation, right.
Mr. Merilus: Nonprofit. Yes.
Mayor Suarez: And what is the purpose of it? To benefit what?
Mr. Merilus: To stop people from going blind. We are doing work ... we are
people now, Mr. Mayor, we have people, Honorable Commissioners, who think that
the ... just had to give away their driver's licenses and now they start
getting back on the road because of our work.
Mayor Suarez: Do you know ... what is the national organization that gives a
lot of money to this area? Is it ah ...
Commissioner Plummer: The Republican Party.
Mayor Suarez: ... Is it Rotary or Kiwanis? Lions, Lions, Lions. Have you
talked to the Lions Club International?
Mr. Merilus: I spoke to them. They say they can not do anything for us.
Mayor Suarez: This is not their ...
Mr. Merilus: All I am asking for is a couple of thousand of bucks that we
can, we can pay for our rent, for our utilities, for things that could keep us
running. We have to go from one eye doctors offices to another one with
people to get work done for them and ...
Mayor Suarez: But this is municipal government we're a City we're not the HRS
(Health & Rehabilitative Services), we're not Dade County Health, we're the
City of Miami which has no direct health component whatsoever. Bascom Palmer
Institute you know which, by the way, was rated number one in the country by
US New and World Report last year. OK. As to the street closures do you want
us to give you that ...
Mr. Merilus: Yes.
Mayor Suarez: ... in the hope that you can get your own financing? You have
to convince them that you have the ability to pay for all the services before
you do that.
Mr. Merilus: Oh, Oh what about the police, Mr. Mayor?
221 April 2, 1992
Mayor Suarez: The whole bit, everything you need. They can work with you to
try to keep it to a minimum so it isn't as perhaps as much as they initially
estimated, which usually is the way it works. They reduce it. They compress
it. You can negotiate that but you ultimately have to pay it. It's the best
we can do. Not every City in the United States, in fact, probably no City in
the United States gives organizations that are starting off the use of the
street for free, but you got to provide the services. We're the only one, I
think, that does this on a regular basis for any organization. That's the
best we can do.
Mr. Merilus: So Mr. Mayor what about for the organization by itself, to keep
us running and do the work that we are doing?
Mayor Suarez: That's not what the City does. It's not in our Charter, it's
not in our budget. We can not support organizations to be involved with
improving the eye sight or preventing eye disease or blindness. That's just
not what this Commission is charged with doing by the City Charter, and as it
is, we already have taxes at a level to high so people are not able to live in
the City and that's creating a problem. You know, migration out of the City.
Mr. Merilus: Yes.
Mayor Suarez: OK.
Mr. Merilus: So the City is going to take care of the police for us right?
Mayor Suarez: Just the street closure is all we can give you. Do you want
that or do you want to wait and see if you even need that?
Commissioner Plummer: Well, why don't you approve it subject to him meeting
the other criteria.
Mayor Suarez: You might want to consider doing something a lot easier, which
is to use a park or some other City facility that cost a few hundred dollars
.._ to rent and, in fact, usually we, we might waive that as opposed to closing
the street, which involves all kind of services.
Vice Mayor Alonso: That makes sense.
Commissioner Plummer: I got to tell you Mr. Mayor.
Mayor Suarez: At least for your first meeting. Then another year or your
first gathering. Another year as your organization gets bigger.
Commissioner Plummer: I think we're getting in a dangerous situation of
closing these street for parties. It's not only impractical, it's dangerous.
Mayor Suarez: Yes.
Commissioner Plummer: And I am getting ...
Mayor Suarez: So if you want to think that over and check with the
Administration there's someone here probably from Parks that can tell you what
222 April 2, 1992
AdOL
may be available, you know, and we might even waive the rent for the use of _
the park. OK.
Mr. Merilus: Anyway, for now, I'll take the street closures. Since this is
all you can give.
Mayor Suarez: OK. He knows, Mr. Lieutenant Longueira and Mr. Manager, what
he'd have to show, by way of ability, to run this event 1f we do give him the
street closures. It's obviously premised on his ability to ...
Mr. Odio: He, knows.
Mayor Suarez: I'll entertain a Motion on that. My Vice Mayor Alonso moved
it.
Vice Mayor Alonso: Yes I so move. Street closure.
Mayor Suarez: Commissioner Plummer?
Commissioner Plummer: Yeah.
Mayor Suarez: Call the roll.
The following motion was introduced by Vice Mayor Alonso, who moved its
adoption:
MOTION NO. 92-240
A MOTION GRANTING REQUEST RECEIVED FROM REPRESENTATIVE
OF OPERASYON SOVE JE (OPERATION SAVE EYES) FOR STREET
CLOSURE OF 62 STREET ON N.E. 2 AVENUE TO BISCAYNE
BOULEVARD, 54 STREET TO N. MIAMI AVENUE AND BACK TO 62
STREET IN CONNECTION WITH ITS "OPERATION SAVE EYES
MARATHON," SCHEDULED FOR SUNDAY, JUNE 7, 1992 FROM
5:00 P.M. TO 8:00 P.M. IN LITTLE HAITI; SUBJECT TO
PAYMENT OF ALL APPLICABLE COSTS.
Upon being seconded by Commissioner Plummer, 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.
223 April 2, 1992
-----------------------------------------------------------------------------
54. GRANT REQUEST BY PUERTO RICAN CULTURAL FOUNDATION, INC. FOR CLOSURE OF
DESIGNATED STREETS CONCERNING ITS PUERTO RICAN DISCOVERY DAY PARADE --
WAIVE ALL FEES ALLOWED BY CODE -- CANCEL A $4,500 CITY LOAN, PLUS ALL
INTEREST DUE, SUBJECT TO APPLICANT PAYING FOR ALL PERTINENT CITY COSTS
AND REQUIRED INSURANCE.
------------------------------------------------------------------------------
Mayor Suarez: Item 40. Puerto Rican Cultural Foundation.
Mr. Odio: Yeah. Mr. Mayor we do recommend this. This was something that the
Commission wanted us to do. To take aside the loan that he .... to cancel the
loan so that he could use the cancellation to pay for his service.
Vice Mayor Alonso: I so move.
Mayor Suarez: So moved.
Commissioner Plummer: Well who's the loan with?
Mr. Odio: With them. With the Puerto Rican ah ...
Commissioner Plummer: With who?
Mr. Odio: Discovery Day Parade.
Commissioner Plummer: The City or the International Trade Board?
Mr. Odio: No. No, with the City.
Commissioner Plummer: The City.
Vice Mayor Alonso: It's the same money that was given before. Instead of
paying it they can pay it to continue to use.
Mr. Odio: Instead of paying it back he's going to use it.
Mr. Luis de Rosa: I am going to use it to pay the police.
Commissioner Plummer: Well we make a loan to you also.
Mr. de Rosa: No, no you gave a grant for a ... you sponsored a dinner.
Mr. Odio: In other words ...
Commissioner Plummer: OK.
Mr. de Rosa: That's different, separate and apart.
Mr. Odio: You are not adding the ...
Mr. de Rosa: We're not yeah ...
224 April 2, 1992
Vice Mayor Alonso: We're not adding any costs.
Mr. de Rosa: No. Not any costs ...
Vice Mayor Alonso: It's the same forty five hundred.
Mr. de Rosa: This money is going to be used to pay the police and fire of the
City of Miami for that ...
Vice Mayor Alonso: So it's maintaining the same amount of money.
Mr. de Rosa: It's the 22nd of November. All we ask you for is the
cancellation of it, and of course, the request for the street closure, and
waiver of all fees allowable by City Codes, which amount to a couple of
hundred bucks, from what I understand. By the way the street closures only
about 45 minutes to an hour. It's not very long.
Mayor Suarez: When did we approve the granting of the loan for forty-five
hundred? Was that in this fiscal year, last fiscal year?
Mr. Frank Castaneda: No. That was last year.
Vice Mayor Alonso: Last year, and it's the same amount that instead of paying
it back and they are using it again.
Mr. de Rosa: For City services, not to be used for anything else, and we work
very well with the City of Miami Police and we work very well with the Fire
Department and we employ ... Yeah. It's very successful. No incidents by the
way, you know. We get a lot of exposure. The City of Miami got a lot of
exposure.
Vice Mayor Alonso: Just give him a chance. He's going to second it. That is
you.
Commissioner Plummer: I did second it.
Mr. Castaneda: I am sorry, Mayor, it's 11/1/92. So it's this fiscal year.
Vice Mayor Alonso: OK, so that is it.
Mayor Suarez: Yeah. I have to be consistent. I voted against it because we
just can't ...
Mr. de Rosa: My name is Luis de Rosa representing the Puerto Rican Cultural
Foundation which, by the way, it is a 501C3 now.
Vice Mayor Alonso: He voted against you?
Mr. de Rosa: He always votes against me. I don't know why, man.
Mayor Suarez: Well, I have to be consistent. We can't afford one; we can't
afford any.
225 April 2, 1992
Vice Mayor Alonso: I thought you had voted for him.
Mr. de Rosa: Well yeah, but this is ...
Commissioner Plummer: He's a dirty guy. That's why.
Mr. de Rosa: But this is different in nature.
Commissioner Plummer: Bool Hissl
Vice Mayor Alonso: That it goes back to the City so it does not really ...
Mayor Suarez: I am trying to beat some of the "tacano" Commissioners here.
OK, we have a motion.
Commissioner Plummer: That's right.
there we can borrow do you?
Mr. de Rosa: No.
You don't happen to have a piano up
Vice Mayor Alonso: You do? You can do better around here.
Mr. de Rosa: Maybe. I need to get one then.
Mayor Suarez: Do we have a second?
Vice Mayor Alonso: Yes. Yes. We have a motion and a second.
Mayor Suarez: Wait. Things are going well for you don't mess it up. Move to
second. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-241
A RESOLUTION RELATED TO THE PUERTO RICAN CULTURAL
PARADE TO BE CONDUCTED BY THE PUERTO RICAN CULTURAL
FOUNDATION, INC. ON SUNDAY, NOVEMBER 22, 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 ALL FEES RELATED TO
SAID EVENT THAT ARE ALLOWED TO BE WAIVED BY CITY CODE;
FURTHER CANCELLING A $4,500 CITY OF MIAMI LOAN, IN THE
FORM OF A PROMISSORY NOTE DATED NOVEMBER 1, 1991, PLUS
ALL INTEREST DUE TO DATE ON SAID NOTE; CONDITIONED
UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF
CITY SERVICES ASSOCIATED WITH SAID EVENT AND OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED
BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
226 April 2, 1992
- 1 ?
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
NOES: Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: See I like you so much I am almost going to vote favorably.
Mr. de Rosa: Did he say no or yes?
Vice Mayor Alonso: He said yes.
Mayor Suarez: No, I have to say no.
Mr. de Rosa: All right. So thank you, Commissioner.
Mayor Suarez: Item 41 Gladys ...
Vice Mayor Alonso: No, no. Withdrawn and 42 as well.
------------------------------------------------------
55. PERSONAL APPEARANCE: MANUEL GONZALEZ-GOENAGA TO DISCUSS ALLEGED POLICE
BRUTALITY.
------------------------------------------------------------------------------
Mayor Suarez: Item 43. Withdrawn.
Commissioner Dawkins: 42 withdrawn.
Vice Mayor Alonso: I can't believe it.
Mayor Suarez: He's not here.
Commissioner Dawkins: He was here.
Mayor Suarez: He certainly was here.
Commissioner Dawkins: Here he's coming in the door.
Mayor Suarez: There we go. Item 43, Mr. Gonzalez-Goenaga.
Mr. Manuel Gonzalez-Goenaga: Excuse me. I think I asked in a letter for all
Commissioners to be present.
Mayor Suarez: I believe that letter was received by my office but that's all
y' you can do is ask. Now proceed to make your presentation.
227 April 2, 1992
r
f7
Mr. Gonzalez-Goenaga: Number two, I also asked to have the name of the
police, of the Cuban policeman, that have committed to be present and I
specified their names: Frank Chacon, Alfredo Vega, Jorge Garcia.
Mayor Suarez: Well, the Manager who appoints the Chief and who is the
ultimate executive administrative authority in the City, is here, so he'll
hear and Assistant Chief Marsh and Raul Martinez are here so your ... you got
plenty of brass.
Mr. Gonzalez-Goenaga: I hope that this is not a mockery. That you consider
this and you ...
Mayor Suarez: You are right on that point. Proceed, Mr. Castaneda, when you
can work that out afterwards please so that we can get this done.
Mr. Gonzalez-Goenaga: Yes. It's to get it done. Yet ... yes, I know that
you want to get rid of me. You don't even want for me to come here.
Mayor Suarez: Not literally, sir.
Mr. Gonzalez-Goenaga: I am dating back now to October 16, 1990. When I was
arrested for disorderly conduct. When I went to trial it cost me $3,500 in
legal fees plus other expenses, the aggravation and then on the trial I was
acquitted for disorderly conduct. Yet Frank Chacon, Officer Frank Chacon and
Officer Alfredo Vega committed perjury, because if you read their depositions,
which I have given to you, and you read the trial transcript which I offered
to the Internal Affairs ... but, what happens? Nothing. Then since that day
I was told by a friend of mine that a group of Cuban policemen, and take note,
the Anti -defamation League and I think ... so you are wearing two hats today
Mr. Suarez. That the anti the Cuban anti -defamation league is very important
so I hope that you sue me. Mr. Mas Canalla and the rest of the group. I was
told by a friend of mine, and I am not going to mention his name, that the
Cubans ... a little ... a group of Cuban policeman was going to follow me and
drain me and try to screw me up. I say, OK, that's their privilege. Since
then you have my police record. I have made many complaints. Nothing
happens. Everybody is cleared. In other words I am an imposter. I am a big
liar, and I am nuts. If you read one of the reports I don't have any facts
whatsoever. Now I am going to put on the record and I am now going to read my
testimony before the National Association for the Advancement of Colored
People that were conducted November the 13th, the day after Officer Gutierrez
said to me, "I am going to cut your testicles." I have been threatened also
by Officer Jorge Garcia, the cocky Cuban policeman. He was going to murder me
and I have said that before. The next day he goes and does it again, on a
Saturday. He files a ticket and he follows me, and we are supposed to combat
crime. My fellow Commissioners, members of the bureaucracy and of the Police
Department. Every single Cuban officer of those people should be totally
embarrassed. My feeling is that the Police Department is to protect the
citizens, not to abuse and harass. Police brutality is not only physical,
with a stick and a gun, and that is very widely known in this town, and there
are plenty of cases. I requested more than a month ago a list of cases and
Quinn Jones, III, said to me this morning that he answered that letter, and I
called him a liar. Then I left, I went to the City Attorneys Office and I
talked to Rita, face to face, and please tell me, Rita, has this letter ever
228 April 2, 1992
been answered? He said, not that I know. So somebody is lying, and Quinn
Jones is laughing. Besides, we have a Major who claims and said to me because
two policemen came over this morning to take me out because I should not say a
liar. Well I am going to call you, Mr. Suarez, and I have the evidence, take
a note again for the Anti -defamation Cuban League that you not only are a
liar, you have made treason to this community. I very well remember your
words of Jose Marti on the day of your inauguration. I would love to ... ME
GUSTARIA ... QUIERO ESTAR ... CON LOS POBRES DE ESTA TIERRA, QUIERO YO MI
SUERTE ECHAR. You are a cynic. You are a hypocrite and I beg you one day,
because I never bother anybody. I went to your house because the night I was
threatened to death by Officer Jorge Garcia and then I left a note and then
you told me the next day here that you don't want me in your house. Mr.
Suarez I wish that what I've been through since October 16, 1990 will not
happen again. Not only that. You have or you have had police protection that
is costing the citizens more than $300,000 a year, and here I am without any
police protection by police abuse, and I do not drink, I am not a drug dealer,
and I come and I don't have to tell you from a well to do family, and I am not
talking about money. I am talking about prestige, surely. To continue, as I
said before, and I am going now to respond to you your words some words that
have never been mentioned here or by the Anti -defamation League. Jose Marti's
words, "Let's put morality first," and the problem is there can not be
morality and integrity at the Police Department when there is no set of
example from some of this Commissioners. When you go and say lies as a
politician, but that's part of the ballgame, Mr. Suarez, you are not giving
the example to the police. You have also threatened me many times here, so
you have given, Mr. Suarez, a blank check and authority for the police to
follow me. Then you told me that I could not in an emergency go to your
house. I have to control myself because, again, another lie and you people,
some of you, Commissioners, and in the Administration, Mr. Odio. This
Administration as far as ... and I have been coming here for more than a year
and a half. This Administration are the masters of deceit. I have said here
before if you want to steal City Hall, the whole building, go ahead and do it,
but please tell the people. As long as there is full disclosure and there is
not half truths these I do not trust government. I have to admit that, and if
I do not trust and I have the evidence, how can I trust the people who work
for you who are paid by the citizens? The Police Department the biggest
budget goes to the police. Now we have a NET (Neighborhood Enhancement Teams)
issue. But I have to admit and this comes from the bottom of my heart that I
feel more secure in Overtown and Liberty City and in the Haitian community
than with the police in the City of Miami, and I am not lying. So, if this
happens to a clean-cut individual, can you imagine what has happened in the
Wynwood community? And then when I am included here on Item 43 to discuss
alleged police brutality, your going to tell me, Commissioners, that the
person who prepare ... my letter was not to discuss alleged police brutality.
That is another deceit to the community, because if you people want to try to
hide that there is police brutality, then something is wrong with the system.
I encourage Mr. Quinn Jones if there is so many cases of police brutality to
please, at least, write me a letter telling me that it will take "X" amount of
months to tell me the court case number. I go to court and make ... and make
the necessary investigation, but citizens united against police brutality.
When I was organized because there is a motivation. Where is Mr... King
Suarez, Mambo King? You see? No respect whatsoever. To this individual, how
can I respect Mr. Suarez, and I know what's going on in this City Hal 1. I
don't blame the police sometimes that there is no integrity or morality
229 April 2, 1992
because there is no integrity because as I said the previous time there are
criminals within the Police Department. Assassins everybody knows that, and
then they include here there is alleged police brutality. In other words,
this is a farce. I think that as long as this farce continues there 1s no
money for anything, and yet all of a sudden in three days $300,000 are raised
for the reelection of Mr. De Yurre. You see? So don't come here to the
citizens and say that there is no money in town when in three days more than
$300,000. Where did they come from? Please I would like to find that "POZO,"
petroleum, I didn't know that there was petroleum in Miami. There was a ....
as I will call the sugar harvesting. Where does the money come from? Then I
call here, a personal appearance, to have a campaign financing reform and
these, except with a few Commissioners, nothing is done. They want to
continue the "COJIOCA," which is a word similar to "CIFARRA." Since Mr.
Plummer didn't know "CIFARRA" well ...
NOTE FOR THE RECORD: At this point, Commissioner Plummer
showed the Ralph Renick Way codesignation sign to members of
the Commission.
----------------------------------------------------------------
Vice Mayor Alonso: He knows now.
Mr. Gonzalez-Goenaga: ... "COJIOCA" is more or less the same thing.
Vice Mayor Alonso: He understands the meaning of the word.
Mr. Gonzalez-Goenaga: Well, so there is money for whatever this
administrations wants to do, and then we have to ... this NET, my God heavens!
Can I see, do you think, that I, in my heart, can face, or that these
policemen when they raise up in the morning and they deny that Jorge Garcia
has told me that he was going to murder me, that Gutierrez tells and denies
that he said to me that he was going to cut my testicles, and you don't pay
attention. Look, people more by motivation. I have abandoned other things
... and I have said in this statement before the National Association for the
Advancement of Colored People, that as long as I have one blood, one "gota
de"... of blood in my veins, I will continue raising hell against the Cuban
mafia of the police. Because it's a mafia, and let me tell you something to
finish. I want also to put in the record, because the Herald is a sin here
with the Mayor, an editorial that appeared in the "Diario las Americas" that
says democracy, the free elections, the seriousness and the honesty of the
government. So I hope all Commissioners pay attention. I am going to give
one to each, because this is the essence. They come with good intentions.
I'm not talking about all the Commissioners. But then they betray and they
become involved with the "cojioca" with the rich gangsters of this town. Here
are for the record. And Mr. Suarez, I have read your article regarding free
speech also. Another hyprocisy. Another cynism of yours that appeared in the
"Miami Mensual." So why don't you complain that one of the fellows told you
that you are marionette of Mr. Mas Canosa. You are worse than a marionette.
You are worse than that. And I am not going to mention the word because I
think it will be, it's going to be the truth, not insulting. So please take
this situation very, very serious. Otherwise, and I have said it here before.
If this not solved, and these policemen are not brought under oath, because
230 April 2, 1992
A
what they do - internal affairs. I wonder - Yes, and that lieutenant laughing
because that's the only - the cojioca because this a farce also.
Mayor Suarez: Finish your statement, Mr. Gonzalez-Goenaga.
Mr. Gonzalez-Goenaga: My statement is that the internal affairs should be
totally disbanded, because they only accept general statements by the phone,
and one of the report says that we could not even contact me. Oh, come on,
and these people, how much they earn? I'm going to... Then, there is no
respect to me when I write letters to the Mayor regarding Howard Gary, the
"cojioca" of Howard Gary and many other things. They don't even care to
answer. What? Are you too busy, Mr. Mayor? And I have heard that we have
also prostitution in City Hall, besides "santeria." So, this is a note for
the anti-defammation group and then to finish. I think I have a right to
speak here, more than Mr. Suarez, more than Mr. Victor De Yurre. I'm going to
explain why and I'm going to put it into the record. And against all these
rats, Cuban rats, policemen. The ones I have mentioned for one particular
reason. We, Puerto Ricans, have fought communism way while you people were
being corrupted in Cuba, because during the Korean war, it was because of
communism and more than five thousand Puerto Ricans gave their lives to combat
communism and we have not suffered communism. And I'm going to put also into
the record the words of General Douglas MacArthur regarding the Puerto Rican
fighters. And what we have with these Cuban rats policemen, the ones I have
mentioned and I have to exclude the rest, I would love to pay their trip to
Cuba. To be a real "macho" against Fidel Castro. Not against me or Mr.
Randon and the other abusive conducts of Clemente after this fellow handcuffed
a lot of... and it's a normal practice that, and I heard it when I was
arrested, did he go to the hospital? What does that mean? He has to go
because the police say yes, we want to finish. You stole, and you
, you laugh because you don't care. And I'm going to finish
that. I have to say that I am going to join because this is a mockery and you
are laughing, Lieutenant. You see, so I am going to try to make a big
demonstration of my brother Haitians and the black community through Johnny
McMillan. Yeah, you continue laughing because you are sucker.
Mayor Suarez: No, sir. That's it. That's the completion of your statement.
If you want to just make a final...
Mr. Gonzalez-Goenaga: Violence will explode here unless you do something
about it.
Mayor Suarez: Have a seat.
Mr. Gonzalez-Goenaga: And if you don't believe me, I am a big liar and
imposter, right? The Police Department...
Mayor Suarez: Have a seat, Mr. Gonzalez-Goenaga.
Mr. Gonzalez-Goenaga: ... are the proven... Let me put the words of General
MacArthur about the Puerto Rican people. And let...
Mayor Suarez: Say the words of General MacArthur. That could always be
edifying.
231 April 2, 1992
'0 0
Mr. Gonzalez-Goenaga: Yeah. No, because you come back...
Mayor Suarez: The words of General MacArthur. That might be...
Mr. Gonzalez-Goenaga: We should... The civil rights. My civil rights.
Mayor Suarez: What were the words of General MacArthur you were going to
put...
Mr. Gonzalez-Goenaga: No, no. They're going to be in the record.
Mayor Suarez: All right.
Mr. Gonzalez-Goenaga: I don't lie when I make a statement.
Mayor Suarez: I think you're probably going to say "I shall the return" in
which case...
Mr. Gonzalez-Goenaga: Hypocrite. Cynic.
Mayor Suarez: That's not General MacArthur's quote. All right. Have a seat.
Mr. Gonzalez-Goenaga: Well, no, no. You are worse than that.
Mayor Suarez: Have a seat, sir. I don't think any of it is worth responding
to,...
Mr. Gonzalez-Goenaga: Yeah, yeah.
Mayor Suarez: ... but I do want to say, once again, to your attacks on our
Police Department...
Mr. Gonzalez-Goenaga: Yeah, no, they are angels
Mayor Suarez: Have a seat, sir! You're out of order.
Mr. Gonzalez-Goenaga: Why don't you order my arrest? I might as well... I
don't give a damn. Until you pay for it, one way or the other.
Mayor Suarez: Mr. Gonzalez-Goenaga, you are obviously itching for it, but...
Mr. Gonzalez-Goenaga: Yeah, well you know because it's EL CALLO ME LO HAN
PISADO A MI ESTOS CANALLAS RATAS DE LA POLICIA.
Mayor Suarez: Mr. Gonzalez-Goenaga, please, just have a seat. In fact, I'm
not even going...
Mr. Gonzalez-Goenaga: Yeah, you don't care because you are protected by those
rats.
Mayor Suarez: Sir. That's it.
Mr. Gonzalez-Goenaga: No, it will not be the end.
232 April 2, 1992
Mayor Suarez: Mr. Gonzalez-Goenaga.
Mr. Gonzalez-Goenaga: I'm going to take action.
-------------------------------------------------------- ---------------------
56. GRANT REQUEST BY BELAFONTE TACOLCY CENTER FOR CLOSURE OF DESIGNATED
STREETS CONCERNING THEIR AIDS AWARENESS JAMBOREE.
- ------ ------------------------------ ------------------------------------------
_ E
Commissioner Plummer: What's the next item?
Mr. Odio: Forty-four.
Vice Mayor Alonso: Forty-four.
Commissioner Plummer: Belafonte Tacolcy Center.
Mr. Gonzalez-Goenaga: Nothing will be done.
Mayor Suarez: Sir.
Commissioner Plummer: The Aids Awareness Jamboree.
Mr. Odio: We recommend it.
Commissioner Plummer: What are they looking for?
I
Mr. Odio: We recommend the...
-� Vice Mayor Alonso: Street closures. _
3 Mr. Odio: ... street closures from...
Commissioner Plummer: I move item 44.
i
j Mayor Suarez: So moved.
-� Vice Mayor Alonso: Second.
j Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
233 April 2, 1992
The following resolution was introduced by Commissioner Plummer, who
- moved its adoption:
RESOLUTION NO. 92-242
A RESOLUTION APPROVING THE PARTIAL CLOSURE OF STREETS
AND THOROUGHFARES DURING THE AIDS AWARENESS JAMBOREE
TO BE CONDUCTED BY THE BELAFONTE TACOLCY CENTER ON
APRIL 25, 1992 BETWEEN THE HOURS OF 11:00 A.M. AND
1:00 P.M., SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION
SERVICES; 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 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.
------------------------------------------------------------------------------
57. PLEDGE UP TO $5,000 DONATION IN SUPPORT OF HTE MARJORY STONEMAN DOUGLAS
ART EXHIBITION TO BE CONDUCTED BY THE CENTER FOR VISUAL COMMUNICATIONS,
INC. -- SUBJECT TO SAID PLEDGE BEING EQUALLY MATCHED BY CITY OF CORAL
GABLES AND METROPOLITAN DADE COUNTY, AND THAT DADE COUNTY SCHOOL BOARD
PLEDGE AN AMOUNT DOUBLE THAT PLEDGED BY THE CITY OF MIAMI.
------------------------------------------------------------------------------
Mayor Suarez: Item 45.
Commissioner Plummer: Mr. Manager, what do you recommend on 45?
Mr. Cesar Odio: Denial of funding due to budget constraints. They are
requesting ten thousand dollars.
Commissioner Plummer: What is it for, sir?
234 April 2, 1992
f
Mr. Odio: It's to a nonprofit organization to support this year's Marjory
Stoneman Douglas Invitiational Art Exhibition to be held in Coral Gables. I
would suggest he goes and sees a friend of yours called Jack Eads who has
money than we have.
Commissioner Plummer: You really know how to hurt a guy, don't you?
Mr. Odio: You keep bringing how much money he's got.
Vice Mayor Alonso: For the record, that's the most beautiful poster. Thank
you very much for the poster. It's really beautiful. I really appreciate it
and I'm sure the rest of my...
Mayor Suarez: All right. Please.
Commissioner Plummer: Why did you get a copy of it?
Vice Mayor Alonso: Yes. You did, too.
Commissioner Plummer: I didn't get a copy of it.
Vice Mayor Alonso: Oh, I'm sure you did. I'm sure you did.
Unidentified Speaker: I have one upstairs.
Commissioner Plummer: What am I supposed to do? Go upstairs and look at it.
Vice Mayor Alonso: But if not, I did. They know I appreciate beautiful
things.
Mr. Barry Fellman: Barry Fellman. 2539 South Bayshore Drive. I'm here on
behalf of the Center for Visual Communication, which is putting on the second
annual Marjory Stoneman Douglas Invitiational Art Exhibition. The Center is a
nonprofit arts and educational organization that's associated with the New
j World School of the Arts. The Exhibition, of course, honors Miss Douglas'
tireless efforts to preserve and restore the Everglades, which is the keystone
of our water supply and of our lifestyle here in Miami and South Florida.
We're also celebrating our hundred and second birthday, which will be on April
7th. The Exhibition will be open free of charge to the public from April 4th
to May 22nd...
Commissioner Plummer: Mr. Mayor.
Mr. Fellman: ... and in conjunction...
Commissioner Plummer: A dollar for every matching dollar he gets from the
Gables. Will that fly?
Vice Mayor Alonso: Maybe.
Commissioner Plummer: Mr. Mayor, let me try a motion.
Douglas has been as part of this Miama as I have.
Commissioner Dawkins: She's a part of Miami.
235
Marjory Stoneman
April 2, 1992
Commissioner Plummer: Miama. Even more so because she is a hundred and one
years of age, and what she has brought to this community can't be measured in
dollars. And I understand my loud mouth Manager who said that it's in the
Gables. I would like to make a motion at this time that this Commission
donate one dollar for every matching dollar that the City of Coral Gables
gets, not to exceed five thouand dollars.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
Mr. Fellman: Could I make one comment? I'm also going to request funds from
Dade County. Would you mind including Dade County?
Commissioner Plummer: Sure. Hell, yes. Yes.
Mayor Suarez: No, but mathematically you don't mean to increase our match?
Vice Mayor Alonso: No.
Commissioner Plummer: No.
Vice Mayor Alonso: Up to.
Mr. Fellman: Why don't... I'm requesting ten... I have a deficit of thirty
thousand dollars. We...
Commissioner Plummer: You got a problem.
Mr. Fellman: Right. The Exhibition runs - is sixty-eight thousand.
Mayor Suarez: Wait till I tell you about my deficit before April 15th.
Commissioner Plummer: Sir, the max you can get out of us is five. You can
try...
Mayor Suarez: I love this. I have a deficit of thirty thousand dollars.
Commissioner Plummer: ... to get a matching five out of the Gables and five
out of Dade County. God bless you.
Mr. Fellman: And Dade County schools. Include them, right?
Commissioner Dawkins: And maybe Miami Beach will make it for five, too.
Commissioner Plummer: I doubt it. They're...
Mr. Fellman: The reason I say Dade County schools is because we're producing
a brochure that will be distributed through the middle schools with the
information that's on the back of the poster.
236 April 2, 1992
Commissioner Dawkins: All right. Then the school board should double what we
give.
Commissioner Plummer: That's for sure.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Call the roll while you're ahead.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-243
A RESOLUTION PLEDGING AN AMOUNT NOT TO EXCEED $5,000
IN SUPPORT OF THE MARJORY STONEMAN DOUGLAS
INVITATIONAL ART EXHIBITION TO BE CONDUCTED BY THE
CENTER FOR VISUAL COMMUNICATIONS, INC., APRIL 4-MAY22,
1992; STIPULATING THAT SAID PLEDGE BE MATCHED IN EQUAL
AMOUNTS BY THE CITY OF CORAL GABLES AND BY
METROPOLITAN DADE COUNTY AND THAT THE DADE COUNTY
SCHOOL BOARD PLEDGE AN AMOUNT DOUBLE THAT OF THE
AMOUNT PLEDGED BY THE CITY OF MIAMI; CONDITIONED UPON
COMPLIANCE WITH ANY CONDITIONS OR 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 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.
237 April 2, 1992
0
58. URGE CITY MANAGER TO PROCEED TO SELECT AND NEGOTIATE WITH THE SUCCESSFUL
COMPANY IN CONNECTION WITH CONSTRUCTION AND OPERATION OF A CITY OF MIAMI
SOLID WASTE COMPOSTING FACILITY, SUBJECT TO SUCCESSFULLY NEGOTIATING
FROM THE COUNTY PERMISSION FOR THE PROCESSING OF A MINIMUM DESIGNATED
AMOUNT OF TONS OF GARBAGE PER DAY.
Commissioner Plummer: We got one more item. 47.
Mr. Odio: Two items.
Commissioner Plummer: No, 47. What else?
Commissioner Dawkins: They got 46.
Mr. Odio: And 48.
Commissioner Plummer: 48 has already really been... Queenie. You told me 48
had basically already been handled.
Mr. Jones: I didn't put it on.
Commissioner Plummer: Huh?
Mr. Jones: I didn't...
Mayor Suarez: Let's wait until we get to 48 and see what interest anyone has
in 48, Mr. Commissioner Plummer, please. 46.
Vice Mayor Alonso: It's withdrawn.
Mayor Suarez: 47, then.
Commissioner Plummer: Solid waste. Mr. Manager. Hello. What are you doing
with 48?
Mr. Cesar Odio: Let me, just for background and he will get...
Commissioner Plummer: 47.
Mr. Odio: 48 or 47?
Commissioner Plummer: Compost.
Mr. Odio: Composting is 47. What happened is we had a selection committee
- ready to get people appointed, but we had one stumbling block was the County.
The County has the right to all disposing of garbage and waste and they said
no, at first. Then we started negotiating with them and we were hoping to get
three hundred tons a day that we could dispose of. As of right now, if I'm
told different, there is talk of one hundred and twenty-five tons per day and
that's where we are today. But we already sent letters... Go ahead.
238 April 2, 1992
Mr. Ron Williams: Well, at this point the County has firmly agreed verbally
and we're finalizing the interlocal agreement with them.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Williams: No, it's at fifty at this point.
Commissioner Plummer: What do you mean? Fifty what?
Mr. Williams: Tons. OK? And what they want to do, obviously, 1s to see it
work. I genuinely believe that. We met with the County Manager's and the
County Attorney's office, and I think they want it to work. Certainly, we've
got as a part of that interlocal agreement, I believe, the option to extend
that upward as we begin to get the project going.
Commissioner Plummer: Well, it...
Vice Mayor Alonso: That amount is ridiculous.
Commissioner Plummer: Is the outfit...
Vice Mayor Alonso: It's a joke.
Mr. Odio: But the problem with that is you cannot invest a fortune on a plan
to only process fifty tons.
Commissioner Plummer: The people that talked to me are going to possibly
invest fourteen million dollars.
Mr. Odio: So how can they do that based on fifty tons a day?
Vice Mayor Alonso: They can't.
Commissioner Plummer: They can't.
Mr. Odio: They cannot. That's the problem we have with the County.
Mr. Williams: Our total tonnage that we believe that we've got the County to
go with at this point is twenty or twenty-five percent annually, which could
get up to about fifty thousand plus tons on an annual basis. If we're getting
that interlocal agreement, which the County has verbally...
Commissioner Plummer: We have have two hundred thousand tons?
Mr. Williams: ... agreed to go with us, we can gradually move that up, and
certainly that will give any investor an incentive to move it forward. At
this point, Commissioner Plummer, Vice Mayor, we don't really have the full
authority with our corporation of Dade County to divert our waste away from
their control.
Commissioner Plummer: Yeah, but I don't see it.
239 April 2, 1992
Vice Mayor Alonso: But this is an emergency, and we can create the emergency
by ways of saying we don't have the money. This is an emergency, and in fact
we don't have the money. This is an emergency and we have to go to the County
and say, this is an emergency. Meaning economic.
Mr. Odio: I guess we're saying if we are going to move the County, we need
the City Commission to...
Commissioner De Yurre: Well, are we sure that legally we can't do anything
about it? Because we talk and sometimes we assume things that are not.
Mr. Odio: Well, no.
Mr. Williams: We met, along with our City Attorney's staff, with the County
Attorney's staff and...
Vice Mayor Alonso: Can we pass a resolution and send it to the County saying
that we have an emergency, an economical emergency and then lobby the County
to see if they will work with us to increase this amount, because this doesn't
make any sense and we're wasting money.
Commissioner De Yurre: They are going to say they have the same emergency.
Mr. Odio: Well, if you can get...
Mr. Williams: Vice Mayor.
Mr. Odio: Yeah.
Mr. Williams: Excuse me.
Vice Mayor Alonso: We're wasting money.
Mr. Williams: Vice Mayor, they're willing to work with us.
Vice Mayor Alonso: They are not. Fifty is not acceptable.
Mr. Williams: Well, let me... Wait. Let me get the numbers right. Let me
get the numbers right for you so that you fully understand. Our total annual
tonnage is approximately two hundred and fifty thousand tons. OK? And that's
split a little bit more than fifty, fifty. About one -thirty, one -twenty. OK?
They have tentatively agreed to support a facility that does about fifty
thousand tons annually. OK? Which, you know, really is about twenty, twenty-
five percent of our total. OK?
Mr. Odio: We pick up two hundred and fifty thousand tons of garbage a year.
Mr. Williams: On an annual basis, that's what I'm saying.
Mr. Odio: Out of that, we pay the County sixty-two dollars a ton?
Mr. Williams: Well, it's fifty-four and...
Mr. Odio: Fifty-four plus a year.
240 April 2, 1992
i
Mr. Williams: Right. And forty-five. Depends upon where take it.
Commissioner Dawkins: How much will a composting center cost?
Commissioner Plummer: Fourteen million.
Mr. Odio: From what I understand, it's fourteen million dollars. Right?
Mr. Williams: Right. Right now, we're in the process of...
Commissioner Dawkins: It's twenty million dollars. OK?
Mr. Odio: Fourteen. Fourteen.
Commissioner Dawkins: Twenty million dollars. Now who's going to invest
twenty million dollars on the strength of picking up fifty tons of garbage
a...
Mr. Odio: They cannot, Commissioner.
Mr. Williams: Fifty thousand tons.
i
_i Commissioner Plummer: They're not.
Vice Mayor Alonso: They can't.
Commissioner Dawkins: Then they can't do it. They can't do it.
Vice Mayor Alonso: That's absurd.
Commissioner Dawkins: Now what is the possibility, Mr. Manager, of having
whatever it is changed in the legislature?
Mr. Odio: We would have to change, from what I understand - I am not a
lawyer - the home rule giving them the rights to all disposals of garbage.
Commissioner Dawkins: OK. But the home rule also is governed by the State
rule.
Mr. Odio: Yes. You would have to go to Tallahassee and change that law.
Vice Mayor Alonso: Yeah, but it says that if you prove that you have an
emergency...
Mr. Odio: Yes.
Vice Mayor Alonso: ... then it can be changed.
Mr. Odio: Well...
Vice Mayor Alonso: We have an emergency...
Mr. Odio: ... may I suggest...
241 April 2, 1992
2
LA
Vice Mayor Alonso: .0. because we don't have money. That to me is an
emergency.
Commissioner Plummer: That's a crisis.
Vice Mayor Alonso: That's a crisis.
Mr. Odio: Maybe...
Vice Mayor Alonso: Let's talk to the Governor.
Mr. Williams: Well, may I...
Vice Mayor Alonso: This is a crisis.
Mr. Odio: Maybe if you appointed a group from you to meet with the County
Commission and ask them to pass a resolution saying they will support that we
get three hundred tons a day. We need three hundred tons a day minimum from
what I understand.
Vice Mayor Alonso: OK. Whatever it takes.
Mr. Williams: Three hundred tons a day.
Mr. Odio: We need three hundred tons a day...
Commissioner Dawkins: A day? You just told me...
Mr. Odio: Three hundred. We need three hundred a day, and they are allowing
us fifty.
Mr. Williams: Well, no, no, no. It's more like two hundred, Mr. Manager.
I'm sorry. Two hundred tons a day or fifty thousand a year. Yeah. Around
fifty, fifty-two thousand a year.
Mr. Odio: We need to go up to three hundred, is that right?
Commissioner Dawkins: I would like...
Mr. Williams: Right.
Commissioner Dawkins: ... to see us recommend to our legislative person that
he contact the State legislature just to see where we are and what can be done
while you're negotiating with the County so that if it falls through, we still
are prepared to go ahead...
Vice Mayor Alonso: Exactly.
Commissioner Dawkins: ... to try get some changes.
Mr. Odio: That's a good idea, and also if some of you would put the pressure
on the County Commission to give us this room. Because they're now talking
about going to seventy-four or seventy-five dollars a ton next year.
242 April 2, 1992
- - - -
Vice Mayor Alonso: Imagine. We would really have an emergency. =-
Commissioner Dawkins: They're not going to give you anything because they
want to charge you the seventy-five dollars, Mr. Manager.
Mr. Odio: Yeah, I know. I know that.
Commissioner Plummer: Yeah, but you see the problem -is that the people I
talked to from the Texas outfit, you're not even saying to me, which is one of
the most important factors, is that they'll do our tonnage for thirty-eight
dollars a ton.
Mr. Odio: Yes.
Commissioner Plummer: That's what they're starting out at, and I told them
that was an insult because they were going to use my property. That it had to
be a lot less, but that's...
Mr. Odio: Well, I don't think we can enter...
Commissioner Plummer: ... just accepting that at thirty-eight dollars a ton
even today is a savings. A hell of a savings.
Vice Mayor Alonso: Oh, yes! Tremendous savings.
Mr. Odio: Yes. May I suggest that I ask your permission to do this. That we
continue the process of picking the best company, with the selection process,
subject to us obtaining from the County at least the three hundred tons a day.
So that at least we have that gain.
Vice Mayor Alonso: OK. Yes, we could do this. Also, we should really very
diligently work with the County because it states very clear - and we have
gone over this and not with Mr. Quinn Jones, but with Mr. Fernandez before
many, many times - over that issue of the emergency, and in fact, we have an
emergency.
Mr. Odio: We can show the emergency especially...
Vice Mayor Alonso: Of course. And they cannot...
Mr. Odio: What they can do to the budget for next year. It could really hurt
us bad.
Vice Mayor Alonso: We are on solid grounds, I'm sure, if we insist that this
is an emergency. And it is.
Commissioner Plummer: Well, let me tell you my only concern, Mr. Manager.
There's a number of companies out there that do this work and a number of
companies that have different methods and different end results. For example,
I was told that there was a company that could grind garbage, trash and all of
that in one operation. Because I want to tell you right now, sir, your
operation in my neighborhood of trying to get my people to separate the trash
from the others, they're going to tell you in no uncertain terms you're out of
your mind. OK? It's impossible.
243 April 2, 1992
Mr. Williams: Well, Commissioner Plummer, the Grove really has worked with us
pretty well.
Commissioner Plummer: OK. All I'm saying to you, following up. To go ahead
and proceed to start getting all the information you can, but to me, just as
important is that the companies that you're looking at produce the end results
that we're looking for.
Vice Mayor Alonso: Yes.
Commissioner Plummer: This one company, Mr. Manager, I was told can take that
aggregate, I guess is the word, and make blocks out of it.
Vice Mayor Alonso: That's very important.
Mr. Williams: Commissioner Plummer, I must tell you also that certainly that
concept is out there. The same concept that you're talking about is what
failed at Agripost in North Dade. OK?
Commissioner Plummer: OK.
Mr. Williams: Certainly people are continuing to work on it, and it's
possible. I just want to you that that's the same...
Commissioner Plummer: I am no expert, sir. I just know that I've been told
there's a lot of different processes out there. There's a lot of different
companies out there and I don't want to be limited to just the fact that we're
getting rid of, but we're actually in fact getting something accomplished.
Mr. Williams: We think that we've received responses to our RFP (request for
proposals) from four good companies. Like the Manager says, we would like to
proceed with that process. We have asked each of your offices, by letter from
the Manager, to give us additional names because we've come up with about five
people that are willing to serve in various areas and we would like your input
if there are other that you would like to name. We're tentatively planning to
have that committee meet April 12th of this month. Certainty we can change
that and delay that if there are additional people that you would like to have
us put on the committee.
Commissioner Plummer: Yeah, that's going to be really difficult because April
the 12th is on a Sunday and I don't know of anybody that wants to meet on a
Sunday.
Mr. Williams: Is it April 12th? OK. Then I have that off some place.
Mr. Odio: We need five names from the Commission.
Vice Mayor Alonso: Whatever date that you have.
Mr. Williams: Maybe it's April 15th.
Vice Mayor Alonso: Now what do you need from us? That we move that you can
continue to proceed with...
244 April 2, 1992
Mr. Odio: The process.
Mr. Williams: Right.
Mr. Odio: Give us the name of your appointment to the selection committee.
Vice Mayor Alonso: OK.
Mr. Odio: Each one of you.
Vice Mayor Alonso: OK. To send you the names.
Mr. Odio: Yes, please.
Mr. Williams: Right.
Vice Mayor Alonso: OK.
Mr. Williams: We have some names already that the Manager gave you in his
correspondence. If there are others that you would like to add to that group,
please give them to us, we will write to them and ask them to meet with us and
help us with this project.
Vice Mayor Alonso: Do we have to take any action now, then?
Mr. Williams: Well,...
Vice Mayor Alonso: Resolution to...
Mr. Odio: To continue the selection process.
A. Quinn Jones III, Esq.: Yes.
Vice Mayor Alonso: ... continue... OK. I so move. They need that we take a
vote on allowing them to continue the process of negotiations so that they can
complete the selection process.
Mr. Odio: But I wanted to ask him a question. I should ask on the record.
If we go on with the selection process and we do not obtain from the County
the three hundred tons a day, are we liable to those companies that are
bidding?
Commissioner Dawkins: Not if you put that in the bid.
Vice Mayor Alonso: Well, in the negotiations with...
Mr. Jones: No. You could make that a condition...
Vice Mayor Alonso: They will not take it, let's be serious.
Commissioner Dawkins: Subject to. Subject to, Mr. Manager.
245 April 2, 1992
Vice Mayor Alonso: They will not be able to invest fourteen million when they
cannot do this...
Mayor Suarez: Yeah, it should be...
Commissioner Plummer: The question is, did you...
Mayor Suarez: ... conditioned on that happening.
Commissioner Plummer: ... guarantee in the RFP any amount of minimum tonnage?
Mr. Odio: We said three hundred tons a day.
Mr. Williams: Right, but by no means did we give them the indication they're
going to have the entire City's trash...
Vice Mayor Alonso: Well, we have to say provided that the County allows us to
do so.
Commissioner Plummer: Did you, in any way, indicate that there would be three
hundred thousand tons minimum?
Commissioner Dawkins: A year.
Commissioner Plummer: If you did...
Commissioner Dawkins: If you did...
Vice Mayor Alonso: If the RFP read that way, yes it is.
Commissioner Plummer: If you did, I think you're liable.
Commissioner Dawkins: That's right.
Mr. Williams: I don't believe that's in the...
Commissioner Plummer: You better check it because I think a good question has
been raised.
Vice Mayor Alonso: But, just a minute. Just a minute.
Mr. Williams: I will double check it.
-j Vice Mayor Alonso: Just a minute. In order to be approved, it will have to
come to us for approval.
Mr. Odio: Oh, yes.
Mr. Williams: Let me say to you that we have four companies that have...
Vice Mayor Alonso: Until we take a vote, it's not final.
Mr. Williams: Vice Mayor, we have four companies that are very interested in
continuing this process to see what we can...
i
246 April 2, 1992
i
Commissioner Plummer: Well, you tell them four companies that they all are
contemplating using Virginia Key.
Mr. Williams: No, they're not.
Commissioner Plummer: They're not?
Mr. Williams: Not all of them, no.
Commissioner Plummer: Well...
Mr. Williams: There is no guarantee that they can use Virginia Key.
Commissioner Plummer: They're all contemplating using my property.
Mr. Williams: We were no that specific.
Mayor Suarez: Well...
Commissioner Dawkins: Somewhere. Somewhere they are. Somewhere.
Vice Mayor Alonso: But even if they do seventy-five down to thirty-eight,
it's quite a savings for the City of Miami.
Mayor Suarez: Or their own lands.
Mr. Williams: That is certainly an option.
Commissioner Plummer: I want you to tell them, there ain't no free lunches.
Mayor Suarez: Hey, they got it.
Vice Mayor Alonso: Please. It's a tremendous savings.
Mayor Suarez: If it's zoned for it...
Mr. Williams: These companies are required to...
Mayor Suarez: If DERM (Department of Environmental Resources Management)
approves it, if the State approves it, then...
Mr. Williams: And they have to obtain all those approvals, Mr. Mayor.
Mayor Suarez: But I am pretty sure they will have to use the land that we're
talking about.
Commissioner Plummer: I've got to go see the new City Manager of the City of
Miami.
Mayor Suarez: Moved on the item. Prior to that particular motion that
Commissioner Plummer just made.
Commissioner Plummer: I'm going to Sarasota.
247 April 2, 1992
Mayor Suarez: City Attorney. City Attorney.
Vice Mayor Alonso: He visited him, too.
Commissioner Plummer: Isn't the new City Manager of the City of Miami in
Sarasota?
Mayor Suarez: Oh, I got you. I got you. All right. On item...
Vice Mayor Alonso: Oh, please don't. OK. Are we going to take a vote?
Mayor Suarez: On item forty...
Vice Mayor Alonso: No, no. We have to vote.
Mayor Suarez: Yeah, on item 46, right. I'm sorry. On item 47, rather.
Vice Mayor Alonso: Yes. Yes.
Mayor Suarez: We have a motion and a second. Do we?
Vice Mayor Alonso: Yes.
Mayor Suarez: Call the roll, please.
The following motion was introduced by Vice Mayor Alonso, who moved its
adoption:
MOTION NO. 92-244
A MOTION URGING THE CITY MANAGER TO PROCEED TO SELECT
AND NEGOTIATE WITH THE SUCCESSFUL COMPANY IN
CONNECTION WITH THE CONSTRUCTION AND OPERATION OF A
CITY OF MIAMI SOLID WASTE COMPOSTING FACILITY, SUBJECT
TO THE CITY BEING ABLE TO SUCCESSFULLY NEGOTIATE
PERMISSION FROM THE COUNTY IN CONNECTION WITH
PROCESSING OF AT LEAST 300 TONS OF GARBAGE A DAY.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
COMMENTS MADE DURING ROLL CALL:
248 April 2, 1992
s
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Commissioner Plummer: Am I voting on a new Cit Manager, or what?
Mayor Suarez: No, just your trip to Sarasota, that we very much want to begin
right away.
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59. DIRECT CITY ATTORNEY TO ALWAYS CONSULT WITH THEM PRIOR TO PAYMENT OF ANY
JUDGMENT AGAINST THE CITY.
------------------------------------------------------------------------------
Mayor Suarez: Item 48.
Commissioner Plummer: Where's Pedrosa?
Vice Mayor Alonso: What are you implying?
Commissioner Plummer: I'm trying to find a new City Manager.
Commissioner Dawkins: He's the City Manager in Fort Lauderdale.
Vice Mayor Alonso: I thought that for a minute this afternoon. Didn't you.
Commissioner Dawkins: All right. What are we going to do on item 48?
Mayor Suarez: Item 48.
Commissioner Plummer: What is there to do? I thought we took care of that in
the last issue with the museum.
Vice Mayor Alonso: Well, not exactly. The memo...
A. Quinn Jones III, Esq.: Yes.
Vice Mayor Alonso: ... responded basically to the request that we made. Now,
this is done and over. I think for any future cases, I think it should be
clearly stated that even if it is a judgment, it should come to this
Commission for approval. We understand that we have to pay, but it should not
be a system up to the Legal Department or the City Manager to make the
payment. It should come to us and for us to say, yes, make the payment and
proceed whatever way we consider. I think it should be up to us to follow
that route and I think it will save us...
Mr. Jones: Well, I need a directive from the Commission if that's the
Commission's wish. I only caution you that when judgments are entered, the
interest starts to run and many items we're not able to get to and I just, I
mean, I have no problem with that.
Vice Mayor Alonso: If that is the case, you be sure that you bring that to
US...
Mr. Jones: OK.
249
April 2, 1992
Vice Mayor Alonso: ... immediately, or even send to us a memo and we'll call
a special meeting.
Mayor Suarez: Yeah. In writing, too, I think would be helpful...
Vice Mayor Alonso: Yes.
Mayor Suarez: ... because the consequences of not accepting it by a certain
date should be stated and then I'll make sure that the special session is
called if we can't take it up at the next meeting.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: We won't get hit by too many judgments now,...
Vice Mayor Alonso: I hope not.
Mayor Suarez: ... Mr. City Attorney.
Mr. Jones: Yeah.
Mayor Suarez: We agree on that. Right, sir?
Mr. Jones: Yeah. I would think so.
Vice Mayor Alonso: We are changing our luck.
Mayor Suarez: That's an old thing. That's an old thing. All right.
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60. RATIFY CITY ATTORNEY'S ENGAGEMENT OF THE GREENBERG TRAURIG, ET AL. LAW
FIRM FOR PROFESSIONAL SERVICES CONCERNING TAX MATTERS INVOLVING
IMPLEMENTATION OF THE CITY'S EARLY RETIREMENT INCENTIVE PROGRAM.
------------------------------------------------------------------------------
Commissioner Plummer: Let me clean up a household item.
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: Mr. Mayor, let me clean up, so that I don't keep
getting hit in the head. Mr. Manager, that item of seven thousand dollars to
Traurig.
Vice Mayor Alonso: Oh, yes. Seventy-five hundred.
Commissioner Plummer: I move that the damn thing be paid. Let it be a lesson
to the Administration, don't ever do it again. I move that it be paid.
Mayor Suarez: So moved.
Commissioner Plummer: Hello.
250 April 2, 1992
Mayor Suarez: That was an item that was...
Mr. Jones: Yeah, I remember. The payment of the bill.
Mayor Suarez: ... for our discussion two sessions ago, I believe, and I
suppose it was pretty much debated at the time. If anybody...
Vice Mayor Alonso: Yeah.
Mr. Jones: Yeah.
Vice Mayor Alonso: I'll second for discussion. I think that it should never
happen again, and I think it did happen, it did happen because I understand
that the Manager needed an opinion and this I was told by the former City
Attorney, that the Manager needed an opinion in August. He was forced to
proceed. He had to and that's why he did what he did. For future cases,
don't do it, because you will have to pay it from your own pocket. If you do,
you will have to pay it yourselves. This is the last time that happens in the
City of Miami. I don't think the City Attorney should take that upon himself
or the City Manager. I think it has to come to this Commission. I don't
think that the Law Office should be penalized and it will embarrass the City
of Miami if we don't pay it, so I will just vote for it, but I'm very
disappointed and I hope this is the last time. At least, I will never, ever
vote for this, and I will move next time that the City Attorney or the City
Manager, or both, divide the bill. Even it's larger than this amount.
Mayor Suarez: So moved and seconded and so provided and explained and
admonished. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-245
A RESOLUTION RATIFYING AND APPROVING THE ENGAGEMENT OF
THE LAW FIRM OF GREENBERG, TRAURIG, HOFFMAN, LIPOFF,
ROSEN & QUENTEL, P.A., FOR SERVICES RENDERED
CONCERNING TAX MATTERS INVOLVING THE IMPLEMENTATION OF
THE CITY'S EARLY RETIREMENT INCENTIVE PROGRAM;
ALLOCATING FUNDS THEREFOR FOR SAID SERVICES IN THE
AMOUNT OF $7,863.90 FROM ACCOUNT NO. 270501-265.
(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:
251 April 2, 1992
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-i AYES: Commissioner Miller J. Dawkins
-j Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
61. (A) AUTHORIZE INCREASE OF $25,000 FOR TEW & GARCIA-PEDROSA FOR LEGAL
COUNSEL CONCERNING TAKING OF DEPOSITION OF DEAN WHITTER AND
FILING OF A MOTION FOR SUMMARY JUDGMENT.
(B) ENGAGE HENRY LATTIMER, WITH FINE JACOBSON LAW FIRM, TO REVIEW
EX -CITY OF MIAMI CHIEF OF POLICE LAWSUIT AGAINST THE CITY --
ALLOCATE UP TO $20,000.
------------------------------------------------------------------------------
A. Quinn Jones III, Esq.: Mr. Mayor.
Mayor Suarez: Yes. Mr. City Attorney.
Mr. Jones: Very quickly. This won't take but a few minutes. There are two
lawsuits pending . Just to give you a brief update on the Watson Island
lawsuit. It was originally scheduled to go to trial last month. However, it
was reassigned to a new judge. The judge reopened discovery, which
necessitates now, because of the discovery being reopened, that we take the
deposition of Dean Whitter, who was the person or the entity that did the
financing arrangements, and what I'd like to do - I discussed with Mr. Garcia -
Pedrosa, that if at all possible that we should file a motion for summary
judgment which I feel very strongly that we may get out on. The bottom line
is that you authorized previously seventy-five thousand dollars. There was an
intense amount of work done to prepare it for trial. It is prepared for trial
but for this and filing the motion for summary judgment. He has indicated to
me that he needs additional funding to get this done and I would strongly
recommend it and urge you to authorize an additional forty thousand dollars.
Mayor Suarez: I was going to say another four hundred dollars or something.
Mr. Jones: Forty thousand.
Mayor Suarez: Forty thousand?
Mr. Jones: Yes.
Mayor Suarez: How about twenty-five thousand?
Mr. Jones: Twenty-five thousand?
Mayor Suarez: See how we can...
Commissioner Plummer: He's already got seventy-five?
252 April 2, 1992
1
Mayor Suarez: That'll make it a nice round...
Vice Mayor Alonso: How much are they suing us for?
Mr. Jones: This lawsuit is worth really about... They are claiming damages of
three hundred million dollars.
Vice Mayor Alonso: Three hundred million?
Mr. Jones: Yes.
Vice Mayor Alonso: Simple.
Mayor Suarez: Make it a nice round hundred thousand dollars spent.
Commissioner Plummer: Hell, I'd rather make him City Manager than pay him
those kinds of fees.
Vice Mayor Alonso: I think you are going into that direction today.
Mr. Jones: Commissioner, you would have to realize. There was an inordinate
amount of work that was done in two months. I have to...
Commissioner Dawkins: That's why we hired him. Because we had a lot of work
for him to do.
Mr. Jones: Yeah.
Commissioner Dawkins: No problem.
Mr. Jones: So if I could get authorization on that.
Commissioner Dawkins: Twenty-five thousand.
Mayor Suarez: All right. Up to twenty-five. Moved by Commissioner Dawkins.
Vice Mayor Alonso: Up to twenty-five thousand.
Mr. Jones: OK.
Commissioner Dawkins: Seconded by Commissioner Alonso.
Mayor Suarez: Seconded by the Vice Mayor. Any discussion? If not, please
call the roll.
253 April 2, 1992
K
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-246
A RESOLUTION CONTINUING THE ENGAGEMENT OF THE LAW FIRM
OF TEW & GARCIA-PEDROSA TO SERVE AS CO -COUNSEL BEFORE
THE UNITED STATES DISTRICT COURT FOR PRE-TRIAL
LITIGATION SERVICES IN CONNECTION WITH THE CASE OF
MIAMI MARINE EXPOSITION, INC. VS. CITY OF MIAMI, CASE
NO. 90-967-CIV-MOORE, WITH AN ADDITIONAL INTERIM FEE
FOR SUCH SERVICES NOT TO EXCEED $25,000.00; SAID
MONIES THEREFOR BEING ALLOCATED FROM THE CITY OF
MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Tell Mr. Joffre not to come here topless. Put hair on.
Vice Mayor Alonso: Do you think that is all the money they will need? Right?
Mr. Jones: Well, if it goes to trial, it's going to be a different story.
There are going to be expenses trying the case.
Vice Mayor Alonso: If it goes to trial, we are in hot water.
Mr. Jones: But I'm very hopeful...
Vice Mayor Alonso: Because of some of the statements.
Mr. Jones: Yes.
Commissioner Dawkins: What is your second one? We have to get out of here.
What is your second one?
Mr. Jones: The second one is the Perry Anderson lawsuit.
COMMENTS MADE AFTER ROLL CALL:
254 April 2, 1992
N
Mr. Jones: The second one, very quickly, as you know at the last...
Mayor Suarez: Mr. Al bo we're so pleased to have you here at City Hall with
your very picturesque attire, hat, smile, not to mention nose. Of course
those of us that have small noses ought to know about that. But, we're almost
finished and then you can party. Yes.
Mr. Jones: Yeah, very quickly. The last regular Commission meeting, I
informed you that the former Police Chief had sued the City, myself and the
former City Attorney. You essentially directed Mr. Knox to prepare an answer
on behalf of these three individuals. I indicated to you the urgency of it.
There was a lot of work to be reviewed and something had to be filed with the
court on Monday. I took it upon myself because Mr. Knox was unable to do what
was needed to be filed with the court and I engaged Henry Lattimer who is a
former judge with Fine Jacobson for forty-five hundred dollars to file a
motion to dismiss. I can still tell you that there was some question before
as to the nature of the conflict. What I did is I went and thoroughly
reviewed the canons of ethics which govern my conduct. The conflict is
essentially one that I will be material witness in the case as Mr. Fernandez.
There are several other lawyers in my office who were consulted and were
involved and privy to the decision to deny Mr. Anderson counsel when he was
Police Chief. The second issue is that under the Florida Bar canons of
ethics, I cannot serve as advocate of Mr. Anderson's interest, i.e., that we
are representing him presently in seven lawsuits, and at the same time provide
a defense in this particular lawsuit. So what I'm asking...
Mayor Suarez: So by filing this lawsuit, he has created a situation where
there is a conflict for you under the canons of ethics and now you cannot
represent yourself and your department and must hire outside counsel and
that's going to cost us more money...
Mr. Jones: Yeah.
Mayor Suarez: ... and all of that to try to prove that he should not have
independent legal counsel in another lawsuit filed by someone else for a
totally different reason. That's why Shakespeare said, "First we'll kill all
the lawyers." It's incredible.
Mr. Jones: And the one thing that I should mention to you is that one of the
allegations in the lawsuit - excuse me, one of the remedies - that he seeks in
the lawsuit is for the court, Federal court, to order the City to provide him
representation in the seven or eight lawsuits, separate representation in the
seven or eight lawsuits that are now pending. But I'm very - and in speaking
with Mr. Lattimer - been informed that we feel very confident that we may be
able to get out of this on summary judgment and I would urge you, plead with
you, to please allow me to continue this representation and bring this to
fruition.
Vice Mayor Alonso: How much are we talking about?
Commissioner Dawkins: Mr. City Attorney.
Mr. Jones: Yes, sir.
255 April 2, 1992
P
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Commissioner Dawkins: We asked Mr. Knox to do this pro bono...
Mr. Jones: Yes.
Commissioner Dawkins: ... and then you went out and hired somebody. Explain
to me why, if Mr. Knox sat here and said he would do it pro bono...
Mr. Jones: The problem...
Commissioner Dawkins: Mr. Knox did not do it, and why you had to go ahead.
Mr. Jones: OK. As I recall, my recollection was the Commission meeting was
of course that Thursday, Mr. Knox was out of town until Sunday evening. I was
not able to communicate with him until Monday morning, which posed a very
serious problem for me, so I took it upon myself to contact Mr. Lattimer.
Commissioner Dawkins: Did Mr. Knox tell you that he could not do it, sir?
That's what I'm asking you.
Mr. Jones: No.
Commissioner Dawkins: Huh?
Mr. Jones: No, when we talked on Monday he did not specifically say, but
given the amount of time that would be needed, because it was not as simple as
just filing an answer with the court. There had to be research done,
testimony reviewed, that type of thing. So at no time did he say that.
Mayor Suarez: The simple expedient of taking whatever money it is that we're
going to spend to represent you in this matter and just paying it to him so he
will go away and not file this lawsuit, that cannot be tried. Because you
still... I mean, I suggested that to you privately...
Mr. Jones: Yeah.
Mayor Suarez: ... and maybe I shouldn't ask you on the record, but you don't
think it's a good idea because it sets some kind of precedent?
Mr. Jones: Well, I think it would...
Mayor Suarez: On the other matter.
Mr. Jones: I think it really would.
Mayor Suarez: Wow. All right. Commissioners, what's your pleasure? I mean,
there's no pleasure in this, but, I mean, what's your...
Commissioner Plummer: Basically what is the bottom line of the request?
Mr. Jones: The bottom line is to authorize me to continue the engagement of
Fine Jacobson to handle this matter.
Commissioner Plummer: At what expense?
256 April 2, 1992
Mr. Jones: Mr. Lattimer has agreed to the customary municipal charge, which I
think we've, if my recollection is - it's a hundred fifty dollars an hour, and
right now I would ask for an equal allocation of perhaps twenty thousand
dollars and see if we can bring this thing to not exceed twenty thousand
dollars, to see if we can bring this to some sort of conclusion.
Commissioner Plummer: All right. Now this is by the ex -Police chief, right?
Mr. Jones: Yes.
Commissioner Plummer: And he is contending what in his lawsuit? What did you
do wrong that he's suing you for?
Mr. Jones: He is contending that the City, myself, Mr. Fernandez have
violated his civil rights and effectively denying him separate legal counsel
upon his request in certain cases which the City represents him.
Commissioner Plummer: All right, and if he loses...
Mr. Jones: If he loses...
Commissioner Plummer: Can we sue him to recover our monies?
Mr. Jones: Well, that's always a possibility. We can counterclaim at this
point. I think the nature of the allegations is such, I have been sued in
both my official and individual capacities, as Mr. Fernandez. However,...
Commissioner Plummer: Well, he's gone. I'm not worried about him.
Mr. Jones: ... he's seeking punitive damages against him. But to answer your
question, yes the prevailing party is entitled to cost and attorney's fees.
Commissioner Plummer: Well,...
Mayor Suarez: Why attorney's fees?
Commissioner Plummer: Huh?
Mr. Jones: The attorney's fees that have been expended...
Commissioner Plummer: If we've got to lay out twenty thousand dollars and we
win, why can't we recover it?
Mayor Suarez: Based on what statute? - attorney's fees.
Mr. Jones: Under the 1983. There's a 1988 claim as well which is...
Mayor Suarez: Either party. As long as that's a claim in there.
Mr. Jones: Yeah. Right.
Mayor Suarez: OK. What do you want to do?
257 April 2, 1992
Commissioner Plummer: Mr. Mayor, you're the lawyer. What do you
recommend?
I personally, you know...
Mayor Suarez: I'll represent him for free.
Commissioner Plummer: What?
Mayor Suarez: I'll represent him for free.
Vice Mayor Alonso: Great.
Commissioner Plummer: It's worth all you pay for.
Vice Mayor Alonso: OK. That settles the case.
Commissioner Plummer: Next item. OK? That's great.
Mr. Jones: Mr. Mayor, with all due respect...
Mayor Suarez: He wasn't ready for that one.
Commissioner Plummer: Hey, let me tell you. That's the best thing we've got
out of the Mayor so far today.
Mr. Jones: Madam Vice Mayor, I plead with you, in 1983...
Vice Mayor Alonso: No, no, no. You don't believe he's a good...
Mr. Jones: In 1983...
Mayor Suarez: Don't leave him in the hands of the Mayor.
Vice Mayor Alonso: Just a minute. This is serious.
Commissioner Plummer: No, no. He's volunteered.
Vice Mayor Alonso: You don't believe he's a good attorney?
Mr. Jones: No, I'm not saying that. Every attorney who's a good
attorney is
not...
Commissioner Plummer: You make the motion... I'll make a motion we
accept the
Mayor's offer.
Vice Mayor Alonso: Yes, and I second that with pleasure and with
the highest
recommendation that he is an excellent...
Commissioner Plummer: Call the roll.
Mayor Suarez: So moved and seconded. Any...
Mr. Jones: Mr. Mayor cannot represent... I'm telling you. That's
the nature
of the conflict. The City is a named party.
258 April 2, 1992
s
Commissioner Dawkins: The judge will tell us that.
Mayor Suarez: Is that the same conflict, really?
Mr. Jones: It's the same conflict.
Mayor Suarez: Just out of curiosity.
Commissioner Dawkins: The judge will tell us that. Let's go...
Mr. Jones: I can't wait for the judge to tell us...
Mayor Suarez: I co -counsel with Miller Dawkins. I have co -counsel with
Miller Dawkins.
Vice Mayor Alonso: He will resign just for the period of time that he has to
defend you, then he comes back.
Mayor Suarez: My legal assistant will be Miller Dawkins and...
Commissioner Plummer: Hell, the judge is Perry Anderson's brother-in-law. I
mean, what's the problem here?
Vice Mayor Alonso: What do you mean?
Commissioner Plummer: All right. Mr. Mayor, your first idea as a lawyer
wasn't worth a damn. What's your second idea?
Mayor Suarez: I'll give him a minor amount just to get himself out by summary
judgment.
Vice Mayor Alonso: You get someone from your law office to represent him.
Commissioner Plummer: What is a minor amount?
Mayor Suarez: Ten thousand dollars.
Mr. Jones: Well, I can tell you there's also a very extensive request for
productions that has to be dealt with and even to bring it to summary
judgment, there are going to have to be depositions taken and the whole works,
so I would appreciate at least, perhaps, twenty thousand dollars.
Commissioner Plummer: Well, what about... You know, I can see the game
they're playing.
Vice Mayor Alonso: You know something? The money is going to lawsuit, that's
where the money is going to.
Commissioner Plummer: OK. They're making all these demands. What demands
are you making on them?
Mr. Jones: Well, we haven't answered the complaint yet, Commissioner. We
filed a motion to dismiss. In all probability, the courts are very... Well,
not in all probability, it's a reality that courts, especially Federal
259 April 2, 1992
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1
1
district courts, are very reluctant to dismiss cases. What has happened is
that...
Commissioner Plummer: Sure, it makes money for them suckers.
Mr. Jones: Well, what has happened is that we determined that the allegations
have not been plead properly and in accordance with Federal rules, so at most,
we'll be able to force them to be more specific in terms of making their
pleadings comply with the Federal rules. And keep in mind, if we prevail, we
will get those attorney's fees back.
Commissioner Plummer: If we make demands upon him for deposition, it's going
to be expensive for him.
Mr. Jones: Absolutely.
Mayor Suarez: Moved by... I'll move it.
Commissioner Plummer: For what?
Mayor Suarez: Up to twenty thousand dollars.
Commissioner Plummer: Not to exceed?
Mayor Suarez: Not to exceed.
Commissioner Plummer: Second.
Vice Mayor Alonso: OK. So, call the roll.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 92-247
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY ATTORNEYS ENGAGEMENT OF THE LAW FIRM OF FINE,
JACOBSON, SCHWARTZ, NASH, BLOCK & ENGLAND TO SERVE AS
COUNSEL BEFORE THE UNITED STATES DISTRICT COURT FOR
PRETRIAL LITIGATION SERVICES, IN CONNECTION WITH THE
CASE OF PERRY L. ANDERSON, JR. VS. CITY OF MIAMI,
JORGE L. FERNANDEZ, AND A. QUINN JONES, III, CASE NO.
92-0435-CIV-GRAHAM, WITH THE INTERIM FEE FOR SUCH
SERVICES NOT TO EXCEED $20,000.00; SAID MONIES
THEREFOR BEING ALLOCATED FROM THE CITY OF MIAMI'S
SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
260 April 2, 1992
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AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
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62. DISCUSSION CONCERNING A CERTAIN FIRM WHICH COULD ALLEGEDLY SAVE THE CITY
A SUBSTANTIAL AMOUNT IN ELECTRICITY COSTS -- ADMINISTRATION TO COME BACK
WITH AN RFP IN MAY FOR CONSIDERATION BY COMMISSION.
------------------------------------------------------------------------------
Commissioner Plummer: (OFF MIKE - INAUDIBLE)
Mr. Odio: Well, first of all the study that...
Vice Mayor Alonso: Where is the savings?
Commissioner Plummer: I don't know. I was merely told that...
Vice Mayor Alonso: But you know about it?
Mr. Odio: No, I heard... That came from Rosario Kennedy. That she had...
Vice Mayor Alonso: Rosario Kennedy said that we save fifty thousand?
Commissioner Plummer: It did not come from Rosario.
Mr. Odio: From a company that she brought here.
Commissioner Plummer: Sir, the gentleman that brought it to me, whether or
not he's related to Rosario in a company, I have no idea...
Mr. Odio: No. The one that I'm aware of is ex -Commissioner Kennedy brought a
consulting firm that could save in electricity. And we're doing a...
Commissioner Plummer: Sir, I don't even...
Vice Mayor Alonso: How?
Commissioner Plummer: I know the name of the individual. That's immaterial.
Mr. Odio: By using candles.
Vice Mayor Alonso: By using...
Mr. Odio: No, I don't know.
261 April 2, 1992
Mr. Ron Williams: I know the answer.
Mr. Odio: You know the answer?
Mr. Williams: Yeah, I know. I know what's going on.
Commissioner Plummer: I am asking why nothing has been done about it.
Mr. Williams: Something has been done, Commissioner Plummer.
Vice Mayor Alonso: Like what?
Mr. Williams: We met with, not only that company, but two others, and we're
going to... Because there are several companies...
Vice Mayor Alonso: To do what?
Commissioner Plummer: To save...
Mr. Williams: Energy savings. Basically on lighting.
Vice Mayor Alonso: Yes, but tell me because we would like to know how do...
Mr. Williams: What they do...
Vice Mayor Alonso: ... you save electricity...
Mr. Williams: Let me tell you what they do, Vice Mayor.
Vice Mayor Alonso: ... in that amount.
Mr. Williams: Let me tell you what they do, Vice Mayor. They basically work
on lowering the light wattage. The illumination. OK? They...
Commissioner Plummer: Sir, I heard it's more extensive than that...
Mr. Williams: Well, they offer...
Commissioner Plummer: ... but I'm not going to go into it.
Mr. Williams: They offer.
Commissioner Dawkins: Send me something in writing about it.
Vice Mayor Alonso: Now, are you checking that by doing it, it might cost us
more than what we are going to save at the end?
Mr. Williams: We're going to go out for an RFP (request for proposals)
because there are several companies that do this. We're going to bring the
RFP back to you for your consideration.
Vice Mayor Alonso: Just a minute. Before...
Commissioner Plummer: But when?
262 April 2, 1992
i
Vice Mayor Alonso: ... you go to the RFP, I'd like to hear about this plan.
So don't come with the package. Talk to me before. I'd like to hear about
this plan.
Mr. Williams: Vice Mayor,...
Commissioner Plummer: When?
Mr. Williams: ... I'm saying there are several different alternatives to the
savings effort.
Commissioner Plummer: Mr. Williams. When?
Vice Mayor Alonso: Also, I'd like to get, finally, how much do we spend in
water? I've been asking for the bill.
Commissioner Plummer: Don't ask about electricity. When are going to hear
about this savings? Of the electricity. I mean, I understand the study...
Vice Mayor Alonso: That's why I asked.
Commissioner Plummer: ... was done six months ago.
Mr. Williams: There are several companies...
Vice Mayor Alonso: Six months ago?
Commissioner Plummer: Yeah.
Vice Mayor Alonso: Are you serious?
Mr. Odio: But, just for the record, so that, you know, these consultants try
to do business with the City. You tell that consultant that's going to save
us fifty, that we are saving two million dollars a year on our own doing in
electricity by reducing the .
Vice Mayor Alonso: How much do we have to pay them? How much?
Mr. Odio: I don't know, Commissioner. I have not seen the details...
Commissioner Plummer: When...
Mayor Suarez: You didn't say seventy-two million dollars a year, please. You
did not say we save that.
Commissioner Plummer: When are we going to see the RFP? Are we going to see
it at the next meeting?
Mayor Suarez: I wouldn't believe we save...
Mr. Williams: No, sir.
Mayor Suarez: ... two million dollars a year in...
263 April 2, 1992
s
Mr. Williams: No, sir.
Mayor Suarez: ... electricity. No way.
Commissioner Plummer: When are we going to see an RFP that conceivably will
save us "X" number of dollars a year?
Mr. Williams: We can bring it back to you in May.
Mayor Suarez: OK. But before you bring it...
Commissioner Plummer: May the day never come.
Mayor Suarez: ... back, as per the Vice Mayor's request, you show it to the
Commissioners in case anyone thinks that it's premature.
Commissioner Plummer: What bothers me is they didn't tell us about it.
------------------------------------------------------------------------------
63. (A) MAYOR SUAREZ REITERATES HIS DISPLEASURE WITH THE CITY'S
TELEPHONE SYSTEM.
(B) BRIEF COMMENTS BY VICE MAYOR ALONSO CONCERNING ELECTRIC METERS.
(C) BRIEF COMMENTS BY COMMISSIONER PLUMMER REQUESTING ADMINISTRATION
TO PROVIDE INFORMATION IN CONNECTION WITH SCHOOLING COSTS OF
PSAs.
------------------------------------------------------------------------------
Mayor Suarez: And, Ron, for myself, you know the comparison I'm going to ask
you about? - And the Administration. We were told that the new phone system
was going to save us all kinds of money and that we should go ahead and spend
all the money for that new phone system. I want to see...
Vice Mayor Alonso: Oh, in my case, it will save a lot of money. I don't have
it. It goes off constantly.
Mayor Suarez: Since I don't like the new phone system, compared to the old
push-button phone system where you could yell across and say, grab line two,
j and everybody could get on it just by pressing a button, and it's not one of
those that if you by any chance hit the wrong one with your finger, just
I lightly, you wipe out somebody who's on the line, etcetera. The old system,
which was great, and I loved it, and had a number, which was 579-6010. I'll
never forget that.
Vice Mayor Alonso: A campaign promise and you changed the number.
Mayor Suarez: Campaign promise. Right.
Commissioner Plummer: You can't teach an old dog new tricks.
Mayor Suarez: Etcetera, etcetera. If, in fact, there has been a savings, I
would like to see that proven to me.
264 April 2, 1992
Mr. Williams: We can certainly provide you with that information, Mr. Mayor.
Mayor Suarez: I think Carlos Smith should be there at that meeting. Yes.
Vice Mayor Alonso: And maybe we can even, since we are at this, maybe we can
even go into the electric meters at the Marina.
Mayor Suarez: Because someday, somebody is going to tell some of these high-
tech telematic companies that we don't like the trend that they have towards
newer things that work not as effectively as the prior ones.
Commissioner Plummer: They...
Mayor Suarez: We like the old ones.
Commissioner Plummer: I've told you they're going to...
Mayor Suarez: And somebody is going to start producing the old ones,...
Commissioner Plummer: ... erect a solid gold statue to Ralph Nader.
Mayor Suarez: ... and make all kinds of money. Can you start a company like
that? On your own.
Mr. Williams: Maybe you and I together, Mr. Mayor.
Mayor Suarez: Yeah, in our other life.
Commissioner Plummer: Mr. Manager.
Mayor Suarez: Suarez and Williams, or is it Williams and Suarez.
Mr. Williams: We'll be happy to bring that back to you.
Vice Mayor Alonso: Now, first they said you are not a good attorney. Now you
are telling him you don't want him as a partner.
Commissioner Plummer: Mr. Manager.
Mayor Suarez: I'm thinking about it. I'm thinking about it.
' Vice Mayor Alonso: That means trouble in the City of Miami.
Mayor Suarez: All right.
Commissioner Plummer: My final request of the day. I would like you to
forward my office, as if I were going to become a PSA (Public Service Aide) in
the City of Miami, any and all paperwork so I can try and determine why it is
costing us eighty-two hundred dollars to get one PSA in school.
Commissioner Dawkins: OK. I move to adjourn.
Mayor Suarez: All right. This Commission is adjourned. Thank you.
265 April 2, 1992
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:15 P.M.
ATTEST:
Natty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
MAYOR
266 April 2, 1992