HomeMy WebLinkAboutCC 1992-05-14 MinutesF
CITY OF MIAMI
OF MM ING HELD ON "'Ay 14, 1992
REGULAR
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
MAY 14, 1992
----------------------------------------------
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL
ITEMS.
(A) COMMENDATION: OFFICER JOSE
QUINTERO -- MOST OUTSTANDING OFFICER
(APRIL) .
(B) PROCLAMATION: EMERGENCY MEDICAL
SERVICES WEEK.
(C) PROCLAMATION: ASIAN PACIFIC
ISLANDER AWARENESS MONTH.
(D) COMMENDATION: PETER LOREDO --
OUTSTANDING WORK IN SOLID WASTE
RECYCLING DEPARTMENT.
(E) COMMENDATION: ANGEL NELLO
PARDO -- OUTSTANDING WORK IN CITY'S
HANDICAPPED PROGRAM.
2. RECONSIDER PRIOR M-92-267, WHICH DENIED
PROPOSED SECOND READING ORDINANCE TO
AMEND ZONING ORDINANCE 11000 TEXT BY
AMENDING ARTICLE 21, ADMINISTRATION,
ENFORCEMENT, VIOLATIONS AND PENALTIES;
SECTION 2105, BY EXTENDING TIME LIMITS
FOR OBTAINING BUILDING PERMITS /
CERTIFICATES OF USE / OCCUPANCY.
(Note: Reconsideration of this issue
scheduled for the second meeting in
June.)
DISCUSSION
5/14/92
M 92-277
5/14/92
1-4
HE
3.
(A) ADOPT RECOMMENDATION OF THE
R 92-278 9-16
HISTORIC AND ENVIRONMENTAL PRESERVATION
DISCUSSION
BOARD FAVORING RESTORATION OF THE
5/14/92
VENETIAN CAUSEWAY -- DIRECT MANAGER TO
COORDINATE EFFORTS WITH THE STATE
DEPARTMENT OF TRANSPORTATION TOWARDS
DEVELOPMENT OF NEW RESTORATION PLANS --
REQUEST ASSISTANCE OF DADE COUNTY
DELEGATION TO ENSURE COMMITMENT OF BOTH
STATE AND FEDERAL FUNDS FOR THE
CAUSEWAY'S REHABILITATION AND
RESTORATION.
(B) COMMISSIONER PLUMMER REQUESTS
UPDATE CONCERNING PROPOSED BRIDGE TOLL.
(C) RESIDENTS OF SAN MARCO ISLAND
REQUEST POLICE PROTECTION.
4.
GENERAL COMMENTS CONCERNING CONSENT
DISCUSSION 16-17
AGENDA (See label 10).
5/14/92
5.
DISCUSS AND DEFER PROPOSED
DISCUSSION 18-22
RESOLUTION TO ESTABLISH A
5/14/92
UNIFORMED BIKE PATROL. (See
label 78).
6.
AUTHORIZE TRANSFER OF $22,500 FROM THE
R 92-279 22-30
AFFORDABLE HOUSING TRUST FUND TO THE
5/14/92
DOWNTOWN DEVELOPMENT AUTHORITY (DDA)
FOR CONSULTANT SERVICES IN PREPARATION
OF DOWNTOWN MIAMI HOUSING MARKET
ANALYSIS STUDY.
7.
AUTHORIZE MANAGER TO EXECUTE AGREEMENT
R 92-280 30-33
WITH DAVID M. GRIFFITH AND ASSOCIATES,
5/14/92
LTD., TO PREPARE A CENTRAL SERVICES
COST ALLOCATION PLAN -- ALLOCATE
$15,000.
8.
AUTHORIZE MANAGER TO ENTER INTO AN
R 92-281 34-37
AGREEMENT WITH HOUSING OPPORTUNITIES
5/14/92
PROJECT FOR EXCELLENCE, INC.
(H.O.P.E.), TO PROVIDE A $25,000
ADMINISTRATIVE GRANT FOR IMPLEMENTATION
OF FAIR HOUSING ENFORCEMENT AND
EDUCATIONAL OUTREACH ACTIVITIES WITHIN
CITY'S HOUSING PROGRAMS -- ALLOCATE
CDBG FUNDS.
9. AUTHORIZE MANAGER TO ISSUE REVOCABLE R 92-282
PERMIT FOR USE OF SPACE IN ORANGE BOWL 5/14/92
AND CURTIS PARK AREAS BY REYNOLDS
ALUMINUM RECYCLING COMPANY, FOR THE
PLACEMENT OF ONE RECYCLING CAN MACHINE
IN EACH CF THE TWO AREAS.
10. (Continued) CONSENT AGENDA (See label DISCUSSION
4). 5/14/92
10.1 CLASSIFY 40 SURPLUS GUNS AS CATEGORY R 92-283
"A" SURPLUS STOCK, WHEN AVAILABLE, AND 5/14/92
DONATE TO FLORIDA DEPARTMENT OF LAW
ENFORCEMENT TO BE USED AS TEST / STUDY
ITEMS FOR ITS CRIME LABORATORIES.
10.2 AUTHORIZE FUNDING OF THE KIDS OFF THE R 92-284
STREETS PROGRAM -- ALLOCATE $10,000 5/14/92
(Law Enforcement Trust Fund).
10.3 AUTHORIZE CONTRIBUTION TO THE YOUTH OF R 92-285
AMERICA ROLE MODELS ACTIVITIES TRIP, 5/14/92
SPONSORED THROUGH MARTIN LUTHER KING
ECONOMIC DEVELOPMENT CORPORATION --
ALLOCATE $4,850 (Law Enforcement Trust
Fund).
10.4 APPROVE EXTENSION OF CONTRACT FOR R 92-286
MAILING SERVICES FROM ZIP MAILERS (for 5/14/92
Department of Finance / Treasury
Management Division).
10.5 ACCEPT BID: YANES EQUIPMENT, INC., FOR R 92-287
FROW AVENUE WATER MAIN EXTENSION B- 5/14/92
3241-C (CIP 321034) ($18,585) --
EXECUTE CONTRACT.
10.6 ACCEPT BID: J.R. BUILDERS, INC., FOR R 92-288
MODIFICATIONS TO FIRE STATION NO. 6 B- 5/14/92
2974-F (CIP 313018) ($67,754) --
EXECUTE CONTRACT.
10.7 APPROVE AGREEMENT TO CONTINUE ENTITY R 92-289
KNOWN AS: THE SOUTH FLORIDA EMPLOYMENT 5/14/92
AND TRAINING CONSORTIUM -- DESIGNATE
MANAGER TO CONTINUE SERVING AS CITY
REPRESENTATIVE -- EXECUTE AGREEMENT.
37-39
39-40
40
41
41
41-42
42
42
42-43
10.8 AUTHORIZE MANAGEMENT TO ENTER INTO R 92-290
EASEMENT AGREEMENT WITH METROPOLITAN 5/14/92
DADE COUNTY TO CLARIFY / DEFINE
EASEMENT RIGHTS ON A PORTION OF THE
METROMOVER RIGHT-OF-WAY (ROW) AT
COLLEGE NORTH STATION ON N.E. 5 STREET,
FOR VEHICULAR ACCESS TO / FROM THE
FEDERAL LAW ENFORCEMENT BUILDING.
10.9 AUTHORIZE MANAGER TO EXECUTE LEASE R 92-291
AGREEMENT WITH: BLOCK FIVE VENTURE, A 5/14/92.
PARTNERSHIP, FOR USE BY THE CITY OF
ROOFTOP SPACE AS AN ANTENNA SITE AT THE
SOUTHEAST FINANCIAL CENTER, AT NO COST
TO THE CITY.
10.10
AUTHORIZE MANAGER TO ISSUE REVOCABLE
R 92-292
PERMIT TO SOUTH FLORIDA COUNCIL, BOY
5/14/92
SCOUTS OF AMERICA / LINCOLN MARTI
CAMPOREE, FOR USE OF THE STORAGE SHED
IN CITY -OWNED CARLOS J. ARBOLEYA
CAMPING AND PICNIC GROUNDS (7025 WEST
FLAGLER STREET).
10.11
AUTHORIZE MANAGER TO ISSUE REVOCABLE
R 92-293
PERMIT TO B.A.M.E. DEVELOPMENT
5/14/92
CORPORATION OF SOUTH FLORIDA, INC., FOR
USE OF AREA BEHIND THE GREATER BETHEL
AFRICAN METHODIST EPISCOPAL CHURCH (245
N.W. B STREET).
10.12
AUTHORIZE MANAGER TO MAKE OFFER AND
R 92-294
EXECUTE AGREEMENT WITH PROPERTY OWNER
5/14/92
FOR ACQUISITION OF PARCEL #02-60 WITHIN
MODEL CITY COMMUNITY DEVELOPMENT TARGET
AREA, TO BE USED FOR DEVELOPMENT OF LOW
AND MODERATE INCOME FAMILY HOUSING IN
CONNECTION WITH MODEL CITY / LITTLE
HAVANA DEMONSTRATION PROGRAM (PROJECT
321025) -- ALLOCATE $9,680 FROM CDEG
FUNDS.
10.13
GRANT REQUEST BY RENAISSANCE HISTORICAL
R 92-295
SOCIETY OF FLORIDA, INC. FOR CLOSURE OF
5/14/92
DESIGNATED STREETS CONCERNING
CELEBRATION OF BASTILLE DAY.
10.14
GRANT REQUEST BY LITTLE HAITI OPERATION
R 92-296
SAVE EYES FOR PARTIAL USE OF CERTAIN
5/14/92
STREETS DURING THEIR HEALTH WALK.
43
43-44
44
44
45
45
46
10.15 ACCEPT PLAT: DOUGLAS GARDENS SOUTH. R 92-297
5/14/92
10.16 ACCEPT PLAT: HUGHES TRACT. R 92-298
5/14/92
10.17 ACCEPT PLAT: SIBILA SUBDIVISION R 92-299
5/14/92
11. CITY COMMISSION COMMENDS PARKS DIRECTOR DISCUSSION
ALBERTO RUDER FOR EXCELLENT WORK 5/14/92
CONCERNING THE RENOVATIONS OF THE
ROBERTO CLEMENTE PARK.
12. VICE MAYOR ALONSO CLARIFIES PRIOR DISCUSSION
MISUNDERSTANDING -- CONGRATULATES TESSI 5/14/92
GARCIA AND THE LATIN QUARTER REVIEW
BOARD FOR THEIR WORK.
13. BRIEF COMMENTS BY VICE MAYOR ALONSO
DISCUSSION
CONCERNING THE THREE TOWERS BUILDING,
5/14/92
MAKING A PLEA FOR BETTER PROTECTION TO
BE AFFORDED THE ELDERLY.
14. EMERGENCY ORDINANCE: ESTABLISH NEW
ORDINANCE
SPECIAL REVENUE FUND: SUMMER FOOD
10982
SERVICE PROGRAM FOR CHILDREN 1992 --
5/14/92
APPROPRIATE $302,677 CONSISTING OF A
GRANT FROM U.S. DEPARTMENT OF
AGRICULTURE (USDA) THROUGH FLORIDA
DEPARTMENT OF EDUCATION -- AUTHORIZE
MANAGER TO ACCEPT GRANT AWARD.
i
15. (A) EMERGENCY ORDINANCE: CREATE NEW
ORDINANCE
SPECIAL REVENUE FUND: RECREATION
10983
PROGRAMS FOR THE MENTALLY RETARDED - FY
DISCUSSION
193 -- APPROPRIATE $304,952 CONSISTING
5/14/92
OF TWO GRANTS FROM THE STATE OF
FLORIDA, DEPARTMENT OF HEALTI4 AND
REHABILITATIVE SERVICES (HRS)
AUTHORIZE MANAGER TO ACCEPT GRANT
AWARDS AND TO ENTER INTO NECESSARY
AGREEMENT (S).
(B) COMMISSIONER PLUMMER SUGGESTS THAT
THE CITY SHOULD EXPRESS ITS
{ APPRECIATION TO THE ABOVE -CITED
GOVERNMENTAL AGENCY.
46
46-47
47
47-48
48
49
49-52
52-53
r!
16.
EMERGENCY ORDINANCE: AMEND 10021,
ORDINANCE 54-56
WHICH ESTABLISHED INITIAL RESOURCES /
10984
APPROPRIATIONS FOR THE LAW ENFORCEMENT
5/14/92
TRUST FUND -- PROVIDE FOR AN INCREASE
OF $47.2,350 AS A RESULT OF ADDITIONAL
MONIES DEPOSITED DUE TO SUCCESSFUL
FORFEITURE ACTIONS.
17.
(A) SECOND READING ORDINANCE: AMEND
ORDINANCE 56-59
CODE SECTIONS 14-26 AND 14-27 (DOWNTOWN
10985
DEVELOPMENT AUTHORITY BOARD) -- PROVIDE
DISCUSSION
THAT ONE MEMBER OF THE CITY COMMISSION
5/14/92
SHALL SERVE AS CHAIRPERSON -- PROVIDE
THAT ANY MEMBER OF THE CITY COMMISSION
SHALL BE ELIGIBLE FOR APPOINTMENT.
(B) VICE MAYOR ALONSO PROTESTS THAT
DURING HER TENURE SHE HAS NEVER CHAIRED
ANY CITY BOARD -- ALLEGES
DISCRIMINATORY PRACTICES.
18.
DIRECT ADMINISTRATION TO SCHEDULE
M 92-300 59-63
PUBLIC HEARING IN CONNECTION WITH THE
5/14/92
DOWNTOWN DEVELOPMENT AUTHORITY (DDA),
THE DOWNTOWN DEVELOPMENT DISTRICT, AND
ALL ASPECTS ENCOMPASSED BY IT.
19.
(A) FIRST READING ORDINANCE: AMEND
ORDINANCE 63-68
10912, WHICH ESTABLISHED INITIAL
FIRST READING
RESOURCES / APPROPRIATIONS FOR SPECIAL
DISCUSSION
REVENUE FUND: ASSET TRACKING --
5/14/92
PROVIDE FOR A $34,500 INCREASE
RESULTING FROM SUCCESSFUL APPLICATION
FOR ADDITIONAL GRANT FUNDS -- AUTHORIZE
MANAGER TO ACCEPT GRANT FROM U.S.
DEPARTMENT OF JUSTICE.
(B) COMMISSIONER PLUMMER CONTINUES TO
QUESTION POLICE DEPARTMENT
ADMINISTRATOR CONCERNING THE USE OF
SWORN POLICE OFFICERS.
(C) COMMISSIONER DAWKINS REQUESTS CITY
ATTORNEY TO CLARIFY THE DEFINITION OF
COMPENSATORY TIME.
20.
FIRST READING ORDINANCE: AMEND 10913,
ORDINANCE 68-71
WHICH ESTABLISHED INITIAL RESOURCES /
FIRST READING
APPROPRIATIONS FOR SPECIAL REVENUE
5/14/92
FUND: GEOGRAPHIC TARGETING PROGRAMS --
PROVIDE FOR $65,000 INCREASE RESULTING
FROM SUCCESSFUL APPLICATION FOR
ADDITIONAL GRANT FUNDS -- AUTHORIZE
MANAGER TO ACCEPT GRANT FROM U.S.
DEPARTMENT OF JUSTICE.
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21. FIRST READING ORDINANCE: REPEAL
10948 -- AMEND CODE ARTICLE II
(BURGLARY AND ROBBERY ALARMS), CHAPTER
3.5 (ALARM SYSTEMS) - DELINEATE
QUALIFICATIONS OF BURGLAR ALARM
SPECIALTY ELECTRICAL CONTRACTORS -- SET
FORTH PROVISION DEALING WITH FALSE
ALARMS.
22. FIRST READING ORDINANCE: AUTHORIZE
MANAGER TO EXPEND $45,000 FROM SPECIAL
REVENUE FUND: HOMELESS PROJECT -- AS
CITY'S MATCH TO METRO DADE COUNTY TO
PROVIDE BEDS AND SPECIALIZED TREATMENT
FOR HOMELESS INDIVIDUALS HAVING
SUBSTANCE ABUSE PROBLEMS -- AUTHORIZE
MANAGER TO EXECUTE AGREEMENTS WITH DADE
COUNTY.
23. (A) FIRST READING ORDINANCE: AMEND
CODE CHAPTER 45.5 (PUBLIC NUISANCE),
WHICH PROVIDED FOR CREATION OF A
NUISANCE ABATEMENT BOARD -- DELETE TIME
FRAME FOR COMPLAINTS -- ESTABLISH
ALTERNATE REQUIREMENTS TO SUPPORT
FINDINGS OF PUBLIC NUISANCE IN LIEU OF
A CERTIFIED CONVICTION -- ADD
REGULATIONS FOR YOUTH GANG -RELATED
NUISANCE ACTIVITIES -- CHANGE BOARD
NUMBER REQUIREMENTS, etc.
(B) BRIEF DISCUSSION CONCERNING
ENFORCEMENT OF REGULATIONS GOVERNING:
(a) PLACEMENT OF POLITICAL SIGNS, AND
(b) NAILING OF SIGNS UPON TREES ALONG
CORAL WAY CONCERNING GARAGE SALES.
24. AUTHORIZE CONTRIBUTION ($1,100,000) AS
MATCHING FUNDS, TWO TO ONE, IN SUPPORT
OF TWO GRANT REQUESTS FOR CITY
FACILITIES TO STATE OF FLORIDA CULTURAL
FACILITIES PROGRAM IN CONNECTION WITH:
(a) TOWER THEATRE RENOVATION PROJECT,
AND (b) FINAL STAGE RENOVATION OF THE
MANUEL ARTIME THEATRE.
ORDINANCE
FIRST READING
5/14/92
ORDINANCE
FIRST READING
5/14/92
ORDINANCE
FIRST READING
DISCUSSION
5/14/92
R 92-301
5/14/92
71-73
74-75
89-91
{
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25. AMEND RESOLUTION 92-91, WHICH DECLARED
MOST ADVANTAGEOUS METHOD TO DEVELOP
CITY -OWNED LAND WAS BY A UNIFIED
DEVELOPMENT PROJECT (UDP) -- RESCHEDULE
PUBLIC HEARING TO JUNE 11TH REGARDING
PROPOSED REQUEST FOR PROPOSALS (RFP)
FOR DEVELOPMENT OF A FULL SERVICE
BOATYARD FACILITY, MARINA AND OPTIONAL
MARINE -RELATED RETAIL USE ON CITY -OWNED
WATERFRONT PROPERTY AT 2640 SOUTH
BAYSHORE DRIVE.
26. AUTHORIZE MANAGER TO EXECUTE NEGOTIATED
AGREEMENT ($236,340) WITH THADDEUS
COHEN ARCHITECT, PA, TO PROVIDE
PROFESSIONAL SERVICES FOR THE DESIGN,
PREPARATION OF CONSTRUCTION DOCUMENTS
AND CONSTRUCTION ADMINISTRATION OF AN
OLYMPIC POOL COMPLEX FOR CHARLES HADLEY
PARK (HADLEY PARK POOL REPLACEMENT CIP
331349).
27. APPROVE, IN PRINCIPLE, DESIGNATION OF
ST. JOHN COMMUNITY DEVELOPMENT
CORPORATION AS SPONSOR TO UNDERTAKE
DEVELOPMENT OF LOW DENSITY RENTAL
HOUSING PROJECT AFFORDABLE TO LOW AND
MODERATE INCOME FAMILIES / INDIVIDUALS
IN OVERTOWN (2055 N.W. 3 AVENUE).
28. (A) AUTHORIZE MANAGER TO EXECUTE A
PURCHASE / SALE AGREEMENT FOR PROPERTY
AT 915-917 N.W. 3 AVENUE WITH OVERTOWN
DEVELOPMENT GROUP, INC. (SELLER) (TOTAL
PURCHASE PRICE $172,775) -- FUNDS
APPROPRIATED IN CIP 322057, SOUTHEAST
OVERTOWN / PARK WEST PHASE II, FOR
DEVELOPMENT OF HISTORIC VILLAGE
REDEVELOPMENT PROJECT.
(B) COMMISSIONER PLUMMER REQUESTS TWO
APPRAISALS BE MADE WHEN CITY PURCHASES
/ SELLS PROPERTY.
R 92-302
5/14/92
R 92-303
5/14/92
R 92-304
5/14/92
R 92-305
5/14/92
91-93
93-96
97-99
99-103
a .x
29.
(A) DISCUSS AND DEFER (TO MAY 28TH
M 92-306
103-110
MEETING) CONSIDERATION OF PROPOSED
DISCUSSION
RESOLUTION TO MAKE A LEGISLATIVE
5/14/92
FINDING THAT THE CENTER FOR HEALTH
TECHNOLOGIES, INC. WILL BE IMPLEMENTING
A PROJECT OF GOVERNMENTAL
INSTRUMENTALITY IN ITS PROPOSED USE OF
DEVELOPMENT OF CITY -OWNED PROPERTY AND
IS THEREFORE EXEMPT FROM COMPETITIVE
BIDDING REQUIREMENTS -- REFER TO
OVERTOWN ADVISORY BOARD.
(B) COMMISSIONER PLUMMER URGES
ADMINISTRATION TO TRY TO SELL THE
PORTION OF CITY'S PROPERTY WHICH WILL
NOT BE NEEDED FOR THIS PROJECT IN ORDER
TO EXPAND OUR TAX BASE.
30.
DISCUSS AND DEFER PROPOSED RESOLUTION
DISCUSSION
111-119
TO APPROVE FISCAL YEAR 1991-92 BUDGET
5/14/92
FOR THE SOUTHEAST OVERTOWN / PARK WEST
REDEVELOPMENT DISTRICT TAX INCREMENT
TRUST FUND -- INSTRUCT MANAGER TO SEEK
DADE COUNTY APPROVAL OF SAID BUDGET.
31.
EXECUTE AMENDMENT TO LEASE AGREEMENT
R 92-307
119-120
WITH BAYVIEW ASSOCIATES, INC.
5/14/92
(LANDLORD) TO ACCOMMODATE LANDLORD'S
REQUEST CONCERNING REPAYMENT OF A
DEPOSIT MADE BY THE CITY.
32.
GRANT REQUEST BY WEST FLAGLER PARK
R 92-308
121-123
BAPTIST CHURCH FOR CLOSURE OF
5/14/92
DESIGNATED STREETS CONCERNING A
SPIRITUAL RENEWAL EMPHASIS.
33.
(A) BRIEF COMMENTS BY COMMISSIONER
DISCUSSION
124-125
PLUMMER CONCERNING UNIFORMITY OF
5/14/92
NEWSPAPER RACKS IN CITY OF CORAL
GABLES.
(B) DISCUSSION CONCERNING GOVERNOR
LAWTON CHILE'S PROPOSED PLAN TO CUT
SCHOOL TAX IN HALF -- DIRECT
ADMINISTRATION TO SCHEDULE THIS ISSUE
FOR A FULL HEARING AT MAY 28TH MEETING.
34.
(A) AUTHORIZE MANAGER TO ISSUE REQUEST
R 92-309
126-128
FOR PROPOSALS (RFP) FROM MINORITY AND
DISCUSSION
WOMEN -OWNED BANKS FOR ESTABLISHMENT OF
5/14/92
SPECIAL CITY BANK ACCOUNTS.
(B) APPOINT SELECTION COMMITTEE
(Appointed were: Elba Morales and Juan
Enjamio, Esq.)
4f� i
35.
AUTHORIZE MANAGER TO DISBURSE $181,300
R 92-310 128-129
TO FEDERAL GOVERNMENT, REPRESENTING NET
5/14/92
REBATE REQUIREMENT FOR CITY BONDS
ISSUED IN 1986 SUBSEQUENT TO ADOPTION
OF THE 1986 TAX REFORM ACT.
36.
BRIEFLY DISCUSS AND TEMPORARILY TABLE
DISCUSSION 130-133
CONSIDERATION OF PROPOSED RESOLUTION TO
5/14/92
AUTHORIZE PURCHASE OF 200 PROTECTIVE
CLOTHING ENSEMBLES FROM GLOBE
FIREFIGHTERS SUTS (See label 40).
37.
BRIEFLY DISCUSS AND TEMPORARILY TABLE
DISCUSSION 133-134
CONSIDERATION OF PROPOSED RESOLUTION TO
5/14/92
AMEND RESOLUTION 92-227, TO CORRECT A
SCRIVENER'S ERROR TO REFLECT CORRECT
PURCHASE PRICE FOR TWO VACTOR 15-CUBIC
YARD COMBINATION HIGH PRESSURE JET AND
VACUUM SEWER CLEANERS FROM PEABODY
MYERS CORPORATION (See label 41).
38.
AUTHORIZE MANAGER TO ENTER INTO
R 92-311 135-166
SETTLEMENT AGREEMENT WITH FRATERNAL
5/14/92
ORDER OF POLICE (FOP), LODGE NO. 20,
RELATING TO 1984-1985 POLICE
LIEUTENANT'S CIVIL SERVICE EXAMINATION
(ESTIMATED COST $471,750) -- ALLOCATE
FUNDS (Self -Insurance Trust Fund).
39.
ACCEPT BIDS: (a) MCO ENVIRONMENTAL,
R 92-312 166-168
INC., (b) SAL'S ABATEMENT CORPORATION,
5/14/92
(c) CONSOLIDATED TECHNIQUES, (d) WAYNE
BLACKWELL AND COMPANY, AND (e) CBG
ENVIRONMENTAL, INC. -- FOR FURNISHING
ASBESTOS ABATEMENT SERVICES (Department
of Planning, Building and Zoning).
40.
(Continued Discussion) AUTHORIZE
R 92-313 168-170
PURCHASE OF APPROXIMATELY 200
5/14i92
PROTECTIVE CLOTHING ENSEMBLES FROM
GLOBE FIREFIGHTERS SUITS (UNDER
EXISTING BROWARD COUNTY BID NO. M-08-
91-20-12) -- ALLOCATE FUNDS (See label
36)
YE y
F:3 F1
1
41. (Continued Discussion) AMEND RESOLUTION
R 92-314
92-227 -- CORRECT SCRIVENER'S ERROR TO
5/14/92
REFLECT CORRECT PURCHASE PRICE
($283,030) FOR TWO VACTOR 15-CUBIC YARD
COMBINATION HIGH PRESSURE JET AND
VACCUM SEWER CLEANERS (UNDER CITY OF
NORTH MIAMI BEACH BID 91-17) FROM
PEABODY MYERS CORPORATION -- ALLOCATE
FUNDS FROM CIP 352275 (Department of
General Services Administration and
Solid Waste, Fleet Management Division)
(See label 37).
42. ACCEPT BIDS: (a)J.R. BUILDERS, INC., R 92-315
(b)SHARK WRECKING, (c) MIGUEL 5/14/92
RODRIGUEZ, (d) ALPHA CONSTRUCTION
GROUP, AND (e) LEADEX CORPORATION --
FOR FURNISHING DEMOLITION SERVICES ON A
CONTRACT BASIS (Department of Planning,
Building and Zoning).
43.
(A) AUTHORIZE RENTAL OF ADDITIONAL
R 92-316
VEHICLES FROM ROYAL RENT -A -CAR (Police
DISCUSSION
Department).
5/14/92
(B) DISCUSSION CONCERNING THE
FORFEITURE FUND DETAIL.
44.
DEFER CONSIDERATION OF PROPOSED
DISCUSSION
RESOLUTION TO AMEND 86-665 TO ALLOCATE
5/14/92
$246,500 FROM LAW ENFORCEMENT TRUST
FUND TO CONTINUE ACTIVITIES OF
FORFEITURE FUND DETAIL.
45.
ACCEPT BID: U.S. UNDERGROUND, INC.
R 92-317
(TOTAL BID) -- FOR LOCAL DRAINAGE
5/14/92
PROJECT E-69 (B-5593) -- ALLOCATE
$277,783.85 (CIP 352275) --EXECUTE
CONTRACT.
46.
ACCEPT BID: SERVICE STATION AID,
R 92-318
INC. -- FOR ABOVE -GROUND TANK
5/14/92
INSTALLATIONS B-5579-X -- ALLOCATE
FUNDS (CIP 311009) -- EXECUTE CONTRACT.
47.
ACCEPT CHIEF PROCUREMENT OFFICER'S
R 92-319
DECISION TO REJECT PROTEST DANVILLE-
5/14/92
FINDORFF, INC. CONCERNING AWARD OF
CONTRACT TO G-T SPORTS ENTERPRISES,
INC. -- FOR ORANGE BOWL SEAT
REPLACEMENT.
171-172
172-175
175-182
182
183-184
184-186
197-201
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48.
(A) APPOINT / REAPPOINT INDIVIDUALS AS
M 92-320
202-203
MEMBERS OF THE AFFIRMATIVE ACTION
R 92-320.1
ADVISORY BOARD (Appointed was: Sam
5/14/92
Mason; reappointed was: Kevin Marshall)
(See label 50).
(B) REAPPOINT ROBERT GRILL AS MEMBER OF
AFFIRMATIVE ACTION ADVISORY BOARD,
EFFECTIVE WHEN HIS CURRENT TERM
EXPIRES.
49.
APPOINT INDIVIDUAL TO BOARD OF
R 92-321
204-206
DIRECTORS OF THE PERFORMING ARTS CENTER
5/14/92
TRUST (PACT) (Appointed was: Maria
Crlstina Barros).
50.
(Continued Discussion) APPOINT
R 92-322
207-208
INDIVIDUAL AS MEMBER OF AFFIRMATIVE
5/14/92
ACTION ADVISORY BOARD (Appointed was:
Ramiro Chong.) (See label 48.)
51.
DISCUSS AND DEFER (TO NEXT MEETING)
DISCUSSION
208-209
APPOINTMENT OF INDIVIDUALS TO THE CODE
5/14/92
ENFORCEMENT BOARD.
52.
(A)APPOINT PATRICIA D. PAREKH TO SERVE
R 92-323
209-218
AS A MEMBER OF THE COMMISSION ON THE
5/14/92
STATUS OF WOMEN -- CITY COMMISSION
REJECTS LIST OF NOMINEES FROM THE
COMMISSION ON THE STATUS OF WOMEN (CSW)
AND REQUESTS THE CSW TO RESUBMIT A NEW,
ETHNICALLY BALANCED LIST OF NOMINEES
WITH AT LEAST 50% BEING CITY RESIDENTS.
(B)BRIEF COMMENTS OF PROTEST BY VICE
MAYOR ALONSO CONCERNING CHAIRMANSHIP OF
DEPARTMENT OF OFF-STREET PARKING
BOARD -- DIRECT CITY ATTORNEY TO DRAFT
(FOR NEXT COMMISSION MEETING) A CHARTER
AMENDMENT MAKING THE DEPARTMENT OF OFF-
STREET PARKING A CITY BOARD.
53.
DISCUSS AND DEFER (FOR FURTHER
DISCUSSION
218-219
INFORMATION) CONSIDERATION OF A REPORT
5/14/92
ON COST COMPARISON CONCERNING
POSSIBILITY OF RECYCLING IN-HOUSE VS.
PRIVATE COMPANY UNDER DADE COUNTY
CONTRACT.
54.
id
DIRECT MANAGER TO CONFER WITH METRO
DADE COUNTY AND TO OFFER PART OF THE
VIRGINIA KEY AREA AS AN ALTERNATIVE
SITE IN CONNECTION WITH PROPOSED
CONSTRUCTION OF THE LIPTON TENNIS
STADIUM.
0
M 92-324
5/14/92
55.
DIRECT MANAGER TO EXPLORE POSSIBILITY
DISCUSSION
OF APPLYING FOR NEWLY -APPROVED STATE
5/14/92
STADIUM SUBSIDIES.
56.
APPOINT CARL GOLDFARB TO REPORT BACK TO
M 92-325
THE COMMISSION CONCERNING NEGOTIATIONS
5/14/92
WITH METRO DADE COUNTY ON THE PROPOSED
ESTABLISHMENT OF A PERMANENT RACETRACK
FOR THE MIAMI GRAND PRIX IN A PORTION
OF BICENTENNIAL PARK AND THE FEC
PROPERTY.
57.
AUTHORIZE ISSUANCE OF REQUEST FOR
R 92-326
PROPOSALS (RFP) FOR A UNIFIED
5/14/92
DEVELOPMENT PROJECT (UDP) FOR
DEVELOPMENT OF MARINE ACTIVITIES, WHICH
MAY INCLUDE A RESTAURANT WITH WATER -
DEPENDENT USE, ON CITY -OWNED RIVERFRONT
LAND ON THE MIAMI RIVER (BETWEEN S.W. 2
AND 3 STREETS ON S.W. NORTH RIVER
DRIVE) -- AUTHORIZE SELECTION OF
CERTIFIED PUBLIC ACCOUNTING FIRM AND
APPOINTMENT OF A REVIEW COMMITTEE.
58.
AUTHORIZE MANAGER TO SUBMIT AMENDMENT
R 92-327
TO APPROVED 17TH YEAR COMMUNITY
5/14/92
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FINAL STATEMENT TO THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT
(HUD) -- TO REFLECT A PROPOSED
ALLOCATION OF $2,000,000 FOR A
COMMUNITY DEVELOPMENT FLOAT LOAN, AND
TO REFLECT A TECHNICAL INCREASE IN
REVENUES BY SAID AMOUNT PLUS
INTEREST -- LOAN TO PROVIDE INITIAL
FINANCIAL ASSISTANCE IN CONSTRUCTION OF
NEW CENTRAL OFFICES WHICH WILL ALSO
SERVE TO HOUSE CHILD CARE AND YOUTH
PROGRAMS.
220-227
228-229
229-239
240-244
245-247
1 N
59.
EXECUTE AGREEMENT WITH YWCA OF GREATER
R 92-328 248-250
MIAMI, INC., TO PROVIDE A COMMUNITY
5/14/92
DEVELOPMENT FLOAT LOAN (CONTINGENT UPON
PRIOR APPROVAL BY HUD) TO AMEND 17TH
YEAR CDBG PROGRAM FINAL STATEMENT TO
REFLECT ALLOCATION OF $2,000,000 TO
CONSTRUCT A NEW TWO-STORY BUILDING TO
HOUSE THE AGENCY'S CENTRAL OFFICES AND
OTHER COMMUNITY SERVICE FACILITIES IN
OVERTOWN / PARK WEST NEIGHBORHOOD.
60.
DISCUSS AND DEFER (FOR FURTHER
DISCUSSION 251-255
INFORMATION) CONSIDERATION OF A
5/14/92
PROPOSED RESOLUTION DIRECTING MANAGER
TO ALLOCATE $35,000 IN 14TH YEAR CDBG
PROGRAM FUNDS (FROM CITYWIDE MULTI-
FAMILY HOUSING PROJECT) TO PROVIDE A
GRANT TO WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION AND TO ACQUIRE
37 PRIVATELY -OWNED RENTAL HOUSING UNITS
IN WYNWOOD COMMUNITY DEVELOPMENT TARGET
AREA.
61.
(A) DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION 255-265
RESIDENTS' CONCERNS RELATING TO CITY-
5/14/92
FUNDED DE HOSTOS SENIOR CENTER OPERATED
BY HOLY CROSS DAYCARE CENTER.
(Deferred to June 11th meeting.)
(B) DISCUSS AND DEFER FURTHER
DISCUSSION CONCERNING BOUNDARIES OF
EDISON / LITTLE RIVER NEIGHBORHOOD.
(Deferred to June filth meeting). (See
labels 75 and 79.)
62.
RATIFY MANAGER'S FINDING OF EMERGENCY
R 92-329 265-266
REGARDING PREPARATION OF THE VIRGINIA
5/14/92
KEY MULCHING AND COMPOSTING SITE AND
ISSUANCE OF EMERGENCY PURCHASE ORDER TO
R.L. SAUM CONSTRUCTION COMPANY, INC.
(Department of General Services
Administration and Solid Waste).
63.
DISCUSS AND DEFER (TO JUNE 11TH
DISCUSSION 267-283
MEETING) CONSIDERATION OF PROPOSED
5/14/92
RESOLUTION AUTHORIZING MANAGER TO
SUBMIT AMENDMENT TO APPROVED 18TH YEAR
CDBG PROGRAM FINAL STATEMENT TO U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) -- TO REFLECT
REALLOCATION OF FUNDS ORIGINALLY
APPROVED FOR MIAMI-DADE COMMUNITY
COLLEGE.
64.
AUTHORIZE INCREASE OF $31,000 IN
R 92-330
CONTRACT WITH URBAN CONSTRUCTORS, INC.,
5/14/92
FOR AFRICAN SQUARE PARK RENOVATIONS -
BUILDING AND SITEWORK PROJECT (SECOND
BIDDING) B-3237-B (CIP 331053) --
RATIFY MANAGER'S WRITTEN FINDING THAT
INCREASE RESULTED FROM EMERGENCY
CIRCUMSTANCES.
65.
CONFIRM ASSESSMENT ROLL FOR
R 92-331
CONSTRUCTION OF S.W. 16 STREET HIGHWAY
5/14/92
IMPROVEMENT (DISTRICT H-4488).
66.
CONFIRM ASSESSMENT ROLL FOR
R 92-332
CONSTRUCTION OF CITYWIDE HIGHWAY
5/14/92
IMPROVEMENT - PHASE II (DISTRICT H-
4515).
67.
DENY REQUEST BY HAITIAN AMERICAN
R 92-333
FOUNDATION, INC. TO CONVERT PRIOR LOAN
5/14/92
TO A GRANT; INSTEAD, GRANT ONE-YEAR
EXTENSION TO SAID FOUNDATION FOR
REPAYMENT OF LOAN.
68. GRANT REQUEST BY HAITIAN IBO CLUB FOR R 92-334
CLOSURE OF DESIGNATED STREETS 5/14/92
CONCERNING ITS KONBIT KREYOL '92
EVENT -- REQUEST ADMINISTRATION TO WORK
WITH APPLICANT TO WAIVE, WHEREVER
POSSIBLE, REQUESTED FEES AT NO OUT-OF-
POCKET COST TO THE CITY.
69. DISCUSS AND DEFER CONSIDERATION OF DISCUSSION
REQUEST BY MR. BILLY HARDEMON, OF 5/14/92
HARDEMON'S MARKET, TO DISCUSS REQUEST
FOR BUSINESS FUNDING. (Deferred to
June lath meeting.)
70. (A) GRANT REQUEST BY LION OF JUDAH R 92-335
MINISTRIES FOR FEE WAIVER CONCERNING DISCUSSION
ITS "OPERATION POTENTIAL" EVENT AT 5/14/92
CHARLES HADLEY PARK.
(B) GRANT MANAGER THE LATITUDE TO
WAIVE RENTAL FEES FOR USE OF CITY
PARKS.
71. DISCUSSION CONCERNING REQUEST BY YMCA DISCUSSION
OF GREATER MIAMI FOR FEE WAIVERS IN 5/14/92
CONNECTION WITH: S.T.A.R.S. / OPEN
HOUSE FESTIVAL -- NO ACTION TAKEN.
283-284
285-286
286
287-293
2293-297
298-333
333-341
341-345
72. DISCUSSION WITH REPRESENTATIVES OF THE DISCUSSION
GREATER BISCAYNE BOULEVARD CHAMBER OF 5/14/92
COMMERCE CONCERNING THE FIRST ANNUAL
SENIORS' FUND DAY AT BAYFRONT PARK --
NO ACTION TAKEN.
73. DISCUSSION CONCERNING APPROPRIATE DISCUSSION
PLACEMENT OF TH EBUST OF EUGENIO MARIA
DE HOSTOS.
74. DISCUSSION CONCERNING REQUEST BY DISCUSSION
MAGNOLIA PARK, MORNINGSIDE, BAYSIDE AND 5/14/92
SHORECREST HOMEOWNERS' ASSOCIATIONS TO
AMEND CURRENT ZONING ON BISCAYNE
BOULEVARD (FROM 38 STREET TO CITY
LIMITS) WITH A VIEW TO INSTITUTING
REQUIREMENT FOR CLOSING TIME FOR
BUSINESS ESTABLISHMENTS.
75. (Continued Discussion) DISCUSS AND DISCUSSION
DEFER FURTHER DISCUSSION CONCERNING 5/14/92
BOUNDARIES OF EDISON / LITTLE RIVER
NEIGHBORHOOD. (Deferred to June lath
meeting.) (See labels 61 and 79.)
76. AMEND RESOLUTION 92-218, RELATED TO R 92-336
21ST ANNUAL BUDWEISER UNLIMITED 5/14/92
HYDROPLANE REGATTA, TO CORRECT
SCRIVENER'S ERROR AND TO REFLECT
CORRECT SPONSOR'S NAME: UNLIMITED
RACING COMMISSION.
77. DIRECT MANAGER TO ADVERTISE IN ALL M 92-337
CUBAN / HISPANIC TABLOIDS AUTHORIZED BY 5/14/92
THE CITY CONCERNING CUBAN INDEPENDENCE
DAY CELEBRATION.
78. (Continued Discussion) BRIEF COMMENTS DISCUSSION
CONCERNING ESTABLISHMENT OF A UNIFORMED 5/14/92
BIKE PATROL (See label 5).
79. (A) ALLOCATE $10,000 TO RETAIN FORMER R 92-338
CHIEF JUSTICE OF FLORIDA SUPREME COURT, 5/14/92
ARTHUR ENGLAND, ESQ., TO PREPARE AN
APPEAL ON THE CITY'S BEHALF CONCERNING
THE CITY OF MIAMI VS. BURNETT CASE.
(B) MAYOR SUAREZ INDICATES THAT
CONSIDERATION OF BOUNDARIES OF EDISON /
LITTLE RIVER NEIGHBORHOOD WOULD BE
CONSIDERED WITH OTHER CDBG ISSUES AT
THE JUNE 11TH MEETING (See labels 61 &
75) .
345-347
348-349
349-352
352-377
378-379
KMlllsI:I17
381-384
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 14th day of May, 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 9:13 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.
------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
(A) COMMENDATION: OFFICER JOSE QUINTERO -- MOST OUTSTANDING OFFICER
(APRIL).
(B) PROCLAMATION: EMERGENCY MEDICAL SERVICES WEEK.
(C) PROCLAMATION: ASIAN PACIFIC ISLANDER AWARENESS MONTH.
(D) COMMENDATION: PETER LOREDO -- OUTSTANDING WORK IN SOLID WASTE
RECYCLING DEPARTMENT.
(E) COMMENDATION: ANGEL NELLO PARDO -- OUTSTANDING WORK IN CITY'S
HANDICAPPED PROGRAM.
------------------------------------------------------------------------------
(A) Commendation presented to Officer Jose Quintero for having been selected
Most Outstanding Officer for the Month of April 1992.
(B) Proclamation presented to Emergency Medical Services Week (May 10-16,
1992) to recognize the important role played by emergency medical teams
in our midst.
1 May 14, 1992
Ll
11
(C) Proclamation presented to Asian and Pacific Islander Awareness Month for
strengthening the cultural ties between the Asian community and our City.
NOTE FOR THE RECORD: Commissioner De Yurre entered
the meeting at 9:23a.m.
Commissioner Dawkins: Mr. Mayor, may I take a point of special...
Mayor Suarez: Yes, Commissioner, please.
Commissioner Dawkins: Where is Mrs. Bellamy? There is an appointment due on
the - what kind of a Board, the Haitian - what is it? Some kind of art board,
or something we have.
Vice Mayor Alonso: Ah, the performing arts.
Commissioner Dawkins: The performing arts. What better time than to ask
these Asian people here who they would recommend, and at least we would have
put a member of this committee on a board in the City of Miami, which has none
of them on no boards?
Vice Mayor Alonso: That's wonderful.
Commissioner Dawkins: Mr. Manager, would you have Mrs. Bellamy get with them
now and let them designate a person and when the time comes up this afternoon,
this Commission will appoint this individual to the whatever art board it is.
Mayor Suarez: And that would be an...
Vice Mayor Alonso: They have to live in the City of Miami?
Commissioner Plummer: I doubt that.
Vice Mayor Alonso: I doubt that because the names that I see in that among
the names, I certainly... It will be empty.
Commissioner Plummer: Refer somebody.
Vice Mayor Alonso: It's a count...
Mayor Suarez: If at all possible, a City of Miami resident, and we know that
you will infuse that... We hope you will infuse that committee with a little
bit of Asian common sense and artistic awareness, and also efficiency because
they're taking a little too long to build that facility.
Ms. Khanya Moolsiri: We would love to, and we can send you a recommendation
in the mail.
2
May 14, 1992
Mayor Suarez: Absolutely.
Ms. Moolsiri: Would that be OK?
Vice Mayor Alonso: Well, the problem is we have to make a decision this
afternoon.
Commissioner Dawkins: Do it today.
Ms. Moolsiri: This afternoon?
Vice Mayor Alonso: So if you can get together and provide the name.
Ms. Moolsiri: Yes. We can consult with each other a little bit quick now and
then we can give you the name.
Commissioner Dawkins: And if they say you have to live 1n the City of Miami,
use my address.
Ms. Moolsiri: Thank you, sir.
Vice Mayor Alonso: Maybe they can have a business in the City of Miami, or
work place.
Ms. Moolsiri: We have many Asians who live 1n the City, no problem. We will
give someone who lives in Miami.
Mayor Suarez: If you would get us that name today, and a resume would be
ideal.
Vice Mayor Alonso: Some of you might even consider moving back into the City
of Miami. You are very welcome.
Ms. Moolsiri: May I play the music for you now?
Mayor Suarez: Yes, please.
Ms. Moolsiri: OK.
Mayor Suarez: We met recently with your ambassador to the U.S. in Washington,
D.C. Thailand.
(0) Commendation presented to Peter Loredo for his outstanding work in the
Solid Waste Recycling Department.
(E) Commendation presented to Angel Nello Pardo for his outstanding work in
the`City's Handicapped Program.
Mayor Suarez: Madam Vice Mayor, you had a special item.
Vice May Alonso: Yes. In talking about recognition, I would like to call
Mr. Angel Nello Pardo in recognition of the outstanding work that he has been
doing in helping the Miami Storm Wheelchair Basketball Team, sponsored by the
City .of I Miami and our Parks and Recreation Handicapped Division. The
3 May 14, 1992
outstanding help that he has provided to the team comes from sending the
repair technicians to repair the wheelchairs, to providing wheel chairs
donated to them, and it has been an outstanding contribution, and we are very
proud and honored to recognize what he has been doing for the team, for the
City of Miami, and for sports, and we are very grateful and, on behalf of the
Mayor and the City Commission, we recognize what you have been doing for the
team, and also I would like to state that I also will be donating a wheelchair
to the team, and I hope that some of my fellow Commissioners will be able to
perhaps help in making it possible for the team to have some new wheelchairs
that are very much needed.
Mayor Suarez: Very good. And if anybody is tempted to try wheelchair
basketball, let me warn you. I did it one time and my hands ended up really
1n bad shape because of how difficult it is to spin those wheels around.
Vice Mayor Alonso: Thank you, and I see here Roberto Gonzalez and I think the
rest of the family accompanying Mr. Angel Nello Pardo.
Commissioner Dawkins: That's Miami, not Miama.
Commissioner Plummer: Uh-huh. Hey, hey. Hey, hey.
Vice Mayor Alonso: Ask Roberto how you say it.
Mayor Suarez: Congratulations to you and to the entire program.
2. RECONSIDER PRIOR M-92-267, WHICH DENIED PROPOSED SECOND READING
ORDINANCE TO AMEND ZONING ORDINANCE 11000 TEXT BY AMENDING ARTICLE 21,
ADMINISTRATION, ENFORCEMENT, VIOLATIONS AND PENALTIES; SECTION 2105, BY
EXTENDING TIME LI14ITS FOR OBTAINING BUILDING PERMITS / CERTIFICATES OF
USE / OCCUPANCY. (Note: Reconsideration of this issue scheduled for
the second meeting in June.)
------------------------------------------------------------------------------
Vice Mayor Alonso: I have a pocket item that I would like to introduce.
Mayor Suarez: Madam Vice Mayor.
Vice Mayor Alonso: Maybe if you allow me, I can do it quickly before we go
into the rest of the agenda, and it's in reference to item PZ-14.
Mayor Suarez: Reconsideration.
Vice Mayor Alonso: Yes. For reconsideration of this item that we turned down
in second reading, and I think one of the reasons was that we did not have all
the information, they were not present at the time. They thought it was going
to' be just a routine decision and they were not present, and I think they
deserve the opportunity to have this item reconsidered at this time.
Mayor Suarez: Would the expectation be that we would just move to reconsider
and it would be back at first reading, and then we would take it up on second
reading at the Planning and Zoning agenda, or how would you...
4 May 14, 1992
Vice Mayor Alonso: Well, the idea was take it for reconsideration at this
time, and the bring it back as a second reading in the next Commission
meeting.
Mayor Suarez: Right.
Vice Mayor Alonso: So that there will be no problems that if someone wants to
be present, they will have ample opportunity...
Mayor Suarez: Yes. I think...
Vice Mayor Alonso: ... to have the entire...
Mayor Suarez: The entire public hearing on the item.
Vice Mayor Alonso: ... public hearing again. The same situation that we had
last Commission meeting, it would be next Commission.
Mayor Suarez: Mr. City Attorney, does that sound proper?
A. Quinn Jones III, Esq.: That's correct.
Mayor Suarez: All right.
Mr. Jones: You can move to reconsider and take action at a later date.
Mayor Suarez: It was PZ-14 of the last...
Vice Mayor Alonso: 14. Commission...
Mayor Suarez: Do you want a general description of it, or we can just
reconsider it and take up the item at the...
Mr. Jones: Mr. Mayor.
Vice Mayor Alonso: Would you introduce the...
Mr. Jones: Mr. Mayor. Excuse me.
Mayor Suarez: Yes.
Mr. Jones: In reconsidering, what you need to do is set a date and a time
certain so that this can be properly advertised.
Mayor Suarez: We would, hopefully, be able to handle it then at the Planning
and Zoning agenda meeting. Could we not? On the 28th.
Commissioner Plummer: Didn't I see somewhere about the request for sixty
days?
Vice Mayor Alonso: Well, what it is, and I think we will have to address that
A n`the-next Commission meeting when we discuss the item, but what it is, is
the extension of Zoning Ordinance No. 9500, and it was in reference to the
5 May 14, 1992
Caroline Weiss plat that they need an extension to... Well, they sent a fax
and maybe 1n the fax they said sixty days. It was as the item was presented
to us. I think it was all right as it was presented by the Administration.
Commissioner Plummer: So then what are you looking at then, July?
Mr. Guillermo Olmedillo: June.
Vice Mayor Alonso: June.
Commissioner Plummer: June.
Mr. Olmedillo: The second meeting in June, which is the Planning and Zoning
meeting.
Mayor Suarez: It's not sixty days, but that's enough time?
Mr. Olmedillo: Well, the reconsideration will be taken up in June, and then
from that time, you can set the time in which the ordinance will be effective
so that they can apply under that time period.
Mayor Suarez: All right.
Mr. Olmedillo: Within that time period.
Mayor Suarez: Does that meet with their desires and their requests, as far as
you know, Guillermo?
Mr. Olmedillo: I believe so, yes, sir.
Vice Mayor Alonso: Let's ask them. Is it all right if we reconsider this
today and we have it in the June agenda? Will it be OK?
Unidentified Speaker: Yes.
Vice Mayor Alonso: Yes? OK.
Mayor Suarez: All right.
Vice Mayor Alonso: So I move that we reconsider item PZ-14.
Mayor Suarez: Move for a reconsideration, PZ-14 of the last agenda, that
being the one of... That.would have probably been the April one, right?
Commissioner Plummer: April 30.
Vice Mayor Alonso: Yes.
Mayor Suarez: April 30. Thank you. Do we have a second on that?
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any...
6
May 14, 1992
•
Commissioner Plumper: Question.
Mayor Suarez: Yes.
Commissioner Plumper: Mr. City Attorney, does this open the door to anybody
else?
Mr. Jones: Certainly when you reconsider, take a definitive vote on it, what
you specify would be June 28th, certainly it does open a window of opportunity
for other people.
Vice Mayor Alonso: But what we are doing today is just reconsideration. It
will have to come for approval. Is that so?
Mr. Jones: Yes, Madam Vice Mayor. I was addressing the Commissioner's
question as to any action that you may take on the 28th and whether that would
after any...open the door for any other interested parties that may fall in
the same category, and the answer is, yes, it would.
Vice Mayor Alonso: Yes. That's why we have to have the public input so they
have ample opportunity to understand what's happening.
Commissioner Plummer: OK.
Vice Mayor Alonso: So take a vote.
Mayor Suarez: OK. We have a motion and a second. Any discussion? If not,
please call the roll.
The following motion was introduced by Vice Mayor Alonso, who moved its
adoption:
MOTION NO. 92-277
A MOTION TO RECONSIDER MOTION 92-267 (FROM THE MEETING
OF APRIL 30, 1992) WHICH DENIED A PROPOSED SECOND
READING ORDINANCE WHICH WOULD HAVE AMENDED ZONING
ORDINANCE NO. 11000 BY REVISING THE TEXT OF SECTION
2105 TO EXTEND THE TIME LIMITS FOR OBTAINING BUILDING
PERMITS AND CERTIFICATES OF USE AND OCCUPANCY PURSUANT
TO ORDINANCE NOS. 9500 AND 11000; FURTHER DEFERRING
CONSIDERATION OF SAID ITEM TO THE SECOND MEETING OF
JUNE 1992.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
7 May 14j 1992
AYES: Commissioner Victor Be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Unidentified Speaker: Thank you, Vice Mayor.
Mayor Suarez: Commissioner Be Yurre.
Commissioner Be Yurre: Yes, sir, Mr. Mayor.
neighbors 1n the Venetian Causeway area...
0
I have a group here from our
Mayor Suarez: You're not related... Excuse me. You're not related to
Caroline are you?
Unidentified Speaker: I'm her daughter.
Mayor Suarez: Ah! She's quite a character. I have to tell you. At 6:40, a
call came in and I happened to pick up the phone myself. There was Caroline
on the phone, you know. She's also lucky, I would guess, because otherwise I
would have had no knowledge of this and would have felt that I had been left
out a little bit. But anyhow, she got through and she gets her way.
Unidentified Speaker: I just wanted to thank you for your time again.
Mayor Suarez: Maybe you should be coming here, instead of her. That might
work out real well.
Unidentified Speaker: Well, I'm going to start.
Mayor Suarez: All right.
Unidentified Speaker: Thank you.
8 May 14, 1992
-----------------------------------------------------------------------------
3. (A) ADOPT RECOMMENDATION OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD FAVORING RESTORATION OF THE VENETIAN
CAUSEWAY -- DIRECT MANAGER TO COORDINATE EFFORTS WITH THE STATE
DEPARTMENT OF TRANSPORTATION TOWARDS DEVELOPMENT OF NEW
RESTORATION PLANS -- REQUEST ASSISTANCE OF DADE COUNTY DELEGATION
TO ENSURE COMMITMENT OF BOTH STATE AND FEDERAL FUNDS FOR THE
CAUSEWAY'S REHABILITATION AND RESTORATION.
(B) COMMISSIONER PLUMMER REQUESTS UPDATE CONCERNING PROPOSED BRIDGE
TOLL.
(C) RESIDENTS OF SAN MARCO ISLAND REQUEST POLICE PROTECTION.
------------------------------------------------------------------------------
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: Yes, sir, Mr. Mayor. We have here some friends from
the Venetian Causeway area, and as you are well aware as well as the rest of
the Commission, there is a situation with the bridges about being replaced.
The issue is, instead of replacement, to be refurbished, to be corrected and
keep them in the same fashion that they're in right now. There's a concern
that this may create the expansion of the Causeway, not only with the bridges,
but also within the islands themselves and create a thoroughfare, which is
totally contrary to what has been there presently, and for many years, and it
goes totally against the concept of the residential atmosphere that we have in
those, I believe, seven islands. So we have representatives here from that
group, and they would like to speak before us.
Mayor Suarez: All right. I know you had a meeting this week and we meant to
have someone in attendance, but I know with Commissioner De Yurre there we
were well represented, but from my own office, I wish we had had someone, and
please notify us in the future.
Mr. Victor Diaz: Thank you, Mr. Mayor and Commissioner De Yurre and the rest
of the Commissioners. My name is Victor Diaz, I am a resident of the Venetian
Islands. I'm here with four other residents of the Islands, all of whom are
part of,a committee appointed by the board of directors of the Venetian Island
Improvement Association to spearhead an effort by the community to coordinate
with the State Department of Transportation with respect to the reconstruction
of the Venetian Causeway. Approximately three weeks ago, the residents of the
Islands learned that the State Department of Transportation was days away from
signing a Memorandum of Agreement with the Federal Highway Authority and
certain preservationist groups to destroy all twelve of the existing bridges
on the Venetian Causeway. The plans for the reconstruction of a new causeway
called for higher, wider bridges, concrete bridges, the destruction of all of
the existing landscape along the Venetian Causeway, and potentially the four-
laning of that Causeway, as well as a higher speed limit. Understandably, the
community when we found out about it, was outraged, particularly in light of
the example that we already have with the Department's treatment of the
MacArthur Causeway. I have to commend the Historical Environment Preservation
Board of the City of Miami for the wisdom to be the only public agency to
actually give real public notice of its meetings with the DOT (Department of
Transportation) with respect to this causeway. Were it not for the fact that
9 May 14, 1992
'`
the staff of the Historical and Environmental Preservation Board had the
foresight to put a sign on the Venetian Causeway as the mechanism for
advertising the meeting with the DOT, the causeway would have already been
committed to destruction and the residents of the islands would have never
known. We did appear on the April 21st meeting of the Historical
Environmental Preservation Board. About three of us happened to see the sign
and showed up. We happened to get the plans about half an hour before that
meeting and even in half an hour, it became apparent to us that this was a
formula for disaster for our community, for the City, for the County and, we
believe, for all of the residents of South Florida. We were able to persuade
the Historical and Environmental Preservation Board to pass a resolution,
which I believe the wording of which is very important. I would like to just
read the substance of the resolution. The resolution which is HE...
Mayor Suarez: You can probably cut short most of your presentation, because I
have a feeling that we're dying to tell you how much we agree with you.
Mr. Diaz: All right.
Mayor Suarez: In my particular case, I have a feeling that maybe we're not
too late to stop the entire project. I wonder if you even need to have all of
that refurbishing. The DOT is always, it seems to me, - not always, but a lot
of time - working on the wrong projects. I mean, those bridges work quite
well, and they don't look to me like they're falling apart. I mean, you can
always improve them a little bit...
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner De Yurre: They are falling apart. That's the problem.
Mayor Suarez: Well,...
Mr. Diaz: Mr. Mayor, let me just bring some facts to the attention of the
Commission.
Mayor Suarez: In any event, we are with you on this, that we would like it to
be done in the way that is least disruptive, that does not lead to a super
highway being built across your neighborhoods, that they are kept basically at
the same level of, you know, width and the same traffic as now, and certainly
no more than that. So, you know...
Mr. Diaz: There is, Mr. Mayor, a need for repair. The issue is whether it
should be repair and restoration, as opposed to destruction. We are asking
the Commission, and we've been working with your office and Commissioner De
Yurre's office, on a draft resolution which we would ask the Commission to
pass. The issues that are important are the following ones. We have agreed,
unfortunately under the threat of a lawsuit, the State Department of
Transportation has agreed to hold off and fund a second study of the Causeway
to see whether it can be rehabilitated. They have asked us to do certain
things in exchange for that commitment. What they have asked us to do is to
attempt to get the political support necessary to lock in certain available
funding, which is already committed to the restoration, or repair, or
10 May 14, 1992
1% 14
replacement of the causeway. It's about thirty million dollars
($30,000,000.00). We just would like to see that money spent in a manner
which is consistent with the fact that this causeway is a historic landmark,
and towards the rehabilitation of the causeway as opposed to its destruction.
So what we are asking in the resolution, which we have drafted, is merely that
the City adopt the recommendations of its Environmental and Historic
Preservation Board, which has come out in favor of the all-out restoration of
the causeway. Number two, that the City direct the City Manager to use all
reasonable efforts to coordinate with the State Department of Transportation
towards the rehabilitation and restoration of the causeway as opposed to its
destruction, and finally, that the City Manager and the City Commission
request that the Dade County delegation in Tallahassee assist us in locking in
funding, which has already been committed to the causeway, it's just going
need to be delayed about a four -month period in order to let this new study to
be completed.
Mayor Suarez: All right. Anybody have any problems with that? If not, I'll
entertain it in the form of a motion.
Commissioner De Yurre: Mr. Mayor, I'll move it and I'll read a resolution
that we may consider for adoption. (READ RESOLUTION INTO THE RECORD. SEE
BELOW) I so move.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-278
A RESOLUTION ADOPTING THE RECOMMENDATION OF THE
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD,
RESOLUTION NO. 92-11, ADOPTED APRIL 21, 1992, FAVORING
RESTORATION OF THE VENETIAN CAUSEWAY; FURTHER
DIRECTING THE CITY MANAGER TO SUPPORT THE CITY OF
MIAMI'S HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
IN ITS EFFORTS RELATED TO ENSURING THE REHABILITATION
AND RESTORATION OF THE VENETIAN CAUSEWAY AND TO
COORDINATE EFFORTS WITH THE STATE DEPARTMENT OF
TRANSPORTATION TOWARDS THE DEVELOPMENT OF NEW
RESTORATION PLANS; AND FURTHER REQUESTING THE
ASSISTANCE OF THE DADE COUNTY DELEGATION TO ENSURE
THAT THE COMMITMENT OF BOTH STATE AND FEDERAL FUNDS
FOR THE REHABILITATION AND RESTORATION OF SAID
CAUSEWAY IS SECURED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
11
May 14, 1992
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: See if you can keep your folks from getting too insistent on
the issue of people fishing off of the causeway there, the bridge. We love to
see them out there. One day I saw our former City Manager, Howard Gary, out
there fishing and, you know, this is a bit of what Miami's all about. I've
always thought it's a great thing. You know, I mean, I suppose it's a little
bit of danger to the people that are fishing out there, but, you know, it's
one of those things that makes Miami what it is. There's a big sign that says
you can't fish and everybody's doing it, and I love it and I know that I
shouldn't be saying that, I suppose, but... Yes.
Mr. Diaz: Well, first of all, on behalf of the five thousand plus residents
of the island, we'd like to thank each and every one of the Commissioners for
the support shown on this resolution. In fact, Mr. Mayor, what we're trying
to do is to use some of that thirty million dollars ($30,000,000.00) to build
a fishing pier...
Mayor Suarez: There you go.
Mr. Diaz: ... so that there can continue to be fishing in a manner which is
consistent with public safety. This is the kind of optimal solution we want
to come up with, it's just that we need the support of the political forces.
Commissioner Dawkins: Are you saying a fishing pier, or a fishing catwalk
that goes down the bridge?
Mr. Diaz: Either one, Commissioner Dawkins.
Commissioner Dawkins: I prefer the catwalk.
Mayor Suarez: OK. Well, all right.
Mr. Diaz: Something that will be safe, that will allow the people that want
to fish, to fish.
Commissioner Dawkins: Yeah. See, but I don't want to you just to put one
pier, and tell me that's as far as we can go. Let us go the whole bridge.
Mr. Diaz: OK., Thank you.
Mayor Suarez: That's it. All right. Thank you.
12 May 14, 1992
.1%
Commissioner Plummer: Whatever happened to our situation with Bird Key and
the fishing off of that bridge? Either they were going to stop calling the
Police Department complaining, or we were going to put a toll on the bridge.
They were here before us asking us to do something with the bridge.
Mayor Suarez: OK. While you...
Commissioner Plummer: Well, it's Bird Key now, right? Claughton Island.
Mayor Suarez: While you research that and we contemplate that issue, how
about moving on to the Consent Agenda?
Ms. Wyn Morris: I just wanted to make mention...
Mayor Suarez: Venetian.
Ms. Morris: Venetian. We are residents. This is Pedro Capo...
Mayor Suarez: We need your name on the record.
Ms. Morris: This is Pedro Capo and I'm Wyn Morris. We live on San Marco
Island, which is part of the City of Miami. The problem that we want to bring
to your attention is twofold. One is that we are City of Miami, San Marco
Island.
Mayor Suarez: Right.
Ms. Morris: For some reason, we get to be, we're forgotten sometimes.
Mayor Suarez: Your taxes are accepted duly when they come in, yes.
Ms. Morris: Absolutely.
Mayor Suarez: You know that.
Ms. Morris: Absolutely. The City of Miami Beach or the other islands, but
we're here as a community, and we want everyone to remember that. We're all
working on this together with Dade County. There's three entities here, so we
all need your support as well as the other Commissioners throughout the State.
Mayor Suarez: And that's great that you're organizing. That's one way for us
to know you're there. I mean, we know physically and geographically you're
there, but to know that you're active and have a neighborhood association,
that's very important.
Ms. Morris: We're working on it.
Mayor Suarez: You know what the other ones do, too, is they calculate how
much they pay in total taxes, and they're always reminding us. If you want to
try that, it works a lot of times up here.
Mr. Pedro Capo: Again, my name is Pedro Capo, and I'm a resident of San
Marco.
i
13 May 14, 1992
Mayor Suarez: Mr. McBride back there laughing.
Mr. Capo: Referring to the toll booth as you asked, yes, we want the toll
booth to stay there.
Commissioner Plummer: No, no. I was asking for another island.
Mr. Capo: I'm sorry. OK.
Commissioner Plummer: I was asking for Claughton Island.
Mr. Capo: OK. As far as the, as a resident, and leaving us, you know like,
forgotten in a way, I have sent a few letters to the Chief of Police and the
Mayor asking for more patrol of police officers. I was told by one of the
sergeants that, yes, in fact, we had been like left alone because we are the
last island connecting Miami to Miami Beach.
Mayor Suarez: That's San Marco?
Mr. Capo: Yes. I have called...
Mayor Suarez: It's a beautiful island.
Mr. Capo: ... in about five instances in the five years that I have been
living there, the Police of Miami. I get, no, that's Miami Beach. That's
very hard when you have an emergency. You know, you call 911...
Mayor Suarez: It might be worthwhile to have a memo passed out in the Police
Department to all patrol officers to remind them, and maybe a little map to go
with it or something.
Mr. Capo: Yes, I think it will be...
Mayor Suarez: I'm sure it's part of their training, but why not remind them,
Lieutenant?
Mr. Capo: I was told that the...
Commissioner Plummer: It's not the officers.
Mr. Capo: ... person in charge of the shift in the station...
Commissioner Plummer: It's the bridge.
Mr. Capo: ... could be misinformed or whatever, to just mention how bad
things sometimes are on the Causeway because we're linked to Miami and Miami
Beach. The entire association is right now paying for an off -duty highway
patrol, besides the City of Miami Police Department, and the City of Miami
Beach which is part of the causeway.
Mayor Sual.ez: Don't hesitate to reschedule an appearance to bring all of
these concerns to us. In fairness to the other items, we have handled your
item with this batch. We would like to hear more from you, but we've got
sixty agenda items and it's 9:52, we haven't gotten to the first yet. So...
14
A
May 14, 1992
Vice Mayor Alonso: Yes, and they were active calling our offices. We
received...
Mr. Capo: Yes. Very concerned.
Vice Mayor Alonso: ... many phone calls from different neighbors and we
appreciate your letting us know.
Mayor Suarez: And schedule meetings and invite us, and come to see us. I
mean, we're accessible.
Mr. Jay Plotkin: My name is Jay Plotkin. I'm...
Mayor Suarez: I have a feeling we're going to hear from the whole crew,
regardless of how hard I try.
Mr. Plotkin: One more. No, not the whole group. Let me just tell you, Mr.
Mayor and fellow Commissioners, Commissioner De Yurre was at our meeting. I
am the acting president of the Venetian Islands Improvement Association. We
had called a meeting. We had tremendous support. I believe there was close
to 400 people there. All of the City of Miami Beach Commission was there.
Commissioner De Yurre was there and was well aware of the real support that we
have amongst this community to maintain the integrity and character of this
island community, which just happens to have a causeway running through its
heart. Let us keep that heart alive. Let us keep this causeway preserved for
the benefit of all of Miami, Miami Beach and Dade County.
Mayor Suarez: Very good, Jay.
Mr. Plotkin: Thank you very much.
Commissioner Dawkins: Good, and I have no problems understanding, sir, that
the Police don't know where you are. Because I've been a Commissioner 11
years, and I had a policeman the other day, who has been on the police force
18 years, and didn't know I was a Commissioner. So I can easily understand
it.
Mr. Plotkin: I feel for you, then.
Vice Mayor Alonso: Yes. He did not recognize me, either.
Mr. Plotkin: We'll be happy to have you come and have the Police Department
come and look at our islands closely so they know what we're talking about.
Vice Mayor Alonso: Yes.
Commissioner Dawkins: No, somebody needs to tell the Police Department you're
there. .
Mr. Plotkin: Thank you.
Mayor Suarez: You know, we have a saying whenever 400 or more citizens are
gathered, there we go.. So...
15 May 14, 1992
Mr. Plotkin: Thank you very much.
Mayor Suarez: There we show up. All right.
----------------------------------------------------------------------------
4. GENERAL COMMENTS CONCERNING CONSENT AGENDA (See label 10).
Mayor Suarez: Items CA-1 through CA-22 constitute the Consent Agenda. If
anyone wishes to be heard on any of these items individually, let him step
forward,...
Commissioner Dawkins: OK. I want to...
Mayor Suarez: ... and in the absence of that, if any Commissioner wants any
clarification.
Commissioner Dawkins: I want to pull 4,...
Vice Mayor Alonso: Yes, remember item...
Commissioner Dawkins: Go ahead. I'm sorry. Go ahead, Commissioner.
Vice Mayor Alonso: No, no, no. I was going to remind the Mayor of the memo
of Commissioner Dawkins.
Commissioner Dawkins: OK. I want to pull 4, for discussion. 4, 8, 9, and 11
for discussion only.
Mayor Suarez: Very good. Anyone else from the Commission? Mr. Gonzalez-
Goenaga, sir, you want to make any observations?
Mr. Manuel Gonzalez-Goenaga: Yes, sir. I would like to hear the discussion
first to see if I can have another input.
Mayor Suarez: That's not the way it works, sir. If you have any items of
these that...
Mr. Gonzalez-Goenaga: Well, item 1...
Mayor Suarez: ... you want to address, go ahead and address them now,
collectively, hopefully, because we've got to move on.
Mr. Gonzalez-Goenaga: 1, 49 89 9, 11 and 13.
Mayor Suarez: All right. Go ahead, sir.
Mr. Gonzalez-Goenaga: Well, I'm going to be short for the particular reason
that the Commission today is a long thing.
Mayor Suarez: We appreciate that.
16
May 14, 1992
Mr. Gonzalez-Goenaga: And since this, more or less, accept for these few
observations of some intelligent Commissioners, is a fait accompli. I am just
going to ask some questions. I don't have any objection as to CA-1 regarding
the donation of guns from the Police Department, of confiscated guns from the
Police Department to the Florida Department of Law Enforcement. But, why
don't we donate the hundred and fifty thousand dollars ($150,000.00) that has
been stolen from the Police Department. Mrs. Alonso here requested a thorough
investigation about six months ago, and I have heard that, besides the hundred
and fifty thousand dollars ($150,000.00), some bicycles that we will need here
now, were also stolen, and some marijuana that might be needed for healing
purposes. Where, when are we going to get a full disclosure and make maybe a
video of what is doing, what is the way the Police Department investigates
their own cases? Thank you very much.
Mayor Suarez: Thank you, sir.
Vice Mayor Alonso: Mr. Mayor.
Mr. Gonzalez-Goenaga: And I think to emphasize, I'm going to defer the other
items, but I'd love to have a definite answer with full, fair and honest
disclosure from the virtuous Lieutenant. Thank you very much.
Mayor Suarez: All right. Have a seat, sir.
Mr. Gonzalez-Goenaga: I'll be satisfied with an answer from him.
Mayor Suarez: Have a seat, sir. You completed your remarks. Vice Mayor
Alonso.
Vice Mayor Alonso: Yes. I have CA-16. I have no problem with the item, I
just want two questions after Commissioner Dawkins.
Mayor Suarez: Which one? I'm sorry.
Vice Mayor Alonso: CA-16.
Mayor Suarez: Very good.
17 May 14, 1992
5. DISCUSS AND DEFER PROPOSED RESOLUTION TO ESTABLISH A UNIFORMED BIKE
PATROL (See label 78).
------------------------------------------------------------------------------
Mayor Suarez: All right, Commissioner Dawkins on 4, 8, 9 and 11.
Commissioner Dawkins: OK. On 4, how many bicycles are you going to purchase?
Lt. Joseph Longueira: Five, sir.
Commissioner Dawkins: Five bicycles. OK. And these individuals, this team
will consist of one Sergeant and two officers. Is that correct?
Lt. Longueira: Excuse me, sir. It's initially six personnel. Six bicycles.
Commissioner Dawkins: Hold it. Hold it. Hold it. Hold it. Defer this
until they can get their act together...
Lt. Longueira: No, Commissioner,...
Cormissioner Dawkins: Hold itl Hold itt Hold itl It says here the initial
patrol will consist of one Sergeant and two officers. It does not say six
officers.
Lt. Longueira: That's my error. That's correct. It's six bicycles with one
Sergeant and two officers, initially. Yes.
Commissioner Dawkins: OK. All right. OK? That's one Sergeant and two
officers.
Lt. Longueira: Yes, sir.
Commissioner Dawkins: They are presently employed by the City of Miami?
Lt. Longueira: Yes, sir.
Commissioner Dawkins: So what are you going to buy uniforms for?
Lt. Longueira: Excuse me?
Commissioner Dawkins: What are you going to buy uniforms for.?
Lt. Longueira: Sir, the type of uniforms we currently wear can't be used in
that type of patrol, for the safety of the officers and if we...
Commissioner Dawkins: So then if you buy them the uniforms, do I get the
other uniform allowance back?
Lt. Longueira: No. They use those uniforms for other things, also, sir.
These are just specifically for when they ride the bikes.
18
May 14, 1992
11
Commissioner Dawkins: That's "B." OK.
about, Joe?
How many details are we talking
Lt. Longueira: Initially just one beat, the downtown, Bayside, Bayfront Park,
Biscayne Boulevard area.
Commissioner Dawkins: So a guy on a bicycle will start at Bicentennial Park,
ride straight down Biscayne Boulevard, down Flagler Street to the courthouse,
and turn around and come back?
Lt. Longueira: I don't believe that's the way we patrol. He will patrol that
area.
Commissioner Dawkins: Well, explain to me how the patrol will work, Joe.
That's all, please. Somebody.
Lt. Longueira: It's inside the park, along the Boulevard, around Bayside.
OK? But to tell you that they go back and forth on a predesignated route, I
can't tell you that. That's not the way policemen work.
Commissioner Dawkins: OK. All right. Then what good will this bicycle do me
at Flagler and N.E. 1st Street, if he's riding the bicycle in Bayside? I
mean, now you're telling me that police work - I have no problems with this.
OK? But I'm talking about policing Miami. I'm not talking about policing a
single object. Me, I don't understand how you plan to effectively put this in
operation with three people. I don't understand this, Joe.
Lt. Longueira: Initially, this is just the test portion to start it out, to
see how 1t works, and, hopefully, we'll implement it further.
Commissioner Dawkins: OK, and with three people operating, you can evaluate
whether it's going to be successful or not?
Lt. Longueira: In that area, yes, sir.
Commissioner Dawkins: Well, what about the rest of the damn City? That's
what I keep telling you, Joe. You're hearing me and you're answering just
like you want to answer so I will follow your reasoning. I can't go along
with that.
Lt. Longueira: No, I'm giving you my answers, not what you want to hear.
Commissioner Dawkins: OK. All right. Defer this until they can come back
and show me what they're going to do with this whole project and the rest of
the City.
Commissioner Plummer: Yeah, and I'd like somebody... Second the motion. Joe,
how much are we paying for the bikes? What about all the confiscated bikes?
We've got thousands of them. Go down and raid a Haitian freighter.
Lt. Longueira: Sir, those aren't...
Commissioner Plummer: How much are the bikes?
19 May 14, 1992
Lt. Longueira: Excuse me?
Commissioner Plummer: How much are the bikes?
Commissioner Dawkins: Five hundred dollars.
Lt. Longueira: Well, there's seven hundred and five dollars, the basic bike.
Commissioner Dawkins: Per bike.
Lt. Longueira: There are other things that...
Commissioner Plummer: The basic bike is seven hundred and five.
Lt. Longueira: There are other things that go on it. Headlights, bags, you
know, bicycle locks. Things like that.
Commissioner Dawkins: A radio.
Commissioner Plummer: How much is the bike? What happened to the little
scooters that we had downtown that didn't prove to be worthwhile? Now we're
going from those that didn't prove to be worthwhile to bikes that don't prove
to be worthwhile to golf carts... I mean, what in the hell are we coming to?
Sgt. Mike Liotti: Mr. Commissioner, I did the research on this. I'm Sergeant
Liotti with the Police Department, I'm assigned to the field support section.
I did three months' of research on the bike patrol.
Mayor Suarez: Did you put your name in the record, or do you want to not have
it in the record?
Commissioner Plummer: Well, hold it. Excuse me.
Sgt. Liotti: OK. Just address those...
Commissioner Plummer: The matter is going to be deferred, so talk to it at
the next issue. I mean, at this particular... Is that what I'm understanding?
Commissioner Dawkins: That's my motion.
Commissioner Plummer: Oh. OK. I'm assuming that's what you want to do, is
to...
Mayor Suarez: We have a motion and a second to defer?
Commissioner Plummer: Yeah. Yeah.
Commissioner Dawkins: We didn't move the rest of the agenda, Mr. Mayor.
Mayor Suarez: I guess we can move individually to defer one of the Consent
Agenda, and then move collectively as to the rest.
Ms. Matty Hirai: Yes.
20 May 14, 1992
Mayor Suarez: Right.
item which was...
OK. So moved and seconded to defer this particular
Commissioner Dawkins: No, that's 4, 8 and what I had.
Mayor Suarez: 4, 80 9 and 11?
Commissioner Dawkins: Yes.
Mayor Suarez: All four of them? OK.
A. Quinn Jones III, Esq.: Mr. Mayor.
Commissioner Dawkins: Oh, I'm Just discussing them, and then you're going to
vote collectively. OK. No problem. But we're deferring this one.
Mayor Suarez: Item 4, right?
Commissioner Dawkins: Yes.
Mayor Suarez: On Consent Agenda item 4, moved and seconded to defer. Cali
the roll, please.
THEREUPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND
SECONDED BY COMMISSIONER PLUMMER, THIS ITEM WAS
DEFERRED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Piummner, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Norse.
Commissioner Plummer: Also. Excuse me, Commissioner.
Commissioner Dawkins: Go right ahead, Mr. Commissioner.
Commissioner Plummer: Joe, when you come back on that bicycle thing, would
you please address the Mayor's and others concerned up here about the fact
that you only have nine on motorcycles with 33 motorcycles sitting in the
shed. I think we need to get an answer on that.
Commissioner Dawkins: And why there's no females in training to go on
rrmtorcycles.
Commissioner Plummer: No, well that was asked a couple of meetings ago.
Commissioner Dawkins: No Asians and no Haitians.
21 May 14, 1992
Commissioner Plummer: Why there was not more than nine motorcycles when we
own 33. So if you'll excuse me, I just want to make sure we get an answer on
that also.
6. AUTHORIZE TRANSFER OF $22,500 FROM THE AFFORDABLE HOUSING TRUST FUND TO
THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR CONSULTANT SERVICES IN
PREPARATION OF DOWNTOWN MIAMI HOUSING MARKET ANALYSIS STUDY.
------------------------------ ------------------------------------------------
Mayor Suarez: Commissioner Dawkins, on 8.
Commissioner Dawkins: CA-8. Where is that stuff that Mr... Mr. Matthew
Schwartz, sir.
Mr. Matthew Schwartz: Yes, sir.
Commissioner Dawkins: Mr. Schwartz, Resolution 91-884, it reads:
"Whereas the Downtown Development Authority of the City of Miami,
Florida has requested $25,000.000 from the Affordable Housing Trust
Fund for the preparation of a market analysis study to determine
the feasibility of developing affordable housing within Downtown
Miami."
On the agenda today you say:
"... authorizing the transfer of $22,000.00 from the Affordable
Housing Trust Fund to the Downtown Development Authority for
consulting services in the preparation of a downtown Miami housing
analysis study to determine the feasibility of developing
affordable housing within downtown Miami."
Now, why is it that you need this money to do this? Why? Out of all the
studies we've done, out of all of the issues we have determined that
affordable housing is needed, why this special $22,000.00 is needed?
Mr. Schwartz: The study is needed now because there are a number of
developers who have been trying to get financing for projects in downtown and
one of the major mechanisms for financing today, one of the few available for
moderate income housing is to using from the U.S. Department of Housing and
Urban Development (HUD) FHA (Federal Housing Agency) funding. There's a
question of the market in Miami and there is a very strong market in certain
segments of the downtown housing. We need to show this to assist in getting
financing.
Commissioner Dawkins: OK. Now, low and affordable housing in downtown Miami.
Where in downtown Miami?
Mr. Schwartz: The study area defined is the DDA (Downtown Development
Authority) district, plus the SoutheastfOvertown Park West target area which
extends... Half of it is not in the DDA district over to the expressway.
Commissioner Dawkins: What directions will be given to the consultant to
develop a feasibility study to cover what? Just downtown Miami? No specific
area?
22 May 14, 1992
e
r]
Mr. Schwartz: It will be looking at the downtown housing market. That's from
24th Street and Edgewater on the north, to 15th Road on the south, to
basically I-95 on the west. It will be looking at the Lummus Park, the
Brickell, the Southeast/Overtown...
Commissioner Dawkins: How many studies does the DDA have on these areas now?
Between the DDAs and our housing authority, how many studies you got now?
Mr. Schwartz: The last housing market analysis for downtown was done as part
of the DRI (Development of Regional Impact) process.
Commissioner Dawkins: How many do we have, Mr. Schwartz?
Mr. Schwartz: Current... That are current...
Commissioner Dawkins: In your office. How many could you go in your office
and pull out right now?
Mayor Suarez: Do you have any recent ones?
Mr. Schwartz: I could pull one of them out that is fairly recent, that was
done in the last five years, but the data has changed. There's a
significantly strong housing market today.
Commissioner Dawkins: No, I... OK. Let me tell you this. I have to vote
against this, and the reason I'm voting against it is, this is the same group
that did not want any affordable housing on Claughton Island, and now you come
back and tell me that we're going to put affordable housing across the River
from Claughton Island on Brickell Avenue. Come on. Give me a break. So, I
mean, I just, me, I'm voting against it.
Commissioner Plummer: Mr. Bailey, this is coming out of your money. I'd like
your recommendation. It's coming out of your money. Am I correct?
Mr. Herb Bailey: No.
Commissioner Plummer: Well, excuse me. Matthew Schwartz told me it was
coming out of your bailiwick's treasury, and your funds that you were in
control of. Matthew.
Mr. Schwartz: Commissioner, it's coming from...
Commissioner Plummer: Did I misunderstand you?
Mr. Schwartz: No. It's coming out of the Affordable Housing Trust Fund,
which is administered by...
Commissioner Plummer: By Mr. Bailey.
Mr. Schwartz: ... the Housing Conservation Office. This is a special fund
that can only be used...
23 May 14, 1992
Commissioner Plummer: Mr. Bailey, it's coming out of yours. I want to know
about it.
Mr. Schwartz: No. No. This is a trust fund and that's what the Commission
approved...
Mayor Suarez: Which is generated by development on Brickell.
Mr. Schwartz: On Brickell. And this was approved a few months...
Mayor Suarez: I don't like it either, but I don't know what else we're going
to do with the money.
Mr. Schwartz: ... ago by the City Commission to use these funds for this
study. We're just coming back to the transfer and the fact that we have
selected the consultant now, and ready to begin the study.
Commissioner Plummer: Matthew, obviously you don't understand me. You told
me that this was monies administered by Mr. Bailey.
Mr. Schwartz: Yes, sir.
Commissioner Plummer: I'm asking Mr. Bailey's recommendation. Just that
simple.
Mr. Herb Bailey: Well, we don't administer it, Commissioner. We account for
it, which means we don't make, and have not made any decisions, as to how this
money is to be used, because it's money that you get from developers on what
we call transfer development for certain allowances that they get on zoning,
and that fund is just there. I think the last time that it was brought up,
the Mayor suggested that we come up with a recommendation on how it is to be
used. Unfortunately, we haven't done that.
Commissioner Plummer: Mr. Bailey, I don't think I can accept the fact that
you administer this fund, and you have not known what's here or do not have a
recommendation.
Mr. Bailey: Oh, we...
Commissioner Dawkins: They don't go to him. They overlook him. They don't
care about him.
Mr. Bailey: It's not that we don't know about it, but we just never have used
that for any of our housing projects.
Commissioner Plummer: Well, if I were you, sir, I would resign as head of
that trust.
Mr. Bailey: I'm not head of it, but I'll resign, but I'm not head of it.
Commissioner Plummer: Wow!
Mr. Bailey: I don't have no problem resigning.
24 May 14, 1992
Commissioner Plummer: Your proverbial is on the line.
Mayor Suarez: You can't resign from what you're not on.
Commissioner Dawkins: Let me ask a question, J. L.
Vice Mayor Alonso: Well, I think he should be respected and given information
and listened to.
Commissioner Dawkins: Let me ask a question. Somebody over there. Did I
just understand you to say that this money comes from development in Brickell
Avenue, but you're going to use it as seed money to get HUD money for
affordable housing? Is that what you said?
Mr. Schwartz: Yes, in the downtown area.
Commissioner Dawkins: OK. See,... All right. Downtown is what? See, this
is how... See, I've been here long enough to understand where you're headed.
OK? But you aren't saying it. Downtown is where?
Mr. Schwartz: We define, for this study, downtown as the DDA district, plus
the western portion of...
Commissioner Dawkins: Well, I don't.
Mr. Schwartz: ... the Southeast/Overtown Park West area.
Commissioner Dawkins: I don't. I don't define downtown as that.
Commissioner Plummer: Well, that's easy to change. Three votes of this
Commission changes any of it you want.
Commissioner Dawkins: There you are.
Commissioner Plummer: No, no. Heyl
Commissioner Dawkins: OK. Downtown...
Commissioner Plummer: It took three votes to increase it. Now, you can take
three votes to decrease it.
Commissioner Dawkins: OK. Well, I think you need to come back and see all of
us and let us tell you what we think downtown is. OK? It's just that simple.
Jeffrey Bercow, Esq.: Commissioner.
Commissioner Dawkins: Yes, sir, Mr. Bercow.
Mr. Bercow: Jeffrey Bercow, I'm a DDA board member.
Commissioner Dawkins: Um-hmm.
Mr. Bercow: These monies, this twenty-two thousand five hundred dollars
($22,500.00) was already authorized. It's the same money as the twenty-five
25 May 14, 1992
{
-
thousand dollars ($25,000.00) you referred to that was authorized last year.
You authorized the expenditure. At that point in time, we were simply coming
-
back to get you to approve the consultant.
Commissioner Dawkins: OK. Who is the consultant, Mr. Bercowitz?
-
Mr. Bercow: Bercow.
Commissioner Dawkins: Bercow. OK, Jeff. Who is the consultant?
_
Mr. Bercow: The consultant is the Goodkind Company, and there's a
subcontractor.
ef
Commissioner Dawkins: No, no. Who is the main contractor?
-
Mr. Bercow: Goodkind Associates in Fort Lauderdale.
�a
Commissioner Dawkins: What's his group considered? - minority, non -minority,
_
all minority. What? That firm.
-
Mr. Schwartz: The main consultant is a non -minority company. They...
-
Commissioner Dawkins: All right.
Mr. Bercow: ... have subcontracted with minority companies.
Commissioner Dawkins: Hold it right there. OK?
-A
.
Commissioner Plummer: Out of Fort Lauderdale?
-tl
Commissioner Dawkins: Now, a non -minority firm to study a non -minority
neighborhood to put affordable housing in. Come onl Where are you going?
You think some good white folks are going to vote to put some affordable
housing on Brickell Avenue, with other good white folks? You're out of your
t_
mind. I mean, ain't no consultant you know going to come back and tell you
that affordable housing, and I wouldn't even vote for it, is compatible with
q
what we're doing on Brickell Avenue.
_ "P.
-:
I
Mr. Bercow: That's not the purpose of the study.
Commissioner Dawkins: What's the...
A.
Mr. Bercow: The purpose of the study is to...
Commissioner Dawkins: And now we're getting where I tried to get to before,
Mr. Bercow: The purpose of the study...
'
Commissioner Dawkins: What is the purpose of the study?
tF
Mr. Bercow: The purpose of the study is to verify that there is a demand for
affordable housing...
Commissioner Dawkins: OK. I'll tell you no, now. You don't need the study.
26 May 14, 1992
Mr. Bercow: We do need the study.
Commissioner Dawkins: There is not a...
Mr. Bercow: We met with HUD last week...
Commissioner Dawkins: There is not a demand for affordable housing...
Commissioner Plummer: Jeff, tell it like it is.
Commissioner Dawkins: ... on Brickell Avenue.
Mr. Bercow: I am telling it like it is.
Commissioner Plummer: Let me try. Let's tell 1t like it is. OK? This is
basically to appease HUD. HUD in Jacksonville is saying there are problems
south of 79th Street. That those problems existing is that they have two
facilities that they are very, very much concerned about. This is to say that
there are other areas, but not in competition, so that this will appease HUD.
I think it is money - in my opinion, I still respect my colleague's asking for
a deferment - I think, personally, it's money well spent in this particular to
do nothing but to appease Jacksonville, it's money well spent. OK?
Commissioner Dawkins: No. I'm not going to do...
Commissioner Plummer: But if my colleague is wanting to defer this for
further information, I will vote that way.
Commissioner Dawkins: I'm not going 'to defer it, because to hear my
colleague, who always sits up here saying that you don't waste money, you
don't throw money away, I'm a conservative, I don't see you wasting money. I
don't know why you all want to throw money after this, why you all want to pay
seven hundred dollars ($700.00) for a bicycle that the police feel is safe to
ride on, but now let's just give this consultant firm eleven thousand dollars
($11,000.00) because it satisfies HUD. If that's what my good "blood
brother," "blues brother" wants to do, I vote yes with him.
Mayor Suarez: All right. So moved by...
Commissioner Dawkins: Commissioner Plumper.
Mayor Suarez: ... Commissioner Plummer. Seconded by "blues brother,"
Commissioner Dawkins. Any further discussion?
Commissioner Plummer: Of all the people that have got to make a favorable
motion for DDAI
Mayor Suarez: CA-8, I guess it was.
Mr. Schwartz: We do appreciate it.
Commissioner -Plummer: Please let the record reflect that, that was prompted
by m lobbyist known as "Mr. X."
27 May 149 1992
Vice Mayor Alonso: You know what it shows...
Mayor Suarez: Madam Vice Mayor.
Vice Mayor Alonso: ... that at times when we have items like this, you should
really make an effort to come and visit with us, and explain and give thorough
information so everyone sitting up here will be in a position to understand
this better, and you will be able to give some of the reasoning, and perhaps
make a difference. That's what...
Commissioner Plummer: Miriam, they came to my office to explain at 8:59 this
morning.
Vice Mayor Alonso: You see.
Mayor Suarez: All right. As to CA-8, we have a motion and a second. Any
discussion? If not, we'll take that item individually so we can keep this
agenda as clarified and as expedited as possible. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-279
A RESOLUTION AUTHORIZING THE TRANSFER OF TWENTY-TWO
THOUSAND FIVE HUNDRED DOLLARS ($22,500) FROM THE
AFFORDABLE HOUSING TRUST FUND TO THE DOWNTOWN
DEVELOPMENT AUTHORITY FOR CONSULTANT SERVICES IN THE
PREPARATION OF A DOWNTOWN MIAMI HOUSING MARKET
ANALYSIS STUDY TO DETERMINE THE FEASIBILITY OF
DEVELOPING AFFORDABLE HOUSING WITHIN DOWNTOWN MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I'm going to go on the record. I'm voting for this.
The one thing that displeases me more than anything, is the fact that it's a
Fort Lauderdale firm, and not a local firm. But I'm going to vote yes.
28 May 14, 1992
0
P
Vice Mayor Alonso: Yes. I agree with Commissioner Plummer and what he said.
I understand the position of Commissioner Dawkins, but I think that the only
way that we will be able to get this rolling is by supporting, so I will vote
yes.
Commissioner Dawkins: Since it is a non -minority firm and they have hired a
minority, I vote yes.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Yes. Keep in mind that the philosophical problem that we're
all dealing with is not going to go away because we vote favorably on this
item. The fact of the matter is we're generating monies from the Brickell
corridor, which we would like to see spent for the higher priorities in the
City, than a study to prove that affordable housing is needed...
Commissioner Dawkins: Amen.
Mayor Suarez: ...in Brickell when, intuitively, all of us don't believe that,
and when people...
Mr. Bercow: No, in downtown.
Mayor Suarez: I'm sorry.
Mr. Bercow: In downtown.
Vice Mayor Alonso: Downtown Miami.
Mayor Suarez: Well, 1f you extend it to other parts of downtown, some parts,
it's evident that you need it, and some parts it's evident that you don't, and
I'm not sure why you need a study. We would like somehow, Matt and Jeff, to
go back to this district and to the trust and figure out some way in which we
can really, genuinely improve the conditions on Brickell. We have plazas that
were never completed, we have the old bricks and mortar. Matt, when I took
over as chairman of DDA almost seven years ago, that was the approach. Let's
get back to that. Let's get back to trying to improve physically and
concretely the conditions on Brickell and, you know, let's put a little less
emphasis on studies. I know that, as was stated by my brother Commissioner
Plummer, this is basically to placate HUD, and I was present at the meeting
when we tried to do that, and if we need to do that, by God, let's continue
because their funding is much greater than any of these kinds of monies, and
they've been supportive of our community and we need to provide the study, but
that's not the ideal priority. All right.
Mr. Bercow: We agree, and we are looking to do "bricks and sticks" affordable
housing downtown. We're looking at real projects.
Mayor Suarez: Very good.
Commissioner Dawkins: But you see,... See, but Jeff, we also have, the five
of us, who have been told by residents who live there now, there's no
playground space. There's no place for their kids to play, and yet, instead
29 May 149 1992
of dealing with the problems identified by the residents who are there now, we
are hiring a consultant to come in and tell me about affordable housing. OK?
Mayor Suarez: We're probably the world's experts on affordable housing.
7. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH DAVID M. GRIFFITH AND
ASSOCIATES, LTD., TO PREPARE A CENTRAL SERVICES COST ALLOCATION PLAN --
ALLOCATE $15,000.
Mayor Suarez: CA-9. Commissioner Dawkins, you wanted a clarification.
Commissioner Dawkins: Oh, yes. Somebody explain to me what this is, please?
Mr. Carlos Garcia: Commissioner, this is an indirect cost study that the City
needs to do in order to charge various grants that the City receives, like
Community Development monies, those indirect cost charges back to the grants.
So the City gets about, in excess of half a million dollars ($500,000.00) a
year by using a plan like this one, and being able to charge CDBG (Community
Development Block Grant) back for those monies.
Commissioner Dawkins: Is there nobody within the City of Miami who can do
this?
Mr. Garcia: No, sir. Basically, there...
Commissioner Dawkins: Why not?
Mr. Garcia: ... there is nobody else in the country that can do this. This
firm, this study is a very sophisticated study, it takes a lot of programming
and specialized computer reports and so forth, and basically, there is no
competition to this firm. Their cost is very low compared to what other firms
used to charge, and, basically, we tried, we have contacted other firms,
locally and nationwide, and there is no one that wants to touch the cost, the
price that these people are willing to offer the City.
Commissioner Dawkins: Mr. Fernandez.
Mr. Garcia: Garcia, sir.
Commissioner Dawkins: Garcia. OK. When we... Do we have grant writers in
the City of Miami?
Mr. Garcia: I believe so. Yes.
Commissioner Dawkins: Sir?
Mr. Garcia: I believe so.
Commissioner Dawkins:
since you don't know.
City of Miami?
{
OK. Well, Mr. Manager. Then I'll ask the Manager
Mr. Manager, do we have grant writers employed by the
30
May 14, 1992
11
Mr. Cesar Odio: Yes, sir.
Commissioner Dawkins: When you apply a grant,... I naan, when you fill out
the grant application, on the grant application, is not there a place where
you put in for administrative cost?
Mr. Odio: Yes, sir.
Commissioner Dawkins: Now, if I have applied for a grant, I have written in
the administrative cost. The administrative cost is coming back to me anyway.
What does this company do?
Mr. Odio: Well, you see, that's the problem that why the Federal government
many times add costs to the way of doing business. They still require, in
spite of us putting into the grant, we are going to keep 15% or 20%. They
still require that we do this, or we lose those monies.
Commissioner Dawkins: OK. No further questions. You recommend it?
Mr. Odio: We have no choice, Commissioner.
Commissioner Dawkins: OK. No further questions.
Mr. Odio: It's a Federal guideline.
Vice Mayor Alonso: Yes.
Mayor Suarez: Yes.
Vice Mayor Alonso: One question. You say we save six hundred thousand
dollars ($600,000.00) every year.
Mr. Garcia: We charge approximately six hundred thousand dollars
($600,000.00) to Community Development.
Vice Mayor Alonso: All right. Where do I find this in the budget?
Mr. Garcia: There's a line item, regular line item.
Mr. Odio: Actually, the way you find it is simply what...
Vice Mayor Alonso: The line item you're referring to?
Mr. Odio: No, no, no. Wait. Let me explain. If I may.
Commissioner Dawkins: Well, wait until J. L. finishes.
Mr. Odio: When you pay...
Commissioner Dawkins: Wait until J. L. finishes, then you can answer.
Mr. Odio: OK.
31 May 14, 1992
Commissioner Dawkins: Wait until J. L. finishes.
Vice Mayor
Alonso: No, no. He's not talking.
Mr. Odio:
No. Because you pay salaries.
Vice Mayor
Alonso: It's Carlos who is... —
}
Mr. Odio:
The salaries... What you...
i
.;
Vice Mayor
Alonso: What is the line item he is referring to?
,t
Mr. Odio:
It's not line items. What you do is...
=a
Vice Mayor
Alonso: No line...
r
Mr. Odio:
Excuse me. Let me explain.
x a
Vice Mayor
Alonso: ... item. OK.
Mr. Odio:
Yes, there are...
Vice Mayor Alonso: Yes. No.
Mr. Odio: If I may...
Vice Mayor Alonso: You interrupted him first.
Mr. Odio: I'm sorry. Because the fact is that what we do with the
administrative monies we get back is you pay the employees of the Community
Development Department. That's how you cover their salaries.
Vice Mayor Alonso: So how do I find this...
Mr. Odio: You look...
Vice Mayor Alonso: ... in our budget.
Mr. Odio: You look at...
Vice Mayor Alonso: I see a portion of all of the employees' salary?
Mr. Odio: Yes. Frank can show you...
1 k
.� Vice Mayor Alonso: Is that right?
r'. Mr. Garcia: _ In addition to that, there is a revenue line item in the general
fund that shows indirect cost allocation, I believe it's called. So it's in
the budget...
I Vice Mayor Alonso: How is it called?
Mr. Garcia: Indirect cost allocation, or something to that effect. It's
there. I don't have a budget with me, but I can find it and show it to you.
32 May 14, 1992
rA
Vice Mayor Alonso: And what I see there is this amount?
Mr. Garcia: It should be very close to this. Yes, ma'am.
Vice Mayor Alonso: Should be very close to this amount.
Mr. Garcia: Yes. Right.
Vice Mayor Alonso: Thank you. Well, did you move? I believe Commissioner
Dawkins moved the item? Did you not?
Commissioner Dawkins: No, I didn't. But I will. I just had no further
questions,...
Mayor Suarez: All right.
Commissioner Dawkins: ... but I don't mind moving it.
Mayor Suarez: Thank you. On CA-9 moved and seconded.
Vice Mayor Alonso: Yes.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-280
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE FIRM OF DAVID M. GRIFFITH b
ASSOCIATES, LTD., TO PREPARE A CENTRAL SERVICES COST
ALLOCATION PLAN; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $15,000, FROM SPECIAL PROGRAMS
AND ACCOUNTS, ACCOUNT NO. 921002-270.
(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
t` Commissioner J. L. Plummer, Jr.
i Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
i
r 4
33
May 14, 1992
8. AUTHORIZE MANAGER TO ENTER INTO AN AGREEMENT WITH HOUSING OPPORTUNITIES
PROJECT FOR EXCELLENCE, INC. (H.O.P.E.), TO PROVIDE A $25,000
ADMINISTRATIVE GRANT FOR IMPLEMENTATION OF FAIR HOUSING ENFORCEMENT AND
EDUCATIONAL OUTREACH ACTIVITIES WITHIN CITY'S HOUSING PROGRAMS --
ALLOCATE CDBG FUNDS.
Mayor Suarez: CA-11.
Commissioner Dawkins: Somebody explain to me what CA-11 is, please.
Mr. Frank Castaneda: H.O.P.E., Housing Opportunity Projects for Excellence,
Inc. is a nonprofit entity which assists the County and has been assisting the
City in dealing with making sure that fair housing is being enforced in the
City and in Dade County. They have requested $25,000.00 to assist them in
that effort. That is an administrative responsibility under the Community
Development Block Grant (CDBG) program, and we are recommending Community
Development, as well as the Housing and Conservation Department to proceed
with this. The director of the program is here.
Commissioner Dawkins: Let the director come forward, please. Name and
address, sir, please.
Mr. William Thompson, Jr.: My name is William Thompson, Jr., I'm executive
director of Housing Opportunities Projects for Excellence, Incorporated. We
are located at 19 West Flagler Street, in the Biscayne building, Suite 214.
Commissioner Dawkins: Approximately, sir, how many discrimination housing
suits have you handled the last year within the City of Miami? Approximately.
?` Mr. Thompson: Within the City of Miami, only one.
Commissioner Dawkins: One?
Mr. Thompson: Yes.
Commissioner Dawkins: OK. And although... OK. Well, would you feel that
there is much more out there that need to be addressed? - more housing
discrimination suits that need to be addressed.
Mr. Thompson: Yes. I feel that there is due to the number of complaints that
we receive from within the City of Miami.
Commissioner Dawkins: How many - off the top of your head - how many
complaints have you received in the )ast year? From within the City of Miami.
Mr. Thompson: From within the City of Miami, approximately 25 and that's with
almost no publicity that will acquaint the citizens of Miami with the
existence of our organization. And the reason that I'm asking for the... OK.
34 May 14, 1992
Commissioner Dawkins: OK. Did you initiate, or did you follow through on the
suit, or the claim, where the Miami Herald printed an ad for housing and it
said, "No habla espanol." Did you follow through with that?
Mr. Thompson: Yes, we are...
Commissioner Dawkins: And did you send a Latin there and he was turned down?
Mr. Thompson: I sent three,...
Commissioner Dawkins: OK. And they were what?
Mr. Thompson: ... and they were turned down.
Commissioner Dawkins: All right. And you sent a white, and what happened?
Mr. Thompson: I sent three whites, and they were showed apartments.
Commissioner Dawkins: All right. So we do have a need for this in the City
of Miami. Is that correct?
Mr. Thompson: We definitely do.
Commissioner Dawkins: All right. I don't think, me personally, that you can
adequately attack this with twenty-five thousand dollars ($25,000.00). I
don't feel that way. OK? So I'm going to move that this be... Better listen,
Frank.
Mr. Castaneda: I'm here.
Commissioner Dawkins: ... that this be upped to fifty thousand dollars
($50,000.00) so that we can adequately address the housing discrimination
within the City -of Miami, which I know exists, and everybody up here knows
exists. So I move that this CA-11 be increased from twenty-five to fifty
thousand dollars ($50,000.00). 1 so move.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second.
Vice Mayor Alonso: One question.
Frank?
You will be able to identify the funds,
Mr. Castaneda: It will be tough, but I will be able to identify... I'm
getting this.money from previous years of administration. The only thing,
that in the resolution, give me the flexibility to remove the 14th year and
let me try to find something in previous years.
Commissioner Dawkins: But we are... I mean, for my fellow Commissioners, and
you Mr. Manager, also, we are coming up this afternoon to take a million
dollars ($1,000,000.00) back from somebody. All right. So, yeah. OK. All
right. Hey, I'm...
35 May 14, 1992
fi-
Mr. Castaneda: OK.
Mayor Suarez: Moved and seconded. Any discussion?
Commissioner Plummer: Under discussion.
Mayor Suarez: Yes.
Commissioner Plummer: Mr. Mayor. When you speak of Housing Opportunities
Project for Excellence, that goes to all of this community, I would hope.
Mr. Castaneda: Yeah.
Commissioner Plummer: I would hope. I see spelled out blacks, Haitians,
Hispanics.
Mr. Odio: Commissioner,...
Commissioner Plummer: I asked a question.
Mr. Odio: OK.
Commissioner Dawkins: Of the director, not of us.
Commissioner Plummer: Are there also for the entire community?
Mr., Thompson: We service the entire community of Dade County, and we receive
complaints, I would say, percentage wise, we receive about 20% of our
complaints from whites who are discriminated in other areas.
Commissioner Plummer: OK. My problem, Mr. Director, is that, that's not
spelled out here. The opposite is spelled out, and I just wanted to make sure
that there was not an exclusion....
Mr. Thompson: There is no exclusion.
Commissioner Plummer: ... for some of the community.
Mr. Thompson: There is no exclusion.
Commissioner Plummer: OK.
NOTE FOR THE RECORD: At this point, Commissioner
Dawkins recognizes the presence of State
Representative Luis Morse.
Ms. Matty Hirai: Mr. Mayor, we need to call the roll.
Mayor Suarez: All right, please call the roll.
36 May 14, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-281
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH HOUSING OPPORTUNITIES PROJECT
FOR EXCELLENCE, INC., (HOPE), A FLORIDA NONPROFIT
CORPORATION, TO PROVIDE AN ADMINISTRATIVE GRANT IN THE
AMOUNT OF $50,000 FOR THE IMPLEMENTATION OF FAIR
HOUSING ENFORCEMENT AND EDUCATIONAL OUTREACH
ACTIVITIES WITHIN THE CITY'S HOUSING PROGRAMS, WITH
FUNDS THEREFOR BEING ALLOCATED FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
9. AUTHORIZE MANAGER TO ISSUE REVOCABLE PERMIT FOR USE OF SPACE IN ORANGE
BOWL AND CURTIS PARK AREAS BY REYNOLDS ALUMINUM RECYCLING COMPANY, FOR
THE PLACEMENT OF ONE RECYCLING CAN MACHINE IN EACH OF THE TWO AREAS.
Mayor Suarez: As to the rest of the Consent Agenda,...
Vice Mayor Alonso: No. CA-16.
Mayor Suarez: I'm sorry. Madam Vice Mayor.
Commissioner Plummer: Which one?
Mayor Suarez: CA-16.
Vice Mayor Alonso: CA-16.
Mayor Suarez: Discussion or clarification.
37 May 14, 1992
Vice Mayor Alonso: Yes. My question is since this is a revocable permit, we
can terminate this contract, it is clear enough without any reason, because we
want to.
Mr. Cesar Odio: Yes.
Mr. Al Armada: Yes.
Vice Mayor Alonso: And also, this is for three years?
Mr. Armada: Yes. Three years.
Vice Mayor Alonso: It does not carry any implication because it's done for
three years? -
Mr. Armada: You mean for the termination?
Vice Mayor Alonso: Yes.
Mr. Armada: No. We can terminate it within the three-year period as well.
Vice Mayor Alonso: OK. Fine. Thank you.
Commissioner Plummer: Question.
Vice Mayor Alonso: I so move.
Commissioner Plummer: Are we fully indemnified against any injury, loss or =
any break-in, or any of that? -
Mr. Armada: Absolutely. That...
Commissioner Plummer: Does this thing have to be provided with electricity?
Mr. Armada: No.
Commissioner Plummer: None?
Mr. Armada: Not to my knowledge. No utilities involved, at all. OK?
Commissioner Plummer: OK.
Mayor Suarez: All right. Moved by the Vice Mayor.
Commissioner Plummer: Second.
Mayor Suarez: Commissioner Plummer. CA-16. Call the roll. I'm sorry.
Commissioner De Yurre, discussion. i
38 May 14, 1992
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-282
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO ISSUE A REVOCABLE PERMIT, IN SUBSTANTIALLY
THE ATTACHED FORM, FOR THE USE OF SPACE IN THE ORANGE
BOWL AND CURTIS PARK AREAS BY REYNOLDS ALUMINUM
RECYCLING COMPANY FOR THE PLACEMENT OF ONE RECYCLING
CAN MACHINE IN THE ORANGE BOWL AREA AND ONE RECYCLING
CAN MACHINE IN THE CURTIS PARK AREA; PERMITTEE SHALL
PAY FOR THE USE OF THE AREAS A FEE IN THE AMOUNT OF
$250 PER MONTH, PER SITE FOR THE FIRST YEAR; $300 PER
MONTH, PER SITE FOR THE SECOND YEAR; $350 PER MONTH,
PER SITE FOR THE THIRD YEAR.
(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.
10. (Continued) CONSENT AGENDA (See label 4).
Mayor Suarez: As to the rest of the Consent Agenda, I'll entertain a motion.
A. Quinn Jones III, Esq.: Mr. Mayor, please...
Commissioner Plummer: So moved.
Mr. Jones: ... just one quick clarification on CA-5. I think the original
package, in the title, it talks about extending for one additional year, and
that's been deleted because the agreement doesn't provide for any further
extensions.
Mayor Suarez: OK.
Commissioner Dawkins: What item is this?
39 May 14, 1992
Mayor Suarez: That was on item 5, a clarification as to the term. It's only
one. It's not any additional years after that, right? -
Mr. Jones: Absolutely.
Mayor Suarez: OK.
Commissioner Plummer: Move the Consent, the remainder.
Mayor Suarez: Moved by the Commissioner, with the correction.
Vice Mayor Alonso: Yes.
Mayor Suarez: Seconded by the Vice Mayor. Call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY VICE MAYOR ALONSO, THE CONSENT AGENDA
ITEMS 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.
10.1 CLASSIFY 40 SURPLUS GUNS AS CATEGORY "A" SURPLUS STOCK, WHEN AVAILABLE,
AND DONATE TO FLORIDA DEPARTMENT OF LAW ENFORCEMENT TO BE USED AS TEST /
STUDY ITEMS FOR ITS CRIME LABORATORIES.
RESOLUTION NO. 92-283
A RESOLUTION CLASSIFYING FORTY (40) SURPLUS GUNS, AS
CATEGORY "A" SURPLUS STOCK, SHOULD SUCH GUNS BECOME
AVAILABLE AS SURPLUS CITY STOCK; FURTHER DONATING THE
SAME, AFTER THE EXECUTION OF THE APPROPRIATE RELEASE
DOCUMENTS, TO THE FLORIDA DEPARTMENT OF LAW
ENFORCEMENT, SUCH DONATION TO BE VALID AND EFFECTIVE
BETWEEN MAY 14, 1992 AND MAY 13, 1993; SAID GUNS TO BE
USED BY THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, AS
TEST/STUDY ITEMS FOR ITS CRIME LABORATORIES.
(Here follows body of resolution, omitted here and
on filein the Office of the City Clerk.)
40 May 14, 1992
9
4
E
10.2 AUTHORIZE FUNDING OF THE KIDS OFF THE STREETS PROGRAM -- ALLOCATE
$10,000 (Law Enforcement Trust Fund).
RESOLUTION NO. 92-284
A RESOLUTION AUTHORIZING THE FUNDING OF THE KIDS OFF
STREETS PROGRAM, AND ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $10,000, 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.)
10.3 AUTHORIZE CONTRIBUTION TO THE YOUTH OF AMERICA ROLE MODELS ACTIVITIES
TRIP, SPONSORED THROUGH MARTIN LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION -- ALLOCATE $4,850 (Law Enforcement Trust Fund).
RESOLUTION NO. 92-285
A RESOLUTION AUTHORIZING A CONTRIBUTION TO THE YOUTH
OF AMERICA ROLE MODELS ACTIVITIES TRIP, SPONSORED
THROUGH THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION, AND ALLOCATING FUNDS THEREFOR, IN THE
AMOUNT OF $4,850, 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.)
10.4 APPROVE EXTENSION OF CONTRACT FOR MAILING SERVICES FROM ZIP MAILERS (for
Department of Finance / Treasury Management Division).
RESOLUTION NO. 92-286
A RESOLUTION APPROVING THE EXTENSION OF THE EXISTING
CONTRACT FOR MAILING SERVICES FROM ZIP MAILERS FOR AN
ADDITIONAL ONE (1) YEAR PERIOD ON A CONTRACT BASIS
APPROVED ORIGINALLY PURSUANT TO RESOLUTION NO. 90-338,
BID NO. 89-90-0499 FOR THE DEPARTMENT OF
FINANCE/TREASURY MANAGEMENT DIVISION, AT AN INCREASED
TOTAL PROPOSED AMOUNT OF $20,000.00; ALLOCATING FUNDS
THEREFOR FROM THE 1991-1992 OPERATING BUDGET ACCOUNT
CODE NO. 260301-340 ($15,000.00) AND PROJECT NO.
201000, ACCOUNT CODE NO. 260701-340 ($5,000.00);
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
SERVICE.
41 May 14, 1992
g � s
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10.5 ACCEPT BID: YANES EQUIPMENT, INC., FOR FROW AVENUE WATER MAIN EXTENSION
B-3241-C (CIP 321034) ($18,585) -- EXECUTE CONTRACT.
RESOLUTION NO. 92-287
A RESOLUTION ACCEPTING THE BID OF YANES EQUIPMENT,
INC., IN THE PROPOSED AMOUNT NOT TO EXCEED $14,410.00,
TOTAL BID OF THE PROPOSAL, FOR FROW AVENUE WATER MAIN
EXTENSION B-3241-C; WITH MONIES THEREFOR ALLOCATED
FROM THE FISCAL YEAR 1991-1992 CAPITAL IMPROVEMENT
ORDINANCE NO. 10938, PROJECT NO. 321034, IN THE AMOUNT
OF $14,410.00 TO COVER THE CONTRACT COST AND $4,175.00
TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $18,585.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10.6 ACCEPT BID: J.R. BUILDERS, INC., FOR MODIFICATIONS TO FIRE STATION NO.
6 B-2974-F (CIP 313018) ($67,754) -- EXECUTE CONTRACT.
RESOLUTION NO. 92-288
A RESOLUTION ACCEPTING THE BID OF J.R. BUILDERS, INC.,
IN THE PROPOSED AMOUNT NOT TO EXCEED $54,978.00, TOTAL
BID OF THE PROPOSAL, FOR MODIFICATIONS TO FIRE STATION
NO. 6 B-2974-F; WITH MONIES THEREFOR ALLOCATED FROM
THE FISCAL YEAR 1991-92 CAPITAL IMPROVEMENT ORDINANCE
NO. 10938, PROJECT NO. 313018, IN THE AMOUNT OF
$54,978.00 TO COVER THE CONTRACT COST AND $12,776.00
TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $67,754.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10.7 APPROVE AGREEMENT TO CONTINUE ENTITY KNOWN AS: THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM -- DESIGNATE MANAGER TO CONTINUE
SERVING AS CITY REPRESENTATIVE -- EXECUTE AGREEMENT.
RESOLUTION NO. 92-289
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE
AGREEMENT TO CONTINUE THE ENTITY KNOWN AS THE SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM;
42 May 14, 1992
DESIGNATING THE CITY MANAGER TO CONTINUE SERVING AS
THE CITY OF MIAMI REPRESENTATIVE TO THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, TO CONTINUE THE
ENTITY KNOWN AS THE SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10.8 AUTHORIZE MANAGEMENT TO ENTER INTO EASEMENT AGREEMENT WITH METROPOLITAN
DADE COUNTY TO CLARIFY / DEFINE EASEMENT RIGHTS ON A PORTION OF THE
METROMOVER RIGHT-OF-WAY (ROW) AT COLLEGE NORTH STATION ON N.E. 5 STREET,
FOR VEHICULAR ACCESS TO / FROM THE FEDERAL LAW ENFORCEMENT BUILDING.
RESOLUTION NO. 92-290
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN EASEMENT AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED, BETWEEN THE CITY OF
MIAMI AND METROPOLITAN DADE COUNTY, WHICH AGREEMENT
CLARIFIES AND DEFINES EASEMENT RIGHTS ON A PORTION OF
THE METROMOVER RIGHT-OF-WAY LOCATED AT THE COLLEGE
NORTH STATION ON N.E. 5TH STREET AS REQUIRED FOR
VEHICULAR ACCESS TO AND FROM THE FEDERAL LAW
ENFORCEMENT BUILDING; SAID AGREEMENT TO BE FOR AN
INITIAL TERM OF FIVE YEARS WITH THE OPTION TO RENEW
FOR CONSECUTIVE FIVE (5) YEAR PERIODS, FOR AN AMOUNT
OF $1.00 AS RENTAL PAYABLE IN ADVANCE TO METROPOLITAN
DADE COUNTY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10.9 AUTHORIZE MANAGER TO EXECUTE LEASE AGREEMENT WITH: BLOCK FIVE VENTURE,
A PARTNERSHIP, FOR USE BY THE CITY OF ROOFTOP SPACE AS AN ANTENNA SITE
AT THE SOUTHEAST FINANCIAL CENTER, AT NO COST TO THE CITY.
RESOLUTION NO. 92-291
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH BLOCK FIVE VENTURE, A FLORIDA
LIMITED PARTNERSHIP, FOR THE USE BY THE CITY OF
ROOFTOP SPACE AS AN "ANTENNA SITE" AT THE SOUTHEAST
FINANCIAL CENTER; FURTHER PROVIDING THAT THE USE OF
SAID SPACE SHALL BE AT NO COST TO THE CITY.
43 May 14, 1992
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10.10 AUTHORIZE MANAGER TO ISSUE REVOCABLE PERMIT TO SOUTH FLORIDA COUNCIL,
BOY SCOUTS OF AMERICA / LINCOLN MARTI CAMPOREE, FOR USE OF THE STORAGE
SHED IN CITY -OWNED CARLOS J. ARBOLEYA CAMPING AND PICNIC GROUNDS (7025
WEST FLAGLER STREET).
RESOLUTION NO. 92-292
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ISSUE A REVOCABLE PERMIT TO SOUTH FLORIDA
COUNCIL, BOY SCOUTS OF AMERICA/LINCOLN MARTI CAMPOREE,
IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF THE
STORAGE SHED IN THE CITY -OWNED CARLOS J. ARBOLEYA
CAMPING AND PICNIC GROUNDS, LOCATED AT 7025 WEST
FLAGLER STREET, MIAMI, FLORIDA; SAID PERMITTEE TO PAY
FOR THE USE OF THE AREA AN ANNUAL FEE OF $1.00 IN
ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN
SAID REVOCABLE PERMIT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10.11 AUTHORIZE MANAGER TO ISSUE REVOCABLE PERMIT TO B.A.M.E. DEVELOPMENT
CORPORATION OF SOUTH FLORIDA, INC., FOR USE OF AREA BEHIND THE GREATER
BETHEL AFRICAN METHODIST EPISCOPAL CHURCH (245 N.W. 8 STREET).
RESOLUTION NO. 92-293
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ISSUE A REVOCABLE PERMIT TO B.A.M.E.
DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC., A NOT -
FOR -PROFIT FLORIDA CORPORATION, IN SUBSTANTIALLY THE
ATTACHED FORM, FOR THE USE OF THE AREA LOCATED BEHIND
THE GREATER BETHEL AFRICAN METHODIST EPISCOPAL CHURCH,
LOCATED AT 245 NORTHWEST 8 STREET, MIAMI, FLORIDA;
SAID PERMITTEE TO PAY FOR THE USE OF THE AREA AT AN
ANNUAL FEE OF $1.00 IN SUBSTANTIAL ACCORDANCE WITH THE
TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE
PERMIT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
44 May 14, 1992
10.12 AUTHORIZE MANAGER TO MAKE OFFER AND EXECUTE AGREEMENT WITH PROPERTY
OWNER FOR ACQUISITION OF PARCEL #02-60 WITHIN MODEL CITY COMMUNITY
DEVELOPMENT TARGET AREA, TO BE USED FOR DEVELOPMENT OF LOW AND MODERATE
INCOME FAMILY HOUSING IN CONNECTION WITH MODEL CITY / LITTLE HAVANA
DEMONSTRATION PROGRAM (PROJECT 321025) -- ALLOCATE $9,680 FROM CDBG
FUNDS.
RESOLUTION NO. 92-294
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE PROPERTY
OWNER FOR ACQUISITION OF ONE PARCEL (PARCEL NO. 02-60)
WITHIN THE MODEL CITY COMMUNITY DEVELOPMENT TARGET
AREA, AND WHICH IS MORE PARTICULARLY AND LEGALLY
DESCRIBED IN THE ATTACHED EXHIBITS "A" AND "B", TO BE
USED FOR THE DEVELOPMENT OF HOUSING LOW AND MODERATE
INCOME FAMILIES IN CONNECTION WITH THE MODEL
CITY/LITTLE HAVANA DEMONSTRATION PROGRAM; ALLOCATING
FUNDS IN AN AMOUNT NOT TO EXCEED $9,680 FROM THE LOTH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM UNDER
THE MODEL CITY/LITTLE HAVANA DEMONSTRATION PROGRAM,
PROJECT NUMBER 321025, INDEX CODE 599101, FOR
ACQUISITION OF THE SUBJECT PROPERTY; AND AUTHORIZING
THE CITY ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT
PARCEL AFTER EXAMINATION OF THE ABSTRACT AND
CONFIRMATION OF AN OPINION OF TITLE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10.13 GRANT REQUEST BY RENAISSANCE HISTORICAL SOCIETY OF FLORIDA, INC. FOR
CLOSURE OF DESIGNATED STREETS CONCERNING CELEBRATION OF BASTILLE DAY.
RESOLUTION NO. 92-295
A RESOLUTION RELATED TO BASTILLE DAY TO BE CONDUCTED
BY THE RENAISSANCE HISTORICAL SOCIETY OF FLORIDA, INC.
ON TUESDAY, JULY 14, 1992; AUTHORIZING THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC
SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS
OF POLICE, FIRE, RESCUE AND INSPECTION SERVICES;
CONDITIONING ALL APPROVALS AND AUTHORIZATIONS GRANTED
HEREIN UPON THE ORGANIZERS PAYING FOR THE 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.)
45 May 14, 1992
M -0
10.14 GRANT REQUEST BY LITTLE HAITI OPERATION SAVE EYES FOR PARTIAL USE OF
CERTAIN STREETS DURING THEIR HEALTH WALK.
RESOLUTION NO. 92-296
A RESOLUTION APPROVING THE PARTIAL USE OF CERTAIN
STREETS AND THOROUGHFARES DURING THE OPERATION SAVE
EYES HEALTH WALK TO BE CONDUCTED BY THE LITTLE HAITI
OPERATION SAVE EYES ON JULY 25, 1992 BETWEEN THE HOURS
OF 4:00 P.M. AND 8:00 P.M., SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE, FIRE, RESCUE AND
INSPECTION SERVICES; AUTHORIZING THE POLICE DEPARTMENT
TO CONTROL TRAFFIC FLOW ON THE STREETS TO BE UTILIZED
AS PART OF THE COURSE; CONDITIONING ALL APPROVALS AND
AUTHORIZATIONS HEREIN UPON THE ORGANIZERS PAYING FOR
ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE
FEES ASSOCIATED WITH SAID EVENT AND OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED
BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10.15 ACCEPT PLAT: DOUGLAS GARDENS SOUTH.
RESOLUTION NO. 92-297
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED DOUGLAS GARDENS SOUTH, A SUBDIVISION IN THE
CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE
PLAT AND STREET COMMITTEE, AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO 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.)
10.16 ACCEPT PLAT: HUGHES TRACT.
RESOLUTION NO. 92-298
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED HUGHES TRACT, A SUBDIVISION IN THE CITY OF
MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF ':CIE PLAT
AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY
NANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
46 May 14, 1992
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10.17 ACCEPT PLAT: SIBILA SUBDIVISION
RESOLUTION NO. 92-299
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED SIBILA SUBDIVISION, 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.)
11. CITY COMMISSION COMMENDS PARKS DIRECTOR ALBERTO RUDER FOR EXCELLENT WORK
CONCERNING THE RENOVATIONS OF THE ROBERTO CLEMENTE PARK.
Mayor Suarez: As long as Mr. Ruder and Mr. Smith, Mr. Arboleya are here, but
particularly as to the Parks Department people who are here, Mr. Manager, I
want you to know, yesterday I decided since I had been told that we were ready
to inaugurate Clemente Park, to go the site because I think it's going to
happen on May 30th. I'm glad that we pushed it back a little bit, but I was
very skeptical of how close to completion it was. I want you to know, Mr.
Ruder, that, minus a little bit of turf that is left and a few other minor
things, that is really, really looking great, and I commend you and
congratulate you. I hope that by May 30th, it will in fact be totally
completed, and I'm sure you will so guarantee, but it's a magnificent looking
park,...
Mr. Cesar Odio: Yeah.
Mayor Suarez: ... and I know brother Dawkins here, and the rest of this
Commission and Plummer, who for many years have been talking about Clemente
Park as the worst conditions of any park in the City, if they haven't gotten
the chance to see it lately, are going to be quite pleased.
Mr. Ruder: Yeah, thank you...
Mr. Odio: It's good that we took that street, it really helped.
47
May 14, 1992
Mr. Ruder: Yeah, thank you but most of the credit should go to Public Works
who have managed the project and...
Mayor Suarez: Very good.
Mr. Ruder: ... then we take over once the project is done, so, thank you.
Mayor Suarez: And the irony of it, of course, is for those people who don't
remember is that this 1s a park dedicated to the memory of a great major
league baseball player in an area that has a large number of Puerto Ricans and
the affinity for baseball is known, and the baseball field that was there was
tiny. I mean, it wasn't anywhere close to major league dimensions and now, of
course, it will be, and it's just a magnificent facility that Mr. Goldfarb
will be pleased to report on, on May 30th. It really is looking good, Carl,
and if you take a trip out there, I think you'll be very impressed. All
right.
Mr. Ruder: And also, if I may add, the beauty of it is that we met with the
community all along, and whatever you see there 1s as a result of a joint
effort in...
Mayor Suarez: Yeah, people were involved in the effort. Of course, that also
delayed it a little bit, but we won't go into that.
12. VICE MAYOR ALONSO CLARIFIES PRIOR MISUNDERSTANDING -- CONGRATULATES
TESSI GARCIA AND THE LATIN QUARTER REVIEW BOARD FOR THEIR WORK.
Mayor Suarez: All right. We're on... We finished the Consent Agenda.
Vice Mayor Alonso: Yes. May I, Mr. Mayor?
Mayor Suarez: Vice Mayor Alonso.
Vice Mayor Alonso: Two quick comments. One is in reference to the Latin
Quarter Review Board when several Commissions ago, we had to reappoint or
;!r
r;
nominate people for the Board, I made some comments that the delays that has
r�
cost to the community. Since then some things have been brought to my
l
attention, and I'd like to clarify that I am pleased with the work they are
T
doing. I think it was a misunderstanding because the information was brought
to me by the Administration, and I'd like to take the opportunity at this time
'
to congratulate Tessi Garcia and the rest of the Board for the additional time
they are providing to help the community to resolve the problems, and I think
it's the intent of that Board to work in each and every case to expedite the
process, and some of the delays have been more from the point of lacking the
1
proper communication with the merchants and the people in the area. But I
j
think that the lines of communication have been better established presently,
and I want to take the opportunity now also to congratulate them for the
additional time they are providing to help these people beyond the line of
duty of the work assigned from the Board and giving additional time.
48 May 14, 1992
13. BRIEF COMMENTS BY VICE MAYOR ALONSO CONCERNING THE THREE TOWERS
BUILDING, MAKING A PLEA FOR BETTER PROTECTION TO BE AFFORDED THE
ELDERLY.
Vice Mayor Alonso: And also I'd like to refer to something that we are very
saddened that happened in our community in the Three Towers building. We
saw - and I'm very concerned about some of these things happening in elderly
buildings, is the mentally disabled people that have been given apartments in
buildings that are occupied in the majority by elderly people and we saw this
Incident and, perhaps, I think it's in order, even though this is a hot
project, it's within the limits of the City of Miami, and lately we have seen
that about 50% of the apartments given are to go to younger people, sometimes
disabled, and in many instances, mentally disabled people. I believe it's
very dangerous for the elderly and we should be sending a strong message from
this Commission that the way we feel, if you people agree with me, that the
elderly building should be respected and protected because it's very difficult
for them to feel secure in a building that they know people who are not well
are causing problems and make them feel insecure even within the boundaries of
the apartments.
Mayor Suarez: Absolutely.
14. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: SUMMER FOOD
SERVICE PROGRAM FOR CHILDREN 1992 -- APPROPRIATE $302,677 CONSISTING OF
A GRANT FROM U.S. DEPARTMENT OF AGRICULTURE (USDA) THROUGH FLORIDA
DEPARTMENT OF EDUCATION -- AUTHORIZE MANAGER TO ACCEPT GRANT AWARD.
Mayor Suarez: OK. Item 2. Emergency Ordinance.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion on item 2? If not, please read the
ordinance.
Mr. Cesar Odio: Mr. Mayor, the reason for the emergency is that we received
the notification of grant funds availability in mid -March and this program
begins on June 22nd.
Mayor Suarez: Yes, there's obviously a time emergency there. Call the roll.
May 14, 1992
P
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM
FOR CHILDREN 1992" AND APPROPRIATING FUNDS FOR THE
OPERATION OF SAME IN THE AMOUNT OF $302,677 CONSISTING
OF A GRANT FROM THE UNITED STATES DEPARTMENT OF
AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF
EDUCATION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF
AGRICULTURE AND TO EXECUTE THE NECESSARY DOCUMENT(S)5
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS
PURPOSE; 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Vice Mayor Alonso, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10982.
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 Plummer: Where is the money spent? We've established the fund.
Now, where are the monies being spent? - The award.
Mr. Kevin Smith: It's through the Department of Parks and Recreation,
Commissioner, and we provide lunches,...
50 May 14, 1992
11
Commissioner Plummer: I understand.
Mr. Smith: ... summer lunches through...
Commissioner Plummer: But where is the award for the bidding of the lunches?
Mr. Smith: That's being... At the meeting before last, you authorized us to
piggyback with the County's bid and that's going through on May 19th, I
believe. It's on their agenda to accept the bid of the low bidder for the
County's services and we're piggybacking...
Commissioner Plummer: Mr. Manager, do you think that's the best way for us to
travel?
Mr. Odio: We get the best price. We get a better price.
Commissioner Plummer: And you feel that the quality is there?
Mr. Odio: Yes, sir.
Commissioner Plummer: OK.
Mr. Odio: They're inspected by...
Commissioner Plummer: So in other words, all of this money then, in fact,
will be turned over to the County?
Mr. Odio: No.
Mr. Smith: No, sir.
Mr. Odio: No.
Mr. Smith: No, no, no. We use it to...
Commissioner Plummer: ... or to the County... Who is the contractor?
Commissioner Dawkins: We don't know. They haven't chosen it yet.
Mr. Smith: That hasn't been determined yet. The bids are back. There's a
recommended bidder, but that has not been determined yet by the County. It
hasn't gone to the County to accept the bid yet.
Commissioner Plummer: OK. We learn by history.
Mr. Smith: This is a process we've followed for about the last ten years and
prior to us even recommending this...
Commissioner Plummer: No, it's not the process that you follow.
Mr. Odio: No, we have not. In the past, we have...
Commissioner Plummer: It is not.
51 May 14, 1992
Mr. Odio: We have had...
Commissioner Plummer: And one hell of a lawsuit that I got depositloned three
or four times on, so let's be careful. Learn by history. I'll say no more.
OK?
15. (A) EMERGENCY ORDINANCE: CREATE NEW SPECIAL REVENUE FUND:
RECREATION PROGRAMS FOR THE MENTALLY RETARDED - FY 193 --
APPROPRIATE $304,952 CONSISTING OF TWO GRANTS FROM THE STATE OF
FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
INTO)NECESSARYORIZE AGREEMENT(S).MANAGER TO ACCEPT GRANT AWARDS AND TO ENTER
(B) COMMISSIONER PLUMMER SUGGESTS THAT THE CITY SHOULD EXPRESS ITS
APPRECIATION TO THE ABOVE -CITED GOVERNMENTAL AGENCY.
------------------------------------------------------------------------------
Mayor Suarez: OK. Item 3. Emergency Ordinance.
Vice Mayor Alonso: Move it.
Commissioner Plummer: Move it. Second.
Mayor Suarez: Moved and seconded. If there's no further discussion on it,
read the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE CREATING A NEW SPECIAL REVENUE
FUND ENTITLED: "RECREATION PROGRAMS FOR THE MENTALLY
RETARDED - FY193" AND APPROPRIATING FUNDS FOR ITS
OPERATION IN THE TOTAL AMOUNT OF $304,952 CONSISTING
OF TWO GRANTS FROM THE STATE OF FLORIDA, DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES (HRS) IN THE AMOUNT
OF $254,952 AND $50,000 IN CARRY-OVER FUND BALANCE
FROM THE FY'92 REVENUE FUND OF THE SAME NAME;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT
AWARDS AND TO ENTER INTO THE NECESSARY AGREEMENT(S),
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT
SAID GRANTS AND IMPLEMENT THE PROGRAM; CONTAINING A
REPEALER PROVISION AND A 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:
52
May 14, 1992
L7
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. 10983.
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 Plummer: Mr. Mayor, let me ask a question.
Mayor Suarez: Yes, Commissioner Plummer.
Commissioner Plummer: Mr. Manager, do we ever have the courtesy to turn
around and say thank you to these people? You know, here we've just had two
motions that are six hundred thousand dollars ($600,000.00). One from the
feds and the from the State, and do we ever have the wherewith to turn around
and say, "Hey, HRS thank you very much for your help"?
Mr. Cesar Odio: You know, I don't think we have officially done that ever.
Commissioner Plummer: I think there ought to be some way that we can say
thank you, whether it's in a resolution, a luncheon or something. I just
think that, you know, common courtesy would say that you do something. Take
it from there. Just an idea, Mr. Mayor.
Mayor Suarez: OK.
53
May 14, 1992
-------------------------------------------------------------------------------
16. EMERGENCY ORDINANCE: AMEND 10021, WHICH ESTABLISHED INITIAL RESOURCES I
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND -- PROVIDE FOR AN
INCREASE OF $422,350 AS A RESULT OF ADDITIONAL MONIES DEPOSITED DUE TO
SUCCESSFUL FORFEITURE ACTIONS.
Mayor Suarez: On item 4.
Vice Mayor Alonso: Move it.
Mayor Suarez: Moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Mr. Gonzalez-Goenaga, we'll take any of your
comments in accordance with the City Ordinance, after, is it 4:00 p.m.?
A. Quinn Jones III, Esq.: Yes.
Mayor Suarez: After 4:00 p.m., sir.
Commissioner Plummer: Justify the emergency.
Mr. Odio: On item 4?
Commissioner Plummer: Yes.
Mr. Odio: Because in order to ensure that funds are available for the payment
of expenses on projects now being considered for Commission approval. If
funding is delayed, several of these projects will be unable to operate.
Commissioner Plummer: Did you hear that, Miller?
Mr. Odio: These projects come to your for approval anyway, Commissioner. You
have to have the money in the bank before you can approve them, in the
account.
Commissioner Plummer: I have been informed by Mr. Longueira this morning
that, that which I requested last year will be forthcoming and that is that
all of the money spent from this fund, we would be sent memos on. Now that's
over six months ago, and now you're asking me to go again and approve this,
and I don'tt know what the last six months' monies have been spent for. I
don't think that's fair.
' Mr. Odio: But all you are doing is putting this now in the account. We had
officially taken it over and then you have to approve each program that comes
to you afterwards.
Commissioner Plummer: OK.
54 May 14, 1992
Mr. Odio: We'll get you that by tomorrow. By tomorrow you'll have a list of
what...
Commissioner Plummer: Yep.
Mayor Suarez: Please make sure that all Commissioners get copies.
Commissioner Plummer: Also waiting for my list of those people who make more
than fifty thousand dollars ($50,000.00) total.
Mr. Odio: We're working on that, Commissioner.
Commissioner Plummer: Still waiting for that one.
Mayor Suarez: OK. On the emergency ordinance. We have stated the reason for
the emergency. We have a motion and a second. Read the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021,
ADOPTED ON JULY 189 1985, AS AMENDED, WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND
RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257,
ADOPTED APRIL 9, 1981, TO PROVIDE FOR AN INCREASE IN
THE AMOUNT OF $422,350 AS A RESULT OF ADDITIONAL
MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Alonso and seconded by Commissioner De
Yurre, 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 Vice Mayor Alonso and seconded by
Commissioner De Yurre, adopted said ordinance by the following vote:
55 May 14, 1992
E
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J .L. P1 unmer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10984.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
17. (A) SECOND READING ORDINANCE: AMEND CODE SECTIONS 14-26 AND 14-27
(DOWNTOWN DEVELOPMENT AUTHORITY BOARD) -- PROVIDE THAT ONE
MEMBER OF THE CITY COMMISSION SHALL SERVE AS CHAIRPERSON --
PROVIDE THAT ANY MEMBER OF THE CITY COMMISSION SHALL BE ELIGIBLE
FOR APPOINTMENT.
(B) VICE MAYOR ALONSO PROTESTS THAT DURING HER TENURE SHE HAS NEVER
CHAIRED ANY CITY BOARD -- ALLEGES DISCRIMINATORY PRACTICES.
------------------------------------------------------------------------------
Mayor Suarez: Item 5. Second reading ordinance.
Commissioner Plummer: Oh, I don't know about that. No.
Mayor Suarez: Changing the...
Commissioner Plummer: Do we have a commitment that he will destroy it within
four months?
Mayor Suarez: Like they used to do in detective shows where you get the
information in a television video or something and it destroys afterwards.
Commissioner Plummer: "Mission Impossible."
Mayor Suarez: "Mission Impossible."
Commissioner Plummer: Has it been moved?
Mayor Suarez: Yes. Moved.
Commissioner Plummer: I second.
Mayor Suarez: Second. Any discussion? If not, please read the ordinance.
56
May 14, 1992
't 0
AN ORDINANCE -
AN ORDINANCE AMENDING SECTIONS 14-26 AND 14-27 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
CONCERNING THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD,
BY PROVIDING THAT ONE (1) MEMBER Or THE CITY
COMMISSION SHALL SERVE AS CHAIRPERSON OF THE BOARD AND
THE TWENTY-NINTH (2) MEMBER; FURTHER BY DELETING THE
PROVISION WHICH ALLOWS THE MAYOR TO RELINQUISH THE
POSITION OF CHAIRMAN; FURTHER PROVIDING THAT ANY
MEMBER OF THE CITY COMMISSION SHALL BE ELIGIBLE FOR
APPOINTMENT TO THE BOARD; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of April 30, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Be Yurre, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Vice Mayor Miriam Alonso
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10985.
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.
Vice Mayor Alonso: Yes. May I make some comments,...
Mayor Suarez: Yes.
Vice Mayor Alonso: ... Mr. Mayor, for the record.
Mayor Suarez: Madam Vice Mayor.
Vice Mayor Alonso: And in reference to this item and because it relates to a
position of chairman of Downtown - the DDA - I'd like to say for the record
that I've been here almost three years and I have not been chairman of any
authority or given any kind of responsibility. If you look at all five of us,
you will see that the only female on this Commission is a woman. It happens
to be that this is a world, and this the message to all women that we live in
a controlled society and that males are still in power. In my case, and I
appreciate what the Mayor did the other day, but it has to go to the voters
for approval. In the case of the rest of the members of the Commission, it
just takes three votes for approval or a change, as in the case of
Commissioner Be Yurre who happens to complete one authority
57 May 14, 1992
and immediately will move to the next. I think this is about time that
people realize that females have equal rights as the rest of you people. And
I can only think that the reason that this is happening is because I happen to
be a woman. I want you to know that I am as capable as anyone of you to be
chairman of a authority and that I resent, that in my case, in order to be
given the experience it has to go to the voters, and in the rest of the
members of this Commission it's only by three votes.
Commissioner Plummer: Once again, for the record, to my colleague this male
member offers you my seat two any time that you would like them.
Mayor Suarez: All right.
Commissioner De Yurre: Mr. Mayor, I think it should be stated, for the
record, that when we're up hare I don't see Commissioner Alonso as a female or
anything else, other than a Commissioner, and for the record, and I was
waiting at the last Commission meeting, she had expressed awhile ago that she
wanted to take over the ITB (International Trade Board) and I was waiting for
her to move in that direction and some how that petered out, so, so much for
that.
i Vice Mayor Alonso: I think that the comment the Commissioner De Yurre just
made that he just sees me as a member of the Commission is the same comment
that society has been making for years and years. So we have heard that
before. Thank you.
} Commissioner Dawkins: I would like to also say that I, I do see you as a lady
because that is what you are.
Vice Mayor Alonso: Thank you. I appreciate that.
Commissioner Dawkins: And I also see that I've been here just like you have
and I haven't seen you go as chairperson of any committee. I saw that also.
And I think it sort of unfair, not unfair, but I wouldn't suggest to you that
you take the International Trade Board when your son-in-law is in charge, and
they be charging you with nepotism. If any other board you wanted to go to I
could support you, but I couldn't vote for you to go to the ITF because that's
where your son-in-law works and you don't need that.
Vice Mayor Alonso: Exactly.
Commissioner Dawkins: But you can also pick up the paper this morning and see
that women are still complaining. The lady astronaut up there said she's very
angry that they did not let her go out and wrestle with a loose cannon up
there. So, it's not just happening here. It's happening everywhere.
Vice Mayor Alonso: That's right, women left out of a space walk. So we
should remember...
Commissioner Dawkins: You left out every place but the maternity room.
Vice Mayor Alonso: ...that society is still doing this to us.
Commissioner Dawkins: We can't leave you out of the maternity room.
58 May 14, 1992
f M `
Mayor Suarez: That's certainly the case.
Vice Mayor Alonso: I think that perhaps they still believe our place is in
the kitchen. But the world has changed a lot, and I hope that at all levels
this is understood.
18. DIRECT ADMINISTRATION TO SCHEDULE PUBLIC HEARING IN CONNECTION WITH THE
DOWNTOWN DEVELOPMENT AUTHORITY (DDA), THE DOWNTOWN DEVELOPMENT DISTRICT,
AND ALL ASPECTS ENCOMPASSED BY IT.
Mayor Suarez: On item 6 there was a request to this Commission to discuss the
status of the Downtown Development Authority under State Statute...
Commissioner Plummer: Yeah. Right. I asked for it, Mr. Mayor.
Mayor Suarez: This is about as technical and complicated an issue as I've
ever encountered. Commissioner Plummer.
Commissioner Plummer: I am asking to be brought up-to-date as to what we read
in the paper. As to the so called change in the structure of the DDA
(Downtown Development Authority) as it relates to this City Commission. You
know, 1 think we need to know if we don't have any control over their budget,
'.
and have no chance of controlling their budget that, you know, let's know that
and let the public know that so that when they screw up we're not going to be
blamed for it, you know, and when they ask for money at the beginning of the
year when they don't have money to operate, don't come asking us, don't knock
on this door. So, what I want to say to this Commission is let's find out
exactly where we stand. I've not been informed of a change except by a
t :ti
newspaper, and I think I am entitled to know a little bit more than what I
al
read in a newspaper. I would hope that the DDA is prepared to speak to it.
Mr. Joel Maxwell: Mr. Mayor.
Mayor Suarez: Yes, Joel.
Mr. Maxwell: If I may the DDA (Downtown Development Authority) has asked for
a legal opinion from the City Attorney's office on that, and if I may, I would
like to address 1t for them.
Commissioner Plummer: Would you start off by telling me because I read the
article, 1f there's any truth to it. They asked for legislative action to be
set aside from the City Commission and it affected three different DDAs, is
that correct?
Mr. Maxwell: No, sir, I don't recall that happening.
Commissioner Plummer: OK. I read a letter from the one who gave them the
opinion in the State, but go ahead.
59 May 14, 1992
Mr. Maxwell: I'll tell you what is my understanding of what occurred. The
DDA asked for a legal opinion as to a out... they asked for outside counsel
back in, I believe it was in January, to render a legal opinion as to their
status. I am legal counsel from the City Attorney's Office to that Board as
well, but I felt that I had a conflict of interest, so they did obtain outside
counsel, his name was John Shubin. He rendered a legal opinion, and that
legal opinion speaks for itself, and I won't attempt to say what Mr. Shubin
said. However, I do not agree with what has been said in the newspaper, and
attributed to Mr. Shubin and also to, with all respect, our former City
Attorney, Mr. Knox, that the DCA's (Department of Community Affairs) action
indicates, or in fact, says that the DDA's budget is no longer subject to City
Commission approval. It is my opinion that it is still subject to City
Commission approval. That the DCA's action, rather, did not change the City
Code, excuse me, did not change the City Code's requirements that the City
Commission approve their budget. Chapter 200 of Florida Statutes says that,
not withstanding the fact, that the City Commission appoints members to that
board, that it approves the budget, that it shall be considered an independent
board. Therefore, the City Commission still has the authority to approve
their budget.
Commissioner Plummer: So are we traveling along that assumption until
otherwise...
Mr. Maxwell: Until the City, until rather the legislature deems otherwise.
Commissioner Plummer: Do we not still set their millage?
Mr. Maxwell: Yes, sir.
Commissioner Plummer: There was no question that we have the right to do
that?
Mr. Maxwell: Correct.
Commissioner Plummer: So if we set their millage at zero they have no budget
to review.
Mr. Maxwell: That's correct. Let me give you little more information...
Commissioner Plummer: OK.
Mr. Maxwell: ...on why...
Commissioner Plummer: That's pretty clear.
Mr. Maxwell: Let me give...
Commissioner Plummer: Dawkins, you can cut it down to about... you know how
they gerimander up in the State of Florida. You know they take that line and
they run it this way and that way. Between gerimandering and no millage I
think we can control the DDA.
Mr. Maxwell: Let me tell you why that's important, sir, if I may...
60 May 14, 1992
Commissioner Plummer: Sure.
Mr. Maxwell: ...because 1t 1s important. As a dependent special taxing
district, and that was the question, you were classified... DDA rather had two
classifications and that was a problem prior to the DCA's actions. You
were... the DDA was classified... all these acroynms here. The DDA was
classified as an independent district for millage purposes. It was classified
as a dependent district for reporting purposes. Now that's important because
if they are a dependent district, they can not... the aggregate total... the
aggregate millage cannot exceed the constitutional 10 mill cap. Therefore,
their half mill would be counted in with the City's millage and possibly could
exceed it and violate the constitution. As an independent district you can go
beyond the 10 mill cap.
Commissioner Plummer: Outside of.
Mr. Maxwell: That's correct. So that's what was important. So what the DDA
did was say we consider you independent, we will not count your half mill in
with the City's. So you have additional tax and authority. So it was very
r; important.
Commissioner Plummer: Question. This Mr. Shubin, is that what you said?
Mr. Maxwell: Yes, sir.
Commissioner Plummer: What is he getting paid to act as their counsel?
Mr. Maxwell: I will let Mr. Schwartz answer that question.
Commissioner Plummer: Mr. Schwartz?
Mr. Matthew Schwartz: The total contract with Mr. Shubin is not to exceed
five thousand dollars ($5,000.00). To date he has been paid three thousand
dollars ($3,000.00) for services.
Commissioner Plummer: Five thousand for the year?
Mr. Schwartz: For this... yeah.
Commissioner Plummer: For the year?
Mr. Schwartz: Yeah. We... DDA provides funding to the City for the services
of the Law Department. The Law Department is our legal counsel.
Commissioner Plummer: But he's no longer... he... is my. Did I not
understand him to say that the City Law Department will know longer act as
your legal counsel?
Mr. Maxwell: No, sir. We had a conflict as to this particular issue.
Commissioner Plummer: Oh. OK.
Mr. Maxwell: Only to this issue.
61 May 14, 1992
Commissioner Plummer: And the five thousand that Mr. Shubin will receive.
Was that budgeted?
Mr. Schwartz: It will come out of a reallocation. There are... in the
categories the budget.
Commissioner Plummer: Anything over five thousand this Commission has to
approve, as I recall.
Mayor Suarez: Yes, I believe...
Commissioner Plummer: That was part of the budget.
Mayor Suarez: ...that's the case as to that and the Sports Exhibition
Authority and the Offstreet Parking Authority.
Commissioner Plummer: Right. Now did you get... did anybody get approval of
this to go out and spend that five thousand?
Mr. Maxwell: Sir, I don't believe that's exactly correct. The DDA can
contract itself. It has the authority to contract.
Mayor Suarez: But the line item budget...
Commissioner Plummer: Any change...
Mayor Suarez: ...approval by this Commission, you know,...
Commissioner Plummer: ..of five thousand or more was to be approved by this
Commission.
Mayor Suarez: ...is condition on no expenditure being changed in a line item
budget of any of the three authorities in excess of five thousand. Maybe you
just made it under one dollar.
Mr. Schwartz: No we... the funding was provided under... we have consulting
services... there was a category. There was a hundred and thirty thousand
}
dollars ($130,000.00)...
Mayor Suarez: Oh, there's no line item change.
x
{ Mr. Schwartz: ...so it was under that line item.
Mr. Maxwell. No, sir, you've already approved that.
Commissioner Plummer: That's where you are hiding it. Thank you, sir, I'll
remember that in October.
Mayor Suarez: OK.
Commissioner Plummer: You going to change the district or not? When?
Schedule it for the next meeting.
Commissioner Dawkins. So moved.
62 May 14, 1992
Commissioner Plummer: I second.
Mayor Suarez: So moved and seconded. We have hearing on the DDA district and
what it encompasses.
Commissioner Plummer: Correct.
Mayor Suarez: Call the roll on that motion.
The following motio,1 was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-300
A MOTION DIRECTING THE ADMINISTRATION TO SCHEDULE A
PUBLIC HEARING FOR THE NEXT CITY COMMISSION MEETING IN
CONNECTIONS WITH THE DOWNTOWN DEVELOPMENT AUTHORITY
(DDA), THE DDA DISTRICT, AND ALL ASPECTS ENCOMPASSED
BY IT.
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.
19. (A)
FIRST READING ORDINANCE: AMEND 10912, WHICH ESTABLISHED -
INITIAL RESOURCES / APPROPRIATIONS FOR SPECIAL REVENUE FUND:
ASSET TRACKING -- PROVIDE FOR A $34,500 INCREASE RESULTING FROM
SUCCESSFUL APPLICATION FOR ADDITIONAL GRANT FUNDS -- AUTHORIZE
MANAGER TO ACCEPT GRANT FROM U.S. DEPARTMENT OF JUSTICE.
(B)
COMMISSIONER PLUMMER CONTINUES TO QUESTION POLICE DEPARTMENT _
ADMINISTRATOR CONCERNING THE USE OF SWORN POLICE OFFICERS.
(C)
COMMISSIONER DAWKINS REQUESTS CITY ATTORNEY TO CLARIFY THE
DEFINITION OF COMPENSATORY TIME.
------------------------------------------------------------------------------
Mayor Suarez:
First reading item 7. Ordinance establishing...
Vice Mayor Alonso: Move it.
Mayor Suarez:
...initial resource initial...
63 May 14, 1992
E.
Commissioner Plummer: Seven?
0
Mayor Suarez.- ...appropriations special revenue fund as a tracking. Moved
and seconded. Any discussion, if not, please read the ordinance.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.)
Mayor Suarez: Call the roll.
Commissioner Dawkins: Oopl
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Explain the operation, Joe.
Lt. Joseph Longueira: Sir, what this does is it primarily involves an analyst
and investigators that target assets of drug dealers and career criminals so
that we can go after the assets to confiscate them. That's basically what it
does.
Commissioner Dawkins: Who supervises the operation?
Lt. Longueira: Ultimately, probably, under a lieutenant, which has a major
over him and an assistant chief over him.
Commissioner Dawkins: How many officers are assigned to this operation?
Lt. Longueira: It would vary at times cause this is above and beyond their
regular duties, and they use overtime funds. So depending on the operation of
the, that they're doing, there could be multiple officers. But some of this
money that is provided 1s for overtime.
Commissioner Dawkins: Oh. Some of it, or all of it?
Lt. Longueira: No. Some of it. Some of it's for equipment. Some of it's
for data processing, computer services.
Commissioner Dawkins: From where? With all the computers we got.
Lt. Longueira: Well some of the things we have to do is tract court records
on ownership of properties. We're utilizing a computer with data processing
services to find out who owns what properties, so that we can go after the
owners.
Commissioner Dawkins: And you can't put that in the A -frame that we have?
That kind of software?
Commissioner Plummer: No, because they got stand alone computers. Mr.
Manager, may I inquire of you, sir, why sworn police officers? To me this is
the job of a CPA (certified public accountant) or finance man. Why sworn
officers?
64 May 14, 1992
Lt. Longueira: No. Sworn officers are involved in some of the investigative
part. The tracking of like the property and stuff, that's done by a crime
analyst. OK. It's a civilian. It's not a sworn officer. But there are
times in building the cases that you need sworn officers to do certain things.
Commissioner Dawkins: OK. Give me a breakdown from April 30, 1992 back to
March 30, 1991 of the total amount of money gotten through this accessed
tracking fund, with a breakdown of how was spent in overtime, how much for
equipment and how much for data services?
Commissioner Plummer: May I inquire Joe, that you not only say how much was
dollars in overtime, but how much was comp. They're using that now in the NET
(Neighborhood Enhancement Team) Program I understand. They're using comp time
rather than dollars to put extra men out on the street at time and a half.
Lt. Longueira: Right. But understand...
Commissioner Dawkins: Wait. Hold it, hold it. You lose me now.
Commissioner Plummer: Yeah, oh yeah. This is a new trick on the block.
Commissioner Dawkins: Wait a minute. Hold it. Comp time is compensatory...
Lt. Longueira: Compensatory time, sir.
Commissioner Dawkins: Al right. Then you don't pay money for comp time.
You give time off.
Lt. Longueira: To a point.
Commissioner Dawkins: Oh. No.
Lt. Longueira: But under the fair labor standards law, at some point...
Commissioner Dawkins: Mr. City Attorney...
3
Lt. Longueira: ...the employee could demand he be paid.
Commissioner Dawkins: Mr. City Attorney.
A. Quinn Jones, Esq.: Yes, sir.
Commissioner Dawkins: I can not tell the Manager how to run the City of
Miami. That's in violation of the Charter. Right?
Mr. Jones: That's correct.
Commissioner Dawkins: How do I demand...
Commissioner Plummer: Set policy.
i
Commissioner Dawkins: OK. How do I demand that somebody sit down and explain
to me...
;f
65 May 14, 1992
Commissioner Plummer: I'll back off.
Commissioner Dawkins: ...how is it that in my office when it's comp time I
give time off. When everybody elses office is time... that's why you call it
compensatory time. So that you know that you are working for time off. But
now I am being told that it's not that. We just call it that so that the
Commissioners will be hoodwinked, and think we're giving them time off when
we're actually paying them money. Now how do I do that, sir.
Mr. Jones: Commissioner what you've asked really is an interpretation of Fair
Labor Standards Act which really governs overtime provisions as relates to
employees. I understand what you're saying about comp time whatever, but any
time you cause a employee to work beyond his or her regular schedule then, of
course, that person is subject to being paid overtime.
Mr. Odio: Maybe I can explain...
Mr. Jones: Would you let me finish, please?
i Mr. Odio: OK.
Mr. Jones: Thank you. Even if that person... because I am aware of many
instances where the employee may want comp time, compensatory time, as opposed
to receiving any actual time.
Commissioner Dawkins: Wait a minute. Before you go any further let me ask
one question. What your telling me is if a person works beyond their eight
hours, they must be compensated.
Mr. Jones: Depending on their status.
i Commissioner Dawkins: It must be compensated.
Mr. Jones: No. Depending on their classification. OK. You have managerial
confidential, for instance, in my department. My attorneys who are
professional. There are certain categories that exempt from overtime
provisions. Those employees that are categorized as executive, professional
and administrative employees. OK. Depending on their status that would
dictate as to whether, in fact, they would be subject to overtime.
Commissioner Dawkins: Now, those who must be paid. Who are not under
contract not to be paid, see. Because you are hanging me up on the stuff that
I don't need. OK. Those who are not entitled to overtime I don't even want
to discuss than, Mr. City Attorney. All I am discussing is those individuals
who, through their contract or through their jobs, are entitled to
compensation for working over eight hours. That's all I want to discuss.
Mr. Jones: Then if that's the case, they're entitled to what they should be
paid.
Commissioner Dawkins: Oh. Eight hours a day.
Commissioner Plummer: No. Most of them are working 10 hour days so it would
be 40 hour week.
66 May 14, 1992
79
Lj
Commissioner Dawkins: All right. Forty hour week. OK. Now, when according
to not the City of Miami, but the U.S. Department of Labor, anything over 40
hours must be compensated.
Mr. Jones: Again if they're entitled to it they can be compensated.
Commissioner Dawkins: All right. I need to know, from you, what's the legal
way to find out why is it that there is two sets of comp. One where you get
time off, and the other where It's called comp but you are paid.
Mr. Jones: Well the way to go about that is basically to look at any policies
that may be in effect, that personnel management may have in effect that may
govern that procedure.
Commissioner Plummer: But you see, that's the problem. We don't know what
those policies are. That's the problem. OK. We do not set those policies.
No, we don't. It's like the departmental rules of the Police Department.
Most of the law suits that are generated against the Police Department are
generated because of departmental regulations in that book, which we do not
set nor do we approve. Yet we're the ones who have to sit back when the
lawsuits come in to us, and we have to take the brunt of what was wrong when
we had no control over the up -front part of that book, and that's what I am
saying to you where the problem comes. That if we're going to be setting
policy as to what extent, I guarantee you there's not Commissioner up here,
beside myself, who have ever had the opportunity to go through that very thick
book called departmental regulations.
Commissioner Dawkins: After I've been here 20 years I will.
Commissioner Plummer: OK. That's what I am saying to you. Yet we don't
know. I say we. We, the Commissioners, don't know exactly what's 1n that
book.
Mayor Suarez: Your business is item 8?
Mr. Odio: You have not approved 7.
Commissioner Dawkins: You didn't call the roll. You didn't call the roll on
7.
Mr. Jones: You took a vote on 7?
Mayor Suarez: Do we have a motion, and a second on the item?
Vice Mayor Alonso: This 1s 7. I move 7 because we should accept this right.
Commissioner Dawkins: Hum -hum. Second.
Commissioner Plummer: Of course.
Mayor Suarez: Moved and seconded. Read the ordinance please.
Mr. Jones: The ordinance has already been read, Mr. Mayor.
67 May 14, 1992
Commissioner Plummer: With the provisions of the request of Dawkins.
Mayor Suarez: As revised and clarified. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 10912, ADOPTED ON
SEPTEMBER 11, 1991, WHICH ESTABLISHED INITIAL
RESOURCES AND INITIAL APPROPRIATIONS FOR THE SPECIAL
REVENUE FUND ENTITLED "ASSET TRACKING," TO PROVIDE FOR
AN INCREASE IN THE AMOUNT OF $34,500 AS A RESULT OF A
SUCCESSFUL APPLICATION FOR ADDITIONAL_ GRANT FUNDS, AND
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT OF
$34,500 FROM THE U.S. DEPARTMENT OF JUSTICE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Vice Mayor Alonso and seconded by Commissioner Plummer
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.
20. FIRST READING ORDINANCE: AMEND 10913, WHICH ESTABLISHED INITIAL
RESOURCES / APPROPRIATIONS FOR SPECIAL REVENUE FUND: GEOGRAPHIC
TARGETING PROGRAMS -- PROVIDE FOR $65,000 INCREASE RESULTING FROM
SUCCESSFUL APPLICATION FOR ADDITIONAL GRANT FUNDS -- AUTHORIZE MANAGER
TO ACCEPT GRANT FROM U.S. DEPARTMENT OF JUSTICE.
Mayor Suarez: Item B. First reading.
Commissioner Dawkins: Same questions. You know, here's forty thousand and
sixty-five thousand for the same project. I don't know why we didn't put them
in the, into or in the same ordinance.
Lt. Longueira: They're separate grants, sir, we can't do that.
Commissioner Dawkins: Separate grants?
May 14, 1992
Lt. Longueira: Separate grants.
Commissioner Dawkins: So this is a hundred thousand dollars ($100,000.00) for
over time.
Commissioner Plummer: Still come out to one hundred thousand dollars
($i00,000.00).
Commissioner Dawkins: For overtime.
Lt. Longueira: No, sir. I have...
Commissioner Plummer: What in the hell does small cities do?
Lt. Longueira: A total of six -five thousand dollars ($65,000.00).
Commissioner Plummer: What do small cities do?
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3
Mr. Odio: They don't have the problems that we have.
_
Commissioner Plummer: You know. I want to tell you something. I see these
numbers coming down the pike, and I am wondering what a little city like
Virginia Gardens, who has two police cars, and I look at, you know, over here
-
where Key Biscayne is going to go to Wackencops instead of sworn officers.
What 1n the hell, how do they get by? Where do they get the monies for these
three hundred thousand dollar ($300,000.00) studies? And 911 enhancements? I
-
don't understand. Why are we. Are we that much more sophisticate?
Mr. Odio: I got much more problems than...
-`'
Vice Mayor Alonso: We don't have matching fund for this, do we?
Lt. Longueira: No, this does not involve... This is all...
Commissioner Plummer: No, this is an outright grant.
-
Lt. Longueira: Commissioner this is all federal money under the HITDA, the
high intensity drug trafficking areas that I believe the Mayor and people from
Miami went and lobbied for in Congress...
Commissioner Plummer: Joe, I am not speaking against...
Lt. Longueira: ...and got us designated.
Commissioner Plummer: ...this issue.
Lt. Longueira: And we are just receiving some of that money.
Commissioner Plummer: I am asking the question. What do other cities do?
Vice Mayor Alonso: That is true, but we are fortunate we receive this money.
Mr. Odio: They go for grants to but they don't have the same problems that we
have to show the trafficking of drugs or whatever, you know. Unfortunately,
we do.
69 May 14, 1992
s
Mayor Suarez: Fortunately or unfortunately.
r
Commissioner Dawkins: My only problem with it is that when you come up here
and you tell me you spent a million dollars ($1,000,000.00) in the NET
Program. You come up here and tell me you spent a half a million dollars
($500,000.00) in the Haitian celebration. You come up here and tell you spent
a half a million dollars ($500,000.00) when they had the giant celebration in
Overtown. You never come to my office and say, Commissioner, a part of that
overtime was the tracking money that we used. You just keep telling... you
just keep reaching in the pot and getting money, and I don't know where the
hell you got it from, and that's my problem. You all just keep reaching in
the pot. You all come up with money. But then down the road I see. I say,
oh, here's a hundred thousand dollars ($100,000.00), no wonder they can keep
dipping in the overtime pot. OK. So do the same thing with 7 that you are
doing with 6. Just explain to me, how much money you got, how much... break
it down, what went where please. Move 8.
Vice Mayor Alonso: Yeah, he means...second.
Mayor Suarez: Moved and seconded. Any discussion?
Vice Mayor Alonso: He means 7 and 8.
Mayor Suarez: If not, please read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCEAMENDING ORDINANCE NO. 10913, ADOPTED ON
SEPTEMBER 11, 1991, WHICH ESTABLISHED INITIAL
RESOURCES AND INITIAL APPROPRIATIONS FOR THE SPECIAL
REVENUE FUND ENTITLED "GEOGRAPHIC TARGETING PROGRAM,"
TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $65,000 AS
A RESULT OF A SUCCESSFUL APPLICATION FOR ADDITIONAL
GRANT FUNDS, AND AUTHORIZING THE CITY MANAGER TO
ACCEPT THE GRANT OF $65,000 FROM THE U.S. DEPARTMENT
OF JUSTICE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins 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.
70 May 14, 1992
Mayor Suarez: Mr. Gonzalez-Goenaga have a seat, sir. Take your papers and
everything.
Mr. Manuel Gonzalez-Goenaga: Are we going to have a...
Mayor Suarez: You'll be recognized...
Mr. Gonzalez-Goenaga: ...public hearing on these things?
Mayor Suarez: ...in the afternoon if you're not disruptive.
Mr. Gonzalez-Goenaga: A public hearing later on?
<� ---------------------------------------------- ---- ---------- ----------
-----
i 21. FIRST READING ORDINANCE: REPEAL 10948 -- AMEND CODE ARTICLE II
------------------------------------------------------------------------------
a (BURGLARY AND ROBBERY ALARMS), CHAPTER 3.5 (ALARM SYSTEMS) - DELINEATE
:.� QUALIFICATIONS OF BURGLAR ALARM SPECIALTY ELECTRICAL CONTRACTORS -- SET
FORTH PROVISION DEALING WITH FALSE ALARMS.
Mayor Suarez: Yes, sir, after 4:00 p.m. I've already told you. Item 9.
Mr. Gonzalez-Goenaga: No, no these items?
Mayor Suarez: You can talk on anything you want in the afternoon.
Commissioner Plummer: Item 9 I'll move for discussion.
Commissioner Dawkins: Second.
Mayor Suarez: So moved.
Commissioner Plummer: Under discussion, Joe, after the 12th in 12 months, it
says here we're deleting the part in which the police or a licensed company
will make an inspection. Who will do the inspection?
Asst. Chief Raul Martinez: Assistant Chief Martinez. The license company
will do the inspection, sir.
Commissioner Plummer: Wait a minute. Hold on. Incidents where system for
which alarm permit has not been issued or has not been renewed, generates a
false alarm, deleting the requirements of inspection by a police and a
licensed burglary. So your taking one instead of both. Is that it?
Asst. Chief Martinez: Yes, we are deleting the portion where a law
enforcement officer must do the inspection. There's another portion it talks
about..,
Commissioner Plummer: So they would have to bring then a certificate...
Asst. Chief Martinez: Yes, sir.
71 May 14, 1992
11
2
Commissioner Plummer: ...that they have been by a regular licensed company.
Asst. Chief Martinez: Yes, sir.
Commissioner Plummer: OK. Mr. Mayor, for your edification, I have forward to
the Manager the ordinance from Coral Gables. One of the things that we have
been fighting here for a long time are people who have alarms, who are not
turning them off, or going down to turn them off. Coral Gables has a very
successful ordinance and it's funny how it reads because it has penalties that
apply certain hours of the day, and other penalties where they can actually go
in and disconnect the alarm, without a liability problem. I forwarded that to
the Manager. So all I am saying to you is it doesn't relate here, I forwarded
it to the Police Department for further consideration. This will take care of
the first part and, hopefully, that as it becomes a nuisance, will be taken up
in another ordinance.
Mayor Suarez: Very good. Sir, what's your capacity here for the record?
Mr. Greg Gracer: Good morning. I am Greg Gracer, I've addressed you before.
I am with the Alarm Association of Florida and I am just here to endorse what
the City of Miami Police Department has done. One of the things we've found,
in research, with the alann solution problem across the State of Florida is
that ,one of the most effective things that needs to stay in place, and has
been in place in the existing Miami ordinance, is the ability for the Police
Department to stop responding at, at least some point so that there's power in
enforcing the ordinance. Other alternatives have been tried where cities have
tried to use their Finance Department to assess liens against property for
violators, and it's rendered... it's been totally ineffective, so we recommend
what the City of Miami Police Department has done and we offer ourselves to
provide further input with some research that we've done.
Mayor Suarez: Very good.
Mr. Gracer: Thanks.
Mayor Suarez: Thank you for your input up to the present. We have a motion
and a second. Any further discussion? If not, please read the ordinance.
Call the roll.
72 May 14, 1992
AN ORDINANCE ENTITLED -
AN ORDINANCEREPEALING ORDINANCE NO. 10948, ADOPTED
FEBRUARY 13, 19929 IN ITS ENTIRETY; FURTHER AMENDING
ARTICLE II, "BURGLARY AND ROBBERY ALARMS" OF CHAPTER
3.5, "ALARM SYSTEMS" OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY DELINEATING THE QUALIFICATIONS
OF BURGLAR ALARM SPECIALTY ELECTRICAL CONTRACTORS; BY
SETTING FORTH PROVISIONS DEALING WITH FALSE ALARMS
INCLUDING THE INSTANCE WHERE A SYSTEM FOR WHICH AN
ALARM PERMIT HAS NOT BEEN ISSUED OR HAS NOT BEEN
RENEWED GENERATES A FALSE ALARM; DELETING THE
REQUIREMENTS OF INSPECTIONS BY POLICE AND A LICENSED
BURGLAR ALARM COMPANY AS A CONDITION PRECEDENT TO
REINSTATEMENT OF THE ALARM PERMIT; MORE PARTICULARLY
AMENDING SECTIONS 3.5-22, 3.5-23 AND 3.5-29 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
CONTAINING A REPEALER PROVISION SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins 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.
Mayor Suarez: Item 11, first reading ordinance.
73 May 14, 1992
22. FIRST READING ORDINANCE: AUTHORIZE MANAGER TO EXPEND $45,000 FROM
SPECIAL REVENUE FUND: HOMELESS PROJECT -- AS CITY'S MATCH TO METRO DADE
COUNTY TO PROVIDE BEDS AND SPECIALIZED TREATMENT FOR HOMELESS
INDIVIDUALS HAVING SUBSTANCE ABUSE PROBLEMS -- AUTHORIZE MANAGER TO
EXECUTE AGREEMENTS WITH DADE COUNTY.
Mr. Odio: Item 10, Mr. Mayor.
Vice Mayor Alonso: Ten.
Mayor Suarez: Sorry, item 10 first reading ordinance.
Commissioner Plummer: Move it.
Vice Mayor Alonso: Second.
Mayor Suarez: Supporting the homeless program.
Commissioner Plummer: Let it be so stipulated that this is for those with
substance abuse problems.
Mayor Suarez: Hold it a second, Commissioner Dawkins.
Commissioner Dawkins: How do you... where is this facility located?
Mr. Odio: No, no these are people that the... what we done with this money is
transfer it to the County because they deal with social problems, and this had
to deal specifically with the homeless that had drug addiction problems under
I-395 and at Lummus Park. We have successfully placed 120 people in the
program that we removed from those locations, and 28 of them have jobs now.
So they've now become self-sufficient so the program has worked.
Commissioner Dawkins: For the provision of substance abuse beds to made
available to the homeless. Where are the beds located?
Mr. Odio: New Horizons Mental Health Association.
Commissioner Dawkins: Sir.
Mr. Odio: The New Horizons.
Commissioner Dawkins: Oh, New Horizons Mental Health, OK. Ok, no problem
that's all right.
Mr. Odio: Ernestina.
Mayor Suarez: That's the clarification he wanted. That's still Evelina
Bestman, right.
74 May 14, 1992
Mayor Suarez: Yeah, Evelina Bestman. OK. Dr. Evelina Bestman. All right.
So moved and seconded. Any discussion, if not, please read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCERELATING TO THE HOMELESS AUTHORIZING THE
CITY MANAGER TO EXPEND AN AMOUNT, NOT TO EXCEED
$45,000, FROM THE SPECIAL REVENUE FUND ENTITLED
"HOMELESS PROJECT," PROJECT NUMBER 192001, INDEX CODE
NUMBER 261001, AS THE CITY OF MIAMI'S MATCH TO METRO-
DADE COUNTY, TO PROVIDE BEDS AND SPECIALIZED TREATMENT
FOR HOMELESS INDIVIDUALS HAVING SUBSTANCE ABUSE
PROBLEMS; FURTHER, AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY NECESSARY AGREEMENTS WITH DADE COUNTY IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Vice Mayor Alonso
and was passed on its first reading by title by the following vote:
AYES: Commissioner 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.
' 75 May 14, 1992
0
-------------------------------------------------------------------------- ---
23. (A) FIRST READING ORDINANCE: AMEND CODE CHAPTER 45.5 (PUBLIC
NUISANCE), WHICH PROVIDED FOR CREATION OF A NUISANCE ABATEMENT
BOARD -- DELETE TIME FRAME FOR COMPLAINTS -- ESTABLISH ALTERNATE
REQUIREMENTS TO SUPPORT FINDINGS OF PUBLIC NUISANCE IN LIEU OF A
CERTIFIED CONVICTION -- ADD REGULATIONS FOR YOUTH GANG -RELATED
NUISANCE ACTIVITIES -- CHANGE BOARD NUMBER REQUIREMENTS, etc.
(B) BRIEF DISCUSSION CONCERNING ENFORCEMENT OF REGULATIONS
GOVERNING: (a) PLACEMENT OF POLITICAL SIGNS, AND (b) NAILING OF
SIGNS UPON TREES ALONG CORAL WAY CONCERNING GARAGE SALES.
------------------------------------------------------------------------------
Mayor Suarez: Item 11 first reading.
Commissioner Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded Nuisance Abatement board.
Vice Mayor Alonso: Yes I do have several questions.
Mayor Suarez: Vice Mayor Alonso.
Vice Mayor Alonso: I need clarification on certain items, two, eight, ten,
eleven and twelve. Number two could you explain this to me, please? I am not
to clear of the real meaning of this one.
Mr. Pierre Rutledge: Ok, Madam Vice Mayor, the enabling statute for this
ordinance changed. The parameters that we had prior to this amendment here
was 24 months to hear cases, from the time of the documented incident. It
went down to 6 months. After dealing with the ordinance, as it was at 24
months, and trying to look at it from a 6 months prospective we felt that it
would be difficult to get the convictions that we needed in a 6 month span
. That you got 90 to 120 days to go to trial, and then you may have
me, after that, exceeding the 6 month period. What we tried to come up with
was something that... an alternative to the 3 documented incidents and the
conviction was to take the conviction clause out and have a either or. The 3
incidents with 1 conviction or 7 documented incidents without a conviction,
keeping in mind that the statute does not call for a conviction, and we happen
to be the only municipality that has a conviction clause.
Vice Mayor Alonso: Now number 8, city -owned property. So we will have to
get an independent counsel to defend us?
Mr. Jones: Yeah, Madam Vice Mayor, let me see if I can address that.
Vice Mayor Alonso: It will leave us...
Mayor Suarez: Not from our own board.
76 May 14, 1992
Mr. Jones: No. What happens is we prosecute the cases. My office prosecutes
the cases before the Board. So we couldn't very well prosecute a case against
ourselves, so we would... in that instance it would be a clear conflict. So
we would have to have an independent person to defend the City in that regard.
I can't be prosecutor on one hand, and on the other hand represent the City,
if the City's involved.
Vice Mayor Alonso: This turn to be something very costly to the City of Miami
because we know quite well that we have cases that it might be a nuisance...
Mayor Suarez: Yeah, we don't want to begin any procedure of having...
Vice Mayor Alonso: I have problems with this.
Mayor Suarez: ...a City Board proceed against the City and having the City
hire independent counsel.
Mr. Odio: I think we should, ah...
Mayor Suarez: This has gone far enough, folks. It's kind of...
Mr. Jones: You can't pull it... You can't pull it out there's a real problem.
If the City is prosecuting the violators before the Board, and the City itself
is violating the Code, I can not, my office can not, represent in a dual
capacity...
Mayor Suarez: Well, figure out a procedure where the City administratively
resolves any of its... and internally resolves any of the alleged violations
by City facilities itself, not by the same procedure that you would use for
private citizens. That doesn't make any sense, counselor, and Mr. Manager.
Vice Mayor Alonso: This... it's really silly that we create a Board that is
going to create...
Mayor Suarez: Costs for all of us.
Vice Mayor Alonso: ...a serious problem and very costly...
Mr. Odio: Well, especially...
Vice Mayor Alonso: ...procedure, court, fighting, getting an outside counsel.
I can not possibly vote for something that will be costly to the taxpayer.
Douglas Broeker, Esq.: Madam Vice Mayor, this all started with the
constitutional objections which were raised before the Board the first time we
had hearings on the ordinance. I believe that the suggested change in the
ordinance only puts down the way that it would have worked in any event.
Because with the Zoning Code Enforcement Board when the City goes against
itself, the City always hires independent counsel. What the lawyers for
the...
Mayor Suarez: They can hire independent counsel but I am not voting for any
money more independent counsel for the City to defend itself from its own
Board. I am sorry. Come up with some other procedure. If you want to take a
deferral on the second reading of the ordinance, that's fine with me.
77 May 14, 1992
s �^
Vice Mayor Alonso: Can we vote on the amendments but 8, we eliminate 8 at
this point?
Mayor Suarez: There you go.
Vice Mayor Alonso: Will you agree to do this?
Mr. Broeker: If that's acceptable to the City Attorney. This...
Mr. Jones: If that's your desire, certainly.
Mr. Broeker: ...was formally proposed by the City Attorney.
Vice Mayor Alonso: Can we do it?
Mr. Broeker: It encompasses a lot of suggestions that were made by the Board
itself.
Mayor Suarez: That takes out the proceedings against the City?
Vice Mayor Alonso: Yes. If we eliminate... Mr. Mayor, we don't have a
quorum? Oh, we do...
Mayor Suarez: Yes.
Vice Mayor Alonso: Yes. Can we do it that way? We will pull 8 and approve
the rest. Is that all right, Mr. City Attorney?
Mr. Jones: Yeah, I can delete that provision and, of course, if we can work
out something in the meantime on second reading. This is first reading as
I...
Vice Mayor Alonso: OK.
Mr. Broeker: One suggestion that might allow this to proceed as is. I think
what you are saying is really a direction to the Manager to say, if any of
your departments get called before the Nuisance Abatement Board, those
departments better work it out before they have to hire independent counsel,
and I think everybody would hear your direction...
Mayor Suarez: Of course.
Mr. Broeker: but then the...
Mayor Suarez: We are the jurisdiction that is enacting the law to prevent the
nuisances by private citizens on one another. We're not going to create a
procedure -for people to say that we ourselves are creating nuisances, that
should be resolved internally, by the Manager, and should never reach a
Nuisance Abatement Board. If we need a board for that, then why do we need a
Commission, and why do we need a City government?
Mr. Broeker: Right.
78 May 14, 1992
Commissioner Plummer: What am I missing.
Mayor Suarez: That doesn't make any sense.
Mr. Broeker: But, Mayor Suarez, I think what we're dealing with is
theoretical. We're dealing with a theoretical problem, ah, objection.
Mayor Suarez: I am not dealing with anything theoretical. You are dealing
with theoretical.
Mr. Broeker: Well that's why...
Mayor Suarez: I am dealing with practical actual reality. And the citizens
of Miami are not going to pay for us to be arguing with our own boards,
counselor. You can argue theory to the courts if you want. They seem to want
to argue theory. We don't argue any theory here. We argue practicality. So
we've go a very practical solution proposed by the Vice Mayor. Let's do it
and let's move on. We got other items. We're not going to create a problem
by creating a Nuisance Abatement Board. I guarantee you. We've got enough
problems in this city. We've got enough litigation.
Vice Mayor Alonso: Yes.
Mayor Suarez: We've got enough lawyers. We've got enough expenses to have
people arguing in court without creating another one. That's not what we're
about to do here.
Commissioner Plummer: Well, I don't understand. And I am sorry I was out of
the room.
Mr. Odio: Again if one of our...
Commissioner Plumper: Providing for the use of independent counsel, which I
think, which most boards have, but what I don't understand is to... when the
City Attorney has designated City -owned property for alleged nuisance
activity.
Vice Mayor Alonso: Yeah they go after us.
Commissioner Plummer: They go after the City?
Vice Mayor Alonso: Yes.
Mayor Suarez: That should be an administrative... internal administrative
procedure...
Mr. Rutledge: The argument, if 1 may try to clarify. The argument that came
up in the first hearing, in this case, was taken to court, was how can you
police us and not police yourself. Now we all know that the intention are to
have it handled from internal.
Mayor Suarez: Internally, sure.
79 May 14, 1992
Mr. Rutledge: OK. But the ordinance should read that we provide outside
counsel.
Commissioner Plummer: Nondiscretion.
.„
Vice Mayor Alonso: No, I...
''F 1
'!I
Commissioner Plummer: Well, but wait a minute, wait a minute, let's explore
that for one minute. If you are going to treat everybody equally, us in-house
included, you can't expect the City Attorney's Office to represent us and
them.
Mr. Odio: We can deal with a City owned facility administratively.
i
'
Mayor Suarez: Administratively. If somebody has a problem with that, they go
to court, and they try to get an injunction. And then we're going to need
lawyers...
Vice Mayor Alonso: Yes, and it's going to be very costly.
Mayor Suarez: ...and that could go directly to the code provisions...
Commissioner Plummer: OK.
Mayor Suarez: ...that allow them to hire outside counsel.
,..
J1
Commissioner Plummer, All right. If, in fact, what you're saying is...
�
"{
Mayor Suarez: If he need that at that point I can imagine that it would.
,:.
Commissioner Plummer: ...if we can not resolve it inhouse administratively,
4-
then they can come before the Commission and ask for outside counsel.
Vice Mayor Alonso: Yes.
Mayor Suarez: Surety.
Commissioner Plummer: Oh, OK. That's fine.
Vice Mayor Alonso: ... because it is absurd that we will end in court with a
board that we have created.
Commissioner Plummer: Well, OK.
Vice Mayor Alonso: I mean it's absurd the entire situation.
u. Mr. Broeker: So what your suggesting is that we amend the ordinance to say
that in the event that the City is a defendant then the City needs to come
before you to hire independent counsel.
Vice Mayor Alonso: Yes.
Mr. Broeker: And that puts that safeguard on there.
80 May 14, 1992
'Tr1
a
Mayor Suarez: And the procedure should be set up...
Commissioner Plummer: If it can not be resolved...
Mayor Suarez: Yeah.
Commissioner Plummer: ...administratively.
Vice Mayor Alonso: They would come to us.
Commissioner Plummer: Of course.
E-3
Mr. Broeker: Right. All right. Basically what we're talking about is we're
talking about an ordinance that's working very well. There was a
constitutional challenge to the ordinance, as a whole, on this argument, and
so we're proposing an amendment to deal with that constitutional challenge.
You have a concern we'll put an extra safeguard in the ordinance to deal with
that concern.
Mayor Suarez: You solve the problem of constitutional challenges without
costing us any money and headaches, otherwise, we're going to do away with
this ordinance altogether for my vote. I'll tell you that. Not going to
create ourselves all kinds of problems with our own boards.
Vice Mayor Alonso: We have enough. OK.
Mayor Suarez: All right?
Vice Mayor Alonso: The next question that I have, it was number 10. It says
decreasing notice from 20 days to 10 days. Now, this is by posting the
notice. We are... we have to be sure that people are notified by posting,
let's say that is a vacant lot. We have no ways of knowing that the person
went by the property. Now are we dealing with this?
Mr. Rutledge: Well, presently, Madam Vice Mayor, how we deal with it...
notices are sent, if you look at 9, notices are sent out, right now...
Vice Mayor Alonso: Yeah.
Mr. Rutledge: ...thirty days prior to hearing. If we do not hear...
certified return receipt... If we do not hear from the land owner within 10
days then we go out and actually, physically, post the property.
Vice Mayor Alonso: That doesn't guarantee that...
Mr. Rutledge: It doesn't guarantee...
Vice Mayor Alonso: ...the person received the notification.
Mr. Rutledge: It doesn't guarantee.
Vice Mayor Alonso: Suppose you have sent it to the wrong address.
Mr. Rutledge: Well what happens...
81 May 14, 1992
Commissioner Plummer: Return receipt.
Vice Mayor Alonso: Return receipt they don't have the return receipt that's
why they go and post the...
Mr. Rutledge: And we also pull the deeds on these properties so the addresses
correlate with one another. We go down to the courthouse.
Vice Mayor Alonso: The people could have moved. You know that at times it
takes... ten, twelve, twenty times sending letters to the Dade County Tax
Assessment Department, so that they change the mailing address, and you
complete forms over and over again. I don't want to make a big issue of this,
but I want to be sure that we look at the person, especially, if it's
something like a vacant lot, or something that the person is notified.
Mr. Rutledge: Something I might want to bring to your attention. The statute
only calls for 3 days notice. No posting whatsoever. I think that our
ordinance, as it's structured goes above and beyond two and three times the
statute.
Vice Mayor Alonso: But, for example, in code enforcement and many other cases
we have changed that to say that the owner has to be notified, and by
certified mail so that we are guaranteed that they have the proper
notification.
Mr. Rutledge: Correct.
Vice Mayor Alonso: OK. And, 12 again is the same thing provided notification
was given. Because if the person is not notified...
Mr. Rutledge: Well, can I explain the process that we're using now, real
quick. We send out... when we get the first documented incident we sent
out...
Commissioner Plummer: We do that.
Mr. Rutledge: ...a warning letter. Ok, which probably goes...
Commissioner Plummer: We do that.
Mr. Rutledge: ...out four and five months prior...
Commissioner Plummer: No. Excuse me. We hear applications before us when
the owners are not present. They have the opportunity to be present on
zoning, for example.
Vice Mayor Alonso: Yeah, but when you are going to notify an owner that there
is a violation in the property, you send a certified mail. But what I am
saying, in many instances, they're sending this to the wrong address.
Mr. Rutledge: Well thus far we haven't found that, Madam Vice Mayor, to be
the case.
82 May 14, 1992
14 4
Commissioner Plumper: Well conceivably it could happen.
Mr. Rutledge: Conceivably it could happen. We send warning letters probably
three and four months in advance of you ever meeting the criteria to be heard
before the board. At that time, if we find something is wrong, we actively
pursue trying to find the landlord.
Vice Mayor Alonso: OK. And the last one.
Mr. Broeker: Number 13?
'1 Vice Mayor Alonso: Yes.
Mr. Broeker: Thirteen simply clarifies something in the statute, and that is,
the ordinance provides that you can take the occupational license away from
the owner if they're found to be a public nuisance. The City Code provides
that the manager, or the manager's designee, must allow for a hearing before
le
taking somebodies occupational license.
Vice Mayor Alonso: And you do.
Mr. Broeker: This just makes it clear that the Nuisance Abatement Board
hearing is that hearing. So that the people can't say now I've got to have
another hearing in front of the manager.
Vice Mayor Alonso: Yeah. It's just a formality.
Mr. Broeker: Right. Just a formality.
Vice Mayor Alonso: OK. I will move...
Mayor Suarez: All right.
Vice Mayor Alonso: ...that we approve with the clarification...
Mayor Suarez: With those clarifications.
Vice Mayor Alonso: ... of especially number 8.
Mayor Suarez: And the amendments...
Vice Mayor Alonso: Yes.
Mayor Suarez: ...so moved.
Commissioner Plumper: Second.
Mayor Suarez: Seconded. Any discussion. If not, please read the ordinance.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.)
Commissioner Dawkins: Question, Mr. Mayor, please.
83 May 14, 1992
Mayor Suarez: Yes.
Commissioner Dawkins: What other cities have Nuisance Abatement Boards do you
know of in the United States?
Mr. Rutledge: You want me to list them? It all started in Phoenix...
Commissioner Dawkins: How many cities...
Mr. Rutledge: ...Portland, Oregan.
Commissioner Dawkins: How.
Mr. Rutledge: There's 9 in Florida and 1 in Oregon.
Commissioner Dawkins: I would like to suggest to you, that you suggest to the
board, that you go visit them so that when you talk up here, you talk to us
from a point of having visited others, and seen them in operation. Not just
what we're going.
Mr. Rutledge: OK.
Commissioner Dawkins: OK.
Commissioner Plummer: There goes the travel expenses.
Mr. Broeker: We did visit the City of Miami Beach's.
Commissioner Dawkins: Did he visit them?
Mr. Broeker: Yeah.
Mayor Suarez: Where?
Commissioner Dawkins: City of Miami Beach.
Mr. Broeker: City of Miami Beach. We all went over. All five board members.
Commissioner Dawkins: OK. OK. Where else is there one?
Commissioner Plummer: London, England.
Commissioner Dawkins: No. Not London, no, no, no. 1 don't want to deal with
London.
Mr. Broeker: Portland, Oregon.
Mr. Rutledge: Portland, Oregon.
Mr. Broeker: Yes, is probably your most successful.
Commissioner Dawkins: Let the Miami Herald say that Miller Dawkins did not
try to send the guy to London, England.
84
May 14, 1992
Commissioner Plummer: Cape Cod in the summer. Seattle in the winter.
Commissioner Dawkins: OK. He needs to go... I mean you guys... the board
needs to see this guy go and come back so that...
Mr. Broeker: We've been over to Miami Beach. The most successful is probably
Portland, Oregon, one of the first.
Commissioner Dawkins: Well it's a little cold in Portland. Wait a little
longer before you send him to Portland.
Commissioner Plummer: We'll get you a passport to the beach.
Mr. Broeker: OK. We'll go in August when you all are on vacation.
Commissioner Dawkins: All right. Thank you. Call the roll, Mr. Mayor,
please.
Mayor Suarez: All right. Call the roll, please.
85 May 14, 1992
AN ORDINANCE ENTITLED -
AN ORDINANCEAMENDING CHAPTER 45.59 ENTITLED "PUBLIC
NUISANCE", OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, WHICH PROVIDED FOR THE CREATION OF A
NUISANCE ABATEMENT BOARD ("BOARD"), AND SET FORTH
ENFORCEMENT PROCEDURES, PENALTIES AND CONDUCT OF
HEARINGS, SAID AMENDMENT: DECREASING FROM TWENTY FOUR
(24) MONTHS TO SIX (6) MONTHS, THE TIME FRAME FOR
NUISANCE COMPLAINTS; ESTABLISHING AN ALTERNATIVE
REQUIREMENT FOR SEVEN DOCUMENTED INSTANCES TO SUPPORT
FINDINGS OF PUBLIC NUISANCES IN LIEU OF A CERTIFIED
CONVICTION; ADDING REGULATIONS FOR YOUTH GANG RELATED
NUISANCE ACTIVITIES; CHANGING THE BOARD MEMBERS'
REQUIREMENTS TO INCLUDE RESIDENCY OR BUSINESS OFFICE
WITHIN THE CITY OF MIAMI; PROVIDING FOR THE TERMS OF
CHAIRPERSONS; ESTABLISHING REQUIREMENTS OF
AFFIRMATIVE VOTES BY AT LEAST THREE (3) BOARD MEMBERS;
AUTHORIZING THE CLERK OF THE BOARD TO ADOPT AND USE
OFFICIAL SEAL FOR CERTIFICATION OF DOCUMENTS;
PROVIDING FOR THE USE OF INDEPENDENT COUNSEL WITH
COMMISSION APPROVAL TO DEFEND THE CITY OF MIAMI WHEN
THE CITY ATTORNEY OR HIS DESIGNEE CITES CITY -OWNED
PROPERTY FOR ALLEGED NUISANCE ACTIVITY; DECREASING
THE NOTICE OF HEARING REQUIREMENT FROM THIRTY (30)
DAYS TO FIFTEEN (15) CALENDAR DAYS; DECREASING NOTICE
VIA POSTING FROM TWENTY (20) DAYS PRIOR TO THE HEARING
TO TEN (10) DAYS PRIOR TO THE HEARING; ESTABLISHING
THE CLEAR AND CONVINCING STANDARD AS THE BURDEN OF
PROOF; CLARIFYING THAT BOARD MAY PROCEED TO HEARING
IN ABSENTIA AGAINST PROPERTY OWNERS WHO FAIL TO
RESPOND; ESTABLISHING THE NUISANCE ABATEMENT BOARD AS
THE CITY MANAGER'S DESIGNEE FOR PURPOSES OF NUISANCE
RELATED OCCUPATIONAL LICENSE SUSPENSION; MORE
PARTICULARLY BY AMENDING SECTIONS 45.5-1, 45.5-2,
45.5-3, 45.5-4 AND 45.5-5 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED; CONTAINING A REPEALER
PROVISION AND PROVIDING FOR A SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Alonso and seconded by Commissioner Plummer
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.
86 May 14, 1992
Mayor Suarez: Item 12.
Commissioner Plummer: Mr. Manager, when does code enforcement issuing tickets
take effect? This town is getting proliferated with political signs.
Mr. Odio: I think we get the second reading in last meeting of the month and
then...
Commissioner Plummer: What are we doing in building and zoning about taking
down illegal political signs?
{�+
i!
Commissioner Dawkins: Nothing.
Mr. Odio: We are. We have sent letters and notifications and we are going
I
to... we're enforcing that law.
Commissioner Plummer: What are we doing about my neighbors and especially,
Carlos Arboleya, who are screaming about people nailing signs to the Banyan
trees in Coral Way about garage sales...
1
Mayor Suarez: Doesn't the ordinance provide...
i l
:k
Commissioner Plummer: ...who my neighbor...
Mayor Suarez: ...a period of time before and after the election in which they
i
can be posted?
-;
Commissioner Plummer: Mr. Mayor, they're mostly illegal by virtue of size.
ai t
Mayor Suarez: Right.
!
Commissioner Plummer: OK.
!
Mayor Suarez: That's what I was going to get to. The size is, you know, if
the representative who was here before is to believed, which I am sure he knew
_
what he was saying when he wrote a letter to the Herald, to the Editor of the
Herald, expressing that many, if not most,... I think he said in his letter
that most of the signs were those of judicial candidates.
Vice Mayor Alonso: Yes.
Mayor Suarez: If you... if that is...
Commissioner Plummer: At this point.
Mayor Suarez: ...the case you know how quickly it can be resolved. You send
a letter, Mr. Manager,...
Mr. Odio: We did. We did send a letter.
Mayor Suarez: ...as to all the offending candidates to the Judicial
Qualifications Commission, you'll see how quickly they are going to remove all
those.
87 May 14, 1992
Mr. Odio: That that, OK.
Commissioner Plummer: Would you send me a copy of that letter?
Mr. Odio: Of the letters we send out?
Commissioner Plummer: When.
Mayor Suarez: To the JQC, You'll see how quickly they remove those signs.
Commissioner Plummer: I am also concerned, Mr. Manager, of my neighbor who
brought me 39 garage sale signs that he personally tore down off of the Banyan
trees. God knows it should be easy to write a ticket where they've got the
address of the garage sales.
Mr. Odio: The ordinance is not in to effect until 30 days from the last
reading, so it will be sometime in June.
Commissioner Plummer: You mean we have no power until that ordinance to avoid
that.
Mayor Suarez: Well, it's coming due pretty soon.
Vice Mayor Alonso: Yes.
Mayor Suarez: Thirty days form the last meeting. It's the next few weeks.
Let's not argue about that. Let me tell you. If that letter says that they
have violated the law, I mean, there's nothing for a judicial candidate like
someone putting him on notice, or her on notice that they have violated the
law. Because the opponents can really seize on that for someone who wants to
be judge. That will take care of the problem. I bet you. Right there. As
to judges.
Commissioner Dawkins: Madam City Clerk. I think I got something from your
office stating that all the signs, right now, are illegal because the signs
are not supposed to go up prior to qualifying date. Is that a correct
statement?
Ms. Matty Hirai: Yes, sir.
Commissioner Dawkins: So, therefore, everything out there is illegal. We
don't nothing to pull them down because they are illegal.
Commissioner Plummer: Are you sure they haven't qualified?
Vice Mayor Alonso: They have not qualified yet.
Commissioner Dawkins: The qualified time is not as a qualifying time, J. L.
Vice Mayor Alonso: Ho, July. I believe it's July.
Commissioner Plummer: I don't know.
88 May 14, 1992
F, r
Commissioner Dawkins: Yeah.
Vice Mayor Alonso: I believe it's July.
Mayor Suarez: They can fund raise but the qualifying period has not begun in
accordance with our ordinance, I don't think.
Mr. Odio: We have removed. We have removed the ones on public property. The
problem is we can not go into the private properties, and I have seen signs
come down and the next day there back.
Commissioner Plummer: I bet 1f you put the notice to the property owner...
Mr. Odio: Yes, we have.
Commissioner Plummer: ...on notice...
Mr. Odio: We have notified everyone, Commissioner.
Commissioner Plummer: ...he'll be out there with his little hachet. It's
getting bad, Mr. Manager. Thank you, Mr. Mayor.
-------------------------- ----------------------------- -----------------------
;;! 24. AUTHORIZE CONTRIBUTION ($1,100,000) AS MATCHING FUNDS, TWO TO ONE, IN
'i SUPPORT OF TWO GRANT REQUESTS FOR CITY FACILITIES TO STATE OF FLORIDA
ji CULTURAL FACILITIES PROGRAM IN CONNECTION WITH: (a) TOWER THEATRE
:! RENOVATION PROJECT, AND (b) FINAL STAGE RENOVATION OF THE MANUEL ARTIME
THEATRE.
------------------------------------------------------------------------------
Mayor Suarez: All right. Thank you. Item 12.
Vice Mayor Alonso: I move.
Mayor Suarez: So moved.
Commissioner Plummer: Seconded for discussion.
Mayor Suarez: Seconded.
Commissioner Plummer: Under discussion I am seconding this motion simply
because it's the idea of getting this money, half of it from the State of
Florida. It doesn't mean we're going to get it, but we're going to try for
it. I still have my problems with the Artime Theater, and I think we've got
to address that problem. We can't continue with the subsidy as it's going
right now. Something has got to be done. But on the Tower Theater, and the
others, any money that we can get from the State, I am all in favor of, and
that's why I seconded the motion.
Mayor Suarez: Very good. So moved and seconded. You support, 1 presume?
Mr. Florentino Perez: Yes.
� 89 May 14, 1992
It
oil
Mayor Suarez: We'll call the roll on the item.
The following resolution was introduced by Vice Mayor Alonso, who moved =_
its adoption:
RESOLUTION NO. 92-301 —
A RESOLUTION AUTHORIZING A CONTRIBUTION NOT TO EXCEED
$19100,000.00 AS MATCHING FUNDS, TWO TO ONE, IN
SUPPORT OF TWO GRANT REQUESTS FOR CITY FACILITIES, TO
THE STATE OF FLORIDA CULTURAL FACILITIES PROGRAM, ONE
GRANT REQUEST IN THE AMOUNT OF $500,000.00 FOR THE
RENOVATION OF THE TOWER THEATRE PROJECT AND THE OTHER
GRANT REQUEST IN THE AMOUNT OF $50,000.00 FOR THE
FINAL STAGE RENOVATION OF THE MANUEL ARTIME THEATRE,
SAID CONTRIBUTIONS CONTINGENT UPON APPROVAL BY THE
STATE OF FLORIDA OF THE CITY'S GRANT REQUESTS; SAID
CONTRIBUTIONS TO CONSIST OF A CASH MATCH NOT TO EXCEED
THE AMOUNTS OF $250,000.00 FOR THE TOWER THEATRE
RENOVATION PROJECT, AND $25,000.00 FOR THE MANUEL
ARTIME THEATRE RENOVATION PROJECT, WITH THE REMAINING
MATCH BALANCE OF $825,000 TO BE PROVIDED IN THE FORM
OF PLANNING, LAND ACQUISITION, YEARLY MAINTENANCE,
ADMINISTRATIVE AND ANY OTHER RELATED EXPENSES AND
INKIND SERVICES FOR BOTH RENOVATION PROJECTS; WITH
FUNDS FOR SAID CASH MATCH BEING MADE AVAILABLE FROM
THE TOWER THEATRE PROJECT NO. 321038, AND FROM THE
COMMUNITY DEVELOPMENT BLOCK GRANT FUND, ESTABLISHED BY
ORDINANCE NO. 10955, EFFECTIVE APRIL 2, 1992, WITHIN
NINETY (90) DAYS OF FUNDING NOTIFICATION BY THE STATE
OF FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO
SUBMIT ALL APPLICATIONS AND TO ENTER INTO ALL
CONTRACTS AND AGREEMENTS IN A FORM ACCEPTABLE TO THE
CITY, NECESSARY TO IMPLEMENT SUCH PROJECTS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS AFTER ROLL CALL:
90
May 14, 1992
M\� t
Vice Mayor Alonso: And also I think I would like to use the opportunity to
ask the administration to expedite all work related to the Tower Theater.
It's something that the community has been waiting for a long long time, and
we should really do everything in our power even waiving regular bids, if
necessary, in order to expedite the work and give to the community something
that they've been waiting for over 12 years, approximately.
Commissioner Plummer: Did you call the roll?
Mayor Suarez: Call the roll please.
Vice Mayor Alonso: We did.
Ms. Hirai: It's been called, Mr. Mayor.
Vice Mayor Alonso: We did? Yes.
Mayor Suarez: Thanks.
25. AMEND RESOLUTION 92-91, WHICH DECLARED MOST ADVANTAGEOUS METHOD TO
DEVELOP CITY -OWNED LAND WAS BY A UNIFIED DEVELOPMENT PROJECT (UDP) --
RESCHEDULE PUBLIC NEARING TO JUNE 11TH REGARDING PROPOSED REQUEST FOR
PROPOSALS (RFP) FOR DEVELOPMENT OF A FULL SERVICE BOATYARD FACILITY,
MARINA AND OPTIONAL MARINE -RELATED RETAIL USE ON CITY -OWNED WATERFRONT
PROPERTY AT 2640 SOUTH BAYSHORE DRIVE.
Commissioner Plummer: Move 13.
Mayor Suarez: Go and do what the private sector has to do to make the area
improve in conjunction with the public sector because it can't just be us.
Thirteen.
Commissioner Plummer: It's merely setting a date for a public hearing.
Vice Mayor Alonso: Yes.
Mayor Suarez: So moved and seconded.
Vice Mayor Alonso: I will second. This is a public hearing isn't it?
Commissioner Plummer: No. No it's setting a date for a public hearing.
Mr. Odio: We are rescheduling for June 11th.
Vice Mayor Alonso: We are scheduling public hearing date. OK.
Mayor Suarez: Very good.
Vice Mayor Alonso: Yes.
91 May 14, 1992
11
Mayor Suarez: Moved and seconded.
Commissioner Plummer: Mister.
Mayor Suarez: Well, we are going to have input at that point from the
Waterfront Board I presume. Have they had a chance to look at this. I hate
to have them show up and say, you know, in accordance with the ordinance...
Mr. Odio: We are working with them.
Commissioner Plummer: Mr. Manager, I want to recall to your memory that one
of the proposals that I want to look at is inhouse operation...
Mr. Odio: We have done a...
Commissioner Plummer: ...as a potential alternative.
Mr. Odio: We are preparing a feasibility for you to compare.
Commissioner Plummer: OK.
Mr. Odio: All right?
Commissioner Plummer: Thank you, sir.
Mayor Suarez: Mr. Gonzalez-Goenaga we're setting a public hearing date for...
Commissioner Plummer: June 11th.
Mr. Odio: June filth.
Mayor Suarez: June 11th.
Mr. Odio: At 4:00 p.m.
Mayor Suarez: at 4:00 p.m. You'll be able to address the issue at that
point, sir. So have a seat. You can leave your tape recorder...
Mr. Manuel Gonzalez-Goenaga: You are ready to hear many people. Not me.
What difference am I from these people from me, please?
Mayor Suarez: We're not ready to hear anybody on this issue, sir. Have a
seat.
Mr. Gonzalez-Goenaga: No, on the previous one.
Mayor Suarez: No we did them. We just informed them of the action we took.
OK. So we have a motion and a second, do we, on item 13. If so, please call
the roll.
92
May 14, 1992
El
11
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-302
A RESOLUTION AMENDING SECTION 3 OF RESOLUTION NO. 92-
91, ADOPTED FEBRUARY 13, 1992, WHICH DECLARED THAT THE
MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN
IMPROVEMENTS ON CERTAIN CITY -OWNED LAND WAS BY A
UNIFIED DEVELOPMENT PROJECT (UOP) AND SCHEDULED A
PUBLIC HEARING FOR APRIL 9, 1992 AT 4:00 P.M. TO TAKE
TESTIMONY REGARDING A DRAFT REQUEST FOR PROPOSALS
(RFP) FOR THE DEVELOPMENT OF A FULL SERVICE BOATYARD
FACILITY, MARINA AND OPTIONAL MARINE -RELATED RETAIL
USE ON CITY -OWNED WATERFRONT PROPERTY LOCATED AT 2640
SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA; THEREBY
PROVIDING THAT SAID PUBLIC HEARING BE RESCHEDULED TO
JUNE 11, 1992 AT 4:00 P.M.
(Here follows body of resolution, omitted here and on
file 1n 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. AUTHORIZE MANAGER TO EXECUTE NEGOTIATED AGREEMENT ($236,340) WITH
THADDEUS COHEN ARCHITECT, PA, TO PROVIDE PROFESSIONAL SERVICES FOR THE
DESIGN, PREPARATION OF CONSTRUCTION DOCUMENTS AND CONSTRUCTION
ADMINISTRATION OF AN OLYMPIC POOL COMPLEX FOR CHARLES HADLEY PARK
(HADLEY PARK POOL REPLACEMENT CIP 331349).
Mayor Suarez: Item 14.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
93 May 14, 1992
Mayor Suarez: Second, thirded. Any discussion? If not, please call the
roll. Who was that? 1 am sorry. Who was the gentleman who was there at the
mike before? - Who was not identified.
Ms. Arleen Weintraub: His name is Erdal Donmez, in the Department of
Development and Housing Conservation.
Mayor Suarez: I am not even going to deal with the first name. What's the
last name?
Ms. Weintraub: Donmez.
Mayor Suarez: How do you spell that.
Ms. Weintraub: You want to speak?
Vice Mayor Alonso: Go on first name is easier, Erdal.
Mr. Erdal Donmez: It's D-O-N-M-E-Z.
Mayor Suarez: The first name is easier. What is the first name?
Mr. Donmez: First name is Erdal, E-R-D-A-L.
Mayor Suarez: Very good. From the Department of Development?
Mr. Donmez: Correct.
Mayor Suarez: OK.
Commissioner Plummer: You were here on the boatyard?
Mr. Od1o: On the UDP (Unified Development Project).
Mr. Donmez: I was under the impression that there was going to be a question
so I stepped up here.
Commissioner Plummer: On the boatyard?
Mr. Donmez: Correct.
Mayor Suarez: The Vice Mayor advises me, Mr. Erdal, that your highly
qualified. Do you want to tell us your background, sir, because I've never.
Commissioner Plummer: How come the Vice Mayor knows about him but the rest of
us don't.
Vice Mayor Alonso: He's been here for a long time.
Mr. Donmez: Would you repeat your question, Mr. Mayor?
Mayor Suarez: Can you tell us about your background? How many years have you
been with us and what you academic qualification are. Anything else that you
think is relevant. This is all in a very...
94 May 14, 1992
Vice Mayor Alonso: That's because I complemented you and told him how highly
qualified you are, now they are asking...
Mr. Donmez: Thank you. Again, my name is Erdal Donmez, I am with the
Department of Development and Housing Conservation in the Development
Division. I've been with the City since July 26, 1984. I am a financial
coordinator presently. My qualifications my education is in economics and
a...
Mayor Suarez: A degree in economics?
Vice Mayor Alonso: And he's doing a great job.
Mr. Donmez: Correct.
Mayor Suarez: From where.
Mr. Donmez: From Florida State and Auburn.
Mayor Suarez: Very good.
Commissioner Dawkins: Bragging or complaining?
Mayor Suarez: All right, sir. You've been pretty quiet up to now, and now
you're... You in the...
Mr. Donmez: Well, they say it's better to be a quiet type.
Mayor Suarez: ...spot... Well that's true. Item... I was going to say
something about one of our directors of the department, who always use to come
up to the mike and volunteer information, but I won't, because he's having to
go through some difficult moments. All right. Item 15. Is that the one
we're on.
Vice Mayor Alonso: Yes. Yes.
Mayor Suarez: Approving, in principle, designation of St. John Community
Development Corporation.
Ms. Hirai: We haven't called the roll on 14.
Mayor Suarez: Call the roll please on 14.
95 May 14, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-303
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT, IN AN
AMOUNT NOT TO EXCEED $236,340, BETWEEN THE CITY OF
MIAMI AND THE BLACK -OWNED MINORITY FIRM OF THADDEUS
COHEN ARCHITECT, P.A., TO PROVIDE PROFESSIONAL
SERVICES FOR THE DESIGN, PREPARATION OF CONSTRUCTION
DOCUMENTS AND CONSTRUCTION ADMINISTRATION OF AN
OLYMPIC POOL COMPLEX FOR CHARLES HADLEY PARK;
AUTHORIZING SAID COMPENSATION TO BE PAID FROM
AVAILABLE FUNDS APPROPRIATED IN THE HADLEY PARK POOL
REPLACEMENT CAPITAL IMPROVEMENT PROJECT NO. 331349.
(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.
96
May 14, 1992
27. APPROVE, IN PRINCIPLE, DESIGNATION OF ST. JOHN COMMUNITY DEVELOPMENT
CORPORATION AS SPONSOR TO UNDERTAKE DEVELOPMENT OF LOW DENSITY RENTAL
HOUSING PROJECT AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES /
INDIVIDUALS IN OVERTOWN (2055 N.W. 3 AVENUE).
Mayor Suarez: Yes, 15.
Vice Mayor Alonso: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion on 15? If not, please call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-304
A RESOLUTION APPROVING, IN PRINCIPLE, THE DESIGNATION
OF ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, A NOT -
FOR -PROFIT CORPORATION, AS SPONSOR TO UNDERTAKE THE
DEVELOPMENT OF A LOW DENSITY RENTAL HOUSING PROJECT
AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW AND
MODERATE INCOME ON A PARCEL OF CITY -OWNED VACANT LAND,
LOCATED AT APPROXIMATELY 2055 NORTHWEST 3RD AVENUE, IN
THE OVERTOWN NEIGHBORHOOD, MIAMI, FLORIDA, SUBJECT TO
SAID CORPORATION PROVIDING EVIDENCE ACCEPTABLE TO THE
CITY OF FIRM COMMITMENT FOR PROJECT CONSTRUCTION AND
PERMANENT FINANCING; DIRECTING ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION TO PREPARE AND FINALIZE
PROJECT PLANS AND SPECIFICATIONS, CONSTRUCTION AND
PERMANENT FINANCING, CONSTRUCTION SCHEDULE AND
MANAGEMENT PLAN TO BE SUBMITTED WITHIN TWELVE (12)
MONTHS OF THE DATE OF THIS ACTION FOR FINAL
CONSIDERATION AND APPROVAL BY THE CITY COMMISSION;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
FAIR RETURN TO THE CITY FOR THE VALUE OF SAID PARCEL
WITH ST. JOHN COMMUNITY DEVELOPMENT CORPORATION,
PREDICATED ON A LAND REIMBURSEMENT PROVISION.
(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:
E
97 May 14, 1992
e
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor 1;riam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS DURING ROLL CALL.
11
Commissioner Plummer: Is there a reverter clause in this?
Mr. Jeff Hepburn: We're not conveying a site at this point. We're just
giving them rights to go out and secure financing, do design work. We'll be
coming back to you at that point.
Commissioner Plummer: And is there a time limit?
Mr. Hepburn: Twelve months.
Commissioner Plummer: They have twelve months, in which, and then this
resolution would be dead.
Mr. Hepburn: Correct.
Commissioner Plummer: And they had... there is no giving of any property at
this time.
Mr. Hepburn: That's correct.
Commissioner Plummer: Thank you. I vote yes.
COMMENTS MADE AFTER ROLL CALL.
Mayor Suarez: When is the 35 units of townhouses going to be completed?
David, how are we doing on that construction?
Mr. David Days: David Days, St. Johns Community Development Corporation. We
are on schedule. We should be completed the 30th of June, and we should be
tenanted by the end of July.
Mayor Suarez: Are you taking applications for tenancy?
Mr. Days: Yes, yes. We have about 400 applications for those downtown
apartments. We're screening them now.
Mayor Suarez: So you've got plenty... enough applications. You don't need a
public service message or anything on radio?
Mr. Days: Well, I think we got enough people right now.
Mayor Suarez: All right.
EE-
May 14, 1992
Mr. Days: Maybe for the next phase.
Mayor Suarez: Very good. Had occasion yesterday, Mr. Hepburn, to see that
new house being built under the... one of our scattered housing projects for
the Geneva Henry family, and once again, I compliment you on, that effort. I
wish we had more money to do that for more people in our community.
------------------------------------------------------------------------------
28. (A) AUTHORIZE MANAGER TO EXECUTE A PURCHASE / SALE AGREEMENT FOR
PROPERTY AT 915-917 N.W. 3 AVENUE WITH OVERTOWN DEVELOPMENT GROUP, INC.
(SELLER) (TOTAL PURCHASE PRICE $172,775) -- FUNDS APPROPRIATED IN CIP
322057, SOUTHEAST OVERTOWN / PARK WEST PHASE II, FOR DEVELOPMENT OF
HISTORIC VILLAGE REDEVELOPMENT PROJECT.
(B) COMMISSIONER PLUMMER REQUESTS TWO APPRAISALS BE MADE WHEN CITY
PURCHASES / SELLS PROPERTY.
------------------------------------------------------------------------------
Mayor Suarez: Item 16.
Vice Mayor Alonso: Move.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
Mayor Suarez: Second. Any discussion?
Commissioner Plummer: Is there a reverter clause in here?
Mr. Hepburn: It will be City owned property once we acquire.
Comienissioner Plummer: City Overtown Development Group, Inc. is the City.
Mr. Hepburn: No. The City is acquiring this property. The Overtown
Development Group is the seller.
Commissioner Plummer: Who are they? Who are the Overtown Development Group?
Mr. Hepburn: The President, I think, is Sal Yuken.
Commissioner Plummer: And they own this property presently?
Mr. Hepburn: Correct. That's correct.
Commissioner Plummer: And how much are they selling it for?
Mr. Hepburn: The appraised value was one hundred and seventy-two thousand
seven seventy-five ($172,775.00).
Commissioner Plummer: What was the high and the low on the appraisals?
99
May 14, 1992
I
Mr. Hepburn: We only secured one appraisal.
Commissioner Plummer: How can you buy property on one appraisal? I thought
we had to have, by law, two.
Mr. Hepburn: When we sell, I think we have to have two, but on acquisitions —
we only got one, on this particular one. -
Commissioner Plummer: Mr. Manager, do you agree with that? That doesn't make
sense to me. Knowing the big disparity between what I have seen as all —
appraisals.
Mr. Herb Bailey: He had applied to the housing agency for rehab funds and we
had to advise them that that house was in the immediate area for acquisition,
and that we we're already ready to tear it down, because it's in the historic
village. This Commission had directed us, some time ago, to start acquiring
those properties within that historic district, between 8th and 10th Street
for the Historic Folk Village. So we denied him his application for housing
rehab fund. We told him we would have to buy it. We got an appraisal, and
it's only required by Charter to get one appraisal. We got an appraisal which
is in line with the rest of the prices 1n the neighborhood, so we just bought
it, because it has to come. It 1s a safety problem. As a matter of fact it
is a hazard. It's a building that's left open. The windows are there and we
intend to tear it down very soon.
Commissioner Plummer: Mr. Bailey, I am not really talking to this individual
property as such. But I am losing something where we require two
appraisals...
Vice Mayor Alonso: Yeah.
Commissioner Plummer: ...and then on the other hand we only require one
appraisal.
Mr. Bailey: In certain cases.
Commissioner Plummer: You are saying to buy we only need one appraisal, but
to sell we need two.
Mr. Bailey: According... that's correct. That's correct. But we have, in
many cases...
Commissioner Plummer: I am losing something.
Mr. Bailey: In many cases we just thought the appraisals were completely out
of line, and we got a second opinion.
Commissioner Plummer: No, no, no. By Charter you're saying...
Mr. Bailey: One.
Commissioner Plummer: ...they require one to buy and two to sell. Something
is lacking. The reason...
100 May 14, 1992
Mr. Bailey: In fact, the Charter only says one period.
Mr. Jones: No. My recollection and I have to check it, Commissioner, is that
in terms of the acquisition, there's no requirement in the Charter in terms of
the number. The provision in the Charter relating to acquisition, I am sorry,
to sale decisively says that there has to be at least two.
Commissioner Plummer: Yeah but the reason for that is to get a second
opinion. Why wouldn't you do that on purchasing?
Mr. Bailey: We were fast -tracking this one because we had stopped his
financing and everything else and the appraisal we got is in line with
everything else we're buying there. We had no reason to go for a second
opinion.
Vice Mayor Alonso: Are you satisfied that this is a reasonable price isn't
it?
Mr. Bailey: Yes. He did not argue. We were reviewing all the other prices
that we have paid for the same properties next door and around. That was very
much in line per square foot. So we had no reason to go for a second opinion.
Commissioner Plummer: I think it's a very bad policy personally. I just...
Vice Mayor Alonso: I agree.
Commissioner Plummer: It gives me nothing to measure or to compare. And I am
at a loss to know what the value of that property is. Where as if I had...
You know the State of Florida has what they call a friendly taking. Friendly
taking is you take the two appraisals, you divide by two and the maximum you
can add is 10 percent. Now that's a built in procedure...
Mr. Bailey: As I said...
Commissioner Plummer: ...but in this particular case and I don't want to say
anything bad about this particular application, ok, but I just don't have
anything to measure by. I have nothing to compare to...
Commissioner Dawkins: Pass a resolution not to do it again and let's move on.
Commissioner Plummer: OK.
Mr. Bailey: If you want another one we'll get it...
Commissioner Plummer: I would say in the future...
Mr. Bailey: ...but as I said we had stopped his financing...
Commissioner Plummer: Excuse me.
Mr. Bailey: ..and denied his application.
Vice Mayor Alonso: We should not delay.
101 May 14, 1992
11
Mr. Bailey: Yes.
LA
Commissioner Plummer: Hey, I am not trying to hold up on this one. I am just
saying, for my money in the future, if you want my vote, I want something to
compare by or compare to.
Mr. Bailey: We'll get the two appraisals.
Mayor Suarez: With those provisos and admonitions, we have a motion and
second on this item do we?
Commissioner Plummer: Yes.
Vice Mayor Alonso: Yes.
Mayor Suarez: Call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-305
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT OF PURCHASE AND SALE,
FOR THE PROPERTY LOCATED AT 915-917 NORTHWEST 3RD
AVENUE, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED
FORM, FOR THE PRICE AS STATED HEREIN BETWEEN THE CITY
OF MIAMI ("PURCHASER") AND OVERTOWN DEVELOPMENT GROUP,
INC. ("SELLER") FOR THE PURCHASE AND SALE OF SAID
PROPERTY (MORE PARTICULARLY DESCRIBED HEREIN), FOR THE
TOTAL PURCHASE PRICE OF $172,775, WITH FUNDS THEREFOR
FOR THE ACQUISITION OF SAID PROPERTY BEING
APPROPRIATED FROM CAPITAL IMPROVEMENT PROJECT NO.
322057, ENTITLED SOUTHEAST OVERTOWN/PARK WEST PHASE
II, FOR THE PURPOSE OF DEVELOPMENT OF THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT PROJECT (THE HISTORIC
VILLAGE); FURTHER AUTHORIZING THE CITY ATTORNEY TO
TAKE WHATEVER STEPS ARE NECESSARY TO CLOSE THE
TRANSACTION WITH THE SELLER AS EARLY AS PRACTICABLE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plumper, the resolution was passed
and adopted by the following vote:
102
May 14, 1992
0
AYES:. Commissioner Victor Be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
29. (A) DISCUSS AND DEFER (TO MAY 28TH MEETING) CONSIDERATION OF PROPOSED
RESOLUTION TO MAKE A LEGISLATIVE FINDING THAT THE CENTER FOR
HEALTH TECHNOLOGIES, INC. WILL BE IMPLEMENTING A PROJECT OF
GOVERNMENTAL INSTRUMENTALITY IN ITS PROPOSED USE OF DEVELOPMENT
OF CITY -OWNED PROPERTY AND IS THEREFORE EXEMPT FROM COMPETITIVE
BIDDING REQUIREMENTS -- REFER TO OVERTOWN ADVISORY BOARD.
(B) COMMISSIONER PLUMMER URGES ADMINISTRATION TO TRY TO SELL THE
PORTION OF CITY'S PROPERTY WHICH WILL NOT BE NEEDED FOR THIS
PROJECT IN ORDER TO EXPAND OUR TAX BASE.
------------------------------------------------------------------------------
Conmissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Dawkins: On 17 I have a...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: ...request here from Robert McKenny, President of
Overtown Advisory Board, who asked that item 17 be continued in that we send
things to the Waterfront Board, we refer things to every board, and now we
have an Overtown Advisory Board which has... this has not been before, and
they just requested we deferred until they can sit down with them and then
bring it back.
Mayor Suarez: So moved.
Commissioner Dawkins: That's just a request. I don't know.
Vice Mayor Alonso: Second it.
Mayor Suarez: So moved and seconded. Make sure that... assuming this motion
passes that, in fact, the matter is brought to the Overtown Advisory Board and
that you are notified so that you can make a presentation to them. One of the
things they are going to be interested in, of course, is when and if these
substantial jobs are created, that we would like to see, from the CHT (Center
for Health Technologies), what guarantees do we have that Overtown people are
going to benefit from the creation of those jobs, and that you will have
sufficient linkages to them so they not be left out of that process. What
kinds of qualifications are going to be needed for them to be able to work in
103 May 14, 1992
AMR
the facility. And, if not, if it's going to be a purely academic thing,
obviously, that's not necessarily going to be what their highest priority is
in addition to this Commission. So, those are the kinds of concerns I would
expect,...
Commissioner Plummer: Let me ask a question if I may.
Mayor Suarez: ...Commissioner, that they are going to... yes.
Commissioner Plummer: Mr. Manager, have you considered the possibility of
that track of land being so large? I don't think they need that whole track
of land, OK. That what you can do... look I am getting a little damn
concerned about tax free property in this City.
Vice Mayor Alonso: No, but in this they have a probation for... in lieu of
taxes.
Commissioner Plummer: OK. But I am saying...
Mayor Suarez: Payment in lieu of taxes.
Commissioner Plummer: ...wait a minute. Excuse me Madam Vice Mayor. What I
am saying is I don't think they need all of that property that's there, OK,
for their use. What I am saying is why don't we siphon off part of it, and
try to sell it, try to get it back on the tax rolls. Let me tell you. We've
got four billion dollars ($4,000,000,000.00) of our assessment base is tax
free, and it's getting more so every day. It's not getting less.
Murray Dubbin, Esq.: Mr. Mayor.
Vice Mayor Alonso: And we would have to,...
Mr. Odio: We don't...
Mr. Dubbin: May I?
Mayor Suarez: Counselor.
Vice Mayor Alonso: ...excuse me, on this issue I think we will have to
address these problems downtown Miami...
Commissioner Plummer: Everywhere.
Vice Mayor Alonso: ...its nontaxable properties and, perhaps, we will have to
look at what Washington D.C. has and we will have to go to Washington... try
to work out a program that perhaps we will have some additional funding
somewhere coming to us, because we will not be able to provide the quality of
services that is demanded by the citizens of Miami because we don't have
enough revenues coming into the City...
Commissioner Plummer: Thirty-one...
Vice Mayor Alonso: ...and I could not agree more with Commissioner Plummer.
104
May 14, 1992
Commissioner Plummer: ...thirty-one percent of our assessable tax base is tax
exempt. We can't continue.
Mr. Odio: We agree.
Commissioner Dawkins: I agree and I'll vote for it. I am not voting to sell
one piece of land, and that's nothing unusual. Land is the only commodity
that the Lord 1s not making anymore of, and the only way it can go it up, and
I just sit here constantly and see... give away City land when you could lease
the land for a fee and the citizens of Miami would receive revenue from now
on. But every time I look up this City Commission sells a piece of land, and
I don't know what happens to the money, and then yo -::ie back and we sell
another piece and the money is gone. I will not vote to sell one piece of
City of Miami land. I will work with any developer who wants to develop it,
and lease it and return a fair value to the City for now on, and that's the
way I will be voting.
Mayor Suarez: Counselor.
Mr. Dubbin: Mr. Mayor, my name is Murray Dubbin. I am an attorney and I
serve as Chairman of the Board of the Center for Health Technologies, and have
worked with the project since well over 7 years. Apparently the motion to
defer is a fait accompli. I sorry about that because first of all, let me
assure the Commission there was never any intent on the part of the CHT to
slight the Overtown Advisory Board. In fact this is the very first time we
heard of an interest being expressed by them, and we certainly would like to
welcome them into the fold, in fact, and perhaps it would be appropriate,
perhaps, to invite them to designate a person to serve on the Board of the
CHT. Let me tell you what the real thing that is concerning me now about the
deferment. As we sit here and talk the President, Gene Man, is in Washington
having a conference with one of our U.S. Senators, having to do with the next
appropriation that has been requested. As you know, Congress has funded this
project to the tune of a million two hundred and fifty thousand dollars
($19250,000.00).
Mayor Suarez: Murray, we would, in any event, I don't mean to interrupt you
and cut you short. We would, in any event, act finally on this on the 28th.
I can't imagine that there would be any problem with the deal...
Mr. Dubbin: No, but if it's put off say till...
Mayor Suarez: ...but we do need your input, and that gives you two weeks.
Mr. Dubbin: If it's put off tilt...
Mayor Suarez: In fact we can take your remarks and apply them to the next
Commission hearing.
Mr. Dubbin: That would be fine. I just don't...
Mayor -Suarez: But we would like your input.
Mr. Dubbin: I am concerned if it's put off until July, or August, or
September...
105 May 14, 1992
Mayor Suarez: No, I don't think so.
Commissioner Plummer: No.
Mr. Dubbin: ...this Congress will be over and past.
Mayor Suarez: May 28th we could probably act on it.
Mr. Dubbin: Thank you very much.
Mayor Suarez: And I am sure that our staff will work real hard to convene the
Overtown Advisory Board and you will be present and make one of your
brilliant, scintillating, presentations to them. But they are going to have
the kinds of concerns that we raised here. They are going to want to see how
they are part of it.
Mr. Dubbin: And we can answer them.
Mayor Suarez: And putting them on the Board, one member, it would be a great
idea.
Mr. Dubbin: I think it's a great idea.
Commissioner De Yurre: Mr. Mayor.
Commissioner Plummer: There goes Miriam.
Commissioner De Yurre: I would just like to add one thing. In looking at the
Board of Directors for 1992...
Mr. Dubbin: Yes, sir?
Commissioner De Yurre: In a City that is 60 percent Hispanic and a County
that is 50 percent Hispanic I don't recognize one Hispanic name on this Board
of Directors. There isn't one.
Mr. Dubbin: I can't tell you that we're proud of that fact.
Commissioner Dawkins: Let me see if there's any blacks. Let me see if I see
any black surnames.
Commissioner De Yurre: Well, there's a guy named Knox. So I figure he's
token black there.
Commissioner Dawkins: Well, hey, one out of sixteen, one is not enough.
Commissioner De Yurre: We you check 1t out. See if you recognize any other
names.
Mr. Dubbin: Unfortunately, there is only one woman aboard too. There are a
lot of things that have to be done to bring us more into the land of the 90's
and we recognize that.
106 May 14, 1992
C
Commissioner De Yurre: And you got until the 28th to do it.
Mr. Dubbin: Well, I am not sure we can do all of it. We can do a lot of it.
Commissioner De Yurre: Well I would 11ke to see some inroads from here to
the 28th if you want a favorable consideration from me.
Mr. Dubbin: Thank you, Mr. De Yurre.
Commissioner Dawkins: All we're saying, Mr. Dubbin, is 1 mean... no, no, no
let me rephrase that. What I am saying is I get tired of recycling the same
black folks. OK. When time has come it's Athalie Range, George Knox, I mean
I could name them in a circle. There are some others that need to be
considered. That's all.
Mr. Dubbin: I would like to also recommend, perhaps, a workshop be held on
this program so that we would have the opportunity to really, in depth,
explain to the Commission, not just this hit and run that we have time for
during these Commission Meetings, but you are entitled to a hell of a lot more
than you've been getting. I mean, we are giving you as much as we can in the
short period of time. We would like to give you more information, better
information. We would like to urge that you set up a workshop on it as soon
as possible.
Mayor Suarez: Murray, the action today and the scheduling of the hearing to
finally act on this does not in any way impede your efforts in Washington.
Please don't take it as such. If you need any input from us including letters
of support et cetera we're 100 percent aboard. We just need their input on
the actual terms of this lease and maybe we can get a little bit more
participation, as was shown today.
Commissioner De Yurre: Mr. Mayor?
Commissioner Plummer: Question.
Commissioner De Yurre: Let me add something.
Mayor Suarez: Go ahead.
Commissioner De Yurre: I got a concern when...
Mayor Suarez: Yes, then Commissioner Plummer.
Commissioner De Yurre: ...what were saying here, what I am hearing at this
point and time is that you want, in the future, to make us more aware of what
it is that your doing, and yet you are asking us to give you property before
that awareness is in place.
Mr. Dubbin: Mr. De Yurre, I want to assure you and the Commission that
whatever information has been developed by the Center has been shared with the
City, to a City's designated agency, through your City Manager, through Dr.
Bailey, through Mr. Armada. They know as much, or more, about the operation
of what we're doing. We have not hidden anything from the City. We have
shared from the very very beginning. In fact, this whole concept was created
107 May 14, 1992
by the City of Miami in 1986. So there's nothing being hidden, nothing being
withheld.
Commissioner De Yurre: Well I am not talking.
Mr. Dubbin: All we need, sir, is your time.
Commissioner De Yurre: Don't misunderstand me I am not saying that anything
is being hidden. I am just saying that in order for us to make an intelligent
decision on giving something that is... we are trustees of the community, that
we need to know what is the return for our people. I mean what assurances do
we have that these businesses, if they strike it, that they are going to
remain... are they going to be stationed within our City limits, as opposed to
going to west Dade, as opposed to going down south, or somewhere else, because
then we have no benefit, really, when you get down to it. And I see a whole
bunch of good names here. You know your basic status quo establishment kind
of names, which is very nice, but yet the bottom line is, for the guy on 8th
Street, for the guy in Overtown, and Liberty City, and so forth, you now,
there has to be something that they can say, hey, I agree with what the City
has done. It's worth giving it because we are going to get a piece of it
back.
Mr. Dubbin: Absolutely.
Commissioner Plummer: Mr. Manager? Two things for my vote at the next
meeting. Number one, I am not going to vote for the Manager to have the
authority to expand, it's going to be the City Commission, who is going to
have only the City Commission, have that authority. Number two, I haven't read
this but I want to make sure that it is accepted as is. As I recall you told
me that building, when we moved City people out, it was full of asbestos. You
told me the roof was caving in.
Mr. Odio: It's as is.
Commissioner Plummer: And all... well I want that written into the document
not "As Is," that they are aware of those problems and will address those
problems in the five year term. OK.
Mr. Odio: They have...
Commissioner Plummer: ...Because, excuse me.
Mr. Odio: They have to bring... according to the contract the building up to
South Florida Building Code.
Commissioner Plummer: All right, but...
Mr. Odio: They have to.
Commissioner Plummer: ...I just want it in the record, Mr. Manager, that they
are aware...
Commissioner Dawkins: Wait, wait, wait...
108 May 14, 1992
� e �
Commissioner Plummer: ...that the roof needs replacing...
Commissioner Dawkins: Wait a minute.
Commissioner Plummer: ...and the building is full of asbestos.
Mr. Dubbin: I would like to say for the record, also, that we will not step
in into the building until we have had it thoroughly investigated by a
competent contractor, an asbestos investigator and obtain a Phase I
Environmental Study which will be paid for out of funds of the CHT.
Commissioner Plummer: Murray, for your edification.
Commissioner Dawkins: Aren't we talking about building a first class facility
at one time?
Mr. Dubbin: Ultimately.
Commissioner Dawkins: Well then why are you going to put... I mean I don't
see, this is me now, soaking a whole lot of money into a building that we are
going to tear down.
Mr. Dubbin: Not a hell of a lot of money.
Commissioner Dawkins: OK. All right. Thank you.
Commissioner Plummer: Well, the problem is, Miller, if you'll recall the
Manager told us we had to move the City people out...
Mr. Odio: They are aware of it.
Commissioner Plummer: ...because to fix that building would cost us a half a
million dollars ($500,000.00) to fix it. So I want that on the record.
Mr. Odio: But they are aware of this.
Commissioner Dawkins: Yeah, but...
Commissioner Plummer: The best surprise is no surprise.
Commissioner Dawkins: ...but the coolers for the jail upstairs leak.
Commissioner. Plummer: Huh?
Vice Mayor Alonso: Yes it's horrible.
Commissioner Dawkins: The coolers upstairs what cool the jails leak.
Commissioner Plummer: I am just putting it on the record.
Vice Mayor Alonso: The air-condition. Problems with the air-conditioning.
Commissioner Plummer: No. The problem upstairs with the jail 1s the laundry
machines.
109 May 14, 1992
Commissioner Dawkins: Huh?
Commissioner Plummer: The washing machines.
Vice Mayor Alonso: The air-conditioning also has problems in that building,
asbestos, well known things.
Commissioner Dawkins: The problem upstairs is, for the jail, I am not getting
paid. That's my problem with the jail.
Mr. Dubbin: We'll explain it all.
Mayor Suarez: Very good, Murray. Thank you. —
Commissioner Plummer: Call the roll on the deferment.
Mayor Suarez: Call the roll on the motion to defer and we, hopefully, can
take care of it by the 28th. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-306
A MOTION GRANTING REQUEST BY THE OVERTOWN ADVISORY
BOARD TO DEFER AGENDA ITEM 17 TO THE MEETING OF MAY
28,, 1992 (PROPOSED RESOLUTION MAKING A LEGISLATIVE
FINDING THAT THE CENTER FOR HIGH TECHNOLOGY, INC. IS
EXEMPT FROM COMPETITIVE BIDDING REQUIREMENTS SET FORTH
IN THE CHARTER IN CONNECTION WITH THE CENTER'S USAGE
OF A PORTION OF THE MUNICIPAL JUSTICE BUILDING).
Upon being seconded by Vice Mayor Alonso,
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Victor De Yurre
Vice -Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
the motion was passed and
110 May 14, 1992
11
30. DISCUSS AND DEFER PROPOSED RESOLUTION TO APPROVE FISCAL YEAR 1991-92
BUDGET FOR THE SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT DISTRICT TAX
INCREMENT TRUST FUND -- INSTRUCT MANAGER TO SEEK DADE COUNTY APPROVAL OF
SAID BUDGET.
-------------------------------------------------------------------------------
Mayor Suarez: Item 18. The Overtown Park West.
Commissioner Plummer: I'll move it for discussion.
Vice Mayor Alonso: Second.
Mayor Suarez: Moved and seconded for discussion.
Commissioner Plummer: My discussion is, here is a two and a half million
dollar ($2,500,000.00) fund, who is in charge of that?
Mr. Erdal Donmez: My name is Erdal Donmez, again, from the Department of
Development. The City Manager is in charge of it.
Commissioner Plummer: And there's no...
Commissioner Dawkins: What item are we on now?
Commissioner Plummer: Eighteen.
Mr. Donmez: Number eighteen.
Commissioner Plummer: There's no board?
Commissioner Dawkins: I move we go to lunch.
Mr. Donmez: The City Commission is also the Board of Directors for the
Community Redevelopment Agency.
Commissioner Dawkins: I move we go to lunch and reconvene next month.
Commissioner Plummer: And...
Mayor Suarez: Are we the... we're the...
Commissioner Plummer: In other words, I am saying is, you have a two and a
half million dollar ($2,500,000.00) fund. Is there no member of this
Commission, there's no board that governs that?
Mayor Suarez: We are the Board. Is what he's saying.
Mr. Donmez: The City Commission is the Board of Directors for the Community
Redevelopment Agency.
Commissioner Plummer: And there is no recommendation by any board before us?
111 May 14, 1992
Mr. Donmez: Correct.
Commissioner Plummer: I understand that once it's approved...
Mr. Odio: This has to be approved. Yeah.
Commissioner Plummer: ...I am saying.
Mr. Odio: Then it has to come back to you here for...
Mayor Suarez: What is the total amount of money from the tax increment
district, at this point.
Mr. Odio: Two point five seven nine.
Commissioner Plummer: No, no, no. Not the total. The total from tax
increment is seven fifty eight.
Mr. Donmez: For the current fiscal year, the City's contribution is about
seven hundred and fifty-eight thousand dollars ($758,000.00). The County's
contribution is five hundred and eighty-three thousand dollars ($583,000.00).
Mayor Suarez: OK. What is the accumulated amount? How much is available for
spending right now?
Mr. Donmez: We had a fund balance at the end of the year, unaudited, because
the audited statement wasn't ready then.
Mayor Suarez: Unaudited?
Mr. Donmez: Unaudited.
Mayor Suarez: Is that what you're saying? OK.
Mr. Donmez: Based on the City's figures it was nine hundred and thirty-eight
thousand.
Commissioner Plummer: OK. I would like...
Mayor Suarez: How much? He was getting ready to say a figure, J. L.
Mr. Donmez: It was nine hundred and thirty-eight thousand dollars
($938,000.00) from the last fiscal year.
Mayor Suarez: OK.
Mr. Donmez: So the combination of the available fund balance and the new
revenues... the total revenue at the beginning of the year was two point five
}` million and a fraction.
i Commissioner Plummer: See, let me tell you something. I would like a
breakdown of all the administrative fees. We don't approve that. Maybe at
budget time we do. But that's two hundred thousand dollars ($200,000.00).
} 112 May 14, 1992
11
11
Eighty-five thousand dollars ($85,000.00) for security and maintenance of 9th
and 7th Street malls. Does anybody here know what that is?
Mr. Donmez: Commissioner.
Commissioner Plummer: I don't. Do you? Eighty-five thousand dollars
($85,000.00) for security and maintenance of a mall. What are they doing for
it? Eighty-five thousand dollars ($85,000.00)... does anybody sitting up here
know what it is?
Mr. Jack Luft: I am right here. Yes, I do.
Commissioner Plummer: You don't vote. You don't vote. I do. OK.
Commissioner Dawkins: And I'll vote with you buddy.
Commissioner Plummer: No, no. Do you know what it is? Do you know what the
security and maintenance of 7th and 9th Street is? I don't.
Mr. Herb Bailey: Want me to tell you?
Commissioner Plummer: Please.
Commissioner Dawkins: Seventy ninth street...
Commissioner Plummer: No.
Commissioner Dawkins: What part of 79th Street?
Commissioner Plummer: Seven or nine.
Commissioner Dawkins: Oh, I thought you said 79th, because I know there is no
security on 79th Street.
Commissioner Plummer: There's other things. Look, all I am sayinZ is, 1t
would seem like to me that some member of this Commission, or somebody should
be involved in that to bring this Commission up so 1 don't have to ask what
that eighty-five thousand dollars ($85,000.00) is for.
Mr. Bailey: Can we go back, and I am pretty sure it's been some time since
you remember, that you approved the development of the malls, and I think you
should know...
Commissioner Plummer: But I don't know that at the time we approved the
development of the mall that it was going to be eighty-five thousand dollars
($85000.00) for security.
Mr. Bailey: Why don't we let Jack tell you.
Commissioner Dawkins: Eighty Five thousand dollars ($85,000.00) for security?
Commissioner Plummer: That's what it says here, my friend. To maintain
vacant lots they are spending fifteen thousand dollars ($15,000.00).
113 May 14, 1992
Commissioner Dawkins: What security firm got the, got the, ah...
Mr. Jack Luft: The Citywide blanket contract with DSI.
Commissioner Dawkins: What?
Mr. Luft: DSI Security. -
Commissioner Dawkins: What color are they?
Vice Mayor Alonso: Security and maintenance.
Mr. Luft: They're Hispanic. They are providing security for City Parks, City
Administration buildings, City properties throughout the City. It's a blanket
contract and they're adding a staff person...
Commissioner Dawkins: Adding eighty-five thousand dollars ($85,000.00) more
to that blanket contract.
Mr. Luft: No, that's... No, they are adding a person to provide us with the
security for both malls.
Commissioner Plummer: I would like to defer this, Mr. Manager.
Mr. Luft: No. For fifty so that we can provide the balance for maintenance.
That includes both of them.
Commissioner Plummer: I ask that it be deferred until the next meeting. Let
them come and break all this down for me. I would like to know...
Mr. Luft: OK.
Commissioner Plummer: ...two hundred thousand dollars ($200,000.00) worth
of...
Vice Mayor Alonso: Will it create a problem with deferring this item now?
Mr. Luft: Well, my one concern is that we are anticipating completion of both
of these facilities in June, and that I need to have...
f,
=y` Commissioner Plummer: Well, we meet again in May.
Mr. Luft: OK.. I need to,have a security firm and a maintenance operations in
place so that we can take care of those investments.
Commissioner Plummer: Who's going to take care of this security in the
future?
Mr. Luft: Pardon?
Commissioner Plummer: Who's going to take care of this security in...
Commissioner Dawkins: City of Miami, why?
114 May 14, 1992
11
Commissioner Plummer: Huh?
Commissioner Dawkins: City of Miami.
c
Commissioner Plummer: I am asking where's the money coming from?
Mr. Bailey: Let me say something.
Commissioner Plummer: Just break it down for me, Herb, before the next
meeting.
Mr. Bailey: We'll we that, Commission, but I wanted to explain to you, in
fact, for eight years this whole Overtown Park West has been somewhat, I
guess, kind of a quagmire because by the time we get back to implement
something you approved six months ago, I can imagine it sort of... you sort of
lost memory of it. But this budget, which is required to have your approval,
and the County Commission has to give its final approval of it, is something
we do every year. We also have to pay the bonds out of this budget. We also
have to pay for our staff...
Commissioner Plummer: Oh, I see that here.
Mr. Bailey: ...out of this budget. It is important and we are always anxious
to have anybody sit and listen to us if you want to.
Commissioner Plummer: Well, Mr. Bailey, I...
Mr. Bailey: But we never get the chance.
Commissioner Plummer: OK.
Mr. Bailey: You know we would talk to you forever.
Commissioner Plummer: You got the chance now and I want to know when you pay
the administrative expenses where two hundred thousand dollars ($200,000.00)
has gone.
Mr. Bailey: The staff. We supplement the General Fund Budget. We pay for
our own staff.
Commissioner Plummer: We're looking at all staff's salaries at this time.
Mr. Bailey: OK, well, you can do that but what I am saying...
Commissioner Plummer: That's exactly where we're coming from.
Mr. Bailey: ...if we did not get money from the Overtown Park West bond fund
to:pay for our staff, then you would have to pay for it out of General Fund.
Commissioner Dawkins: Hold it. Hold it right there. Hold it.
Commissioner Plummer: Not necessarily.
Commissioner Dawkins: Hold it. J. L., hold it.
115 May 14, 1992
Mr. Bailey: Oh, we're holding it.
Commissioner Dawkins: You get the money from where now?
Mr. Bailey: We have... this trust fund money is restricted. It can not be
used for anything other than Overtown Park West.
Commissioner Dawkins: OK. So there...
Mr. Bailey: Wait a minute. The County has given us permission to use some of
that money for administrative salaries, which we think is correct. We
requested that.
Commissioner Dawkins: Administrative salaries, OK. Is Arleen Weintraub on
administrative salary with you?
Mr. Bailey: No.
Commissioner Dawkins: What is she on?
Mr. Bailey: CD (Community Development) and some special revenue fund.
Commissioner Dawkins: Beg your pardon?
Mr. Bailey: CD and special revenue funds that we get.
Commissioner Dawkins: OK. Let me see. Is anybody going to the NET
(Neighborhood Enhancement Team) Program who was on your payroll with this
money?
Mr. Bailey: The NET budget and that personnel is still on the budgets.
Commissioner Dawkins: On your... it's still on this budget...
Mr. Bailey: On the budget.
Commissioner Dawkins: ...which the government does not allow us to pay.
Mr. Bailey: Well, no, she...
Commissioner Dawkins: OK. Thank you.
Mr. Bailey: ...her office -is in the project area.
Commissioner Dawkins: No problem. No problem.
Mr.. Bailey:. She's right there. Finally we got somebody there.
Commissioner Dawkins Hey, no problem, I got my answer.
Vice Mayor Alonso: And that's very legal.
Mr. Bailey: And the office is given to them free.
116 May 14, 1992
Mayor Suarez: Can you, ah...
Commissioner Plummer: The price is right.
Mayor Suarez: ...outline in a separate document, for
us, the security
components of this and maybe, Herb, we can use this...
Mr. Bailey: I would like to break it...
Mayor Suarez: Jack and so on...
Mr. Bailey: What time we coming back?
Mr. Donmez: Erdal.
Mayor Suarez: Erdal. To convince Mr. Chaplain, of HUD
(Housing and Urban
Development), that, in fact, we are putting in effect the components
of a safe
zone, as he calls it. Because I am not... I was not aware...
Vice Mayor Alonso: Especially after we were kind enough to
give...
Mayor Suarez: I've seen the malls...
Vice Mayor Alonso: ...them eight hundred thousand dollars
($800,000.00).
Mayor Suarez: Right. I've see the mall and I've the construction and I know,
of course, that mortars and brick that you need money for, but as far as the
security, if I see the components we can maybe relay that to Mr. Chaplain and
begin to convince him that, in fact, there is plenty of security in the area.
Vice Mayor Alonso: Yeah, and also to convince them that security inside the
buildings as the three towers and the problems they are facing.
Mr. Donmez: Mr. Mayor, in fact, we conveyed this information to HUD, to local
district office in Jacksonville also.
Mayor Suarez: In what form? Was it a fax sheet, outline, memo, position
paper, what?
Mr. Donmez: Fax sheet. The fax sheet outlined City's commitments as
security, the maintenance of the property, the...
Mayor Suarez. Was that done recently?
Mr. Donmez. -That's correct.
Mayor Suarez: OK. Can'we get copies of that?
Mr. Donmez: Absolutely.
Commissioner Plummer: Did we approve that?
Mir-. DoMez: I am sorry.
117 May 14, 1992
i
Commissioner Plummer: Did we approve it?
Mr. Donmez: It was an administrative communications on City plans...
Commissioner Plummer: In other words... Hey, please. Don't take this
personally. What you did, by that fax, was commit this City to eighty-five
thousand dollars ($85,000.00) that we didn't approve.
Mr. Bailey: It was a fact sheet, not a fax.
Commissioner Plummer: What ever it was. OK. Whatever you gave HUD in
Jacksonville, as a security scenario for eight -five thousand dollars
($85,000.00), was approved and we didn't know about it, and that's my point.
Mr. Bailey: No we didn't get...
Commissioner Plummer: I go back to the classic in this City. OK. The
classic is the Bayfront Park fountain. That was three million dollars
($3,000,000.00) that nobody ever took into consideration, the annual cost of
operation. This is the same thing that I am looking at here.
Mr. Bailey: Can I explain it to you?
Commissioner Plummer: We're building a mall but can we afford to keep it up
in the future?
Mr. Bailey: Commissioner, may I give you an explanation?
Commissioner Plummer: Sure.
Mr. Bailey: We were asked by HUD what was the City's commitments to further
enhance the safety and improvement of the area, and how much more slum and
blight could we remove. We sent them a sheet indicating all the proposed
activities that we're undertaking in Overtown Park West, including buying
properties and removing them and historic village. Completing the mall and
providing security for those malls when they are completed. That was only
information to let them know.., and removal of Camillus House. That, also,
was one of the issues they requested because we are in a real situation
whereby we're trying to get them to restructure the financing on Biscayne View
and on Arena Towers. Before they would give a final consideration, they want
to know what other commitments have the City made or what they intend to make,
because they feel that our commitment to the project is not as sincere as we
have told them when they made the first loan, the two loans. So, it's not a
commitment of money, it's an indication of what we intend to do to show that
we have a further commitment.
Commissioner Plummer: I would like a breakdown please.
Mr. Bailey: We'll give you the letter.
Commissioner Plummer: Thank you, sir. What time we coming back?
Mayor Suarez: Yeah, 1 would like to see a copy. We can reconvene at...
118 May 14, 1992
}
Mr. Bailey: Can we do 18 before we leave?
Mayor Suarez: Yeah, we're going to vote on it.
Mr. Bailey: OK.
Commissioner Plummer: To defer.
Mr. Bailey: Eighteen. No. Eighteen. Item eighteen.
Commissioner Plummer: Yeah, we're going to defer 18.
31. EXECUTE AMENDMENT TO LEASE AGREEMENT WITH BAYVIEW ASSOCIATES, INC.
(LANDLORD) TO ACCOMMODATE LANDLORD'S REQUEST CONCERNING REPAYMENT OF A
DEPOSIT MADE BY THE CITY.
Mr. Bailey: Not 18. I am sorry, 19.
Commissioner Plummer: Oh, that's on the office space downtown. I move it.
Vice Mayor Alonso: Second.
Mayor Suarez: Moved and seconded as to 19.
NOTE FOR THE RECORD: At this point, Mr. Camile
Merilus is informed that item CA-19 concerning the
Operation Save Eyes Health Walk had already been
approved.
Mr. Camile Merilus: Good morning, Commissioners. Commissioners, I know that
you all got kids. Two weeks ago on...
Mayor Suarez: Does this have to do with item 19, sir?
Vice Mayor Alonso: No.
Mr. Bailey: Nineteen. No. It's not...
Vice Mayor Alonso: No. No. No. His item is...
Mr. Bailey: We're doing 19.
Mr. Merilus: Yes, Operation -Save Eyes.
Vice Mayor Alonso: No.
119 May 14, 1992
Mayor Suarez: No. No. No.
Mr. Merilus: Oh.
Vice Mayor Alonso: His item is way back, yes.
Mayor Suarez: Will somebody from staff please talk to the gentleman about his
items, the administration or my staff.
Vice Mayor Alonso: No, it is not.
Mayor Suarez: Debbie, please. Somebody so we don't have to do everything up
here.
Ms. Matty Hirai: Call the roll?
Mayor Suarez: It's my Chief Aide who's setting there. Talk to the gentleman
and see what his item is. On item 19 we have a motion and a second. Any
discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-307
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED,
("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND
BAYVIEW ASSOCIATES, INC. ("LANDLORD"), DATED JUNE 27,
1991, THEREBY MODIFYING SECTION VI OF SAID LEASE TO
ACCOMMODATE A REQUEST MADE BY LANDLORD IN CONNECTION
WITH THE REPAYMENT OF A DEPOSIT MADE BY THE CITY TO
LANDLORD UPON THE EXECUTION OF SAID LEASE.
(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:
NOES:
ABSENT:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
None.
Victor Be Yurre
THEREUPON, THE CITY COMMISSION WENT ON RECESS AT 12:09
:;P.M. AND RECONVENED AT 2:37 P.M. WITH ALL MEMBERS OF
THE COMMISSION PRESENT.
120
May 14, 1992
L
s:
3
32. GRANT REQUEST BY WEST FLAGLER PARK BAPTIST CHURCH FOR CLOSURE OF
DESIGNATED STREETS CONCERNING A SPIRITUAL RENEWAL EMPHASIS.
Mayor Suarez: From the County, the Assistant City [sic] Manager now, I guess,
Reginald Watters. There was a presumably noncontroversial, government to
government, minor issue that you wanted us to take up as an emergency.
Mr. Reginald Watters: Actually, yes, Mr. Mayor, not government to government,
I am here, today, wearing a hat as a representative of Miami Baptist
Association, and what we seek to do...
Mayor Suarez: I forgot it was a... your sort of altruistic hat. All right.
Mr. Watters: I guess. What we seek to do is get the Commission's approval on
closing, temporarily, West Flagler Street for one hour on Saturday, May the
30th, between 59th Avenue and 59th Court. West Flagler Park Baptist Church
comprises the entire...
Mayor Suarez: Sounds reasonable to me. Mr. Lieutenant...
Commissioner Plummer: Well, just because... Let me ask you this, Reginald.
Mr. Watters: Yes, sir.
Commissioner Plummer: I am assuming it's for some kind of a celebration.
Mr. Watters: Yes, sir. It's a kick off to an emphasis, as spiritual renewal
emphasis.
Commissioner Plummer: Have you considered being much cheaper taking it to the
avenue? When you start getting police that have to divert traffic and go
around...
Mr. Watters: One hour. One hour is all we're seeking.
Commissioner Plummer: Well, I am saying, if you went to the avenue along side
of the church, rather than Flagler Street, you got buses, bus routes, and all
of that. You are talking about some big dollars for policemen.
Mr. Watters: Of course, the police is the next step. They said get the City
Commission approval and deal with them. You may be right, J..., Commissioner
Plummer.
Commissioner Plummer: Well let me do it this way, Mr. Mayor, if I may.
Mayor Suarez: Yes.
Commissioner Plummer: Let me approve both.
Mr. Watters: That would be good.
121 May 14, 1992
Commissioner Plummer: And then they can deal with it appropriately, assuming,
Flagler Street is closed only if they make the proper arrangements with the
Police Department.
Mr. Watters: Yes. We have to get their OK also...
Commissioner Plummer: Or you have to pay their tab.
Mr. Watters: ...to satisfy the State Department of Transportation. See this
being a State Department of Transportation roadway, they also have to approve,
but they request, of course, protocol, City first, your Police Department and
then themselves.
Commissioner Plummer: OK.
Mr.' Watters: But that would be a very good proposal that you make. We
appreciate that.
Mr. Jones: Commissioner, are you approving just the street closures or what?
Are you...
Commissioner Plummer: A street closure. Not for a church.
Mr. Watters: Oh no. One hour.
Commissioner Plummer: Either or. OK. If they can make the proper
arrangements with the Police Department for Ftagler Street, that's preferable.
If not, and they chose to use the avenue, then you can work on the avenue.
That's my motion.
Commissioner Dawkins: I am sorry I am late. What is the motion. what is...
Commissioner Plummer: Just say yes. It's for the Baptists.
Commissioner Dawkins:
Commissioner Plummer:
Commissioner Dawkins:
Commissioner Plummer:
Have a field day.
Baptist.
Pamper?
Baptist!
Commissioner Dawkins: Oh. A Baptist Preacher.
Commissioner Plummer: That's it. They want to close for a celebration of the
Baptist Church at 59th Avenue and Ftagler. Now are you going to oppose God?
Commissioner Dawkins: Fifty-ninth and Ftagler?
Mayor Suarez: Lighting 1s going to strike if you oppose it. You are,
basically, making sure that the administration approves the whole logistics of
the thing?
122 May 14, 1992
No
Commissioner Plummer: Well, that's why I gave them the alternative.
Mayor Suarez: All right. No cost involved for the City.
Commissioner Dawkins: If J. L., the Catholic, can approve it, and I am a
Baptist, I have to vote for it.
Commissioner Plummer: A conflict of interest.
Mayor Suarez: All right. 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. 92-308
A RESOLUTION RELATED TO A RELIGIOUS EVENT TO BE
CONDUCTED BY THE MIAMI BAPTIST ASSOCIATION ON
SATURDAY, MAY 30, 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;
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 AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
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.
123
May 14, 1992
------------------------------------------------------------------------------
33. (A) BRIEF COMMENTS BY COMMISSIONER PLUMMER CONCERNING UNIFORMITY OF
NEWSPAPER RACKS IN CITY OF CORAL GABLES.
(B) DISCUSSION CONCERNING GOVERNOR LAWTON CHILES'S PROPOSED PLAN TO
CUT SCHOOL TAX IN HALF -- DIRECT ADMINISTRATION TO SCHEDULE THIS
ISSUE FOR A FULL HEARING AT MAY 28TH MEETING.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I would like to discuss two subjects very
briefly, and very quickly. The first one, I would like to instruct the
Administration or, indirectly, Public Works, to inquire of the City of Coral
Gables how they have their newspaper racks all uniform. They look extremely
good, and I think we ought to look into the same scenario for our City, number
one. Number two, Mr. Mayor, I am very concerned about the proposal of the
Governor of the State of Florida in reference to his tax plan. Governor
Dawkins [sic] has always ask us to please make our feelings known. I am
concerned that the Governor is proposing to cut the school taxes in half,
taking away all exemptions of sales tax. There is no guarantee, that I know
of, that the school taxes will not be raised again. As we saw that magic wand
called the lottery, which was going to take care of everything. And not do I
see one dime in that proposal to assist the cities. During lunch, Mr. Mayor,
I heard that you are not there, but many of the major city Mayors walked out
of the White House this morning, with empty hands, saying from Washington,
that there was no help going to be forthcoming. Now, my concern is that the
University of Florida had done a study...
Unidentified Speaker: This morning?
Commissioner Plummer: This morning.
Commissioner Dawkins: Yesterday.
Commissioner Plummer: Yes, sir. University of Florida has done a study and
said that on the course that the City... the State of Florida is travelling
today, by the year 2000, 28 percent of the cities in the State of Florida will
be in bankruptcy. Now, I am saying to the Governor, for my vote, and I
express to my colleague, that if he's going to address relief to the schools,
that he should also be addressing relief to the Cities who have to provide the
service...
Mr. Odio: Commissioner...
Commissioner Plummer: ...imparting part of the schools.
Mr. Odio: ...Plummer, we... I saw the bill yesterday, or the proposal, the
budget whatever he's doing. I think, and I asked Mano and some other
people... I think we're going to be more affected than that. We're going to
lose revenue.
Commissioner Plummer: Well, that's what I am saying is I am not even
addressing losing...
124 May 14, 1992
Mr. Odio: It's not the School Board, it's us. They're talking about some
property taxes and they're talking about... Maybe we'll lose half a cent.
Commissioner Plummer: On the tax?
Mr. Odio: I think this proposal, and I think because I have people looking at
it now... We will lose money.
Commissioner Plummer: Well, Mr. Manager, you know that I think that what
we... Mr. Mayor...
Mayor Suarez: Yes.
Commissioner Plummer: ...I think we ought to have a full discussion of this
on the 28th. The Legislature 1s going back in on the 1st, and supposedly they
are going to be doing something.
Mayor Suarez: I would love to see some numbers explained to me what, so far,
as been a very sketchy review...
Commissioner Plummer: Well, I am very concerned.
Mayor Suarez: ...in the Herald. And I have know idea of the implications of =
It. —
Commissioner Dawkins: Yeah. I wiII go up there Monday and see what I can
bring back.
Commissioner Plummer: Well, they're having Committee Meetings starting on
Monday.
Commissioner Dawkins: Beg your pardon.
Commissioner Plummer: They are having Committee Meetings on Monday.
Commissioner Dawkins: That's what I say. I'll go up there and see what we
can find out.
Commissioner Plummer: Mr. Manager, I would ask that you come back on the
28th, as a regular agenda item, bringing us all of this information so that
we, as a voice, can express ourselves as to what we feel is best for this
community and the people we represent. Thank you, Mr. Mayor.
Mayor Suarez: Very good. Item 19.
125 May 14, 1992
34. (A) AUTHORIZE MANAGER TO ISSUE REQUEST FOR PROPOSALS (RFP) FROM
MINORITY AND WOMEN -OWNED BANKS FOR ESTABLISHMENT OF SPECIAL CITY
BANK ACCOUNTS.
(B) APPOINT SELECTION COMMITTEE (Appointed were: Elba Morales and
Juan Enjamio, Esq.)
------------------------------------------------------------------------------
Vice Mayor Alonso: No, 20.
Mayor Suarez: Item 20?
Vice Mayor Alonso: Yes.
Mayor Suarez: RFP for...
Commissioner Dawkins: Move it.
Mayor Suarez: ...minority women on banks.
Carlos?
This is similar to other years,
Mr. Carlos Garcia: Yes, it is basically the same RFP.
Vice Mayor Alonso: But we have to nominate people.
Mr. Garcia: Right. For the Selection Committee you should...
Vice Mayor Alonso: Yeah. I will appoint Elba Morales.
Mayor Suarez: How many appointees do you need Carlos?
i
! Vice Mayor Alonso: One for each one of us.
{
Mr. Garcia: One from each member of the Commission.
j Commissioner Dawkins: What now?
i
Mr. Garcia: We need appointees... We need a Selection Committee that is going
to be appointed by the City Commission. Every member of the City Commission
should appoint one person to that Selection Committee.
Commissioner Plummer: I'll call mine back in.
Commissioner Dawkins: Wait a minute now. I am discussing twenty.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Yeah.
Mr. Garcia: This is an RFP.
Commissioner Dawkins: It does not say anything here about a committee.
126 May 14, 1992
ALN
Mr. Garcia: Yes. Yes, sir it does.
Commissioner Dawkins: OK. Read it to me.
Commissioner Plummer: And providing for appointment of a Selection Committee.
It's on the agenda.
Mr. Garcia: You probably could give us a name later on.
1 Commissioner Dawkins: What, item 20?
;?
Commissioner Plummer: Yes, sir. The last line.
`
Commissioner Dawkins: OK. Mine says. What I have now.
Mr. Odio: The Commissioner is right. I think he's reading from the memo.
Couinissioner Plummer: Well I am talking about the agenda.
Commissioner Dawkins: OK.
Mr. Odio: Commissioner Dawkins, in the recommendation up top of the memo it
says, and providing for appointment of a Selection Committee.
"
Commissioner Dawkins: OK. Go ahead.
Mr. Odio: But, it's not clear enough.
Mr. Garcia: If you don't have a name now we could take it later can.
Mayor Suarez: Nominate an attorney, Juan Enjamio, E-N-J-A-M-I-O, from the
s= i
downtown law firm, I believe, Shutts A Bowen.
..l
Commissioner Plummer: I'll call mine back in.
- E
FI t
Mayor Suarez: All right. As to the two nominations we have a motion and a
second, which also includes the resolution itself?
5
3
Mr. Garcia: That is right.
Mayor Suarez: All right.
*, ;y Mr. Garcia: Approving the RFP itself.
Mayor Suarez: Any discussion? If no, please call the roll.
r
'r
. 127
May 14, 1992
C
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-309
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ISSUE A REQUEST FOR PROPOSALS, IN
SUBSTANTIALLY THE ATTACHED FORM, FROM MINORITY AND
WOMEN -OWED BANKS FOR THE ESTABLISHMENT OF SPECIAL BANK
ACCOUNTS FOR A PERIOD OF TWO YEARS AND PROVIDING FOR
APPOINTMENT OF A SELECTION COMMITTEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: At the request that we receive a copy of the proposals
as they go out, the answer is yes. You follow what I am saying? This is to
issue the request for proposals. I want every member of this Commission, when
they go out, that we receive a copy also. I vote yes.
35. AUTHORIZE MANAGER TO DISBURSE $181,300 TO FEDERAL GOVERNMENT,
REPRESENTING NET REBATE REQUIREMENT FOR CITY BONDS ISSUED IN 1986
SUBSEQUENT TO ADOPTION OF THE 1986 TAX REFORM ACT.
------------ -------- ----------- -----------------------------------------------
Mayor Suarez: Item 21.
Mr. Garcia: Mr. Mayor, members of the City Commission, the Federal Government
In 1986 passed the Tax Reform Act, and one of the requirements was that any
arbitrage earnings had to be returned to the Federal Government after... 90
percent of the arbitrage earnings that we may have on the bond sale have to be
returned to the Federal Government 5 years after a bond sale. We have two
issues that were sold in 1986, and we have some arbitrage earnings there, of
{ which at this time, we need to return approximately one hundred and eighty
thousand dollars ($180,000.00). We are seeking your approval on this item.
It's a Federal law that we need to return those monies.
128 May 14, 1992 ��
III
50
Commissioner Plummer: We have no choice?
Mr. Garcia: No, sir, we don't.
Mayor Suarez: All right. Entertain a motion on it.
Commissioner Plummer: Move it.
Vice Mayor Alonso: Second.
Mayor Suarez: Moved. Seconded. Any discussion?
roll.
W
If not, please call the
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-310
A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE
TO THE FEDERAL GOVERINIMENT $181,300, REPRESENTING NET
REBATE REQUIREMENT, AS REQUIRED BY THE INTERNAL
REVENUE CODE OF 1986, FOR CITY OF MIAMI BONDS ISSUED
IN 1986 SUBSEQUENT TO THE ADOPTION OF THE 1986 TAX
REFORM ACT.
(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.
129
May 14, 1992
----------------------------------------------------------------- --------- =
36. BRIEFLY DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO AUTHORIZE PURCHASE OF 200 PROTECTIVE CLOTHING ENSEMBLES
FROM GLOBE FIREFIGHTERS SUITS (See label 40).
------------------------------------------------------------------------------
Mayor Suarez: Item 22. Protective clothing ensembles.
Vice Mayor Alonso: I would like to know, we couldn't find a local company?
Chief Huddleston: No, ma'am, there were none that met the specifications.
Commissioner Plummer: Well I don't think.., this is a Broward contract but it
doesn't mean the company is in Broward. Where is the company that's actually
furnishing...
Chief Huddleston: This if Globe Fire Equipment Company. They are a national
company. Commissioner, I don't know their address.
Commissioner Plummer: We're buying off of the Broward bid is what we're
buying.
Chief Huddleston: Yes. There's probably.only about 5 companies, right now,
that met the NFPA (National Fire Protection Association) 1500 safety standard
that we even... were tested.
Vice Mayor Alonso: I so move.
Mayor Suarez: So moved.
Commissioner Plummer: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: You know, I don't know Chief how we can get it over.
We are buying off an existing Broward County bid, but some kind of a way, a
local firm ought to be the broker, or something. I mean, somewhere in here,
that a local firm should be the agent for Globe firefighter suits or
something. No further discussion.
Commissioner Plummer: You can't do that and take advantage of an existing
bid. It's like...
Commissioner Dawkins: OK. The only...
Commissioner Plummer: ...when we buy cars off the State contract...
Commissioner Dawkins: You know, the only thing J. L. is...
130 May 14, 1992
Commissioner Plummer: I understand what you are saying.
Commissioner Dawkins: Yeah, you understand what I am saying and you sit up
here and say our tax base is squandered, and yet, all our employees don't live
1n the City of Miami, and we still take the money that we get from the people
who live in the City of Miami and pay people who are not in the City of Miami,
and we still just sit here and go through a lot of verbiage... it's nothing
but a feel good discussion.
Commissioner Plummer: Well, excuse me. What you can do, Commissioner, is ask
and inquire if there is a City of Miami company that handles this suit even 1f
you had to pay a higher price. That you can ask. Now, I don't know if that
was explored or not.
Ms. Judy Carter: Right. There is not. No, sir, there is not.
Commissioner Plummer: You saying that for sure. Or you don't know or you
don't believe.
Ms. Carter: No I don't.
Commissioner Plummer: Well, I mean, you know, I fully concur with my
colleague. Anytime...
Commissioner Dawkins: Wait a minute. Hold it. You say you don't believe it.
Commissioner Plummer: Any time I can spend dollars with my home folks I want
to spend dollars with home folks.
Commissioner Dawkins: Judy, you said it doesn't exist, or you said you don't
believe it?
Ms. Judy Carter: No I don't believe so, sir.
Commissioner Dawkins: All right I cancel this out until she comes back and
tells me she checked it out and there is none.
Commissioner Plummer: Is there a local distributor...
Commissioner Dawkins: I move you throw this one out.
Ms. Carter: Well, let us defer 1t.
Commissioner Dawkins: And then when they can come back and tell me that there
is or that there isn't for sure. Not that she does not believe it. Then I am
prepared to vote for it.
Ms: Carter: Yes. Allow us to defer it until later. Let me make a call.
Mayor Suarez: You want to table the item, not defer.
Ms. Carter: Yes, please.
131 May 14, 1992
Mayor Suarez: Table the item.
Vice Mayor Alonso: OK. Now, my first question was...
Mayor Suarez: Ask... I am sorry, go ahead.
Vice Mayor Alonso: Precisely that. Do you have a local company and then the
answer was no, from you. I thought we had looked into the situation and could
not find a local company that could provide the services. That was my
understanding. That's why I moved.
Ms. Carter: Our understanding is that there are only about 3 or 4 or 5 —_
companies in the country that provide this. So what he's trying to find out
is whether or not there is a local vendor...
Vice Mayor Alonso: Well that was my question...
Ms. Carter: ...that they can buy from.
Vice Mayor Alonso: ...to begin with, if there was a local company and I was
told, no, so I thought...
Chief Huddleston: I misunderstood I thought you were asking... i
-
Vice Mayor Alonso: ...that you had investigated.
Chief Huddleston: ...the manufacturer, yes, and there's only about 5 that
manufacture the garments that meet the requirement.
-n
Commissioner Plummer: A lot of local jobbers though.
Chief Huddleston: But there might be a local vendor.
Commissioner Plummer: That's what he's saying.
Vice Mayor Alonso: A local vendor.
a
Chief Huddleston: I am not aware of that, yes.
Commissioner Dawkins: That's all I am asking.
Vice Mayor Alonso: OK.
Mayor Suarez: OK. You satisfied? You want to table the item for...
Commissioner Dawkins: No. Go ahead.
Vice Mayor Alonso: Yes.
r i
Commissioner Dawkins: No. I wouldn't dare jeopardize the lives of these guys
for arguing over a suit that they already say we need. We have a big fire
tonight and don't have these suits, hey, I look like I don't know what.
Vice`Mayor Alonso: Yeah, but we can table the item.
132 May 14, 1992
Commissioner Dawkins: OK. So order them.
Vice Mayor Alonso: They can go back...
Mayor Suarez: OK. Your going to check out that information.
Vice Mayor Alonso: ...and come back before we leave today.
Mayor Suarez: And the movant... The moving party agrees to that?
Vice Mayor Alonso: Yes.
Mayor Suarez: I don't know if it was you, Madam Vice Mayor.
Commissioner Plummer: Yes.
Mayor Suarez: Very good. All right. We are tabling the item. In effect the
motion is withdrawn until later today.
37. BRIEFLY DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO AMEND RESOLUTION 92-227, TO CORRECT A SCRIVENER'S ERROR TO
REFLECT CORRECT PURCHASE PRICE FOR TWO VACTOR 15-CUBIC YARD COMBINATION
HIGH PRESSURE JET AND VACUUM SEWER CLEANERS FROM PEABODY MYERS
CORPORATION (See label 41).
-----------------------------------------------------------------------------
Mayor Suarez: Item 23.
Commissioner Plummer: Well, I guess this is the same kind of a scenario.
We're buying off of the North Miami Beach bid. Is there a local jobber?
Mr. Ron Williams: Well, this... Commissioner Plummer, if I may, this is
essentially correcting a scrivener's error.
Commissioner Plummer: I don't care.
Mr. Williams: We approved this item some time ago and we inadvertently
transferred the 8 and the 3, and you approved 238. The extensions were
proper. We just made a mistake in the package that went to you.
Commissioner Plummer: Have you bought them?
Vice Mayor Alonso: Yeah, but when we... when we approved the item, we were
given the wrong amounts, right?
Mr. Williams: Yes. Exactly right.
Commissioner Plummer: Question is have you bought the equipment?
Vice Mayor Alonso: Fifty thousand difference.
133 May 14, 1992
Mr. Williams: I don't think that the details were different, Vice Mayor, the
presentation just gave you the 3 and the 8 reserve. The extensions were
proper...
Vice Mayor Alonso: Fifty thousand difference is a difference, isn't it?
Mr. Williams: Yes.
Vice Mayor Alonso: You better believe it.
Commissioner Plummer: Have you bought the equipment?
Mr. Williams: I don't believe we've issued the purchase order. No, we could
not without coming back to you.
Commissioner Plummer: OK. Then what I would suggest, like the last issue, is
that you come back to this Commission and tell us that there is a local
jobber, or there is not a local jobber that could make a dollar off of this by
doing business with his own City people. And also what the difference in
price if 1t would be, or maybe lower. Let me tell you something. Government
contracts doesn't necessarily mean a low price. I remember going up to buy...
_= I asked in the City where did we buy photostat machines? Thirty-sixth Street
and the boulevard. Best price in the town, government price. I went up there
_ and I asked the man, how much 1s it? He says "X" number of dollars. I said
that isn't what they quoted me on the phone. He said, well you said City
price. I said yes. He says if you walked in off the street it's fifty-three
dollars ($53.00) cheaper, but we bid the City price and we must sell at the
City price.
Mr. Williams: We'll bring you that back Commissioner.
Commissioner Plummer: OK.
Mayor Suarez: OK. We have a tabling of that or deferral? Tabling?
Commissioner Plummer: Likewise. Whatever you did with the...
Vice Mayor Alonso: Yes.
Mayor Suarez: Try it for a little later today.
134 May 14, 1992
38. AUTHORIZE MANAGER TO ENTER INTO SETTLEMENT AGREEMENT WITH FRATERNAL
ORDER OF POLICE (FOP), LODGE NO. 20, RELATING TO 1984-1985 POLICE
LIEUTENANT'S CIVIL SERVICE EXAMINATION (ESTIMATED COST $471,750) --
ALLOCATE FUNDS (Self -Insurance Trust Fund).
Mayor Suarez: Item 24.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Let's get it behind us.
Vice Mayor Alonso: Second.
Mayor Suarez: Second.
Commissioner Dawkins: Under discussion. Where will the money come from? Not
that I got any problem with the settlement.
Vice Mayor Alonso: Self Insurance Trust Fund.
Mr. Odio: It's in the Self Insurance Trust Fund.
Commissioner Dawkins: Beg your pardon?
Mr. Odio: It's in the Self Insurance Trust Fund, accounts.
Commissioner Dawkins: What is in that account?
Mayor Suarez: How much do we now have in the a...
Mr. Odio: Those are monies we set aside for claims that estimate...
Mayor Suarez: ...right. In the account, Mano?
Mr. Odio: Oh, how much total?
Mr. Manohar Surana: We have a reserve of about three million dollars
($3,000,000.00) coming from that account.
Commissioner Plummer: You know, I want to ask a question. Whose fault was
it? Whose fault was the screw -up that we are now paying near a half a million
dollars ($500,000.00) for? No! I want to know. Because I want to know if
that silly sucker is still working for the City. And I don't know who that
silly sucker might... what do you call him? Piccolo Pete. No, no. I want to
know who screwed up?
Commissioner Dawkins: No. You should ask how did it happen.
135 May 14, 1992
Commissioner Plummer: Somebody did.
Commissioner Dawkins: Are you going to defer this until they tell you who did
it?
Commissioner Plummer: I would like to know. Wouldn't you?
Commissioner Dawkins: Yes. Of course. Of course. And I also want to know
from Mr. Surana. What's left in... I am asking. See everybody else up here
didn't ask. I am asking now. OK. And maybe I can get my answer now so I can
go on. What's left in the self -insured fund?
Mayor Suarez: And don't give us an approximation. You should have those
figures handy. I mean it's...
Commissioner Plummer: They change hourly. When this Commission is in
session, nothing holds true.
Mayor Suarez: ...an account. It's got "X" amount of money, you know. You
may have a little interest in the last couple of days, but...
A. Quinn Jones, III, Esq.: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Jones: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Jones: May I just say something for the record?
Mayor Suarez: Yes, counselor.
Mr. Jones: I just want the record to reflect that the City Attorney's office,
my office, did not play a role in negotiating this settlement. I think that I
would be remiss, as City Attorney, to tell you that the City prevailed all the
way to the point where we are now, the case being on appeal. So I do want you
to know that this was something that was negotiated by the Administration. It
was not negotiated by my office and while I don't oppose it, this is certainly
the Manager's recommendation.
Mr. Odio: Yes, most definitely is.
Commissioner Plummer: Well, wait just a damn minute here. Are you telling
me... you say you don't oppose it. What are you trying to tell me?
Mr. Jones: Well, all I am telling you, Commissioner, is that the... as I
would do any client that my office represents...
Commissioner Plummer: You represent me?
Mr. Jones: I represent you.
136 May 14, 1992
Commissioner Plummer: Now are you telling me that this is the best thing you
recommend to be done?
Mr. Jones: I just said, Commissioner,...
Commissioner Dawkins: That they did not come to him for any advice. That's
what he's saying to you.
Commissioner Plummer: No, no, no. Hey look: Don't play me one against the
other.
Mr. Odio: No. I'll tell you what it is.
Commissioner Plummer: OK. I want to know the bottom line.
Mr. Odio: The bottom line is that is was the decision of the Administration
to negotiate a settlement because of the consequences of losing this case
would be devastating.
Commissioner Plummer: You are making legal... You are making legal
determinations of what you think.
Mr. Odio: No. The court ordered... the last... and the others I can explain
this. The estimated damages alone, in money, from the court judgement order
that we have now, in front of us, is six hundred and sixty-one thousand four
hundred dollars ($661,400.00). That is the damage we have been ordered to pay
already, plus, everyone of those individuals would have to be promoted to
lieutenants. And it would forever, for years, and years, and years,... it
would destroy the affirmative action part of the Police Department.
Commissioner Dawkins: Why?
Mr. Odio: There would be nobody promoted.
Commissioner Dawkins: What. Hold it. Hold it. Hold it. How would that
destroy the affirmative action part of the police agreement?
_-' Mr, Odio: Because you would have to promote... the majority of the
individuals that are involved here are Anglos. They would have to be
promoted. We would have more lieutenants than we need for it, so we would not
have promotions in years to come.
Commissioner Plummer: Whoa! Whoal Whoal
Commissioner Dawkins: No way. No way. No way.
-Commissioner Plummer: You can cut back on the number of lieutenants any time
you want.
Mr. Odio: Yes, but this lieutenants would have to stay because they are under
court order.
Commissioner Dawkins: Yeah, but you see, you couldn't unmake any lieutenants.
So how could this destroy the affirmative action program?
137 May 14, 1992
Mr. Odio: Commissioner, if you promoted...
Commissioner Dawkins: If you made one woman, one black, or one Latin, and the
court demanded that you make 18 Anglos, you could not unpromote any
lieutenants.
Mr. Odio: No, you could not. That's what I am saying.
Commissioner Dawkins: So how could this... You know. You know I am not
going to allow this Administration to pit...
Commissioner Plummer: It doesn't make sense to me.
Commissioner Dawkins: ...the minorities against each other.
Mr. Odio: We're not doing that, Commissioner.
Commissioner Dawkins: That's just what your doing.
Mr. Jones: Let me explain?
Commissioner Plummer: Huh?
Mr. Jones: Let me explain on the record.
Mr. Odio: No, I am not doing that.
Commissioner Dawkins: Yes you are doing that. You are saying this would
destroy affirmative action, and then the blacks get angry because you say you
destroyed affirmative action,, and now you got people fighting among
themselves, and we don't need.
Commissioner Plummer: Now the question that I wish to ask, OK, and I am going
to get back to my original question. Somewhere, somehow, somebody messed up,
and I want to know, who, and how, that came about.
Mr. Odio: All I can tell you is this happened in 1984.
Commissioner Plummer: OK. Who made the decision that created the problem?
You don't know. Who does? Are you telling me nobody in this City knows? I
was here but I didn't make that decision, so I want to know who did.
Ms. Angela Bellamy: Commissioner, in 1984 the decision was made to, for the
first time, give an Assessment Center in the City of Miami. This was the
Assessment Center which was given in 185. There were several administrative
errors that occurred.
Mayorc Suarez: An Assessment Center for evaluation of candidates for the
position of lieutenant, in the Police Department, in the City of Miami.
Ms. Bellamy: That's correct.
138 May 14, 1992
�s a
Mayor Suarez: What percentage of the grade was the assessment going to be, or
of the evaluation?
Mr. Bellamy: I don't have the specifics with me.
Mayor Suarez: Aht Al right, we had an Assessment Center. What was the
problem of the Assessment Center that created this liability now?
Ms. Bellamy: There were several things that happened. First of all, we had
an agreement with the Miami Dade Criminal Justice Assessment Center. They
were actually going to administer the Assessment Center. Part of the
administration, there were some glitches such as we had a panel of assessors,
three assessors that would be interviewing candidates. We had a couple of
candidates that actually... there were not three persons there to assess them.
We had two.
Mayor Suarez: There were some citizens that were assessing...
Ms. Bellamy: There were citizens that...
Mayor Suarez: ...and maybe didn't make it to the sessions et cetera. And we
should have been...
Ms. Bellamy: Excuse me.
Mayor Suarez: They didn't make it to the evaluations, possibly, the citizens
or...
Ms. Bellamy: No, I don't think that was it.
Mayor Suarez: Was it staff that didn't make it?
Ms. Bellamy: No, what happened was there were,.. what the union alleged was
that the assessors should have been police, instead of the fact that we had
the panels of three assessors that included one police person, and it may have
been people who were in management, but they were not police personnel.
Mayor Suarez: But that was the gist of the liability...
Mr. Jones: Well.
Mayor Suarez: .,.because I've been 1n assessments in the County...
Mr. Jones: Well.
Mayor Suarez: ..,where I was a citizen a nonpollce...
- Ms. Bellamy: But that was part of the argument that that in itself... it had
been proven...
Mayor Suarez: It flawed the process somehow?
- Mr. Jones: let me just see if I can put this in some light because I think
you need to know. That was the crux of the argument that the FOP (Fraternal
139 May 14, 1992
a �►
Order of Police) alleged as to why the 84 lieutenants exams should have been
invalidated. You should know that the FOP initially appeared before the Civil
Service Board asking that the Civil Service Board, because of the glitches =_
have been referred to in terms of the Assessment Center be thrown... that the
exam be invalidated. The Civil Service Board ruled that it would... that the
exam should be thrown out. Of course that was a recommendation to the =-
Manager. The Manager at the time, I think, was Sergio Pereira. Mr. Pereira
decided, as City Manager, that the exam was valid, that there was no reason to _
throw it out. Subsequent to that action, the FOP filed a Writ of Mandamus in _
Circuit Court asking the Court to invalidate the examination, and also seeking
injunctive relief, which would have held up the promotions that were scheduled
to be made at that particular point and time. The City was successful. The =-
judge denied the FOP's motion for Writ of Mandamus, and also the injunctive -
relief. Thereupon the FOP appealed to the 3rd District Court of Appeal. The
3rd District Court of Appeal upheld the City's position. The FOP was denied
relief. the FOP then sought review by the Florida Supreme Court.
Jurisdictional briefs were filed. The Supreme Court denied jurisdiction,
refused to hear the case. Subsequent to that, the FOP changed the title of
its lawsuit asking for declaratory judgement, which in fact, was the same _
basis, the same grounds that it sought review before the court in the Writ of
Mandamus. Judge Simons, who heard this particular case, agreed, or should I _—
say ruled, that the Assessment Center part of the examination should be given
again. All those individuals who scored 84 or higher would be ordered to be -
promoted, and, of course, this was over the objections of the City which had =_
filed a previous motion for summary judgement on the basis that, these
particular issues had already been ruled upon and, of course, it was what we `-
call in the law, res judicata, in fact, the City took issue with this. The
case is now before appeal... is on appeal and I can only tell you in terms of
the time and effort that has gone on in defending this case, as your City
Attorney, and in my judgement, I think the City has a very good chance of
prevailing, notwithstanding what has been indicated here. Certainly,
Commissioner Plummer, what was indicated at the outset as to my
recommendation, again, it's not my recommendation to settle this case. I was
not involved in this particular settlement and, of course, as Mr. Odio has
indicated, it was something that was negotiated by the Administration.
Mr. Odio: If I may, I want to put on the record...
Commissioner Plummer: Can I ask two question?
Mr. Odio: ...the court ordered...
Commissioner Plummer: Can I ask two questions? Number one, how many
individuals are involved?
Mr. Odio: Twenty-four plus five.
Commissioner Plummer: I am sorry. Twenty-four...
Mr. Odio: Twenty-nine total.
Commissioner Plummer: Twenty-nine total individuals are involved. Have any
of those been made lieutenant, at this time?
140 May 14, 1992
11
Mr. Odio: One.
Commissioner Plummer: One. How many lieutenants do we have at the present
time?
Mr. Odio: Forty-three.
Commissioner Plummer: Forty-three. Is it my understanding, if in settlement,
as you recommend, the twenty-eight would be put in as lieutenants?
Mr. Odio: Will not be promoted.
Commissioner Plummer: They will not be promoted.
Mr. Odio: They will not be promoted.
Vice Mayor Alonso: Only the salary.
Mr. Odio: Only the salary, and this... that's why...
Commissioner Plummer: And so then what I am to do is to divide 29 into this
figure to find out how much each one is entitled to?
Mr. Odio: No because it's less than if you had gone back retroactive. We
have to explain it in detail here. That's why I need to... please let me put
on the record.
Commissioner Plummer: OK. Go ahead.
Mr. Odio: This is the court order from Simons that we were facing. That
we're fighting on appeal. We may or may not win. I'll trust his judgement.
If he thinks we can win, I'll withdraw this, and if we lose we know the
consequence. I would rather settle.
Vice Mayor Alonso: We are giving them 15 percent salary increase.
Ms. Sue Weller: We're giving the... there's 24 active and 5 retired people
involved..
Vice Mayor Alonso: OK. The active is 15 percent.
Ms. Weller: Right. The 15 percent is an increase to their hourly rate, and
they will continue to receive that 15 percent. When they retire, those people
will receive ten thousand dollars ($10,000.00) retroactive for a year, and
that will;up their pension when they go out. The...
Vice Mayor Alonso: When they retire they will receive...
Ms..Weller:. Ten thousand dollars ($10,000.00).
Mr. Odio: Right..
Commissioner Plummer: Is .that what the 471 one is? Or is that plus?
141 May 14, 1992
Vice Mayor Alonso: Ten thousand dollars.
Ms. Weller: I am sorry, what?
Commissioner Plummer: Is that plus the 471 or is that...
Ms. Weller: No. That's included. All right.
Mr. Odio: Right up front you are saving the... now the court order read that
any affected person who achieved a passing score of 84 or higher on a
subsequent promotional examination to the rank of police lieutenant, may
retain such score and shall be declared promoted retroactive to September 27th
of 1985, with all pay and emoluments. Any person who achieved less than 84,
but because of his status as a minority, or otherwise can prove to the court
that they would have none the less been the subject of such promotion may
request a hearing for that purpose. Any affected employee, who has since
September 27th, 1985 retired from the service of the City of Miami, shall be
allowed to retake the Assessment Center examination, and if he or she passes
with a score of 84 or higher, shall be deemed promoted and shall receive pay
at the appropriate lieutenant's pay grade, from September 27th, 1985 to the
date of retirement, and shall, thereafter, receive pension payments reflecting
the difference in salary. For any of these affected person who achieve a
score of 84 or higher on a subsequent examination, the City of Miami shall
have the opportunity to show cause to the court, why any of such persons shall
be bypassed for promotion. All promotions and payments of backpay and other
emoluments shall be completed within 180 days of the date of this order.
Mayor Suarez: Commissioner Dawkins wants to inquire.
Commissioner Dawkins: Through the Manager to you. Did I hear you say that
upon retirement each individual receives ten thousand dollars ($10,000.00)?
Ms. Weller: That's correct, Commissioner.
Commissioner Dawkins: And that ten thousand dollars ($10,000.00) does what?
Ms. Weller: That is rolled into their base so that when they retire their
pension is affected.
Commissioner Dawkins: And that makes his retirement pay what?
Ms. Weller: Well, it increase their retirement pay by whatever that
percentage is.
Commissioner Dawkins: So, therefore, the City of Miami...
Commissioner Plummer: This figure doesn't hold true.
Commissioner Dawkins: The City of Miami...
Commissioner Plummer: Can't. Not as a roll over.
Commissioner Dawkins: ...really is not paying for this settlement. This
settlement is being dumped on the Policemen's Pension Fund.
142 May 14, 1992
Commissioner Plummer: On a 35 year amortization. No way.
Ms. Weller: Not all of it, no.
Commissioner Dawkins: Oh, no. Well, why isn't it?
Commissioner Plummer: No way.
Ms. Weller: That portion...
Commissioner Dawkins: If you are going to pay ten thousand dollars
($10,000.00), and that increases an individual's retirement pay, which means
that his retirement pay is going up, and he's not paying anything into the
fund, but the money is going up...
Commissioner Plummer: Fifteen percent...
Commissioner Dawkins: ...therefore, 1n my estimation the City of Miami...
I'll sign this 1n a hurry because the City of Miami is not paying for this
mistake. It's the pension plan of the Police Department that is paying, and
that's try opinion.
Mr. Odio: I will say this in respect to Bob Klausner, who's not here. This
is a fair settlement to all parties involved. We do save some money, and they
know that, and the sergeants that were involved have been very gracious about
it, accepting this settlement. It is a settlement, and I think it's fair to
both sides.
Vice Mayor Aionso: Not often do we find ourselves in a situation like this,
= where the City Attorney is taking the position that he's not, as I read him,
1n favor of the settlement, and he has emphasized that it is a decision of the
Administration. Now you, 1n a very clear fashion, have presented to us the
values of the settlement. It's really a unusual situation to see the...
Mr. Odio: I guess it... Commissioner, let me tell you something.
Vice Mayor Alonso: ...City Attorney in a position like this.
Mr. Odio: It was not easy, and it didn't begin with this Attorney, it began
with the other one where he fought me all the way through the settlement
process. I have to consider, like you have, the financial situation of the
City, and, again, I'll repeat, the impact of having to promote 29 people into
the lieutenant's rank, and have 60 or 70 lieutenants, when we only need 43 or
something like that.
Commissioner Plummer: See that's where I disagree with you.
Mr. Odio: We have to promote it.
Commissioner Plummer: Yeah, but you take out 29 that are there.
Mr. Odio:. Why?
143 May 14, 1992
•
I J
Commissioner Plummer: Because they don't belong there. They should not have
been there to begin with.
Mr. Odio: No, sir, they're wrong. You are wrong. You are wrong,
Commissioner.
Commissioner Plummer: Mr. Manager, you are only in need of "X" number of
lieutenants.
Mr. Odio: You do not roll the other ones back.
Commissioner Plummer: Why not?
Mr. Odio: Because they earned their rank through examination. They were
promoted legally, and who you do...
Commissioner Dawkins: For the same reason you can't make them move back into
the City of Miami, that's why.
Commissioner Plummer: No, that's not true.
Commissioner Dawkins: Yes, it is.
Commissioner Plummer: Because this number, in my estimation, does not hold
true. OK. You are going to wind up with lawsuits whichever way you go. OK.
Look, tell me, when you say, 15 percent of their salary. You are increasing
them 15 percent.
Ms. Weller: Yes, sir.
Commissioner Plummer:
percent on?
What is the salary base that your figuring the 15
Mr. Odio: From the salary they now have.
Commissioner Plummer: Yes, of course, what they now have.
Ms. Weller: Their current salary, whatever rate that is.
Commissioner Plummer: What do they total? What is their current salaries
right now? The total of the 29?
Mr. Odio: It's a three step equivalent, is what I remember, a three step
equivalent.
Commissioner Plummer: Mr. Manager, I am trying to tell you, sir, that right
off the bat you have two hundred and.ninety thousand in pension retirement.
You can't make -me believe that four hundred and seventy-one thousand is the
right nutter.
Mr. Odio: That's the cost. I can tell you that's the cost.
Ms. Weller: I can, I...
144 May 14, 1992
Commissioner Plummer: Tell me what 15 percent annually of their salary is?
Mr. Odio: And I would like you... I will prove it to you.
Ms. Weiler: All right.
Mr. Odio: That is the cost.
Commissioner Plummer: Because you are going to pay that annually, as long as
they are with the City.
Ms. Weller: I can... I can break it out for you. All right. The retroactive
15 percent to, which is retroactive to October 1st 1990, not 1985 as this
judgement indicates,...
Commissioner Plummer: OK.
Ms. Weller: ...will be two hundred and sixty-five thousand, one hundred and
sixty-two dollars ($265,162.00).
Commissioner Plummer: OK. The other is two ninety, we know that.
Ms. Weller: The...
Commissioner Plummer: What do you mean, no?
Ms. Weller: Excuse me. The rest... for the rest of the fiscal year, for
fiscal year 192...
Commissioner Plummer: Right.
Ms. Weller: ...that 15 percent will cost us an additional forty-eight
thousand six hundred and fifty-eight dollars ($48,658.00).
Commissioner Plummer: OK.
Ms. Weller: You.then have one individual who was promoted to lieutenant...
Commissioner Plummer: OK.
Ms. Weller: ...who is receiving five thousand dollar ($5,000.00) lump sum.
Commissioner Plummer: OK.
Ms. Weller: You then have another individual...
Commissioner Plummer: Whoal Whoal Whoal Are you conveniently overlooking the
ten thousand each one receives when he goes out in pension?
Ms. Weller: I have not...
s
Commissioner Plummer: Is that not two hundred...
Ms.,Welier: I have not gotten to that point yet. I am sorry.
145 May 14, 1992
Commissioner Plummer: Oh. I am sorry. He said that was it. Go ahead.
Unidentified Speaker: No, we are saying the $5,000 for that one person...
Ms. Welter: Then we have another individual, who is Assistant Chief, who will
receive twelve thousand dollar ($12,000.00) lump sum.
Commissioner Plummer: OK.
Ms. Weller: We then have attorney's fees, fifty thousand dollars
($501,000.00).
Commissioner Plummer: No, I don't want that right now.
Ms. Weller: We then have...
Commissioner Plummer: That's not in the 471, right?
Ms. Weller: Yes, it is.
Mr. Odio: Yes, it is.
Commissioner Plummer: And that's fifty thousand?
Ms. Weller: Yes, sir.
Commissioner Plummer: Outside counsel?
Ms. Weller: Yes, sir. We then have the... let's see... we have the retiree
payment which is 5 individuals that we are projecting might retire this and
get that ten thousand. That's fifty thousand dollars ($50,000.00).
Commissioner Plummer: Well you have to figure that each one eventually is
going to get the ten.
Ms. Weiler: But that's... Yes, I think that's a future cost...
Commissioner Plummer: OK. But it's still...
Ms. Weller: ..,that I can't give you.
Commissioner Plummer: ...two hundred and ninety thousand dollars
($290,000.00) any way you hack it.
Ms. Weller: If you want to add that future cost in, yes.
Commissioner Plummer: OK. Now, does that 15 percent increase in pay continue
after this year?
Ms. Weller: Yes, it does.
Commissioner Plummer: How many years is it projected these people are still
going to be with the City? Because you are going to be paying them 15 percent
over what they are entitled to. Correct?
146 May 14, 1992
Ms. Weller: Well, until...
Commissioner Plummer: This number can't begin to be right.
Ms. Weller: We're indicating that that is...
Commissioner Plummer: I am looking at two numbers, excuse me, I am looking at
two numbers alone. The two hundred and sixty-five of the 15 percent money,
and two hundred and and ninety thousand. Here.
Ms. Weller: Where's the two hundred and ninety?
Commissioner Plummer: Two sixty-five plus two ninety.
Commissioner Dawkins: Three fifteen.
Commissioner Plummer: How much? No. Two sixty plus two ninety. Five
hundred and fifty thousand to start. No, Mr. Manager, I don't need this. OK.
I am using her numbers.
Ms. Weller: All right. The...
Commissioner Plummer: Just the two numbers alone, I am not going to accept
four hundred and seventy-one thousand as the settlement.
Ms. Weller: The four hundred and seventy-one thousand is the fiscal year 192
cost.
Commissioner Dawkins: They are accepting it, we're not accepting it.
Commissioner Plummer: I am sorry.
Ms. Weller: The four hundred and seventy-one thousand is the fiscal 192 cost,
this year's cost.
Commissioner Plummer: That doesn't mean anything to me. What's it cost me to
settle over the long haul from day now until this matter is cleared?
Ms. Weiler: Then you... well, you are looking at, first of all, then the ten
thousand per person when they retire. That would... well for for those of the
29...
Commissioner Plummer: Twenty-nine.
Ms. Weller: Twenty-four.
Commissioner Plummer I am sorry. OK. You said 29. I buy 24.
Ms. Weller: All right, so you have two hundred... whatever that is. You have
that figure of -two hundred and forty.thousand.
Commissioner Plummer: But wait a minute, excuse me,...
147 May 14, 1992
E,
[1
Commissioner Dawkins: That's two hundred and forty thousand.
Commissioner Plummer: ...calculate, for me, the average... we know the
assumption rate of retirement. OK. Now go back and tell me, on the ones that
are eligible, how long they have got to go at this 15 percent they are getting
as a bonus working out of classification.
Mr. Odio: It is not a bonus. Because...
Commissioner Plummer: It is a bonus.
Mr. Odio: ...if you follow the court order, you have to give them the 15
percent right now, back to 185, until they decide to retire. And that's
because you have to compare. What is the 15 percent you have to pay under
court order, back to 185, until they decide to retire. And then compare it to
what we are offering them. And there you will get your differences.
Commissioner Dawkins: And that's the cost we're transferring to the pension
fund. That cost right there that the City of Miami should be picking up.
Commissioner Plummer: Well, we're going to pick it up in the pension fund or
somewhere else.
Mr. Odio: They have more money than we have.
Ms. Weller: And when they receive that ten thousand dollars ($10,000.00), the
pension will be deducted from their ten thousand that they would normally pay
in.
Commissioner Plummer: But that increases the liability of the pension fund.
Mr. Odio: You have to pay one seventy, go back to 185... [INAUDIBLE] ...and
then project that ten years down the line.
Commissioner Plummer: I am still asking ny► same question. Now you've gone
all around the pole. Who screwed it up, and why? I am still asking the
question, because so help me God I want to know if that person, and those
people who made that decision, are still working for this City. I want them
out.
Mayor Suarez: What you heard from the Manager, and the City Attorney, is
roughly the following. From the City Attorney you heard a very complicated
procedural explanation which is his way of saying he still thinks we can
prevail.in the suit. In other words, nobody messed up, we have an unfounded
lawsuit and he thinks he can rein.
Commissioner Plummer: But, Mr. Mayor, here's my problem.
Mayor Suarez: So from his perspective that's what it is. From the Manager
hearing, well, we may or may not win. Let's assume that we have a minimal
chance of losing, but the practical effect will be that we may have as many as
twenty. some, primarily non -minority lieutenant... sergeants, wanting to be
lieutenants, which means that for many many years we will not be able to
promote minorities to the rank of lieutenant...
148 May 14, 1992
Commissioner Plummer: Mr. Mayor, my problem...
Mayor Suarez: ...because there just won't be any vacancies there unless we go
from 43 that we now have, to 80 or something because this would be twenty
some...
Commissioner Plummer: Forty-three is too many.
Mayor Suarez: Forty-three, some people would argue, is too many.
Commissioner Plummer: All right.
Mayor Suarez: So we will have the same situation that we now have with
captains. There has not been a captain's examine now in years.
Commissioner Plummer: You got 5.
Mayor Suarez: And you've got, you know, a bottle neck there...
Commissioner Plummer: A hundred thousand dollars ($100,000.00) each.
Mayor Suarez: ...for anybody's advancement, let alone minorities. The
Manager's saying for this amount of money, plus we get a few people out of the
system. How many are retiring as a result of this?
Mr. Odio: Five have retired and the ten thousand, honestly, was given... it
becomes an incentive to retire.
Mayor Suarez: Right. And others may with the incentive. So, we get some
people out of the system. We open the way for more advancement for those who
have been on the force 10, 15, 20 years, and in particular, we don't...
Commissioner Plummer: All right, now.
s�Mayor
d
Suarez:
...mathematically
exclude
minorities.
Commissioner
Plummer: Can I get
back to
my problem.
Mayor Suarez: There's no guarantee but...
Commissioner Plummer: Can I get back to my problem?
Mayor Suarez: Yeah. I am sorry.
Commissioner Plummer: OK. My problem...
Vice Mayor Alonso: Could I ask you a question?
Commissioner Plummer: Sure.
Vice Mayor Alonso: Who is handling, in the legal department, this case?
149
May 14, 1992
Mr. Jones: Right now, Theresa Girten is one of my two appellate attorneys.
City has filed it initial brief and, of course, the FOP requested an extension
pending the outcome of this, the time within which to file their answer brief.
Commissioner Plummer: OK. My problem is simple. The Manager tells me if we
settle, or we don't settle, the potential liability is at six hundred and some
thousand dollars. Is that correct?
Mr. Odio: For now. Right now.
Commissioner Plummer: I understand that.
Mr. Odio: Ninety-two.
Commissioner Plummer: Is that what you are telling me?
Mr. Odio: Yes.
Commissioner Plummer: I am looking at, 1f we do settle right now, at a
minimum of six hundred and sixty-five thousand.
Mr. Odio: No, sir. I am sorry. I disagree.
Commissioner Plummer: Well, I am looking at the numbers she gave me. Two
hundred and sixty-five thousand is the salary. Two hundred and ninety
thousand is the pension. Forty-eight is the rest of this fiscal year. Five
thousand for one. Twelve thousand for another, and fifty thousand for
attorneys comes to six hundred and sixty-five thousand. What the hell have I
got to lose if I go ahead and try to sue?
Mr. Odio: Yeah. I would like to...
Commissioner Plummer: What do I have to lose?
- Mr. Odio: You are wrong in those numbers.
= Commissioner Plummer: Well, sir, tell me where I am wrong.
l
;1 Mr. Odio: Let, let...
Commissioner Plummer: I am using her numbers.
Mr. Odio: I am getting Frank May to...
Commissioner Plummer: Excuse me.
Mr. Odio: I don't want to deal with your calculator.
Commissioner Plummer: Did you give me these numbers?
Mr. Odio: No.
Ms. Weller: I gave you what...
150
May 14, 1992
Commissioner Plummer: Are they, to the best of your knowledge, true numbers?
Ms. Weller: I gave you what made up the four hundred and seventy-one
thousand, indicating that that was the fiscal year ninety...
Commissioner Plummer: But you didn't put in pension.
Ms. Weller: You are right. As far as the future costs, we indicated...
Commissioner Plummer: You didn't put in pension.
Ms. Weller: But, Commissioner, we indicated...
Mr. Odio: But you have to compare future costs on both sides, Commissioner.
Commissioner Plummer: Are you saying the six hundred thousand doesn't have
pension cost? Yes or no.
Mr. Odio: Which... the other one, no...
Commissioner Plummer: The potential.
Mr. Odio: No.
Ms. Weller: No, it doesn't.
Commissioner Dawkins: Why not?
Commissioner Plummer: Well, there's...
_=
Ms. Weller: Because they are
not receiving ten thousand under... if you are
looking at the judgement, and
those individuals are promoted, that make a
score of 84 or above, they
are getting back pay, and then they will get
_
whatever they have when they
retire. They are not getting the ten thousand
-
dollars upon retirement.
`i
Commissioner Dawkins: I am...
whatever... I am going to vote whatever happens
''
I vote with it. But like I
said, I still say, if I were a member of the
=1.�
Police Department, I would be very very disturbed.
p y y This is a charge of
4;
irresponsibility of the City
of Miami that would be passed on to my pension
i
plan, and I would be upset.
f P
_
Commissioner Plummer: Well, I
am sorry, Miller, repeat that briefly.
Commissioner Dawkins: OK.
What I am saying 1s, as you said J.L., four
hundred and seventy-one thousand seven hundred and fifty dollars is not the
x
total cost.
f, Commissioner Plummer: Oh, no.
Commissioner Dawkins: All right. Now, but, they already said, which lets me
know, that ten thousand dollars will be paid in a lump sum, and the reason -
and this is my reasoning, now, no one said this directly - the reason the ten
thousand dollars payout is, the ten thousand dollar pay out will increase the
individual's pension rate of pay when it retires.
'2
151 May 14, 1992
�' -w
Commissioner Plummer: Correct.
Commissioner Dawkins: Therefore, the pension plan, not the City of Miami, has
to pick up that additional cost of the individuals retirement check that's due _
because of the ten thousand dollars, and to me, that's the way it is.
Commissioner Plummer: Yeah. But what about the fact that the pension, the
City has to write a blank check every year, if the pension doesn't do well to _-
make .sure that it's amortized out right.
Commissioner Dawkins: I am not your Manager, and I don't negotiate that. I
sit up here and just tell you what you all give me.
Commissioner Plummer: It's not negotiable. Excuse me, it's not negotiable.
It is an open check.
Commissioner Dawkins: Right. Well, I didn't... OK. Then this Manager, nor
neither one of these Commissioners, sat down with the bargaining agents and
came up with this. This was done through labor relations and bargaining, and
whoever was here agreed to this, and there's nothing you and nobody else can
do about it unless you abolish the Police Department. That's why I joined the
unions. Because we always fight for everybody's rights. That's what you got
them for. That's what you pay for.
Commissioner Plummer: Ten percent, a million two a year, you are talking
about ten...
Commissioner Dawkins: You don't pay union dues to lose money. You pay union
dues to get more money.
Commissioner Plummer: ...hundred and twenty plus sixty...
Commissioner Dawkins: And more benefits.
Commissioner Plummer: You are talking a hundred and seventy thousand a year,
in the 15 percent.
Commissioner Dawkins: That goes to the pension plan.
Commissioner Plummer: No. No, no. From this day forward... well, excuse me,
what did you tell me? You told me that two sixty-five was for the year. - the
one year?
Ms. Weiler: That goes back to October 1, 1990 up to now.
Commissioner Plummer: That's two years.
Ms. Weller: Essentially.
Commissioner Plummer: Roughly.
Ms. Weiler: It's a year and a half.
,a
152 May 14, 1992 -
Commissioner Plummer: Year and a half, OK. So two hundred and forty thousand
is what it costs, per year, for the additional 15 percent. Is that correct?
That's per year until these people retire.
Mr. Frank May: That's correct.
Mr. Odio: That's correct, but...
Commissioner Plummer: Two hundred and forty...
Mr. Odio: 'But you would...
Mr. May: Commissioner, the cost comparison was based only on fiscal year 192.
It did not include any future costs.
Commissioner Plummer: But there is future costs.
Commissioner Dawkins: But there are future costs.
Commissioner Plummer: There's humongous future costs.
Mr. Odio: Because you have them.
Mr. May: I understand that. But there are future costs on both sides.
Commissioner Plummer: In five years it's a million dollars ($1,000,000.00)
Mr. Odio: Well, wait a minute. On both sides. The court order mandates you
to pay at 15 percent. That's what we're trying to do.
Mr. May: You will have the same future costs on both sides of the fence...
Commissioner Plummer: If you lose.
Mr. May: ...on the judgement...
Commissioner Plummer: If you lose.
Mr. May: ...and on the settlement.
Mr. Odio: If you lose.
Mr. May: 'If you do, of course.
Mr. Odio: If you lose.
vice Mayor Alonso: The ten thousand dollars that we are talking about at
retirement.is retroactive for one year.
Mr. May: That's correct. Because that's the only way that it can be built in
to their. compensation base.
Commissioner Dawkins: To their pension plan is what he's telling you.
153 May 14, 1992
......;ter
Commissioner Plummer: And what do you estimate... what are you estimating
that the cost factor to the pension will be by the ten thousand, plus the
additional 15 percent? What is that factor costing the pension fund?
Mr. May: Commissioner Plummer, we did not work out future costs. These
are...
Commissioner Plummer: Well, that's easy to do.
Mr. May: ...current years' costs.
Commissioner Plummer: It's easy to do. You've got to figure out the full
impact of this thing.
Mr. May: All right. I can make some quick assumptions, if you would like me
to, on the floor.
Commissioner Dawkins: No. No, no, no.
Lodge #20, agrees to this, I am with it.
Ronald J. Cohen, Esq.: Commissioner?
The Fraternal Order of the Police,
Commissioner Dawkins: I disagree with it, but if they agree I agree.
Commissioner Plummer: Agree what, to settle?
Mr. Odio: Commissioner Plummer,...
Commissioner Dawkins: Hey!
Mr. Odio: ...Just for... because I...
Commissioner Dawkins: And I also agree with the City Attorney. I feel kind
of bad that he was not... as the legal advisor was not in. Did not even have
the courtesy of being invited in to say, no, I don't agree with it, I have a
problem with that, but, hey, there again, if the City Attorney didn't call us,
to call a special meeting and say I am being look over, I am not being allowed
to participate, that's his problem.
Commissioner Plummer: Where in the hell is the money going to come from?
Vice Mayor Alonso: Was he invited?
Commissioner Dawkins: You will not be here...
Mr. Odio: We had City attorneys...
Commissioner Dawkins: ...in the year 2001. Don't worry about it.
Mr. Odio: ...sitting in my meetings at the beginning. Then at one point the
attorney told me... Jorge Fernandez said I don't think... I think we should
appeal., And I told him that's your decision. I am going to recommend that we
don't appeal.
154 May 14, 1992
Commissioner Plummer: Mr. Manager, what are you going to do to offset this
cost?
Mr. Odio: Excuse me.
Commissioner Plummer: My question is simple. You are looking at roughly
three hundred thousand dollars ($300,000.00)...
Mr. Odio: That's right.
Commissioner Plummer: ...a year in additional costs.
Mr. Odio: You are right.
{'I
Commissioner Plummer: What are you going to do to offset this cost?
Mr. Odio: The budget, as we prepare for next year and the years after that,
have to be adjusted to make up this money. Commissioner, again, and I'll...
assuming that I didn't have the problem with the Gates case... this is all
assuming that... well forget it...
Commissioner Plummer: The Gates case is not settled.
i
Mr. Odio: I know that. And this is something that happened in 184, so we
have to pay for it now. What do you want me to do? It's either that or you
want to play it roulette, and play it in the courts and see what happens, and
if we win, great, we'll save all this 15 percent.
Commissioner Plummer: And you are telling me that you don't have the
availability of rolling back 29 lieutenants positions today.
Mr. Odio: That is correct. We do not.
Commissioner Plummer: You can't?
'
Mr. Odio: We can not.
_.
L
Commissioner Plummer: You are prohibited from doing that.
Mr. Odio: Yes, sir.
Commissioner Plummer: By what... by virtue of what?
Mr. Odio: That they were promoted... that those people that were promoted...
Commissioner Plummer: You are telling me that management does not have the
ability to determine the numbers of the employees of this City. Are you -_
telling me that?
Mr. Odio: Yes, you do. _
Vice Mayor Alonso: We'll have another lawsuit.
{
155 May 14, 1992
F
Mr. Odio: You can, but in this case and I asked the question over and over.
In this case, Commissioner, we... this is a court order and...
Commissioner Plummer: I am not speaking to these people.
Mr. Odio: ...they are saying the ones that you have is fine, but you have to
add this to that,...
Commissioner Plummer: Excuse me. I am not speaking to these people.
Mr. Odio: ...and that's the problem.
Commissioner Plummer: I am asking the question...
Mr. Odio: In this case, we could not roil those lieutenants back.
Mr. Jones: Commissioner, let me just say something.
Commissioner Plummer: The ones that are there already? You got to offer to
me an offsetting factor.
Mr. Jones: Commissioner, let me point out something that is very important to
you. This particular order that has been referred to, and virtually has been
read into the record, presupposes - excuse me - presupposes that there is some
automatic right to promotion. That's one of the basis that we're attacking in
the appeal. There 1s no automatic right to promotion. There is nothing
definitive that you can actually say that these people would have been
promoted anyway. So that, you know, that factors into you whole equation of
the question you were asking, Commissioner.
Commissioner Plummer: And you feel comfortable to pursue?
Mr. Jones: Commissioner, as I indicated to you. We prevailed all the way up
until the second lawsuit which is a mirror image of what was filed before. I
feel that the initial brief that we filed in the Florida Supreme Court, I am
sorry, in the Third DCA (District Court of Appeals) appealing Judge Simon's
order that the Manager has made reference to. I think that our position is
very strong. I think that we have a very good chance of prevailing on the
merits.
Commissioner Plummer: I've got to turn to my two colleagues who are lawyers
and ask their opinion. Hey. I want your opinions.
Commissioner De Yurre: It 1s a business decision.
Vice Mayor Alonso: Mr. Mayor, I think they are calling you.
Commissioner Plummer: It's not a business decision because of regardless of
which way we decide, we can't afford it. Either way we can't afford it.
Mayor Suarez: If my esteemed wants to apportion fault I feel a little bit
like Commissioner Plummer, I mean Commissioner De Yurre, that, of course,
that's something that makes you want to go back... requires you to go back to
1984. Undoubtedly, the factual basis for the mistakes have been stated on the
156 May 14, 1992
record. It had to do with the assessment process. The City Attorney still
believes that we can support it. I've gone through all the stuff in this
case, so I think, more than any other case in the history of the City of =
Miami, at least in my tenure, I've gone through all the depositions, almost,
and most of ,the legal arguments, and like the City Attorney, I believe we
could probably prevail, but you've always got a chance... let's say you've go
a 10 or 15 or 20 percent chance of losing, and then having this bottleneck
created at the lieutenants level when, instead, you have an opportunity to -
resolve the matter. It is a tough, you know, quandary. I mean I am going to
have to go on the recommendation of the Administration. I've...
Vice Mayor Alonso: I was very supportive, but now I just...
Mayor Suarez: I've explored it as much as I would want to, to satisfy myself.
Vice Mayor Alonso: ...don't know anymore.
Mayor Suarez: If you want to we can delve further into it. I a... But
laying a fault, I don't know what good that does.
Commissioner De Yurre: Mr. Mayor, I am ready to make a motion.
Mayor Suarez: Yes.
Commissioner De Yurre: My motion would be to accept the recommended
settlement of this matter. Everybody is in favor of it. All the parties
involved concur on this settlement. The City Manager has advised that he has
the ability to pay this commitment, to come through with it. And, certainly,
the alternative is something totally out of what would be acceptable to us, as
far as meeting those parameters of economic ramifications that it would have.
So based on taking, again, the recommendation of the City Attorney.
Understanding the City Attorney's position I still have to look at it from a
business standpoint and follow the recommendation of the Administration, as
far as the settlement is concerned, and I so move.
Mayor Suarez: So moved. Do we have a second on that motion? Do we have a
second on the motion? Do you want to say any... Well let me second it for
purposes of discussion and maybe you want to say something, Ronald.
Ronald J. Cohen, Esq.: Ronald Cohen, 6565 Taft Street, on behalf of the FOP.
I just want to answer Commissioner Dawkins question before about does the FOP
favor. this settlement. The answer is yes. The FOP is in favor of the
settlement and each individual who is involved in this has signed a separate
settlement agreement, and a separate release. We believe it's just time for
this to cone to an end. It really is. And everybody on this side is in
agreement. What the City Manager said that there was good faith negotiations
on both sides, that's certainly true. A number of people on our side gave up
the right for the bar, and they've given up a lot, and we're in favor of the
settlement, the FOP, as an organization, and all the affected individuals,
and we would ask you to approve the settlement and let's move on.
Commissioner Plummer: Mr. Manager, you now have 43 lieutenants. Do you
presently have another register for lieutenants?
157 May 14, 1992
Mr. Odic: Well, that's a...
Commissioner Plummer: No, no, no, no.
Mr. Odio: Yes.
Commissioner Plummer: What are you going to do with that one?
Commissioner Dawkins: We're going to promote them.
Commissioner Plummer: Wait a minute now. Hold on. We're paying 15 percent
for people that aren't going to be lieutenants.
Mr. Odic: I don't know...
Commissioner Plummer: What are you going to do with the new register?
Mr. Odic: We have any vacancies now?
Lt. Joseph Longueira: Yes.
} Mr. Odic: How many?
Ms. Bellamy: Sixteen.
Lt. Longueira: Sixteen.
Mr. Odio: We had sixteen...
Commissioner Plummer: Why did you even create a new register?
Mr..Odio: Because we have in the...
Commissioner Plummer: You don't need it. Obviously you don't need it.
Mr. Odic: We have 56 lieutenants on the chart.
Commissioner Plummer: What?
Mr. Odic: We have in the organizational chart, we have 56 lieutenants.
Lt. Longueira: We are critically short on lieutenants.
Mr. Odic: And the Police Department keeps saying they are critically short.
Commissioner Plummer: You got lieutenants running out of your ears.
Mr. Odio: That's what I keep hearing. We delayed that lieutenant by the way.
Commissioner Plummer: And how many on this register?
Mr. Odic: Yeah. This is the second...
Commissioner Plummer: How many lieutenants have been promoted since 185?
158 May 14, 1992
Mr. Odio: Very few. How many... 8 or... since 185.
Commissioner Plummer: You've already created a new problem.
_- Mr. Odio: Yeah. We gave one test and then another one.
Commissioner Plummer: No. We don't have the money that's the problem. _
Vice Mayor Alonso: Mr. Manager,...
Mr. Odio: Yeah. We have had...
Vice Mayor Alonso: ...do we have the money?
Mr. Odio: To pay for this now?
Vice Mayor Alonso: To pay for this now and next year?
Commissioner Plummer: It's two hundred thousand dollars ($200,000.00) a year.
i Mr. Odio: It's two hundred thousand a year.
_3 =
= a Commissioner Plummer: From now on. This is just the down, this is the down —
_.` stroke.
- Mr. Odio: All right. Yeah.
Vice Mayor Alonso: Maybe a little bit more. _
-'' Mr. Odio: It's about two hundred thousand but... Again, Commissioner, let me =
tell you to reach to the point... this has been going on since I... the day I
became Manager the first problem somebody brought to me, he said, hey, this... _-
I've been struggling with this for 7 years. It's not easy.
j
.c
_z Commissioner Plummer: And plus you got the Gates. -_
;. Mr. Odio: Again I think it's strictly a business decision.
ViceMayorAlonso: The problem that we are facing is that for next year we
have a series of commitments, and I don't know where the money is going to
' come from.
Mr. Odio: This is part of well... the 4 percent we know and we have budgeted
and this is budgeted. So we have to... like I said...
t
Vice Mayor Alonso: You don't have any source of revenue that will increase
that we can say this money... this... it's going to increase the revenues of
the City,of Miami, we will be able to obtain the money to meet all of these
obligations, and we are adding... And I understand the settlement that you
r are trying.... .
Commissioner Plummer: We ain't got the money.
159 May 14, 1992
Vice Mayor Alonso:
this...
...to do, and what it means, and the good value that
Mr. Odio: At least...
Vice Mayor Alonso: ...settlement has. Then, in the other hand, were do you
get the money from?
Mr. Odio: Well.
Vice Mayor Alonso: For this...
Mr. Odio: Know I know.
Vice Mayor Alonso: ...and other obligations. Now, Mano Surana has to come
into action immediately. Maybe he has an answer for this.
Mr. Odio: No, but...
Vice Mayor Alonso: He does.
Mr. Odio: No. He doesn't. We as...
Vice Mayor Alonso: I don't believe we could live without him.
Mr. Odio: Let me just repeat this, Commissioner Alonso. The problem... this
at least is planned. You know you have a commitment, you plan for it, and you
know you are going to have it until... The other one is you wait around until
the court pulls the trigger and then all of a sudden you are going to pay more
than this in lump sums, plus you are going to have the same commitment.
Again, at least now we know what the rules are. It's a structured settlement.
The other way you wait until we win or lose.
Commissioner Plummer: Yeah. But, you know,...
Mr. Odio: And if you lose, how are you going to pay?
Commissioner Plummer: ...let me tell you what you are not saying. OK. And I
am not accusing you of not playing fair because I know you do. We might have
thought differently about a new union contract knowing if we had this expense
to bear. We didn't have this information at the time...
Mr. Odio: Let me... let, let, let...
Commissioner Plummer: ...the contract was negotiated.
Mr. Odio: ....me remind something.
Commissioner Plummer: OK.
Mr. Odio: That they gave up...
Commissioner Plummer: Something, Mr. Manager, look I am...
160 May 14, 1992
Mr. Odio: ...a 4 percent increase.
Commissioner Plummer: ...going to tell you very simple. Something has got to
give. OK. Something has got to give. We cannot continue to go as we're
going. You are going to have a damn tax rebellion 1n this town.
Commissioner Dawkins: A tax rebellion?
Commissioner Plummer: Yes, sir. Let me tell you... I feel sorry for the 3
of you that are running next year.
=
Vice Mayor Alonso: That's right.
Commissioner Plummer: That's... Let me tell you better be aware.
Commissioner Dawkins: That is so generous of you to feel that way about me.
-
God bless you.
`
Vice Mayor Alonso: We have a series of obligations and we don't have the
money to meet them. It's as simple as that. And that's my concern. If I
_
knew that we could get the money for this plus some other obligations that we
3
have said yes, we are going to came with the money. Where do we get the money
F
from? Do we increase taxes? We say solid waste, will you pay more fees? We
_ n
don't have anymore increases. Where do we get the money from? Do we have...
Do you have any idea? Any projection that gives you, as the City Manager, an
indication that we are going to be able to get the money from a particular
-
source. Do you have any idea at this time?
Mr. Odio: No. We will have in June. By the end of June we will have the
first indications from the County on the rolls, and see where we are. We know
that... and we've been doing some prebudgeting and that we have to cover the 4
-`;
percent increases and we have that covered. We are now into very serious
-;
pension negotiations. Very, very serious and I hope to bring that to a
conclusion, and if that is successful then...
4,
i
Commissioner Plummer: Are you speaking about the Gates?
=-
Mr. Odio: Yeah.
Vice Mayor Alonso: Yes. Also, Mr. Manager, the other problem is...
_
Mr. Odio: That's the only solution by the way.
Vice Mayor Alonso: ...the employees of the City of Miami have been helping us
and we have not hired the number of people that in fact we need to provide the
_
services requested by the citizens. But how long can we continue in this
-
situation that we are right now?
Mr. Odio: Well, I agree.
Vice Mayor Alonso: Could we do it next year and ask then again to sacrifice
again? Can we continue to provide the level of services as needed when we
don't have the money to pay for new employees?
- ` '
161 May 14, 1992
Mr. Odio: No. We, we...
Vice Mayor Alonso: I am very concerned with all of that.
Mr. Odio: No. We, we are not hiring and you know that we're not.
Vice Mayor Alonso: Do we have to make a decision today?
Mr. Odio: Yes. It's either that or go... because the appeals process is on
and we have to wait for the court.
Commissioner Plummer: Got to make a decision.
Vice Mayor Alonso: So it has to be today?
Mr. Odio: Yeah.
Commissioner Plummer: What we're doing 1n effect...
i
Vice Mayor Alonso: Because it would be a good idea to look at some numbers.
I
Commissioner Plummer: At a half a million dollars ($500,000.00) we are giving
up the equivalent of 25 new policemen. That's what we're giving up. We're
j giving up 25 new policemen. That's a half a million dollars.
Mr. Odio: Well, we, we... what Mano was pointing out is that...
Commissioner Plummer: Twenty-five you won't have.
Mr. Odio: ...we have a projection from the FOP side that 5 lieutenants... 5
sergeant involved here will retire next year. So you will immediately will
save their salaries, which is about two fifty. That will pay for the 15
percent of the others.
Vice Mayor Alonso: Yeah. But do you have to give them...
Mr. Odio: The ten thousand.
Vice Mayor Alonso: ...the ten thousand.
Mr. Odio: Yeah. But you would save all their salaries and, you know...
that's... would save the 15 percent you would have to pay those 5 plus their
salaries.
Vice Mayor Alonso:' I don't think... I don't see the savings really.
Mr. Odio: Yeah. Well if I...
Commissioner Plummer: It's not.
Vice Mayor Alonso: I mean it looks very attractive when you mention it, but
then when you analyze.
Mr. Odio:. Five people is three hundred thousand dollars ($500,000.00).
162 May 14, 1992
Vice Mayor Alonso: Yeah. But not really. We're not saving that. And in the
other hand is this fair for the people involved? I really think so.
Commissioner Plummer: Well, let me tell you how I feel. Everybody else has
expressed themselves. I am going to vote for it. OK. I don't want to vote
for it but I am telling you, as far as I am concerned, Mr. Manager, I am going
to tell you right now. One more time. Come budget time, whatever this
amounts to has got to come out of the police budget. It's going to be reduced
by that much. I am going to tell you one more time, Mr. Manager, as I've said
to you many, many times before, we disagree but this years it's going to be
final. If I don't find more CIS (Community Involvement Specialist) or PSAs,
whatever you want to call them... `
i (INAUDIBLE COMMENT)
Commissioner Plummer: No, no, no. I want you on record right now. I am not
under any circumstances voting for budget this year. As long as we are
continuing...
Commissioner Dawkins: That the total budget? That the total budget?
Commissioner Plummer: As long as we are continuing to use fifty-five thousand —
i dollar ($55,000.00) personnel to write reports that can fully be written by =_
seventeen thousand dollars ($17,000.00), 1 am not longer going to allow that
kind of business to be conducted. There is where my budget is.
Commissioner Dawkins: Is that the total budget or just the police budget?
Commissioner Plummer: I'll make that decision.
Vice Mayor Alonso: Now. Question. Is this realistic what Commissioner
Plummer...
Commissioner Dawkins: You don't have but one vote. I was going to vote with
you, but I am going to vote against you nci4. I was going to vote with you.
Vice Mayor Alonso: ...is saying. That this has to come out of the police
budget. Let say we say for purposes, yes, and we get people to approve it up =
here. How do we provide the services? That is not even possible. Well,
{ let's put it this way. If we vote for this, it's your job to find the money.
= Mr. Odio: Yeah, it's been like that. And, you know, Commissioner, I can go
back for 7 years and every issue that has come up here was not of our doing,
=y{ yours or mine. And we have had to pay for it heavily, heavily. Again I
struggled with this one over, and over for a long, long time and I don't like
°Y to play Russian Roulette, and I don't think I should put the City in that
position.
Vice Mayor Alonso: Especially with our record.
Commissioner Plummer: Any time you go to court you are playing Russian
Roulette, in this town.
163 May 14, 1992
Mr. Odio: I would rather have a structured settlement and know what we have
to pay for, than play Russian Roulette.
Commissioner Plummer: Mr. Manager, any time you go to court in this town you
are playing Russian Roulette. A man jumps off the damn Peoplemover committing
suicide and it's going to cost us, how much?
Mr. Odio: Three hundred thousand.
Commissioner Plummer: Huh? I mean because we didn't tie him down tight
enough at Jackson Hospital. Incredible(
Vice Mayor Alonso: I hate to be put in a situation like this.
Mr. Odio: I do need to say this, and with respect to the City attorneys, I
always feel comfortable working with them. It's not that I don't trust their
capacity to go ahead with the appeal, it's that my business sense tells me
this isn't the way to go.
Vice Mayor Alonso: You know, this is a very difficult vote. We have the City
Attorney saying one thing. We have the Administration going to the extreme
and saying the opposite. I the same time we believe that is fair to the
people involved, and they deserve compensation and, also, we know we don't
have the money. What do we do?
Mr. Odio: If we didn't have...
Vice Mayor Alonso: You have to be a magician. Better than Mano Surana.
Mr. Odio: If I had not seen the court order, in other words, if this was
something that we were still in process of litigation I would say wait it out.
But I have a court order. That is a judge already said the City is going to
do this and that's what scares me.
Commissioner Plummer: Yeah, but that's not... If I am not mistaken, from what
I've heard here, that's one out of six trials? One out of five trials we
lost.
Mr. Odio: But this one 1s telling us you are going to do this.
Commissioner Dawkins: But the other five say I won.
Commissioner Plummer: That's right.
Commissioner Dawkins: Well, come on.
`j Mr. Odio: Yeah, but this 1s the final order.
Commissioner Dawkins: I mean let's don't play semantics, I mean.
Mr. Odio: This is the final order.
Commissioner Plummer: Call the roll.
164 May 14, 1992
k: .
n-�
Commissioner Dawkins: Call the roll.
Commissioner Plummer: Hey.
Mr. Jones: You had a motion that was not seconded.
Commissioner Plummer: I made the motion.
Mayor Suarez: Mr. Gonzalez-Goenaga, sir, have a seat.
Mr. Manuel Gonzalez-Goenaga: I cannot opine on this issue?
Mayor Suarez: No, sir, this is an internal discussion of the Commission. You
have been told the public hearings begin at four o'clock.
Commissioner Plummer: Who, you made the motion?
Vice Mayor Alonso: He made the motion?
Ms. Hirai: Commissioner De Yurre made the motion...
Vice Mayor Alonso: Oh, because Commissioner Plummer said he...
Ms. Hirai: ...yes, and the Mayor seconded it...
Vice Mayor Alonso: Yeah, so.
Ms. Hirai: ,..for purpose of discussion.
Vice Mayor Alonso: Yeah. So call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-311
:i A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A SETTLEMENT AGREEMENT WITH THE FRATERNAL ORDER
OF POLICE, LODGE NO. 20 RELATIVE TO THE 1964-1965
.'f POLICE LIEUTENANT'S CIVIL SERVICE EXAMINATION AT AN
ESTIMATED COST OF $471,750.00 WITH FUNDS THEREFOR
BEING ALLOCATED FROM CLAIMS PAYABLE ACCOUNTS OF THE
SELF-INSURANCE TRUST FUND.
�s (Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
-
-` Upon being seconded by Mayor Suarez, the resolution was passed and
r=s adopted by the following vote:
165 May 14, 1992
a
- - _
11
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Vice Mayor Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: With great regrets I vote yes.
Commissioner Dawkins: I agree with the City Attorney.
it but the FOP is satisfied...
I think we could win
Commissioner De Yurre: With no further editorializing I vote yes.
Vice Mayor Alonso: Yes, and since it's easier for me to vote at the end I
know it has been approved, and in my heart I think it's appropriate, in the
other hand, I know we don't have the money and will have to vote no.
39. ACCEPT BIDS: (a) MCO ENVIRONMENTAL, INC., (b) SAL'S ABATEMENT
CORPORATION, (c) CONSOLIDATED TECHNIQUES, (d) WAYNE BLACKWELL AND
COMPANY, AND (e) CBG ENVIRONMENTAL, INC. -- FOR FURNISHING ASBESTOS
ABATEMENT SERVICES (Department of Planning, Building and Zoning).
------------------------------------------------------------------------------
Mayor Suarez: Item 25. Accepting bids of MCO Environmental, Inc. Sal's
Abatement, et cetera.
Commissioner Plummer: I got enough to read.
Commissioner Dawkins: Mr. Mayor, I would like to change this to a one year
contract.
Mayor Suarez: So revised and moved.
Commissioner Dawkins: Without extending it for another year and go back out
and bid for another year.
Mayor Suarez: .So moved with the revision.
Commissioner Plummer: Let me ask this question. This is on asbestos?
+ Commissioner Dawkins: Yeah. Asbestos. Yeah, J. L.
Ms. Judy Carter Yes, 25, yes.
' Commissioner Plummer: Question. Before we back into another problem. Is
_}< this solely asbestos, or is this a general contractor who has... you know,
learn by our mistakes.
166 May 14, 1992
:�s
Ms. Carter: Yes, sir, we certainly do, and this is only asbestos.
Commissioner Plummer: OK, but none of this work that is going to be done by
this company, in any way, is going to be needing a general contractor?
Ms. Carter: No, sir. Not with regard to their responsibilities. The
companion item, item 26, basically goes with that, and that is the demolition
part of it, and that is where the GC (general contractor) or the contractor
comes in and demolishes the building.
Commissioner Plummer: OK. I'll move it.
Mayor Suarez: So moved.
Ms. Carter: Oh, I am sorry, sir, we need to make a correction on the name.
Instead of GBC it should be CBG.
Mayor Suarez: CBG. All right. Commissioner Dawkins had moved it with a
modification so you really seconding it, Commissioner Plummer. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
' moved its adoption:
RESOLUTION NO. 92-312
A RESOLUTION ACCEPTING THE BIDS OF MCO ENVIRONMENTAL,
INC., SAL'S ABATEMENT CORPORATION, CONSOLIDATED
TECHNIQUES, WAYNE BLACKWELL b COMPANY AND COG
ENVIRONMENTAL, INC., THE LOWEST RESPONSIBLE AND
RESPONSIVE BIDDERS IN THE AGGREGATE (WHILE THE AWARD
WILL BE TO MULTIPLE BIDDERS TO ASSURE AVAILABILITY,
THE LOWEST BIDDER IN THE GROUP WILL BE GIVEN THE FIRST
OPPORTUNITY TO PERFORM UNDER THE TERMS AND CONDITIONS
-, OF THE CONTRACT) FOR FURNISHING ASBESTOS ABATEMENT
_ SERVICES ON A CONTRACT BASIS FOR A PERIOD OF ONE (1)
YEAR TO THE DEPARTMENT OF PLANNING, BUILDING AND
-.� ZONING AT AN ESTIMATED COST OF $150,000.00; DIRECTING
SAID DEPARTMENT TO ISSUE A REQUEST FOR PROPOSALS FOR
r THE PERFORMANCE OF SAID SERVICES AT THE END OF THE
INITIAL CONTRACT YEAR; ALLOCATING FUNDS THEREFOR FROM
THE COMMUNITY DEVELOPMENT FUND NO. 799206, ACCOUNT
CODE NO. 455017-340; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS 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:
f
167 May 14, 1992
s
'.7
11
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
40. (Continued Discussion) AUTHORIZE PURCHASE OF APPROXIMATELY 200
PROTECTIVE CLOTHING ENSEMBLES FROM GLOBE FIREFIGHTERS SUITS (UNDER
EXISTING BROWARD COUNTY BID NO. M-08-91-20-12) -- ALLOCATE FUNDS (See
label 36).
------------------------------------------------------------------------------
Ms. Carter: Yes, sir, if I might go back to the previous two items with
regard to the suits...
Vice Mayor Alonso: Twenty-two, twenty-three.
Ms. Carter: Yes, ma'am, - as well as the tractor.
Mayor Suarez: OK. You've got...
Ms. Carter: With regard to the firefighter suits, there is no local
distributor. We have checked that information thoroughly...
Vice Mayor Alonso: OK.
Ms. Carter: ...and I am... I know there is not one.
Vice Mayor Alonso: So move.
Mayor Suarez: All right. Minority procurement folks are out there making
sure that they alert the general world, the Miami Dade Chamber, the Latin
Chamber...
Ms. Carter: Absolutely.
Mayor Suarez: ...et cetera, that all they have to do is... I don't want to
specify how to do it, but probably set up a shop in Miami as a distributor of
these kinds of things, and be in a position to bid.
Ms. Carter: Sure we do need more of our minority vendors to be involved in
the specialized items which I've shared with you as one of our areas...
Mayor Suarez: Sam, you going to spread the word out there with MLK (Martin
Luther King)?
Ms. Carter: ..that we are not in.
168 May 14, 1992
Commissioner Plummer: Can I ask a question on 25?
Mayor Suarez: These are highly technical products. I sorry to interrupt,
Commissioner, but the distributor can tie up, connect up with a major
wholesale distributor, and then, you know, be generating some of the profit
for themselves. And we've got this recurring time and time again. As to
items that we need on a yearly basis they can predict, almost in advance, how
much we're going to be buying 1n the next few years, for Fire Department,
Police Department, et cetera. I am sorry, Commissioner.
Commissioner Plummer: Can you tell me in item 25 and 26 what is going to be
torn down?
Mr. Hector Lima: My name 1s Hector Lima, I am with Planning, Building &
Zoning. These properties are the ones that are deemed unsafe by the Unsafe
Structures Board of Dade County.
Commissioner Plummer: And are we going to recoup our money?
Mr. Lima: Yes. We place liens on the properties and then the liens were sold
and the monies are brought back to the same fund.
Commissioner Plummer: On both of these items?
Mr. Lima: Yes, sir.
Commissioner Plummer: OK. Thank you.
Ms. Carter: I don't know if we did get the motions for the other two items.
Vice Mayor Alonso: Twenty-three. Do we have a...
Ms. Carter: That was tabled we didn't act upon that, with regard to the
suits.
Vice Mayor Alonso: No, no. Excuse me, 23. Do we have a local vendor for
this?
Ms. Carter: No, ma'am, we do not.
Vice Mayor Alonso: We do not. OK. Can we pass them together. Twenty-two,
twenty-three, I so move.
Ms. Carter: Thank you.
Commissioner Dawkins: Second. Got to do them one at a time, right, Madam
Clerk. OK. I second 22.
Ms. Hirai: Twenty-two. Cali the roll.
Mayor Suarez: Thank you. All right. Thank you.
Ms. Hirai: Motion and second.
a
f
'P
e e
Mayor Suarez: Moved and seconded. Item 22, call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
_i RESOLUTION NO. 92-313 T
A RESOLUTION AUTHORIZING THE PURCHASE OF APPROXIMATELY
200 PROTECTIVE CLOTHING ENSEMBLES FROM GLOBE _
FIREFIGHTERS SUITS UNDER EXISTING BROWARD COUNTY BID
NO. M-08-91-20-12 AT THE PROPOSED TOTAL AMOUNT OF
$109,180.00; ALLOCATING FUNDS THEREFOR FROM THE 1991-
92 OPERATING BUDGET ACCOUNT CODE NO. 280601-075;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS —
ACQUISITION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Is this on 26?
Vice Mayor Alonso: No that's 22.
Commissioner Plummer: Twenty-two?
Ms. Hirai: Twenty-two, sir.'
Commissioner Plummer: What happened to our...
Vice Mayor Alonso: We went back to resolve the problem of 22, 23 that we had
taken those items before.
i Commissioner Plummer: Oh, OK. All right. Yes.
170 May 14, 1992
t
'.f
E
41. (Continued Discussion) AMEND RESOLUTION 92-227 -- CORRECT SCRIVENER'S
ERROR TO REFLECT CORRECT PURCHASE PRICE ($283,030) FOR TWO VACTOR 15-
CUBIC YARD COMBINATION HIGH PRESSURE JET AND VACUUM SEWER CLEANERS
(UNDER CITY OF NORTH MIAMI BEACH BID 91-17) FROM PEABODY MYERS
CORPORATION -- ALLOCATE FUNDS FROM CIP 352275 (Department of General
Services Administration and Solid Waste, Fleet Management Division) (See
label 37).
------------------------------------------------------------------------------
Mayor Suarez: Item 23.
Vice Mayor Alonso: I move.
Mayor Suarez: Moved.
Commissioner Plummer: Are we sure there is no local vendor on 23.
Vice Mayor Alonso: That's what they said.
Ms. Carter: Yes, sir. Yes, sir. I stand confident.
Mayor Suarez: I heard a partial second by Commissioner Dawkins I...
Commissioner Plummer: That's fine.
Commissioner Dawkins: Sec...
Mayor Suarez: Is that a second?
Commissioner Dawkins: Yes.
Mayor Suarez: Call the roll on 23.
171
May 14, 1992
11
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-314
A RESOLUTION AMENDING RESOLUTION NO. 92-227, ADOPTED
APRIL 2, 1992, TO CORRECT A SCRIVENER'S ERROR TO
REFLECT THE CORRECT PURCHASE PRICE OF $283,030.00 FOR
TWO (2) VACTOR 15-CUBIC YARD COMBINATION HIGH PRESSURE
JET AND VACUUM SEWER CLEANERS UNDER CITY OF NORTH
MIAMI BEACH BID NO. 91-17 FROM PEABODY MYERS
CORPORATION 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.
(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 Be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
42. ACCEPT BIDS: (a) J.R. BUILDERS, INC., (b) SHARK WRECKING, (c) MIGUEL
RODRIGUEZ, (d) ALPHA CONSTRUCTION GROUP, AND (e) LEADEX CORPORATION --
FOR FURNISHING DEMOLITION SERVICES ON A CONTRACT BASIS (Department of
Planning, Building and Zoning).
------------------------------------------------------------------------------
Mayor Suarez: Item 26. J. R. Builders...
Commissioner Dawkins: I am going to move it with the same...
Mayor Suarez: ...et cetera.
Commissioner Dawkins: ...provisions that that's just a one year and you have
to back out at the end of the year.
Vice Mayor Alonso: Second.
Mayor Suarez: So moved with a modified...
172 May 14, 1992
a
Commissioner Plummer: Wait, wait, wait...
Mayor Suarez: ...as to the term of one year.
Commissioner Plummer: Excuse me. How many companies are you doing this with?
Hello?
Ms. Carter: Four or five.
Mr. Odio: We're counting.
Commissioner Plummer: Why? Why five?
Mr. Hector Lima: We have various different types of structures in the bid
price. The lowest was based on the type of construction.
Commissioner Plummer: Well, the reason I am asking the question. You have
one, two, three of these companies that are in the City and two out of the
City. Why do we want the ones out of the City. Hello?
Mr. Lima: Sir, you talking about item 26?
Commissioner Plummer: I am talking about item 26. Yes, sir.
Mr. Lima: These were the lowest bidders of the whole thing.
Commissioner Plummer: Sir, why do we need five, including two out of the
City? Are three not enough and all three in the City?
Mr. Lima: Sir, I explained. There is five different types of demolitions,
and the lowest price on each one of them has been awarded to each different
company.
Commissioner Dawkins: All right. J. L., let's just move that you drop the
two out of the County and only use those within the City, and I'll second it.
Commissioner Plummer: He's saying you can't...
Commissioner Dawkins: All right throw it back out ... oh, well, let me see...
You know, you keep telling me over and over you can't tell me there's not a
black firm out there who can push a house down, get a bulldozer, pick it up
and haul it off. You can't tell me that.
Mr. Odio: Commissioner Dawkins, I held this item up for over 6 months. And
Mr. Bailey came to me about two weeks ago and asked me to put it on the agenda
because we have nobody to demolish houses now, and we have pending a lot of
demolition. That's the only reason I placed it because I asked the same
question.
Commissioner Dawkins: And, Mr. Manager, for two hundred and fifty thousand
dollars ($250,000.00) I ought to be able to have a woman vendor for fifty
thousand, and a black vendor for fifty thousand dollars ($50,000.00), out of
two hundred and fifty.
Mr. Herb Bailey: Commissioner.
Commissioner Dawkins: And I don't care, What special... and what is it
specialized needed about pushing a building down and hauling it away?
Mr. Bailey: When you go out for competitive bid, Commissioner, sometime you
have the minority vendor, or the black vendor, because their costs are
substantially higher, in terms of their equipment and labor, they just don't
compete. You might have to do away with competitive bidding if you want to
make sure you get that kind of vendor.
Commissioner Dawkins: Well, I have no problem with that.
Mr. Bailey: We really have a problem.
Commissioner Dawkins: I have no problem with doing away with competitive
bidding. Maybe the State of Florida does, Mr. Bailey, but I don't.
Mr. Bailey: All right. I understand.
Commissioner Dawkins: OK. Thank you, sir.
Mr. Bailey: But we have a serious problem and I think I've made everyone
aware of it. We're getting cited now, and we have some very dangerous
properties that we have to take down.
Commissioner Dawkins: But you see I understand, Mr. Bailey, and I sympathize
with what you're telling me. You and I have been through this, but in a year.
I mean, you can go out there and start a damn company with a woman and a
black, and let them start a company. And if we had a company that we started,
and we premised them fifty thousand dollars ($50,000.00), somebody would lease
them the equipment. See, Mr. Bailey, this has to do with... not with you... I
go through this all the time. All right. That's why'I say for one year, and
at the end of the year, if they don't find anybody, get cited every day. It's
all right with me.
Mayor Suarez: All right. So with the modification of one year we have a
motion of 26.
f
Vice Mayor Alonso: Second.
F
f Mayor Suarez: Second. Any discussion. If not, please call the roll.
174 May 14, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-315
A RESOLUTION ACCEPTING THE BIDS OF J. R. BUILDERS,
INC., SHARK WRECKING, MIGUEL RODRIGUEZ, ALPHA
CONSTRUCTION GROUP AND LEADEX CORPORATION FOR
FURNISHING DEMOLITION SERVICES ON A CONTRACT BASIS FOR
A PERIOD OF ONE (1) YEAR TO THE DEPARTMENT OF
PLANNING, BUILDING AND ZONING AT AN ESTIMATED COST OF
$250,000.00; ALLOCATING FUNDS THEREFOR FROM THE
COMMUNITY DEVELOPMENT FUND NO. 799206, ACCOUNT CODE
NO. 455017,-340; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THIS SERVICE, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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.
43. (A) AUTHORIZE RENTAL OF ADDITIONAL VEHICLES FROM ROYAL RENT -A -
CAR (Police Department).
(B) DISCUSSION CONCERNING THE FORFEITURE FUND DETAIL.
Mayor Suarez: Item 27.
Commissioner Dawkins: Move it.
Commissioner Plummer: All right. Excuse me. I have nothing in the backup on
27 that it went out to bidding.
Vice Mayor Alonso: I have some questions too. This was a previous...
Ms. Judy Carter: Yes, sir, they did. This is an existing bid that the City
Commission awarded not long ago, and in this instance there is a need to
Increase the amount of dollars that was awarded to that particular contract.
175 May 14, 1992
Commissioner Plummer: On the Disney World cars?
Ms. Carter: Well.
Commissioner Plummer: No. Why is there a need for additional monies?
Lt. Joseph Longueira: Commissioner, when the original item was bid it was bid ;=
for, I believe, 56 cars. OK. Those cars did not include cars that were in
other programs. Grants that we have received, special robbery task force.
The two grants that you approved earlier today, each one of those had a car in
them. Those were not part of the original bid. They were all separate
programs that are funded at different times of the year, and that's why we
need to increase it by that many vehicles. We've had these vehicles all
along. We're not increasing them now.
Vice Mayor Alonso: But don't you think that if we had included all of them we
would have saved in the total price? It's not the same that you come to a R
company, and you say, I am renting a hundred cars, as if you get forty. Could
we have saved... -
Lt. Longueira: I don't think... ---
Vice Mayor Alonso: ... more money?
Lt. Longueira: From 56 plus 23 more, I don't think it would have been that
much of a difference,...
Vice Mayor Alonso: When we counted...
Lt. Longueira: ...but I am not the one bidding.
Vice Mayor Alonso: Excuse me. Let me ask you another question. When we
count the number of cars that are rented,... _
Lt. Longueira: Yes.
Vice Mayor Alonso: ...how do we figure this out? Because sometimes it's only
for one day, or couple of days, because I suppose you people change cars
constantly. Is that right?
Lt. Longueira: Right.
Vice Mayor Alonso: The way that we add the number of cars wouldn't make a
difference?
Lt. Longueira: Well, in essence what you are doing is you are approving a
maximum number. There are times were the number is not that high, OK, but you
are approving a maximum number. So the bid may not... let's say it's four
hundred thousand dollars ($400,000.00) for 59 cars, for a year. We may only
use 56 cars and 1t will only be three hundred and something thousand, but we
need that ability to go out and get all 59 if we need them.
176 May 14, 1992
Vice Mayor Alonso: I understand that but somehow it seems to me that the way
that we are doing it, we are wasting money. If we were to include all of
them, we can get better prices. How much it costs per car, approximately?
Commissioner Plummer: How many cars does this involve?
Vice Mayor Alonso: Five hundred and some?
Ms. Carter: It's about five hundred and some odd dollars per month.
Commissioner Plummer: How many cars are involved?
Ms. Carter: And the cars, of course, vary.
Vice Mayor Alonso: Five fifty-six or so, that's a lot of money.
Commissioner Plummer: How many cars are...
Lt. Longueira: This particular item is 23 additional cars.
Commissioner Dawkins: OK. Joe, down here you said... Now you just said that
you did not know you needed these vehicles until we passed the two items
previously. Is that right?
Lt. Longueira: No. What I am saying is we've gotten... all of these car are
under different grants, different funding sources, OK, and the two items
previously, that was a second year funding of those items.
Commissioner Plummer: In two years you own the cars.
Lt. Longueira: That was not the first year on those. What I am saying is, to
give you an idea, 5 of the cars we're adding are funded through Customs, on
different projects that we do with them. And at the current time there are 5,
it may be that a little while ago it was 3.
Commissioner Dawkins: So the other 17, what? Five from 23 leaves 17. Other
17 what?
Lt. Longueira: Three are with the robbery task force. It's right in item 27,
in that main paragraph on the front page. Three are in robbery task force.
One is in the youth and drug prevention soccer league. It's a van.
Commissioner Plummer: Why do you need a brand new rental car in that kind of
a set up?
Commissioner Dawkins: Because you got the money.
Mr. Longueira: Commissioner, that's the way we funded the vehicle in the
program. If you would rather, give us the money in the general fund, and
we'll fund it out of there.
Vice Mayor Alonso: Is it better for us to go to the same company, or if we
were to go to a different company, will be less expensive. Because it seams
to me that five fifty-six, or approximately that amount, it's high. Isn`t it?
177 May 14, 1992
Ms. Carter: Well, no. Because for the first time this City has the coverage
being provided by the vendor, the insurance coverage, and not the City. This
is the first time that we have had a bid like that. In previous years, the -
vendor opted not to do that. As a result we had the liability. So, in
effect, we are talking about, I think, a premier contract, to the extent that
now we can be assured that we have coverage that is provided by that vendor,
and not by us. _
_ a_
Mr. Longueira: And this is a different vendor than we've had in the past.
Commissioner Plummer: You know, that's all nice. You know, and it sounds
good on the record, OK. But let me tell you something. I've yet to hear
somebody justify the need, the need for these vehicles. I sat up in Jackson
Hospital, over the weekend, and I looked at a sea of automobiles sitting in
that lot. I mean automobiles upon automobiles upon automobiles that are just
= sitting in a lot. OK. I am looking at over a 100 automobiles. I am looking —
at over 70 new cars that have already been wrecked.
Lt. Longueira: Right. Those are all marked cars. Most of them are marked
cars that are coming in and going out.
Commissioner Plummer: So make them unmarked cars! You're spending my tax
dollars.
Lt. Longueira: Not in this particular item, sir.
Commissioner Plummer: The hell you're not. Where did you get the money from,
a grant? Federal money any different color than my money?
Lt. Longueira: This is drug money we confiscated, sir.
Commissioner Plummer: Yeah, and look at the next item.
Lt. Longueira: In most cases it's drug money we confiscated.
Commissioner Plummer: Look at the next... Joe, look, you know, I hate to
argue with you because you not even a taxpayer in the City, OK.
Lt. Longueira: OK.
Commissioner Plummer: And I am.
Lt. Longueira: But I do a good job when I come to work.
Commissioner Plummer: That's fine and I congratulate you and I will agree
that you do. OK. But, damn it, something has got to give. We can't
continue. This is getting crazy. Salaries are going up. Cost of merchandise
is going up. And revenues are going down. Now in the private sector that
spell one thing to me. That's called disaster.
Lt. Longueira: Commissioner, in the past, the general fund used to pay over
three hundred thousand dollars ($300,000.00) in rental cars. Today it pays
none.
178 May 14, 1992
Mayor Suarez: We've managed to figure out a way to do it with...
Commissioner Plummer: Joe, for in the past every year...
Mayor Suarez: ...other agencies.
Commissioner Plummer: ...you are now up to ninety million dollars
($90,000,000.00) in the Police Department. That's ninety in the budget. That
doesn't include the other capital improvements that you are doing. This City
can't afford it. Now somebody better realize that. I am... you know... why
am I crying in the...
Mayor Suarez: In the wilderness.
Commissioner Plummer: Somebody better be concerned. I am telling you.
Mayor Suarez: All right. The Administration is recommending this, it's
not...
Vice Mayor Alonso: Yes, they are and...
Commissioner Plummer: Well I got to ask the next question. Where the
other... the next item. Where's that two hundred and sixty-five thousand
going?
Vice Mayor Alonso: But let's finish with item and then we'll move to the next
one.
Commissioner Plummer: Not Nol I want to know where that's going.
Lt. Longueira: I'll explain.
Commissioner Plummer: Where's the next two hundred and forty-six thousand
five hundred going?
Lt. Longueira: Yes, sir.
Commissioner Plummer: Where?
Commissioner Dawkins: Forfeiture Fund.
Commissioner Plummer: Where's it going?
Lt. Longueira: You want an answer now, sir?
Commissioner Plummer: Yeah.
Mayor Suarez: Might as well. As long as the Commissioner is inquiring.
Lt. Longueira: OK. The forfeiture law that created the right to forfeit
money, and confiscate it...
Commissioner Plummer: Yeah.
179 May 14, 1992
Lt. Longueira: ...and use it...
- Commissioner Plummer: Yup.
- Lt. Longueira: ...part of the monies that are acceptable is to pay for
=
salaries and expenses, to process the money, to keep track of equipment, to
file liens on property. To do all the things to confiscate it. It's two
hundred and something thousand. We pay for 5 employees' salaries plus
expenses, with this money. You want it to come out of general fund again...
Commissioner Plummer: There was not to be any expenses out of this fund,
until we saw all of where the rest of the monies went. You told me that
that's going to be next week.
Mr. Odio: Commissioner, let...
Commissioner Plummer: I am still waiting.
Mr. Odio: On one hand we are bombarded because we don't have a forfeiture
squad to go after money. You came here one day and you told me, that Jack
Eads knows what he's doing. He raises so many dollars in forfeiture fund.
_ Commissioner Plummer: And he's done it.
Mr. Odio: And this is what we're trying to do.
Commissioner Plummer: That's fine.
Mr. Odio: And then we get hit by that.
Commissioner Plummer: Tell me where it's going.
Mr. Odio: This is to pay for the people that are going to bring you
forfeiture funds, Commissioner.
Commissioner Dawkins: Well wasn't that... isn't that...
Vice Mayor Alonso: OK. I will move 27.
Commissioner Dawkins: ...Isn't that what we did with the tracking money this
morning?
Commissioner Plummer: That's right.
Lt. Longueira: No, sir. That...
Mr. Odio: No, sir.
Lt. Longueira: That's for the investigative side. This particular item 28,
that two hundred and some thousand dollars, is an item that has come to the
Commission...
Commissioner Plumper: It's getting to be a joke.
180 May 14, 1992
Lt. Longueira: ...every year since the inception of this program. Since the
beginning of forfeiture law and doing that this cost has come to the
Commission and been approved every year. You are getting the ability to pay 5
employees salaries, to do this work for you, instead of the general fund.
Commissioner Plummer: Is it civilians or police officers?
Lt. Longueira: They are, I believe,...
Commissioner Dawkins: Police officers.
Lt. Longueira: ...all civilians.
Vice Mayor Alonso: OK. Let's...
Commissioner Plummer: On the... Wait a minute. On the record I've asked a
question. Is it police officers or civilians?
Lt. Longueira: One second, sir. OK. Two property specialists, one account
clerk, one typist clerk and a civilian investigative analyst.
Vice Mayor Alonso: OK. I move 27.
Commissioner Dawkins: Second.
Mayor Suarez: Call the roll please.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-316
A RESOLUTION AUTHORIZING THE RENTAL OF TWENTY-THREE
(23) ADDITIONAL VEHICLES FROM ROYAL RENT -A -CAR, IN AN
AMOUNT NOT TO EXCEED $151,248, FOR USE BY THE POLICE
DEPARTMENT SUBJECT TO APPLICABLE CITY CODE PROCUREMENT
PROVISIONS, WITH FUNDING FOR SAID VEHICLE RENTALS
HAVING BEEN ALLOCATED PREVIOUSLY BY RESOLUTION NUMBERS
90-597, 91-224, 89-599, 89-714, AND ORDINANCE NUMBERS
10912, 10913, AND 10923 FROM ACCOUNT CODES AS
DESIGNATED HEREIN.
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: *Commissioner Victor De Yurre
181 May 14, 1992
* Note for the record: Although absent during roll call, Commissioner Victor
De Yurre requested of the Clerk to show him voting yes on the motion.
------------------------------------------------------------------------------
44. DEFER CONSIDERATION OF PROPOSED RESOLUTION TO AMEND 86-665 TO ALLOCATE
$246,500 FROM LAW ENFORCEMENT TRUST FUND TO CONTINUE ACTIVITIES OF
FORFEITURE FUND DETAIL. _-
------------------------------------------------------------------------------
Mayor Suarez: Item 28 on the Law Enforcement Trust Fund operational monies...
Commissioner Plummer: I would ask that move to be deferred until we've seen
what the monies have been spent for 1n the past.
Commissioner Dawkins: Second.
Mayor Suarez: OK. So moved and seconded. When are we going to get that
report, I guess, Joe,...
Commissioner Plummer: He said next week.
Mayor Suarez: ...we can try to do that on the 28th, right.
Commissioner Plummer: Next couple of weeks.
Lt. Joseph Longueira: We'll have it next week for him for sure.
Mayor Suarez: All right. Moved and seconded. Call the roll on the deferral.
THEREUPON, the City Commission on motion duly
made by Commissioner Plummer and seconded by
Commissioner Dawkins, deferred consideration of
the above matter by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: *Commissioner Victor De Yurre
* Note for the record: Although absent during roll call, Commissioner Victor
De Yurre requested of the Clerk to show him voting yes on the motion.
182 May 14, 1992
45. ACCEPT BID: U.S. UNDERGROUND, INC. (TOTAL BID) -- FOR LOCAL DRAINAGE
PROJECT E-69 (B-5593) -- ALLOCATE $277,783.85 (CIP 352275) -- EXECUTE —
CONTRACT.
Mayor Suarez: We are going to get to the public hearing section which was
scheduled for 4:00 p.m. very shortly. We are very close to there, Mr.
Gonzalez-Goenaga, I know you are getting restless. Twenty-nine. Bid of U.S.
Underground, Inc. Proposed amount not to exceed two hundred and nineteen
thousand. Local drainage project E-69 et cetera. I'll entertain a motion.
Vice Mayor Alonso: Yeah, I move it. Local vendor, Hispanic.
Mayor Suarez: So moved.
Mayor Suarez: Item 29.
Vice Mayor Alonso: Twenty-nine.
Commissioner Dawkins: Twenty-nine.
Mayor Suarez: Local drainage project bid.
Vice Mayor Alonso: Local vendors.
Mayor Suarez: Second. Call the roll on 29.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-317
A RESOLUTION ACCEPTING THE BID OF U.S. UNDERGROUND,
INC., IN THE PROPOSED AMOUNT NOT TO EXCEED
$219,406.00, TOTAL BID OF THE PROPOSAL, FOR LOCAL
DRAINAGE PROJECT E-69 B-5593; WITH MONIES THEREFOR
ALLOCATED FROM THE FISCAL YEAR 1991-92 CAPITAL
IMPROVEMENT ORDINANCE NO. 10938, PROJECT NO. 3522759
IN THE AMOUNT OF $219,406.00 TO COVER THE CONTRACT
COST AND $58,377.85 TO COVER THE ESTIMATED EXPENSES,
FOR AN ESTIMATED TOTAL COST OF $277,783.85; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
183 May 14, 1992
AYES: Commissioner Miller J. Dawkins _
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso �-
Mayor Xavier L. Suarez =
NOES: None. _
ABSENT: *Commissioner Victor De Yurre
* Note for the record: Although absent during roll call, Commissioner Victor
De Yurre requested of the Clerk to show him voting yes on the motion.
46. ACCEPT BID: SERVICE STATION AID, INC. -- FOR ABOVE -GROUND TANK
INSTALLATIONS B-5579-X -- ALLOCATE FUNDS (CIP 311009) -- EXECUTE
CONTRACT.
------------------------------------------------------------------------------
Mayor Suarez: Item 30. Accepting the bid of Slatter. Dade County
nonminority above ground tank installations et cetera. Are you in support of
that or protest, or...
Mr. James D. Nash: Mayor, my name is Jim Nash with Service Station Aid, Inc.,
we are a Miami contractor, City of Miami. Slatter Corporation is not a Dade
County contractor.
Mayor Suarez: OK. We should have given a preference of, what, 10 percent to
the local one. Was there such a local one and did they get a preference, and
if not, why not.
Mr. Jim Kay: We on the recommendation on the transmittal memorandum from the
Manager to the City Commission, we do note that. That is noted that Service
Station Aid, Inc. is within 10 percent of the lowest bid received.
Commissioner Dawkins: The what?
Vice Mayor Alonso: What?
Mayor Suarez: So he gave... Having taken into account a preference for... oh,
no... so we could go with theirs then?
Mr. Kay: We, no we... we did not recommend... we recommend the lowest bidder.
Commissioner Dawkins: Why didn't you recommend him 1f he was...
Mayor Suarez: Any particular reason you didn't recommend him then?
Mr. Kay: Well, they weren't the lowest bid.
Commissioner Dawkins: Well, you said with 10 percent...
Mayor Suarez: Within 10 percent.
184 May 14, 1992
Vice Mayor Alonso: With the 10 percent yes.
Mayor Suarez: So we have the discretion.
Mr. Kay: Right.
Mayor Suarez: Are you ever going to recommend...
Mr. Kay: The Commission has the discretion.
Mayor Suarez: ...the local if they're within 10 percent, or you not ever
going to recommend it?
Mr. Kay: Well, it is up to the City Commission to make that determination as
to whether or not they want to.
Mayor Suarez: Well, but it is also up to you to alert us that we have that
option, please.
Mr. Kay: We do. We do have. We did alert you to that.
Commissioner Dawkins: What's the name of the firm? I move that this be
awarded to section 8 of whatever it is, which is the local firm that 1s a
Miami, City of Miami firm.
Mayor Suarez: So moved. Sir? You are with the same company?
Commissioner Plummer: What item?
Vice Mayor Alonso: Within the...
Mr. Kay: Item thirty.
Vice Mayor Alonso: ...with the 10 percent they are the next in line. Right.
Mr. Kay: They are within 10 percent.
Vice Mayor Alonso: OK. This is itern 30. Yes, I second.
Mayor Suarez: So, moved and seconded. Is the firm that was the lowest bidder
here? Are they wishing to be heard from? Let the record reflect they didn't
step forward. Call the roll.
Vice Mayor Alonso: And one question before...
Mayor Suarez: Yes, Vice Mayor, before the roll.
Vice Mayor Alonso: ...that the reason that you did not mention it was because
you were waiting for us to do so, and not any other reason that you don't
consider that they are capable of doing the job, nothing like that.
Mr. Kay: No, no. That was the only reason.
185 May 14, 1992
Vice Mayor Alonso: You think they are as qualified?
Mr. Kay: Oh, yes. Service Station is qualified.
Vice Mayor Alonso: OK. Thank you.
Mayor Suarez: Call the roil.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-318
A RESOLUTION ACCEPTING THE BID OF SERVICE STATION AID,
INC., ("SERVICE"), IN THE PROPOSED AMOUNT NOT TO
EXCEED $84,521.81, TOTAL BID OF THE PROPOSAL, FOR
ABOVE -GROUND TANK INSTALLATIONS B-55794, ALLOCATING
MONIES THEREFOR FROM THE FISCAL YEAR 1991-1992 CAPITAL
IMPROVEMENT ORDINANCE NO. 10938, PROJECT NO. 31109, IN
THE AMOUNT OF $84,521.81 TO COVER THE CONTRACT COST
AND $15,488.60 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $100,010.41; AND AUTHORIZING
THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SAID
FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Item, ah...
186 May 14, 1992
47. ACCEPT CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST FROM
DANVILLE-FINDORFF, INC. CONCERNING AWARD OF CONTRACT TO G-T SPORTS
ENTERPRISES, INC. -- FOR ORANGE BOWL SEAT REPLACEMENT.
Commissioner De Yurre: Mr. Mayor?
Mayor Suarez: Yes.
Commissioner De Yurre: Before we go to the...
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: ...Boards and Committees I've been advised by Mr. Odio
that we have a protest on the seat situation at the Orange Bowl.
Mayor Suarez: The Orange Bowl modernization. The seat contract.
Commissioner De Yurre: Continuing saga.
Mayor Suarez: OK. Who's the protest? Step forth...
Commissioner Plummer: Gluteus maximus.
Mayor Suarez: We are...
Neil Flaxman, Esq.: We'll be brief a...
Vice Mayor Alonso: I can't take it any longer.
Mayor Suarez: Mr. City Attorney we are clearly within the law in entertain
this protest today, at this point? Are we OK in taking this...
Mr. Jones: I am sorry.
Mayor Suarez: ...to hear the protest at this point? Is that...
Mr. Jones: It has not been properly advertised but certainly in light of the
fact that the award of the contract has already been made...
Commissioner De Yurre: And the parties are here.
F-
Mr. Jones: And the parties are here.
Mayor Suarez: All right.
—i Mr. Flaxman: My name is Neil Flaxman, attorney for Danville-Findorff, Inc.
I'll be very brief. Just, legally, we have a problem with the lowest bidder,
that is, as... the two items, of course, is the nonresponsiveness to the
original bid bond. You asked for a quality surety with a 5 rating. That was
a surety with a 4 rating. But more importantly was the performance bond. /--
187 May 14, 1992
=5
�11
s
That puts us, or any bidder, at a disadvantage. The performance bond is going _=
to be coming from a subcontractor which, A, is not the same quality as a
number 5 bond directly from the contractor. It's not going to cover labor. -_
It's a third party bond. I really have never heard of such a procedure to be
honest with you, and it puts us... it is not... it puts the low bidder at an
advantage over the second bidder, which isn't right. So we feel the protest
is well taking. Especially on the performance bond. Forget about the bid
bond. We could probably overlook that. I think that's probably not going to -
put anyone at too much of a disadvantage. But when you go to that performance
bond, there's different premium involved. Saying that the subcontractor can
post a bond is a problem. Secondly, we think the solution is, really, it
probably should have been a change order and it's within the scope of work of
the original contractor. They can come back at a lower price, and they will -
buy the seats from G.T. It will be the same seats. And as a change order it will save the City lots of money and I think there's a reasonable basis to =_
throw the bid out, all bids out. Or go to the second bidder because of the
fact that you are not going to get a performance bond from the contractor,
which is not in the bid documents and isn't really...
Mr. Odio: I have to say this on the record. I told them... _
- Commissioner De Yurre: Cesar before you make your statement. Is this a
timely protest?
Mr. Odio: Yes. Yes they were. = -
Commissioner De Yurre: I thought the 7th was...
Mr. Odio: No, they were on time.
z
Commissioner De Yurre: ...the deadline.
Commissioner Plummer: It's the craziness of it. =
Commissioner De Yurre: Huh?
Mr. Odio: They were on time.
Commissioner Plummer: After the award you still receive protest. Crazy.
Commissioner De Yurre: My understanding was the 7th was the deadline.
Mr. Odio: They were right on target.
Commissioner De Yurre: Because this says May 12th.
Mr. Jones: It's within 14 days.
Mr. Odio: No, they were on time.
Commissioner De Yurre: Fourteen days from what?
Mr. Jones: Date of the award.
188 May 14, 1992
4
t -
Ms. Judy Carter: From the time they would have known of the award.
Mayor Suarez: Yeah.
Ms. Carter: That was the date that you agreed on...
Mr. Odio: Yeah, they are on time, but however...
Commissioner Plummer: But still in my estimation the dumbest, dumbest thing
I've ever heard of, to let somebody protest after you let the cow out of the
barn.
Mr. Odio: Well.
Commissioner De Yurre: Look. Now...
Vice Mayor Alonso: Can we change that system in order to...
Mr. Jones: Commissioner, we have revised and have come up with a draft making
many changes in the procurement office, I mean in procurement code. I haven't
had a chance to review them yet, but I've had my staff working on it since we
ran into the first problem, and subsequent problem, so I hope to have
something to you for your consideration, if not by the next meeting, at least
- by the first meeting in June.
Mr. Odio: Well, I will...
Commissioner De Yurre: When was the award made?
Mr. Odio: When?
Commissioner De Yurre: When was the award made?
Mr. Odio: The last Commission meeting on the 27th... s..
Commissioner Plummer: No, I think it was actually made on the 30th, wasn't
it? It was on the 30th, Mr. Manager.
Mr. Odio: What day is... On the 7th.
Commissioner Plummer: Seventh, seventh, yeah, you're right.
Mr. Odio: That's a week ago.
Vice Mayor Alonso: A week ago.
Mr. Odio: There on time.
Commissioner Plummer: At the special meeting.
Commissioner De Yurre: What did we do on the 30th then?
Mr. Odio: On the 7th you awarded the contract to G.T.
i
189 May 14, 1992
Commissioner De Yurre: But didn't we do something on the 30th?
Mr. Odio: Not on this.
= Commissioner Plummer: Yes.
Mr. Odio: On the seat?
Commissioner Plummer: Yes. We heard the issue. It was recommended on the =
30th. We asked them to go back... r
Mr. Odio: OK. I am sure. To test the seats and then come back.
Commissioner Plummer: ...and put out the seat and then come back.
Vice Mayor Alonso: About a week ago. Then we awarded the contract to G.T.
Yes.
Mr. Odio: Yes, yes I forgot. OK. But I need to say this.
Commissioner De Yurre: But weren't there any... the protest were supposed to
be in...
Mr. Odio: We need to keep it quiet back here, OK.
Commissioner De Yurre: ...by a certain date?
Vice Mayor Alonso: Fourteen days from the date they knew.
Mr. Odio: Fourteen days after we awarded the contract, and that they knew
that we awarded it.
Commissioner De Yurre: Or wasn't it fourteen days from the time that the bids
are made public?
Mr. Jones: The Code Provision says 14 days from the time...
Commissioner De Yurre: Because when you protest right off the bat...
Mr. Jones: Yeah.
Commissioner De Yurre: ...when we entertained this on the 30th.
Mr. Jones: But that doesn't note, I mean that doesn't denote, Commissioner,
PU-
that this particular firm, at that point and time, knew of the award. I don't
know.
Commissioner De Yurre: No, no, no, no. My understanding... hold it, hold
it...
Mr. Flaxman: Mr. De Yurre. OK.
Commissioner De Yurre: My understand was back on the 30th, and that's why we
said, well we got the 7th and we got some leeway, then we would not make any
190 May 14, 1992 =
10)
final award until the 7th because there was that 14 day period that was being
discussed as a window for somebody to come in during that time and protest.
Once we made the award on the 7th, I was under the premise that there were no
more protest. That that window had been closed.
Mr. Odio: The pros...
Vice Mayor Alonso: Just a minute. You were going to say, Mr. City Manager.
Mr. Odio: I was going to say on the performance... well you want to finish
the issue on the...
Commissioner De Yurre: I want to clear this up just for my own edification,
if nothing else.
Vice Mayor Alonso: Yeah. I think he has an answer for you.
Mr. Dana Sheldon: Just a short blurb. It just... The original
recommendation was to get it to Met, which was for the seat type B and we had
no idea that you were going to go to the seat type A, so we never even were
anticipating a protest because we weren't second bidder, or in line for seat
type B. When we found out, which was only the day of the award, that you
changed the recommendation, I believe, it originally recommended seat type B
because that was the lower price of that other type of seat. When you went to
the seat type A you awarded it. We had no warning. So that was the reason we
couldn't protest it after the opening of bids, because we were under the
impression you were always going to take seat type B.
Commissioner De Yurre: Well my...
Mr. Sheldon: So are... we never... do you understand?
Commissioner De Yurre: My feeling is that when you have a protest, the
protest stands on its merits no matter what the decision is. If you have a
protest about what has been presented by another bidder who gets selected...
Mr. Sheldon: But we did know.
Commissioner De Yurre: ...doesn't change that aspect of it.
Mr. Sheldon: But the recommendation was to give it to Met under the other
things. So we had nothing to protest at that time. When they changed the...
when you didn't go by the recommendation and went to the seat type A, which
was this other bidder, then it affected us.
Commissioner De Yurre: OK. Well, what's your answer?
Mr. Sheldon: And we had no idea you were doing that until the day of the
award, which we weren't present.
Mr. Jones: Commissioner, the specific language under our Code says the
protest must be submitted in writing within 14 days after such agrieved party
knows, you should have know, of the facts giving rise to the action complained
of.
191 May 14, 1992
Commissioner De Yurre: OK. Therefore, once this has been made public,
which... They're protesting the bid.
Mr. Sheldon: No the award.
Commissioner De Yurre: No, your... but your protesting the award based on
what the bid package says. So if they knew about the bid once it's made
public, that triggers the 14 days, as far as I am concerned.
Vice Mayor Alonso: That's logic in that point.
Mr. Jones: Well, you are absolutely right, Commissioner, two of the...
Commissioner De Yurre: And that's... we were under that premise and Miller, _
you know, he's concurring with this back on the 7th, that that was it.
Mr. Jones: Two of the matters that they complain of actually were part of the
bid specs.
Commissioner De Yurre: And were known at the time.
Mr. Jones: And were known at the time that the initial decision was made. _-
Commissioner De Yurre: And not only when the initial decision was made. Once
the bid becomes public, then that has to begin the 14 day period of protest.
Mr. Jones: That's a reasonable interpretation.
Commissioner De Yurre: OK. So where do we stand now from a legal
interpretation?
Mr. Jones: Where...
Mr. Flaxman: Can I clarify one point? You would be 100 percent correct, but
the knowledge did come until the 30th, only because of the fact... We have no
right to protest just frivolously, if we are third bidder, or fourth bidder.
Commissioner De Yurre: But that's your choice. Whether...
Mr. Flaxman: No you can't.
Commissioner De Yurre: ...your frivolous or not. Was the only new piece of
information that came about on the 30th was the award.
Mr. Flaxman: Well, that...
Commissioner De Yurre: Every other information was public before that period.
Mr. Flaxman: That is the first time we became second bidder. The law is very
clear. You can't protest unless you are second bidder. We became second
bidder on the 30th. That's the first time we knew, or should have known we
were second bidder.
192 May 14, 1992
Mr. Jones: Commissioner, one thing that I failed to point out. There are two
windows of opportunity to protest a bid. One is during the solicitation
process, that is one. The second being when the award is made. So, this is _=
when, if you take it from the date that the award was made, it would be deemed
a timely protest.
Vice Mayor Alonso: So actually they are timely...
Mr. Jones: Yes.
Vice Mayor Alonso: ...presented.
Mr. Flaxman: The reason for that is because of the fact that sometime you do
change between the bid opening and the award. And that's what happened here.
Commissioner Dawkins: Mr. City Attorney. -
Mr. Jones: Yes, sir.
Commissioner Dawkins: You said they have 14 days after the bid has been
awarded to protest. Is that correct?
Mr. Jones: Yes. Solicited or awarded.
Commissioner Dawkins: Beg your pardon.
Mr. Jones: Solicited or awarded.
Commissioner Dawkins: Well 1n this case it's 14 days after...
Mr. Jones: From the date of the award.
Commissioner Dawkins: ...of the award. Explain to me, somebody over there,
what am I supposed to do after I have awarded a bid, and the people have been
working for 14 days, and then somebody comes up and protests. What am I
supposed to do?
Mr. Odio: They are not working, Commissioner, we have...
Commissioner Dawkins:
not working.
Mr. Odio: Oh. OK.
No, no, no, no, no. OK. Whether they are working or
Commissioner Dawkins: I am going to assume. I am just going to assume, Mr.
Manager, that we awarded the bid and the people went to work the next day.
Now, 14 days later a company comes up and protests. What am I supposed to do,
Mr. City Attorney?
Mr. Jones: Commissioner, you pointed out a very salient point and, you know,
this is at least the third time that you, or another Commission has pointed
out, what appears to be, and which is apparent, language which makes no sense
whatsoever. So that's what I have attempted to do in the draft of changing
this so that we can get beyond...
193 May 14, 1992
Mr. Odio: In fact they stated...
Vice Mayor Alonso: And then after the fact is where we have negotiated with
them, an agreement in this sense, - haven't we? So when we awarded the
contract we did it on equal basis.
Mr. Jones: It was on the basis that it was the lowest bidder.
Vice Mayor Alonso: Exactly. So we did not take into account any of this. It
was done after the fact in order to save money for the City of Miami, and we
have gone into an agreement with the company. But when we awarded the
contract that was not part of our decision. Was it not? -
Mr. Jones: It was on the basis of the lowest bidder.
Vice Mayor Alonso: So, then definitely the... they have no merit.
Mayor Suarez: The protest would not lead to a change in any event.
Vice Mayor Alonso:...have any value because it was at the time of our...
Mayor Suarez: Unless it was to disqualify them, which were not convinced of
the arguments.
Vice Mayor Alonso: Do you understand the point.
Mr. Sheldon: Yeah. I understand what you are saying, but I guess what we're
saying, we're talking about the lowest qualified bid and we felt that our
bid...
Vice Mayor Alonso: They were the lowest.
Mayor Suarez: If they were disqualified that would make you the lowest.
Mr. Sheldon: Well, qualified... Well, that's what we felt the bid bond
represented, part of the qualifications of being a qualified bidder. And
based on the merits of their bid bond they're not.
Mayor Suarez: You're working at other improvements at the Orange Bowl right
now. Right?
Mr. Sheldon: Yes, sir.
Mayor Suarez: What?
Mr. Odio: They're the major contractor.
Mr. Sheldon: Major renovation. And our bid bond represents, exceeds the City
requirements for not only the class rating of 5, or a class 8, the cash
reserves, and they're bonding company doesn't meet the cash reserves either.
Vice Mayor Alonso: That's fine but they did on equal basis to yours and they
are the lowest bidder, and what we did was simply award it to the lowest
bidder.
195 May 14, 1992
Mr. Sheldon: Without the correct bond.
Vice Mayor Alonso: Any, any... No, no they did have.
Mr. Odio: No, with the correct bond. I told you yesterday we had...
Mr. Sheldon: They had the correct bid bond?
Vice Mayor Alonso: Is that correct, Mr. City Attorney?
Mr. Jones: Yeah. There are two aspects of it. The bid bond and the
performance bond. And the rating that's being complained about really related
to the performance bond, which really comes after the contract has been
awarded. So, in my view, any mention of the A rated classified applying to
the bid bond is completely incorrect. I think the RFP was very clear as to
what the class 5 rating pertained to.
Mr. Sheldon: Yeah. Unless they're changing bonding companies, the only one
that everybody would know about, is the one mentioned on the bid bond. That's
usually the same person that supplies the performance bond is the company on
the bid bond form, which is American. Now if they're changing bonding
companies, I guess...
Mr. Odio: Well.
Mr. Sheldon: ...maybe the new bonding company is a rated company.
Mr. Jones: Commissioner, all you have to be concerned about is once this
contract is consummated, and certainly administration will make sure that the
proper performance bond has been provided. Certainly, if it is contrary, or
what they're providing is contrary to what the RFP provides, then certainly
then there is a problem.
Mr. Sheldon: OK.
Mr. Jones: But until...
Vice Mayor Alonso: But that's not our concern...
Mr. Jones: Yeah. But that's not our concern.
Vice Mayor Alonso: ...at this point because what we awarded was in compliance
with the RFP.
Mr. Jones: That's correct.
Mr. Sheldon: I just wanted to finish the rest of my notes here and then I'll
get down. If, for instance, they don't come up with the correct performance
bond to meet the requirements, would we be looked at, at that point?
Vice Mayor Alonso: I think so.
Mr. Jones: Certain, we would be compelled to look at it.
196 May 14, 1992
Mr. Sheldon: I guess if the performance bond doesn't meet your requirements
according to your specifications, that's what I am asking. Are they going to
be allowed to use a substandard bond than what's called for in the documents?
Mr. Jones: I think the company 1s aware of what the City's requirement is for
providing the bond... -
Mr. Sheldon: OK.
Mr. Jones: ...and certainly 1f they can't provide the bond then the contract
can't be consummated.
Mr. Sheldon: OK. I just wanted to read a few more notes because I wasn't
able to be at the last meeting, because I didn't know that this was going to
come about. Since we still feel that we're the lowest qualified since we _=
provide you with the correct bond, at the time of the bid. We found out later
that we were talking about negot...
Vice Mayor Alonso: Yeah. But correction for the record. They were also...
Mr. Sheldon: They were the lowest dollar price.
Vice Mayor Alonso: ...in compliance with the RFP. They had the bond and also -
they were the lowest bidder.
Mr. Sheldon: OK.
Vice Mayor Alonso: So correction for...
Mr. Sheldon: OK. —
Vice Mayor Alonso: ...the record please.
Mr. Sheldon: We heard there were some negotiations possibly after the bid,
with the lowest qualified bidder, and we see a letter and according to the
minutes of the meeting the last time, we're looking for thirty-five to forty-
five thousand dollars, and there appears to be a thirty-five thousand dollar
($35,000.00) credit they're offering, that has qualifications to it and
changing the seats that you're asking for. And we were just saying we were
considered the lowest qualified bidder because we feel we turned in the =-
correct bond. We were willing to negotiate, also, and lower are price eighty-
five thousand dollars ($85,000.00), ten thousand dollars ($10,000.00) below
the other price.
Mayor Suarez: That would not...
Mr. Sheldon: That's all I wanted to say.
Mayor Suarez: ...be the procedure. That's not the procedure.
Vice Mayor Alonso: Yeah, but that's not appropriate. We can not even
entertain...
197 May 14, 1992
s +
Mayor Suarez: Yeah.
Vice Mayor Alonso: that type of discussion. And we were not involved...
Mr. Sheldon: If we were considered the lowest qualified bidder that's...
Vice Mayor Alonso: ...with them in that type of discussion with them at all.
Mayor Suarez: Having selected the lowest qualified bidder, as we deem them
qualified, then we can further negotiate, but not as a way of changing the low
bidder.
Mr. Flaxman: That's correct but just clarity. The bid bond they submitted
was not the right bid bond under your RFP. It was a 4 instead of a 5. In
other words it was not...
Mayor Suarez: Counselor, you know, our level...
Mr. Flaxman: You may waive that. If you decided to waive...
Mayor Suarez: ...of understanding...
Mr. Flaxman: If you decided to waive that I could understand that.
Mayor Suarez: ...and analysis is limited in these matters. We have to go
with the Manager's recommendation of things of that sort.
Mr. Flaxman: Well, then you're correct if we aren't the lowest bidder, we
cannot negotiate. So...
Mayor Suarez: Yes. All right. As to
Mr. Flaxman: Well we do what...
Vice Mayor Alonso: OK. Do we have to take any action, deny...
Mr. Jones: Well, you, yes, yes, yes... _=
E
Vice Mayor Alonso: ...or no.
Mr. Jones: ...you should. You should have a recommendation from the Chief
Procurement Officer, to either reject or accept this protest and then you need
to take a separate vote, accepting or rejecting her recommendation. -
Ms. Judy Carter: Yes. The issues have already been stated. We have
reviewed, I have review the items based upon the comments that have already
been mentioned, i.e. one, that the bid bond is a bid bond, and performance
bond is a performance bond. The rating that was provided for, in the
document, referred to the performance bond. And we have not arrived at that
level yet. Number two, the issue concerning the extent to which the City of
-i Miami was negotiating. This City Commission determined that type A was the
appropriate seat for the Orange Bowl, primarily based upon comfort. And they
had that discretion, they did so by awarding to the lowest bidder, under type
A. That is well within the prerogative of the City Commission and that was
not in error. And, lastly, I think that's basically the issues.
198 May 14, 1992
Mayor Suarez: All right. It's been debated...
Ms. Carter: Well he did have another issue on letter that it was not
commented here, and that had to do with the extent to which we were, the =
vendors in question were attempting to control prices, particularly the
supplier. Our position is that we do not have any involvement, whatsoever,
with private disputes between vendors and suppliers.
Mayor Suarez: Would have to go...
Mr. Carter: And with that...
Mayor Suarez: ...behind the...
Ms. Carter: ...I am recommending that the...
Mayor Suarez: ...what is presented in the bid.
Ms. Carter: Yes.
Mayor Suarez: As to...
Ms. Carter: We recommending that it be rejected.
Mayor Suarez: All right.
Vice Mayor Alonso: OK. So, I so move...
Mayor Suarez: So moved.
Vice Mayor Alonso: ...to accept the recommendation of the Procurement
Officer. -
Mayor Suarez: To reject the protest.
Vice Mayor Alonso: Accepting her recommendation.
Mr. Jones: You're moving to accept the recommendation to reject.
Vice Mayor Alonso: Yes, that's what he advised us to do.-
Mr. Jones: You're right.
Vice Mayor Alonso: Yes.
Mayor Suarez: OK. So moved. Second. Call the roll. Any further
discussion? If not, please call the roll.
199 May 14, 1992
11
I
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-319
A RESOLUTION, APPROVING THE CHIEF PROCUREMENT
OFFICER'S DECISION TO REJECT THE PROTEST OF DANVILLE-
FINDORFF, INC., IN CONNECTION WITH BID NO. 91-92-0699
ORANGE BOWL MODERNIZATION PROJECT, PHASE II (1992) -
SEAT REPLACEMENT, AS IT HAS BEEN DETERMINED TO BE
WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
Mr. Odio: Mr. Mayor, I don't know if I need...
Mayor Suarez: We need any further action on that? No?
Mr. Odio: I don't know if I need you to tell me to go ahead and come to a
contract agreement with the person, the company, that got the award, showing
that they have proffered a thirty-five thousand seven hundred dollar
($35,700.00)...
Commissioner De Yurre: Is the window shut now as far as protests are
concerned?
Mr. Odio: Yes, Yes it is. Should I just go ahead and proceed with the
contract.
Commissioner De Yurre: They proffered what, thirty-five thousand what? Well,
just repeat what you said.
Mr. Odio: Yeah. I am told like... well, well...
Commissioner De Yurre: It's already on the record so you might as well repeat
it.
Mr. Odio: They sent a letter...
Vice Mayor Alonso: Thirty-five thousand seven hundred.
200 May 14, 1992
Mr. Odio: I tell you all I have... They sent a letter to everybody concerned
saying that they were proffering thirty-five thousand seven hundred dollars in
reductions to the City.
Vice Mayor Alonso: Is this appropriate we discuss it?
Commissioner De Yurre: What the hell is this?
Commissioner Dawkins: Mr. City Attorney,...
Mr. Jones: Yes, sir.
Commissioner Dawkins: ...what can you draft, and how quickly can you draft
It, legislation which will ensure that this Commission is aware of all
protests prior to the award of a bid, and that we do not have a 14 day lapse,
not even a 14 hour lapse, between the award and the time there's no other time
for protest. What can we do to...
Mr. Jones: Commissioner, as I mentioned to you a little earlier, perhaps you
didn't hear me.
Commissioner Dawkins: I heard you but you did not tell me a time certain.
Mr. Jones: Oh.
Commissioner Dawkins: You told me that your office was working on it, and had
been working on it, and you had been reviewing it. I need a time certain,
sir.
Mr. Jones: OK. I have... Commissioner, we already have a draft in place.
What I indicated was that I have not reviewed it yet because it just came
across my desk yesterday. I hope to review it tomorrow, make necessary
changes, and come back to you, hopefully,...
Commissioner Dawkins: No, no, no. See that's my point.
Mr. Jones: ...June.
Commissioner Dawkins: Bring it back at the next Commission, Mr. City
Attorney.
Mr. Jones: Fine. No problem.
Commissioner Dawkins: All right, sir. Thank you.
201 May 14, 1992
48. (A) APPOINT / REAPPOINT INDIVIDUALS AS MEMBERS OF THE AFFIRMATIVE
ACTION ADVISORY BOARD (Appointed was: Sam Mason; reappointed
was: Kevin Marshall) (See label 50).
(B) REAPPOINT ROBERT GRILL AS MEMBER OF AFFIRMATIVE ACTION ADVISORY
BOARD, EFFECTIVE WHEN HIS CURRENT TERM EXPIRES.
------------------------------------------------------------------------------
Mayor Suarez: All right. Item 32. Affirmative Action Advisory Board.
Vice Mayor Alonso: Oh yes, I will... Kevin Marshall, I believe, is my
appointment.
Commissioner Plummer: My appointment is Robert Gill.
Ms. Hattie Danlles: Mr. Grill's term expires on June 6. Robert Grill.
Mayor Suarez: So moved as to the nominations.
Vice Mayor Alonso: Yeah, I so move.
Mayor Suarez: Do I have a second? Second the nominations made.
Commissioner Dawkins: Which ones?
Mayor Suarez: The ones made already by the Commissioners.
Commissioner Dawkins: Yes.
Mayor Suarez: Call the roll.
THEREUPON MOTION DULY MADE BY VICE MAYOR ALONSO AND
SECONDED BY COMMISSIONER DAWKINS THE AFOREMENTIONED
MOTION PASSED BY THE FOLLOWING VOTE. (Note: The
essence of this motion is incorporated into M- 92-320
and R-92-320.1. See below.)
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 Dawkins: Put ah...
Ms. Daniels: OK. Mayor, just for the record. Appointments are also needed
from Commissioner De Yurre, Dawkins and from you.
202 May 14, 1992
Commissioner Dawkins: I appoint Sam Mason.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second.
Vice Mayor Alonso: With pleasure.
Commissioner De Yurre: I don't have mind at this point.
Mayor Suarez: Do we require that they be City of Miami residents.
Mr. Carter: Yes.
Mayor Suarez: Call the roll.
The following resolution and motion were introduced by Commissioner
Dawkins, who moved their adoption:
MOTION NO. 92-320
A MOTION REAPPOINTING KEVIN MARSHALL AND APPOINTING
SAM MASON TO SERVE AS MEMBERS OF THE AFFIRMATIVE
ACTION ADVISORY BOARD.
RESOLUTION NO. 92-320.1
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL AS A
MEMBER OF THE CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD FOR A TERM OF OFFICE TO EXPIRE AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution and motion were
passed and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
203 May 14, 1992
-------------
49. APPOINT INDIVIDUAL TO BOARD OF DIRECTORS OF THE PERFORMING ARTS CENTER -
TRUST (PACT) (Appointed was: Maria Cristina Barros.
------------------------------------------------------------------------------
Mayor Suarez: Performing Arts Center.
Commissioner Plummer: I appoint Maria Cristina Barros.
Commissioner Dawkins: That's the one we had... we asked this morning for the
Asian group to nominate somebody and, I think, they gave us a name,
Commissioner Plummer, so we may have to vote on it.
Vice Mayor Alonso: Yeah. Do they have the name? Do you have the name?
Ms. Angela Bellamy: Yes. He gave me Mr. Ramiro Chong.
Vice Mayor Alonso: I was going to nominate Reina Del Castillo. I think Maria
Cristina Barros is an excellent person too, but I feel as Commissioner
Dawkins, that not often do we appoint representation from the Asian groups and
I think that it's proper that we take it into account, so I will second the
nomination of Ramiro Chong.
Commissioner Dawkins: Mr. Chong.
Mayor Suarez: Do we have any information on Mr. Chong?
Commissioner Plummer: I nominated Barros.
Mayor Suarez: Maria Cristina Barros.
Commissioner De Yurre: I second that one.
Vice Mayor Alonso: He's a very active member of this community, Mr. Chong,
very active in many community activities. I have worked with him in Lion's
organization several, and I have also seen him very actively involved in
delegations for many different groups. I mean he's a very active and
recognized member of this community.
Commissioner Dawkins: OK. There's two nominations.
Mayor Suarez: OK.
Commissioner Dawkins: There's two nominations.
Mayor Suarez: I think what I am inclined to do, I don't know about Ramiro
Chong's address, but I know Maria Cristina Barros lives in the City...
Vice Mayor Alonso: Yes, she does.
Mayor Suarez: ...and, of course, I know of her interest in the Performing
Arts Trust. I am inclined, for myself, to go with Maria Cristina Barros in
204 May 14, 1992
the Performing Arts Trust, and maybe ask my colleagues if they wouldn't want
to renominate, or I would renominate Ramiro for the Affirmative Action Board,
because I don't have a nominee, and I would like to see his involvement in
some City board to comply with the idea of Commissioner Dawkins that we have
some Asian input.
Commissioner Dawkins: OK. I am going to stick with the Haitian, the Asian,
for the performing arts. I think it's time that... they came here this
morning in numbers, and they demonstrated that they want to be a part of this
community, and we don't have an Asian on no board, nowhere, no place. When
they left here this morning they left with the understanding that I would make =
the nomination. I've made the nomination and it has been seconded. If there
is a substitute motion, I have no problems with the substitute motion, and
which ever motion carries I will support. -
Mayor Suarez: OK. It's in effect a substitute motion what we have now, but
I'll take it either way, however you want. If you want to vote first on
the...
Commissioner De Yurre: OK. You want to go on ballots or what?
Mayor Suarez: ...initial. We can do it by ballots, however you want.
Commissioner Dawkins: Is there a substitute motion?
Mayor Suarez: Yeah. There was a motion for Maria Cristina Barros made by
Commissioner Plummer and it was seconded by Conmissioner De Yurre.
Commissioner Dawkins: OK. And there was a motion made by me and seconded by
Commissioner...
Mayor Suarez: Right. And yours...
Commissioner Dawkins: ...Alonso for...
Mayor Suarez: Technically yours was made first so the substitute motion will =_
be voted on first. But I, you know, I can do it either way, I don't want to.
Unidentified Speaker: What difference does it make?
Mayor Suarez: I don't think it makes...
Commissioner Dawkins: It makes a difference.
Commissioner De Yurre: Just do a ballot thing and that's the end of that.
Mayor Suarez: We could do it as a ballot. That way... LOW
Commissioner Dawkins: It's the same three votes are going to vote for or
against. What you going to do a ballot for?
Mayor Suarez: I was being deferential to you...
- Commissioner Dawkins: No.
205 May 14, 1992
W1
Mayor Suarez: ... that the substitute motion wouldn't have to be voted. OK.
The substitute motion. Then we're going to be technical...
Commissioner Dawkins: All right.
Mayor Suarez: ...the substitute motion is the one that's on the floor and
that is the appointment of Maria Cristlna Barros. Do we have a move...
Commissioner Plummer: No. I want a secret ballot.
Mayor Suarez: We have a motion and a second. Any questions? If not, please
call the roll on the substitute motion.
Vice Mayor Alonso: For the substitute?
Mrs. Matty Hirai: For the substitute.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-321
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO THE
BOARD OF DIRECTORS OF THE PERFORMING ARTS CENTER TRUST
(PACT) FOR A TERM AS SPECIFIED HEREIN.
(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 J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Vice Mayor Miriam Alonso
Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I usually do vote for the motions that I make. Yes.
Vice Mayor Alonso: Well, in normal circumstances, I would vote for Maria
Cristina Barros with pleasure. In this case, I will have to vote no.
Commissioner Dawkins: I lied to the people this morning, because I gave them
my word that we would appoint an Asian and we did not. I have to vote no.
Commissioner De Yurre: I think it is great to vote for a woman to be in this
position. I vote yes.
206 May 14, 1992
50. (Continued Discussion) APPOINT INDIVIDUAL AS MEMBER OF AFFIRMATIVE
ACTION ADVISORY BOARD (Appointed was: Ramiro Chong.) (See label 48.)
------------------------------------------------------------------------------
Mayor Suarez: Going back to 32, Ramiro Chong, for the Affirmative Action
Board of the City of Miami.
Commissioner Plummer: Second.
Mayor Suarez: Moved. Call the roll on that appointment.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 92-322
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS
OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD
FOR TERMS OF OFFICE TO EXPIRE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I think it's a do-nothing board, and I just don't think
I should embarrass that committee who was here this morning, and throw them a
bone when we promised them something much better. And I disagree and I think
it's a shame that we would do this and I vote no.
Commissioner Plummer: Assuming the gentleman would like to serve I vote yes.
Vice Mayor Alonso: I would have to vote no because I am not sure that he
would like to serve on this Board, and I don't know if he lives in the City of
Miami or not. I have the impression he does not. So I vote no.
Mayor Suarez: Yes, and, of course, that's premised on him wanting to serve.
COMMENTS MADE AFTER ROLL CALL:
207 May 14, 1992
Mayor Suarez: Item 34. Code Enforcement Board. Do we have any.
Commissioner Plummer: I move to eliminate it.
Vice Mayor Alonso: He does not live in the City of Miami.
Mayor Suarez: And the requirement of the Affirmative Action Board is that
they live...
Vice Mayor Alonso: Yes.
Mayor Suarez: ...in the City of Miami.
Vice Mayor Alonso: Yes.
Mayor Suarez: That's probably a requirement we ought to change. We're not
getting the kind of interest that we would like for the Affirmative Action
Board. All right. Withdraw the motion.
51. DISCUSS AND DEFER (TO NEXT MEETING) APPOINTMENT OF INDIVIDUALS TO THE
CODE ENFORCEMENT BOARD.
Mayor Suarez: Item 34. Code Enforcement Board.
Commissioner Plummer: I move to...
Commissioner Dawkins: I am like J. L., they have no authority. So why be
bothered?
Commissioner Plummer: That's what I am saying.
Mr. Odio: Commissioner Alonso has one...
Mayor Suarez: A lot of people want to be on it, that's one thing.
Mr. Jones: This is Doctor Alonso's appointment.
Vice Mayor Alonso: I will make my appointment...
Commissioner Plummer: We can put a...
Vice Mayor Alonso: ...at the next Commission Meeting. I don't even know if
my appointment, Ana Magda Guillen, if she wants to be there or not. She did
not contact me so I am not sure. So I will delay.
Commissioner Plummer: De, Yurre, yours lives in Tallahassee! That's a hell
_ of a board! You have one member that lives in Tallahassee. Look here! "Mira"
I don't believe you!
208 May 14, 1992
r]
Commissioner De Yurre: She moved after the fact.
Vice Mayor Alonso: That is incrediblel
Mayor Suarez: People do move.
Vice Mayor Alonso: Don't theyl
r]
52. (A)
APPOINT PATRICIA D. PAREKH TO SERVE AS A MEMBER OF THE COMMISSION
ON THE STATUS OF WOMEN -- CITY COMMISSION REJECTS LIST OF
NOMINEES FROM THE COMMISSION ON THE STATUS OF WOMEN (CSW) AND
REQUESTS THE CSW TO RESUBMIT A NEW, ETHNICALLY BALANCED LIST OF
NOMINEES WITH AT LEAST 50% BEING CITY RESIDENTS.
(B)
BRIEF COMMENTS OF PROTEST BY VICE MAYOR ALONSO CONCERNING
CHAIRMANSHIP OF DEPARTMENT OF OFF-STREET PARKING BOARD -- DIRECT
CITY ATTORNEY TO DRAFT (FOR NEXT COMMISSION MEETING) A CHARTER
AMENDMENT MAKING THE DEPARTMENT OF OFF-STREET PARKING A CITY
BOARD.
------------------------------------------------------------------------------
Mayor Suarez:
OK. Item 35. We have been submitted 13 new members by the
chairperson.
All right. As to a... Commission on the Status of Women, we
have the list
of the 13 nominees.
Commissioner Dawkins: Where's the list? How many have to be on there?
Commissioner De Yurre: How many are women?
Commissioner Dawkins: All of them I hope.
Commissioner Plummer: Is this the list recommended by the Status of Women
group?
Mayor Suarez: Yes.
Commissioner Plummer: OK. I so move.
Commissioner Dawkins: Hold it. How many member on the board?
Commissioner Plummer: One hundred and eighty six.
Commissioner Dawkins: One hundred and eighty six?
Commissioner Plummer: I don't know.
Vice Mayor Alonso: We don't have an answer. That's not right.
Commissioner Plummer: Well defer it until you get your information.
Vice Mayor Alonso: They don't want to respond, or what?
209 May 14, 1992
C
Commissioner Dawkins: All right. It's confirming 13 new members.
Mr. Odio: There is 13 new members confirming, but I don't what the total.
Vice Mayor Alonso: How many?
Commissioner Dawkins: Thirteen, huh.
Mr. Odio: Thirteen.
Commissioner Dawkins: OK. Now I am going to appoint two. See. Now you got
through... now throw this one out. You threw the other one out. Patricia D.
Parekh, who is a Hindu Indian. Now you all throw that off.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Call the roll.
Commissioner Plummer: Where does she live?
Commissioner Dawkins: Mississippi. Biloxi, Mississippi.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-323
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO SERVE
AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN
OF THE CITY OF MIAMI, FLORIDA, FOR A TERM OF OFFICE AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Anybody from Biloxi, I got to vote for them. Of
course!
210 May 14, 1992
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Alonso: Now how do we do this? We were supposed to appoint all of
the names given... Has anyone any idea what we are doing.
Commissioner De Yurre: Does this constitute the full board?
Vice Mayor Alonso: Look at this. No one is giving us any guidance.
Commissioner De Yurre: Earth to City Attorney.
Vice Mayor Alonso: I believe that the Status of Women deserve more respect.
I would like to table this item...
Mayor Suarez: Tabled.
Vice Mayor Alonso: ...until later today so that we can proceed with some
dignity in something that I consider that is very important for the City of
Miami.
Mayor Suarez: The item is tabled.
Vice Mayor Alonso: So I table this item until we can get answers on an
important issue like this.
Commissioner Plummer: I agree, but I would also like to ask this question.
As I look at this list, and, you know, I am not a stickler that it's all got
to be the City. With the exception of one, because two of them, I think, are
business addresses. One of the thirteen proffered, live within the City
limits of Miami. One lives, I don't know about Brickell, that could be the
one, that lives in the City. Guller lives out of the City. Katrinia Daniels,
that address is WTVJ, I don't know where she resides. 1891 Coral Way is
definitely an office building. Miami Beach is obvious. Bal Harbour is
obvious. 10905 is obvious. 13325 is obvious. 131 1s obvious. Miami Beach
is obvious. 201st Terrace is obvious. I think we should try to... we must
have a number of ladies in the City who would like to be involved.
Vice Mayor Alonso: I hope so. Let's defer the item.
Mr. Jones: I can take... Commissioner.
Commissioner Dawkins: Second the motion.
Mr. Jones: Commissioner, the Board is composed of 25 members. There's no
requirement according to their bylaws that they be member, or should I say
residents of the City of Miami.
Mayor Suarez: We understand that. The Commissioner was just remarking on the
fact that so few were from...
Mr. Jones: OK.
211 May 14, 1992
Mayor Suarez: ...the City of Miami and that's not a matter of requirement,
but a matter of concern. That we're not getting enough participation from the
City of Miami.
Mr. Jones: The, members.
Vice Mayor Alonso: OK. Let's table this item and bring it back the 28th.
Commissioner De Yurre: What we need to know also is the total composition of
the 25 members. To see if its ethnic balance and everything else that we are
always concerned with... because I have no idea what the make-up looks like at
this point intime.
Commissioner Plummer: Well, you know, I understand that it doesn't have to be
City residents. I fully understand that. And I think it's more important
that all of the people be wanting to be involved.
Vice Mayor Alonso: Very important.
Commissioner Plummer: But I got to believe that there's more people in the
City that would like to be involved.
Mr. Jones: Apparently these members were... these proposed members were
selected by the present Board members, and the only thing that you're required
to do is to affirm. They have the power to appoint.
Commissioner Plummer: We have the right to veto.
Mr. Odio: But what happened the Executive Director just recently resigned...
Vice Mayor Alonso: Yes.
Mr. Odio: ...and we're caught between... no head there.
Vice Mayor Alonso: She was always here when...
Mr. Odio: Yes.
Commissioner Plummer: Excuse me. Don't we have the right to veto?
Mr. Jones: No. They have the sole power to appoint...
Commissioner Plummer: Then why even bring it up before us if we have no...
Mr. Jones: Well, we have other boards that have made... the make up is the
same way.
Commissioner Plummer: Excuse me. My question is. If we have no authority
why bring it up here?
Mr. Jones: Commissioner, 1 don't know whether, at some point, this Commission
expressed the fact that they wanted to be involved in the process. I can't
tell you. I don't know.
212 May 14, 1992
4040,.
Vice Mayor Alonso: What about the appointment we just made of one individual.
Mayor Suarez: In effect it would be a recommendation back to the board for
them to do.
Mr. Jones: Right.
Vice Mayor Alonso: Recommendation.
Mr. Jones: Right.
Vice Mayor Alonso: OK. But it was not done in that sense. We just appointed
the person.
Mayor Suarez: Apparently under the law we don't make the appointment, we
simply confirm their appointments, apparently, Commissioner.
Vice Mayor Alonso: All right. So it will have to be corrected on the record
because that was the intent.
Mayor Suarez: Right.
Commissioner Dawkins: Well, mine is permanent because as long as they keep
sending it back I am going to keep sending it back, and they just won't have
nobody. I don't have a problem with that.
Mayor Suarez: Right. As a practical matter...
Commissioner Plummer: You know I... Mr. Mayor, I got a problem with the fact
that there is a City board and this Commission has no control over its
members. I've got a problem with that.
Vice Mayor Alonso: What about DDA (Downtown Development Authority)?
Commissioner Plummer: We do have the right. They have to send us three names
we can accept or reject, and send back if we don't want those names. And I
have no problem with that process. I am told by the City Attorney that we
have no authority over these members.
Mr. Jones: Their bylaws, as I am told, I haven't reviewed them personally...
Commissioner Dawkins: Watch me sock it to him.
Mr. Jones: ... but I am told their bylaws provide for their appointing and your
afformation.
Commissioner Dawkins: You know. It's amazing how if you sit here long
enough...
Vice Mayor Alonso: Something is very wrong.
Commissioner Dawkins: ...everything go around come around.
Commissioner Plummer: Come around.
213 May 14, 1992
e�
11
Commissioner Dawkins: Now I remember when we, you and I, decided we were
going to abolish the Off-street Parking because of that same reasoning. And
you said, OK, we will abolish the Off-street Parking and we would abolish DDA.
You backed out on Off-street Parking on me.
Commissioner Plummer: No, no, no, sir, I did not.
Commissioner Dawkins: Yes you did. Yes you did, J. L.
Commissioner Plummer: No, no. You're wrong.
Commissioner Dawkins: Yes you did.
Commissioner Plummer: I didn't back down. The court backed us down.
Commissioner Dawkins: No. No.
Commissioner Plummer: OK. We could not, by three votes of this Commission,
abolish Off-street Parking. By three votes of this Commission...
Commissioner Dawkins: We could put it on the ballot.
Commissioner Plummer: That's right.
Commissioner Dawkins: And we didn't do that.
Commissioner Plummer: That's right.
Commissioner Dawkins: All right. OK. So.
Commissioner Plummer: DDA, three votes of this Commission...
Commissioner Dawkins: So we did it. OK. All right.
Commissioner Plummer: ...can eliminate it.
Commissioner Plummer: And I am still waiting for the third vote.
Commissioner Dawkins: OK.
Mayor Suarez: Read the a...
Vice Mayor Alonso: Don't give us ideas.
Commissioner Plummer: I am waiting.
Mayor Suarez: The a... if we were inclined to do that, since you mentioned
that, and since we got a bunch of phone call the other day after, I don't know
if you did Commissioners, after the suggestion...
Commissioner Dawkins: I so move.
214 May 14, 1992
Mayor Suarez: ...that we have a chairperson, to be a Commissioner, and have
that put on the ballot. I got a bunch of frantic calls from members of the
Off-street Parking Board, and if that were illegal, and the City Attorney
agreed that he was going to get to us some information as to what exactly it _-
was that happened, I think you were right, Vice Mayor, that...
Vice Mayor Alonso: I was right.
Mayor Suarez: ...it never made it to the ballot because of a... _
Commissioner Plummer: Yeah.
Mayor Suarez: ...declaratory judgement...
= Commissioner Plummer: That's correct.
Mayor Suarez: ...or injunction or something that we chose not to appeal. We
never went all the way through the process. But the other way to do it, you
don't eliminate them, what you do is you make them a City agency. And that
can be put on the ballot. That should not jeopardize the bonds, and that can
be done not only legally, but practically, and so 1f anybody wants to do that
Iam...
Vice Mayor Alonso: And you know something, Mr. Mayor, even if the voters _=
approve that, it's not a very pleasant future for me to finally be given...
Commissioner Dawkins: Oh, yeah, we'll appoint you to it.
Vice Mayor Alonso: ...an authority that, in fact, does not want a member of
this Commission. And then you give me,...
Mayor Suarez: Oh, I think they would...
Commissioner Dawkins: Oh, well, I'll take it.
Vice Mayor Alonso: ...and as I stated earlier before,...
Mayor Suarez: If we got it through I think they would like you a lot once
they...
Vice Mayor Alonso: ...the only female in this Commission finally you guys
decide to give me one that has to go to the voters, and after that...
Commissioner Plummer: We would never.
F-
Vice Mayor Alonso: ...one that, 1n fact,...
Commissioner Plummer: Never.
Vice Mayor Alonso: Yes. Yes, sir.
o
Commissioner Plummer: Never. We'll send the Mayor first.
Vice Mayor Alonso: Yes. Yes. Yes.
215 May 14, 1992
Mayor Suarez: They would send me for about 3 months...
Commissioner Plummer: That's it.
Mayor Suarez: ...until the hostilities ceased and then... _--
Vice Mayor Alonso: Of, sure. Yes. Yes, of course. And then after that, you
make it worse. When I get there I cannot even get into the door. And then
after that I get there and they don't even want representation from the City of Miami. I don't know but it's not a very pleasant picture for me. I
understand that because you think that I am the only female and, perhaps not
capable of handling a board, that's why it's happening. If I were also a male
maybe that will be different. And as I stated this morning I resent that,
but, again, females remember that we still are in a world dominated by male,
and don't get confused. That's the reality of what's happening. And we have
to work at changing things and finally they will understand what we are trying
to accomplish. And allow us to be equals. --
Commissioner Dawkins: Well, I am sorry Nancy Dawkins isn't here because she
could tell you I don't dominate her.
Vice Mayor Alonso: Because she's intelligent enough to dominate you.
Mayor Suarez: The Commissioner Status of Women's chairperson has made
recommendations. We've got concerns from some Commissioner that all we do is
confirm appointments.
Mr. Jones: Mr. Mayor, I stand corrected.
Commissioner Plummer: No, we don't.
Mayor Suarez: I, respectfully, submit that if we were inclined to...
Commissioner Plummer: We don't confirm.
Mayor Suarez: ...take over that power, we could do that, but I don't see that
there's anything wrong with the present procedure being followed...
Mr. Jones: Mr. Mayor, I stand corrected. Please.
Mayor Suarez: Yes, Mr. City Attorney.
Mr. Jones: Please.
Mayor Suarez: Yes, Mr. City Attorney.
Mr. Jones: You do have the... The Commission on the Status of Women makes
the nominations, you make the appointments.
Mayor Suarez: All right. There we go.
Commissioner Plummer: Ah, that's fine.
216 May 14, 1992
Vice Mayor Alonso: Well, it has to be, because it didn't have any reason...
Mayor Suarez: Now that makes them all happy.
Vice Mayor Alonso: ...why it's coming to us...
Commissioner Dawkins: That makes much more sense.
Vice Mayor Alonso: ...when they had the power.
Commissioner Plummer: That's the question I asked.
Mayor Suarez: All right. I don't know that it makes...
Vice Mayor Alonso: That why I said it was very strange.
Mayor Suarez: ...any difference, but all right. Does anybody want to go
ahead and vote on the list submitted then?
Commissioner Plummer: No.
Commissioner Dawkins: No.
Mayor Suarez: Minus one. All right.
Vice Mayor Alonso: No we decided to defer it and then...
Mayor Suarez: We're tabling that.
Commissioner Plummer: Mr. Mayor, I would...
Mayor Suarez: For further information. Yes.
Commissioner Plummer: ...send the list back to them asking that, at least,
half of the list that they surrender to use, reside in the City, at least
half.
Mayor Suarez: And they have to include the one that previously was approved
even though it had never been nominated.
Commissioner Dawkins: Yeah. And then somebody had to put my nominee on the
list for us to approve.
Mayor Suarez: Exactly. All right.
Commissioner Dawkins: Now, Mr. City Attorney,...
Commissioner Plummer: What about the Chinaman?
Mr. Jones: Yes, sir.
Commissioner Dawkins: ...bring back for me, at the next meeting, wording that
I can put on the ballot to put Off-street Parking under the City of Miami.
217 May 14, 1992
Mr. Jones: I am sorry, I didn't hear the last part.
Commissioner Dawkins: Yeah. Bring back, at the next meeting,,..
Mayor Suarez: A Charter Amendment that would...
Commissioner Dawkins: Thank you, Mr. Mayor. Go ahead.
Mayor Suarez: ...put the Off-street Parking Board as a City agency.
Commissioner Dawkins: And don't worry anything about what the Miami Herald
says because it does not live in the City. It cannot vote on this. Only
residents who reside in the City of Miami will be able to vote on this.
Mayor Suarez: All right.
Commissioner Dawkins: So don't get carried away.
Mayor Suarez: Your going to have about... Item...
Commissioner Plummer: What about DDA?
Vice Mayor Alonso: Thirty-six.
53. DISCUSS AND DEFER (FOR FURTHER INFORMATION) CONSIDERATION OF A REPORT ON
COST COMPARISON CONCERNING POSSIBILITY OF RECYCLING IN-HOUSE VS. PRIVATE
COMPANY UNDER DADE COUNTY CONTRACT.
Mayor Suarez: Thirty-six.
Vice Mayor Alonso: Mr. Mayor, I would like to have this item continued...
Mayor Suarez: OK.
Vice Mayor Alonso: ...because I feel that at least this Commissioner needs
more information, and...
Commissioner Plummer: Do you have any?
Vice Mayor Alonso: No.
Commissioner Plummer: I have none.
Vice Mayor Alonso: I need information and I think it's proper not to take any
action today, and continue this item...
Mayor Suarez: All right.
Vice Mayor Alonso: ...until the next agenda so we have an opportunity to hear
from the Administration on the different points that we are not certain.
218 May 14, 1992
Mayor Suarez: So ordered.
Commissioner Plummer: Mr. Mayor,...
Mayor Suarez: Yes.
Commissioner Plummer: ...I have no problem with continuing a no action today,
as a matter of fact, I don't think it's even proper. But I do think that we
ought to be given the information today or...
Mr. Odio: Fine, I...
Commissioner Plummer: I have nothing. You know, this doesn't tell me a whole
hell of a lot.
Mr. Odio: No, no. I know.
Vice Mayor Alonso: Exactly. That's why I want...
Mr. Odio: No, I know. And I will provide you with that information.
Commissioner Plummer: Well, look, if my colleague would like to take and
defer the whole thing over and you supply us, to us in writing, and the union,
and everybody that wants a copy, I have no problem with that.
Commissioner Dawkins: What are we discussing? OK. But at this particular
point I have nothing except this. This is my backup.
Mr. Ron Williams: Vice Mayor, we can make all of that information available
to you and sit down and discuss it with you.
Mayor Suarez: Very good. And I don't think we need a formal motion. I think
we can just reschedule the item.
Vice Mayor Alonso: OK.
Commissioner Plummer: That's fine.
Mayor Suarez: Item 37.
219 May 14, 1992
54. DIRECT MANAGER TO CONFER WITH METRO DADE COUNTY AND TO OFFER PART OF THE
VIRGINIA KEY AREA AS AN ALTERNATIVE SITE IN CONNECTION WITH PROPOSED
CONSTRUCTION OF THE LIPTON TENNIS STADIUM.
Commissioner Dawkins: Hold it, Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: I would like to take an item out of order if possible.
Is anybody here from the Lipton Tennis Organization, because I ask that
someone be here. Well I would like to take that out of order.
Mayor Suarez: Yes, Commissioner.
Mr. Odio: And we notified the County also, in writing.
Commissioner Dawkins: OK. Well, we didn't expect them to show. As you know
there's some discussion about the Biscayne residents not wanting the stadium
on Biscayne Bay, I mean in Biscayne...
Mayor Suarez: Key Biscayne.
Commissioner Dawkins: ...Key Biscayne. I would like for the Manager to be
directed by this City Commission to offer the Virginia Key area, or parts of
it, for the Lipton Tennis Tournament Stadium, bearing in mind, Mr. Manager,
that we would have to, perhaps, preserve a part of it as a beach, which could
be built in. According to what I am thinking, if they would buy it, which
could also be built into a swimming beach complex along with the...
Mayor Suarez: Lipton Tennis.
Commissioner Dawkins: ...Lipton Tennis Courts. And if we also wanted to go a
step further, which... Yes, sir, go ahead Mr. Manager.
Mr. Odio: I need to ask something. Are you talking about...
Ms. Hirai: Cesar, use the mike.
Vice Mayor Alonso: It's included...
Ms. Hirai: The mike.
Vice Mayor Alonso: ...in the Master Plan. It is permitted.
Commissioner Dawkins: Talking about any area, Mr. Manager, that you decide
that you can give up without damaging the mangroves or whatever without
creating an environmental disaster.
Mayor Suarez: That's the ideal area. The one you're pointing to, which would
be the one closest to the causeway and with a view of the water, and rather
spectacular.
220 May 14, 1992
Commissioner Dawkins: No, no. Which ever... no, no. That's why I would like
to, Mr. Manager, direct it to you. For you to sit down and negotiate. Now...
Mr. Odio: I need another instruction here.
Commissioner Dawkins: OK, sir.
Mr. Odio: What do we expect in return? In other words...
Commissioner Dawkins: OK. What we expect 1n return is what you're going to
get as tourists, jobs and what have you.
Mr. Odio: In other words...
Commissioner Dawkins: And I would also like, for this Commission, the total
Commission, to get behind an effort. There's not a black owned hotel in
Miami. And we could tie in the whole area, and get one of the chains to work
with us, to develop an all suite hotel around this complex. And that's what I
would expect to get in exchange.
Mr. Odio: So in other words I am authorized to...
Commissioner Dawkins: Negotiate the whatever is best for the City of Miami.
Mr. Odio: ...and let them build the complex there...
Commissioner Dawkins: Ah, huh.
Mr. Odio: ...at no cost to them. OK. I understand.
Vice Mayor Alonso: Money is available from the County.
Mr. Odio: They have the money to build the stadium.
Mayor Suarez: You better believe it.
Vice Mayor Alonso: Yes, yes.
Mr. Odio: They have the money.
Vice Mayor Alonso: And to...
Commissioner De Yurre: At no cost?
Vice Mayor Alonso: inform us.
Commissioner De Yurre: We have to gain... The thing is start negotiating
because over a year ago, and I concur with Miller, because I think it's a
logical thing to do, particularly when Lipton has said, and the whole
organization has said, that we will play, we will stay in the Miami area
provided we stay somewhere on the Key. And they will not play in northwest
Dade. They will not play anywhere else. It's either the Key or they move out
of the area. So, over a year ago when this whole law -suit began, and the
221 May 14, 1992
r
whole mess began, I went before the County Commission and I offered the same
thing that Miller is proposing here, which I think it's an excellent idea.
And what they were looking for was probably the land closest to the runway to
be used for the development.
Mayor Suarez: Otherwise you get a lot of traffic going through there. The
environmentalist are going to have fits.
Comm ssloner De Yurre: Because it has to be close to parking, which is an
issue. Which 1s why they like it where it is right now, because they have the
parking across the street on the Crandon side.
Commissioner Plummer: No. They are parking now where they proposing to put
the stadium.
Mr. Odio: But we also... we can provide if we... if they like the idea.
Commissioner De Yurre: No. I am talking to J. L.
Mr. Odio: Here you can tie this area to the parking in the Marine Stadium
also.
Commissioner De Yurre: Well, that's the whole thing. How many parking spaces
to we have there in the Marine, about 2,000?
Commissioner Plummer: Question. Does the Corolla? Amendment come into play?
Mayor Suarez: That's a governmental facility. It would be owned and operated
by us.
Commissioner Dawkins: By the City.
Commissioner De Yurre: Well, I tell you what. I do expect to get something
in return.
Commissioner Plummer: No, no. The question I am asking. This is no
different than the Grand Prix.
Vice Mayor Alonso: Exactly.
Commissioner Dawkins: Yes it is.
Commissioner Plummer: And I am asking is the fact that Danny Paul is raising
the fact that there might be a lease instead of a license.
Commissioner De Yurre: J. L., there's a difference with the Grand Prix
because we are dealing with Ralph Sanchez. If we were to lease the land to
the County and the County were to negotiate the nine million dollars
($9,000,000.00) with Ralph and the City, that would be the same scenario as
this one. That's not exactly what we have right now going on. But that may
be the way we end up doing it to accomplish what we want to accomplish.
Commissioner Plummer: OK. I am just asking the question.
222 May 14, 1992
E.
Commissioner Dawkins: Mr. Luft.
Mr. Odio: May I ask the Commissioner then...
Mayor Suarez: Commissioner Dawkins. Yes.
Commissioner Dawkins: Go ahead, Mr. Manager.
Mayor Suarez: Go ahead, Mr. Manager.
Mr. Odin: Commissioner Dawkins, why don't you negotiate with me. I want... I
am trying to listen to this...
Mayor Suarez: Yeah, it's...
Commissioner Dawkins: OK. No problem. No problem. I would be glad to. You
and I.
Mr. Odio: My idea might differ from what... because I think the Lipton is a
great even for the City and I...
Commissioner Dawkins: OK. We both agree. We agree on that.
Vice Mayor Alonso: We all agree.
Mayor Suarez: Yeah. Commissioner should be involved in the negotiations and
as incoming chairman of the authority...
Commissioner De Yurre: I would suggest to the Mayor that he appoint
Commissioner Dawkins
Mayor Suarez: Yup.
Mr. Odio: OK. Commissioner, whatever...
Commissioner Dawkins: The Mayor ... see?...the Mayor can't appoint Commissioner
Dawkins...
Commissioner De Yurre: ...to negotiate this thing.
Commissioner Dawkins: ...three Commissioners up here must appoint
Commissioner Dawkins.
Mayor Suarez: All right we have a consensus that we should have Commissioner
Dawkins heading the negotiations...
Vice Mayor Alonso: Yeah.
Mayor Suarez: ...and the Manager give him all the support needed.
Commissioner Plummer: I don't know about that.
Commissioner Dawkins: OK. But before we go one step further. One question,
Mr. Manager, through you to Jack Luft. Jack Luft you work on this every day.
223 May 14, 1992
Do you see any problems, environmentally wise, with this piece of
paper... property?
Mr. Jack Luft: The only issue we have to be careful of is the Coastal
Construction Control Line which 1s a federal line which you cannot build
seaward of,...
Mayor Suarez: How may feet is it typically in that...
Mr. Luft: ...and the federal flood criteria. You can overcome those. It
takes a little more construction effort to do that. You have to...
Mayor Suarez: Well, the flood criteria you just go up a little bit...
Mr. Luft. ...build in some things.
Mayor Suarez: ...but the...
Mr. Luft: Yeah. You also...
Mayor Suarez: ...the coastal line. How many feet does it come in. Do you
know? Is there enough acreage left beyond the pink area?
Mr. Odio: Yes.
Commissioner Dawkins: Turn it around. Turn it around so... Turn it around so
they can see.
Vice Mayor Alonso: Oh, yes. Yes.
Mayor Suarez: About 30 acres are still left. Yeah.
Mr. Odio: More than enough.
Mayor Suarez: You might want to show it to the general public.
Commissioner Dawkins: General public. Tell them what the pink area is.
Commissioner Plummer: What is Lipton using presently? Do you know?
Mayor Suarez: Lipton is functioning with a lot less than 30 acres. Yes. It
is perfectly in accordance with our Master Plan as far as we can tell.
Commissioner Dawkins: Well, is that right, Jack? It is consistent with our
Master Plan.
Commissioner Plummer: Mr. Mayor, let me ask one question, if I can. And I
don't want to throw a monkey wrench but I think in all fairness to what is
going...
Mayor Suarez: By the Way, Commissioner, if I may. I said would the Master
Plan, for that area we are talking about close to the causeway. The moment
you begin to talk about the other areas we got critical wildlife preserves,
we've got environmental problems all over the place, and I meant to...
224 May 14, 1992
Mr. Luft: I don't ... you know... I am going to go whereever the Manager wants
me to go. We'll work it out according to his wishes.
Vice Mayor Alonso: According to our Master Plan, we ample space...
Mayor Suarez: Wait. I interrupted Commissioner Plummer. I am sorry,
Commissioner.
Commissioner Plummer: Are we being fair to the County where this matter is on
with them for appeal? Mr. Manager. Mr. City Attorney, really. Mr. City
Attorney, I don't want to throw a monkey wrench into the County where they are
appealing, by virtue of anything that we may do here. Do you feel that by any
way, our action here today, would interfere with the County pursuing what they
feel is the right action for them to take?
Mr. Jones: That's a loaded... it depends on what action you plan on taking.
Commissioner Plummer: It's not a loaded question. I am just...
Mr. Jones: Yes, it is.
Commissioner Plummer: No, sir. It's... I am asking... I surely would hate to
put the County 1n jeopardy, you know, because, look, they've already spent,
according to what I am told,...
Commissioner Dawkins: You know.
Commissioner Plummer: ...there's five million...
Commissioner Dawkins: J.L., let me cut you off because I can't let you go any
further with this.
Commissioner Plummer: OK.
Commissioner Dawkins: OK. The judge has told the County at the beginning not
to do this.
Commissioner Plummer: And I agree with that.
Commissioner Dawkins: All right. And then the judge came back and told them
to stop.
Commissioner Plummer: I agree with that.
Commissioner Dawkins: And then the judge came back today and had to tell them
to stop.
Commissioner Plummer: I agree with that.
Commissioner Dawkins: This is the same situation, whether you believe it or
not, that happened with Joe Robbie Stadium. Some black people said, "we don't
want Joe Robbie Stadium."
225 May 14, 1992
Commissioner Plummer: Did you read this morning's Herald?
Commissioner Dawkins: They continued to build and by not having the
sophistication up there that you got on Key Biscayne, they were allowed to
continue to build and then the ended up with Joe Robbie Stadium. They are not
going to, in my opinion, end up with a tennis stadium over there, especially
when the deed restriction says it must remain public property.
Commissioner Plummer: My good colleague, I don't disagree with a thing you've
said. And I have said from day one that the deed was clear to me. But also
what we must recognize is the fact that the County is oing to appeal. We
must recognize that the County has five million dollars ( 5,000,000.00) in the
ground right now. OK.
Commissioner Dawkins: OK.
Commissioner Plummer: All I am saying to my City Attorney and my
Administration, that's part of my money that I don't want to put their appeal
in jeopardy, and I don't want to interfere with their legal, administrative
process, by any action I might take here today.
Commissic:aer Dawkins: I am only offering Virginia Key as an alternate, if
nothing else works J.L.
Commissioner Plummer: No. You...
Mayor Suarez: Not to interfere but to actually help them out.
Commissioner Dawkins: We...
Mayor Suarez: And the community.
Commissioner Dawkins: We, in the City of Miami, feel that it is a necessity.
We, in the City of Miami, feel that it would be a boom to tourists and what
have you. Now, in the event that the judge says that it cannot be built over
there, which he's already said, all I want the Manager, and I will go with
him, sit down, talk with them, if they're interested, then let's proceed.
They may not even want to go on Virginia Key, J.L.
Commissioner Plummer: I merely asking the question. That's all.
Commissioner Dawkins: I am merely trying to answer them.
Commissioner Plummer: And I'll ask the City Attorney to answer.
Commissioner Dawkins: Well, I am not the City Attorney. Go ahead, Mr. City
Attorney.
Mr. Jones: Commissioner, I am not aware of anything, legally, that would pose
an impediment to any court action, but, of course, I would, at least, like to
have the opportunity to confirm with the County Attorney. They may feel
otherwise. But I think it would be totally unrealistic to think that if you
took any action today, that it may not, in deed, impact on the litigation.
That's the best answer I can give you.
226 May 14, 1992
Mayor Suarez: All right.
Commissioner Plummer: I think that can be done in concurrence with the same
time as when the Manager 1s going through that process over there.
Mayor Suarez: Do we need a motion on that? Or was there motion...
Commissioner Dawkins: That's a motion, sir.
Mayor Suarez: That's a motion. Do we have a second?
Vice Mayor Alonso: And I second.
Commissioner Plummer: Then he can check with the County Attorney.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-324
A MOTION DIRECTING THE CITY MANAGER TO MEET WITH
METROPOLITAN DADE COUNTY OFFICIALS CONCERNING MAKING
AVAILABLE VIRGINIA KEY BEACH, OR PARTS OF VIRGINIA KEY
BEACH, FOR CONSTRUCTION OF A NEW LIPTON TENNIS STADIUM
AS AN ALTERNATE SITE TO THE ONE PRESENTLY IN USE AT
7300 CRANDON BOULEVARD, IN KEY BISCAYNE; SUBJECT TO
THE APPEAL JUDGE DECISION THAT THE PRESENT SITE CAN NO
LONGER BE USED BY THE COUNTY FOR SAID PURPOSE
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I think it would be a godsend to this town if we do.
Commissioner Dawkins: That's yes or no?
Commissioner Plummer: That's a yes, sir. A big yes.
Vice Mayor Alonso: That's a yes.
227 May 14, 1992
*1
U
55. DIRECT MANAGER TO EXPLORE POSSIBILITY OF APPLYING FOR NEWLY -APPROVED
STATE STADIUM SUBSIDIES.
Commissioner Plummer: Mr. Mayor, if we can believe anything... Mr. Manager,
listen to this please. If we can believe anything we read in the Jorge Mas
Morning Journal. This morning it had an article that the JRS (Joe Robbie
Stadium) has applied to the State of Florida for sixty million dollars
($60,000,000.00) for JRS. They're saying... I understand that. They are
supposedly in response that they can only get 10, but the State money is for
the attracting of franchises.
Mr. Odio: Remember they pass a law three years ago.
Commissioner Plummer: OK. Listen to me now.
Mr. Odio: ... that you could bring baseball you get a 10 million...
Commissioner Plummer: No, no, no. According to what I read it is attracting
franchises, which we've done with the soccer league. Can we apply for the
renovations of the Orange Bowl under that State money? -...
Mr. Odio: That's exactly what we did.
Commissioner Plummer: ...To come back over that 17 million dollars
($17,000,000.00) that we've spent.
Mr. Odio: No, what we did is apply for those monies. That's in professional
tax monies we're getting for the Orange Bowl is because we have a soccer
franchise.
Commissioner Plummer: This is a different fund, Mr. Manager.
Mr. Odio: That other fund was strictly for baseball.
Commissioner De Yurre: But that was a... for the first city to get...
Mr. Odio: To first...
Commissioner De Yurre: ...an expansion team...
Mr. Odio: That's correct.
Commissioner De Yurre: ...to get 15 million and then they could get the sales
tax.
Commissioner Plummer: Excuse me, Victor, I am very much aware of that.
Mr. Odio: Oh, we can try.
228
May 14, 1992
Commissioner Plummer: ...What I am saying to you is the article this morning
said that any sports franchise.
Mr. Odio: Well, no, they're wrong.
Commissioner Plummer: OK.
Mr. Odio: I think they're wrong. They're two sports tax, Commissioner
Plummer,...
Commissioner Plummer: I am saying if there's money there go after it.
Mr. Odio: ...one the one we got the money for the Orange Bowl.
Commissioner De Yurre: Hey, explore it.
Mr. Odio: Let's explore... I'll look at it.
Commissioner Plummer: Sixty million to bail them out. Incredible. The
article said ten.
56. APPOINT CARL GOLDFARB TO REPORT BACK TO THE COMMISSION CONCERNING
NEGOTIATIONS WITH METRO DADE COUNTY ON THE PROPOSED ESTABLISHMENT OF A
PERMANENT RACETRACK FOR THE MIAMI GRAND PRIX IN A PORTION OF
BICENTENNIAL PARK AND THE FEC PROPERTY.
Vice Mayor Alonso: Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor Alonso: When Commission Miller Dawkins comes back I would like to
bring an item, and it was mentioned a few minutes ago, and it's in relation to
the appointment of Commissioner De Yurre that you made to represent all of us
in negotiations with the Port of Miami and the County for the FEC (Florida
East Coast) Bicentennial Park. It is my understanding that even though it has
been a policy of this Commission, in the past, in fact, the Mayor does not
have the power to appoint a person to represent the Commission in transactions
like this. I would like to get clarification from the City Attorney. He told
me so. And I would like him to put this on the record. And I also feel that
it's not appropriate for a member of this Commission to represent us, and only
should be the City Manager on the basis that we would like to be informed
constantly. We will have to call them to a special meeting in order to
receive the information because of the Sunshine Law, so I think it's much more
appropriate that the City Manager conduct this negotiation and any other thing
might be tainted with misconception, and for me, I don't want, as a
Commission, to give up my right to be involved if I feel that I should be. We
never took a vote in the Commission as the desire of the entire body, and I
feel it's not appropriate that one of us represents an issue that's so
sensitive that could end in court. That so much is going to be said. It's
one of the most valuable pieces of land in the State of Florida, and I don't
229 May 14, 1992
i% 0
think it's appropriate. But first I would like to hear form the City Attorney
because he told me that was the case.
Mr. Jones: Madam Vice Mayor, in anticipation that this issue might come up I
did prepare, or have prepared an opinion and essentially without reading it,
and certainly I'll execute it and make copes available to you. What the
opinion basically says is that Section 4G of the Charter specifically --
addresses the powers and duties of the Mayor. Which essentially says that the
Mayor shall preside at meetings of the Commission and perform such other
duties consistent with his office and this Charter as may be imposed by the
Commission. He shall be recognized as the official head of the City for all —_
ceremonial purposes, by the courts for the purpose of serving civil process,
and by the government for military purposes, in time of public danger
emergency he may, with the consent of the Commission, take command of the
police and maintain order and enforce the laws. During his absence or
disability his duties shall be performed by another member appointed by the
Commission. The opinion goes on further and makes note of an Attorney General =
opinion which basically sets forth that a Mayor's power are derived from and =
depend entirely on the Municipal Charter. The Mayor possesses only those _-
powers expressly granted or necessarily implied there - from. The opinion
goes on further to basically say that if the actions, for whatever reason, can =
be deemed of a ceremonial nature in a sense that they are nonbinding on the
City and subject to review and action by the City Commission, the appointment
of a representative or a surrogate to act on his behalf could be, and I said
could be, could be interpreted as an implied power as noted in the AGO
opinion. I finally come to the point of saying that, or addressing the fact,
which you have already stated on the record. Notwithstanding this, there has
been a Commission precedent over the years that I've been made aware of where
the individual, an individual appointment, or appointments, or committees, =_
have been set up or put in place by the Mayor or previous Mayors. So to
summarize your question, yes, the Charter does provide, specifically, what the _
enumerated duties and powers of the Mayor are. Secondly, if for whatever
reason, this particular activity could be deemed ceremonial, nonbinding, and
having to come back. That could be an interpretation of an implied power.
That's basically...
Vice Mayor Alonso: Bottom line is oat he does not have the power to... ah,
he can appoint a person...
Mr. Jones: There's...
Vice Mayor Alonso: ...to represent himself but not us.
Mr. Jones: There is no expressed designation in the Charter, however, again,
I point to the AGO opinion, which talks about implied powers.
Mayor Suarez: Within the constraints of the opinion that you have just
rendered, to the extent that anybody understands it, because it's complex. I
stick to my appointment and expect that tie will certainly function in that
capacity.
Commissioner Dawkins: What item are we on?
230 May 14, 1992
Vice Mayor Alonso: Yes, but it will be in implication that is representing
only the Mayor. Is that understood?
Commissioner Dawkins: Beg your pardon.
Mayor Suarez: No ma'am, no ma'am, not at all.
Vice Mayor Alonso: Weli.
Mayor Suarez: Within... as I stated within the constraints of what the City
Attorney just enunciated, I stick by my appointment. That's what I said.
Interpret it any way you want.
Vice Mayor Alonso: Well, yes, and I want then the City Attorney to respond.
Mayor Suarez: I think he did already amply, but if you want him to respond
again I am sure he is willing to respond again. All right.
Commissioner Dawkins: What. What.
Vice Mayor Alonso: He has... yes, yes I do. I do. I do. I do.
Commissioner Dawkins: Wait a minute. I was out. What is the question?
Vice Mayor Alonso: It's in reference to the memo that the... Mr. Mayor sent
appointing Commissioner De Yurre to represent the Commission on the
discussions negotiations, with the Port of Miami and Metropolitan Dade County
for the improvements FEC (Florida East Coast).
Commissioner Dawkins: OK. That's good enough. OK. Now what's the matter...
What's your interpretation of the Charter?
Mr. Jones: Commissioner Dawkins, I pointed out expressly the language of the
Charter which enumerates the duties, the expressed duties, of the Mayor.
Commissioner Dawkins: Read it to me. I just got here.
Mr. Jones: "Powers and duties of the Mayor. Mayor shall preside at meetings
of the Commission and perform such other duties consistent with his office,
and this Charter, as may be imposed by the Commission."
Commissioner Dawkins: Hold it now.
Mr. Jones: OK.
Commissioner Dawkins: As may be imposed by the Commission, right?
Mr. Jones: Yes.
Commissioner Dawkins: That's all five of us, right?
Mr. Jones: That's the Commission.
Commissioner Dawkins: OK. Go ahead now. Read on.
231 May 14, 1992
Mr. Jones: "He shall be recognized as the official head of the City for all
ceremonial purposes."
Commissioner Dawkins: Now. He shall be recognized as the official head for
ceremonial affairs, right? _
Mr. Jones: Yes.
Commissioner Dawkins: OK. Go ahead.
Mr. Jones: "By the courts for the purpose of serving civil process, and by
the Governor for military purposes. In time of public danger or emergency, he
may, with the consent of the Commissioners, take command of the police and
maintain order and enforce the laws. During his absence or disability, his
duties shall be performed by another member appointed by the Commission.
Commissioner Plummer: Not necessarily the Vice Mayor.
Mr. Jones: Not necessarily.
Vice Mayor Alonso: No. A member of the Commission.
Commissioner Plummer: I'll be damned.
Mr. Jones: Yeah.
Commissioner Dawkins: Now.
Mr. Jones: Now.
Commissioner Dawkins: Now where does that say that the Mayor has the
authority to appoint people to a board, I mean to a commission?
Mr. Jones: Commissioner, it doesn't say that, and as I'll reiterate...
Commissioner Dawkins: OK. That's all I asked you. Go ahead. No problem.
Mr. Jones: OK. I'll reiterate what I expressed before was the fact that the
expressed powers as set forth, however, since you were out do be mindful that
the Attorney General has opined that the Mayor's powers, and I'll repeat, that
the Mayor's powers are derived from and depend entirely on the Municipal
Charter. The Mayor possess only those powers expressly granted, or
necessarily implied therefrom. Now that I indicated to you was that if
this... if the Mayor's appointment is for whatever reason, or can be
interpreted as ceremonial to the extent that it is nonbinding on the City and
is subject to Commission review, and final action by the City Commission, one
could reasonably interpret this to mean that it is an implied power that the
AGO speaks of. Being mindful, also, of the fact as Madam Vice Mayor pointed
out, at the outset, that there is some precedent established before this
Commission in terms of... During the tenure of previous Mayors following this
practice of making appointments.
Commissioner Dawkins: How did they do that? The previous Mayors.
232 May 14, 1992
Mr. Jones: I am aware... I not aware of any specific incidents but I am told
that there have been times, and I wish I could point specifically to you, but
I can't.
Commissioner Dawkins: OK. OK. All right. This is permissible if the
Mayor... and the Mayor makes it, and usually three votes confirm it. The
Mayor cannot, in my opinion, just arbitrarily assign someone. He can... Now a
master at that was Maurice Ferre. Maurice Ferre would set up a committee.
Put three people on it, what he know would control it, and come tell each of
the Commissioners give me somebody to go on this committee. And that's the
way he did it. But I would rather see, me personally, the Mayor make his
recommendations, get three votes, and let it be an action of this Commission
so that we know that we're within and... I don't know. Because I am just as
confused. I more confused after hearing you read that then I was before I
read it.
Vice Mayor Alonso: Yes, because...
Commissioner Dawkins: You see, but there again, you have ruled that the Mayor
is correct in doing so.
Mr. Jones: Commissioner, what I have said to you. I've given you two
scenarios. I've given you expressly what the Charter provides, and you asked
a question essentially as I was reading, whether it made any reference to the
Mayor being able to appoint such a representative. What I've told you is that
a reasonable interpretation that one could make, as noted by the Attorney
General in terms of implied powers, implied being implicit in the nature of...
Commissioner Dawkins: Where did he make that determination, and in what case
and why?
Mr. Jones: Why did he make?
Commissioner Dawkins: Yeah, yeah. You're citing me case law, and you are
Just citing me the results of the case law. You're not telling me what led up
to the... what the case was that rendered the decision. You're not telling me
that.
Mr. Jones: The case, as I remember, I don't have the specific case before me
but it involved a City up in...
Commissioner De Yurre: Winter Haven.
Mr. Jones: Winter Haven wherein the Council, or should I say, the... I think
it was the Council, the City Council or the Mayor had the power to, under
their Charter, to make certain appointments of certain other Councilpersons,
whatever, for the City of Winter Haven. And in so viewing the particular
Charter that was in question the court noted, and took into consideration,
what, in fact, the Charter provided there. And this is where I take the
statement from where the Attorney General opined as the court opined in this
case that...
233 May 14, 1992
Commissioner Dawkins: In that Charter did it say that the Mayor`s, the title
of Mayor, was strictly ceremonial?
Mr. Jones: No.
Commissioner Dawkins: Did it say that?
Mr. Jones: No.
Commissioner Dawkins: Did it say that in that law? In that Charter?
Mr. Jones: Commissioner. Commissioner, the provisions of that Charter were
different here. I am only making...
Commissioner Dawkins: Thank you. No further questions.
Vice Mayor Alonso: Negotiations, to me, of probably the most valuable land in
the State of Florida is not ceremonial at all. Is it.
Mr. Jones: Commissioner, Madam Vice Mayor, I have not, at any point and time,
said that they were ceremonial. What I said to you is that one interpretation
could be made that to the extent... to the extent that what his appointee or
representative would be doing...
Vice Mayor Alonso: His. You're stressing his.
Mr. Jones: Commissioner. OK. The person that he appointed, on behalf of the
Commission. OK. To the extent that it could be deemed as nonbinding in any
action that may result as a result of negotiations, whatever, have to come
back to this Commission for final approval. It could be interpreted as an
implied power. That's all I've said. I am not saying that it, in fact, is
ceremonial. I am simply saying that that's one interpretation of an implied
power.
Commissioner Plummer: Look, let's quit beating around the bush. Mr. City
Attorney, you know every facet of what's going on. You know where the board
is. You know what the negotiation may or may not be. Did the Mayor have the
authority or did he not? Period, Amen.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Hello.
Vice Mayor Alonso: Yes.
Mr. Jones: Hello.
Commissioner Plummer: 1 am not calling collect.
Mayor Suarez: He's a lawyer. He's going to restate everything he has stated.
Commissioner Plummer: No, I don't what it restated.
Vice Mayor Alonso: No, no. We need an answer.
234 May 14, 1992
Commissioner Plummer: Either the Mayor had the authority to do what he did,
or he did not. And I am asking the City Attorney. It's a legal...
Mayor Suarez: He has already outlined the constraints of the power of the
Mayor.
Vice Mayor Alonso: And we need an answer.
Commissioner Dawkins: Hey, J.L. Plummer wants...
Mayor Suarez: He's a lawyer. He's never going to answer yes or no to
anything.
Mr. Jones: I mean...
Commissioner Plummer: His replacement might.
Mr. Jones: Well, fine.
Commissioner De Yurre: Let me say, Mr. Mayor, that one thing, if we go by
implied powers, is things that happen and, historically, are granted to
certain individuals, and there have been numerous cases when, for example,
when Maurice Ferre appointed Joe Carollo, unilaterally, without any Commission
vote to represent the City in negotiating to bring the Super Bowl to the City
of Miami. And that was one example. And like that there are about three or
four, that if this weren't coming as a surprise kind of item, talk about
emergency items or pocket items, I have all the backup. The City Clerk's
office has all the minutes on numerous occasions wherein this has happened
previously. So, certainly, if it's not granted by Charter it's there by
implied power because it's happened historically.
Mayor Suarez: All right. What 1 had said when you stepped out, Commissioner,
so that we wouldn't get into this debate, in a prolonged way, is that to the
extent that it was constrained by the opinion of the City Attorney, my
memorandum, I accepted all the constraints that he expresses. It may be,
depending on how you read what he said, that the basic designation is to
negotiate strictly on my behalf, and, of course, even my vote is conditioned
on my approving what he negotiates. There are situations where it's almost
impossible to function, and you would almost have to have an implied power to
do this, for example, in dealing with another jurisdiction with Dade County
and I have acted on that implied power this week in appointing Commissioner
Dawkins to meet with some County officials as to the possibility of the
promulgation of a food and beverage tax. Also when you send someone on a
particular trip to try to attract some facility to Miami or some event I think
that one kind of qualities as ceremonial. The Vice Mayor has made very clear,
that for her vote, and possibly your vote, and possibly Commissioner Plummer's
vote, they're going to want to, she's going to want to have specific
briefings, all along the way, before she's expected to approve anything that's
recommended in any event, and those briefings may come from the Manager...
Vice Mayor Alonso: From the Manager.
235 May 14, 1992
r
Mayor Suarez: Right. And, ah, but it's not precluded that a Commissioner,
who himself has some ideas of what might fly with the County would also make,
would also brief this Commission, and so there he serves that role also as
liaison with the sister jurisdiction. I don't know what we're arguing about,
folks. The...
Vice Mayor Alonso: I have no problem for him attending the meetings
Mayor Suarez: Yeah, that's...
Vice Mayor Alonso: ...if he feels that's his desire and your appointment.
Mayor Suarez: I deem it to be understood that way. I don't think...
Vice Mayor Alonso: What I don't...
Mayor Suarez: ...we should argue about this all day. We have other matters
here.
Vice Mayor Alonso: Yes, Mr. Mayor, but if I may...
Mayor Suarez: If you want to test it in court you can test it in court.
Vice Mayor Alonso: Yeah, but...
Mayor Suarez: But I don't think it's worth it.
Vice Mayor Alonso: Mr. Mayor.
Mayor Suarez: I wouldn't think we have a basic disagreement here.
Vice Mayor Alonso: Let me finish please. What I don't think is appropriate,
since we are talking about land that is so valuable as FEC Bicentennial Park,
such an important piece of land. I don't think that we should be giving the
power to a member of this Commission to go through these negotiations. I
think it should be the duty of the City Manager and to keep each and every one
of us informed of the negotiations. Any other...
Mayor Suarez: I think it could be a parallel process.
Vice Mayor Alonso: ...activity...
Mayor Suarez: I don't think one thing takes away from the other.
Vice Mayor Alonso:...I think it's not appropriate. And that's why I am
bringing this issue...
Mayor Suarez: I respect your views on it.
■
Vice Mayor Alonso: ...to discussion.
Mayor Suarez: I respect your views on that. Commissioner Dawkins.
236
1
May 14, 1992
Commissioner Dawkins: I make a motion that Miller Dawkins be allowed to
appointment somebody to that committee to report back to him.
Mayor Suarez: You want to set up a committee?
Commissioner Dawkins: No. No, no. I want to appoint a person that will be
responsible for reporting back to Miller Dawkins and must attend these
meetings. I would like to...
Vice Mayor Alonso: Yes, I second the motion...
Mayor Suarez: Moved and seconded.
Vice Mayor Alonso: ...and I also like to appoint one for myself.
Mayor Suarez: So the implication of the motion then is that we would set up a
group of individuals to do the negotiations?
Commissioner Dawkins: No. No.
Vice Mayor Alonso: No. He's doing one and I am requesting...
Commissioner Dawkins: No. One individual for me...
Mayor Suarez: You can do that any time. You don't need a motion from this
Commission.
Commissioner Dawkins: Victor De Yurre already represents you.
Mayor Suarez: You don't need a motion from this Commission to do that. You
can do that anytime you want.
Commissioner Dawkins: OK.
Mayor Suarez: After ...
Commissioner Dawkins: I can do that. OK. I put Carl Goldfarb on there.
Mayor Suarez: All right.
Commissioner Plummer: I thought you were going to put Danny Paul.
Commissioner Dawkins: No.
Mayor Suarez: The Vice Mayor appoints Joe Tanfanny and we're then were set.
Vice Mayor Alonso: No I think Carl Goldfarb can do a good job.
Mayor Suarez: All right. So moved and seconded. All in favor.
Commissioner Dawkins: Call the roll. Madam Clerk.
Mayor Suarez: What is the motion?
237
May 14, 1992
Vice Mayor Alonso: To appoint Carl Goldfarb.
Commissioner Dawkins: Carl Goldfarb is my appointee to the board who reports
back to me.
Commissioner Plummer: Conflict of interest.
Commissioner Dawkins: What?
Commissioner Plummer: Conflict of interest.
Commissioner Dawkins: Why?
Commissioner Plummer: He works at the same location in this City and he has a
vested interest 1n what happens next door. That's a conflict of interest.
Obvious.
Commissioner Dawkins: No it's not.
Commissioner Plummer: It is to me.
Commissioner Dawkins: OK. That's your opinion. OK. Call the roll. That's
your...
Mayor Suarez: So moved. Do we have a second on that motion?
Vice Mayor Alonso: Yes.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Commissioner Plummer: Who?
Mayor Suarez: Goldfarb.
Commissioner Plummer: Does he live in the City?
Commissioner Dawkins: He works in the City.
Vice Mayor Alonso: I think he does.
Commissioner Plummer: Is he a qualified voter?
Commissioner De Yurre: He lives in the park.
Commissioner Plummer: He lives in the park.
Vice Mayor Alonso: Yes, Coral Way.
Commissioner Plummer: Wait a minute. Where is he? Where is he?
Vice Mayor Alonso: Coral Way.
Mayor Suarez: Um. Commissioners, We're going to end discussion on this item
which was not scheduled. If you want to take a vote on that motion if...
238 May 14, 1992
Commissioner Dawkins: Yes, sir, I do.
Mayor Suarez: ...you're entitled to it. Regardless of the rationality of it
or not, and so we will cal the roll, and move on to the next item.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-325
A MOTION APPOINTING CARL GOLDFARB AS A REPRESENTATIVE
TO ACT ON BEHALF OF BOTH VICE MAYOR ALONSO AND
COMMISSIONER DAWKINS TO INFORM SAID PARTIES IN
CONNECTION WITH THE PROPOSED ESTABLISHMENT OF A
PERMANENT RACETRACK FOR THE MIAMI GRAND PRIX IN A
PORTION OF BICENTENNIAL PARK AND THE FEC PROPERTY;
FURTHER CLARIFYING THAT SHOULD THE APPOINTMENT BE
ACCEPTED, THEN MR. GOLDFARB WOULD BE REQUESTED TO
REPORT BACK TO THE CITY COMMISSION ON THE STATUS OF
ANY NEGOTIATIONS BETWEEN THE CITY AND COUNTY
CONCERNING THE ABOVE PROJECT.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
NOES: Mayor Xavier L. Suarez
ABSENT: Commissioner J. L. Plummer, Jr.
COMMENTS MADE DURING THE ROLL CALL:
Mayor Suarez: Absolutely, and under no conditions, no, do I want Mr. Goldfarb
to negotiate anything for me.
239 May 14, 1992
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57. AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) FOR A UNIFIED
DEVELOPMENT PROJECT (UDP) FOR DEVELOPMENT OF MARINE ACTIVITIES, WHICH
MAY INCLUDE A RESTAURANT WITH WATER -DEPENDENT USE, ON CITY -OWNED
RIVERFRONT LAND ON THE MIAMI RIVER (BETWEEN S.W. 2 AND 3 STREETS ON S.W.
NORTH RIVER DRIVE) -- AUTHORIZE SELECTION OF CERTIFIED PUBLIC ACCOUNTING
FIRM AND APPOINTMENT OF A REVIEW COMMITTEE.
------------------------------------------------------------------------------
Mayor Suarez: Item 37.
Mr. Jack Luft: Mr. Mayor, members of the Commission.
Mayor Suarez: Yes.
Mr. Jack Luft: This is authorization to issue an RFP (Request For Proposals)
for proposals to develop a point seven acre parcel adjacent to the I-95 river
crossing. It's a piece of City land. It is currently used by the Garcia
brothers. It's a little fishery operation and we would like to see the
potential development of that site for waterfront, water related uses, perhaps
restaurant and boating activities.
Mayor Suarez: All right.
Vice Mayor Alonso: I so move.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion?
Mr. Manuel Gonzalez-Goenaga: Yes.
Mayor Suarez: Go ahead Mr. Gonzalez-Goenaga. Make a brief statement sir.
Mr. Gonzalez-Goenaga: Well, distinguished Commissioners and Captains of ship
of fools.
Commissioner Plummer: Of what?
Mr. Gonzalez-Goenaga: I have been here with the patience of Job for all day
long and I have been advised that I will be able to speak my mind after four
o'clock because I have been very disruptive, always, in the City of Miami
Commission meeting. Yet, it's five thirty-one and I haven't said a word. Now
it's my turn. The Mayor represented to me this morning that I will be able to
speak in the items that I want to mention after four o'clock. Well it's five
thirty. I am going to make a comprehensive statement by the following saying,
quote, and I hope you employees of the citizens understand. You Commissioners
and the Administration including Cesar do not own the City. You are just
employees of the citizens. You represent the government and government like
trees start to decay from the top down. And remember regarding all these 60
240 May 14, 1992
-0 a
pages of giving away money and resolutions and resolutions. A small leak can
sink a great ship. And this agenda and the... every other Thursday agendas
they are too many small leaks, and this, the City of Miami, is not a big ship.
So with these words I hope you understand -because you are not in first grade -
what I am my words I am trying to say. I am going to be a little more
specific now. Everything that matters here regarding the Police Department is
dollars and cents. But my fellow citizens the human factor is never mentioned
here. What we need is not policemen that earn fifty-seven thousand dollars
($57,000.00) a year, to harass citizens. What we need is policemen that earn
maybe less, but do a little more. At least have some kind of education of
human psychology to treat the individuals differently. Let's forget... there
were two sides, and look at the names they use. Fraternal Order of Police,
they are not so fraternal with some of the citizens, and I am not a drug
dealer, I am not a criminal, yet I've been treated worse than a drug dealer or
a criminal. I can assure you. I am not going to go into the details today.
Futhermore, we only talk about a settlement. Another name of the police.
Fraternal and Benevolent Police Association. I've never seen a police
department ... a benevolent. So that's a misnomer, but, here we are in front of
a mockery when I come with good suggestions it's a fait accompli. They
already know. And sometimes they work under the table. They don't even
notify some of the Commissioners who might be the minority, but those are the
Commissioners who are in direct contact with the community, of course.
Everything is with three votes here, and let me tell you, Commissioners, I am
embarrassed to live in Miami. With this type of government where there is
even terrorism, but it's not with Uzi guns. There is terrorism of the media
where everything is done in a conspiracy to prevent the basic first amendment
of the constitution of the of the United States, freedom of speech. And it
has been extended here to this Commissioner, gag order. And let me tell you,
and citizens who are from the island of Cuba. I don't see a good future in
the way democracy...if the way it's been practiced here is going to be
practiced in Cuba. And now we have another problem. The King Arthur's Round
Table. And I don't know if now some of these Commissioners are marionettes of
these King Arthur's Round Table where Mr. Odio and Mr. Avino are members with
some powerful, and I think sometimes, gangsters from this town. Because some
of these people make so much money and I don't know that there is a printing
press or petroleum wells in the City of Miami. And these... everything is done
and nobody notices. And, now, the Mayor is part of the Emperor. Even though
he's not in the King Arthur's Round Table with Mr. Odio and Avino.
Commissioner Plummer: He's at a square table.
Mr. Gonzalez-Goenaga: We, and I am going to
this type of government whereby you cannot win
this Commissioners to get closer to the peopl
Mayor Suarez: All right, ah...
e
Mr. Gonzalez-Goenaga: I saw this morning people here who have been indicted
criminally and where going to talk before this Commission.
241 May 14, 1992
V -0
Mayor Suarez: Mr. Gonzalez-Goenaga wrap up your comment. You've exceeded the
time 1n the Code, not to mention the patience of the audience. the Commission
and the society at large.
Mr. Gonzalez-Goenaga: Well, maybe they are more interested in hearing what's
behind the curtain than you.
Mayor Suarez: Finish you comment, sir.
Mr. Gonzalez-Goenaga: Let's talk.
Mayor Suarez: So far there been no relevancy to almost anything we're doing —
today that I can tell but...
Mr. Gonzalez-Goenaga: Oh. You... that's the problem. You don't want to
understand.
Mayor Suarez: All right. Finish up your comments.
Mr. Gonzalez-Goenaga: Let's stop corruption here from the top down. Let's
stop the privileges when we're talking about the most expensive land, there is
somebody who pays only a private club, the Rowing Club, where one of the
members of the King Arthur's Table 1s a member, a hundred dollars a year. And
they celebrate weddings there.
Mayor Suarez: All right Mr...
Mr. Gonzalez-Goenaga: And we cannot even go there.
Mayor Suarez: Mr. Gonzalez-Goenaga, you're out of order.
Mr. Gonzalez-Goenaga: Let's stop...
Mayor Suarez: Sir.
Mr. Gonzalez-Goenaga: ... the undue influence...
Mayor Suarez: Sir, you can have a seat. You're out of order. You've
exceeded your time and you're not even close to being on the item at hand.
Mr. Gonzalez-Goenaga: Well, I was going to tie it in, and you don't allow
me.
Mayor Suarez: Sir. You're out of order.
Mr. Gonzalez-Goenaga: Thank you, Your Honor.
Mayor Suarez: All right. Thank you. You have a seat. Item 37. We have a
motion and a second. Any further discussion? I don't know if you're here in
support of this, Mr. Garcia, or you're hoping that it would pass but, ah...
Commissioner Plummer: What is the term of the RFP? How many years?
Mr. Luft: I believe it's...excuse me.
242 May 14, 1992
Commissioner Plummer: Hello.
_ Mr. Luft: Yes, I am sorry. It's to be negotiated as a proposal. Yeah. Term
of the lease to be executed between the City and the proposer, negotiated to
compliment the financing strategy in the deprecation schedule.
Commissioner Plummer There's no maximum years?
Mr. Luft: Not in here. If you wish to add them...
Mr. Odio: I think it's good to leave it open there. If it comes in with a
huge investment, then you want to determine how many years then based on the
amount monies people...
Commissioner Plummer: Is there a minimum annual return guaranteed to the
City?
Mr. Luft: Yes.
Mr. Odio: Yes.
Commissioner Plummer: How much?
Mr. Luft: Forty-seven thousand dollars ($47,000.00).
Commissioner Plummer: And what is the appraised value of the property?
Mr. Luft: Four hundred and seventy thousand dollars ($470,000.00).
Commissioner Plummer: Ten percent of that is forty thousand?
Mayor Suarez: Forty-seven, right.
Mr. Luft: Forty seven thousand. It's ten percent.
Commissioner Plumper: OK. Does the Carollo Amendment, this is waterfront,
come into play?
Mr. Luft: Yes. I think we would need three proposals.
Commissioner Plumper: So you would have to have a minimum of three bids.
Mr. Luft: Three proposals.
Mayor Suarez: Right.
Commissioner Plummer: OK.
Mayor Suarez: If not it has to go to a referendum. OK. Do we have a motion
and a second? I presume you're favorable to this. I see a nodding of the
heads. Call the roll, if there's no further discussion of it.
243 May 14, 1992
10
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-326
A RESOLUTION, WITH ATTACHMENT(S), AU-HORIZING THE
ISSUANCE OF A REQUEST FOR PROPOSALS ON JUNE 1, 1992,
IN SUBSTANTIALLY THE ATTACHED FORM, FOR A UNIFIED
DEVELOPMENT PROJECT FOR THE DEVELOPMENT OF MARINE
ACTIVITIES WHICH MAY INCLUDE A RESTAURANT WITH WATER -
DEPENDENT USE, ON AN APPROXIMATELY .7 ACRE CITY -OWNED
RIVERFRONT LAND PARCEL LOCATED BETWEEN SOUTHWEST 2ND
AND 3RD STREETS ON SOUTHWEST NORTH RIVER DRIVE ON THE
MIAMI RIVER, MIAMI, FLORIDA; SELECTING A CERTIFIED
PUBLIC ACCOUNTING FIRM AND APPOINTING MEMBERS TO A
REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT
FINDINGS TO THE CITY MANAGER AS REQUIRED BY CITY OF
MIAMI CHARTER SECTION 29-1(c).
(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.
NOTE FOR THE RECORD: At this point, the Mayor
recognizes the presence of former County Commissioner
Beverly Phillips and Hialeah Councilperson Natasha
Millan.
244 May 14, 1992
58. AUTHORIZE MANAGER TO SUBMIT AMENDMENT TO APPROVED 17TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL STATEMENT TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) -- TO REFLECT A =_
PROPOSED ALLOCATION OF $2,000,000 FOR A COMMUNITY DEVELOPMENT FLOAT
LOAN, AND TO REFLECT A TECHNICAL INCREASE IN REVENUES BY SAID AMOUNT
PLUS INTEREST -- LOAN TO PROVIDE INITIAL FINANCIAL ASSISTANCE IN -
CONSTRUCTION OF NEW CENTRAL OFFICES WHICH WILL ALSO SERVE TO HOUSE CHILD
CARE AND YOUTH PROGRAMS.
Mayor Suarez: Item 38. =-
Vice Mayor Alonso: I would like to ask how come it did not come through the
Awareness Program?
Mr. Frank Castaneda: We did sent it to you, Commissioner.
Vice Mayor Alonso: No, it did not. And I believe that something is... an
item like this where float loan money... all of the items...
Mr. Castaneda: No it should have, of course. Of course.
Vice Mayor Alonso: ...should come through the Awareness Program, but it did
not.
Mr. Odio: You have the right to pull it, Commissioner, if you so choose.
Vice Mayor Alonso: No, I will not.
Mr. Odio: Because...
Vice Mayor Alonso: I just want to emphasis that I just don't like items to
get on to the agenda without coming through the Awareness Program, especially
one that is so sensitive.
Mr. Castaneda: Oh, sure.
Commissioner Plummer: Are we talking about 38 or 39?
Vice Mayor Alonso: We're talking about 38.
Mr. Castaneda: Thirty-eight and thirty-nine are together.
Commissioner Plummer: This is just to fill up the fund, right?
Vice Mayor Alonso: Yes. One other question. How much money do we have in
to... available.
Mr. Castaneda: There's about twelve million dollars ($12,000,000.00)
available.
245 May 14, 1992
Vice Mayor Alonso: Twelve. Available.
Mr. Castaneda: Available.
Vice Mayor Alonso: OK. Thank you.
Mayor Suarez: OK. On 38. Do we have a motion?
Commissioner Plummer: Well, let's discuss, also, 39 while were there.
Mr. Castaneda: The same thing. _
Mayor Suarez: Wait a minute. Wait a minute. Any discussions outside the
chambers please, including Ms. Quintana.
Commissioner Plummer: How long is the term of the loan? =-
Mayor Suarez: We're going to get to your item quickly.
Mr. Castaneda: Two years at one percent.
Commissioner Plummer: Two year at one percent. They have put up a letter of
credit for the call within 48 hours?
Mr. Castaneda: They will be providing a letter of credit from Sun Bank.
Commissioner Plummer: For a 48 hour call.
_ r
Mr. Castaneda: Yes, Commissioner.
Commissioner Plummer: OK. What collateral... did the letter of credit as a
= collateral?
_ Mr. Castaneda: The letter of credit is the collateral.
Vice Mayor Alonso: collateral that they need.
Commissioner Plummer: Are we going to read about this one in the Miami
Herald.
Commissioner Beverly Phillips: Hopefully.
Vice Mayor Alonso: In a positive way?
Commissioner Beverly Phillips: Positively.
Commissioner Plummer: OK. Did you move it.
Mayor Suarez: The chair reflected Commissioner Beverly Phillips made herself
heard without using the microphone. Something that some people would say can
only be done by her and a few others. Yes.
Commissioner Plummer: Are you going to move, or do you want me to?
246 May 14, 1992
Vice Mayor Alonso: Yes, yes, I move.
Commissioner Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-327
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
AMENDMENT TO THE APPROVED SEVENTEENTH (17TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL
STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) TO REFLECT A PROPOSED ALLOCATION OF
FUNDS IN THE AMOUNT OF $2,000,000 FOR A COMMUNITY
DEVELOPMENT "FLOAT LOAN", SUBJECT TO THE AVAILABILITY
OF FUNDS, AND TO REFLECT A TECHNICAL INCREASE IN
REVENUES BY SAID AMOUNT PLUS INTEREST, AMOUNT TO BE
DETERMINED, SAID LOAN TO BE USED FOR THE PURPOSE OF
PROVIDING INITIAL FINANCIAL ASSISTANCE IN THE
CONSTRUCTION OF NEW CENTRAL OFFICES WHICH WILL ALSO
SERVE TO HOUSE CHILD CARE AND YOUTH PROGRAMS.
(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.
247
May 14, 1992
E
F].
59. EXECUTE AGREEMENT WITH YWCA OF GREATER MIAMI, INC., TO PROVIDE A
COMMUNITY DEVELOPMENT FLOAT LOAN (CONTINGENT UPON PRIOR APPROVAL BY HUD)
TO AMEND 17TH YEAR CDBG PROGRAM FINAL STATEMENT TO REFLECT ALLOCATION OF
$2,000,000 TO CONSTRUCT A NEW TWO-STORY BUILDING TO HOUSE THE AGENCY'S
CENTRAL OFFICES AND OTHER COMMUNITY SERVICE FACILITIES IN OVERTOWN /
PARK WEST NEIGHBORHOOD.
Mayor Suarez: Item 39. Authorizing Manager to execute the agreement with
YWCA (Young Women's Christian Association) for the float loan. I'll entertain
a motion on 39.
Vice Mayor Alonso: I so move.
Commissioner Plummer: Second.
Mayor Suarez: Second. Any discussion?
Commissioner Plummer: Under discussion.
Mayor Suarez: Yes, Commissioner Plummer.
Commissioner Plummer: What is the total cost of construction?
Ms. Beverly Phillips: Pardon?
Commissioner Plummer: The total cost of construction.
Ms. Phillips: The total cost...
Mayor Suarez: Wait, we're going to need you on the mike...
Vice Mayor Alonso: Yes.
Mayor Suarez: ... because this is going to be a specific answer,
Commissioner.
Ms. Phillips: I'm Beverly Phillips, the...
Mayor Suarez: Wait a minute. Wait a minute, Commissioner. In the back, you
really cannot stand there. Where is the officer? We need to clear the
hallways. You either sit down or you go outside. Now we have no officers.
Change of shift. All right.
Commissioner Plumncr: Total cost of construction?
Ms. Phillips: I'm Beverly Phillips, the executive director of the Greater
Miami YWCA, 210 N.E. 18th Street. It will be approximately a million five for
the building, and probably three hundred thousand additional for finishing
off.
248 May 14, 1992
Commissioner Plummer: Then why are you asking for two million, if you only
need a million eight?
Ms. Phillips. Because we don't have bids in, and we won't have bids for...
We'll draw down ,just what we need.
Commissioner Plummer: Just the overage?
Ms. Phillips: Yeah.
Commissioner Plummer: OK.
Mayor Suarez: They're hoping they won't use the whole total, right?
Ms. Phillips: Yeah.
Commissioner Plummer: Well, you know they're paying interest on it. That's
my concern.
Ron -
Vice Mayor Alonso: When they use it, right?
Ms. Phillips: Well, we will...
Mr. Frank Castaneda: They will be drawing it as the construction goes on.
Commissioner Plummer: So they'll only pay interest on what they draw down?
Mr. Castaneda: That's correct.
Ms. Phillips: Yeah.
Commissioner Plummer: So it should really read not to exceed two million.
Ms. Phillips: That's fine.
Mayor Suarez: OK. Understood.
Commissioner Plummer: Yeah. OK.
Mayor Suarez: All right.
Commissioner Plummer: I just don't want you to pay interest on something you
don't have, and something you don't need.
Ms. Phillips: Yeah.
Mayor Suarez: OK. With those understandings and modifications, I'll
entertain a motion, or do we have a motion already?
= Commissioner Plummer: You've already got a motion and a second.-
Vice Mayor Alonso: We've already got a motion and a second.
249 May 14, 1992
Mayor Suarez: Very good. Any other questions, discussion? If not, please
call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-328
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE YWCA OF GREATER MIAMI, INC., A
FLORIDA NOT -FOR -PROFIT CORPORATION, TO PROVIDE A
COMMUNITY DEVELOPMENT "FLOAT LOAN", SUBJECT TO THE
AVAILABILITY OF FUNDS AND CONTINGENT UPON PRIOR
APPROVAL BY THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD), TO AMEND THE 17TH YEAR CDBG PROGRAM
FINAL STATEMENT TO REFLECT ALLOCATIONS OF FUNDS AND A
TECHNICAL INCREASE IN FUNDS BY SAID AMOUNT PLUS
INTEREST, IN AN AMOUNT NOT TO EXCEED $2,000,000 AT ONE
PERCENT (1%) INTEREST RATE FOR A PERIOD OF TWO (2)
YEARS, SECURED BY AN IRREVOCABLE LETTER OF CREDIT FROM
A BANK IN FAVOR OF THE CITY AND ACCEPTABLE TO THE
CITY'S FINANCE DEPARTMENT AS COLLATERAL FOR SAID LOAN
IN ACCORDANCE WITH FEDERAL GUIDELINES, FOR THE PURPOSE
OF CONSTRUCTING A NEW TWO STORY BUILDING TO HOUSE THE
AGENCY'S CENTRAL OFFICES AND OTHER COMMUNITY SERVICE
FACILITIES IN THE OVERTOWN/PARK WEST NEIGHBORHOOD.
(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.
Ms. Phillips: We thank you very much.
Mayor Suarez: Commissioner.
Ms. Phillips: We'll see you at the groundbreaking.
Mayor Suarez: Very good.
250
May 14, 1992
a
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60. DISCUSS AND DEFER (FOR FURTHER INFORMATION) CONSIDERATION OF A PROPOSED
RESOLUTION DIRECTING MANAGER TO ALLOCATE $35,000 IN 14TH YEAR CDBG
PROGRAM FUNDS (FROM CITYWIDE MULTI -FAMILY HOUSING PROJECT) TO PROVIDE A
GRANT TO WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION AND TO
ACQUIRE 37 PRIVATELY -OWNED RENTAL HOUSING UNITS IN WYNWOOD COMMUNITY
DEVELOPMENT TARGET AREA.
------------------------------------------------------------------------------
Mayor Suarez: Item 40.
Commissioner Plummer: There were questions raised about this issue before.
Vice Mayor Alonso: Yes.
Mayor Suarez: Citywide multifamily housing project.
Commissioner Plummer: Isn't this the apartment house?
Commissioner Dawkins: Yes.
Commissioner Plummer: Wasn't the...
Mr. Jeff Hepburn: Apartment house?
Commissioner Plummer: They were units.
Vice Mayor Alonso: Privately owned.
Mr. Hepburn: They're a series of rental properties that are in the Wynwood
neighborhood.
Commissioner Plummer: Was this item before us before?
Commissioner Dawkins: Yes.
Mr. Hepburn: Yes, about three months ago.
Commissioner Plummer: And the question, as I recall at the time that was
raised, was the question is, how much would it take to fix them up, who was
going to fix them up and who would be the recipients of the monies if they
were rented out? And that's the answers that I'm waiting for.
Mr. Cesar Odio: No, the instruction that I got was to identify potential
funding sources...
Commissioner Plummer: Well,...
Mr. Odio: ... for this purpose.
Commissioner Plummer: ... thirty-five thousand dollars ($35,000.00) for 27
units can't be a hell of a lot of units. I mean, amount to it. Who's going
251 May 14, 1992
to fix them up to make sure they meet minimum standards? Who's going to be
the rental agency? Where is the money going to go to? And what's the City
going to... Are we going to get our money back? - or we're not going to get it
back? I don't know. I'm asking.
Mr. Hepburn: The thirty-five thousand dollars ($35,000.00) will serve
basically as a down payment and part of the closing costs to acquire these
properties. The Wynwood Economic Development Corporation would own and manage
those properties.
Commissioner Plummer: Well, 1f they own and manage, do we get our money back
in the form of rental once they get their profit?
Mr. Hepburn: This is essentially a grant of thirty-five thousand dollars
($35,000.00).
Commissioner Plummer: How can we continue to do this? - if we give the money
away and we don't loan it to keep revolving. I mean, doesn't it seem like, to
me, that if we're going to give them thirty-five thousand dollars ($35,000.00)
for the down payment, they're going to rent them out, that they're going to
make a profit, and when they do, they should pay the City back so we can make
that money available for others to do the same.
Mr. Bill Rios: Commissioner.
Commissioner Plummer: Yeah.
Mr. Rios: Wynwood Community Economic Development Corporation. Bill Rios.
Commissioner, those units are now currently rented. They're rented very, very
cheaply, and there is no profit on this project. The only reason we're doing
this project is because the properties are probably going to end up being
abandoned and they're going to end up costing you a whole lot more than
anywhere near thirty-five thousand dollars ($35,000.00). The owners of the
properties are here....
Commissioner Plummer: But are you tax free?
Mr. Rios: Yes, we are, but...
Commissioner Plummer: That's another...
Mr. Rios: But that...
Commissioner Plummer: Bill.
Mr. Rios: No, no, no. No. I'm sorry. Commissioner. Because I'm a
nonprofit organization, doesn't mean that the property comes into us tax free.
We have to apply for that before Dade County.
Commissioner Plummer: Yeah, but assuming you are. OK? That's one more
property off the tax roll. That's what's concerning me.
Vice Mayor Alonso: Thirty-seven units.
252 May 14, 1992
Commissioner Dawkins: It's more than one property, J.L.
Vice Mayor Alonso: Several properties.
Commissioner Dawkins: You need to find out... How many properties is it, Mr.
Hepburn?
Mr. Hepburn: It should total 37.
Commissioner Dawkins: Beg your pardon?
Mr. Rios: Thirty-seven...
Mr. Hepburn: Thirty-seven.
Vice Mayor Alonso: Thirty-seven.
Mr. Rios: ... units, eight locations.
Vice Mayor Alonso: Eight properties.
Commissioner Dawkins: Hey, hold itl Hold it! I'm asking him. OK? How many
properties is it, Mr. Hepburn?
Mr. Hepburn: It's a total of 37 units.
Commissioner Dawkins: Thirty-seven units.
Mr. Hepburn: Correct. I think there are eight separate properties.
Commissioner Dawkins: Now, eight separate properties.
Mr. Hepburn: Correct.
Commissioner Dawkins: Now, I'm told that there is no profit. Now, when the
units, when the mortgage is paid off, who will own the units?
Mr. Hepburn: The Wynwood Economic Development Corporation.
Commissioner Dawkins: So they do gain a profit?
Mr. Hepburn: Yes.
Commissioner Dawkins: OK. That's all.
Vice Mayor Alonso: One question, again. Why it did not come through the
Awareness Program?
Mr. Hepburn: This item was submitted to your office, Commissioner.
Vice Mayor Alonso: It was not.
Mr. Hepburn: It should have been.
253 May 14, 1992
a 44
Vice Mayor Alonso: But it was not.
Mr. Hepburn: I'm sure it was.
Commissioner Plummer: Then defer.
Vice Mayor Alonso: I think I'm going to have this item deferred, and come
back, and I want to hear about this item, and I'd like to hear from you, too,
and let's defer this item.
Commissioner Plummer: I... Bill.
Vice Mayor Alonso: I think that the Awareness Program has to be respected or
eliminated.
Commissioner Plummer: I agree. Bill, you can't just... You know, we just
can't continuously take property off the tax roll. And I'm just saying that
to you, and we're paying money. It's a double-edged sword. We're shooting
ourselves twice.
Mr. Rios: Commissioner, those properties are going to be off the tax rolls
anyway when they're abandoned. Who's going to pay the taxes on them?
Commissioner Dawkins: But we can sell it to somebody else, Bill.
Commissioner Plummer: But then we acquire the property free of charge.
Commissioner Dawkins: We can sell it to somebody else.
Commissioner Plummer: We just put a lien against. We acquire the property or
we collect our money.
Vice Mayor Alonso: Or we can give it to people, affordable housing, fix it
and give it to people, needy people in the City of Miami.
Mr. Rios: There's people in there...
Vice Mayor Alonso: But if you are going to gain from this, we really have to
talk and examine this issue a little bit more. I like to defer this item.
Mayor Suarez: OK. Move to defer for further consideration. Do we have a
second?
Commissioner Plummer: Yes.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
THEREUPON, MOTION DULY MADE BY VICE MAYOR ALONSO AND
SECONDED BY COMMISSIONER PLUMMER, THIS ITEM WAS
DEFERRED FOR FURTHER INFORMATION BY THE FOLLOWING
VOTE:
254
N
May 14, 1992
E
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.
P]
Commissioner Dawkins: When you bring it back, Mr. Hepburn, when you bring it
back, bring it back with something in there where if the Wynwood area
development for some reason defaults, that the City of Miami ... it reverts back
to the City of Miami.
Mr. Hepburn: It says that already.
Commissioner Dawkins: OK. I just need to know that.
61. (A) DISCUSS AND DEFER CONSIDERATION OF RESIDENTS' CONCERNS RELATING
TO CITY -FUNDED DE HOSTOS SENIOR CENTER OPERATED BY HOLY CROSS
DAYCARE CENTER. (Deferred to June 11th meeting.)
(B) DISCUSS AND DEFER FURTHER DISCUSSION CONCERNING BOUNDARIES OF
EDISON / LITTLE RIVER NEIGHBORHOOD. (Deferred to June 11th
meeting). (See labels 75 and 79.)
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner De Yurre: If we could take, out of turn, item number 58, which
is scheduled for 5:30, the De Hostos issue. There are a number of elderly
citizens here that are here for that matter, and if we could go ahead so we
can get them out of here.
Mayor Suarez: OK. At the request of Commissioner De Yurre, item 58 in
deference to the elderly who are here. Who do we hear from first on this?
This is the challenge to the...
Commissioner Plummer: Wait a minute. Before we hear from anybody, Mr.
Mayor,...
Mayor Suarez: Yes.
Commissioner Plummer: Mr. City Attorney.
Mayor Suarez: That's who I wanted to hear from first.
Commissioner Plummer: That's who I want to hear from, because I don't want
anybody to be confused, unless I am. It is my understanding that this City
255 May 14, 1992
has no authority in what happens in that location. Is that correct, or not?
Because I think a lot of these people that are out there are expecting this
=_ City Commission to make a decision as to yes or no, yes or no, right or wrong,
and I don't think we're empowered to do that, so I don't want anybody here to be under...
A. Quinn Jones III, Esq.: That's correct, Commissioner.
Commissioner Plummer: ... this misconception. _
Mr. Jones: That's correct.
Commissioner Plummer: OK, Mr. Mayor. So it's understood this Commission has
no authority to dictate how that senior citizen outfit is run,...
Commissioner De Yurre: We only have the right...
Commissioner Plummer: ... except by...
Commissioner De Yurre: ... dictating who gets the money or not. That's all --
_I we can dictate.
Commissioner Plummer: We have the right, of course, always to dictate where
the money goes.
Commissioner De Yurre: OK.
Mayor Suarez: Let me, if I may, Commissioners, for the benefit of those that
are here for Eugenio De Hostos CENTRO, in Spanish, EL COMISIONADO LE HA
PREGUNTADO AL ABOGADO MUNICIPAL SI NOSOTROS TENEMOS LA AUTORIDAD DE DETERMINAR
LAS OPERACIONES DE ESTE CENTRO Y QUIEN ES EL DIRECTOR EJECUTIVO. EL ABOGADO
MUNICIPAL NOS HA CLARIFICADO, NOS HA DADO LA OPINION DE QUE NO TENEMOS ESA
POTESTAD, NO TENEMOS ESA AUTORIDAD. EL COMISIONADO DE YURRE HA PREGUNTADO SI
NO... SI NUESTRA POTESTAD NO SE EXTIENDE HASTA LO QUE TIENE QUE VER CON TODOS
LOS FONDOS QUE RECIBE EL CENTRO Y CLARO, EN ESO SI, PERO NO PARA LA
COMPOSICION NI DE LA JUNTA NI DEL DIRECTOR EJECUTIVO. ASI TODO, PODEMOS
ESCUCHAR LO QUE PUEDE SER LA OPINION DEL PUBLICO, 0 DE LAS PERSONAS QUE SON
SERVIDAS ALLI EN ESE PROGRAMA. All right. Who would like to make a
presentation on this?
Commissioner De Yurre: Mr. Mayor, we requested a study, an investigation of
this matter.
Mayor Suarez: Yes.
Commissioner De Yurre: I think basically we'd just like to hear the results.
Mayor Suarez: Obviously, if there's any irregularities that would invalidate
our relationship with the Wynwood - with the Maria De Hostos Senior Center, of
the people who are on the board in any way... What is the correct title of the
entity that we're dealing with here?
Vice Mayor Alonso: De Hostos Senior Center.
256
May 14, 1992
Mr. Sanford Dernis: Holy Cross Day Care Center.
Mayor Suarez: Holy Cross Day Care Center. OK.
Mr. Cesar Odio: Mr. Mayor.
Mayor Suarez: Corporation.
Vice Mayor Alonso: Operated by.
Mayor Suarez: And operated by...
Vice Mayor Alonso: Holy Cross Day Care Center is the... It's operated by, but
the Center is called...
Mayor Suarez: Is the operat...
Vice Mayor Alonso: ... De Hostos Senior Center.
Mayor Suarez: Within the De Hostos Senior Center.
Vice Mayor Alonso: Yes.
Mayor Suarez: All right.
Mr. Odio: Mr. Mayor.
Mayor Suarez: We're doing it now, Dorothy.
Vice Mayor Alonso: Now we are doing it.
I Mayor Suarez: You were outside, but we're doing your item now. That's what
=; we're on.
Vice Mayor Alonso: Yes. That's what we are doing.
-� Mayor Suarez: Yes, ma'am.
Mr. Odio: Maybe we can save some time. I have read every single piece of �_
-� paper that comes through me and I have read minutes and transcripts and =
j everything else. There is no question in my mind that the people that are _
being served in that community are entitled to decide their own fate. So I
think that there are two things that we could do. One, we do not fund the
existing center right now, since the board of directors has turned their back
on their community, and create another center and provide the same funding we =_
were giving them, give it to them. Or, two, is to simply if the new board, or
the board that exists now, decides to appoint twelve more members from the
elderly to sit there and decide their fate. You can choose one or the other.
If they don't want to do that, then just go ahead and don't fund them, and g
give it to them and let them form their own service center and deal with their _-
own problems. They want that. Or let them join and beg their assistance or
whatever, because I think they are the people that are being served, and they
should have a say in what happens there. =
257 May 14, 1992
_l
John W. Thornton, Esq.: May I speak, Mayor?
Mayor Suarez: Yes. Who do you represent?
Mr. Thornton: I'm John Thornton for the elderlies.
Mayor Suarez: OK. Go ahead.
Mr. Thornton: I don't know that you want to hear what's been going on the
last few months or not, but it's not good for the elderlies. And at the
present time...
Mayor Suarez: OK. What is your capacity or you relationship to the Holy
Cross?
Mr. Thornton: I'm the one who formed this new corporation for the elderlies
themselves so that they can take over and be satisfied and not be so
disgruntled as they have been. And at the present time, we have presented to
you now a hundred and eight people of the elderlies. There are only a hundred
and fifteen there who want the new corporation to take over and to have them
be governed by the board that we have projected.
Mayor Suarez: So of the a hundred and fifty being served, you've got a
hundred and eight who have signed a petition that they would like a whole
different entity to operate the facility. I hear.
Mr. Thornton: Yes, and it seems like it's good sense. The people... You
agree with that? OK. The people who are served there, to get the federal
funds you should be having them, you know, be treated right. And treat their
whole person, their emotions, their feelings, their heart and their minds and
their stomachs...
Mayor Suarez: Is this what you do for a living, or what do you do?
Mr. Thornton: I'm a trial lawyer.
Mayor Suarez: Oh my Godl
Mr. Thornton: How about that. But we have...
Mayor Suarez: And do you live in the area? What is your particular interest?
Mr. Thornton: I've been here thirty-five years and this is my pro bono,...
Mayor Suarez: I see.
Mr. Thornton: ... so you know that. And we have a wonderful board set up.
I...
Mayor Suarez: Do you live in the City of Miami, by any chance?
Mr. Thornton: No, but my office is right down at Flagler and Miami Avenue...
Mayor Suarez: All right. That helps.
258 May 14, 1992
At 0
Mr. Thornton: For about twenty-six years. So I have great feelings for these
people and I think that it would be served properly to have a new corporation
take over with the new board that I proposed, and we filed with Tallahassee on
April the Bth. And we're ready to go.
Mayor Suarez: All right. Anything further?
Mr. Thornton: No.
Sanford F. Dernis, Esq.: May I respond?
Mayor Suarez: Yes.
Mr. Dernis: My name is Sanford Dernis. I'm the attorney for Holy Cross Day
Care Center, Inc. I do not live in the City of Miami, and I am not a
recipient of the services. I'm an attorney who is getting paid for what I'm
doing. I have been involved in the Wynwood community by representing
Borinquen Health Care Center. I've been on numerous public committees in Dade
County, and I don't know that other than for identification purposes, whether
I get paid or what my function is, I don't think is relevant. This City
Commission asked at our last hearing to go before the Department of Human
Services, Mr. Bailey, and have a work out session, find out what's going on.
At that time, the staff and the board of the existing organization met. We
evaluated, because we noticed that one, of all the...
Mayor Suarez: Counselor, let me interrupt you for a second, just to clarify
the record. You said a work out or workout session. What are talking about?
Mr. Dernis: Work session.
Mayor Suarez: ... a hearing or a workshop. In other words...
Mr. Dernis: Workshop.
Mayor Suarez: ... to air the complaints and see if there's any irregularities
or anything else that this Commission should delve into. All right.
Mr. Dernis: I'm not sure... It was a workshop at which time, we made a
presentation to the Department head, Mr. Bailey. The board of directors
before that meeting made a presentation. It had agreed that, one, the board
of directors would be amended, and we even presented him with the proposed
amendments. Not only do we wish to create a constituency board, but we also
put members of that board on the board of directors, also increasing the size
of the board of directors of the organization. One point. Two, we have been
In the dark because we have heard complaints of lack of service and improper
service. The City, to our knowledge, when they investigated found no
substantiated complaints. Our staff also indicates that the only complaints
they've had regarding food, which was one of the matters stated, people didn't
like some of the food on Holy Week, they expected fish, or rather they
expected pork, I don't remember which it was and got fish, one or the other,
and that was the complaint made. Those were the only substantiated complaints
we had. We have increased services, we have increased transportation
services, we have increased activities. We have borne our soul, in essence.
259 May 14, 1992
When we presented this, we put down before you numerous areas where we found
that there were faults. If you reviewed the report that the City Manager made
to the Commission, it was listed recommendations. We have adopted both of
them. We did it before the report came out. It was our suggestion initially.
To make another point, without getting into the details, these are some of the
very same points that the current board of directors recognized over ten
months ago, and it was some of the points that were used in evaluating our
prior executive director and administrator. I would like to make one other
point. Reference has been made... By the way, if you have not received yet, I
have copies of the report that we provided to Mr. Bailey. I believe copies
may have been already provided. We have identified all those points that was
raised by the report. We referred to, or what has been referred to as, the
elderly want. Today is the first time I have heard of a petition or a list of
names. The Center is not aware of any names being circulated or any petitions
being circulated. We don't know who they are and we haven't had the
opportunity to verify them. But there are essentially two groups of the
elderly. One that have come here and complained. And we will testify - the
staff will testify - that there are others who have not come. The staff and
the organization were sensitive to the needs and did not want to bring a bus
and bring people here and create more of a controversy among the constituency
than already exists. We have played it cool, we have not raised those issues
before the constituency. We have not incited them. We have tried to keep
everything as calm and cool as possible. If one of the alternatives is to
give it to the existing organization, it will be done whether you put it as a
condition of the grant or not. The recommendations that we have put in our
report: one, a constituency board that is meaningful and representatives of
those constituency boards on the board of directors with full votes; two, the
list of evaluations and studies that we have done, such as, there has never
been a need study. There has never been an assessment of the needs of the
elderly in this particular community. That has been the board's concern, and
it was a concern more than nine months ago, and has not been accomplished and
we are doing it now, and it's been explained in the handout that we sent out.
We have established, despite these problems, that we've been providing
services, and the City has had no problem with those services, and I would
only challenge the thought of giving it to an organization that was just
formed with no record, with no history of providing any services, other than
the ability to bus people to this operation.
Mayor Suarez: All right. Do we have... Are we at a juncture that we would
have to decide funding today?
Mr. Odio: No. Well, we will withhold funding until this issue is resolved.
Mayor Suarez: And when is the last possible moment for making that decision?
I mean, how much time do we have to...
Mr. Frank Castaneda: We will be coming on June 11th with recommendations...
Mayor Suarez: OK.
Mr. Castaneda: ... for contracts starting July 1st.
Mayor Suarez: I'll tell you, I have to say, as the Manager indicated, the
fact that a hundred and eight of the members have signed on with one group is
260 May 14, 1992
i
an indication of your particular vote, I guess, in the matter. We do have the
ability to fund one or the other. We've heard your arguments, and I have a
feeling we're going to hear from you again that the money should be going to
the established entity, and I have a feeling that we're going to hear from you
that it should go to the entity that, perhaps, represents the greater number
of the people being served. We're going to have questions along the lines of
what the attorney just said having to do with the experience and the ability
to render a service that you perhaps have never done before, and who your
board members are going to be, etcetera, etcetera.
Mr, Thornton: We can cover that very well.
Mayor Suarez: And we're otherwise... Actually, in a sense, it's a happy
circumstance to have two organizations, hopefully both duly formed and capable
of rendering a service, competing for the same funds and maybe rendering, you
know in the effort to compete, maybe rendering a better service than existed
in the past by having just one alternative. So we don't have to decide that
today.
Mr. Dernis: It was my understanding, when we went to the workshop, that a
recommendation was going to be made and this would be the decision.
Mr. Odio: I did make it. I made it already. If I had to decide, I would
decide for the elderly and what they want. The majority of the elderly want
to have a new center, and they want to control their destiny, and that would
be my recommendation.
Mr. Dernis: My only other question, because we're not aware of it, has that
list... Have the names on that list been verified with those that have been
receiving services?
Mr. Odio: Look, I know that community. I'm in touch with that community.
Luis is there all the time. I know that they're what they were.
Mayor Suarez: Well, but don't predispose the answer. Obviously,...
Mr. Odio: But I will check the signatures...
Mayor Suarez: ... you're entitled to look at the list and the City Manager
should make sure that these are in fact the people being served, and that when
they made a statement of a hundred and eight out of a hundred and fifty, that
statement has to be verifiable and verified. OK?
Vice Mayor Alonso: Yeah. Have they been entered into the record? No?
Mayor Suarez: Maybe, counselor, you should have those submitted into the
record.
Commissioner Dawkins: But I also would like to put on the record, that when
the hundred and eight names are turned over, I do not want any retaI- ion
against anybody on that list.
Mr. Dernis: There's already retaliation against the executive directors,
against the existing staff.
261 May 14, 1992
i
Commissioner Dawkins: OK.
Mr. Thornton: This is what...
Commissioner Dawkins: OK. Hold it. Let me see how to say this. Staff gets
paid to be abused.
Mr. Dernis: Volunteer members of a board of directors do not.
Commissioner Dawkins: The people who live there in my age bracket do not get
paid to be abused. So I do not expect senior citizens like me to be abused.
Mr. Dernis: Volunteer members of a board of directors do not get paid to be
abused and they have been.
Commissioner Dawkins: OK. Well, you've got some senior citizens... If
they're young people volunteering then they need the experience of being
abused.
Mayor Suarez: Has the Manager...
Commissioner Plummer: Let me ask a question.
Mayor Suarez: ... made any findings on the issue of harassment by either
side, on either side?
Mr. Odio: No.
Commissioner Dawkins: All jokes aside, there should be no harassment...
Mr. Odio: What I did find, the conflict of interest, if you would so call it,
I don't want to go into... I read it all. That they fired the executive
director, the person that proposed the firing of the executive director, took
his place. And that's wrong.
Mr. Dernis: Yes, but has anybody asked how that took place? We have
documentation, we have the verification. The City Commission asked.
Mr. Odio: If it looks like one, it's one. It looks like a conflict of
interest to me. It should not have been done that way, and it's wrong. Now
you...
Mr. Dernis: It is not wrong if that person resigned at the time for one
reason and over one month later, over one month later, made the decision to
become employed, to seek the employment.
Mr. Odio: That person that took the job over had a campaign going to remove
the executive director, and then when they got what they wanted, then she got
appointed.
Mr. Dernis: That person wasn't even at all the board meetings.
Mr. Odio: At least that's what I read. I can only read, sir.
262 May 14, 1992
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Dernis: Apparently, you have not inquired of us because we haven't
provided anything to you on that regard.
Mayor Suarez: OK. But that was the subject of the prior hearings. That's
not what we're entering into today. The Manager did not find anything to
disqualify your agency. He simply found that another agency had been set up,
which may or may not be the recipient of these funds. We're not deciding that
today. Commissioner De Yurre.
Commissioner De Yurre: I just want to state for the record, as far as I'm
concerned, from day one I've been supporting this group here. Certainly they
deserve to be attended to. They deserve to have the care that is demanded for
them. As far as I was concerned that the executive director that was there
was doing a good job, and certainly the people there felt that he was doing a
good job. If not, they wouldn't be here, and a hundred and eight of them
wouldn't have signed on out of a hundred and fifteen to take control of their
destiny, to dictate what happens with them on a daily basis. This is the
lifeblood of this group of people. Senior centers are, you know, whether it's
a country club type of setting, it's a place that they call home. It's a
place where they get their food, their lunch, where people are cared for, and
certainly they have to feel good about that center. And I've been pushing for
them to help them in this process. I will continue to do whatever I can to
make sure that they control their destiny, that they get the funding, that
they control it, and that they be able to do what they deem appropriate as far
as their well-being with the Center concerned. So, that's me for the record,
and I can vote for that right now, or I can wait until July or June or
whenever you want to do it, but that's my position, so that we're clear on
this.
Mayor Suarez: We'll have a full-fledged hearing to determine the funding
allocation then on June 11th.
Vice Mayor Alonso: Yes.
Commissioner Dawkins: Let me put in the record.
Commissioner Plummer: Mr. Mayor. I would ask at the time that this comes
back, Mr. Manager, the one question that was raised that I would like
assurances, that, assuming the new group is the one to be chosen, I would like
to see the background that they have the expertise to take over and run such a
center.
Mr. Thornton: We'll be happy to do that.
SW
Mayor Suarez: OK.
Mr. Dernis: I would ask one question because I'm...
Y 263 May 14, 1992
Y
9
Mayor Suarez: Wait, wait, wait. The Commission is now inquiring, please,
counselor.
Mr. Dernis: I'm sorry.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I'd like to put in the record that I don't think
anybody should be abused on either side. OK? Because all of us are human
beings,...
Commissioner Plummer: You abuse me all the time.
Commissioner Dawkins: ... all of us have rights and, therefore, nobody should
be abused.
Mr. Dernis: Except the City Commission.
Commissioner Plummer: You abuse me all the time.
Commissioner Dawkins: Well, you're an undertaker. You get paid well for
being abused.
Commissioner Plummer: You just better keep remembering that.
Mayor Suarez: There's a request to postpone until the next agenda item 59.
Does anybody have any problem with the postponement of that item until the
next agenda?
Commissioner Plummer: It's a discussion item.
Mayor Suarez: All right. But the interested party would like to postpone the
consideration of that. I have no problem with that until... It would be May
28th, Doctor?
Dr. Joan Lutton: (OFF MIKE) Yeah, I think so.
Mayor Suarez: All right.
Mr. Odio: Mr...
Mayor Suarez: Dorothy, you should be extremely happy that things are at least
in the middle of the balance, but at your own risk if you want to say
something.
Mrs. Dorothy Quintana: (OFF MIKE - INAUDIBLE)
Commissioner Plummer: No, no, no. I'll change my vote.
Mayor Suarez: Sometimes you lose me. You talk too much.
Commissioner Plummer: I'll change my vote. "ESPERATE, NO."
Mrs. Quintana: (OFF MIKE - INAUDIBLE)
264 May 14, 1992
Mayor Suarez: June filth. We can do it at... You want it earlier?
Mrs. Quintana: They want it early, yes.
Mayor Suarez: We can make it at 2:30...
Mrs. Quintana: 2:30?
Mayor Suarez: ... or 2:00.
Mrs. Quintana: (OFF MIKE) Thank you very much, all of you.
Mayor Suarez: All right, ma'am.
Commissioner Plummer: You talk too much.
!TOTE FOR THE RECORD: At this point, agenda item 54
was withdrawn.
62. RATIFY MANAGER'S FINDING OF EMERGENCY REGARDING PREPARATION OF THE
VIRGINIA KEY MULCHING AND COMPOSTING SITE AND ISSUANCE OF EMERGENCY
PURCHASE ORDER TO R.L. SAUM CONSTRUCTION COMPANY, INC. (Department of
General Services Administration and Solid Waste).
------------------------------------------------------------------------------
Mayor Suarez: Item 41. I'll entertain a motion on 41.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Move 41. Deny 41.
Mr. Odio: No, no. Please. We need this badly.
Commissioner Plummer: I move 41.
Mayor Suarez: Item 41 has been moved.
Commissioner Dawkins: Move it on out the door.
Mayor Suarez: Do we have a second?
Commissioner De Yurre: Second.
265 May 14, 1992
Mayor Suarez: Seconded by Commissioner De Yurre.
seconded. Any discussion?
Commissioner Plummer: Call the roll.
Mayor Suarez: If not, please call the roll.
Cl
Item 41 has been moved and
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-329
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A
4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE
ACTION OF THE CITY MANAGER IN FINDING THE PREPARATION
OF THE VIRGINIA KEY MULCHING AND COMPOSTING SITE TO BE
AN EMERGENCY AND IN AUTHORIZING THE ISSUANCE OF AN
EMERGENCY PURCHASE ORDER FOR SUCH SERVICES TO R. L.
SAUM CONSTRUCTION COMPANY, INC., FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE AT A
TOTAL PROPOSED AMOUNT OF $107,709.44; ALLOCATING FUNDS
THEREFOR FROM THE 1991-92 STATE RECYCLING GRANT,
PROJECT NO. 197004, ACCOUNT CODE NO. 420306-340.
(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.
266 May 14, 1992
------------------------------------------------------------------------------
63. DISCUSS AND DEFER (TO JUNE 11TH MEETING) CONSIDERATION OF PROPOSED
RESOLUTION AUTHORIZING MANAGER TO SUBMIT AMENDMENT TO APPROVED 18TH YEAR -
CDBG PROGRAM FINAL STATEMENT TO U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) -- TO REFLECT REALLOCATION OF FUNDS ORIGINALLY
APPROVED FOR MIAMI-DADE COMMUNITY COLLEGE.
------------------------------------------------------------------------------
Mayor Suarez: Item 42.
Commissioner Plummer: All right. Let me...
Mayor Suarez: CDBG (Community Development Block Grant) Program.
Commissioner Plummer: All right. What are we doing here? Where is this
money going to go now?
Commissioner Dawkins: Back where we took it from to the housing...
Mr. Cesar Odio: Wait. Wait.
Commissioner Dawkins: Frank. Go ahead.
Mr. Odio: OK. We were recommending that eight hundred and ninety-five
thousand ($895,000.00) would go back to the City housing programs, and two
hundred and twenty-nine thousand two hundred ($229,200.00) for grant
administration and that one hundred and seventy-five thousand ($175,000.00)
for the City's Code Enforcement Program.
Commissioner Plummer: What?I
Mr. Odio: City's Code Enforcement Program.
Commissioner Plummer: Code Enforcement.
Mr. Odio: Yeah.
Commissioner Dawkins: No way.
Mr. Odio: That's important.
Commissioner Dawkins: Mr. Mayor. Mr. Manager.
Commissioner Plummer: The "grande botellas."
Commissioner Dawkins: Explain... I mean, have through you to Frank, explain
to us why we had to take the million dollars back.
Mr. Frank Castaneda: Well, Commissioners, when we had the public hearings, at
Community Development, the Commission said that the million dollars
($1,000,000.00) was contingent with Metropolitan Dade County providing an
equal match. Metropolitan Dade County did not provide that equal match, so
267 May 14, 1992
I'm bringing it back to you. At the other meeting, also, you mentioned that
the three hundred thousand dollars ($300,000.00) business incentive fund
"s should be considered. I think Matthew has a difference of opinion of that
understanding, but I am bringing it back for discussion.
Mayor Suarez: Has the College been advised of the fact...
Mr. Castaneda: Because the College has been advised.
'? Commissioner Dawkins: What are they going to do to make up the million
dollars ($1,000,000.00)?
Mayor Suarez: Are they here? I mean, were they just told that they would
lose the money automatically because it was...
Mr. Castaneda: They were sent a letter saying that it would be discussed at
this agenda, that we were calling a public hearing and it was advertised.
Commissioner Dawkins: I'm with you. Let's defer this until they can come
=' here next week and defend themselves.
Commissioner Plummer: Well, is it a possibility that they are aware and
concur that they were not entitled to the money under the HUD (U.S. Department
of Housing and Urban Development) rule?
-` Commissioner Dawkins: No, I move that this be deferred until someone from the
College can be here to...
Commissioner Plummer: Oh, I think they should be.
Mayor Suarez: Yeah.
Mr. Castaneda: I'm surprised that they're not here.
Commissioner Dawkins: OK. OK. I move to defer until the next meeting.
Mayor Suarez: OK.
Commissioner Plummer: Second.
Mayor Suarez: And all the parties that are wishing to be recipients of this
money, should we simply take it back, then can make their presentations. But
we have not made a decision yet to take it away from the College.
Mr. Castaneda: Commissioners, since this is a public hearing, can we continue
it? I guess that's the technical term.
Mayor Suarez: Yes.
Mr. Castaneda: OK.
Mayor Suarez: Now, is there a problem with the guidelines, or is it just
simply with the fact that we made it contingent on the County's...
268 May 14, 1992
Mr. Castaneda: You made it contingent on the County's commitment.
Mayor Suarez: Is there, in addition to that, a problem with the Federal
guidelines as to the funds not being used for what we...
Mr. Castaneda: The County made that statement at their hearing. We have =_
discussed it with HUD and we're not aware of any problem of that sort.
Mayor Suarez: So we don't necessarily agree with the County.
Mr. Castaneda: Right.
Mayor Suarez: Is there any chance that between now, when we hear this, you =_
will have some agreement with the County that we...
Mr. Castaneda: No. No. The County did not allocate the money. The County
did not want...
Mayor Suarez: I understand, but they're saying they didn't allocate it in -
part because they thought that it might not be within Federal guidelines. --
Mr. Castaneda: We have already made an allocation of one million dollars
($1,000,000.00) last year and...
Mayor Suarez: So we're not going to change our opinion.
Mr. Castaneda: No. No.
Mayor Suarez: All right.
Commissioner Plummer: Well, Mr. Mayor, also, you know, I'm sorry to continue
to bring it up. But, you know, that was money that was going to be used to
take off and buy property. Another million dollars ($1,000,000.00) off the
tax rolls.
Vice Mayor Alonso: That's right.
Commissioner Plummer: You know, and I love Community College. I think they _
do a fantastic job, but that's one more nail in the coffin of this City. We
cannot continue to be using nonprofit organizations.
Mayor Suarez: All right.
Commissioner Dawkins: OK. You know,...
Commissioner Plummer: Thirty-two percent of us are absolutely tax-free. We VIEW
can't continue.
Commissioner Dawkins: OK. Mr. Manager. This morning, I got some money from
some place that was paying for grant administration...
Mr. Castaneda: H.O.P.E. You're...
Mr. Odio: Oh, the H.O.P.E....
269 May 14, 1992 0.
Commissioner Dawkins: ... off, what is it? - indirect cost.
Mr. Odio: Oh, yes.
Commissioner Dawkins: That was this morning.
Mr. Odio: Yes.
Commissioner Dawkins: Now you have in here two hundred and twenty-nine
thousand two hundred dollars ($229,200.00) for grant administration. What's
the difference between...
Mr. Odio: Oh, no. No. No.
Commissioner Dawkins: ... grant administration and indirect cost?
Mr. Odio: Well, the indirect cost is a line item in the... You take that
money and pay salaries in the department.
Commissioner Plummer: What's he talking about? What item?
Commissioner Dawkins: Yes.
Mr. Odio: What we're trying to do is get the department... Go ahead. You
want to...
Mr. Castaneda: Yeah, let me... Indirect cost comes from grant administration.
What we're asking for...
Commissioner Dawkins: Wait. Hold it. Hold it, Now.
Mr. Odio: Don't confuse him.
Commissioner Dawkins: Indirect cost comes from grant administration.
Mr. Castaneda: Right.
Commissioner Dawkins: Now,...
Mr. Odio: Commissioner.
Commissioner Dawkins: Yes, Mr. Manager.
Mr. Odio: What we're trying to do, let me see if I can make it simple, is
trying to fund the Community Development Department, the Development and
Housing Department as much as we can from the Federal monies so that we don't
have to use...
Commissioner Dawkins: From their own monies.
Mr. Odio: If we could fund the whole program 100% from Federal monies, and
this is what we're trying to do, that way we don't draw from general funds.
270 May 14, 1992
Commissioner Dawkins: But you see, I have no problems...
Commissioner Plummer: Yeah, but there's also...
Commissioner Dawkins: ... with that, if you tell me that. But when I see two
or three things all day long...
Mr. Odio: Yeah, well...
Commissioner Dawkins:... that's telling me that it's grant administration,...
Mr. Odio: No. No.
Commissioner Dawkins: ... then the next time you call it indirect cost, and
the next time you call it something else, and it's the same use of the money,
I have a problem with it, Mr. Manager.
Mr. Odio: See what happened this morning is, the Federal government demands
that we pay this consultant to prove that this is an indirect cost allocation,
and that's what you did this morning, Commissioner. And what we're doing here
is saying, of this money we get here, we're going to use so much to pay for
salaries.
Commissioner Dawkins: OK. All right. Now,...
Mr. Odio: And that we have to prove, by the way, to the Federal government
later on.
Commissioner Dawkins: OK. In the event that we had given the million dollars
($1,000,000.00) to the College, where would the two twenty-nine come... Oh.
Mr. Odio: Well, we would have...
Commissioner Dawkins: You have been in a deficit, so now you're trying to
cover it.
Mr. Odio: You know what we would have been? Herb and I had talked that we
would be short of monies to cover the department and we would have to think of
what we did with the people there.
Commissioner Dawkins: Well, I'll...
Mr. Odio: In other words,...
Commissioner Dawkins: I'll be against it, but I'll vote for it, but I'm not
voting to give Code Enforcement one penny.
Mr. Odio: Well, that's what...
Commissioner Plummer: They're useless.
Mr. Odio: Let me tell you what you did with the Code Enforcement money,
please, sir.
271 May 14, 1992
Commissioner Dawkins: Yes, sir.
Mr. Odio: You're paying the salaries,...
Mr. Castaneda: Of people.
Mr. Odio: ... legally of the inspectors.
Commissioner Dawkins: Yeah, but the inspectors are not...
Commissioner Plummer: They don't do nothing.
Commissioner Dawkins: The inspectors are not cleaning my lots, the inspectors
are not moving the abandoned vehicles,...
Commissioner Plummer: Absolutely.
E Commissioner Dawkins: ... the inspectors are not citing people for putting
out raw garbage, the inspectors aren't doing anything, Mr. Manager.
` Mr. Odio: Well, what we're trying...
Commissioner Plummer: I'll give you a better one. On 17th Avenue, across
from my house, there's a house there that's been operating an antique store
out of a home....
Commissioner Plummer: Will you give me the address, please, Commissioner?
Commissioner Plummer: You've got it. They've cited them, but they're still
there. They don't accomplish anything.
Mr. Odio: Let me put it this way. We need to have inspectors...
Commissioner Plummer: "Grande botella."
Mr. Odio: ... and we need to have, we have it inspectors now...
Commissioner Dawkins: I don't care. Not no hundred and seventy-five thousand
dollars ($175,000.00).
Mr. Odio: ... and if we don't pay them from here, we have to pay them from
somewhere else.
Commissioner Plummer: What do they do?
Commissioner Dawkins: OK, then. All right. But ain't no hundred and
'! seventy-five thousand dollars ($175,000.00).
1
Mr. Odio: Commissioner, they issue citations right and left, please.
Commissioner Plummer: Fine. They issue citations, but nothing gets
accomplished.
Mr. Odio: Well, OK.
272 May 14, 1992
Mayor Suarez: Wait. Before we get into the issue of how we're going to
allocate the money, we have to decide whether we're going to have that
determination made on June...
Commissioner Plummer: Well, wait a minute. we're not even talking about it
today.
Mayor Suarez: Right.
A. Quinn Jones III, Esq.: You need to set a date for the hearing.
Mayor Suarez: We're not going to get into...
Commissioner Plummer: June the 11th.
Mayor Suarez: ... a debate today on that, Roberto. Yes, Vice Mayor.
Vice Mayor Alonso: Yes. I'd like to know, and this is in preparation for
budget time, how many of the employees that are going to be paid from this
money and previous allocations that we have seen today, 1'd like to, at least
for my vote, that you divide who is going to be assigned where, so that we
know that we don't have duplication at budget time, that it's counted twice,
to simplify. So I want you to be sure that you provide that to us. I'm sure
all of us would like, but 1, personally, would like to see that.
Mr. Castaneda: Commissioner, let me explain how the two twenty-nine two
hundred figures comes to being.
Mr. Jones: Do it the next meeting.
Mr. Odio: Commissioner Alonso, let me explain. Six years ago Community
Development department...
Vice Mayor Alonso: Believe me, I agree that we should pass to the Federal
monies...
Mr. Odio: It's only...
Vice Mayor Alonso: ... all of the...
Mr. Odio: It's only been I-hree years now, two years now that, finally,
Development and Housing is 100% funded from Federal money.
Vice Mayor Alonso: I agree,...
Mr. Odio: OK.
Vice Mayor Alonso: ... but I'd like to see it so I don't...
Mr. Castaneda: OK.
Mr. Odio: Fine. We will provide that to you.
273
May 14, 1992
Vice Mayor Alonso: I'd like to identify that we don't have any duplication of
services,...
Mr. Castaneda: Yeah.
Mr. Odio: I have no problem in doing that.
Vice Mayor Alonso: ... and I'll be able to understand it quite well. That's
the reason I'm asking.
Mayor Suarez: All right.
Mr. Castaneda: Let me just explain to you the twenty-nine two hundred.
Vice Mayor Alonso: OK. Go ahead.
Mr. Castaneda: The two two twenty-nine two hundred was cut in the April
hearing from Community Development. It went up to 20%. To go to 20% of the
grant, it takes two hundred twenty-nine two hundred dollars ($229,200.00), and
that is that amount. From that amount, we pay for staff and for indirect
costs, which was the issue that was discussed this morning because you need a
plan in order to ask for indirect costs.
Commissioner Plummer: And how much is staff?
Mr. Castaneda: Whatever is not staff, is indirect cost.
Commissioner Plummer: How much is staff?
Mr. Castaneda: One point five, I believe.
Commissioner Plummer: And how many employees is it?
Mr. Castaneda: You're asking me to talk from the top of my head. I will send
you a budget.
Mayor Suarez: More or less. More or less.
Mr. Castaneda: We have 60 employees and, I believe, the budget is what? - one
and a half. No?
Commissioner Plummer: For staff.
Mayor Suarez: What percentage of your entire budget is in fact covered by the
CDBG?
Commissioner Plummer: No my question was, is how much of it is employees?
Mayor Suarez: Right.
Mr. 06 _,, One hundred percent of the budget is covered now by CDBG.
Mr. Castaneda: By CDBG.
274 May 14, 1992
Mr. Odio: Finally.
Mr. Castaneda: Or JTPA (Job Training Partnership Act).
Mr. Odio: The City of Miami used to contribute a million or more from the
general fund to his department, and that's all gone now.
Mayor Suarez: Yeah, we're trying to figure a way through the administration
of Federal programs to pay for the entire department.
Mr. Castaneda: Sure.
Vice Mayor Alonso: So actually that's why...
Commissioner Plummer: Yeah, but, you know, remember CETA (Comprehensive
Employment Training Act)?
Vice Mayor Alonso: ... Herb Bailey was so concerned...
Mr. Castaneda: Right.
Mayor Suarez: Right. The day that the program...
Vice Mayor Alonso: ... at that time where he was saying we are not going to
have an...
Commissioner Plummer: Remember CETA.
Mayor Suarez: The day that the Federal -program doesn't exist, we won't be
able to fund the department.
Commissioner Plummer: Remember CETA.
Mr. Odio: Well this is not CETA. This is not CETA.
Mayor Suarez: All right. Let's move on.
Commissioner Plummer: No, no, no. I'm saying where they pull the rug out
from underneath you.
Mr. Jones: Mr. Mayor. Mr. Mayor.
Mayor Suarez: Yes.
Mr. Jones: You need to set a date certain.
Mayor Suarez: All right, we're setting it for when? Frank.
Mr. Castaneda: June 11th.
Vice Mayor Alonso: June filth.
Mayor Suarez: June filth at 2:30 p.m.
275 May 14, 1992
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i
1
9
Vice Mayor Alonso: Same time?
Mr. Jones: You've got something else set.
Mayor Suarez: Well, we set the other one for 2:30, we go for 2:15 on this -
one.
Vice Mayor Alonso: OK.
Commissioner Plummer: Where does the other million dollars come from for Code -
Enforcement?
Vice Mayor Alonso: Or 2:45. -_
Commissioner Plummer: You told us, Mr. Manager, that Code Enforcement is a
million dollar ($1,000,000.00) budget. Yes.
Mayor Suarez: They're not that precise.
Commissioner Plummer: Well, where was I told that? What is the total budget
= for Code Enforcement?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Then Sergio gave me that figure. I'd like to have a
figure, please.
Mr. Odio: Let me have... Wait. Wait. We have,... I know this. We have 11
inspectors.
Commissioner Plummer: OK. I'm talking the total budget for Code Enforcement. Q'=
Would you get me that number, please, and give it to me?
Mr. Odio: What I've done now is taken the inspectors out of that building and -
they are now working in...
Commissioner Plummer: Driving around in cars, drinking coffee, reading
newspapers.
Mr. Odio: Commissioner, that's not true.
Commissioner Plummer: They're not getting anything accomplished.
Mr. Odio: We have had... You want me to tell you the number of...
Commissioner Plummer: Mr. Manager, as long as that house is operating as an
antique store in my neighborhood,...
Mr. Odio: Will you please give me the address?
Commissioner Plummer: ... don't tell me they're doing a good job.
Mr. Odio: I'll be going there tomorrow.
276 May 14, 1992
Commissioner Plummer: Excuse me.
- Mr. Odio: What is the address?
- Commissioner Plummer: Here's the man. Give him the address. You all have —
already acted on it.
Vice Mayor Alonso: How come he knows? He's been there?
Commissioner Plummer: In the 2400 block of S.W. 17th Avenue. You know what
I'm talking about. The antique store. How long ago did you rule on that =
board? Six months ago. Seven months ago. Eight months ago. E
Unidentified Speaker: (OFF MIKE) It's under lien right now.
Commissioner Plummer: Yeah, and they're still there, right? They're still
there. They're still there. The neighbors say, "Hey, so what?" There went _
your million dollars.
Vice Mayor Alonso: How come we cannot close them? They are operating as a
- business?
Commissioner Plummer: That's right.
Vice Mayor Alonso: They don't have a license? How come we don't...
Commissioner Plummer: Every night you go by,... —
Mr. Odio: Commissioner.
Commissioner Plummer: ... you'll see the U-Haul truck backed up there.
Mr. Odio: I will send someone there tomorrow morning, first thing.
Vice Mayor Alonso: We can close that.
Mr. Odio: And I will see if I can close it.
Commissioner Plummer: Mr. Manager, Code Enforcement is fully aware. They
- ruled on it almost nine months ago, and nothing.
_ Mr. Jones: It depends on what they did.
Mayor Suarez: Commissioner Plummer, I distinctly remember at nine o'clock
this morning your saying that we wanted to finish today by 6:00 p.m. Could we
get some of these other matters done administratively so that we don't...
Mr. Odio: You're judging the whole program on one house.
Vice Mayor Alonso: So June 11th? OK.
Mayor Suarez: 2:15 we'll go for.nm
Vice Mayor Alonso: OK.
277 May 14, 1992
Mayor Suarez: Did you need a clarification, Matthew, on part of this? Mr.
Castaneda.
Mr. Schwartz: Commissioners, I...
Commissioner Plummer: What do you want?
Mr. Schwartz: This was...
Vice Mayor Alonso: What he has to do with it?
Mayor Suarez: I don't know.
Mr. Schwartz: When the discussion came before the...
Commissioner Plummer: What?
Mr. Schwartz: ... Commission for the three hundred thousand dollars
($300,000.00) that they're proposing to reallocate possibly,...
Mr. Castaneda: We deferred this to June 11th?
Mr. Schwartz: ... that was for...
Mayor Suarez: Are we today, or June 11th, or any other time, proposing to
reallocate three hundred thousand dollars ($300,000.00)? I thought the item
had to do with the Miami -Dade Community College funding.
Mr. Castaneda: Commissioner, it is my impression that the Commission said
that they wanted to re -discuss the issue concerning the incentive for
downtown, and I wanted to get a clarification.
Mayor Suarez: When did you get that impression?
Commissioner Plummer: What for downtown?
Mr. Schwartz: It wasn't downtown. It was Citywide.
Mr. Castaneda: There was three hundred thousand dollars ($300,000.00) in the
public hearing, and I think in the record it says that we'll set it aside for
discussion later, and I want to know if the Commission wants to discuss it.
Commissioner Dawkins: Three hundred thousand dollars ($300,000.00) from
where?
Mr. Castaneda: From CDBG for the incentive fund. If you want, I can show
you...
Commissioner Dawkins: And you want to give it to DDA?
Commissioner Plummer: For what purpose?
Commissioner Dawkins: No way. Bye.
278 May 14, 1992
Mr. Castaneda: For an incentive fund.
Commissioner Dawkins: No way. Good-bye.
Commissioner Plummer: A what kind of fund?
Mr. Castaneda: To attract projects.
Vice Mayor Alonso: And you wanted us to discuss this today.
Mayor Suarez: (OFF MIKE) Incentive.
Commissioner Plummer: Oh. Incentive. Oh, no, no, no. No, no, no.
Mr. Schwartz: This was a Citywide program.
Commissioner Plummer: Even your chairman didn't know what that meant.
Mr. Castaneda: Right.
Commissioner Plummer: You don't come in here looking for no three hundred
thousand.
Mayor Suarez: Is that money, at this point, allocated?
Mr. Castaneda: It is allocated...
Commissioner Plummer: You bet your bippy it is.
Mr. Castaneda: ... for the incentive fund, and I wanted to know if the
Commission wanted to discuss that issue, because there was some discussion on
it...
Commissioner Plummer: Oh, no.
Commissioner Dawkins: It's allocated to DDA?
Mayor Suarez: Why is it relevant to today's agenda?
Mr. Schwartz: No, it isn't.
Mr. Castaneda: As part of the public hearing...
Commissioner Dawkins: And you won't get it.
Mr. Castaneda: ... for the reallocation of...
Commissioner Dawkins: And you aren't going to get it.
Vice
Mayor Alonso:
No,
no, no.
Vice
Mayor Alonso:
We're
going to do it June 11th.
279 May 14, 1992
Commissioner Plummer: That little "bandido" was trying to run around the left
end.
Commissioner Dawkins: You aren't going to get it.
Mayor Suarez: All right. You're absolutely sure that we wanted that matter
to be revisited, right?
Commissioner Plummer: No.
Mr. Odio: Not today.
Commissioner Plummer: Mr. Mayor, you raised holy hell because you didn't even
know about it.
Mayor Suarez: I don't know what we finally did after we had all those
questions.
Mr. Odio: You set it aside as a reserve.
Vice Mayor Alonso: It was allocated for the entire City of Miami.
Mr. Castaneda: But it was not part of the motion, so I thought that the
proper thing was to bring it up for your discussion.
Commissioner Plummer: Well, let's settle it right now. I'll make a motion
that, that is not go to DDA.
Commissioner Dawkins: Second.
Mr. Schwartz: Commissioner. Commissioner.
Mayor Suarez: Moved and seconded. I don't know what that has to do with
anything.
Mr. Schwartz: The question...
Commissioner Plummer: Just so there'll be no... Save Matthew's time here, the
next time we discuss it.
Mr. Castaneda: Is this discussion?
Mr. Odio: Can I use it for my homeless, please?
Commissioner Dawkins: Second. Second. Call the roll.
Mr. Schwartz: No.
Commissioner Dawkins: Mr. Mayor.
Mr. Odio: Could we use it for the homeless?
Mayor Suarez: Do you not want it to go into this incentive, Citywide
incentive program? Do we even know what that is?
280 May 14, 1992
Commissioner Plummer: Citywide?
Mr. Schwartz: Yes.
Commissioner Dawkins: What is City...
Mr. Odio: What is that? Tell me what it is.
Commissioner Plummer: Handled by us, yes. By DDA, no.
Mr. Schwartz: That's what you approved.
Mayor Suarez: Nobody is saying the DDA is going to get it.
Mr. Schwartz: That's what you requested at the last meeting.
Commissioner Plummer: My motion, in effect, leaves...
Mr. Schwartz: Yes.
Commissioner Plummer: it with the City.
Mr. Schwartz: Yes.
Mr. Odio: Oh, i know what it was.
Vice Mayor Alonso: That's exactly what we want.
Mayor Suarez: Nobody is saying that DDA is going to handle that.
Mr. Schwartz: Yes, that's what you did.
Mr. Odio: You set that money aside, like in instances like MCI was going to
be brought to the City...
Mr. Schwartz: That's right.
Mr. Odio: ... to use that money to go out and...
Commissioner Plummer: For the City.
Mr. Odio: ... and promote the downtown...
Vice Mayor Alonso: So we will use it accordingly to the needs of the City of
Miami.
Commissioner Plummer: Not DDA.
Vice Mayor Alonso: So leave it as we have it.
Commissioner Plummer: That's right.
281 May 14, 1992
or -) "�
Mayor Suarez: So there's nothing to be done with it right now, and there's
nothing to be done with it June lath.
Vice Mayor Alonso: So we, not him, that's it.
Mayor Suarez: Right.
Commissioner Plummer: Good-bye.
Commissioner Dawkins: Incentive.
Mr. Odio: I could use it for the homeless right now.
Vice Mayor Alonso: End of it, it stays with us. End of conversation.
Commissioner Dawkins: Incentive how?
Mayor Suarez: For bringing in companies from out of town, etcetera.
Commissioner Dawkins: So, therefore,...
Vice Mayor Alonso: And that's exactly what you want.
Mr. Schwartz: Yeah.
Commissioner Dawkins: ... I've got a shot at three hundred thousand dollars
($300,000.00) to help me establish the free trade zone in Wynwood.
Mr. Odio: Yes.
Commissioner Plummer: Yeah.
Commissioner Dawkins: OK. All right. No problem. Hey, I'm... All right.
No problem.
Mr. Schwartz: That's what it was...
Mr. Odio: Yes, that's exactly...
Commissioner Dawkins: As long as you get three votes up here.
Commissioner Plummer: Well, assuming that you get the seven million from the
State.
Vice Mayor Alonso: By that, are you saying that we, the City, take care of
it.
Commissioner Dawkins: The way your president's giving away money, I may get
it from your president.
Commissioner Plummer: Not my president. I don't look like no elephant. Are
we going home?
Commissioner Dawkins: Go ahead, call the next item, Madam Vice Mayor.
282
May 14, 1992
Vice Mayor Alonso: No, I guess what we do is move to the next item.
Commissioner Dawkins: Yes, ma'am.
Vice Mayor Alonso: 43.
Ms. Matty Hirai: Madam Vice Mayor, did we call the roll on that last motion?
Vice Mayor Alonso: I beg your pardon.
Ms. Hirai: We don't call the roll...
Commissioner Dawkins: Call the roll.
Ms. Hirai: ... on that last motion?
Commissioner Plummer: On 42?
Vice Mayor Alonso: No, because we didn't take any action on 42. We are going
to...
64. AUTHORIZE INCREASE OF $31,000 IN CONTRACT WITH URBAN CONSTRUCTORS, INC.,
FOR AFRICAN SQUARE PARK RENOVATIONS - BUILDING AND SITEWORK PROJECT
(SECOND BIDDING) B-3237-B (CIP 331053) -- RATIFY MANAGER'S WRITTEN
FINDING THAT INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES.
Vice Mayor Alonso: Then 43.
Commissioner Dawkins: Move it.
Mr. Cesar Odio: What's that.
Commissioner Dawkins: I don't like it, but move it.
Vice Mayor Alonso: Moved. Do we have a second?
Commissioner Plummer: Second.
Vice Mayor Alonso: OK. Any discussion? Call the roll, please.
Commissioner Dawkins: The money's already been spent, right?
Mr. Jim Kay: With the exception, I think of the fire alarm system, yeah.
Commissioner Dawkins: OK. —_
Vice Mayor Alonso: Call the roll.
Commissioner Plummer: The thirty-one thousand has not been spent.
283 May 14, 1992
Mr. Kay: No, no, no. It hasn't.
Vice Mayor Alonso: To increase the contract to that amount.
Mr. Kay: Yes, to increase the contract. Yes.
Commissioner Plummer: Yeah. But this is not ratification.
Vice Mayor Alonso: Yes.
Commissioner Dawkins: OK. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-330
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT NOT TO EXCEED $31,000, IN THE CONTRACT BETWEEN
THE CITY OF MIAMI, FLORIDA, AND URBAN CONSTRUCTORS,
INC., DATED FEBRUARY 28, 1991, FROM $394,677.00 TO
$424,677.00, FOR THE AFRICAN SQUARE PARK RENOVATIONS -
BUILDING $ SITEWORK PROJECT (SECOND BIDDING) B-3231-B,
CAPITAL IMPROVEMENT PROJECT NO. 331053, WITH SAID
FUNDS TO BE PROVIDED FROM THE CAPITAL IMPROVEMENTS
ORDINANCE NO. 10938 FROM FUNDS ALREADY APPROPRIATED TO
THE PROJECT; FURTHER RATIFYING THE CITY MANAGER'S
WRITTEN FINDING THAT THE HEREIN INCREASE RESULTED FROM
EMERGENCY CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF
FOUR -FIFTHS OF THE MEMBERS OF THE CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor Be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
284 May 14, 1992
65. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF S.W. 16 STREET HIGHWAY
IMPROVEMENT (DISTRICT H-4488).
Vice Mayor Alonso: Item 44.
Commissioner De Yurre: Move it.
Commissioner Plummer: Move it. Second.
Commissioner Dawkins: Anyone here to speak against 44? Seeing none...
Vice Mayor Alonso: Let's hear from the department. Sir, do you have any
complaints in reference to item 44? At times, we receive phone calls in the
office and we refer them to you, and I don't have recollection about this
particular item. Do you have any?
Mr. Jim Kay: No, this is an old item. It was actually... Construction was
completed three or four years ago. We were... The City was in litigation with
the contractor and we finally resolved it, so we're here now...
Vice Mayor Alonso: OK. No problem. OK. Do we have a motion and a second?
Commissioner Plummer: Yes.
Vice Mayor Alonso: Call the roll, please.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-331
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF S.W. 16 STREET HIGHWAY IMPROVEMENT IN
S.W. 16 STREET HIGHWAY IMPROVEMENT DISTRICT H-4488 AND
REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT
HEREBY CERTIFIED.
(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:
285 May 14, 1992
C
•
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
66. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF CITYWIDE HIGHWAY
IMPROVEMENT - PHASE II (DISTRICT H-4515).
Vice Mayor Alonso: 45.
Commissioner Plummer: Move it.
Commissioner Dawkins: Second.
Vice Mayor Alonso: Call the roll. Anyone that wants to express concerns or
complaints about this item? OK. Call the roll, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-332
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF CITYWIDE HIGHWAY IMPROVEMENT -PHASE II
IN CITYWIDE HIGHWAY IMPROVEMENT DISTRICT -PHASE H-4515
AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT
NOT HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso =-
NOES: None.
ABSENT: Mayor Xavier L. Suarez
286 May 14, 1992
67. DENY REQUEST BY HAITIAN AMERICAN FOUNDATION, INC. TO CONVERT PRIOR LOAN
TO A GRANT; INSTEAD, GRANT ONE-YEAR EXTENSION TO SAID FOUNDATION FOR
REPAYMENT OF LOAN.
Vice Mayor Alonso: Item 46. Personal appearance, Mr. Ringo Cayard, President
of the Haitian -American Foundation, to discuss conversion of a loan granted to
Haitian -American Foundation...
Commissioner Plummer: Recommendation of the Administration.
Vice Mayor Alonso: ... to a grant.
Mr. Cesar Odio: We have found out that this organization is not a 501. We
recommend that they pay the monies back that are due to the City, whenever
they are due, that this will be repaid as it was intended in the first place.
Commissioner Dawkins: You're not a 501(c)(3)?
Mayor Suarez: 501(c)(3)?
Mr. Ringo Cayard: We had applied to the firm and they're
supposed to give us... I mean, as a matter of fact, the paper came from
Atlanta this week or so.
Commissioner Plummer: How much money are we talking about?
Vice Mayor Alonso: Fifty thousand ($50,000.00).
Mr. Odio: Fifty thousand ($50,000.00).
Mr. Cayard: We're talking about fifty thousand ($50,000.00), and I have to
also... By the way, my name is Ringo Cayard, 47 N.E. 36th Street. The first
time we got funded, we were not also a 501(c)(3), so I'd like to remind that
to the Manager, and also...
Commissioner Dawkins: OK. I agree with you, but that don't mean we were
right when we did it. Because we did it, we could have been wrong.
Mr. Cayard: Yes, I understand.
Commissioner Dawkins: But, all right. Didn't we make a hundred thousand
dollars ($100,000.00) available to the Haitian community?
Mr. Odio: The first time it was a loan.
Commissioner Dawkins: But didn't we make a hundred thousand dollars
($100,000.00) available to the Haitian community?
Vice Mayor Alonso: Last Commission...
287 May 14, 1992
-
-
Commissioner Plummer: Yes.
Commissioner Dawkins: Would the Commission be in favor of granting the
request and holding fifty thousand dollars ($50,000.00) in abeyance, and in
the event that they do not get the 501(c)(3), that this be deducted from the
other amount?
Commissioner Plummer: Wait, wait. To my colleague.
Commissioner Dawkins: Yes.
Commissioner Plummer: I don't know that we made a hundred thousand dollars -
-
($100,000.00) available to this organization.
Commissioner Dawkins: No, we didn't.
Vice Mayor Alonso: No. To the Haitians.
Commissioner Dawkins: To the Haitian community.
Commissioner Plummer: We made a...
Commissioner Dawkins: To the Haitian community.
-
Commissioner Plummer: ... hundred thousand available to the entire Haitian
communi ty, ... -
Commissioner Dawkins: Haitian community.
-
Commissioner Plummer: ... and we were to hear from the rest of the community
of those who were interested.
i
Vice Mayor Alonso: Correction. It was two hundred thousand, not one hundred.
=
Two hundred thousand.
Commissioner Plummer: OK. But we were to hear from other interested parties
-
that were - because we felt that there was an inequity as to the amount of the -
disbursement into the Haitian community. Now, I guess my main question is,
what would this money be used for?
Mr. Cayard: The money has been used, Commissioner Plummer, to not only pay
the rent, the phones, and also some of the salary because the way it is with �_
Metro -Dade, we have some kind of - so much for Metro -Dade and so much come
from City of Miami and so much from so it's shared.
Commissioner Plummer: What is the total budget of this organization annually? e
Mr. Cayard: We have over four hundred thousand.
Commissioner Plummer: And where does the rest of the funding come from? �.-
-
Mr. Cayard: The funding comes from Metro -Dade, we had a hundred and forty
thousand dollars ($140,000.00)...
288 May 14, 1992
=a
-
Commissioner Plummer: Is that a loan...
Mr. Cayard: ... in September.
Commissioner Plummer: ... or a grant?
Mr. Cayard: No. No loan. A grant. And we just had... We were awarded a
hundred thousand dollars ($100,000.00) about a month ago in the revenue -
sharing because they realized there was some kind of mistake toward the
Haitian community by not giving so they put a hundred thousand to the Haitian- _
American Foundation, and we have received grants from - this
is our third grant. We have one for thirty -something thousand, another one
for forty-seven, another one for fifty -something thousand.
Commissioner Plummer: It's a...
Mr. Cayard: So as you know, we do...
Commissioner Plummer: It's a mean man that won't compromise. It's a mean man
that won't compromise. Give him twenty-five as a grant, and twenty-five as a
loan.
Mr. Cayard: But we don't have any way to pay.
Mr. Odio: You cannot give him a grant outright with these funds.
Commissioner Plummer: Oh, you cannot? Mae
Mr. Odio: You cannot.
Vice Mayor Alonso: Can we provide an extension?
Mr. Odio: You can provide an extension of the payment...
Vice Mayor Alonso: To work out a plan?
Mr. Odio: You can provide an extension of payments. That's your prerogative,
but you cannot outright give him a grant.
Commissioner De Yurre: When was the note due? - or the loan due?
Mr. Frank Castaneda: September 30th.
Commissioner Plummer: Of what? Of this year?
Mr. Castaneda: Yeah.
Commissioner De Yurre: So it's not due yet.
Mr. Castaneda: He's not due yet.
Vice Mayor Alonso: He will be. f
Mr. Castaneda: He will be. -
289 May 14, 1992
Commissioner De Yurre: OK. Does that carry just a flat out loan without
interest? - or what are the...
Mr. Odio: No interest.
Commissioner De Yurre: ... conditions?
Mr. Odio: Zero percent interest. c
Commissioner Plummer: Well, how about paying it back on a one -twelfth basis =
per month? - from October 1 on.
Mr. Odio: That's your prerogative.
Mr. Cayard: But, Mr. Commissioner, to pay something back, you have to have a
community where you could generate funds, and that's not our case.
Commissioner Plummer: We assume that you made that commitment when you took
out the loan. =
Mr. Cayard: We understand that, but you have also to realize that at that
-
time we didn't have the Guantanamo situation that we're faced with. We have —_
over five thousand Haitians, and I would be more than glad to see you come
into the office any day,...
Commissioner Plummer: T'Ve been there.
Mr. Cayard: ... and you'll see so many people now from Guantanamo coming
with, of course, their legal status in order to get help, and we just cannot =_
turn them away.
Commissioner Dawkins: Mr. Cayard, accept the conditions, go home, if you can
make the payment, come and tell us, if you can't, come back and tell us. OK?
Everybody up here is aware of the need in the Haitian community. Everybody up
here is aware that the other facility that you had was destroyed by an
internal combustion fire, and that you are struggling trying to get back into
a position to help people in the Haitian community. Whatever they say up
here, say OK.
Mr. Cayard: All right.
Commissioner Dawkins: What's the motion?
Vice Mayor Alonso: Can...
Commissioner De Yurre: Make a motion for no action, really.
Commissioner Dawkins: That's right. That's right.
Vice Mayor Alonso: Well, I think he's concerned that September is almost
here, and perhaps... Can we grant him an extension?
290 May 14, 1992
1
LI
Mr. Castaneda: That's general fund money.
fifty thousand dollars ($50,000.00) here.
Vice Mayor Alonso: What section?
Commissioner Dawkins: Can they extend it?
Vice Mayor Alonso: One year? For one year?
That is general fund money. The
Commissioner Dawkins: All right. We'll extend the loan... Go ahead, Madam.
Vice Mayor Alonso: Yeah, that we grant an extension of one year to give them
the opportunity to obtain the money. Rather than giving them a grant, we are
extending the loan and then we will see what happens, and of course we will
take into account the needs of the community.
Commissioner Dawkins: And then we will work with you to try...
Vice Mayor Alonso: Exactly.
Commissioner Dawkins: ... to have a fund raiser or something to pay the money
back.
Mr. Cayard: OK.
Commissioner Dawkins: OK?
Mr. Cayard: And we will be coming back, maybe on the 11th, for the other
matter of whatever we have to...
Vice Mayor Alonso: Yeah, the rest of the items has nothing to do with this.
Commissioner Dawkins: Nothing at all.
Vice Mayor Alonso: This fifty thousand is a separate issue, and we are giving
you an extension of one year.
Mr. Cayard: OK. That's good.
Mayor Suarez: So moved.
Commissioner Dawkins: OK.
Commissioner Plummer: Let me ask a question.
Commissioner Dawkins: Second.
Commissioner Plummer: Why have we not heard anything from the rest of the
Haitian community? We've made two hundred thousand dollars ($200,000.00)
available, but yet we haven't heard anything or any requests...
Mr. Cayard: No, we...
Vice Mayor Alonso: But, they were here.
291 May 14, 1992
Commissioner Dawkins: Because they're coming...
Vice Mayor Alonso: Yes. They came.
Commissioner Dawkins: ... the next time.
Mr. Cayard: Yes, they were here, and the task force is here, and also we
presented a proposal for one hundred and thirty thousand.
-
Commissioner Dawkins: That's not on the agenda. =-
Vice Mayor Alonso: Of course.
-
Commissioner Plummer: Let me hear from Fedy for a minute.
Mr. Fedy Vieux-Brierre: You will hear from the others. They are getting _
ready right now to submit other proposals. �-
Commissioner Plummer: OK. Are they all being reasonable? _
-
Mr. Vieux-Brierre: Yes, sir.
Commissioner Plummer: I mean, like nobody's asking for more than fifty?
Mr. Vieux-Brierre: Well, a little bit more than fifty, but very reasonable.
=
Commissioner Plummer: Tell them to get reasonable.
Mr. Vieux-Brierre: I will review all the proposals before they get here.
Mayor Suarez: All right. We have a motion and a second, do we?
-
Commissioner Dawkins: Yes.
--
Mayor Suarez: Call the roll on the motion on the extension for one year.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
=i
RESOLUTION NO. 92-333 e
-'
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE LOAN AGREEMENT (DATED NOVEMBER 259 _
-
1991), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
BETWEEN THE CITY OF MIAMI AND THE HAITIAN AMERICAN
_=
FOUNDATION, INC., TO EXTEND THE DATE OF REPAYMENT ON
SAID LOAN ONE YEAR TO SEPTEMBER 30, 1993.
(Here follows body of resolution, omitted here and on
-'i
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
i
and adopted by the following vote:
292 May 14, 1992
1;
—
4
11
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes.
E.
Commissioner De Yurre: I also want to make sure on these petitions for monies
and all that, that we see something constructive. You know, I don't want to
see a lot of this money going to salaries because then it really gets wasted,
and we really don't get the benefit that the community really requires out
there.
Mr. Castaneda: Right. We're looking for project money, for projects to get
off the ground.
Vice Mayor Alonso: But that's usually the case when they get a little amount
of money and then we have to divide it in several organization, we end up
having that, a duplication of many of having to pay rent, and employees, and
so on.
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68. GRANT REQUEST BY HAITIAN IBO CLUB FOR CLOSURE OF DESIGNATED STREETS
CONCERNING ITS KONBIT KREYOL 192 EVENT -- REQUEST ADMINISTRATION TO WORK
WITH APPLICANT TO WAIVE, WHEREVER POSSIBLE, REQUESTED FEES AT NO OUT-OF-
POCKET COST TO THE CITY.
------------------------------------------------------------------------------
Mr. Ringo Cayard: Since we have... I mean we have to be presented again on
item 50, and it's just a matter of granting it, it's just to block the street.
Do you think I should come back or we could just do it right now?
Commissioner Plummer: What?
Commissioner Dawkins: To all the other people who have been sitting here all
day, I think it is best to wait.
Mr. Cayard: OK.
Vice Mayor Alonso: You're asking for street closures...
Mr. Cayard: Yeah, that's all.
Vice Mayor Alonso: ... and the stage and...
293 May 14, 1992
Commissioner Plummer: What item?
Commissioner Dawkins: It's four items down, 50.
Mr. Cayard: It's the IBO Club, which is the Miami -Dade Community College.
Vice Mayor Alonso: What is the recommendation?
Commissioner Plummer: And you want to waive the fees?
Vice Mayor Alonso: A hundred and sixty-eight dollars ($168.00).
Mr. Cesar Odio: Well, the first thing they have to do, please, Commissioner,
it's part of the procedures that they have to meet with the Police Department,
and sit down with them and then after they do that, they should come here.
Commissioner Plummer: Yeah, but the mobile stage is seven hundred and fifty _=
dollars ($750.00).
Vice Mayor Alonso: No. Right here it says a hundred and sixty-eight...
Commissioner Plummer: Huh? -
Vice Mayor Alonso: A hundred and sixty-eight dollars ($168.00).
Commissioner Plummer: For... Huh? You got more than that...
Vice Mayor Alonso: Fourteen dollars ($14.00).
Commissioner Plummer: Excuse me, Madam Commissioner.
Vice Mayor Alonso: Yeah.
Commissioner Plummer: You've got more than that in labor to take it out, and
set it up, and tear it down. -
Vice Mayor Alonso: What is this then?
Mr. Frank Castaneda: Commissioner, these are waivable fees. This does not
include labor. The labor they would have to pay.
Mayor Suarez: OK. As to the waivable fees, I'll entertain a motion and...
Vice Mayor Alonso: Waivable fees is what he's asking. --
Mayor Suarez: We don't need to...
Vice Mayor Alonso: Yes. I...
F
Mayor Suarez: ... go through dollar for dollar...
Vice Mayor Alonso: I think they can do that.
294 May 14, 1992
Mayor Suarez: ... this every time, folks, you know. As to the waivable fees,
we make a motion. Everything else you have to pay.
Vice Mayor Alonso: Well, we instruct the Administration to work with them,...
Mayor Suarez: Yeah.
Vice Mayor Alonso: ... and to waive whatever the fees are possible...
Commissioner Plummer: What are the decorative flags?
Vice Mayor Alonso: ... to be waived and to... But remember you have to meet
with the Police Department.
Mr. Cayard: Oh, yes. We are three organizations. The Haitian Task Force,
the Haitian American Foundation, and the Miami -Dade Community College
together, putting it together.
Vice Mayor Alonso: OK.
Mayor Suarez: Very good.
Mr. Cayard: They've done all that. They already met with the Police...
Mayor Suarez: We waive what we can,...
Vice Mayor Alonso: Yes.
Mayor Suarez: ... what doesn't cost us any out-of-pocket,...
Vice Mayor Alonso: Exactly.
Mayor Suarez: ... and everything else you have to pay for. All right.
Vice Mayor Alonso: And, after they work with the Police Department, then we
can talk about the street closures and it will be no problem.
Mayor Suarez: All right. Do we need that in the form a motion at this point?
Vice Mayor Alonso: I don't think so because it's...
Mr. Cayard: Since the festival is on the 30th.
Mayor Suarez: Of?
Vice Mayor Alonso: What?
Mr. Cayard: The festival is on the 30th.
Mayor Suarez: Of what?
Mr. Cayard: Of May.
Vice Mayor Alonso: Oh.
295 May 14, 1992
Mayor Suarez: All right. What...
Vice Mayor Alonso: Well, the...
Mayor Suarez: We'll leave it to the Administration to work out the details,
but only waiving those things that are not out-of-pocket.
Commissioner Plummer: May I inquire as to what streets you anticipate
closing?
Mr. Cayard: Right in front of the Caribbean marketplace in order to bring
some more life into...
Commissioner Plummer: On N.E. 2nd Avenue?
Mr. Cayard: 59th Street. N.E. 2nd Avenue.
Commissioner Plummer: OK. But I mean, you're talking about one block?
Mr. Cayard: It's about two blocks I would say. Two blocks.
Vice Mayor Alonso: Can we move subject to the Police Department approval.
Lt. Joseph Longueira: Yeah, as long as we resolve,...
Mayor Suarez: Sure.
Lt. Longueira: ... you know, the fees for the...
Vice Mayor Alonso: The issue, I think, we should move on that...
Mayor Suarez: It's up to you. I mean, we delegate to the Administration to
work out the details...
Vice Mayor Alonso: Yes. So that we can resolve. They don't have to come
back, if it's agreeable with the Administration.
Mayor Suarez: Right.
Vice Mayor Alonso: It's done. OK. I so move on the basis of this
prohibition.
Lt. Longueira: As long as it's... It's N.E. 2nd Avenue from 59 to 62nd
Street. Right?
Mayor Suarez: You decide. You decide what is logical, you and the
Administration.
Vice Mayor Alonso: OK. On the...
Mayor Suarez: So moved.
Vice Mayor Alonso: ... basis as presented, I so move.
296 May 14, 1992
Mayor Suarez: Seconded?
Commissioner Plummer: Second.
Mayor Suarez: There you go. Call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-334
A RESOLUTION RELATED TO KONBIT KREYOL `92 STREET FAIR
TO BE CONDUCTED BY MEMBERS OF THE HAITIAN IBO CLUB ON
SATURDAY, MAY 30, 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;
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 AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: At this time, agenda item 48 was
called for discussion and the record was marked to
reflect no appearance by interested parties.
297 May 14, 1992
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69. DISCUSS AND DEFER CONSIDERATION OF REQUEST BY MR. BILLY H,4RDEMON, OF
HARDEMON'S MARKET, TO DISCUSS REQUEST FOR BUSINESS FUNDING. (Deferred
to June filth meeting.)
Mayor Suarez: Item 49. Billy.
Mr. Cesar Odio: Mr. Hardemon is here.
Mayor Suarez: Been here a good deal of the day.
Mr. Odio: We had given him a loan on the Model City Program, Mr. Mayor, and I
would recommend that we take first position on the mortgage, the first
mortgage on his house, and to convert part of the monies that he owes us into
that mortgage and complete it up to a hundred thousand dollars so that he can
continue on in his business, and with one condition...
Mayor Suarez: They take technical advice from Tools for Change.
fir. Odio: ... that we have technical support there at all times to work with
him.
Commissioner Plummer: What is the appraisal on his house?
Vice Mayor Alonso: It has to be at least eighty.
Mr. Billy Hardemon: On the property.
Mr. Odio: Huh?
Mr. Hardemon: On the store.
Mr. Odio: It's a store, I mean I'm sorry.
Commissioner Plummer: No. How much... You're using the house as collateral?
Mr. Odio: Yes, we'll take a first position on the house. On the business.
Commissioner Plummer: And what is the appraisal of the house?
Mayor Suarez: The business. The business. The business. Not the house.
Mr. Odio: Business. I'm sorry. Business.
Mr. Hardemon: On the business, not on the house.
Commissioner Plummer: All right, then do you own the business?
Mr. Odio: We expect it to be close to...
Mr. Hardemon: Yes, sir.
298 May 14, 1992
Commissioner Plummer: Do you own the property?
Mr. Hardemon: Yes, sir.
Commissioner Plummer: And what is your equity in that property? What's the
value of the property?
Mr. Hardemon: It's one twenty-five.
Commissioner Plummer: That's by an appraisal, I assume?
Commissioner De Yurre: Do you have a copy of the appraisal?
Mr. Hardemon: No, no. We don't have an appraisal. No.
Commissioner Plummer: You don't have an appraisal? OK. And what is your
equity in that, assuming that you're correct on the appraisal?
Mr. Hardemon: Assuming I'm correct - Well, I know that I'm correct - other
than the outstanding Model Cities loan and the...
Commissioner Plummer: No, the property you bought.
Mr. Hardemon: Yes, sir.
Commissioner Plummer: OK. What do you owe on the property? What is your
equity?
Vice Mayor Alonso: We will buy the first mortgage is the proposition.
Mr. Odio: Well, let me put it this way.
Commissioner Plummer: That's what I'm trying to find out.
Mr. Odio: We wilt have a... We wi11 own the... We will have the first
mortgage. First position on this, and that's what I'm proposing.
Commissioner Plummer: The point I'm trying to make...
Mr. Odio: I don't believe he has any equity.
Commissioner Plummer: I'm still asking my question.
Mr. Odio: I don't believe he has any equity.
Commissioner Plummer: He has not equity?
Mr. Odio: No, but we're taking over the first position.
Vice Mayor Alonso: He has to have that when he's talking about these prices.
Mr. Hardemon: It will be sixty-five - If you approve...
299 May 14, 1992
Commissioner Plummer: No, no. Not what we approve. What you say, the
appraisal today is one twenty-five. OK. I'm asking, what is your equity in
that?
Mr. Hardemon: Yes, I do. It'll be one thirty-five minus fifty-five.
Conmissioner Plummer: How long have you had the property under mortgage?
Mr. Hardemon: Since 1989. Since 189.
Commissioner Plummer: Since eighty... Three years.
Mr. Hardemon: Yes.
Commissioner Plummer: OK. And you've paid how much towards the mortgage?
That's where you come about what your equity is.
Vice Mayor Alonso: How much did you pay for the property, first? - so we have
an indication.
Mr. Hardemon: No, this... In terms of equity, this is the way I'd like to put
it. We assessed it being valued, the property being valued at one twenty-
five.
Commissioner Plummer: Is that what you agreed... Is that your buying price?
Mr. Hardemon: Excuse me?
Commissioner Plummer: Is that what you agreed with the buyer, to pay them a
hundred and twenty-five?
Mr. Hardemon: No, when we bought the property, we paid twenty thousand and
assumed his mortgage.
Commissioner Plummer: And how much was the mortgage at that time?
Mr. Hardemon: At that time, it was roughly fifty something thousand.
Commissioner Plummer: So that's seventy. Mr. Manager, you know, I'm sorry to
say this. This is not anything to go on. To sit here and negotiate a
mortgage, to ask questions that the gentleman doesn't have real answers for, I
think it begs out that we've got to have, in proper sequence, what is
necessary to know exactly... First mortgage on something that has no equity,
is nothing. I don't even know where the business is located. It doesn't even
state that here.
Mr. Odio: Well, I'm sorry.
Commissioner Plummer: What kind of business is it? What is his cash flow?
All of those questions under normal...
Mr. Odio: All, we're trying to do, Commissioner, this...
300 May 14, 1992
Commissioner Plummer: Look, I want to help the man. OK? But, I've got to
have answers. I've got to know where I'm at.
Mr. Odio: Fine.
Commissioner Plurrmur: Now this, to me, is no way to do business. First of
all, we're not in the business of business funding.
Mr. Odio: Well, you...
Commissioner Plummer: But, I'd like to help him if I can.
Mr. Odio: You did...
Vice Mayor Alonso: Mr. Manager, why don't you explain your...
Mr. Odio: You were 1n the...
Vice Mayor Alonso: ... recommendation...
Mr. Odio: Yes, you were 1n the...
Mayor Suarez: Yes, we were.
Vice Mayor Alonso: ... and just walk us through the explanation...
Mr. Odio: Yeah, because he was...
Vice Mayor Alonso: ... that you know exists, of the value of the property.
You will do the appraisal, and after, you have...
Commissioner Plummer: You've got to.
Vice Mayor Alonso: ... the confirmation of the value, then you will proceed.
If the first mortgage is not in excess of forty-five thousand, you are saying
that then we will acquire that,...
Mr. Odio: That's right.
Vice Mayor Alonso: ... and be able to help him. But...
Mr. Odio: We gave him...
Vice Mayor Alonso: ..e it should be your job to explain this to the
Commission.
Mr. Odio: Well, we gave him, through the Model City Small Business Pilot
Program,...
Commissioner Plummer: Right.
Mr. Odio: ... we gave Hardemon's Market, owned by Billy Hardemon, a loan of
twenty-five thousand dollars for inventory.
301 May 14, 1992
E]
Commissioner De Yurre: What were the terms of that loan?
Commissioner Plummer: And that was...
Mr. Odio: There were no guaranteed loans. That was the...
Commissioner De Yurre: I mean what were the terms? Pay back, you know,
interest...
Mr. Odio: There was a second mortgage on the business.
Commissioner De Yurre: And how was he going to pay back that money? What is
it, twenty-five thousand?
Mr. Odio: He was to pay three hundred and fifty-eight dollars and twenty-five
cents...
Commissioner De Yurre: Per month?
Mr. Odio: Per month, as I remember.
Commissioner De Yurre: That includes interest and principal?
Mr. Odio: That's correct. There was no...
Commissioner Plummer: What kind of business is it?
Mr. Odio: It's a market,
Commissioner Plummer: Grocery store?
Mr. Hardemon: Yes, sir. If I may. If I can give you a little background.
Commissioner De Yurre: Well, hold it. Let me finish my questioning, because
then we go haywire on this thing. Now, the payments were how much per month?
Mr. Odio: Three hundred and fifty-eight dollars and twenty-five cents.
Commissioner De Yurre: Starting when?
Mr. Odio: This was back in 1990.
Commissioner De Yurre: When in 1990?
Mr. Odio: After September of 1990, I believe.
Commissioner De Yurre: September, 1990.
Mr. Odio: Right.
Commissioner De Yurre: So that was twenty... Almost twenty months ago.
Mr. Odio: That's correct.
302
May 14, 1992
s
Commissioner De Yurre: OK. How much has he paid of the three hundred and
fifty some dollars?
Mr. Odio: Very... Practically only one payment was made.
Commissioner De Yurre: One payment only?
Mr. Odio: Yes, sir.
Commissioner De Yurre: You only made one payment? 1
Mr. Hardemon: I made two payments.
Mr. Odio: Or two... =-
Commissioner De Yurre: Two payments of the twenty.
Mr. Odio: See, see, see. But...
Mr. Hardemon: If I may, Commissioner.
Commissioner De Yurre: Well, I just want to be clear as to what we're dealing
with.
_ BEF_
Vice Mayor Alonso: Three fifty-eight has been received toward the outstanding
balance.
Mr. Odio: He has paid three hundred and fifty-eight dollars.
Commissioner De Yurre: Three fifty-eight. And is that all principal? - or
interest? - or...
Mr. Odio: I think I need to say something here.
Commissioner Plummer: That's one payment.
Mr. Odio: You cannot... -
Vice Mayor Alonso: Toward the outstanding balance, so I suppose it's
principal.
Commissioner De Yurre: Now, what kind of money is this? Is this HUD (Housing
and Urban Development) money? Is this...
Mr. Odio: This was pool money that was set aside...
Commissioner Plummer: Buy him a capital.
Mr. Odio: ... to help black businesses to develop in that area, and we _
1 understood then that there was a risk attached to this, and I believe that
this is one area that we need to take more risk now. That we need to have
black -owned businesses, and the only way we can do it is through this way,
that's why I proposed..._
303 May 14, 1992
El
Commissioner Plummer: How many of those loans were repaid?
Mr. Odio: I don't know.
Commissioner Dawkins: None.
Commissioner Plummer: None.
Mr. Odio: Fine. But we... I think nobody kidded themselves. Did you expect
them...
Mr. Frank Castaneda: No, no, no. We have been able to manage with... Right
now, we are about...
Mr. Odio: If you're going... Wait a minute, Frank. Look, Commissioner
Plummer, if you're going to analyze this business as any business on Flagler
Street, or downtown Miami, you're wrong. We have to look at this from a
different perspective.
Commissioner Plummer: Mr. Manager, I don't mind helping when I think that
there is a chance...
Mr. Odio: I think we need to develop...
Commissioner Plummer: A chance. OK?
Mr. Odio: Yeah.
Commissioner Plummer: Now when you tell me that out of all of the loans that
were made out of that half a million dollars before, none of them have made
good, I have to wonder, when I heard from the department previously, that
people were operating without a checkbook, without any accountability. OK?
Mr. Odio: Why...
Commissioner Plummer: And they were taking money from one pocket to the
other.
Mr. Odio: But that's why...
Commissioner Plummer: When we went in and...
Mr. Odio: OK.
Commissioner Plummer: ... we asked questions, we got no answers.
Mr. Odio: Well, you know why? Because...
Commissioner Plummer: That is a half a million dollars of these people and my
money.
Mr. Odio: Because...
Commissioner Plummer: All right? We have the right to demand accountability.
304 May 14, 1992
Mr. Odio: Fine. And that's why I'm saying... e
Vice Mayor Alonso: Commissioner, but when we help these people I think part
of the process - because we are risking the money - I think we should have
i
something in place to work with the person...
Mr. Odio: That's what I...
Vice Mayor Alonso: ... and explain basic...
f�
e
Commissioner Plummer: I agree. :=
Mr. Odio: That's what I like... He agreed with me.
Vice Mayor Alonso: ... things so we have guarantee that the money's coming
a
back to us, because if we know from day one that they were not using a
checkbook, that they had no idea what a business was, we knew from day one
that they were going to fail. So maybe if we had helped them at the
beginning, we could walk them through the...
Mr. Odio: That's why I...
-=
Vice Mayor Alonso: ... system and teach them.
_
Mr. Odio: That's why I would like to ask the Commission to go ahead and
try...
Commissioner Plummer: No you didn't, because they did it right before
election time. -
Vice Mayor Alonso: Well, that's the problem. d
Mr. Odio: ... getting a first mortgage position...
-
Commissioner De Yurre: Well, before I can vote for...
—
Mr. Odio: ... to pay... s
Commissioner De Yurre: ... any of that, I need to see an appraisal of that
property.
Mr. Odio: No. Fine.
Vice Mayor Alonso: Oh, that's...
Commissioner Plummer: Of course. _
i
Mr. Odio: We will do that. -
Mr. Hardemon: That's...
-
Vice Mayor Alonso: You know, my suggestion will be that this item...
I
305 May 14, 1992
Mr. Odio: We can bring it back.
Vice Mayor Alonso: ... be sent to us the 28th with the explanation of
_
everything, and I'm sure we are going to find a solution to your case. But
a
the Administration has to provide backup to the entire Commission stating the —
_
appraisal is at least eighty thousand dollars.
Commissioner Dawkins: Get them.
A
A
Vice Mayor Alonso: Then the person who is holding the first mortgage is
-_
willing to sell at a lower price...
Mr. Odio: Could we...
Vice Mayor Alonso: ... that's something that they don't know, and it's true.
e
Mr. Odio: Could we...
Vice Mayor Alonso: All of these things that they need to know in order to
-
make...
R
Mr. Odio: Could we do this? _
Vice Mayor Alonso: They want to help you.
_-
Mr. Odio: Could we do this?
Vice Mayor Alonso: Yes.
-
Mr. Odio: Because by the time he comes back, he might not be in business.
Can we...
Vice Mayor Alonso: Then we better do something today.
Mr. Odio: Can we...
Vice Mayor Alonso: Because we are going to lose the money and we don't have e
—
any guarantee.
Mr. Odio: Can we advance him, based on the appraisal and everything, twenty
=
thousand dollars, which we would oversee for inventory so he can...
4
Commissioner De Yurre: You know, I've got no problem helping out. The thing
is, are we going to stop kidding ourselves and call a loan a loan, or a grant
a grant? If you have no... If you write off that you say...
_
Commissioner Plummer: Wait. Wait. Is he that marginal?
-
Commissioner De Yurre: ... we have to do certain things differently...
=
Vice Mayor Alonso: Yes, because they have the foreclosure proceeding already
under way.
Commissioner Plummer: The what?
306 May 14, 1992
FA
Li
Commissioner De Yurre: You know...
Vice Mayor Alonso: Foreclosure of the...
Commissioner Dawkins: You know. Hold it, hold it, hold it. You know, it's
amazing how quickly we forget. Southeast Bank went under. Not one black
person owed Southeast Bank a hundred thousand dollars. You know why?
Commissioner Plummer: Because they wouldn't loan it to them.
Commissioner Dawkins: Because they wouldn't loan it to us. Now, every other
bank has failed, all the savings and loans. Nobody said a word about the
white folks relief. But then when it comes time to spend a half million
dollars over there in an area that needs it, we've got a problem with it. I'm
saying up here now... There's no excuse for Mr. Hardemon having not made
payments. There's no excuse. But I also am privileged to live no more than
six blocks from the store. On the north corner, there is an Oriental store
that is fully stocked, has everything you want. Next door to Mr. Hardemon is
Rollin's Grocery, another small grocery store trying to make it. Then you
have Mr. Hardemon's store. If you go three blocks down the street, it's
another Oriental with a well -stocked store. But we aren't able to stock the
store to be competitive. Now, Billy, I, you know, I'm with you a hundred
percent, but you've got to pay back the money. We're not helping you if we do
not sit down with you and design a method by which you can operate. Because,
as it's said, it's impossible for you to man the counter, ring the cash
register, watch people who are stealing, go to the market, get what you need
and come back. So as the Manager said, we have to help you and offer you some
technical assistance. But we also have to have a promise from you that, hey,
from now on you're going up and not down. So, that's what we need. But, I
don't... I mean, I get very disturbed when I hear us say up here that we are
throwing money away in the black community when Southeast Bank went under, all
the savings and loans lost money, and none of it was in my neighborhood. But
yet... And that's my tax dollars. So, you know, let's find out what we're
going to do and try to help the gentleman.
Vice Mayor Alonso: Is it possible to move that we give the authority to the
Administration to work out a plan that will save them from going under, and
also as a protection for the money that we've already given, and we have no
protection whatsoever, no collateral, nothing to go after. Is is possible? -
and this will protect them, if we just do this at this point? Because I don't
know what else can we do. We don't have appraisals...
Commissioner Plummer: Do you own your home?
Vice Mayor Alonso: ... so we cannot make final decisions...
Mr. Hardemon: Yes.
Commissioner Plummer: Mr. Hardemon, do you own your home?
Mr. Hardemon: Yes.
Commissioner Plummer: Are you willing to put that up as collateral?
307 May 14, 1992
Commissioner Dawkins: No.
Vice Mayor Alonso: No, don't do that to him.
i
=_ Commissioner Dawkins: How in the hell can he put his home up? And sell the
home out from under his children and his wife and those? Come on.
Commissioner Plummer: Well, let's put it this way.
Commissioner Dawkins: OK.
Commissioner Plummer: You know, let's be honest.
Commissioner Dawkins: All right. Be honest.
Commissioner Plummer: They're doing the very same thing with Bijan on the
River, and they have made him put up his home as collateral.
Vice Mayor Alonso: Really?
Commissioner Plummer: Yes, ma'am. Yes, ma'am. Now, I don't think we should
ask any less or any more than anyone else. Bijan...
Commissioner Dawkins: OK. I'll tell you what, J. L.
Vice Mayor Alonso: That's a very difficult situation.
Commissioner Plummer: Huh?
Commissioner Dawkins: I will vote...
Vice Mayor Alonso: He has had a very difficult situation.
- Commissioner Plummer: Hey,...
Commissioner Dawkins: I will vote...
Commissioner Plummer: ... I'm saying they made him put his house up as
collateral. Correct?
Commissioner Dawkins: OK. I will vote for Mr. Hardemon to put his house up
�_ for collateral when you go to Dan... I'm sorry. I shouldn't personalize this.
When the public goes to Dan Paul, make Dan Paul produce all of the paintings
that he stole from Centrust Bank. When he produces all of the artifacts...
Commissioner Plummer: It's David Paul. David Paul.
-i Commissioner Dawkins: ... that he stole, then
� you should say to Mr.
Hardemon...
=_
Vice Mayor Alonso: David.
I
Commissioner Dawkins: ... put up your house. But Dan Paul...
308 May 14, 1992
y
1
Commissioner Plummer: David Paul.
Commissioner Dawkins: I mean David Paul has mislead all this money, and the
government has fined him two million dollars and he says I don't have that.
They turn around and fined him...
Commissioner Plummer: They can't.
Commissioner Dawkins: ..0 another two million, he says I don't have that. k
But yet nobody has found any of the money of the art that he stole, but yet
poor Billy Hardemon has to put up his house from under his wife and his
--
children.
Commissioner Plummer: Well, you know if you want to... = _
Mr. Odio: Let me propose something. _
Vice Mayor Alonso: No, I don't think that's right. What can we do? Make a
suggestion so we can move.
Mr. Odio: He owes forty-five thousand that if he doesn't pay that, he will be
foreclosed and there is no business.
Mayor Suarez: Twenty-five.
Mr. Odio: Forty-five.
Commissioner Plummer: Forty-five plus twenty-five.
Vice Mayor Alonso: No, no, no.
Mr. Odio: Wait, wait, wait.
Vice Mayor Alonso: It's twenty-five what he got. Forty-five is the...
Mr. Odio: No, no, no. The mortgage that he's being...
-
Vice Mayor Alonso: ... the first mortgage.
-
Mr. Odio: ... foreclosed is forty-five. Right?
=
Vice Mayor Alonso: The first mortgage.
Mr. Hardemon: Yes.
Mr. Odio: Forty-five.
Vice Mayor Alonso: Yes.
Mr. Odio: So we can pay that off and take a first position there. We know
that the business is worth more than that.
Commissioner De Yurre: Well, I need an appraisal. I don't need you to think.
1
309 May 14, 1992
Q
Mr. Odio: Well, but... _
Commissioner Plummer: Hey, hey. I'm sorry. I've got to be fair. Now, if
- you're going to do that with Mr. Hardemon, then I want you to go back to Mr. -
Bijan and don't make the same requirement of him.
Commissioner Dawkins: I second that motion.
Commissioner Plummer: OK? That's not fair.-
Commissioner Dawkins: I second that motion.
Vice Mayor Alonso: It never came to us that you requested for him to put his
home.
Commissioner Plummer: That is not fair.
Vice Mayor Alonso: I have no recollection of that.
Mayor Suarez: We did that with conventional financing.
Commissioner Dawkins: That's very unfair.
Vice Mayor Alonso: Very unfair. I wouldn't...
Commissioner Plummer: I'm telling you that, that is unfair. OK?
Mayor Suarez: Well, a lot of people put up their houses...
Vice Mayor Alonso: I know, but it's...
Commissioner Plummer:
Hey.
e
Mayor Suarez: ... with conventional
financing. A lot of
people lose their
-
houses. We don't know...
Commissioner Plummer:
Yeah.
Mayor Suarez: ... in
their particular case...
Vice Mayor Alonso: And most of the
time they don't even know
what they are
doing.
Mayor Suarez: ... if
their house was
a million dollar house...
r
Commissioner Plummer:
Well, then wait a minute. Wait
a minute. Frank.
Frank.
Mayor Suarez: ... in
your particular
case, if it's just...
Commissioner Plummer:
What do I have
to do, assuming we're
going to help Mr.
Hardemon, what have
I got to do to
take out from under
Bijan's house as
-
collateral?
-
310
May 14, 1992
Mayor Suarez: J. L. With all due respect, Commissioner Plummer, we're not on
Bijan. This matter is scheduled for consideration here. If you, after this,
want to review any and all similar loans by the City to see what collateral we
have, what security we have obtained, whether in fairness to others, we should
adjust any of those, we can do that. But, please let's try to resolve the
issue at hand. What...
Commissioner Plummer: Then should we not, with the precedent being set, ask
the...
Mayor Suarez: Absolutely.
Commissioner Plummer: ... same of him...
Mayor Suarez: Absolutely.
Commissioner Plummer: ... as the precedent that's being set.
Mayor Suarez: Absolutely. I have no idea...
Commissioner Plummer: Fine.
Mayor Suarez: ... of the Bijan deal.
Commissioner Plummer: OK?
Mayor Suarez: I don't... All I remember is allowing him to stay in City
land...
Vice Mayor Alonso: And make adjustments to the payment.
Mayor Suarez: ... and have a concession in City land, and make improvements
to the land. This is...
Mr. Odio: What he's talking about...
Mayor Suarez: ... presumably a totally private deal. This has nothing to do,
up to now...
Vice Mayor Alonso: Originally, you mean?
Commissioner Plummer: No, no. Just... He got a loan from...
Mr. Odio: He went to Miami Capital.
Commissioner Plummer: ... Miami Capital to put in docks on our property.
Mayor Suarez: Right.
Vice Mayor Alonso: Oh, yes.
Commissioner Plummer: OK? And they made him put up his home as collateral.
311 May 14, 1992
F:
Mayor Suarez: I don't know who made him put up his home.
Vice Mayor Alonso: Oh, but we didn't. It was a deal with Miami Capital.
Commissioner Plummer: Oh, no. Frank. No, no. Frank.
Mayor Suarez: Ralph Sanchez has the Grand Prix and he put his home up as
collateral, too.
Vice Mayor Alonso: Yes.
Mayor Suarez: Manny Medina put his home up. A lot of people put their homes
up, but that's not what we're talking about here. They're not borrowing
millions of dollars...
Vice Mayor Alonso: It's different.
Mayor Suarez: ... from us.
Commissioner Plummer: OK. —
Mayor Suarez: This was a...
Commissioner Plummer: If this gentleman is going to put up his home, and it's
in excess, and it's collateral,...
Mayor Suarez: You might require that at the next Commission meeting.
Commissioner Plummer: ,.. let's give it to him. Give him whatever he wants.
Mayor Suarez: We're not going to vote on that structure today. We need the
appraisal. _
Vice Mayor Alonso: Peopie...Exactly.
Mayor Suarez: We need the financing plan.
Vice Mayor Alonso: And it seems that the business is enough guarantee to
cover the money that we are going to pay off.
Mayor Suarez: Right. It may be that we don't loan him the money at all, with
or without the house.
Mr. Hardemon: Mayor, may I... -_
Mayor Suarez: Yes.
Mr. Hardemon: ... at least give a little bit of background. Just one second,
on this...
Commissioner De Yurre: OK. But before you do, I need to ask something =
because I'm confused. You know, and I have to plead confusion at this point --
in time because Miller made a statement about comparable stores in the area
that are well stocked and that Billy... -
312 May 14, 1992
s
3
Commissioner Plummer: There's forty of them in Liberty City now.
=-
c
Commissioner De Yurre: ... needs the opportunity to be well stocked in order
to compete...
- Commissioner Plummer: No, they're Oriental.
- Commissioner De Yurre: ... in the area. Now, I'm confused because my
understanding was that the twenty-five thousand dollars that were lent two
'=
e years ago, or twenty months ago, was to stock the place and fill it with
Inventory.
Mr. Hardemon: May I...
- Commissioner De Yurre: Is that correct or not? Because...
Mr. Hardemon: Please let me respond, Commissioner. My store is one that was
looted and burned during the last riot.
Commissioner De Yurre: Which was?
Mr. Hardemon: The Lozano...
= Commissioner De Yurre: Which was?
--
Commissioner Dawkins: 189.
- Mayor Suarez: 189.
- Commissioner De Yurre: 189.
_ Mr. Hardemon: '89. '89. I'm sorry.
Commissioner De Yurre: This loan was 190, right?
-
Mr. Hardemon: Yes, sir. But let...
Commissioner De Yurre: OK. No, I just want... So I get my straight...
Mr. Hardemon: Yes, sir. It was in 189.
= Commissioner De Yurre: OK.
= Mr. Hardemon: My store...
L-
Commissioner De Yurre: OK.
Mr. Hardemon: ... is one that was burned and looted in the riots of 189.
Commissioner De Yurre: OK.
- Mr. Hardemon: OK? I worked at that store for many years before then. Before
c
I went to the Army. OK? When I read in The Miami Herald the next day that,
313 May 14, 1992
that store had been burned and looted, I approached the Arab owner in terms of
buying the store. To my surprise, he agreed to sell it to me. I know no
other... Out of all of the Arab businessmen in the area, it's the only one to
agree to sell to an African American. Most of the time they're either
reopened or they're sold to other Arab businessmen. When we acquired the...
To purchase the property, we approached the City for a hundred and twenty-five
thousand loan, a hundred and twenty-five thousand dollar loan to put us on
even par so that we could be able to compete with the Arab businessmen who
have - their stores have everything. You can sell food stamps. In some, you
can do a whole lot of other things in it. OK? When we approached and
requested one twenty-five, the City loaned us twenty-five thousand on the one
twenty-five. In all honesty, we had the one twenty-five - I'm sorry, the
twenty-five that was loaned, but we requested one twenty-five, was not enough
to keep us out of default. Just to be honest and...
Commissioner De Yurre: What did you do with the twenty-five?
Mr. Hardemon: We took thirteen thousand dollars of it, Commissioner, and
completed the transfer of the property. The other twelve dollars of it went
towards mortgage payment and stock.
Commissioner De Yurre: OK. How much... But was originally the twenty-five
thousand supposed to go towards inventory? I'm just trying to know what the
loan was given for.
Mr. Hardemon: Yes, it was...
Commissioner De Yurre: Because I want to know who controls...
Mr. Hardemon: I'm telling you.
Commissioner De Yurre: The point is, I want to know if the City is doing
their job, that if we lend the money for one thing, that there is a follow up
that, that money is used for what it's intended, or do we just give them
money, turn our back and forget about it and say the hell with it, then that's
another issue. I just want to know what kind of job we do as far as these
situations are concerned. So I'm asking, was that money supposed to go for
inventory? Frank. Hello.
Mr. Castaneda: Yes, it was.
Commissioner De Yurre: For inventory?
Mr. Castaneda: Yes, it was.
Commissioner De Yurre: OK. What did you do, knowing now that Billy's saying
that the bulk of it did not go for inventory, how and when did you find out
that that wasn't the case? What kind of policing were you doing? Or didn't
you do any?
Commissioner Plummer: Obviously none.
Mr. Castaneda: We did policing. I don't recall exactly how the monies were
disbursed in this particular case.
314 May 14, 1992
i
s-
Commissioner De Yurre: Were you responsible? - or do you figure that it makes
sense to follow up on these things?
Mr. Castaneda: We did. We did, and... --
- Commissioner De Yurre: OK. So when did you find out that it was not being
used... —
Commissioner Plummer: Hey.
Commissioner De Yurre: ... for what it was intended to?
Mr. Castaneda: When we met with him last week at the meeting.
Commissioner Plummer: Victor,...
Commissioner De Yurre: When? When? When?
Mr. Castaneda: When we met with them last week at the meeting.
Commissioner De Yurre: What do you mean last week, like seven days ago...
Mr. Castaneda: Yes. Yes, sir.
Commissioner De Yurre: ... from today?
Mr. Castaneda: Yes, sir.
Commissioner De Yurre: No, no, no. I'm talking about when you give the money
two years ago,...
_ Mr. Castaneda: Right.
_ c
Commissioner De Yurre: ... and you say here's the twenty-five...
Commissioner Plummer: It was three years ago.
Commissioner De Yurre: ... thousand dollars, what kind of follow up do you
do...
= Mr. Castaneda: I don't believe we did that.
Mr. Odio: Frank, let... I'm going to take... A year ago, this item was trying
to be placed here and we wanted to right there and then foreclose and I told
them not to do it. To give him a chance to continue.
Commissioner Plummer: Yeah, but let's also...
- Commissioner De Yurre: No, but Cesar, I'm talking about our procedure...
Commissioner Plummer: Victor, let me bring you up to date because I was here.
-i OK?
315 May 14, 1992 =
-a
i -
Mr. Odio: I pulled the item off the agenda.
Commissioner Plummer: They came in here on the Model Cities monies five
hundred and seventy-five thousand dollars,...
Commissioner Dawkins: And made you all "jump through the hoop."
Commissioner Plummer: ... about two weeks before election time.
Commissioner Dawkins: Made you "jump through the hoop."
Commissioner Plummer: All right? One of biggest persons there was the guy
that ran against me known as Prentice Rasheed. They made, and demanded of
this City, that they had their own loan committee. They made of this City
demand that there was no collateral. OK? That there was no auditing, and
that the money would be turned over to them, more or less carte blanche.
Commissioner De Yurre: But that is not that money.
Commissioner Plummer: Huh?
Commissioner De Yurre: This is three years later.
Commissioner Plummer: No, this is...
Commissioner De Yurre: This is a different kind of money.
Vice Mayor Alonso: It's the same. Right?
Commissioner Dawkins: That's the same money.
Commissioner Plummer: This is the same Model City loans.
Mr. Odio: I want it for the record, you know. Frank Castaneda and his
department did their job right. They came to me about a year ago and told me,
"We have a problem there." And I told him, give him a chance.
Commissioner Plummer: Mr. Manager,..,
Mr. Odio: And I took the...
Commissioner Plummer: ... it's simple.
Vice Mayor Alonso: Also, let's be fair with something.
Commissioner De Yurre: I've got no problem with giving a chance. My concern
is at the onset,...
Mr. Odio: We did... Frank did his job.
Commissioner De Yurre: ... what kind of procedures do we have?
Mr. Odio: Frank did his job. Now, this whole program was not set up right
from the very beginning because it was done in a night meeting at two o'clock
in the morning. We all remember that meeting. OK? It was the...
316 May 14, 1992
Vice Mayor Alonso: Also, twenty-five thousand dollars for a store is nothing.
Mr. Odio: It was the reelection campaign.
Commissioner De Yurre: And how much money is left...
Commissioner Plummer: Up to seventy-five.
Vice Mayor Alonso: Very little money.
Commissioner De Yurre: How much money is left of those loans? How much money
is left outstanding?
Commissioner Plummer: Yep.
Mr. Odio: No, no, no. We don't have any money left.
Commissioner Plummer: Look. Mr. Manager.
Commissioner De Yurre: Of the total... Hold it, J. L. J. L., let me ask
this.
Commissioner Plummer: Let me make it simple. He wants the money. We want to
loan it to him. We have every right to demand that we're going to be paid
back one way or another. Just that simple.
Mr. Odio: Well, but you see, that Ringo Cayard was just here...
Commissioner Plummer: It's just that simple.
Mr. Odio: ... and you extended the payment for a year. And they've got the
same...
Vice Mayor Alonso: What we can do, we will be in first place.
Mr. Odio: And he didn't put any collateral.
Vice Mayor Alonso: If we did that,...
Commissioner Plummer: First place of what?
Vice Mayor Alonso: ... we would have collateral. We will be in control.
Mr. Hardemon: Yes.
Commissioner Plummer: Of what?
Vice Mayor Alonso: Of the property.
Mr. Hardemon: Yes. Yes.
Commissioner Plummer: What?
317 May 14, 1992
a
Vice Mayor Alonso: The property is worth...
Commissioner Plummer: He owes forty-five... —
Vice Mayor Alonso: ... at least...
a
Commissioner Plummer: He owes forty-five, plus he owes us twenty-five...-
Mr. Odio: Commissioner, Ringo Cayard was just here... x
Commissioner Plummer: ... it's worth seventy...
Mr. Hardemon: No, no. It's worth one twenty-five.
Mr. Odio: ... and got a one-year extension...
Mr. Hardemon: One twenty-five.
Mr. Odio: ... without nothing.
Vice Mayor Alonso: No, they say one twenty-five.
Mr. Hardemon: You missed that, Commissioner.
Commissioner De Yurre: Hold it. Let me... Mr. City Manager, what is your
recommendation?
Mr. Odio: I recommend that we take steps to make sure that he doesn't close
down. That we pay his first mortgage, which is forty-five thousand...
Commissioner De Yurre: You're going to get an appraisal first?
Mr. Odio: We take first position...
Commissioner Plummer: Before an appraisal?
Mr. Odio: We'll get an appraisal.
Vice Mayor Alonso: We will do an appraisal. -
Mr. Odio: We'll get an appraisal. We know that the appraisal will come in -
around eighty, J. L.
Commissioner Plummer: What?
-G
Mr. Odio: It will come in around eighty._
Commissioner Plummer: Or more.
Mr. Odio: Or more. So we know that.
Commissioner Plummer: I've got to tell you something. OK, Mr. Manager?
Mr. Odio: Well,...
318 May 14, 1992
9j
ip I a
Commissioner Plummer: This is a hell of a way to do business. s-
Mr. Odio: Well, what about the one that just left here that didn't have no
-
collateral whatsoever?
-7
Commissioner Plummer: He didn't get anything.
4
Commissioner De Yurre: Well, I've got no problem extending the loan.
i=
Mr. Odio: What? You extended it for one year. —_
Commissioner De Yurre: I have no problem extending the loan. I just don't
want to dump another forty-five thousand...
Vice Mayor Alonso: Yeah, the problem is...
Commissioner De Yurre: ... not knowing...
Vice Mayor Alonso: ... if we extend, we are not helping. He will lose the
-
business,...
-
Commissioner Dawkins: What if you extend... Hold it.
=
Mr. Odio: If we extend... F
_
Vice Mayor Alonso: ... and we will lose twenty-five thousand dollars.
Commissioner Dawkins: Wait a minute, Mr. Manager. Mr. Mayor. What good...
=
Vice Mayor Alonso: So we are trying to protect the twenty-five that we are
off already...
Commissioner Dawkins: What good...
=
Mayor Suarez: Come on, folks.
Vice Mayor Alonso: ... by taking the property.
e
Mayor Suarez: Were going to have to do this one at a time.
Commissioner De Yurre: Well, let me mention something. e
Mayor Suarez: OK.-
_
Commissioner De Yurre: You know, if there's a foreclosure...
_c
-r
Mayor Suarez: Complete the inquiry.
Commissioner De Yurre: ... what step of the foreclosure are they at right M-
now?
Commissioner Plummer: This is how Eastern Airlines,..
i'
319 May 14, 1992
9
Mayor Suarez: Wait, wait.
Commissioner Plummer: ... did business.
Mayor Suarez: Commissioner, please.
inquiry and then Commissioner Dawkins.
F]
Commissioner De Yurre, complete your
Mr. Hardemon: They filed a petition. We filed a reply. I'm in negotiations
with the first holder. He's familiar with what's happening here today, and
he's...
Commissioner De Yurre: OK. The City Attorney's Office. Do you have any
involvement at all in this?
Mr. Rafael Diaz: No, we have not.
Commissioner De Yurre: OK. I would want to know, at least for my own
edification, to find out through the City Attorney's Office to find out
exactly where the foreclosure procedure is at. If you know foreclosure, you
know, even 1f you get a judgment of foreclosure before it's sold, you're
talking about another forty-five days. We've got plenty of time to do
appraisals. We've got plenty of time to do a number of things, and then we...
Mr. Odio: OK.
Commissioner De Yurre: ... can deal with it.
Mr. Odio: If they are not being foreclosed then, then you can...
Commissioner De Yurre: Well, that's why I'm...
Mr. Odio: ... use some money to give him an inventory.
Commissioner De Yurre: So do the appraisal first, and then we'll deal with
the issue.
Mayor Suarez: OK. We all agree that...
Commissioner De Yurre: Or we turn around and say, "Hey, let's give him the
money, a grant, and the hell with it."
Mayor Suarez: Commissioner,...
Commissioner De Yurre: I'm not going to call a loan something,...
Mayor Suarez: ... we all agree. Let's see what we agree... Please.
Mr. Hardemon: I'm not asking for a grant.
Mayor Suarez: We all agree that if we were going to in any way increase the
loan, we are going to have to have an appraisal. We're going to have to make
sure that we have a first position.
Vice Mayor Alonso: Yes.
320
May 14, 1992
P,
U
Mayor Suarez: There's no problem on those two. Now, we still need to decide
if we're going to be able to give him any short-term help or not.
Commissioner Dawkins wants to address.
Commissioner Dawkins: What good 1s it to save the building or retain
ownership of the building when there 1s no stock on the shelf to sell? You
only make money if there's stock and the stock turns over. So if you're
talking about saving the business, you also must talk in terms of some
capitalization in order to put stock in there...
Commissioner Plummer: That's the problem.
Commissioner Dawkins: ... so let's just make up our mind what we're trying to
do.
Commissioner Plummer: That's exactly the case.
Mr. Odio: If we can forestall the - by finding out what the foreclosure
procedures are, at least authorize us to buy him an inventory. We go together
with technical... We can help him provide an inventory so he can start selling
there.
Commissioner Plummer: You know, I've got to put this on the record.
Mr. Odio: OK.
Commissioner Plummer: All right. By his own testimony, I have seriously
wondered if he can even make it where you have two or three other stores that
are well stocked. Can he compete? I don't know.
Mr. Hardemon: Yes, sir. Mr. Plummer, the one advantage that I think I will
have is a culture advantage. The African American community is just waiting
for the opportunity to be able to come into an African American -owned store
and to be able to buy.
Commissioner Plummer: Billy, I'd love to believe that, but it isn't happening
here on Grand Avenue.
Mr. Hardemon: Well, this is... I know this community. And I've been here,
you know, in this particular store, not around it, but in it, in it.
Commissioner Plummer: I would strongly suggest that we hold off until the
next meeting. OK?
Vice Mayor Alonso: That's fine, but they will not be able to stay, and we
have to give some sort of relief to see if these people can keep the business.
And if we are talking here all the time about helping blacks and do well for
themselves and have their own businesses, I think this is a great opportunity
to see how we can work it out. The Administration has given to us suggestions
and telling us of ways that we can help, and save the money that has already
been given to them and lost.
Commissioner De Yurre: How much money are you talking about for inventory?
321 May 14, 1992
t
Mr. Odio: Twenty thousand dollars.
Commissioner De Yurre: And who's going to police that? `-
Mr. Odio: We will work with him. Not police. I think what we need to do is _
provide technical assistance. And I will have m _ y people work with him in
establishing his inventory and issue the monies as he needs it.
-
Mayor Suarez: Commissioner Dawkins.
-'
Commissioner Dawkins: This Commission will work with him, Commissioner De -
-!
Yurre, in that we will attempt to go in the Latin community and find a Cuban
store that's buying in bulk, and see if that individual will allow Mr. —
Hardemon to purchase at his rate and that will make him competitive in that
neighborhood.
7
Mr. Odio: You can get the one in the Overtown shopping center, Commissioner. _
-1
Commissioner Dawkins: Either that...
-
Vice Mayor Alonso: Yes.-
-
Commissioner Dawkins: ... or George and Jerry...
Mr. Odio: They will do that.
Commissioner Dawkins: or Marino's, anybody.
-
Mr. Odio: Yeah. OK.
-
Commissioner Dawkins: It don't make any difference.
Vice Mayor Alonso: That will help a lot. That will make a world of -
-=
difference. —
Mr. Odio: We have to...
-
Vice Mayor Alonso: Then twenty thousand will mean a lot. Because twenty
thousand, if he goes and buys for his store, is nothing. e
Mr. Odio: Let me tell you, Commissioner Plummer,...
Commissioner De Yurre: Now you're talking now...
Mr. Odio: ... because I know you're concerned. Right now `-
g you have zero
dollars out of twenty-five thousand...
-
Mayor Suarez: Please.
-
Mr. Odio: ... you gave out.
Mayor Suarez: No more philosophy, Mr. Manager. e
322 May 14, 1992
Mr. Odio: We can save the twenty-five thousand.
Commissioner Plummer: My problem, Mr. Manager, is you're putting another
twenty thousand, and I lose forty-five rather than losing twenty-five.
Mr. Odio: But at least we're...
Mayor Suarez: Do we have... Wait a minute. Wait a minute. Do we have a
consensus of this Commission that we are interested and willing at this point,
on a short-term basis, to risk twenty thousand dollars for - Mr. Manager,
please - for this business to continue, and obviously we expect all of it to
go into inventory. I was there yesterday, coincidentally. Your mom was
there, and it's empty.
Commissioner Plummer: What collateral?
Mayor Suarez: if... Wait a minute, Commissioner, please. Is there a
consensus of this Commission that we go and risk another twenty thousand
dollars as a short-term proposition before we consider the whole idea of a
first mortgage and a larger loan to try to recoup the first twenty-five
thousand dollar loan, etcetera, etcetera? Is there a consensus on that? I
believe there is.
Commissioner Plummer: Without collateral.
Mayor Suarez: I believe I hear the Vice Mayor saying yes. Inventory, by
nature, will be without collateral. I have to tell you. It's going to be
sold, so it's going to be sold to people that obviously are not going, you
know,...
Commissioner De Yurre: Let me ask a question because I don't think that is
the right way to go. If we're talking about giving twenty thousand dollars
for inventory, then we have to commit another forty-five to pay off that the
first mortgage, because there's no way that he can pay off that...
Commissioner Plummer: Deeper in debt.
Commissioner De Yurre: ... forty-five.
thing.
Commissioner Plummer: Deeper in debt.
He's going to lose the whole damn
Commissioner De Yurre: OK? So it's either we give him sixty-five thousand
not knowing what the property is worth...
Mr. Odio: I'd vote for that. I don't vote, but I guess...
Commissioner De Yurre: No, no. But that's what you're saying. Because
that's a logical step. What's next? If you give him the twenty, he's going
to survive, but you've got to pay off the forty-five, and he doesn't have the
forty-five to pay off.
Mr. Odio: No, I started with a hundred thousand because I felt that he needed
to maintain an inventory.
323 May 14, 1992
E
r]
Commissioner De Yurre: I know, but we've got to come up with the money.
Mayor Suarez: All right, folks.
Commissioner De Yurre: That's what I'm saying.
Mayor Suarez: So then, do we not have a consensus on a short-term loan that
obviously would be without collateral until we can figure out if we can make a
bigger loan with a first position in this property?
Commissioner Plummer: Are we sure that all of his taxes are paid? Sales tax?
Vice Mayor Alonso: We don't have to pay the taxes,...
Commissioner Plummer: Income tax?
Vice Mayor Alonso: ... probably.
Commissioner Plummer: No, no. Remember what happened before. Are we sure
there's no liens by the State of Florida for sales tax? That they come in and
grab every dollar that we allocate. Remember what happened before.
Vice Mayor Alonso: That one is very serious.
Commissioner Plummer: Ahal Social security, FICA (Federal Insurance
Contribution Act), all of that came in and grabbed half of that money before.
Mr. Hardemon, are you assuring this Comnission that you don't owe any money in
back taxes?
Vice Mayor Alonso: He doesn't have a...
Commissioner Plummer: No, no. I'm asking the... Can I not ask a question?
Vice Mayor Alonso: He's not using a checkbook.
Mr. Hardemon: Commissioners. The outstanding first mortgage...
Commissioner Plummer: My question was taxes.
Mayor Suarez: Taxes. Taxes is what he's worried about.
Mr. Hardemon: I understand, but if you let me address it like this.
Commissioner Plummer: OK.
Mr. Hardemon: If you just bear with me. My existing first mortgage is forty-
nine thousand dollars. OK?
Commissioner Plummer: That's remaining?
Mr. Hardemon: Remaining. Let me finish. I have an agreement, a letter from
the first, addressed to Frank - I don't know if you've received as yet - from
the first attorney. He's willing to discount the first to thirty thousand
324 May 14, 1992
dollars and include - and that's how we got the forty-five - to pay the
delinquent taxes, delinquent fees, and that's the forty-five thousand dollar
figure. That includes all the delinquent taxes, all the delinquent fees, and
plus...
Commissioner De Yurre: Interest. Past due interest, also?
Mr. Hardemon: Yes. Yes. Everything. Yes: that's the letter. G-
Vice Mayor Alonso: Because when you owe those taxes, they can request...
Commissioner Plummer: No, they stand first in line.
Vice Mayor Alonso: A hundred percent...
Commissioner Plummer: We saw that with the rest of the Model City money.
Commissioner De Yurre: Real property taxes?
Vice Mayor Alonso: Things like that. So you owe twice.
Mr. Hardemon: But the first was willing to discount from forty-nine in an =
effort to help. I'm serious. In an effort to help, he was willing to =_-
discount from forty-nine, which is foreclosure petition,...
Commissioner Plummer: But what assurances do we have, Billy, that the taxes
that you owe on, sales tax, and FICA and the rest is only nineteen thousand?
Vice Mayor Alonso: Have you checked?
Mr. Castaneda: Commissioner, let me tell you what I have been negotiating.
What I have been negotiating with Bill, is that we have a second mortgage
right now for twenty-five thousand dollars. What we are saying is that in
order to secure the second mortgage, we should acquire the first mortgage.
OK? By getting the discount, and being able to pay these first taxes, we are
able to secure the second mortgage. OK? Assuming that the appraised value of
the property is eighty thousand dollars, then our amount of money would be
covered and secured and we have strengthened our twenty-five thousand dollar
loan. He also collects approximately four hundred dollars from the Chinese -
four fifty - from the Chinese restaurant. We wanted a rent assignment to
guarantee that the payments that we were going to receive would be not only
collaterized by the property, but by the rent payments.
Mr. Hardemon: Yes.
Mr. Castaneda: Then the other issue becomes working collateral - I mean
working capital for the business. What I was suggesting, and I think that
we're going beyond that - is to say that there will be no payments for a
period of time in order for him to use that money that he would be paying off
to collaterize.
Commissioner Plummer: And I have no problem with that, if there's collateral
offered to guarantee me back the money. You want to delay the payments for
six months? - that's fine. No problem.
325 May 14, 1992
#
Commissioner De Yurre: Well, the collateral would be the land itself, the
business.
Commissioner Plummer: What?
Commissioner De Yurre: It would be the business, the property.
Commissioner Plummer: Yeah, but you're...
Vice Mayor Al onso: Property seems to be ample guarantee if you work it out
that way.
Commissioner Plummer: Property, you know, aside from an appraisal, property
1s worth what somebody will pay you for it. And the problem is 1n that
particular area right now it is not booming in sales.
Mr. Castaneda: Yeah.
Vice Mayor Alonso: That's right, but then we will not have economic
development in the City of Miami, and we will not be able to help these areas.
Commissioner Dawkins: Ms. Range is making as much money as you do in that
neighborhood.
Commissioner Plummer: Huh?
Commissioner Dawkins: You know, Ms. Range is making as much money as you do
in that neighborhood.
Mayor Suarez: All right. Any further inquiries from the Commission? We've
got to entertain motions on this.
Commissioner Dawkins: I have one statement. Mr. City Attorney. What would
happen if Mr. Hardemon declared Chapter 11? - or whatever reorganization is,
and decided to get out and give the business to his brother to run? What
would happen?
A. Quinn Jones III, Esq.: Mr. Dawkins, I really don't know the implications
of bankruptcy. That's a real specialized area, so I really can't answer your
questions on that.
Commissioner Dawkins: But he could very easily declare bankruptcy...
Mr. Jones: Yeah.
Commissioner Dawkins: ... and everybody would be out of everything. I mean,
or file for reorganization.
Mr. Jones: It depends on how the loan is made. If it's made to him,
individually, or to a corporate entity or what.
Commissioner Plummer: It's also whether or not his home is partially in his
name.
326 May 14, 1992
Ashk
Commissioner Dawkins: His home?
Commissioner Plummer: If his home is partially in his name and somebody
else's, if his name 1f on it, they can go in for it.
Mr. Odio: No.
Commissioner Dawkins: No.MEN-
--
R-
Mr. Odio: Sorry._
Commissioner Dawkins: But not the home, though.
Mr. Odio: That's the only thing they cannot... Homestead is protected under
bankruptcy law.
Commissioner Dawkins: Not the home. No way.
Vice Mayor Alonso: But it...
Commissioner Plummer: Don't hold...
Vice Mayor Alonso: But we are still owner.
Mr. Jones: Yeah.
Mr. Odio: Oh, yeah. We would be... out of cold.
Mayor Suarez: My Godl Now, we're experts on homestead exemptions from...
Vice Mayor Alonso: We are in a position of control.
Mr. Jones: Yeah, the homestead is protected under bankruptcy law.
Mr. Hardemon: Mr. Mayor.
Mayor Suarez: Folks. Please.
Mr. Hardemon: Mr. Mayor.
Mayor Suarez: The City Attorney said he's not an expert on bankruptcy. We
all know enough about bankruptcy to know that he could probably seek the
protection of the bankruptcy court and never pay back any of what he owes
right now. We don't have a collateral on his home, so to the extent that it's
homestead, we can't touch that for any other debts. That's basically a
statement of the law.
Vice Mayor Alonso: Can we...
Mayor Suarez: Let's move on this item, though, folks. Yes.
Vice Mayor Alonso: Yeah. Can we, Mr. Jones, do something about the title of
the property to protect the City of Miami in a case as, extreme case, as it
has been brought to our attention?
, 327 May 14, 1992
I
Mr. Jones: You said protect the title?
Vice Mayor Alonso: Yes. I don't know how. You will have to come with
suggestions.
Mr. Jones: Well,...
Vice Mayor Alonso: I have ideas, but I don't want to volunteer what I will
suggest. So I'm leaving that to you legally to tell me what to do. That in
case of that scenario that Commissioner Dawkins presented to us, that is an
extreme situation, are we going to be protected? And if not, doing something
with, voluntarily with the title of the property.
Mr. Jones: I'll have to look into it.
Mr. Hardemon: Commissioner, 1f... One last... If the Commission would approve
what, at least a portion, that Frank has recommended, in terms of securing
first position, that way the City is protected by mortgage.
Mayor Suarez: Billy, I think we have a consensus that would allow that if the
appraisal in fact came in at eighty thousand. That doesn't mean that everyone
on this Commission will vote favorably to that, so I think you're OK on that,
but we're not ready to vote on that today because we don't have the appraisal.
Mr. Hardemon: OK.
Commissioner Plummer: All you're doing is saving the real estate.
Commissioner De Yurre: And time is not pressing. It isn't like it's a "do or
die" thing today. I think that we have, like the Mayor just mentioned, that
there is a feeling here of wanting to help you, of more or less getting into
this plan that we're all more or less talking about, but we have to do it the
right way. And I believe that we have the time to go ahead and get the
appraisal that we need. We have the time to find out what's really due and
owing, if there's any back taxes on real estate taxes, you know, to know
exactly what the picture is and then we can make the decision. Our commitment
to help those that want to make something of themselves, the ones that want to
work for a living and make a name for themselves, their families and,
particularly, in the black community. You know, we have to be there for you.
But we have to do it the right way. We want to make sure that you succeed.
We don't want to just hand out the money because it's not going to do the job.
We want to make sure that things are done properly so that you don't have to
come back here again asking for more money. You can come back and say,
"Here's the money that I owe you, a hundred percent,...
Mr. Hardemon: Absolutely.
Commissioner De Yurre: ... thank you very much." And we can take that money,
turn around and give it to another individual that wants to open up his
business and wants to do the same thing, and we have to have that continuum,
and if we can do it this way, I'm sure that we'll be able to do something that
is sensible, that will help you, and certainly help those in the future.
328 May 14, 1992
Mayor Suarez: All right, that states it for... How soon can we get the _
appraisal of the property?
Mr. Odio: (OFF MIKE) That's about thirty days.
Commissioner De Yurre: We've got time. Hey, nothing 1s going to happen for
at least ninety days. I can assure you of that.
Vice Mayor Alonso: He has to function.—
_ -
Commissioner Plummer: Well, what's the assessment on the property? That's
easy to find out. _
Mayor Suarez: The tax assessment?
- Commissioner Plummer: Yeah. That's sixty-eight percent of the value. What's
the tax assessment?
= Mayor Suarez: Well, if we have that. If we don't have that, I suggest that
we...
Vice Mayor Alonso: Do you know?
Mayor Suarez: ... have an expedited appraisal...
Mr. Odio: Fifty-five.
Mayor Suarez: ... to be back to us by the 28th.
Vice Mayor Alonso: But it's lower than that.
Mayor Suarez: Can we get an appraisal by the 28th, Mr. Manager?
Mr. Odio: No. The 28th is... No, that is not possible.
Mayor Suarez: Well, if not, you're talking June lath then. It's close to
thirty days, as was stated.
Mr. Odio: It's a long time to get an appraisal. We...
Mayor Suarez: Mr. Manager, I want answers. Can you do this by the 28th or
not?
Mr. Odio: No.
177
Mayor Suarez: All right, Commissioners, we're back to having to make a
r decision without the appraisal.
Commissioner De Yurre: What is happening the 28th? What's the story with the
28th?
_I
Mr. Odio: We don't have an appraisal by the 28th?
-i
329 May 14, 1992
Commissioner De Yurre: So what, if we get it in June. We got plenty of time.
What is the story with...
Mr. Odio: Nothing. It's just...
= Mayor Suarez: All right. The matter then, on the assumption that this plan
that was proposed by Mr. Castaneda, that the appraisal comes in roughly around_
eighty thousand dollars, will be finally decided upon on June 11th. Make sure
that when you engage the services of an appraiser, that he can have it, or she
can have it by June filth, Mr. Manager, please. And I don't think we need to
have it in the form of a motion. Now, as to any short-term help, does anybody _
want to propose any kind of unsecured loan? Even if we tried to secure it, it
wouldn't be much security at this point, in view of his financial situation,
as he has stated, for inventory for the next twenty -some days, until June the
filth. Going once...
Commissioner Plummer: You're saying unsecured?
Mayor Suarez: Right. For inventory. -_
Commissioner Plummer: Now, if he wants to put up his house, I'll be glad to
give him a loan.
Mayor Suarez: Right. Does anyone...
Commissioner Plummer: I don't want to deny him.
Mayor Suarez: We know that...
Vice Mayor Alonso: That money will be paid from the time that we do the
transaction.
Commissioner Plummer: Hey.
Vice Mayor Alonso: Can it be done that way?
Commissioner Plummer: I don't want him to walk away from here and say we _—
didn't offer to help. OK? -
Mayor Suarez: On the issue...
Commissioner Plummer: We're offering to help.
e Mayor Suarez: ... of inventory or any short-term help from now until June_
filth, does anyone want to make any motion?_
N
-I Vice Mayor Alonso: Frank.
Commissioner Plummer: Tell me what he wants... =-
Vice Mayor Alonso: Provided, provided, since we are asking him to put his
home - that I don't like it a bit - provided that we cannot approve what has
been suggested by the Administration, then this will have to be turned into a
grant and he will not lose his home. =_
330 May 14, 1992
7'
r]
41
Commissioner Dawkins: OK.
Commissioner De Yurre: Forget about the collateral.
Commissioner Plummer: It's not collateral.
Mr. Hardemon: What I would like to offer...
Vice Mayor Alonso: We want to put it as a guarantee so he feels he has an
obligation, but if we cannot deliver...
Commissioner Plummer: If he can't...
Vice Mayor Alonso: If we cannot deliver, then that's what we are doing.
Commissioner Plummer: That's not collateral.
Commissioner Dawkins: OK. All right. I would think that...
Vice Mayor Alonso: Are you going to take his home because of that?
Commissioner Dawkins: I would think that...
Commissioner Plummer: No, I'm going to ask...
Commissioner Dawkins: ... this Commission...
Vice Mayor Alonso: It's as simple as that.
Commissioner Plummer: I'm asking him... He's asking us to take a risk, I'm
asking him to take a risk. =-
Vice Mayor Alonso: I will not say, "yes, take his home," so why would I beat
around the bushes? -
Mayor Suarez: We have philosophized enough on the issue of short-term help,
if any, for inventory purchases...
Vice Mayor Alonso: How much money were you...
Mayor Suarez: ... in the next twenty days until June the 11th. Commissioner.
Commissioner Dawkins: I would strongly... I mean, I would vote against any
short-term loan,... s=
Mayor Suarez: All right.
Commissioner Dawkins: ... because, hey, I give him twenty thousand dollars,_
I'm only putting him further in the hole because we don't know where the hell
we're going. He doesn't know where we're headed. So, if we're going to do
something on the 11th, let's go ahead and give the man a total package on the
11th where he's got a total package with which to do something with. Because --
just as sure as I'm sitting here, we give him twenty thousand dollars and he
331 May 14, 1992
comes back on the filth, you're going to start talking about do we take the
twenty thousand dollars off the top, in the middle, at the end, and it's
another hassle.
Mayor Suarez: All right. Does anyone want to make a motion on any short-term
- help? We've got two Commissioners, I think have made it pretty clear, in one
case that the thing should be an entire package on June lath. On the other
case, that any short-term help would have to be collaterized by a mortgage, a _
lien on his home. If no one has any other motions, then we'll be back on June —
the 11th.
Mr. Hardemon: Well, if I could ,just offer this one thing on the short term.
If I can offer the lease agreement...
Mayor Suarez: The assignment of all the leases, you mean?
Mr. Hardemon: Of the lease, of the Chinese restaurant. I would assign that
lease...
Vice Mayor Alonso: How much?
Mayor Suarez: How long is that lease now, Billy?
Mr. Odio: It pays four hundred and fifty dollars a month.
Commissioner Plummer: How long is the lease for?
Mayor Suarez: How long is that lease?
Mr. Hardemon: Five years.
Commissioner Plummer: Another five years?
Mayor Suarez: There's still five years remaining on it?
Commissioner De Yurre: That is immaterial if it gets foreclosed.
Mayor Suarez: Yeah.
Commissioner De Yurre: I mean, like, it doesn't make any sense, guys.
Vice Mayor Alonso: It doesn't hold.
Commissioner De Yurre: Hey, I'm sure you'll survive until the 11th. On the
filth, you get a package deal, and we move on and that's it.
Mayor Suarez: All right.
Commissioner De Yurre: If you've survived as you have, another four weeks you
can do it.
Commissioner Plummer: You know, I don't understand. He's not willing to take
the risk on his home, why should we take the risk?
332 May 14, 1992
Mayor Suarez: One June... Commissioner, you have stated that.
Commissioner Plummer: OK. All right.
Mayor Suarez: Please, let's not be repetitive.
Vice Mayor Alonso: Well, be ready for June 11th. We will have...
Mayor Suarez: All right.
Vice Mayor Alonso: ... everything ready for June 11th. We'll be able to help
you.
Mayor Suarez: We'll try to deal with the entire package on June the 11th,
Billy.
Mr. Hardemon: June 11th? Thank you.
Mayor Suarez: All right, sir.
Mr. Hardemon: Thank you, Commissioners.
Mayor Suarez: And if there's any problem with getting that appraisal by June
the 11th, let us know. We can call an appraiser who can agree to do it.
They're hungry out there, you know. There's not a lot of real... Mr. Albo,
please, sir? We love you. We love to have you here. We can't have you
speaking in public when you're not recognized. All right. Do we need a
motion on that? I presume not. Mr. Manager, it is pretty clearly understood
what the parameters are? By the way, the assignment of the lease payments is
very important. I think that's cash flow that reflects an ability to pay the
loan, which we haven't seen in the past.
70. (A) GRANT REQUEST BY LION OF JUDAH MINISTRIES FOR FEE WAIVER
CONCERNING ITS "OPERATION POTENTIAL" EVENT AT CHARLES HADLEY
PARK.
(B) GRANT MANAGER THE LATITUDE TO WAIVE RENTAL FEES FOR USE OF CITY
PARKS.
------------------------------------------------------------------------------
Mayor Suarez: Item 51. Are they here? Judah Ministries, waivers in
connection with "Operation Potential."
Mr. Cesar Odio: They want to waive the fees.
Mayor Suarez: Charles Hadley Park. We typically, for well -established
organizations that is well recommended, allow the use of the park, but
services have to be paid for. That means police, fire, solid waste. As to
solid waste, we allow you if you have the ability to clean up after your own
event to post a bond to guarantee that, and then you get the money back if, in
fact, all the clean up is completed. And I'll entertain a motion as to those,
if that's what you basically...
333 May 14, 1992
Vice Mayor Alonso: Yes. I so move.
Mayor Suarez: So moved.
Commissioner Plummer: From the letter... Second. From the letter that I see
that everything there is free.
Unidentified Speaker: Yes, it is.
Commissioner Plummer: There will be no charges for anything that you do in
the Park that day.
Mr. W.J. Lalaiis: Correct.
Mayor Suarez: Moved and seconded as to the waiver and as to the posting of
the bond for solid waste services if they choose to do that. Any discussion?
If not, please call the roll.
Commissioner Plummer: Excuse me. What about police, Mr. Mayor?
Mayor Suarez: No, no. No services on this motion.
Mr. Odio: No police.
Commissioner Plummer: None?
Mr. Odio: They have no police.
Mayor Suarez: No.
Commissioner Plummer: OK.
Mayor Suarez: Now if they want to try to argue that and somebody thinks that
that's... 'they want to contemplate that, that's up to you. Yes. Call the
roll, please.
334 May 14, 1992
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-335
A RESOLUTION RELATED TO "OPERATION POTENTIAL -A DAY OF
FESTIVITIES IN THE PARK", TO BE CONDUCTED AT HADLEY
PARK BY THE LION OF JUDAH MINISTRIES ON SATURDAY, JUNE
20, 1992; WAIVING THE RENTAL FEE OF HADLEY PARK FOR
SAID EVENT, SUBJECT TO THE ORGANIZERS POSTING A BOND
TO ASSURE THE CLEANUP OF HADLEY PARK FOR SAID EVENT;
FURTHER CONDITIONED UPON THE ORGANIZERS PAYING FOR ANY
OTHER COSTS OF CITY SERVICES ASSOCIATED WITH SAID
EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
Mayor r,.arez: Now, are you in fact requesting services, too?- or any monies
in addition to what we just did.
Mr. Lalaiis: Yes.
Mayor Suarez: OK. You can try it. Good luck. Tell us the reason.
Mr. Lalaiis: Well, one of the reasons is because the previous argument that
you were just involved in, and that is being that the City is attempting to
assist in the black community, I think that "Operation Potential" itself is an
entity that is designed to help the black community as well. One of the
problems that we have is there is a lack of finances as we just heard in the
previous case. Now, when we consider that, the cost that we're looking at is
less than a thousand dollars ($1,000.00) for everything that's involved in
this event. There are quite a few dollars that we have put up ourselves as
far as bringing in entertainment, to bring in counselors. One of the in
particular things that we are doing is we are bringing in counselors to
educate the black community concerning how to manage businesses, how to raise
monies, how to deal with the business after that business has began. Also to
deal with issues such as knowing how much capital you need to operate a
business because, as I heard in the previous argument, when you deal with
335 May 14, 1992
giving someone twenty-five thousand dollars ($25,000.00) with hopes of running
a business successfully, everyone knows that's a futile attempt to do that.
So my position is, for "Operation Potential" to ask for a thousand dollars
($1,000.00) to do something to help assist the City as well as the community.
I think that it's not asking too much for the City to pay the service fee.
Mayor Suarez: All right. Commissioners? Anyone?
Vice Mayor Alonso: We are talking about what? A thousand dollars
($1,000.00)?
Mr. Frank Castaneda: I understand from Parks that they have already reduced
from eight hundred and four dollars ($804.00) to six eighty-two. It's only
six hundred and eighty-two dollars ($682.00).
Commissioner Plummer: That's...
Vice Mayor Alonso: Six eighty-two is what we're talking about?
Mr. Castaneda: Um-hmm. G
Mayor Suarez: For services? For police? Fire?
Vice Mayor Alonso: Well, actually it's permit rentals...
Mr. Castaneda: For event staff labor.
Mayor Suarez: We've waived the rental...
Commissioner Plummer: No. I guarantee...
Mayor Suarez: ... of the park by a prior motion. What are talking about
that's left?
Vice Mayor Alonso: Six hundred dollars is what we're talking about?
Lt. Joseph Longueira: Commissioner, I mean Mayor, I've been advised that our
department is doing it on -duty...
Mayor Suarez: All right.
Lt. Longueira: ... in the park and we're going to handle it.
Mayor Suarez: OK.
Vice Mayor Alonso: So we are waiving all of it. --
Commissioner Plummer: Wait, wait, wait.
Mayor Suarez: I think you're going to be able to have the support of the City
- as to the police protection,...
Commissioner Plummer: Are you setting a precedent?
336 May 14, 1992
Mayor Suarez: ... so you won't have to pay anything for that.
Commissioner Plummer: Who authorized you to do this on -duty as a... I'm
scared about setting a precedent. Who authorized that, please?
Mayor Suarez: It's a park's function. I mean it's...
Commissioner Plummer: No, no, no. It's not.
Mayor Suarez: ... a City police and park's function is what he's saying.
Commissioner Plummer: I'm talking about police on -duty being the security for
a park activity.
Mayor Suarez: The Manager can make that administrative decision.
Mr. Cesar Odio: The decision...
Lt. Longueira: No. Commissioner, we're not using on -duty patrol officers.
Mr. Odio: Excuse me, Joe.
Lt. Longueira: I'm sorry, sir.
Mr. Odio: Major Washington from the Community Relations division felt that
this "Operation Potential" is very important to the community and he's
reassigning some people from Community Relations, police to work there.
Commissioner Plummer: All right. Then...
Mayor Suarez: It's a Community Relations activity.
Commissioner Plummer: Then I want that policy...
Mr. Odio: No, they are not regular...
Commissioner Plummer: I want that policy in writing.
Mr. Odio: What is that?
Commissioner Plummer: That policy...
Mr. Odio: What policy?
Commissioner Plummer: ... that's just been established which has never been -_
- done before,...
Mr. Odio: OK. Commissioner.
Commissioner Plummer: ... and we're going to do it much more times now. OK?
And we're going to make that decision, not Major Washington.
v
Mayor Suarez: No, we, from to time, have our Community Relations c—ponent,
our K-9 units, other...
337 May 14, 1992
Commissioner Plummer: No, no, no.
Vice Mayor Alonso: Especially when we feel that we are...
Commissioner Plummer: No, no. I'm saying, if that decision is going to be a
made, this Commission is going to make that decision, not Major Washington.
Mayor Suarez: Oh, I don't want this Commission to decide those things,
Mr. Odio: Well, this not a...
Commissioner Plummer: Hey, you better... -
Mr. Odio: I'm sure Major Washington...
Mayor Suarez: ... for this kind of an event. It sounds like it's a minimal
police presence. How many officers are we talking about?
Mr. Odio: It's minimal.
Vice Mayor Alonso: Very minimal.
Commissioner Plummer: No, no. That's not my point, Mr. Mayor. My point _
is,...
Mr. Odio: We have done this in the past.
low -
Commissioner Plummer: ... is they are making a decision as to when they can
eliminate the police cost factor,...
Mr. Odio: We have done...
Commissioner Plummer: ... and when it is not, and I think that's a decision
that should be made by this Commission.
Mr. Odio: Well,...
Lt. Longueira: No. Commissioner,...
Mayor Suarez: Al right. Is there any other request? Any other action
that's needed of this Commission? I guess not.
-= Vice Mayor Alonso: What do we need to do?
Commissioner Plummer: There's nothing else to do.
Mayor Suarez: We've waived the fees and the rest is going to be,...
Vice Mayor Alonso: Nothing else. Everything is taken care of.
Mayor Suarez: ... at least as to police protection,...
338 May 14, 1992
Mr. Odio: That's fine.
Mayor Suarez: ... is on -duty.
Vice Mayor Alonso: Everything is taken care of.
Mr. Castaneda: Except for six hundred and eighty-two dollars ($682.00).
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: We waived the fees. We didn't waive services.
Commissioner Plummer: No. That they've got to pay.
Mayor Suarez: We did not agree to pay services.
Commissioner Plummer: No. We can't.
Mayor Suarez: Police, apparently, is going to be done on -duty. I don't know
about fire. I don't know about solid waste or parks or anything else.
Vice Mayor Alonso: They took care of that.
Commissioner Plummer: That they've got to pay.
Mayor Suarez: All right.
Vice Mayor Alonso: Services are provided.
Mayor Suarez: OK.
Commissioner Plummer: Mr. Mayor, could we not... Excuse me. That's finished
here. Is that correct?
Mayor Suarez: Yes.
Commission Plummer: Mr. Mayor, I thought we had an understanding,...
Mayor Suarez: Yes.
Commissioner Plummer: ... that as far as the waiver of the park is concerned,
that we were going to leave that up to the Administration.
Mayor Suarez: That's fine with me.
Commissioner Plummer: OK? And anything else, don't schedule it. All you're
doing is putting...
Mr. Odio: OK.
Commissioner Plummer: ... this Commission in a box.
Mr. Odio: I'll take... Fine.
339 May 14, 1992
Commissioner Plummer: To have people come here...
Mayor Suarez: Absolutely.
Commissioner Plummer: ... and we've got to tell them no.
Mr. Odio: I agree.
Commissioner Plummer: All right?
Mr. Odio: I will do.
Commissioner Plummer: In the future, if it's a matter... I'll make a motion
at this time that the policy of this Commission is we give the Manager the
latitude to waive rental, only.
Mayor Suarez: Anything that's not out-of-pocket for us.
Commissioner Plummer: And nothing else is to be brought before this
Commission. Not as a discussion item,...
Mayor Suarez: Now, if they request a personal appearance, under the Code,...
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: ... at least you can discourage them from coming. You can tell
them that the recommendation is going to be against.
Commissioner Plummer: You can tell them the policy is, they're not going to
get anything.
Mr. Odio: Let me tell you. We have been trying to do that, and then they
say, "Well, we need more money, and we're going to go anyway." So,...
Commissioner Plummer: But you're putting us in a box.
Mr. Odio: No. What I mean is, Commissioner,...
Mayor Suarez: If they insist on having a personal appearance,...
Mr. Odio: Do I have to...
Mayor Suarez: ... we probably can't keep them from coming, but at least you
should make it pretty clear...
Vice Mayor Alonso: Tell them very clear what's the position.
Mr. Odio: We will.
Mayor Suarez: ... the policy is...
Vice Mayor Alonso: Yeah.
Mayor Suarez: ... there is no such...
340 May 14, 1992
4"..
Mr. Odio: OK.
Mayor Suarez: ... granting of that.
--------------------------------------------------------------------------------
71. DISCUSSION CONCERNING REQUEST BY YMCA OF GREATER MIAMI FOR FEE WAIVERS
IN CONNECTION WITH: S.T.A.R.S. 0 OPEN HOUSE FESTIVAL -- NO ACTION
TAKEN.
------------------------------------------------------------------------------
Mayor Suarez: Fifty-three.
Commissioner Plummer: YMCA (Young Men's Christian Association).
Vice Mayor Alonso: Yeah. It's also...
Mayor Suarez: Open house festival, S.T.A.R.S.
Vice Mayor Alonso: ... waivable fees in connection with...
Mr. Cesar Odio: They are requesting a total of two hundred... fourteen
hundred and sixty-nine dollars ($1,469.00).
Commissioner Plummer: But where...
Mayor Suarez: What of this is waivable under our policy just enunciated by
Commissioner Plummer?
Commissioner Plummer: Where is this to take place?
Vice Mayor Alonso: Two fifty-two is.
Mr. Odio: Waivable is two hundred and fifty-two dollars ($252.00).
Commissioner Plummer: Where is this to take place? Where are we waiving?
Mr. Odio: In their grounds.
Commissioner Plummer: What?
Mr. Odio: In their grounds.
Vice Mayor Alonso: In the YMCA grounds.
Mayor Suarez: Why would that incur any fee whatsoever?
Commissioner Plummer: Why are we charging on their grounds?
Mr. Odio: There are fees that the police charge,...
Mayor Suarez: We don't waive those. We just made that very clear.
341 May 14, 1992
Mr. Odio: ... the fire department...
Mayor Suarez: We don't waive any of that.
Mayor Suarez: You can try, ma'am, if you want to try to convince us, but I'm
not voting for it.
Commissioner Plummer: What fees are they asking us to waive?
Mr. Odio: Two hundred and fifty-two dollars ($252.00).
Commissioner Plummer: For what?
Mr. Odio: Showmobile fees,...P.A. (public address) system,...
Vice Mayor Alonso: Shomobile, assembly permit...
Mayor Suarez: The snowmobile I think we can lend out,...
Mr. Odio: ... assembly permit...
Mayor Suarez: ... if you recommend it.
Vice Mayor Alonso: Two fifty-two, let's waive that.
Commissioner Plummer: But they've got to pay the labor to take it there...
Mayor Suarez: Yes, they sure do.
Mr. Odio: Right.
Commissioner Plummer: ... and bring it back.
Vice Mayor Alonso: Yes, but we are talking about just the fees.
Mayor Suarez: Yes, they sure do.
Commissioner Plummer: Because that's
Mayor Suarez: The actual asset, Mr. Manager, just like the other police
enunciated by Mr. Plummer, you can waive the use of the...
Mr. Odio: Fine.
Mayor Suarez: ... showmobile and the park. Let's not bring those items to
here. Anything else? No dice.
Vice Mayor Alonso: We will take care of that.
Mayor Suarez: You're not going to get my vote. You want to try to argue it,
I'm not paying for any services. Everybody has to pay for their own services.
We would otherwise have festivals beginning on January 1...
342 May 14, 1992
3
Commissioner Plummer: Every day.
Mayor Suarez: ... at 9:00 a.m. and until December 31 at 5:00 p.m. in this
City. That's how many people want to have festivals here if we provided
services.
Commissioner Plummer: Mr. City Attorney, there is no conflict of church and
state with this application?
A. Quinn Jones III, Esq.: The Carver YMCA? No.
Commissioner Plummer: Thank you, sir.
Vice Mayor Alonso: OK. So taken care of.
Mayor Suarez: Do you want to try on any expenses? I don't...
Ms. Maria Taboada: Is there an area of the City of Miami...
Mayor Suarez: Name and address, ma'am,...
Ms. Taboada: OK.
Mayor Suarez: If you want to try,...
Ms. Taboada: All right.
Mayor Suarez: ... it's not good for your health, but...
Ms. Taboada: My name is Maria Taboada, I'm the music director for the YMCA
and social growth director for Carver YMCA. The Carver YMCA has gone through
a lot of stages. They tried to close it, it stayed open because of different
issues that could come up if they closed it. We're working very hard in that
community, which is Liberty City and it serves Little Haiti, Overtown, also
Allapattah and some of the Cuban and Puerto Rican and Dominican areas, and my
goal as...
Mayor Suarez: You realize we've waived any...
Ms. Taboada: I realize that, but...
Mayor Suarez: ... payment of rental... Wait, wait, wait. Any payment of
rental for the use of the showmobile. The land is yours, it's your facility. =_
I don't know what else you need, but if it's a few hundred dollars, typically
somebody will contribute that to such a worthy cause, and this Commission
doesn't have to deal with it at all, and we can just give you the blessing to _
do this. But not paying anything. We cannot pay out-of-pocket. We don't
have any money, folks.
Ms. Taboada: Well, see neither do we. That's why I'm sitting here trying to
raise through this...
Mayor Suarez: But you're...
P
343 May 14, 1992
i
3
-i
-t
a I
Ms. Taboada: Wait. Let me finish.
Mayor Suarez: ... of course grateful that we're going to let you have the...
Ms. Taboada: I waited... I've been here two hours. You know, all I want to
do is...
Mayor Suarez: Ma'am, we've been here since 9:00 a.m.
Ms. Taboada: That's your job.
Commissioner Plummer: That's our job?
Ms. Taboada: Then... Then... Aren't we voters here to come here?
Mayor Suarez: All right. Go ahead. Go ahead. Go ahead and express
yourself. I've told you I'm going to vote against you anyhow. I don't even
want to argue with you.
Ms. Taboada: I know, but that's great. That's all wonderful, but I have a
voice, you know,...
Mayor Suarez: All right. Don't have much left, but go ahead. Go ahead,
ma'am.
Ms. Taboada: ... and you have a voice also, and my thought was that we're =
here together, together, we're a city and we're all trying to work together.
We're trying to bring our communities up, we're trying to help people. All
this has to be real, it can't just be talk. OK? Now this is my first time
ever coming here, and I'm totally amazed at what goes on here. All right?
- All I want to do is have a program. I want to make sure that there's police
coverage. If I go back to my director and say, "Hey, we've got to pay all of _-
the police except thirty dollars ($30.00) permit fee," he's going to say, "All --
right, Maria. Go out in the streets and solicit." I've been soliciting since
I got there and I'm getting there, and I'm getting money, and I'm going to
continue. All I came here to do was to find out, to get all this stuff that,
you know, all this money, it's getting, that I've got to come up for because
it's my job to try to get it waived. Thank you for waiving the showmobile
because great concerts are going to happen there. Thanks for all the little
fees, but let's realize that it's a community effort and let's all get
involved in the community for real, not just a little bit or through here. -_
So, fine. I'll come up with the money for the police protection. All right?
And thank you for listening to us and come. Make sure you come. June 13th
and 14th to see what we're about at Carver YMCA. Thank you.
Mayor Suarez: All right. Thank you, ma'am, for your presentation.
- NOTE FOR THE RECORD: At this time, agenda item 54 was
called for discussion and the record was marked to
reflect no appearance by interested parties.
344 May 14, 1992
Mayor Suarez: Item 55. Greater Biscayne Boulevard Chamber of Commerce.
Commissioner Plummer: Mr. Mayor.
Mr. Cesar Odio: I propose that Commissioner...
Commissioner Plummer: Mr. Mayor. Excuse me. I've got to put on the record,
OK? Because I don't want any of the press to pick up that Carver YMCA went
out the door and got nothing from this Commission. They only recently got a
million dollars ($1,000,000.00) from the City Commission. One million dollars
($1,000,000.00). That's not talk, that's hard cash. And to walk out that
door and say we've done nothing but talk, I couldn't let it go by the board.
OK? Thank you, Mr. Mayor.
Mayor Suarez: Thank you.
72. DISCUSSION WITH REPRESENTATIVES OF THE GREATER BISCAYNE BOULEVARD
CHAMBER OF COMMERCE CONCERNING THE FIRST ANNUAL SENIORS' FUND DAY AT
BAYFRONT PARK -- NO ACTION TAKEN.
------------------------------------------------------------------------------
Mr. Odio: Mr. Mayor, this is Samaki Variety. It's in support to celebrate
the older Americans month. So Plummer and I are involved in that, since we...
Commissioner Plummer: Wait a minute. What now?
Vice Mayor Alonso: What?
Commissioner Plummer: What are you doing?
Mr. Odio: To support... All they want...
Mayor Suarez: Greater Biscayne Boulevard Chamber of Commerce to discuss the
first annual Seniors' Fund Day at Bayfront Park. Why is this item scheduled
before us?
Mr. Odio: Because they're going to come here and ask for funding and...
Mayor Suarez: We don't have any money, folks.
Mr. Odio: ... we told them no, but they still wanted to come.
Commissioner Plummer: There's no money.
Mayor Suarez: All right. What else do you need?
Commissioner Plummer: There's no money.
345 May 14, 1992
Mayor Suarez: Do you need the use of the amphitheater? We can waive it.
It's a community day.
Ms. Samaki Variety: No.
Commissioner Plummer: No.
Unidentified Speaker: They already got one of the community days.
= y�
Ms. Variety: No.
Mr. Odio: They have...
Mayor Suarez: Do we need a vote on the Commission on that?
Vice Mayor Alonso: No, we don't.
Ms. Variety: We needed...
Mr. Odio: No.
Mayor Suarez: All right, ma'am, go ahead and make your presentation.
Ms. Variety: What we needed was tents for the seniors. We have everything
- else taken care of, and we just needed to have, to get the tents so that the
seniors would not have to sit in the hot sun.
Commissioner Plummer: No, you can sit under the trees. That place is loaded
with trees.
Ms. Variety: Senior citizens. They're going to be sitting in chairs.
Vice Mayor Alonso: How much is the tent?
Commissioner Plummer: Seventy-five dollars ($75.00) each.
Ms. Variety: Yes.
Mr. Odio: Each. But that's controlled by...
Vice Mayor Alonso: How much do they need? How many do they need? -�
Mr. Odio: But we have no control over those tents.
Commissioner Plummer: No, we...
Vice Mayor Alonso: How many? ==
Ms. Variety: Yes, they do.
Unidentified Speaker: Seven hundred and fifty dollars ($750.00) they need.
Vice Mayor Alonso: Seven hundred and fifty dollars ($750.00)?
346 May 14, 1992
1
Commissioner Plummer: Yes, ma'am.
Vice Mayor Alonso: I will pay from my discretionaryf$und.
Ms. Variety: Thank you very much.
Mayor Suarez: All right.
Commissioner Plummer: Madam Commissioner, I applaud you for that, but let me
say to you, if it's only to stay out of the sun, they don't need the tents.
OK? There's a lot of trees around there and there's places they can get, and
I beg them to go down and look.
Vice Mayor Alonso: I don't know. In Bayfront?
-j
Commissioner Plummer: Oh, yeah.
Vice Mayor Alonso: Trees.
i
Commissioner Plummer: Everywhere.
'-� Ms. Variety: At Bayfront...
Vice Mayor Alonso: Shade enough for...
.r-
Ms. Variety: Excuse me.
Vice Mayor Alonso: ... elderly people? I'm not too sure of that,
Commissioner Plumper: OK.
Ms. Variety: At Bayfront Park, in the fountain area there are not enough
trees to facilitate the seniors.
Vice Mayor Alonso: I'll talk to Ira and we'll work it out,...
Commissioner Plummer: OK. Fine.
Vice Mayor Alonso: ... how many we will need.
Ms. Variety: Thank you very much.
Vice Mayor Alonso: If they need less, then that's what they get.
Commissioner Plumper: We're scared of setting a precedent.
347 May 14, 1992
------------------------------------------------------------------------------
73. DISCUSSION CONCERNING APPROPRIATE PLACEMENT OF THE BUST OF EUGENIO MARIA
DE HOSTOS.
------------------------------------------------------------------------------
Commissioner Plummer: Where are we?
Mr. Cesar Odio: 56.
Commissioner Plummer: Wynwood Advisory Committee adjust...
Commissioner Dawkins: 66?
Mayor Suarez: Item 56, Wynwood Community Advisory Committee.
Commissioner Plummer: We go from the community center argument to the bust of
"mato." [sic3
Mayor Suarez: Anyone ready on that item? If not, we go to item 57.
Commissioner Dawkins: You had something to say, Ira?
Mr. Ira Katz: We could take care of 56 real quick, it's just we need a formal
approval to transfer the De Hostos bust from Bayfront Park to the Center. The
Board of the Park Trust approved this unanimously.
Mayor Suarez: All right.
Commissioner Dawkins: So moved.
Mr. Odio: No, no. I'm sorry. I wasn't going to say anything but Dorothy
Quintana asked me not to send it to that Center, that's the one we had... We
are going to entrust it to the Parks Department until we find a place for it.
Mayor Suarez: Whatever! Why does any of this have to be acted on by the City
Commission of the City of Miami, folks?
Mr. Odio: Because it's property of that... We have to do it.
Mayor Suarez: Put the sculpture and the bust where you think it's most...
Mr. Odio: Fine. I will.
Vice Mayor Alonso: Well, you know something? What's not right is that these
things were removed to begin with. That was wrong, from the beginning. So,
now we better find a place that is appropriate because it's a lack of respect.
Mr. Odio: I agree. I think...
Mayor Suarez: One of the few things that Mr. Gonzalez-Goenaga has done useful
today was give us a little biography of Eugenio Maria De Hostos, and it really
is quite interesting.
348 May 14, 1992
Vice Mayor Alonso: Very nice. I was...
Mayor Suarez: And that's contained here in Spanish.
Vice Mayor Alonso: Yes.
Mayor Suarez: We can get it translated and people would know more about this
great forefather. All right.
74. DISCUSSION CONCERNING REQUEST BY MAGNOLIA PARK, MORNINGSIDE, BAYSIDE AND
SHORECREST HOMEOWNERS' ASSOCIATIONS TO AMEND CURRENT ZONING ON BISCAYNE
BOULEVARD (FROM 38 STREET TO CITY LIMITS) WITH A VIEW TO INSTITUTING
REQUIREMENT FOR CLOSING TIME FOR BUSINESS ESTABLISHMENTS.
Mayor Suarez: Your item is...
Mr. Miguel A. Seco: Fifty-seven.
Mayor Suarez: ... 57?
Mr. Seco: Yes.
Mayor Suarez: Magnolia Park, Morningside, Bayside and Shorecrest Homeowners'
Associations, current zoning on Biscayne Boulevard from 38th Street to the
City limits.
Commissioner Plummer: How much does this differ from item 59? Is this
interrelated.
Mr. Seco: It's totally different.
Commissioner Plummer: Totally different?
Mr. Seco: Completely different item.
Commissioner Plummer: OK.
Mayor Suarez: What they want is to eliminate certain uses in that area and I
presume Planning has some preliminary ideas on whether what they're proposing
makes sense. I know... I've read some of the uses they want to eliminate. Do
you know what they want?
Vice Mayor Alonso: But what they are changing is the boundaries, right?
Mr. Guillermo Olmedillo: We can do it quickly if they submit to us the list
of uses that they want to exclude and then we can bring back, through the
process PAB (Planning Advisory Board) and the City Commission.
349 May 14, 1992
Mayor Suarez: What are some of the uses that they want to exclude from the
area? - from thirty...
Mr. Olmedillo: Coin laundry, and I think, 7-Eleven's and things like that.
Mayor Suarez: I'm sorry. Go ahead. You spoke at the same time as I was
speaking, Guillermo. I can't hear you. What was it? Please, tell me on the
mike so we can hear what you're saying.
Mr. Olmedillo: Yes, sir. Things like coin laundry and...
Mayor Suarez: Coin laundries...
Mr. Olmedillo: ... 7-Elevens and that type of thing and some of the motels
that are located in the area. So those are...
Mayor Suarez: 7-Elevens. You want to eliminate all 7-Elevens...
Mr. Olmedillo: Or limit them.
Mayor Suarez: ... north of 38th Street?
Mr. Olmedillo: Limit some of them. I'll allow the applicants to speak.
Mayor Suarez: No, no. That's not the letter... The letter I got had some
other kinds of uses they wanted to eliminate, which sounded to me like they
made a lot of sense to eliminate.
Commissioner Plummer: There would be a lot of things.
Mayor Suarez: But not 7-Elevens.
Mr. Seco: We're here tonight to ask the Commission to instruct the Planning
Department to meet with representatives from each neighborhood association so
we can prepare the correct language to amend the current zoning.
Mayor Suarez: But you see, you don't need the Commission to instruct the
Planning Department to meet with representatives of the community. That's
part of what they're supposed to be doing even before we instituted the NET
(Neighborhood Enhancement Team) program. What is it that you're looking,
ultimately, to see if they will recommend, so that we'll take action. Give us
some idea of what the real item is.
Mr. Seco: There are certain types of... Like 24... For example 24-hour
Laundromats, or 24-hour facilities, liquor stores.
Mayor Suarez: You would like the kinds of stores that have some closing
time,...
Mr. Seco: Correct.
Mayor Suarez: ... so you all get some rest and you don't have as much
commercial activity.
350 May 14, 1992
Mr. Seco: Correct.
Mayor Suarez: That makes sense.
Mr. Seco: It isn't so much with what we want, as it is with the types of
business that we don't want that, through living there everyday, we have found
are detrimental to both the communities and/or the reputable businesses.
Mayor Suarez: What are some other examples. You've got the 24-hour
laundromat, the 24-hour liquor store.
Mr. Seco: Pool halls, liquor stores. You know, again, at this point we don't
have a punch list or a complete list. This is why we're here, so we can...
Mayor Suarez: Pool halls.
Mr. Seco: So we can meet with other representatives...
Mayor Suarez: Pool halls, if they have liquor. We've dealt with that here in
Coconut Grove 1n a case. There is all kinds of restrictions on the hours of
operation of that, you know that. You're talking about you would like to have
no pool halls that don't serve liquor functioning for 24 hours as part of the
zoning in that area. That's a little tough.
Mr. Seco: Again, you know, at this point, it's premature for us to present a
complete list because we haven't... You know, we're in the process of meeting
with other representatives from neighborhood associations and that's why we're
here. We're not versed in zoning changes...
Commissioner Plummer: Well, what do you want us to do?
Vice Mayor Alonso: Why are they here? Because, in fact, the Administration
knows quite well, they can work with you...
Mr. Seco: OK.
Vice Mayor Alonso: ... and then come back for approval.
Mr. Seco: It's simple.
Vice Mayor Alonso: And it's something that is done every day. Why bother you
to come here...
Mr. Seco: It was suggested...
Vice Mayor Alonso: ... in front of us when you have to be working with them
and come back.
Mr. Seco: I'm sorry. We met with the Administration and it was suggested to
us that we come before you to ratify what we're doing. In essence to get your
blessing to move forward with the process. So we were not...
Commissioner Plummer: "In nomine patrie et filie santos"
351 May 14, 1992
Vice Mayor Alonso: I knew he was going to do that.
Commissioner Plummer: Go away.
Mr. Seco: So is it OK with you to do this?
Mr. Odio: Yes. Yes.
Vice Mayor Alonso: Yes. Yes.
Mayor Suarez: Yeah. Don't over do it. There are some things that you listed
that are kinds of things that we would like to eliminate from the area, but
there are some things that you might be pushing it a little bit. Vice Mayor
Alonso.
Vice Mayor Alonso: Yes. And maybe that will be a good opportunity that we
also address other areas of the City of Miami that would like to produce
changes similar to what they want and we will take them at the same time. So
maybe we will get together with some other organizations in different areas
and perhaps address that together with them and address this specifics in the
different areas.
Mr. Odio: See what you started?
Mr. Seco: Thank you very much.
Mayor Suarez: All right. Very good, and that's a good...
Commissioner Plummer: Don't forget the poor box as you go out the door.
Mayor Suarez: That's a good initiative that you are involved in.
75. (Continued Discussion) DISCUSS AND DEFER FURTHER DISCUSSION CONCERNING
BOUNDARIES OF EDISON / LITTLE RIVER NEIGHBORHOOD. (Deferred to June
11th meeting.) (See labels 61 and 79.)
Mayor Suarez: Item fifty...
Commissioner Plummer: The best item of the night.
Mr. Cesar Odio: We are through.
Mayor Suarez: All right. Item 59. The folks that were here on item 59...
Commissioner Plummer: The best item of the night.
Mayor Suarez: ... apparently wanted to be heard.
Commissioner Plummer: The last one.
352 May 14, 1992
_ Mayor
Suarez: We had Dr. Lutton come up to the mike. I believe it was after
5:30.
This item was
technically scheduled to be heard at 5:30, and... �-
Vice
Mayor Alonso:
Mr. Mayor, before we leave today, I have a resolution I'd
like
to pass.
Mayor
Suarez: Yes.
_
Commissioner Plummer: To what?
Mayor Suarez: And she came up and she said, "I'd like to have this item
postponed." I announced that at the time, and no one said anything. Was it
because you folks weren't here or... You weren't here at 5:30.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: Oh, because you didn't hear me. All right. Now we do have
some folks here from the Greater Biscayne Chamber, right? Mrs. Broeker, and
Mr. Broeker.
Mrs. Melanie Broeker: We'd like to ask that it be postponed because...
Mayor Suarez: Why?
Mrs. Broeker: Dr. Lutton is our spokesperson and at the time you agreed to
it, and she has since gone, and so have the businesses that were here.
Mayor Suarez: You don't want to be without your principal artillery? Is that
what you're saying?
Mrs. Broeker: Exactly. We want Dr. Lutton here.
Mayor Suarez: Oh. And she had to be some place at seven o'clock. I do
remember seeing that in a little note.
Mrs. Broeker: We were all here.
Mayor Suarez: Well, put it this way. We're here either way. If you want to
express yourselves as to what you consider to be the problems there, we can
hear you for a few minutes and then some you may not be able to come back at
the next meeting, but I'm sure some of you will, and we'll make whatever
determination you want us to make and then we'll hear from Dr. Lutton. But,
in the meantime, we've got some ... the Broeker family here and some other
people, so we certainly have representation on the association.
Commissioner Plummer: May I inquire, Mr. Mayor?
Mayor Suarez: Yes.
Commissioner Plummer: Mr. Manager, what has been done about the complaints
we're receiving from that gate up on 78th Street? The people of Belle Meade
Island say that they're being held captive and they can't get through the
gates without being inquired. Has it been resolved?
353 May 14, 1992
Unidentified Speaker: (OFF MIKE)
Yes.
-
Commissioner Plummer: OK. Just asking. Thank
you.
Glad to hear it. r
(INAUDIBLE BACKGROUND COMMENTS NOT
ENTERED
INTO THE
PUBLIC RECORD)
Commissioner Plummer: Good. Glad
to hear
it.
-=
Mayor Suarez: Are you with the targets that
have
the international sign of
='
denial on them?
-f
Ms. Judy Clark: I'm here to tell
you what
I think
about our Boulevard and to
say...
Mayor Suarez: Start with name and
address,
please.
_
-
Ms. Judy Clark: ... and to say it
quickly
because I
have a dinner date.
Mayor Suarez: Start with name and address.
Ms. Judy Clark: Judy Clark, 5930 North Bayshore Drive. It seems to me that
the issue before us tonight has to do more with the future of our
neighborhoods and from the railroads to Biscayne Bay which is basically this
area under question this evening. The future of these neighborhoods has been
at risk for quite some time. So what we want to bring to you tonight and let
you make the decision in all of your wisdom, is the need to eliminate crime
and prostitution on that Boulevard and the role or the purpose of HUD (U.S.
Department of Housing and Urban Development) dollars, low-income to moderate -
income housing dollars in the future. How does it fit in? What does the
target area do for us, for the entire community?
Mayor Suarez: You overstated a little bit when you said "housing dollars"
because HUD is Housing and Urban Development.
Ms. Judy Clark: I stand corrected, Mayor Suarez. Thank you.
Mayor Suarez: We kind of can't be that narrow in the definition, but go
ahead.
Ms. Judy Clark: Well. The issue, as I said, is the future and what these
dollars represent for the future. Do they... Will these dollars serve the
purpose that the communities want them to serve? This, to me, is the issue.
I can't stand before you and tell you I want to totally eliminate the target
area. I think that there are some pockets within this general target area,
which goes a long way, all the way from 37th Street to 87th Street, or 39th
Street maybe, to 87th Street, from the railroad track to the Bay. Surely
there are some pockets within that area that could use some public funding,
wherever that might come from. But to take a whole, entire area, walk it
right up the backyard of some of the people that live here, with no buffer
zone and no real control over it, seems a little ludicrous to me. I think
that is something - not just in our neighborhood - but something that needs to
be looked at and scrutinized by, tonight you all, who else? I don't know who
else might look at, perhaps the Federal government, perhaps the people that
allocate the dollars. But to take an entire area and walk it right up to the
354 May 14, 1992
backyard of another neighborhood that falls out of the range of low to medium -
income necessity, then it seems to me that there is some question about what
really represents, what really is a target area. This is... Some of these
pockets that are located inside of this particular great, huge target area,
really do need help. There's no question about it. Can we best serve them by
making them included in a huge, whole area? What has the target area done for
us? What will it do for us?
Mayor Suarez: Oh, I see what you're saying. What you're saying is that, what
to other neighborhoods is a Godsend, to be declared a target area and to be
recipients of HUD monies, Community Development monies, etcetera, to areas
that are really in pretty stable, and low, I mean middle and upper -income,
that is not really much of a help. And the very definition of being in the
area is already harmful. Is what you're saying.
Ms. Judy Clark: So it seems. I do not have the answer to this question and
I'm not here to tell you...
Mayor Suarez: But you admit that in Biscayne Boulevard, somewhere north of
36th Street all the way up to 79th and the City limits, which I guess Biscayne
or eighty -something, there are pockets, there are areas where clearly we have
the conditions that HUD prescribes for...
Ms. Judy Clark: There are some pockets.
Mayor Suarez: ... Community Development target areas.
Ms. Judy Clark: There are some pockets.
Mayor Suarez: Maybe it's a matter of redefining it. Are you also saying that
once we do that, the Greater Biscayne Chamber of Commerce is somehow not the
entity that you would like to see spending those monies. Is that...
Ms. Judy Clark: Absolutely not.
Mayor Suarez: Is that...
Ms. Judy Clark: And I've stated that here before. That's not the issue
before us tonight, but that's absolutely true.
Mayor Suarez: OK. That's not the issue tonight.
Ms. Judy Clark: That's not the issue tonight. That...
Mayor Suarez: The issue tonight is more definitional. You would like to...
Ms. Judy Clark: Yes.
Mayor Suarez: I see.
Ms. Judy Clark: There were two issues. I brought to you a couple of months
ago two issues. One is the continued funding of an organization that's
accomplished nothing, and the second is the issue of HUD dollars and the
allocation of those HUD dollars within a defined area. The question tonight
is the definition of that area.
355 May 14, 1992
i
Mayor Suarez: Do we have any City of Miami input on that? Any
recommendations? Is there something that maybe we should study? If we should
_==
in fact circumscribe the area a little bit more and not just say Biscayne
Boulevard generally.
Mr. Frank Castaneda: Commissioner, what they're really discussing is back in,
if I recall correctly, it was 186 or 187.
Mayor Suarez: I presume, Frank, that the area west of the Boulevard, nobody
there is complaining about being designated a target area so far, right? Most
of the people that are complaining are east of the Boulevard? -
Mr. Castaneda: No, no. Right. That's correct. That is correct, —
Commissioner. The expansion was the difference between the two lines, and
_
that is what is in argument, in discussion right now.
Mayor Suarez: What's so difficult about bringing that eastern line from the
—
Bay all the way up to, say, the half of the lot abutting on Biscayne
Boulevard?
Mr. Castaneda: I'm sorry, Mayor. That is Biscayne Boulevard.
Mayor Suarez: That is Biscayne?
—j
�l
Mr. Castaneda: Right.
=
Mayor Suarez: So it's all to the west of Biscayne?
i
Mr. Castaneda: That is correct. The commercial area west of Biscayne is
included in the target area. What they are arguing is, that Biscayne
Boulevard should not be included in the target area.
—�
Mayor Suarez: They want to move it to the west side of Biscayne Boulevard? _
r
Mr. Castaneda: Well, to the railroad track.
R
Mayor Suarez: And then five more feet after that to include shrubs and all of
that so that they don't... OK. =-
1
Commissioner Plummer: What?
Mayor Suarez: No. They would like the commercial area on Biscayne not to be
part of the target area, except maybe...
Mr. Castaneda: Right. They wanted to move it back to the railroad track
where it was originally, which is this line going here.
Mayor Suarez: Aha. That's what it was? When did we change that? We
expanded it...
Ms. Judy Clark: 1987.
356 May 14, 1992
r]
Mayor Suarez: That was precisely to allow the Greater Biscayne Chamber of
Commerce...
Mr. Castaneda: That is correct.
Mayor Suarez: ... to receive some funds under that, right?
Commissioner Plummer: Didn't they also have it declared as a blighted area to
get the Federal funds?
Mr. Castaneda: No, 1t was declared low and moderate -income target area.
Commissioner Plummer: That's right, and that's what we were told at the time,
that if you didn't include that area, you would never qualify, as I recall.
Mr. Castaneda: That's correct.
Commissioner Plummer: And that's the only reason that we did it.
Mr. Castaneda: That's correct, and some people...
Mayor Suarez: An interesting, philosophical quandary.
Mr. Castaneda: ... are in disagreement with that.
Commissioner Plummer: Excuse me. I think that has to be remembered now that
_ if we do move that line, we could be jeopardizing any Federal funds that would
be going into the area.
Mr. Castaneda: Right.
Mr. Don Henson: May I speak, Mr. Mayor?
Mayor Suarez: Well, I'm not sure that this is the proper time.
Mr. Henson: I just...
Mayor Suarez: I mean, I gather that you, because of the blue tag, represent
somehow the Greater Biscayne Boulevard Chamber of Commerce.
Mr. Henson: Yes, sir and the people concerned about it.
Mayor Suarez: All right. What is your name, sir?
Mr. Henson: My name is Don Henson, I'm president of the Shorecrest
Homeowners' Association. I have a prepared...
Mayor Suarez: Oh, you're also a homeowner.
Mr. Henson: Sir.
Mayor Suarez: You're also a homeowner?
Mr. Henson: Yes.
-s
357 May 14, 1992
1
Mayor Suarez: In addition to...
Mr. Henson: I have a prepared statement that will take six minutes of your
time...
Mayor Suarez: No way. No way. What is the relevancy of what you want to
tell us? I mean, we're engaging in a philosophical debate here...
Mr. Henson: Very good. May I...
Mayor Suarez: Yeah.
Mr. Henson: In the Neighbors paper...
Mayor Suarez: You can introduce that into the record, by the way, if you'd
like. Although if it's the Miami Herald. it might just break the machine when
it gets introduced into the record.
Mr. Henson: Very good. In the Neighbors papers, it has exactly what you all
are talking about.
Mayor Suarez: We'd like to read that, yes. All right.
Mr. Henson: A census, and it shows the areas that are, quote, areas that are
in distress and need help. What we're saying is these folks that are
objecting to Biscayne Boulevard being the point, we are saying that it should
go further. It should go beyond that.
Mayor Suarez: Going east.
Mr. Henson: East. And if there's anyone here that doubts whether we need
that or not, let them drive up to 86th Street. These people live down near
Bay Point and places like that. Let them drive up to 86th Street, turn right
and I challenge them to say that those areas do not need help. I challenge...
We live in Shorecrest.
Mayor Suarez: Well, it may be that you don't disagree totally, because they
have admitted that there are pockets in that...
Mr. Henson: Yes, but what they're saying is that they want to take away...
Mayor Suarez: Yeah, the line doesn't have to be right at Biscayne Boulevard
Vice Mayor Alonso: The line doesn't have to be a straight line.
Mr. Henson: Yes, but what they're saying is they want to take away funding
from on organization that has been in existence...
Mayor Suarez: Well, that's a secondary part of their objective. The first
thing that they're here on today 1s the definition of the boundaries, and
maybe you ought to limit yourself to that, although I understand what you're
saying about the Chamber, too.
358 May 14, 1992
Mr. Henson: Well, they...
Mayor Suarez: All right, go ahead.
Mr. Henson: Well, they seem to be objecting mainly about the Chamber. The
boundaries are something that, as far as I'm concerned, they don't go far
enough. And just as Commissioner Plummer said, if you take away one thing,
you're jeopardizing many other things. And the Greater Biscayne Boulevard
Chamber of Commerce has done a tremendous job on Biscayne Boulevard in
businesses and I may...
(NOISE FROM AUDIENCE)
Mayor Suarez: Please. Please. Please. We're not going to decide this on
the basis of whether he claims that they've done a lot and you laugh and
otherwise...
Mr. Henson: I can read things that the Chamber has done in their existence.
Everybody says what have they done? They have done things. And I say that
they are a better organization to continue doing things since they have been
in existence for five years, than someone that says, "Well, we can do better."
Mayor Suarez: All right. Very good. By the way, this sketch is quite
illustrative. I mean, it has the areas that are...
Mr. Odio: It is on the 1990 census.
Mayor Suarez: ... in excess of twenty-seven thousand dollars ($27,000.00),
more or less, median -household income. You can see the green areas are fairly
well to do and then the areas that go as low as less than thirteen thousand
median -family income, household income, are with the cross lines in red and
they sort of surround the green areas. So you've got a classic case of what
your article... The quote is which is "rich man, poor man," I think if I saw
it correctly.
Mr. Henson: Yes.
Mayor Suarez: That's interesting and it's a quandary for us. I mean, I don't
know how we solve all this. What further do you want to tell us, Judy?
Ms. Judy Clark: Well, I wanted to mention, I think last, two, a couple of
years ago, there was a housing project by Mr. Bailey's office, scattered site
housing in the Shorecrest area that was rejected.
Mayor Suarez: Yeah, that's kind of the test of whether you consider yourself
a Community Development target area which is whether you want to be the
recipient of scattered site housing monies. If you don't, probably your
community is at a stability and income that they'd rather not have that, and
there's many communities in Miami that are dying for that kind of money and of
course, that reflects the difference in their situations.
Mr. Henson: Mr. Mayor, we're requesting a Federal grant. Shorecrest is
requesting a fifty thousand dollar ($50,000.00) Federal grant.
359 May 14, 1992
Mayor Suarez: Where is Shorecrest on here? Show me the boundaries so we know
what we're talking about.
Mr. Henson: We're talking about from the Little River Canal to the City —
limits, from Biscayne Boulevard to the Bay. That is Shorecrest.
Mayor Suarez: What are the street numbers, roughly?
Mr. Henson: 78th to 87th.
Mayor Suarez: Right. Yeah, that's clearly... I don't think they would object
to that.
Ms. Judy Clark: I think if Shorecrest wants to be in the target area, by all
means.
Mayor Suarez: I mean, we recognize that Shorecrest is probably a valid target
area by any...
Commissioner Plummer: My favorite Chinese restaurant just went out up there.
Mr. Henson: We have homes ranging from sixty to four hundred thousand in our
area, but the biggest part of...
Commissioner Plummer: Poor "Louie Luke."
Mr. Henson: Right on the Bay.
Mayor Suarez: Yeah, I would guess that there's a few very nice homes up
there.
Mr. Henson: But we sincerely believe that what is being done, needs to be
continued and the argument that the Greater Biscayne Boulevard Chamber of
Commerce for some reason is not doing anything, is not a valid argument.
Mayor Suarez: OK. But see...
Commissioner Plummer: Yeah, well but wait a minute. Mr. Mayor, excuse me.
Mayor Suarez: Dr. Lutton did ask for your side, essentially, to be heard at
the next meeting, and we're basically hearing their side on the issue of
the...
Mr. Henson: You want me to shut up?
Mayor Suarez: ... Chamber's effectiveness. So maybe we ought to let them
complete, and the Commissioners want to comment. I'm sorry. I don't want to
monopolize.
Commissioner Plummer: I take exception. I can't see under any circumstances
that east of Biscayne Boulevard, from I'm going to say the Little River down,
south, needs to be addressed as a blighted area. No way. I'm sorry. That
would be hypocritical to say such. All right? Now Biscayne Boulevard, I
think, is the main problem that we're facing here. All right? That, as far
360 May 14, 1992
as I'm concerned, how do we address the problem of Biscayne Boulevard? I
would never vote to increase it to the east. I think that's ludicrous. To
the west, I think it's beneficial, and I think that's what's got to be done.
So how do we address the real, primary issue as I see it here, is the
Boulevard?
Mayor Suarez: Judy, go ahead, please.
Ms. Judy Clark: Can I talk?
Commissioner Plummer: Speak...
Ms. Judy Clark: Let's talk for a second about Coconut Grove. Let's talk
about the section that's the Commissioner's section. There is no target area
there, and as far as I understand it, there's no target area that even abuts
your area. It also doesn't come into your marketplace. I don't see
government and HUD dollars in the marketplace. You've got it down there.
Where is your target area in the Grove area?
Commissioner Plummer: Oh, we have eight CBO (community based organizations)
target areas.
Mayor Suarez: No. She said in the Grove.
Ms. Judy Clark: In the Grove.
Commissioner Plummer: In the Grove, we've got... There's a target area there.
Ms. Judy Clark: Not where you live.
Commissioner Plummer: Where I live?
Mr. Odio: West Grove.
Mayor Suarez: No, we all agree, we're not going to give any money to any
affordable housing anywhere near Plummer's house.
Commissioner Plummer: No, no. The only target that I get is they rob my
neighborhood day in and day out. That's the target we get.
Mayor Suarez: He's in that area of the City where the real estate taxes
exceed what the Commissioner gets paid.
Commissioner Plummer: What they pay me. Yeah.
Ms. Judy Clark: I'm not here to wipe out target areas, and I'm certainly not
here to turn down funding. As a matter of fact, one of the projects...
Commissioner Plummer: But, Judy, are we all not in accord? I haven't heard
anybody here disagree with me that east of the Boulevard should not be a
target area.
Mayor Suarez: They don't want the Boulevard either.
361 May 14, 1992
4 4
Ms. Judy Clark: It's not.
Mayor Suarez: They don't want the Boulevard either.
Ms. Judy Clark: It isn't a target area now.
Commissioner Plummer: Huh?
Mayor Suarez: They don't want the Boulevard itself either.
Commissioner Plummer: I'm saying the problem is the Boulevard.
Mayor Suarez: Yeah.
Commissioner Plummer: Let's talk about the Boulevard, not east of it.
Ms. Judy Clark: I'll tell you what let's talk about. Let's talk about what
happened in 1987. You moved the target areas from the railroad track all the
way to the east side of the Boulevard.
Commissioner Plummer: And for a reason.
Ms. Judy Clark: Granted. But let's talk about what really needs to be...
What the heck is a target area? Where should it should be? And what's the
purpose of it? If the purpose of 1t is to help low-income people, then let's
target a specific area that really will help some low-income people. You've
got five or six pockets over there, I can tell you two right now. From 62nd
to 63rd Street, 4th Court all the way to the back end of the Boulevard, to the
west side of the Boulevard.
Commissioner Plummer: Is a disaster area.
Ms. Judy Clark: That's a terrible, terrible two streets. Make them a target
area. You must have, like, four or five little pockets in there that are
awful. That's about it. The people that live in single-family homes north of
about 71st Street, on the west side of the Boulevard, on the 71st Street to
about 78th Street, there may be some scattered incidents in there, but you
take an area from 37th Street to 87th Street, from the railroad tracks to the
east side of Biscayne Boulevard, this is not a necessity. When you look at it
on an overview, this is not a necessity. There are some pockets. You want to
know what they are? We'll tell you. You can target them. And it can be an
open discussion. It's perfectly OK with me. If Don wants to be a target
area, by all means, Don, make Shorecrest into a target area. I think that's a
great idea.
Mr. Henson: I would like to.
Ms. Annette Eisenberg: OK. If you...Just a minute.
Ms. Judy Clark: But by the same token, I think you have to address the
issues...
Mayor Suarez: All right.
362 May 14, 1992
Ms. Judy Clark: ... of how many CEOs are in the current target area. What
are they doing? What's the role of capital development there? How can we
save our neighborhoods? Target areas, and we've been a target area since
1987, what good has it•done us? What good will it do us in the future? We
want to save our neighborhoods. We want to eliminate crime and prostitution
on that Boulevard. This is not the answer.
Mayor Suarez: All right. Thank you.
Ms. Eisenberg: My name is Annette Eisenberg, I live at 1180 N.E. 86th Street.
I have a business at 7111 Biscayne Boulevard. Don't put me into a target
area. And that's what Mr. Henson just said. I don't live in Shorecrest. And
I don't want to be known as Shorecrest, and I don't want to be in a target
area. Secondly, Frank. What do you call me, Frank? The mother of this whole
miserable deal. Because in 1987, I came to you to create the new target area,
extending it from the railroad tracks to the east side of Biscayne Boulevard,
for the specific purpose, and you may go and you may read the documents, for
the specific purpose of increasing property values and creating businesses on
Biscayne Boulevard. Nothing to do with the neighborhoods, nothing to do with
the homeowners, but only designated as a business development and creating a
better environment on Biscayne Boulevard. Further, when I came to you, and I
had the first project in Edison / Little River and Little River, that you all
remember about, it was never intended that funding continue endlessly. By
now, we should have been financially secure. We should have had our own
funding through memberships and they should be going ahead with it. To
continue funding endlessly, and creating a target area and putting my home in
a target area, I object to. I work in one, but you don't have to send me home
in one. And I don't live in Shorecrest and don't put Davis Harbor and don't
put those of us east of loth Avenue in a target area. And if I made a big
mistake in 1987, I'm sorry. But we did do things, and I am sorry if I created
this target, but it was never intended to work with homeowners. Never. When
we had our first memberships, homeowners were only honorary members to give us
input. But never in the decision process. It was to create the banners that
we did that you paid for to bring businesses into Biscayne Boulevard, to try
to do something with the zoning, etcetera. Nothing to do with the homeowners,
and if you're going to create - as Judy said - if you're going to create
target areas, don't put me in it. Because if you do, you better reduce my
taxes, which are pretty damn high.
Mayor Suarez: All right.
Ms. Eisenberg: If I'm in a depressed area, then decrease my taxes.
Mayor Suarez: All right.
Mr. Henson: May I... May I...
Mrs. Jennifer Clark: May I say something, please?
Mayor Suarez: OK. Why don't we go over here one time and then here, and then
we're going to wrap this up, folks. I don't think we're going to decide
anything tonight anyhow, but at least we're getting the philosophy of this.
Mr. Henson: Mr. Mayor.
363 May 14, 1992
V
n
Mayor Suarez: No, sir. You're not recognized right now. Ma'am, go ahead.
Mr. Henson: Oh, excuse me.
Mrs. Jennifer Clark: Mayor, Commissioners, Jennifer Clark, 713 N.E. 71st
Street. I have brought you the mothers, the grandmothers and the sisters that
live in my neighborhood. More of them did not come from the west side of the
Boulevard because they're seniors and they're afraid to leave their homes at
night because of what they come back to over there. They're seventy and
eighty-seven year old women on the west side of the Boulevard that are west of
Bayside. They do not want to be a target area. I have letters from them, if
you want them. If you make your next hearing at an early hour, I'll bring all
them down here, too. I have spent the past two weeks going to Wynwood,
Liberty City and Overtown and talking to women in those communities, and
asking them what they think of a project that this Commission approved of a
hundred and twenty-five thousand dollars ($125,000.00) to plant flowers in
front of Bay Point. Bay Point has half million to million dollars homes
there. That area of the Boulevard is not blighted. You know, the riots in
L.A., you know, we're pretty civilized in Miami, but civilization only goes so
far when people are hungry and they don't have jobs. You've allocated seven
hundred thousand dollars ($700,000.00) of HUD money to go to Northeast Miami.
We're living the life of luxury up there compared to what's going on in
Wynwood, Liberty City and Overtown. I think you better take a second look at
what's going on here. You know, we're trying our best up there. The Police
are kicking in. It's not going to be the Chamber of Commerce that...
Mayor Suarez: The figure you gave, Jennifer, was for the entire period of
time. I didn't ask for any documents. You're just like City staff, you know.
We ask a simple question. I just wanted to make sure it reflected the...
Mrs. Clark: I've got more copies if the rest of you would like them.
Mayor Suarez: Since 1987, is that where you give that figure? You add it up.
Mrs. Clark: No. Since 1987, you've given them three hundred thousand dollars
($300,000.00). This year, you're allocating seven hundred thousand dollars
($700,000.00) to that quadrant of the City.
Mayor Suarez: Let me clarify. What are allocating seven hundred thousand
dollars ($700,000.00) to? Because there may be some projects of physical
improvement that are needed. I don't...
Mr. Castaneda: What she's making reference to is fifty thousand dollars
($50,000.00) to the Biscayne Chamber of Commerce; a hundred and twenty-five
thousand dollars for street...
Mayor Suarez: That's great. You give me the smallest of the items first.
All right.
Mr. Castaneda: ... in street beautification project; and five hundred
thousand dollars ($500,000.00)...
Mayor Suarez: I'm sorry. A hundred and twenty-five is what?
364 May 14, 1992
Mr. Castaneda: For the street beautification project.
Mayor Suarez: Beautification. It's not just flowers. I mean,...
Mr. Castaneda: No, of course not.
Mayor Suarez: ... presumably, it's a lot more than that. All right.
Mr. Castaneda: Of course not. And half...
Mrs. Clark: Pavers.
Mayor Suarez: Please. Please.
Mr. Castaneda: ... and a half million dollars ($500,000.00) for land
acquisition for low and moderate -income housing.
Commissioner Plummer: Wait a minute. What happened to the money for planning
that we allocated?
Mr. Castaneda: I'm sorry.
Commissioner Plummer: What happened to the money for planning?
Mr. Castaneda: I believe that you're referring to the hundred and twenty-five
thousand dollars ($125,000.00) for the beautification of the Boulevard.
Commissioner Plummer: We had the group here, and I think this gentleman was
part of it, that came here to get money for planning.
Mr. Doug Broeker: That's part of the same scattered site housing project.
Commissioner Plummer: Of the five hundred thousand?
Mr. Broeker: I don't know if the five hundred is on top of the hundred and
eighty-seven that you allocated that day, or whether it runs concurrently.
Judy Clark would...
Commissioner Plummer: Well, excuse me. Who does know?
Mr. Broeker: Judy Clark.
Mrs. Jennifer Clark: Oh, wait a minute.
Mr. Broeker: I was here from the funding committee of the task force.
Mayor Suarez: We were just trying to ascertain facts.
Mr. Broeker: But that's...
Mayor Suarez: We're not arguing opinions here, please.
Vice Mayor Alonso: We gave hundred and twenty-five, and then for the...
365 May 14, 1992
Mr. Broeker: No, the hundred and... For beautification.
Vice Mayor Alonso: Yes.
Mr. Broeker: Right. That's for stage one of a five -stage project to beautify
the Boulevard from 36th to 87th.
Commissioner Plummer: As I recall, it was 1n two segments of two fifty.
Mr. Broeker: Right. Right.
Mayor Suarez: Of one twenty-five.
Mr. Broeker: From the City, it's one twenty-five. We have applied to the
State for a matching grant of one twenty-five.
Commissioner Plummer: And ours does not kick in unless that one does.
Vice Mayor Alonso: Yes.
Mr. Broeker: I don't that string was attached.
Commissioner Plummer: If it's a matching grant, if you don't get one, you
don't get the other. Isn't that usually the matching... Is there any other
kind of matching that I don't know about?
Mr. Broeker: I don't believe that the City allocated the funds on the
condition that the State would match it.
Mayor Suarez: Yeah. We gave them a hundred and twenty-five with the
expectation that they would use that to match against State, but not with the
condition that if not, they wouldn't get any of it. We're just hoping to make
it into two fifty duplicate.
Mr. Broeker: Exactly. And the application is in. It's been published...
Mayor Suarez: OK. What about the affordable housing now? The scattered site
housing. Where is that going to be located?
Mr. Broeker: 62nd and 63rd.
Mrs. Jennifer Clark: 61st and 62nd.
Mayor Suarez: West or east of the Boulevard? You're just giving me...
Mr. Broeker: West of the Boulevard. I'm sorry.
Commissioner Plummer: Oh, come on. What do you mean east or west?
Mr. Broeker: West of the Boulevard, a half a block.
Mrs. Clark: It's right on Biscayne Boulevard.
366 May 14, 1992
Mr. Broeker: Fronting on the Boulevard and then going back on these streets.
Commissioner Plummer: How can they afford east?
Mayor Suarez: Please. Please. I just want to...
Mr. Broeker: Right. 62nd and 63rd.
Mayor Suarez: Nobody, I think, here disagrees with that. So the bulk of the
seven hundred thousand that you alluded to, and that you made it sound like
we're throwing money away, that should go to Wynwood and Liberty City and so
on, the bulk of it is for affordable housing in an area that we all agree
needs that kind of help. So please don't overstate your case anybody. Now,
if you don't think that they should get - the Greater Biscayne Boulevard
Chamber of Commerce - should get a penny, and I gather you don't think they
should, or if you don't think that the hundred and twenty-five thousand that
so far we have given for planning, are being properly used, because you don't
like it being spent on flowers in front of Bayside, those are all valid
arguments. But don't create an invalid argument so we don't know how to deal
with it afterwards.
Commissioner Plummer: We11, no. I think...
® Mrs. Judy Clark: Mayor.
Commissioner Plummer: ... it goes further than that, Mr. Mayor. I think they
make one point, and that is, that the hundred and twenty-five thousand that
went for landscaping went in a very exclusive, elite area and the money could
=J have been better spent...
Mayor Suarez: I don't.doubt that.
Commissioner Plummer: ... if it had been used up at the top to help eliminate
some of the blight that exists. I think that's a very good point.
Mayor Suarez: And, if they don't seem to be very good at deciding the
priorities of the area,...
Commissioner Plummer: No, we did.
Mayor Suarez: Or we aren't, you ought to tell us that.
Commissioner Plummer: We did.
Mayor Suarez: That's a very valid argument.
Mrs. Jennifer Clark: Well, Mayor Suarez. You know, one of the problems that
I have with what's going on here with this little, I call it a "pea game" with
the housing and the motels and all this other stuff that's going on is that
the main problem on that Boulevard is not blight. The maim problem on that
Boulevard is motels and what they draw to them.
Mayor Suarez: OK.
367 May 14, 1992
Mrs. Jennifer: But, no...
Mayor Suarez: That particular problem,...
Mrs. Jennifer Clark: OK.
Mayor Suarez: ... folks... Wait a minute. That particular problem we've been
dealing with for at least ten years. It's not easy. It's not easy to deal
with it. We have tried. I think we've been about as creative a City as any
in dealing with prostitution. We have tried Code Enforcement. We have tried
licensing. We have tried condemnation. We have tried... Probably about the
only thing we have left to try is just to sort of demonstrate in front of them
or something until they stop doing that.
Mrs. Jennifer Clark: Well, condemning buildings would be a nice way out of
it, because a lot of those buildings are due to...
Commissioner Plummer: Excuse me. Is it not the first act of the Nuisance
Abatement Board that closed one of those places down?
Mayor Suarez: We have tried a Nuisance Abatement Board...
Commissioner Plummer: Is it not the Nuisance Abatement Board who's continuing
to try to do something about it?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: I'm sorry. I didn't hear your comment.
Vice Mayor Alonso: What did she say?
Ms. Lourdes Hainlin: Lourdes Hainlin, 674 N.E. 70th Street. After being on
the Chamber board for one and a half years, I know firsthand that they have
done nothing. And what they're doing now...
Commissioner Plummer: Who?
Ms. Hainlin: The Chamber.
Commissioner Plummer: No, I'm talking about the Nuisance Abatement Board.
Ms. Hainlin: They will take that as a credit that they have done. The first
meeting was...
Mayor Suarez: We're not really all that interested in credit, as much...
Ms. Hainlin: Well, he asked...
Mayor Suarez: ... how we should spend the money, though, Lourdes.
Ms. Hainlin: OK. He asked for Nuisance Abatement Board. My opinion of
Nuisance Abatement Board...
Mayor Suarez: Yes. And he says, "Isn't that a good tool for...
368 May 14, 1.992
rA
Ms. Hainlin: Yes.
Mayor Suarez: ... carrying out what we're talking about?"
t
Ms. Hainlin: It's an excellent tool, but it was not going to be used that way
initially. If it had not been from pressure from us in Bayside, in
particular, to close that motel down. The purpose...
Commissioner Plummer: No. Excuse me. I'm sorry. You're wrong. OK?
Ms. Hainlin: We put a lot of pressure...
Commissioner Plummer: The very creation of the Nuisance Abatement Board came
from Miami Beach that did, in fact, close those hotels down.
Ms. Hainlin: Right. Yes. We know that.
Commissioner Plummer: So don't you take credit for it either.
Ms. Hainlin: No, no, no. We're not... I'm not taking credit for it. I'm
saying from the first meeting that they had, we put the pressure on that
because we wanted that motel closed.
Commissioner Plummer: Great.
Ms. Hainlin: So we are taking active participation, and that is not something
that they have done. So...
Commissioner Plummer: That's good.
Mayor Suarez: But there's an unlimited amount of that kind of resource, of
active participation. We all can do that.
Ms. Hainlin: Exactly. I feel that...
Mayor Suarez: The question is when we allocate resources, and when we define
target areas, how we should do that,...
Ms. Hainlin: And we need to...
Mayor Suarez: ... and that's what we should be addressing.
Ms. Hainlin: And we need to look at it again.
Mayor Suarez: Exactly.
Ms. Hainlin: Because we did it back in 1987, we need to do it again.
Obviously, nothing worked from what we did in 1987.
Mayor Suarez: OK. Why don't you address, by the way, since no one has yet
tried to resolve this for us, the hundred and twenty-five thousand dollars
($125,000.00). We know that you don't want us to give them any more money for
operations.
369 May 14, 1992
Ms. Hainlin: OK. Let me tell you my opinion as a homeowner, and I know the
way other homeowners feel, after we heard that and we saw the plans, we were
very upset. Now,...
Mayor Suarez: OK. Why?
Ms. Hainlin: ... it's out of our hands...
Mayor Suarez: Why? Why? What's wrong with the plan?
Ms. Hainlin: Because of the area and how it's being spent. Now, I know they
did some, I guess, redesigning it a little bit, and they tried to please us a
little bit, but it still does that.
Mayor Suarez: What streets does it cover on the Boulevard? From what to
what?
Ms. Hainlin: Jan, you know. 39th Street...
Mr. Broeker: 24th to 48th.
Mayor Suarez: 24th to 48th.
Ms. Hainlin: That doesn't affect any of our neighborhoods, except for Bay
Point, which does not need it.
Mayor Suarez: From 24th to 36th, God knows we need it.
Ms. Janet Grigsby: Lord you're right.
Mayor Suarez: In fact, to pretty close to Bay Point. Bay Point begins at
what? At...
Ms. Grigsby: 39th.
Mayor Suarez: At 39th. So you've got, you know, 15 blocks there that you
certainly need it.
Vice Mayor Alonso: A good stretch there that really needs that.
Mr. Broeker: Edgewater and Magnolia Park.
Ms. Hainlin: Yeah, we just feel... Mayor, let me tell you how I personally
feel.
Mayor Suarez: And if you're going to do it those 15 blocks, you may as well
take it up a little higher. I don't...
Ms. Hainlin: I just... That was... It was presented by the Cbvnher and was
one of their... It was, you know, a project that I was involved in initially,
and...
370 May 14, 1992
Mayor Suarez: OK. So that's not all that objectionable then. It doesn't
sound like a bunch of flowers in front of Bayside from the way it was
described before.
Ms. Hainlin: In front of Bay Point, not Bayside. Bayside's our neighborhood.
Mayor Suarez: I thought you said Bayside.
Ms. Hainlin: No, Bay Point. Bay Pointe. Bay Pointe, multi -million dollar
homes.
Mayor Suarez: Well, it would cover Bay Point if it goes up to 46th.
Ms. Hainlin: Yeah, it does cover it at this point.
Mayor Suarez: Right.
Ms. Hainlin: It does cover it. It doesn't touch of our neighborhoods, but he
says...
Mayor Suarez: Well, we can't do a lot of beautification, and when we get to
Bay Point, stop it, you know...
Ms. Hainlin: Mayor, what we...
Mayor Suarez: ... and say, "You all have too nice an area, therefore..."
Ms. Hainlin: No, we can't do that, of course.
Mayor Suarez: Right.
Ms. Hainlin: But if there's already existing plants there, we don't have to
do it. But besides that, we feel that nothing has been done since we were
created into a target area. We'd like you to look it over again. We'd like
to discuss it with you and work out something where we can eliminate our
neighborhoods from being a target area. We do not...
Mayor Suarez: Yeah, but we've heard that argument.
Ms. Hainlin: OK. That is...
Mayor Suarez: Now we were talking about real resources because you could
argue forever as to whether it's good for you to be in a target area or not.
Generally, obviously, east of the Boulevard, it would not be good for you;
west it would probably be good for you. The Boulevard itself, that's the
tough one. That's the tough...
Ms. Hainlin: Yeah, that's what we need to come up with other ways to clean up
the Boulevard.
Mayor Suarez: Right.
Ms. Hainlin: So let's go beyond the target and try to find other ways because
that has not worked.
371 May 14, 1992
- Mayor Suarez: And I have a feeling that part of the reason you would like the
Boulevard not to be a target area is that you would Like the Greater Biscayne
- Boulevard Association or Chamber of Commerce, or whatever not to get the
funding, which is...
= —
Ms. Hainlin: That's not just the reason, though. We just don't want to a...
- Mayor Suarez: Because you'd like that money to be used in some other ways.
Ms. Hainlin: That's not the only reason. It will affect them because that's
_ the reason why it was done initially.
_ Mayor Suarez: Or maybe you don't want it to be used for operations, but
}
rather for physical improvements, you know.--
- Ms. Hainlin: That would be a good idea. That may be a good idea.
Mayor Suarez: That's a big factor when we discussed the Downtown Development
Authority (DDA), a lot of people say it's over a million dollars
- -
($1,000,000.00), a lot of it goes to staff, why don't you just use the money
to fix up downtown.
--
_ Ms. Hainlin: That's true.
--
- Mayor Suarez: All right.
Commissioner Plummer: Staff and rent.
- Mayor Suarez: Any last statement? - and then we're going to adjourn, folks.
_ Mrs. Melanie Broeker: Melanie Broeker, 538 N.E. 55th Terrace, Morningslde and
_ executive director of the Biscayne Boulevard Chamber of Commerce. First of
all,. the target area excludes the eastern homeowners and it was designated a
target area because Biscayne Boulevard was deemed a blighted area. Drive
=_
-1 down, see the number of vacancies in the buildings. Also drive down and see
what the Chamber has done. We've implemented, just in these past three
months, two commercial facade programs, where two businesses who could not
-j have afforded to spruce up their building and make it more attractive and more
-� inducive to new business, have been able to do that.
_ Mayor Suarez: We know what a facade program does. What are the businesses?
- Mrs. Broeker: Rayco Automotive, Habersin Camera Repair.
_
Mayor Suarez: All right.
_i
=I Mrs. Broeker: Also we have a hundred signatures, over a hundred, of business
ems=
_= owners that do support the target area and feel that is the only help we get
from the City.
Mayor Suarez: Is that, all of those on Biscayne Boulevard itself?
372 May 14, 1992
s
Mrs. Broeker: On Biscayne Boulevard. And many of them were here tonight but
because we did postpone it...
Mayor Suarez: Typically, what street to what street?
Mrs. Broeker: 36th to 87th is the target area on the Boulevard.
Mayor Suarez: You have to admit that it's a huge target area.
Mrs. Broeker: It is a huge target area.
Mayor Suarez: You know, one thing here that may be interesting is narrowing
that a little bit to the areas most affected, and that might give them a
little bit of consolation and might also allow you to be a little bit more
effective. Because otherwise,...
Mrs. Broeker: It's a large area.
Mayor Suarez: ... the impact of your efforts is diluted.
Commissioner Plummer: How about, let me give you a possible alternative. How
about two different areas?
Mayor Suarez: Or two.
Commissioner Plummer: Go from one, from 24th to 48th, and the other one, from
48th to 87th, or whatever you set as the thing.
Mayor Suarez: Or 62nd, then picking up whatever.
Commissioner Plummer: Whatever. I'm saying if it's a tremendously thing
that's unwieldy, and you can't deal with it, then cut it in half and have two
different organizations.
Mayor Suarez: Or 79th or whatever. OK. Anything further? - and then...
We're going to need some input here from Community Development at the next
meeting when, presumably,...
Vice Mayor Alonso: Yes.
Mayor Suarez: ... we'll hear the end of this discussion,...
Ms. Grigsby: Could I say something for one moment?
Mayor Suarez: ... but we're at least heading in a constructive direction
here. It's... By the way, I'm sorry to interrupt. Is the funding of Greater
Biscayne Boulevard Chamber of Commerce for the current CD (community
development year at stake here, still? We've not made that decision?
Mr. Castaneda: We are coming, as I mentioned, for social service as well as
economic development funding on June lath.
Mayor Suarez: OK. So it's at stake. We have withheld a determination on
that pending this resolution of this dispute.
373 May 14, 1992
Mr. Castaneda: Right.
Vice Mayor Alonso: And let me state for the record something that we will
have to be very clear when we go into that session is when you have a
neighborhood that comes and states on the record the things that they said, I
want you to know that some of the money given for affordable housing was taken
away from other areas, including Little Havana, an area that needs that very
badly.
Mayor Suarez: And wants it. No doubts about it.
Vice Mayor Alonso: And wants it. So we have to be clear that, that area that
has been given, they want it. Because if they don't, I think it should go
back to where it belonged in the first place.
Mayor Suarez: All right. I think we wrap it up, folks.
Ms. Grigsby: Could 1 say just a word, please?
Mayor Suarez: Just a word. OK. You've got one word, Jan.
Ms. Grigsby: Jan Grigsby, 725 N.E. 22nd Street. I am here only behalf of the
Northeast Task Force, which does extend from Omni up to 87th Street. I have
given you the consensus and the vote in a letter from the Task Force. I had
intended to read it in, and we're talking about the money. I understand. I
have nothing to do with the Chamber, nor does the Task Force, but we are
talking about the beautification money that you folks graciously gave us and
we're talking about the money for scattered site housing, and that is on the
west side. We do not want of the Boulevard at 62nd and 63rd. The consensus
of the Task Force is, we do not want to lose that money under...
Ms. Hainlin: Excuse me. Mayor.
Ms. Grigsby: ... any circumstances. We came... I'm talking.
Ms. Hainlin: Sure.
Ms. Grigsby: OK?
Ms. Hainlin: Go ahead. Go ahead. I want to counter.
Mayor Suarez: But you said one word,...
Ms. Hainlin: Yeah, I would like to say a word.
Mayor Suarez: ... and then you've gone a lot beyond one word, Jan.
Ms. Grigsby: I agree. I agree. But I just wanted to say that, on behalf of
the Task Force, we do not want this target area moved, and we thank you very
much.
Mayor Suarez: All right.
374 May 14, 1992
Ms. Hainlin: OK. May I say one thing, please? Please? One thing. I'm also
abusiness owner...
-
- Mayor Suarez: I'm about to let you do that.
s
Ms. Hainlin: Please. Thank you.
Mayor Suarez: Just like I let her say one word and it turned into about a
=-
_ hundred of them, but...
-
_
Ms. Hainlin: One quick word. Quick word.
1�
Mayor Suarez: Yes.
f
-` Ms. Hainlin: We feel in our neighborhoods that we are no longer represented
by the Northeast Task Force. There is maybe six to ten members left. None of
=i them from Bayside. There's a couple from... They no longer represent our
- interest, nor does the Chamber. I'm also a business owner in the area, and
-� they do not represent my interest.
-
-s
Mayor Suarez: All right. That...
_j
Ms. Hainlin: I was not even told about this meeting, if I had not known
through my own group.
—
-!
=� Mayor Suarez: We're certainly at issue...
- Ms. Hainlin: And I'm still a member.
- Mayor Suarez: We're certainly at issue here on representation.
- Ms. Hainlin: So I would like just to say that.
- Mayor Suarez: I'm not sure that we have that much discrepancy on the actual
expenditure of funds, folks. But we're certainly at issue as to who should be
representing the neighbors, and...
-
Ms. Hainlin: We are not represented at this moment.
Mayor Suarez: ... the Boulevard and, of course, there's one defitional
= problem, which is how much of the Boulevard should be in the target area, if
any,...
Vice Mayor Alonso: Mr. Mayor, do you...
Mayor Suarez: ... and I think that Commissioner Plummer's suggestion on that
may be very worthwhile considering, and maybe CD can help us a little bit by
defining some pockets of Biscayne Boulevard that are clearly target areas and
some that are clearly not. I'm sorry.
Vice Mayor Alonso: Mr. Mayor, do you remember...
Mayor Suarez: Vice Mayor.
375 May 14, 1992
Vice Mayor Alonso: Do you remember at the beginning of the '80's what
happened with the Miami Civic League and the northeast area? I'm afraid this
is going to happen again. The strength of that area was that you people were
able to fight for the different areas and you were very strong. Try to find
some compromise for the betterment of the area. I think what I am seeing here
is one group here, and one group there, and we have to be very careful that we
protect the northeast. Be very careful. I'm not saying one group is
right,...
Mayor Suarez: We're not arguing this today.
Vice Mayor Alonso: ... and the other group is wrong.
Mayor Suarez: The Commissioner is giving her views.
Vice Mayor Alonso: What I'm telling you is, be careful because what you have
been able to do up to this point has been beautiful. You have been very
actively involved in different areas, and it has worked for you. At least you
have been able to get the attention of the City Commission, and we are looking
to help you. Be sure that, don't cross lines to a degree that will divide
that community in a way that is going to be harmful. It's good to disagree,
and I think this way, you think the other way, but be sure you keep this in
the line of what is appropriate for the area. Be careful because you are
close of crossing that and it could be turned into something negative, and
that will be a shame.
Mayor Suarez: And when you overstate the issue, that's what happens. I've
got a letter that says precisely what the Commissioner said and I drafted it
today, because it worries me that I'm not seeing the dynamics of this leading
to something productive. I'm seeing it to antagonism that's not going to help
the northeast. Although any valid...
Vice Mayor Alonso: She's been trying for some while.
Mayor Suarez: We're going to be back on this apparently, because Dr. Lutton
requested it.
Vice Mayor Alonso: But she's been trying for such a long time.
Mayor Suarez: If you wanted to speak,...
Ms. Dominique Dubois: Why don't you let me talk here?
Mayor Suarez: ... I don't know why you didn't just get up, ma'am.
Ms. Dubois: I don't want to...
Mayor Suarez: Give us the name and address.
Ms. Dubois: I'm not too involved...
Mayor Suarez: Name and address.
Commissioner Dawkins: Pull the mike up. There you go.
376 May 14, 1992
Ms. Dubois: My name is Dominique Dubois, I've been a homeowner for sixteen
years on 70th Street. I just think the whole Boulevard should be beautiful.
There shouldn't be an east / west division. If there is a division, it should
be a lot farther behind the railroad. Because across from the Boulevard, from
where I live, it's Haitian, and it's pretty quiet and it's pretty well -kept
and it's pretty nice. I think this is the main Boulevard of Miami and it
should be beautiful for the tourists, for everybody without pockets, without
division, without target...
Mayor Suarez: We all agree on that. I don't know what would happen if you
took a vote of the west side of the Boulevard, the Haitian area. I don't what
they would say, whether they want it to be a target area or not. It would be
ar interesting question.
Vice Mayor Alonso: That's interesting.
Y._
Mayor Suarez: I bet you, though, that if you said we're going to make some
affordable housing projects because of being a target area, a lot of those
people would vote favorably on the west side of the Boulevard. It's my guess,
but anyhow...
Ms. Dubois: I think the problem is the Boulevard is broken. Now it's
terrible. Now it's terrible.
Mayor Suarez: That's...
Ms. Dubois: There is no continuity.
Mayor Suarez: What your side is arguing maybe is that we should define it
according to where the Boulevard is. Ultimately, we'd like the whole
Boulevard to be so nice...
Ms. Dubois: That's right.
Mayor Suarez: ... that we wouldn't have to declare it a target area.
Ms. Dubois: That's right. That's right.
377 May 14, 1992
76. AMEND RESOLUTION 92-218, RELATED TO 21ST ANNUAL BUDWEISER UNLIMITED
HYDROPLANE REGATTA, TO CORRECT SCRIVENER'S ERROR AND TO REFLECT CORRECT
SPONSOR'S NAME: UNLIMITED RACING COMMISSION.
Commissioner Plummer: I've got to correct a resolution, please.
Mayor Suarez: Go ahead, Commissioner. On emergency items of any sort, and I
know the City Attorney had one, too.
Commissioner Plummer: This is just to correct some wording. (AT THIS POINT,
READ RESOLUTION INTO THE PUBLIC RECORD) I so move.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Plummer: That's the third time I had to do it.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-336
A RESOLUTION AMENDING RESOLUTION NO. 92-218, ADOPTED
APRIL 2, 1992, RELATED TO THE 21ST ANNUAL MIAMI
BUDWEISER UNLIMITED HYDROPLANE REGATTA ("REGATTA"), TO
BE HELD AT MIAMI MARINE STADIUM IN JUNE, 1992; BY
CORRECTING A SCRIVENERS ERROR TO REFLECT THE CORRECT
SPONSOR'S NAME AS "UNLIMITED RACING COMMISSION" AND TO
PROPERLY PROVIDE THAT SAID METHOD OF REIMBURSEMENT TO
THE CITY FROM SAID SPONSOR SHALL BE DETERMINED FROM
GROSS REVENUES AS DEFINED IN THE AGREEMENT BETWEEN THE
PARTIES.
(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:
0Z:1
May 14, 1992
E
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.
77. DIRECT MANAGER TO ADVERTISE IN ALL CUBAN / HISPANIC TABLOIDS AUTHORIZED
BY THE CITY CONCERNING CUBAN INDEPENDENCE DAY CELEBRATION.
Mayor Suarez: Madam Vice Mayor, you had...
Commissioner De Yurre: Mr. Mayor, I'd like to move...
Mayor Suarez: Oh, yes, Commissioner.
Commissioner De Yurre: ... to direct the City Manager to go ahead and place
recognition advertising in our Cuban / Hispanic tabloids recognizing May 20th
as Cuban Independence Day. It's coming up. To select the newspapers that we
use normally to place an ad.
Mayor Suarez: Is that a motion, or is that a...
Commissioner De Yurre: It's a motion.
Mayor Suarez: ... suggestion, or is that something that you expect him to do
within his discretionary amount?
Commissioner De Yurre: Whatever it takes to get it done.
Commissioner Plummer: I'll second the motion.
Mayor Suarez: Do you have an amount in mind?
Vice Mayor Alonso: Matty.
Commissioner Plummer: Whatever we've done in the past.
A. Quinn Jones III, Esq.: Madam Clerk.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
Commissioner De Yurre: Call the roll.
379 May 14, 1992
1.1
1]
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 92-337
A MOTION DIRECTING THE CITY MANAGER TO PLACE
COMPLIMENTARY RECOGNITION ADVERTISING IN ALL
AUTHORIZED CUBAN-SPANISH TABLOIDS (THOSE TABLOIDS
LISTED IN R-89-154) IN CONNECTION WITH THE MAY 20,
1992 "CUBAN INDEPENDENCE DAY CELEBRATION."
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: Mayor Xavier L. Suarez
ABSENT: None.
Vice Mayor Alonso: Do you have the money?
------------------------------------------------------------------------------
78. (Continued Discussion) BRIEF COMMENTS CONCERNING ESTABLISHMENT OF A
UNIFORMED BIKE PATROL (See label 5).
------------------------------------------------------------------------------
Commissioner Dawkins: Where is that bicycle thing?
Commissioner Plummer: What bicycle?
Mr. Jones: Mayor.
Mayor Suarez: CA-4.
Ms. Matty Hirai: Mr. Manager, I was talking to the lady so I don't know what
you're talking about.
Commissioner Plummer: No, no. I've asked that be deferred. No, sir, don't
you come in here sneaking like that.
Commissioner Dawkins: He's the one that asked. Talk to him.
Commissioner Plummer: No, no, no.
breakdown, and I'm entitled to it.
Mayor Suarez: All right.
No "bandidos." I've asked for a
380
May 14, 1992
79. (A) ALLOCATE $10,000 TO RETAIN FORMER CHIEF JUSTICE OF FLORIDA
SUPREME COURT, ARTHUR ENGLAND, ESQ., TO PREPARE AN APPEAL ON THE
CITY'S BEHALF CONCERNING THE CITY OF MIAMI VS. BURNETT CASE.
(B) MAYOR SUAREZ INDICATES THAT CONSIDERATION OF B UNDARIES OF
= _
EDISON / LITTLE RIVER NEIGHBORHOOD WOULD BE CONSIDERED WITH
_=
OTHER CDBG ISSUES AT THE JUNE 11TH MEETING (See labels 61 b 75).
—
4
_------------------------------------------------------------------------------
j
A. Quinn Jones III, Esq.: Mr. Mayor._
Mayor Suarez: There's no other emergency matters. That being the case... Mr.
City Attorney had one. I'm sorry. Please.
Mr. Jones: Excuse me, Mr. Mayor, Commissioners.
Mayor Suarez: Yes, Mr. City Attorney.
Mr. Jones: As you are aware, on the pension offset case 1s the Burnett case,
- which dealt with the post-173 appeals. We need to file, which was a decision
that was adverse to us. If we are going to file an appeal, I need to file a=
notice by the 22nd and I need to get a directive from this Commission as to
whether you want to proceed with it. There's perhaps probably a less than
fifty percent chance that we can prevail. There's a lot of money...
_
= Mayor Suarez: But it's worth a try because of the implications of it. Is
that what you're saying?
_ Mr. Jones: Yes, and...
_ Mayor Suarez: And how much...
- Vice Mayor Alonso: What is the case? What is the case?
Mayor Suarez: That's the...
Mr. Jones: The pension offset, the Burnett case.
Mayor Suarez: Ms. Clark, please. We're almost finished.
Mr. Jones: The... What I'd like...
- Mayor Suarez: And you can have the Manager all to yourself....
Mr. Cesar Odio: No, no, no. Please.
_ Mayor Suarez: ... after that, for an unlimited amount of time beginning as
soon as we adjourn. Yes.
Commissioner Plummer: Is it not...
Mr. Jones: Excuse me. Excuse me.
381 May 14, 1992
-2
Commissioner Plummer: Is it not the policy of this Commission that the City
Attorney's office automatically files an appeal...
Mr. Jones: In every case?
Commissioner Plummer: ... unless otherwise instructed?
Mr. Jones: In every case, absolutely not.
Commissioner Plummer: Why not?
Mr. Jones: What we do, Commissioner, is that on each case, each case has to
be viewed on its merits. My recollection, Commissioner, is that...
Mayor Suarez: This is not even a normal appeal. You're talking about writ of
cert [sic] to the Supreme Court.
Mr. Jones: Yes.
Mayor Suarez: This is an extraordinary appeal.
Mr. Jones: This is a little different.
Mayor Suarez: Like, good luck.
Mr. Odio: This is the workman's comp case.
Mr. Jones: Yeah. There's a lot of money at stake, and all I can tell you is
that my office is going to be very much involved and former Justice England
would be serving as lead counsel. If we don't get past the jurisdictional
brief, then, of course,...
Mayor Suarez: How much is that going to cost?
Mr. Jones: I would ask for at least, perhaps, about ten thousand dollars.
Mayor Suarez: OK.
Mr. Jones: If we get past the jurisdictional brief...
Mayor Suarez: And you've worked with the attorney that was recommended to see
if he would lower his fees to something reasonable?
Mr. Jones: Yes.
Mayor Suarez: I meant to have called on that, and I never did. So if you
want me, I'll try to call tomorrow.
Mr. Jones: I'd appreciate it.
Mayor Suarez: That's Arthur England, is the person?
Mr. Jones: Yes, former Justice England.
382 May 14, 1992
Mayor Suarez: Former Supreme Court Chief Justice of the State of Florida.
Mr. Jones: That's correct. -
Mayor Suarez: Now in private practice with a great...`
Mr. Jones: I just need a directive from you.
Mayor Suarez: All right. I'll entertain a motion. We ought to try, folks,
if it's going to cost us ten thousand dollars and might get us out of a
liability of millions...
Commissioner Dawkins: So moved.
Mr. Jones: Six or seven million dollars.
Mayor Suarez: So moved by Commissioner Dawkins.
Commissioner Plummer: Second.
Mayor Suarez: Second. Call the roll.
Mr. Odio: Mr. Mayor, they are asking... When did you tell me...
Mayor Suarez: Wait, wait. Please. We've got to vote on this.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-338
A RESOLUTION AUTHORIZING THE ENGAGEMENT OF ARTHUR
ENGLAND, JR. OF THE LAW FIRM OF FINE JACOBSON SCHWARTZ
NASH BLOCK & ENGLAND TO SERVE AS CO -COUNSEL BEFORE THE
SUPREME COURT OF THE STATE OF FLORIDA IN CONNECTION
WITH THE CASE OF CITY OF MIAMI V. BURNETT, CASE NUMBER
79,925; ALLOCATING FUNDS THEREFOR FOR Sr`Tn SERVICES IN
AN AMOUNT NOT TO EXCEED $10,000.00 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:
383 May 14, 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.
Mr. Jones: Thank you.
Mayor Suarez: I would say June 11th with the rest of the CDBG (Community
Development Block Grant).
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: We've heard most of the argument today. It's just a matter of
making a decision. We may as well make it with all the other ones, Jennifer.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: Well, we're not supposed to have pockets, we're only supposed
to have emergencies. OK. We're otherwise adjourned, but that item will be
heard on June 11th. If you want it heard on May 28th, let me know. We can
always schedule it.
THERE BEING NO FURTHER BUSINESS TO CONE BEFORE THE CITY
COMMISSION, THE MEETING HAS ADJOURNED AT 8:37 P.M.
Xavier L. Suarez
MAYOR
Natty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
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384 May 14, 1992