HomeMy WebLinkAboutCC 1992-06-11 MinutesU.
INDEX
MINUTES OF REGULAR MEETING
JUNE 11, 1992
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL DISCUSSION 1-2
ITEMS. 6/11/92
(A) COMMENDATIONS (ANONYMOUSLY): ALL
UNDERCOVER POLICE OFFICERS FIGHTING
ILLEGAL DRUGS.
(B) COMMENDATIONS FOR BRAVERY AND
DISCIPLINE: LT. PETER SKUMANICH, SGT.
IVES FORTUNE, SGT. ARMANDO GUZMAN;
OFFICERS: OCTAVIO SANTIAGO, MARCOS
MUNOZ, ANGEL CALZAOILLA, ARTURO
BEGUIRISTAIN AND WILLIE JONES.
(C) RECOMMENDATION: LASHANDA WEST,
FIRST BLACK POINCIANA QUEEN.
2. (A)BRIEF COMMENTS AND WITHDRAWAL OF MR. DISCUSSION 2-4
BILLY HARDEMON'S REQUEST TO DISCUSS 6/11/92
BUSINESS FUNDING OF HARDEMON'S MARKET.
(B)REQUEST MANAGER TO DEMAND, FROM
TOOLS FOR CHANGE, A REPORT CONCERNING
SPECIFIC ACCOMPLISHMENTS / USE OF CITY
GRANT ($650,000).
3. CONSENT AGENDA. DISCUSSION 4-7
6/11/92
3.1 AUTHORIZE SPONSORSHIP OF YOUTH CRIME R 92-367 7
WATCH OF AMERICA PROGRAM -- ALLOCATE 6/11/92
$20,000 (Law Enforcement Trust Fund).
3.2 AUTHORIZE FUNDING OF THE CAREER R 92-368 7
CRIMINAL PROGRAM -- ALLOCATE $32,980 6/11/92
(Law Enforcement Trust Fund).
3.3 ACCEPT BID: BOWNE OF MIAMI, INC. -- R 92-369
FOR PRINTING / BINDING / SHIPPING 6/11/92
OFFICIAL STATEMENTS FOR BOND FINANCING
(Dept. of General Services
Administration & Solid Waste / Graphic
Reproductions).
3.4 ACCEPT BID: ALLIED UNIVERSAL R 92-370
CORPORATION -- FOR FURNISHING SWIMMING 6/11/92
POOL CHEMICALS (Parks & Recreation
Dept.).
3.5 ACCEPT BID: CHEM-TAINER INDUSTRIES -- R 92-371
FOR FURNISHING 600 HEAVY DUTY PLASTIC 6/11/92
BARRELS (General Services
Administration & Solid Waste Dept.).
3.6 ACCEPT PROPOSAL: KRONOS SYSTEMS, R 92-372
INC. -- FOR FURNISHING TWO AUTOMATED 6/11/92
TIME AND ATTENDANCE SYSTEMS (General
Services Administration & Solid Waste
Dept.).
3.7 AUTHORIZE LEASE OF VEHICLES FOR R 92-373
IMPLEMENTATION OF CITY'S SUMMER YOUTH 6/11/92
EMPLOYMENT AND TRAINING PROGRAM -- FROM
ROYAL RENT -A -CAR (Community Development
Dept.).
3.8 ACCEPT BID: P.O.G. HAY AND FEED -- FOR R 92-374
FURNISHING FEED AND SUPPLEMENTS FOR 6/11/92
POLICE HORSES.
3.9 ACCEPT BID: MOTOROLA, INC. -- FOR R 92-375
PURCHASE OF 1000 STX RADIO BATTERIES 6/11/92
(Police Dept.).
3.10 ACCEPT BID: N&G BEST LAWN, INC. -- FOR R 92-376
FURNISHING GROUNDS MAINTENANCE FOR NEW 6/11/92
SOUTHEAST OVERTOWN AND PARK WEST MALLS
(Development & Housing Conservation
Dept.) .
3.11 EXECUTE AMENDMENT TO AGREEMENT WITH R 92-377
BORRELLI AND ASSOCIATES ARCHITECTS 6/11/92
PLANNERS, PA, AS ARCHITECTURAL /
ENGINEERING CONSULTANTS ON FIRE GARAGE
/ FIRE STATION #3 MODIFICATION AND
EXPANSION PROJECT (Project 313019).
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2
10
10
11
11
12
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13
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3.12 ESTABLISH SPECIAL CHARGES / TERMS / R 92-378
CONDITIONS FOR USE OF BOBBY MADURO 6/11/92
MIAMI BASEBALL STADIUM BY SUCCESS
ENTERTAINMENT, INC. FOR A MUSICAL
CONCERT.
3.13 PROHIBIT DISCRIMINATION ON BASIS OF R 92-379
DISABILITY -- REAFFIRM COMMISSION'S 6/11/92
PREVIOUS POLICY STATEMENT CONCERNING
EQUAL ACCESS AND EMPLOYMENT
OPPORTUNITIES -- APPOINT CITY EMPLOYEE
TO IMPLEMENT AMERICANS WITH
DISABILITIES ACT OF 1990 (ADA) --
REAFFIRM ADOPTION OF SECTION XI
(COMPLAINT PROCESS OF AFFIRMATIVE
ACTION PLAN) AS GRIEVANCE PROCEDURE
WHEN FILING COMPLAINT
3.14 ACCEPT DONATION ($29,832) FROM THE R 92-380
ELEVENTH JUDICIAL CIRCUIT COURT -- TO 6/11/92
ACQUIRE COMPUTER HARDWARE / SOFTWARE
("INTERFACE") TO CONTINUE TO ALLOW
CITY'S MAINFRAME COMPUTERS TO ACCESS
POLICE INFORMATION FROM METROPOLITAN
DADE COUNTY'S COMPUTER SYSTEM --
EXECUTE AGREEMENT.
3.15 EXECUTE AGREEMENT WITH MANUEL J. R 92-381
GONZALEZ (CONSULTANT) -- TO PERFORM THE 6/11/92
SERVICES OF MARKETING COORDINATOR --
ALLOCATE FUNDS (International Trade
Board).
4. DISCUSS AND TABLE CONSIDERATION OF DISCUSSION
PROPOSED RESOLUTION AUTHORIZING 6/11/92
PURCHASE OF A TRAINED BELGIUM MANUIOS
POLICE DOG.
5. COMMENTS BY COMMISSIONER PLUMMER ON DISCUSSION
ARTICLE IN "MIAMI TODAY" CONCERNING THE 6/11/92
CITY'S ANTICIPATED BUDGET DEFICIT.
6. DISCUSS AND TEMPORARILY TABLE DISCUSSION
CONSIDERATION OF PROPOSED RESOLUTION 6/11/92
CONCERNING PURCHASE OF DECISION
SUPPORT'S EZSPEC/DARGAL ADHOC REPORTING
SOFTWARE PERPETUAL LICENSE FROM
SOFTWARE CLEARING HOUSE (See label 39).
12
13
13
14
14-17
18-19
19-27
11
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7. EXECUTE AGREEMENT WITH SANDRA W. JOICE R 92-382
(CONSULTANT) -- TO INTERNATIONAOR L ECONOMIST (International
VICES OF 6/11192
rnational
Trade Board).
8. PRESENTATION OF PLAQUE BY CAROL CITY DISCUSSION
HIGH SCHOOL COACH, PAUL E. MOORE, TO 6111/92
THE CITY -- COACH MOORE PRESENTS PLAQUE
TO COMMISSIONER DAWKINS.
9. DISCUSS AND REFER TO MANAGER FUNDING DISCUSSION
REQUEST BY OPERATION POTENTIAL IN ORDER 6/11/92
TO PRESENT A POSITIVE IMAGE OF THE
POLICE DEPARTMENT (OPERATION
POTENTIAL).
10. (A) GRANT REQUEST BY DADE COUNTY SICKLE R 92-383
CELL FOUNDATION FOR CLOSURE OF R 92-383.1
DESIGNATED STREETS CONCERNING ITS 6/11/92
TWELFTH ANNUAL WALK.
(B) GRANT REQUEST BY MIAMI DADE
COMMUNITY COLLEGE NEW WORLD SCHOOL OF
THE ARTS FOR CLOSURE OF DESIGNATED
STREETS CONCERNING ITS GRADUATION
PROCESSION.
11. CLASSIFY TWO SURPLUS POLICE PATROL CARS R 92-384
AS CATEGORY "B" -- AUTHORIZE MANAGER TO 6/11/92
SELL THEM TO THE POLICIA NACIONAL DE LA
REPUBLICA DOMINICANA OF SANTO DOMINGO,
DOMINICAN REPUBLIC (SISTER CITY).
12. APPROVE SELECTION BY DOWNTOWN R 92-385
DEVELOPMENT AUTHORITY (DDA) OF VILA & 6/11/92
SON (LOW BIDDER) TO UNDERTAKE LANDSCAPE
/ STREETSCAPE IMPROVEMENTS ALONG
ENTRANCE AND EXIT RAMPS FROM I-95 AT
S.W. 8TH STREET, FROM STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION HIGHWAY
BEAUTIFICATION COUNCIL GRANTS.
13. DISCUSS AND TEMPORARILY TABLE DISCUSSION
CONSIDERATION OF JUDGEMENT AGAINST THE 6/11/92
CITY FOR $17,500 CONCERNING A
CONFISCATED BOAT (See label 35).
27-30
30-31
31-32
32-34
34-35
35-38
38-40
14. SECOND READING ORDINANCE: AMEND 10912
(WHICH ESTABLISHED INITIAL RESOURCES /
APPROPRIATIONS FOR SPECIAL REVENUE
FUND; ASSET TRACKING) -- PROVIDE FOR
INCREASE OF $34,500 AS A RESULT OF
SUCCESSFUL APPLICATION FOR ADDITIONAL
GRANT FUNDS -- ACCEPT GRANT FROM U.S.
DEPARTMENT OF JUSTICE.
15. SECOND READING ORDINANCE: AMEND 10913
(WHICH ESTABLISHED INITIAL RESOURCES /
APPROPRIATIONS FOR SPECIAL REVENUE
FUND: GEOGRAPHIC TARGETING PROGRAM) --
PROVIDE FOR INCREASE OF $65,000 AS A
RESULT OF SUCCESSFUL APPLICATION FOR
ADDITIONAL GRANT FUNDS -- ACCEPT GRANT
FROM U.S. DEPARTMENT OF JUSTICE.
16. SECOND READING ORDINANCE: REPEAL
10948 -- AMEND CODE ARTICLE II
(BURGLARY AND ROBBERY ALARMS) OF
CHAPTER 3.5 (ALARM SYSTEMS), BY
DELINEATING THE QUALIFICATIONS OF
BURGLAR ALARM SPECIALTY ELECTRICAL
CONTRACTORS AND SETTING FORTH
PROVISIONS DEALING WITH FALSE ALARMS,
etc. -- AMEND SECTIONS 3.5-22, 3.5-23
AND 3.5-29.
17. SECOND 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 -- EXECUTE
NECESSARY AGREEMENTS WITH DADE COUNTY.
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ORDINANCE
10986
6/11/92
ORDINANCE
10987
6/11/92
ORDINANCE
10988
6/11/92
ORDINANCE
10989
6/11/92
41-42
42-43
43-50
51
E.]
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18. (A) SECOND READING ORDINANCE: AMEND ORDINANCE
CODE CHAPTER 45.5 (PUBLIC NUISANCE), 10990
WHICH PROVIDED FOR CREATION OF A DISCUSSION
NUISANCE ABATEMENT BOARD -- DECREASE 6/11/92
TIME FRAME FOR NUISANCE COMPLAINTS --
ESTABLISH ALTERNATIVE REQUIREMENT TO
SUPPORT FINDINGS OF PUBLIC NUISANCE IN
LIEU OF A CERTIFIED CONVICTION -- ADD
REGULATIONS FOR YOUTH GANG -RELATED
NUISANCE ACTIVITIES -- CHANGE BOARD
REQUIREMENTS TO INCLUDE RESIDENCY OR
BUSINESS OFFICE WITHIN THE CITY LIMITS,
ETC.
(B) COMMISSION CONGRATULATES CODE
ENFORCEMENT BOARD ON TIMELY REMOVAL OF
POLITICAL SIGNS.
19. REQUEST MANAGER TO PRESENT A M 92-386
RECOMMENDATION CONCERNING BEST POSSIBLE M 92-387
USE FOR CITY -OWNED PROPERTY PRESENTLY M 92-388
OCCUPIED BY THE CUBAN MUSEUM OF ART AND 6/11/92
CULTURE.
20. SECOND READING ORDINANCE: AMEND CODE ORDINANCE
CHAPTER 31, ARTICLE II (SCHEDULE OF 10991
OCCUPATIONAL LICENSE TAXES), BY 6/11/92
CLARIFYING DEFINITION OF EXHIBITORS
CLASSIFICATION AND PROVIDING FOR LOWER
TAX WHEN AN EVENT IS HELD IN A CITY -
OWNED FACILITY.
21. SET ASIDE $750,000 FROM 18TH YEAR CDBG R 92-389
FUNDS FOR ECONOMIC DEVELOPMENT 6/11/92
GROUPS -- REQUEST GROUPS TO APPEAR
BEFORE COMMISSION TO JUSTIFY THEIR
REQUESTS FOR FUNDING.
22. AUTHORIZE MANAGER TO ENTER INTO R 92-390
CONTRACT WITH MIAMI CAPITAL 6/11/92
DEVELOPMENT, INC. (MCDI) -- TO PROVIDE:
(a) $875,000 TO MCDI'S EXISTING
REVOLVING LOAN FUND (RLF); (b)
$125,000 FOR MCDI'S ECONOMIC
DEVELOPMENT ADMINISTRATION (EDA)
RECAPITALIZATION MATCHING GRANT; AND
(c) $250,000 FOR MCDI'S ADMINISTRATIVE
OPERATIONS.
52-62
62-69
70-89
89-106
3
23.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION
107-116 s
CONSIDERATION OF PROPOSED RESOLUTION
6/11/92
APPOINTING INDIVIDUALS TO SERVE AS
MEMBERS OF THE COMMISSION ON THE STATUS
OF WOMEN (See label 31).
24.
ALLOCATE $450,000 OF 18TH YEAR
R 92-391
117-122
COMMUNITY DEVELOPMENT BLOCK GRANT
6/11/92
(CDBG) FUNDS (PREVIOUSLY APPROPRIATED
BY ORDINANCE 10955) AS FOLLOWS: (a)
$55,000 TO JEWISH FAMILY SERVICES,
INC., FOR CITYWIDE SENIOR CRIME WATCH
PROGRAM; (b) $80,000 TO TRI CITY
COMMUNITY ASSOCIATION, INC., FOR HOME
IMPROVEMENT PROGRAM; (c) $65,000 TO
_
GREATER MIAMI YOUTH SERVICES CORPS,
-
INC., FOR PUBLIC IMPROVEMENT PROGRAM;
(d) $250,000 TO BLACK ARCHIVES HISTORY
-_
AND RESEARCH FOUNDATION OF SOUTH
FLORIDA, INC., FOR LYRIC THEATRE
REHABILITATION.
25.
BRIEF DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
123 -
OF PROPOSED RESOLUTION ALLOCATING
6/11/92
$1,778,855 OF 18TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
=
(APPROPRIATED BY ORDINANCE 10955) TO
PREVIOUSLY NAMED SOCIAL SERVICES
AGENCIES FOR APPROVED SOCIAL SERVICE
PROJECTS (See labels 28, 29 & 65).
25.
DISCUSS AND TEMPORARILY TABLE PROPOSED
DISCUSSION
123-143
RESOLUTION APPROVING FINDINGS OF THE
6/11/92
MIAMI CONVENTION CENTER SELECTION
COMMITTEE AS TO MOST QUALIFIED
-_
MANAGEMENT COMPANY FOR MANAGEMENT /
OPERATION / MAINTENANCE FOR THE
CONVENTION CENTER (See label 32).
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27. ALLOCATE $270,812 OF 18TH YEAR CDBG
FUNDS (PREVIOUSLY APPROPRIATED BY
ORDINANCE 10955) AS FOLLOWS: (a)
$45,812 TO CCS INC. / LITTLE HAVANA
CHILD CARE CENTER, TO IMPLEMENT
LEASEHOLD IMPROVEMENTS AT THE CHILD
CARE FACILITY; (b) $75,000 TO ONE ART,
INC., TO ACQUIRE / RENOVATE A FACILITY
IN THE MIAMI DESIGN DISTRICT INTO A
COMMUNITY PERFORMING ARTS CENTER; (c)
$125,000 TO THE COCONUT GROVE FAMILY
HEALTH CENTER, INC., FOR RENOVATIONS AT
VIRRICK PARK FACILITY AND ACQUISITION
OF ADDITIONAL SPACE TO EXPAND HEALTH
CARE SERVICES; AND (d) $25,000 TO
GREATER MIAMI YOUTH SERVICE CORPS,
INC., FOR PHYSICAL IMPROVEMENT OF THE
AGENCY'S NEW FACILITY AT BECKHAM HALL.
28. DISCUSS CONCERNS RELATING TO THE CITY -
FUNDED DE HOSTOS SENIOR CENTER,
PRESENTLY OPERATED BY HOLY CROSS DAY
CARE CNTER, INC.:
(A) GRANT 1/12TH FUNDING OUT OF THE
TOTAL ANNUAL ALLOCATION EARMARKED FOR
HOLY CROSS DAY CARE CENTER, INC. FOR
MANAGEMENT OF THE DE HOSTOS CHILD CARE
CENTER -- ALTERNATE SITE FOR RELOCATION
OF THE CENTER TO BE FOUND PRIOR TO JULY
1ST (LEASE EXPIRATION DATE) -- CITY
MANAGER TO REPORT BACK ON JULY 9TH.
(B) INSTRUCT ADMINISTRATION TO OPERATE
THE DE HOSTOS SENIOR CENTER UNTIL JULY
9TH TO FACILITATE HOLDING OF AN
ELECTION AMONGST REGISTERED RECIPIENTS
OF SERVICES AT THE CENTER TO SELECT THE
GROUP WHICH WILL MANAGE THE CENTER (See
labels 29 & 65).
29. ALLOCATE TOTAL 18TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
(APPROPRIATED BY ORDINANCE 10955) TO
PREVIOUSLY NAMED SOCIAL SERVICE
AGENCIES FOR APPROVED SOCIAL SERVICE
PROJECTS, EXCLUDING ALLOCATION
PREVIOUSLY EARMARKED FOR THE HOLY CROSS
DAY CARE CENTER, INC. (See labels 28 &
65).
R 92-392
6/11/92
DISCUSSION
R 92-393
M 92 394
6/11/92
143-149
150-207
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30.
DISCUSS AND CONTINUE (TO JULY 9TH
M 92-395 207-216
MEETING) CONSIDERATION OF PROPOSED
6/11/92
RESOLUTION AUTHORIZING SUBMITTAL OF
AMENDMENT TO APPROVED 18TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM FINAL STATEMENT TO U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) TO REFLECT
REALLOCATION OF FUNDS ORIGINALLY
APPROVED TO MIAMI-DADE COMMUNITY
COLLEGE, ETC.
31.
(Continued Discussion) APPOINT
R 92-396 216-218
INDIVIDUALS TO SERVE AS MEMBERS OF THE
6/11/92
COMMISSION ON THE STATUS OF WOMEN
(Appointed were: Regina Berman, Sharon
Bock, Katrina Daniel, Susan Guller,
Racheal Isan, Deborah Menefee, Pauline
Ramos, Pola Reydburd, Denise Rivers,
Rosario Roman, Mariam Schofield,
Eugenia Tynes and Danielle Webb) (See
label 23).
32.
(Continued Discussion) ACCEPT THE
R 92-397 218-230
MIAMI CONVENTION CENTER SELECTION
6/11/92
COMMITTEE'S RECOMMENDATION AS TO MOST
QUALIFIED MANAGEMENT COMPANY FOR
MANAGEMENT / OPERATION / MAINTENANCE
FOR THE MIAMI CONVENTION CENTER --
DIRECT ADMINISTRATION TO INSERT
PROTECTIVE LANGUAGE IN CONTRACT TO
GUARD AGAINST POSSIBLE CONFLICTS OF
INTEREST CONCERNING SCHEDULING OF
EVENTS [Note: Selected was: Leisure
Management International.] (See label
26.) .
33.
GRANT REQUEST BY REPRESENTATIVES OF
M 92-398 230-233
McDONALD PACE BLACK MUSIC MONTH
6/11/92
AWARENESS FOR USER FEE WAIVER AT
BAYFRONT PARK AMPHITHEATER.
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34.
DISCUSSION CONCERNING COMMISSIONER
DISCUSSION 233-237
DAWKINS'S REQUEST FOR DIRECTION FROM
6/11/92
THE COMMISSION CONCERNING THE CITY'S
POSITION IN CONNECTION WITH ONGOING
EFFORTS BY STATE LEGISLATORS TO
REVITALIZE THE PROPOSED 2% SALES TAX.
35.
(Continued Discussion) DELEGATE TO CITY
R 92-399 237-245
ATTORNEY AND CITY MANAGER THE POWER TO
6/11/92
DECIDE WHETHER TO PAY OR TO APPEAL
RECENT JUDGEMENT AGAINST THE CITY FOR
$17,500 CONCERNING A BOAT CONFISCATED
BY THE CITY (See label 13).
36.
GRANT REQUEST BY LITTLE HAVANA
R 92-400 246-248
DEVELOPMENT AUTHORITY FOR CLOSURE OF
6/11/92
DESIGNATED STREETS CONCERNING A
FATHER'S DAY CELEBRATION AT DOMINO
PARK.
37.
(A) DISCUSS AND DEFER (TO NEXT MEETING)
DISCUSSION 248-251
CONSIDERATION OF REPORT ASSESSING COSTS
6/11/92
AND BENEFITS ASSOCIATED WITH A CITY -
OPERATED 100% CURBSIDE RECYCLING
PROGRAM AS COMPARED TO A PRIVATE
CONTRACTOR OPERATION.
(8) BRIEF COMMENTS CONCERNING REQUEST
BY JACK RICE TO CONTINUE A PLANNING AND
ZONING ITEM.
38. DISCUSSION CONCERNING BOUNDARIES / DISCUSSION
FUNDING OF THE EDISON / LITTLE RIVER 6/11/92
NEIGBORHOOD.
39. (A) (Continued Discussion) RECONSIDER
PRIOR VOTE (WHICH HAD FAILED TO PASS
CA-4) CONCERNING PROPOSED RESOLUTION
AUTHORIZING PURCHASE OF DECISION
SUPPORT'S EZSPEC/DARGAL ADHOC REPORTING
SOFTWARE PERPETUAL LICENSE (See label
6).
(B) AUTHORIZE PURCHASE OF DECISION
SUPPORT'S EZSPEC/DARGAL ADHOC REPORTING
SOFTWARE PERPETUAL LICENSE, PLUS
MAINTENANCE AND REFERENCE MANUALS FROM:
SOFTWARE CLEARING HOUSE.
40. (A) APPOINT INDIVIDUALS TO SELECTION
COMMITTEE CONCERNING RFP SEEKING
FINANCIAL ADVISORY SERVICES.
(Appointed were: Linda Wolf, Jorge
Luis Hernandez and Manuel Alonso-Poch.)
(B) AUTHORIZE MANAGER TO ADVERTISE /
DISTRIBUTE REQUEST FOR PROPOSALS (RFP)
FOR FINANCIAL ADVISORY SERVICES.
M 92-401
R 92-402
6/11/92
M 92-403
R 92-404
6/11/92
251-267
267-271
272-275
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41.
DISCUSS AND DEFER (TO JULY 9TH MEETING)
DISCUSSION 276-279
CONSIDERATION OF PROPOSED RESOLUTION
6/11/92
DIRECTING CITY ATTORNEY TO PREPARE A
CHARTER AMENDMENT TO CHANGE STATUS OF
DEPARTMENT OF OFF-STREET PARKING FROM
THAT OF A SEMI -AUTONOMOUS AGENCY TO
THAT OF A DEPARTMENT OF THE CITY.
42.
(A) DIRECT CITY ATTORNEY TO DRAFT A
R 92-405 279-286
CITY CHARTER AMENDMENT PROVIDING THAT A
6/11192
CITY COMMISSIONER, SERVING EX OFFICIO
ON THE OFF-STREET PARKING BOARD, BECOME
A MEMBER AND CHAIRPERSON OF SAID BOARD
WITH THE RIGHT TO VOTE.
(B) COMMISSIONER PLUMMER INSTRUCTS
CITY ATTORNEY TO PREPARE LEGISLATION
PROVIDING THAT ANY MEMBER OF THE
COMMISSION SITTING ON THE BAYFRONT PARK
MANAGEMENT TRUST SHALL SERVE IN THE
CAPACITY OF CHAIRMAN.
43.
REALLOCATE $100,000 IN 17TH YEAR
R 92-406 286-288
COMMUNITY DEVELOPMENT BLOCK GRANT
6/11/92
(CDBG) FUNDS FROM CDBG PROJECT:
CITYWIDE MULTIFAMILY REHABILITATION
HOUSING PROJECT -- TO PROVIDE A GRANT
TO ST. JOHN COMMUNITY DEVELOPMENT
CORPORATION FOR PROVISION OF SAFETY /
SECURITY IMPROVEMENTS AT THE ST. JOHN
RENTAL APARTMENT PROJECT (OVERTOWN
NEIGHBORHOOD) -- SUBMIT AMENDMENT TO
APPROVED 17TH YEAR CDBG PROGRAM FINAL
STATEMENT TO U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD).
44.
AMEND RESOLUTION 86-665 -- ALLOCATE
R 92-407 288-291
ADDITIONAL $246,500 FROM LAW
6/11/92
ENFORCEMENT TRUST FUND TO CONTINUE
ACTIVITIES OF FORFEITURE FUND DETAIL.
45.
AUTHORIZE ESTABLISHMENT OF UNIFORMED
R 92-408 291-292
BIKE PATROL -- ALLOCATE $11,000 (Law
6/11/92
Enforcement Trust Fund)
46.
ACCEPT BID: MIRI CONSTRUCTION, INC. --
R 92-409 293
FOR OVERTOWN STORM SEWER RETROFITTING -
6/11/92
PHASE III B-5586 (CIP 352276).
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47.
ACCEPT BID: HOFFEN CORPORATION (TOTAL
R 92-410
294
BID) -- FOR N.W. 15TH AVENUE PAVING
6/11/92
PROJECT B-4548 (CIP 341175).
48.
EXECUTE AGREEMENT WITH BURLE MARX AND
R 92-411
295-296
CIA, LTDA -- TO MODIFY, COORDINATE AND
6111/92
EXTEND ORIGINAL BISCAYNE BOULEVARD NEW
WORLD DESIGN (CONSTRUCTION PLANS BEING
PREPARED BY THE CITY UNDER AGREEMENT
WITH STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE BISCAYNE
BOULEVARD PRELIMINARY ENGINEERING
HIGHWAY DEMONSTRATION PROJECT - CIP
341172).
49.
APPROVE COST SHARING AGREEMENT WITH
R 92-412
296-298
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
6/11/92
FOR RETROFITTING STORMWATER BASINS 24B
AND 44 (LOCATED WITHIN ALLAPATTAH AND
LITTLE HAVANA) -- EXECUTE AGREEMENT --
ALLOCATE FUNDS (Stormwater Utility
Trust Funds).
50.
APPROVE ADMINISTRATIVE POLICY
R 92-413
298-301
ESTABLISHING GUIDELINES / OPERATIONAL
6/11/92
PROCEDURES FOR CITY'S MUNICIPAL ACCESS
TELEVISION CHANNEL, DESIGNATED AS:
MIAMI NET 9 (CHANNEL 9), ON THE MIAMI
TCI SUBSCRIBER CABLE TELEVISION SYSTEM.
51.
DISCUSSION CONCERNING PROPOSED
DISCUSSION
301-310
ESTABLISHMENT OF HURRICANE MOORING
6/11/92
SYSTEM AT MARINE STADIUM -- REFERRED TO
ADMINISTRATION.
52.
DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION
310-314
PROPOSED RESOLUTION AUTHORIZING
6/11/92
INCREASE IN CONTRACT AMOUNT ($25,000)
WITH URBAN CONSTRUCTORS, INC. FOR THE
CURTIS PARK REDEVELOPMENT - FIELDWORK
PROJECT (SECOND BIDDING) B-2983-H (CIP
331353)
53.
CONFIRM ASSESSMENT ROLL FOR
R 92-414
314-315
CONSTRUCTION OF EAST LITTLE HAVANA
6/11/92
HIGHWAY IMPROVEMENT - PHASE II (H-
4528).
54.
CONFIRM ASSESSMENT ROLL FOR
R 92-415
315-316
CONSTRUCTION OF DOWNTOWN HIGHWAY
6/11/92
IMPROVEMENT (H-4498).
55. (A) DIRECT ADMINISTRATION TO SET ASIDE
DISCUSSION
MORNING OF JULY 16TH MEETING FOR
6/11/92
DISCUSSION CONCERNING CITY'S PROPOSED
BUDGET.
(8) COMMENTS BY COMMISSIONER PLUMMER ON
COCONUT GROVE'S EFFORTS TO SECEDE.
(C) COMMISSIONER PLUMMER STRONGLY
CRITICIZES ADMINISTRATION FOR NOT
PRIORITIZING EFFORTS TO COMBAT CRIME.
56. DISCUSS AND TEMPORARILY TABLE
DISCUSSION
CONSIDERATION OF PROPOSED RESOLUTION
6/11/92
DIRECTING MANAGER TO ALLOCATE $35,000
IN 14TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM FUNDS FROM:
CITYWIDE MULTIFAMILY HOUSING PROJECT --
TO PROVIDE GRANT TO THE WYNWOOD
COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION FOR ACQUISITION OF 37
PRIVATELY -OWNED RENTAL HOUSING UNITS IN
WYNWOOD COMMUNITY DEVELOPMENT TARGET
AREA (See label 60).
57. GRANT REQUEST BY DIABETES RESEARCH
R 92-416
INSTITUTE FOUNDATION FOR WAIVER OF
6/11/92
DOCKAGE FEES AT MIAMARINA IN CONNECTION
WITH ITS CATCH A CURE FISHING
TOURNAMENT.
58. GRANT REQUEST BY REPRESENTATIVES OF R 92-417
MIAMI LOVING MIAMI, INC. FOR PARTIAL 6/11/92
USE OF DESIGNATED STREETS CONCERNING
ITS SECOND ANNUAL UNITY BIKE-A-THON.
59. PERSONAL APPEARANCE: MANUEL GONZALEZ- DISCUSSION
GOENAGA, DENOUNCING POLICE DEPARTMENT 6/11/92
IN CONNECTION WITH MISSING PERSONAL
PAPERS (See label 62).
60. (Continued Discussion) ALLOCATE $35,000 R 92-418
IN 14TH YEAR COMMUNITY DEVELOPMENT 6/11/92
BLOCK GRANT (CDBG) PROGRAM FUNDS FROM:
CITYWIDE MULTIFAMILY HOUSING PROJECT --
TO PROVIDE GRANT TO THE WYNWOOD
COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION FOR ACQUISITION OF 37
PRIVATELY -OWNED RENTAL HOUSING UNITS IN
WYNWOOD COMMUNITY DEVELOPMENT TARGET
AREA (See label 56).
316-335
335-337
337-338
339-342
343-344
344-346
61.
REQUEST BY THE COMMISSION FOR THE
DISCUSSION
346-350
QUINCENTENNIAL COMMEMORATIVE MONUMENT
6/11/92
FOR PLACEMENT OF A CITY -OWNED STATUE OF
PONCE DE LEON IN A MORNINGSIDE PARK --
DECISION TABLED.
62.
(Continued Discussion) FURTHER COMMENTS
DISCUSSION
351-354
BY MANUEL GONZALEZ-GOENAGA CONCERNING
6/11/92
MISSING PERSONAL PAPERS (See label 59).
-
63.
GRANT REQUEST BY CARLOS BATISTA FOR
R 92-419
354-356
CLOSURE OF DESIGNATED STREETS
6/11/92
=
CONCERNING BLOCK PARTY IN DOWNTOWN
-
MIAMI CELEBRATING NEW DOWNTOWN LATIN
STATION RESTAURANT.
64.
PERSONAL APPEARANCE BY ROBERTO GODOY,
DISCUSSION
357-358
EXECUTIVE DIRECTOR OF MODEL HOUSING
6/11/92
COOPERATIVE, INC. TO REQUEST A GRANT TO
CONVERT TENANTS OF BUILDINGS AT 1118-
1126 N.W. 5TH STREET INTO COOPERATIVE
OWNERS -- NO ACTION TAKEN.
64.1
BRIEF COMMENTS CONCERNING REQUEST BY
DISCUSSION
359
AFRO-AMERICAN COUNCIL OF CHRISTIAN
6/11/92
CLERGY, INC. THAT CITY ADD PARTICIPANTS
TO SUMMER YOUTH PROGRAM.
-
65.
Continued Discussion) ALLOCATE
R 92-420
359-363 =
il,778,855 OF 18TH YEAR COMMUNITY
6/11/92
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
(PREVIOUSLY APPROPRIATED BY ORDINANCE
-
10955) TO PREVIOUSLY NAMED SOCIAL
SERVICES AGENCIES FOR APPROVED SOCIAL
SERVICE PROJECTS, AS AMENDED (See
labels 25, 28 & 29).
-
66.
ACCEPT, IN PRINCIPLE, LANDSCAPE
R 92-421
364-365 -
BEAUTIFICATION PLAN FOR BISCAYNE
6/11/92
BOULEVARD AS LANDSCAPE GUIDELINES FOR
BISCAYNE BOULEVARD FROM 48TH STREET TO
87TH STREET.
-
67.
DENY APPEAL -- AFFIRM ZONING BOARD'S
R 92-422
365-383
DECISION TO RESTRICT HOURS OF
6/11/92
OPERATION -- REQUIRE CONSTRUCTION OF A
WALL, TO BE MAINTAINED BY OWNER, AT
-
3365 S.W. 37TH AVENUE (Owner /
-
Appellant: Yousef Sulieman).
-
68. DENY APPEAL -- UPHOLD ZONING BOARD'S R 92-423 383-397
GRANTING OF TEMPORARY VARIANCE, WAIVING 6/11/92
REQUIRED OFF-STREET PARKING SPACES FOR
EXISTING COMMERCIAL BUSINESS AT 2638
S.W. 28TH LANE (Owner / Applicant:
Janyce Robins & Robert Granoff).
69. COMMISSIONER PLUMMER AND VICE MAYOR DISCUSSION 398-399
ALONSO REQUEST COPIES OF VIDEOTAPES OF 6/11/92
COMMISSION MEETINGS.
70. DISCUSSION CONCERNING PROPOSED DISCUSSION 399-413
RECONSIDERATION OF AMENDMENT TO 6/11/92
ORDINANCE 11000 (ARTICLE 21,
ADMINISTRATION, ENFORCEMENT, VIOLATIONS
AND PENALTIES - SECTION 2105) TO REVISE
TEXT TO EXTEND TIME LIMITS FOR
OBTAINING BUILDING PERMITS AND
CERTIFICATES OF USE AND OCCUPANCY
PURSUANT TO ORDS. 9500 AND 11000 -- NO
ACTION TAKEN.
71. FIRST READING ORDINANCE: AMEND 11000, ORDINANCE 414-415
ARTICLE 9 (GENERAL AND SUPPLEMENTARY FIRST READING
REGULATIONS), SECTION 926.16 6/11/92
(LIMITATIONS ON ONSITE SIGNS ABOVE 50
FEET ABOVE GRADE) -- ALLOW MAXIMUM OF
FOUR SIGNS FOR A SINGLE MAJOR TENANT --
DEFINE MAJOR TENANT (Applicant:
Planning, Building and Zoning Dept.).
72. CONTINUE ITEMS PZ-4 & PZ-6 TO JULY 16TH M 92-424 416-417
PLANNING AND ZONING MEETING. 6/11/92
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the lath day of June, 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 9:09 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
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) COMMENDATIONS (ANONYMOUSLY): ALL UNDERCOVER POLICE OFFICERS
FIGHTING ILLEGAL DRUGS.
(B) COMMENDATIONS FOR BRAVERY AND DISCIPLINE: LT. PETER SKUMANICH,
SGT. IVES FORTUNE, SGT. ARMANDO GUZMAN; OFFICERS: OCTAVIO
SANTIAGO, MARCOS MUNOZ, ANGEL CALZADILLA, ARTURO BEGUIRISTAIN AND
WILLIE JONES.
(C) RECOMMENDATION: LASHANDA WEST, FIRST BLACK POINCIANA QUEEN.
------------------------------------------------------------------------------
(A) Commendation presented to all undercover police officers fighting illegal
drugs. Although officers cannot be identified for security reasons, they
are anonymously recognized and commended.
(B) Commendations presented to Lt. Peter Skumanich; Sgt. Ives Fortune; Sgt.
Armando Guzman and officers: Octavio Santiago; Marcos Munoz; Angel
Calzadilla; Arturo Beguiristain and Willie Jones for their bravery and
sense of discipline displayed in the line of duty during a hostage
situation amidst hostile fire.
1 June 11, 1992
v
11
(C) Commendation presented to LaShanda West, first black Poinciana Queen in
the Poinciana Festival History.
----------------------------------------------------------
NOTE FOR THE RECORD: On a motion duly made by
Commissioner Dawkins and seconded by Vice Mayor Alonso,
the minutes of Commission meetings of February 18, March
12 & 26, and April 2, 1992, were approved by the
Commission.
----------------------------------------------------------
----------------------------------------------------------
NOTE FOR THE RECORD: At this point, Commissioner De Yurre
informed the ommission that he would be absent from the
meeting from 2:00-4:00 p.m., and Commissioner Dawkins
informed the Commission that he would have to leave the
meeting at 6:00 p.m.
----------------------------------------------------------
------------------------------------------------------------------------------
2. (A) BRIEF COMMENTS AND WITHDRAWAL OF MR. BILLY HARDEMON'S REQUEST TO
DISCUSS BUSINESS FUNDING OF HARDEMON'S MARKET.
(B) REQUEST MANAGER TO DEMAND, FROM TOOLS FOR CHANGE, A REPORT
CONCERNING SPECIFIC ACCOMPLISHMENTS I USE OF CITY GRANT
($650,000).
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor,...
Mayor Suarez: Yes.
Commissioner Plummer: ... I have given to the Manager, in reference to item
37 on Mr. Billy Hardemon, I think all of us received, I think, an anonymous
letter which I normally do not read, but I have asked the Manager to please
look into it which are some very damaging statements made in reference to that
request. So I'm just putting on record that I've asked him to look into it,
be able to speak to the issue when it comes up this afternoon.
City Manager Odio: Well, if I may...
Vice Mayor Alonso: Yeah, even though a letter that is not signed, I don't
think it has any value whatsoever.
City Manager Odio: That's what I... I threw it out.
Commissioner Plummer: Well, it makes some statements in there that maybe
could be or not, and that's why I've asked the Manager to look at them.
City Manager Odio: Well, I need to... I think we need two appraisals of the
business and we only have one. So I might have to withdraw the item if we
don't...
2 June 11, 1992
0
Commissioner Plummer:
that was brought forth.
that anonymous letter?
2
Well, Mr. Manager, that's only one part of the thing
It's, as you know, and I'm... Did all of you receive
Mayor Suarez: Yes, sir.
Vice Mayor Alonso: Yes.
Commissioner Plummer: OK. Well, then I don't have to go into it at this
point.
City Manager Odio: Should I just withdraw the item now, and call Mr. Hardemon
so...
Commissioner Plummer: Well, I think that it begs answers, is what I'm saying.
City Manager Odio: So I'm going to...
Mayor Suarez: While you are at that, and if you are going to withdraw,
there's another interesting procedural issue on a report that I think was done
by "Tools for Change" as to how much it is confidential and how much it can be
disseminated. If that's an issue, we ought to get that resolved before we
have a substantive consideration of the matter, when we don't know if we are
supposed to look at the 42-page evaluation that they did, I'm told. And the
anonymous letter, I agree totally with Commissioner Plummer. I generally
don't look at them, and don't pay any attention to them, but it does have some
specific allegations in it...
Commissioner Plummer: Vert/ definitely so.
Mayor Suarez: ... that maybe some ought to check, just in case.
Commissioner Plummer: Well, I've already given it to the Manager early this
morning and asked him to check. Mr. Mayor, you bring out another point. Mr.
Manager,..,
City Manager Odio: OK. I'm going to withdraw that item. OK? If I may, so
that...
Commissioner Plummer: Well, that's up to you, sir. I didn't ask you to
withdraw. I asked you merely to look into the matter to resolve that which we
all received.
Commissioner Dawkins: How can you not ask the Manager to withdraw it if you
are asking the Manager to evaluate it? - and the Manager has not had the time
to evaluate it. What else can the Manager do? - but withdraw it until he's
had time to evaluate it.
Commissioner Plummer: To my blue brother, the Manager has approximately
twelve hours and a tremendous staff who can look into those items very
quickly. And this Commission, on a number of occasions, in the morning, has
asked the Manager to look into things and report back in the afternoon. If he
cannot resolve the matter by this afternoon, then I would expect him, in fact,
to withdraw the item.
3 June 11, 1992
Mayor Suarez: All right.
Commissioner Dawkins: Thank you.
Commissioner Plummer: But I asked that it be done prior to.
Commissioner Dawkins: Thank you for that clarification, my blood brother.
Mayor Suarez: All right, sir.
Commissioner Plummer: Mr. Mayor, you brought up another point. Mr. Manager,
this Commission, sir, gave approximately $650,000 for a thing called "Tools
for Change." OK? I don't know if any of my colleagues here have ever had a
report of what they are doing. Have you?
City Manager Odio: No, sir.
Commissioner Plummer: I think this Commission is entitled to know...
City Manager Odio: I will send them a letter.
Commissioner Plummer: ... what is happening with our money of $650,000 and
what they are doing with it and what they've accomplished.
City Manager Odio: If you want to, I can ask them in a letter to come and...
Commissioner Plummer: I think it's only right that we should have some kind
of an indicator of what was done with the money which we gave, and what has
been accomplished and I would like to see it. I can't speak for the rest, but
I think we should have an accounting of some kind.
Mayor Suarez: I fully agree.
3. CONSENT AGENDA.
Mayor Suarez: Item CA-1 through CA-18 are the Consent Agenda. We intend to
vote on these collectively. If anyone wishes to be heard on any one of those
individually, please so advise. Let the record reflect no one stepped
forward. Commissioners, any of those items that you would like a
clarification on? If not,...
Commissioner Dawkins: I'd like discussion on three.
Mayor Suarez: OK.
Commissioner Dawkins: I want to pull four, so I could just vote no. I
don't...
Commissioner Plummer: Three, four and...
4 June 11, 1992
Commissioner Dawkins: And I'd like to discuss 17.
Mayor Suarez: All right. Anything further, Commissioners? Mr. Gonzalez-
Goenaga, sir. I guess I was little quick there.
Mr. Manuel Gonzalez-Goenaga: Well, even though I'm not going to speak on
these, I have some questions and I do not want to delay this meeting, so I'll =_
be heard at the proper time. But I understand, and please clarify me, when I =
was here last time, that Commissioner Plummer did say that nothing was going
to be discussed in the morning, except the budget.
Commissioner Plummer: I'm sorry?
Mayor Suarez: We did discuss the whole issue of police...
Mr. Gonzalez-Goenaga: No, no.
Commissioner Plummer: No, sir. That was put over till the July meetinc,
because we...
Mr. Gonzalez-Goenaga: Oh, it was postponed. I'm sorry.
Mayor Suarez: Yeah, we may have...
Commissioner Plummer: ... did, in fact, put two meetings together for today.
Vice Mayor Alonso: Yeah. =-
Mr. Gonzalez-Goenaga: OK. OK. I'm glad you have a very sharper memory than
I have.
Commissioner Plummer: And, Manny, may I thank you, sir, for giving the
leadership to the Mayor for understanding Perot and all that he represents.
Mr. Gonzalez-Goenaga: I don't think he understands Perot yet. He's
uncommitted and I...
Commissioner Plummer: But he's leaning that way, sir.
Mr. Gonzalez-Goenaga: No, we don't want him... As an individual, yes. But -
besides that,...
Commissioner Plummer: Go sit down.
Mr. Gonzalez-Goenaga: ... not as a politician because Mr. Perot is not a
politician.
Commissioner Plummer: Go sit down. -
Mr. Gonzalez-Goenaga: He wants to finish all this monkey business in the U.S.
government. -
Mayor Suarez: Interestingly... Interestingly...
5 June 11, 1992
Vice Mayor Alonso: Do we understand that Commissioner Plummer is endorsing
Perot, too?
Mayor Suarez: There we go. Interestingly youngsters from Silver Bluff... The
Presidential election that is approaching could be unprecedented because it
could be a situation where no one has a majority of the electoral college...
Commissioner Plummer: You know, somebody has got to explain that to me.
Vice Mayor Alonso: Not today, please.
Commissioner Plummer: No, I don't understand where it can go to the House.
Mayor Suarez: ... in which case it goes to the House of Representatives and
the newly elected U.S. Representatives vote for the President of the United
States.
Commissioner Plummer: On either party?
Mayor Suarez: Whomever they want...
Commissioner Plummer: Or either party?
Mayor Suarez: ... so they could choose one of the three candidates,...
Vice Mayor Alonso: No, it will have to be all three, if no decision is made.
It is going to be history.
Mayor Suarez: ... or they could choose Mr. Gonzalez-Goenaga. In fact, I had
been given that as an example of what they might do.
Commissioner Plummer: Is... choose Manny?
Mayor Suarez: And they could choose Mr. Manuel Gonzalez-Goenaga or...
Mr. Gonzalez-Goenaga: I'm not fit to be President of this nation. And you
are not fit to be Mayor, either.
Mayor Suarez: He now has disqualified himself. And not only that, he has _
shown himself once again to be incapable of following our rules of order, so
-� Mr. Gonzalez-Goenaga, maybe I shouldn't make reference to you even in jest,
because you have a hard time sticking to our rules. In any event, that is an
interesting historical situation, and as Commissioner Plummer has indicated, a
most confusing one about the Presidential elections. The states, by the way,
vote... The Congressmen vote by states. So 26 votes wins the Presidency in a -
-� situation of that sort. The Senate chooses the Vice President. All right.
Items CA-1 through CA-18 with the exception of items 3, 4 and 17, I'll
Y entertain a motion, please.
Commissioner Plummer: I'll so move, Mr. Mayor.
Mayor Suarez: So moved. Second.
,,,
-` 6 June 11, 1992
y
i,
_1
r
Vice Mayor Alonso: Yes, I'll second.
Mayor Suarez: Seconded. Any discussion? If not, 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.
3.1 AUTHORIZE SPONSORSHIP OF YOUTH CRIME WATCH OF AMERICA PROGRAM --
ALLOCATE $20,000 (Law Enforcement Trust Fund).
RESOLUTION NO. 92-367
A RESOLUTION AUTHORIZING THE SPONSORSHIP OF THE YOUTH
CRIME WATCH OF AMERICA PROGRAM AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $20,000, FROM THE
LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE 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.)
3.2 AUTHORIZE FUNDING OF THE CAREER CRIMINAL PROGRAM -- ALLOCATE $32,980
(Law Enforcement Trust Fund).
RESOLUTION NO. 92-368
A RESOLUTION AUTHORIZING THE FUNDING OF THE CAREER
- CRIMINAL PROGRAM AND ALLOCATING FUNDS THEREFOR IN AN
- AMOUNT NOT TO EXCEED $32,980 FROM THE CITY OF MIAMI
LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE 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.) =
f
s.
_ 7 June 11, 1992
1
Aft
3.3 ACCEPT BID: BOWNE OF MIAMI, INC. -- FOR PRINTING / BINDING / SHIPPING
OFFICIAL STATEMENTS FOR BOND FINANCING (Dept. of General Services
Administration & Solid Waste / Graphic Reproductions).
RESOLUTION NO. 92-369
A RESOLUTION ACCEPTING THE BID OF BOWNE OF MIAMI, INC.
FOR THE PRINTING, BINDING AND SHIPPING OF OFFICIAL
STATEMENTS FOR BOND FINANCING ON A CONTRACT BASIS FOR
ONE (1) YEAR WITH THE OPTION TO EXTEND FOR AN
ADDITIONAL ONE (1) YEAR PERIOD FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID
WASTE/GRAPHIC REPRODUCTIONS DIVISION AT A TOTAL
ESTIMATED COST OF $7,315.00 PER BOND ISSUE; ALLOCATING
FUNDS THEREFOR FROM THE FINANCE DEPARTMENT, TREASURY
MANAGEMENT DIVISION, ACCOUNT CODE NO. 269902-680-
311016; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS
CONTRACT FOR AN ADDITIONAL ONE (1) YEAR PERIOD, AT THE
SAME PRICE, TERMS AND CONDITIONS, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Fter•e follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.4 ACCEPT BID: ALLIED UNIVERSAL CORPORATION -- FOR FURNISHING SWIMMING
POOL CHEMICALS (Parks & Recreation Dept.).
RESOLUTION NO. 92-370
A RESOLUTION A RESOLUTION ACCEPTING THE BID OF ALLIED
UNIVERSAL CORPORATION OF THE FURNISHING OF SWIMMING
POOL CHEMICALS ON A CONTRACT BASIS FOR ONE (1) YEAR
WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1)
YEAR PERIOD FOR THE PARKS AND RECREATION DEPARTMENT AT
AN ESTIMATED FIRST YEAR COST OF $65,598.25; ALLOCATING
FUNDS THEREFOR FROM THE PARKS AND RECREATION,
RECREATIONS DIVISION GENERAL FUND BUDGETS, ACCOUNT
CODE NO. 580301-704 (FY 1992 - $20,000; FY 1992 -
$45,598.25); AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
FOR THESE SUPPLIES AND THEREAFTER TO EXTEND THIS
CONTRACT FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT THE
SAME PRICE, TERMS AND CONDITIONS, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8 June 11, 1992
17
1-1
3.5 ACCEPT BID: CHEM-TAINER INDUSTRIES -- FOR FURNISHING 600 HEAVY DUTY
PLASTIC BARRELS (General Services Administration & Solid Waste Dept.).
RESOLUTION NO. 92-371
A RESOLUTION ACCEPTING THE BID OF CHEM-TAINER
INDUSTRIES FOR FURNISHING 600 HEAVY DUTY PLASTIC
BARRELS TO THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE ON A CONTRACT BASIS FOR
ONE (1) YEAR WITH THE OPTION TO EXTEND FOR AN
ADDITIONAL ONE (1) YEAR PERIOD AT A TOTAL ESTIMATED
FIRST YEAR COST OF $18,750.00; ALLOCATING FUNDS
THEREFOR FROM THE 1991-1992 OPERATING BUDGET, ACCOUNT
CODE NO. 421301-722; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THIS MATERIAL AND THEREAFTER TO
EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE (1) YEAR
PERIOD, AT THE TERMS AND CONDITIONS SPECIFIED HEREIN
AND SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.6 ACCEPT PROPOSAL: KRONOS SYSTEMS, INC. -- FOR FURNISHING TWO AUTOMATED
TIME AND ATTENDANCE SYSTEMS (General Services Administration & Solid
Waste Dept.).
RESOLUTION NO. 92-372
A RESOLUTION ACCEPTING THE PROPOSAL OF KRONOS SYSTEMS,
INC., FOR FURNISHING TWO AUTOMATED TIME AND ATTENDANCE
SYSTEMS, SAID PROPOSAL CONTAINING THE MOST
ADVANTAGEOUS COMBINATION OF PRICE, GREATEST
FLEXIBILITY AND BEST FEATURES MEETING THE NEEDS OF THE
CITY AT A TOTAL PROPOSED AMOUNT OF $11,000.00 FOR THE
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE
DEPARTMENT; ALLOCATING FUNDS THEREFOR FROM PROJECT NO.
42001, ACCOUNT CODE NO. 421101-880.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9 June 11, 1992
C
3.7 AUTHORIZE LEASE OF VEHICLES FOR
EMPLOYMENT AND TRAINING PROGRAM
Development Dept.).
E
IMPLEMENTATION OF CITY'S SUMMER YOUTH
-- FROM ROYAL RENT -A -CAR (Community
RESOLUTION NO. 92-373
A RESOLUTION AUTHORIZING THE LEASE OF THIRTEEN (13)
VEHICLES FOR THE MONTHS OF JUNE, JULY AND AUGUST AND
THREE (3) VEHICLES FOR THE MONTH OF SEPTEMBER TO BE
USED FOR THE IMPLEMENTATION OF THE CITY'S SUMMER YOUTH
EMPLOYMENT AND TRAINING PROGRAM UNDER AN EXISTING CITY
OF MIAMI BID NO. 91-92-001 FROM ROYAL RENT -A -CAR, AT A
TOTAL PROPOSED COST OF $23,016.00 FOR THE DEPARTMENT
OF COMMUNITY DEVELOPMENT; ALLOCATING FUNDS THEREFOR
FROM THE SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM
GRANT THROUGH THE SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM, ACCOUNT CODE NO. 450237-610-
184039; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.8 ACCEPT BID: P.O.G. HAY AND FEED -- FOR FURNISHING FEED AND SUPPLEMENTS
FOR POLICE HORSES.
RESOLUTION NO. 92-374
A RESOLUTION ACCEPTING THE BID OF P.O.G. HAY AND FEED
FOR FURNISHING FEED AND SUPPLEMENTS FOR POLICE HORSES
ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION
TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD FOR
THE DEPARTMENT OF POLICE AT AN ESTIMATED FIRST YEAR
COST OF $25,219.00; ALLOCATING FUNDS THEREFOR FROM THE
POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT
CODE NO. 290201-710; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID SUPPLIES AND THEREAFTER EXTEND
THIS CONTRACT FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT
THE SAME PRICE, TERMS AND CONDITIONS, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10 June 11, 1992
3.9
ACCEPT BID: MOTOROLA, INC. -- FOR PURCHASE OF 1000 STX RADIO BATTERIES
(Police Dept.).
RESOLUTION NO. 92-375
A RESOLUTION ACCEPTING THE BID OF MOTOROLA, INC. FOR
THE PURCHASE OF 1000 STX RADIO BATTERIES FOR THE
DEPARTMENT OF POLICE AT THE PROPOSED AMOUNT OF
$21,420.00; ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
290201-701; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.10 ACCEPT BID: N&G BEST LAWN, INC. -- FOR FURNISHING GROUNDS MAINTENANCE
FOR NEW SOUTHEAST OVERTOWN AND PARK WEST MALLS (Development & Housing
Conservation Dept.).
RESOLUTION NO. 92-376
A RESOLUTION ACCEPTING THE BID OF N & G BEST LAWN,
INC. FOR THE FURNISHING OF GROUNDS MAINTENANCE FOR THE
NEW SOUTHEAST OVERTOWN AND PARK WEST MALLS ON A
CONTRACT BASIS FOR A PERIOD ONE (1) YEAR WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE YEAR
PERIODS FOR THE DEPARTMENT OF DEVELOPMENT AND HOUSING
CONSERVATION AT A PROPOSED ANNUAL AMOUNT OF $8,950.00;
ALLOCATING FUNDS THEREFOR FROM THE SOUTHEAST
OVERTOWN/PARK WEST TAX INCREMENT OPERATING BUDGET
ACCOUNT NO. 550108-340, PROJECT NO. 689001;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT FOR TWO
(2) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
11 June 11, 1992
3.11 EXECUTE AMENDMENT TO AGREEMENT WITH BORRELLI AND ASSOCIATES ARCHITECTS
PLANNERS, PA, AS ARCHITECTURAL / ENGINEERING CONSULTANTS ON FIRE GARAGE
/ FIRE STATION #3 MODIFICATION AND EXPANSION PROJECT (Project 313019).
RESOLUTION NO. 92-377
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF
MIAMI AND BORRELLI & ASSOCIATES ARCHITECTS PLANNERS,
P.A., AS ARCHITECTURAL/ENGINEERING CONSULTANTS ON THE
FIRE GARAGE/FIRE STATION #3 MODIFICATION AND EXPANSION
PROJECT, FOR EXTRA WORK PERFORMED WITHIN THE SCOPE OF
THE PROJECT, AT AN EXTRA COST OF $61,133; ALLOCATING
FUNDS THEREFOR FROM CAPITAL PROJECT FUND, FIRE
GARAGE/FIRE STATION #3 MODIFICATION AND EXPANSION
PROJECT (313019).
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.12 ESTABLISH SPECIAL CHARGES / TERMS / CONDITIONS FOR USE OF BOBBY MADURO
MIAMI BASEBALL STADIUM BY SUCCESS ENTERTAINMENT, INC. FOR A MUSICAL
CONCERT.
RESOLUTION NO. 92-378
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS, AND CONDITIONS FOR THE USE OF THE
BOBBY MADURO MIAMI BASEBALL STADIUM BY SUCCESS
ENTERTAINMENT, INC. FOR THE PRESENTATION OF A MUSICAL
CONCERT TO BE HELD ON JUNE 20, 1992; AUTHORIZING THE
CITY MANAGER TO EXECUTE A USE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
12 June 11, 1992
a
3.13 PROHIBIT DISCRIMINATION ON BASIS OF DISABILITY -- REAFFIRM COMMISSION'S
PREVIOUS POLICY STATEMENT CONCERNING EQUAL ACCESS AND EMPLOYMENT
OPPORTUNITIES -- APPOINT CITY EMPLOYEE TO IMPLEMENT AMERICANS WITH
DISABILITIES ACT OF 1990 (ADA) -- REAFFIRM ADOPTION OF SECTION XI
(COMPLAINT PROCESS OF AFFIRMATIVE ACTION PLAN) AS GRIEVANCE PROCEDURE
WHEN FILING COMPLAINT
RESOLUTION NO. 92-379
A RESOLUTION PROHIBITING DISCRIMINATION ON THE BASIS
OF DISABILITY AND REAFFIRMING THE CITY COMMISSION'S
PREVIOUS POLICY STATEMENT THAT THE CITY OF MIAMI SHALL
PROVIDE EQUAL ACCESS AND EQUAL OPPORTUNITY IN
EMPLOYMENT; APPOINTING A CITY OF MIAMI EMPLOYEE TO BE
RESPONSIBLE FOR THE IMPLEMENTATION OF THE AMERICANS
WITH DISABILITIES ACT OF 1990 (ADA); AND REAFFIRMING
THE ADOPTION OF SECTION XI, COMPLAINT PROCESS OF THE
AFFIRMATIVE ACTION PLAN, AS A GRIEVANCE PROCEDURE FOR
INDIVIDUALS FILING COMPLAINTS UNDER THE PROVISIONS OF
THE ADA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.14 ACCEPT DONATION ($29,832) FROM THE ELEVENTH JUDICIAL CIRCUIT COURT -- TO
ACQUIRE COMPUTER HARDWARE / SOFTWARE ("INTERFACE") TO CONTINUE TO ALLOW
CITY'S MAINFRAME COMPUTERS TO ACCESS POLICE INFORMATION FROM
METROPOLITAN DADE COUNTY'S COMPUTER SYSTEM -- EXECUTE AGREEMENT.
RESOLUTION NO. 92-380
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ACCEPT THE DONATION OF FUNDS NOT TO EXCEED
AN AMOUNT OF $29,832 FROM THE ELEVENTH JUDICIAL
CIRCUIT OF FLORIDA, THE ADMINISTRATIVE OFFICE OF THE
COURTS, IN DADE COUNTY, FLORIDA ("CIRCUIT"), FOR THE
ACQUISITION OF COMPUTER HARDWARE AND SOFTWARE
("INTERFACE") TO CONTINUE TO ALLOW THE MAINFRAME
COMPUTERS OF THE CITY OF MIAMI ("CITY") TO ACCESS
POLICE INFORMATION FROM METROPOLITAN DADE COUNTY'S
("COUNTY") COMPUTER SYSTEM; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE ELEVENTH JUDICIAL CIRCUIT OF
FLORIDA, THE ADMINISTRATIVE OFFICE OF THE COURTS, IN
DADE COUNTY, FLORIDA, TO IMPLEMENT SAID ACQUISITION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13 June 11, 1992
3.15 EXECUTE AGREEMENT WITH MANUEL J. GONZALEZ (CONSULTANT) -- TO PERFORM THE
SERVICES OF MARKETING COORDINATOR -- ALLOCATE FUNDS (International Trade
Board).
RESOLUTION NO. 92-381
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH MANUEL J. GONZALEZ, CONSULTANT, TO
PERFORM THE SERVICES OF MARKETING SERVICES
COORDINATOR, FOR THE PERIOD OF JUNE 1 THROUGH
SEPTEMBER 30, 1992, IN THE AMOUNT OF $14,400.00;
ALLOCATING FUNDS THEREFOR FROM THE INTERNATIONAL TRADE
BOARD BUDGET, AS IDENTIFIED IN ACCOUNT NO. 921084-001.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4. DISCUSS AND TABLE CONSIDERATION OF PROPOSED RESOLUTION AUTHORIZING
PURCHASE OF A TRAINED BELGIUM MANUIOS POLICE DOG.
------------------------------------------------------------------------------
Mayor Suarez: Commissioner Dawkins, clarification on CA-3.
Commissioner Dawkins: What is this dog, and why do we need it?
Commissioner Plummer: Buy American.
Commissioner Dawkins: He said "dog" in case you're not too sure if he really
meant dog. That's what he meant because this item is the police dog.
Commissioner Dawkins: This is a dog, you future taxpayers, that the City of
Miami Police Department wants to buy for $5,500 for one dog.
City Manager Odio: But it talks.
Commissioner Dawkins: OK? Then they have to feed it, take it to the vet,
have it wormed, and care for it. So you're talking about close to a $50,000
dog. So I'm going to have them explain to us why it's necessary that we need
this dog.
Commissioner Plummer: Well, why didn't you ask the question about the $30,000
horses on the last agenda? And, I mean, I'm not saying that jokingly.
Commissioner Dawkins: Well, I'm partial to horses. I'm prejudiced to dogs.
Commissioner Plummer: You've got $27,000 worth of horse feed on the agenda
today.
Mayor Suarez: We have, on my left, a horse expert.
14 June 11, 1992
It •
Vice Mayor Alonso: He likes horses, he told you.
Commissioner Plummer: And all they do is...
Mayor Suarez: On my right, our dog expert. And we are going to get this all --
clarified. Yes. -
Commissioner Plummer: All they do is write parking tickets.
Commissioner Dawkins: Go right ahead, sir.
Lt. Joseph Longueira: OK. Commissioners, a couple of reasons. First of all,
this is a new breed of dog that...
Commissioner Dawkins: Wait a minute. Wait a minute now. A new breed...
Listen closely now. This is a new breed of dog. They don't know nothing
about, don't know where it comes from, who the momma and the dad is because
it's a new breed, and they want to pay $5,500 for it. Go ahead, sir.
Lt. Longueira: Sir, it's a new breed of dog used in law enforcement. Some
other...
Commissioner Dawkins: Law enforcement, where?
Lt. Longueira: I don't know exactly what city, sir, but I've been advised...
Commissioner Dawkins: Well,... OK.
Lt. Longueira: You want to know exactly what cities, I'll find out.
Commissioner Dawkins: Yeah, I need to know... You need to know what cities
the dog is in to know how the dog performed. He may not have no Spanish-
speaking people where he's performing and he don't understand Spanish.
Lt. Longueira: Gables uses him there, sir.
Commissioner Dawkins: The Gables.
Lt. Longueira: OK? There's one department.
Commissioner Dawkins: Gables.
Lt. Longueira: Yes, sir.
Commissioner Dawkins: Coral Gables?
Lt. Longueira: Yes, sir. The reason we are interested in this dog is that
they are supposed to work better in heat and they live...
Commissioner Dawkins: In heat?
Lt. Longueira: In heat.
15
June 11, 1992
i -,hL
Commissioner Dawkins: Wait a minute now. You mean the weather, heat?
Lt. Longueira: In the weather, heat.
Commissioner Dawkins: OK. All right. Go ahead.
Lt. Longueira: And they live better than the breed of... They live longer
than the breed of dogs we have now. The other reason it's so expensive, is —
this dog is fully trained as a police dog and also to detect narcotics. OK?
In order for us to go...
Commissioner Dawkins: OK. So we are buying a dog to detect narcotics?
Lt. Longueira: Well, he's...
Commissioner Dawkins: Well, say that. Say that. I don't need all this other =
stuff.
Lt. Longueira: But he's also a regular police dog that tracks people and
stuff. OK? But he also does narcotics. The reason he's so expensive, he's
fully trained. In order for us to train one dog,... =
Vice Mayor Alonso: Twelve weeks.
Lt. Longueira: ..0 it takes twelve weeks. We're saving about $7,500 by
buying this dog already trained.
Commissioner Dawkins: Suppose he drops dead tomorrow.
Lt. Longueira: There are certain warranties on the dog,...
a
Commissioner Plummer: Still have to have...
Lt. Longueira: ... you know, that protect us.
Commissioner Dawkins: OK. For how long? How long is he warranted for?
Lt. Longueira: I'll have to get the specs for you, sir.
Commissioner Dawkins: You know,... OK. All right. I need from you, or
somebody,...
Lt. Longueira: Yes, sir.
Commissioner Dawkins: This is the last one you will buy like this. We will
train the rest we get like this.
Lt. Longueira: Sir, the problem is, like I said,...
Commiissioner Plummer: All you are doing is setting a precedent. That's all
you are doing.
=i
Lt. Longueira: ... if we have a class, like of five dogs, then we have one
instructor training five dogs and officers...
16 June 11, 1992
Commissioner Dawkins: I will ask my question again.
Lt. Longueira: It's cheaper this way.
Commissioner Dawkins: I will ask my question again in plain English. Is this
the last dog we will buy like this, or do you plan to buy five or six more
well -trained dogs at $5,500 a piece? That's my question. Yes or no?
Lt. Longueira: I would say no, it's not the last one. If we run into
situation...
Commissioner Dawkins: All right. I'll move that this be deferred until the
can come and tell me when the last one will be and why.
Commissioner Plummer: Second.
Mayor Suarez: The item is tabled if that's what the...
a
y
--
_
Commissioner Dawkins: Hey, that's all. I mean, how in the world can you tell
you me that you are going to buy this dog because he's well trained, and you
can't get one and train him? I mean, you'll be back here telling me that you
need another one.
Lt. Longueira: But it's cheaper to buy one dog trained than to buy one and
spend twelve weeks training it. It costs us more money.
Commissioner Plummer: Is the issue to the deferment, Mr. Mayor? - or is the
issue still about the dog?
Commissioner Dawkins: Defer.
Commissioner Plummer: I thought the motion was deferral.
Commissioner Dawkins: Till this afternoon. I'll talk with you during lunch
and bring it back after lunch.
Mayor Suarez: Tabled. Yeah, bring it after lunch.
Lt. Longueira: OK.
Mayor Suarez: Beautiful. Thank you, and I'm sure that the fact that you used
the example of training five dogs was not in any way related to the fact that
there are five Commissioners up here, or anything like that. So,...
Commissioner Plummer: Well, Mr. Mayor,...
Mayor Suarez: That figure that came to your mind, right?
17 June 11, 1992
5. COMMENTS BY COMMISSIONER PLUMMER ON ARTICLE IN "MIAMI TODAY" CONCERNING
THE CITY'S ANTICIPATED BUDGET DEFICIT.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor,...
Mayor Suarez: Yes.
Commissioner Plummer: ... all kidding aside, I want the Manager to start
talking about the article in the Miami Today. Somebody better start listening
that this City is $7,000,000 down, next year. Is that what the article said,
Mr. Manager? Is that somewhat the truth?
Commissioner Dawkins: Seven... See, J.L., you're not being fair to the
youngsters. Tell the youngsters what you mean by $7,000,000 down.
Commissioner Plummer: I'm asking the Manager to tell me...
Commissioner Dawkins: But, wait. Tell the youngsters what you are talking
about.
Commissioner Plummer: OK? The evaluation of the tax base of this City,
according to the Manager,... Excuse me. You informed me... Is going to be
that this City will have $7,000,000 less money next year to spend than we have
this year. Is that a true statement?
City Manager Odio: Yeah.
Commissioner Plummer: OK. Now, what I'm saying 1s that when you start going
out here buying $5,500 dogs, and you go out here and you start spending
$30,000 for horse food, somebody better get the priorities straight. Because
in my estimation, things are going to have to buckle under around here, and
I'm going to start bringing out that $7,000,000 every time. Every time. Mr.
Manager, don't talk about the dogs. It is my understanding the motion before
this Commission is for deferment.
Commissioner Dawkins: Till after lunch.
Commissioner Plummer: Anybody wants to speak to deferment, can speak to it.
Commissioner Dawkins: Anything else is out of order.
Mayor Suarez: All right.
Commissioner Plummer: Well, wait a minute. Excuse me. Do we not have to
take a vote on the deferment?
Mayor Suarez: I thought we were tabling.
Commissioner Plummer: My understanding is my colleague made a motion to
defer.
18 June 11, 1992
Commissioner Dawkins: Well, they want to table it. They want to table it.
Commissioner Plummer: Table? All right.
Commissioner Dawkins: And then if I don't have the answer,...
Commissioner Plummer: All right.
Commissioner Dawkins: ... I'll defer it after lunch. Thank you, J.L.
Mayor Suarez: Thank you.
6. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION
CONCERNING PURCHASE OF DECISION SUPPORT'S EZSPEC/DARGAL ADHOC,REPORTING
SOFTWARE PERPETUAL LICENSE FROM SOFTWARE CLEARING HOUSE (See label 39).
------------------------------------------------------------------------------
Mayor Suarez: Item...
Commissioner Dawkins: Number four.
Mayor Suarez: ... four. You wanted just to simply have a separate vote on
it?
Commissioner Dawkins: I move in order to vote no.
Mayor Suarez: OK. Moved. Do we have a second?
Commissioner Plummer: Second.
Mayor Suarez: Any discussion on CA-4? If not, please call the roll.
Commissioner Plummer: Well, let me understand why I'm voting no. Mr. Mayor
and members of this Commission,...
Commissioner Dawkins: Are you voting no, too?
Commissioner Plummer: ... we spent $100,000, approximately a year and a half
ago to buy software for the Police Department for allocation of personnel.
The only thing that, that $100,000 has accomplished, is to bring the author to
show our Police Department how to use that software and he was robbed and
mugged at 54th Street and Biscayne Boulevard.
Commissioner Dawkins: Now that is my neighborhood.
Commissioner Plummer: That software has never been implemented and the only
thing we got was one more woman that was mugged and robbed at 54th and the
Boulevard.
Commissioner Dawkins: In my neighborhood.
19 June 11, 1992
•
I can't understand why... No, you don't live there,
Commissioner Dawkins: That's in my neighborhood.
Commissioner Plummer: No, it is not.
Commissioner Dawkins: I can walk there from my house.
Commissioner Plummer: You can walk anywhere from your house.
Mayor Suarez: This happens in the morning. It gets better later on in the
day, after they get a little tired, they have had lunch...
Vice Mayor Alonso: Worse.
Commissioner Plummer: Let's save the...
Mayor Suarez: Come back in the afternoon.
Commissioner Plummer: Well, let's work towards the $7,000,000.
Mayor Suarez: Gets worse. The Vice Mayor says it gets worse. All right.
Commissioner Plummer: Mr. Mayor, I hope today, in all honesty,...
Mayor Suarez: `,'es, sir.
Commissioner Plummer: ... that we are going to talk about annexation of this
City before we leave here today.
Vice Mayor Alonso: Oh, yes.
Mayor Suarez: All right.
Commissioner Plummer: Because, let me tell you, the statement in the
newspaper, when a Chief of the Miami Police Department makes the statement
that the people of this City or that particular segment of this City are not
getting the bang for their buck, we are going to talk about it. I want to
tell you we are going to talk about it.
Commissioner Dawkins: Oh, you mean that Chief is applying for the Chief of
Police over there?
Commissioner Plummer: Sir, the statement was...
Commissioner Dawkins: OK. I just thought I'd ask you.
Commissioner Plummer: ... made in the paper and I want him to have the
opportunity - because I'm told he is going to say he was misquoted, and I want
him to have that opportunity to say that on the record. OK?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
20
June 11, 1992
t
Commissioner Plummer: We'll get to it eventually, Arnold.
Commissioner Dawkins: OK. All right.
Mayor Suarez: Yeah, please, because if we don't follow...
Chief Arnold Gibbs: I welcome the opportunity, sir, whenever it...
Commissioner Dawkins: Move 4.
Commissioner Plummer: I want to give you that opportunity.
Mayor Suarez: Yes, please.
Commissioner Dawkins: Move 4.
Mayor Suarez: Item 4 has been moved.
Commissioner Dawkins: Second?
Commissioner Plummer: Wait a minute. You moved it to...
Commissioner Dawkins: I moved it to vote no,...
Commissioner Plummer: How can you do that?
Commissioner Dawkins: ...and you seconded it to vote no, you said.
Vice Mayor Alonso: He did, yes.
Commissioner Plummer: You can't.
Vice Mayor Alonso: So call the roll.
Commissioner Plummer: He can move it and vote against it?
Commissioner Dawkins: Yes.
Commissioner Plummer: I thought he could second it and vote against it.
Commissioner Dawkins: No, I can move it and vote against it. You can't tell
me how to vote.
Mayor Suarez: Well, do it either way. Do it either way. However you want to
move. Just let's get the matter voted on, please.
Commissioner Plummer: All right.
Commissioner Dawkins: Now wait a minute now. Mr. City Attorney.
Mayor Suarez: You want to move to disapprove the matter, is that what you
want to do?
21 June 11, 1992
Commissioner Dawkins: Mr. City Attorney. Now this is the City Attorney. _
This is who we pay to advise us, OK? Mr. City Attorney, what does Mason Rules
of Order say about the moving of a motion?
Commissioner Plummer: Can a Catholic vote for Mason Rules?
City Attorney Jones: Parliamentary question... What's proposed is... All I
can tell you is what's proposed, you can do it either way that the Mayor =
indicated. You can move it and vote no on it,...
Commissioner Plummer: I didn't think you could.
City Attorney Jones: ... or you can move it and...
Mayor Suarez: Or move against, and then vote yes on the motion. Either way.
City Attorney Jones: Yeah.
Commissioner Plummer: I thought you could second it and vote against it.
Commissioner Dawkins: OK. All right. Well, is the motion proper, Mr. City
Attorney?
City Attorney Jones: Yes, it is.
Mayor Suarez: All right. The motion, as stated, would be to approve it, so
if you vote yes, you would be approving it and no, you would be disapproving
it. OK?
Commissioner Plummer: If I vote...
Mayor Suarez: Motion and a second. Understood. Call the roll.
Commissioner Plummer: If I vote yes...
Vice Mayor Alonso: What? What?
Commissioner Plummer: Say that again.
Mayor Suarez: Yes would approve it, the way it's stated. No would disapprove
it. Would reject it.
Commissioner Plummer: So if I want to disapprove 4,...
Mayor Suarez: Vote no.
Commissioner Plummer: ... I vote no.
Mayor Suarez: Yes.
Commissioner Plummer: Well, that's...
Commissioner Dawkins: That's right.
22 June 11, 1992
Mayor Suarez: That's kind of a normal...
Commissioner Plummer: What is unusual about that?
Mayor Suarez: Yes if you like it, no if you don't like it.
Commissioner Plummer: I want to remind you that's how we got Metro -Dade
County.
Vice Mayor Alonso: Vote yes if you want it, you vote no if you don't want
it. So call the roil, please. —
Mayor Suarez: Please call the roll.
Commissioner Plummer: Metro -Dade County a yes vote meant no, and a no vote
meant yes.
MOTION FAILED. THEREUPON MOTION DULY MADE BY
COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER
PLUMMER, AUTHORIZING PURCHASE OF SOFTWARE PERPETUAL
LICENSE WAS DEFEATED BY THE FOLLOWING VOTE:
AYES: Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: Well, listening to J.L., who is the Commissioner in
charge, due to the Awareness Program, it certainly creates doubts in my mind,
so I'm going to vote no at this time.
Vice Mayor Alonso: You better join the group.
Commissioner De Yurre: Does it matter?
Mayor Suarez: Let me vote yes, but indicate, if for nothing else, to maybe be
able to move to reconsider at some point.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Let me indicate that what they are saying, the computer folks
over there, is that this would more technically come under Commission
Awareness, under you, Commissioner De Yurre. Maybe if you are able to
convince this Commission that this was hasty and maybe we ought to reconsider
at some point, - not today - don't hesitate to get back and explain,
particularly since we have, I think we have a deployment session, do we not? -
at the beginning of July, and this apparently 1s related to the whole...
23 June 11, 1992
U
Commissioner Plummer: Well, as my good Mayor says, what are they doing with
the near $5,000,000 that they get now in the budget?
Mayor Suarez: I certainly agree with that, but maybe that should all be
explored. All right.
Commissioner Dawkins: What happened here is they - the Administration -
wanted to spend... How much was it?
Mayor Suarez: Over $100,000.
Commissioner Dawkins: Almost $200,000 to buy computer software. You know,
like you play with in school, and we told them, no thanks. We wouldn't let
them buy it.
Commissioner Dawkins: OK. 17.
Commissioner Plummer: Somebody needs to ask the question, how many
programmers we have on staff?
Commissioner Dawkins: Seventeen.
Mayor Suarez: Yeah, the total amount was $47,030. All right. Item CA-17.
Vice Mayor Alonso: Just...
Mayor Suarez: Yes, Vice Mayor Alonso.
Vice Mayor Alonso: ... one clarification. But the services that this item
was going to provide was not only for the Police Department, it was also for
Planning, Zoning and Building and other departments as well. Was it not?
Commissioner Plummer: Correct.
Vice Mayor Alonso: Yes.
Mr. Bob Parcher: Commissioner, Bob Parcher with the Department of Computers.
You're absolutely right. This has nothing to do with Police Deployment. What
we are trying to do is to make sure that we are utilizing our programming
staff adequately. In doing that, we're trying to make the data that the users
have - every one of these departments have access to that data, to be able to
print reports, to be able to go in and do inquiries and that type of thing.
It's nothing to do with Police Deployment.
Commissioner Plummer: How many programmers do you have in the department,
sir?
Mr. Parcher: We have 12 programmers.
Commissioner Plummer: Twelve programmers. What are they doing?
Mr. Parcher: Those programmers are spread across Public Safety, which we have
seven. We have revenue team, which has only four.
24 June 11, 1992
0
Commissioner Plummer: Can I make a strong suggestion to you, sir?
Mr. Parcher: Yeah.
Commissioner Plummer: You better start learning how to do with less. You are =_
going to do it.
Mr. Parcher: Mr. Plummer, if you recall from the Police Department at one
point in time, there were almost 15 programmers, just for police. Today, we
are running that department, right now, with only 12 programmers.
Commissioner Plummer: Did you hear the comment, sir, that this City is going
to be down $7,000,000 next year?
Mr. Parcher: Exactly, sir, and that's why we are looking at this piece of
software, because it does allow my programming staff to be able to do their
job and their function and allow the user community to go in and extract data
and make reports. That's exactly what this is... We are trying to act
smarter. We are trying to work smarter.
Commissioner Plummer: Half the data you got there now isn't worth a damn.
Mr. Parcher: We've been through that with you, sir, before, and I think we..
Mayor Suarez: The Commissioner meant half the data we've got there is not
useful for anything.
Commissioner Plummer: It's not. It's not.
Mr. Parcher: Well, the problem is, sometimes it points out the bad stuff,
too.
Commissioner Plummer: Hey, you got to go look and see what they got in there.
Mayor Suarez: I'm not agreeing with it. I'm just saying what he meant to
say. He did not mean to use the four-letter word.
Vice Mayor Alonso: And the last question,...
Mayor Suarez: OK. Go ahead and finish your inquiry. Commissioner Dawkins
yields.
Vice Mayor Alonso: ... non -local vendor. We couldn't find a local vendor?
Mr. Parcher: No, ma'am. This is a specific piece of software, and from this
note that what we did, we have actually evaluated it for one year. There is
no local company that has it. We've trained approximately 125 to 125 City
employees on how to use this software right now. The Fire Department, the
Police Department, they are all using this. And the deal that we worked out
was, it was going to cost us $4,000 over the last year and now they will apply
the $20,000 that we paid before. You know, we are trying to work smarter. I
don't know exactly what we do. We are right. We are down manpower, and
that's exactly what we are trying to do, is to get people involved in getting
data and getting information.
25 June 11, 1992
0
Vice Mayor Alonso: Thank you.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Last year, how much money did we spend purchasing
equipment and equipment -related products?
Mr. Parcher: For the Department of Computers, or for the City, sir?
Commissioner Dawkins: All right. Who purchases stuff for computers? The
City Commissioners? - or the Administration? - or who? That's what I'm
asking. How much?
Mr. Parcher: For the microcomputers, sir, they are purchased through the
department.
Commissioner Dawkins: OK. I don't care where they are... OK. They are
purchased through Mano's office, because he cuts the check. But who
ordered... How much was ordered for computers?
Mr. Parcher: I don't have that number, sir.
Commissioner Dawkins: You don't have that number? Well, how can you stand up
here and tell me what you need, and you don't...
Commissioner Plummer: He'll run a computer program and tell you.
Commissioner Dawkins: All right. Last year, how much did you buy last year?
How much have we spent this year already?
Mr. Parcher: Very little, sir, on computers.
Commissioner Dawkins: Beg your pardon?
Mr. Parcher: The exact number, I don't...
Commissioner Dawkins: No, no, no. Computer and computer software. You see,
you are mixing "apples and oranges." OK? You came here and you bought
$5,000,000 worth of computers.
Commissioner Plummer: No. Seven point one.
Commissioner Dawkins: Seven point one computers, and ever since then, you've
been buying computer software.
Mr. Parcher: That's correct.
Commissioner Dawkins: I hope I'm correct. And ever since then, you've
deleted the computer people. So you bought computers, you are laying off
people, and you are still buying software telling me that the software
replaces the people, but I'm spending more money in software than I would pay,
in my opinion, for employees.
26 June 11, 1992
ALL
Mr. Parcher: It goes back to not trying to reinvent the wheel. If a piece of
software has already been written, there's no reason to be utilizing our
programming staff.
Commissioner Dawkins: OK. No problem. No problem. I don't have a problem,
I'm just not voting to spend the money. That's the only problem I have with
it.
Mr. Parcher: I look at this item and...
Commissioner Dawkins: I have no problems with what you are saying. I have no
problems with what you are doing.
Commissioner Plummer: I thought this item was deferred.
Commissioner Dawkins: It was.
Commissioner Plummer: Five minutes ago.
Commissioner Dawkins: It was.
Mr. Parcher: There was a...
Commissioner Dawkins: There was an inquiry by the Vice Mayor.
Mr. Parcher: The Vice Mayor... Vice Mayor Alonso had asked a specific
question.
Commissioner Dawkins: Um-hmm. OK. Because I called for discussion on 17 and
then he came up here.
Mr. Parcher: It was in response to Vice Mayor Alonso's request.
Commissioner Dawkins: OK. All right. No, no, no.
--------------- -------------------------------------------------------------
7. EXECUTE AGREEMENT WITH SANDRA W. JOICE (CONSULTANT) -- TO PERFORM
SERVICES OF INTERNATIONAL ECONOMIST (International Trade Board).
------------------------------------------------------------------------------
Commissioner Dawkins: Seventeen. Who's going to discuss 17?
Commissioner Plummer: Sir, I might be able to help you on 17, or I'll try to
help you on 17. If you have your question, I'll try to answer it.
Mayor Suarez: What did you need on 17? - just clarification or, Commissioner
Plummer you want try to...
Commissioner,Plummer: This is a person who we have money in our budget to
hire a financial analyst to come in and to assist in the International Trade
Board. It is an item as is 18, that is within the budget of ITB
(International Trade Board). It comes about as a surplus because Fedy -
27 June 11, 1992
what's Fedy's last name? - Vieux-Brierre - was transferred to the NET
(Neighborhood Enhancement Team) program, and it left monies available as a
surplus in the budget and the executive director feels that this is the best
way to spend that money for the advantage of ITB. If you have a specific
question, I'll try to answer it, sir.
Commissioner Dawkins: First specific question to you is,...
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: ..6 if the individual was transferred to the NET
program, how does there come about a $5,000 surplus. Is this person not still
being paid? - or 1s this person working gratis? - or how did you, Mr.... See,
now who's going to explain this to me? The manager or J.L. Plummer? OK.
Goldfarb. Mr. Goldfarb. OK. All right. OK. Now, explain to me how the
individual was transferred to the NET program and I assume they are still
being paid. How do you get a $5,000 surplus? J.L. Plummer.
Commissioner Plummer: Sir, all I can tell you is we had a surplus of salary
surplus...
Commissioner Dawkins: OK. No. All right. That's good enough.
Commissioner Plummer: ... that was approved...
Commissioner Dawkins: You explained it. Now, tell me what an "international
economist" is.
Commissioner Plummer: Sir, that is someone who will come in and join hands
with the person in item 18 that will do marketing analysis for what can be
forward thinking of the International Trade Board. If you are not aware, sir,
we are contemplating to have trade missions, of which the Mayor is going to
the one in Argentina. We have four other trade... You are going also, sir.
That's fine. You know, unfortunately, I can't go, and I'm chairman of the
damn thing.
Mayor Suarez: He means the particular agency in question.
Commissioner Dawkins: All I'm saying...
Vice Mayor Alonso: They are going to Chile, as well, aren't you?
Commissioner Dawkins: All I need to know is,...
Commissioner Dawkins: Chile, too.
Commissioner Dawkins: ... why is that you cannot... You just said that we are
$7,000,000 short. Why is it somebody cannot be found within the
Administration to do this?
Commissioner Plummer: May I suggest to you, sir, that I have recommended, and
as it appears on the agenda,...
Commissioner Dawkins: You did? You recommended...
28 June 11, 1992
i
Commissioner Plummer: ... both of 17 and 18 are contracts so that it will not
be a long-term arrangement, unless money were to be found, or they were to
prove worthwhile.
Commissioner Dawkins: Do you remember...
Commissioner Plummer: The contract is so that we can cancel at the end.
Commissioner Dawkins: Do you remember when a Joyce something left the
Planning Department to go have a baby? Do you remember that, J.L.?
Commissioner Plummer: Somewhat. Yes, sir.
Mayor Suarez: Joyce Meyers, I think.
Commissioner Dawkins: All right. And she was... Joyce Meyers. And she was
hired as a consultant after she had the baby.
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: Do you know - if you don't, I will tell you - she is
still on a consultancy?
Commissioner Plummer: Sir,..,
Commissioner Dawkins: And not only is she still on a consultancy, with the
consultancy, she has been transferred to head the NET program in Northeast
Miami, as a consultant.
Commissioner Plummer: I don't dispute what you say.
Commissioner Dawkins: All right. All right. Don't tell me about
consultants.
Commissioner Plummer: ghat I'm trying to explain to you, sir, is...
Commissioner Dawkins: OK. No problem.
Commissioner Plummer: .. that as a contract...
Commissioner Dawkins: Since J.L. Plummer recommended it, I move it.
Mayor Suarez: All right. On item 17, moved. Do we have a second?
Commissioner Plummer...
Commissioner Plummer: Yes. I'll second it.
Mayor Suarez: Commissioner De Yurre seconds. Call the roll.
29 June 11, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-382
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH SANDRA W. JOICE, CONSULTANT, TO
PERFORM THE SERVICES OF INTERNATIONAL ECONOMIST, FOR
THE PERIOD OF JUNE 1 THROUGH SEPTEMBER 30, 1992, IN
THE AMOUNT OF $5,500.00; ALLOCATING FUNDS THEREFOR
FROM THE INTERNATIONAL TRADE BOARD BUDGET.
(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.
8. PRESENTATION OF PLAQUE BY CAROL CITY HIGH SCHOOL COACH, PAUL E. MOORE,
TO THE CITY -- COACH MOORE PRESENTS PLAQUE TO COMMISSIONER DAWKINS.
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, I have three pocket items I'd like to get
rid of.
Mayor Suarez: All right. Commissioner Dawkins.
Commissioner Dawkins: Coach Moore and Mr. Hunt, would you come forward
please? Mr. Moore... Mr. Hunt is the principal of Carol City High. Mr. Moore
Is the coach - come around here, please - of the girl's basketball team, who
has done a job, I think. And this city, even though this Carol City is in
the County and we have Miami High, Edison, Jackson and Northwestern in the
City, it's all one County, so the City of Miami is going to thank him for the
job that he did, is doing up there, and I'd like to present this plaque to him
from me and the rest of the Commission.
Commissioner Plummer: Where's the photographer?
Commissioner Dawkins: And it reads, "Presented to Coach Paul E. Moore in
recognition of your dedication and support to the Carol City Senior High Lady
Chief Varsity from the City Commission, City of Miami."
30 June 11, 1992
gob
Coach Paul E. Moore: On Monday night, we held our awards banquet, and there
was a special item on the agenda to give thanks to Commissioner Dawkins for,
not only the kind of support that he gave us this year, but over the last
several years, we have been the beneficiaries of the most total and great
support from Commissioner Dawkins. We call him the "godfather of our
program." So since we have him here today, we want to present him with this
plaque as a token of our appreciation for all he's done for our basketball
program.
Commissioner Dawkins: OK. I'd just like to say to Mr. Hunt and to Mr. Moore,
I accept this on behalf of this Commission, because the money that I gave to
them came from the City of Miami. It was not my money, and, therefore, all
five of us contributed to this. Thank you.
9. DISCUSS AND REFER TO MANAGER FUNDING REQUEST BY OPERATION POTENTIAL IN
ORDER TO PRESENT A POSITIVE IMAGE OF THE POLICE DEPARTMENT (OPERATION
POTENTIAL).
------------------------------------------------------------------------------
Commissioner Dawkins: The young lady for Operation Potential, will you come
to the mike, please? Mr. Mayor and fellow Commissioners, I don't understand
how we have a program called, "Operation Potential" and the flyer says,
"Operation Potential and City of Miami Police for a day of festivities in the
park." Here's a group that's working to present a positive image of the
Police in the City of Miami and they need $500, and I don't understand why
they would have to come before this Commission, but according to Joe, they did
not come to anybody else, and I'd like to see them get $500, especially since
we gave $20,000 to the "Watch America" program in allocation for the youth
crime. We gave $32,000 a few minutes ago to the Career Criminal program. So
I would MO,
t like for Joe to tell me that all they have to do is come to them
and get or if not, then I will move up here that we go through all this
for $500.
Commissioner Plummer: Can we ask why? Did they make application for the
money,...
Commissioner Dawkins: No, they did not.
Commissioner Plummer: ... from the Department?
Commissioner Dawkins: No, they did not. No, J.L.
Commissioner Plummer: Well, then I guess that's a good reason.
Commissioner Dawkins: No. Had they done this, they would not be here. You
can rest assured.
Commissioner Plummer: Are you making the motion?
31 June 11, 1992
s •
Commissioner Dawkins: Had they gone to the Manager, they would not have done
this.
Commissioner Plummer: Well, make the motion.
Commissioner Dawkins: Take this and go over to see the Manager. OK.
Mayor Suarez: All right.
10. (A) GRANT REQUEST BY DADE COUNTY SICKLE CELL FOUNDATION FOR CLOSURE
OF DESIGNATED STREETS CONCERNING ITS TWELFTH ANNUAL WALK.
(B) GRANT REQUEST BY MIAMI DADE COMMUNITY COLLEGE NEW WORLD SCHOOL
OF THE ARTS FOR CLOSURE OF DESIGNATED STREETS CONCERNING ITS
GRADUATION PROCESSION.
Commissioner Dawkins: The other one is that the Sickle Cell... Dr. Mack, will
you come to the mike, please? The Sickle Cell... I don't know why, but they
decided to move the Sickle Cell walk from Miami -Dade Community College to
within the City of Miami, and they need to close certain streets. I move that
Mr. Mack meet with the Manager and the Police Department to get the OK of the
closing of these streets, please.
Commissioner Plummer: Second.
City Manager Odio: Sir, closure of streets, you have to come here.
Commissioner Plummer: Yeah.
Commissioner Dawkins: Yeah, that's what I'm saying. That's what we did.
City Manager Odio: I cannot do it.
Mayor Suarez: Moved and seconded.
Commissioner Plummer: Can I include this one, Mr. Manager, in at the same
time? This is...
Vice Mayor Alonso: Do they know the streets now?
Commissioner Plummer: This is for the New World School of the Arts graduation
reception, going from their school to Gusman Hall. They've already cleared it
with the Police Department, and I would ask that this one also be included in
the street closure.
Commissioner Dawkins: OK. All right. OK?
Mayor Suarez: OK.
Commissioner Dawkins: I'll accept that amendment.
32
June 11, 1992
Mayor Suarez: So moved as to both. Do we have a second?
Commissioner Plummer: Yes.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolutions were introduced by Commissioner Dawkins, who
moved their adoption:
RESOLUTION NO. 92-383
A RESOLUTION RELATED TO THE SICKLE CELL ANEMIA WALK-A-
THON TO BE CONDUCTED BY THE DADE COUNTY SICKLE CELL
FOUNDATION, INC. ON SEPTEMBER 26, 1992; APPROVING THE
USE OF SIDEWALKS IN COCONUT GROVE, SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES; CONDITIONING ALL
APPROVALS AND AUTHORIZATIONS HEREIN UPON ORGANIZERS
PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND
FEES ASSOCIATED WITH SAID EVENT AND OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
RESOLUTION NO. 92-383.1
A RESOLUTION RELATED TO THE MIAMI DADE COMMUNITY
COLLEGE NEW WORLD SCHOOL OF THE ARTS GRADUATION
RECEPTION TO BE CONDUCTED ON JUNE 189 1992;
AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENT OF POLICE AND FIRE, RESCUE
AND INSPECTION SERVICES; CONDITIONED UPON THE
ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES AND FEES ASSOCIATED WITH SAID EVENT AND
OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT
AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolutions were passed
and adopted by the following vote:
33 June 11, 1992
AYES:
NOES:
ABSENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
None.
None.
11. CLASSIFY TWO SURPLUS POLICE PATROL CARS AS CATEGORY "B" -- AUTHORIZE
MANAGER TO SELL THEM TO THE POLICIA NACIONAL DE LA REPUBLICA DOMINICANA
OF SANTO DOMINGO, DOMINICAN REPUBLIC (SISTER CITY).
------------------------------------------------------------------------------
Commissioner Plummer: Are we talking still pockets?
Commissioner Dawkins: Yes.
Commissioner Plummer: A resolution...
Mayor Suarez: If you have any emergency matters you must bring up before this
Commission, please do so.
AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE RECORD.
Commissioner Plummer: I so move. Mr. Mayor, for the record, that's $1,000 a
car.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
34 June 11, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-384
A RESOLUTION CLASSIFYING TWO (2) SURPLUS POLICE PATROL
CARS, AS CATEGORY "B" SURPLUS STOCK, AND AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO SELL SAME, AFTER
THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS, TO
THE POLICIA NACIONAL DE LA REPUBLICA DOMINICANA OF THE
SISTER CITY OF SANTO DOMINGO, DOMINICAN REPUBLIC, AT
THE NEGOTIATED TOTAL PRICE OF $2,000; SAID PATROL CARS
TO BE USED BY THE POLICIA NACIONAL DE LA REPUBLICA
DOMINICANA IN ITS EFFORTS TOWARD DETERRING CRIME WITH
ALL TRANSPORTATION, PACKING, AND SHIPPING COSTS TO BE
BORNE BY THE SISTER CITY OF SANTO DOMINGO.
(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.
Commissioner Plummer: Thank you, Mr. Mayor.
12. APPROVE SELECTION BY DOWNTOWN DEVELOPMENT AUTHORITY (DDA) OF VILA & SON
(LOW BIDDER) TO UNDERTAKE LANDSCAPE / STREETSCAPE IMPROVEMENTS ALONG
ENTRANCE AND EXIT RAMPS FROM I-95 AT S.W. STH STREET, FROM STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY BEAUTIFICATION COUNCIL
GRANTS.
------------------------------------------------------------------------------
Commissioner De Yurre: Mr. Mayor, if I may. We have Matthew Schwartz here
from the DOA (Downtown Development Authority).
Mayor Suarez: Uh-huh.
Commissioner Plummer: What?
Commissioner De Yurre: There's a quick emergency item.
35 June 11, 1992
Commissioner Plummer: No, no, no.
Commissioner De Yurre: Sure, why not.
Mayor Suarez: Mr. Schwartz.
Commissioner Dawkins: Well, why is it when the Mayor was the chairperson,
we'd allow him this privilege? Now you don't want to give it to De Yurre.
Why?
Commissioner Plummer: I still want to abolish it. Hell, I don't make any
bones about that.
Mayor Suarez: That's OK. When a downtown area, residents vote to secede from
the City and de -annex , then you have them and...
Commissioner Plummer: Well, I'm glad to see that, finally, after two years of
my complaining, the downtown people are now starting to realize that the
ranger program isn't what they thought that it was.
Mayor Suarez: All right.
Commissioner Plummer: I've been saying it for two years.
Mayor Suarez: Is that what the issue is about?
Commissioner De Yurre: No. Not that I'm aware of. Go ahead.
Commissioner Plummer: What the hell is this?
Vice Mayor Alonso: This is on the beautification, isn't it?
Commissioner De Yurre: This is your pitch.
Mr. Matthew Schwartz: Yeah, this is the beautification...
Commissioner Plummer: No, this has nothing to do with the rangers.
Mayor Suarez: OK. I thought... I'm sorry. My confusion. Go ahead.
Commissioner Plummer: What is this? I don't know what it is.
Mr. Schwartz: The City Commission approved, last year, the DDA to submit an
application to the Florida Department of Transportation for beautification
money for S.W. 8th Street at I-95, and along heading east. The State has
awarded two contracts. This is all DDA funding to match the State. The City
Commission requested that we bring this back before the City Commission before
we contract. We have went through the procedures. We have selected, or
recommending to select, Vila Associates to do the landscaping. Part of the
work is going to be done by the Miami Service Corp which is funded by the City
through the CD process.
Commissioner Plummer: Was this put out to bid?
36 June 11, 1992
I-]
Mr. Schwartz: Yes, it was put out bid...
Commissioner Plummer: And how many bids...
Mr. Schwartz: ... following the same procedures the City... We had six bids.
Commissioner Plummer: How many bids did you receive?
Mr. Schwartz: Six bids.
Commissioner Plummer: Six? And this was the lowest?
Mr. Schwartz: This is the lowest, significantly lower.
Commissioner Plummer: Let me ask you a question. When you say 8th Street
under I-95, is that where the presently that school buses are being parked? -
Mr. Schwartz: No, no. I'm sorry. It's from east of I-95. It's the entrance
and exit ramp onto I-95 at 8th Street. This is a priority project of the =
Brickell Area Association. Landscaping, signage at the entry way.
Commissioner Plummer: And what of the money is going to maintain this
landscaping?
Mr. Schwartz: The DDA will be funding the maintenance of this. It's budgeted in our budget. The State required that. -
Commissioner Plummer: And what 1s the anticipated cost of maintenance and
upkeep? _
Mr. Schwartz: Since this is tow in maintenance, we estimate it would be about
$1,000 a year.
Commissioner Plummer: What's the recommendation of the chairman?
Commissioner De Yurre: Move it.
Commissioner Plummer: Second.
Mayor Suarez:
roll.
Moved and seconded. Any discussion? If not, please call the —
37 June 11, 1992
11
P-A
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-385
A RESOLUTION RATIFYING, CONFIRMING AND APPROVING THE
CITY MANAGER'S FINDING OF AN EMERGENCY AND REAFFIRMING
THE SELECTION OF VILA & SON TO PROVIDE
LANDSCAPEISTREETSCAPE IMPROVEMENTS ON SOUTHWEST EIGHTH
STREET BETWEEN I-95 AND SOUTHWEST THIRD AVENUE AND
BETWEEN WEST/SOUTHWEST AND EAST/SOUTHWEST FIRST
AVENUE; MAKING SAID SELECTION SUBJECT TO COMPLIANCE
WITH THE INVITATION TO BID'S MANDATED DOCUMENTATION,
AND PROVIDING FOR AWARD IN CASE OF DISQUALIFICATION;
FUNDING FOR SAID IMPROVEMENTS TO BE PROVIDED BY GRANTS
FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY BEAUTIFICATION COUNCIL REQUIRING MATCHING
FUNDS TO BE PROVIDED BY THE DOWNTOWN DEVELOPMENT
AUTHORITY; FURTHER AUTHORIZING THE CITY MANAGER TO
REIMBURSE THE DOWNTOWN DEVELOPMENT AUTHORITY FOR THE
GRANT AMOUNTS EXPENDED TO COMPLETE THE IMPROVEMENTS
UPON RECEIPT OF SAME FROM THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION.
(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.
13. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF JUDGEMENT AGAINST THE
CITY FOR $17,500 CONCERNING A CONFISCATED BOAT (See label 35).
Commissioner De Yurre: Mr. Mayor, the other item I have is from the Law
Department and I'll just turn it over to Mr. Jones.
Mayor Suarez: City Attorney.
City Attorney Jones: Yeah,...
38 June 11, 1992
Mayor Suarez: I gather this is a matter that would otherwise be on the
agenda, but it comes as an emergency because the judgment was just handed.
City Attorney Jones: Yeah.
Commissioner De Yurre: And to save interest payments,...
Commissioner Plummer: Which judgment?
Commissioner De Yurre: ... on top of things.
City Attorney Jones: This is...
Mayor Suarez: What is the amount of the judgment...
City Attorney Jones: This Commission...
Mayor Suarez: ... and the circumstance of the case?
City Attorney Jones: OK. This Commission, a couple of meetings ago, gave me
a directive to bring to you for approval any judgments that have been entered
on behalf of the City. As I advised you then, and I'll advise again, that
regardless of your approval, we are obligated to pay final judgments. This
particular case involves a marine vessel that had been previously seized.
During the course of storage, it was damaged, or sustained damage. The
particular claimant in this instance sought damages against the City for
damage that had been sustained. The court entered a final judgment against
the City in the amount of $17,500, plus interest in the amount of $5,541.78.
What I'd like to do is get your approval to go ahead and pay this. There is
no basis for appealing this, and of course, the longer we wait, the interest
continues to run, and that is the danger I have in every case that we have
Judgments that have to come before you for approval. So please be aware that
from the date of judgment, interest continues to accrue and in order to save
the City money, I'll have to continue to bring these up on an emergency basis.
Commissioner Plummer: Well, what was the reason, originally, that you had an
idea to sue rather than to settle?
City Attorney Jones: I'm not following you. The reason I had to sue rather
than settle.
Commissioner Plummer: Well, why did you go to a lawsuit to get a judgment...
City Attorney Jones: No, we didn't. The claimant did. This was...
Commissioner Plummer: OK. But why didn't the City settle with them
originally?
City Attorney Jones: I can't answer that, Mr. Plummer.
Commissioner Plummer: Well, who can? Somebody should. I mean, if we goofed
up, we goofed up. If the opinion is that we didn't goof up, then there's a
reason for a lawsuit. I'm asking who made the decision that we should have to
enter into a lawsuit rather than settle? From what you tell me, we
39 June 11, 1992
2
E
confiscated a boat, the boat was damaged at our problem.
then? Why go to a lawsuit?
Why didn't we settle
City Attorney Jones: Apparently, the Department - I can't answer for
Department - but apparently the Department...
the
Commissioner Plummer: Well, sir, I said if you can't, I want somebody who can _
answer the question. I mean, I realize the Law Department doesn't have a lot
of things to do, but I think that if, in fact, from what you're telling me, we
had the boat, the boat was damaged, it was cur fault, why did we go to court?
City Manager Odio: We lost.
Commissioner Plummer: It's not the idea we lost.
Unidentified Speaker: Commissioner, do you have a copy of...
Commissioner Plummer: No, sir. I don't have anything. This is a pocket
item. I got a better one for you, Mr. Mayor. We got one in which somebody on
a bicycle ran into one of our cars, was charged with the accident and we're
paying for it. And I've asked the City Attorney, and he's coming up with some
good answers, but let me tell you something. Party was charged, ran into ours
with a bicycle, and we're paying - what is it, $21,000?
City Attorney Jones: Yeah, I think that's it.
Commissioner Plummer: We are paying $21,000 for his mistake. Readily
acceptable. I would suggest that this matter be deferred until such time as
somebody can answer my question.
Mayor Suarez: At least tabled, since it's an emergency item in any event, and
brief the Commissioner.
Commissioner Plummer: Well, sir they can bring it back this afternoon...
Mayor Suarez: Yeah.
Commissioner Plummer: ... if somebody gets the answers.
Mayor Suarez: Exactamundo. All right.
AT THIS POINT, THIS ITEM WAS TABLED.
40 June 11, 1992
14. SECOND READING ORDINANCE: AMEND 10912 (WHICH ESTABLISHED INITIAL
RESOURCES / APPROPRIATIONS FOR SPECIAL REVENUE FUND: ASSET TRACKING) --
PROVIDE FOR INCREASE OF $34,500 AS A RESULT OF SUCCESSFUL APPLICATION
FOR ADDITIONAL GRANT FUNDS -- ACCEPT GRANT FROM U.S. DEPARTMENT OF
JUSTICE.
Mayor Suarez: Item 2. Second reading ordinance.
Vice Mayor Alonso: Move it.
Mayor Suarez: Moved by the Vice Mayor.
Commissioner Plummer: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll. Read
the ordinance. I'm sorry.
City Attorney Jones: I'm sorry, Mr. Mayor. What item?
Mayor Suarez: Item 2. Call the roll, please.
AN ORDINANCE -
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.
Passed on its first reading by title at the meeting of May 14, 1992, was
taken up for its second and final reading by title and adoption. On motion of
Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
1 41 June 11, 1992
E..
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10986.
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. :
15. SECOND READING ORDINANCE: AMEND 10913 (WHICH ESTABLISHED INITIAL
RESOURCES / APPROPRIATIONS FOR SPECIAL REVENUE FUND: GEOGRAPHIC —_
TARGETING PROGRAM) -- PROVIDE FOR INCREASE OF $65,000 AS A RESULT OF
SUCCESSFUL APPLICATION FOR ADDITIONAL GRANT FUNDS -- ACCEPT GRANT FROM
U.S. DEPARTMENT OF JUSTICE. --
Mayor Suarez: Item 3. Second reading.
Vice Mayor Alonso: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Second. Second.
Mayor Suarez: Second. Any discussion? If not, please read the ordinance.
Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING 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.
Passed on its first reading by title at the meeting of May 14, 1992, was
taken up for its second and final reading by title and adoption. On motion of
Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
42 June 11, 1992
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10987.
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.
16. SECOND READING ORDINANCE: REPEAL 10948 -- AMEND CODE ARTICLE II
(BURGLARY AND ROBBERY ALARMS) OF CHAPTER 3.5 (ALARM SYSTEMS), BY
DELINEATING THE QUALIFICATIONS OF BURGLAR ALARM SPECIALTY ELECTRICAL
CONTRACTORS AND SETTING FORTH PROVISIONS DEALING WITH FALSE ALARMS,
etc. -- AMEND SECTIONS 3.5-22, 3.5-23 AND 3.5-29.
------------------------------------------------------------------------------
Mayor Suarez: Item 4.
Vice Mayor Alonso; Move it.
Commissioner De Yurre: Second.
Mayor Suarez: Second. 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, please.
Commissioner Plummer: Am I... No, no. Hold on.
Mayor Suarez: Yes. I'm sorry.
Commissioner Plummer: Hold on.
Mayor Suarez: Hold the roll.
Commissioner Plummer: For my edification, and others, tell me exactly what
this is doing for those people who do not have valid permits. What is this
doing?
Assistant Chief Raul Martinez: What this is doing, Commissioner Plummer, for
those that do not have a permit, we will respond up to four times, and they
will be notified to make sure that after four that they've been notified, they
are being fined. And there is a fine schedule.
43 June 11, 1992
l�
Commissioner Plummer: And what is the schedule of the fine? First, second,
third and fourth.
Assistant Chief Martinez: I don't have that right in front of me, sir, but I
think it begins at...
Commissioner Plummer: Did you not write the ordinance?
Assistant Chief Martinez: My staff did, sir. I didn't bring it up with me.
Commissioner Plummer: And your staff didn't inform you what it contains?
Assistant Chief Martinez: They did inform me. I don't have it in my hand.
If you let me go back...
Commissioner Plummer: Well, who's got the answers? Mr. Manager.
Assistant Chief Martinez: I'll get it for you.
City Attorney Jones: Here it is. Let's see. The schedule is as follows:
there's a billing of $150. A $50 fine for each subsequent police response to
an activation by an alarm system for which no alarm permit has ever been
issued.
Commissioner Plummer: Is that all four, or does it graduate on the one, two
three, four.
City Attorney Jones: It graduates. It goes further. There's a $100 fine for
each response to an activation by an alarm system for which the alarm permit
has not been renewed. And there's a discontinuance provision.
Assistant Chief Martinez: So, it's $150 . Right?
City Attorney Jones: Yeah.
Commissioner Plummer: It's not like the person who has a permit?
Assistant Chief Martinez: No.
City Attorney Jones: No.
Commissioner Plummer: The person who has a permit, theirs is a graduated
upwards per alarm after certain sequence. Is that correct? Now, Mr. City
Attorney. Are we creating a liability for the City - and I'm concerned about
this - at such a point in which we do not respond? - keeping in mind, that if
someone calls the Police Department, they will respond. But that if a company
calls the Police Department, after that point has been reached, they will not
respond.
City Attorney Jones: No, I think, Commissioner, as long as we have advised
them of the changes, and they have been so advised of the changes in the
ordinance, as long as we give them notice...
44 June 11, 1992
Commissioner Plummer: How do you notify somebody who doesn't have a permit?
Are you talking about after the four alarms, is that what you are talking
about?
City Attorney Jones: Yes.
Commissioner Plummer: Even if the four alarms occur in the same day?
Assistant Chief Martinez: After each one.
City Attorney Jones: After each...
Assistant Chief Martinez: After each...
City Attorney Jones: After each...
Assistant Chief Martinez: ... alarm, they'll be notified, sir.
City Attorney Jones: Yeah.
Commissioner Plummer: OK. But you are aware, Mr. Attorney, are you not, that
the Police Department will respond every hour? Every sixty minutes of every
alarm call, they will send another car out. We've had cases where they have
sent eight, 10 and 12 cars out a day...
City Attorney Jones: Um-hmm.
Commissioner Plummer: ... for alarms.
City Attorney Jones: Um-hmm.
Commissioner Plummer: So we're aware of that?
City Attorney Jones: Yeah.
Commissioner Plummer: OK. And you are saying that there will be a point that
people will not have the protection of the Police Department from burglar
alarms? And you don't feel that creates a liability?
City Attorney Jones: No, I don't. I think that the...
Commissioner Plummer: OK.
City Attorney Jones: ... ordinance is drafted such that there is adequate
notice provisions and it's completely reasonable.
Commissioner Plummer: Mr. Manager, I sent you, sir, a thing from the City of
Coral Gables in reference to the one that is a very, very annoying thing, and
that is that people who do not and will not come down and turn off their
alarms, that the City of Coral Gables obviously have found a way to address
that problem. Where is the conclusion of you agree or disagree with that?
City Manager Odio: I sent you that. That's in your office.
45 June 11, 1992
Commissioner Plummer: I'm sorry, sir.
City Manager Odio: It should be sitting in your office. As a matter of
fact...
Commissioner Plummer: It should be?
City Manager Odio: It is in your office.
Assistant Chief Martinez: Yeah, Mr. Plummer, just to further on that. Our
ordinance mandates that before they get a permit, they must have the cutoff
switch. If they don't have that cutoff switch, they will not get a permit.
Commissioner Plummer: Does our ordinance provide, sir, that you can go in and
deactivate the alarm, as the City of Coral Gables?
Assistant Chief Martinez: No, sir.
City Manager Odio: Our ordinance...
Commissioner Plummer: Well, what are you accomplishing if...
City Manager Odio: Our ordinance is...
Commissioner Plummer: ... my neighbor has an alarm...
City Manager Odio: It's better than the Gables.
Commissioner Plummer: ...that is ringing for three straight days...
Lt. Longueira: Automatic reset.
Assistant Chief Martinez: Automatic reset.
Commissioner Plummer: ... and it's an alarm...
City Manager Odio: No.
Commissioner Dawkins: I make a motion that Miller Dawkins go and study the
one at Coral Gables and come bark.
Commissioner Plummer: ... that you can hear to Bayshore Drive...
City Manager Odio: The ordinance that we have is better than the one in Coral
Gables.
Commissioner Plummer: Not if you can't deactivate and turn off the alarm,
sir.
Mr. Odio: They have automatic reactivators.
Lt. Longueira: Ours mandates that you have an automatic reset switch in it,
by ordinance.
46 June 11, 1992
A*
Commissioner Plummer: You are
thousands that literally exist now.
talking about for new alarms.
Not the
Assistant Chief Martinez: For any alarm that's permitted by the City of
Miami, it must have...
Commissioner Plummer: You are telling me that in this year, before you issue
new permits, they are going to have to prove that they have the cutoff switch.
Is that correct?
Assistant Chief Martinez: That is part of the permitting procedure, sir.
Commissioner Plummer: No, no. You didn't understand me. Let me ask again.
This year before you issue the new permits, you are going to demand proof that
they have cutoff switch installed?
Assistant Chief Martinez: For new permits, yes. For renewals, that's been
the same thing for the last few years. When they got the first permit, when
they initially installed the alarm, they had to show proof that they have the
cutoff switch. If you come...
Vice Mayor Alonso: So all of them.
Assistant Chief Martinez: So they all must have it.
Commissioner Plummer: OK. I'll be around to remind you, sir.
Assistant Chief Martinez: Yes, sir.
Vice Mayor Alonso: A comment in reference to what Commissioner Plummer just
said. He made reference going to the same location three, four times in one
day. If we identify that there is a problem with that alarm, we don't return
to the property, do we?
Commissioner Plummer: Oh, yes.
Vice Mayor Alonso: Why should we, if we establish that there is something
that is defective, we identify and we can contact the person and say this is
defective, we should not respond several times to an alarm that we know that
is defective that particular day. Can we put something...
Commissioner Plummer: Liability.
Vice Mayor Alonso: ... in effect that will guarantee that we don't have to go
back? If we had not identified that the alarm is defective, we cannot make
the adjustment. But if we did, could we just go once and see if they are
working on this equipment? Something is wrong with the equipment today. What
should we send...
Commissioner Plummer: Let me tell you your problem, Miriam.
Vice Mayor Alonso: I mean this is an unusual situation. This is not common
case, I hope, but can we have something in effect that will prevent that from
happening, or the common sense that the Police Department, I am sure, has will
just handle this, this way.
47 June 11, 1992
Asst. Chief Martinez: What Commissioner Plummer was talking about if the
alarm goes off at one o'clock in the morning. The officer responds, he sees no
break, he fills out the false alarm reports. He doesn't know if the alarm is
activating well or not activating well, but he doesn't see a break. He
leaves. Half an hours later, the alarm goes off again. We must respond
because we don't know if now is a real break.
Vice Mayor Alonso: Yes, ah, huh.
Asst. Chief Martinez: And that can happen three or four times during the
night. Hopefully, the owner has gotten there by then and deactivated the
alarm, or has notified us, OK, there is a problem with the alarm, don't
respond anymore, and we make those assumptions. But those are really
exceptions to the rule when something like that has happened.
Commissioner Plummer: One of the problems that we had here for quite awhile
was that burglars were going to a residence or business, they were banging on
the wall, setting off the alarm, leaving. The police would come. They would
leave. They would go back and rob the place and the police would not be in a
hurry to go back because they thought it was another false alarm. That was
the problem existing in it. For quite awhile it did happen. My concern is
the fact that your concern and liability about responding a number of times,
but you are not concerned about responding after the fourth for non -permitted.
That concerns me.
Mr. Greg Gracer: Commissioners, may I address that? May I introduce myself?
Mayor Suarez: Well, we were about to vote on it, if... And I have a feeling
that no one has raised strenuous enough objections to vote against it, if you
have... if you want to lead us...
Mr. Gracer: I just have...
Mayor Suarez: ...in the direction of...
Mr. Gracer: I would like to give you some input on the profile of the
ordinance as it is right now. I have been before you before.
Mayor Suarez: Well, the thing is this Commission is going to vote, I think,
on the side, and finally after many discussions, I think it is going to vote
favorably. Are you going to try to tell us to vote against this?
Mr. Garcer: Negative. I am in support of what the police have developed so
far.
Mayor Suarez: Then I would strongly recommend you don't say one more word so
that we can vote and have the ordinance in place. How's that?
Mr. Garcer: That is fine. I just wanted to address Mr. Plummer's concern
about liability.
Mayor Suarez: I wouldn't do that.
48 June 11, 1992
Mr. Garcer: All right. I'll leave it alone.
Mayor Suarez: You could do that with him privately, over lunch, tonight, over
drinks,...
Commissioner Dawkins: Next week.
Mayor Suarez: ...tomorrow, over breakfast, next month, in the middle of the
ocean, whatever you want to do, but please let us vote on this and get on with
our agenda.
Mr. Garcer: Fine. If your...
Mayor Suarez: If you are supportive.
Mr. Garcer: I just...
Commissioner Dawkins: I will buy lunch for you and him to discuss it.
Mayor Suarez: Very good.
Mr. Garcer: I appreciate that. Thank you.
Mayor Suarez: We have a motion and a second, do we?
Ms. Hirai: Yes, sir.
Mayor Suarez: Read the ordinance. Did you already?
Ms. Hirai: It's...
Mayor Suarez: It's been read?
City Attorney Jones: It's been read.
Mayor Suarez: Call the roll, please. Quick.
49 June 11, 1992
1.1
AN ORDINANCE -
AN ORDINANCE REPEALING ORDINANCE NO. 10948, ADOPTED
FEBRUARY 13, 1992, 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.
Passed on its first reading by title at the meeting of May 14, 1992, was
taken up for its second and final reading by title and adoption. On motion of
Vice Mayor Alonso, seconded by Commissioner De Yurre, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10988.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
50 June 11, 1992
i
------------------------------------------------------- — -----------
17. SECOND 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 -- EXECUTE NECESSARY
AGREEMENTS WITH DADE COUNTY.
Mayor Suarez: Item 5.
Vice Mayor Alonso: Moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll. I am
sorry. Read the ordinance. Call the roll, please.
AN ORDINANCE -
AN ORDINANCE. RELATING 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.
Passed on its first reading by title at the meeting of June 11, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner De Yurre, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Al cr;so
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10989.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
51 June 11, 1992
------------------------------------------------------------------------------
18. (A) SECOND READING ORDINANCE: AMEND CODE CHAPTER 45.5 (PUBLIC
NUISANCE), WHICH PROVIDED FOR CREATION OF A NUISANCE ABATEMENT
BOARD -- DECREASE TIME FRAME FOR NUISANCE COMPLAINTS --
ESTABLISH ALTERNATIVE REQUIREMENT TO SUPPORT FINDINGS OF PUBLIC
NUISANCE IN LIEU OF A CERTIFIED CONVICTION -- ADD REGULATIONS
FOR YOUTH GANG -RELATED NUISANCE ACTIVITIES -- CHANGE BOARD
REQUIREMENTS TO INCLUDE RESIDENCY OR BUSINESS OFFICE WITHIN CITY
LIMITS, etc.
(B) COMMISSION CONGRATULATES CODE ENFORCEMENT BOARD ON TIMELY
REMOVAL OF POLITICAL SIGNS.
Commissioner Dawkins: Move 6.
Vice Mayor Alonso: And I guess... Yeah 6.
Commissioner Dawkins: Move 6.
Vice Mayor Alonso: Second.
Commissioner Dawkins: Any discussion on 6? Read the ordinance.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.)
Commissioner Dawkins: Where is J.L. Plummer? J.L., we are on the Nuisance
Abatement.
Mayor Suarez: Hooray! Call the roll.
Vice Mayor Alonso: Just a minute. Under discussion.
Mayor Suarez: Vice Mayor Alonso.
Vice Mayor Alonso: All of the points that is modified in the first reading
were included in this...
City Attorney Jones: Yes, Ma'am Vice Mayor.
Vice Mayor Alonso: OK. Fine.
Mayor Suarez: Thank you. Call the roll.
Commissioner Plummer: Is it the Nuisance Abatement Board...
Mayor Suarez: Don't call the roll.
Commissioner Plummer: ...or that useless code enforcement that got the
political signs?
City Manager Odio: It was the Code Enforcement Board that got the signs.
52 June 11, 1992
L
Commissioner Plummer: And may I send my congratulations. They finally have
done something worth while.
City Manager Odio: In fact it was neither board that got the signs.
Commissioner Plummer: So much so that I see they even got the ACLU (American
Civil Liberties Union) upset. Isn't that nice!
City Manager Odio: It wasn't even the boards that got it. It was the
inspector for the City of Miami.
Commissioner Plummer: That's great. Send my congratulations. When they do
something right, I want to congratulate them.
City Manager Odio: I can't believe it.
Commissioner Plummer: It is so unusual that I want to do it.
City Manager Odio: I cannot believe my ears.
Mayor Suarez: The letters have not been sent to the Judicial Qualifications
Commissions yet, Mr. City Manager. Please make sure they do. I think that
will be very, very effective. Call the roll.
(AT THIS POINT, THE CITY CLERK BEGINS TO CALL THE ROLL.)
Commissioner Plummer: Just for the record, Mr. Mayor. Your recommendation I
don't think really worked as well as we want or they didn't do it...
Commissioner Dawkins: Just a minute, J. L. Before you leave, we want to
thank you for coming, and ask you to come again.
----------------------------------------------------------
NOTE FOR THE RECORD: At this point, Mayor Suarez
recognizes the presence of students from the Silver Bluff
Elementary school.
----------------------------------------------------------
Mayor Suarez: What's the name of the young man here who is promoting our City
in such a colorful way?
Unidentified Speaker: Anthony.
Mayor Suarez: Anthony, we are happy you are telling the whole world how much
you like Miami with that T-shirt.
Vice Mayor Alonso: Great.
Mayor Suarez: We haven't gotten a chance to get you on the microphone, and I
don't think we will, but in any event...
Vice Mayor Alonso: But we will applaud.
53 June 11, 1992
Mayor Suarez: And I think this young lady should not be coming back too much,
this one here, because the one...
Vice Mayor Alonso: Yeah. So it can be shown to the world. Stand up so the
camera can catch it.
Mayor Suarez: There you go. Get him on the City's... Can you turn around
and look at the camera? And you the young... This young lady here too. She
seems to figure out what's going on. Because she... I caught her she knows
what's going on here. Would you stand up, Miss?
Commissioner Dawkins: There is a class going out over there. Get them also.
Mayor Suarez: There you go.
Commissioner Dawkins: Turn around. Turn around now.
Vice Mayor Alonso: Turn around.
Commissioner Plummer: Now when the question is asked. Does your mother know
where you are, you can truthfully say yes.
Mayor Suarez: OK. Thank you.
Commissioner Plummer: Mr. Mayor, you made a comment...
Ms. Hirai: Excuse me, need to call the roll.
Commissioner Plummer: ...in the roll call. I am well aware. You made a
comment the other day, Mr. Mayor, that if the Administration would so inform
the JDQ...
Mayor Suarez: The JQC, the Judicial Qualifications Commission.
Commissioner Plummer: Mr. Manager, it was the Mayor's opinion that if you
notified them that these people were putting up signs prior to qualifying,
that they would force them to take the signs down. Did you so notify them,
sir, and may I see a copy of what you did, because there...
Mayor Suarez: I don't think they did.
Commissioner Plummer: Well, you know, here again, we set the policy and
nothing is done. I am sorry, sir. I think, you know, the Mayor gave explicit
instructions, which we all concurred with, and yet, I don't see any of those
judges running out or, judges to be, hopeful to be, tearing their signs down.
So I am going to vote yes on the Nuisance Abatement Board, but I am waiting
and I will wait, hopefully, prior to lunch to see how they were notified, sir.
I am assuming by letter, would be the customary...
Mayor Suarez: And by the way, if you do have an ACLU challenge, please let me
know, Mr. City Attorney. I think we have many legal volunteers to be on the
other side of that.
54 June 11, 1992
City Attorney Jones: You know, I've been contacted by the ACLU and I feel
comfortable...
Mayor Suarez: OK. Put if you do have a challenge let's get those lawyers out
there, those eager beaver types. Those pro bono types, because I think the
ACLU is going to embarrass itself on that one.
Commissioner Plummer: Yeah, well. Speaking of that...
Vice Mayor Alonso: May I make reference to the signs?
Commissioner Plummer: Go ahead.
Vice Mayor Alonso: I believe the City of Miami is taking down signs in
private property. I think we better notify the owners before we do any of it.
And it is happening and I don't think it is appropriate. Even when a person
Is in violation I believe we have to notify the individual. Put them on
notice and at least give them a reasonable amount of time. If we consider in
these cases the time is 24 hours, that's fine. But some kind of notice...
Commissioner Plummer: I agree.
Vice Mayor Alonso: ...should be given to them, and I have had many calls in
my office that the signs came down without any notification and, in fact, it
has happened on private property. People don't appreciate people coming to
the properties and taking down signs, and I think we should avoid that.
[INAUDIBLE RESPONSE] Yes. Very aggressively they went to enforce the law and
I think we went one step too far.
Commissioner Plummer: Well, giving them 24 hours notice I think is definitely
what they should do.
Vice Mayor Alonso: Exactly.
Mr. Juan Gonzalez: Mr. Mayor, members of the Commission. Juan Gonzalez,
Planning Building & Zoning, Code Enforcement. Our department has sent all
candidates as of... as announced as of June 1st 192, and the official list of
the Dade County Elections Department. We have mailed them a letter explaining
the regulations concerning sign placement inside the City limits. We have
issued violations on private property. We have removed some signs only in the
public right-of-way, nothing on private property. After, we cite the owner
for the removal of the signs. However, we have not, to my knowledge, ever
gone into private property and removed any signs without either permission of
the owner, or the owner himself being cited to remove the signs.
Commissioner Plummer: Sir, do you listen to the Commission meetings?
Mr. Gonzalez: Occasionally, sir, when I am invited in.
Commissioner Plummer: Do you know.
of this Commission is?
Mr. Gonzalez: Yes, sir.
Does somebody inform you what the policy
55 June 11, 1992
Commissioner Plummer: Why didn't you follow it?
Mr. Gonzalez: We did follow it, sir.
Commissioner Plummer: Know you did not, sir. May I see proof of what
the
Mayor asked you, the Administration, to do. To notify the JQ...
Mayor Suarez: C.
Commissioner Plummer: ...C...
Mayor Suarez: Judicial Qualifications Commission, which...
Commissioner Plummer: May I see your copy of the letter to those people so
informing them as was set the policy of this Commission?
Mr. Gonzalez: We do have copies of letters to each candidate.
Commissioner Plummer: Sir, my question, again, may I see the copy as
the
Mayor requested to the JQC.
Mr. Gonzalez: OK. Mr., Commissioner Plummer, I got to research if we
did
send the elections...
Commissioner Plummer: Sir, did you do it or didn't you?
Mr. Gonzalez: I have to go back and check if we sent those letters to
the
elections board.
Commissioner Plummer: Well that's what I am asking. Does anybody around
here
know what's going on?
Mr. Gonzalez: As far as signs, ah.
Commissioner Plummer: Are you the head, sir.
Mr. Gonzalez: I am Chief of the Code Enforcement section.
Commissioner Plummer: All right. Would it not be reasonable that you, as the
Chief, would know whether a letter was sent out over your signature or not,
and you don't recall?
Mr. Gonzalez: No. Commissioner Plummer, recently I did have a supervisor,
Mr. Canton, who was sent to one of the NET (Neighborhood Enforcement Team)
administration areas.
Commissioner Plummer: How long ago, sir?
Mr. Gonzalez: A few weeks ago.
Commissioner Plummer: Ah, huh.
Mr. Gonzalez: He didn't send the letters out under his signature. I have all
the letters...
56 June 11, 1992
2
Commissioner Plummer: To the JC, QC?
Mr. Gonzalez: To the candidates. I am not sure about the JCQ.
Commissioner Plummer: Sir, forget about that. You know you keep pushing what
is not the policy of this Commission. The Mayor...
Vice Mayor Alonso: Commissioner, what I believe that it is putting too much
emphasis and the responsibility of the head of this department. I believe
that if it is the responsibility, it should be the City Manager to notify
them, because maybe they were not present, they were in the period of time
that Mr. Canton was moving to other responsibilities, and they were not
notified and I think it has...
City Manager Odio: He's saying that is the policy. I went to look for the
resolution.
Commissioner Plummer: I ask the question.
Vice Mayor Alonso: ...to be requested of them by form of a memo..
Commissioner Plummer: I predicated my comments on, did he watch the
Commission meetings. Does he know?
Mayor Suarez: Can we just get... I got an idea. Can we just get, Juan, Mr.
Manager, sir, copies of all the letters to...
City Manager Odio: I will send out one today. Yup.
Mayor Suarez: Wait, wait. No, no. We are going to do this another way. If
the Commission has no problem with this. Copies of the letters...
Commissioner Plummer: Sir, we...
Mayor Suarez: ...that you have sent, Juan, to my office today, and I will
make sure that I notify the Judicial Qualifications Commission with copies of
each of the letters we have sent. How is that?
Mr. Gonzalez: Mr. Mayor, we have the...
Mayor Suarez: Today. We'll do it today.
Mr. Gonzalez: ...copies right here. We have them right here, sir.
Mayor Suarez: I want to do this... This is going to be a test to see if we
can get something done 1n a few hours.
Mr. Gonzalez: We have the letters right here, sir. All we have to do is copy
them.
Vice Mayor Alonso: And also I think...
57 June 11, 1992
Mayor Suarez: I have a feeling it is going to have a great impact, and then,
you know, we'll see whether it worked or not. If it doesn't... Yes, I am
sorry, Madam Vice Mayor.
Vice Mayor Alonso: Yes, and I also think we should look into the possibility
of placing some sort of a set amount that candidates pay, let's say five
hundred dollars, a thousand dollars, whatever we decide. And that is kept as
a guarantee that the signs are going to be removed. ---
Mayor Suarez: Oh, I like that. I like that.
Commissioner Plummer: Can't do it.
Mayor Suarez: A nice little...
Commissioner Plummer: You cannot do it.
Vice Mayor Alonso: Commissioner Plummer I don't know why we cannot do it...
City Attorney Jones: Madam Vice Mayor.
Vice Mayor Alonso: ...when in fact it's done in Dade County. I myself have
paid to different municipalities five hundred dollars, including Miami Beach.
They required this...
City Attorney Jones: Well.
Vice Mayor Alonso: ...and I recall another municipality that also requires
this amount. It's legal for them? It should be legal for the City of Miami.
We put the amount. If they don't remove the signs, and then we will not have
to be concerned so much about something that could be resolved very easily.
We have the money, they don't remove the signs, then we proceed to do so.
City Attorney Jones: Madam Vice Mayor, the problem with that, is that that is
really a prior restraint on first amendment. We had a similar challenge back
in 1983 where our ordinance used to require a fee to be paid to cover exactly
what you are saying to insure that the signs were maintained properly, or in
the event there was damage, whatever, it would pay for those costs. Federal
Court...
Vice Mayor Alonso: How do they do it in Miami Beach?
City Attorney Jones: Well, apparently no one has challenged it, but I can
assure you that that was part and parcel of the suit that former Commissioner
Corollo brought against the City and, of course, the Federal Court struck that
provision down in our ordinance. So I just caution you that that issue, as
far as the City of Miami is concerned, has already been determined.
Vice Mayor Alonso: So you mean we cannot do it, but other municipalities can.
City Attorney Jones: Well, I am not saying that they can. Apparently if
someone were to challenge it, that's a different question. But I can assure
you that that issue has already been decided against us, definitively, by a
Federal Court.
58 June 11, 1992
e
Vice Mayor Alonso: If we word the guarantee... we were to say it differently
from the way we worded it before, would we get away with it?
City Attorney Jones: Well, I don't think so. Because the issue still at the
forefront is whether you are placing a prior restraint on a person's ability
to express his or her views, and I am very confident that the court would find
that it is a prior restraint.
Vice Mayor Alonso: Well let me tell you something. Then they are going to
take us to court...
City Attorney Jones: Yeah.
Vice Mayor Alonso: ...to say that we don't allow... because for example, we
are up here, we are five Commissioners, well known, name recognition, I
believe the person that does not have the funds to run a campaign... That's
the way to express and get their names known. And we would be limited the
right that they have to express themselves. So, wouldn't be then the same
case? We don't allow signs.
City Attorney Jones: No. I don't think that would be the same thing.
Commissioner Plummer: The only thing... Madam Commissioner, if I may...
Vice Mayor Alonso: Well, we will see. We will end in court.
Commissioner Plummer: If I...
Vice Mayor Alonso: I find the signs... I think it is appropriate at election
time, and I think we should have some sort of regulations where we have a
certain amount to remove them, as they do in other locations... You tell me
we can't. We should perhaps look into the possibility of something different,
but I believe, yes, it is right that they have to express themselves and to
let the people know that they are running, and also letting the world know
that not everybody has money to buy TV time or Miami Herald ads, and I think
it is a proper way to do it, and perhaps we should... Not today, because this
is taking too much time, but it should be part of the agenda for discussion,
and look at this in a better way.
Commissioner Plummer: What do you mean after November.
Vice Mayor Alonso: I know my neighbor here hates the signs. I don't feel
like him. I have no problems with it. If... Especially if we have funds to
remove the signs.
Commissioner Plummer: We'll look into it after November.
Vice Mayor Alonso: No. It will have to be done before...
Commissioner Plummer: Next year.
Vice Mayor Alonso: ...and I will be running in November, and I want to hear
this before. So I would like to see it, perhaps, in the next Commission
meeting.
59 June 11, 1992
Commissioner Plummer: Madam Vice Mayor, let me just give you a little bit of
background. We were...
Vice Mayor Alonso: Oh, I have heard you through the years, Commissioner.
Commissioner Plummer: We have a... We were sued by one of our own colleagues
in reference to this to eliminate... [INAUDIBLE RESPONSE] Well, you never
know what he is going to do. To eliminate that of putting up a bond to take
the signs down afterwards. As I recall the only thing we were able to do in
court, and establish in court, is that we could regulate the size of signs.
And that's what we did. We put in a sign ordinance relating to, even on
private property, that signs, as I recall, could only be four by four...
Mr. Gonzalez: Four square feet in residential. Fifteen square feet in
commercial.
Commissioner Plummer: Yeah. That was the only thing we were able to really
accomplish without getting thrown out of court. We tried to establish this
bond for the removal. The court threw it out. So maybe there is another way
we can attack it. I don't know.
Vice Mayor Alonso: Let's look at how Miami Beach is doing it, and getting
away with it.
Mr. Gonzalez: There is an interpretation by one of the Assistant City
Attorneys on the Miami Beach ordinance, and the Miami ordinance. And we can
enforce our Miami ordinance.
Commissioner Plummer: Well, I was told by the Coral Gables... When I asked
the Coral Gable's ordinance how they are able to regulate it, and that is I
was told that they do it because their sign ordinance is complete for every
kind of sign, where we were only speaking to political signs.
Mayor Suarez: OK. Let's call the roll on the ordinance, please.
60 June 11, 1992
11
AN ORDINANCE -
13
AN ORDINANCE AMENDING CHAPTER 45.5, 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.
Passed on its first reading by title at the meeting of May 14, 1992, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Dawkins, seconded by Vice Mayor Alonso, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
61 June 11, 1992
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10990.
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.
-----------------------------------------------------------------------------
19. REQUEST MANAGER TO PRESENT A RECOMMENDATION CONCERNING BEST POSSIBLE USE
FOR CITY -OWNED PROPERTY PRESENTLY OCCUPIED BY THE CUBAN MUSEUM OF ART
AND CULTURE.
Mayor Suarez: Item 7. Second reading.
Commissioner Plummer: Mr. Mayor, we were supposed to get an update every
Friday morning at nine o'clock in reference to the Cuban Museum. I have not
received anything...
City Attorney Jones: Not on the Cuban Museum. Cuban Museum...
Commissioner Plummer: Yes, sir. As to what was happening with the Cuban
Museum. Have you filed whatever the Mayor asked you to file?
City Attorney Jones: The only thing... My recollection was you... The
Manager advised you some meetings ago that they were in the process of putting
together requests for proposals.
Commissioner Plummer: The Cuban Museum?
City Attorney Jones: Yes.
Commissioner Plummer: No, sir. My recollection...
City Attorney Jones: Yes, sir.
Commissioner Plummer: ...was that both the Mayor and the Vice Mayor spoke as
to where we are. And your recollection as I recall was...
Mayor Suarez: We were going to get a weekly report on how fast we were moving
towards...
Commissioner Plummer: Yeah. And I've heard nothing and I ask that that be
given to us every Friday morning at nine o'clock.
City Manager Odio: That's not accurate.
Commissioner Plummer: Not you, sir. The City Attorney.
City Manager Odio: No. That is not accurate. What we left it at was that
the Fire Department was going to do a feasibility on the calls for rescue that
y they have in that area to justify that the Cuban Museum building should be
returned back to the Fire Department as a fire station.
62 June 11, 1992
Commissioner Plummer: Well I also recall the question...
City Manager Odio: And we have been doing a very in-depth study, call by
call, of that area to be able to put that report together so that it will hold
up in court. That's where it's going.
Commissioner Plummer: OK. But also the question was is what was our legal
status, and where... I don't know. That's what I am asking.
City Attorney Jones: Well, I advised this Commission in memorandum form, and
I advised you verbally that the status that they have is really as a hold over
tenant, month to month tenant, as a result of the...
Mayor Suarez: I thought we had... I thought we wanted, you know, fairly...
Commissioner Plummer: That's what I thought you asked.
Mayor Suarez: ...frequent reports. I don't remember a weekly thing, but
whatever.
Commissioner Plummer: In other words what is our status? I mean supposedly
we own the property, we are not collecting rents, and all I am asking is to
tell me where we are? You know, I don't understand things where I own
something, they use it, but I can't tell them what to do.
City Attorney Jones: Well, what has happened, Commissioner, as a result of
the litigation is, you know, the court imposed a judgement saying that our
attempt to evict them was tantamount to violating their first amendment
rights.
Mayor Suarez: We know that during, that lease...
Commissioner Plummer: We know that, but does that mean...
City Attorney Jones: So, what I am telling you...
Mayor Suarez: ...but now the lease has expired. We have indications...
City Attorney Jones: No. What I am telling you...
Mayor Suarez: ...from the court that we can take back our property...
City Attorney Jones: What I am...
Mayor Suarez: ...if we do it in a way that shows we have a proper purpose...
City Attorney Jones: And that...
Mayor Suarez: ...and motive for doing it. You are preparing a study...
City Manager Odio: Should be ready...
63 June 11, 1992
Mayor Suarez: ...to back up the need for it as a fire facility, fire station
facility of some sort.
City Manager Odio: Should be ready in two weeks. We do know now that it's
going to cost to convert back to a fire station, two hundred and fifty
thousand dollars, but as far as the calls, we are running them through the
computer so we can justify the use of that building as a fire station.
Commissioner Plummer: Well, that's... I guess maybe my point goes a little
deeper. Mr. City Attorney, are you telling me that based on what you know of
the court action, that they just could stay there infinitum?
City Attorney Jones: Ad infinitum until such time as the City takes some
action, legitimate action, that would not be.., arise to the level of what
happened before.
Commissioner Plummer: And cancel...
Vice Mayor Alonso: Go back to court and ask.
Commissioner Plummer: Well that's what I thought we were doing.
City Attorney Jones: No. No we went... Please let me explain to you. I mean
we have gone full circle with this, and I've explained it to you, and I will
explain it to you again. I've told you before, and I will continue to tell
you, that what was done when we tried to evict them, the court found that it
was a violation of the first amendment. In meeting with you I told you that
we need to take some action on the property that cannot be interpreted as
violating their first amendment rights. This is what the Manager's intending
to do. To find... Justify legitimate use of the property so that the proper
notice can be done if it is, in fact, going to be converted into a firehouse,
it would be legitimate. The issue would have to be forced. In terms of what
you just indicated, Madam Vice Mayor, we attempted to get an opinion from the
court on that as to what we could do with the property. That, as the court
noted, is an advisory opinion and federal courts are prohibited, by the
constitution, from providing advisory opinions. So what I have indicated and
the Mayor has proceeded with, is to do something to force the issue, such that
if he... This Commission does decide that it wants to turn it back into a
fire station, or whatever, and for whatever reason they feel that their rights
are still being violated, we can go back to court. But the issue is not ripe
until we do something.
Commissioner Plummer: Why do we write leases? Their lease is long out. We
wrote a lease and they are still there. Does that mean that a lease means
nothing?
Commissioner Dawkins: Mr. Mayor?
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: I make a motion that this Commission instruct the
Manager to obtain, repossess, or whatever, the Cuban Museum, and use it as the
Central Headquarters for the NET (Neighborhood Enhancement Teams) Program
because we do need some place in which to coordinate the NET Program. I so
move.
64 June 11, 1992
Commissioner Plummer: Very smart.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Commissioner Plummer: Very smart.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-386
A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION
TO TAKE ALL NECESSARY STEPS IN ORDER TO SEEK
REPOSSESSION OF CITY -OWNED BUILDING PRESENTLY OCCUPIED
BY THE CUBAN MUSEUM OF ART AND CULTURE; FURTHER
STIPULATING SAID BUILDING SHALL BE USED AS THE CENTRAL
HEADQUARTERS AND OFFICES FOR THE CITY'S RECENTLY
INSTITUTED NEIGHBORHOOD ENHANCEMENT TEAM (NET)
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
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Dawkins: Does that get us off the dime, Mr. City Attorney?
Commissioner Plummer: Interesting.
Vice Mayor Alonso: Yes, one more question. One more question. It was my
understanding, at the time of the ruling, they did not imply that they had to
be there free of charge. That was not the intent. I remember Attorney
Fernandez telling me that that was not the intent of the decision. It was to
protect the rights, but it did not carry on an implication of being there free
of charge. My concern is that if this does not... is not accepted, we should
be working on other options as to... They cannot continue to be there without
paying. We are in an emergency situation, meaning we don't have enough funds,
in the City of Miami, that's a real situation for us. We are losing new
revenues. We are not obtaining new revenues, we are losing the revenues that
we had. Our tax base is lower now than it was before. Therefore, we have to
move in a very forceful way to obtain as much tax revenues as we can, and to
65 June 11, 1992
°i ?
collect as much as we can. Therefore, what perhaps in the past we were able
to give for one dollar we can't any longer. Example of this, is some other
facilities through the City of Miami that we give it to nonprofit
organizations and prior to this we were charging them a dollar a year for many
years. Now, we are charging. An example of this is the Manuel Artime, and so
on. Therefore, that's another avenue in case you feel that this is not
feasible, I think we have a second option and then we should set rates
according to the market. Whatever the market goes for we should charge them
in the meantime.
City Attorney Jones: The only problem with that is that you would have to...
Commissioner Dawkins: Mr. Mayor? I would like to vote to reconsider, because
the Manager has given me some additional information.
Mayor Suarez: Let's do it in the way most likely to have the proper results.
Commissioner Dawkins: OK.
Mayor Suarez: Yes. Move to reconsider.
Vice Mayor Alonso: Yeah, but...
Commissioner Dawkins: Second.
Mayor Suarez: And the City Attorney might...
Vice Mayor Alonso: Yeah. I second...
Mayor Suarez: ...want to comment on whatever...
Commissioner Dawkins: OK. Then...
Vice Mayor Alonso: Yeah, under discussion so he can explain to us because
the...
Commissioner Plummer: Since I am not privileged to what was said, may I know
the reason why...
Commissioner Dawkins: OK.
Commissioner Plummer: ...for reconsideration?
Commissioner Dawkins: Yes, sir. The reason for reconsideration... The
Manager says that right now he needs the building to use it more of a safety
factor in that he may need a fire station in order to respond to fire rescue
and other needs in that area, and therefore as a public... see more of a
public service as a fire station rather than the NET station, but I still
would rather see...
Commissioner Plummer: How about a combination NET and fire?
Commissioner Dawkins: OK. That...
66 June 11, 1992
Mayor Suarez: Or combination thereof...
Commissioner Dawkins: Anything where we got to spend the least amount of
money I am with you, J. L.
Commissioner Plummer: That's fine. Give it a double whammy.
Commissioner Dawkins: Anything where we have to spend the least amount of
money.
Commissioner Plummer: I don't know why we don't have all of the NET offices
in fire stations now.
City Manager Odio: Because the locations are not... We have two... The
locations doesn't lend in some cases to that.
Mayor Suarez: OK. But as to this... We have a motion to reconsider and then
I think we are on a little bit...
Commissioner Plummer: I'll second the motion if you need it.
Mayor Suarez: ...better ground and possibly just a little bit broader, so
that the Manager and the Administration can bring back to us something that
makes the utmost sense, and has the least expense attached to it, please.
Call the roll on the motion to reconsider.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-387
A MOTION TO RECONSIDER PREVIOUSLY TAKEN VOTE ON MOTION
92-386, HEREIN ABOVE CONCERNING EFFORTS TO REPOSSESS
CITY -OWNED SITE PRESENTLY OCCUPIED BY THE CUBAN MUSEUM
OF ART AND CULTURE.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: I understand the Commissioner's newly stated motion to be that
you bring back recommendation on the best use of that facility to, right, to
serve the public health, safety and welfare of the citizens of Miami, with the
least expense, and that you do that in short order, please.
67 June 11, 1992
City Manager Odio: May I ask this question?
Mayor Suarez: Yes.
City Manager Odio: What I was going to do is send them a letter saying that
we need the facility within 30 days.
Mayor Suarez: Whatever the...
Commissioner Dawkins: Whatever you have to do, sir.
City Manager Odio: OK. That's what I am going to do.
Mayor Suarez: Whatever the appropriate procedure is. In a matter as legally
complicated as this don't put it to us to tell you how to do that. Just make
sure...
Commissioner Plummer: Do it.
Mayor Suarez: ...that, in fact, we get ready to act on using the property
for... To promote the health, safety and welfare of our citizens in the most =
advantageous way, with the most supporting data that you have gathered, and in
short order, please. If not a weekly report, we certainly don't want it to
drag on another month without some action. Call the roll. Oh, we have a
motion by Commissioner Dawkins? -
Commissioner Dawkins: Yeah, I know. Move, moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded, Commissioner Plummer, call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-388
A MOTION DIRECTING THE CITY MANAGER TO COME BACK WITH
A RECOMMENDATION AS TO THE BEST POSSIBLE USE FOR THE
CITY -OWNED PROPERTY PRESENTLY OCCUPIED BY THE CUBAN
MUSEUM OF ART AND CULTURE; SAID USE TO BE ONE WHICH
CAN BEST SERVICE THE HEALTH, SAFETY AND WELFARE OF THE
RESIDENTS OF THE CITY OF MIAMI WITH THE LEAST EXPENSE
TO THE CITY; FURTHER DIRECTING THE CITY MANAGER TO
BRING BACK SAID RECOMMENDATION AS EXPEDITIOUSLY AS
POSSIBLE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
68 June 11, 1992
r
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
20. SECOND READING ORDINANCE: AMEND CODE CHAPTER 31, ARTICLE II (SCHEDULE
OF OCCUPATIONAL LICENSE TAXES), BY CLARIFYING DEFINITION OF EXHIBITORS
CLASSIFICATION AND PROVIDING FOR LOWER TAX WHEN AN EVENT IS HELD IN A
CITY -OWNED FACILITY.
Mayor Suarez: Item 8, I believe. We did vote on 7.
Vice Mayor Alonso: No.
City Attorney Jones: Seven.
Mayor Suarez: Item 7. Second reading.
Vice Mayor Alonso: Moved.
Commissioner Plummer: Item 7?
Mayor Suarez: Yes, sir.
Commissioner Plummer: Second. _
Mayor Suarez: Second. Any discussion? If not, please read the ordinance.
Call the roll, please.
AN ORDINANCE AN ORDINANCE AMENDING CHAPTER 31, ARTICLE II, ENTITLED -
"SCHEDULE OF OCCUPATIONAL LICENSE TAXES" OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
CLARIFYING THE DEFINITION OF THE EXHIBITORS -
CLASSIFICATION AND PROVIDING FOR A LOWER TAX WHEN THE -
EVENT IS HELD IN A FACILITY OWNED BY THE CITY OF
MIAMI; CONTAINING A REPEALER PROVISION AND -
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. --
Passed on its first reading by title at the meeting of April 2, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and =
adopted by the following vote:
-
-{ 69 June 11, 1992
�F
AYES: Commissioner Victor De Yurre _=
Commissioner Miller J. Dawkins —
Commissioner J.L. Plummer, Jr. _
Vice Mayor Miriam Alonso _�
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10991.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
21. SET ASIDE $750,000 FROM 18TH YEAR CDBG FUNDS FOR ECONOMIC DEVELOPMENT
GROUPS -- REQUEST GROUPS TO APPEAR BEFORE COMMISSION TO JUSTIFY THEIR —
REQUESTS FOR FUNDING.
------------------------------------------------------------------------------
Mayor Suarez: Item 8. Resolution authorizing the City Manager to...
City Manager Odio: This is the ...
Mayor Suarez: ...contract with the Neighborhood Economic Development
Organizations...
Commissioner Plummer: This is the CBOs (Community Based Organization)?
Mayor Suarez: ...from the CDBG (Community Development Block Grant).
City Manager Odio: Yes.
Mayor Suarez: I entertain a motion on that.
Commissioner Plummer: Well, let me ask a question because one of them is
controversial, and we might as well...
Mr. Castaneda: We left that out. That went out...
Vice Mayor Alonso: That one the Greater Biscayne...
Mr. Castaneda: The Greater Biscayne Chamber of Commerce. We left that out
until we discuss it 1n the afternoon.
Mayor Suarez: Is a...
Commissioner Plummer: All right. Now, let me... You know, something
somewhere we are lost here. We used to operate on what was the federal
guidelines of eight target areas.
70 June 11, 1992
•
Mr. Castaneda: That's correct, Commissioner.
Commissioner Plummer: OK? Now, where did these sudden other five come from,
and more so, where did the money come from to provide for, well, another five,
which is another quarter of a million dollars, I assume?
Mr. Castaneda: Well.
Commissioner Plummer: Where did the money come from?
Mr. Castaneda: From the same pot, Commissioners, and obviously...
Commissioner Plummer: We were told there was no more money.
Mr. Castaneda: Well, the more that we fund, the less money we have.
Commissioner Plummer: No. Excuse me. My understanding...
Vice Mayor Alonso: Would you list them for me, please. Which ones are the
new ones?
Mr. Castaneda: The new ones this year are the Overtown Advisory Board,
Edgewater CDC, and the Park West Association. Now we recommended against...
Commissioner Dawkins: That's not five, that's three.
Mr. Castaneda: Well, these the new ones this year.
Vice Mayor Alonso: OK. But...
Mr. Castaneda: Before that it was the Greater Biscayne Chamber of Commerce
and the Latin Quarter Association.
Commissioner Plummer: All right. Do I have assurances that you have
evaluated each and every one of these organizations, and that you are
recommending this, means, that, in fact, you feel that they have done a good
job and are entitled to money again?
Mr. Castaneda: OK. Let me answer this...
Commissioner Plummer: No, no, no. Did you hear my question?
Mr. Castaneda: We can not evaluate the new three agencies.
Commissioner Plummer: No, no. Not the new ones. You can't, of course.
Mr. Castaneda: OK.
Commissioner Plummer: But the other ten... I am to assume, by virtue of this
being on the agenda with your recommendation, that you have analyzed the work
that they have done, you feel that we have got our monies' worth, and that is
why you are recommending them again.
71 June 11, 1992
I
i
Mr. Castaneda: Yes, sir.
Commissioner Plummer: Thank you.
Commissioner Dawkins: OK. Another... The same line of questioning. It
says, contracted with 13 neighborhood economic development organizations.
What will Park West Association do, for what area economically develop?
Mr. Castaneda: They will be working in the Park West Association. We have
not worked out their work program yet.
Commissioner Dawkins: Who is..? Where is Park West? And who is Park West?
Mr. Castaneda: That's the...
Asst. Manager Herb Bailey: That's the association that represents the Park
West side of the Overtown Economic Development... I mean Overtown Park West
Development.
Commissioner Dawkins: OK. Well what is Overtown Advisory Board?
Mr. Bailey: Same. They did the same thing. We have one on each side.
Commissioner Dawkins: All right. Good. What is New Washington Heights?
Asst. Manager Bailey: It's another CBO that's been around for some time.
Commissioner Dawkins: No, no. They are all in the same area though, am I
correct, Mr. Bailey?
Asst. Manager Bailey: I want to say to you, we did not recommend these.
Commissioner Dawkins: Wait. Wait a minute Mr. Bailey. Somebody recommended
them, they are on here.
Asst. Manager Bailey: The Commission did.
Mr. Castaneda: And the Advisory Board.
Commissioner Dawkins: Commission recommended all these?
Asst. Manager Bailey: Yeah. When you accepted the Advisory Board's
recommendation, for which we did not recommend, then you accepted these
organizations you are asking us about now. We did not recommend them.
Commissioner Dawkins: So the Commission did this?
Asst. Manager Bailey: Yes.
Commissioner Dawkins: In our infinite wisdom.
Asst. Manager Bailey: In your infinite wisdom you recommended...
Commissioner Dawkins: Say yes.
72
June 11, 1992
Asst. Manager Bailey: And we abided by your...
Commissioner Dawkins: Say yes or no.
Asst. Manager Bailey: Yes.
Commissioner Dawkins: Thank you. That's all.
Asst. Manager Bailey: And we abided by your recommendation. So you have it
before you, and that's why it's here.
Commissioner Dawkins: We did it. I can't help it. Unless I can vote to
change it. That's all I can do.
Commissioner Plummer: Can we put this off until the next meeting and ask that
the Administration send us the evaluations..?
Mr. Castaneda: You have them attached to the back.
Commissioner Dawkins: I would, I would...
Commissioner Plummer: I haven't had time to read them.
Commissioner Dawkins: Say what now. Say what, Mr. Frank?
Mr. Castaneda: You have evaluations attached to the back of them.
Commissioner Dawkins: OK. I will go along with the motion, J. L., if you say
that let each individual come here and defend its program.
Commissioner Plummer: That's fine. I have no...
Commissioner Dawkins: I mean I just I don't...
Vice Mayor Alonso: I like this.
Commissioner Dawkins: ...want to again put the monkey on the Administration's
back...
Commissioner Plummer: Saves me having to read it.
Commissioner Dawkins: ...of making a decision. That we are the one that did
it. I don't know now.
Mr. Castaneda: Well, the problem is...
Commissioner Dawkins: Go ahead. What did you say, Frank?
City Manager Odio: There is one problem. That the funding begins July 1st.
Mr. Castaneda: Right.
City Manager Odio: And we won't be able to fund anyone...
73 June 11, 1992
17
Commissioner Dawkins: So what.
City Manager Odio: ...unless you approve...
Commissioner Dawkins: So what.
City Manager Odio: Well, fine.
Commissioner Dawkins: So what.
City Manager Odio: Don't ask me my opinion.
Commissioner Dawkins: OK. All right. Well then...
Commissioner Plummer: I would like to know...
Commissioner Dawkins: One twelfth funding?
ahead.
F
One twelfth funding, J. L., go
Commissioner Plummer: What I would like to know is where the money is going,
and what is it going for? —
Mr. Castaneda: For staff.
City Manager Odio: Staff. That's what's...
Commissioner Plummer: I don't know that. OK. When you present me you do not
give me here their full budget of each organization. OK?
Commissioner Dawkins: You see, but...
Commissioner Plummer: How much is each executive director making? How much
is, my friend says, Piccolo Pete making?
Commissioner Dawkins: Wait a minute. No, no, no. Wait a minute.
Commissioner Plummer: I would like to know it.
_ Commissioner Dawkins: Wait a minute. OK. Go ahead. I agree with what J. L.
is saying, but let them come before this Commission... —
Commissioner Plummer: If they want.
Commissioner Dawkins: ...and let this Commission be the one who does whatever
— has to be done, so that they wi11 not... You know. We go through what we
went through with the Advisory Board. Go ahead.
=1
Vice Mayor Alonso: In order to save these funds can we do it subject to...
The Legal Department will have to let us know how we can do it... _
Commissioner Plummer: One twelfth.
Vice Mayor Alonso: ...in order....
y 74 June 11, 1992
7
o
R.
City Manager Odio: You will lose it.
Vice Mayor Alonso: No. That's why. I don't want to lose the funds.
City Manager Odio: No. The problem...
Vice Mayor Alonso: If we approve that subject he will have to give us some
wording that it will be legal, specifically, because these are federal funding
and we have...
Mayor Suarez: Right.
Vice Mayor Alonso: ...to be very careful what we do. In the way that it has
to be done in order to preserve the funds and at the same time...
Commissioner Dawkins: Go ahead, Mr. Bailey.
Vice Mayor Alonso: ...give an opportunity...
Asst. Manager Bailey: I understand.
Vice Mayor Alonso: ...for these organizations. Also I think it is important.
For example, I would like to ask on the record, who is the President of Latin
Quarter Association?
Commissioner Dawkins: OK. Go ahead, Mr. Bailey.
Vice Mayor Alonso: Florentino is the President?
Mr. Castaneda: Correct.
Vice Mayor Alonso: how come in the newspaper the speaker and labeled
President of the organization is Mr. Elio Rojas. And why I am saying that? I
am saying that because I do have problems giving federal monies to a person
who is in the process of a legal problem, in which the funds of the taxpayers
are in question of whether they were used or not.
Commissioner Dawkins: Mr. Bailey.
Vice Mayor Alonso: So, to me, it's difficult to vote yes to give additional
funding when something is in question. And let me remind you that we are
awarding federal monies.
Asst. Manager Bailey: May I make a suggestion, please? We can determine the
viability of each one of these organizations when we come back with the _
contract. If you can approve the CD (Community Development) allocation, then
you still have a chance when we get that budget and the contract to determine
whether or not you want to deal with them. If you decide not to, we can
always amend the application, but we want to get this through today, so we can
get the money for those that you have approved of.
Commissioner Dawkins: OK. All right. I have no problems with that as long
as, and I am going to be denying those where more than sixty percent (60%) is —
not spent on economic development.
75 June 11, 1992
Asst. Manager Bailey: We can do that when we come back.
Commissioner Dawkins: OK. I mean... No, no, no. I am just... I am talking
to us, Mr. Bailey. You know. I am talking to those of us up here. If more
than sixty percent (60%) of it is in salary, we don't need it.
Asst. Manager Bailey: All right.
Commissioner Dawkins: OK? Thank you, Mr. Manager. I'm finished.
Vice Mayor Alonso: So, it will be... We approve this in principle and we can
then...
City Manager Odio: For the allocation of... -
Vice Mayor Alonso: For the allocation.
Asst. Manager Bailey: Allocation.
Commissioner Plummer: You now. I am sorry. Frank, I am going to ask a
question again. And this is a loaded question. You are telling me that each
and every one of these that you have in this list, you have evaluated, you
have determined that they are doing a good job, and for that reason they are
here, and you are recommending them again. That was my question. May I hear
your answer again?
Mr. Castaneda: Commissioners, I am saying that I think...
Commissioner Plummer: Sir, my question is a simple, begs a yes or no.
Mr. Castaneda: Yes. They have been evaluated.
Commissioner Plummer: OK. And you are... They are here based on the fact
that you feel that they should be recommended again?
Mr. Castaneda: Yes.
Commissioner Plummer: OK.
Mr. Castaneda: The ones that we recommended.
Vice Mayor Alonso: With some of the comments...
Commissioner Plummer: Now I am going to read to you...
Mr. Castaneda: The ones that we recommended.
Commissioner Plummer: Now I am going to read to you, sir. Sir, I am going
to... No, no, no. Not what you recommended. I am going to read to you...
City Manager Odio: No, no, no.
Mr. Castaneda: There were four agencies that were not recommended.
76 June 11, 1992
Commissioner Plummer: ...what you got on an agenda...
City Manager Odio: The ones that we recommend.
Commissioner Plummer: ...asking me to approve based on the fact that it's
here... Haitian Task Force, Inc., HTF...
Commissioner Dawkins: What page are you reading on?
Commissioner Plummer: Page seven or page forty-five I don't know which it is,
because it has both. Haitian Task Force has not fully complied with all the
fiscal and administrative requirements of the City contract. Specifically,
noncompliance with insurance requirements, noncancellation of paid invoices
and poor internal management controls. And you are telling me that you are
recommending that I refund this organization based on that criteria.
Vice Mayor Alonso: And Latin Quarter...
Commissioner Plummer: Excuse me. I would like an answer.
Vice Mayor Alonso: Latin Quarter has the same thing.
Commissioner Plummer: I would like an answer.
Mr. Castaneda: Commissioners, many of these agencies have - Wait a second.
Let me answer - have problems.
Commissioner Plummer: Go ahead and editorialize and then answer.
Mr. Castaneda: Let me... Have problems. We feel that the Haitian Task
Force, which we have invested eight hundred thousand dollars between the City
of Miami, LISC (Local Initiative Support Corporation), and all funding
sources. You know, if we are to get rid of the Haitian Task Force, you are
going to have to fund an alternative agency because you have, you know, close
to a million dollars invested, you know, in that building out there. The same
thing happens with all the other agencies. You know, the City Commission has
come up with a policy of maintaining CEOs in all the neighborhoods. We are
working with all of them in trying to make sure that they meet HUD (Housing
and Urban Development) requirements and provide an acceptable work. Let me
read here from the memo. You know. "Some agencies have not been able to
successfully accomplish the work program goals as evidenced by the Midyear
Summary Report herewith attached. The Community Development Department will
continue to closely monitor the agencies and with the assistance of the
Neighborhood Enhancement Team Administrator, we should be able to improve the
performance of the CBOs."
S
= Commissioner Plummer: No wonder it's screwed up. Here we go with the broken
-! NET again.
Commissioner Dawkins: But you know, Mr. Mayor, I have a problem... _
_i
Commissioner Plummer: Sir,...
—j
- 77 June 11, 1992
AkkL
Commissioner Dawkins: ...with... I have a problem...
Commissioner Plummer: ...I am asking a question. He continues to
editorialize when my answer begs a yes or no. Look here. Participated... =-
Wait a minute. Excuse me. It seems... And I am still on this one. OK. And
I am sorry to pick on the one I should be picking on them all. It seems that
there are many internal administration problems that need to be resolved. You
are not telling me that you are going to resolve them. All you are telling me
is refund them. Refund them.
Mr. Castaneda: We are continuously working with all these agencies. They all
have problems, Commissioners.
Commissioner Plummer: Then what are you doing about it?
Mr. Castaneda: We are trying to resolve them. We are meeting with them, we
are hitting them over the head, and we are trying to resolve the issue. You
know, what can I say?
Commissioner Plummer: You know the best way to resolve them? Don't fund
them.
Mr. Castaneda: Commissioners, every time we...
Commissioner Plummer: Don't fund them, they are going to listen to you.
Mr. Castaneda: Well, we have come here...
Commissioner Dawkins: You know.
Mr. Castaneda: ... and every time we come here...
Commissioner Plummer: Oh no, Frank, you cannot come here and make a
recommendation to me and this Commission on an agenda that we assume that you
have analyzed. That you have recommended and ask me to fund them again.
That's not the way you do business. Unless you are Eastern Airlines.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Mr. Castaneda: Commissioner...
Commissioner Dawkins: We are being... In my opinion, we are being very
unfair to Frank Castaneda. In that Frank Castaneda or his administration did
not recommend half of these organizations on here...
Commissioner Plummer: It's so stated.
Commissioner Dawkins: ...this... Well I am stating it. I am going to state
it. Because, see, you know, his check gets cut off, mine don't. OK. This
Commission playing politics in the community funded most of them...
Commissioner Plummer: Eight of them.
78 June 11, 1992
Ti
Commissioner Dawkins: ...as Frank just said. And he wanted to make us look
bad by saying, if you cut off the money in the Haitian community then... That
implies that this Commission doesn't care about the Haitian community.
Commissioner Plummer: Then why did I ask the question?
Commissioner Dawkins: That's what it... No. That what... I know better.
OK. That's what it implies. Tomorrow morning, in the media, the media will
say, the Commission decides not to do anything in the Haitian community. When
Frank just stated... How much we got invested out there..? I mean not we.
How many the taxpayers...
Mr. Castaneda: Well, with all the group you have about eight hundred thousand
dollars invested in that building.
Commissioner Dawkins: So you got eight hundred thousand dollars. So Frank is
saying, don't throw away the eight hundred thousand dollars because you guys
decided... You know, you five and the lady decided that we are going to play
politics, and we don't want everybody to think that we don't want to do as
much for the Haitians and we are doing for everybody else, so lets just give
them eight hundred thousand dollars and go with it.
Commissioner Plummer: Mr. Manager... To my colleague...
Commissioner Dawkins: But somewhere along the way somebody up here has to
say... What Frank has told us, it's not producing, we don't how to make it
produce and, therefore, you as Commissioners, have to find a solution. You
can't throw it back to us and the Administration and have the Administration
come back and cover up what we did wrong.
Commissioner Plummer: To my colleague, no one in tomorrow's press can say
that this Commission is not doing for the Haitian community when it was this
Commissioner, and the rest of this Commission, who allocated over two hundred
thousand dollars of the CBDG money for the Haitian community, asking them to
come back and tell us how it can best be spent, and we are still waiting, as I
think, to hear what can be. Now they got a lot of fighting going on of who
wants to control that money.
Commissioner Dawkins: But we are not talking about that money. We are
talking about this money.
Commissioner Plummer: But, sir. No, no. The point I am trying to make to
you is that nobody can come here...
Commissioner Dawkins: Oh, OK.
Commissioner Plummer: ...and say that we have denied the Haitian community
when we have set aside two hundred thousand dollars.
Commissioner Dawkins: Plus whatever else we gave them.
Commissioner Plummer: So be it.
79 June 11, 1992
Mayor Suarez: Commissioner, yes. Commissioner De Yurre.
Commissioner De Yurre: I would like to ask Frank a question, I think, that _=
jumps at all of us. How many... What is the population of Little Haiti?
Commissioner Plummer: Who knows.
Commissioner De Yurre: Gross numbers, you know, just...
Commissioner Dawkins: Three hundred thousand.
Commissioner De Yurre: No.
Commissioner Plummer: No.
Mr. Dawkins: Undocumented. I'll bet you a dollar.
Commissioner Plummer: Three hundred thousand?
Commissioner Dawkins: Undocumented.
Commissioner Plummer: And our population is only four -forty total.
Commissioner Dawkins: That's what you are talking about documented. I am
talking about those who come out here when they...
Commissioner De Yurre: Well, where are we at, Frank? Give me an idea.
Vice Mayor Alonso: City of Miami?
Commissioner Plummer: No way.
Commissioner De Yurre: A hundred thousand?
Mr. Castaneda: I am sorry. Commissioner.
Commissioner De Yurre: A hundred thousand? Eighty thousand?
Mr. Castaneda: Probably less than that, seventy thousand. Something like
that.
Commissioner De Yurre: OK. Eighty? Seventy thousand. Are you telling me
that out of seventy thousand people, you can only find one group that we have
to continue giving them the money? Aren't there any other groups?
City Manager Odio: Well, but I don't want... Yes. But let me ask... The =
Haitian Task Force was created a long time ago because the Haitians had
nothing to work with and that is was the tool that I, in fact, I was an
—" Assistant City Manager then and I begged, I think it was Roger Biambi, please
do what the Cubans are doing.
Commissioner Plummer: Yeah.
=y -
=i
i
--3
80 June 11, 1992
City Manager Odio: OK. And we created the Haitian Task Force, and it's
important to that community. And they are not perfect. None of these people
are. None of these organizations are, but they have done good out there, and
just because they have some internal management problems you can not stop _
funding for them.
Commissioner De Yurre: How long have they had the internal management
problem?
City Manager Odio: It's constant because... And we work with them. We work
with all of them.
Commissioner De Yurre: It's a constant...
City Manager Odio: Martin Luther King had problems. The Little Havana Latin
Quarter had problems. All of them.
Commissioner De Yurre: To what control... Cesar, what controls do we have as
to...
City Manager Odio: If we find anything wrong, Commissioner...
Commissioner De Yurre: OK. Hold it, hold it, a second, hold it.
City Manager Odio: I am sorry. Sorry.
Commissioner De Yurre: What do we do administratively to ensure accounting
wise...
Commissioner Plummer: Oh, they don't. That I know.
Commissioner De Yurre: ...bookkeeping wise, recording keeping wise, that all
these entities are using the money to the best...
Commissioner Plummer: No, they are.
Commissioner De Yurre: ...available possibility that it's being used for a
productive purpose. It's not just going to pay for a secretary, now she's got
a job. It's not going to pay for a director, now he's got a job. And it
doesn't generate. It doesn't really bring forth positive things. What do we
dot Do we have a department that's on top of that...
City Manager Odio: We have...
Commissioner De Yurre: ...that reviews regularly all these item where the
monies are going, so...
City Manager Odio: Up to...
Commissioner De Yurre: ...that we don't have a JESCA (James E. Scott
Community Association) kind of situation, heaven forbid.
City Manager Odio: Up to now we have had a... We monitored them constantly
and we evaluate them based on that, and then on top of that now, in addition
to that, we have the administrators looking over...
81 June 11, 1992
Commissioner De Yurre: OK. Then why do we continue to have the chronic
problems that you are alluding to here if we are top of things?
Mr. Castaneda: Let me say the...
Commissioner De Yurre: Are we that bad?
Mr. Castaneda: The reason for the chronic problems is, one, change over in
the board. Change over in staff, and change over in the director. And 1t 1s
a continuous problem. Also HUD has become a lot more aggressive, and they
have to meet the HUD requirements and now we are into monthly reports and, you
know, we are jumping on top of them every day. You know. A day does not go
by whether Pablo, myself and my staff is not meeting with either the board of
some CBO, or some staff, but we have made a commitment to try to make the CBOs
produce and work, and if we are committed to the neighborhood function of
having a CBO in each neighborhood, then I would say that changing CBOs, or
community based organization in the neighborhood for another one because one
is not working, you are just going back pedaling.
Commissioner De Yurre: Well, back pedaling, but if it doesn't work it doesn't
work.
Mr. Castaneda: Well, we have recommended new CBOs here to replace others.
Commissioner De Yurre: I mean like are we going to keep funding it year after
year once you realize it doesn't work?
Commissioner Plummer: But, Frank, how do we have, when we are sitting here
getting ready to allocate money and we are reading... You know if anybody
were to take the time and read what's in these documents for us to sit here
and vote on it, have got to say they are the damndest fools in this town.
When you read on a document that says, this agency, and I am not going to name
it, has not actively participated in the commercial facade program, does not
follow commercial facade procedures as established by City contract. Now they
have a contract with us. They don't follow the contract, and we are going to
reward them by re -upping [sic] and giving them more money. How about, has not
complied with physical or administrative requirements of its, well I'll call
it like it is, Lincoln Square building contract, included but not limited to a
four hundred thousand dollar loan in arrears since October of 190, and we are
going to be re -upping [sic] money to this organization. Something is wrong,
my friend.
Commissioner De Yurre: No. Either these companies or these CEOs, either we
put them on probation...
Commissioner Plummer: I am reading... Excuse me, Victor. I am reading from
this which was supplied to me as back-up material.
Mr. Castaneda: Yeah.
City Manager Odio: The same report, by the way, we gave HUD. We gave that to
HUD also.
—` 82 June 11, 1992
Commissioner Plummer: Sir, I understand. You can give it to the world, but 1
am voting on it and my credibility to vote favorably on something with this
kind of backup material is wrong. It's wrong. You are asking me to reward
these people for not complying with what they should be complying with.
Commissioner Dawkins: Not to... To continue to fund them.
Commissioner Plummer: Well, OK. Continue.
Commissioner Dawkins: OK. Thank you.
Commissioner Plummer: All right.
Commissioner Dawkins: To continue to fund them. Because this is an ongoing
process.
Commissioner Plummer: I guarantee you. Let me tell you where my vote is very
simply.
Commissioner Dawkins: Mine to. Tell them where our vote is.
Commissioner Plummer: I have said. Hey. I have said the people sitting
there may or may not listen when I talk, but buddy, when I talk to their bank
account they damn well listen.
Commissioner Dawkins: So how we going to vote?
Commissioner Plummer: We are going to bring them here like you recommended,
and we are going to put them on the fire and we are going to say either you do
or you don't.
Commissioner Dawkins: Thank you. Make the motion.
Mayor Suarez: All right. What was the ten...
Vice Mayor Alonso: And the truth is some communities are getting zero.
Commissioner Plummer: And two of them are getting a hundred thousand.
Vice Mayor Alonso: Out of this fifty thousand and...
Commissioner Plummer: What's Flagami getting?
Vice Mayor Alonso: Zero.
Mayor Suarez: What is the tenor...
Commissioner Plummer: What is Flagami getting?
Commissioner Dawkins: Flagami?
Mr. Castaneda: They are not a target area.
Mayor Suarez: They are not a target area.
83 June 11, 1992
Vice Mayor Alonso: And that's another farce.
Commissioner Plummer: None at all.
Vice Mayor Alonso: The situation has...
Commissioner Dawkins: Here we go.
Vice Mayor Alonso: ...changed in Flagami so much that they do need help. And
I don't know how, but that will have to be changed.
Mayor Suarez: The socioeconomic conditions, demographic conditions may have
changed to the point that...
Vice Mayor Alonso: Exactly.
Mayor Suarez: ...they deserve...
Mr. Castaneda: Yeah.
Mayor Suarez: ...at least parts of it to be a target area.
Vice Mayor Alonso: If you look at the elderly living in the area. They have
tremendous needs and it has to be addressed.
Mr. Castaneda: Planning Department is finishing a whole graph of the City
showing where the low income people are, and it's a very...
Vice Mayor Alonso: That's very important.
Mr. Castaneda: Yeah.
Commissioner De Yurre: Let me tell you.for my vote, and I go along with the
process of bringing these folks in here. But for my vote I would like to see,
identifying those that are in trouble, putting them on probation with a kind
of system that checks are going to be given with approval of the
Administration.
Commissioner Plummer: Victor, we have done it before it has always worked.
Put them on a one -twelfth funding, and when they come and show us what they
have done we give them another twelfth.
Commissioner Dawkins: Mr. Castaneda.
Mr. Castaneda: Yes.
Commissioner Dawkins: Of these 13 agencies, since I have been here for 11
years, how many years would you say, three, four or five, have been on
probation and go back on probation again? How many would you say? Al of
them.
Mr. Castaneda: Yeah. Most of them.
84
June 11, 1992
Commissioner Dawkins: So we have done it and it doesn't work, J.L.
Commissioner De Yurre: Identify another entity, and the heck with it.
Mr. Castaneda: But the problem is that if you want a neighborhood
organization going from one entity to another you get the same quality.
Commissioner Dawkins: Frank, let me tell you what the problem is since
everybody seems to forget about it. OK? Over the weekend the Greater Miami
Chamber of Commerce had a Goal Conference. OK?
Commissioner Plummer: That's a big joke.
Commissioner Dawkins: For 11 years I've been the Commissioner. For 11 years
they have had a Goal Conference, and for 12 years I haven't been there. You
know why I don't go?
Commissioner Plummer: It's a joke.
Commissioner Dawkins: Because the establishment sits down all year long
without planning with me, and then they have a Goal Conference and tell me,
now here you, black folks, this is for you all. You all take this and go back
in your community, and this is what we are going to do for you all. OK? And
they don't consider me no more until next year when they have their Goal
Conference again, then they come and say, the Greater Miami Chamber of
Commerce we got this for you all. You all take it back out there in the black
community and you all do this with it. Our problem is with the Haitian Task
Force, we are not working with the people out there who know the problem. We
have got to get out there and let those individuals, who know the problem,
come forward instead of us sticking... As the Manager said that entity which
we identified as the spokesperson for that community, and they do not have the
following of the community. So our problem is that we just, in my opinion, we
are going about it wrong, Frank. Disregard that commercial. OK? So I said
bring them here or a special workshop with them.
Commissioner Plummer: I agree. Bring them here.
Commissioner Dawkins: I don't care how we do it.
Mr. Castaneda: OK.
City Manager Odio: Well, we need to pass this or we won't have any money to
talk about.
Commissioner Dawkins: Well, I move...
Mayor Suarez: Let's move it...
Commissioner Dawkins: It's already been moved.
Mayor Suarez: ...with that proviso and...
Commissioner Plummer: No, no, no.
85 June 11, 1992
Mayor Suarez: ...all the conditions as stated.
Commissioner Plummer: Frank, say we don't have to move it.
Mayor Suarez: What was the tenor of the motion before?
Commissioner Dawkins: Who made the motion?
Commissioner Plummer: Excuse me. Frank said no. Now is somebody over
there... Frank, this is Mr. Odio, Mr. Odio, this is Frank. —
City Manager Odio: ...allocation made, Commissioners and...
Commissioner Plummer: 1 think we are going to scare the hell out of them if
we don't allocate it.
Commissioner Dawkins: What is your recommendation, Mr. Manager?
City Manager Odin: I would pass this and then bring each one of them before
you sign a contract, and have them discuss their status here.
Commissioner Dawkins: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: It's moved and seconded. Any further discuss? If not, please
call the roll.
Commissioner Plummer: I am going to vote negative because I think this give
them the impetus to think that they are going to get the money. OK.
Commissioner Dawkins: That's OK. We don't care what they think.
Commissioner Plummer: And whether or not you sign it or don't, they are going
to get the money so...
Commissioner Dawkins: No, they are not.
Vice Mayor Alonso: What are you saying, Mr...
City Manager Odio: That we recommended against five of these organizations,
and they got funded anyway, so...
Commissioner Plummer: Anywhere... Excuse me. Anywhere in this backup
material do you say that you recommend against five?
City Manager Odio: We didn't recommend the Latin Quarter Association, we
didn't recommend...
Commissioner Plummer: Is there anywhere in here that you say that the
Administration...
City Manager Odio: No, just look at the ones we recommend.
86 June 11, 1992
Mr. Castaneda: That was the last package, Commissioner.
Commissioner Plummer: ...does not recommend... I am sorry?
Mr. Castaneda: That was in the last package, Commissioner.
Commissioner Plummer: OK. Then I...
Mr. Castaneda: You see, we made recommendations and you took the Advisory
Board's recommendation, which nullified our recommendation.
Commissioner Plummer: Thank you, sir.
Vice Mayor Alonso: Frank?
Mr. Castaneda: Yes.
Vice Mayor Alonso: Which way should we go to maintain the funds in the City
of Miami for those who have given us the guarantee that no one gets the idea
that they are going to get the money? Because you just said, a minute ago, we
don't really have to move. But then, on the other hand, could we lose?
Mr. Castaneda: No. You are not going to lose anything.
Vice Mayor Alonso: It's going... It makes no difference? So why should we
take any action then?
Commissioner Plummer: That's what I say.
Vice Mayor Alonso: We are not losing any funds. Because the City Manager
said he would feel better if we move.
City Manager Odio: ...side for that. And then you go ahead and interview
each one of these...
Vice Mayor Alonso: Can we do it in a way that we don't mention any one
organization?
City Manager Odio: Sure. You can do it.
Vice Mayor Alonso: We just move that we set aside the monies...
City Manager Odio: You are just allocating the seven hundred and fifty
thousand.
Commissioner Plummer: That I'll vote for.
Vice Mayor Alonso: ...with the intent... _
City Manager Odio: Correct.
Vice Mayor Alonso: ...to work with the different neighborhoods but not to any
particular organization. Can we do that?
i
87 June 11, 1992 _
City Manager Odio: That do 1t that way. Yes.
Commissioner Plummer: I'll agree to that.
City Manager Odio: Change it to that.
Vice Mayor Alonso: Well, I move and...
City Manager Odio: Changing that you are setting aside seven hundred and
fifty thousand dollars from the 18th year community block grant monies for
economic development organizations, and you will determine later...
Vice Mayor Alonso: I will feel better that way. He didn't hear, I don't
think.
Commissioner Dawkins: That's OK. Whatever it is, I am with the majority.
Commissioner Plummer: That's fine. I'll go along with that.
Vice Mayor Alonso: OK. Do you accept we change it. Not...
Commissioner Dawkins: I'll accept an amendment to the motion.
Vice Mayor Alonso: OK. Thank you. So I...
Mayor Suarez: So moved. Amended and the second and the movant both accept
the amendment and understand it, moved and seconded. Any discussion? If not,
please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-389
A RESOLUTION ALLOCATING FUNDS IN THE AMOUNT OF
$750,000 FROM THE EIGHTEENTH (18TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FOR THE FUNDING OF
NEIGHBORHOOD ECONOMIC DEVELOPMENT COMMUNITY BASED
ORGANIZATIONS ("CBO"), SAID CBO'S AND AMOUNTS OF
FUNDING TO BE DETERMINED AFTER A REVIEW BY THE CITY
COMMISSION OF EACH CBO'S WORK PROGRAM AND FUNDING
REQUEST.
(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:
88 June 11, 1992 -
s
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:
s
Commissioner Dawkins: What did you vote, no or yes? I did not hear you.
Commissioner Plummer: Oh, I am voting yes for this.
------------------------------------------------------------------------------
22. AUTHORIZE MANAGER TO ENTER INTO CONTRACT WITH MIAMI CAPITAL DEVELOPMENT,
INC. (MCDI) -- TO PROVIDE: (a) $875,000 TO MCDI'S EXISTING REVOLVING
LOAN FUND (RLF); (b) $125,000 FOR MCDI'S ECONOMIC DEVELOPMENT
ADMINISTRATION (EDA) RECAPITALIZATION MATCHING GRANT; AND (c) $250,000
FOR MCDI'S ADMINISTRATIVE OPERATIONS.
Mayor Suarez: Item 9.
Commissioner Plummer: This is in Miami Capital?
Mayor Suarez: Miami Capital.
Vice Mayor Alonso: Yeah.
Commissioner Plummer: Mr. Mayor, would you, for the record, I am not
criticizing, but for the record, sir, you are quoted in the Miami Today of
three hundred thousand dollars of Miami Capital's money is going to a target
area that I have not been informed of, at Grand and Douglas for an
entertainment center?
Mayor Suarez: Well, the letter just came in, and you are right to want to
know more about it, and I will circulate the letter from the Executive
Director of Miami Capital, that he is holding out that amount pending review
of all the project and approval, et cetera.
Commissioner Plummer: Well, I would strongly suggest, Mr. Mayor... According
to this you are pleased to make the announcement that it is a done deal.
Excuse me. 1 am only reading from the paper.
Mayor Suarez: No, it's not a done deal, and I am sorry...
Commissioner Plummer: OK.
89
June 11, 1992
Mayor Suarez: ...if you got that impression. The Executive Director, Tony
Crapp, just sent me a note saying that they are holding out that amount...
Commissioner Plummer: OK.
Mayor Suarez: ...and that it is...
Commissioner Plummer: Let me... Excuse me.
Mayor Suarez: ...available subject to all the other...
Commissioner Plummer: Let stand corrected, please. Mayor Suarez said he was
pleased to announce that a major new entertainment center is being planned. I
stand corrected.
Commissioner Dawkins: Planned where?
Mayor Suarez: Well, it's been planned now for about five years. It's now,
hopefully, going to have the requisite components of funding.
Commissioner Plummer: Do we know what it is? I mean, who knows what it is?
Commissioner Dawkins: And how much is it going to be funded for?
Commissioner Plummer: Three hundred thousand here, and I mean...
Mayor Suarez: The Miami Capital allocation, or at least the money that they
say is available for this, if it otherwise qualifies, is three hundred
thousand dollars. The total... I think the total funding that they are
seeking to get, they have been seeking it for five years, is about two million
dollars.
Commissioner Plummer: Who is they?
Mayor Suarez: GUTS (Grovites United to Us) is the principle promoter of it.
Commissioner Plummer: OK. GUTS is the building which... Well, we funded
GUTS.
Mayor Suarez: Yes.
Commissioner Plummer: OK.
Mayor Suarez: Absolutely. But they've not been able to get the project off
the ground. It's another one of these...
Commissioner Plummer: Well, now. OK. Then...
Mayor Suarez: The only difference from the other CBOs that we were talking
about is that they have put their own money - which is a nice...
Commissioner Plummer: Well, Mr. Mayor, I guess...
Mayor Suarez: ... variation on the usual situation for economic development.
90 June 11, 1992
t
Commissioner Plummer: ... the reason for my concern, sir, is the next item in
Miami Today...
Mayor Suarez: Which is that? c
Commissioner Plummer: ..0 is that the Off -Street Parking is going to be
putting up $250,000.
Mayor Suarez: The Off -Street Parking Authority has been looking at that
site...
Commissioner Plummer: To pave the lot?
Mayor Suarez: ... and determining that there's a huge amount of traffic and
huge potential for parking in that area,...
= Commissioner Plummer: What did... Just to...
- Commissioner Dawkins: You know what you are going to do with it. _
Mayor Suarez: ... and hopefully will improve it. So that they can have
parking.
Commissioner Plummer: A quarter of a million dollars to pave a lot?
Mayor Suarez: It always sounds, to me, like a lot of money when they do it,
but...
Vice Mayor Alonso: Since we don't know what you are talking about, you are
talking from a newspaper, are you referring to Cocowalk? - for the parking
area in Coconut Grove.
Mayor Suarez: No. No. Goombay Plaza. Grand and Douglas.
Vice Mayor Alonso: I don't know what you are talking about. You are reading =_
from a newspaper. You are not mentioning names.
Mayor Suarez: I think he's referring to Grand and Douglas.
Vice Mayor Alonso: You are talking about a parking lot.
Commissioner Plummer: Grand and Douglas is correct.
Vice Mayor Alonso: The only one that I have heard from the Off -Street Parking
Authority is in Coconut Grove.
Commissioner Dawkins: All I need to know is... I need to know one thing from
somebody. Is the article being discussed in the Miami Times by J.L. Plummer,
the same article that's on item 9 in the agenda?
City Manager Odio: No.
Vice Mayor Alonso: I wonder.
91 June 11, 1992
0
City Manager Odio: No.
Commissioner Plummer:
by J.L. Plummer.
Sir. No, sir, it's not the Miami Times being discussed
Vice Mayor Alonso: Miami Today.
Commissioner Plummer: ... it's Miami Today,...
Mayor Suarez: It has nothing to do with that.
Commissioner Plummer: ... and it has to do with...
Commissioner Dawkins: Well, one is a white paper and one is a black paper.
All right. Go ahead.
Commissioner Plummer: Sir, the reason for my bringing it up is it relates...
Commissioner Dawkins: No, no, no. All I want to know is, is what J.L.
Plummer discussing, is that covered in item 9 here? That's what I need to
know.
Commissioner Plummer: By the same agency. Yes, sir.
City Manager Odio: No.
Commissioner Plummer: By the same agency. Yes, sir. That's the reason
for...
Commissioner Dawkins: By the same agency?
Commissioner Plummer: Mr. Cook is here. He can speak to the quarter of a
million dollar paving job that they are doing, according to this article. And
I just think this Commission should be informed...
Commissioner Dawkins: I'm at a loss. I mean,...
Vice Mayor Alonso: May I read that note, please.
Commissioner Dawkins: I'm at a loss.
Commissioner Plummer: Are you paying a quarter of a million dollars to pave?
Commissioner Dawkins: Wait. Let me get through with 9,...
Commissioner Plummer: I'm sorry.
Commissioner Dawkins: ... then you all go to the paving.
Commissioner Plummer: All right.
Commissioner Dawkins: Let me get through with 9.
92 June 11, 1992
Mayor Suarez: On item 9, continue the inquiry, and we may get to you, Clark,
in a second.
Commissioner Dawkins: OK. Is the money for the GUTS project included in the
money that I am discussing in item 9?
City Manager Odio: No, sir.
Commissioner Plummer: No, sir.
Commissioner Dawkins: Where will it come from?
Mr. Frank Castaneda: From the funds of Miami Capital.
City Manager Odio: That would have to be approved by the Miami Capital
people,...
Commissioner Dawkins: OK. So...
Unidentified Speaker: It has to go to the loan committee.
City Manager Odio: ... to the loan committee and whatever.
Commissioner Dawkins: So you... Wait a minute now. Wait a minute now. You
are losing me now. We got one pot of money called Miami Capital. One pot of
money. Now, you tell me that today I'm talking about that pot of money and
you tell me, OK, fine. But that does not include the GUTS project. I said
well where will it be funded? It will be funded from Miami Capital, the same
pot of money. In my opinion, I... Show me where I'm wrong.
Mr. Castaneda: You are not wrong, Commissioner.
Commissioner Plummer: Well, how do you...
Mr. Castaneda: Commissioners are never wrong. Commissioners are never wrong.
Vice Mayor Alonso: You are a very smart individual.
Commissioner Dawkins: So there's a possibility that I could be in error.
Mr. Castaneda: No. No, Commissioner.
Commissioner Dawkins: There's a possibility that I could be in error.
Commissioner Plummer: You are not always right and you are never wrong.
Mr. Castaneda: We give them funds through Miami Capital. Miami Capital has a
fund and, obviously, these funds that go to Miami Capital are part of that
fund. So, you are right.
Commissioner Plummer: What you are saying...
=' Commissioner Dawkins: But, there... OK. Let me... Well.... You don't know
nothing.
�9 "
-i 93 June 11, 1992
Commissioner Plummer: Well, are you saying that if we don't approve item 9,
then the money for GUTS is not going to be there?
Commissioner Dawkins: Yeah, but, then are you saying to me then?
Commissioner Plummer: I don't know.
Commissioner Dawkins: Are you saying...
Commissioner Plummer: Well,...
Commissioner Dawkins: Well, all right. Wait now. Are you saying to me also
that if I approve item 99090
Mr. Castaneda: Yeah.
Commissioner Dawkins: ... that those individuals who need money for economic
development, that the money will be there in Miami Capital?
Mr. Castaneda: Of course. Of course, Commissioner.
Commissioner Dawkins: And included with that will be the money for GUTS?
Mr. Castaneda: Correct, Commissioner.
Mr. Pablo Perez Cisneros: If approved by the loan committee.
Mr. Castaneda: Correct. Correct, Commissioner.
Commissioner Dawkins: Wait a minute. Hold it. Hold it. See... OK. No, —
he's right. He's right.
Mr. Castaneda: Yeah.
Commissioner Dawkins: But if the loan committee approves it, what happens
then?
Mr. Castaneda: The money will be going to GUTS.
Commissioner Dawkins: It does not come back to this Commission?
Mr. Castaneda: No, Commissioner.
Commissioner Dawkins: Well, hell. I turn this down.
Commissioner Plummer: Second.
Commissioner Dawkins: I move that this be deferred.
Mayor Suarez: Would you want to, instead, just...
Commissioner Plummer: Second.
94 June 11, 1992
Mr. Castaneda: Commissioner...
Commissioner Plummer: No. You know, I think it's only fair...
Mayor Suarez: Wait, wait, wait. I think the tenor of his motion is that he
wants any major allocation like this for the GUTS project from Miami Capital
to be brought back to this Commission.
Commissioner Dawkins: Any project.
Mayor Suarez: No problem with that.
Commissioner Plummer: Well, I'm seconding the motion, Mr. Mayor, predicated
on I think this Commission needs to know what's going to happen with that
money.
Mayor Suarez: That's what he's saying.
Commissioner Plummer: OK.
Mayor Suarez: And he's saying that, at least,...
Vice Mayor Alonso: Coming back to us. That's the solution.
Mayor Suarez: ... if the project is at three... I mean, I don't know if you
want to be a super loan committee now for Miami Capital. We had the
experience of being sort of a super loan committee for the Liberty City loans,
but if you want to do that for items in the $300,000 category, you can do
that.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: I think they would...
Commissioner Plummer: Mr. Mayor, obviously it was fait accompli that, in
fact, that there was planning go on for GUTS that this Connission did not even
know about.
Mayor Suarez: That's not true. It was not a fait accompli.
Commissioner Plummer: Sir, excuse me.
Mayor Suarez: The project has been planned for...
Commissioner Plummer: It is allocated.
Mayor Suarez: ...five years. It just wasn't going anywhere.
Commissioner Plummer: OK.
Mayor Suarez: All of a sudden, the Off -Street Parking Authority is interested
in possibly building some parking around it,...
Commissioner Plummer: That's great.
95
June 11, 1992
Mayor Suarez: ... which helps to make the thing viable. All of a sudden they
have a bunch of private developers that are helping them, Constructa from
Cocowalk,...
Commissioner Plummer: Mr. Mayor, were...
Mayor Suarez: ... Tobacco Road. And Miami Capital has said we do, in fact,
have $300,000 that would be set aside for this, if it otherwise makes sense,
and if our loan committee approves it. If this Commission wants to then say
to Miami Capital, an agency that is funded greatly by the City, as shown by
this item, that we want to have a shot at that before any ultimate approval is
made, that can be done by the motion.
Mr. Castaneda: Fine.
Commissioner Dawkins: OK. What's the difference in funding GUTS and nothing
getting off the ground, and nothing is said about it? But when you fund the
Haitian Task Force and it doesn't get off the ground, it's wrong. Explain
that to me.
Commissioner Plummer: Yeah.
Mr. Castaneda: There is no difference, Commissioner.
City Manager Odio: Well, can you pass this, subject to that the GUTS program
is approved by the Commission?
Commissioner Plummer: Well, wait a minute. I've got a comment to make.
Commissioner Dawkins: Beg your pardon? Say what? I beg your pardon, Mr.
Manager.
City Manager Odio: If you fund the Miami Capital Development, Incorporated...
Commissioner Dawkins: No, no, no.
City Manager Odio: And then any...
Commissioner Dawkins: There's no answer to my question.
City Manager Odio: The GUTS project would have to come by here first.
Commissioner Dawkins: No, that's not the...
Commissioner Plummer: He answered your question. There is no...
Commissioner Dawkins: That's not the answer to your question.
Commissioner Plummer: Excuse me. He answered your question. There is no
difference. Frank said that.
Commissioner Dawkins: There is no difference?
96 June 11, 1992
Ell
Commissioner Plummer: That's what he said.
Commissioner Dawkins: There has to be a difference.
•
Commissioner Plummer: Well, he said... Excuse me. Repeat it so he can hear
you. He didn't hear you.
Mr. Castaneda: Commissioners, GUTS is trying to... GUTS and the Coconut Grove
Local Development Corporation are trying to develop that neighborhood.
Commissioner Dawkins: Yeah, but...
Mr. Castaneda: Obviously, it is very difficult to develop inner city
neighborhoods and that's part of the problem they are having.
Commissioner Dawkins: Yeah, but...
Commissioner Plummer: Well, the point I'm trying to make...
Commissioner Dawkins: Go ahead, J.L.
Commissioner Plummer: The point I'm trying to make, Mr. Mayor, I think is
prior to your being here.
Mayor Suarez: Yes.
Commissioner Plummer: We all thought what a great program it was for the
Coconut Grove Playhouse and what they were trying to accomplish through
Capital Development, through Off -Street Parking, and through the State of
Florida. OK? Until the day came that we were totally unaware that one of the
aspects of that project was to open up the back end and take traffic through
the black area. Boy, it hit the fan! And rightfully so. OK? Now all I'm
saying is before it hits the fan at Grand and Douglas - if it happens because
there's so many armed robberies there every day - we ought to know about it.
That's all I'm saying. You know, that's all I'm saying, and that's why I
think when my colleague says we ought to defer this, I think that that's
within order.
Mayor Suarez: Why would you want to defer it?
Commissioner Dawkins: Because he said that I do...
Commissioner Plummer: So that we know...
Mayor Suarez: We are funding...
Commissioner Plummer: ... what is going to go in the GUTS program. I don't
know.
Mayor Suarez: We are funding Miami Capital. If you are concerned about Miami
Capital taking $300,000 of its money to try to get Goombay Plaza done, or
Grand and Douglas improved, or GUTS finally happen, make that into a separate
motion and say that you don't want that to be done without Commission
approval.
sz-
97 June 11, 1992
e1
Commissioner Plummer: I can go along with that.
Mayor Suarez: Or the same motion. But you don't want to take away their
ability to exist and fund all the other applications that come before us. In =
fact, you don't want to delay even Goombay Plaza I'm sure if you want to
continue having them develop the whole process, evaluate it and bring it to us for final approval, I don't think you want to stall that either.
Commissioner Plummer: But you see, Mr. Mayor, we funded GUTS. OK?
Mayor Suarez: Yes.
Commissioner Plummer: We funded it for a half a million dollars. Now...
Mayor Suarez: I don't remember it being half a million, but, yes. All right.
Commissioner Plummer: I think it was right at a half a million dollars.
Mayor Suarez: Right.
Commissioner Plummer: OK?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Yes, of course.
Mayor Suarez: Yeah, it was basically used for purchasing real estate.
Commissioner Plummer: That was GUTS. All right.
Mayor Suarez: So at least it hasn't gone totally away.
Commissioner Plummer: Now, the point that I have is, I think that we have an
investment there. We, the Commission. Not Miami Capital. We, the
Comm ssi on.
Mayor Suarez: Miami Capital is an agency of the City. It serves our
purposes. All right. Well, what do you want to do with it?
Commissioner Plummer: Mr. Mayor, my only point...
Mayor Suarez: How do you want to accomplish... I understand...
Commissioner Plummer: My only point...
Mayor Suarez: ... your goal. I agree with it. How do you want to accomplish
- it?
Commissioner Plummer: Sir, we can take and we approve this and tell them that
anything relating to that project...
Mayor Suarez: Absolutely.
98 June 11, 1992
Commissioner Plummer: ... that this Commission wants a veto over.
Mayor Suarez: Absolutely. That's a proviso of the motion and it's stated as
to anything having to do with the Grand and Douglas improvements. For that
matter, if you want to... Well, I don't want to get into it, but I suppose any
major loan that Miami Capital gives, if you want to have it brought back to
this Commission, that could be done that way.
Vice Mayor Alonso: I don't think we should establish that as a policy
because...
Commissioner Plummer: No. No, no. I'm not saying that.
Mayor Suarez: I'm not sure that we should establish that as...
Vice Mayor Alonso: No.
Mayor Suarez: All right.
Vice Mayor Alonso: Not at all.
Mayor Suarez: So moved by Commissioner...
Commissioner Plummer: I have one further question, Mr. Mayor. What is your
total amount of money in Miami Capital?
Mayor Suarez: What do you mean by that?
Mr. Castaneda: What do you mean by that? You mean...
Commissioner Plummer: At any time, sir. I'm questioning...
Mayor Suarez: You mean capital available for loans, you mean loans
outstanding, you mean operating? What do you mean?
Commissioner Plummer: Let me ask my question a different way. I am concerned
about $250,000 administrative cost. And I'm trying to determine what
percentage of your total overall budget, that a quarter of a million dollars
for administrative cost. I think it's a legitimate question.
Mr. Tony Crapp: Good morning. Good morning.
Vice Mayor Alonso: Good morning.
Mr. Crapp: Commissioner Plummer,...
Mayor Suarez: Are you sure?
Mr. Crapp: ... the answer to your question is that the...
Mayor Suarez: Are you sure, Tony?
Mr. Crapp: Yes, sir. I am.
t
99 June 11, 1992
Mayor Suarez: All right.
Mr. Crapp: The $250,000 would represent about thirty-four percent (34%) of
Miami Capital's operating budget for next year. Approximately sixty-six —
percent of our budget will be generated by interest income from the loans that
we service.
Commissioner Plummer: But you are saying that your administrative cost is _
thirty-four percent (34%)?
Mr. Crapp: No, sir. I'm saying the $250,000 represents thirty-four percent
(34%). Our budget, which our board approved yesterday, at their board meeting
is $736,000 for next year.
Commissioner Plummer: You are the executive director?
Mr. Crapp: Yes, sir. I am.
Commissioner Plummer: What is your salary?
Mr. Crapp: My salary is $77,000.
Commissioner Plummer: Seventy-seven plus perks?
Mr. Crapp: Yes, sir.
Commissioner Plummer: And your perks are worth, roughly forty thousand?
Mr. Crapp: I don't think it's that high. Maybe $25,000, $30,000. I'm not
sure.
Commissioner Plummer: You are over $100,000.
Mr. Crapp: Around there probably.
Commissioner Dawkins: OK. May I, J.L.? How long have you been with the
City?
Mr. Crapp: Well, I've been with Miami Capital for two and a...
Commissioner Dawkins: How long have you been with the City of Miami?
Mr. Crapp: Total, probably about 10 years.
Commissioner Dawkins: Ten years?
Mr. Crapp: Eleven years.
Commissioner Dawkins: And your salary is $77,000?
Mr. Crapp: That's correct.
Commissioner Dawkins: We've got a Police Chief that's been Chief six months.
His salary is $93,000.
100 June 11, 1992
r]
Commissioner Plummer: More.
•
Commissioner Dawkins: Don't hear J.L. saying nothing about that.
Commissioner Plummer: Oh, you will. No, no, no.
Commissioner Dawkins: OK.
Commissioner Plummer: Remember the Manager...
Commissioner Dawkins:
you know.
Commissioner Plummer:
I mean, I just... I don't see, you know, where it is, -
Remember the Mayor asked all of us...
Commissioner Dawkins: OK. No.
Commissioner Plummer: ... of Commission Awareness to come back with
recommended... And I'm coming back. I hope the rest do. -
Commissioner Dawkins: OK. No. I just need to put things in their proper
perspective. The man's been here 10 years and not making $93,000.
Commissioner Plummer: No, no.
Commissioner Dawkins: There's a man been here less than six months as the
Chief of Police and he makes $93,000. Now, hey...
Commissioner Plummer: Dawkins, my comparison was, was the cost of
administration.
Commissioner Dawkins: Han?
Commissioner Plummer: Thirty-four percent (34%) of their dollars for
administration is extremely high.
Commissioner Dawkins: OK. All right. How much of the Police...
Commissioner Plummer: It's very high.
Commissioner Dawkins: How much of the firemen's budget is in salaries?
Commissioner Plummer: About ninety percent (90%).
Commissioner Dawkins: Ninety percent (90%)?
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: See. So, we still mixing...
Commissioner Plummer: No, but excuse me.
Commissioner Dawkins: We're still mixing "apples and oranges."
101 June 11, 1992
Commissioner Plummer: Now ask me... The question is of administrative cost of
their total budget, is in the neighborhood of eleven (11%) or twelve (12%).
Commissioner Dawkins: Of what?
Commissioner Plummer: Of their total budget.
Commissioner Dawkins: Of the Fire Department?
Commissioner Plummer: Yes. Administrative cost.
Commissioner Dawkins: Administrative. OK. But are you counting the Chief
and all his Assistant Chiefs...
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: ... and what have you as administrators?
Commissioner Plummer: Administrative cost. Yes, sir. OK? That's the point
I'm trying to make.
Commissioner Dawkins: Wait a minute. Wait a minute. But see...
Commissioner Plummer: There is a provision in Federal funding...
Commissioner Dawkins: But I want you to make the point to me.
Commissioner Plummer: OK.
Commissioner Dawkins: Don't make it to them. Make it to me.
Commissioner Plummer: All right, sir.
Commissioner Dawkins: All right. Now, of the Fire Department, you say eleven
percent (11%) is in administrative cost.
Commissioner Plummer: Between... I will say somewhere in that general
neighborhood.
Commissioner Dawkins: I'll even say fifteen percent (15%).
Commissioner Plummer: Yes, sir. That's correct.
Commissioner Dawkins: All right. What happens to the rest of the money?
Commissioner Plummer: The rest of the money is salaries. Of any City budget,
sir,...
Commissioner Dawkins: Well, all right. Well, then how much of his is in
salaries and the rest goes into what have you? OK?
Commissioner Plummer: You are not comparing "apples to apples."
102 June 11, 1992
Commissioner Dawkins: Yes, we are. We must compare "apples and apples." We
cannot compare "apples and oranges."
Commissioner Plummer: Percentage of total budget for administration is what
I'm trying...
Commissioner Dawkins: Beg your pardon?
Commissioner Plummer: Total percentage of any budget goes for administration.
Thirty-four percent (34%) of a budget for administrative cost 1s extremely
high, sir.
Commissioner Dawkins: But...
Commissioner Plummer: Any administrative cost.
Commissioner Dawkins: But you are taking one budget and you are dividing it
to prove your point, which is to your advantage.
Commissioner Plummer: No, sir.
Commissioner Dawkins: And I'm taking the same one to destroy that.
Commissioner Plummer: No, sir. Not at all.
Commissioner Dawkins: OK. In my opinion. Yes, you are.
Commissioner Plummer: OK.
Commissioner Dawkins: OK. Because what you are saying is, you are picking
certain people out of the Fire Department's overall budget and saying, "No,
that's not administrative. That's employees." But yet, he... Everybody over
there is not an administrator. Ain't no way in hell everybody in Miami
Capital can be an administrator.
Commissioner Plummer: Sir, I'm not arguing the point.
Commissioner Dawkins: OK. No problem.
Commissioner Plummer: The point I'm arguing, you are not even speaking to.
Mayor Suarez: It just seems like every once in a while someone gets up and
gets asked their full salary, and compensation, and benefits and so on.
Commissioner Plummer: Well, Mr. Mayor,...
Mayor Suarez: The implication is that, maybe, you think in that particular
case, maybe it's excessive or something, and maybe it's better to sort of
privately... I mean, it's all public record, I think. Miami Capital, its
salaries are public record. So people can get them, but possibly it's better
to just privately get that, and then if you think there's a problem, then we
go into it, you know.
Commissioner Dawkins: No, I agree with J.L.
103 June 11, 1992
�j
El
Mayor Suarez: All right.
•
Commissioner Dawkins: It's nothing private about public business.
Commissioner Plummer: That's right.
Mayor Suarez: All right. So then there's no questioning necessarily...
There's no implication, Tony, that you are overpaid. God knows what the... -
Commissioner Dawkins: Yes, it is. You are underpaid, in my opinion.
Mayor Suarez: All right.
Commissioner Plummer: Could very easily be.
Mayor Suarez: Then you may be underpaid. With the budget deficit that we
are...
Commissioner Plummer: Well, I'm going to share with all of you. As you know,
I have asked the Administration for the names and amounts of every person that
makes over $50,000, total cost of taxpayers. Not just salary, total taxpayer
cost, $50,000, $75,000 and $100,000. The indication at this point is that
seventy-eight percent (78%) of City employees make over - what is it? -
$70,000.
Vice Mayor Alonso: Yeah, but some...
Commissioner Plummer: The total cost.
Vice Mayor Alonso: ... we have to take also into account, they've been here
for years.
Commissioner Dawkins: But, they are in the Police Department. They are in
the Police Department.
Commissioner Plummer: All over, sir.
Commissioner Dawkins: They are in the Fire Department.
Commissioner Plummer: All over.
Commissioner Dawkins: All right.
Mayor Suarez: All right. We need to...
Commissioner Dawkins: All right.
Mayor Suarez: Commissioners, please. We've got to follow some order here.
Commissioner Plummer: All over.
Mayor Suarez: Vice Mayor was saying something.
-_ 104 June 11, 1992
4
t a
Commissioner Plummer: But we've got $7,000,000 deficit to make up for next
year.
Commissioner Dawkins: Where's Goldfarb? Goldfarb, be sure you break it down
as what departments. Don't let them think all is Miami Capital.
Commissioner Plummer: All of them. Every one of them. —
Mayor Suarez: Please, Commissioner.
Vice Mayor Alonso: I believe that what the Mayor meant to say when he
referred to the salaries, is that we perhaps have to be a little more careful or sensitive to the members of the staff that come in front of us, -
d 11 f
professionals. How we approach the question of now much you make an a o
this. There are many ways to do this and I think that we have to maintain
some line of respect, and I think that's sometimes the perception. And I
think that's, Mr. Mayor, what you meant by this, and I couldn't agree more
with you in that sense.
Mayor Suarez: And particularly since what we were trying to get at was
something not directly related. I see where Commissioner Plummer was going.
You were trying to decide what your administrative costs are,...
Commissioner Plummer: Exactly, sir.
Mayor Suarez: ... whether they are excessive, whether your salary, or that of
any other staff, is too much a portion of your overall expenditures, and I
think he's got most of his answers on that. Are you otherwise satisfied,
Commissioner? Do you need anything else on this item?
Commissioner Dawkins: No. But I have another question to say.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: You know, if the job given to Miami Capital was not
what it is, then I could understand a comparison. But when Miami Capital is
charged with the responsibility of assisting those who - and I don't know what
Perot is calling them now - but the educationally and economically deprived -
I don't know what Mr. Perot calls them - but when they are charged with
dealing with those individuals, it takes a little more manpower. It takes a
little more strength, a little more tenacity than others to get the job done.
So when you make a comparison, or make a statement, you also have to take into
consideration what's being done. The individuals at Miami Capital assist in
starting businesses, prolonging businesses, and what have you. They cannot
just put a loan officer with that individual. Nine times out of ten, there
has to be an economic developer to package the deal, a financial advisor to
look over the deal, and all of these things come into play. So, please, when
you start to make the comparison, take into consideration what's being done.
Mayor Suarez: All right. On item nine, we have a motion with the proviso as
to that particular project. I think we did from Commissioner Plummer.
Commissioner Plummer: I moved it.
105
June 11, 1992
Vice Mayor Alonso: We did, I thought.
Mayor Suarez: Vice Mayor seconds.
Commissioner Plummer: I moved it.
Mayor Suarez: Call the roll. _
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-390
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH MIAMI CAPITAL DEVELOPMENT,
INC., (MCDI), TO PROVIDE $875,000 TO MCDI'S EXISTING
REVOLVING LOAN FUND PROGRAM (RLF), $125,000 FOR MCDI'S
ECONOMIC DEVELOPMENT ADMINISTRATION (EDA)
RECAPITALIZATION MATCHING GRANT, AND $250,000 FOR THE
ADMINISTRATIVE OPERATIONS OF MCDI FOR THE PERIOD OF
JULY 1, 1992 TO JUNE 30, 1992; ALLOCATING FUNDS
THEREFOR FROM THE EIGHTEENTH (18TH) YEAR 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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: Reluctantly, yes.
106 June 11, 1992
MW
-------------------------------------------------------------------------------
23. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION
APPOINTING INDIVIDUALS TO SERVE AS MEMBERS OF THE COMMISSION ON THE
STATUS OF WOMEN (See label 31).
-------------------------------------------------------------------------------
Vice Mayor Alonso: Mr. Mayor, if we can, I would like
please, since this item was continued at the last meeting,...
Mayor Suarez: Yes, and I see they are here.
to call item 24,
Vice Mayor Alonso: ... and I think we should really grant them the courtesy -_
of listening to them at this time.
Mayor Suarez: That's Bernadette and Monna.
Commissioner Plummer: And for the record, I would like to apologize that I
said that I would meet with your group and my business prevented me from doing
such, and I do apologize.
Ms. Monna Lighte: You were so brilliant this morning.
Commissioner Plummer: Thank you.
Ms. Bernadette Morris: And Thelma did meet with us, and thank you very much =
for giving her that opportunity.
Commissioner Dawkins: Pull the mike up to you, please, ma'am.
Mayor Suarez: As we always say about his business, the availability of his
clients is quite unpredictable.
Commissioner Plummer: And they never compla...
Commissioner Dawkins: And they don't answer him back.
Commissioner Plummer: And they don't complain.
Ms. Morris: Good morning, Mr. Mayor, Madam Vice Mayor and Commissioners. My
name is Bernadette Morris and I'm the chair of the Commission on the Status of
Women, and joining me is Monna Lighte, who is a resident of the City and also
a member of the Commission. We'd like to thank you for giving us the
opportunity to meet with you this morning. We also would like to ask that you
consider the names that we are recommending for nomination to join us on the
Commission.
Mayor Suarez: Do we need to put those names in the nomination, or can we
simply accept the list nominated in toto? - as they say. Since we are into
French today and Latin, why not.
Commissioner Plummer: Do they live in the City?
107 June 11, 1992
Ms. Lighte: They either live in the City or they have businesses in the City. o
Commissioner Plummer: And do...
Commissioner Dawkins: Well, I have already informed the Commission that I =_
will be choosing my own two.
Mayor Suarez: Do we have any names? _
Commissioner Dawkins: They may come from the list that they have, and they
may not. Give the list _, Mr. Mayor.
Ms. Morris: Of the list, and to comply with your request at the last meeting,
we have met the fifty percent (50%) requirement that they either live in the
City and/or own a business in the City.
Commissioner Plummer: Yeah, but I... Let me tell you where I've got a
problem, if I may. My problem is I notice that you, in delineation in
quotation, I don't see any Catholics or Protestants.
Commissioner Dawkins: Or Orientals.
Commissioner Plummer: But I do see a number of Jewish, indicating, I would
assume, that they are minorities by virtue of in the parentheses in all the
rest it's Black, Anglo and Hispanic, Nicaraguan. I don't see any Catholics
and I don't see any Protestants.
Ms. Morris: The religious component was in itself a mistake to include that
information.
Commissioner Plummer: It was what?
Ms. Morris: A mistake to include that information. It was basically...
Commissioner Plummer: I totally agree with you.
Ms. Morris: ... to give you an ethnic breakdown.
Commissioner Plummer: Now, other than the fact that they happen to be of a
certain religious faith, are you saying that your recommendation is predicated
on the fact that they are female? Because this is a total female board. What
is the other reason for the recommendation, other than the religion?
Ms. Morris: The religion should not have been...
Commissioner Plummer: That they want to be a part? - have been a part?
Ms. Morris: Yes. The religion should not have been a part of the listing
information altogether. Basically, we wanted to show the ethnic breakdown to
provide you with the general information that we are meeting the needs of our
City, as best as we can to the 96 or so that did apply.
108 June 11, 1992
Vice Mayor Alonso: Perhaps one item that you should emphasize is the
qualifications of these women, and perhaps put that on the record, that you
had the process,...
Commissioner Plummer: That was the reason I asked.
Vice Mayor Alonso: ... that you were very impressed by the quality of women
that presented their resumes and participated in the process. Maybe take...
Very briefly explain that it was a process that was followed and that you are
very satisfied with the quality of women that have been selected and all of
them were of high caliber, but those were very impressive and that you are
very pleased by the number of women willing to give of their time to
Commission as this.
Ms. Morris: Thank you, Madam Vice Mayor.
Commissioner Plummer: Can I appoint Rodney Barreto?
Vice Mayor Alonso: Who?
Commissioner Plummer: Rodney Barreto?
Vice Mayor Alonso: I don't think he qualified for this.
Commissioner Plummer: Why not? Why not? Is this a board only for women?
Vice Mayor Alonso: Because we live in a male -dominated society, and the least
we can do is have a commission that is formed by women.
Commissioner Dawkins: So you are being sexist, huh?
Vice Mayor Alonso: Or do you want us to start pressing for, at election time,
to vote according to gender?
Commissioner Dawkins: That would be fine because you all just got fifty-two
percent (52%) of the population, that's all.
Vice Mayor Alonso: Yeah, so we can win any election we want to.
Commissioner Dawkins: We got forty-eight percent (48%), that's all. Hey, no
problem. Nothing. Nothing.
Commissioner Plummer: How many members are on the Male Status Committee?
Ms. Morris: Commissioner Plummer, to address what you are indicating, the
bylaws that you had signed and created indicated that, "The Miami City
Commission on the Status of Women is hereby established and it shall consist
of 25 female members appointed to the Commission by the City..." and then it
goes on with...
Commissioner Plummer: That's not true.
Ms. Morris: ... additional articles and informations.
109
June 11, 1992
Commissioner Plummer: That's not true. Because I can tell you, unless that
was modified and changed, that Frank Cobo was definitely a member of that
committee.
Vice Mayor Alonso: What are you trying to say? -
Ms. Morris: If, in fact, you...
Commissioner Plummer: No, he was.
Ms. Morris: ... would like to submit this additional person, we would be more —
than happy to work with him.
Commissioner Plummer: I don't think Rodney's interested.
Mayor Suarez: All right.
Commissioner Plummer: He was definitely a member of that committee.
Commissioner Dawkins: He was. When I came on... —
Vice Mayor Alonso: That goes to prove that...
Commissioner Plummer: I voted for him.
Vice Mayor Alonso: ... very open minded.
Mayor Suarez: There we go.
Commissioner Plummer: Yes. Open minded. Nothing in the center to stop it.
Vice Mayor Alonso: On the contrary. In this Commission, the only woman
cannot be chairman of anything.
Commissioner Plummer: I still want to know how many members are on the Male
Status Committee.
Mayor Suarez: Commission on the Status of Males is going to be a one -person
committee. J.L. Plummer will be the person.
Commissioner Dawkins: Headed by J.L. Plummer.
Mayor Suarez: Will report back to us within one session of this Commission.
Commissioner Plummer: Mr. Mayor, my vote is, pick any two that you want on
this committee, as far as I'm concerned.
Commissioner Dawkins: Say what?
Commissioner Plummer: Pick any two they want.
Mayor Suarez: You want to reserve a couple?
110 June 11, 1992
Commissioner Dawkins: I'm reserving two. You all can do anything you want on
here. But I reserve the right...
Mayor Suarez: To submit two additional names?
Commissioner Dawkins: ... to choose my two.
Mayor Suarez: Does that create a problem for you? - that we...
Commissioner Dawkins: What difference does it make whether that creates a
problem for them? I got a vote up here.
Mayor Suarez: We've got an ordinance, too, sir,...
Commissioner Dawkins: Oh, all right.
Mayor Suarez: ... that we've got to abide by.
Commissioner Dawkins: OK. All right.
Mayor Suarez: If we vote on the entire list, and then we have two additional
names, does that create a problem with the ordinance?
Commissioner Dawkins: Yes, it does. How many is on this list?
Ms. Morris: The only thing we would have to do is then request that we amend
our recommendation from 25 members to 27 members.
Mayor Suarez: All right. And that could be done by...
Commissioner Dawkins: No, ma'am. No, ma'am. You amend your resolution to go
from 25 to 23, and then I put my two in. Don't put 25 and then tell me you
are giving me two extra. That's not fair. That's unfair.
Ms. Lighte: Whatever way you think should happen.
Commissioner Dawkins: OK. I mean,...
Mayor Suarez: All right.
Commissioner Dawkins: ... but this Commission up here has to decide. But
don't give me your pat list, and then tell me, now this is what we want and if
you just got to have two more, we'll give you two, but your two won't have no
vote because we've already chosen these 25 and they are ,just two stragglers
you got up here.
Mayor Suarez: Will they be full voting members? - the additional two.
Commissioner Dawkins: OK. I'll tell you what. -
Ms. Morris: With the additional, we will exceed what we, at this point, _
requesting.
111 June 11, 1992
y
i
Commissioner Dawkins: OK. Let me say this. Either you amend this to say,
appoint 23 people and Commissioner Dawkins has the right to appoint two to
make it 25, or go ahead and pass it for what you have and I vote no, and no _
problem with it. _
Mayor Suarez: All right. Commissioners, any motion that you want to make at
this point is proper. Just so we make these appointments and have the board
function and we can always adjust later when the new nominations are made.
Vice Mayor Alonso: Yeah, I will be...
Commissioner Dawkins: There will be no new... No, Mayor, I want you to
understand this.
Mayor Suarez: If new nominations are made.
Commissioner Dawkins: There will be no new appointments made by me, so there
will be no need for no adjustments.
Mayor Suarez: All right.
Commissioner Dawkins: I want to be sure we understand what I'm saying.
Mayor Suarez: No new nominations are made then. There's no...
Commissioner Dawkins: But let's understand what I'm saying up here. Don't
try to push something down my throat here now.
Mayor Suarez: All right.
Commissioner Dawkins: OK?
Mayor Suarez: You may vote however you want on the item, sir. Vice Mayor.
Vice Mayor Alonso: Yes. I have a question. Is it...
Ms. Lighte: You already have one, Commissioner. You have appointed someone.
Commissioner Dawkins: So I got one more. I don't have a problem with that.
Commissioner Plummer: Well, what the hell is he saying?
Mayor Suarez: OK. Vice Mayor.
Commissioner Plummer: I don't follow it.
Vice Mayor Alonso: Could you give us your opinion how we can resolve to
accommodate the appointment that the Commissioner would like to make to the
Commission, and how we can do it? These women were selected by your board and
how do we do this? s avoiding the embarrassment that could carry the selection
of elimination of a person who was already selected by you and work it out,
and even if we have to table this item until the afternoon, and perhaps you
could take a little bit of time to explain to the Commissioner how you feel
about this and maybe he will understand and allow the expansion...
112 June 11, 1992
Mayor Suarez: You could have a powwow at twelve o'clock with the _-
Commissioner, get some input.
Vice Mayor Alonso: ... to one additional member, if this will solve the
problem, and then next year, we can adjust all of these things to a reasonable
number, even reduce one if it has to be done.
Ms. Morris: With all due respect, Vice Mayor Alonso, what I'd like to at —
least recommend, or suggest is if, in fact, Commissioner Dawkins wants to —
select one additional person,...
Vice Mayor Alonso: Because they say he has one appointment.
Ms. Morris: ... because at last month's meeting, he did appoint one person. --
If that is acceptable with him, we will hold off on the appointment of one of _
these names, if you go ahead and approve...
Mayor Suarez: All right.
Ms. Morris: ... our putting on 13 people, and as a new member or as an
expiration date of a current member arises - we are aware that there will be
one person that will be resigning at that time - we will submit that person's
name then.
Commissioner Dawkins: Let the records reflect that Commissioner Dawkins will
be appointing nobody. Commissioner Dawkins does not feel, in his opinion,
that the Commission on the Status of Women is acting cooperatively with Miller
Dawkins and, therefore, let them go ahead and do anything they want to do, but
I want the records to reflect that I will appoint nobody from my office, I
don't want nobody reporting to my office and I couldn't want anybody from the
Commission on the Status of Women in my office.
Mayor Suarez: Well, to avoid that, why don't we table the item?
Vice Mayor Alonso: Yes.
Commissioner Plummer: Yeah.
Mayor Suarez: And meet with the Commissioner at 12:00.
Commissioner Plummer: May I suggest...
Mayor Suarez: Or two o'clock.
Commissioner Plummer: Commissioner Dawkins, may I ask of you, sir, in what
way do you feel they are not cooperating with you? Because if not, let's make
them cooperate with you.
Commissioner Dawkins: I feel that they have come up with a list that I didn't
know nothing about,...
Commissioner Plummer: OK.
113 June 11, 1992
Commissioner Dawkins: ... nobody has come to me before this. All of a sudden
they come up with some people who they have sat down and they...
Commissioner Plummer: In cooperation, you want them to come to you and get...
Commissioner Dawkins: No.
Commissioner Plummer: ... recommendations?
Commissioner Dawkins: I want them to have asked me for some people. That's
all I wanted.
Commissioner Plummer: Fine. So that's easy. We defer the item.
Commissioner Dawkins: That's all I wanted. Just don't come and tell me...
Commissioner Plummer: We defer the item.
Commissioner Dawkins: ... here is a blue ribbon committee. This is what we
decided that we need for you... Hey, no. I'm not going to do it.
Ms. Morris: Excuse me. If I may just say one quick thing before you make
that type of vote. Back in October all of the Commissioners were, in fact,
notified that there will be several vacancies and we would like to recommend
and entertain any of the names of the people that you may suggest or like for
us to place on the Commission. With no response, we then did an extensive
advertising campaign, where we wrote releases in English, Spanish and Creole,
and advertised them throughout the City of Miami. We gave it a six -week
period.
Mayor Suarez: Bernadette, when we table an item, we could act on it later on
today, and we are 18 minutes away from the lunch hour and I suggest a quick
meeting with the Commissioner. You don't need to have...
Commissioner Dawkins: Move it and forget about it.
Mayor Suarez: Yeah, you don't need to have...
Vice Mayor Alonso: No, I don't think...
Mayor Suarez: You don't need to come back in the afternoon if he's...
Commissioner Dawkins: OK. I'm not going to change. You all go ahead with
what you got. OK? I've made my statement. OK? And I should not have had to
make this statement. They should have said, OK, we'll sit down and work it
out. But instead of saying let's work it out, they said, we are going to keep
our 25, we'll give you two. Then when I say, no that won't work, they say,
well, we are going to keep our 25 and give you one. So they are saying the
hell with you.
Ms. Morris: Excuse me. But for the record, I'd just like to indicate that
the Commission on the Status of Women did very much make it a point, before we
even advertised outside, to all of our Commissioners, to please suggest names
that you'd like to submit. Because we did not,...
114 June 11, 1992
Commissioner Dawkins: Move the item.
Ms. Morris: ... at that time, receive any names, we did go on to advertise.
Commissioner Dawkins: Move the item. —
Ms. Morris: And these are the lists of names...
Commissioner Dawkins: Call the roll. I mean, I call the order of the day.
Ms. Morris: ... that we have found comparable.
Mayor Suarez: What is the Commissioners' desires? Does anybody move the
item? Or does somebody want to table the item? What is your preference?
Commissioner Dawkins: I call the order of the day.
Mayor wuarc-,* 1 :ain't,. kp, ;l. �, .� ., ,,;:,�t �.e Li a u� Commissioner.
:� LE: l.fi, k^ t�ia4�• iT ,
Vice Mayor Alonso: Well, I don't feel right about doing this, but I think the
Commission has to continue doing the work and I hope that they meet with
Commissioner Dawkins and find a reasonable solution and work and cooperate
with him. I will move the item as presented to us.
Mayor Suarez: So moved.
Ms. Morris: Thank you.
Mayor Suarez: Do we have a second on the submission of the...
Commissioner De Yurre: Second.
-{ Mayor Suarez: Second. Any discussion? If not, please call the roll.
t
MOTION FAILED. THEREUPON, MOTION DULY MADE BY VICE
j MAYOR ALONSO AND SECONDED BY COMMISSIONER DE YURRE, TO
APPOINT CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE
-. COMMISSION ON THE STATUS OF WOMEN WAS DEFEATED BY THE
FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
NOES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS DURING ROLL CALL:
Commissioner Dawkins: I vote no for reasons stated.
115
June 11. 1992
Commissioner Plummer: I'm going to vote no. And the reason for my no vote is
that I think that there should be another stab at trying to establish
communications in the Commissioner's office. I don't think any committee
should go away from here without having the Commission happy and what we are =
trying to accomplish, to have a good working relationship. I have already,
for the record, indicated any of them they recommended was fine with me, but
I'm voting negatively for my colleague, who feels that there needed to be more --
cooperation. —
Mayor Suarez: I vote no. It has the same effect. The item may be
resubmitted today in the afternoon, if you are able to get concurrence from
Commissioner Dawkins.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Alonso: Uh,...
Mayor Suarez: Yes.
Vice Mayor Alonso: ... for the record, let me ask a question, and the reason
that I moved it was because Commissioner Dawkins made it very clear he is not
to change his position, and it might take some time before he can work this
out with the Commission, and if that is the case...
Mayor Suarez: Then bring it up in the afternoon. We'll vote on it. I'll
vote on it.
Commissioner Plummer: Sure.
Vice Mayor Alonso: ... maybe we could bring it up in the afternoon.
Commissioner Plummer: Fine.
Mayor Suarez: Yes. Absolutely.
Commissioner Plummer: It's amazing what buying him lunch will do.
Vice Mayor Alonso: And that is his privilege to do so, and I hope that you
people do everything in your power to work with Commissioner Dawkins to
resolve this problem and come back perhaps to us in the afternoon.
Commissioner Plummer: It's amazing what buying him lunch will do.
AT THIS POINT, THIS ITEM WAS TABLED.
Ms. Morris: Thank you.
116 June 11, 1992
t o
------------------------------------------------------------------------------
_ 24. ALLOCATE $450,000 OF 18TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS (PREVIOUSLY APPROPRIATED BY ORDINANCE 10955) AS FOLLOWS: (a)
$55,000 TO JEWISH FAMILY SERVICES, INC., FOR CITYWIDE SENIOR CRIME WATCH
PROGRAM; (b) $80,000 TO TRI CITY COMMUNITY ASSOCIATION, INC., FOR HOME
IMPROVEMENT PROGRAM; (c) $65,000 TO GREATER MIAMI YOUTH SERVICES CORPS,
INC., FOR PUBLIC IMPROVEMENT PROGRAM; (d) $250,000 TO BLACK ARCHIVES -
HISTORY AND RESEARCH FOUNDATION OF SOU1H FLORIDA, INC., FOR LYRIC _
THEATRE REHABILITATION.
------------------------------------------------------------------------------
Mayor Suarez: Item 10.
Commissioner Plummer: Mr. Mayor, I've got to ask a question about 10 and 11.
Either I'm crazy - which a lot of people think that is true -...
Commissioner Dawkins: True.
Commissioner Plummer: ..e did we not, at the last Commission meeting, be
informed that we had $1,000,000 of such to reallocate because the money that
we had allocated to Junior College downtown for acquisition of property was
not allowed by HUD?
Mr. Frank Castaneda: No.
Commissioner Plummer: That never happened?
Mr. Castaneda: No, Commissioner.
Commissioner Plummer: Commissioner Dawkins.
City Manager Odio: No. What happened is they had to get matching funds from
the County and they did not get matching funds from the County. So,
therefore,...
_! Commissioner Plummer: OK. Then let me qualify my statement another way. Is
it a true statement that the money that was allocated to Junior College, I was
told at the last meeting, had to be reallocated to a different source? Is
that a true statement?
Mr. Castaneda: No.
Commissioner Dawkins: Whoal
Mr. Castaneda: No.
Vice Mayor Alonso: Yeah, the money is available now. Is available.
Commissioner Dawkins: Table this till after lunch. I'll bring you the
minutes. I got the minutes. You want them now?
117 June 11, 1992
1
-f
Commissioner Plummer: No, no, no. I'm asking, you know, because Edward
Padron called me, telling me that he was soliciting...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Eduardo. Is it not Edward?
City Manager Odio: Eduardo.
Commissioner Plummer: Dr. Padron. Will you accept that one?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Thank you. That soliciting my support, and I told him
for what? And he said, "For the monies for the Junior College." And I said,
"Wait a minute. I cannot support you in something that I have been told was =
disallowed." And he said, "Weil, where did you hear that?" And I said, "I
heard it at the last Commissi,in meeting from the Manager, from Frank
Castaneda, that the money had to 'ie reallocated."
City Manager Odio: No. What we said was that the conditions that you had
given them the money stated that they had to get matching funds from the
County.
Commissioner Plummer: I heard that the money had to be reallocated. Did you
hear that? That's what I heard.
City Manager Odio: The County gave them no monies. So, therefore, it was
your decision as to what to do with the $1,000,000.
Commissioner Plummer: OK. So what you are saying is that there is nowhere on
the record that you or the Administration indicated that the money had to be
reallocated?
Mr. Castaneda: Yeah.
City Manager Odio: Yeah, we said that since...
Vice Mayor Alonso: Yes.
City Manager Odio: ... they did not get the matching funds from the County,
you should reallocate the money.
Vice Mayor Alonso: Yes.
Commissioner Plummer: OK. Now, Frank when Dr. Padron called you,...
Mr. Castaneda: Um-hmm.
Commissioner Plummer: ... and he said that he did,...
Mr. Castaneda: Yes.
118 June 11, 1992
Commissioner Plummer: ... did you tell him that the reason for the
redistribution was, in fact, because they didn't get the matching grant?
Mr. Castaneda: I did tell that to Kathy Sheehy, I did not tell that to...
Commissioner Plummer: To who?
Mr. Castaneda: Kathy Sheehy, she works...
Commissioner Plummer: Who is she?
Mr. Castaneda: She works for Eduardo Padron.
Commissioner Plummer: Uh-huh. Well, are you aware that Kathy Sheehy
obviously did not tell Dr. Padron that?
Mr. Castaneda: That I don't know.
Commissioner Plummer: Because Dr. Padron called me back on Tuesday telling me
he's still expecting the money. That's why I'm asking the question. Why?
Mr. Castaneda: No,...
City Manager Odio: The only way...
Vice Mayor Alonso: But he was here when we said...
City Manager Odio: That's correct.
Vice Mayor Alonso: ... that he needed to get matching funds.
Commissioner Plummer: But he was not here last Commission meeting.
City Manager Odio: The only...
Vice Mayor Alonso: He was not here.
Commissioner Plummer: OK?
City Manager Odio: The only way...
Commissioner Plummer: And such
redistributed.
The one before that.
time as the money was going to be
City Manager Odio: The only way you could do that would be saying they do not
have to have matching funds.
Commissioner Plummer: Sir, I'm not arguing the point. I'm telling you that
the good doctor called me telling me that I was mistaken, that he was still
looking to get the money and was asking for my support.
Mr. Castaneda: True.
City Manager Odio: True.
119 June 11, 1992
Contnissioner Plummer: And I'm telling him...
Mr. Castaneda: True.
City Manager Odio: You can do that if you wish.
Commissioner Plummer: Ain't no way.
Mr. Castaneda: Yeah. See he's still looking for your support, Commissioners.
Commissioner Plummer: OK. But at this particular point, we have reallocated
the money?
Mr. Castaneda: No.
City Manager Odio: No.
Commissioner Plummer: It's still in the bank?
City Manager Odio: It's still sitting there.
Commissioner Plummer: But you had recommendations in a backup material in the
last agenda...
City Manager Odio: Yes, we did.
Commissioner Plummer: ... how the money should be reallocated.
City Manager Odio: Yes, we did.
Commissioner Plummer: Is that correct?
City Manager Odio: Yes, we did.
Commissioner Plummer: OK.
City Manager Odio: And we never recommended the Junior College anyway.
Commissioner Plummer: Guilt by assumption. OK.
City Manager Odio: On 11, you were talking about 11, Commissioner?
Commissioner Plummer: No, 10.
City Manager Odio: Oh, OK.
Vice Mayor Alonso: Ten and 11, which was all of the social monies.
Commissioner Plummer: Well, 10 and 11.
City Manager Odio: Yeah, OK. In 11, we have the Holy Cross Child Day Care
Center problem there.
120 June 11, 1992
Aft
Commissioner Plummer: We got more than that, sir.
Mayor Suarez: OK. On item...
Vice Mayor Alonso: This item 11 is more complicated...
City Manager Odio: Yes.
Vice Mayor Alonso: ... than really meets the eye.
Commissioner Plummer: Item 11 is not simple.
City Manager Odio: Yes, it is, because we have the De Hostos thing.
Vice Mayor Alonso: Yeah, I don't think we should take this one...
Commissioner Plummer: I understand that, but we also have the problem with
the Haitians.
Vice Mayor Alonso: It's very complicated.
City Manager Odio: Correct. OK...
Commissioner Plummer: Nobody has come back yet on the Haitian situation and
told us where that money is going to go to.
Mayor Suarez: Where are we? On item...
Commissioner Plummer: That was 11 he was referring to. We're on item 10.
Mayor Suarez: Eleven and 10.
Mr. Castaneda: We are on item 10.
City Manager Odio: No, 10.
Mr. Castaneda: Ten.
City Manager Odio: Item 10.
Mr. Castaneda: We are on item 10.
Mayor Suarez: OK. Does anybody have any problem with voting on item 10 at
this point?
Commissioner Plummer: What is the Jewish Family money going for?
City Manager Odio: It's the Citywide Senior Crime Watch program.
Mr. Castaneda: Right. They put locks on people's... that have been victims
of crime.
Commissioner Plummer: And that has no problem with church and state?
121 June 11, 1992
IN
Mr. Castaneda: NO.
Mayor Suarez: OK.
Commissioner Plummer: OK. =
Mayor Suarez: On item 10, I'll entertain a motion.
Commissioner De Yurre: Move.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Call the roll on item 10.
ROLL CALL ON AGENDA 10:
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-391
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING $450,000 OF
18TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10955,
ADOPTED APRIL 2, 1992, AS FOLLOWS: $55,000 TO JEWISH
FAMILY SERVICES, INC. FOR THE CITYWIDE SENIOR CRIME
WATCH PROGRAM; $80,000 TO TRI CITY COMMUNITY
ASSOCIATION, INC. FOR A HOME IMPROVEMENT PROGRAM;
$65,000 TO THE GREATER MIAMI YOUTH SERVICES CORPS,
INC. FOR A PUBLIC IMPROVEMENT PROGRAM, AND $250,000 TO
THE BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF
SOUTH FLORIDA, INC. FOR LYRIC THEATRE REHABILITATION;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE AFOREMENTIONED AGENCIES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miriam Alonso
122 June 11, 1992
AOL
25. BRIEF DISCUSSION AND TEMPORARY DEF�kRAL OF PROPOSED RESOLUTION
ALLOCATING $1,778,855 OF 18TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS (APPROPRIATED BY ORDINANCE 10955) TO PREVIOUSLY NAMED
SOCIAL SERVICES AGENCIES FOR APPROVED SOCIAL SERVICE PROJECTS (See
labels 28, 29 & 65).
------------------------------------------------------------------------------
Mayor Suarez: Eleven is a companion item to that? No?
City Manager Odio: Eleven we have the... I have to point out the...
Commissioner Plummer: We got a lot of discussion on 11.
City Manager Odio: ... De Hostos, you know the Holy Care...
Mayor Suarez: All right. Because that is a global one. Commissioner De
Yurre you wanted item 13, if people concerned are here. And 12 we can always
take up any other time.
26. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION APPROVING FINDINGS OF
THE MIAMI CONVENTION CENTER SELECTION COMMITTEE AS TO MOST QUALIFIED
MANAGEMENT COMPANY FOR MANAGEMENT / OPERATION / MAINTENANCE FOR THE
CONVENTION CENTER (See label 32).
Mayor Suarez: On item 13, what is the recommendation of the... ?
City Manager Odio: The Selection Committee recommended Leisure Management
International as one, Spectacor Management Group, two, and TECTON Management
Services, three.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: I would like to recommend that this be given back to
the Manager and that the Manager discuss this with each one of these groups
and come back to me and tell me which one is going to make money for the City
of Miami. All three of them, Mr. Manager, according to what I see, say
they're going to lose money. So why should we pay them to lose money? So,
therefore, if - and, then, if, because, in my opinion, you could hire somebody
off your... I mean, put somebody off your staff to lose money...
City Manager Odio: No, Commissioner.
Commissioner Dawkins: To lose money.
City Manager Odio: Commissioner, I wish we could do that.
123 June 11, 1992
Aft
Commissioner Dawkins: I mean, if you're going to lose money, it doesn't make
any difference who loses it, Mr. Manager.
City Manager Odio: You know what happened, Commissioner, 1977 when they began
the process to build the Knight Center, somebody put a clause in there that we
will always have to have a management company in the Center, and it's tied to
the bond sales. At one point I tried to...
Commissioner Dawkins: Isn't it somewhere written that anything that's
legislated can be unlegislated by a legislative vote?
City Manager Odio: I wish it was,..
Commissioner Dawkins: I don't know. I'm asking.
City Manager Odio: I was told at the time that you could not remove that
clause from there, that you had to have...
Commissioner Dawkins: Never in life.
City Manager Odio: That's what I understand. As long as... No, as long as
we have the debt.
Commissioner Dawkins: And you cannot go to court. You cannot go to court and
have this changed.
City Manager Odio: I don't know. I would have to ask the Attorney, but I...
Commissioner Dawkins: No, I asked this Attorney. He does closings.
Commissioner De Yurre: Well, if you refinance the bonds then you can take
that clause out.
City Manager Odio: We did refinance it already.
Commissioner Dawkins: No, but you didn't take the clause out.
Commissioner De Yurre: But the clause is still 1n there.
City Manager Odio: The clause is there. We have to have a management
company.
Commissioner Dawkins: So we... Go ahead, I'm sorry.
Commissioner De Yurre: As long as the clause is in there, and it's a
requirement of the bonds, then you're stuck with that requirement.
Commissioner Dawkins: But if you refinance the bonds...
Commissioner De Yurre: If you, in the future, refinance and take that clause
out and it's refinanced as such without the clause, then you don't have to
abide by that.
124 June 11, 1992
City Manager Odio: I don't know. I wish I could say yes to that. You know,
you have a three -party...
Commissioner De Yurre: Well, how about the person next to you, can he say yes
to that, or nay, or what?
City Manager Odio: Wait, wait, because this is a complex...
Commissioner De Yurre: What does he say?
City Manager Odio: You have a three -party contract. It's not the City
contract. You have the developer and the University and us. It's a very
complex contract. Can I look at it with him and then come back? --
Commissioner De Yurre: Right now, what is the status? Where are we at on
this issue?
City Attorney Jones: Well, what you'd have to have if you want to take the
clause out, you'd have to have an agree...
Commissioner De Yurre: No, no, no, is the clause in, right now? Does it -
exist?
City Attorney Jones: As far as I know it does, yes.
Commissioner De Yurre: So, we're tied at this point in time - 11:53 today -
from doing other than selecting a management company...
City Attorney Jones: You'd be tied to the provision of the clause. _
Absolutely.
Commissioner De Yurre: ... right? So we forget about doing it ourselves.
We're tied to a management company. Now, we have a recommendation. There's a
process, and you've come here with a recommendation - one, two, three - and
your recommendation is that we start to negotiate with the one that was number
one. Is that your recommendation?
City Manager Odio: Yes, but he's asking that... Commissioner...
?j
Commissioner
De Yurre:
But he was asking about something that can't happen.
71
71
Commissioner
Dawkins:
No, no. Why can't you... ? We're both trying to find
out. Why can't
you negotiate
to find out who will tell you that they won't
-
lose money, or who will
tell you who will lose the least amount of money?
Commissioner
De Yurre:
Well, hasn't that been part of the process...
'1
Commissioner
Dawkins:
No, no.
Commissioner
De Yurre:
... as to what they offer?
-;
Mr. Tony Pajares: Commissioner, if I might explain something.
=i
Commissioner
De Yurre:
How did you get to this selection?
=;
125 June 11, 1992
City Manager Odio: We have a selection committee that interviewed the three
companies, I suppose. I don't know if there was another one, but three at
least.
Mr. Pajares: Commissioner, referring to Commissioner Dawkins...
Mayor Suarez: What were the criteria, and did the criteria include the
profitability, or the return, or the expenditure to the City? - which I
presume has got to be one of the criteria.
Mr. Pajares: Mr. Mayor, we are now going to negotiate a contract with the
number one ranked company. In that contract, part of that contract is their
fee and the budget. We will not allow - we have to approve the budget. We
would not allow a budget that loses money. So, as far as the negotiations are
concerned, we will give them an expense according to their revenues. If they
project losing money, we will not approve that part of the budget. —
Commissioner Dawkins: OK, Mr. Manager, through you to Mr. - Tony. Of the
three groups recommended, did the number one group say that it would lose less
money than the number two and number three group, or did it say it would lose
more money than the number one and the number two group, or did it say it
would break even with the number three group? =-
Mr. Pajares: The number one ranked group projected losing more money.
Commissioner Dawkins: All right, so, therefore, to answer your question, Mr.
Commissioner, they have decided to go with the number one group who says I'm
going to lose more money for you and therefore they are recommending them as
the number one group.
.6
Mr. Pajares: Yes, sir, but the number one ranked company is not aware of the
fact that we have to approve their budget, and we would not approve a budget
that loses money.
Commissioner Dawkins: OK, but all I'm saying, Tony, is that you have
recommended to me... I mean, you are telling me today to allow the manager to
negotiate with a company that already told me that I'm going to make less
money for you.
Mr. Pajares: Yes, Commissioner.
Commissioner Dawkins: All right, now, is that the same company that's
managing now?
9r. Pajares: No, LMI is the number one ranked company. They manage the
Arena.
Commissioner Dawkins: OK.
Mr. Pajares: The Arena, though, has a different kind of contract than we do.
Mayor Suarez: That has nothing to do with his question, Tonyl
126 June 11, 1992
M
Commissioner Dawkins: I'm not even discussing the Arena.
City Manager Odio: It is not. It is the...
Mayor Suarez: The criteria, we would think, logically would take into
consideration what the expected losses or profits would be from the operation.
Commissioner Dawkins: And my problem...
Mayor Suarez: It seems...
Commissioner Dawkins: I'm sorry, Mr. Mayor.
Mayor Suarez: ... the logical question to ask, if these are the people that
are projecting the biggest losses of all, what are the reasons that otherwise
brought you to make the recommendation? If you think those are more realistic —
projections, or whatever, you know.
Mr. Pajares: Yes. Mr. Mayor, there were ten members in that committee that
selected...
Mayor Suarez: Now we're going back to membership to the committee, which is
fine...
Mr. Pajares: No, no, no, let me just...
Mayor Suarez: ... but I'd really, I'm trying to get at the parameters of what _—
those people analyze.
Mr. Pajares: I am going to tell you.
Mayor Suarez: Please, it's been a while that we're trying to get that. —
Mr. Pajares: It is based on location of the company, affirmative action of
the companies, there were several criteria. Out of the ten members, eight...
Mayor Suarez: Is one of those criteria - don't get into evaluation here,
we're going to get to that in a second, Tony - is one of those criteria...
City Manager Odio: Financial.
Ms. Anne Whittaker: Mr. Mayor...
Mayor Suarez: ...the ability of the company to cost effectively manage this
facility?
Commissioner Dawkins: Let me ask one question before you leave that, Mr.
Mayor.
Ms. Whittaker: Mr. Mayor, let me, please, read you...
Mayor Suarez: Wait, wait, because that is related, germane...
127 June 11, 1992
Commissioner Plummer: That was not delineated, here, sir. Nowhere here was
that delineated.
Mayor Suarez: Let's get that because that's related to the question of the
expected losses.
Ms. Whittaker: Yes, the selection criteria were listed, five points.
Commissioner Plummer: Excuse me, who are you, ma'am?
Ms. Whittaker: I work with GSA Department.
City Manager Odio: Put your name on the record.
Commissioner Plummer: Would you give us your name and...
Ms. Whittaker: Anne Whittaker, Procurement Contracts Officer.
Mayor Suarez: Remember the question, please, because it's germane to the
question previously asked by Commissioner Dawkins. Is one of the criteria,
one of the criteria related to the profitability of the management of this
facility?
Ms. Whittaker: Yes, sir.
Mayor Suarez: Explain, please. Elaborate on that.
Ms. Whittaker: OK. There were five criteria, and I'll read them out for you.
The proposer's ability to meet the City's objective, the adequacy of the
proposed fiscal plan, which is what Mr. Dawkins is asking, the proposer's
experience and past performance, the proposer's reputation and references, the
proposer's demonstrated financial responsibility.
Mayor Suarez: Right, in this case, if they project bigger losses than the
other ones, why do you still believe that this is the most desirable one?
Ms. Whittaker: Because it was the consensus of all the members of the
committee, including two accounting people who were there who said that the
proposed fiscal plan did not... It was very difficult to evaluate because
it's not something that you could get a fix on in any one fiscal year. For
example, they have been losing money for a number of years and last year was
the only year that the present company made any money at the facility. So,
you know, they decided it was very difficult to get a fix on that and when it
was tabulated with all the other criteria, LMI came out...
Mayor Suarez: OK, the other criteria that you have stated, or were there more
than five?
Ms. Whittaker: Excuse me, sir?
Mayor Suarez: There were five criteria and how many evaluators?
Ms. Whittaker: Ten.
128
WM
June 11, 1992
l
7
City Manager Odio: Out of the ten, eight voted LMI as number one. And the
only two...
Commissioner Plummer: Yeah, I thought it was very significant, the two that
didn't were the two that worked for the City.
City Manager Odio: Tony Pajares and Carlos Garcia, for the record, put them
on two.
Commissioner Plummer: I thought it was very significant.
Vice Mayor Alonso: Could it be because they know the company and the working
relationship of being close to them played a role?
Mr. Pajares: Commissioner, we all really evaluated each item as they
presented their presentation, as they did their presentation. And we each
assigned vote, as I understand, because I was there. At the end, we tallied
the results and my vote was the way it was and Carlos Garcia's vote, but there
were other three staff members from the City that were there, and they voted
in favor of LMI. And the total, including the five members that the
Commission named, they all five voted for LMI.
Commissioner Dawkins: That's another thing I'm going to have a problem with.
Mr. Manager, from now on, when we have selection committees, let the people
appointed by the Commission outnumber the staff members.
Commissioner Plummer: Well, I've always said that.
Vice Mayor Alonso: But they didn't.
Commissioner Dawkins: But there was an even number - it's always even.
Commissioner Plummer: I've always said to get... you know.
Mayor Suarez: Who were the five that we appointed? I mean, I know who were
mine, but I'd like to hear the names put on the record.
Commissioner Plummer: I had Tad Templeton.
City Manager Odio: You had Mr. Shepard.
Mayor Suarez: I know I nominated attorney Steve Perrone.
Mr. Pajares: You nominated Steve Perrone. Mr. Plummer nominated Tad
Templeton. Vice Mayor Alonso nominated Gabriel Torres. Commissioner Dawkins
nominated Mariela out of his office, and Commissioner De Yurre nominated Dewey
Knight, Jr.
Commissioner Plummer: Let me ask a question, because I don't have it here.
What is the total cost for a year, or an average year of any of these? -
because we don't have any of that in our backup material.
Commissioner De Yurre: The fees?
_' 129 June 11, 1992
E
Commissioner Plummer: Yeah, the fees.
City Manager Odio: They average from one -fifteen to one -fifty.
Commissioner Plummer: All right, the reason...
City Manager Odio: That's to be negotiated.
Commissioner Plummer: OK, the reason I'm asking that, Mr. Manager, from one -
fifteen - a hundred fifteen thousand dollars - this is for management,
operation and maintenance. What is the scope of maintenance?
Mr. Pajares: No, well, OK, the maintenance is part of the responsibility. It
doesn't mean that the cost of the maintenance is included in the fee.
City Manager Odio: We pay for that.
Mr. Pajares: It is strictly a fee. Maintenance is like labor, like
promotion, like all the other things we do.
City Manager Odio: But that's the budget you approve separate. In other
words, they get a fee, no matter what. Then we have to put a budget on what
they're calling for in labor used in the center.
Commissioner Plummer: And, well, do we see their budget?
City Manager Odio: Oh, we have to approve it.
Mr. Pajares: Oh, yes. Item by item, and it is re...
Commissioner Plummer: We see it.
Commissioner De Yurre: Let me ask this. In comparing the expenses, or the
costs, are you saying that the number one group was the most expensive, or
that would suffer the greater amount of losses projected, were there any
factors, or were we comparing apples to apples in the three groups? Did they
put in the same factors as far as coming up with their numbers? Was that
looked into, or did one group put other costs that maybe one of the other
groups had put in, or...?
Mr. Pajares: No, they all received the same information to make their
proposals. They all received identical bids.
Commissioner De Yurre: Well, I think the consensus of this Commission is that
we're not here to lose money on this thing, so the message has to be clear
that if you start negotiating with number one, they got to understand that,
and if they can do it, fine. If not, then you move on to number two.
Mr. Pajares: Commissioner, when they made the presentation, as a matter of
fact, I made it a point to tell all three companies that they would not be
allowed a deficit. We review their budget month by month. If, whatever their
projections are made in their proposal, meant nothing if they don't project
higher revenues. So, as far as I'm concerned, that's the policy we have now.
They cannot be an operating deficit.
130 June 11, 1992
AOL
Vice Mayor Alonso: Why didn't we set a fee that they have to pay the City of
Miami and we know whether they lose or made money. That's not our problem.
We are protected. I would like to see this in the future that they pay the
City. Rather than the City helping some companies make money, we should have
a guaranteed amount coming to us so that we know that they will make an effort
to do better because they have to pay us.
Mr. Pajares: Commissioner, part of the negotiated contract that we are
planning to do with them is an incentive, after break-even point. In other
words, they will make... We have a basic fee structure now. After they break
even, whatever they make, we're going to negotiate to give them an incentive
to market the facility better.
Vice Mayor Alonso: Right. But if they lose money, what happens?
Mr. Pajares: If they lose money, the way the whole bond structure and our
contract with the developer and the University, we have to absorb it. The
only thing we can do,...
Vice Mayor Alonso: There you have it.
Mr. Pajares: ... at this point, is to make sure...
Vice Mayor Alonso: And that's the problem.
Mr. Pajares: Yes.
Vice Mayor Alonso: That's the problem. We've been giving them... Why should
they... If we come and write a check and we pay one million two hundred
thousand, whatever the amount, and that's part of the problem,...
Mr. Pajares: Commissioner, when...
Vice Mayor Alonso: ... and I think it's our fault.
Mr. Pajares: Yes. When...
Commissioner Plummer: What's their total budget last year?
Mr. Pajares: One point nine.
Commissioner Plummer: One point nine million dollars.
Mr. Pajares: Was their operating budget. Yes, sir.
Commissioner Plummer: And how much was the total subsidy of the... What was
the total subsidy of the Center?
Mr. Pajares: Pardon me.
Commissioner Plummer: How much was the total subsidy of the Center?
Unidentified Speaker: Three point five.
131 dune 11, 1992
Commissioner Plummer: Three point five. And how much did we make from the
hotel?
Mr. Pajares: No, nothing from the hotel.
City Manager Odio: Oh, the hotel? Zero.
Commissioner Plummer: Just for the record, we have never, ever received...
City Manager Odio: By the way,...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: We have never, ever received a penny for the hotel.
City Manager Odio: You know when you get rent from the hotel? When they hit
twenty million dollars of gross sales, you begin to get something.
Commissioner Plummer: Danny Paul was good on that one.
City Manager Odio: Well, I...
Mr. Pajares: The hotel presently, last year, the last statement we had was
nineteen million point seven. Hopefully, it will reach...
Commissioner Plummer: Isn't that convenient? And when does that contract run
out?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Pajares: I believe it's ninety years.
Commissioner De Yurre: J.L. may still be around.
Mr. Pajares: So is the contract with the University, by the way.
City Manager Odio: Ninety -year contract.
Vice Mayor Alonso: Tony.
Mr. Pajares: Yes, ma'am.
Commissioner Dawkins: Mr. City Attorney. Have somebody, and if you don't
have them, let me know, to research how to restructure the bond debt and try
to eliminate this situation. Because the University of Miami, and I hate to
keep picking on them, does not contribute one iota, and Miami -Dade has more
workshops and seminars at the Knight Center than the UM does.
Commissioner Plummer: Oh, yeah.
Commissioner Dawkins: OK? So the people who are being subsidized are doing
the least to assist us. So find out if we restructure the bond sale and write
that out, what are our possibilities of being successful in court, because
they're going to definitely challenge us in court.
132 June 11, 1992
AAk
Mr. Pajares:
Commissioner, let me point out that, that clause
is mainly in
the agreement
with the
developer to induce the developer to put the tower, the
hotel tower itself,
on
top of our four floors. So that is...
Commissioner
Dawkins:
OK. But...
Commissioner
Plummer:
Let me ask you this Tony.
Commissioner
Plummer:
They get...
Commissioner
Dawkins:
... don't we, the City of Miami, make the developer's
mortgage payment, because he doesn't make it from the hotel?
Mr. Pajares:
No, sir.
Commissioner
Dawkins:
Who makes it?
Mr. Pajares:
They do.
They do.
Commissioner
Dawkins:
They cover it, and still we don't make any money?
Mr. Pajares:
Yes, sir.
And they're in bankruptcy court.
City Manager
Odio: But now we...
Commissioner
Dawkins:
They're in bankruptcy court?
Mr. Pajares:
Yes, sir,
they are.
Commissioner
Dawkins:
Then that's more reason why we should
be trying to
break the lease agreement,...
City Manager
Odio: Miller,
we...
Commissioner
Dawkins:
... before somebody else gets in there
with the same
agreement.
City Manager
Odio: We
might just have a window here...
Commissioner
Dawkins:
Thank you. OK. Don't discuss it with
me, try to do
It, sir.
City Manager
Odio: We
are waiting for that.
Commissioner
Dawkins:
Don't discuss it. See Mr. Goldfarb.
Don't try to
discuss it.
Commissioner
Plummer:
You said that their budget,...
Commissioner
Dawkins:
See Mr. Goldfarb.
Commissioner
Plummer:
... Tony, was a million nine?
133 June 11, 1992
Mr. Pajares:
Pardon me.
_-
Commissioner
Plummer: You said their budget was a million nine?
Mr. Pajares:
Their operating profit. Yes, one...
e
Commissioner
Plummer: I'm assuming on top of that, is the three point
five _
subsidy.
City Manager
Odio: No, no. See, we pay for the debt service.
Mr. Pajares:
Yes.
City Manager
Odio: This is operation.
Commissioner
Plummer: Is this three point five on top of that?
Mr. Pajares:
Yes.
Commissioner
Plummer: OK.
City Manager
Odio: This is operation.
Commissioner
Plummer: And what is your total budget?
City Manager
Odio: No, you have the parking garage.
Mr. Pajares:
Eleven million...
City Manager
Odio: You have the parking garage.
Commissioner
Plummer: OK. And how much subsidy on the parking garage?
Mr. Pajares:
The parking garage makes a profit...
Commissioner
Plummer: So there's no subsidy there.
Mr. Pajares:
... of about four hundred thousand, but the parking garage...
The Finance
Department assigns it close to a million point five of the
_=
debt
service.
Commissioner
Plummer: So subsidy comes out of your budget. Is that correct?
OK. Your budget is eleven million dollars, and the subsidy now required,
as I -_
see it, is just half of that.
Mr. Pajares:
No. Three point five. No, no, Commissioner. The one
point
nine...
-
Commissioner
Plummer: Yeah.
Mr. Pajares:
... is not on top of the three point five.
Commissioner
Plummer: It's included in it?
134 June 11, 1992
i
Mr. Pajares: Yeah, that's correct.
Commissioner Plummer: OK. Then that makes it even more critical. Where does
the rest of your money go?
Mr. Pajares: Where does the rest of the money what?
Commissioner Plummer: You're getting eleven million dollars in the budget for
operation of the convention centers.
Mr. Pajares: Yes, sir.
Commissioner Plummer: Where does your money go?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Pajares: Yes.
Commissioner Plummer: OK. Give it to me, and I'll come back and ask
questions after lunch.
City Manager Odio: The point is this. I just want you to... In my opinion,
Touche, whatever the company that did the feasibility on the Knight Center...
Mr. Pajares: Howards and Howards.
City Manager Odio: ...way back in 175, were absolutely wrong, absolutely
wrong. That...
Vice Mayor Alonso: That's the story of our lives.
City Manager Odio: That Center, in my opinion, will never be in the black.
Commissioner Plummer: Yeah, but... Somebody's going to have to sit with me.
When you tell me that the parking garage is making money, is that what you
told me? -
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: But why do you have a million four in your budget for
the parking garage?
City Manager Odio: The debt service.
Commissioner Plummer: If it's making money,... —
Mr. Pajares: Part of the whole, and maybe the bond end of it, Carlos should
explain it. The parking garage is assigned, I believe, by the Finance _
Department about one point five million... —
Commissioner Plummer: Excuse me. Making money means that they pay...
Mr. Pajares: In the operating.
135 June 11, 1992
... for all the operating... It doesn't include debt
Mr. Pajares: No, sir.
Commissioner Plummer: OK. How much is debt service on the parking garage?
That's what I asked you.
Mr. Pajares: I believe it's one point five. I believe it's one point five.
Mayor Suarez: It's somewhat arbitrary the amount that is allocated to it, but
it's one point five.
Commissioner Plummer: Is that part of the three point five?
Mr. Pajares: Yes, sir. The total budget, the total deficit is three point
five which is exactly the sum that we... That's a deficit.
Vice Mayor Alonso: Three point five.
Mr. Pajares: Yes, ma'am. Some years were...
Vice Mayor Alonso: Or closer to four then three point five.
Mr. Pajares: We started at five point three in deficit. We reduced it to
three point five. The debt service for next year, by the way, which is not
controlled by us, the bonds go up. We will have an additional expense.
Mayor Suarez: That's two percent of our budget, folks. If we had made fifty
mistakes like that, there would be no City.
Vice Mayor Alonso: Yeah, that's right. Tony.
Mr. Pajares: Yes, ma'am.
Vice Mayor Alonso: Going hack to the subject that we have of awarding this
contract, what kind of guarantees do we have that we are not going to continue
to lose money? 187, six hundred and eighty thousand; 188, seven sixty-five;
year 189, surplus three thousand; year 190, three forty-one; 191, three oh
two; and then 192, maybe because it was closed to the renewal, it's thirty
thousand surplus. What kind of guarantees do we have...
Mr. Pajares: Commissioner,...
Vice Mayor Alonso: ...that... can we have something that does not violated
the way that the RFP was presented included in the contract that we know that
if they're losing money, that's their problem. The City of Miami has been
losing money for such a long time. We have to change the pattern. What kind
of guarantees do we have, or how can we work within this contract to tell the
company awarded the contract, "Hey, if you lose money, that's your problem."
Mr. Pajares: Yes.
Vice Mayor Alonso: We want to be protected.
136 June 11, 1992
rV
Mr. Pajares: OK. There's two... This is the first contract that we can fully
negotiate the terms. The first contract, when I got involved in it, was --
already negotiated with FMG (Facility Management Group).
Commissioner Dawkins: How long was that for, Tony?
Mr. Pajares: That was for five years and renegotiated for ten years.
Commissioner Dawkins: Ten years.
Mr. Pajares: The ten years is due now.
Commissioner Dawkins: And they've been losing money for ten years?
Mr. Pajares: Yes, sir.
Commissioner Dawkins: OK. Thank you. Go ahead,
Mr. Pajares: Now, to answer your question. In this new contract, there is
two main provisions that we're inserting and they're here and they can... They
were told during the RFP (request for proposals), there is no credit and there
is no deficit. In other words, we would not assume any... My belief is that
if we pay a professional management company and they give credit to somebody,
they didn't check it out, or the accounts receivables are not there, then they
would be responsible for it. Second is there will be no deficit. The only
way we control that, which we can in our system, is by controlling expenses.
In other words, and they are here and I told them during the presentation,
there is no such thing that you can tell us that we have a two million dollar
budget in expenses, and we have a two million dollar budget in income here.
We met our expense budget of two million, but we didn't make the two million
dollar revenue. That just won't happen. In other words, they were told when
they were making the presentation, that should they not meet their income,
then we are not going to allow the expense. If they're accurate in their
expense budget, they have to be accurate in their income. They were told
during the presentation.
Vice Mayor Alonso: So they understand this. Now,...
Mr. Pajares: It will be abundantly clear in writing.
Vice Mayor Alonso: If we make the decision today, will we see this contract
back to us, or no?
Commissioner Plummer: Oh, yeah. Oh, yeah.
Vice Mayor Alonso: Yes, it will have to come.
Commissioner Plummer: Yeah.
City Manager Odio: Yeah. No, the contract, yes.
Vice Mayor Alonso: OK. Now, could it be that one of the reasons these
companies are not making money is they cannot have concessions, and in some
other locations, they are allowed to have them?
137 June 11, 1992
- Mr. Pajares: Yes. That's one of the reasons, but that 1s a...
Vice Mayor Alonso: Why can't they? And can it be worked out some way?
- City Manager Odio: Give it to the Hyatt and the developer.
Mr. Pajares: That is...
—
Vice Mayor Alonso: Can that be changed?
- Mr. Pajares: No.
Vice Mayor Alonso: Why not?
�= Mr. Pajares: Because when the - and I'll defer to the Law Department -
but
when the building, when that developer put the nineteen million dollars
to
build that tower, he was granted concession rights. Not to Hyatt, to
the =-
developer. He could change companies. It could be a Marriott.
Commissioner Dawkins: Madam Vice Mayor, the question that you are asking,
the
answer is simple. The Commissioners who sat here, gave a sweetheart deal
to
the developer at the expense of the City of Miami, and the City of Miami
voters and taxpayers are still paying for it.
Vice Mayor Alonso: That's right.
Commissioner Plummer: That's right.
Commissioner Dawkins: That's what happened.
Vice Mayor Alonso: That's right. So we don't have any loophole somewhere as
in our contracts, always there is one, and they can to go to court and win
against the City. Can we...
City Manager Odio: Commissioner.
Vice Mayor Alonso: ... find one the other way around?
City Manager Odin: If I may, and I'll tell you later, but it's not the time
to put it on the record, but we might have an opportunity now.
Vice Mayor Alonso: OK. Good. Look into that because I think that will help
a lot.
Commissioner Plummer: May I have a copy of your expenses? All you gave me
was a copy of your revenues.
Mr. Pajares: I would just like to remind the Commission, though, that this
present contract expires September 30th. This is a business that's open seven
days a week, twenty-four hours a day. Conventions are now being booked for
194, 195, and the future. We must have an orderly process if we change the
company so that nothing is interrupted. So this process must be finished.
138 June 11, 1992
Commissioner Dawkins: That's up to you. We're paying you to finish it.
Mr. Pajares: Yes, sir.
Commissioner De Yurre: Mr. Mayor, I'll make a motion, if we're ready to
go , .. .
Vice Mayor Alonso: You have a strong recommendation in front of us.
Mayor Suarez: All right. So...
Commissioner De Yurre: ... that we accept the recommendation of the Committee
and with the understanding that when they start negotiating with the number
one selected company, that we will not be approving, when the contract comes
to us for review, we will not approve anything that shows that we're going to
be losing money, and so that they start dealing from that step.
Mr. Pajares: Commissioner, to assure you a little bit more on that, our
budgets were due June loth. Since we have not even started it for next year,
since we have not even started negotiations with the new company, their budget
has been done, and it does not call for any losses. It's been turned in
already.
Vice Mayor Alonso: We expect we will make money.
Commissioner Plummer: You know, I don't understand, Tony,...
Commissioner Dawkins: Second for discussion. Go ahead, J.L.
Commissioner Plummer: I don't understand. You're telling me you're making
money on the parking garage. Now, your figures that this gentleman just gave
me here for 192-193 budget, shows a deficit of forty-one thousand seven
hundred and eighty-four dollars.
Mr. Pajares: The parking garage proposes a, has proposed... They proposed in
their own ordinance when they come here. That's not the budget we approved
for them.
Commissioner Plummer: Sir,
it's part of your budget. OK? According to this
paper he just gave me, you're
losing money in three different areas of which
_
this group is one.
City Manager Odio: But, wait.
Wait, wait.
Commissioner Plummer: The
first is one is administration, you're losing
forty-two thousand dollars.
In debt service... I'm sorry. Not debt service.
Parking garage is forty-one
thousand seven hundred and eighty-four dollars.
City Manager Odio: Forty-one thousand I'm told that, that was a reduction of
-=
expenses.
Commissioner Plummer: It's
a reduction, yeah.
ZI
City Manager Odio: It's not
a loss.
139 June 11, 1992
—z�
—4
A
Commissioner Plummer: But it's not showing a profit.
City Manager Odio: I want you to know that if we made money this year, it was
because, I don't know why. Because when the Centrust Bank went under, we lost
about five hundred monthly cars there. Clark Cook is around somewhere and now
we have an offer from...
Vice Mayor Alonso: This is a contradiction. That's not what we approved
and... could we see these numbers now?
Commissioner Plummer: Mr. Manager, something's wrong. Help me out, please.
How do you consider...
Commissioner Dawkins: Get Mano. Mano knows how to work the numbers.
Vice Mayor Alonso: Yes.
Commissioner Plummer: How do you consider the Facility Management Group -
that's this people, right? How do you explain a two million fifty-eight
thousand for this coming year...
Commissioner Dawkins: Let Mr. Surana explain it so we can go to lunch.
Commissioner Plummer: ... as a revenue?
Mr. Pajares: Pardon me.
Commissioner Plummer: You're giving for the Facility Management Group...
Mr. Pajares: Yes.
Commissioner Plummer: ... two million fifty-eight thousand five hundred
dollars. How does that come out as a revenue?
Mr. Pajares: Because that is exactly what they have to do, at least in their
income.
Vice Mayor Alonso: But did they?
Mr. Pajares: That is their budget. That is their entire budget.
Commissioner Plummer: Well, you're showing them in the upcoming budget as an
additional hundred thousand dollars.
Mr. Pajares: Commissioner, I don't know what you're reading from, but I'll
tell you...
Vice Mayor Alonso: Say the amount again, Commissioner. Will you?
Commissioner Plummer: Your man gave them to me, sir.
Mr. Pajares: Yeah, I don't have a copy of it.
140
June 11, 1992
Vice Mayor Alonso: Commissioner Plummer, will you repeat the amount again?
You said two... --
Commissioner Plummer: I am reading from their projected budget. For this W'
year, a million nine fifty-eight five.
Vice Mayor Alonso: That's the total amount of their...
Mr. Pajares: Commissioner,..,
Commissioner Plummer: OK. They are projecting for the next year another
hundred thousand dollars, and I don't understand.
Mr. Pajares: Commissioner,...
Commissioner Plummer: Two million... Sir, I'm trying to finish.
Mr. Pajares: Yes. OK.
Commissioner Plummer: Two million fifty-eight thousand five hundred or a
difference of a hundred thousand dollars. Now something's wrong. Somebody is
not whispering sweet nothings in my ear.
Commissioner Dawkins: I will.
Commissioner Plummer: That's what I'm scared of.
Mr. Pajares: Commissioner, let me... It is exactly like the depreciation
expense.
Commissioner Plummer: It's not depreciation, Tony.
Mr. Pajares: The budget must be balanced, expenses. When we submit a budget,
it must be balanced. So if...
Commissioner Dawkins: Ohl
Commissioner Plummer: Here we gol Ohl Tom-di-li-tom-toml
Commissioner Dawkins: Now you just explained it.
Mr. Pajares: Well, it's true. It's true.
Commissioner Dawkins: Voodoo economics.
Mr. Pajares: Commissioner, for next year's budget, their revenues are two
million fifty-eight. Their expenses have been, as of now, approved only for
one million nine point six, which means...
Commissioner Dawkins: If we're aoinu to discuss this further...
Commissioner Plummer: No, sir. It's one... According to this,...
Commissioner Dawkins: ... let's defer it until after lunch.
141
June 11, 1992
Commissioner Plummer: ... to do the juggling act that you did last year,
which means nothing, was one million - according to your numbers, Tony - one
million...
Mr. Pajares: Is that the new budget or the past budget?
Commissioner Plummer: No, sir. Last year's budget.
Mr. Pajares: Yes.
Commissioner Plummer: One million nine fifty-eight point five zero zero.
Mr. Pajares: Yes.
Mayor Suarez: OK.
Vice Mayor Alonso: Mr. Mayor,...
Mayor Suarez: Commissioners,...
Vice Mayor Alonso: ... I think we should table this item...
Commissioner Plummer: I move that this item be deferred until after lunch.
We need some more talk on this.
Mayor Suarez: All right. We have a motion and a second. What is the proper
way to deal with that? Can we just table, the motion and a second having been
made?
Commissioner Plummer: That's fine.
Mayor Suarez: All right.
Commissioner Dawkins: But I want to know...
Vice Mayor Alonso: And may I have copies of all of this now before I leave? -
so I can look this over.
Commissioner Dawkins: Since I second the motion, I need to know from the
maker of the motion, does his motion mean that the Manager negotiates with the
first group, the second group and the third group to see who will make the
most money? Or does it mean that he just goes to the number one group? I
need to know what the motion is.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Dawkins: No, no. You didn't make the motion. I need to know
what the maker of the motion...
City Attorney Jones: Commissioner De Yurre.
Commissioner De Yurre: Procedurally, legally, you have to go with number one.
142 June 11, 1992
Commissioner Dawkins: OK.
City Attorney Jones: Yeah.
Commissioner De Yurre: And you just can't go one, two, three, and then figure
out what's best. You have to go to number one and once you break off with one
finally, then you go to two.
Commissioner Dawkins: OK.
Commissioner De Yurre: But you can't go back to one if you go to two or
three.
Commissioner Dawkins: OK. I need to understand the motion. No further
questions.
City Attorney Jones: That is correct.
AT THIS POINT, THIS ITEM WAS TABLED.
27. ALLOCATE $270,812 OF 18TH YEAR CDBG FUNDS (PREVIOUSLY APPROPRIATED BY
ORDINANCE 10955) AS FOLLOWS: (a) $45,812 TO CCS INC. / LITTLE HAVANA
CHILD CARE CENTER, TO IMPLEMENT LEASEHOLD IMPROVEMENTS AT THE CHILD CARE
FACILITY; (b) $75,000 TO ONE ART, INC., TO ACQUIRE / RENOVATE A FACILITY
IN THE MIAMI DESIGN DISTRICT INTO A COMMUNITY PERFORMING ARTS CENTER;
(c) $125,000 TO THE COCONUT GROVE FAMILY HEALTH CENTER, INC., FOR
RENOVATIONS AT VIRRICK PARK FACILITY AND ACQUISITION OF ADDITIONAL SPACE
TO EXPAND HEALTH CARE SERVICES; AND (d) $25,000 TO GREATER MIAMI YOUTH
SERVICE CORPS, INC., FOR PHYSICAL IMPROVEMENT OF THE AGENCY'S NEW
FACILITY AT BECKHAM HALL.
------------------------------------------------------------------------------
Mayor Suarez: All right. We'll be back at 2:30 p.m. Before we do though,
sir, would you just step up to the mike. You are from One Art, right?
Commissioner De Yurre: Mr. Mayor, just for the record, I would like to be
part of this issue so if you can table it till I get back.
Mayor Suarez: OK. Till after four, for those that are interested in that.
Commissioner De Yurre: Well, thank you very much.
Vice Mayor Alonso: You mean item 12, we will table.
Mayor Suarez: Thirteen. It was thirteen wasn't it? Wasn't it item 13?
Vice Mayor Alonso: To me it was 1.2.
City Attorney Jones: You skipped over 12.
Mayor Suarez: What item was the one we were just discussing?
143 June 11, 1992
-
Vice Mayor Alonso: Wait a second I am talking about One Art. -=
City Attorney Jones: You were just discussing 13.
Mayor Suarez: No. No. One Art. I just want to ask you a question. You
have a program, and you have sent a lot of nice letters, sir.
Mr. Alex Prado: Yes, I do.
Mayor Suarez: And I appreciate all of that, and we have tried to fund it, I
think, through the Law Enforcement Trust Fund.
Mr. Prado: That's right.
Mayor Suarez: What worries me, frankly, I don't know what you are here for
today, but you have been here all morning.
Vice Mayor Alonso: For this item 12.
Mr. Prado: This is for item 12.
Vice Mayor Alonso: Item 12.
Mr. Prado: That's right.
Mayor Suarez: OK. And you have the ability... What do you do?
Mr. Prado: I work for One Art, Inc. in the capacity of Executive Director. I
coordinate...
Mayor Suarez: OK. Your name again?
Vice Mayor Alonso: And doing a great job.
Mr. Prado: Alex Prado.
Mayor Suarez: OK. Alex. And you are able to stay here all morning, and your
program doesn't fall apart. I mean you can be here all morning.
Mr. Prado: No. No. Actually we have other people that are carrying out the
program, but... -
Vice Mayor Alonso: It falls apart if we don't give him the seventy-five
i
thousand dollars that he's waiting for in item 12.
Mayor Suarez: All right. Do you want to move the item, Commissioner. _
Mr. Prado: Well, we are simply requesting that you permit One Arts to use
this funding for acquisition and renovation of our facility.
Mayor Suarez: Well if it gets complicated, we won't be able to vote in the
next half a minute. I mean, Commissioner, are you, Madam Vice Mayor, are you
able to...
144 June 11, 1992
Vice Mayor Alonso: What the problem 1s it does have other components to this.
I have no problems and I will be supportive, but...
Mr. Castaneda: Commissioners, if the Commission doesn't have any problem with
the change, we don't have any problem.
Vice Mayor Alonso: OK. So are we ready? I don't think we should because it
has all the components...
Mayor Suarez: All right. We'll take you back up at two -thirty.
Vice Mayor Alonso: ...that maybe the rest of the Members Commission... When
it comes to One Art we have no problems and, at least,
Mayor Suarez: But Alex...
Vice Mayor Alonso: ...three people here saying, yes, he can go home.
Mayor Suarez: It worries me...
Vice Mayor Alonso: ...or go back to work.
Mayor Suarez: ...that it sounds to me, by your being here all morning, that
your entire livelihood is... Do you have another profession other than this?
Mr. Prado: No. Well, I am an artist but, basically, this is a very
important...
Mayor Suarez: Well, you know...
Mr. Prado: ...project for One Art. It does hinge a lot on the future of One
Art and our growing within the City of Miami. So it is a very important
issue.
Mayor Suarez: You do send very nice letters of thank you, and all of that,
but it worries me to see you here all morning, because it sounds like the
program wouldn't happen except for the City, in which case, it almost becomes
our program. We may as well just do it with our own employees. All right.
We are otherwise recessed until two -thirty.
Mr. Prado: Thank you.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:24 P.M. AND RECONVENED AT 2:40 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT,
EXCEPT COMMISSIONER DE YURRE.
Commissioner Plummer: Well, basically, we are on 12.
City Manager Odio: Twelve.
Commissioner Dawkins: All right, 12.
145 June 11, 1992
Mayor Suarez: Commission is back in session. Item 12.
Vice Mayor Alonso: Move it.
Mayor Suarez: The items been moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved its
adoption:
RESOLUTION NO. 92-392
A RESOLUTION, WITH ATTACHMENT, ALLOCATING $270,812 OF
18TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10955,
ADOPTED APRIL 12, 1992, AS FOLLOWS: $45,812 TO THE
CCS INC./LITTLE HAVANA CHILD CARE CENTER TO IMPLEMENT
LEASEHOLD IMPROVEMENTS AT THE CHILD CARE FACILITY;
$75,000 TO ONE ART, INC. TO ACQUIRE AND RENOVATE A
FACILITY IN THE MIAMI DESIGN DISTRICT INTO A COMMUNITY
PERFORMING ARTS CENTER, CONTINGENT UPON INCORPORATION
OF REVERTER PROVISIONS; $125,000 TO THE COCONUT GROVE
FAMILY HEALTH CENTER, INC. FOR RENOVATIONS AT ITS
VIRRICK PARK FACILITY AND ACQUISITION OF ADDITIONAL
SPACE TO EXPAND HEALTH CARE SERVICES; AND $25,000 TO
THE GREATER MIAMI YOUTH SERVICE CORPS, INC. FOR THE
PHYSICAL IMPROVEMENT OF THE AGENCY'S NEW FACILITY AT
BECKHAM HALL; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE AFOREMENTIONED AGENCIES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
.Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Mr. Prado: Commissioner, I would like to know, would that include our request
for that change?
Vice Mayor Alonso: Yeah. We have no problem with that,...
146 June 11, 1992
Mr. Prado: Oh, it does, thank you very much.
Vice Mayor Alonso: ...we stated earlier.
Mayor Suarez: Which is the item that would presumably...
Commissioner Plummer: Commissioner Be Yurre asked 13.
Mayor Suarez: ...decide their matter?
Commissioner Dawkins: You know... OK. Wait a minute.
Commissioner Plummer: No. They are 34.
Vice Mayor Alonso: No. They are 34, I believe.
Commissioner Dawkins: Wait a minute.
Mayor Suarez: Let me just find out what item it is, please.
Commissioner Dawkins: Twelve. We are talking about 12 now.
Mayor Suarez: Is it item 12 that would decide the fate..?
City Manager Odio: Eleven.
Commissioner Dawkins: Hold it. Hold it. Hold it. Come back, sir.
Commissioner Plummer: No. Thirty-four, Mr. Mayor.
Vice Mayor Alonso: Thirty-four.
City Manager Odio: We never did 11.
Commissioner Dawkins: Come back, sir.
Commissioner Plummer: Mr. Mayor.
Commissioner Dawkins: The gentleman from Art One, come back.
Mayor Suarez: No. That was 12. I think we did that correctly.
Vice Mayor Alonso: His item is One Art, and it has nothing to do with the
people present here today. The item that they are waiting for is item 34.
City Manager Odio: But, Commissioner, it's tied to 11 in a way because...
Commissioner Dawkins: All right.
Commissioner Plummer: Wait a minute. To 11.
Commissioner Dawkins: All right. No. Wait a minute. Tied to 11?
Vice Mayor Alonso: What do you mean by that?
147 June 11, 1992
Mayor Suarez: I think you are OK, sir. You don't need him One Art, Inc.
Commissioner Dawkins: No. No. Wait a minute. I need to know from him.
City Manager Odio: You see the funding...
Commissioner Plummer: Oh, yeah.
City Manager Odio: We haven't done 11 because we had to wait for this one.
Commissioner Plummer: Well, but their particular item is 34...
City Manager Odio: Is 34.
Vice Mayor Alonso: I have no problem with him. He's been approved so he has
to go back to work.
City Manager Odio: Yeah. Yeah.
Vice Mayor Alonso: ...Go ahead. Everything is fine with this.
Mayor Suarez: Wait. Let me just make sure Commissioner Dawkins doesn't have
any questions for the gentleman.
City Manager Odio: But you need to do 11 and 34. Or 34...
Commissioner Dawkins: The seventy-five thousand dollars is for what?
Mr. Prado: For acquisition and renovation of our facility.
Commissioner Dawkins: It doesn't say that here.
City Manager Odio: No. It...
Commissioner Dawkins: It's a renovation.
City Manager Odio: No. He asked this morning to be changed to acquisition
and renovation.
Commissioner Plummer: Well, wait a minute. My...
Commissioner Dawkins: OK. Well put it in. I mean... See you are going to
leave here with this reading one way, and something in your mind, and that's
not what's down here, OK.
Mr. Prado: I understand that.
Commissioner Dawkins: All right, now. So get... Find out what you are
leaving with.
Commissioner Plummer: Can they use the money for acquisition?
City Manager Odio: He said they could.
148 June 11, 1992
Mr. Castaneda: Yes, Commissioner, they can. What we will do, if it's used
for acquisition, we will put a... It will be a grant loan in the sense that
if they ever try to sell the property for some other use, it will turn back
into a loan, and they would have to pay us back.
Commissioner Plummer: I would be more comfortable if, in fact, it had a
reverter...
Mr. Castaneda: Right.
Commissioner Plummer: ...that at any time... No. No. At any time they
forgive, it reverts back to the City. Not that they sell out to some other
organization doing the same thing, maybe that we agree or disagree on. I
would want that a reverter says, the day that One Art ceases to exist, that
property that they acquired with our money, reverts back to the City of Miami.
Mr. Castaneda: No problem, Commissioner.
Commissioner Plummer: OK.
Mr. Prado: Thank you very much.
Mayor Suarez: OK. Anything further, Commissioner?
Commissioner Dawkins: Call the roll. Did they call the roll?
Commissioner Plummer: Yeah.
Commissioner Dawkins: OK.
Mayor Suarez: I think he was cheerfully...
1 Vice Mayor Alonso: So it we will have to take.
Mayor Suarez: ...going on his way as if something had been resolved.
149 June 11, 1992
------------------------------------------------------------------------------
28. DISCUSS CONCERNS RELATING TO THE CITY -FUNDED BE HOSTOS SENIOR CENTER,
PRESENTLY OPERATED BY HOLY CROSS DAY CARE CENTER, INC.:
(A) GRANT 1112TH FUNDING OUT OF THE TOTAL ANNUAL ALLOCATION EARMARKED
FOR HOLY CROSS DAY CARE CENTER, INC. FOR MANAGEMENT OF' THE DE
HOSTOS CHILD CARE CENTER -- ALTERNATE SITE FOR RELOCATION OF THE
CENTER TO BE FOUND PRIOR TO JULY 1ST (LEASE EXPIRATION DATE) --
CITY MANAGER TO REPORT BACK ON JULY 9TH.
(B) INSTRUCT ADMINISTRATION TO OPERATE THE DE HOSTOS SENIOR CENTER
UNTIL JULY 9TH TO FACILITATE HOLDING OF AN ELECTION AMONGST
REGISTERED RECIPIENTS OF SERVICES AT THE CENTER TO SELECT THE
GROUP WHICH WILL MANAGE THE CENTER (See labels 29 & 65).
29. ALLOCATE TOTAL 18TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
(APPROPRIATED BY ORDINANCE 10955) TO PREVIOUSLY NAMED SOCIAL SERVICE
AGENCIES FOR APPROVED SOCIAL SERVICE PROJECTS, EXCLUDING ALLOCATION
PREVIOUSLY EARMARKED FOR THE HOLY CROSS DAY CARE CENTER, INC. (See
labels 28 & 65).
------------------------------------------------------------------------------
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE
STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY
STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION
INTO ENGLISH OR SPANISH, AS THE CASE MAY BE.
SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL
LETTERS. TRANSLATIONS WERE MADE BY CESAR O010.1
Commissioner Plummer: Well, we can't hear it without hearing 34. They're
tied together.
Vice Mayor Alonso: Exactly.
Mayor Suarez: And 34 was scheduled for what time, on the agenda?
Mr. Cesar Odio: For 2:30 p.m.
Mayor Suarez: OK. So we could take them both together without any procedural
problems. Anybody have any problem with that on the Commission?
Commissioner Plummer: Not me, sir.
Mayor Suarez: Might as well act on this matter. OK. On 11. What does 11
entail...
Commissioner Plummer: This is not my brand.
Mayor Suarez: ...and how it's related to...
Mr. Castaneda: Commissioner.
Mayor Suarez: ...this issue.
j� 150 June 11, 1992
Mr. Castaneda: We have left the Wynwood Senior issue out of 11. What is in
11...
Mayor Suarez: Oh, so, technically, we could act on 11 and it wouldn't affect
the...
Mr. Castaneda: Well, the issue that has come up in the last couple of days is
the issue of the daycare, of the child care program, which is part of 11.
Mayor Suarez: That is part of 11. OK.
Commissioner Dawkins: All right. Hold it. OK. It's open. So what are we
going to do now? Discuss it?
Mayor Suarez: I would think so, yeah.
Commissioner Dawkins: All right. Let me ask a question. Mr. Castaneda, or
somebody. Has there been any complaints about daycare center, about daycare
services as it was rendered by the present operators?
Mr. Castaneda: No.
Commissioner Dawkins: There's never been any?
Mr. Castaneda: No.
Commissioner Dawkins: No parents or anybody has complained?
Mr. Castaneda: No, Commissioner.
Commissioner Plummer: Not to your knowledge.
Mr. Castaneda: Not to my knowledge.
Commissioner Dawkins: OK. Now,...
Mayor Suarez: And the name of that entity is what? That was doing the
services up to now?
Mr. Castaneda: Holy Cross Day -Care Center, Inc.
Commissioner Plummer: I don't know what you're talking about.
Commissioner Dawkins: OK. So now, that's the one we're going to fund.
Mr. Castaneda: That's the one that we were recommending to fund. Correct,
Commissioner.
Commissioner Dawkins: All right. Now,...
-= Mr. Castaneda: The reason that I am raising this issue is because I have just
received a letter from a company named Kidco Child Care, Inc., saying that
they have the lease on that property.
151 June 11, 1992
Commissioner Dawkins: OK. That's...
Mr. Castaneda: And I just thought that you should be aware of that.
Commissioner Plummer: But who are the... who... excuse me.
Commissioner Dawkins: That's why I am asking you what I am asking you.
Now,...
Commissioner Plummer: Who are these people is what I want to know, Frank.
Who are these people or the writers of the letter? Are they present?
Unidentified Speaker: I don't see them, no.
Commissioner Plummer: They're not here.
Commissioner Dawkins: It doesn't...
Mayor Suarez: All right. Continue your inquiry, Commissioner Dawkins. And
then we'll take turns because we all have a lot of questions on all of this.
Commissioner Dawkins: OK. Now, Mr. Castaneda.
Mr. Castaneda: Yes, Commissioner.
Commissioner Dawkins: If there have been no complaints, as it relates to
child care service, and with the climate out there of child abuse, daycare
-- center abuse, and et cetera, and we have a facility, I mean an agency, that is
providing "first class child care service," why would we be desirous of
changing it?
= Mr. Castaneda: Because, Commissioners, as you can see from the document we
are recommending Holy Cross Day -Care Center Inc. However, after this item has
been submitted, we have been informed by Kidco Child Care, Inc., that they
have possession of their lease to that facility.
Commissioner Dawkins: OK. But do they have access to the dollars that we
have?
Mr. Castaneda: No, t
Commissioner Dawkins:
Commissioner Plummer:
Commissioner Dawkins:
Commissioner Plummer:
Commissioner Dawkins:
Mr. Castaneda: That
hey do not.
All right. Therefore, if they...
They got nothing.
...have a building, and they do not have any dollars...
They got nothing.
...they don't have anything.
is correct.
152 June 11, 1992
Commissioner Dawkins: So, therefore, my recommendation is, you inform whoever
owns the building, that the money goes to Holy Cross. And if they are
desirous of doing anything differently, leasing the place to somebody else,
that they give us 60 days with which to find some place else to take this, and
this is my wording, first class daycare center to operate some place else, and
let the Church have their building and do what they want to do.
Commissioner Plummer: I got one problem. What happens with the kids
presently in whatever daycare... Are they there and are those kids going to
be looked after?
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Commissioner Plummer: Well, now, excuse, me. I don't know who said yes, but
it sounded like Emilio Lopez to me, who I don't pay for. My concern has to be
for the kids that are presently there, Frank.
Mr. Castaneda: I understand.
Commissioner Plummer: OK. Is if what the... what Dawkins has just said is
done, do I have the comfort of knowing that the kids are going to be looked
after, and not made to suffer because of somebody else's action?
City Manager Odio: Well. No. We need to ask somebody from the community
because...
Vice Mayor Alonso: Where are the kids...
City Manager Odio: With Kid... with Kid...
Vice Mayor Alonso: ...who are attending Holy Day... ah... Holy Cross Day -
Care. Where are they?
Mr. Castaneda: They are at a facility owned by Holy Cross Church which is on
35th Street and...
Ms. Maggie Marrero -Neville: 36th Street.
Mr. Castaneda: ...36th Street...
Ms. Marrero -Neville: And...
Mr. Castaneda: ...and northwest first avenue, northeast first avenue.
Ms. Marrero -Neville: I am sorry.
Mr. Castaneda: That is a facility which is owned by Holy Cross Church, but we
have a letter here from another nonprofit entity, claiming that they control
the lease where Holy Cross Day -Care Center op$ates.
Vice Mayor Alonso: That's fine. But the ones that we've been dealing with,
Holy Cross Day -Care...
Mr. Castaneda: Right.
153 June 11, 1992
Vice Mayor Alonso: They are still in existence.
f
Ms. Marrero -Neville: Yes.
Mr. Castaneda: That is correct.
Ms. Marrero -Neville: Yes, ma'am.
Vice Mayor Alonso: That's the funding, where it should go.
Mr. Castaneda: Right.
Ms. Marrero -Neville: Exactly.
Vice Mayor Alonso: Those are the kids and the institution that we were doing
business with.
Mr. Castaneda: That is correct.
Vice Mayor Alonso: Because we cannot accept a person coming from nowhere, we
have no idea, they might be excellent. But they will have to apply.
Mr. Castaneda: Correct.
Commissioner Dawkins: And then again I must make it clear to all my friends
out here. You know, this is nothing put a power play. All right. They
already took the daycare center, now you are going to, I mean, the Senior
Citizens Center, now they are going to come back and take the daycare center.
I am not going to get into this power play out here. We're not, I am not
going to sit here and see these kids suffer. While the power play goes on out
there in the community.
Commissioner Plummer: That's the reason I asked the question that I did.
You're operating the present one at the Church.
Ms. Marrero -Neville: Yes.
Mayor Suarez: If I may, Commissioner, give us the whole thing. Give us your
name. What entity you work with, what operation you have, whether you're a
principal, et cetera. So we know who we are talking to here. Who's on first?
Ms. Marrero -Neville: Maggie Marrero -Neville, President of Holy Cross Day-
- Care Center, Inc. which happens to have the daycare center for children and a
daycare center for elderly, under the De Hostos Senior Center building.
Commissioner Dawkins: OK. Now let's be clear. I want you to understand.
Ms. Marrero -Neville: Yes, sir.
Commissioner Dawkins: I am only discussing daycare for children. That's all
I am discussing now.
Ms. Marrero -Neville: Perfect. The corporation has both.
154 June 11, 1992
n
Commissioner Dawkins: OK. Let's make sure now.
Ms. Marrero -Neville: And the funding...
Commissioner Dawkins: Because you combine the two. All right. I am not
combining the two.
Ms. Marrero -Neville: OK.
Commissioner Dawkins: I want you to understand that.
Ms. Marrero -Neville: OK.
Commissioner Dawkins: I am interested in the children still receiving quality
daycare. And after that we can get into whatever else we get into.
Ms. Marrero -Neville: OK.
Commissioner Plummer: How many kids...
Mayor Suarez: Yes, go ahead, Commissioner, then I am going to inquire.
Commissioner Plummer: How many kids involved.
Ms. Marrero -Neville: A hundred and fifty-six (156) kids.
Commissioner Plummer: Fifty-six...
Ms. Marrero -Neville: A hundred and fifty-six kids.
Commissioner Plummer: One hundred and fifty-six.
Ms. Marrero -Neville: But you don't fund all of those.
Commissioner Plummer: OK. How much is your total budget?
Ms. Marrero -Neville: For a...
Commissioner Plummer: For a hundred and fifty-six kids.
Vice Mayor Alonso: For the daycare.
Ms. Marrero -Neville: Almost a million...
Vice Mayor Alonso: Frank do you have that information?
Commissioner Plummer: What is their total budget?
Ms. Marrero -Neville: In terms of the City of Miami, eighty-nine thousand
($89,000.00).
Commissioner Plummer: No, ma'am.
155 June 11, 1992
Vice Mayor Alonso: No. The budget for the daycare.
Commissioner Plummer: Total.
Mayor Suarez: The total budget.
Commissioner Plummer: The total budget.
Ms. Marrero -Neville: Half a million dollars ($500,000.00). Around that.
Commissioner Plummer:
Ms. Marrero -Neville:
Five hundred thousand?
Yeah.
Commissioner Plummer: For a hundred and eight -six kids?
Ms. Marrero -Neville: A hundred and fifty-six.
Vice Mayor Alonso: One, five, six.
Ms. Marrero -Neville: The budget from the City of Miami is eighty-nine
thousand.
Mayor Suarez: That works out to...
Ms. Marrero -Neville: To thirty-six kids.
Mayor Suarez: No, no, no, ma'am. A hundred and fifty-six kids into five
hundred. I know what he's thinking.
Commissioner Plummer: It's about thirty-four, thirty-five hundred dollars a
kid per year.
Mayor Suarez: Right.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Ms. Marrero -Neville: The money is coming from other sources. We have Head
Start. We have County Child Development.
Mayor Suarez: We know that. He likes to calculate the per child total
expense. He thinks, you know, it's indicative of the efficiency of your
program.
Commissioner Plummer: OK. So, Frank, on this letter that you received has no
bearing on this operation?
Mr. Castaneda: Well,...
Ms. Marrero -Neville: I don't understand how it will affect us in terms of
the funding.
Commissioner Plummer: Well, because the letter here states. What is it
called, Kiddo..?
156 June 11, 1992
i
i
Mr. Castaneda: Kidco.
Commissioner Plummer: Huh?
Mr. Castaneda: Kidco.
Commissioner Plummer: Kidco.
Vice Mayor Alonso: Go back to the mike, Frank. Is this a legal procedure?
Someone sends us a letter and says I am in possession in this building. I
took over...
City Manager Odio: Yeah, the letter...
Vice Mayor Alonso: ...so, therefore, I expect the City of Miami to give me a
federal funding because I move in into the building. That's not so.
Commissioner Plummer: Where is this property?
Vice Mayor Alonso: That's... to me it doesn't make any sense.
City Manager Odio: What the letter says here, Commissioner, you... Kidco
Child Care, Inc. entered into a lease agreement with Holy Cross Episcopal
Church at the facility located at 123 N.E. 36th Street.
Commissioner Plummer: And they're saying yes, or no.
Ms. Marrero -Neville: About what?
Commissioner Plummer: They claim that they entered into a lease with you. Is
that true?
Ms. Marrero -Neville: Not with us. Not with us.
City Manager Odio: No, no, no. With the child...
Ms. Marrero -Neville: With Kidco.
Mr. Castaneda: With the Church.
City Manager Odio: With the Church.
Ms. Marrero -Neville: Kidco and the Church.
Commissioner Plummer: And they are saying they are in... That's isn't what
they said there, is it?
City Manager Odio: It says with the Holy Cross Episcopal Church.
Commissioner Plummer: OK. So they're saying that they have the property.
City Manager Odio: They say...
157 June 11, 1992
s
Mr. Castaneda: They control the space where they're in.
Commissioner Plummer: But they're saying they're still in the space.
Mr. Castaneda: Right. Because the lease is not effective until July 1st.
Commissioner Plummer: OK. What happens after July 1?
Mr. Castaneda: Ah, that's the problem.
City Manager Odio: Well, that's the problem. See, they're saying we are
requesting that the existing funding, provided at that facility, be continued
and awarded to Kidco Child Caring for continuity of quality services of the
children in the Wynwood community. Not taking this request into careful
consideration represent the actual termination of not only four positions,
which will also reduce the actual teacher child ratio, but also other
important expenses needed for the continuity of quality service to numerous
children.
Commissioner Plummer: Did we ever...
Ms. Marrero -Neville: Who signed that letter please?
Commissioner Plummer: ...fund Kidco before?
City Manager Odio: No. No.
Vice Mayor Alonso: No.
Commissioner Plummer: So where do they feel...
Ms. Marrero -Neville: Who signed the letter?
Commissioner Plummer: ...that they're entitled?
City Manager Odio: Because they are not. They are asking because they said
they have the lease of the property.
Mr. Castaneda: Hector Vasquez, Hector Velasquez.
Commissioner Plummer: Nah, nah.
Vice Mayor Alonso: Are you going...
Ms. Marrero -Neville: Hector Velasquez.
Vice Mayor Alonso: ...Excuse me.
Ms. Marrero -Neville: Yes, Ma'am.
Vice Mayor Alonso: You are in the building that is going to be taken over by
this other group July 1st.
Ms. Marrero -Neville: Um, hum.
158
June 11, 1992
: 0 0
Vice Mayor Alonso: Where are you going to move to?
Ms. Marrero -Neville: We are in the process of negotiations, OK. We just
heard about this June the 1st. So we are in the process of negotiations. The
kids...
Vice Mayor Alonso: So...
Ms. Marrero -Neville: ...the children are going to be served until we move
them. Now, the quality, the consistency of the services are going to be
there. The corporation is responsible and have been responsible all this time
so the kids will get the appropriate services.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: The gentleman from Kidco came to see me, and he said to
me that he was in possession of a lease which he took from the present
operation. And I asked him how did he come by the lease. He said that, and I
quote, the Church was tired of the Holy Cross name being in the paper and,
therefore, they decided to sign a contract with him and lease him the
facilities. I asked him where do you plan to get the money from to operate
the center? He said he's going to get it from the City of Miami.
Commissioner Plummer: Hal Hal Hal He's funny.
Commissioner Dawkins: I told him no. We will not break into this. So my
suggestion, and I don't know how to do it, is for the present operators, who I
plan to vote to support, have the Church understand that they can either
continue to lease with them, or give them a 60-day notice to find some place
else, and then Kidco can have the building to do what they want to do with.
But it just can't take a new organization to come in...
Commissioner Plummer: Can I ask the obvious question?
Commissioner Dawkins: Yeah, J.L.
Commissioner Plummer: You are obviously aware that your lease is up on July
the 1st. I assume you are obviously aware that it's not going to be renewed
where you are. What is your anticipation of what yuu are going to do on July
the 2nd?
Mr. Sandford Dernis: My name is Sandford Dernis, I am the attorney for the
Board of Directors of Holy Cross Day -Care Center. We just had verified...
Commissioner Plummer: I see you representing a number of those people up
there.
Mr. Dernis: Just the same corporation. Same corporation.
Ms. Marrero -Neville: He has been next to me.
Mr. Dernis: The, ah... Am I doing something wrong?
159 June 11, 1992
Commissioner Plummer: No, no.
Mr. Dernis: Oh, OK. The... we just found out today, verified by the Church,
that in fact the lease did exist. We have not heard that until today when we
had... this morning, as a matter of fact, when a Mrs. Bustos, who is an
officer, legal counsel, to the church informed us that there was a lease.
That's the first we heard of it. My next step was to talk with Mr. Vasquez.
We are scheduling, we haven't scheduled a meeting yet, but he would like to
meet with our Board, and we will meet with him. Mr. Velasquez happens to be
the... I am sorry... answered the question directly - is that they are
looking for additional space. We will also talk with the church regarding the
question that Commissioner Hawkins [sic] brought up.
Commissioner Plummer: Wait, wait. Who is Mr. Vasquez?
Mr. Dernis: Dawkins, I am sorry.
City Manager Odio: Valasquez.
Vice Mayor Alonso: The people...
Commissioner Plummer: Who is he?
Vice Mayor Alonso: ...that is running the Holy Cross...
Commissioner Dawkins: He's the President of Headco, or Kidco or whatever it
is.
Mr. Dernis: Mr. Valasquez is the slgnee of that letter.
City Manager Odio: Sir, may I ask you...
Mr. Dernis: Certainly.
City Manager Odio: ...a question here.
the Director of the daycare center?
Mr. Dernis: Yes.
Ms. Marrero -Neville: Yes.
Isn't Hector Valasquez the husband of
City Manager Odio: So they enter into a lease between them?
Mr. Castaneda: No...
Ms. Marrero -Neville: Yes.
Mr. Dernis: No. Hec... Mrs. Valasquez is an employee...
Mr. Castaneda: ...of Holy Cross.
`i Mr. Dernis: ...of the daycare center, now a recipient of your grant, and now
on the premises. Mr. Valasquez is the President, or officer, signee of that
letter, at any rate, who has leased with the church. It is my feeling that I
+�I
:i! 160 June 11, 1992
don't think the church knows quite what has been going on. And I think that
this matter can be resolved in a meeting or two. Meanwhile, the staff will be
looking for replacement space, just in case, and I assure...
Commissioner Plummer: Yeah, but by State regulations you don't easily find a
place that provides daycare with a recreational area and open space that is
required. And I am concerned, Mr. Manager, is there any possibility... that I
think the sense of feeling of this Commission is that we want the present
operators to continue. Is there any possibility that the Clemente Community
Center could be used until such time as a place is found, so that there is no
interruption to the ones that are innocent in this, and that's the kids.
City Manager Odio: Let me find out if we got space there for the kids, and
there is also some State requirement about daycare centers, I don't know...
Commissioner Plummer: A lot of requirements...
Vice Mayor Alonso: A lot...
Commissioner Plummer: ...about daycare. Not enough requirements.
City Manager Odio: Well I... I don't know if we...
Vice Mayor Alonso: But I have the feeling that without the hundred and
ninety-four thousand that we are talking here today, there will not be...
Commissioner Plummer: Wait, wait, wait. Where's the hundred and ninety-four
thousand?
Vice Mayor Alonso: ...any new. Well, this...
Ms. Marrero -Neville: Eighty-nine thousand.
Commissioner Plummer: I got eighty...
Vice Mayor Alonso: The allocation to the hundred and ninety-four.
Commissioner Plummer: I've got eighty-nine thousand, nine sixty-five.
Ms. Marrero -Neville: Eighty-nine thousand for the child care.
Mr. Castaneda: That's for the daycare.
Commissioner Plummer: Huh?
Ms. Marrero -Neville: Eighty-nine thousand, you're right.
Vice Mayor Alonso: To the daycare. I beg your pardon.
Ms. Marrero -Neville: Eighty-nine thousand for the child care.
Vice Mayor Alonso: How come I have...
Commissioner Plummer: She's coming up with a wow wee number.
161 June 11, 1992
0 .0
Vice Mayor Alonso: Ah, well, let me ask Frank. Frank, how come I have a
hundred and ninety-four thousand amount.
Mr. Castaneda: That is the elderly program. This is the daycare.
Vice Mayor Alonso: What about the daycare?
Mr. Castaneda: Eighty-nine...
Vice Mayor Alonso: How much is the total amount they are going to receive?
Mr. Castaneda: The daycare program will receive eighty-nine thousand nine
hundred and sixty-five dollars ($89,965.00).
Vice Mayor Alonso: Nothing else?
Mr. Castaneda: That's it. From the City.
Vice Mayor Alonso: So in this item they will only receive eighty-nine
thousand. Nothing else.
Mr. Castaneda: Nine, sixty-five. That's all. The elderly...
Vice Mayor Alonso: And a hundred and ninety-four will be for the elderly.
Mr. Castaneda: That's correct.
Vice Mayor Alonso: As a separate item.
Mr. Castaneda: As a separate item.
Vice Mayor Alonso: OK. Good.
Mr. Castaneda: Which is not included in this item because of the...
Vice Mayor Alonso: I know, separate item.
Commissioner Plummer: We'll talk about item 34 later.
Mr. Castaneda: OK.
Commissioner Plummer: OK.
Vice Mayor Alonso: OK.
Commissioner Plummer: My question is, is what happens July the 2nd?
Ms. Marrero -Neville: Let me address that. We will come... we are in the
process of negotiations as Mr. Sandford Dernis explained before. And we are
in the process of making a commitment before June 30th. So...
Vice Mayor Alonso: Were you given a legal notice that you are going... that
your lease was not going to be renewed?
162 June 11, 1992
Ms. Marrero -Neville: June 1st the Reverend from the church sent me a
certified letter. I received it on June 1st stating that they were not going
to renew the contract, with no information why they were not going to renew -
the contract.
Vice Mayor Alonso: Have you responded in any form... legal way that you will
have problems moving before July 1st? _
Mr. Dernis: I... in fact I started my contact about a week ago with the
church, and only late last week did I get a hold of their lawyer and today got - -
the information. It is my...
Commissioner Plummer: Tell them there is the Cuban Museum. —
Mr. Dernis: ...intent, and I think our proper reaction is, to sue if we
cannot negotiate something. Their reaction to us is to evict. That is a time
consuming procedure...
Vice Mayor Alonso: Yes, it is.
Mr. Dernis: ...and can be... All right.
Commissioner Plummer: Everybody loses.
Mr. Dernis: But I think a proactive litigation would solve a lot of questions _
that are at issue here, rather than just the occupancy of the premises. So I
think that the deadline that you are talking about, June 1st, is not the
deadline that we can realistically plan on. However, in addition to that
avenue, which we don't want to rely upon, they are also looking for additional
space so that a negotiation can occur with some results.
Vice Mayor Alonso: So you're confident that you have maybe three or four
months ahead of you, and also you are confident that, in the meantime, you
might be able to negotiate with the owners of the property to stay in that
building.
Mr. Dernis: It was Mr. Val asquez that suggested in a conversation with me
this morning that we talk. _
Commissioner Plummer: Well, but you know, I got to be honest with you. I -_-
don't know that I am happy that you're talking with Mr. Valasquez. I, I, I... =—
the tenant...
Ms. Marrero -Neville: We will be talking to the church.
Commissioner Plummer: Excuse me. The tenor of this letter doesn't make me —
conducive that I want to be a party to the kind of people that are trying to
infer in this letter, what they are inferring. -
Mr. Dernis: I didn't say what I would say to them. I think for the sake of
the program and the children, I have to, and for the Board of Directors, I
have to talk with them, and I have to explore every avenue. No matter what my
gut feeling may be. No matter what I may feel about them.
163 June 11, 1992
Commissioner Plummer: I think we ought to do is, at best, is to go ahead and
proceed to fund them one twelfth of funding, and then come back on July the
a... July what... the 9th. Come back July the 9th and then we'll know what
you've been able to do...
Ms. Marrero -Neville: Exactly.
Commissioner Plummer: ...and that way we can... I don't want you to have the
money and then can't use it. Then I've got to reallocate it.
Mr. Dernis: I don't want to tell you what to do but I might... If the grant
were issued with the condition that it be monthly, or the condition that we be
the recipient.
Commissioner Plummer: Well, sir, let me tell you what. Let's make it very
clear. You get a copy of the minutes tomorrow and unless somebody up here on
this Commission disputes what I am going to say, you give Mr. Vasquez or
Valasquez, or whatever his name is, a copy of the minutes. That we*are not
doing business with him. We don't intend to do business with him. We are not
going to fund him, period. Unless somebody disagrees with that, you get a
copy of the minutes and give it to him.
Vice Mayor Alonso: OK. I also would like to know. Of course you receive
additional funding. What's going to happen? Have you..?
Ms. Marrero -Neville: We already... We already have contacted all the
funding sources.
Vice Mayor Alonso: The fundings. The funding that you receive it's Dade
County?
Ms. Marrero -Neville: And also pre-K and also lieadstart.
Vice Mayor Alonso: And State. OK. And it will be...
Ms. Marrero -Neville: And the contract had been stated that is with Holy
Cross Day -Care Center, Inc. for the corporation.
Mayor Suarez: Counsellor, the facility has been run by an entity that is
named after a church. Is that correct?
Mr. Dernis: Yes.
Mayor Suarez: And the group that apparently has started its own corporation
says that the church is concerned about the ongoing publicity. Do you have a
charter or trade name or other relationship with the church that permits you
to use that name?
Mr. Dernis: The organization started with the church twelve, fifteen years
ago.
Mayor Suarez: At this point are you going to try to tell me that Holy Cross
is just generic now? It has nothing to do with the church.
164 June 11, 1992
L
* 1 0
Mr. Dernis: It has nothing to do with the church. If we had known that the
name was a problem that could be changed easily. We are not tied to the use
of that name at all.
NOTE FOR THE RECORD: Commissioner De Yurre entered
the meeting at 3:01 p.m.
Mayor Suarez: You're not tied to the church?
Mr. Dernis: Nor the use of the name.
Mayor Suarez: Al right. OK.
Commissioner De Yurre: Mr. Mayor if I...
Commissioner Plummer: May I ask a question? Are you the director?
Ms. Marrero -Neville: I am the Board President for Holy Cross Day -Care
Center, Inc.
Commissioner Plummer: Who is the executive director of your program?
Ms. Marrero -Neville: Nilsa Valasquez.
Commissioner Plummer: And what... and, huh?
Ms. Marrero -Neville: Nilsa Valasquez.
Commissioner Plummer: Is this person here?
Vice Mayor Alonso: She's the wife of the gentleman who signed the letter.
Mayor Suarez: Commissioner De Yurre yields to Commissioner Plummer's inquiry
as a senior citizen on the Commission.
Commissioner Plummer: Can you tell me how much does she make?
Ms. Marrero -Neville: Forty-four thousand dollars ($44,000.00).
Commissioner Plummer: Plus benefits.
Ms. Marrero -Neville: Exactly.
Commissioner Plummer: And our director makes seventy thousand dollars
($70,000.00). Director of daycare centers in the City make seventy thousand.
Plus benefits, I guess. OK. Go ahead, Victor. What are you doing back?
Commissioner De Yurre: It's a quick burial.
165 June 11, 1992
Mayor Suarez: That's what happens when a closing goes sour, it becomes a
burial. Commissioner.
Commissioner De Yurre: Thought you needed an extra hour. —
Commissioner Plummer: No comment.
Commissioner De Yurre: Anyway, and pardon me coming in, in the middle of this
situation, but are we talking about giving the daycare, Holy Cross, one
twelfth of the money. Is that what we're saying? On a monthly basis and...
Commissioner Plummer: My suggestion was that we give them enough money to
cover 30 days of operation because they are up in the air, and they,
themselves, don't know what's going to happen after the first of July.
Commissioner De Yurre: When is that lease up? Suppose...
Commissioner Plummer: July 1.
Commissioner De Yurre: July 1.
Commissioner Plummer: Yes, sir.
Commissioner De Yurre: When would they be receiving the money?
Commissioner Dawkins: July 1. —
Commissioner De Yurre: July 1. Don't we need... What happens to...
Commissioner Plummer: We don't meet again until the 9th, Victor, that's the
problem.
Commissioner De Yurre: Well, don't we need something as far as, in writing,
as to where they're going to be located. I mean if the Church...
Commissioner Plummer: They don't know.
Commissioner De Yurre: Well that's right. But then...
Commissioner Plummer: They don't know.
Commissioner De Yurre: The point I am trying to make is, if there's no place
for them to set up shop, what happens to that money?
Commissioner Plummer: No, what happens to the kids. That's what I am
concerned about.
Commissioner De Yurre: Well, and to the money.
Mr. Dernis: One of, excuse me, one of the options, of course, is if we see a
procedure that may be successful, and there's some time involved, one of the
procedures also is maybe to take some of the children, temporarily, and locate
them, temporarily, at other daycare centers 1n the area so that... But that's
only temporary, and a last resort. And, certainly, where those children are
and their condition would be our prime concern.
166 June 11, 1992
Commissioner De Yurre: How many children we talking about? A hundred and
change.
Mr. Dernis: A hundred and fifty-six.
Commissioner De Yurre: One, fifty-six.
Ms. Marrero -Neville: Out of those you fund thirty-six.
Commissioner De Yurre: We fund thirty-six.
Commissioner Plummer: And that's in one daycare center. And the City of
Miami has seven to accommodate the same number. Seven daycare centers.
Commissioner De Yurre: Are we concerned about thirty-six children or are we
concerned...
Commissioner Plummer: A hundred and fifty-six.
Commissioner De Yurre: ...generally about 20 percent of a hundred and fifty-
six children. I think our situation is the total package.
Mr. Castaneda: It's the hundred and fifty children, obviously, the hundred
and fifty children.
Commissioner De Yurre: OK. That what we got to look out for.
Commissioner Plummer: Well, wait a minute, for Victor's edification, are you
aware of the letter? Victor, are you aware of the letter?
Commissioner De Yurre: Which one?
Commissioner Plummer: From these Valasquez pickles.
Commissioner De Yurre: Anonymous. Is it anonymous?
Commissioner Plumper: No, no, no. It's a... Please get him a copy of that
letter because he needs to be aware. The person who is the director of their
agency present...
Commissioner De Yurre: Is the wife.
Commissioner Plummer: Her husband went and bought out the lease from the
church.
Commissioner De Yurre: Bought out or re... or... got a lease.
Commissioner Plummer: Got a lease from the church, which in effect, is
putting them out July 1.
Commissioner De Yurre: Why did the church sign a lease with them?
167 June 11, 1992
� E
Commissioner Plummer: According to them because the church was tired of any
adverse publicity relating to Holy Cross. The name Holy Cross. OK. I just
think you should be aware of that letter. OK.
Commissioner De Yurre: OK. Now, so we have a legal situation wherein we have
somebody that's got a... the right, under contract, with the church to lease a
piece of property, which puts out the group that's been there for "X" number
of years. Understanding that our concern is the children, primarily.
Secondarily, as far as I am concerned, it's the money, that where does it go,
and how is it implemented. What I would like to see, Mr. City Manager, is...
if we're talking about a situation wherein we are actually going to give
monies, one twelfth, on an emergency basis of sorts, that we identify a place
where they can go on an emergency basis, if they haven't resolved the matter.
City Manager Odio: We were talking about Clemente Park. The problem that we
have in Clemente... There's two things about daycare centers that you have to
be aware of, Commissioner. You cannot improvise. There are requirements by
the State that are very strict when you deal with children. And Clemente is
also now in the summer program. It starts in two weeks and we have hundreds
of kids.
Commissioner De Yurre: Do we have anybody from the company that is... that
just acquired the lease?
Commissioner Plummer: No. I asked. They're not here.
City Manager Odio: No. I was just asking. If somebody wants to speak for
Kidco...
Commissioner De Yurre: Because we are talking about the, J. L., we are
talking about the welfare, the well being of the children...
Commissioner Plummer: That's what we've addressed...
Commissioner De Yurre: And this new company is coming in and saying we have
the lease we will take care of them right here, right now...
Commissioner Plummer: Yeah. But the problem is, Victor, we all felt that
this company that was coming in was trying to put it in under the gun. When
they went to see Miller. Miller, tell him what they told you. Brazenly, told
Miller.
Commissioner Dawkins: The guy came into my office and told me that they
deliberately got the lease away from the other place so that they could take
the business. I asked him what was he going to do for the money. He said
once they had the building, they would automatically get the money, and his
only concern was to put the daycare center out of business and take over. Now
that's what the gentleman told me.
Commissioner Plummer: Tell me if it's true, Frank, if you know... Dorothy sit
down. You're winning, sit down. You're losing, sit down. My understanding
is that this company was, in fact, originally established as a profit making,
and that they went broke, and when they did such, they went nonprofit to try
to come over and keep the salaries alive. Is that a true statement, or do you
know?
168 June 11, 1992
Mr. Castaneda: Commissioners, I know nothing about Kidco as an entity.
Commissioner Plummer: OK. Then I would ask you to please look into that
between now and the next meeting to see if there is any truth to that at all.
Commissioner De Yurre: Is there anyone from the church here?
Commissioner Plummer: Not. No. Well, they readily acknowledge that the
church has put them on notice that they will be terminated as of July 1. They
admit that.
Commissioner De Yurre: Well, I want to see if the reason that they are giving
is the name is the issue.
Commissioner Plummer: Well that's what they were told.
Commissioner De Yurre: You know, I would have liked to have seen somebody
from the church which is, I think, quite a participant in this whole
situation.
Commissioner Plummer: I think we ought to give them one twelfth of their
funding. By that time, we'll know where they are, what they're doing, and if
we concur that they're doing things right the way we want to see it, we'll
give them the other eleven twelfths.
Mr. Dernis: And may I suggest, also, condition upon us identifying where the
children are going to be for that one twelfth period.
Commissioner Plummer: Of course.
Mr. Dernis: Absolutely. I can respond to one part of your question.
Commissioner De Yurre: One question, one concern, again - going back. What
if you can't find a place? What if the logical situation is that they remain
in that location? Because that location is available.
Commissioner Plummer: He said they were going to talk to the church.
Mr. Dernis: We have to negotiate with the church.
Commissioner De Yurre: Again, we are going back to what is in the best
interest of the children.
Vice Mayor Alonso: Exactly.
Commissioner De Yurre: If it's the best interest of the children making sure
they have a place...
Commissioner Plummer: We said that from word one.
Commissioner De Yurre: ...is it... how much is our concern then who gets the
money to take care of them?
169 June 11, 1992
Commissioner Plummer: Well, you want my opinion? When the church finds out
that there may not be space leased... The church needs dollars and may
reconsider about who they will lease that has dollars.
Commissioner De Yurre: Yeah, but then they end up in court because they have
a commitment already. In writing...
Commissioner Plummer: Oh, I can't... No. They can lease to two people maybe.
Commissioner Dawkins: If the church does not reconsider, they've already said
there will be summer schools and in some school... and in some there will not
be. There are two or three elementary schools out there that you should be
able to use temporarily while you are looking for some space.
Mr. Dernis: And the equipment.
Commissioner Dawkins: There is no such thing as it can't be worked out.
Mr. Dernis: And the equipment belongs to the corporation. Not to the church.
I can answer... respond to part of your question. Kidco was originally formed
as a for profit corporation and it was then changed to a nonprofit. The same
people were involved then that are involved now. They were...
Commissioner Plummer: Then shame on you for allowing your Executive Director
to be in a private business and competing with you. No. Shame on you.
Mr. Dernis: Yeah. Mea Culpa, no question about it.
Commissioner Dawkins: Make your motion, J. L.
Commissioner Plummer: I make a motion that, at this time, that we grant one
twelfth funding of proposed funding to the Holy Cross Day -Care Center, Inc.,
to be determined by the community development, that the place chosen on the
first of July is adequate, and report back to this Commission on July the 9th
for future funding.
Mayor Suarez: So moved.
Commissioner Plummer: I so move.
Vice Mayor Alonso: Second.
Commissioner De Yurre: Second. But, again, with the understanding that by
July 1st before the money is given that we know where they're going to be.
Commissioner Plummer: Of course.
Commissioner De Yurre: If they have no location yet...
Commissioner Plummer: I said a place was adequate.
Commissioner Dawkins: But if they have no location, and the other people have
no money, we got a problem.
170 June 11, 1992
Commissioner De Yurre: Then do we give it to the church? And...
Commissioner Dawkins: I don't know who. I am not going to give it to the new
guy.
Commissioner Plummer: No.
Vice Mayor Alonso: No.
Mr. Dernis: I want to assure you if I get back in my office in time today, if
not today, tomorrow, I' l l be on the phone with the church and there will be
meetings set and negotiation.
Commissioner Dawkins: That's your part. Let us handle this part up here.
You go ahead...
Mayor Suarez: Sir, did you want to address that? OK. All right.
Mr. Castaneda: We will do our best to make sure that for those 30 days the
children are served. Whatever that entails.
Commissioner Dawkins: Thank you.
Mayor Suarez: OK.
Commissioner Dawkins: Especially with Dorothy which means the kids will be
taken care of.
Commissioner De Yurre: And is this basically a recommendation of the
Administration?
City Manager Odio: For this? No.
Commissioner De Yurre: Yes. What is your recommendation?
Vice Mayor Alonso: What is your recommendation?
City Manager Odio: Do you mean the one -twelfth?
Commissioner De Yurre: No. What is your recommendation in this situation?
City Manager Odio: No, no. We have to keep the child... the daycare center
alive. We need to keep the kids in a place.
Commissioner Plummer: The motion is one twelfth of funding.
City Manager Odio: And I agree with, Commissioner Plummer,...
Commissioner Plummer: All right. That's what he asked. Recommendation.
City Manager Odio: ...that at least it give us time to find a place. Yeah.
Yeah.
Vice Mayor Alonso: That's exactly your recommendation then.
171 June 11, 1992
Mayor Suarez: All right.
Commissioner De Yurre: So you agree with the motion?
City Manager Odio: No... yeah, because it was his idea not mine. That's what
I am saying.
Commissioner De Yurre: No. No. I just want to make sure that we're all on
the same page.
Vice Mayor Alonso: But you agree with it. Yes?
City Manager Odio: Yes, I agree with it.
Mayor Suarez: Now that we've determined whose idea it is, we determined
recommendation. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-393
A RESOLUTION, WITH ATTACHMENT, ALLOCATING $7,497 OF
EIGHTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10955,
ADOPTED APRIL 2, 1992, TO HOLY CROSS DAY CARE CENTER,
INC., TO PROVIDE A CHILD CARE PROJECT IN THE WYNWOOD
TARGET AREA; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH SAID AGENCY FOR SAID PROJECT.
(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: Now. Their matter, I think the best way to handle it is...
Commissioner Plummer: Punt...
Mayor Suarez: ...a quick... yes.
172 June 11, 1992 _
E.
Mr. Castaneda: Can we finish approving item 11, with that change?
Commissioner Plummer: No.
Mayor Suarez: OK. That will not affect 34 then?
Mr. Castaneda: No. That does not affect 34.
Commissioner Plummer: No, no, no. Mr. Mayor, handle 34 because I need to go
into 11 a lot more than what we have here.
Mayor Suarez: All right. Fine. Fair enough.
Commissioner Plummer: I don't find... Let me tell you what I am looking for
so they can maybe be finding it.
Commissioner Dawkins: OK. Let's get rid of 34 and then you tell us, because
we'll be here listening... I don't want to hear it twice.
Commissioner Plummer: Miller, so they can be...
Commissioner Dawkins: I don't want to hear it.
Commissioner Plummer: ...getting the answers. Where is the money for the
Haitian Community that we allocated?
City Manager Odio: It's not going... You're not giving it today.
Commissioner Plummer: Then I don't see a... I don't see a fund balance here.
City Manager Odio: No. What you're doing is... you're allocating these
monies then...
Commissioner Plummer: Where is the contingency fund...
City Manager Odio: Listen.
Commissioner Plummer: ...for the monies that is not being allocated?
City Manager Odio: It's there.
Mr. Emilio Lopez: And also for Wynwood.
Commissioner Plummer: OK. No, Wynwood's here.
City Manager Odio: When you decide who you want to give the money to...
Mayor Suarez: All right. We got to make sure it's there, because
otherwise...
City Manager Odio: It's there, Mr. Mayor.
Mayor Suarez: ...the proverbial...
173 June 11, 1992
Commissioner Plummer: Yeah. But you didn't warn me in advance.
Mayor Suarez: ...Hades will break loose.
Vice Mayor Alonso: And in the future...
City Manager Odio: It's up to you to decide who will get that money later.
Commissioner Dawkins: Why are you getting into it? Why are you getting into
a contest?
Vice Mayor Alonso: ...don't allow the same corporation to run a daycare and a
senior center, because it is a problem.
Mayor Suarez: OK.
Vice Mayor Alonso: That's the problem we're having today. That they are
running in the same corporation two things.
Commissioner Plummer: What do you want?
Mr. Lopez: Mr. Plummer.
Mr. Castaneda: Let me answer before Emilio gets into that. What basically
happened is that Wynwood elderly program... Wynwood Elderly, Inc. used to be
the corporation that ran the elderly program. They got into very... financial
problems and it ceased to exist, and Holy Cross organization moved in to fill
that vacuum and they did it to help the elderly in that area, at that time.
Mayor Suarez: Wait, wait, before...
Mr. Lopez: Mr. Plummer.
Mayor Suarez: ...that I want to see if we are more or less... we think we
agree where we are, Emilio. The investigation that was carried on by the City
indicates, I believe, that nothing improper was done of the kind of thing that
would cause us to have to revoke any funding, or otherwise disqualify the
existing service provider, which is named... What is the technical name? The
one that I believe this gentleman represents?
Mr. Emilio Lopez: Holy Cross Day -Care Center.
Mr. Castaneda: Holy Cross...
Mr. Lopez: Day -Care Center.
-j
Mr. Castaneda: ...Day -Care Center, Inc.
Mayor Suarez: All right. In the meantime, by the way, you have also
_} concluded that, Mr. City Attorney, despite what I believe is a factual
admission on everybody's part, that the person who is now the Executive
Director at the time that Mr. Morales was let go, fired, asked to resign,
whatever, was in fact on the board. That does not affect that determination?
174 June 11, 1992 =
Mr. Dernis: That's not the case. That's not the facts.
Mr. Jones: No. It really doesn't have any bearing on any action that you can
take.
Mayor Suarez: Have you looked at that particular allegation at all?
Mr. Jones: We've looked at it to the extent that we can. Again, Mr. Mayor,
as I indicate to you, that's really an internal problem that doesn't affect
this one way or the other.
Mayor Suarez: All right. Now, having determined all of that, we, I believe,
have been confronted, Luis and Mr. Manager, with petitions signed by the group
that would like the current Executive Director... What is the woman's name?
Unidentified Speaker: Nilsa Velasquez.
Ms. Marrero -Neville: No, no, no, Abadia.
Mayor Suarez: What is her name? - is all I need.
Mr. Dernis: Abadia Escobosa-Adames.
Ms. Marrero -Neville: Abadia Adames is easier.
Vice Mayor Aionso: What's your name?
Mayor Suarez: Adames?
Vice Mayor Alonso: Adames?
Mayor Suarez: What's the first name.
Ms. Marrero -Neville: Abadia.
Mayor Suarez: How do you spell it?
Mr. Marrero -Neville: A-b-a-d-i-a.
Mayor Suarez: OK. Abadia Adames. That the people... I am sorry... The
people who support, in effect, the board that would have her as the Executive
Director, have recently, I believe, submitted a petition and they include some
of the elderly who are served. The people who would like Mr. Morales to
continue being the Executive Director have signed a petition, and they include
some of the elderly served.
Mr. Luis Carrasqu111o: That's correct, sir.
Mayor Suarez: Now is there an official list of elderly served or is it..?
City Manager Odio: There is a register.
Mayor Suarez: There is a register.
175 June 11, 1992
Mr. Carrasquillo: There is a register. Yes, sir. -
Mayor Suarez: Has the Administration been able to determine whether it's
important or not, we'll decide, how many people signed, of the ones that are =
served, and that are "in that register" have signed... - -
City Manager Odio: No.
Mayor Suarez: ...on behalf of one organization, or one structure, and the
other, and how many have signed both?
City Manager Odio: No. If you count, there are more signed on this side but
he could get... He also... Emilio Lopez visited him. He said he could get all the signatures you want but, Mr. Mayor, we have no way...
Mayor Suarez: Has the Administration been able to ascertain...
City Manager Odio: No.
Mayor Suarez: ...how many of the people served have, in fact, duly signed --
either of the petitions, and how many have signed both?
City Manager Odio: No. There is no way...
Mayor Suarez: All right.
City Manager Odio: The only way would be, Mr. Mayor, if we, ah...
Mayor Suarez: You've answered by question.
City Manager Odio: No.
Mr. John Thornton: I can shed some light on that, Mr. Mayor. Here is the
log.
Mayor Suarez: All right.
Commissioner De Yurre: Hold it, Mr. Mayor.
Mayor Suarez: I thought that maybe something useful in that, probably there
isn't. All right. That completes my question.
Commissioner De Yurre: Mr. Mayor, I just don't want to see here the elderly
being manipulated. OK.
Ms. Marrero -Neville: Of course.
Mr. Thornton: That's what's happening.
Commissioner De Yurre: I don't want to see... EH, POR FAVOR, SINTENSE UN
MOMENTICO. SINTENSE TODO EL MUNDO AHI.
Mayor Suarez: POR FAVOR, SIENTENSE.
176 June 11, 1992
Commissioner De Yurre: I don't want to have this, you know, everybody stand
up now and do this and do that. Let's leave them alone and let them have
their say, if they want to speak. I don't want to see them used. I don't
want to see them manipulated. No direction from the back. Everybody calm.
Sit down and listen to what's going on here.
Mr. Thornton: May I say something about this?
Mayor Suarez: Well wait. We're not there... there...
Mr. Thornton: Your log. You wanted to know about the list.
Mayor Suarez: But not yet. I was asking our staff if they had made any
determination that would be useful to us. I have a feeling we are going to
hear from attorneys. I have a feeling we're going to hear from citizens, and
we'll get to that. I was just hoping that there was some reason in the
madness here, and I find that, as has happened many times in the past, now
that we have a neighborhood service center, NET (Neighborhood Enhancement
Team), whatever, person, we need a little more help from the City staff to try
to decide these things. And I think it would have been a very logical thing
to do an analysis of whether these people are, like Commissioner De Yurre
said, being manipulated to the point that they don't know if they are signing
something...
City Manager Odio: OK.
Mayor Suarez: ...they are signing two, how many are, in fact, on one list,
how many,...
City Manager Odio: That's why...
Mayor Suarez: ...you know, know that they are on a register. You know, and
all of that. That would have been immensely helpful to us. Otherwise, we are
going to have to guess from the presentations being made now by attorneys,
none of whom we particularly trust, and by individuals who may be somewhat
confused, because many of them are elderly and many...
City Manager Odio: Mr. Mayor.
Mayor Suarez: ...of them just have never been in a situation like this. All
right.
Commissioner Plummer: May I inquire...
City Manager Odio: There might be a...
Commissioner Plummer: ...what is the contingency fund, Frank, for the monies
not allocated in item 11? The total amount of that contingency.
City Manager Odio: We're talking...
Mr. Castaneda: Zero.
Commissioner Plummer: What?
177 June 11, 1992
Mr. Castaneda: Zero. —
Commissioner Plummer: OK. Then where is the money for this organization that
we are going to possibly argue about?
Mr. Castaneda: Commissioners, this money was included in item 11. The reason
that I took it out is because it was being held as a public hearing, and I did
not want to confuse item 11. The allocation for this program is a hundred
ninety-four thousand three hundred ninety-five dollars ($194,395.00).
Commissioner Plummer: Is this... That... does that include the daycare?
Mr. Castaneda: No. The daycare was included...
Vice Mayor Alonso: It's separate.
City Manager Odio: No.
Mr. Castaneda: ...in item 11 because that occurred...
Commissioner Plummer: Then, I'll ask again, sir. What is the unallocated
funds in item 117
Ms. Marrero -Neville: One ninety-four. _
Mr. Castaneda: All the funds in item 11 were being allocated. However, in
your action today you only allocated one twelfth of the money for the Holy
Cross Day -Care Center, Inc. daycare.
Commissioner Plummer: Are you telling me that the total funds for social
programs is one million seven hundred seventy eight thousand eight hundred and
fifty-five ($1,778,855.00)?
Mr. Castaneda: Plus one ninety-four, three ninety-five ($194,395).
Commissioner Plummer: One ninety-four.
Mr. Castaneda: Three ninety-five.
Commissioner Plummer; OK. Another question. The money that we allocated for
the Little Havana Medical Program. I don't find that here. Where is that?
Mr. Castaneda: That is coming from the general fund. That was coming from
the interest revenue that was allocated and that will be coming to your first
meeting in July. We just did not have time to prepare that item.
Commissioner Plummer: But that is there?
Mr. Castaneda: It is there.
Commissioner Plummer: Because that's matching four to one or three to one.
178 June 11, 1992
Mr. Castaneda: Right. And that money will be... That will be coming to your
agenda in July.
Commissioner Plummer: So what you're saying to me is, is that to the million
seven you add almost another two hundred thousand dollars.
Mr. Castaneda: And that is the total amount of money available.
Commissioner Plummer: Thank you, sir. One other question. I am sorry. In
item 12...
Mr. Castaneda: Right.
Commissioner Plummer: ...Which we've passed...
Mr. Castaneda: That's correct.
Commissioner Plummer: ...I am asking in two areas, Catholic Community
Services,...
Mr. Castaneda: Right.
Commissioner Plummer: ...and Coconut Grove Family Health.
Mr. Castaneda: Right.
Commissioner Plummer: Is this money in addition to what they're getting in
item 11?
Mr. Castaneda: Yes, it is. However, in item 12 this is not for public
services. This is for capital improvements and renovations. That's why the
fifteen percent (15%) cap does not apply.
Commissioner Plummer: Where... What improvements, for example, is the
Coconut Grove Family Health Clinic making?
Mr. Castaneda: The Coconut Grove Family Health Clinic, I believe, are making
improvements to their roof. And they also want to acquire a property because
their center is too small for the services they are providing.
Commissioner Plummer: And what reverter clause will we have on any property
they acquire?
Mr. Castaneda: The same as in One Art, Inc.
Commissioner Plummer: All right. On the Catholic Community Center. Because
I am seeing that we're giving these people money in social programs as well as
in the other.
Mr. Castaneda: That's correct, Commissioner.
Commissioner Plummer: What is the forty-five thousand for... in item 12 for
Catholic Community..?
179 June 11, 1992
Mr. Castaneda: The forty-five thousand dollars ($45,000) in there is for the
building that has been completed across the street from the Manuel Artime
Community Center. East Little Havana Development Corporation is finishing
that building. It is a housing project, and it will have a significant
daycare program inside of which we're paying for...
Commissioner Plummer: Who will be the owner of that building?
Mr. Castaneda: Oh, the owner of the building will be East Little Havana
Development Corporation, however, Little Havana,... I am sorry, Catholic
Service Bureau will be leasing space in that building.
Commissioner Plummer: And this money will be for the lease?
Mr. Castaneda: This... no, this money will be for the physical improvements
that they will be doing to their facility.
Commissioner Plummer: To the area that they lease?
Mr. Castaneda: That is correct. It will be cabinets and things of that
nature.
Commissioner Plummer: All right. Thank you.
Commissioner Dawkins: Where did this money that we're just discussing come
f rom?
Mr. Castaneda: All of this money is from community development.
Commissioner Dawkins: No, the one that, no, no, no. The money for the
capital improvement. Where did it come from?
Mr. Castaneda: From community development funds. This was discussed and
approved by the Advisory Board and by the City Commission.
Commissioner Dawkins: Community development?
Mr. Castaneda: Um, hum.
Commissioner Dawkins: All right. How much more is left?
Mr. Castaneda: All the funds have been allocated. What I am coming here is
asking for authority to enter into contract to carry out what the Advisory
Board and the City Commission have already approved.
Commissioner Dawkins: St. Alban's Day Nursery did not need any capital
improvement?
Mr. Castaneda: They did not make any request for that.
Commissioner Dawkins: You see. You didn't tell me. You said this was
approved by the committee. So evidently you did not have to make an
application. The Committee automatically decided, listening to you now.
180 June 11, 1992
W-
Mr. Castaneda: No, no. Commissioners, all the agencies submitted numerous
request for proposals. I think that we have proposals in the amount of about
thirty million dollars. Emilio Lopez was an Advisory Board member...
Mr. Lopez: I want to speak to that.
Mr. Castaneda: ...and we reviewed all sorts of proposals.
Commissioner Dawkins: OK. Now, coming back to where I am, there's not one
daycare center in Liberty City that got in any money. There's not one daycare
center in Ailapattah that needed any physical improvement. I don't see one in
Flagami that needs any physical improvement. So I would like to know how I
can make sure that when you have some more money loose, like this, out of the
next budget, that those places like St. Albans and others, who didn't get any
money, get some this time.
Mr. Castaneda: We'll give priority to those places...
Commissioner Dawkins: Beg your pardon?
Mr. Castaneda: We'll give priority to those places that...
Commissioner Dawkins: No. We're going to do it better than that. Me and you
will go to them and get some applications.
Mr. Castaneda: OK, Commissioner.
City Manager Odio: That's right.
Commissioner Dawkins: And let them... and we will... like, you know, so we
get it done.
Commissioner Plummer: You mean for capital improvement?
Mr. Castaneda: OK.
Commissioner Dawkins: Thank you. I don't want to hear nothing from you.
Mr. Emilio Lopez: Can I have a... Can I have a quick...
Mayor Suarez: Emilio, we're going to get to that.
Mr. Lopez: No. No. It's in relation in to the budget, not to the problem.
If I recall, the last we were...
Mayor Suarez: This is Emilio Lopez for the record.
Mr. Lopez: ...you were... Emilio Lopez from...
Commissioner Plummer: Somewhere.
Mr. Lopez: ...Borinquen Health Care Center, somewhere...
Vice Mayor Alonso: He doesn't know any more.
181
June 11, 1992
Mr. Lopez: If I recall, the last time you... we dealt with community
development, and I belong to the board of the community development, by the
way.
Commissioner Plummer: No commercials.
Mr. Lopez: OK. There was three hundred thousand or two hundred thousand
dollars. You said that one hundred thousand was supposed to go to Little
Haiti, and there was supposed to be one hundred thousand dollars going to
Wynwood. I would like to find out where is those hundred thousand dollars
don't leave them out.
Commissioner Plummer: I want to know also, Frank, where the two hundred
thousand...
Mr. Lopez: Please.
Commissioner Plummer: ...is for Little Haiti.
Mr. Castaneda: Yeah. We are getting proposals...
Vice Mayor Alonso: You want to know what?
Mr. Castaneda: ...from Little Haiti right now.
Commissioner Plummer: Where is the money? Not in social services?
Vice Mayor Alonso: You mean the hundred thousand dollars for Wynwood.
Mr. Castaneda: No, no. It's for physical or economic development.
Mr. Lopez: Yes, for Wynwood.
Commissioner Plummer: OK.
Vice Mayor Alonso: It is in the budget.
Commissioner Dawkins: Say what? Way what..?
Mr. Castaneda: Yes.
Commissioner Plummer: It's not... It's not in the social.
Mr. Lopez: It is in the budget.
Vice Mayor Alonso: It is included. The hundred thousand is included.
Mr. Lopez: That's the only one to know that it's included. That the only one
to know.
Vice Mayor Alonso: Isn't it? Yes. Yes. Very much so.
Commissioner Plummer: Emilio, go away and sin no more.
182 June 11, 1992
LA
Mayor Suarez: All right.
Vice Mayor Alonso: It is.
Mayor Suarez: The principal group arguing... I mean the principal person
arguing for one group is the gentleman attorney.
Commissioner Dawkins: Well, do it.
Mayor Suarez: Is that correct?
Commissioner Plummer: The Manager says he has a solution, Mr. Mayor.
Vice Mayor Alonso: With all of his wisdom.
City Manager Odio: No, no. I've been talking to both sides.
Mayor Suarez: Solution, wow! UNA SOLUCION.
Commissioner Plummer: Speak to it, Solomon.
Mayor Suarez: All right. Let's hear it.
Commissioner Plummer: Speak to us.
City Manager Odio: Let's have an election next week. Where...
Mayor Suarez: Oh.
City Manager Odio: ...supervised by the City...
Mayor Suarez: I thought you meant a substantive solution. Now you are going
to propose a procedure.
City Manager Odio: ...of Miami. Supervised by the City where... She knows
every participant of the program. And only the participants decide what they
want.
Mayor Suarez: Well, you would have to do that by closing the register as of a
particular date.
City Manager Odio: No, no. The ones that are registered now. And then
hold... they go in there and vote yes... whatever they want.
Commissioner Plummer: Well, Mr. Manager, let me tell you. I think under the
drawing board that looks good.
City Manager Odio: That's what they want.
Commissioner Plummer: That is not my concern. You know we always try to do
for the people what they want. But are you going to give me an assurance that
the people that are chosen are the people that best deliver the service?
That's the area of my concern.
183 June 11, 1992
11
City Manager Odio: Well I ah... no. That's not my problem.
Commissioner Plummer: Well, you see that's important.
Vice Mayor Alonso: No, that's our problem.
City Manager Odio: No, no. I mean, I mean... that...
Commissioner Plummer: That's where...
City Manager Odio: At that point, that's something we have to interview who
would do what, but the obvious question is if Mr. Morales group wins, he was
running the center. And if they win, they were running the center. So...
Mayor Suarez: Let me ask another procedural question of the gentleman behind
you. Sir, photographer...
Commissioner Dawkins: Miami Times. I mean the new... the Herald, Miami
Herald.
Mayor Suarez: What is your name?
(INAUDIBLE RESPONSE)
Mayor Suarez: And a Miami Herald reporter, right? Or "EL NUEVO"?
Commissioner Plummer: We won't hold that against him.
Mayor Suarez: We see a lot of interest a lot of times from the principal
daily, otherwise known as the "Palace of Malice by the Bay," whenever there's
a controversial item. We kind of invite you to come back here, both of you,
when we have the more normal and routine items that actually, in many cases,
are just as important, if not more, than this one, but...
Commissioner Plummer: That doesn't sell newspapers.
Mayor Suarez: OK. Now, as to the...
Vice Mayor Alonso: In cases like this, they send Carl Goldfarb home.
Mayor Suarez: Yeah. And we take notice of the fact that you got rid of
Goldfarb first.
Vice Mayor Alonso: He's gone.
Mayor Suarez: Brought in the heavy in Ivan, and the photographer, Peter, and
the whole bit. We are set. All right.
Unidentified Speaker: We don't have access to City funds so we got to...
Mayor Suarez: We don't have access to City funds. That's cute. Pretty soon
you are going to have more employees than we've got.
184 June 11, 1992
Commissioner Plummer: Well, with your beard, stand under 395 you might be
a .. .
Mayor Suarez: I guess, Luis, Mr. Manager, we may as well... I don't know if
the Commissioners want that proposal to be on the table as an idea, or maybe,
we'll just hear from you generally, and you generally, and then we'll see if
the Commission wants to try something like that, or otherwise make a decision.
Commissioner Plummer: Well, are we looking at one or the other or if that
fails we go to a third party? Is that what we are looking at? I mean I am
trying to figure out where the hell we are.
Mayor Suarez: I don't know. So,...
Commissioner Plummer: I don't know.
Mr. Thornton: What my suggestion is, Mr. Mayor...
Mayor Suarez: Name and address and who you represent. And then we'll hear...
Mr. Thornton: John Thornton for the elderlies, for the De Hostos Senior
Center, Incorporated. The new corporation. What we've seen in the last month
or so is signatures that have come from the other side. We have checked them
out and we know that they were signing up for an English class, and blank
papers. And they used those papers to put into, to act as though they were
supporting that side. Today, all of these people here from that side are
nonparticipants except for about seven. So, we need the voting of only the
seven, and I have affidavits here for all of you. About five affidavits of
all the false representations that have been going along to get people to try
to vote, or... but they should be sticking to the participants list. And we
have a participants list. We know who came there and when I gave you,
remember, the 15th of May, I gave you 107 out of 115 signatures. Those were
of participants. We know those people are for Mr. Morales and the new
corporation. Today I have other affidavits which bring to you all of the
intimidation that's been going along lately. That you are not going to get
your food if you back them up. All sorts of things that...
Mayor Suarez: OK.
Mr. Thornton: ...we'll present to you...
Mayor Suarez: And...
Mr. Thornton: ...so...
Mayor Suarez: ...and counsellor, what about the merits of your group and your
organization versus theirs? Because you are arguing who...
Mr. Thornton: OK. First...
Mayor Suarez: ...signed what and why did they do that. And who tricked whom
and who...
185 June 11, 1992
I.:
Mr. Thornton: OK. Fi rst of al 1 , I did take i t upon mysel f to 1 ook i nto a
body of Escabosa's qualifications, and I called Boston. And where she's
saying on her C. V. (curriculum vitae) she worked there for three years, she
worked there for three months. And I checked another one out there that's not
even in existence. We've found out that she got fired by Manny Vega over here
at the Hemophiliac Center just before she got this motion to get Morales
fired, and she'd take over his place. I have other things that I've submitted
to you in the past where she doesn't know how to deal with elderlies. She has
a witness here who will tell you she runs it like the army. Well, you can't
run the... Which I kind of thought of anyway because she called the police on
this Totain, instead of going out and talking to her, she called the police on
her. So, I kind of see her as somebody who came from another job where she
couldn't handle personnel, and she couldn't get along with the procedures and
all of that. As somebody who is, continually, not somebody who should be with
the elderlies. We have, as our Chairman, Haddy Miranda, and I didn't... I've
got an 8 page C.V. on her if you want me to get it to you. But she is very
kind, very qualified. She ran that building over there for 17 years. She
knows the whole area. She's been in there a long time. We have Hildred
Totain, who's a retired nurse, on the Board. We have Dr. Areas as our
Treasurer. I am the Vice Chairman and Sergeant at Arms. That's in case
Emilio brings his bullets to the meeting, you know, I can take care of that.
Mr. Lopez: Yeah, I go to the minute. I would like to speak.
Mr. Thornton: And we have... we have Mr. Morales that... All of these people
who have been participants we know they love him and they... And I've talked
to Father Corces the other day, Monday the 1st, and he absolutely...
Mayor Suarez: You're not going to get into hearsay here, are you Counsellor?
Mr. Thornton: Oh, well, listen. I would love to bring all the witnesses.
You know a lawyer would like to have witnesses.
Mr. Dernis: Why should it be any different the he's already...
Mr. Thornton: Anyway, we have elderlies appointed here, Dorothy Quintana,
Osraldo Bordes, Rosa Diaz, Angela Martinez, Irasmo Ponte. These are all
caring people who are... Have been here six times. This is the sixth time
these people have shown up.
Mayor Suarez: Six times.
Mr. Thornton: So 1 think we have a good going concern. We have Dr. Roman,
who teaches over there. We have some good people there.
Mayor Suarez: All right. OK.
Mr. Thornton: And I've checked out for the insurance, the lease. I've talked
to Peter Connor on the Catholic Community Service, on the food. Everything is
going along on all those areas.
Mayor Suarez: All right.
186 June 11, 1992
k, a
4
Mr. Thornton: And I have a letter from a CPA (certified public accountant)
who says he's going to monitor, like he should. So...
Mayor Suarez: All right. Counsellor.
Mr. Dernis: Let me first...
Mr. Thornton: May I make one more statement on the... Things happened
yesterday while I was still in an airplane here. Anabella, who has been loved
by all those people over there, resigned yesterday because she couldn't stand
all the Mickey Mousing that's going on.
Mayor Suarez: Anabella who?
Mr. Thornton: Del Sol.
Mayor Suarez: And what was her position?
Mr. Thornton: She was the...
Mr. Dernis: Activities Director.
Mr. Thornton: She was the Coordinator right there at the center. She's right
here to talk to you if you would like. And she would like to tell you a few
things.
Mayor Suarez: She was the Activities Coordinator and she resigned yesterday.
Where is Ms. Anabella?
(APPLAUSE)
Mr. Thornton: She's kind of shy and she was written up in the Herald so...
Mayor Suarez: OK. Thank you. We gather that she's well loved.
Commissioner Plummer: How many... Do we know how...
Mayor Suarez: Thank you.
Commissioner Plummer: ...many participants there are?
Mayor Suarez: YA ENTENDEMOS QUE USTEDES LA QUIEREN.
Commissioner Plummer: One hundred and fifteen participants. Is that the
legitimate number? But, I mean, is that agreed upon by both sides? I mean
that were prior to the feuding, fussing and fighting. Was that the number
agreed upon by both sides? OK?
Mr. Dernis: There was never any agreement.
Mayor Suarez: Well, we are wondering...
Commissioner Plummer: Other than the fact...
187 June 11, 1992
Mayor Suarez:
participating.
Mr. Dernis: Yes.
7 AINk
...if you agree that there were roughly that many people
Mayor Suarez: OK.
Mr. Thornton: All the people that showed up today... Got 18 of them that
work at Borinquen Center. You got a lot of people from Allapattah. None of
those people participate in this De Hostos.
Mayor Suarez: All right. Well, you've told us that...
Commissioner Plummer: Does... is...
Mayor Suarez: Ma'am, you... All right. Go ahead Commissioner.
Commissioner Plummer: Excuse me. I wanted to ask a question, Mr. Mayor.
Mayor Suarez: Yeah. Go ahead.
Commissioner Plummer: Does anybody have an objection to the Manager's
suggestion of the hundred and fifteen, who are the so called legitimate
petitioners, recipients? Does anybody have an objection to having a vote of
who they want? Has anybody got any objection to that?
Mr. Dernis: Yes.
Commissioner De Yurre: I have an objection.
Commissioner Plummer: OK. Tell me what your objection is.
Mr. Dernis: The objection...
Commissioner Plummer: OK. I would like to know...
Commissioner De Yurre: Hold it. Hold it.
Commissioner Plummer: ...what the objections are.
Commissioner De Yurre: And the objection has to be that these hundred and
fifteen people are going to be put through hell. There's no question...
Commissioner Plummer: Well isn't that the case now and has been for two
months?
Commissioner De Yurre: ...'cause they...
Mr. Dernis: No.
Mr. Thornton: They would really like to have this settled as soon as possible
so that's the point.
Mr. Dernis: May I respond, Mr. Commissioner?
188 June 11, 1992
Mayor Suarez: All right.
Commissioner Plummer: Yeah.
Mayor Suarez: Did you finish your presentation now? --
Commissioner Plummer: I would like to hear what you think is objectionable to -
having the election.
Mayor Suarez: Commissioner, I am sorry, you interrupted. I had asked the
young lady to say something.., _
Commissioner Plummer: Then, I am sorry. You'll wait, sir.
Mayor Suarez: ...why she had resigned, if she wants to say, and if it's
relevant at all to this.
Commissioner Plummer: OK.
Mayor Suarez: People resign for all kinds of reasons. Yes, Ma'am.
Ms. Anabella Del Sol: OK. My name is Anabella Del Sol. I've been working at
the Senior Center...
Mayor Suarez: Can you just get a little closer to the mike, and bring it
closer to you.
Ms. Del Sol: OK. I've been working at the Senior Center for 15 years and,
you know, I resigned because I don't like the way, you know, they are working
now. Because they don't let me go to the houses like I usually go to see the
seniors and help them like I used to do for all those years. And, you know,
we have, you know, two social workers and they don't do the things that I do
for the elderly, and just now they start to go to the homes to see them only
to get the signs, you know, the signatures for...
Commissioner Plummer: Well, Mr. Mayor?
Mayor Suarez: Yeah.
Commissioner Plummer: I see us going around in circles here. OK.
Mayor Suarez: Can we just hold...
Commissioner Plummer: Can we, let me ask this...
Mayor Suarez: Can we hold that until we hear from them? I feel we have heard
one side and not the other.
Commissioner Plummer: All right, sir. Sure.
Mayor Suarez: All right. Please. I don't know if Emilio has a bullet.
Mr. Thornton: May I hand in these affidavits?
189 June 11, 1992
7
Mayor Suarez: No, no. Just hold it counsellor, please. I don't know whether
you have a bullet or not, but you certainly have a right to be heard. All
right. Counsellor. You can always, you know, be heard later. Yes.
Mr. Dernis: In response to the Commissioner's question and the County... and
the City Manager, excuse me, City Manager's suggestion. I have no objection
to the participants in the program. When I say I, I am speaking for my
client. Have no objection to the participants in the program having a say.
Even a veto in what their problems... how their problems are handled in the
center. They should be involved in the process. Having them line up in a
short period of one week, and the pressures applied by both sides, I don't
think it's fair to them. I think that, and I agree with the other side,
having them line up, having them vote in one week, I don't think is fair
because there has not been... there has not been enough information. They
are, and I appreciate it, they're very attached to Mr. Morales. He was their
Center Director for a couple years. They know him personally. That's
wonderful. He got good grades from the City. That's fine. He is no longer
with them, and that was a valid Board decision. Participants in the program
should be informed as to what the issues are, and not be subject to any kind
of misrepresentation. That takes some time. And we don't mind the City
overseeing that. We don't mind the City's involvement in any way to assure
that it's done fairly. But I think more important than making that decision
now, is to establish one... which entity is going to be providing the
services, and as part of that component, what is the organization going to do
to assure the participation. When we met with you the first time, we said we
were willing to cooperate in any possible. Since then we presented to Mr.
Bailey, and to the Commission, copies of what the Board of Holy Cross Day -Care
Center, has approved as the process by which, 1) a new Board of Directors, 2)
consumer participation, and included within that, a period of time in which
the participants will have the opportunity to select their own governing body,
advisory per se, in this organization, and then that organization select two
members to the Board of Directors of our center. And we've modified the
number of board centers and required also that information was provided to
you. I hope you read it. I have other copies here today, if you don't. I
think that's the key rather than putting the onus on them to make a decision
about as to what they are going to get from which one. I am afraid, quite
frankly, that it's going to be a personality decision, and that is not the
only issue involved. The issue is the service. As far as the representations
about the employee resigning, we have an employee here, coworker, who will
testify as to what she told her about why she can't work, and what's been her
involvement with the former, Mr. Morales rather, in the past. We have the
Executive Director here. Who will directly respond to your questions about
her credentials. We have the President of the Board who will directly respond
to what inquiries she made in order to get support, or contradiction,
regarding a resume that the Executive Director supplied, and they were all
verified. I don't know where Mr. Thornton got his information. If he will
give it to us and it turns out the Executive Director, excuse me, that she did
lie, we'll take action. But it was followed up upon and we followed up and
got the information. You are free to question them. As far as the
participants here, I told the Board, the first were here, the Commission, and
I told them the last time we were here, and I told them in the work session
that what is happening is the participants are being used as cattle. I have,
in my portfolio, flyers that went out to them to come and support, not a
190 June 11, 1992
program, not the services, but Mr. Morales. It was a decision of the Board of
Directors that that...
Commissioner Dawkins: But what you say, you see, you can't do that to me.
You can't say that what you saw on the flyer to support Mr. Morales says that
Mr. Morales cannot do a good .job. See, so don't do that to me.
Mr. Dernis: I'm sorry.
Commissioner Dawkins: Just say that you have a flyer, and the flyer says this
and so forth. But don't indicate that the flyer, because the people went...
said that support Mr. Vasquez - I don't care who you support - says that he's
going to be a lousy Director.
Mr. Dernis: The point I am making is that the Board of Directors was
concerned about the services they provided and did not want to politicize
anymore than... and hurt the morale of the participants. They did not want
them having to sit there like children in a daycare center, excuse me, in a
divorce matter being asked by the judge, which one will you select. As a
result of our last session, and it was our perception, that a decision was
going to be made last meeting. It was not. There were comments made which
indicated to us that who the participants represent, or want, is going to be
the decision. Despite that we have had a good record of administering the
grant. For the first time, and the only time, the Board decided that it had
to get the participants in here to see who supported them. I make no
representations as to what was said to them. I present to you... the ones
that were here, brought by the Board, have the colored visors on, and I pose
to you, and I am a consultant with them, you want to discuss with any one of
them, why they were here, why they were participating, you are free to do so,
at any time, at any place. If you are interested in discussing with the
Executive Director, or the President, or Mr. Lopez, you are free. I am
through.
Mr. Lopez: May I?
Mayor Suarez: Very good.
Vice Mayor Alonso: I have some questions.
Mayor Suarez: Please.
Vice Mayor Alonso: When was Mr. Morales...
Mayor Suarez: Commissioner, Vice Mayor Alonso.
Vice Mayor Alonso: ...terminated? When was Mr. Morales terminated?
Mr. Thornton: January 24.
Ms. Marrero -Neville: January 24, 19...
Vice Mayor Alonso: January?
Ms. Marrero -Neville: Twenty-four, 1992.
191 June 11, 1992
Vice Mayor Alonso: OK. Until that day, things were working fine...
Mr. Lopez: Fine.
Vice Mayor Alonso: ...at the center.
Mr. Lopez: May I?
Vice Mayor Alonso: Yes.
Mr. Lopez: Commissioner, until that day the Board of Holy Cross, and the
people who had taken over the day-care center three years ago, when they were
In financial problems, and there were things going wrong, have been doing the
job and the center has been operating, but we were not satisfied with Mr.
Morales and that's what, you know... What happened was we had Mrs. Nilsa
Velasquez running the two centers. We used to ask Mr. Morales, there is not
enough funding. There is not enough things going on to make this work. We're
depending only on your monies. So, we ask him, and he used to tell us, well
Nilsa doesn't let me do this. And then we would ask Nilsa and Nilsa would
say, well, he's still doing it. So what the Board decided was to split, under
the same corporation, split the two supervisors. So we made Mr. Morales a
supervisor, or an Executive Director. We told him in six months come up with
some results. He didn't. We gave him three more months. No results. So we
fired him. The Board fired. I wasn't involved with that.
Vice Mayor Alonso: Because he couldn't get the funding that you felt it was
necessary for the center.
Mr. Lopez: Not even... no, no. He couldn't get the funding. He wouldn't not
even write the grants. He would send letters of intent. He told you that he
spoke... wrote 60 grants, and he wrote 60 letters to corporations and that was
it. And we didn't see anything productive on... of what we wanted to be in
the services. Let me tell you. I agree and, you know, and I cannot speak for
the Board, you now. As a representative... and I was involved in creating
the Holy Cross, I mean, the elderly project as well as the Holy Cross Day -Care
Center.
Vice Mayor Alonso: But you were satisfied with his work in relation to the
elderly.
Mr. Lopez: Yes. We were satisfied with what, you know, we were satisfied but
he wasn't doing what we felt he's supposed to do. But let me tell you, I
agree with your Manager, last week, of election... Let me tell you. We're
going to start, and I think what is a bad precedent, for the Commission and
everybody here. Every time, let me, let me, and if that's what you want to-do
I don't think the Board of Directors of Holy Cross have any problem with that.
But let me tell you the precedent that you're going to get into. So listen,
you know. If you allow this to happen, somebody in the other organizations we
have in the City of Miami, should fire an Executive Director, he will do
probably the same... after they see what happened in here, they probably will
go and form another corporation and have the same problem, and every month, or
every time somebody's fired, you go through the same process. I tell you and
I, you know... You should listen to your own staff. Your own staff. Mr.
192 June 11, 1992
Bailey, Mr. Castaneda, Mr. Carrasquillo. You send them to do a study. Their
recommendation was there's nothing wrong with the center. This center has
been operating for 15 years. Holy Cross has been operating for 15 years. And
there was no trouble until we fired... They started twisting... you know,
they are telling us we are doing this thing. They started twisting hands and
doing some things themselves, you know, if you are running a center that is
operating properly, then if you have people inside there coming in and say,
this is wrong, this is wrong, sure you are going to have problems. So I am
telling you...
Commissioner Plummer: Well.
Mr. Lopez: ...I will recommend to you...
Commissioner Plummer: Emilio, you can keep talking...
Mr. Lopez: ...do not establish a precedent. I tell you, go back, follow your
own staff recommendations and then we can deal with any issue that you want.
The issue of Mr. Morales, I feel is an issue that he can take to court, and
discuss it with, you know...
Commissioner Plummer: Mr. Lopez, let me tell you for one, sir, and I want to
tell all of you. We had this problem before. All right?
Mr. Lopez: You've fallen in a trap.
Commissioner Plummer: We've had this problem before. And you know how we
settled it before?
Mr. Lopez: Yes.
Commissioner Plummer: It's about ready... how I am going to settle it this
time.
Mr. Lopez: Give it to somebody else, I now.
Commissioner Plummer: That's right.
Mr. Lopez: That's right. But be sure.
Commissioner Plummer: Because you know what? Let me tell you what. Arguing
back and forth is not helping anybody.
Mr. Lopez: I agree.
Commissioner Plummer: OK. Now, as far as I am concerned, I, for one, am
willing to go to an election of the certified recipients...
Mr. Lopez: Do it.
Commissioner Plummer: ...let the City go in and actually operate the center
and the voting, do the voting and come back here on July the 9th. If not,
then I feel we can only, in fairness, take back the money and try and find
another organization, that we can fund, that's not going to sit around and
193 June 11, 1992
fight. But sit around and serve the public like we've been trying to do.
That's where this vote is. -
Commissioner De Yurre: OK. Let me...
Mayor Suarez: Commissioner Be Yurre.
Commissioner De Yurre: Yes, sir. Let me find out something, cause one thing
I don't like to be is to be taken. All right, I am going to do it 1n Spanish. r=
I want a show of hands. If there is supposed to be 115 members...
Mr. Thornton: Active participants.
Commissioner Be Yurre: ...active, of that center, I want a show of hands as
to who they are. OK. DE LOS 115 QUE VAN CON REGULARIDAD A COMER, A ALMORZAR,
EN EL CENTRO, YO QUIERO QUE LEVANTEN LA MANO EN ESTE MOMENTO,... Y ESTO VA A
SER BAJO JURAMENTO.
Vice Mayor Alonso: BAJO JURAMENTO, PARA...
Commissioner Be Yurre: EL QUE NO VAYA CON REGULARIDAD... ESTAMOS BAJO
JURAMENTO... ESTAN JURANDO DE QUE USTEDES VAN CON REGULARIDAD, QUE LEVANTEN
LA MANO. Y AQUI ESTA LA PERSONA QUE VA A IDENTIFICARLOS. OK? Now... BAJEN
LAS MANOS. Joyce, OK. Sit down. SIENTENSE. OK. I am going to ask Mr.
Mayor, Joyce Nunez, who has been working at the center for 12 years, and knows
the 115 people, just how many are actually here.
Ms. Joyce Nunez: I would say that there are probably about sixty or seventy
clients here right now, that are actually, out of the 115 that receive
meals...
Commissioner Be Yurre: About 60...
Ms. Nunez: ...and they are for De Hostos. They actually come to Be Hostos.
_ Commissioner Be Yurre: OK. And of those, I am going to ask how many are with
what side. Because I don't want this place to be filled with people that have
nothing to do with this issue. Just to fill up space and create a... -
Ms. Nunez: There are some elderlies here that are not visiting the center
right now.
Commissioner Be Yurre: That are not part of the center. And where are they
seated? From where you saw...
Ms. Nunez: Over in this area.
Commissioner Be Yurre: Over in this section here. That are not part of the
center.
Mr. Dernis: May I ask that she identify them and ask them.
Commissioner Plumper: Well, wait a minute. That's, you know, other than for
his benefit... OK.
=� 194 June 11, 1992
0
Commissioner De Yurre: Other than for my benefit, but all I know is that the
group that is vying to bring Morales back, all of them are part of the center.
Commissioner Plummer: This is not my brand.
Commissioner De Yurre: And of the other side we see that only a portion...
Commissioner Plummer: I smoke menthol.
Commissioner De Yurre: ...are part of the center that are on the other side.
So it leads me to think that they have loaded up this place, to make us
believe, that these are people who are concerned with the issue, and they may
not even know what they are here for.
Mr. Thornton: That's exactly true.
Commissioner De Yurre: OK. They may not know what they are here for, and
that, then that disturbs me to the point that I am almost ready to make a
motion to give it back to where Morales is, and everybody else, and that's
where I am leaning to right now this minute.
Mr. Lopez: They are participants. Tell them to get up.
Commissioner Plummer: Mr. Mayor, I am ready to make a motion.
Mayor Suarez: All right.
Commissioner Plummer: I move, at this time, that the City be instructed to
proceed in and operate this daycare center until July the 9th.
Simultaneously, the City put on an election among those who they have been
able to ascertain are the recipients, and to come back to this Commission...
Mayor Suarez: As of a particular date please. Let's not have an...
Commissioner Dawkins: Under discussion. Monday morning. There's no sense in
letting these people be harassed and brow beaten...
Commissioner Plummer: All right.
Commissioner Dawkins: ...while anybody...
Commissioner Plummer: Monday, Monday.
- Commissioner Dawkins: ...If you don't have the election tomorrow morning,
have it Monday morning.
Commissioner Plummer: Monday morning.
Mayor Suarez: No, no. I meant to as to the register that was already in
place.
Commissioner Plummer: Monday morning is fine.
- 195 June 11, 1992
Mayor Suarez: We don't want to create a new register please.
Commissioner Plummer: No. Established register by...
Mr. Dernis: As of this date.
Commissioner Plummer: ...who I am told, the little girl here knows who is the
established register and who it is not.
Mayor Suarez: All right.
Commissioner Plummer: And barring that, that if we cannot make a reasonable
determination, that the City immediately instigate action to look for a third
party to operate the center for the benefit of the recipients. I so move.
Mayor Suarez: So moved. Seconded.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: After the vote what?
Commissioner Plummer: After the vote, sir, the City would continue to operate
the center until July the 9th. Until this Commission makes its determination.
Commissioner Dawkins: What will determine what our determination is?
Commissioner Plummer: Well, sir, we will then have the results of the vote,
and we will have the opportunity of the City's benefit of those people who
have been there from today forward... tomorrow forward, and give us their
recommendations, and with our intelligence we will make the decision.
Commissioner Dawkins: And that decision would be to fund a new...
Commissioner Plummer: To what is best for...
Commissioner Dawkins: ...group.
Commissioner Plummer: No, sir. That's not what I said.
Commissioner Dawkins: No, see? I told you under discussion.
Commissioner Plummer: What I said was we would then make a determination if
what we thought is best for the recipients of this, barring not able to do
that, we would then go to a third operator, independent, to ask them to go in
and take over for the recipients.
Commissioner Dawkins: OK. No further discussion.
Mr. Thornton: May I ask what the ballot is going to read?
Commissioner Plummer: Sir, that will be determined by the City.
J
196 June 11, 1992
1
Mr. Thornton: Is it going to be for the new corporation or the old one? OK.
Commissioner Plummer: That will be determined by the City. I don't want you
to have input. I don't want them to have input. I want just the people
there, to have a fair vote, and tell this Commission, who is sitting here
trying to do the right thing with a hundred and ninety-four thousand dollars
($194,000.00), what is best for them. OK. There's a lot of people who would
like to have your $194,000.00. They're not getting it.
Mr. Dernis: I have a question.
City Manager Odio: When do you think we should have the election,
Commissioner?
Commissioner Plummer: I go along with Miller. Have the election on Monday if
it's humanly possible.
City Manager Odio: On this Monday?
Commissioner Dawkins: Monday morning.
Commissioner Plummer: Yes. As quickly as possible.
City Manager Odio: OK.
Mr. Dernis: There are recipients of services that do not receive...
Commissioner Plummer: Sir, I said that this little girl. What's her name?
Julie.
Mr. Thornton: Joyce.
Commissioner Plummer: Joyce Nunez. That she will be the determining factor,
sir. She works for us. And if I find her not to be independent, or if I find
her to be biased, I can deal with her in a paycheck.
Mr. Dernis: I am only... I am going to give you some information that might
help you make your decision even clearer. There are recipients of services
who are not there for meals. They do not receive meals but they participate
in other services. They are not all necessarily there at the same time on a
given day. Are they to be included also?
Commissioner Plummer: Mr. Manager,...
City Manager Odio: If... Wait, wait, excuse me I can't...
Commissioner Plummer: Mr. Manager.
Commissioner De Yurre: We have a list.
City Manager Odio: I was told there's 115 participants.
Commissioner Plummer: That's what I heard. One hundred and fifteen.
ZI 197 June 11, 1992
00.
_ City Manager Odio: No. There cannot be now a hundred and fifty.
Mr. Dernis: But they're not all there at the same time.
Commissioner De Yurre: They will be...
City Manager Odio: Fine, but if they are registered.
Commissioner De Yurre: ...election day.
City Manager Odio: Their names have to be registered. Don't they?
Ms. Marrero -Neville: A hundred and fifteen are the ones that get the meals.
City Manager Odio: Well, what?
Mr. Dernis: A hundred and fifteen receive meals.
Ms. Marrero -Neville: A hundred and fifteen...
Commissioner Dawkins: You know, you know what? This gets more complicated,
Mr. Mayor, now it's another wrinkle thrown in. First we came here that the
people were not receiving the meals and the service. That was one wrinkle.
Now, another wrinkle has been thrown in. Don't be concerned about those.
There are individuals who come there just to play cards and checkers. Let's
be concerned about those. So now where are we?
Commissioner De Yurre: Mr. Mayor, I make a motion...
Mayor Suarez: We have not questioned either side right now. The Commission
is deliberating...
Commissioner Plummer: Well, would you like from the maker of the motion..?
Mayor Suarez: Please.
Commissioner Plummer: My intent is those people who are registered as
participants at that program.
Commissioner Dawkins: That's all... Regardless of what they participate in.
Commissioner Plummer: They are a part and parcel of that program. They
should be considered is the way I feel.
Mayor Suarez: All right. The election to take...
Ms. Nunez: They are very... Commissioner, they are a very small portion.
Basically, what they are, are participants that receive home delivered meals.
And what happens is usually a participant that comes to the center will take
the meal to that participant.
Commissioner Plu-t,zner: And usually how many, Joyce, is it beyond the 115?
Ms. Nunez: They're not... Beyond the 115 I would say about 8 clients.
r
198 June 11, 1992
Commissioner Plummer: Eight?
Ms. Nunez: Yes.
Commissioner Plummer: So we're looking...
Ms. Nunez: There are not many.
Commissioner Plummer: ...at the maximum 125 votes.
Ms. Nunez: Exactly.
Mayor Suarez: Roughly. All right. Commissioner De Yurre was inquiring... I
do want to say on the issue of the vote, that we don't necessarily restrict it
to one day. If there's any doubt that that's not enough time for some people
to be able to get there, Mr. Manager, so as far as I am concerned that's up to
your discretion.
Commissioner Plummer: Excuse me.
Mayor Suarez: If you want to make it a two day period that's...
Commissioner Plummer: Let me. Let me, Mr. Mayor, if I may...
Commissioner De Yurre: Election day is one day, Mr. Mayor. Either we go to
vote or we don't.
Commissioner Plummer: That's it.
Mayor Suarez: All right. You want to restrict it to one day, folks?
Commissioner Plummer: I think you can do it in one day, yes sir, but...
Mayor Suarez: Fine. That's fine. There are some elderly that might not be
able to make it, and you know.
Commissioner Plummer: ...Mr. Manager, I think it is only right that once that
vote is taken, that it be sealed, sealed until it is brought to this City
Commission for tabulation. That way we won't have one side fighting with the
other one, after the vote is taken. So seal the ballot. Bring it to this
Commission the day... open it up the day of the Commission meeting.
Mayor Suarez: All right, um...
Vice Mayor Alonso: So let's understand this. We are going to have an
election. Only the people that are registered now will be able to
participate...
Commissioner Plummer: In the election.
Vice Mayor Alonso: ...in the election.
Commissioner Plummer: Right. Recipients.
199 June 11, 1992
Vice Mayor Alonso:
this Commission...
Awl -
And then the result of this election will come back to
Commissioner Plummer: July the 9th.
Vice Mayor Alonso: ...for final determination.
Commissioner Plummer: July the 9th. Yes.
Vice Mayor Alonso: July the 9th.
Commissioner Plummer: With the election...
Vice Mayor Alonso: And I believe...
Commissioner Plummer: ...being held on Monday the 15th.
Vice Mayor Alonso: ...both sides are on agreement. Because I seen them...
City Manager Odio: I want to ask the City Clerk to be the...
Ms. Marrero -Neville: Yeah. We agree. I would like, if it is possible,
Commissioner, for you to translate into Spanish...
Vice Mayor Alonso: Sure.
Ms. Marrero -Neville: ...so they will understand.
Vice Mayor Alonso: Yes.
Ms. Marrero -Neville: Thank you.
Vice Mayor Alonso: LO QUE HEMOS DICHO ES QUE SE VAN A HACER UNAS ELECCIONES,
QUE VAN A PARTICIPAR SOLAMENTE LAS PERSONAS QUE VAN AL CENTRO AHORA Y QUE
ESTAN INSCRITAS. EL RESULTADO DE ESA ELECCION VA A SER SELLADO. VA A SER
SUPERVISADA POR LA CIUDAD DE MIAMI. VA A REGRESAR A NOSOTROS Y LA DECISION
FINAL SE VA A TOMAR EN LAS BASES DE LA DECISION DE USTEDES, LOS QUE VAN AL
CENTRO.
Unidentified Speaker: SE PUEDE HACER UNA PREGUNTA?
y Mayor Suarez: All right. Yes, sir, but come up to the mike please. So that
we have for once someone who's not an interested party but a recipient
presumably.
Commissioner Plummer: Well, excuse me, absentee ballots I would assume only
in those cases of the eight, the eight that are, in fact, are home -bound.
Mr. Pedro Ramirez: PUEDO HACER UNA PREGUNTA?
TRANSLATION: I am going to ask a question.
Mayor Suarez: Go ahead. Are you going to translate for him, Luis?
200 June 11, 1992
Mr. Ramirez: MI NOMBRE ES PEDRO RAMIREZ
TRANSLATION: His name is Mr. Pedro Ramirez.
Mr. Lopez: Register immediately.
Mayor Suarez: Please, Emilio, pleasel
Mr. Ramirez: LA 12 AVENIDA Y LA 31 CALLE.
Vice Mayor Alonso: Can we skip the address because we have problems with it.
Mayor Suarez: Luis, please. Come on. We got to get on with this.
Mr. Luis Carrasquillo: All right. He lives at 12th Avenue and 31st Street,
northwest.
Vice Mayor Alonso: OK. That's good enough.
Mr. Pedro Ramirez: YA PUEDO HABLAR?
Mr. Carrasqu111o: PERO DESPACIO PARA YO PODER TRADUCIR.
Mr. Ramirez: CON EL PERMISO DE USTEDES. PRIMERA VEZ QUE ME PARO EN UNA
TRIBUNA Y VINE POR EL MARIEL, NO SE ME PUEDE HACER ASI. SIEMPRE ESTOY
CORRECTO EN LA LISTA. LO UNICO QUE QUIERO ES QUE CUANDO HAGAN UNA ELECCION,
HAGAN UNAS ELECCIONES MORALES, PERO QUE NO HAGAN UNAS ELECCIONES QUE ME METAN
LA GENTE DE ALLAPATTAH EN LA MISMA LISTA. ES LO UNICO QUE DIGO. Y MUCHAS
GRACIAS A TODA LA COMISION.
TRANSLATION: With your permission. This is the first time I ever got up in
front of a microphone. And I came through Mariel so nobody can point a finger
at me. He's always in a line that is a correct line. The only thing we wants
is when you have an election, to do a moral election. But do [sic] an
election when you bring people from Allapattah to vote in this election.
That's all he wants. Thank you.
Mayor Suarez: All right. Let's go. Folks, Commissioners, we've got a motion
and a second. I don't want, at this point, any interruptions, anyone taking
the mike, not lawyers, not you ma'am. Thank you. Now, any further discussion
from this Commission.
Commissioner De Yurre: When is the election going to take place, Monday?
Commissioner Plummer: I said Monday.
Commissioner De Yurre: Monday. OK. Because I don't want them to start
harassing the people. It will take... The election will take place at the
center.
City Manager Odio: The staff was asking if it's possible to do it on next
—" Thursday, a week from today. To have time to really do it right I want the
City Clerk...
Commissioner De Yurre: Guys. Guys. You got the weekend. Work over the
weekend.
201 June 11, 1992
_Q
Ask
Mr. Castaneda: OK.
City Manager Odio: OK. That's it.
Mr. Castaneda: Monday.
Commissioner De Yurre: Monday i s it. I don't want them to go through any
more aggravation.
City Manager Odio: We just wanted to make sure everybody was notified that
there was an election.
Commissioner De Yurre: OK. Well.
City Manager Odio: OK.
Mayor Suarez: All right.
Commissioner Dawkins: Do they get meals tomorrow? At the center.
Mr. Castaneda: Yes.
Vice Mayor Alonso: Yes.
Commissioner Dawkins: Do they get meals Sunday?
Commissioner De Yurre: No. But tomorrow they will.
Mr. Castaneda: To take home.
Commissioner Dawkins: Huh?
Mr. Castaneda: To take home.
Commissioner Dawkins: All right. So when they come for the meals, they can't
be notified?
City Manager Odio: We'll do it on Monday.
Mr. Dernis: But not everybody comes every day.
Mayor Suarez: All right. We're ready to vote. I am going to make an
exception to the rule, just enunciated. Ma'am, you've won some things today I
think, yes. What is your first name?
Ms. Marrero -Neville: My name?
Mayor Suarez: Yes.
Ms. Marrero -Neville: Maggie Marrero -Neville.
Mayor Suarez: OK. Maggie, you've won some things today. Now, since I let
one person who presumably was of the not hat wearing ones, a citizen. Now,
202 June 11, 1992
U
how about one hat wearing person. And you seem to have a monopoly on the mike
and that's very effective but,... This lady, yes. SU NOMBRE and what you
want to tell us.
Ms. Caridad Fernandez: MI NOMBRE ES CARIDAD FERNANDEZ. VIVO EN EL 92 N.W. 32
STREET POR 21 ANOS. ME SIENTO MUY ORGULLOSA DE ESTAR EN ESTA PAIS, Y
AGRADECIDA. LE PIDO CON TODD MI CORAZON A LOS COMISIONADOS, HONORABLE ALCALDE
DE LA CIUDAD, A TODOS, QUE REINE LA JUSTICIA Y LA BONDAD EN AQUEL LUGAR DONDE
ME ENCUENTRO YENDO EN AQUEL LUGAR UN AND. ALLI YO NUNCA HE VISTO NINGUNA
PERSONA QUE HA TRATADO MAL A OTRA. ESA ES LA VERDAD Y LA JUSTICIA QUE YO
ESTOY HABLANDO. PIDO QUE TENGAN TODA LA SERENIDAD PARA PODER JUZGAR LA VERDAD
DE LO QUE ESTA SUCEDIENDO ALLI. YO SOY UNA CIUDADANA QUE NADIE ME HA PODIDO
MANIPULAR PORQUE YO ESTOY VIENDO ALLI LA VERDAD Y LA JUSTICIA Y ALLI A NADIE
SE LE HA NEGADO LA ENTRADA NI NADIE HA SIDO MALTRATADO. ESTAS TRABAJADORAS
SOCIALES DESDE QUE YO LLEGO ALLI SIEMPRE... QUE AUNQUE USTEDES ME VEN AQUI
TODAVIA JOVEN Y TODO, COMO DESGRACIADAMENTE NO TENGO EL IDIOMA DE ESTE GRAN
PAIS, HE SUFRIDO BASTANTE...
TRANSLATION: My name is Caridad Fernandez. She lives 92nd N.W. 32nd Street,
21 years. She's very proud of being in this country and very grateful. I ask
you with all my heart to the Mayor and the Commissioners, all of you, that we
have to have justice and the truth in that place. She's been going there for
one year. She has never seen any people that have treated anybody bad. All
she's asking for to have serenity to be able to judge the truth of what's
happening there. She's a citizen that nobody has been able to manipulate
because she's seen the truth and justice, and nobody has been denied of
entrance or any... These social workers since she arrived there...
City Manager Odio: I can't translate it that fast.
Ms. Fernandez: ...Y ALLI HE LLEGADO A ESE LUGAR, DONDE CADA VEZ QUE LLEGO,
RESPONDEN A CUALQUIER NECESIDAD MIA QUE YO TENGA QUE NO SEA MI IDIOMA. NADIE
PUEDE DECIR QUE HA SIDO MALTRATADA POR NINGUNA. LOS QUE LO DICEN, SABEN QUE
ES INJUSTO, Y SUPONGO QUE TENDRAN UN SENTIMIENTO BIEN INNOBLE PARA DECIR UNA
MENTIRA Y UNA INJUSTICIA TAN GRANDE. MUCHAS GRACIAS.
TRANSLATION: She has arrived to that place and every time she gets there,
they respond any necessity that she may have. So even though he's not buying
that. Nobody can say they've been mistreated there. Whoever's saying that
knows that that's not right. I suppose that they have a very ennoble
sentiment if they are saying that. Thank you. Bye bye.
Commissioner Plummer: I call the question.
Mayor Suarez: Thank you. We're going to vote on this matter. Call the roll
on the motion, please.
Commissioner Dawkins: OK. No, no, no.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: What is the motion?
Mayor Suarez: The motion is that an election will be held of people
previously on the register as being served by the center, and it will be held,
I believe, what is the latest, on Monday.
203 June 11, 1992
Ask
City Manager Odio: Monday.
Commissioner De Yurre: At the center.
City Manager Odio: At the center.
Mayor Suarez: Right. Only those who were served at their homes, which I
believe is no more than 8 people, will be able to vote at home. And then...
Vice Mayor Alonso: The result...
Mayor Suarez: The result will be brought to this Commission for final action.
Commissioner Dawkins: And when the results is brought to this Commission,
what is this Commission expected to do?
Commissioner Plummer: To look at the results and make a decision.
Commissioner Dawkins: Make a decision to do what?
Commissioner Plummer: To award it to one or the other or a third party.
Commissioner Dawkins: And that will strictly be...
Commissioner Plummer: Solely this Commission's decision.
Commissioner Dawkins: This decision of this Commission?
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: No more listening to anything from anybody. Just look
at the results and vote.
Commissioner Plummer: That's it.
Commissioner Dawkins: No further questions.
Vice Mayor Alonso:
Mayor Suarez: No.
OK. Mayor, may I...
That's it. That's it.
Mr. Dernis: Question.
Mayor Suarez: Only the Commission.
Vice Mayor Alonso: Mayor, they are asking...
Mayor Suarez: This debate is closed from the public.
Vice Mayor Alonso: ...that we translate again.
Mayor Suarez: Vice Mayor Alonso. Go ahead.
204
June 11, 1992
i
Oak
Vice Mayor Alonso: SOLAMENTE LO QUE ESTAMOS REPITIENDO ES EXACTAMENTE LO
MISMO, LO QUE VAMOS A RACER, QUE VAN A SER UNAS ELECCIONES QUE USTEDES DECIDAN
CON SU VOTO, LAS PERSONAS QUE ESTAN INSCRITAS, Y SIMPLEMENTE SE HA REPETIDO LO
MISMO. EL RESULTADO DE LA ELECCION REGRESA A ESTA COMISION Y EN LA BASE DE
ESQ, SE TOMA LA DECISION FINAL.
Mayor Suarez: OK.
Commissioner Dawkins: OK. But, see, I am confused. See. I want to make
sure that whatever the results is, whatever decision we make up here is final.
Because the results of... may say one thing and this Commission may vote
another. Is that possible?
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: Thank you.
Mayor Suarez: All right. Call the roll on the motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-394
A MOTION DIRECTING ADMINISTRATION TO HOLD AN ELECTION
AMONGST ALL REGISTERED RECIPIENTS OF SERVICES AT THE
CENTER IN ORDER TO SELECT THE GROUP WHICH WILL
ULTIMATELY MANAGE/OPERATE THE CENTER; FURTHER
DIRECTING THE ADMINISTRATION TO OPERATE THE CENTER
UNTIL THE JULY 9TH CITY COMMISSION MEETING, AT WHICH
TIME THE CITY COMMISSION WILL ANNOUNCE THE ELECTION
RESULTS AND TAKE FINAL ACTION ON THIS ISSUE; AND
FURTHER STIPULATING THAT FAILING A PEACEFUL AND
REASONABLE AGREEMENT OF ALL THOSE CONCERNED, THE CITY
COMMISSION WILL CONSIDER TOTAL WITHDRAWAL OF FUNDING
PRESENTLY IN PLACE AND WOULD ATTEMPT TO FIND A THIRD
ORGANIZATION WHICH WOULD TRULY SERVE THE NEEDS OF THE
ELDERLY.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: We're going to go on. GRACIAS A TODOS. AHORA TENGAN UN BUEN
FIN DE SEMANA. All right.
205 June 11, 1992
Commissioner Plummer: NO MAS.
Vice Mayor Alonso: GRACIAS.
Mayor Suarez: POR FAVOR, VAYAN SALIENDO.
Vice Mayor Alonso: QUIERE DECIR ALGO?
Commissioner Dawkins: We didn't accomplish nothing. You know that, don't
you.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Vice Mayor Alonso: COMO ESTA USTED? NO, NADA MAS LOS QUE ESTAN INSCRITOS.
TODO SE VA A HACER MUY LEGAL Y ES LA DECISION DE USTEDES. TODO EL MUNDO QUE
ESTA INSCRITO TIENE DERECHO.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Suarez: YA VAMOS A HACER LA ELECCION. LA VAMOS A HACER JUSTA SI DIOS
QUIERE.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Suarez: All right. Get organized, please.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Suarez: OK, Bill Morales, please, your contingent, sir, we love having
you. We enjoyed the discussion. Now, if you could... Thank you. There we
go. You could help us better than anyone else. They are all brought here
probably because you told them to be here, so now maybe you can get them to
step out. Please. Do we have any City staff by any chance, any police
officers, anyone whatsoever that might conceivably want to help us to
establish order here? And Ivan the Terrible, would you get him out of here
too?
Commissioner Plummer: They are not going to go out there. They might get
hurt.
Mayor Suarez: Luis, as the newly designated NET person, can you kind of ease
them out? A gentle push every once in a while helps. Thank you.
Commissioner Dawkins: Boy, there's the northeast section well represented.
Mayor Suarez: There you go.
Commissioner Dawkins: There we are.
Mayor Suarez: We have always said it's unfair to bring the kids but then, of
course, we can't keep them out of here so...
Commissioner Plummer: Where are we..?
i
206 June 11, 1992
Vice Mayor Alonso: We took some actions this morning that might be conducive
to good business in the afternoon as well.
Mayor Suarez: There we go. All right.
Commissioner Plummer: Where are we?
--------------------------------- ---------------------------- -----------------
30. DISCUSS AND CONTINUE (TO JULY 9TH MEETING) CONSIDERATION OF PROPOSED
RESOLUTION AUTHORIZING SUBMITTAL OF AMENDMENT TO APPROVED 18TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL STATEMENT TO U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TO REFLECT
REALLOCATION OF FUNDS ORIGINALLY APPROVED TO MIAMI-DADE COMMUNITY
COLLEGE, ETC.
------------------------------------------------------------------------------
Commissioner Dawkins: I would like to move 32.
Mayor Suarez: The... I... Commissioner Dawkins wanted to move 32, presumably
a noncontroversial one is that it?
Commissioner Plummer: Tell Dawkins to go home.
Commissioner Dawkins: It is controversial.
Vice Mayor Alonso: Wait a second. Yes.
Mayor Suarez: Well, sir, then I think then it is incumbent to go back and
finish up the business from the morning. We did tell them to come back at
four.
Commissioner Dawkins: Go right ahead, sir. Go right ahead, Mr. Mayor.
Mayor Suarez: You sure 32 can't be done quickly?
Commissioner Dawkins: I don't know.
Commissioner Plummer: Well, wait a minute now. Come on. If a Commissioner
asks for that I think we should at least discuss it.
Mayor Suarez: The other Commissioner just asked for the item to be taken up
from the morning, and that's why I am trying to be fair about it now. If 32
can be done quickly, fine. If not, let's conclude the item we have from the
morning.
Commissioner Plummer: Well let's... Well, what is the...
Mayor Suarez: Unless somebody's got some pressing reason why. They have got
a sickness or something that have to leave, that's the rule we go by.
Commissioner Plummer: Is there an objection to item 32 being considered?
207 June 11, 1992
Mayor Suarez: If it's that important to you, sir, let us take up...
Commissioner Plummer: Not me.
Mayor Suarez: ...item 32.
Commissioner Plummer: Not me.
Mayor Suarez: Please, let's just go on. Lets not argue about which item.
Item 32 is now called. What is item 32, and what should we do on it, and who
wants to argue about it?
City Manager Odio: That's the monies from the Miami Dade Community College.
Commissioner Dawkins: What is the recommendation of the Administration?
That's all I need to know.
Mr. Castaneda: Commissioners, the... One million dollars was allocated by
the City Commission contingent on it being matched by County and Community
Development funds. That money was not matched by Metropolitan Dade County,
and we are bring back, that issue. Our real recommendation was that that
million dollars should be allocated to housing.
Commissioner Dawkins: What is your original... Do you stick to your
original...
Mr. Castaneda: Yes.
City Manager Odio: Yes.
Commissioner Dawkins: OK. That's all.
City Manager Odio: We recommend that eight hundred and ninety-five thousand
dollars be reallocated to the housing agency, and, let's see, the two hundred
and twenty-nine thousand two hundred for grant administrations, and one
hundred and seventy-five for the City... In other words, we put it back in
the housing agency.
Commissioner Plummer: This has nothing to do with social programs.
City Manager Odio: No, sir.
Commissioner Plummer: So all of your social programs...
City Manager Odio: Sit down.
Commissioner Plummer: ...sit down. Your social programs. Oh, you are in
this?
Mayor Suarez: The basic trade off is...
Vice Mayor Alonso: No, no, no. This is only for...
208 June 11, 1992
Mayor Suarez: ...between the City Housing Department and Miami Dade Community
College as the initial recipient of the motion. Is there any other person
that could have or entity that would have a claim to this money, Frank? Help
us, please. Other than Miami Dade Community College and the City of Miami's
own housing efforts.
Mr. Castaneda: Anybody could have a claim to it.
Commissioner Plummer: Of course.
Mr. Castaneda: Except a public service agency.
Vice Mayor Alonso: But first we have to make a decision that we are not going
to award the money to Miami Dade Community College...
Mr. Castaneda: To Miami Dade Community College. That 1s correct.
Vice Mayor Alonso: ...because they did not get the matching funds, therefore,
it goes to housing.
Mr. Castaneda: That is correct.
Commissioner Plummer: Well, no. Therefore it's back in open for
reallocation.
Mayor Suarez: And of the housing ones are you...?
Commissioner Plummer: Not necessarily anyplace, but to reallocation.
Mayor Suarez: And of those, are there any known applicants for those funds
that would be here today?
Vice Mayor Alonso: Not necessarily.
Mr. Castaneda: Well, I understand some people want it to be allocated to
housing to their particular projects, and some of those people are here.
Mayor Suarez: There are some of those here?
Mr. Castaneda: Yes.
Mayor Suarez: Can you identify them? Do you know which ones they are?
Mr. Castaneda: I know that Godoy has come to my office and he...
Mayor Suarez: On behalf of what agency?
Mr. Castaneda: Model Housing Coop.
Mayor Suarez: OK. Any others.
Mr. Castaneda: Not to my knowledge.
Commissioner Plummer: Yes. I can tell you...
209
June 11, 1992
Mayor Suarez: Cabezas?
Commissioner Plummer: No. Orlando Urra.
Mayor Suarez: ABDA (Allapattah Business Development Association)?
Commissioner Plummer: Urra needs it for the monies for the day-care center.
Mayor Suarez: OK. That is an application that we are aware of, and that
would come from those sources, and would properly...
Mr. Castaneda: Well, as long as it's not public service, you can use it for
any purpose.
Commissioner Plummer: No, no, no, no. Orlando has recalled... What was it?
Something like sixty, seventy, eighty thousand dollars worth of work that's
got to be done over there. Ah, ah, ah, ah! Mr. Manager, you can skin a cat a
different way.
Commissioner Dawkins: Before we do anything, Mr. Mayor, can I find out.
Vice Mayor Alonso: We gave them already sixty-five thousand dollars.
Mayor Suarez: Wait, wait, wait, wait. Please, please, please. We can't have
everybody talking at the same time.
Commissioner Dawkins: Can I find out if you are going to take the money or if
you are not. I mean, I need to know what I am discussing. If you are going
to take the million dollars back, then it's time to discuss where you are
going to put it.
Mayor Suarez: All right.
Commissioner Dawkins: If you are not going to take it back there's no sense
to discuss where you are going to put it. So now let's...
Vice Mayor Alonso: Exactly.
Commissioner Dawkins: So now let's... That's what I am trying... That's all
I need to know.
Vice Mayor Alonso: So one step at a time.
Mayor Suarez: All right. And I wanted to know, and I asked, what other
recipients were out there, or potential recipients, so we would know who was
contesting for that money at this point. All right. We have presumably have
identified them. Everybody sit down. Unless you are recognized to speak.
Everybody have a seat. We are going to have some order in this Commission
this afternoon. Thank you.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes.
210 June 11, 1992
EL
Commissioner Plummer: I think it's appropriate that money was allocated
for... Excuse me, Eduardo, when I called you Edward I was corrected this
morning. I think we ought to hear from him, very briefly, again, what that
money was to be used for in behalf of the community college.
Mayor Suarez: Lets begin with that. Dr. Padron, please. You were called
Edward this morning now you are back to Eduardo.
Commissioner Plummer: And I was... I was dressed down...
City Manager Odio: May I, may I, may I...
Commissioner Plummer: ...for calling...
Mayor Suarez: Commissioner, I mean Mr. Manager wants to make a clarification.
City Manager Odio: If we take back the million, twenty percent (20%) should
be set aside for administration purposes.
Mr. Castaneda: Of the housing programs.
City Manager Odio: Of the housing programs. Please. It's very important
especially...
= Mayor Suarez: If we take it back. Meaning if we don't give it to Miami Dade
Community College as previously...
City Manager Odio: That's right.
Mayor Suarez: All right. Doctor.
Dr. Eduardo Padron: Mr. Mayor, Honorable Commissioners, Eduardo Padron, 2004
Zor S.W. 7th Avenue, City of Miami.
Commissioner Plummer: Remember, I said briefly.
Dr. Padron: Well over three years ago I came here, before you, and proposed
that we enter a partnership to help the downtown target area get rid of those
blighted areas and allow the community college to be a partner with you in
=! helping the revitalization of the area, and the development of the area. Your
Community Development Advisory Board unanimously support that effort, and that
— recommendation, and we agree on a three year proposal that we will be coming
—` to you to get a certain amount of funds to help leverage some state funds and
college funds to do that. The first year you gave us a hundred thousand
dollars. The second year you gave us eight hundred and fifty thousand
—" dollars, and the third year, again, under the recommendation of your Advisory
Board you gave us a million dollars to complete that commitment, and your
— share of that partnership. At the same time that you recommended the million
dollars, you saw fit to make a condition to the County matching the funds. We
went before the County and we were not successful in getting matching,
however, we got the commitment from that Commission, especially one
Commissioner that was assigned to it, to get us, perhaps, even twice that
amount from some other sources due to some program that they are trying to
211 June 11, 1992
develop in conjunction in that area, and we are very optimistic that we are
going to end up getting that money. As a matter of fact, we are to appear
before a committee on the 16th where the staff is recommending that the County
comes in as a partner, even though the phones are not going to come from CD
(Community Development). My point to you is that this is not something that
happened yesterday. This is something that is part of a commitment, and part
of the partnership that we have entered over three years ago with the CD.
That money is essential if we are going to do the kind of things that we agree
were important, which is to continue the development of that area, at the same
time that we continue to expand opportunities for the students of this
community, especially from the City of Miami, where the majority of our
students, sixty percent (60%) of them qualify for need base so they are poor,
and over eighty percent (80%) of them being minorities. And this monies is
essential to leverage and to complete the package that we are trying to
develop to get that area totally revitalized.
Commissioner Plummer: Is there still a possibility, doctor, that you have a
shot of getting some matching money from the County?
Dr. Padron: Yes, sir. The answer is yes. As a matter of fact, as I said, on
the 16th we are scheduled to go before the Commission...
Commissioner Plummer: Sixteenth of what?
Dr. Padron: The 16th of this month. And the staff has already recommended
that we get that support, so it's a matter of going...
Commissioner Plummer: How much?
Dr. Padron: Well, they are going to do it in two installments. I think the
first installment is two hundred thousand dollars, and the rest will come
based on... I don't know how it works with the County, but because of where
the funds are coming, it will come in two different installments, but the
idea...
Commissioner Plummer: How much is the second sum?
Dr. Padron: The idea is to, basically, match the money that the City has
given us because in our presentation to them we divided the money equally, so
all the money will not have to come from the City.
Commissioner Plummer: Mr. Mayor, I would move at this time, sir, that we hold
off until July 9th to make a decision on that money, giving the junior college
the opportunity, which is one of the jewels of our downtown, the opportunity
to get a two million dollar grant rather than one, which was my original
inception, and, hopefully, we wouldn't have to make Metro Dade County the bad
guys that they really are by denying you that million dollars that you could
get from the City as well, and I would move, at this time, that we do not make
a decision on that money until the County has had the opportunity to act on
the 16th of June. I would so move.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
212 June 11, 1992
Mayor Suarez: Second.
Commissioner De Yurre: Second for discussion.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: Eduardo, you...
Commissioner Plummer: It's Edward.
Commissioner De Yurre: It's all right. It's Miama for you too.
Commissioner Plummer: You bet your hippie. You bet your bippie.
Commissioner De Yurre: You received a hundred thousand plus eight hundred and
fifty thousand from the City. What has been done with that money?
Dr. Padron: We have used every penny of it. We have bought parcels and old
buildings in that whole area that were in conditions that were such that were
causing real problems downtown because peddlers and vagrants have taken over
those buildings, as a matter of fact, still we have the situation downtown
whereby people who are trying to after... You know, it gets dark in that area
it's really dangerous. Especially women after they park and try to get out of
their car. They are attacked and they are... There are all kinds of things
going on.
Commissioner De Yurre: What have you done with that property? Has it been
razed?
Dr. Padron: Yeah.
Commissioner De Yurre: Do you have parking lots there? What are you doing?
Dr. Padron: They have been razed, and they are used as parking right now, and
we hope to start construction... Kathy? (INAUDIBLE RESPONSE) in July to
break ground to start the construction of that whole master plan.
Commissioner De Yurre: The million dollars that you are seeking from us here,
what would that be used for?
Dr. Padron: To complete the acquisition of the land in that area.
Commissioner De Yurre: What's left to be purchased?
Dr. Padron: Basically, we have about two million dollars worth of land that
is left for us to acquire.
Commissioner De Yurre: OK.
Dr. Padron: A little bit over two million.
Commissioner De Yurre: Do you need that land, which has not been acquired
yet, to begin the development?
213 June 11, 1992
Dr. Padron: We don't need the money to begin the development. We need the
money to complete the development. It's part of the master plan.
Commissioner De Yurre: But do you need to acquire the land, that has not been
acquired yet, before you develop what you are going to do, or is this like in
modules, are you doing it in phases, what is the procedure?
Dr. Padron: Well, if we had the land today our plan would be...
Commissioner De Yurre: If you didn't have the land today. Let's deal with
reality. You don't have the land today.
Dr. Padron: If we don't have the land today we have to modify our plans, in
such a way, that we have to deal with whatever we have.
Commissioner De Yurre: And if you don't get the additional monies, the other
million dollars, which, obviously, you don't have, and probably - who knows? -
won't get, what happens then? What happens to the million that we are giving
you if you have to modify you plan?
Commissioner Plummer: He commits suicide.
Dr. Padron: Basically, thank you, that's the right word. We, in fact, have
developed this 1n a modular fashion so we can go about doing what is right.
The problem is, if we really want to do things right, as I know this
Commission wants to, and we want to be a full partner in that, really we came
to you with exactly the amount of money that it takes to do the thing right.
And that's the issue. It's not money that we are going to keep in the bank or
anything like that.
Commissioner De Yurre: How much have you spent in acquiring the property for
this project?
Dr. Padron: We have spent over six million dollars already.
Commissioner De Yurre: And the other monies, where has it come from?
Dr. Padron: The other monies have come from the state.
Commissioner De Yurre: So the state has put in five million and we have put
in a million, is that basically it?
Dr. Padron: The state has put about five million dollars. That's correct.
So far.
Commissioner De Yurre: If the money... This money is for acquisition only,
it's not for construction?
Dr. Padron: It's not for construction. We are... Our plan calls.. We have
an allocation right now, which is important for you to know, because if it's
anything the City knows, it to put people to work, and develop the area we
have twenty-three million dollars allocation for building there.
214 June 11, 1992
Commissioner Be Yurre: And you are starting in July.
Dr. Padron: We are starting in July. That's correct.
Commissioner Be Yurre: OK. Thank you.
Commissioner Plummer: Call the question.
Mayor Suarez: Call the roll.
Mr. Castaneda: Commissioner.
Commissioner Plummer: Frank.
Mr. Castaneda: Can we... Technically, can we continue? - because this is a
public hearing.
Commissioner Plummer: I'm sorry. Instead of deferring, I continue...
Vice Mayor Alonso: Continue.
Commissioner Plummer: ... until the meeting of July the 9th.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-395
A MOTION TO CONTINUE AGENDA ITEM 32 (PROPOSED
RESOLUTION AUTHORIZING SUBMISSION OF AMENDMENT TO THE
APPROVED 18TH YEAR CDBG PROGRAM FINAL STATEMENT TO
REFLECT REALLOCATION OF FUNDS ORIGINALLY APPROVED FOR
MIAMI-DADE COMMUNITY COLLEGE) TO THE MEETING PRESENTLY
SCHEDULED FOR JULY 9, 1992, IN ORDER TO GIVE MIAMI-
DADE COMMUNITY COLLEGE THE OPPORTUNITY TO OBTAIN THE
MATCHING FUNDS PROMISED TO THEM BY THE COUNTY, SAID
ISSUE TO BE DISCUSSED AT THE SCHEDULED COUNTY
COMMISSION MEETING OF JUNE 16TH.
Upon being seconded by Commissioner Be Yurre, the motion 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.
215 June 11, 1992
r
Commissioner Plummer: Eduardo, you are not dead, but you are not feeling very
well either, right now.
Dr. Padron: That's correct, Commissioner.
Commissioner Plummer: Stay alive.
Mayor Suarez: OK.
Dr. Padron: I will try my very best.
-------------------------------------------------------------------------------
31. (Continued Discussion) APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
COMMISSION ON THE STATUS OF WOMEN (Appointed were: Regina Berman, Sharon
Bock, Katrina Daniel, Susan Guller, Racheal Isan, Deborah Menefee,
Pauline Ramos, Pola Reydburd, Denise Rivers, Rosario Roman, Mariam
Schofield, Eugenia Tynes and Danielle Webb) (See label 23).
------------------------------------------------------------------------------
Vice Mayor Alonso: Mr. Mayor, if I may, I'd
like to bring back item
24, the
Commission on the Status of Women.
Mayor Suarez: Yes, on...
Vice Mayor Alonso: Item 24.
Mayor Suarez: ... Commission on the Status of Women, which was also
handled
in the morning.
Vice Mayor Alonso: Yeah.
Mayor Suarez: Yes, Commissioner.
Vice Mayor Alonso: Yeah, I'd like to move
that we approve as presented
to us.
Commissioner Plummer: Approve what?
Vice Mayor Alonso: As presented to us.
Mayor Suarez: The list that was presented
to us?
Vice Mayor Alonso: Yeah, the same motion I
made this morning.
Mayor Suarez: So moved.
Commissioner Plummer: Well, let me see if
there's a second.
Commissioner Dawkins: Let it go. I'm not
going to argue with it.
Mayor Suarez: The motion is to approve
the list presented to us
by the
Commission on the Status of Women. It's been
moved. Do we have a second?
216 June 11, 1992
Commissioner Be Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Commissioner Plummer: Well, excuse me. For the record, let me just make it
very clear and brief. I will be voting against the motion because of the lack
of spirit that I think that should prevail between my colleague on the City
Commission and the committee which did not obviously prevail. I was willing,
as I said this morning, to vote for any and all names that they've proffered,
but I felt out of courtesy to my colleague that in fact that we should make
certain that the spirit of cooperation prevail even if a perception which did
not. For that reason, I would vote against it.
Mayor Suarez: Call the roll, please.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-396
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN OF
THE CITY OF MIAMI, FLORIDA FOR TERMS OF OFFICE AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Be Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor Be Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None.
Mayor Suarez: We were back on the item...
Commissioner Dawkins: Under discussion.
Mayor Suarez: What did you say?
Commissioner Dawkins: Under discussion. I want to make a statement.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I said this morning, and I'm going to say it again now,
the individuals came in my office and told me what they were doing. I told
them that I was not in any way in agreement with what they did, but because
they want to do something, let them do it. But there's no one on the
217 June 11, 1992
El
Commission of the Status of Women who can deal with the issues of a black
single parent woman in the ghetto. There's no one on the Status Commission of
Women who can deal with a single parent in my neighborhood who's desirous of
moving the druggies from in front of their house, selling drugs in front of
their children. Now, all of the people that were recommended, none of them
were those people and I wanted two on there, nobody else wanted them. End of
discussion. Move the agenda.
-------------------------------------------------------------------------------
32. (Continued Discussion) ACCEPT THE MIAMI CONVENTION CENTER SELECTION
COMMITTEE'S RECOMMENDATION AS TO MOST QUALIFIED MANAGEMENT COMPANY FOR
MANAGEMENT / OPERATION / MAINTENANCE FOR THE MIAMI CONVENTION CENTER --
DIRECT ADMINISTRATION TO INSERT PROTECTIVE LANGUAGE IN CONTRACT TO GUARD
AGAINST POSSIBLE CONFLICTS OF INTEREST CONCERNING SCHEDULING OF EVENTS
[Note: Selected was: Leisure Management International.] (See label 26).
------------------------------------------------------------------------------
Mayor Suarez: We were on the item having to do with the recommended operator
of the James L. Knight Convention facility. We had a motion and a second. It
was still pending.
Commissioner Plummer: What was...
Mayor Suarez: Do we have...
Commissioner Plummer: Excuse me. What was the motion?
Mayor Suarez: Can you restate the motion, Commissioner De Yurre?
Commissioner De Yurre: The motion was to accept the recommendation of the
Committee and for the Administration to begin negotiations with the first
group, or the number one selection, with the understanding that we were
looking not to lose any money in this concept. That whatever they propose
would have to be a situation that would be beneficial to the City as far as
the dollars were concerned. That we wouldn't have to kick in any monies as a
consequence of their management.
Mayor Suarez: We had not allowed you to make a presentation. I know you
represent one of the groups and if there's any of the other bidders here or
proposers who wants to say something, please come up to the mike before we
vote. Give us name and address and who you represent and what your...
Mr. Michel Sauers: Good afternoon. M
Spectator Management Group and we are the
Knight Center and I'll make my remarks
tolerance. I know you've had a busy day.
I'm not that familiar with your process an
please correct me.
Mayor Suarez: Not at all.
y name is Mich Sauers, I'm with
entity that currently manages the
very brief and I appreciate your
You must be exhausted. Excuse me.
i procedures so if I'm out of line,
218
June 11, 1992
Mr. Sauers: I think that the first thing that needs to be said is that the
process that we went through was on a part of the people in the audience, the
ten committee members who listened to us, they did try to do their best to
evaluate the presentations. I think that the two firms that were ranked
number one and two can probably service the need of the City of Miami very
well. Having said that, I think that the issue that you need to focus on,
we'd like to draw your attention to, is something that you've wrestled with
all morning, and that's the expense side. Commissioner Plummer spent a great
deal of time throughout the session that I attended identifying the fact that
the City needs to maximize its revenues and minimize its expenses. Our
proposal, as the one that was submitted, was voted number one by two key
individuals on that committee. One was the current contract administrator,
Mr. Tony Pajares, and the other was the City Finance Director. The reason
those gentleman probably voted for us first, they probably have a great
understanding, a greater depth of knowledge of what goes on at the Knight
Center. Key highlights. In terms of cost to the City, our fees are a hundred
and fifteen thousand dollars per year. Competition at one fifty, is thirty
percent more. The other competitor, at one thirty-two is fifteen percent
more. In terms of revenues, we're projecting revenues that are nine point
four percent better than a competitor, and thirteen point six percent than the
second competitor. On expenses, we're projecting eight percent less expenses
on one competitor. On the other one, eleven percent less expenses. Overall,
bottom line, something that you're all concerned about. The bottom line says
that we, Spectacor, proposes, has put forth a financial package that will cost
the City two hundred and eleven percent less than the number one ranked firm
and three hundred and seven percent less than the third ranked firm.
Substantial numbers. Why? The reason is simple. We've been there for a
number of years. We've been there for ten years, and during that time we've
been renewed four times, on four different occasions our contract has been
renewed and the Administration deemed that we were doing a good job. They
looked at it and said the first time in the first five years, yes, we want to
renew you. Three years ago, our contract was again renewed. Two years ago,
and one year ago, because they were one-year options. During those times,
everyone that we dealt with appreciated our performance, understood what we
were doing and recommended our contract continue. I would suggest to the
Commissioner that one of the additional items that needs to be considered, in
addition to the bottom line - because yes, I think both firms, LMI and SMG can
do the job for you. We're both qualified. We've demonstrated that. The
Committee, in their evaluation, probably identified that yes, we have certain
strengths and certain weaknesses, but overall, we are qualified in terms of
minority participation, in terms of purchasing power, in terms of credentials.
But one element stands out beyond the financial and that element is the
competition factor. We think that having a single dedicated entity that cares
about the needs of the Knight Center versus caring about both the Miami Arena
and the Knight Center would be best for the City. We've proven that in terms
of our budget this year. There was a concern two years ago when we became
involved in Miami Beach that, you know, there would be a problem. Our budget
this year calls for thirty thousand dollars operating profit. Going forward,
it's a hundred and forty-nine thousand dollars profit, a difference of, a
better improvement on the bottom line of a hundred and nineteen thousand. So
competition, financial, bottom line and track record. One other point. We
came forward and were willing to make an investment in the City.
219 June 11, 1992
Y
Mayor Suarez: You're saying that your track record for last year reflected a
net positive operating situation, right?
Mr. Sauers: Correct. 1992 budget reflects a thirty thousand dollars
operating surplus.
Mayor Suarez: And your projection was two or three hundred percent better
than your competitors, according to you.
Mr. Sauers: That's correct. We're projecting a hundred forty-nine thousand
dollars operating profit, projecting. That's our best case scenario. Our
competitors best case scenario says a hundred sixty-six thousand loss or three
hundred ten thousand dollar loss, first year. Significant.
Mayor Suarez: I'm curious as to how you figure out percentages better when
you've got a positive and they've got a negative.
Mr. Sauers: Well, you do the math... You add up the two... Then I get
positive... It's a split of th:`ee hundred thousand.
Commissioner Dawkins: And I think that since we're referring it to the
Manager, I think it should...
Mayor Suarez: It really would have been better to just sort of do an absolute
difference rather than a percentage because it gets complicated at that point.
Mr. Sauers: OK. Absolute difference, three hundred thousand.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I think that he should be presenting this to the
Manager since we referred it to the Manager. I don't think he should be
explaining it to me. I mean, the Manager is the one that has to make the
decision and bring it back to us. So I think that should be a part of your
presentation to the Manager.
Mr. Sauers: We... The reason...
Mayor Suarez: Yeah, you may or may not have that opportunity under the vote,
I guess he negotiates with the recommended agency or entity, but he may also
find that he can negotiate with them and I think he's entitled at that point
to negotiate with number two or three.
Mr. Sauers: If he fails to come to terms with number one.
Mayor Suarez: Right.
Mr. Sauers: I think that the last point I want to make sure that you're all
aware of is that we also made an offer to invest in the City of Miami by
purchasing an outdoor marquee, estimated value could be a hundred thousand
dollars. That investment it stays behind we make it, it becomes part of an
asset that the City of Miami has going forward. That was an investment on our
part representing our commitment and our belief in the Knight Center.
220 June 11, 1992
Commissioner Plummer: Just for the record, on your offer should it be
accepted, are you going to operate and maintain it for the period of time that
you would be there?
Mr. Sauers: Yes, we would be willing to do that.
Commissioner Plummer: Just for the record.
Mr. Sauers: Yes.
Commissioner Plummer: Just for the edification of the City Commission, the
one that we're looking at, at the Bayfront Park, estimated cost is a hundred
thousand dollars a year.
Mayor Suarez: To maintain, you mean?
Commissioner Plummer: Operate and maintenance of a marquee at Bayfront Park.
Mr. Sauers: In addition to that, if there was additional revenues that were
generated by the marquee, we would be willing to share those with the City on
a fifty-fifty basis.
Mayor Suarez: Is the space that we recently, not so recently, rehabbed in
there, the thirty thousand square feet, I believe it is, is that part of this
management agreement?
Mr. Tony Pajares: Yes, Mr. Mayor, it is.
Mayor Suarez: Have you any idea how that can be promoted better? That space.
What is the name of that room?
Mr. Pajares: The Riverfront Hall.
Mr. Sauers: Yes. We have been working...
Mayor Suarez: In your proposal.
Mr. Sauers: We have been working closely with the Hyatt Hotel, which does
most of the booking in that space. Last two years, we've had a hundred and
eighty-five some odd events and looking to do more.
Mayor Suarez: Is that per year?
Mr. Sauers: Yes.
Mayor Suarez: You said last two years.
Mr. Sauers: Last two years.
Mayor Suarez: Mr. Manager, I hope whatever happens from here...
Commissioner Plummer: Why do we need them?
Vice Mayor Alonso: What?
221 June 11, 1992
y ' i12t,
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Mayor Suarez: ... I don't know that, that is as...
Commissioner Plummer: If they're booking, the hotel is booking, why do we
need an agent?
Mayor Suarez: ... quite as favorable situation as he's stating and maybe I'm
missing something in the number of events he's saying. He's making it sound
like over half of all the days in the year, that's being used, that facility,
the Riverfront Room.
Mr. Pajares: He said in two years, so that would be about half. That's
probably correct.
Mr. Sauers: I mean, it includes...
Mayor Suarez: That sounds high for the amount of activity that I've seen. I
don't think people even know that, that exists....
Mr. Pajares: No, no.
Mayor Suarez: ... over there.
Mr. Pajares: No, no. They do. They do, Mr. Mayor.
Mayor Suarez: Well,...
Vice Mayor Alonso: Why are they doing it directly? Why the hotel will have
to do that?
Mr. Pajares: All entities in the building, the University of Miami, the City
and the Hyatt have sales forces and we all sell each other's rooms.
Commissioner Plummer: Why do you have to go through him? Why don't they...
Mr. Pajares: We don't go through him.
Mr. Sauers: No.
Mr. Pajares: We can go directly...
Commissioner Plummer: Well, the Mayor asked if he was selling that room, and
he said yes that he was selling it to the hotel.
Mr. Pajares: They manage the room that is sold by anyone in that building,
any of the sales forces in that building. That is part of the space that they
manage.
Vice Mayor Alonso: But they don't handle the use of that area?
Mr. Pajares: They manage... Yes. They manage, they set it up, it goes in the
common books and the computer of the center, the entire center.
222 June 11, 1992
Vice Mayor Alonso:
parties involved.
r-
But the rentals of that space is done by all of the r
Mr. Pajares: It is sold by all parties.
Mr. Sauers: Including the Convention and Visitors Bureau. We all sell the
room. We all work to create more activity. We have brought in some shows
that were unusual, in addition to the regular meetings and dinners and
banquets,...
Mayor Suarez: Such as? Shows that were unusual.
Mr. Manny Fernandez: We are doing a lot of Haitian dances right now. In the
month of February, we had the Hartmax, the selling of the clothing there, they
were there for about ten days between the time that they came in...
Mayor Suarez: Did you put your name in the record?
Mr. Fernandez: Manny Fernandez.
Mayor Suarez: Manny.
Mr. Fernandez: 400 S.E. 2nd Avenue. We had the Hartmax. Yesterday they
called. They are coming again in August and they stay there for about ten
days. Beginning on Monday, we have a convention, a Florida convention
regarding food that they use the central and the north hall and they were
there Monday, Tuesday and Wednesday, and we do a lot of things. Now, for
instance, in October we are doing the Les Nouvelles Estiques. That is a
convention regarding beauty products, they are going to be there for five
days. I also believe that the key to the success of the Knight Center is that
room, because if we made that room busy, we make it busy, or busier, for sure
we are going to be in pretty good shape.
Commissioner Plumper: We spent three million dollars on it.
Mr. Fernandez: Yeah, but that was a good move because up to that point, we
were operating all the meeting rooms in the building and renting the meeting
rooms to the hotel. At the time that we made the switch, at that time we were
able to cut the work force from forty-two people that we had at that time, to
twenty-three people, and from that point on we were able to keep reducing
expenses. That's the story. The key to the situation was March 1, 1988 when
that room was dedicated and was opened by the Manager with a luncheon.
Vice Mayor Alonso: Can anyone from the Administration, either Tony or the
Manager, could explain to me how, during the negotiations with, let's say if
we follow your recommendation, and we select this group, LMI, how do we change
the numbers from deficit to not to lose any money for the City? You tell me
and have emphasized that yes, indeed the City of Miami will not lose any
money. But then when I look at the numbers I have here in front of me, a
hundred and sixty-six thousand deficit. How do we do it? - because it's
important for me to learn...
Mr. Pajares: Commissioner,...
223
June 11, 1992
RM
Vice Mayor Alonso: ... how you do this from this session through the
discussion, how do the numbers change and what kind of a guarantee do we have?
Mr. Pajares: We are going into the negotiating phase. We control the budget.
We have already submitted the budget. I explained to you this morning that in
our negotiations, it has been made very clear to the firms that they cannot
spend their expense budget unless they meet the revenues. Should revenues
exceed the projected revenues, then we'll be more than happy... Let's just say
they book three million dollars, then we would increase the expense as any
enterprise fund. In other words, if there's more shows, yes, it's reasonable
they have more electricity, more help, more cleaning, that's understandable.
The way we control the deficit, is simply not approving the expenses if they
are not meeting their revenues, and we check this monthly.
Vice Mayor Alonso: Can we hear from them on this...
Mr. Pajares: Sure.
Vice Mayor Alonso: ... point because it's kind of difficult to see the light.
Maybe they can help me. Oh, Mr. Franklin.
Mr. Robert Franklin: Madam Vice Mayor and Commissioners, Robert Franklin,
3124 Mary Street in Coconut Grove, Miami. I'll be happy to answer any
specific questions...
Vice Mayor Alonso: My specific question is how do you turn the numbers from a
deficit of a hundred and sixty-six thousand in the prediction that you
presented to the group that made the final recommendation to us to not lose
any money?
Mr. Franklin: It's important to note that the projections that we gave as
well as the projections of the other company, TECTON, which is not managing,
were based upon information as Mr. Pajares said that was made available to all
of us. It, however, is not complete information about the operation of the
Center. As we get into negotiations with the Manager or Mr. Pajares, we will
have access to very important documents such as Ticketmaster agreements, stage
hands agreements, cleaning agreements, and we'll have a lot more information
to try to discover ways to both cut costs and, hopefully, enhance revenues.
Vice Mayor Alonso: So what you're telling me that even though we believe that
everything that was given in clear terms to all the companies participating,
the company that is in control in the facility has the true information of
what happens there and they were in a better position to provide numbers to us
-- to show that there is a surplus of a hundred and forty-nine thousand when, in
your case, it was a deficit of a hundred and sixty-six thousand.
Mr. Franklin: All I'm trying to point out is that the projections are just
projections. Both our projections...
(AUDIO NOISE)
Vice Mayor Alonso: They are sending bad feelings toward you. Something is
a
negative. Something is happening. Someone is telling us don't go this way.
�a
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224 June 11, 1992
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P-
Mr. Pajares: Commissioner,...
Vice Mayor Alonso: I'm nervous already, I'm telling you. Something is
happening.
Mr. Pajares: Let me answer that.
Mayor Suarez: All right. Does that mean that...
Mr. Pajares: Hello.
Mayor Suarez: ... we are off altogether? It sounds like we're not connected
at all.
Mr. Franklin: A very simple point I wanted...
Mayor Suarez: Wait, wait, wait. Please, please.
Vice Mayor Alonso: Something is happening.
Mayor Suarez: They're fixing it.
Vice Mayor Alonso: It is OK now?
Mayor Suarez: Says who, they're fixing it? Mr. Manager, Madam City Clerk,
will someone tell us if we have sound.
Mr. Franklin: I think we do. I think we're all right.
Commissioner Plummer: Maybe it is better if we don't.
Mayor Suarez: Doesn't sound to me like we have sound.
Mr. Cesar Odio: No, you lost it now.
Commissioner Plummer: Hello.
Mayor Suarez: Mr. Manager, Madam City Clerk. All right. We're having a
five-minute recess.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:48
P.M. AND RECONVENED AT 4:55 P.M., WITH ALL MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT.
Mayor Suarez: In session, I think. Let us hope that the electronic gadgetry
and the good Lord will let us continue this meeting. We've got three
Commissioners. Yes, obviously.
Commissioner Plummer: Four.
Mayor Suarez: Five, actually. Yes.
Vice Mayor Alonso: This is quite a day, so...
225 June 11, 1992
",Afflk
,
Mayor Suarez: It's been quite a day.
Mr. Franklin: OK. The two points that I would like to make, very briefly.
Number one, the emphasis on projections and projected losses, projected
revenues, projected net operating income or loss, keep in mind these are only
projections. They were done as part of an analysis of the ten-year history of
the facility, twelve-year history of the facility which has been consistently
on the loss side. We projected an improvement of that loss and we are very
happy to negotiate an agreement with the Manager or his designee.
Mayor Suarez: OK. But not only will you be happy to, apparently you'll be
required to have one that does not - God 1t sounds ominous, doesn't it? It
sounds like... Thank you, Lord. - one that there is no loss to the City.
Unless any Commissioner has any more questions of you or anyone else, I am
inclined to proceed to a vote. Any other questions from the Commission? Any
other discussion?
Commissioner De Yurre: I already moved.
Mayor Suarez: All right. Call the roll on the motion.
Commissioner Plummer: Wait a minute.
Mayor Suarez: Yes.
Commissioner Plummer: The only discussion I have, I've explained to both
parties that are present, and I have a concern and I'm going to want it
explained in negotiation. Both of these parties that are seeking to do the
Knight Center, operate another type of facility in this area. They operate
the Arena, and the other operate Miami Beach and Broward. My concern, and I
want some language written in, that I cannot find at a later date that they
are doing anything detrimental to the Knight Center to supplement something
else that they have. That concerns me. In the area of the arena they have,
in fact, a very successful - and God bless them - thing going, but I don't
want to see them drain anything more from the Knight Center to send to Arena.
I don't want to see, if the other one gets the award, that they drain from
there to send to Miami Beach. I'm putting it on the record. I want language
with the successful awardee that says their efforts, if awarded, are going to
be towards the Knight Center.
Commissioner Dawkins: While you're at it, also bring me for the last four
years, the present operator's loss on Miami Beach or in Fort Lauderdale.
Bring that to me.
Mr. Pajares: Yes, Commissioner. I would also like to answer, Commissioner
Plummer, in the new contract there is language specifically indicating...
Commissioner Dawkins: You don't have to explain nothing to him.
Mr. Pajares: Well, it was... I was explaining... There's language...
Commissioner Dawkins: Call the roll.
Mr. Pajares: ... to what Mr. Plummer's concerns are.
226 June 11, 1992
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Commissioner Dawkins: OK. Thank you.
Mayor Suarez: The best thing is to just answer exactly what you're asked by
the Commissioner in question.
Mr. Pajares: I'm sorry.
Vice Mayor Alonso: Are they losing money there? Do you know if they are
losing money over there?
Mr. Pajares: Where? In Broward or...
Vice Mayor Alonso: Broward and...
Mr. Pajares: No, ma'am. I have no idea.
Vice Mayor Alonso: Yes.
Commissioner Dawkins: They lost money in Miami Beach also? But bring it to
me in writing. OK. Thank you.
Mayor Suarez: All right.
Commissioner Dawkins: Call the roll.
Mayor Suarez: Call the roll on the item, please.
Vice Mayor Alonso: Well, wait a second. Do we have...
Mayor Suarez: Vice Mayor Alonso.
Ms. Matty Hirai: We need a second on the motion, Mr. Mayor.
Mayor Suarez: You had told me before that Commissioner Dawkins had seconded
it.
Vice Mayor Alonso: The motion was to accept the recommendation of the City
Manager?
Commissioner Dawkins: Yes, ma'am. Go ahead.
Vice Mayor Alonso: Of the Committee, I'm sorry.
Mayor Suarez: This 1s a motion of Commissioner De Yurre.
Commissioner Plummer: I second it.
Commissioner De Yurre: It was seconded already.
Mayor Suarez: All right. Commissioner Plummer seconds, if you don't have
Commissioner Dawkins seconding which you told me before you did.
Frc
227 June 11, 1992
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i.
Commissioner Dawkins: It doesn't matter. I second it. It don't make no
difference.
Mayor Suarez: All right. Just that it...
Commissioner Plummer: And just for the edification of every one concerned.
We, the Commission, are not bound by the negotiated recommendation of the
Manager.
Commissioner De Yurre: We accept or reject it.
Commissioner Plummer: But we still have that right to accept or reject the
Manager's recommendations after negotiations.
Mayor Suarez: We do.
Vice Mayor Alonso: When will it come back to us?
Commissioner Plummer: Some time in the next three or four years.
Mr. Pajares: We expect it in about a week, Commissioner.
Vice Mayor Alonso: OK. ^
Commissioner Plummer: We don't meet until the 9th.
Mr. Pajares: Oh, when it comes back to you?
Vice Mayor Alonso: Yes. _
Mr. Pajares: The next Commission meeting.
Vice Mayor Alonso: The 9th. _
Mr. Pajares: Yes. The contract we expect in about a week, ten days.
Vice Mayor Alonso: And at that time, we will make the final decision.
Mr. Pajares: Yes, ma'am.
Vice Mayor Alonso: OK.
Commissioner Dawkins: Call the roll. _
Mayor Suarez: Call the roll on the item.
228 June 11, 1992
ON,
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-397
A RESOLUTION APPROVING THE FINDINGS OF THE MIAMI
CONVENTION CENTER SELECTION COMMITTEE AS TO THE MOST
QUALIFIED MANAGEMENT COMPANY, IN RANK ORDER, TO
PROVIDE PROFESSIONAL SERVICES TO THE MANAGEMENT
OPERATION AND MAINTENANCE OF THE MIAMI CONVENTION
CENTER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH
THE MOST QUALIFIED COMPANIES IN RANK ORDER, UNTIL HE
ARRIVES AT AN AGREEMENT WHICH IS FAIR, COMPETITIVE AND
REASONABLE; AND FURTHER DIRECTING THE CITY MANAGER TO
PRESENT THE NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, TO THE CITY COMMISSION FOR ITS
RATIFICATION AND APPROVAL.
(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:
Vice Mayor Alonso: Yes. I would like to see in that place the same face that
I see when I go there, but I will follow the recommendation of the Committee.
I vote yes.
COMMENTS MADE AFTER ROLL CALL:
Mr. Sauers: Thank you for your time. Appreciate your time and your courtesy.
Mayor Suarez: Yes. I'm sorry, sir. And your first name is Mich, right?
Mr. Sauers: Yes, it is.
Mayor Suarez: And Bobby and the rest of the group. We appreciate...
Vice Mayor Alonso: Yes.
Mayor Suarez: ... your so -far protest or disagreement on the recommendation
in a cavalier and...
229 June 11, 1992
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Vice Mayor Alonso: Very professional.
Mayor Suarez: ... gentlemanly and ladylike way. Very professional.
bodes well for a future relationship with the City.
Mr. Sauers: Thank you. Good luck. Thank you.
33. GRANT REQUEST BY REPRESENTATIVES OF McDONALD PACE BLACK MUSIC MONTH
AWARENESS FOR USER FEE WAIVER AT BAYFRONT PARK AMPHITHEATER.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I have two pocket items. One I have to apologize.
Will the people from the McDonald come to the mike, please? And I apologize
for not bringing you up earlier, but I thought you were on the agenda. OK. I
spoke with Ira and he said that the McDonald PACE Music Month Awareness
program could utilize one of our community days. What's the date, please?
Mr. John Casbarro: July 11th.
Ms. Barbara Gothard: July the filth.
Commissioner Dawkins: July filth.
Commissioner Plummer: It's not a weekend?
Mr. Casbarro: It's a Saturday.
Ms. Gothard: It's a Saturday.
Commissioner Dawkins: Is the 11th a weekend?
Ms. Gothard: Yes.
Commissioner Dawkins: July filth. That's a...
Ms. Gothard: It's a Saturday.
Commissioner Dawkins: That's a Saturday, J.L.
Commissioner Plummer: Mr. Dawkins, we were going to recommend to this
Commission that the 30 days of community service that is afforded to this
Commission not be given on weekends, which are producing revenue days for the
park. Now, we've not had the chance to discuss that with you, so I feel it's
unfair to bring that you at this point, but what used to be, when we had 30
days of play in the Arena a year, we're now having 120 days of play and for
you....Excuse me. For any one of this Commission to take away the weekend
230 June 11, 1992
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days adds to the subsidy. I'm happy to report to this Commission that if the
- 30 days of subsidy that this Commission is given as community days were not
given, the park would be out of red ink. So keep that in mind. If you want =
to give it to them at this particular time, but we were going to recommend to
that for the budget, Mr. Dawkins, that any of the community days not be a =_
Friday, Saturday or Sunday.
Commissioner Dawkins: OK. I take that in good spirit and as to this time. I
will not do it again on the weekend.
Commissioner Plummer: Is this a one -day event, sir?
Ms. Gothard: Yes.
Commissioner Plummer: A Saturday?
Ms. Gothard: Saturday.
Commissioner Plummer: And is it an afternoon or evening?
Ms. Gothard: It's an evening, from 6:00 to 10:00 p.m.
Commissioner Plummer: And you understand that what Commissioner Dawkins is
doing is basically waiving the rental fee?
Ms. Gothard: Yes.
Commissioner Plummer: The rest of the fees that you will have to pay?
Ms. Gothard: Well, that was the second half of our request.
Commissioner Plummer: No. This Commission cannot waive the electricians, the
cleanup, and all of the rest of that, which is money that has to be laid out.
What you can - this Commission has reserved unto itself is 30 free days of
rental .
Mr. Casbarro: Our understanding, Commissioner, is that through the auspices
of the Sayfront Park Management Trust, we are already given one of those days
and that we were here, not to seek one of those days, but to seek additional
support.
Commissioner Plummer: This Commission reserves unto itself the right to
allocate those days.
Mr. Casbarro: It's only through the Commission.
Commissioner Plummer: And, sir, to my knowledge, I don't know how you could
waive the fees because the people there have to be paid and especially a night
time event which is usual time and a half or double time for the employees of
electricians and all of those that have to be brought in. You've got security
to provide, you've got insurance to provide, all of that, and that basically
what this Commission can do is to waive the rental fee.
231 June 11, 1992
Am
Ms. Gothard: All right. Would it be possible then to make available to us
the fire, rescue and the police support with on -duty police people...
Commissioner Plummer: No, ma'am.
Ms. Gothard: ... and on duty. All right.
Commissioner Plummer: No, ma'am. If we do it for... You see, the problem is
very simple. We do it for you, we've got to do it for others, and that's the
problem.
Ms. Gothard: I think you've lost your sound again.
Commissioner Plummer: And I just give you an example. I just ran the boat
race this weekend at the Miami Marine Stadium, and I paid a combination of
$68,000 for a City -sponsored event to the City for police, fire and rescue.
Now, it doesn't preclude if you can get them to volunteer. Wish you luck. To
volunteer, then of course you can get it for nothing.
Mayor Suarez: You might want to talk to the union in connection with that,
either union. As to the required services, can we count on the manager to
insist that the required amount of police, and fire, etcetera be abbreviated,
or reduced to the extent possible? Sometimes the first requests are always
high and you can like almost assume a factor of fifty percent (50%)
exaggeration. Not exaggeration, but, you know, it's like a wish list from our
part. All right. We have a motion, do we on the waiver of fees, etcetera?
The use of the facility?
Commissioner Dawkins: No. It was a motion to give them the day.
Mayor Suarez: Which is...
Commissioner Dawkins: The 11th.
Mayor Suarez: ..0 the date, presumably, with a waiver of fees for the
facility.
Commissioner Dawkins: No. J.L. said you can't waive the fees.
Mayor Suarez: For the facility?
Commissioner Dawkins: Yeah.
Ms. Gothard: He said they could.
Commissioner Dawkins: Well, waive them then and give them to them. I mean...
Mayor Suarez: For use of the facility, yeah.
Vice Mayor Alonso: If not, we are not giving them anything.
Mayor Suarez: Yeah, if not, they are just like any other person that's
applying to the board, the management trust.
232 June 11, 1992
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Commissioner Dawkins: Well, so moved.
Mayor Suarez: All right. So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Call the roll before he gets off the phone. I mean,
just call the roll. —
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-398
A MOTION GRANTING REQUEST FROM REPRESENTATIVES OF
McDONALD PACE BLACK MUSIC MONTH AWARENESS FOR WAIVER
OF FEES FOR USE OF BAYFRONT PARK AMPHITHEATER ON JULY
11, 1992 IN CONNECTION WITH THE HOLDING OF SAID EVENT.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Ms. Gothard: Thank you very much.
34. DISCUSSION CONCERNING COMMISSIONER DAWKINS'S REQUEST FOR DIRECTION FROM
THE COMMISSION CONCERNING THE CITY'S POSITION IN CONNECTION WITH ONGOING
EFFORTS BY STATE LEGISLATORS TO REVITALIZE THE PROPOSED 2% SALES TAX.
Commissioner Dawkins: Mr. Mayor, I have another one.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: J.L., you need to hear this.
Vice Mayor Alonso: He's listening.
Commissioner Dawkins: OK. J.L., you need to hear this.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
y233 June 11, 1992
max: x
3
Commissioner Dawkins: That's OK. We can understand that. The legislators
have been instructed to revitalize the two percent (2%) sales tax, luxury tax.
It is now being reworked and it's going to be tacked onto something in the
legislature at the last minute. Therefore, this Commission, the Mayor has
made his position known. I talked with a gentleman the other day and told him
my position did not change. The only way I could accept it is that seventy-
five percent (75%) of the money go to the homeless in the City of Miami and
the City of Miami did not need an advisory board to tell us how to spend the
money, that we knew how to spend it.
Mayor Suarez: You said seventy-five percent (75%)?
Commissioner Dawkins: Seventy-five percent (75%). So I need for this
Commission to instruct me when I get up there Monday and start to walk the
halls, if this Commission is still in favor of none of the money for the
homeless, all of the money for the homeless, or if we are in favor of the
Tourist Development Relief Act.
Commissioner Plummer: Mr. Dawkins, let me give you my position. It's always
been the same. It will continue to be the same. I do not need the
legislature of the State of Florida who doesn't know what the hell they are
doing to tell me what to do with the money for my people. I will only favor,
sir, that this item, excluding the "Mom and Pop" operations of which we have
so many, be excluded if, in fact, they will return to this City the amount of
money that is collected in this City. I am not going to allow myself or this
City to be placed in a position of going to the County with my hat in my hand
asking for money. I think it is unfair to do such, when you have a Governor
and I have provided all of you with this which has been presided by the
Florida League of Cities who 1s sitting up there having absolutely
unbelievable migraine headaches, is the only way I can put it who is taking
and not doing a damn thing and all of his talk about budget for cities.
Nothing! The only thing he's doing is talking about taxing the cities to the
benefit of other organizations. For example, he wants to have a sales tax on
any ticket that we would sell in the Orange Bowl to the detriment of the use
of the Orange Bowl. I think it is absolutely ludicrous and as far as I'm
concerned, let me go back to the issue that you raised and that is the only
way that I would vote for this Commission to favor that tax is if, in fact, we
got back from that tax the amount that was raised from the City of Miami and
we will designate where the money goes.
Commissioner Dawkins: In the law, it says loud and clear Dade County can use
this money at its discretion.
Vice Mayor Alonso: No way.
Commissioner Plummer: Sir, that's a law established by them.
Commissioner Dawkins: Well, that's what's in the law that's going around.
Commissioner Plummer: Well,...
Commissioner Dawkins: See I have to tell you where we are and what we got.
234 June 11, 1992
Commissioner Plummer: Then that law, as far as I'm concerned, solely is... I
am totally opposed.
Commissioner Dawkins: OK. Thank you. OK. Now that's two versions, three
versions. OK. Madam...
Vice Mayor Alonso: Yes, I couldn't agree more. I maintain my position, and
I'm against that tax, and I maintain my position to be against that and I
don't feet confident Dade County continues collecting our money and not giving
it to us for us to handle appropriately, and you know what is the story with
Dade County. So, therefore, I continue to be against that law.
Commissioner Dawkins: OK. Well, the Mayor has worked hard to get a fifty-
fifty split, but it still does not remove the wording, "... at the County's
discretion." Now, that I have a problem with.
Commissioner Plummer: Well, I'll tell you what you do. I'll tell you what
you do. You go up and fight for that thing that they are fighting to keep
out, of the people of this community having the right of say. The people of
this City and this County don't want any more taxes.
Commissioner Dawkins: Thank you. That's my marching order. I'll be there
Monday morning with that. Thank you, Mr. Mayor.
Mayor Suarez: Very good.
Commissioner Plummer: Mr. Mayor, are we going to address...
Mayor Suarez: That was the Plummer brigade led by Dr. Lutton...
Commissioner Plummer: Yes. Thank you. Thank you, brigade. Nice to have you
here.
Mayor Suarez: ... ready to clap at a moment's notice.
City Attorney Jones: Mr. Mayor.
Commissioner Plummer: Are we going to address what our position is...
Mayor Suarez: I'm sorry, Mr. City Attorney.
clarification.
City Attorney Jones: That's all right. Go ahead.
Mayor Suarez: OK. Go ahead, Commissioner.
I don't know if it was a
Commissioner Plummer: ... in reference to this damn cockamamie budget that
this guy is sitting up there doing. I think we should express ourselves.
Mayor Suarez: I would like to echo - I forget if it was another legislator or
who it was that said the plan is so confusing as stated that it is, you know,
and I know you pride yourself in being an expert on taxation and I think all
of us up here have a pretty good idea of all that, but the plan to me has been
so confusing. It's got so many components that the best feedback is to say
235 June 11, 1992
precisely that. You know, simplify this thing and give the people of Florida
something that makes some sense. He's trying to apparently affect property
taxes, exemptions from ad valorem taxes,...
Commissioner Plummer: Commissioner Dawkins. _
Mayor Suarez: ... sales tax, service tax. All in one package, and I'm not
sure that the figures are well calculated as to what the impact would be, who
it would impinge on, what the impact on the cities would be and our ability to
fund...
Commissioner Plummer: Oh, well, Mr. Mayor, I hope you've had the opportunity
to read this which I provided you.
Mayor Suarez: No, I have not, but I know I have it on my desk because you
have submitted it to us, which I appreciate.
Commissioner Plummer: Mr. Dawkins, let me take the opportunity, if I may.
The Governor is proposing and has denied a so-called realistic budget, which
we know that realistic budget is seven hundred million dollars ($700,000,000)
more than last year. For Dade County schools, it is sixty-three million
dollars ($63,000,000) more than last year. The governor is talking about
homes of a one hundred and fifty thousand dollars ($150,000) or less to cut
the taxes of the school in half. Not a single word that next year they won't
be raised back up again. The Governor is talking about reducing the sales tax
from six percent (6%) to five percent (5%). Not a damn word that it won't be
raised back up again next year. This community passed a bond issue of one
billion dollars ($1,000,000,000) enhancing our grandchildren to pay for, for
schools, to cover us until the year 2000. We all voted for, or most of us
voted for, a lottery which was going to be taking care of education. Not one
thing has been said in Tallahassee, as far as I know, that says that the
Governor's plan is going to help the cities of the State of Florida. I, for
one,... Commissioner Dawkins, when you go to Tallahassee, can tell the
Governor that as far as I'm concerned, he can go to Helena, Georgia.
Mayor Suarez: All right. That's a diminutive of...
Commissioner Dawkins: You want a highway patrolman to escort him?
Commissioner Plummer: If necessary.
Commissioner Dawkins: OK. I'll get a highway patrolman to escort him.
Mayor Suarez: Ladies and gentlemen, we are going to try to move through these
items. Mr. Manager, anything...
City Attorney Jones: Mr. Mayor.
Mayor Suarez: ... that does...
City Attorney Jones: Mr. Mayor.
Mayor Suarez: ... not concern...
236
June 11, 1992
Commissioner Dawkins: But, you know, Mr. Mayor,...
Vice Mayor Alonso: Yes, there is.
Commissioner Dawkins: Mr. Mayor, one thing. J.L. Plummer forgot to mention
another important item. This County Commission persuaded all of the voters to
vote for a Jackson Memorial health tax. The minute the voters passed that
tax, Jackson Memorial - I mean the County - reduced this general fund money to
the Jackson Memorial Hospital and replaced it with the tax money which was
supposed to supplement it.
Commissioner Plummer: Same thing they did with the lottery money.
Commissioner Dawkins: But there again, that's...
Commissioner Plummer: Same damn thing. Slight of hand.
Commissioner Dawkins: ... at the County's discretion.
Commissioner Plummer: Slight of hand.
35. (Continued Discussion) DELEGATE TO CITY ATTORNEY AND CITY MANAGER THE
POWER TO DECIDE WHETHER TO PAY OR TO APPEAL RECENT JUDGEMENT AGAINST THE
CITY FOR $17,500 CONCERNING A BOAT CONFISCATED BY THE CITY (See label
13).
City Attorney Jones: Mr. Mayor.
Mayor Suarez: Yes.
City Attorney Jones: Mayor, I know you want to move the agenda. If I could
get the Commission to reconsider the payment of this judgment that came up
this morning.
Mayor Suarez: Do you have any indication that anyone has changed their
position?
Commissioner Plummer: Which judgment?
City Attorney Jones: I'm sorry.
Mayor Suarez: Do you have any indication that anyone has changed their
position from this morning?
Commissioner Plummer: Oh, wait a minute. Is this the one on the boat?
City Attorney Jones: Yes.
Commissioner Plummer: Mr. Mayor, I would want him to appeal that. Let me
tell you why. I am told by the Police Department - unless I'm confused - I am
237 June 11, 1992
t -
told by the Police Department that this damage was incurred by Customs. Is
that your understanding?
City Attorney Jones: That's correct.
Commissioner Plummer: So, the judge said he didn't give a damn, he was going
to make us take care of it because it was in our possession. I think we ought
to appeal. I think the judge was wrong.
City Attorney Jones: Well, we plan to go after Customs for contribution on
the case, but that still leaves us with the judgment that's accruing interest.
Commissioner Plummer: Well, but we can still appeal it, can't we?
City Attorney Jones: We can appeal it, but the proper...
Commissioner Plummer: Hey, very simply, if I'm wrong, let's pay it. As I
said this morning,...
City Attorney Jones: Commissioner.
Commissioner Plummer: ... we should have never even let it go to court.
City Attorney Jones: Commissioner,...
Commissioner Plummer: But now that I've been told that we were not at fault,
that it was some other agency, then I think they are responsible, let them pay
it.
City Attorney Jones: Commissioner,...
Commissioner Plummer: That's my feeling.
City Attorney Jones: Commissioner, briefly ghat happened was the storage -
charges had gotten to the point where they exceeded the value of the boat. We
went in and took a voluntary dismissal to keep from having to incur further
storage costs. What the claimant was to go in court and says, "Hey, City, if
that's the case, we want to be paid for the damage that was sustained to the
vessel." The judge entered an order, notwithstanding the fact there may have
been some joint liability on the part of Customs, entered an order against the
City. Now we have option, basically. Either to go after Customs on a
separate complaint for contribution as to what we pay, or you can go ahead and
let the judgment sit as it is and let interest continue to accrue.
Commissioner Plummer: That's what I think... Whatever it is, I think the
party responsible should pay. I am told by the Police Department it is -
definitely the responsibility of the Customs Department. Let them pay it. If
we have to take an appeal to do it, so let's take an appeal.
- Mario Velez, Esq.: May I respond to that?
City Attorney Jones: That's disputable, as well. That's a dispute that would
have to be determined by the court, and there's no guarantee that simply
because we maintain that it was Customs duty, that they are not going to find
that there was some liability on the City of Miami's part.
238 June 11, 1992
Commissioner Plummer: That's what they have appeals court for.
City Attorney Jones: OK. Well, we'll spend $17,000 in legal fees on an
appeal. That's what it amounts to.
Commissioner Plummer: Somewhere... You know, I don't need a legal department
just to tell me to waive fees.
Vice Mayor Alonso: How much do we have to pay for the judgment as it stands
now?
City Attorney Jones: The judgment, as it stands now, is for seventeen
thousand five something and five thousand something in costs with accrued
interest.
Mayor Suarez: What did you say...
Vice Mayor Alonso: And 1f we appeal, how much?
Mayor Suarez: Why did you say that we would have to spend so much money for
an appeal? - for legal fees.
City Attorney Jones: I'm just saying to you, and I don't have to tell you,
Mr. Mayor, what's involved in taking an appeal up. You are talking about time
and, of course, if they prevail, then you are talking about attorney's fees as
well. So we could very well spend...
Mayor Suarez: If they prevail, they would get attorney's fees, why?
City Attorney Jones: If the court orders it.
Mayor Suarez: But why? Based on what?
City Attorney Jones: I don't know what statute they would cite, but normally
there's statutory appeal to attorney's fees.
Mayor Suarez: The general rule is you don't get attorney's fees unless
specified by the statute that they sued under, or by contract. So is there
such a circumstance here?
Commissioner Plummer: Hey. You know, I don't know what happened to the
basics of this country. If it's my mistake and I'm at fault, I pay. If it's
somebody else and it's their mistake, let them pay.
City Attorney Jones: Well, fine. I have no problems. If you want an appeal
taken, fine, we'll take an appeal.
Mr. Velez: May I respond to that?
Commissioner Plummer: I'm only...
Mayor Suarez: Counselor, let me say something on this, as far as having your
intervention. We have spent a lot of time on this issue today. We have a
239 June 11, 1992
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arc s
City Attorney that supposedly analyzed this, and in fact does analyze the
claim, makes a recommendation to us, and we decide whether to appeal or not,
or to settle, or to pay, or whatever. Occasionally, we hear from plaintiff's
counsel when the matter is of great public import and, typically, when it's =
something that the law just doesn't contemplate particular redress for. In
this case, apparently, you have a judgment.
Mr. Velez: That's right, Your Honor. -
Mayor Suarez: And at this point, I mean, you could go ahead and make a`
statement, because if I don't give you the opportunity, you are going to say
I'm a bad guy, but I mean, make 1t quick, because, really, we are going to have to rely on his recommendation and our own intuition that we want to take
at least one more appeal before paying off some amount. I mean, to argue your
case here would certainly be inappropriate. So, please...
Vice Mayor Alonso: But, Mr. Mayor, if I may.
Mr. Velez: I'm not going to argue my case.
Vice Mayor Alonso: His recommendation is what?
Commissioner Plummer: To settle.
Vice Mayor Alonso: To settle, to pay. To settle. No, to pay. We have a
judgment against us.
Mayor Suarez: Right, and the Commission is able to accept or not accept his
recommendation. So, anyhow try us despite that disclaimer.
Mr. Velez: Let me gust clear up one misconception, here. They said that
Customs...
Mayor Suarez: Name and address please, sir.
Mr. Velez: Mario Velez,..,
Mayor Suarez: Mario.
Mr. Velez: ... I'm the attorney of record on this case and my address is 815
N.W. 57th Avenue.
Commissioner Plummer: Who are you representing, sir?
Mr. Velez: I represented the respondent in this case.
Commissioner Plummer: Who is the respondent?
Mr. Velez: The respondent is Mario Pena, the owner of the vessel.
Commissioner Plummer: And what was this arrest made for?
Mr. Velez: It was... He was... For trespassing...
240 June 11, 1992
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Commissioner Plummer: A confiscation. Why was it made?
Mr. Velez: He was trespassing in Marine Stadium waters.
Commissioner Plummer: OK.
fr
Mr. Velez: OK. His vessel was impounded by the...
Commissioner Plummer: That's solely the reason it was confiscated?
Mr. Velez: His vessel... Let me finish. His vessel was impounded...
City Attorney Jones: There was some...
Commissioner Plummer: Was that solely the reason the vessel was confiscated?
Because it was in...
City Attorney Jones: That's what precipitated it and, of course, there was
some drugs found on board, and of course,...
Commissioner Plummer: There were drugs on the boat?
Mr. Velez: There was no drugs on the boat.
Commissioner Plummer: Excuse me. My City Attorney says that there was.
City Attorney Jones: My understanding is that there was some indication of
cocaine on the boat.
Commissioner Plummer: That there was drugs on the boat. OK. Go ahead.
Mr. Velez: The vessel was impounded by the City of Miami Police Department.
It was taken by the City of Miami Police Department to the Customs pier,
whereupon Customs did its customary hatchet job on every vessel that's taken
over there. It was in Police custody. It was not in Customs custody when it
was taken over there. The judge found that Customs was an agent of the City
of Miami Police Department, and the City of Miami Police Department was
responsible for the damage to this vessel. Plain and simple.
Commissioner Plummer: The damage to the vessel, as I understand it, sir, was
their ripping it apart to find the drugs. Is that correct?
Mr. Velez: That's right. There was no drugs.
Commissioner Plummer: Then, it was not the City of Miami who ripped the boat
apart to find the drugs. It was Customs. Is that correct?
Mr. Velez: As an agent of the City of Miami.
Commissioner Plummer: Excuse me.
Mr. Velez: As an agent of the City of Miami.
241 June 11, 1992
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Commissioner Plummer: Sir, I can only go on what I was told by my Police
Department who told me that the action and the damage was done by Customs.
Mr. Velez: Well, I'm going by what was presented in court and what the judge
heard.
Commissioner Plummer: OK. Sir, here again...
Mayor Suarez: What he's saying is like if they called, you know, someone to
your house, our Police Department, and said, you know, we think there are
drugs in here, search his place, tear it apart. You know, we obviously have
some involvement.
Commissioner Plummer: Oh, I don't think there's any question we had an
involvement.
Mayor Suarez: Now, if it was your house, it would be probably be a good idea
to tear it up a little bit and straighten it out.
Commissioner Plummer: OK. But what I am saying to you, Mr. Mayor, according
to my Police Department, the call that I received, it was in fact the act of
Customs that brought about the damage.
Mayor Suarez: But, apparently at our request,...
Vice Mayor Alonso: At our request.
Mayor Suarez: ... or at our instruction. That's what he's saying.
Mr. Velez: That's right.
Mayor Suarez: All right, folks. Thank you, counselor. I said Arnaldo. I
guess that's your cousin, right? Yeah, he's beaten me around in appellate
court. What do you want to do, Commissioners?
Commissioner Plummer: As far as I'm concerned, I think we ought to take an
appeal.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: What, sir?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: What do you mean time for...
Mayor Suarez: If there's...
Commissioner Plummer: Sir. Wait a minute.
Mayor Suarez: Mr. City Attorney.
Commissioner Plummer: Mr. City Attorney,...
242 June 11, 1992
1.1
Mayor Suarez: Is there indication from...
Commissioner Plummer: ... they are saying that the time for appeal
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: Please, please. Let's just...
Commissioner Plummer: City Attorney.
Mayor Suarez: We've got to get...
City Attorney Jones: Commissioner, honestly I don't know. I'd have to look
at it.
Commissioner Plummer: Well, wait a minute. Excuse me. I got a problem. If
the time for appeal is over, that means when you came to this Commission, sir,
we had but one alternative.
City Attorney Jones: Sir, I did not bring this item to this Commission.
Commissioner Plummer: Oh, who did, sir?
City Attorney Jones: OK?
Commissioner Plummer: Who did?
City Attorney Jones: On the final... Let me explain this to you.
Commissioner Plummer: OK.
City Attorney Jones: This matter originated, basically, as a result of a
forfeiture, as a result of the Chief of Police having to sign off on any
payment of this amount. OK? I was asked this morning to bring it up simply
because you had directed that all judgments come to this Commission for
approval. Now I was not prepared to deal with the item because it was not
part of the regular agenda. So,•I apologize because it was not my issue and I
was not prepared to deal with it. So...
Commissioner Plummer: All right. Mr. Mayor,...
Mayor Suarez: Yes.
Commissioner Plummer: I would ask, under the circumstances, sir, that, in _
fact, the motion should be to defer so this Commission can, in fact, have all
of the information. If, in fact, the time for appeal has run, and we cannot
appeal, what I'm being told is we have no alternative but to pay.
Vice Mayor Alonso: Sure.
Commissioner Plummer: Now, if that's the case,...
Mayor Suarez: Sounds logical to me.
243 June 11, 1992
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Commissioner Plummer: Huh?
Mayor Suarez: Sounds logical to me.
Commissioner Plummer: Well, then I ask that this matter be deferred and that
the City Attorney and the Police Department forward to this Commission any and
all information that is prevalent to this respective.
Vice Mayor Alonso: In order...
Commissioner Dawkins: Who brought the item up?
City Attorney Jones: The SO days would run...
Commissioner Plummer: The City Attorney said he brought it at the request of
the Police Department.
Mayor Suarez: Commissioner, I have a suggestion. Commissioner Plummer.
Commissioner Plummer: Yes, sir.
Mayor Suarez: And Mr. City Attorney, Mr. Manager, Mr. Longueira, the whole
works, the general public, the world. Would you accept our motion to place
this in the hands of the City Attorney and the City Manager for their
determination? You can give them all the input you want. In fact, you can
sign away on the final determination. Given that, I think the total amount is
what? Seventeen.
Commissioner Plummer: Yeah. Twenty-two, isn't it?
Mayor Suarez: Given also...
Commissioner Plummer: Seventeen...
Mayor Suarez: ... that anything under twenty-five, when it's a settlement,
the only thing he's required to do under our ordinance is to notify us in case
we want to object, but most of the time we don't object, and he goes ahead and
settles it. In this particular case, he's got a judgment where the appellate
time may have run. We're taking up a lot of valuable time here today and I
would...
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: ... strongly and respectfully submit that the Manager, the City
Attorney and yourself can resolve this, and I will delegate to you the power
to go ahead and pay or appeal if it's appropriate. But please, let's move on
to the next item.
Vice Mayor Alonso: Yes.
Mayor Suarez: I think we ought to delegate...
Vice Mayor Alonso: Yes.
244 June 11, 1992
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Mayor Suarez: ... that power to them.
Commissioner Plummer: That's fine.
Mayor Suarez: Thank you.
Vice Mayor Alonso: Fine. Yes.
11
Mayor Suarez: So moved by Commissioner Plummer. Seconded by the Vice Mayor.
Call the roil.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-399
A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO PAY
MARIO VELEZ, P.A., TRUST ACCOUNT, THE SUM OF
$17,500.00, PLUS INTEREST AND COSTS, PURSUANT TO A
FINAL JUDGEMENT IN CASE NO. 90-0706 CA (20) , ENTERED
ON MAY 11, 1992, AND ALLOCATING FUNDS THEREFOR FROM
THE LAW ENFORCEMENT TRUST FUND, INDEX CODE 029002 247;
PROJECT NO. 690001, SUCH EXPENDITURE 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.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor Be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Alonso: May I take one quick pocket item?
Mayor Suarez: And Mr. Manager, be looking out for items that we can do a
little later on, that are internal, so that we can get... I notice that we
have a few public input items, including Dr. Lutton's Greater Miami Biscayne
Boulevard Association and probably some others. So, any of those that we can
bypass, please have someone prepare for me a list of the public input ones.
245 June 11, 1992
36. GRANT REQUEST BY LITTLE HAVANA DEVELOPMENT AUTHORITY FOR CLOSURE OF
DESIGNATED STREETS CONCERNING A FATHER'S DAY CELEBRATION AT DOMINO PARK.
Mayor Suarez: Yes, Madam Vice Mayor.
Vice Mayor Alonso: Yes. It's a request from Little Havana Development
Authority for celebration of Father's Day at Domino Park and they will need to
close 15th Avenue between 8th and 9th Streets between the hours of 9:00 a.m.
to 1:00 p.m. for celebrations at the park.
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. 92-400
A RESOLUTION RELATED TO A FATHER'S DAY CELEBRATION AT
DOMINO PARK IN LITTLE HAVANA TO BE CONDUCTED BY THE
LITTLE HAVANA DEVELOPMENT AUTHORITY ON JUNE 21, 1992;
AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE
AND INSPECTION SERVICES; CONDITIONING ALL APPROVALS
AND AUTHORIZATIONS HEREIN UPON THE ORGANIZERS PAYING
FOR ALL THE NECESSARY COSTS OF CITY SERVICES AND FEES
ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT 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.
COMMENTS MADE DURING ROLL CALL:
246 June 11, 1992
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Commissioner De Yurre: Is this going to be like a breakfast thing, Luis?
Commissioner Plummer: Father's Day.
Commissioner Dawkins: Father's Day. f
Commissioner De Yurre: Yeah, I know, but nine in the morning to one o'clock.
Vice Mayor Alonso: 9:00 a.m. to 1:00 P.M.
Commissioner De Yurre: HASTA QUE HORA ES ESTO?
Vice Mayor Alonso: DE NUEVE A UNA.
Commissioner De Yurre: NADA MAS. That's it. -
Mr. Luis Sabines: ES UN ACTO QUE LE VAMOS A DAR... DIGA, COMISIONADA. =
Vice Mayor Alonso: PARA LOS PADRES, CELEBRACION DE LOS PADRES.
Commissioner De Yurre: LUIS, ESAS CUATRO HORAS NADA MAS?
Mr. Sabines: NADA MAS.
City Manager Odio: What he's saying is that they need the park because it's
for Father's Day... -
Commissioner Plummer: Sabines doesn't get up until one o'clock.
Vice Mayor Alonso: 9:00 a.m. to 1:00 p.m. That's all they need.
City Manager Odio: From 9:00 a.m. to 1:00 p.m.
Vice Mayor Alonso: Close 15th Avenue.
City Manager Odio: Right. And to close 15th Avenue. =
Commissioner De Yurre: All right. All right.
Commissioner Dawkins: Finish calling the roll.
Commissioner Plummer: Is he going to get up before one o'clock in the
daytime?
City Manager Odio: No.
Commissioner Plummer: Never.
Mr. Sabines: Thank you. Thank you. Gracias. Thank you.
Commissioner Plummer: No way, Jose!
Mayor Suarez: All right. What item are we up to? 15.
247 June 11, 1992
4
Ms. Hirai: Roll call.
Vice Mayor Alonso: No, no. Roll call.
Mayor Suarez: Call the roll, please. Thank you.
------------------------------------------------------------------------------
37. (A) DISCUSS AND DEFER (TO NEXT MEETING) CONSIDERATION OF REPORT
ASSESSING COSTS AND BENEFITS ASSOCIATED WITH A CITY -OPERATED
100% CURBSIDE RECYCLING PROGRAM AS COMPARED TO A PRIVATE
CONTRACTOR OPERATION.
(B) BRIEF COMMENTS CONCERNING REQUEST BY JACK RICE TO CONTINUE A
PLANNING AND ZONING ITEM.
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Dawkins: I'm going to be leaving at six o'clock.
Commissioner Plummer: Can I go with you?
Mayor Suarez: Is there any item that you...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Can I go with you?
Commissioner Dawkins: So I want to defer...
Mayor Suarez: Would you take Plummer with you, please?
Commissioner Dawkins: I would like to... I'm going to move to defer 25 until
the next Commission meeting because I have a lot of discussion on that.
Mayor Suarez: Move to defer item 25...
Commissioner Plummer: Second.
Mayor Suarez: ... for a full Commission.
City Manager Odio: Mr....
Commissioner Plummer: Ooh, ooh, ooh.
City Manager Odio: I have no idea. A pocket item.
Mayor Suarez: Moved and seconded.
Commissioner Plummer: Ooh, ooh, ooh.
248 June 11, 1992
Tn"
Mayor Suarez: Any discussion? Commissioner Plummer is going "ooh, ooh, ooh,"
which I guess means he wants discussion. No?
Commissioner Plummer: Go ahead. I'll acquiesce to my blue brother.
Mayor Suarez: All right. Call the roll.
THEREUPON, MOTION DULY MADE BY COMMISSIONER DAWKINS
AND SECONDED BY COMMISSIONER PLUMMER, THIS ITEM WAS
DEFERRED TO THE NEXT COMMISSION MEETING 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 14.
Mr. Jack Rice: Commission, I have a point of order.
Mayor Suarez: Point of order? Boy, we haven't had one of those in a while,
Jack. What do you got?
Mr. Rice: Paper Wholesalers was supposed to start at 5:00. Commissioner
Dawkins is leaving. He's the only that sat at the hearing last week - last
Commission meeting and I asked the matter be continued.
Commissioner Plummer: Wait. Wait a minute. He was the only one that sat
here?
Mr. Rice: We11, he was one of four.
Commissioner Plummer: Oh.
Mayor Suarez: You are talking about a Planning and Zoning item, right, Jack?
Mr. Rice: That's right.
Mayor Suarez: Well, I consider those one of the public input items that we
would get to very quickly. Yes.
Mr. Rice: Yes what?
Mayor Suarez: Yes, we are going to get to it very quickly. So unless...
Mr. Rice: I don't want you to get... If Commissioner Dawkins is gone, I want
a continuance till he gets back.
249 June 11, 1992
Mayor Suarez: All right. Wait. I've heard your argument. I'm going to try
make a ruling on the point of order. Please have a seat now, counselor.
Mr. Rice: OK.
Mayor Suarez: Thank you. OK. What other items do we have of public input
that we should get to that we cannot do? I know about that one. Greater
Miami Biscayne Boulevard Association. I was hoping that the City Manager
would do it the other way around and tell me the ones that are not, and we
could... All right. That Planning and Zoning one that Jack mentioned is an
important one. Are both sides here? I presume so. Is that correct,
counselor?
Mr. Rice: Well, I'm here.
Mayor Suarez: He's here. What is yours Mary?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: Oh, you've got tons of them, don't you? Well, we are going to
get to the items, if all goes well. I'm just saying which...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: All right. Some of them you may have to take a deferral so
that you can have his involvement. Folks, unless anyone has any better idea,
this matter of the community development allocation to the CBO (community -
based organization)... What item is that? - the Greater Miami Biscayne
Boulevard Association.
Unidentified Speaker: Thirty-three.
Mayor Suarez: Thirty-three. I'm inclined to take that item and get that
resolved and then move on to Planning and Zoning with Jack Rice's...
Vice Mayor Alonso: Yeah.
Mayor Suarez: .. item.
Vice Mayor Alonso: Mr. Mayor, I think...
Mayor Suarez: What item is that, Jack? PZ what? Your item.
Vice Mayor Alonso: Four, I think.
Mr. Rice: Three, 1 believe.
Vice Mayor Alonso: Three. Three.
Mayor Suarez: PZ-2. All right.
Vice Mayor Alonso: Three.
250 June 11, 1992
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Mayor Suarez: And then, of course, all other public interest...
Vice Mayor Alonso: Three.
Mayor Suarez: ... items, we'll be moving to quickly...
Vice Mayor Alonso: PZ-3.
Mayor Suarez: ... and then back to any Administration stuff.
38. DISCUSSION CONCERNING BOUNDARIES / FUNDING OF THE EDISON / LITTLE RIVER
NEIGHBORHOOD.
Mayor Suarez: On Greater Miami Biscayne Boulevard Association Chamber of
Commerce. Is that the correct title? What is the correct title? Jack, we'll
get to you in a second, Jack. Hopefully. Not in a second, maybe in a minute.
Dr. Lutton what is..
Dr. Joan Lutton: It's the Greater Biscayne Boulevard Chamber of Commerce.
Mayor Suarez: OK. The...
Dr. Lutton: But it's not...
Mayor Suarez: The posture that we are in is that we have previously discussed
the merits and lack thereof and allegations by neighbors, etcetera, about the
Association and its expenditures and we've got many, many letters and we must
make a decision, I believe...
Vice Mayor Alonso: What item is this?
Dr. Lutton: Well, this is just to have the target area removed. The item
here the boundaries of Edison/Little River neighborhood. They are objecting
to the Biscayne Boulevard/Carter being designated a target area.
Mayor Suarez: OK.
Dr. Lutton: We have a map to show that, but I don't even think you need the
map...
Mayor Suarez: We discussed at length the idea that the desirability of being
in a target area is, of course, to benefit from funds that might be obtained.
The undesirability is the impression given that you are in a deteriorated
neighborhood, and otherwise attracting governmental programs,...
Dr. Lutton: Sure.
Mayor Suarez: ... including low-cost housing...
Dr. Lutton: Halfway houses and so forth. I agree with that.
251 June 11, 1992
f+ 5
Mayor Suarez: ... or whatever and we kind of concluded that there wasn't much
we could do on the east side of Biscayne Boulevard.
Dr. Lutton: That's not in the target area.
Mayor Suarez: Clearly that would not be. So those people who are on the east
side of Biscayne and think that somehow they are going to be in a target,
that's not the case.
Dr. Lutton: They are not. No.
Mayor Suarez: On the west side of Biscayne Boulevard, there are areas and
areas, and really what was at stake, 1n a sense, was the Boulevard itself,
because I think that the people who oppose your organization getting money,
figure that if they could eliminate the Boulevard, then the organization
cannot get money. Because it's clearly for businesses on the Boulevard.
Dr. Lutton: Correct. Correct.
Mayor Suarez: And that's an interesting...
Dr. Lutton: Proposition.
Mayor Suarez: ... debate where we thought maybe there were some parts of the
Boulevard that really, clearly belonged in a target area and some that did
not.
Dr. Lutton: Well, I'm here to tell you that I think most of it belongs in the
target area.
Mayor Suarez: OK. But before you say anything, I was hoping having made that
synopsis that Mr. Castaneda, who is paid to analyze these things for us, not
necessarily the philosophy of it, which I have just outlined, but the
demographics and the quantitative analysis and - I'm going to kill somebody.
Folks, I am determined to have silence in this Chamber today so we can
deliberate, and also, Mr. Manager, anyone who is not a City staff person,
should not be back here. Not allowed in there, and please have someone there
to make sure that's the case. And everyone should be sitting, please. If you
are not coming in and out, you should be sitting, or if you are not part of a
presentation, have a seat. Yes. What would you recommend?
Mr. Frank Castaneda: The Planning Department, using 1990 statistical data
just off from the census is basically saying that, yes, the area west of
Biscayne Boulevard is fairly low income. For that matter, we should be
looking at some area here to be included in the target area as well. So that
there is definite supporting information...
Mayor Suarez: Wait a minute. Wait a minute. Mr.... Officer, would you
please ask Mr. Gonzalez-Goenaga to step outside till he can obey our rules
here? Yes.
Mr. Castaneda: That there is significant evidence to suggest that this area
should be maintained as part of the target area. According to the 1990
252 June 11, 1992
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census, the low-incomeness [sic] of the area, as a matter of fact, is
increasing and north of 79th Street you can see that this area is also
deteriorating up there. An issue can be raised as to Biscayne Boulevard down
here where there is... --
Mayor Suarez: What is that dividing point there? - where the green meets the Zoo
red. What street is that? --
Mr. Castaneda: This is Biscayne Boulevard...
Vice Mayor Alonso: Yea, but what is dividing?
Mayor Suarez: Oh, thank you. I certainly can tell which is the one 1n the
north...
Mr. Castaneda: This is the FEC railroad track.
Mayor Suarez: Right. Where is the point where the green meets the red? What
street is that? Thank you.
Mr. Castaneda: It's Biscayne Boulevard.
Dr. Lutton: The cross.
Mr. Castaneda: Oh, the cross. That's the FEC railroad track.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: We need 33 "boteilas" to interpret.
Commissioner Dawkins: N.E. 54th Street.
Mr. Castaneda: 54th Street.
Mayor Suarez: Thank you.
Mr. Castaneda: 54th Street. I have it on the map. That's 54th Street.
Commissioner Plummer: Let me ask a question, because obviously you travel a
different Biscayne Boulevard than I do. Are you trying to convince me that
there is a major difference between the east side of Biscayne Boulevard and
the west side of Biscayne Boulevard?
Mr. Castaneda: Yes, there is. Income -wise.
Commissioner Plummer: I'm talking about the Boulevard itself.
Mr. Castaneda: No, no, no. We are declaring...
Commissioner Plummer: OK? I'm not talking about 150 feet west of the
Boulevard.
Mr. Castaneda: No, no. Commissioners, we are saying that both sides of -_
Biscayne Boulevard should be included in the target area and that's how it's
253 June 11, 1992
W
been for the last five years. Some people here are suggesting that the target
area should be moved back to the FEC railroad track. What I'm saying is that
according to the 1990 census, the low-incomeness [sic] of the area is
supported by the 1990 census. As a matter of fact, the low-income of the area
is increasing and there is some movement north of 79th Street of low-income
people into that area. Now, there can be an argument as to the area south of
54th Street because there are no people living between the FEC railroad track
and Biscayne Boulevard.
Commissioner Plummer: And what... On the green map, that's - the green is
$26,000 and above?
Mr. Castaneda: That's correct.
-----------------------------------------------------------
NOTE FOR THE RECORD: Commissioner Dawkins left the
ommission meeting at 5:40 p.m.
----------------------------------------------------------
Commissioner Plummer: and there is no pocket there for a hundred thousand
dollars and above.
Mr. Castaneda: No. That's the median income.
Mayor Suarez: South of 36th Street then you begin to have changing conditions
again, but from 36 or 54th, it's fairly uniform, as you have stated. It's an
interesting dividing point, fifty-fourth. Does that make the opponents feel
any better? The fact that we would eliminate up to 54th Street if we did
that?
Mr. Castaneda: Well, no. Commissioners, we are recommending to go all the
way down, What I am saying is that the opponents have an arguing point, to
argue whether the dividing line should be the FEC (Florida East Coast)
Railroad or Biscayne Boulevard. Because there are no people that live between
the two points.
Mayor Suarez: Then in that case, then we would move west to the FEC for the
district.
Mr. Castaneda: I am suggesting to keep the target area east of the commercial
area. That way we could do economic development in the whole Biscayne
Boulevard area.
Commissioner Plummer: East of the commercial area or west?
Mr. Castaneda: Well, we are including both sides of the commercial area as
part of the target area. That's the way it is now.
Commissioner Plummer: Yeah, but the people on the east side of the boulevard
don't want it.
Dr, Joan Lutton: No. They don't live on the boulevard. They live about a
block back. We are not talking about that. Leave them alone. They are not
254 June 11, 1992
i
in the target area now. We don't want them in the target area. We want to
keep the whole boulevard, which is primarily commercial.
Mayor Suarez: Folks. We are trying to determine if the fact that there is a
clearly different situation south of 54th or north of 54th dictates, in your
mind, or makes it a recommendation that we change, somehow, the district south
of 54th to alleviate some of their concerns, if so, or if not. Are you saying
that the economic well-being south of 54th extends past the boulevard to the
railroad tracks?
Mr. Castaneda: Right.
Mayor Suarez: So one might argue, logically, that the district south of 54th
Street should not include the boulevard. That is what I am trying to say.
And that may or may not satisfy them. You want want to say anything,
Jennifer, at this point.
Ms. Jennifer Clark: Judy.
Mayor Suarez: Judy.
Ms. Judy Clark: I am Judy.
Ms. Jennifer Clark: I am Jennifer.
Mayor Suarez: Judy and Jennifer.
Ms. Judy Clark: Judy Clark, 5930 N Bayshore...
Mayor Suarez: You are both Clark though.
Ms. Judy Clark: We are not related.
Mayor Suarez: That's just coincidence? All right. Go ahead.
Ms. Judy Clark: Oddly... Odd as that may seem.
Mayor Suarez: I knew there was something.
Ms. Judy Clark: First of all, 54th Street is the middle of a neighborhood.
The neighborhood of Morningside goes from 50th to about 61st Street. So my
personal opinion is that would pose a problem right there. I don't think that
that's... It doesn't seem to me that that's the normal division line. If you
are going to divide something up at least take into consideration each of the
individual neighborhoods. We spend a lot of time working within the
individual neighborhoods.
Mayor Suarez: It's a main artery west of the boulevard. It's not
particularly important east of the boulevard. That's the problem. Fifty-
fourth street is...
Ms. Judy Clark: The problem is the boulevard, period.
Mayor Suarez: Well, we know that.
255 June 11, 1992
Ms. Judy Clark: Well, the problem becomes...
Mayor Suarez: Would it make you feel better to have at least a chunk south of
54th street not included in the target district all the way up to the FEC
track?
Ms. Judy Clark: Generally speaking, most of the people in the Morningside
area, we would just as soon have it off of the boulevard, period. That goes
from 50th...
Mayor Suarez: No I know that. I know that.
Ms. Judy Clark: ...to 61st Street.
Mayor Suarez: All right.
Ms. Judy Clark: There's no doubt, and we have talked about this before, that
there are some individual pockets throughout the community on either side of
the boulevard that need addressing and, perhaps, should be included in target
areas. We said that to. But since 1987 we have been a target area all the
way up to the east side of the boulevard. There is some debate as to what
good it does anybody, and what plans are in the future, and the fact is that a
target area actually is HUD (Housing and Urban Development) dollars, and it is
basically included for minorities and low income businesses et cetera. Is
this the right place for that? And we have been talking about upgrading,
putting retail shops on Biscayne boulevard for some time. I am not quite sure
that this is going to be the answer, the be all and end all answer. You have
been this way since 1987, and haven't accomplished anything on the boulevard.
It still looks crummy.
Mayor Suarez: OK. On the issue of the expenditures, what is that issue
relevant to? What item?
Mr. Castaneda: It's relevant to the decision. For example, Miami...
Mayor Suarez: But I mean in addition to that are we having a funding
determination today?
Mr. Doug Broeker: Yes. The Northeast Task Force Beautification item.
Mayor Suarez: What item is that on the agenda? Just so we clarify.
Mr. Castaneda: Well, it is not on the agenda, per se, but the Biscayne
Boulevard Chamber of Commerce would no longer become an eligible activity if
we move the target area back. But you have the...
Mayor Suarez: Even assuming we didn't change the target area, there is the
determination of funding the Greater Miami Biscayne Boulevard Chamber of
Commerce is there not today before us?
Mr. Broeker: Yeah, that...
256 June 11, 1992
Mr. Castaneda: We deferred all the CBO (Community Based Organization) action
until July the 9th.
Mayor Suarez: Oh, all of them. Including that one.
Mayor Suarez: So that they can come and make a presentation...
Mayor Suarez: So still would have a bite of the apple then, on that issue.
All right.
Vice Mayor Alonso: ...and justify the reason to give the money, or that the
City could really do it directly.
Mayor Suarez: So today we could limit ourselves fairly and still have an
opportunity for you to argue on the misspending or... Not misspending but
maybe not the wrong the right priorities for spending of the monies et cetera,
which I think is a healthy debate because it forces them, even if they get the
money, even if they help to administer it, to listen to the neighbors. Now,
on the target areas we are still where we were. Anything further from you,
Frank?
Mr. Broeker: Doug Broeker,..,
Mayor Suarez: Yes, Doug.
Mr. Broeker: ...538 N.E. 55th Terrace, Morningside. I am the funding chair
for the Northeast Task Force. You all promised us that you would give us a
hundred and twenty-five thousand dollars of the City funds for a
beautification project right in that area that you are talking about
eliminating the target area for. I believe that when you gave us that...
When you allocated those funds, you had in mind that you would get that...
Mayor Suarez: Well, but that was a different... That was a different
philosophy.
Mr. Broeker: ...money from Community Development Block Grant Funding.
Mayor Suarez: The philosophy there was that every neighborhood, regardless of
socioeconomic situations, is entitled to infrastructure improvements and
beautification,...
Mr. Broeker: Absolutely.
Mayor Suarez: ...and that Biscayne Boulevard north of, probably north of the
Freedom Tower, north of Bayside all the way up to pretty much to wherever it
ends. Probably up in Georgia someplace, all needs improvement. I mean, let's
face it.
Mr. Broeker: That's right. But you have allocated...
Mayor Suarez: That was the philosophy of that and it was recommended by the
Northeast Task Force.
257 June 11, 1992
Mr. Broeker: Right. You have allocated those funds for that project, this
year, it's between 24th and 48th Streets. So it's right in that area.
Mayor Suarez: And we thought we would start with 24th to 48th.
Mr. Broeker: Right.
Mayor Suarez: I guess we figured we would pick up on some development that is
happening around the Omni area.
Mr. Broeker: I believe the manager had in mind that he would use community
development block grant funding for that, and if you ask Mr. Bailey, he will
tell you that if you change that target area, you will lose that funding, and
you will have to get it from somewhere else, which means the City, instead of
being able to use those federal funds to beautify Biscayne Boulevard, will
have to reach into its own coffers in order to fund that beautification
project.
Mayor Suarez: What about that argument, Judy?
Ms. Judy Clark: All right. I think it's a valid argument. We are not here
to dispense any funding. I mean if there is monies available...
Mayor Suarez: No, no. But on the issue of the definition of the target area.
and the implications of redefining it for that beautification effort.
Ms. Judy Clark: Well, we have talked to a lot of people about target areas
and the funding available therein. Target area is, the way I understand it,
an invention of the City of Miami. That if you prove that an area is needed
for... On an individual basis you can still receive funds. It is my
understanding that you could go in, even if there were no target area, in that
entire area. It is entirely possible to apply for these same kinds of funds.
I know it makes it more difficult, and I am not here to try to make it more
difficult, or to try to say we don't want that funding. Quite frankly, the
thing that we want, and the thing that we may be eligible for, may be mutually
exclusive, I don't know. What we are talking about is the perception, the
property value, the quality of life. For some neighborhoods east of the
boulevard you have, in 1987, placed a target area that is available for low
income minority HIED dollars right against our homes. It abuts our homes. The
target area. This is a problem. When I say to you I want you to move...
What we would like to do is just go back to 1987. We can't see that it has
done us any good so far anyway. But now comes all these big plans. Everybody
is going do something now because everybody is afraid they are going to lose
their funding. We are not here to stop that. We are not here to stop
funding. We have some questions that we didn't get really good answers for, I
feel. Like what has it done for us since 1987? Who got money? Where was it
spent? How much? So now you come up and you say, oh, there is all this money
out here available, if you take away the target area you won't get any
funding. Well, that's not what we want to do. What we want is to have the
remaining perception or a better perception of our neighborhood. We do not
want to abut a HUD area. I am not sure a HUD area should be located on
Biscayne Boulevard per se anyway. There are a number of questions. There are
a number of issues. There are a lot of people in Morningside, Bay Point,
Bayside, et cetera.
258 June 11, 1992
ffl,7�
Mayor Suarez: Well, HUD recognizes that there is commercial and residential
interdependency. You know...
Ms. Judy Clark: You are talking about an area that goes from I-95, Mayor
Suarez, right up to about two block from the bay. The homes that go from the
boulevard to the bay, now you are talking about this medium to high income
neighborhood that abuts a HUD district, and you are telling me that you are
going to do something for this. That's fine. If that happens, that's OK to.
But why can't you... If the whole entire State of Florida can gerrymander
itself into congressional districts for the U. S., why can't you gerrymander
this little strip here so that we can all be happy? There is bound to be a
compromise in this issue.
Mayor Suarez: Well, I tried to suggest a little bit but you didn't go for it.
Dr. Lutton: Can we have some response?
Commissioner Plummer: You know, I don't believe anybody around here can be
happy anymore. You know, most people don't have the money. We have got the
money and, you know, it's like the Wynwood. We can't seem to get anybody
happy. I don't understand. I really don't understand.
Ms. Judy Clark: We are happy. We just want the best for the family.
Commissioner Plummer: Well let me ask a question. How much money do we
normally give to this allocation?
Dr. Lutton: It comes out in different ways. The Northeast Task Force gets
some. The Greater Biscayne Boulevard Chamber...
Commissioner Plummer: What we are talking about today. How much?
Dr. Lutton: Well it's not... Are you talking about the chamber in the
Northeast Task...
Commissioner Plummer: Whatever the item is...
Ms. Melanie Broeker: Are you talking about the chamber, Commissioner Plummer?
Commissioner Plummer: Edison Little River neighborhood.
Ms. Broeker: Forty-three thousand two hundred and seventy dollars were
allocated for the year 191.
Commissioner Plummer: CK. And what is the money used for?
Dr. Lutton: But that's only for one thing. The target areas over the
whole...
Ms. Broeker: It's an administrative grant and I can give it to you right now.
Commissioner Plummer: Well, don't give it to me. Mr. Mayor, can we cane
about an idea that we don't give the money to nobody. That we keep the money
259 June 11, 1992
in-house, and if you want to bring us a project, we'll work on the project.
It's not your project it's our project. That we don't designate anything, but _
we get done what needs to be done in the area, whether it's not the east side
of the boulevard or the west side of the boulevard,...
Ms. Judy Clark: It's OK with me.
Commissioner Plummer: ...and we don't designate... OK.
You bring it to us. We'll work with you on the project.
Mayor Suarez: When we get targeted fiscal assistance...
way. When we get CDBG (Community Development Block Grant)
whole bunch of guidelines.
Commissioner Plummer: What's wrong with that?
You got a project.
We can do it that
funds they have a
Mr. Castaneda: Commissioners, let me explain what the problem is.
all, if you move the target area back...
F1 rst of
Commissioner Plummer: Excuse me. I am eliminating the target area. OK.
Mr. Castaneda: No, the target area...
Commissioner Plummer: What I am saying to you is, is that area up there
that's represented by the Biscayne Boulevard Chamber, you want to bring us a
project that you think is good for the area, we'll work with you and we'll try
to get it accomplished, as we have with the people down in the lower end of
Biscayne Boulevard. If these people want to bring us a project that we think
that is good for their area, lets work on it. But, damn, this hassling back
and forth, hassling...
Mayor Suarez: Yeah, we really...
Commissioner Plummer: One going against the other and nothing is getting
accomplished. You are taking up...
Mayor Suarez: We really don't see, superficially at least, Judy, Jennifer, we
don't see any great damage that's going to be done at least for the next 12
months, and maybe a reevaluation at that point. At some point Biscayne
Boulevard will be doing well enough that prosperity and improvements will be
spreading west,...
Commissioner Plummer: That's fine.
Mayor Suarez: ...and it will be the anchor for that. And we really should
redefine it. This year with the pending application, and the pending
allocation of monies from CDBG, sounds like it would not be a good idea, brit I
would revive this debate in the next 12 months. That's where we are all
headed. Doctor you said it many times. The boulevard is improving, my kids
are coming back to school, et cetera, et cetera. And at some point, having
that definition of a target area, does begin to hurt. You try to sell homes,
and you try to put your real estate there.
260 June 11, 1992
r,
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t
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Commissioner Plummer: Yeah, but, Mr. Mayor, you know, we got to be honest.
OK.
Commissioner Dawkins: What your saying then is that...
Commissioner Plummer: The people around 79th Street and Biscayne Boulevard,
and I am not making jokes, they are starving to death. _
Mayor Suarez: Yeah. And it would be a little longer... =
Commissioner Plummer: The economics of that area are horrible.
Commissioner Plummer: ...the farther up north you go up to 79th and probably
south to 36th Street. -
Dr. Lutton: And they have to live somewhere. —
Commissioner Plummer: No, I am talking about the businesses in that area.
OK. They are hurting to the point where they are closing. I am telling you.
Dr. Lutton: Your right.
Commissioner Plummer: OK. Louie Luke has been up there for years, and Louie
Luke is gone, and my mother always told me, when a Chinaman had a chance and
he couldn't make it, damn few others were going to.
Ms. Judy Clark: Try Rita's, J.L., they have been there 19 years.
Commissioner Plummer: Huh?
Ms. Judy Clark: Try Rita's, they have been there 19 years.
Commissioner Plummer: Well, hey, look, you know, this idea of a target area,
that area, this area, you want, they don't want, why don't we just try to do
this thing together for what's best for the entire area? `
Ms. Sherna Brody: Ladies and gentlemen, may I just say a word? My name is
Sherna Brody. I live at 530 N.E. 57th Street, in Morningside Park. I am a
member of the Morningside Civic Association Board. I donate a lot of time to
that and many other boards. I happen to be lucky and I sit on a lot of
boards, one is the Miami Beach Development Corporation, and I have seen what -_
CD (Community Development) money has done over there. Believe me, believe me,
no one over there feels that it's a terrible stigma, as they have redeveloped =_
- South Beach, and they are now approaching Lincoln Road, to accept and operate _=
- rather prestigious development corporations with CD money. It's considered
very appropriate, it's very effective. I will tell you that I have lived in
Morningside Park for 50 years. My parents lived there before me, I have a
hone there now of my own, and I would really welcome the continuation of CD
funding for Biscayne Boulevard for the entire area.
Commissioner Plummer: Where do you live, ma'am?
Ms. Brody: I live on N.E. 57th Street between Biscayne Boulevard and the bay.
There are over 500 families that live in that section. Many of those people
would be very happy to come forward and speak of the benefits of CD funding...
261 June 11, 1992
n
Commissioner Plummer: And you have a business in that area?
Ms. Brody: No. I have a private home. I have a private home there, and I
really think it's terribly important to continue the CO funding for urban
blight, for the redevelopment of the business strip for all the neighbors.
Commissioner Plummer: So do we, but obviously there's people that don't agree
with you.
Ms. Brody: Yeah, but I think they are incorrect. And I think that basically
our real estate values are being protected by the CD improvements. I don't
think it's such a terrible stigma. I think we have to be realistic, if we
have, from the boulevard, all the way west to Hialeah, difficulty and
problematic areas, we have to address that. We can't close our eyes and say
we are a nice little neighborhood strip.
Mayor Suarez: This is a very nice philosophical argument coming on the fourth
or fifth of these hearings. Folks, we have got to move the item one way or
the other. Anything further? I think we are inclined to go, at least, for
another year with the target area to be redefined, perhaps after 12 months,
and after that money has been spent. So, maybe in fairness you should have
the last say, in case we vote that way.
Commissioner Plummer: And where would that target end, Mr. Mayor?
Mayor Suarez: The existing one? We wouldn't be changing it. Do you want to
define it?
Commissioner Plummer: The west side of Biscayne Boulevard?
Mr. Castaneda: That's right.
Commissioner Plummer: And that means, as such, it has to be declared as a
blighted area?
Dr. Lutton: It is a blighted area.
Mayor Suarez: Well, it's a... It's a... What he... Don't argue with him.
He means that you have to define it as part of the target area. Yes, you have
to define it as part of the target area. To the west of the boulevard. Yes.
Ms. Judy Clark: Jennifer wants to talk. Jennifer is...
Mayor Suarez: Jennifer?
Ms. Judy Clark: Jennifer happens to be representing the community of Bayside
today. I want to tell you that I myself did not come here to discard any
monies that might be available for our area, nor did I come here to not
represent the people who are eligible for those funds. The problem that we have is the boulevard itself. It is now a target area. It abuts the
neighborhood. This is a problem. And, Sherna, I don't know you but, quite
frankly, the community development money in South Beach is south of 5th
Street, and almost all of the preservationists are the ones who saved that
262 June 11, 1992
neighborhood further north from 5th Street up to 14th street. So there are a
lot of things that CDBG money can do. I don't want to scorn that or turn that
away in any way. As a matter of fact, I am a recipient of some of the grant
funding for an item I have been working on to take away to motels on the
boulevard. We are not trying to stop that. What we are trying to do is
maneuver it so we can have some breathing space. So, if you say it is going
to be 12 months, my suggestion is that we review it again. I would even be
willing to hold some sort of workshops. I don't think that the neighbors, or
the neighborhoods, truly understand this issue. This is a fairly complicated
issue. I have asked questions about who got the money in this area. We have
been a target area since 1987. What has happened?
Mayor Suarez: Well, there's a point...
Ms. Judy Clark: Who's received some funding?
Mayor Suarez: There's a point at which we simply cannot continue, as a City
Commission, discussing and deliberating the education of the neighborhood on
issues of this sort. You are just going to have to do that yourself.
Ms. Judy Clark: We will hold a workshop ourselves.
Mayor Suarez: However, your other remarks are very, very well taken. You
have suggested, I think rightly, that for the last few years, with the
boulevard, and with the association, there's been a lot of money put into
administration and very little into bricks and mortar, and actual
improvements. This Commission is quite impatient with that, as to any CBOs,
Community Based Organizations. I would say, don't come back in 12 months if
you haven't done what the neighbors can appreciate, tangible things, and maybe
don't come back at all because, hopefully, you will have improved the
boulevard so much that maybe the target area then is outside of the boulevard.
But I mean, at the very least, you are going to have to convince them of more
concrete improvements because they are not convinced, and they are right not
to be convinced because there haven't been too many. There's been a lot of
administration, and a lot of lobbying monies, and God knows what else from
what I read of your letters.
Dr. Lutton: Some of that was inaccurate in the letters. I have to say that.
Mayor Suarez: Well, I am sure it is. But I am telling you from what I have
seen up here, and what I have seen on the boulevard, there hasn't been that
much actually done, concretely, to improve the boulevard, and your point on
that is very well taken, and you are going to make them work if they expect
any funds in the next year.
Ms. Judy Clark: Well, the issue of funding for the Greater Biscayne Chamber
of Commerce is an issue at another time. We are only here to discuss the
target area today.
Mayor Suarez: Well, but the two are related as we have heard. All right.
Mr. Herb Bailey: I would like to put something...
Vice Mayor Alonso: But we are not taking any action on the funding today.
263 June 11. 1992
Ak-
Mayor Suarez: I no. I no. We are not taking any action on the funding.
Asst. Manager Bailey: I think it's important that we put, on the record, that =
if you are going to have a one year hiatus, and we are already involved in
spending pretty close to two to three hundred thousand dollars on a project
from CD funds, and if the decision comes at a later date that you are no _
longer part of the target area, we will have to stop today, because it will
take one to two years...
Mayor Suarez: I don't think so, Herb. I think that is overstating it. I
think at that point, a year from now, you can report back to us. If we are
inclined to undeflne it, we can figure out a way with HUD to say, listen, we
are heading toward a situation where the improvements are such that we want to
exclude them, but we, obviously, want to complete the expenditure of the
funds. I think that that is over stating it a little bit, but I understand
your concern and we do have to take that into account in 12 months.
Commissioner Plummer: Can I ask a question? Of the things here, Herb, they
get fifty thousand dollars, is that correct?
Asst. Manager Bailey: For the CBO, yes.
Commissioner Plummer: And of all of this here, this executive director,
assistant director, phones, liability, workmen's comp, FICA (Federal Insurance
Contribution Act), unemployment. How much money goes for that?
Asst. Manager Bailey: That's paid out of the fifty thousand.
Dr. Lutton: We also generate seventeen thousand.
Commissioner Plummer: Excuse me.
what I will call administration?
Asst. Manager Bailey: All of it.
Commissioner Plummer: All of it.
Asst. Manager Bailey: All of it.
How much of the fifty thousand goes for,
Dr. Lutton: It's an administrative grant.
Commissioner Plummer: It says here twenty-four thousand is allocated for the
Facade Program,
Asst. Manager Bailey: That's extra. That's a commercial facade.
Dr. Lutton: That's another grant that we drummed up. It's an administrative
grant, and then we also generate other funds through grants and fund-raisers
of our own. This year we generated seventeen thousand dollars just from
donors and fund-raiser that we held. And that money has gone for various
projects that we are doing, that are listed there. The most recent being the
motel owners workshop, that we feet was very successful. We had 90 people
available. Some of the homeowners in the area just want to close the motels
264 June 11, 1992
f
down, and we, as business people, feel that's the wrong approach. We are
trying to help them improve their businesses, and those things cost money, to
generate new ways for them to do business. Those are... The CBOs all over _
the City, Mr. Plummer, get those administrative grants. I think if you ask
your staff they will be glad to tell you that this is not unusual. All of the
CBOs get administrative grants.
Mayor Suarez: All right, folks.
Commissioner Plummer: Yeah, but not all of them are fighting among
themselves.
Dr. Lutton: Well, we are not fighting among ourselves in the chamber. We
have some residents who are unhappy, and some of the information that those
residents have, and the reason it has made them unhappy, is inaccurate.
Ms. Jennifer Clark: Excuse me, if I may. My name is Jennifer Clark, and I am
here to represent the...
Mayor Suarez: Jennifer, final statement and then, Commissioners, we either
vote, if we need to vote on it, or do absolutely nothing on the item, which I
think procedurally is the more correct...
Ms. Jennifer Clark: I am here to represent the Home Owners Association of
Bayside, and my Board has asked me to come here to ask this Commission to
remove the target area. Bayside runs from 61st Street to 72nd Street, and we
would like it moved from our area. And I am not here to ask you, you know, if
you are going to do special housing in certain pocket parts, on the west side
of the boulevard, we don't have a problem with that. We don't feel that
having a target area abut our homes, on Biscayne Boulevard,...
Mayor Suarez: Why do we need it...
Ms. Jennifer Clark: ...helps us with either retail or any other types of
businesses...
Mayor Suarez: Please. Please. Jennifer.
Ms. Jennifer Clark: ...that we are trying to...
Mayor Suarez: Jennifer.
Ms. Jennifer Clark: Thank you, Mayor Suarez.
Mayor Suarez: You are over doing it. Why do we need it from 61st to 72nd,
Frank? Frank. Mr. Castaneda, our Director of Development, not friendly
counsel.
Mr. Castaneda: Well, Commissioner, that's right in the middle of Biscayne
Boulevard. I am sorry, Mayor.
Commissioner Plummer: On the west side is probably the worst of the whole
damn boulevard.
265 June 11, 1992
Ya
i
Mayor Suarez: Why do we need it from 61st to 72nd? Don't tell me that's in
the middle of Biscayne Boulevard. That is Biscayne Boulevard. Why from 61st_
to 72nd?
Mr. Castaneda: The best area is from 54th to 36th.
Mayor Suarez: You are saying that the worst living conditions, and -
socioeconomic conditions are, in fact, from... -
Vice Mayor Alonso: May I see the other one?
Mayor Suarez: ...61st to 72nd?
Commissioner Plummer: West of the boulevard.
Vice Mayor Alonso: May I see this one?
Ms. Jennifer Clark: West of the boulevard, Mayor Suarez.
Mayor Suarez: We know that.
Vice Mayor Alonso: No, Frank. The other one that you are holding.
Mayor Suarez: All right. That answers that question, I guess. It goes to
show, you know, that people are not divided by streets, and all of these
things are somewhat artificial. --
Vice Mayor Alonso: They are different.
-
Mayor Suarez: You can't do them on a east, west, or a, north, south, it's
just people are not that way. Thank God. = -
Commissioner Plummer: I would rather take the money and clean up 62nd, 63rd,_
and 64th Streets. _
Mayor Suarez: All right. Commissioners, what's you pleasure on this item?
Is anybody have... Do we need to make a motion if we are satisfied with the
target area as it stands?
Vice Mayor Alonso: We are not satisfied. Not all of us but...
Mayor Suarez:
here?
What happened to the City Attorney. Do we have a City Attorney
City Attorney Jones: Yes.
Mayor Suarez: Do we need to make any motion if we are satisfied?
Commissioner Plummer: Only if you are changing it.
City Attorney Jones:
know.
No, because you are not making any changes so... You
266 June 11, 1992
Mayor Suarez: All right. Does anybody have any motion that they want to make
to consider changing, modifying or otherwise... All right. Thank you, folks.
We will be here when, I presume, we have the issue of funding again. I have a
list of many items that the Manager has indicated that are of great public
interest. Try to go through them as quickly as possible.
Commissioner Plummer: Of interest to him.
Mayor Suarez: We lost one Commissioner, but we have...
not be back today but we are going to...
Commissioner Plummer: Can I go home?
Vice Mayor Alonso: I've been asked...
Presumably he will
Mayor Suarez: The rest of us, I think, are going to be here for the duration,
and we should be able to get through all of your items, so there is no... Can
somebody find out what the gentleman wants and see if he can resolve it
without...
Comnissioner Plummer: Take him in a corner.
Mayor Suarez: ...doing it in front of the Commission, please. Thank you.
All right. Commissioners...
Commissioner Plummer: What item?
Mayor Suarez: Item 14. I think it's the next one we got.
Vice Mayor Alonso: Mr. Mayor.
Mayor Suarez: Yes, Vice Mayor Alonso.
39. (A) (Continued Discussion) RECONSIDER PRIOR VOTE (WHICH HAD FAILED TO —
PASS CA-4) CONCERNING PROPOSED RESOLUTION AUTHORIZING PURCHASE
OF DECISION SUPPORT'S EZSPEC/DARGAL ADHOC REPORTING SOFTWARE
PERPETUAL LICENSE (See label 6).
(B) AUTHORIZE PURCHASE OF DECISION SUPPORT-S EZSPEC/DARGAL ADHOC
REPORTING SOFTWARE PERPETUAL LICENSE, PLUS MAINTENANCE AND _=
REFERENCE MANUALS FROM: SOFTWARE CLEARING HOUSE.
------------------------------------------------------------------------------
�i
Vice Mayor Alonso: Yes. I was supposed to... I was asked by the Police
Department to bring back item CA-4.
City Manager Odio: What?
Vice Mayor Alonso: But I see that Commissioner left. Do you still want me
_► to...
=`t Commissioner Plummer: Is that on the bow -wows?
=; -
267 June 11, 1992
-; v
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am
141
MR
Ask
e
Lt. Joseph Longueira: No. That was the...
City Manager Odio: Computer.
Lt. Longueira: ...a computer item, but you had defeated that and I don't know
if you can bring it up without...
Commissioner Plummer: Is that the one on the easy step computer program for
thirty-eight thousand?
Lt. Longueira: Yes, sir.
G
Vice Mayor Alonso: He hasn't changed his mind. -
Commissioner Plummer: Yes, he did.
Lt. Longueira: Can you bring it back up without the Commissioner?
Commissioner Plummer: I don't care. Go ahead.
Vice Mayor Alonso: OK. I will bring it back. CA-14 for reconsideration.
Mayor Suarez: CA-14?
Lt. Longueira: CA-4.
City Manager Odio: Four.
Vice Mayor Alonso: CA-4.
Commissioner Plummer: Four.
Vice Mayor Alonso: Excuse me. CA-4.
Mayor Suarez: OK. That's not the dog is it?
Commissioner Plummer: No. This is the computer software.
City Manager Odio: No. The dog is three. —
Mayor Suarez: All right. On CA-4, move to reconsider.
Commissioner Plummer: On behalf of Christine Abrams, I'll second it. `
Mayor Suarez: Did we actually take action on it, or did we simply table the
item?
Commissioner Plummer: No. We denied it.
- Mayor Suarez: All right. Call the roll on the motion to reconsider.
J
=_ 268 June 11, 1992
=4
=i —
The following motion was introduced by Vice Mayor Alonso, who moved its
adoption:
MOTION NO. 92-401
A MOTION TO RECONSIDER CONSENT AGENDA ITEM CA-4
[PROPOSED RESOLUTION AUTHORIZING THE PURCHASE OF
DECISION SUPPORT'S EZSPEC/DARGAL ADHOC REPORTING
SOFTWARE PERPETUAL LICENSE (SUPPORT MAINTENANCE PLUS
MANUALS) FROM SOFTWARE CLEARING HOUSE].
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner De Yurre: Mr. Mayor, if I may, a second.
Mayor Suarez: Commissioner.
Commissioner De Yurre: Somebody may have misplace this. This was left over
here. I don't know if this belongs to anyone. Is this yours?
Manuel Gonzalez-Goenaga: Yes.
Commissioner De Yurre: You sure?
Mr. Gonzalez-Goenaga: Sure.
Commissioner De Yurre: OK.
Mr. Gonzalez-Goenaga: When the Mayor threw me out, I was asking why my papers
were stolen.
Commissioner De Yurre: So those were yours?
Mr. Gonzalez-Goenaga: OK. Nothing personal.
Commissioner De Yurre: No. Nothing personal. Nothing too personal.
Mr. Gonzalez-Goenaga: You can have them.
Commissioner De Yurre: OK, fine. I am going to direct... I am going to give
this to the City Administrator to investigate this matter fully as far as
obscene language, deflamatory, libelous, and you contact also...
=` Mr. Gonzalez-Goenaga: That has been going on all through town.
269 June 11, 1992 _
a =
Commissioner De Yurre: Well, you are passing it out. r-
Mr. Gonzalez-Goenaga: Well, it's my privilege... [INAUDIBLE COMMENTS] ...but
somebody stole those papers, for your information. - —
Mayor Suarez: All right, sir. If... The Manager is going to have the
documents if you want to file any complaints...
Mr. Gonzalez-Goenaga: Yes. _
Mayor Suarez: ...you can do so. -
Mr. Gonzalez-Goenaga: With the Police Department. _
Mayor Suarez: That's right. Vice Mayor Alonso. On CA-4...
Vice Mayor Alonso: CA-4 I move for approval.
Mayor Suarez: Move for approval on CA-4. Do we have a second?
Commissioner Plummer: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
270 June 11, 1992
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-402
- A RESOLUTION AUTHORIZING THE PURCHASE OF DECISION
SUPPORT'S EZSPEC/DARGAL ADHOC REPORTING SOFTWARE
PERPETUAL LICENSE IN THE AMOUNT OF $38,000.00, =
SUPPORTS MAINTENANCE AT A FIRST YEAR COST OF
$8,910.00, AND REFERENCE MANUALS IN THE AMOUNT OF
_ $120.00 FOR A TOTAL PROPOSED COST OF $47,030.00 FROM
SOFTWARE CLEARING HOUSE, (RENTAL OF SAID SOFTWARE WAS
APPROVED FOR A ONE YEAR EVALUATION PERIOD, AT A TOTAL
COST OF $20,000.00, PURSUANT TO RESOLUTION NO. 91-207 _
ADOPTED MARCH 14, 1991); FURTHER, PURSUANT TO THE _
CONTRACT BETWEEN THE CITY OF MIAMI AND SOFTWARE
CLEARING HOUSE, DATED JUNE 26, 1991, $16,000.00 OF THE �-
HEREINABOVE $20,000.00 ONE YEAR RENTAL FEE WILL BE
CREDITED TO THE PERPETUAL LICENSE COST UPON EXECUTION
OF THE PURCHASE OPTION PRIOR TO JULY 1, 1992;
ALLOCATING FUNDS THEREFOR FROM VARIOUS CITY
DEPARTMENTS AS FOLLOWS: POLICE ACCOUNT NO. 290201-335
($12,000.00), FIRE RESCUE AND INSPECTION SERVICES =
ACCOUNT NO. 280401-335 ($12,000.00), PLANNING BUILDING
_ AND ZONING ACCOUNT NO. 560701-335 ($12,000.00),
FINANCE ACCOUNT NO. 260701-355 ($5,030.00), LABOR - —
RELATIONS ACCOUNT NO. 270501-355 ($3,000.00), GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE ACCOUNT NO.
420901-335 ($2,000.00), AND PERSONNEL MANAGEMENT
ACCOUNT NO. 270101-335 ($1,000.00), FOR A TOTAL AMOUNT
_ OF $47,030.00; AUTHORIZING THE CITY MANAGER TO =
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID ACQUISITION AND THEREAFTER TO
EXTEND THE ANNUAL SUPPORT MAINTENANCE IN ACCORDANCE
WITH THE TERMS AND CONDITIONS AS SET FORTH IN A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
AND SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote: -
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
=� Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
271 June 11, 1992
ANK
---------------- -- w
40. (A) APPOINT INDIVIDUALS TO SELECTION COMMITTEE CONCERNING RFP SEEKING --
FINANCIAL ADVISORY SERVICES. (Appointed were: Linda Wolf,
Jorge Luis Hernandez and Manuel Alonso-Poch.)
(B) AUTHORIZE MANAGER TO ADVERTISE f DISTRIBUTE REQUEST FOR PROPOSALS
(RFP) FOR FINANCIAL ADVISORY SERVICES.
Mayor Suarez: All right.
selection committee?
Item 14 then... Do we just have to appoint a
City Manager Odio: That's all, Mr. Mayor, and we need to...
- Mayor Suarez: Each one of us has a nomination?
Commissioner Plummer: This is item 14.
Vice Mayor Alonso: For 14.
Mayor Suarez: I nominate Linda Wolf, staff of DDA (Downtown Development
Authority). Yes.
City Manager Odio: Fourteen.
Vice Mayor Alonso: Yes, I have Jorge Luis Hernandez.
Mayor Suarez: Jorge Luis Hernandez, any other nominations?
Commissioner Plummer: How many members of the committee?
City Manager Odio: Total? Let me see.
Commissioner Plummer: How many members of the committee?
City Manager Odio: I am looking for that. Just a minute. I understood that
we might have to change that since you wanted a majority of appointees...
Commissioner Plummer: That's why I am asking.
City Manager Odio: I am trying to find out...
City Attorney Jones: You got one by each Commissioner. —
City Manager Odio: One by each Commissioner. That's all.
Commissioner Plummer: How many members, total, of the committee? If there's
one by each Commissioner? Or is in-house less than four?
' City Attorney Jones: it doesn't mention anything about in-house.
City Manager Odio: Well, lets...
272 June 11, 1992
Commissioner Plummer: Or do we need any in-house?
City Manager Odio: You don't need any in-house.
Commissioner Plummer: OK. Then five members of the committee will be by the
Commission.
City Manager Odio: OK.
Commissioner Plummer: Is that understood?
City Manager Odio: Yes.
City Attorney Jones: That's the way it is set up.
Commissioner Plummer: OK. Fine. I will give you mine later, Mr. Mayor.
Mayor Suarez: All right. As to the two nominated, we have a motion and a
second. _
Vice Mayor Alonso: Yes.
Mayor Suarez: Please call the roll.
Commissioner Plummer: Second.
Commissioner De Yurre: Are we each nominating one?
Commissioner Plummer: Yes.
Mayor Suarez: Yes.
Commissioner De Yurre: And what are the two names that we have now?
Mayor Suarez: Linda Wolf, and Jorge Luis Hernandez.
Commissioner De Yurre: OK. I will nominate Manny Alonso-Poch.
Mayor Suarez: Manny Alonso-Poch. Those three nomination. Call the roll
please.
The following motion was introduced by Vice Mayor Alonso, who moved its
= adoption:
MOTION NO. 92-403
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO THE
= SELECTION COMMITTEE FOR FINANCIAL ADVISORY SERVICES:
LINDA WOLF (nominated by Mayor Suarez)
JORGE LUIS HERNANDEZ (nominated by Commissioner De
Yurre)
(Note: pending still are two nominations to be made,
one each from Commissioners Plummer and Dawkins.)
273 June 11, 1992
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Y
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: Item 16.
City Attorney Jones: Mr. Mayor, on that item it also requests an
authorization to advertise for an RFP (Requests For Proposals). So the ^-
nomination of the selection committee are secondary. You need to take a vote
on that or defer it.
Vice Mayor Alonso: What?
Mayor Suarez: To prepare a Charter amendment to change the status of the _
department of Off -Street Parking from that of a semiautonomous agency.
Vice Mayor Alonso: Yeah. But 15,...
Commissioner Plummer: Is that what you are talking about?
Vice Mayor Alonso: ...we are not going to...
Commissioner Plummer: No. He's talking about 14, aren't you?
City Attorney Jones: Yes.
Mayor Suarez: I am talking about item 16...
Commissioner Plummer: He's talking 14.
Mayor Suarez: ...is the one I called, and now you are going back to 14. We
are not dealing with 15. It is not on the list that I was given of the ones
of great public input, but we will get back to 15, Madam Vice Mayor, if you
would like or if it's appropriate.
Vice Mayor Alonso: No. I have no interest, but I was wondering.
Mayor Suarez: All right. I was ahead here. I guess, City Attorney, you want
to say something about 14.
City Attorney Jones: Yeah. I was saying on item 14 it is a resolution
authorizing the advertisement and distribution of an RFP and you didn't take
any action on that.
Mayor Suarez: Do you need a vote on that, sir?
274 June 11, 1992
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1
City Attorney Jones: Yes, you do.
Mayor Suarez: All right. Please...
Vice Mayor Alonso: OK. So moved.
Mayor Suarez: So moved.
Commissioner Plummer: Second.
Mayor Suarez: Second. Call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-404
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING AND
INSTRUCTING THE CITY MANAGER TO ADVERTISE AND
DISTRIBUTE THE ATTACHED REQUEST FOR PROPOSALS (RFP),
IN SUBSTANTIALLY THE ATTACHED FORM, FOR FINANCIAL
ADVISORY SERVICES FOR A TWO-YEAR PERIOD WITH THREE
ONE-YEAR RENEWAL PERIODS EXERCISABLE AT THE OPTION OF
THE CITY; PROVIDING FOR ESTABLISHMENT OF A SELECTION
COMMITTEE; AND APPOINTING CERTAIN INDIVIDUALS TO THE
SELECTION COMMITTEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
-- NOES: None.
ABSENT: Commissioner Miller J. Dawkins
275 June 11, 1992
i
t>
41. DISCUSS AND DEFER (TO JULY 9TH MEETING) CONSIDERATION OF PROPOSED
RESOLUTION DIRECTING CITY ATTORNEY TO PREPARE A CHARTER AMENDMENT TO
CHANGE STATUS OF DEPARTMENT OF OFF-STREET PARKING FROM THAT OF A SEMI-
AUTONOMOUS AGENCY TO THAT OF A DEPARTMENT OF THE CITY.
Mayor Suarez: Item 16. Do we have any feedback on the issue that is being
proposed here from the legal standpoint, Mr. City Attorney? I know there was
some discussion of expanding the board and having a Commissioner be the
chairperson, that is something I have always wanted to do. I still think it's
a good idea and I keep being told that it is a doubtful legality.
Vice Mayor Alonso: According to the...
City Attorney Jones: Two items...
Vice Mayor Alonso: We cannot do it.
City Attorney Jones: Two items...
Commissioner Plummer: What is the difference between 16 and 17?
City Manager Odio: Sixteen you are asking to be a department, and on 17 you
want what the Mayor says.
City Attorney Jones: Chairperson...
Mayor Suarez: All right. Back to what I was trying to say.
Commissioner Plummer: You want... Wait... Excuse me. You are asking in 16
that the agency become a department of the City?
Mayor Suarez: Right.
Commissioner Plummer: So you are asking for it to be a failure.
City Manager Odio: Well, that is what you...
City Attorney Jones: Look...
Mayor Suarez: May I complete what I was saying?
City Attorney Jones: I am sorry.
Mayor Suarez: My colleague on my left and my Manager. I know what item 16 is
and I know what item 17 is. I was reviewing how all of this came before us,
at least to my involvement, which I think was the first one I got involved in
all of this in recent months. I wanted to have a Commissioner sit as chairman
of this authority. I still do. I keep hearing that that has all kinds...
Commissioner Plummer: That is 17.
276 June 11, 1992
Mayor Suarez: ...of legal problems associated...
Vice Mayor Alonso: That is 16.
Mayor Suarez: ...with it.
Commissioner Plummer: Sixteen...
Mayor Suarez: I believe that is what may be included in item 17.
Commissioner Plummer: No. Sixteen...
Mayor Suarez: Now, it is related to item 16 because of a result of that
discussion the other idea that came forth which I enunciated, and I think
Commissioner Dawkins, who is not with us, is particularly supportive of, was
to simply "abolish the authority as an authority and make it an agency of the
City." Similarly to the concerns that you have as to the expansion of the
board, and inclusion of a Commissioner as ex officio chairman. Do you have
concerns, Mr. City Attorney, as to what 1s contained in item 16, and if so,
what are those legal concerns?
City Attorney Jones: Yeah. Mr. Mayor, members of the Commission, I
distributed yesterday, and I don't know whether each of you has had an
opportunity to review it. But anyway, the two concerns I have, basically,
expressed in the memorandum which relate to...
Mayor Suarez: Are they concerns that would make you, without getting into the
details of them, sort of recommend against what we are proposing in 16?
City Attorney Jones: OK. As it relates to the chairperson, yes,
definitely,...
Mayor Suarez: That is 17. How about 16?
City Attorney Jones: ...and, of course, as relates to abolishing and making it a department under the auspices, presumably as I understood it, that would
report to the City Commission, that can be done by referendum.
Mayor Suarez: I have heard concerns from the operational side, that this
would create an increase in the expenditures of the department, by virtue of
everybody being, all of a sudden, a City employee. I gather from Commissioner
Plumner's remarks, which I myself interrupted, that you have a lot of concerns
about this idea, Commissioner Plummer. Is that correct?
Commissioner Plummer: Well, I have concerns about turning it into a City
department. I have no problem with going to the voters, and allowing them to
vote upon the fact, which has to be done by the voters, of making a City
Commissioner chairman of that board.
=� Mayor Suarez: I would...
-� Commissioner Plummer: OK. Not an ex officio member.
—` 277 June 11, 1992
3�.
j
Mayor Suarez: Right.
Commissioner Plummer: I think that is ridiculous.
Mayor Suarez: I would suggest the following. Commissioner Dawkins isn't
here. He may or may not be one of the ones that feels the strongest about
making it an agency of the City. I have seen this agency function under Mr.
Cook, and the new board members, and I am satisfied that we have a very good
working relationship. And so I for myself would be willing to bypass,
entirely, item 16 unless any other Commissioner thinks that we ought to get
into that, and, of course, Commissioner Dawkins may at a later time, since he
is not here.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Item 17, on the other hand... Unless you have got... Unless
you would like to move on 16, or Vice Mayor or Commissioner De Yurre.
Commissioner Plummer: My understanding would be that if you abolish the board
and make it a City department, there is nothing to vote on in 17 because...
No. If it is a City...
Vice Mayor Alonso: Of course, because it is a department...
Commissioner Plummer: That is it. It's a City department, and as such, comes
under the Manager, according to the Charter.
Mayor Suarez: I don't necessarily agree with any of those arguments, folks,
but I do agree that it is not necessary, and if anyone feels like going into
16 we can do so, if not, we can skip it. How is that?
Commissioner Plummer: The final thing I have, Mr. Mayor, I have no qualms
waiting for my colleague, if we still meet the time deadline, which is the
important criteria.
Mayor Suarez: Well, he may have only one vote on this because I have changed
my position on it, is what I am telling you. I don't have any particular
interest in 16, if it has the additional problem of not even giving us a board
that we can appoint another member of this Commission to as chairman, then
that is another reason I haven't even thought about. That is another reason
for not doing it.
Commissioner Plummer: Well, you know...
Mayor Suarez: So, now he may want to take it up at a later time, in which
case he can,...
Commissioner Plummer: What's the deadline?
City Attorney Jones: That is what I am getting ready to address.
Mayor Suarez: ...but unless one of the four who is here would like it decided
and debated today, there is no point in going into it. Right?
278 June 11, 1992
City Attorney Jones: Mr. Mayor, Commissioner Plummer has just asked about the
deadline. The only meeting that you can make now. The only election that you
can make now would be November 3rd, and in any event, you would have to take
action at either the meeting of the 9th...
42. (A) DIRECT CITY ATTORNEY TO DRAFT A CITY CHARTER AMENDMENT PROVIDING
THAT A CITY COMMISSIONER, SERVING EX OFFICIO ON THE OFF-STREET
PARKING BOARD, BECOME A MEMBER AND CHAIRPERSON OF SAID BOARD
WITH THE RIGHT TO VOTE.
(B) COMMISSIONER PLUMMER INSTRUCTS CITY ATTORNEY TO PREPARE
LEGISLATION PROVIDING THAT ANY MEMBER OF THE COMMISSION SITTING
ON THE BAYFRONT PARK MANAGEMENT TRUST SHALL SERVE IN THE
CAPACITY OF CHAIRMAN.
Mayor Suarez: All right. Reschedule it for the meeting of the 9th, as a
courtesy to Commissioner Dawkins. How is that? OK. Item 17.
Commissioner Plummer: Is that 16 and 17, Mr. Mayor?
Vice Mayor Alonso: No.
Mayor Suarez: Sixteen.
Commissioner Plummer: Sixteen only.
Mayor Suarez: Seventeen let us now get into. Apparently we have more
interest...
Commissioner Plummer: All right. Can I...
Mayor Suarez: ...here on this Commission.
Commissioner Plummer: ...ask a question please, sir?
Mayor Suarez: Yes.
Commissioner Plummer: Mr. Mayor, I have kind of a funny feeling sitting on
the Bayfront Park Authority. As a member of this Commission, and not even
being a voting member of that board, I think that if you are going to make
Commissioners in charge, that I think consideration, and, you know, as I have
said, I would love to get off the board, or even...
Mayor Suarez: We are not going to let you do that.
Commissioner Plummer: All right. But what I think is if you are going to
send a Commissioner there, I think serious consideration should be given that
he be chairman of any authority that he sits on.
Mayor Suarez: Absolutely. That was our intent, and that is what we had hoped
for, and, in fact, I thought that is the way it was. You do chair the
meetings, don't you?
279 June 11, 1992
F
Commissioner Plummer: No, sir. I am not even a voting member...
Mayor Suarez: Well...
Commissioner Plummer: ...of that board. And 1 sometimes wonder...
Mayor Suarez: Well I would hope that...
Commissioner Plummer: ...what the hell I am doing there.
Mayor Suarez: ...if we can solve the more difficult problem of a Charter
agency, like the offstreet parking having a Commission board member, and ex —
officio chairperson, like the authority has et cetera, that we could then do
the same thing for the Bayfront Park Management Trust,... _
Commissioner Plummer: Well, I would hope...
Mayor Suarez: ...which has no great streams of revenues at all, no bonding,
certainly, and none of the other complications.
Vice Mayor Alonso: Yeah. But listen to Mr. Jones' opinion on 17.
City Attorney Jones: My opinion on 17. As expressed, and I think I have
indicated to you...
Mayor Suarez: You have great doubts about the legality of it and the
implications for other...
City Attorney Jones: OK.
Mayor Suarez: ...agencies.
City Attorney Jones: Let me just say this. I think the Attorney General and
the case taw is clear, that there may very well be, as we perceive, a problem
with dual office holding. As you know, this particular...
Mayor Suarez: The Attorney General is clear, that there maybe very well may
be as we perceive.
City Attorney Jones: Yes. My office as I perceive, we perceive, whatever.
Mayor Suarez: That is...
City Attorney Jones: That is my choice of words, Mr. Mayor.
Mayor Suarez: ...a lot of disclaimers added on to something that apparently
was clear from the Attorney General's...
City Attorney Jones: OK.
Mayor Suarez: Why don't you do this, unless anybody has any problems. It is
going to cost a little time.
280 June 11, 1992
.fR 1
4
4
'4.
City Attorney Jones: Yeah.
Mayor Suarez: You know, we could help you. Possibly...
City Attorney Jones: OK.
Mayor Suarez: ...up here. Why don't we do a file for a declaratory judgement
on the issue. Rather than have Mike Kosnitzky on the board go totally
bananas, as he did the other day on the phone with me, and threaten legal —
action, the ugly scenario of a City Board filing suit against the City, as I =
think they did last time, although, I think they found some citizen and
somehow funded, I don't know how they did it.
City Attorney Jones: Mr. Mayor, I don't believe...
Mayor Suarez: Why don't we get a declaratory judgement.
City Attorney Jones: I don't believe that...
Mayor Suarez: The Commission want to do this.
City Attorney Jones: I know that you want to do it. I am just telling you
what the legal constraints are.
Mayor Suarez: You think we are going to lose.
Cit Attorney Jones: I don't think that what you are proposing in terms of a
.dec�. action is that it is appropriate. There are no rights to declare, for
the court to declare.
Mayor Suarez: This Commission wanting to have a member of its board sit as ex
officio chairman of a City authority... _
Commissioner Plummer: Why ex officio?
City Attorney Jones: But that 1s not a right. That is not a right...
Mayor Suarez: Mean by virtue of this office.
City Attorney Jones: ...that the court can declare. _
Mayor Suarez: In other words, having dual office in effect.
City Attorney Jones: Let me just say this to you because I...
Mayor Suarez: You think we would lose. Is that what you are saying or are
you...
_ City Attorney Jones: I don't think that the court would even entertain
jurisdiction on a deck action regarding this issue.
Mayor Suarez: How about a specific Attorney General opinion that we could get
on this specific issue.
=! 281 June 11, 1992
i
City Attorney Jones: Weil, we have one that is almost on point. Not only
that...
Mayor Suarez: Almost on point.
City Attorney Jones: Not only that, you have as I was about to say, back in
1990, I think the court's decision is quite clear. But since that time, you _
have to keep in mind that the test is that the two offices have to be
compatible, and, of course, if they aren't compatible then you violate the
constitution of dual office holding positions.
Mayor Suarez: If they aren't compatible?
City Attorney Jones: If they are not compatible.
Mayor Suarez: Well, I can't imagine two more compatible than those two.
City Attorney Jones: OK. Well, let me just briefly...
Commissioner Plummer: We do their budget.
City Attorney Jones: Let me just briefly say to you what the court has
determined as incompatibility. Incompatibility exists where, and this is
quote, "where an established governmental scheme, one office is subordinate to
another, or subject to its supervision or control, or the duties clash
inviting the incumbent to prefer one obligation to another. If the duties of
the two offices are such that when placed in one person they might dis-serve
the public interest, or if the respective might, or will conflict, even on
rare occasions, it 1s sufficient to declare them legally incompatible," which
would meant that it would violate...
Mayor Suarez: I think they are totally compatible.
City Attorney Jones: OK. Well. That is the same concern...
Commissioner Plummer: I'll tell you what you do.
City Attorney Jones: ...the Judge Orr noted in ruling, as he did, in the last
case.
Vice Mayor Alonso: What about DDA and the Sport Authority?
_- City Attorney Jones: Well. If you want to get into the mechanics of how
those are set up, those are specifically different.
Vice Mayor Alonso: Well, just answer the simple question, how it is
different?
City Attorney Jones: OK. With respect to DDA. DDA was... —
Commissioner Plummer: DEA?
City Attorney Jones: DDA.
282 June 11, 1992
Commissioner Plummer: Oh.
City Attorney Jones: I didn't think I spoke that poorly, but anyway, with
respect to DDA the special act that created that specifically set forth that
the Mayor would be a member of that particular authority. -
Mayor Suarez: The state...
Vice Mayor Alonso: He is not.
City Attorney Jones: And that was done by the state legislature.
Mayor Suarez: And we substituted a Commissioner...
City Attorney Jones: Yeah.
Mayor Suarez: ...now thinking...
City Attorney Jones: OK.
Mayor Suarez: ...along the same lines of the intentions of the state, right,
not being violated.
City Attorney Jones: Now, keeping in mind that with respect to Department of
Off -Street Parking, that was, at one point, a special act which directly
amended the City of Miami's Charter as opposed to DDA, which encompassed all
municipalities over the state of Florida. That is the distinguishing factor
between those two, and I understand completely what you are saying, Madam Vice
Mayor, with respect to a Commissioner, or whatever, being on that particular
authority. The only thing I can tell you, yes, if someone were of the mindset
to challenge it, there might be some problems, whatever else, but I am only
concerned, at this point, and I know that you are very much concerned with the
way it is configured, or the attempted configuration of putting a Commissioner
chairperson there. I just feel, very strongly, and mind you I have no qualms
about going forth, litigating or whatever else. But I think that the, again,
as I stated to you, I think that the case law is very clear, and the previous
actions, when this was attempted before, was totally against us, and I think
we would be fighting a losing cause, and certainly that is simply my opinion,
and you don't have to abide by it, but that is my best professional judgement
in this regard.
Commissioner Plummer: So where are we?
Vice Mayor Alonso: We want him to...
Commissioner Plummer: Let's do it the other way around. Let's go ahead and
do it and just leave as is until somebody challenges it, and knocks it down.
Put the monkey on somebodyelse's back.
Vice Mayor Alonso: Yes, and see what they do.
Commissioner Plummer: Never challenged, never challenged. What are we doing
about the Bayfront Park?
283 June 11, 1992
Vice Mayor Alonso: And if they do, then we will have to look into DDA and the
Sport Authority as well.
Mayor Suarez: My perception of things is that we have a lot of important
things to do in life. We would like to have a Commissioner sit as chairman of
the Off -Street Parking Authority, and I, personally, Madam Vice Mayor, and
member of the Commission, am willing to try it by any means legal challenges
notwithstanding. I don't think we should argue about it anymore. We should
put it on the ballot. If they want to challenge it, they can challenge it,
and last time Judge Naoler ruled, but not on the entire...
Vice Mayor Alonso: It was on the wording of the...
Mayor Suarez: ...merits of the case,...
Vice Mayor Alonso: No.
Mayor Suarez: ...and I, frankly... I mean we have folks here on many other
items. We have got to deal with budgetary situation between now and September
30th. We have got a four percent (4%) decrease in our tax base, ladies and
gentlemen, the first time in 25 years. The City's got to grapple with that.
We have got law -suits pending from before 1973, in one case, 1985, 1984...
Commissioner Plummer: Annexation.
Mayor Suarez: We have got the issue of the annexation by one of our
communities, and we cannot argue about the fine points of law, constantly up
here. Let's just move on it. We get challenged and we lose, so be it. I
don't think we are going to lose. I think they are entirely compatible. I
would be happy to make the argument to the District Court. It is my hope that
the judge that we would get would be enlightened, and that we would prevail.
But if we don't, we don't. Just like the voters might not approve it. I
think we ought to move on it, with all the reservations and disclaimers you
have put into the record, which we appreciate. You are trying to do your job
and advise us.
Mayor Suarez: Commissioners, anyone want to move the item? If not we are
going to move to the next one.
Commissioner Plummer: Well, I would move, Mr. Mayor, that the City Attorney
be instructed to prepare the language for a ballot, for us, to be voted upon
on July the 9th. As you indicated before, our colleague, who is not present,
has a lot to say, or would want to have a lot to say,...
Mayor Suarez: Yes.
Commissioner Plummer: ...so I would say since July the 9th is definitely the
deadline, for the last ballot that they go ahead and prepare, they have really
nothing a whole lot to do down there, that they prepare the necessary language
for the ballot...
Mayor Suarez: So. So move.
Vice Mayor Alonso: Second.
284 June 11, 1992
0
Commissioner Plummer: ...to come back on July 9th.
Mayor Suarez: 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.-405
A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE A
CITY CHARTER AMENDMENT THEREBY PROVIDING THAT A CITY
COMMISSIONER, SERVING EX OFFICIO ON THE OFF-STREET
PARKING BOARD BECOME A MEMBER AND CHAIRPERSON OF SAID
BOARD WITH THE RIGHT TO VOTE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: Item seven...
Commissioner Plummer: Mr. Mayor, I would ask you, please, to address, through
the City Attorney, for preparation, the problem that I brought forth relating
to Bayfront Park Trust. That the City Commissioner, whoever that might be
that serves there, be chairman of that board.
Mayor Suarez: All right. You need anything...
Commissioner Plummer: I would... Whatever is necessary for the City Attorney
to prepare...
Mayor Suarez: Yes.
Commissioner Plummer: ...an amendment to that bylaw.
Mayor Suarez: I don't think we need that in a form of a motion, but...
Commissioner Plummer: Whatever... Come back on the 9th.
Vice Mayor Alonso: Just instruct him.
285 June 11, 1992
Mayor Suarez: I would be favorably inclined... instruct...
---------------------------------- -------------------- ----- -------------------
43. REALLOCATE $100,000 IN 17TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS FROM CDBG PROJECT: CITYWIDE MULTIFAMILY REHABILITATION
HOUSING PROJECT -- TO PROVIDE A GRANT TO ST. JOHN COMMUNITY DEVELOPMENT
CORPORATION FOR PROVISION OF SAFETY / SECURITY IMPROVEMENTS AT THE ST.
JOHN RENTAL APARTMENT PROJECT (OVERTOWN NEIGHBORHOOD) -- SUBMIT
AMENDMENT TO APPROVED 17TH YEAR CDBG PROGRAM FINAL STATEMENT TO U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD).
------------------------------------------------------------------------------
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: You wanted to recognize Reverend Nevans?
Commissioner De Yurre: Yes. Reverend Nevans who is here. If he could just
approach for a second. I believe he has item 36, it is a...
Mayor Suarez: Reverend we need all of your blessings, and a few others you
might drum up.
Commissioner Plummer: We don't need his blessings. We need him to pass the
plate.
Reverend Henry Nevans: I am Henry Nevans, Pastor...
Commissioner De Yurre: Yes, I believe it is recommended by the
Administration, and I would so move.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Plummer: This is housing to be sold to individuals. Is that
correct? _
City Manager Odio: Thirty-six.
Commissioner Plummer: Is that correct? -
City Manager Odio: Yes.
Commissioner Plummer: Housing to be sold...
Mayor Suarez: Hone ownership. Is that what we are talking about? =-
Commissioner Plummer: ...for home ownerships for individuals. Is that
correct? -
286 June 11, 1992
Aftk
Vice Mayor Alonso: We are allocating a hundred thousand.
Reverend Nevans: It is rental property.
City Manager Odio: It is rental...
Commissioner De Yurre: Rental property.
Commissioner Plummer: I am sorry?
Commissioner De Yurre: Rental property.
Commissioner Plummer: Is there a reverter clause in this that if, 1n fact,
this ever goes out of existence that the property reverts back to the City of
Miami. -
Reverend Nevans: Yes.
Commissioner Plummer: There is such a clause, Mr. Manager? You hear that?
And I will expect that clause...
City Manager Odio: Let me check.
Commissioner Plummer: There is a clause of reverter for St. Johns that if it —
ever ceases to exist that it reverts back to the City of Miami.
Unidentified Speaker: That is in there.
Commissioner Plummer: Thank you, sir.
Vice Mayor Alonso: And part of this money is going to go for security.
City Manager Odio: To impede vandalism. Yes.
Vice Mayor Alonso: Security of... Yeah.
Commissioner Plummer: But it places the City of Miami in a first position, -
for any reason they go under.
Mayor Suarez: In a worst case scenario. All right?
Commissioner Plummer: Yes, sir.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
287 June 11, 1992
1 )
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-406
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO REALLOCATE AN AMOUNT NOT TO EXCEED $100,000
IN SEVENTEENTH (17TH) YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM FUNDS, FROM COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROJECT ENTITLED "CITYWIDE MULTIFAMILY
REHABILITATION HOUSING PROJECT", FOR THE PURPOSE OF
PROVIDING ASSISTANCE IN THE FORM OF A GRANT, TO ST.
JOHN COMMUNITY DEVELOPMENT CORPORATION FOR THE
PROVISION OF SAFETY/SECURITY IMPROVEMENTS AT THE ST.
JOHN RENTAL APARTMENT PROJECT LOCATION IN THE OVERTOWN
NEIGHBORHOOD; AUTHORIZING THE CITY MANAGER TO SUBMIT
AN AMENDMENT TO THE APPROVED SEVENTEENTH (17TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FINAL
STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) TO REFLECT THE PROPOSED REALLOCATED
AMOUNT; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE AGREEMENT, DATED DECEMBER
21, 1990, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
THE CITY OF MIAMI AND ST. JOHN COMMUNITY DEVELOPMENT
CORPORATION FOR THE SAID PURPOSE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
44. AMEND RESOLUTION 86-665 -- ALLOCATE ADDITIONAL $246,500 FROM LAW
ENFORCEMENT TRUST FUND TO CONTINUE ACTIVITIES OF FORFEITURE FUND DETAIL.
------------------------------------------------------------------------------
Mayor Suarez: Items 19, 20 and 21...
Reverend Nevans: Thank you very much.
Mayor Suarez: ...apparently are related. Thank you, Reverend. Thank you for
your blessings and prayers and everything else. You have been most eloquent
today. Are these related?
- 288 June 11, 1992
City Manager Odio: No they are not.
Commissioner Plummer: Why are these life or death issues?
City Manager Odio: No. We need to appropriate the funds for the Law
Enforcement Trust Fund because there are so many items that you have -
approved...
Commissioner Plummer: I don't see where they are life or death issues for
this meeting.
City Manager Odio: If we don't appropriate the funds today, you have approved
other items that come from that money, Commissioner.
Commissioner Plummer: So they can wait. Yeah, horse food.
Mayor Suarez: OK. Does anybody have any problems with item 19?
City Manager Odio: Please.
a =
Mayor Suarez: If not, I'll entertain a motion on it.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Do I have in here where these monies are going?
Mayor Suarez: Moved and seconded.
Commissioner Plummer: Nineteen.
Mayor Suarez: Commissioner Plummer, inquire.
Lt. Joseph Longueira: Commissioner, this was the item at the last meeting
that you had deferred to this one on funding the fund detail, and you wanted
specifics. We...
Commissioner Plummer: I don't have a list of where these monies are going.
City Manager Odio: We send that...
Lt. Longueira: This goes for the detail to fund the salaries of the people _
working 1n the unit.
City Manager Odio: We give them to you.
Lt. Longueira: Remember?
Mayor Suarez: This is the...
Lt. Longueira: It pays for the administration of the detail...
Mayor Suarez: This is the administrative part.
289 June 11, 1992
—-R1nLLa•;iK'+4':CY r+£i1fA'a>Mu�:.
19
F
Commissioner Plummer: OK.
Lt. Longueiras ...that forfeits the items.
Mayor Suarez: OK. 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. 92-407
A RESOLUTION AMENDING RESOLUTION NO. 86-665, AS
AMENDED, AND ALLOCATING, AN ADDITIONAL AMOUNT OF
$246,500 FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST
FUND TO CONTINUE THE ACTIVITIES OF THE FORFEITURE FUND
DETAIL, UPON SUCH COSTS AND EXPENSES 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.)
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.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING THE ROLL CALL:
Commissioner Plummer: Mr. Manager, in your backup material, page 2, section
5, additional funding 1n an amount not to exceed seven hundred ninety-six
thousand five hundred is hereby allocated in the Law Enforcement Trust Fund.
That is not two hundred and forty-six thousand.
City Manager Odio: The amount I have is two, forty-six, five hundred.
Commissioner Plummer: Mr. Manager, I am reading from the backup...
City Manager Odio: I am sorry.
Commissioner Plummer: ...of the resolution, sir.
City Manager Odio: It is an accumulative account.
Commissioner Plummer: Section 5, page 2.
City Manager Odio: Right.
290 June 11, 1992
Lt. Longueira: Yeah. Commissioner, that is the two hundred and
something added to the five -fifty.
City Manager Odio: Plus the five -fifty that was already in the account. It
an accumulative account.
Lt. Longueira: And it accumulates.
Commissioner Plummer: OK. But I think
that it is not... Are you telling me
thousand is going for Administrative?
City Manager Odio: No.
Lt. Longueira: No. No.
it 1s
fair
to tell
this
Commission
that
seven
hundred
and
ninety-six
City Manager Odio: That is the total account. The two -forty...
Commissioner Plummer: OK. I'll go back and check what I have.
City Manager Odio: OK.
45. AUTHORIZE ESTABLISHMENT OF UNIFORMED BIKE PATROL -- ALLOCATE
(Law Enforcement Trust Fund)
Mayor Suarez: What happened to 18?
City Manager Odio: I didn't think it was important.
$11,000
_
Mayor Suarez:
LETF money.
City Manager
Odio: This is the...
Mayor Suarez:
Is that what it was?
City Manager
Odio: This is the, yeah, Law Enforcement Transfer... This is
the bicycle...
Mayor Suarez:
Any controversy with 1t?
f
Commissioner
Plummer: Dawkins. Yes. No. Dawkins had something he wanted to =_
bring up on this.
City Manager
Odio: So that is why...
^`
Mayor Suarez:
But was it negative. Was it something that he would...
_f
Commissioner
Plummer: I believe it was, but I am not going to sit here and —
3
tell you for
sure. But he had some comment he wished to make on this. —
291 June 11, 1992
f
4
Olt �7'$COL...
w
City Manager Odio: Well...
Mayor Suarez: May want to have to negotiate with the Commissioner, Mary.
City Manager Odio: Let's wait.
Commissioner Plummer: On the bike patrol?
Ms. Mary Weber: OK. It was deferred one time already, and it would be nice
if we could get this passed, and in the works, and going.
Mayor Suarez: I will pass it subject to the Commissioner's request to
reconsider.
Vice Mayor Alonso: Yes.
Commissioner Plummer: That is fine.
Mayor Suarez: Don't implement it until you are sure he is OK with it, please.
City Manager Odio: I'll go and buy the bicycles.
Mayor Suarez: All right. Moved and seconded with that condition. Call the
roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-408
A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A
UNIFORM BIKE PATROL, AND ALLOCATING FUNDS THEREFOR, IN
AN AMOUNT NOT TO EXCEED $11,000, 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.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr. —
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
t
NOES: None.
-j
ABSENT: Commissioner Miller J. Dawkins
�7 -
-1 292 June 11, 1992
--------------------------------------------------------------------------------
46. ACCEPT BID: MIRI CONSTRUCTION, INC. -- FOR OVERTOWN STORM SEWER
RETROFITTING - PHASE III B-5586 (CIP 352276).
Mayor Suarez: Item 20.
Vice Mayor Alonso: Moved.
Mayor Suarez: LETF moved.
Commissioner Plummer: That was an absolute disaster before.
Mayor Suarez: I understand that to be a second. Thank you.
Commissioner Plummer: No. Not this. I was talking about the bike patrol.
Mayor Suarez: Commissioner Plummer. Call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-409
A RESOLUTION ACCEPTING THE BID OF MIRI CONSTRUCTION,
INC., IN THE PROPOSED AMOUNT NOT TO EXCEED
$1,132,800.00 TOTAL BID OF THE PROPOSAL, FOR OVERTOWN
STORM SEWER RETROFITTING - PHASE III B-5586;
ALLOCATING MONIES THEREFOR FROM THE FISCAL YEAR 1991-
92 CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT
NO. 352276, IN THE AMOUNT OF $1,132,800.00 TO COVER
THE CONTRACT COST AND $214,006.00 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$1,346,806.00; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
293
June 11, 1992
r
------------------------------------------------------------------------------
47. ACCEPT BID: HOFFEN CORPORATION (TOTAL BID) -- FOR N.W. 15TH AVENUE
PAVING PROJECT B-4548 (CIP 341175).
Mayor Suarez: Item 21. Another LETF.
Vice Mayor Alonso: Moved.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-410
A RESOLUTION ACCEPTING THE BID OF HOFFEN CORPORATION,
IN THE PROPOSED AMOUNT NOT TO EXCEED $123,890.00 TOTAL
BID OF THE PROPOSAL, FOR N.W. 15 AVENUE PAVING PROJECT
B-4548; ALLOCATING MONIES THEREFOR FROM THE FISCAL
YEAR 1991-92 CAPITAL IMPROVEMENT ORDINANCE NO. 10938,
PROJECT NO. 341175, IN THE AMOUNT OF $123,890.00 TO
COVER THE CONTRACT COST AND $26,622.08 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$150,512.08; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
294 June 11, 1992
48.
EXECUTE AGREEMENT WITH BURLE MARX AND CIA, LTDA -- TO MODIFY, COORDINATE
AND EXTEND ORIGINAL BISCAYNE BOULEVARD NEW WORLD DESIGN (CONSTRUCTION
PLANS BEING PREPARED BY THE CITY UNDER AGREEMENT WITH STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE BISCAYNE BOULEVARD PRELIMINARY
ENGINEERING HIGHWAY DEMONSTRATION PROJECT - CIP 341172).
Mayor Suarez: Item 23. Jack Luft really needs this item is what I have on my
notes. -
Mr. Jack Luft: He is coming in town Sunday. We need...
Vice Mayor Alonso: Move it.
Mr. Luft: ...to get started.
Mayor Suarez: Item...
Mr. Luft: It 1s all federal funds. It is no City dollars.
Mayor Suarez: Moved.
Commissioner Plummer: All this money is in house.
Mr. Luft: It is all... The one point seven million is in-house, but we need
Mr. Marx's input to change some designs and add to it so that we can complete
our work.
Commissioner Plummer: Move it.
Mayor Suarez: Seconded by Commissioner Plummer.
Commissioner Plummer: Fine.
Mayor Suarez: Call the roll.
295 June 11, 1992
n
11
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-411
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH BURLE MARX & CIA. LTDA. FOR THE
PURPOSE OF MODIFYING, COORDINATING, AND EXTENDING THE
ORIGINAL BISCAYNE BOULEVARD NEW WORLD DESIGN WITH THE
CONSTRUCTION PLANS BEING PREPARED BY THE CITY UNDER AN
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT
TRANSPORTATION FOR THE BISCAYNE BOULEVARD PRELIMINARY
ENGINEERING HIGHWAY DEMONSTRATION PROJECT AND
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT
PROJECT NO. 341172 IN AN AMOUNT NOT TO EXCEED
$135,000.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
49. APPROVE COST SHARING AGREEMENT WITH SOUTH. FLORIDA WATER MANAGEMENT
DISTRICT FOR RETROFITTING STORMWATER BASINS 24B AND 44 (LOCATED WITHIN
ALLAPATTAH AND LITTLE HAVANA) -- EXECUTE AGREEMENT -- ALLOCATE FUNDS -
(Stormwater Utility Trust Funds). -
------------------------------------------------------------------------------
Vice Mayor Alonso: We don't need 22? Mr. Manager. We don't need 22?
City Manager Odio: No. It didn't have...
—i -
Commissioner Plummer: It is not life or death.
-' City Manager Odio: It wasn't coming...
Mayor Suarez: Not the urgency. We can get back to it in a few minutes.
^i Vice Mayor Alonso: No. The quality of water is not important.
_r
296 June 11, 1992 -
t - -
Mayor Suarez: Please remind me if we are still here.
Vice Mayor Alonso: Little Havana and Allapattah, they don't need good water?
City Manager Odio: It is Commissioner but I was asked to prioritize...
Mayor Suarez: I wanted a priority of the ones...
Vice Mayor Alonso: I just hope that the...
Mayor Suarez: ...that we absolutely had to do that have public import...
Vice Mayor Alonso: ...people that live there, the quality of water is
important.
Mayor Suarez: OK. Is there any problem with 22, if not we will take it up.
City Manager Odio: Pass it, pass it. Pass it up. Go ahead.
Mayor Suarez: Commissioner... Vice Mayor Alonso moves 22.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Twenty-two... How much?
Mr. Jim Kay: For accepting a grant of one... I am sorry.
Commissioner Plummer: It is not a grant. I am talking about cost sharing. I
am assuming we are paying with somebody else.
Mr. Kay: One point seven million. We are matching another one point seven
million.
Commissioner Plummer: Where is the money coming from?
Mr. Kay: Stormwater Utility from us.
Commissioner Plummer: How much money is left in that account?
Mr. Kay: I would have to tell you. Come back later and tell you.
Commissioner Plummer: No. I was... My understanding was all the money was
gone.
Mr. Kay: No. This has been allocated in Stormwater Utility. It has been CIP
(capital improvement project).
Commissioner Plummer: And who are we sharing that cost with?
Mr. Kay: South Florida Water Management District.
Commissioner Plummer: Second the motion.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
297 June 11, 1992
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-412
A RESOLUTION, WITH ATTACHMENTS, APPROVING A COST
SHARING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR
RETROFITTING STORMWATER BASINS 24B AND 44 LOCATED
WITHIN THE ALLAPATTAH AND LITTLE HAVANA AREAS OF THE
CITY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON
BEHALF OF THE CITY WITH FUNDS THEREFOR BEING ALLOCATED
FOR THE CITY'S SHARE FROM STORMWATER UTILITY TRUST
FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor Be Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
50. APPROVE ADMINISTRATIVE POLICY ESTABLISHING GUIDELINES { OPERATIONAL
PROCEDURES FOR CITY'S MUNICIPAL ACCESS TELEVISION CHANNEL, DESIGNATED
AS: MIAMI NET 9 (CHANNEL 9), ON THE MIAMI TCI SUBSCRIBER CABLE
TELEVISION SYSTEM.
Mayor Suarez: Item 26.
Commissioner Plummer: We did 23.
Vice Mayor Alonso: We did.
Mayor Suarez: Twenty-six.
Commissioner Plummer: What are you going to tell us about the NET
(Neighborhood Enhancement Team) Channel? The most boring thing I ever saw.
City Manager Odio: All I want it is because we have been holding up going out
and programing, is that you approve the policy so that we can start going on
the air full time.
298 June 11, 1992
LA
Commissioner Plummer: They are on the air full time.
City Manager Odio: No. We are not. We are ,just showing...
Mayor Suarez: All right. Moved by Commissioner... by Vice Mayor Alonso,
seconded by...
Commissioner Plummer: Wait, wait a minute. What are you moving?
Vice Mayor Alonso: I have the information they sent to us this...
Commissioner Plummer: What are you asking us to approve here today?
Vice Mayor Alonso: ...program. The program that they put out.
City Manager Odio: The policy.
Commissioner Plummer: What?
Vice Mayor Alonso: They say it is boring.
City Manager Odio: So that if we have... These are rules that you have in
place so that we...
Mayor Suarez: Rules so that nobody...
Vice Mayor Alonso: It is not that boring...
Mayor Suarez: ...will take advantage and use it for political propaganda.
You know.
Vice Mayor Alonso: ...but after you see it 10 times.
Mayor Suarez: When election time comes around and you have to overcome that
horrendous beard you won't try to use it for your own purposes.
Commissioner Plummer: Let me tell you. By the time I run this town is going
to be nothing but homeless people.
Mayor Suarez: Please don't...
Vice Mayor Alonso: So you are sending a message.
Commissioner Plummer: You bet your bippie.
Mayor Suarez: Mr. Tanfani, folks, this is... This gentleman has a tendency
to take whatever the worst things is that has happened here and put that as a
headline in the Herald. Please don't take that one. I don't mean you,
specifically, I mean...
Commissioner Plummer: It is all right.
Mayor Suarez: ...the whole crowd of the newspaper people.
299 June 11, 1992
rest
Commissioner Plumper: But by that time you will be...
Mayor Suarez: We beg you not to take that one, please.
Commissioner Plummer: ...Ross Perot's Vice President, so don't worry about
it.
Mayor Suarez: He is tired and cranky and... God knows I am tired and cranky.
All right 26. Is the item...
Vice Mayor Alonso: I already moved. It is the channel...
Mayor Suarez: Moved and Commissioner Plummer seconded it?
Vice Mayor Alonso: Yes.
Commissioner Plummer: Who moved it? -
Vice Mayor Alonso: I did.
Ms. Matty Hirai: Vice Mayor Alonso.
Commissioner Plummer: I don't believe it. —
Vice Mayor Alonso: Yes.
Commissioner Plummer: You did not.
Vice Mayor Alonso: Yes, I did.
Mayor Suarez: He seconded it. '=-
Vice Mayor Alonso: He did.
Mayor Suarez: Call the roll please.
300 June 11, 1992
— r
Commissioner Plumper: But by that time you will be...
Mayor Suarez: We beg you not to take that one, please.
Commissioner Plummer: ...Ross Perot's Vice President, so don't worry about
it.
Mayor Suarez: He is tired and cranky and... God knows I am tired and cranky.
All right 26. Is the item...
Vice Mayor Alonso: I already moved. It is the channel...
Mayor Suarez: Moved and Commissioner Plummer seconded it?
Vice Mayor Alonso: Yes.
Commissioner Plummer: Who moved it? -
Vice Mayor Alonso: I did.
Ms. Matty Hirai: Vice Mayor Alonso.
Commissioner Plummer: I don't believe it. —
Vice Mayor Alonso: Yes.
Commissioner Plummer: You did not.
Vice Mayor Alonso: Yes, I did.
Mayor Suarez: He seconded it. '=-
Vice Mayor Alonso: He did.
Mayor Suarez: Call the roll please.
300 June 11, 1992
— r
s
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-413
A RESOLUTION, WITH ATTACHMENT(S)9 APPROVING AN
ADMINISTRATIVE POLICY, IN SUBSTANTIALLY THE ATTACHED
FORM, ESTABLISHING POLICY GUIDELINES AND OPERATIONAL
PROCEDURES FOR THE CITY OF MIAMI'S MUNICIPAL ACCESS
TELEVISION CHANNEL DESIGNATED ON MIAMI TCI'S
SUBSCRIBER CABLE TELEVISION SYSTEM AS MIAMI NET 9
(CHANNEL 9); DIRECTING THE CITY MANAGER TO SUBMIT
PROPOSED PROGRAMMING TO APPEAR ON SAID CHANNEL TO THE
CITY COMMISSION FOR APPROVAL AT LEAST ONE MONTH IN
ADVANCE OF SCHEDULED PRESENTATION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
L
ABSENT: Commissioner Miller J. Dawkins =-
51. DISCUSSION CONCERNING PROPOSED ESTABLISHMENT OF HURRICANE MOORING SYSTEM i
AT MARINE STADIUM -- REFERRED TO ADMINISTRATION.
-------------------------------------------------------------------------------
Commissioner Plummer: What happened to 27. It is hurricane season.
Mayor Suarez: They didn't put it as a high level item, priority item, that is
=I the word. There is not going to be any hurricanes. _
=i Commissioner Plummer: Where are we..?
A
Mayor Suarez: Somebody tell the Miami Herald that when hurricanes don't
happen from year to year the chances don't increase that they are going to
_?l happen, they decrease, folks.
j Commissioner Plummer: Yeah. But you got people that are here on that item.
Mayor Suarez: Statistics, ah, all right. Item 27 then. Is that what it is?
j Vice Mayor Alonso: He's going back. .�
301 June 11, 1992
-ij
1
Mayor Suarez: Twenty-seven. _
Vice Mayor Alonso: In the mean time I want to...
Commissioner Plummer: No I...
Vice Mayor Alonso: ...provide an increase in 28. = —
Commissioner Plummer: Mr. Mayor, the only thing I am saying is there is
people here on item 27.
Mayor Suarez: All right. That is fair enough.
Vice Mayor Alonso: Yeah. We are going to 27.
Mayor Suarez: Item 27. I am calling it at your request,...
Commissioner Plummer: No...
Mayor Suarez: ...and because it makes sense.
Commissioner Plummer: My request.
Mayor Suarez: No. It is on agenda. It is fair if you think it...
someone is here for it we should take 1t up.
If
Mr. Roger Kent Snider: Thank you very much. With me... I am Roger Snider,
President of Hurricane Mooring Systems. With me is...
Mayor Suarez: Hurricane Mooring Systems because it sounds like you said
hurricane something else. All right.
Mr. Snider: Hurricane Mooring Systems.
Mayor Suarez: And we are talking about the ability to move boats to a
specific site, that being the Marine Stadium, right. _
Mr. Snider: That is exactly right. Three years ago... _
Mayor Suarez: At first blush it sounds like a good idea, but it is a little
more complicated than that because you have anchor them from the bottom =_
somewhere? You have to have...
Mr. Snider: Yeah. We are driving 10 foot, quarter inch steel "H" beams into
the bottom, 15 foot on center, so that there is one off the bow of every boat,
and one off the stern of every boat, and the boats are firmly rafted to create
weight and moment, and this is a system I have seen employed in the British
Virgin Islands with great affect where 100 boats survived, uniquely survived,
of all those that were lost...
Mayor Suarez: Of course, they don't have a river, and they have plenty of
hurricanes. What is the Waterfront Board think of this, Mr. Albritton? They
gave it thumbs down, I guess. Are you really chairman of the Waterfront
Board?
302 June 11, 1992
F �
k
Mr. Frank Albritton: Yes, sir.
Vice Mayor Alonso: Yes.
Mayor Suarez: Wowl
Mr. Frank Albritton: Frank Albritton, Chairman of the Waterfront Board.
Mayor Suarez: That is a scary thought, Frank.
Mr. Albritton: Hang on. Mr. Snider...
Mayor Suarez: This gentleman...
Vice Mayor Alonso: Just wait and see.
Mayor Suarez: ...is one of the old time great City of Miami people. Should
have been Citizen of the Year for many years. Frank Albritton, City of Miami
firefighter, and Chairman of our Waterfront Board, and a great guy. What do
you think, Frank? This is a...
Mr. Albritton: Thank you, Mr. Mayor. Mr. Snider came before our board and we
were trying to deal with the issue of finding refuge for hurricanes, for safe
harbor. But that really was the extent of our endorsement. We did not
endorse his particular concept.
Commissioner Plummer: Why?
Mr. Albritton: Because of many reasons. One of those reasons were the
argument that Mr. Luft presented at our last Waterfront Board Meeting.
Commissioner Plummer: Well, what was it? I mean...
Mr. Albritton: It was a whole series... Herb.
=j Assistant Manager Herb Bailey: I think we included 1n your packet... We did
a considerable amount of research regarding the use of the mooring system at
the Marine Stadium. We are not saying that there is not a need for some type
-- of system. And at the first time when he talked with me I thought it might be
something we can do, but then we got to researching it and we found that it
interferes with the contracts that we already have at the Marine Stadium. It
interferes with the events that we are going to have in terms of putting the
system into the ground, and we couldn't figure out how we can overcome the
process of when someone drops an anchor. In terms of the cancellation clause
within our contract, it gives them 48 hour notice in case of a natural
disaster. They need to be in there within 24 hours in order to put down the
system if they do not put the cables down and leave them there at all times.
_=3w, We were not able to resolve that particular conflict. We talked with the
event Manager, Tony Pajares.- We cleared it through the Law Department. We
talked to our insurance department to determine the extent of our liability in
case something were to happen, and we felt at this time, and Jack went through
a very extensive analysis of this and it is in a two page memo that we gave to
_4
them, that at the Marine Stadium we did not think that this type of system
f 303 June 11, 1992
t
1
would be appropriate. We would like to have it somewhere else, but at the
Marine...
Commissioner Plummer: Such as?
Assistant Manager Bailey Well, we haven't located a place where we could do
it. They need a protected area, and we haven't had time to research that.
Where we could find a protected area. But the Marine Stadium, certainly,
already has contract out
for other events, and that would... The mooring system at the Stadium would interfere with that. We have a liability involved and they tend think that
they can cover us in terms of insurance. But I don't know, and we can't
figure out how we can coordinate the events along with the event of a
hurricane in terms of them putting it down.
Commissioner Plummer: Well, it would seem like to me that the problem that
you raise in reference to being in and out could be covered by a performance
bond, and if they are not out and we were to lose revenue because of their not
evacuating, could be extracted from the performance bond. I think it's easy
enough to go forth with an insurance company, which I thought would be the
killer of liability as to what the City would require as far as liability
indemnification is concerned.
Asst. Manager Bailey: We have resolved...
= Commissioner Plummer: The thing that I guess, Herb, that I'm really looking
at, based on what's hap ening around here, is the fact that they are offering
this City $100,000 to J135,000 a year if it 1s never used. And if for the
last 25 years, we haven't had a hurricane would have been a little over two
and a half million dollars to the coffers of this City that they would have
never used or utilized that which they have put down fully understanding that
every penny it cost to put this system down would be expended by them at no
cost to the City of Miami. I thought it was worth looking into. We all know
the absolute horror that exists around here of panic and confusion when
hurricane flags start flying. And Mr. Mayor, if you ever want to get run
over, when the red flag goes up, stand in the Miami River when people are
trying to find a place to moor their boat, when it's just a storm warning,
-i it's nothing else. There's just nowhere adequate space up the Miami River
that you can park a boat.
City Manager Odio: It's no longer a safe haven, the Miami River.
Mr. Albritton: You can't even go there.
City Manager Odio: You cannot go there.
Commissioner Plummer: Well, you can't go there, but I guarantee you that they
are going to go up there. OK? Now, I'm just saying that I think that, you
know, if you are telling me that without question, the problems are
insurmountable well, hey, at least we tried. But I think that in a City
=� that's looking at a $7,000,000 deficit next year, we need to look at every
-j avenue source of revenue that we can legitimately come across. That's all I'm
saying.
304 June 11, 1992
j
Mayor Suarez: What is the recommendation? Do you want to...?
Vice Mayor Alonso: So we instruct the Administration to move ahead and work
with an RFP.
Mr. Luft: Our recommendation on this is that we not proceed. While there are
certainly some revenues as a potential here, you can expect that two to three
times a year you are going to get a hurricane watch or a warning, and several
times year, you are going to be within that window, that time frame, of four
to five days where assembling several hundred, if not a thousand to two
thousand vessels, which is the range of this proposal, is the time frame you
are going to need to enact this. Several times a year, not once every 20
years. When this happens, the first thing you do is you cross a line in terms
of liability that this City, nor any other jurisdiction has crossed before,
and that is entering a contractual partnership to protect private property
against damage. We protect lives. Lives cannot be replaced by insurance
policies, but we never enter into a relationship of protecting private
property against loss. We don't protect trailers, campers, mobile homes,
automobiles or boats.
Commissioner Plummer: You are wrong.
Mr. Luft: We don't.
Commissioner Plummer: You are wrong. Every time, as long as I've lived in
this town, hurricane flags were hoisted, we have allowed people to put boats
in the Dinner Key Auditorium.
Mayor Suarez: Inside the Auditorium?
Commissioner Plummer:
protecting...
Mr. Albritton: Right.
Commissioner Plummer:
Mr. Albritton: Right.
Yes, sir. Inside of the Auditorium.
.., personal property.
Commissioner Plummer: OK?
Mr. Luft: That is an open question now...
Commissioner Plummer: What?
We a re
Mr. Luft: ... as far as the administration of that facility in the future.
Commissioner Plummer: You said we have never done it. I'm telling you are
wrong.
Mr. Luft: Oh, we don't...
City Manager Odio: You are right. We have done it.
305 June 11, 1992
Mr. Luft: We don't sign a contract guaranteeing these people that this is _-
safe hurricane mooring and accept money from them under a contractual
=
relationship to protect this. =
Commissioner Plummer: Hey, look.
Mr. Luft: OK? Now, I will tell you that there is no way - we've gone through
this with Risk Management at some length. I talked to Kate Hale at the
_
Emergency Management System at some length. The County will not allow this. _
The reason 1s you cannot absolutely protect yourself from a liability when you
sign the so-called waivers of indemnification or a liability from your own =
-.
negligence in the acts of setting up or harboring these systems. OK?
Commissioner Plummer: If you are telling me... Excuse me.
-
Mr. Luft: In addition, this system cancels out at 130 miles an hour.
-
Commissioner Plummer: Jack.
Mr. Luft: All bets are off.
-
Commissioner Plummer: Jack.
Mr. Luft: Now you've got a hundred million...
Commissioner Plummer: If you are telling me the County, who has control over
—
coastal waters, will not allow it,... _
Mr. Luft: They will not enter...
Commissioner Plummer: ... don't tell me no more.
Mr. Luft: ... a contract to guarantee the protection of vessels in a
hurricane.
Commissioner Plummer: That isn't what you said. You said they would not
allow it.
Mr. Luft: The winds go over 130 miles an hour in any event, all bets are off. —
Now you are putting, under this proposal, hundreds, if not thousands of
vessels in Marine Stadium. Under this proposal, you are looking at
$100,000,000 worth of craft. The weak link in the system is not the hurricane
mooring systems. I'm convinced these gentlemen have an excellent product. _
The weak link is the vessel itself. Those cleats come out, that vessel pulls
apart, you got a loose vessel. Most of those vessels are not designed to
withstand the stress of these high winds and Hurricane Hugo proved that and
the Coast Guard made that point. When those vessels come loose, they take
-d everything around them with them, and when they come ashore, and whatever they -
land on, you got a problem. We've got a mast high school, we've got a rowing
club, we've got Marine Stadium, restaurants and marinas. If you want to take -_
the risk...
Commissioner Plummer: Which combined don't bring in $100,000.
306 June 11, 1992
m. T7
Mr. Luft:
afterwards...
... of setting loose hundreds of boats and then cleaning up
Commissioner Plummer: Mr. Mayor, I recommend that these proposers...
Mr. Luft: We are self -insured.
Commissioner Plumper: ... sit with Mr. Bailey and whoever else in the City,
bring these points to a head, and if there's anything further bring it back to
this Commission.
Mayor Suarez: And that the Bayfront Board maybe recommend, if you had like
other sites, be proactive about it,...
Commissioner Plummer: Waterfront.
Mayor Suarez: ... you know.
Bice Mayor Alonso: Waterfront.
Mayor Suarez: Waterfront. Maybe there's another site that creates less of
a...
Mr. Luft: It gets even more...
Mayor Suarez: ... insurance problem.
Mr. Luft: I'm willing to look at other sites, but, you know, when you do it
in Marine Stadium, now you've got 50, 60, 70 event days a year that you are
trying to sandwich between the potential of mooring hundreds of vessels around
a concert, around races. It's...
Mayor Suarez: And there's an area that is also removed from use by boats at
any time. I guess, because of these anchors, I presume. Right? But it's a
small area?
Commissioner De Yurre: Mr. Mayor.
Mr. Albritton: Mr. Mayor.
Commissioner De Yurre: Let me say a couple of words here, because...
Mayor Suarez: All right. Commissioner De Yurre.
Commissioner De Yurre: I really can't envision having a hurricane warning and
us going to Marine Stadium for a picnic or a concert at that given time. I
mean, that doesn't make sense.
Mr. Luft: That's 24 hours, sir. You are absolutely right. In fact,...
Commissioner De Yurre: OK. Now, hold...
Mr. Luft: ... it's almost too late... —
—a
=f 307 June 11, 1992
m
Commissioner De Yurre: Hey, heyl
Mr. Luft: ... to even bring the boats in to moor them.
Commissioner De Yurre: Heyl
Mayor Suarez: Wait, wait, wait. Please.
Commissioner De Yurre: Hey, I'm talking now. OK? That's number one. I
believe that we do need to provide a safe harbor for these many boats. We
have a legal department that is the one that's to tell us about liabilities
and protecting the City under the contracts, and it would be our legal
department that would give the OK as to any contract that would be used by the
entity using, or leasing, this property from us for this purpose. So, I'm not
concerned about that liability aspect. As far as lives, let me tell you,
having somebody trying to protect a boat in a hurricane condition, you are
going to lose lives some way, somehow. Forget about just protecting the boat,
lives are going to be put in danger about people trying to protect their boats
and having nowhere to go, where are they going to end up? So, we are looking
at protecting lives, protecting property. There have to be clauses that will
protect the City as far as given conditions, you have to cancel the events,
and that's just the way it 1s.
Mr. Luft: Commissioner, understand this.
Commissioner De Yurre: At least for my opinion, I just want...
Mr. Luft: Commissioner,...
Commissioner De Yurre: ... the feeling to be that the only one supporting it
is J.L. I'm echoing a lot of what J.L. says and I do want to see this thing
happen.
Mr. Luft: Commissioner, you set up hurricane moorings. Under international
law, if you are representing this as safe harbor, you cannot deny access to
anyone seeking safe harbor in peril.
Commissioner Plummer: We are not denying them.
Mr. Albritton: That's our biggest concern.
Mr. Luft: No. But you are expecting these people to have signed waivers,
guarantees of insurance, before they get here. We have a hundred thousand
vessels in this County. We are talking about a small percent, one to two
percent that could possibly be entertained here. In a hurricane, you are
going to have something that looks like Columbus Day Regatta in reverse, going
toward Marine Stadium. OK? Now you are going to assure those people, those
people are going to have waivers, indemnification, insurance clauses, and that
they are insured. And then you are going to let them moor there. That is not
going to happen. You are going to have vessels showing up claiming the right
to moor. You are not going to have any guarantee of insurance. You are not
going to have any waivers. You are not going to have any signed documents.
You are going to have chaos. You are going to have thousands of vessels
308 June 11, 1992
Ak-
:otning after your moorings, they are going to force their way into that
stadium, and then it's every man for himself.
Commissioner De Yurre: Doomsday.
Mr. Luft: That's right.
Mayor Suarez: All right. You overstate the case. That's what happens a lot
of times with our staff. We've got concerns. You've got concerns. Frank,
maybe you guys ought to, in conjunction or in furtherance of what was stated
by Commissioner Plummer and Commissioner De Yurre, pursue a possible secondary
site and make recommendations as to how we could do this. I think, legally,
we could probably eliminate a lot of the risk to us by the appropriate
documentation being signed by the boater, and then we do want to make money,
of course.
City Manager Odio: One of the worst problems...
Mayor Suarez: And we do want to provide a service, I mean, that's part of
government.
City Manager Odio: Yeah, but one of the worst problems - I don't think it was
mentioned, is you have to leave those anchors permanently at the bottom of the
Sta... Wait a minute. And if you have boats coming there, hundreds of boats
coming there in a week normally, and if they anchor there, they'll tangle up
down there with those things that he's going to install and then we got a
problem.
Mayor Suarez: That's the kind of consideration... Folks, don't fight for the
microphone.
Mr. Luft: Excuse me.
Mayor Suarez: Neither one is going to be asked to say anything at this point.
Not our staff and not you as a proposer. We've argued enough. We have an
idea where we ought to go with this and we've got other items. So,...
Mr. Albritton: Mr. Mayor. Excuse me.
Mayor Suarez: ... this is referred back to the Administration on the
Waterfront Board. Yes.
Mr. Albritton: Would you like us to review his particular proposal? We just
endorsed...
Mayor Suarez: Oh, yeah.
Mr. Albritton: ... the concept. Just review his specific...
Mayor Suarez: Surely. Surely.
Mr. Albritton: ... proposal? OK.
309 June 11, 1992
lit
Mayor Suarez: Frank, your guys are becoming more and more active in helping
us a lot more. —
Mr. Snider: Thank you. Thank you.
Mayor Suarez: We are not necessarily going away with the whole idea either,
folks. You've got two Commissioners here who seem to be inclined to favor
some kind of a system.
Mr. Snider: Thank you very much. Appreciate the opportunity. It can be
done, believe me.
Mayor Suarez: Very good. All right, sir.
52. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION AUTHORIZING
INCREASE IN CONTRACT AMOUNT ($25,000) WITH URBAN CONSTRUCTORS, INC. FOR
THE CURTIS PARK REDEVELOPMENT - FIELDWORK PROJECT (SECOND BIDDING) B-
2983-H (CIP 331353).
Mayor Suarez: Item 28. Moved by Commissioner De Yurre. Try to get Curtis
Park completed.
Vice Mayor Alonso: Could you explain to me what is the reason to the
increase? It's for the protection of the track, it's for the vandalism?
Asst. Manager Wally Lee: No, Commissioner. Since the track at that point in
time had not been turned over to us, we had to put a temporary fence around
it.
Vice Mayor Alonso: Fence?
Asst. Manager Lee:
Yes, ma'am.
Vice Mayor Alonso:
This money is for the fence?
Asst. Manager Lee:
No, no. They are various items. If
you want to, I'll be
glad to read them
to you.
Vice Mayor Alonso:
Wait a second. My understanding is,
is that the increase
in $25,000 to the
original contract of $465,000... Right?
Asst. Manager Lee:
Yes.
Vice Mayor Alonso:
To $490,000.
Asst. Manager Lee:
Right.
Slice Mayor Alonso:
And then... What are you going to do?
Why the increase?
Asst. Manager Lee:
OK. One was the...
—
310
June 11, 1992
Vice Mayor Alonso: And why the emergency?
Asst. Manager Lee: We were going to have an event there at that point in
time, prior to us accepting the contractor's work. One, we had to put a
temporary chain link fence to protect the track.
Vice Mayor Alonso: Is this after the fact?
Asst. Manager Lee: Yes, it's after the fact.
City Manager Odio: This is after the fact.
Vice Mayor Alonso: So you are telling us we have no choice. We have to pay.
Why didn't it come to us?
Commissioner Plummer: No, we don't have to pay.
Vice Mayor Alonso: I'm not going to vote for this. 1 said some time ago,
don't bring things like this back.
Commissioner Plummer: We said that we weren't going to ratify.
City Manager Odio: Well,...
Vice Mayor Alonso: Why didn't it come to us to get approval? Who is going to
pay the $25,000?
Asst. Manager Lee: Commissioner, we felt at that time...
Commissioner Plummer: What was the event that was held there...
City Manager Odio: The opening.
Commissioner Plummer: ... that created this emergency?
Commissioner De Yurre: It was Flo Jo coming to town.
Commissioner Plummer: The what?
Commissioner De Yurre: Flo Jo coming to town. The Miami Mile. The opening
of...
Commissioner Plummer: Flo Jo?
Asst. Manager Lee: Florence Joyner, the...
City Manager Odio:
Asst. Manager Lee:
Florence Joyner.
... Olympic star.
Vice Mayor Alonso: But you people knew this was happening.
didn't come for approval of $25,000?
Now come you
311 June 11, 1992
.i
-_` Asst. Manager Lee: Commissioner, at that point in time when it came up, there -
-; was not a Commission meeting scheduled.
Vice Mayor Alonso: Listen. I think this cannot continue. That the
Administration take upon themselves to approve things and then come after the i--
fact for us to approve. I said, when it happened with the Legal Department, a
contract of $7,000, that I was not going to accept this. Even if we didn't _
have a Commission meeting, the least you people could do is call each one of
- us and get sort of a feeling, that we go ahead with this. But how many times
this has happened? I'm going to vote no.
City Manager Odio: Then it takes 4/5ths.
Mayor Suarez: Well, in view of the fact that it needs 4/5ths,
to pass today, obviously. So, I'll entertain a motion to defer.
City Manager Odio: OK. Defer.
Commissioner Plummer: Move to defer.
Mayor Suarez: Move to defer and second.
Vice Mayor Alonso: Yeah. Second. Yes.
Mayor Suarez: Any discussion? If not, please call the roll.
Ms. Hirai: Commissioner De Yurre.
it's not going
Commissioner Plummer: Did all of this money go to the same contractor?
Ms. Hirai: Votes yes.
City Manager Odio: Yes.
Asst. Manager Lee: Yes, Commissioner. Plus he had his subcontractors
involved, obviously.
Vice Mayor Alonso: This has nothing to do with some of the problems that I
mentioned to you some time ago? - when some of the work that I had the feeling
that we were having some kind of problems at the park. This has nothing to do
with it.
Asst. Manager Lee: It is part of it.
Vice Mayor Alonso: It's part of that.
Asst. Manager Lee: Well, it's part because some of these subcontractors have
not... They are having problems with the contractor.
Commissioner Plummer: Well, wait a minute. Now, you are getting into another
can of worms. Let's hear about that.
Mayor Suarez: Do you need to hear about that today?
312 June 11, 1992
Commissioner Plummer: Oh, yeahl I want to hear about the fact if the one
_ contractor is fighting with other contractors and they are not getting
along...
Mayor Suarez: Do you need to hear about it today...
Commissioner Plummer: ... that's to my detriment.
Mayor Suarez: ... in Commission session when we've got many, many other items
to get to? They can explain it to you. I mean, there's no problem, but does
it have to be done now?
Asst. Manager Lee: Commissioner,...
Mayor Suarez: We are not going to act on this item anyhow.
Asst. Manager Lee: Commissioner, in my opinion, the contractor, right now, is
not performing work under the...
Mayor Suarez: And so he goes on and he goes ahead and gives the whole
explanation after I suggested it was not necessary.
Asst. Manager Lee: ... contract. We are in contact with the Law Department
and we are going to take the...
= Commissioner Plummer: Well, who is it?
,► Asst. Manager Lee: ... appropriate action to get the work done.
-J
Commissioner Plummer: Who is the contractor?
-i
i Asst. Manager Lee: Urban Contractors, Inc.
Commissioner Plummer: Urban?
Asst. Manager Lee: Yes, sir.
Commissioner Plummer: Asst. Manager Lee, would you please prepare a package,
and deliver to my office by Monday, any and all disagreements in reference to =
the project?
Asst. Manager Lee: Yes, sir.
Commissioner Plummer: And especially your opinions in reference to Urban
?. Contractors, who you don't feel are doing the job that they were selected to
do.
Asst. Manager Lee: OK. -
`j Commissioner Plummer: If that's the way I understood.
Asst. Manager Lee: You will have it Monday.
I Commissioner Plummer: Thank you, sir.
— 313 June 11, 1992
jjjj}}} i t k
i
Vice Mayor Alonso: And this is the same contract that you are bringing to us
to increase the amount in $25,000?
Asst. Manager Lee: Yes, ma'am.
Mayor Suarez: OK.
53. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF EAST LITTLE HAVANA HIGHWAY
IMPROVEMENT - PHASE II (H-4528).
------------------------------------------------------------------------------
Mayor Suarez: Item thirty - 29. I'll entertain a motion on the confirmation
of the assessment roll.
Commissioner De Yurre: Move it.
Vice Mayor Alonso: Second.
Mayor Suarez: Moved. Seconded by the Vice Mayor. Call the roll.
Commissioner Plummer: Let the record reflect that no one came forth from the
audience. I'll second it.
Mayor Suarez: Thank you. Call the roll on item 30.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-414
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF EAST LITTLE HAVANA HIGHWAY
IMPROVEMENT -PHASE II IN EAST LITTLE HAVANA HIGHWAY
IMPROVEMENT DISTRICT -PHASE II H-4528 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 Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
314 June 11, 1992
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
54. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF DOWNTOWN HIGHWAY IMPROVEMENT
(H-4498).
Mayor Suarez: Item 30. Confirming another assessment roll.
Vice Mayor Alonso: Moved.
e
Mayor Suarez: Moved.
Commissioner Plummer: Let the record reflect...
Mayor Suarez: Seconded by Commissioner De Yurre.
Commissioner Plummer: ... no one came forth from the audience.
I second it.
Mayor Suarez: Call the roll.
The following resolution was introduced by Vice Mayor Alonso,
who moved
_j
its adoption:
RESOLUTION NO. 92-415
=
A RESOLUTION CONFIRMING ASSESSMENT ROLL
FOR _-
-
CONSTRUCTION OF DOWNTOWN HIGHWAY IMPROVEMENT
IN =
_
DOWNTOWN HIGHWAY IMPROVEMENT DISTRICT H-4498
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:
315
June 11, 1992
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
NOTE FOR THE RECORD: At this point, agenda item 31
was rescheduled to the next meeting.
Mayor Suarez: Anyone wish to get into item 31 today?
Commissioner Plummer: Yeah, very definitely.
Mayor Suarez: At 6:55 with all the other agenda items? Couldn't you...
Vice Mayor Alonso: Waive this today.
Mayor Suarez: ... take this up the next Commission meeting or the second
one? - since we...
Commissioner Plummer: Be happy to, sir.
Mayor Suarez: Thank you, sir. Make sure it gets rescheduled, please.
------------------------------------------------------------------------------
55. (A) DIRECT ADMINISTRATION TO SET ASIDE MORNING OF JULY 16TH MEETING
FOR DISCUSSION CONCERNING CITY'S PROPOSED BUDGET.
(B) COMMENTS BY COMMISSIONER PLUMMER ON COCONUT GROVE'S EFFORTS TO
SECEDE.
(C) COMMISSIONER PLUMMER STRONGLY CRITICIZES ADMINISTRATION FOR NOT
PRIORITIZING EFFORTS TO COMBAT CRIME.
------------------------------------------------------------------------------
Mayor Suarez: Item thirty...
Commissioner Plummer: Mr. Mayor, excuse me.
Mayor Suarez: Yes.
Commissioner Plummer: You know, rushing through this agenda, there are two
items, sir, that I think that are most important that this Commission discuss
before we leave here today, and I don't want to be in a position where at nine
o'clock we are rushing out the door and we do not discuss the issue of
$7,000,000 deficit in taxes for next year and annexation of a part of this
316 June 11, 1992
community from this City. I think these are... If we don't discuss another
item tonight, I think are extremely important things. We are faced, as you
know, with the next meeting of this Commission is where right after then we
are supposed to get the budget for next year. We are now being told that we
are $7,000,000 down and I can't think of a more important issue to discuss of
how we are going to overcome that shortfall...
Mayor Suarez: Well, that's true...
Commissioner Plummer: ... to give to the Administration.
Mayor Suarez: ... except... Yeah, if we, of course move through the agenda
that would put us in a position to discuss it, but we are probably not going
to resolve it tonight. We need to get a lot more input from the Manager. I
don't accept a $7,000,000. I accept four percent (4%) reduction in our tax
base. That means a $4,000,000...
Vice Mayor Alonso: Four.
Commissioner Plummer: Mr. Manager,...
Mayor Suarez: ... shortfall. Not seven. So, he'd have to begin by
explaining to me the other three.
Commissioner Plummer: What do you figure, Mr. Manager? What do you figure
the shortfall from that...
Mayor Suarez: But 1'd rather not get into it now, because it's not going to
be resolved now. We have budget hearings coming up. He does have to give us -
a proposed budget that will take into account the tax base decrease and he
hasn't done that. Now, hopefully, he would have that ready for us by when,
Mr. Manager? We asked for it by when, J.L., by the...
Commissioner Plummer: The 15th.
Mayor Suarez: By the 15th of...
Commissioner Plummer: But, you see, I don't want him to do it. All right?
Because I want this Commission to give input on how we feel the budget should
be cut. I have already told you, Mr. Mayor,...
Mayor Suarez: I can't agree with you more. You want to set a special
session, and we'll get into it?
Commissioner Plummer: Well, you know, I have already said to you, sir, that
the way the Police budget is right now, I happen to agree with one of the
Chiefs of Police, I don't think the people of this town are getting the bank
for their buck. And I am not going to vote for the budget the way it stands.
So I've said that.
Mayor Suarez: All right. I have no problem setting a special session to get
into it...
Vice Mayor Alonso: But he has to provide more information...
_' 317 June 11, 1992
Mayor Suarez: Yeah.
Vice Mayor Alonso: ... to us in order for us to make some decisions.
Mayor Suarez: As much as time as you want to devote to it. No problem at
all. In June or in July.
Commissioner Plummer: Well, can we, Mr. Manager, on either July the 9th or
the 16th set aside the morning of those Commission meetings solely for the
purposes of budget?
Mayor Suarez: The deployment hearing.
City Manager Odio: The deployment of the Police on the 9th, all morning. You
cannot do them both.
Commissioner Plummer: Well,...
Mayor Suarez: We can do the morning of the 16th.
City Manager Odio: On the 16th you could.
Mayor Suarez: The morning of the 16th.
Commissioner Plummer: But that's the day after we get the budget, according
to him.
Mayor Suarez: At least we have some figures.
City Manager Odio: No, according to you. You asked me for the...
Commissioner Plummer: When are you going to the press?
City Manager Odio: For what?
Commissioner Plummer: The budget. The funny book.
City Manager Odio: I have to redo the... I have to start all over again. I'm
—
working day and night on the budget now and I don't have a balanced budget.
Vice Mayor Alonso: You don't think it will be ready by then?
Commissioner Plummer: And yet we are going to be subject...
City Manager Odio: Well, I had had... _
Commissioner Plummer: ... to approving it by the 1st of October.
Vice Mayor Alonso: But if we don't have the information by the 9th and we
don't have time, then the 16th.
City Manager Odio: We did not expect... 1 had prepared some drafts of budgets
based on the same revenue as this year, and as it stands, we have a loss of...
-
It's not seven, it's $12,000,000 of revenue...
318 June 11, 1992
PRIMP
'Y
J
Commissioner Plummer: That's right.
City Manager Odio: ... that we have to make up.
Commissioner Plummer: It's more than $12,000,000 in revenue.
r.: t Ly MaL000er Quo: Thp r ycr n ut , ot- If -PI, - ;" was '-u0,00U,"UU. We are looking
Commissioner Plummer: And that's going to be some major, major cuts around
here.
City Manager Odio: Not necessarily. You can cut, sure, but you are going to
cut services. That's a decision you have to make.
Commissioner Plummer: Hey. When you are $13,000,000 down, something has got
to give.
City Manager Odio: It looks bad, but I have meetings tomorrow that I expect
we'll get some solutions, and somehow, some way, we'll have a balanced budget.
But,...
Vice Mayor Alonso: Can we do it then the 16th?
City Manager Odio: Yeah, let's try for the 16th.
Commissioner Plummer: That's the day after he presents us with the book.
Vice Mayor Alonso: But right now, we don't have the information.
City Manager Odio: Then I don't present... What I'll do, I'll present you
with some concepts and you can discuss it and you can change it there and
then. I can only present to you what I think you should do, and you can do
whatever you want, which you will anyway. But, I mean, what else can I do?
Commissioner Plummer: Hey. Don't laugh. It's not...
Mayor Suarez: That's a good way to phrase it. All right, folks, I suggest...
City Manager Odio: I mean, what else can I do?
Mayor Suarez: ... that the Manager be instructed to get us his preliminary
_i
numbers as quickly as he can possibly get them to us,...
Vice Mayor Alonso: Exactly.
Mayor;Suarez: ... and that we will devote the morning of July 16th entirely
to this issue. Commissioner Plummer.
Commissioner Plummer: What are we going to do about annexation?
Vice Mayor Alonso: We'll talk about that today.
319 June 11, 1992
�rT
Mayor Suarez: When does the County Commission...
Commissioner Plummer: Today?
Vice Mayor Alonso: I think so.
Commissioner Plummer: Today.
Mayor Suarez: ... expected to consider that issue?
•
Vice Mayor Alonso: At least to a certain point.
Commissioner Plummer: No, I want to forestall any rumors running around
rampant about annexation as I am reading them in the paper.
Vice Mayor Alonso: And the properties, including this building.
_
=� Mayor Suarez: That's right.
Commissioner Plummer: Oh, of course.
-= Mayor Suarez: We are going to take the issue of de -annexation and make
it
into a rumor control issue.
Vice Mayor Alonso: Including this building.
Mayor Suarez: Figure that one out. All right. Mr. Manager, when is
the
- County considering the issue?
City Manager Odio: I have no idea.
Mayor Suarez: At the session next week?
City Manager Odio: I only read the paper like everybody else.
Vice Mayor Alonso: They said Tuesday, didn't they? - in the article.
City Manager Odio: Somebody said today, but I...
Mayor Suarez: The best thing we can do, I think, Commissioner Plummer, is
ask
our City Attorney to look at possible legal challenges to it. It seems to me
_ . like...
City Manager Odio: Next Tuesday.
Commissioner Plummer: Well, wait a minute. Mary,...
Vice Mayor Alonso: Tuesday. That's what...
Commissioner Plummer: Mary, are you part of the paper this morning about
the
3 annexation? Do you know about it? When they are proposing?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
320 June 11,
1992
al'kZ
}� P
Commissioner Plummer: Tell us... Tell us...
Mayor Suarez: Are you part of the conspiracy? Will you tell you us about the
conspiracy?
Commissioner Plummer: Can you tell us about... I didn't say conspiracy.
Mayor Suarez: No, I did.
Commissioner Plummer: Are you planning on making a formal presentation to the
County Commission? Is that what you are planning on doing? - or do you know.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: OK.
Mayor Suarez: You see? When I said conspiracy, that's it. They go
underground.
Commissioner Plummer: No, I didn't say that, Mr. Mayor. You know, when we
have statements made in the paper, when people are not getting the bang for
their buck,...
City Manager Odio: That was a misquote. Where is Gibbs?
Commissioner Plummer: Mr. Manager.
Vice Mayor Alonso: And what about the properties?
Commissioner Plummer: Yeah, I want the... I want... -
Vice Mayor Alonso: That's something that we have to know.
City Manager Odio: Where is Arnold Gibbs? _
Commissioner Plummer: I want...
Vice Mayor Alonso: That's very important.
Commissioner Plummer: I want Commander Gibbs to have the opportunity...
City Manager Odio: Please, because that was a...
Commissioner Plummer: ... to say that Joe Fantani [sic]...
Mayor Suarez: Fantani [sic]. It used to be Tanfani, but he's still hanging
around here.
City Manager Odio: I hope he's here. I want him to clarify that statement...
Mayor Suarez: No, he's right there.
City Manager Odio: ... because that's not what he said.
321 June 11, 1992
i'
t _
Commissioner Plummer: Well, you know, the thing...
City Manager Odio: Not him. I mean him.
Commissioner Plummer: Let me tell you. Mr. Mayor, you know, I asked the
other day... —
Mayor Suarez: Regardless... Mr. Manager, let's be serious about it.
Regardless of what Arnold Gibbs, Assistant Chief, said about getting the bang
=j for your buck, that's not really the issue. The issue is that, that's what
some of those folks think and that's what we have to deal with.
Commissioner Plummer: That's the perception.
Mayor Suarez: I mean, let's face it. We know that Chief Gibbs is getting the
- best bang for... There he is.
Commissioner Plummer: Chief, tell us what you said. Tell us about what you —
said to The Miami Herald so we'll know how bad the journalism was. Obviously,
you say that they were not correct.
Asst. Chief Arnold Gibbs: Mr. Tanfani, I believe his name is.
Commissioner Plummer: Yes, sir. He's sitting right over there.
Mayor Suarez: Otherwise known as Fantani, but...
Commissioner Plummer: We got another...
Asst. Chief Gibbs: He was given... Yes. I interviewed with him and I gave
him quite a lengthy interview. Paragraphs and sentences, and what's in the
paper is a phrase. In essence, I gave him a chain and he gave you a link.
Mr. Tanfani's...
Commissioner Plummer: Well, speak to the...
Asst. Chief Gibbs: ... article was based on the question...
Commissioner Plummer: Chief, if you could. There was a quote from you.
Asst. Chief Gibbs: That was a quote from The Miami Herald. That was a...
Commissioner Plummer: There's a quote in the Herald and you are saying that,
that quote in which you stated that the people of Poinciana Avenue were not
getting the bang for their buck, relating to police protection, you are saying
you didn't make that statement. Is that correct?
Asst. Chief Gibbs: I am saying that is a portion of a statement that I made.
Commissioner Plummer: And would you tell us what was the rest of the portion?
Asst. Chief Gibbs: Certainly I will. Mr. Tanfani had a concern about the
fact that off -duty police officers are being employed to patrol the Grove
area. He asked me the questions whether or not I felt it was fair that they
322 June 11, 1992
had to pay for police officers and why couldn't we provide the same services
with on -duty police officers. My response to Mr. Tanfani was that because of
the inordinate amount of calls that really should not be handled by uniformed
police officers...
Commissioner Plummer: That was in the article.
Asst. Chief Gibbs: Right. And the fact that these officers are running back
and forth throughout their tour of duty doing everything other than those
things which are significant police actions that the Grove and other citizens
who make those demands for those types of services are not getting the best
bang for their buck. Of course, Mr. Tanfani printed the portion of that, and
it came out reading as it is.
Commissioner Plummer: Do you suggest public flogging?
Asst. Chief Gibbs: That's almost appropriate. I'm not trying to insinuate
that Mr. Tanfani...
Commissioner Plummer: See, I don't think, even though I would not have made
that statement publicly, I don't think you are all that wrong, if you did make
it. OK? You know, I ask, Mr. Mayor, why when I couldn't get PSAs (Public
Service Aides) in this City. You know what we were told? Eighty-two hundred
dollars to get one in school. May I bring to your attention, after I asked
and received why required schooling of 200 hours by the State of Florida to be
a PSA without our knowledge, we are putting them through 440 hours of school
to be a report writer. Instead of the required 25 days, required for the
State of Florida for certification, we are certifying in 55 days just better
than double and we wonder where the hell our money is going to. That's one of
the answers. That's... Excuse me. Mr. Mayor, for the record, that is from
the Southeast Florida Institute of Criminal Justice, not my figures, but
theirs. I want to know why we have to o double what is required in
certification when we are paying to almost 112 an hour for PSAs. I don't
understand it.
Lt. Joseph Longueira: Commissioner, we'll get you a written response on that.
But just one item.
Commissioner Plummer: Yeah, you'll get me a written response after budget.
Nothing will be done about.
Lt. Longueira: You'll have that response in the next two weeks. But we are
the pioneers...
Commissioner Plummer: Joe, let me tell you something.
Lt. Longueira: ... of the PSA concept, one of the first departments ever to
use it and there's none better in the country using PSAs than us.
Commissioner Plummer: Let me tell you something.
Lt. Longueira: And we deemed it necessary to do that additional training.
323
June 11, 1992
it
Commissioner Plummer: Let me tell you something, sir. You, you the
department, not you personally,...
Lt. Longueira: Yes, sir. I understand.
Commissioner Plummer: ... better start listening to the people of this City.
They are damn sick and tired of being robbed. They are tired of being beaten.
They are tired of going home to their houses broken into. They are tired of
their cars being stolen. They are tired of their cars being broken into.
They are damn sick and tired of i tl And you can take and you can use your
money for parks, you can use your money for anything, but let me tell you
something. Businesses are going out of this town because of crime, and we sit
here and continue to do business as usual. You had a NET (Neighborhood
Enhancement Team) program where for 45 days we did not have a robbery at Grand
and Douglas. You had seven last weekend.
Vice Mayor Alonso: But do we have the money...
Commissioner Plummer: Now, don't we learn? Why? I continue to sit here and
say the people of this town are damn sick and tired. They are tired. You are
using policemen for abandoned automobiles. You are using policemen for
property bureau. You are using policemen to check yellowtails in Biscayne
Bay. Why? Where is the idea of priority? Something has got to change. We
cannot continue to go as we are. We are losing not only businesses, we are
losing people who are leaving this town in great numbers. You go down 8th
Street and look at the buildings that are abandoned and absolutely devastated.
Ask your Finance Director how many of occupational licenses we are down for
the first six months of this year. Somebody around here has got to listen. I
don't understand. You talk about parks. People don't want to go in parks.
They are not safe to go in parks. That is a true statement, Mr. Manager.
City Manager Odio: Kennedy Park is the highest used park in the country.
Commissioner Plummer: People come to my house and tell me they don't want to
go in... Excuse me.
City Manager Odio: That is not'an accurate statement, Commissioner.
Commissioner Plummer: Sir, you and I can disagree.
City Manager Odio: I will disagree.
Commissioner Plummer: And you happen to be in Micanopy and people are not
coming to your door. They are coming to my door. People in Bay Heights are
upset tremendously that they are stealing... We had a case which 1 brought to
your attention...
Mayor Suarez: Now come one. There can't be that much difference between your
house and his house. You are half a block away. Come on.
Commissioner Plummer: Mr. Mayor, we have a case which I brought to his
attention. One woman last weekend was broken into twice in 48 hours. Twicel
Their cars are stolen. Their cars are broken into.
324
1
June 11, 1992
City Manager Odio: They are addressing the problem. You would have to have a
police officer on every corner and they will still break in.
Commissioner Plummer: I am addressing the problem that you've got $55,000
taxpayer policemen writing reports. Put them out to do the job we hired them,
to enforce the law. Use your $17,000 to go out and write the reports and
don't tie a policemen up to do it. But you are not going to get the $17,000
people when you put them through 440 hours when 200 hours will, in fact, do
it. All I'm saying to you, Mr. Manager, and I'm going to continue to drive it
home, when a policeman's time is used, forty to fifty percent (50%) of each
day to write reports instead of out addressing the problems of crime, when you
can be using, by State law, $17,000 people. PSAs if that's what you wish to
use, or rangers. Sir, the people of this community are going to talk about
more than annexation.
Mayor Suarez: All right.
Vice Mayor Alonso: Commissioner, are you saying that NET is not working?
Commissioner Plummer: Ma'am, I am not talking... NET is a many faceted
program. The problems that I...
City Manager Odio: No. Wait.
Commissioner Plummer: May I finish? She asked me, not you.
City Manager Odio: OK.
Commissioner Plummer: Unless you are a Commissioner.
City Manager Odio: No, I don't want to be a Commissioner.
Commissioner Plummer: You are better off.
City Manager Odio: Underpaid.
Commissioner Plummer: You are underpaid? What about me?
City Manager Odio: You are underpaid.
Commissioner Plummer: Commissioner, the subjects that I have just spoke to,
Ma'am, are the same subjects that I've been speaking to for better than a
year, which are prior to the NET program. I think many aspects of the NET
program are very, very good, and that is to disassemble and break down from a
central government, making government near the people. I have some serious
reservations as the NET program relates to the Police Department. Very
serious programs. OK?
Vice Mayor Alonso: But according to the Manager, that probably was the most
essential part of it,...
City Manager Odio: Absolutely.
Vice Mayor Alonso: ... and when NET...
325 June 11, 1992
City Manager Odio: Absolutely.
Vice Mayor Alonso: ... was presented to us, it was the center...
City Manager Odio: Absolutely. And I stand by it.
Vice Mayor Alonso: ... of...
Commissioner Plummer: That no longer exists.
City Manager Odio: No, that's not true.
Commissioner Plummer: It's over.
Commissioner Plummer: So are you saying that it's not working?
Commissioner Plummer: It's over.
Vice Mayor Alonso: It did not work. NET, when it comes to the essential
portion of it...
City Manager Odio: We proved that it...
Commissioner Plummer: Oh, it showed... As I said before...
Vice Mayor Alonso: ... resolved the crime situation in Miami.
Commissioner Plummer: Madam Commissioner, at Douglas and Grand and Douglas
and Dixie, for the 45 days of NET there were no armed robberies. There was
no...
City Manager Odio: Anywhere.
Commissioner Plummer: ... smash and grab. OK? It was gone.
City Manager Odio: So we proved that it works.
Commissioner Plummer: But after the 45th day, they are back to doing more
than what they did before.
City Manager Odio:, Because it takes dollars.
Commissioner Plummer: OK?
City Manager Odlo: Dollars. Dollars.
-Commissioner Plummer: So what I'm saying to you...
Vice Mayor Alonso: It didn't work, because it's worse now.
Commissioner Plummer: ... as a temporary bandaid, it was great.
City Manager Odio: It takes money.
326 June 11, 1992
��
W
Commissioner De Yurre: Why can't we come up with a concept of saying how much
money do we need on an annual basis,...
Commissioner Plummer: Victor.
Commissioner De Yurre: ... and see where it would come from?
Commissioner Plummer: Victor. I have asked for the policy of one policeman
stationed... You know, we have 27 policemen downtown.
Commissioner De Yurre: Yeah, well for my edification...
Commissioner Plummer: We have 42 policemen in the Grove. We have all of
that. One policeman at Douglas and Grand.
Commissioner De Yurre: Cesar. Cesar, for my edification, tell me what the
cost would be on an annual basis to maintain that level of activity...
City Manager Odio: I don't know.
Commissioner De Yurre: ... and where it would come from. Where we would have
to cut back.
City Manager Odin: Well,...
Commissioner De Yurre: No, in writing. Get it to me, so I can make...
City Manager Odio: No, no, no.
Commissioner Plummer: Victor, do you know what you are paying?
Vice Mayor Alonso: All through the City of Miami.
Commissioner Plummer: Do you know what you are paying for the Coconut Grove
detail on Friday, Saturday and Sunday nights? Almost a half a million
dollars.
Commissioner De Yurre: Only?
Commissioner Plummer: Half a million dollars.
Commissioner De Yurre:. I thought it was a million plus.
Commissioner Plummer: But they cannot get one policeman where the problem
really exists at Grand and .Douglas and Douglas and Dixie. It doesn't make
sense. It doesn't make any sense at all. OK? You've got policemen back
there writing tickets at the basketball court while people are getting their
heads smashed in at Douglas and Dixie. It doesn't make any sense to me. But
we are continuing to do business as usual, and I say something has got to
give. OK?
Ms. Mary Weber: Could I make a comment, please?
327 June 11, 1992
Commissioner Plummer: I'm sorry.
Ms. Weber: Could I make a comment?
Commissioner Plummer: I'm not the Mayor.
Commissioner De Yurre: Get that to me, OK?
Commissioner Plummer: I'm going to continue to harp on it, Mr. Manager. Be
prepared at each - unless the Mayor rules me out of order - every meeting from
now on, you are going to get a 10 minute speech..
Mayor Suarez: No, no. And as you delve into that, remember...
Commissioner De Yurre: We start Commission meetings at ten of nine now.
Commissioner Plummer: That's fine, sir.
Mayor Suarez: Yeah. Remember, Chief, that we are heading towards a --
deployment and apparently a special session on budget, both. And if I saw the
deployment figures correctly that were delivered to us recently in
anticipation of that meeting, each of the three shift, ladies and gentleman,
in patrol, which is what you had, has typically 50 officers, 45, 50 officers.
Now, something is wrong when we can't have more than 45 or 50 officers on —
patrol at any one time in the City.
Commissioner Plummer: Mr. Mayor, excuse me. What they are not telling you,
let me bring you up to speed. When they tell you that there's 50 officers on
patrol, ask them how many hours the average officer puts in, in a 40-hour
week. Remember, he's not on the street, sir. Remember he is in court. The
average officer for a 40-hour week...
Mayor Suarez: Well, a lot of that is overtime. A lot of that is overtime.
Commissioner Plummer: Excuse me, sir. The average officer brings in...
Mayor Suarez: But the shift allocations are about 45 to 50 and that's low.
Commissioner Plummer: Twenty-two hours in a 40-hour shift is what he puts on
the street, sir. Twenty-two hours out of 40. So when they tell you 50...
Mayor Suarez: And then you've got that additional problem that many of them
are not able to respond to the shift, then you've got to bring some others in
and... Something is wrong, and something has to be looked at 1n a whole novel
way as the Commissioner is suggesting. Something is wrong when you do see on
Friday and Saturday and Sunday nights in the Grove, a lot of ticketing going
on of people parking, and there's no presence at Grand and Douglas. And
- therelsi no presence in, you know, in other parts of the City. In other
crucial intersections where a lot of cars are driving by and a lot of activity
_ probably would take place, commercial activity, desirable commercial activity,
if there was more police presence. So, something has got to be done and I
agree with the general thrust of what you are saying. I just wanted to add
some quantitative analysis to it because it really is - and it's not your
problem. You are doing the best you can with the people that are in fact
328 June 11, 1992
allotted to you. The question is, why do we have some people giving parking
tickets, why do we have some people doing all the kinds of things you've been
wondering about, you know, property room...
Commissioner Plummer: Twelve sworn officers in the property bureau.
Mayor Suarez: I still have a problem - I want to tell you - I still have a
problem with, I think we have three full-time, plus some supervisory officers
for PIO (Public Information Officer). You know, I just...
Commissioner Plummer: How about sworn officers that are doing nothing but
coordinating off -duty jobs for policemen?
Mayor Suarez: And I don't think we need a whole department of administration,
or whatever it's called, in the Police Department. Administration is done...
Commissioner Plummer: By civilians.
Mayor Suarez: Yeah, by the Manager and by the rest of his staff, whether it's
computers, or finance, or planning, or this Commission setting policy. I...
Commissioner Plummer: I think the classic example, Mr. Mayor,...
Mayor Suarez: Yeah.
Commissioner Plummer: ... is that abandoned automobiles used to be handled by
Sanitation. For some reason, they put it over to the Police Department and
they now have one full-time policeman who does nothing but take care of
abandoned automobiles. I think it's...
Asst. Chief Gibbs: Mr. Commissioner, we are no longer... I have that now
disbursed among the NET officers... in our offices.
Commissioner Plummer: You also have another policeman who does nothing but
what you call Nscoffalaw." [sic]
Asst. Chief Gibbs: No.
Commissioner Plummer: What do you call it?
Asst. Chief Gibbs: Scofflaw is overtime now.
Commissioner Plummer: You have one policeman who is doing that, and that
alone.
Asst. Chief Gibbs: That is something that will generate funds to the City.
Commissioner Plummer: You don't need... Look. Arnold, where you and I have a
problem, these people out here are worried about speeders, and they are
worried about parking meters. But damn it, they are more worried about
robberies.
Asst. Chief Gibbs: I agree with that.
329
June 11, 1992
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�
Commissioner Plummer: OK?
Asst. Chief Gibbs: I agree with that.
Commissioner Plummer: Twenty - if I'm not mistaken - 26,000 times last year,
people went to their house or their business and found it broken into. OK?
Thirteen thousand people last year, by your numbers, not mine, and I could be
a little bit off or on, 13,000 people, including the Mayor, had a gun or knife
stuck to their head and robbed. Sir, that, to me, is what a police department
is all about. Go use sworn officers, average cost to the taxpayers of $55,000
a year and let them enforce the law. Take them out of being high-class
secretaries and doing all kinds of PR (public relations) work. I just... Mr.
Mayor, I'm going to make that soapbox every time until somebody listens.
Asst. Chief Gibbs: Mr. Mayor, if I might.
Mayor Suarez: Yes, Chief.
Asst. Chief Gibbs: For the Grove residents, at the urging of the Manager, we
had a beat established in the Grand area after NET, during the rush hours, the
early part and the late part. As of yesterday, we have it now extended up
until 1:00 a.m. to cover that beat. It's...
Mayor Suarez: Is it a walking beat?
Asst. Chief Gibbs: It's a walking beat. And...
Commissioner Plummer: Sir,...
Asst. Chief Gibbs: ... it will continue until we can do more.
Commissioner Plummer: ... I beg of you...
Mayor Suarez: Is that park and walk, or...
Commissioner Plummer: No, sir. They sit in the car. It's called a walking
beat and they sit in the car with the air conditioning running, watching
the
intersection... Tell me I'm wrong. I've seen it. I drive by there. They
sit
In the car and they look. OK? Ted, you've seen it?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: I've seen it, and sometimes you got two and three
of
them that are sitting in the car and they call it a walking beat.
City Manager Odio: They are walking the beat, Commissioner.
Commissioner Plummer: Where are they walking inside the car?
City Manager Odio: If you have seen them... It's an exception when you
see
them that way.
Asst. Chief Gibbs: I think...
330 June 11, 1992
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e
City Manager Odio: And the difference has been noticed... I want you to tell
me the statistics on Grand and Douglas for the last two months.
Commissioner Plummer: Sir, I will tell you that the last weekend you had
seven armed robberies at Douglas and Grand.
Asst. Chief Gibbs: I believe we had...
City Manager Odio: I remember when we used to have seven a day.
Asst. Chief Gibbs: Wasn't there a festival in the Grove then?
Commissioner Plummer: That's what I'm talking about.
Mayor Suarez: Did we have...
Commissioner Plummer: Is that seven more than we should have had?
Mayor Suarez: ... seven armed robberies at Grand and Douglas last weekend or
are we...
Asst. Chief Gibbs: This is the first I'm hearing of it, but I believe we had
Goombay...
Commissioner Plummer: That's right. We sure did. We had Goombay.
Asst. Chief Gibbs: We had thousands and thousands and thousands of people out
there and...
Mayor Suarez: I thought we had very few incidents in Goombay. I called in
Sunday night...
Commissioner Plummer: So that because we had Goombay, that justifies the
robberies.
Asst. Chief Gibbs: I haven't heard anything about that.
Mayor Suarez: I called in Sunday night and I asked and they said they had one
incident on Sunday.
Asst. Chief Gibbs: I don't... You know, maybe... I'm not...
Vice Mayor Alonso: I was there Sunday for hours. I did not see any problem.
Asst. Chief Gibbs: I haven't heard of them.
Vice Mayor Alonso: Did we have seven?
Mayor Suarez: You know, if there were...
Asst. Chief Gibbs: I don't know of them happening, but...
Commissioner Plummer: Robberies?
331
June 11, 1992
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t
Vice Mayor Alonso: Yeah.
Commissioner Plummer: You never see the robberies.
Mayor Suarez: If there were seven armed robberies in or about that corner, we
should know that. And if not, Commissioner, with all due respect,...
Asst. Chief Gibbs: I will check. —
Mayor Suarez: ... don't say it because there's many, many things being =
planned for that corner and there's the impression being given that, you know,
that really is a...
Commissioner Plummer: Let me tell you, Mr. Mayor, that two of them and I
think you are...
Mayor Suarez: As bad as things are, we don't need to exaggerate them. That's
for sure.
Commissioner Plummer: That two of them, sir, the people did not wait around
for a police officer to come and write the report. They left. When the
police officer came, they could not find the people. They had left.
Mayor Suarez: Well, there shouldn't have been one. Mr. Manager,...
Commissioner Plummer: I agree.
Mayor Suarez: ... the point is that if there 1s a true walking beat there,
it's inconceivable there would be one armed robbery in that intersection.
Commissioner Plummer: Mr. Mayor,...
Mayor Suarez: So either...
Commissioner Plummer: ... may I also suggest...
Mayor Suarez: Yes.
Commissioner Plummer: ... that the intersection of Douglas and Dixie is just
as bad. That filling station on the corner is unbeknownst to tourists from
out of town on US 1 who stop 1n that filling station to gas up before they
drive into town, and I want to tell you that, that one filling station is just
as bad as it is at Douglas and Grand, is Douglas and Dixie. They run across
the street over into the Metrorail and they are either there and gone or good-
bye. Miami Subs Shop, I thought I didn't know how they could survive when
everybody else went under. Friday night, a week ago, they went into that sub
shop, they beat the living hell out of the security guard, just to steal his
gun. OK? These are the kind of things that are going on down there. When
you take what's happening over by the Coconut Grove Playhouse, it is
incredible that they are now moving down Main Highway, and we can't seem to do
anything about it. I don't understand.
Mayor Suarez: I am not inclined to get into a citizen discussion of this
issue, folks, because...
332 June 11, 1992
Commissioner Plummer: We11, we will fully on the 9th,...
Mayor Suarez: Yes.
Commissioner Plummer: ... as I'm...
Mayor Suarez: That's the idea.
Ms. Weber: May I just make one comment?
Mayor Suarez: Well, if you make one comment, how am I going to keep everybody
else from making a comment, Mary? I mean, you've got another item here today,
right?
Ms. Weber: Several.
Commissioner Plummer: Three.
Mayor Suarez: right. And five minutes ago, or 15 minutes ago, you were
pointing to your watch, trying to get me to move the agenda, and I was going
to suggest that you remind your coconspirator, Tucker Gibbs, who's out there,
that one of the things you do get so far from this Commission is you get a lot
of attention, in the Grove and otherwise. We try to solve all the problems.
God knows we are going to even delve what very few commissions anywhere in the
country delve into, which is the specifics of police deployment, and we need
your input at that point. But, you know, if you were to go to unincorporated
Dade, I'd love to see you try the kind of hearing that we've had here today
with them, because they are not going to let you do it. They are going to
schedule you and give you a few minutes and if you get your say, they are
going to go on and do something else, when they represent 2,000,000 people.
We are trying to represent 358,000, by the latest census counts, 820,000 a day
on a daily population basis and about eight and a half million tourists that
many of them come through the City of Miami. So,...
Commissioner Plummer: Cheers.
Mayor Suarez: ... folks, give us your input. We'll try to do the best we
can, and please don't leave the municipality of the City of Miami. That would
not be good for us.
Ms. Weber: Well, with all due respect, I think that...
Mayor Suarez: That would not be good for us. I mean,...
Ms. Weber: With all due respect, I think that you, as Commissioners, and...
Mayor Suarez: The only reason I'm allowing you to speak is because the
Commissioner brought up the issue of de -annexation. I mean, this is not...
Ms. Weber: And asked me a question.
Mayor Suarez: ... police deployment. We are going to do that, Esther Mae,
and I ran into, I guess, your nephew or somebody the other day who gave me
333 June 11, 1992
F W
a�_T 7
information on a tree, which I think we had trimmed. I mean, folks, this is
government at the citizen level like you've never seen. Try someone else for
it and see if they are so responsive. But you are going to deal with the =_
issue of de -annexation, which the Commissioner brought up, right? _
Ms. Weber: Yes. And in direct response to what you, Mr. Mayor and
Commissioners, have been saying, with all due respect to you, you can --
pontificate and grandstand all you want, all evening, any evening you so
choose. However, the bottom line is what we want, what we pay for and what we
need in Coconut Grove is additional cops in cars throughout all of the
streets, north, south, central, Village Center, etcetera. Bottom line.
Commissioner Plummer: Agreed.
Mayor Suarez: OK. We will sort of ignore the...
Commissioner Plummer: The only problem we have, Mary,...
Mayor Suarez: ... grandstanding and pontification characterization and take
your remarks for what they really mean, which is that we've got to do better
in deployment. Yes. _
Commissioner Plummer: Let me give you one of the problems so you'll know. Of the new police cars we just bought, my last check, there were 78 of them
wrecked in the motor pool. That's why we don't have enough to go around.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: I don't know why they were wrecked. Because somebody
didn't look what they were doing, I guess.
i City Manager Odio: But, J.L., you keep using the number of $55,000 per
officer. Just for the record, Mayor, you...
Commissioner Plummer: Excuse me. Excuse me.
City Manager Odio: ... know this. We have 105 police officers assigned to
the Grove. OK? You multiply that times fifty-five and you know what we are
spending in police officers, alone in the Grove.
Mayor Suarez: Yeah, but the 105 seem to be weighted rather heavily on this
part of the Grove here, the east Grove, and not the west Grove.
-± City Manager Odio: No.
Mayor Suarez: That's what seems obvious and that's where we have a problem.
City Manager Odio: Well, could be. I'm not going to argue that, but we have
105.
Mayor Suarez: And that's what we are going to get into. Folks, I hope you
are back on July 9th. The entire morning.
334 June 11, 1992
Commissioner Plummer:
Heights you got five.
•
You'll have a rough time telling the people in Bay
Mayor Suarez: Maybe we made a mistake in making it in the morning. If you
can't come in the morning, let us know. We'll continue it in the evening,
hopefully.
NOTE FOR THE RECORD: At this point, agenda items 49
and 50 were deferred to July 9th meeting.
-------------------------------------------------------------------------------
56. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION
DIRECTING MANAGER TO ALLOCATE $35,000 IN 14TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM FUNDS FROM: CITYWIDE MULTIFAMILY HOUSING
PROJECT -- TO PROVIDE GRANT TO THE WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION FOR ACQUISITION OF 37 PRIVATELY -OWNED RENTAL
HOUSING UNITS IN WYNWOOD COMMUNITY DEVELOPMENT TARGET AREA (See label
60).
Mayor Suarez: Item 35. Does anybody have any problem with 35? If not, I'll
entertain a motion on 35.
City Manager Odio: It's the Wynwood Community Economic Development for
acquisition of 37...
Vice Mayor Alonso: Oh, I have some questions.
City Manager Odio: ... privately -owned rental housing units.
Commissioner Plummer: The question I have, as I always have, is if, in fact,
there is a reverter.
Mr. Jeff Hepburn: Yes, there is...
Commissioner Plummer: If this thing goes defunct, we have first position.
Mr. Hepburn: There will be a reverter clause provided in the lease.
Commissioner Plummer: To the City?
Mr. Hepburn: Correct.
Commissioner Plummer: In first position?
Mr. Hepburn: When that loan closes, the bank will be in the first position.
Our loan would be 1n the second. It's a grant of $35,000, it would be in the
second position.
335
June 11, 1992
e
Commissioner Plummer: Which is... There is adequate there to cover
amount?
Mr. Hepburn: Correct.
Commissioner Plummer: OK.
Vice Mayor Alonso: This is a grant.
Mr. Hepburn: Currently, it's a grant for $35,000.
Commissioner Plummer: Yeah, but, in fact, if it goes bottom up, we get our -
money back, or we get at least part of the property.
Vice Mayor Alonso: What are the possibilities that rather than a grant, could
it be a loan?
Mr. Hepburn: We could try to structure the deal as a loan. We could. I
don't know what their numbers look like based on a loan. Bill would have to
say that.
Mr. Bill Rios: Our numbers are marginal. You know, we could try to do a loan
maybe over the entire term of the bank loan and with the first three years, no
payment, and we'll pay the rest of it off.
Vice Mayor Alonso: The present owner was... Could you discuss the possibility
of them granting you...
Mr, Rios: The present owners are...
Vice Mayor Alonso: ... a loan for $35,000 and be in second position to the
_!
bank?
-_
Mr. Rios: I asked them. The owners are here. You
can put the question to
them, Commissioner.
_
Vice Mayor Alonso: Because they are getting $215,000
cash from the bank.
Mr. Rios: From the bank.
_{
Vice Mayor Alonso: So what about the...
F
Mr. Mario Manrique: My name is Mario Manrique, and
no, we cannot. We are
extremely... in a financial situation very bad. So
we need all the cash we
can get out of the deal. This is a distress sale.
-P
=Y
Vice Mayor Alonso: You realize that this is a very good deal for you?
'
Mr. Manrique: No, for us it's a distress sale. It's
a good deal because it's
-fit
a cash deal. That's the reason it was made.
-
Vice Mayor Alonso: If you were going to sell the
properties in the market
today, you couldn't sell not one property...
—'
336
June 11, 1992 -
11
Commissioner Plummer: Well, that's simple. I move to deny.
Vice Mayor Alonso: No. I don't... I think that what we should try to do is
rather than denying this, is to try to work with them to see, one, maybe you
will be willing to give a second mortgage to them of $35,000 so we don't have
to give them a grant, or if...
Mr. Rios: We would take it. We would try to do a loan for the length of the
bank loan.
Commissioner Plummer: I move to deny.
Mr. Rios: J.L., come on.
Mayor Suarez: Table the item. Talk it over. Chair tables the item.
NOTE
FOR THE RECORD:
At
this point, agenda item 37
was withdrawn.(See
label
2.)
---------------- -------- ----------------------------------------------------
57. GRANT REQUEST BY DIABETES RESEARCH INSTITUTE FOUNDATION FOR WAIVER OF
DOCKAGE FEES AT MIAMARINA IN CONNECTION WITH ITS CATCH A CURE FISHING
TOURNAMENT.
Mayor Suarez: Thirty-eight.
City Manager Odio: I recommend that we waive the fees.
Mayor Suarez: Dockage fees at Miami Marina.
City Manager Odio: Yes.
Mayor Suarez: Move to waive.
Commissioner Plummer: What?
Mayor Suarez: Is there anyone here on...
City Manager Odio: Thirty-eight.
Mayor Suarez: ... behalf of item 38?
This is a good event.
Commissioner Plummer: The only thing we are doing is waiving the fee.
City Manager Odio: Yes, sir.
S -
337 June 11, 1992 -
Mayor Suarez; All right. Moved by Commissioner Plummer.
Commissioner Plummer: Yes.
Mayor Suarez: Seconded? Commissioner De Yurre. Call the roll on 38. Just a
waiver.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-416
A RESOLUTION WAIVING APPLICABLE DOCKAGE FEES IN AN
AMOUNT NOT TO EXCEED $500 FOR THE USE OF AVAILABLE
SLIPS AT THE CITY -OWNED MIAMARINA BY PARTICIPANTS AND
GUESTS OF THE SIXTH ANNUAL "CATCH A CURE FISHING
TOURNAMENT" SPONSORED BY THE DIABETES RESEARCH
_ INSTITUTE ON AUGUST 22, 1992, SUBJECT TO SUCH
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE
ADMINISTRATION OF THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None. -
ABSENT: Commissioner Miller J. Dawkins
E
v
-a —
338 June 11, 1992 -
58. GRANT REQUEST BY REPRESENTATIVES OF MIAMI LOVING MIAMI, INC. FOR PARTIAL
USE OF DESIGNATED STREETS CONCERNING ITS SECOND ANNUAL UNITY BIKE-A-
THON.
Mayor Suarez: Item 39. Waiver of certain... Use of certain streets, waiver
of all City fees, permitted to be waived pursuant to the City Code in '
connection with the 2nd Annual Unity Bike -a -than.
--
Commissioner Plummer: I'll move. The only thing we've been moving, and that _—
is the closure of the streets.
Mayor Suarez: Just closure of the streets. So moved.
Commissioner Plummer: Right.
Mr. Walter Sutton: Excuse me.
Mayor Suarez: Seconded.
Mr. Sutton: Excuse me.
Mayor Suarez: Wait, wait. We are going to do this. Lieutenant, you are OK
on it?
Lt. Joseph Longueira: Street closures?
City Manager Odio: Yes.
Mayor Suarez: Call the roll on the streets on item 39. The Unity Bike-a-
thon, just a closure of the streets.
Commissioner Plummer: Well, excuse me. Do we have in the backup what streets
involved?
City Manager Odio: Yeah.
Commissioner Plummer: And how long a period of time? I mean, it's on a
Saturday.
Mr. Frank Castaneda: This is a bike-a-thon. It's like a funeral.
Commissioner Plummer: Where is it, and how long will the streets be closed?
City Manager Odio: It's Biscayne Boulevard in front of Bayf ront Park area.
Commissioner Plummer: On the Boulevard itself?
City Manager Odio: On the Boulevard.
339 June 11, 1992
OF
}
Mr. Sutton: It starts at Bayfront fountain. It's 11 miles through the inner
city of Miami. So what we are using is police motormen.
City Manager Odio: It's only a partial closing.
Mr. Sutton: It's a rolling effect as is a procession.
t-
Mr. Castaneda: It's a motorcade.
Mr. Sutton: The whole thing takes less than an hour and a half.
t-
City Manager Odio: They won't be there, they just...
Commissioner Plummer: OK. About an hour?
Mr. Sutton: Hour and a half tops.
Commissioner Plummer: OK.
Mr. Sutton: Last year, it rained. It took an hour and...
Commissioner Plummer: That's fine.
Mr. Sutton: ... 18 minutes. Something to that effect.
Commissioner Plummer: Hope you don't get run over on the Boulevard.
Mayor Suarez: OK.
Mr. Sutton: Oh, no.
Mayor Suarez: Call the roll on the item. We have a motion and a second.
F
340 June 11, 1992
El
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-417
A RESOLUTION RELATED TO THE SECOND ANNUAL UNITY BIKE-
A-THON TO BE CONDUCTED BY MIAMI LOVING MIAMI, INC. ON
JULY 25, 1992 FROM 9:00 A.M. TO 2:00 P.M.; AUTHORIZING
THE PARTIAL AND TEMPORARY USE OF CERTAIN STREETS AND
THOROUGHFARES IN ACCORDANCE WITH THE ROUTE APPROVED BY
THE POLICE DEPARTMENT, SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE
AND INSPECTION SERVICES; AUTHORIZING THE POLICE
DEPARTMENT TO CONTROL TRAFFIC FLOW ON THE STREETS TO
BE UTILIZED AS PART OF THE BIKE-A-THON; FURTHER
CONDITIONED UPON THE ORGANIZERS PAYING FOR THE
NECESSARY COSTS AND FEES OF CITY SERVICES ASSOCIATED
WITH SAID EVENT, AND SUBJECT TO THE ORGANIZERS
OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT
AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: OK. Now did you, at your own risk, want to add something else?
Mr. Sutton: Yes, I did. I tried that last year and you told the people to
open the doors because we were going through them. So could you have those
officers open the doors because we are trying it again this year? This year,
in an attempt to make this very effective,...
Mayor Suarez: We have no money.
Mr. Sutton: We have a budget...
City Manager Odio: No money.
Mr. Sutton: ... $10,357, and I delivered to each Commissioner, the City
Manager and the Mayor.
Commissioner Plummer: That's fine.
341 June 11, 1992
Mr. Sutton: We attempted this last year, we made an impact in the community
toward unity. Now, needless to say that we need to do this year. Now what we
are trying to do is not be a reactive organization. We are trying to be
proactive and avoid some problems here before they even come up. The things
that Miami Loving Miami is doing, by getting people on bicycles and other
things, helps the community. This is a priority. The $10,357 we need here
helps a portion of this to make a reality.
Mayor Suarez: We have...
Mr. Sutton: We are asking you to please consider that before not voting on
it.
Mayor Suarez: We have $4,000,000 less in our tax base going into the next
fiscal year. We have absolutely no money. So, good luck and God bless you.
You are doing a good job. We are going to let you use the streets. A lot of
cities wouldn't do that. Anything further, Commissioners?
Mr. Sutton: With all due respect, Mayor Suarez. I hate to keep bringing up
things such as what has happened to the Los Angeles community, but I am here
as a representative of Miami Loving Miami to avoid the concept that everything
is great in Miami when it's not. It's issues such as this that makes the
difference, that you don't have to be reactive, and after everything is too
late. We are trying to do something that we need to be doing that should be a
priority, and to dismiss the ten thousand that we are asking for, something is
missing here, as far as where the priorities of the City of Miami is lacking.
Mayor Suarez: You may be able to get a corporate sponsor, and we may be able
to help you, because if the activity begins to take more and more importance,
you know, with more and more people participating,...
Mr. Sutton: We are looking at 1,500 this year, that's counting if you and the
other Commissioners ride.
Mayor Suarez: I could see, you know, I could see a corporate sponsor being
interested in that kind of visibility and we'll try to work with you on that.
But the City doesn't have any money. Folks, anything else? Commissioners.
If not, we go on to item 40.
Vice Mayor Alonso: If I may, can I bring back item...
Mayor Suarez: Don't hesitate to call Debbie Ambey from my staff tomorrow to
see what we can do about a corporate sponsor.
Mr. Sutton: Call who, please?
Mayor Suarez: Debbie Ambey from my staff. She seems to be very good at
helping people financially.
342 June 11, 1992
59. PERSONAL APPEARANCE: MANUEL GONZALEZ-GOENAGA, DENOUNCING POLICE
DEPARTMENT IN CONNECTION WITH MISSING PERSONAL PAPERS (See label 62).
------------------------------------------------------------------------------
Mayor Suarez: Mr. Gonzalez-Goenaga, how much time do you have, do you need,
sir?
Vice Mayor Alonso: Mr. Mayor, if I may? May I bring back 35?
Mayor Suarez: Yeah, let me just ascertain how much money he needs. How much
time he needs.
Mr. Manuel Gonzalez-Goenaga: Well, since I have been here since 7:30 in the
morning and I did not speak all day long,...
Mayor Suarez: I know. 1 know. But don't editorialize. How much time do you
need?
Commissioner Plummer: You got a hell of a steam...
Mr. Gonzalez-Goenaga: It all depends because my papers have been stolen. My
notes and...
Mayor Suarez: Wait, wait. Can you make those available to him for the
presentation? Do you have those handy somewhere?
Mr. Gonzalez-Goenaga: Yes. It was as evidence for... That is mine.
Lt. Joseph Longueira: Mr. Mayor, they were given me as part of the complaint
as evidence for an investigation.
Mayor Suarez: So you can't give them back to him? Is there some notes that
he can retrieve from there maybe? There's no notes in there.
Mr. Gonzalez-Goenaga: No notes? The notes that I have prepared for this.
Some people have been playing around with my envelope.
Mayor Suarez: All right, why don't you take a couple of minutes, Manolo,
to...
Mr. Gonzalez-Goenaga: No, just one minute.
Mayor Suarez: All right. And Lieutenant will let you look through it. Is
that all right, Lieutenant? Are we OK on procedure if he just...
Lt. Longueira: I'll look through it.
Mayor Suarez: Right.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
343 June 11, 1992
Mayor Suarez: Madam Vice Mayor... Sir, please.
(AT THIS TIME, THIS ITEM WAS TABLED)
60. (Continued Discussion) ALLOCATE $35,000 IN 14TH YEAR COMMUNITY _=
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS FROM: CITYWIDE MULTIFAMILY
HOUSING PROJECT -- TO PROVIDE GRANT TO THE WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION FOR ACQUISITION OF 37 PRIVATELY -OWNED RENTAL
HOUSING UNITS IN WYNWOOD COMMUNITY DEVELOPMENT TARGET AREA (See label
56).
------------------------------------------------------------------------------
Mayor Suarez: Madam Vice Mayor, you had an item.
Vice Mayor Alonso: Yes, I want to bring back item 35 and I'd like to move for
approval with changing the $35,000 be given as a loan, and that terms to be
worked out with the Administration.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Commissioner Plummer: I'll second it.
Mayor Suarez: Boy, you really jump when she kind of slaps around there. All
right. Now we know.
Commissioner Plummer: I was scared she was going to beat me.
Mayor Suarez:
roll on 35.
Moved and seconded. Any discussion? If not, please call the
344 June 11, 1992
i
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-418
A RESOLUTION DIRECTING THE CITY MANAGER TO REALLOCATE
$35,000 IN 14TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
("CDBG") PROGRAM FUNDS, FROM CDBG PROJECT, ENTITLED
"CITYWIDE MULTIFAMILY HOUSING PROJECT", FOR THE
PURPOSE OF PROVIDING ASSISTANCE, IN THE FORM OF A
LOAN, TO THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION FOR ACQUISITION OF THIRTY-SEVEN (37)
PRIVATELY -OWNED RENTAL HOUSING UNITS LOCATED IN THE
WYNWOOD COMMUNITY DEVELOPMENT TARGET AREA, SAID CITY
ASSISTANCE TO BE PROVIDED TO THE NOT -FOR -PROFIT
CORPORATION AS AN ACQUISITION LOAN; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI AND WYNWOOD
COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, CONTINGENT
UPON INCORPORATION OF REVERTER PROVISIONS IN SAID
AGREEMENT AND DEED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
-----------------------------------------------------------------
Mayor Suarez: Item 41. We'll get right back to you, Manolo, as soon as we
retrieve your notes.
Commissioner Plummer: What about Manny?
Mayor Suarez: We are going to get back to him when we get his notes for him.
Mr. Manuel Gonzalez-Goenaga: We11, I can start from now and then when I get
my notes I continue.
Mayor Suarez: No. That what worries me because I want to limit you as to
time, Manolo, and I want to make sure you got your notes so that we can agree
on an amount of time that you need. I think, under the City Code, the
_! absolute maximum amount of time by any reckoning and any reading would be 8
minutes, but I am sure you won't need that long, will you?
=i
345 June 11, 1992
i s �
Commissioner Plummer: He just gets warmed up in 8 minutes.
----------------------------------------------------------
NOTE FOR THE RECORD: At this point, agenda item 41 was
continued to next meeting.
----------------------------------------------------------
Mayor Suarez: OK. While you do that, item 41. I am calling item 41.
Mr. Castaneda: They requested to be continued for the next hearing.
------------------------------------------------------------------------------
61. REQUEST BY THE COMMISSION FOR THE QUINCENTENNIAL COMMEMORATIVE MONUMENT
FOR PLACEMENT OF A CITY -OWNED STATUE OF PONCE DE LEON IN A MORNINGSIDE
PARK -- DECISION TABLED.
------------------------------------------------------------------------------
Mayor Suarez: OK. I am calling item 42.
Commissioner Plummer: A statue of Ponce de Leon.
Mr. T. J. Pappas: Mr. Mayor.
Mayor Suarez: Yes, sir.
Vice Mayor Alonso: Where is the statue to begin with?
Mayor Suarez: Please, please, Mr. Gonzalez-Goenaga. Lieutenant, why don't
you work that out with him.
Vice Mayor Alonso: Mister, ah...
Commissioner Plummer: I don't think we have one.
Mayor Suarez: Is it worked out? Thank you, sir.
Mr. Pappas: This is going to take 3 minutes. We don't want any money. We
are not mad at anyone. We don't have anything...
Commissioner Plummer: You don't belong here.
Mr. Pappas: I know that, so... What our Commission on the Quincentennial of
the Comnemorati ve Monument. We are going to put a statue in Ponce de Leon
Park. Ponce de Leon... I don't have to go into Ponce de Leon. Everybody who
_- Ponce de Leon is. There is one that the City had given to them, Mr.
_i
Plummer,...
1 Commissioner Plummer: Excuse me. Where is Ponce de Leon park?
Mr. Pappas: Yeah. It is in Coral Gables.
z
�I
346 June 11, 1992
— a
t�
y
Vice Mayor Alonso: No. Where is Ponce de Leon the statue? Where is it? -
Mr. Pappas: It is another little City next to us here. But a sister City.
Mayor Suarez: What do you need from us, Ted?
Mr. Pappas: The statue that is laying out in the park somewhere.
Mayor Suarez: I'll entertain a motion for that. Is there problem with it _=
Commissioner, Madam Vice Mayor? _
Vice Mayor Alonso: No. I just want to know...
Mr. Pappas: Go ahead.
Vice Mayor Alonso: ...that statue, and how many more, and where are they
located.
Mr. Pappas: Mr. Lee has the letter on that.
Mayor Suarez: Wally, what have you been doing with the statues?
Asst. Manager Wally Lee: We have a list, Commissioner, I will be glad to
provide it to you.
Commissioner Plummer: Where are they...
Vice Mayor Alonso: You mean to tell me you don't know where is the statue, do
you?
Asst. Manager Lee: Yes, I do.
Mr. Pappas: Yes, we know that.
Vice Mayor Alonso: Where is it?
Asst. Manager Lee: It is under Parks Department, housekeeping, right now. It
used to be located at Bayfront Park.
Vice Mayor Alonso: And do you know that we have more than this one?
Asst. Manager Lee: Yes, ma'am. And we have several plaques and busts and
everything else.
Vice Mayor Alonso: OK. I want tomorrow morning to have the location where
they have it. I want to go and see what else do we have there.
Asst. Manager Lee: Yes, ma'am.
Commissioner Plummer: How much are you going to pay us for the statue.
Mr. Pappas: Whatever you wish, sir. We will...
347 June 11, 1992
Mayor Suarez: Let's see, we are four million down. There you go. He's got
it. Four million we have been saying it all day.
Commissioner Plummer: We want to keep it here.
Vice Mayor Alonso: With all due respect I would it to stay here.
Mayor Suarez: I like that man. He's got...
Mr. Pappas: Yeah, yeah. Go ahead.
Mayor Suarez: I like John. There you go.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Commissioner Plummer: If we keep it here, where are you going to put it?
Unidentified Speaker: Morningside Park.
Commissioner Plummer: Morningside Park.
Mr. Pappas: Well...
Mayor Suarez: Morningside Park is looking very nice, folks. I...
Mr. Pappas: That may be some...
Mayor Suarez: ...was by there the other day.
Mr. Pappas: Fine. If you would like to keep it here I can't stop you from
that. We have already made some arrangements with the Consul General of Spain
who gave this to the Commission at that time. The Consul General did in 1976.
And with the City of Coral Gables, but we thought for housekeeping, we ought
to come. It has been laying there since the park has been upset and so on. I
don't think anyone would ever even know it was there.
Mayor Suarez: I'll entertain a motion on the donation of the statue, with all
the usual caveats that we put on these things, such as, making sure that you
use it for the proper purposes, et cetera.
Commissioner Plummer: Mr. Mayor, I...
Mayor Suarez: You were trying to get some money for it.
Commissioner Plummer: No. I think the world of Ted Pappas, but I am very
pleased to see the people of this community are interested in keeping it in
the community.
Vice Mayor Alonso: Yeah. I know.
Commissioner Plummer: And I would like to hear from them.
Mr. Doug Broeker: OK If I could.
348 June 11, 1992
Mayor Suarez: Oh, I am sorry. You really were...
Mr. Broeker: We are serious,
Mayor Suarez: Oh, it was my mistake. I thought you were just trying to get a
little money for it or something.
Vice Mayor Alonso: I have been trying to get a statue...
Mr. Broeker: Doug Broeker, 537 N.E. 55th Terrace, Morningside. We just
happen to be here for another item and we have heard before of our Parks
Committee of the Morningside Civic Association is interested in this statue
for Morningside Park, and with all due respect for Mr. Pappas, I am not
prepared to address the issue tonight, but if we could continue it for the
next meeting so we could have a definitive statement from Morningside, that
would alleviate the possibility of severely disappointing somebody who has
been working on the park's committee for the Morningside Association for
years.
Mayor Suarez: Just out of curiosity why, specifically, Ponce de Leon?
Mr. Broeker: I am not certain what the rationale was for that particular
statue, but we all distinctly remember meetings of the Civics Association
going back a couple of years...
Commissioner Plummer: He sold hot dogs on Biscayne Boulevard.
Mr. Broeker ...where this has been discussed.
Mayor Suarez: It may have been, no, seriously, it may have been that you
thought that was the only one that had historical significance that was
available for a nice park or facility, and as a Commissioner suggesting, Vice
Mayor suggesting, there may be a lot of other ones available of other people.
There might even be another Ponce de Leon statue around. Who knows.
Mr. Broeker: Mr. Mayor, if we could, could we defer this item for at least an
hour so I could make a call, and perhaps...
Mayor Suarez: We'll table it for a little while, I mean, if... We either act
on it today or we defer it which would...
Mr. Broeker: All right. I'll get on the phone right now. I am sorry to jump
in like that, but I just... We happened to be here on another item and heard
it.
Mayor Suarez: OK. Ted...
Mr. Broeker: I'll make a call right now.
Mayor Suarez: ...you want to finish your presentation? We could always...
Mr. Pappas: That is... It really is...
Mayor Suarez: Wait, wait, wait, please.
349 June 11, 1992
a<
Mr. Pappas: Go ahead.
Mayor Suarez: ...I am going to say something...
Mr. Pappas: Go ahead.
Mayor Suarez: ...that might ease your mind a little bit.
Mr. Pappas: Sure.
Mayor Suarez: If we don't act on it today, we'll take all of your remarks,
and your architects and they will be for the record. You won't have to come
back. We'll take some kind...
Mr. Pappas: Appreciate that.
Mayor Suarez: ...of provisional action, or something,...
Mr. Pappas: Good.
Mayor Suarez: ...so it will be self executing. So you won't have to come
back.
Mr. Pappas: I want to compliment you. It really 1s government with the
people. Thank you. That's it.
Mayor Suarez: That's it.
Mr. Pappas: Nothing else. That's all.
Mayor Suarez: I hear from the architect.
Mr. Jose Feito: Right. My name if Jose Feito, I am an architect, and we I
think this statue is going to be perfect on that park because it's a joint
venture between Coral Gables and the City of Miami. We have designed a base
and ready to go for that thing. I guess if you can't find another statue for
the gentleman to have in his park, it will be excellent. And I think you have
plenty of them, you know.
Mayor Suarez: Yeah. It is not the most consuming issue, you know, of concern
here, but we would like to solve their problem. So if you want to hang around
a little while, Jose.
Mr. Feito: All right. Thank you very much.
350 June 11, 1992
62. (Continued Discussion) FURTHER COMMENTS BY MANUEL GONZALEZ-GOENAGA
CONCERNING MISSING PERSONAL PAPERS (See label 59).
Mayor Suarez: All right. We are going to table the item for a moment. Item
40, once again. Manolo Gonzalez-Goenaga, you have got 8 minutes. Madam
City... Do you need 8 minutes?
Mr. Manolo Gonzalez-Goenaga: Yes.
Mayor Suarez: All right. Madam City Clerk count him.
Mr. Gonzalez-Goenaga: Honorable and virtuous Commissioners and the thief from
the Commission or somebody that stole my papers, and distinguished bureaucrats
of this Administration. I don't come here to gain popularity or sympathy from
you, Mr. De Yurre, and the rest of the Commission, with one or two exceptions.
Since I started coming before you on October 16, 1990, the day I was first
arrested, and you, all of you are on record, through my oral statements, and
my written and valid requests, ,and with scant or nonexistent answers to my
valid requests. You have provided me today, thorough you omissions, actions
and inactions, the groundwork for my personal appearance on this police
brutality issue part II. I might need part III. There are two types of
police brutality, and now there is a third. The thievery from the Police
Department, physical and verbal. With the physical, I have requested letters
from the City Attorney, Henry the eighth, and he has not answered any of my
letters. I have also requested letters from the Chief of Police regarding the
verbal complaints, and the complaints that I have had against the Police
Department and nothing... No answer. And the letter is from April the 8th. I
try to make a complaint against Cesar, when he threatened me, and he has to be
withhold on the outside and insulted me, and I went to, as a citizen, to
follow the procedures and the Police Department do not accept any more
complaints from me. In other words, it is my thinking, or my perception, that
what I did say in police brutality, part number one, I am an impostor, I am a
liar, and I should not be heard here anymore. For your information the police
brutality, verbal, has extended now to the Metro, and I was in jail for three
days, this weekend, for saying "get off the tail of George Bush, and join in
the bandwagon with Ross Perot to the White House." For that I was in jail,
and I have to post a seven hundred and fifty fine, and I... Let me tell you.
I went into the gallery with the prisoners. Of course, the prisoners when
they are in the galleries, are at their best. But I felt more secure there
than seeing the police around this town.
Commissioner Plummer: Wait a minute. Manny, how come when you are talking,
we get all of the substitutes instead of the high priced help?
Mr. Gonzalez-Goenaga: Well, because I was going to say something about Cesar.
Commissioner Plummer: Oh, OK. Good. Good.
Vice Mayor Alonso: He knew.
351 June 11, 1992
Mr. Gonzalez-Goenaga: And it is going to go directly to the heart. Not to
the fingers or the toes. And the main thing is that I am sick and tired, and
I think you people, Commissioners, are of this type of Administration, and Mr.
Cesar Odio should make a full disclosure, if he has a legal college title,
when he made representations to be named City Manager. This is a very, and
I... Since you have not done an investigation of my complaints, I urge the
federal government, and Janet Reno, to reinvestigate his title from the
Florida Memorial College, because if he falsified or if he purchased his
college title, he is not fit to be the City Manager.
Commissioner Plummer: I thought he was a doctor of "botellas."
Mr. Gonzalez-Goenaga: And know I am going to go specific to the police
brutality issue. I did not need to speak about something that is written in
the books, and you have seen, and you have read at times. I am going to
mention something totally different. Let's clean up the police, instead of
covering up for the police. And let's break what is not written, the code of
silence, because the code of silence is for the Mafia, which I respect, but I
do not respect the Police Department, because you are not supposed to cover
and make false statements when they make arrests. And you laugh. I am now
going now that I have said here many times and I have evidence through the
depositions and the testimony of trail of Frank Chacon and the Police
Department have not done a thing, and it is understandable. It is very
understandable because the robbery of the hundred and fifty thousand dollars
from the safe of the Police Department, nothing has been done about it, and
the bicycles and the marijuana, right from the Police Department and they are
supposed to be servants of the people, protecting the people, instead of
harassing, and putting in jail a person who just... I think I am the first
political prisoner of the Perot campaign, and he's not even a candidate yet.
So, this is becoming worse than Cuba and now I am proposing to bring Mr. Fidel
Castro as Chief of Police, only, to Miami to clean up all of the Police
Department.
Mr. Ruben Avila, Jr.: Mr. Mayor, I think he is out of order.
Mr. Gonzalez-Goenaga: And let me finish.
Mayor Suarez: Finish up, Mr. Gonzalez-Goenaga.
Mr. Gonzalez-Goenaga: In the City Administration, when things are in such a
bad shape, and I am not giving a break to the Police Department...
Commissioner Plummer: Oh, God.
Mr. Gonzalez-Goenaga: ...because the ones who are supposed to give the
example and governments, like trees, start to fall down from the top down.
Commissioner Plummer: To think I went through a campaign for this.
Mr. Gonzalez-Goenaga: The top person, Cesar, he's a fake. And he has a
warehouse of "botellas," in the City, when the...
Commissioner Plummer: That is true.
352 June 11, 1992
11
Mr. Gonzalez-Goenaga: "Botellas." A warehouse of "botellas" at City Hall.
Commissioner Plummer: This is the "el jefe" of the "botellas." Ask him. He
knows where they are hidden.
Mr. Gonzalez-Goenaga: And I know everything. You people think that I do not
know. I know which gang you belong to, Mr. Smith. Yes. Yes. And I know why
you are at City Hall and what Mr. Pepe Hernandez's son is working in the
marina. And many other things, that if you allow me to speak, you know every
citizen of this City will be totally ashamed. I urge Janet Reno to...
Mr. Avila: Mr. Mayor, his time is up.
Mr. Gonzalez-Goenaga: I urge Janet Reno...
Mayor Suarez: You are not keeping track of it, the City Clerk is.
Mr. Gonzalez-Goenaga: ...and the federal government and the FBI (Federal
Bureau of Investigation) to contact me and I will, because I am a man of
courage, I will say, I repeat with evidence, what I have said here today.
Thank you very much.
----------------------------------------------------------
NOTE FOR THE RECORD: At this time, agenda item 43 was
called for discuss on. Record was marked to reflect no
appearance by interested parties at that time.
----------------------------------------------------------
Mayor Suarez: Thank you, sir. Item 43. Are they here?
Commissioner Plummer: Don't somebody want rebuttal time?
Mayor Suarez: Item 43. Please, don't even suggest it. He says those kinds
of things rhetorically, folks. You don't need to answer. Item 43. I mean my
colleague.
Commissioner Plummer: Ask De Yurre. It's De Yurre's item.
Mr. Gonzalez-Goenaga: No. De Yurre...
Mayor Suarez: Have a seat, Mr. Gonzalez-Goenaga.
Mr. Gonzalez-Goenaga: No. I am leaving my friend.
Mayor Suarez: Preferably outside the chambers. Thank you. Item 44.
Mr. Gonzalez-Goenaga: Let me see if I have left something here before the
public...
Mayor Suarez: Please, Mr. Gonzalez-Goenaga, you are no longer being
recognized.
Mr. Gonzalez-Goenaga: My papers.
353
June 11, 1992
F
Mayor Suarez: You will have to deal with the Police Department on that, sir,
outside.
Mr. Gonzalez-Goenaga: The tickets for the... You have the last number. From
there on they were stolen.
Mayor Suarez: If Mr. Gonzalez-Goenaga insists on... There we go.
Mr. Gonzalez-Goenaga: I am telling the truth.
Commissioner Plummer: There is... They got 10,000 of these tickets at ten
dollars each, Joe.
Mayor Suarez: No. That you can do.
entitled to do that. All right.
Mr. Gonzalez-Goenaga: Two hundred tickets.
Mayor Suarez: Sir. Outside.
You can always do that. You are
63. GRANT REQUEST BY CARLOS BATISTA FOR CLOSURE OF DESIGNATED STREETS
CONCERNING BLOCK PARTY IN DOWNTOWN MIAMI CELEBRATING NEW DOWNTOWN LATIN
STATION RESTAURANT.
------------------------------------------------------------------------------
Mayor Suarez: Item 44. Carlos.
Commissioner Plummer: I counted every one of them.
Mr. Carlos Batista: I am Carlos Batista, President of Light Up Miami
Nonprofit, Incorporated, and I am here on behalf of Light Up Miami also of
Nathan Rock, and Rock Enterprises.
Mayor Suarez: You have any problems with the request for the street closure
for the celebration?
Mr. Bastista: Yes. for the record, Mr. Mayor, we are asking for the closure
of the street, for a permit to sell beer and wine, for a restriction of
peddlers, and also for a waiving of fees that can be waived by the City.
Commissioner Plummer: What day of the week is it?
Mr. Batista: In the name of Light -Up Miami.
Commissioner Plummer: What day of the week?
Mr. Batista: It will be July the 2nd which is the Thursday...
Vice Mayor Alonso: Thursday.
Mr. Batista: ...before the Friday which is a long weekend.
354 June 11, 1992
i
Commissioner Plummer: At what time of the day is it?
Mr. Batista: From four till about ten o'clock.
Commissioner Plummer: Four in the afternoon...
Mr. Batista: Yes, sir.
Commissioner Plummer: ...till ten in the evening.
Mr. Batista: Yes.
Commissioner Plummer: I so move.
Vice Mayor Aionso: Second.
Mayor Suarez: So moved and seconded. Remember waiver of fees, in this case,
there are no fees that we can waive.
Mr. Batista: There is about three hundred and sixty-two dollars that you can
waive, as compared to one thousand one hundred and fourteen that will not be
waived.
Mayor Suarez: Ah, OK.
Commissioner Plummer: Forget it.
Mayor Suarez: So you understand which are waivable and which are not. All
right. Call the roil then.
355 June 11, 1992
C
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-419
A RESOLUTION RELATED TO A BLOCK PARTY TO BE CONDUCTED
BY LIGHT -UP MIAMI, INC. IN CONJUNCTION WITH FLAGLER
STATION LTD. TO CELEBRATE THE OPENING OF A NEW LATIN
STATION RESTAURANT ON THURSDAY, JULY 2, 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; AUTHORIZING A ONE -DAY PERMIT
TO THE ORGANIZERS TO SELL ALCOHOLIC BEVERAGES IN
CONNECTION WITH SAID EVENT; ESTABLISHING AN AREA
PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE
EVENT; WAIVING ALL WAIVABLE CITY FEES RELATED TO SAID
EVENT; 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 Vice Mayor Alonso, the resolution
was passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
----------------------------------------------------------
NOTE FOR THE RECORD: At this point, agenda item 45 was
withdrawn.
----------------------------------------------------------
Mayor Suarez: Maria Cristina Barros, Item 45. Is any one here on that item?
Vice Mayor Alonso: I withdraw.
356 June 11, 1992
64. PERSONAL APPEARANCE BY ROBERTO GODOY, EXECUTIVE DIRECTOR OF MODEL
HOUSING COOPERATIVE, INC., TO REQUEST A GRANT TO CONVERT TENANTS OF
BUILDINGS AT 1118-1126 N.W. 5TH STREET INTO COOPERATIVE OWNERS -- NO
ACTION TAKEN.
Mayor Suarez: Item 46. Roberto. He was here all day.
Vice Mayor Alonso: Yeah. He's here.
Commissioner Plummer: He was here.
Vice Mayor Alonso: Even though this item is tied to the one of the
Miami
Dade.
Mr. Roberto Godoy: My name is Roberto Godoy, 726 N.W. Miami, Florida...
Mayor Suarez: Roberto. You understand the Vice Mayor points out that
you
items depends for funding...
Vice Mayor Alonso: The Miami Dade funding.
Mayor Suarez: Right. Funding ability from our prospective and yours
on a
issue that we have to decide that we postponed till July 9th...
Vice Mayor Alonso: Ninth.
Mayor Suarez: ...I believe it was.
Commissioner Plummer: Yeah.
Mayor Suarez: So you can make your remarks and we'll take them
unde
advisement, but we probably won't be able to decide...
Mr. Godoy: I would like to make some remarks and then, of course, if there i
no... any other item, then to wait until next July.
Vice Mayor Alonso: Exactly.
Mr. Godoy: Yes.
Vice Mayor Alonso: The action will...
Mr. Godoy: But I would like to make...
Vice Mayor Alonso: ...depend on the funding.
Mr. Godoy: ...a consideration in a few minutes that I believe
is o
importance that you keep that in mind, you see.
5
r
n
r
s =
357 June 11, 1992
11
C
Mayor Suarez: OK. But if you say it today and then you say it again on July
9th we may,...
Mr. Godoy: It is just a few minutes.
Mayor Suarez: ...you know, you may be repeating yourself, and we may forget
but go ahead.
Mr. Godoy: It is a few minutes because I wanted you to understand the
importance of this matter, you see. I say the course of the human events,
there is a time when a solution must be found. This is the first time, that I
know, that a man 87 years old appeared before this Commission to ask
something, not for him, but to help the low income families of the City of
Miami. As Martin Luther King, Jr., I had a dream. The dream of the low
income families living in a rental house to have their own home and the
housing cooperative is the unique solution with only eighty thousand dollar we
can start developing this program, and the City of Miami will tell Florida and
the federal government that we care to help these people to avoid, in the
future, what has happened in the last ten years, in accordance with the 1990
census. The rental has been increased in eighty per cent (80%). You know
that for a family to live properly cannot afford to pay more than twenty-five
percent (25%), or at the most, thirty percent (30%) of its income. The
cooperative on a cheap plans guarantee these low income families the same
rental through ownership for the next 30 years. This family will be in a
position to use the seventy percent (70%) balance of their income to pay all
other living expenses and avoid suffering shortage of food, clothing,
education for their children, entertainment and so forth, and Miami will be
demonstrate that we care. The radio, TV and newspapers are waiting that this
program is approved in the City Commission to convey the good news to the
people of Miami without model housing cooperative having to defray any money
for this public service, and we cannot lose now, the opportunity to convert
these 12 families at 1118 and 1126 N.W. into owners, and avoid the new rental
increase for July 1st that has already been notified. You know the large
amount of money spent for rental program downtown has not been successful, and
we will try to work through the National Cooperative Bank in Washington and
federal government to convert this building into cooperative ownership, but
before presenting our cooperative plan to them we have to demonstrate that we
have already converted these 12 families into cooperative owners. Thank you,
sir.
Mayor Suarez: All right. Thank you, Mr. Godoy. We will take up that item
when we consider the other funding issue on the 9th. Item 47. Is that
already resolved?
Mr. Odio: That was taken care of.
358
June 11, 1992
El
64.1 BRIEF COMMENTS CONCERNING REQUEST BY AFRO-AMERICAN COUNCIL OF CHRISTIAN
CLERGY, INC. THAT CITY ADD PARTICIPANTS TO SUMMER YOUTH PROGRAM.
Mayor Suarez: All right. Item 48. The Afro-American Council of Christian
Clergy, Inc. Commissioner Dawkins' request.
Mr. Odio: They were requesting that we add 440 participants to the summer
youth program in the City. We have been able to obtain an additional 100 from
the consortium as of now.
------------------------------------------------------------------------------
65. (Continued Discussion) ALLOCATE $1,778,855 OF 18TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS (PREVIOUSLY APPROPRIATED BY
ORDINANCE 10955) TO PREVIOUSLY NAMED SOCIAL SERVICES AGENCIES FOR
APPROVED SOCIAL SERVICE PROJECTS, AS AMENDED (See labels 25, 28 b 29).
------------------------------------------------------------------------------
Mayor Suarez: All right. Item 11. Then we will go on to planning and zoning
as quickly as we can get through them.
Vice Mayor Alonso: So actually we don't have to do anything about this? It
is...
Mr. Odio: No.
Vice Mayor Alonso: ...from the three hundred...
Mr. Odio: No.
Vice Mayor Alonso: ...requested...
Mr. Odio: Right.
Vice Mayor Alonso: ...we were able to obtain one hundred.
Mr. Odio: That right. That is what he was going to report.
Mayor Suarez: Was there a law enforcement trust fund determination on it.
Vice Mayor Alonso: Eleven but we are alone. We need... We don't have a
quorum.
Mayor Suarez: OK. We have a de facto recess unless another Commissioner can
be...
Vice Mayor Alonso: Oh, he is there.
359
June 11, 1992
Ask
Mayor Suarez: There he is. He is within close enough range of the chambers.
What is eleven?
Mr. Prank Castaneda: Commissioner, eleven...
:07-
Vice Mayor Alonso: Eleven is...
Mr. Castaneda: ...is the one that has all the social service agencies. When
you dealt with eleven you only dealt in response to the Holy Cross Day Care
Center.
Commissioner Plummer: Where are we? What item?
Mayor Suarez: Eleven.
Vice Mayor Alonso: So we moved that we approve as it...
Mr. Castaneda: You approved Holy Cross Day Care Center, Inc. only for a
month, so removing that item...
Vice Mayor Alonso: Removing that we can approve the rest.
Mr. Castaneda: The rest. Correct.
Vice Mayor Alonso: OK. I so move.
Mayor Suarez: So moved on eleven. Commission Plummer.
Vice Mayor Alonso: It is eleven.
Commissioner Plummer: Thought I had some... Hold on. I am sorry. I thought
I had some notes here. All right. The Haitian situation we have removed and
that is being held in abeyance.
Mr. Castaneda: That is correct. Two hundred thousand for the Haitians and
one hundred thousand for Wynwood.
Commissioner Plummer: OK. And when do we expect that that is going to be
forthcoming?
Mr. Castaneda: We have got in a number of proposals from different Haiti
groups who we are reviewing them and...
Commissioner Plummer: All right. You assure me that the matching grant for
Little Havana...
Mr. Castaneda: That will be on the next July meeting.
Commissioner Plumper: The medical 1s definitely on there.
Mr. Castaneda: Yes.
Commissioner Plummer: All right. What about the thing for Orlando Urra, not
in this, but is the monies there for Orlando Urra for the finishing of the day
care center up in Allapattah?
360
June 11, 1992
Vice Mayor Alonso: We gave him sixty-five thousand dollars.
Mayor Suarez: Is that there?
Mr. Castaneda: My understanding is that it has already been taken care of.
Commissioner Plummer: It is there. So the only thing then else wise that is
left up in abeyance, besides the Mato Center, is the Junior College, which
will be decided at the next Commission Meeting.
Mr. Castaneda: That is correct, Commissioner.
Vice Mayor Alonso: And two hundred thousand for the Haitians.
Mr. Castaneda: Oh, and the community based organizations which are coming
next week, next month because we postponed that.
Commissioner Plummer: The Haitians?
Mr. Castaneda: No. The whole community based organizations.
Commissioner Plummer: Oh, the CBOs (Community Based Organizations).
Mr. Castaneda: We didn't approve the economic development.
Commissioner Plummer: Yes, yes. OK.
Vice Mayor Alonso: But Frank, and for the Haitians is two hundred thousand.
Mr. Castaneda: Two hundred thousand for the Haitians, and one hundred
thousand for Wynwood.
Commissioner Plummer: And a hundred thousand for Wynwood.
Vice Mayor Alonso: A hundred thousand for Wynwood.
Commissioner Plummer: Yeah.
Mr. Castaneda: And this is for physical economic development type projects.
Vice Mayor Alonso: And the rest it was agreed last time.
Commissioner Plummer: Well, let me just for the record state that I think
that Commissioner Dawkins made some very very fine points. You know,
traditionally, over the period of time we have made grants, these areas are
changing this community. I would be very hard pressed to go into Flagami and
try to address of what we have done there with social services money except
for the southwest citizens. OK? I think that we have got to come to a more
equal distribution of that money, keeping in mind what I have said for every -
year of that money, that first we take care of the sick, and we feed the
hungry, and we will worry about the rest. I don't think there is any areas in
this community, today, that don't have people that meet the first two
criteria, but we do have areas in which we are not supplying money equally,
and proportionately across the board.
361 June 11, 1992
Mr. Castaneda: Commissioners, with the new census figure we should be getting
a lot more money because the City of Miami, in the last ten years, has become
= a lot poorer, and because of that, the increase in poverty should cause also -
an increase in funding from under community development.
Commissioner Plummer: All right, sir. Hey, I am just saying that I think in _
_ the future we got to look to be more evenly... distributing these funds out
over the entire community because there are segments of this community today
- that are totally overlooked.
Mayor Suarez: All right. On item it do we have a motion?
Vice Mayor Alonso: Yes. I move.
Mayor Suarez: And a second?
Commissioner Plummer: Second.
Mayor Suarez: Does it have to be read?
Ms. Matty Hirai: No, sir.
Mayor Suarez: If not, please call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-420
A RESOLUTION, WITH ATTACHMENT(S), ALLOCATING
$1,688,890 OF EIGHTEENTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE
NO. 10955, ADOPTED APRIL 2, 1992, TO PREVIOUSLY NAMED
SOCIAL SERVICE AGENCIES FOR APPROVED SOCIAL SERVICE
PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AGREEMENTS IN SUBSTANTIALLY THE ATTACHED FORM,
WITH SAID AGENCIES FOR SAID 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 J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
362 June 11, 1992
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[NOTE. AT THIS POINT, THE CITY COMMISSION CLOSES
COWDERATION OF REGULAR AGENDA ITEMS TO CONSIDER ITEMS
FROM THE PLANNING AND ZONING PORTION OF THE AGENDA.]
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MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 11th day of June, 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 8:05 p.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Commissioner J.L. Plummer, Jr.
Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
Sergio Rodriguez, Assistant City Manager
Miriam Maer, Assistant City Attorney
Matty Hirai, City Clerk
Commissioner Miller J. Dawkins
An invocation was delivered by Mayor Suarez and Vice Mayor Alonso then
led those present in a pledge of allegiance to the flag.
363 June 11, 1992
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66. ACCEPT, IN PRINCIPLE, LANDSCAPE BEAUTIFICATION PLAN FOR BISCAYNE
BOULEVARD AS LANDSCAPE GUIDELINES FOR BISCAYNE BOULEVARD FROM 48TF
STREET TO 87TH STREET.
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Mayor Suarez: Item PZ-1.
Vice Mayor Alonso: Thank God.
Mr. Guillermo Olmedillo: PZ-1, Mr. Mayor, Commissioners. This is the
landscaping, beautification master plan for Biscayne Boulevard...
Commissioner Plummer: Is there anybody in opposition?
Mr. Olmedillo: I do not believe so. The neighbors are represented...
Commissioner Plummer: I move it.
Mayor Suarez: Item PZ-1 has been move.
Vice Mayor Alonso: I second.
Mayor Suarez: Second. Any discussion?
Vice Mayor Alonso: It is the same that we have seen.
Mayor Suarez: Anyone wish to oppose?
Commissioner Plummer: I asked if there was any.
Mayor Suarez: Let the record reflect no one stepped forward.
Vice Mayor Alonso: It is the same that we have seen before. No changes.
Mr. Doug Broeker: Right. This is the final plan that the department has come
up with. Beautiful plan.
Mayor Suarez: Read the ordinance please. _
Asst. Manager Rodriguez: It is a resolution.
Mayor Suarez: Resolution. Call the roll then.
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364 June 11, 1992
_ The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-421
A RESOLUTION, WITH ATTACHMENT, ACCEPTING IN PRINCIPLE,
THE LANDSCAPE BEAUTIFICATION PLAN FOR BISCAYNE
BOULEVARD AS THE LANDSCAPE GUIDELINES FOR BISCAYNE
BOULEVARD FROM 48TH STREET TO 87TH STREET.
(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.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
67. DENY APPEAL -- AFFIRM ZONING BOARD'S DECISION TO RESTRICT HOURS OF
OPERATION -- REQUIRE CONSTRUCTION OF A WALL, TO BE MAINTAINED BY OWNER,
AT 3365 S.W. 37TH AVENUE (Owner / Appellant: Yousef Sulieman).
Mayor Suarez: PZ-2.
Commissioner Plummer: Mr. Mayor, I would like to ask the Planning Department
to please tell me what am I supposed to do with a piece of paper that looks
like this?
Vice Mayor Alonso: That looks like what?
Commissioner Plummer: Like this.
Vice Mayor Alonso: Oh. Cry.
Commissioner Plummer: I don't know what I am supposed to with this... Is
this piece of paper supposed to tell me something?
Asst. Manager Rodriguez: You are correct.
Conmissioner Plummer: Excuse me.
Asst. Manager Rodriguez: You are correct that I already call the attention to
the fact that the second copy didn't come out to good.
365
June 11, 1992
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Commissioner Plummer: I strongly recommend that you get a new printer, or a
new photostat machine, or a new "botella."
Mr. 0lmed111o: We are doing a different system...
Asst. Manager Rodriguez: Computers.
Mr. Olmedillo: ...we are scanning the aerial so that the third and fourth _
generation copies come out a little better than that.
Commissioner Plummer: Now about the Commission being of the first generation? -
Mr. Olmedillo: We'll try to do that. -
Commissioner Plummer: PZ-2.
Mayor Suarez: Do we need to hear from both sides on PZ-2?
Unidentified Speaker: Yes.
Mayor Suarez: All right. Would you please swear in all the sides that will
be heard. Anyone that is going to be speaking on PZ-2, for and against, if
you would stand and be sworn in, and raise you right hand please. Thank you.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: OK. Do we hear from the property owner first?
Mr. Richard Baron: Yes, sir.
Mayor Suarez: All right.
Mr. Baron: My name is Richard Baron, my address is 1098 N.E. 96th Street. I
am the attorney for Yousef Sulieman, who is the applicant. Very briefly this
is the old Church's Fried Chicken, that is located on Florida Avenue and
Douglas. We requested for some modification to the building to put up a 24
hour convenience store. Planning and Zoning approved most of it except it
wanted to limit the hours of operation from 7:00 a.m. to 11:00 p.m., and
requested that an 8 foot CBS (concrete block structure) wall be placed on the
east side of the building. We object to and seek change of that finding by
the Zoning and Planning Committee based on two grounds. 1) We are seeking a
24 hour store for two reasons.
Mayor Suarez: What do you mean by a 24 hour convenience store? What do you
mean?
Mr. Baron: Around the clock.
Mayor Suarez: What kind of things would be sold?
Mr. Baron: It is a grocery store, including beer and wine. It is not just
groceries. Beer, wine...
366 June 11, 1992
Mayor Suarez: Twenty-four hours. We allow beer and wine to be sold 24 hours
in the City of Miami?
Mr. Baron: Except during the hours that you don't permit beer and wine sales.
Mayor Suarez: Except for the hours... I am sorry.
Mr. Baron: Except during the hours that the City does not permit beer and
wine. I am saying it is a grocery store, primarily, but there will be beer
and wine as well. Now whether the beer and wine will be sold after hours,
that I can represent to the City we will not violate any ordinances.
Commissioner Plummer: Are you going to run this grocery store?
Mr. Baron: Excuse me, sir.
Commissioner Plummer: Are you going to run this grocery store?
Mr. Baron: No, sir I am not.
Commissioner Plummer: Huh.
Mr. Baron: No, sir I am not.
Commissioner Plummer: The individual you represent, is he white or black?
Mr. Baron: He's Mediterranean.
Commissioner Plummer: He's what?
Mr. Baron: Mediterranean.
Commissioner Plummer: Do you know the history of that corner?
Mr. Baron: Personally, no, sir I don't.
Commissioner Plummer: Does he know the history of that corner?
Mr. Baron: I believe he does. He's present.
Commissioner Plummer: Do you know nothing has ever succeeded under that roof.
Mr. Baron: I have been advised of that, Mr. Commissioner.
Mayor Suarez: All right. Proceed, sir, with the issue before us.
Mr. Baron: The problem with not keeping this grocery store open 24 hours, is
as we perceive it, one of security. We are concerned about closing from 11:00
p.m. to 7:00 a.m., and to alleviate any fears this Commission may have, we are
prepared to have a full-time guard on duty from 11:00 p.m. to 7:00 a.m. on the
premises. We are also concerned about the security within the community.
367 June 11, 1992 -
Mayor Suarez:
before us?
Is that relevant to the zoning determination that we have
Mr. Olmedillo: The conditions imposed by the Zoning Board when issuing the...
Mayor Suarez: Included a...
Mr. Olmedillo: ...Class 2, which is the original permit was to include those
two conditions 1) the wall,...
Mayor Suarez: Wall.
Mr. Olmedillo: ...the 8 foot wall, and 2) the hours of operation...
Vice Mayor Alonso: To limit the hours.
Mr. Olmedillo: ...would be from seven to eleven, and that is what the...
Mayor Suarez: To limit the hours of operation of the facility.
Mr. Baron: From 7:00 a.m. to 11:00 p.m.
Vice Mayor Alonso: Seven.
Mr. Olmedillo: 7:00 a.m. to 11:00 p.m.
Commissioner Plummer: Is that done by others in the immediate area?
Mr. Baron: To the contrary, Mr. Commissioner...
Commissioner Plummer: Excuse me, I pay him.
Mr. Baron: Excuse me.
Mr. Olmedillo: Not in the immediate area. However, the one on Grand, Seven
Eleven at Grand is open until eleven.
Commissioner Plummer: That Seven Eleven on Grand Avenue?
Mr. Olmedillo: On Grand Avenue.
Commissioner Plummer: That is open all night long.
Mr. Olmedillo: That is not my understanding.
Commissioner Plummer: On Grand and Seven Eleven?
Mr. Baron: There 1s three stores on Grand. 3428, 3601 and...
Commissioner Plummer: 1 am talking about in the...
Mr. Baron: 35804...
Commissioner Plummer: ...3100 block of Grand. Is not that store...
368 June 11, 1992
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Mr. 0lmedillo: Right. That is not open all night.
Commissioner Plummer: Huh?
Mr. Olmedillo: No, sir, it is not open all night.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: The Seven Eleven?
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: He said the Seven Eleven.
Mr. Olmedillo: The Seven Eleven, we have checked, and it is not open all
night. The Seven Eleven on Grand about 3100.
Commissioner Plummer: I could have sworn that was open all night.
Mr. Olmedillo: We will check again.
Commissioner Plummer: OK. It is...
Mayor Suarez: Miss Ambey, would you call the Seven Eleven, if you can, and
find out while we decide the rest of this issue. All right, sir.
Mr. Baron: There are three stores on Grand Avenue, 3428, 3601 and 3584 Grand,
all of which are 24 hour stores. The second issue is the issue about the 8
foot wall. The property joining this property is approximately a 300 foot
wide lot. We are willing to have a covenant run with the land, that if any
residential development be had at that lot, at that time we would be willing
to put up that wall, and pay for the maintenance and for the construction of
the wall. We believe that with a 300 foot lot directly to the west side of
the property line there is significant area for which to be a buffer from this
particular store. I would also like to point out, as I am sure the
Commissioners know, this is probably one of the few small pieces of property
in Coconut Grove that has its own parking lot. We will maintain that parking
lot. The parking lot is also a buffer from the store itself to the adjacent
property line. We will not only maintain the lot, we will light the lot, and
we will have that security that I spoke about earlier. Mr. Plummer, you
raised a very important issue that this property is plagued with failure. I
have been advised .of that problem. We believe that a well operated, well run,
24 hour grocery will do well in the community. We have... The owner has
three other grocery stores in Liberty City, all of which have black employees
that run it on two shifts in each store. We intend to hire black employees
and members of the community to work in the store. It is another eight hour
shift that we can have black employees working in the store. We are not
insensitive to the concerns of the community. The owner of this store, who
owns the other stores, is very sensitive and very philanthropic to the
community where he works now. He contributes to the churches in that area.
He contributes to the schools in that area, and he would be willing to do the
same thing in this area. This store can be a success. The opposition that I
have heard is an economic opposition. That there is to many 24 hour stores in
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the area. Well, this is a country of opportunity, and if he runs the best 24
hour store, has the most items to sell 24 hours, and it can be the most
successful, that seems to me not to be grounds to deny him the ability to
operate that store 24 hours. So we are asking this Commission to appeal this
decision, or overrule the decision of the Zoning Board and allow this store to
operate for 24 hours.
Mayor Suarez: All right. Any recommendation from the Administration? I
guess it is as before.
Mr. Olmedillo: To uphold the decision of the Zoning Board which limits the
hours from seven to eleven, and have the eight foot wall so that we can
buffer, also, it was subject to the plan that was submitted which controls the
entrance not on Florida Avenue.
Mayor Suarez: Seven to eleven is 7:00 a.m. to 11:00 p.m.
Mr. Olmedillo: Yes, sir.
Mayor Suarez: All right.
Mr. Olmedillo: Seven a.m. p.m. It is eleven p.m.
Mayor Suarez: That 1s helpful to clarify just in case.
Mr. Olmedillo: And restricting the design so that the main entrance is on
Douglas Road and not Florida, and the wall for the buffer, the activity, and
the parking lot activity especially at night from the neighbors.
Mayor Suarez: All right.
Mr. Baron: May I just make one more point?
Commissioner Plummer: I think also for the record, Mr. Mayor,...
Mayor Suarez: And you also have rebuttal if you like, Counselor.
Commissioner Plummer: ...based on what we spoke about this morning, I think
that that which you spoke about in the newspaper is... Which is the Guts
building? Isn't that the long building there? Where is the Guts building?
Right there. Which would be contiguous to this piece of property, correct,
and you are going 1n there with a half a million dollar improvement to that
area.
Mayor Suarez: Hopefully, two million dollars.
Commissioner Plummer: Well. OK. A great improvement to that area. Is it
conducive to have a Seven Eleven next door to that. I think that is for
consideration.
Mayor Suarez: Except I don't know to what extent we can take that into
account, can we? - or just as to the issue before us.
370 June 11, 1992
Commissioner Plummer: Whether or not it is compatible to the area I think you
can take into consideration.
Mr. Olmedillo: On a special permit case, you may apply any conditions that
you feel are necessary to mitigate the impact.
Mayor Suarez: Including the wall. Including the hours of operation.
Mr. Olmedillo: Including the wall or...
Commissioner Plummer: Yeah.
Vice Mayor Alonso: So...
Mayor Suarez: But not necessarily we just don't want them to be there.
Asst. Manager Rodriguez: Right, or correct.
Mayor Suarez: OK.
Vice Mayor Alonso: If we take no action, it will mean...
Mr. Olmedillo: The Zoning Board's decision prevails.
Mayor Suarez: OK. You want to make a quick statement or you want to hold it
for rebuttal?
Mr. Baron: Yeah. I would just like to point out to the Commission that
because of the ongoing failure rate of this particular property, I would ask
you to consider that during 24 hours a day there is a greater opportunity for
this store to make money and to be a success, than if the hours were limited
from 7:00 a.m. to 11:00 p.m. So that, I think Commissioner Plummer hit it
right on the head, this area has traditionally been a failure. Church's fail.
The subsequent... prior owner to Church's failed. The subsequent owner of
Church's failed. We are willing to commit a hundred and eighty to two hundred
and ten thousand dollars into this piece of property to make it work, and what
will help make it work is keeping 1t open 24 hours.
Mayor Suarez: All right.
Mr. Baron: Thank you.
Mayor Suarez: Madam Councilwoman.
Ms. Denise Wallace: Yes. Thank you. I am Denise Wallace, Vice Chair of the
Coconut Grove Village Council, I am here before you today in that position,
and also as an individual position. On Tuesday, June 9th, the Village Council
passed a resolution to support the Planning and Zoning Board's modification of
the appellants Class 2 Special Permit, and we would ask that this Commission
also affirm that decision. I am also here as a resident and a property owner.
1 am at 3660 Grand Avenue. One thing I would like to reintroduce to this
Commission, as Commissioner Plummer pointed out, this area has always been a
problematic area. We also, at this point, have two stores that are directly
adjacent... One is directly across the street from the proposed store, and
371 June 11, 1992
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one is directly adjacent to it or horizontally from the store. These stores,
because they respect the residents in the area, because they understand that
it does have a residential character, have chosen, voluntarily, to limit the
operation of the store hours. One thing that this Commission is also is
familiar with is that this area was also the site of four bars, which we felt
as residents, was not conducive to the quality of life in the area. We are
trying to bring back the quality of life in the area. This store will be
located between two churches, and we are also trying to respect the needs of
the other residents in this area, and I, as an individual resident and a
property owner, would ask that this Commission uphold the Building and
Planning Zone's decision. Thank you.
Mayor Suarez: Thank you.
Commissioner Plummer: Let me understand. You are in favor of the store.
Ms. Wallace: I am in favor of someone having their right to have an economic
enterprise,...
Commissioner Plummer: OK. Well, excuse me.
Ms. Wallace: ...however,...
Commissioner Plummer: You have to speak to the issue before us. Are you for
the store or against the store?
Ms. Wallace: As an individual resident in the community, I am not for the
store.
Commissioner Plummer: OK. But speaking for the Council is that what...
Ms. Wallace: Speaking for the Council, the Council had voted to support the
Building and Planning Zoning's modifications of the hours.
Vice Mayor Alonso: In 7:00 to 11:00, and the wall.
Mayor Suarez: And the wall...
Ms, Wallace: That is correct.
Vice Mayor Alonso: ...around the property. And if we take no action that is
what will stand.
Ms. Wallace: Yes. And we also had agreed to have them set the walls six feet
within the property line.
Commissioner Plume r: OK. According to the City Attorney, nobody appealed
the application or the store to be denied. It was the applicant who appealed
the hours and the wall.
Mayor Suarez: Right. That is what is before us.
Vice Mayor Alonso: Because they want more flexible hours, and they don't want
to build the wall.
372 June 11, 1992
Commissioner Plummer: So, actually then what you are saying...
Ms. Wallace: Well, Commissioner Plummer, if I might...
Commissioner Plummer: Well, now... Wait, wait, wait. Excuse me. I am
trying to understand. OK.
Mayor Suarez: It is very simple, Commissioner. She along with apparently the
neighbors and apparently... You are going to speak in the same direction,
David? - support the restrictions being imposed.
Commissioner Plummer: OK. Let me understand...
Mayor Suarez: And oppose the appeal.
Commissioner Plummer: ...what is before us here today is not whether the
store will exist or not exist.
Mayor Suarez: That is right.
Vice Mayor Alonso: Exactly.
Commissioner Plummer: What is before us is whether the store, if they wish to
exist, will exist with the hours of 7:00 to 11:00,...
Mayor Suarez: And have a...
Commissioner Plummer: ...and an eight foot wall with other conditions
attached to it.
Mayor Suarez: Exactly.
Commissioner Plummer: That is the only thing before us? Not whether or not
the store goes in or not.
Mayor Suarez: Right.
Commissioner Plummer: That is not before us.
Mayor Suarez: Exactly.
Commissioner Plummer: OK. Thank you.
Mayor Suarez: David.
Ms. Wallace: Commissioner Plummer, may I say this in retrospect. Had I
received notification of the application for the store being 24 hours, I would
have been before the Commission at that time to oppose the store going in.
Because I did not receive notification and because to my knowledge other
residents in the area did not receive notification. That is probably why that
issue was not appealed when it came before the Commission.
373 June 11, 1992
Commissioner Plummer: OK. I am just trying to understand what we were really
dealing with tonight.
Mayor Suarez: I am not sure that, legally, it could have been opposed. Could
it have? _
Vice Mayor Alonso: You mean the hours?
Mayor Suarez: No. The very existence of the store.
Commissioner Plummer: They could have appealed...
Asst. Attorney Miriam Maer: They could have appealed that, but they did not.
Commissioner Plummer: They could have appealed the whole thing.
Asst. Attorney Maer: In fact, the neighborhood did not appeal the granting of
the Class 2 permit with the conditions. The applicant was not pleased with
the conditions that were attached to the Class 2 permit, and appealed it.
Mayor Suarez: You are not answering my questions, but I give up. Go ahead.
Asst. Manager Rodriguez: The, the... To answer your question, I think you
can impose conditions which could be so restrictive you can deny it.
Mayor Suarez: That is not my question. My question is very simply, if
someone had opposed the very existence of the store, the other issue that he
is hinting at, could they have done that legally?
Asst. Attorney Maer: Yes. Absolutely.
Mayor Suarez: Prevented them from being there at all.
Asst. Manager Rodriguez: Right.
Asst. Attorney Maer: They could have appealed it. As to whether you would
have granted that or not, it would be another question. But, yes, they had
the right to appeal the issuance of the Class 2 permit.
Mayor Suarez: And is the property zoned for that kind of a store?
Asst. Attorney Maer: Subject to a Class 2 permit with conditions.
Mayor Suarez: I don't think you could have opposed. Anyhow, all right. What
have we got, David.
Mr. David Alexander: Mayor, I'll defer to the business owners in the black
Grove, and I'll speak at the end.
Mayor Suarez: Sir.
Mr. James Pinkney: My name is James Pinkney. My address is 9815 N.W. 13th
Avenue. I own Pinkney's food store, 3344 Douglas Road. I've been there for
21 years. I would just like to make a brief statement, and ask maybe two
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questions and I don't have to get an answer for them. First of all, I've been
there, as I said, for 21 years. There is no dry cleaners there, there is no
car dealership, there is no high-rise apartments, there is no Radio Shack,
there is no movie theater, there is no gas station, there is no hardware,
there is no clothing or shoe stores, there is no bakery, there is not
drugstore, there is no music store and there is not any new industries coming
in this area. There is not even very many people that is coming into this
area, but... And before I go any further I want you to know I am opposed to
the store being there, period.
Mayor Suarez: Right.
Mr. Pinkney: In the last year there are four new stores that came up in this
area. All by the same people. But I can tell you one thing, there is plenty
of unemployment in the Grove, there is plenty of crime and there is plenty of
drugs. I know there are a lot of other places, southwest 8th Street, there
are a lot of empty buildings there. Miami Beach there are a lot of empty
buildings. Now, that was my statement. My question is, why so many grocery
stores? All of these other places that I mentioned...
Commissioner Plummer: Because they sell beer and wine.
Mr. Pinkney: ...would bring more business more people to the area. Why so
many grocery stores?
Commissioner Plummer: Because they sell alcoholic beverages.
Mr. Pinkney: Thank you. And another thing I would like to know is, what is a
retroactive permit?
Mayor Suarez: Good question. What is a retroactive permit? If it is in the
document there.
Vice Mayor Alonso: You mean because of the modifications they were doing, the
repairs, fixing the property, before getting a permit. Because many people
are getting away with it.
Mr. Pinkney: But there is such a thing. I didn't know that because, you
know, if I want to...
Mayor Suarez: Well, if they violated and...
Vice Mayor Alonso: Then they pay...
Mayor Suarez: ...have not gotten a permit they have to apply for it and get
it retroactively. I don't know if that is the case here. Was there any of
that happening here?
Mr. Olmed111o: No. They started the permits... They started the building,
to remodel the building. Then we went in and we asked them to pull the
permits prior to obtaining the building permits to remodel. And that is how
they came about to apply for the Class 2 permit.
375 June 11, 1992
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Mayor Suarez: Was there, in fact, something retroactively done. I mean were
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they moving on illegally and then they had to come back and reapply?
Mr. Olmedillo: Once they...
Vice Mayor Alonso: They were working on the property before obtaining a
permit.
Mr. Wallace: Correct.
= Mr. Olmedillo: But once they obtained the permit then they can be allowed to —_
remodel, to build, because the building doesn't involve the use of the
property.
Mayor Suarez: Did they have a period of time...
Commissioner Plummer: The building does not involve...
Vice Mayor Alonso: What was that, Guillermo?
Mayor Suarez: ...when they were in violation of the law?
Commissioner Plummer: Wait, wait.
Mr. Olmedillo: Yes, sir. Yes.
Mayor Suarez: Thank you. That is what we wanted to find out.
Vice Mayor Alonso: What did you say? -
Commissioner Plummer: The building does not involve the use of the property? i
Mr. Olmedillo: Well, you can obtain a building permit to remodel something
without knowing exactly what is going to go in there, and then when you go for
your CU, (certificate of use)...
Vice Mayor Alonso: Then you will be in trouble...
Mr. Olmedillo: ...that is a different permit.
Vice Mayor Alonso: ...because you will be missing many things that are needed
and required for your license.
Asst. Manager Rodriguez: But that is your risk.
— Mayor Suarez: So they did initially begin work without the proper permit,...
Mr. Olmedillo: That is correct.
Mayor Suarez: ...and then they had to pay penalties and get a retroactive
= permit?
Mr. Olmedillo: They had to... Right.
376 June 11, 1992
Vice Mayor Alonso: To be up to code.
Mr. Pinkney: But you are saying there is such a thing. I didn't know about a
retroactive because of all the work I've done I always had to get a permit.
Mayor Suarez: Well, most people when they do something illegal they hope
never to get caught, see. But when they do get caught then they have to do
the retroactive permit.
Mr. Pinkney: Retro...
Mayor Suarez: Right.
Mr. Pinkney: Thank you.
Mayor Suarez: Otherwise they got to tear it down.
Commissioner Plummer: That means they got caught.
Mayor Suarez: Ma'am.
Ms. Marion Wright: My name is Marlon Wright, and I own the property at 3357
Douglas Road, which will be right across the street from this 24 hour
business.
Mayor Suarez: Are you against them not having the wall and the seven eleven
hours of operation?
Ms. Wright: I am against the store, period.
Mayor Suarez: Well, in addition to that. And is that your situation, Esther
Mae?
Ms. Esther Mae Armbrister: And other things included.
Mayor Suarez: Right. Because the matter before us includes that and if I
hear you correctly, and if I sense my Commission correctly, we are going to
vote quite quickly here to deny their application, and to uphold the Zoning
Board's recommendation. So you may be just simply spending a lot of time we
= could use to complete the planning and zoning agenda. You know we have a
saying around here when momentum is on your side, don't push it, but
quickly...
Ms. Wright: I would just like to say... You have just stated that you would
y probably deny.
Mayor Suarez: Yes, ma'am.
Ms. Wright: But what I am concerned about with this store coming in, as
Commissioner Plummer stated, we are very concerned about police protection in
that community. That is another added problem for crime. Douglas and Grand,
Douglas and US-1, we are like prisoners in our own home. With all these
businesses coming into our area. I think we deserve some kind of protection so
we can go out at night.
377 June 11, 1992
Mayor Suarez: Absolutely.
Ms. Wright: And this 1s what I am thinking about.
Mayor Suarez: I hope you come back on July 9th and give us a little bit more
input on the issue of deployment.
Commissioner Plummer: Mr. Mayor, just for your edification. Right around the
corner is a place called Thirty -Six Thirty -Six Florida Avenue. That was our
latest murder, Friday night, in the Grove. OK.
Ms. Wright: Thank you.
Mayor Suarez: By the way, the answer on the seven eleven hours is that it is
not open all night, but just about. The hours of operation are 6:00 a.m. to
2:00 a.m.
Ms. Armbrister: In addition to what has been said I would just like to add
that...
Commissioner Plummer: Call me a liar for four hours.
Ms. Armbrister: ...there is a church within 350 feet of where he plans to
have his grocery store, and I don't think, I think rather, that there is a law
that prevents you selling liquor and beer and stuff like that.
Mayor Suarez: Now, that would be under... I think that is under...
Commissioner Plummer: What does this mean?
Mayor Suarez: Is that State or City, the distance from a church for selling
liquor. Only for hard liquor, not for beer and wine?
Ms. Armbrister: That is City.
Mayor Suarez: Not in connection with a grocery.
Commissioner Plummer: No. Xavier zoning.
Vice Mayor Alonso: Well, we also have our own guidelines.
Ms. Armbrister: Within 350 feet of a church and a school.
Commissioner Plummer: It says Xavier zoning.
Mayor Suarez: We have our guidelines. We have State distances.
Vice Mayor Alonso: The distance we coincide now with the County. Twelve
hundred...
Mayor Suarez: So this kind of a facility...
378 June 11, 1992
f y u•;
ro� 2
Mr. Joseph Genuardi: There are restrictions for distance for package good
stores and bars...
Mayor Suarez: That doesn't include this?
Mr. Genuardi: ...for liquor. But where you sell accessory to a grocery store
or accessory to a restaurant there are no distance restrictions.
Mayor Suarez: Have we thought about ever imposing some?
Mr. Alexander: We could amend the City Code. It is in the City Code.
Commissioner Plummer: Well look who is here.
Mayor Suarez: All right.
Commissioner Plummer: Here's shorty. _
Vice Mayor Alonso: But this is packaged goods.
Commissioner Plummer: No. -
Mr. Genuardi: This is..
Commissioner Plummer: This is not. This is beer and wine. -
Mr. Genuardi: This is just beer and wine accessory to the grocery store.
Vice Mayor Alonso: But does it apply the same type of license, or none at
all?
Commissioner Plummer: No.
Mr. Genuardi: No. It is a...
Commissioner Plummer: Package is COP (consumption on premises). _
Mr. Genuardi: It is different than a package goods store or a bar license.
Vice Mayor Alonso: We don't have anything within the City of Miami as we did,
what, almost a year ago. That we changed certain regulations. We did not
include anything with the grocery stores.
Mr. Genuardi: Those were just between package good stores and bars.
Vice Mayor Alonso: Just those?
Mr. Genuardi: Yeah.
Commissioner Plummer: Yeah.
Mayor Suarez: OK.
379 June 11, 1992
x _
jAkk
Ms. Armbrister: Well, they will be buying the beer and wine and stuff and _
take it out.
Commissioner Plummer: Well, wait a minute, Joe. Joe, you better correct that
statement so it is correct. Package stores, bars, nightclubs and private
clubs.
Mr. Genuardi: Yes.
Commissioner Plummer: OK. So make the statement complete. —
Mr. Genuardi: Yes. It also includes night clubs. And what else did you say?
Private clubs.
Vice Mayor Alonso: All of those.
Mr. Genuardi: All of those.
Commissioner Plummer: All of the above.
Mayor Suarez: Anything further?
Ms. Armbrister: Wei 1, when they buy their wine and their beer they are not
going to drink on the premises, because those people do not allow black people
to drink nothing on their premises. They will put you out in the street, and
whatever happens to you happens to you. Those people are not allowed drinking
on their premises. (INAUDIBLE RESPONSE) You. Right.
Mayor Suarez: We will...
Ms. Armbrister: They don't allow it.
Mayor Suarez: ...do are best to enforce the ordinances of the City
including... And now maybe actually going to a much higher police presence in
that corner, based on everything else that has taken place here today, and
hopefully our deployment here and coming up. Anything further?
Ms. Armbrister: Thank you.
Mayor Suarez: Thank you, Ms. Armbrister.
Ms. Ivone McDonald: This might be redundant. My name is Ivone McDonald...
Mayor.Suarez: Please, please, please, please, please...
-_! Unidentified Speaker: Tell him to mind his tongue. Just because I am a
woman, I .. .
Mayor Suarez: All right. We understand that and any and all...
Commissioner Plummer: What did I miss?
Mayor Suarez: ...verbal or other discussions can take place outside.
360 June 11, 1992
i
Ms. McDonald: My name is Ivone McDonald and I am the President of the Coconut
Grove Homeowners and Tenants Association, and I would like to just put this on
the record, that the Coconut Grove Homeowners and Tenants Association would
like for the Commissioners to adopt the position of the Planning and Zoning
Board, and that is that the hours of this convenience store will be from 7:00
a.m. in the morning till 11:00 p.m. at night, and that they will have to erect
the eight foot wall.
Mayor Suarez: All right. Thank you, Ivone.
Ms. McDonald: We are about building our community for the future, and for our
children, and making the quality of life a better place in Coconut Grove.
Over the last year you have seen some of the changes that we have tried to put
forth in Coconut Grove with the various communities, the various areas of the
Grove coming together, and the objective of West Grove, in particular, is to
set the example that we do not want 24 hours stores in Coconut Grove. We hope
that the fact that the Zoning Board has listened to the community, and the
people in the community, that this will set the pace for other businesses that
want to come into West Grove, in particular. That they will come into the
community with businesses that will benefit the people in the community. We
need a moratorium, hopefully, on grocery stores. We feel that we have enough.
The businesses that are in the area are considerate of the community, and we
feel that 24 hour stores should not be in Coconut Grove. Thank you.
Mayor Suarez: Very good.
Commissioner Plummer: May I ask a question, Mr. Mayor?
Mayor Suarez: Yes, Commissioner.
Commissioner Plummer: To the Zoning Department. Is it possible in a special
districts, which this is. Can we, as a Commission, with our police powers,
prohibit any additional establishments selling alcoholic beverages? I am
asking based on the fact that it is a special district.
-` Asst. Manager Rodriguez: I believe we can amend the ordinance, and limit the
�t type of activities that you are mentioning, and prohibit that.
f
- Commissioner Plummer: Well, let me tell you what bothers me. Mr. Mayor, you
will recall, I am sure... I remember for years of the four corners of Douglas
's and Grand was always the four bars. We were able to buy out some of those, in
some way shape or form, and it looks like we are approaching going back to
t that scenario again, and I think that if it is possible, and legal, that we
should consider, in a special district, and not just West Grove, but in any
-; special district, that we could have the right to prohibit the amount of
alcoholic places that could be serving or selling alcoholic beverages. And I
would ask that you bring that back to us at your earliest convenience, like
next meeting.
Mayor Suarez: And that... What we mean by alcoholic beverages, we mean
anything that has any alcohol. Not just packaged goods and all of that. I've
never understood all those differences, you know, it is just a matter of how
much you drink of it, for one thing.
381 June 11, 1992
_ y
Vice Mayor Alonso: Hard liquor or wine or beer. Yeah.
Mayor Suarez: You know. I've known... Having gone to Vilianova in
Philadelphia, folks, how much beer you can drink.
Ms. Mary Weber: Mary Weber, 3900...
Mayor Suarez: You are just going to add insult to injury here, cumulative.
Can you just make it real quick so we can vote, and get on to the next item, _
please.
Commissioner Plummer: I am going home in 27 minutes.
Vice Mayor Alonso: I am going to move to deny.
Ms. Weber: The Civic Club agrees with the Planning Department's decision as
well as the Coconut Grove Village Council, and it is my understanding of Code
11000, that it is a requirement, by law, to build that eight foot wall as a
buffer between commercial and residential.
Mayor Suarez: All right. So maybe there is even more reason for it, and...
Commissioner Plummer: Where is the resolution?
Mayor Suarez: All
right.
We
have a motion.
— Vice Mayor Alonso:
I move
to
deny.
Mayor Suarez: Move to deny the appeal, which is the same as not taking any
action, but it is sort of more like firm. Do we have a second?
Commissioner Plummer: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-422
A RESOLUTION DENYING AN APPEAL FROM AND AFFIRMING THE
DECISION OF THE ZONING BOARD WHICH MODIFIED IN PART
AND AFFIRMED IN PART THE CONDITIONS RELATING TO HOURS
OF OPERATION AND CONSTRUCTION OF A WALL WHICH WERE
ATTACHED TO THE APPROVAL RENDERED MARCH 5, 1992 OF A
CLASS II SPECIAL PERMIT APPLICATION NO. 92-1936 BY THE
PLANNING, BUILDING AND ZONING DIRECTOR FOR THE
PROPERTY LOCATED AT 3365 SOUTHWEST 37TH AVENUE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
382 June 11, 1992
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre =
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
68.
----------------------------------------------------------------------
DENY APPEAL -- UPHOLD ZONING BOARD'S GRANTING OF TEMPORARY VARIANCE, —_
WAIVING RE UIRED OFF STREET PARKING SPACES FOR EXISTING COMMERCIAL =-
Q -
BUSINESS AT 2638 S.W. 28TH LANE (Owner / Applicant: Janyce Robins &
Robert Granoff).
Mayor Suarez: PZ-3.
Mr. Guillermo Olmedillo: PZ-3, Mr. Mayor, Commissioners, you may remember
this as the Paper Wholesaler, and you took different votes. It was voted by
this Commission granting a one year variance, then it came back for a
reconsideration. This is again going through the same process.
Mayor Suarez: Oh. I remember this thing.
Vice Mayor Alonso: Yes.
Mr. Olmedillo: You may remember...
Mayor Suarez: The famous incredible parking lot with the crumbling, or not
crumbling, walls. It looked like...
Commissioner Plummer: The ruins of Pompeii.
Mayor Suarez: ...the walls of Jericho.
Vice Mayor Alonso: I visited the place, by the way.
Mayor Suarez: Did you?
Vice Mayor Alonso: It is frightening.
Mr. 01medillo: To summarize.
Vice Mayor Alonso: That is a very dangerous structure.
Mayor Suarez: We were heading in a particular direction. Could you refresh
us as to... You were trying...
383 June 11, 1992
Mr. Jack Rice: Yeah.
Vice Mayor Alonso: Yeah.
Mayor Suarez: ...to propose a twelve or six month approval...
Vice Mayor Alonso: Yeah. I wanted to extend to one year...
Mayor Suarez: We are going to hear from you, counselor, please.
remind us of where we were at the time.
I want to
Vice Mayor Alonso: I wanted to... one year extension, and I think I will be
even willing to go one year with an addition of six months extension, that if
it is needed, they can use it. So, it gives ample opportunity to the
Administration to work with the people in the area, to find a permanent
solution, and I think we will.
Mayor Suarez: Jack.
Commissioner Plummer: As I recall...
Mayor Suarez: Who do we hear from first?
Commissioner Plummer: As I recall the recommendation was six months. Is that
correct?
Vice Mayor Alonso: Yes.
Mr. Olmedillo: Originally it was six months. This Commission had granted it
for one year and then you reconsidered.
Commissioner Plummer: We did not, in fact, grant it. It went down the tubes.
Asst. Manager Sergio Rodriguez: Right. It fell at the end.
Vice Mayor Alonso: Well, it went and 1t was that...
Commissioner Plummer: No, no, no. We never...
Vice Mayor Alonso: ...misunderstanding with...
Commissioner Plummer: We never granted it.
Vice Mayor Alonso: ...Commissioner Dawkins and then it came back...
Commissioner Plummer: It died.
Vice Mayor Alonso: ...for reconsideration. For reconsideration and then it
was killed.
Asst. Attorney Miriam Maer: The reconsideration was the date.
Commissioner Plummer: OK. But at this point, at this juncture, it is a dead
item.
384 June 11, 1992
Vice Mayor Alonso: Yes.
Commissioner Plummer: Has it been for reconsideration?
Vice Mayor Alonso: Yes. That is why it is here today.
Commissioner Plummer: I don't... It was...
Asst. Manager Rodriguez: Right.
Mr. Olmedillo: At the same hearing... —
Asst. Manager Rodriguez: That is what was here.
Commissioner Plummer: OK. But the actual recommendation of staff and the
Board was six months.
Mr. Rice: No. -
Asst. Manager Rodriguez: No.
Commissioner Plummer: Jack, I don't hire you.
Mr. Rice: Hardly. �-
Commissioner Plummer: Staff, what was your recommendation?
Asst. Manager Rodriguez: Our recommendation was for denial. _
Commissioner Plummer: OK. Then it was the Zoning Board that said, give them
six months. Is that what it was?
Asst. Manager Rodriguez: Correct.
Mr. Olmedillo: That is correct.
Vice Mayor Alonso: Yes.
Commissioner Plummer: OK. And that was so that they, hopefully, could work
out something possibly with... under the Metrorail.
Mr. Olmedillo: That is correct.
Asst. Manager Rodriguez: Correct.
Commissioner Plummer: All right.
Mr. Olmedillo: Which we are doing.
Mayor Suarez: Now, I'll tell you where I am at. I am at giving them the six
months. If they don't make some kind of negotiations, this can't go on
forever. -
385 June 11, 1992
qb
Vice Mayor Alonso: But six months will not resolve the problem.
Commissioner Plummer: I'll give you a year. Excuse me.
Vice Mayor Alonso: Ask the Administration. They will tell you six months, it
is not enough.
Commissioner Plummer: I will go for a year, period, amen, with a proviso,
that at the end of that 12 months, that if nothing has been accomplished, that
they will move out peacefully, and vacate the area.
Vice Mayor Alonso: The area is looking better than ever before.
Commissioner Plummer: Miriam,...
Vice Mayor Alonso: To tell you the truth I...
Commissioner Plummer: ...the problem is no parking. What are you going to
do?
Vice Mayor Alonso: Well, it is a fact but the stores are looking very nice.
The area is much better today than it was some time ago, and I am sure the
Administration... You told me, Sergio, so put it on the record that you
believe that we will be able to find a permanent solution.
Commissioner Plummer: Then what is the problem?
Asst. Manager Rodriguez: Well, let me tell you. We received a letter by fax
from the Metro Dade Transit Agency, in which, and I want to introduce that
into the record, that they will be interested in working with us and
considering a leasing arrangement in the area that is under their ownership to
be worked out with the Department of Off -Street Parking. I believe Mr. Cook
might be here to help with that.
Commissioner Plummer: Then what is the problem?
Asst. Manager Rodriguez: Well, then the problem with this...
Vice Mayor Alonso: Time.
Asst. Manager Rodriguez: ...is that it will take awhile, as you know, to go
through the process of getting approval...
Commissioner Plummer: More than 12 months?
Asst. Manager Rodriguez: ...in the County. Well, that I don't know. Maybe
what you may be able to do is consider this for a period of time, and then ask
us to either bring it back to you or whatever, you know. But what I am
telling is that we have already... You instructed us to try to find a
solution.
Commissioner Plummer: All right.
:a
June 11, 1992
Asst. Manager Rodriguez: We already went to the County and the Department of
Off -Street Parking have been diligently trying to get a solution to this, and
I believe that we might be able to find a solution. Now, the approval of the
County will take awhile.
Commissioner Plummer: Mr. Mayor, in the interest of fairness...
Mayor Suarez: Yes.
Commissioner Plummer: ...Huffy wanted to make a request, which he's not had
the opportunity to do, and to consider his request is what you said that he
would have the opportunity, and that is that there was one member of this
Commission absent. I should not be making his request.
Mr. Rice: Yes, the one member that voted, and the other member that is here,
wasn't here the last time. I think I am entitled to a continuance to
Commissioner Dawkins and you all can come back at a future date, and as soon
as you want to do it. But I would like to have the man that sat here and
listened to by argument, and made a few statements... Whether he votes for or
against me I don't care, but I would like the opportunity to have him here so
he can express his opinion to me.
Mayor Suarez: Well, it is something that may be advisable, for you too,
counselor, because I don't know that you would have the votes here today. I
am having all kinds of doubts about this. I mean I recognize, of course, the
fact that the area is coming back. I recognize that you have essentially good
things happening in your property, but I just wonder why people just can't buy
a little bit more land, or rent it, or whatever, to put parking.
Commissioner Plummer: It's the cost of doing business.
Mr. Rice: I want to tell you, they can't rent ours, we are throwing them out.
We are getting rid of them.
Mayor Suarez: You are really...
Mr. Rice: They can't stay in our property.
Mayor Suarez: I can't imagine you having been an attorney all these years,
Jack, because you realty hurt your own cause. I mean, I'm trying to argue in
your favor, and all of a sudden you start yelling at me.
Mr. Rice: I'm not yelling at you. I'm making a point.
Mayor Suarez: Well, it sounds like you are yelling at somebody. Maybe you
are yelling at Plummer, I don't know. You can't yell at her.
Mr. Rice: Well, you said they could get some land.
Commissioner Plummer: He yells at me, I'll bury...
Vice Mayor Alonso: Yes.
Mr. Rice: That's right.
387 June 11, 1992
Mayor Suarez: Yell at... Look, yell at Sergio.
Mr. Rice: Sergio,...
Asst. Manager Rodriguez: Yeah, I'm used to it.
Mr. Rice: ... let's get on the ball.
Asst. Manager Rodriguez: Give it to Mikey.
Mayor Suarez: Jesusi
Commissioner Plummer: Mr. Mayor, I...
Mayor Suarez: If I was disagreeing with you, I could understand your temper
tantrum.
Vice Mayor Alonso: We have to be...
Mayor Suarez: Yes.
Vice Mayor Alonso: ... flexible when we have areas that need help and it is a
reality. If not, we will be saying don't open any more businesses. That
area... _
Commissioner Plummer: Is there any...
Vice Mayor Alonso: ... is worth receiving the help. It's looking much
better, it's much more attractive. So, therefore, they really need the
chance...
Mayor Suarez: You could have a...
Commissioner Plummer: Is there anybody else here for this item?
Mayor Suarez: You could have a two to two vote here, counselor.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: You are? You are for or against it.
Mr. Daniel Dolan: I am for the, for Mr....
Commissioner Plummer: I move that this matter be deferred. It doesn't hurt
them at all. It gives them another month.
Vice Mayor Alonso: Yeah, they are paying a lot of money.
Commissioner Plummer: The get another month of grace, maybe for to add to
their year, or six months...
-I
�� 388 June 11, 1992
Mr. Dolan: As a property owner in the area, Commissioner,... _-
Commissioner Plummer: I'm sorry.
Mr. Dolan: ... may I speak for one second. My name is Daniel Dolan, 2610 =
S.W. 28th Lane.
Mayor Suarez: Well, before you do that, though, because we've got then to
swear in everybody.
Commissioner Plummer: Wait a minute. Are you Dan Dolan's son?
Mr. Dolan: Yes, sir, I am.
Commissioner Plummer: The Dan Dolan that used to live with my brother?
Mr. Dolan: Could be the same one.
Commissioner Plummer: No, my brother and his father used to live together.
My brother went to the Marine Corps for two weeks, came back and found his
father married and had his wife living in the gate house and my brother said,
"I've heard of the odd couple, but I'm not going to live it."
Ms. Lucia Dougherty: Mr. Mayor.
Commissioner Plummer: Oodl How old are you?
Ms. Dougherty: Mr. Mayor.
Vice Mayor Alonso: So you are getting old. That's OK.
Commissioner Plummer: No kidding.
Vice Mayor Alonso: That's OK.
Commissioner Plummer: No kidding.
Vice Mayor Alonso: That's part of living.
Commissioner Plummer: Twenty-three years old.
Vice Mayor Alonso: Now we have to see that he came to the realization he's
getting older.
Ms. Dougherty: I don't want to be in a position of arguing against what you
-f are saying, because what you are saying makes a lot of sense.
Commissioner Plummer: My motion is to defer. Whether I get a second or not,
I have the right to make a motion.
i� Ms. Dougherty: I have a client that (a) has been just told that she's not
going to have the parking, which means she's in violation...
389 June 11, 1992
Commissioner Plummer: Mr. Mayor, the speaker is out of order. I have a
motion on the floor asking for a second.
Mayor Suarez: No, but she can argue against the motion and, procedurally,...
Commissioner Plummer: Then let my motion die, but I have the right to ask for
a second.
Mayor Suarez: No, but she, procedurally, can argue against it on the basis of
the case having been brought before us, how many times now?
Commissioner Plummer: Before a second is registered?
Ms. Dougherty: Go ahead.
Mayor Suarez: Oh, I'm sorry. There's no second? I thought there was a
second.
Commissioner Plummer: If I get no second to my motion, it dies,...
Mayor Suarez: Oh, I thought there was a second.
Commissioner Plummer: ... and she can speak anything she wants.
Mayor Suarez: I thought there was a second on the motion to continue. I
thought it reflected the general consensus.
Commissioner Plummer: I have not...
Mayor Suarez: All right. Is there a second on the motion to continue? Going
twice. Do we have a second on that motion? All right.
Ms. Dougherty: I just want to speak to the motion. I just have to speak...
Mayor Suarez: Well, there's no motion now,...
Ms. Dougherty: ... on behalf of this woman.
Mayor Suarez: ... so speak to the issue, I guess.
=1 Commissioner Plummer: There is no motion.
Ms. Dougherty: OK. We would agree with the one-year deferral so long as we
could come in and ask for your assistance in the future. We can't be in a
position of being in violation. Jack Rice has just said they are going to
throw us out, which means we don't have the parking. We bought this property
without any parking. It's not our doing at this point, and what I'm saying to
you is that we are spending $28,000 a year. We have already spent $157,000 on
a 1,000 square feet of property that is practically condemned. So they want
us out of there, and all we are asking for is a tittle relief for at least one
year until we can work this out with the City and with the County.
Commissioner Plummer: Yeah, but you could have never opened that business in
the original inception without some parking.
390 June 11, 1992
Ms. Dougherty: Well, there was no parking required at the time.
Commissioner Plummer: You had five.
Ms. Dougherty: We didn't have five. We had no parking. We never had five.
We bought the building exactly like that. Exactly like that. We never had
parking anywhere.
Commissioner Plummer: How were they allowed to open up?
Mr. Rice: Hey, I can exp...
Commissioner Plummer: Wait a minutel How were they allowed to open a
business with no parking at all?
Mayor Suarez: They were wholesalers and they slowly changed and evolved
towards distributors.
Ms. Dougherty: That's right.
Mr. Olmedillo: They were a warehouse which was grandfathered in the original
zoning ordinance when it was built. Originally, they didn't...
Commissioner Plummer: Didn't require any parking?
Mr. Olmedillo: Zero parking.
Commissioner Plummer: OK.
Mr. Olmedillo: Then as they converted, they needed for the certificate of
use, that portion of retail to have parking. That's when they went to a
neighbor to get relief.
Commissioner Plummer: And today, under the present zoning, if they were under
present zoning, they would be required to have what? - 20 cars or 21 parking.
Mr. Olmedillo: let me check that to give you an exact figure.
Commissioner Plummer: On the 11000, what is it? 19 cars? 18 cars? Twenty,
that's what they would be...
Mr. Olmedillo: Twenty cars.
Commissioner Plummer: They would be required to have parking today, under
_ present conditions, for 20 cars and they are asking us to allow them to exist
with no parking. I'm willing to vote to give them a year, even not knowing
-; about the fact that they had made contact with Metro -Dade County about the
�i rapid transit.
Ms. Dougherty: We'll be happy to do it.
Commissioner Plummer: I'm saying it can't continue forever.
391 June 11, 1992
Ms. Dougherty: We will be happy to cane back here in one year to review the
situation.
Commissioner Plummer: If you get the parking, you don't even have to come
back.
Mr. Rice: I want to talk.
Mayor Suarez: OK. Let's complete the presentations and then vote. Jack,
anything else?
Mr. Rice: First of all, you know, they are in violation. They don't have the
parking. My client has parking. Everybody... Dolan has parking. Everybody
but maybe three or four little stores don't have parking. What you ought to
do is reexamine that building to find out if they are required to supply more
than five cars, five parking spaces. I'm going to tell you, outside of Shell
Lumber, they are the most active business in the area and nobody in there
wants them there because they are utilizing all the available space. Now they
came to us to rent Dr. Robertson's property. We gave them what they wanted.
They've let that property deteriorate. They haven't cleaned it. They made it
look terrible. And they said there's something wrong with the walls, but
I'm...
Mayor Suarez: Well, it didn't look real good to begin with, I mean.
Mr. Rice: Hey. Hey. Yeah, but this is... They can't... We are going to
cancel the lease. I don't care what they do.
Commissioner Plummer: Jack, you are not telling me after that fire that, that
looked good.
Vice Mayor Alonso: No.
Mr. Rice: Oh, it looks terrible.
Vice Mayor Alonso: Sure.
Mr. Rice: No, that building looks terrible. But they leased it. What can we
do? They leased it. We couldn't change it as long as they were leasing it.
When they are out, we are going to change it. But I'm going to tell you, we
are also going to take an appeal. But even before I get to that, let me tell
you this. I called the County to find out what it takes to do this. It isn't
simple. You all put off-street parking at the basketball stadium in 9th
Street underneath the Metrorail. You are going to have to do the same thing
here that you did there. You are going to have to have a program, you are
going to have to pay for it, you are going to have to contract with the City
of Miami and the County, the only way you can do it. You are going to have to
pass a resolution asking for the contract, or proposing a contract. The
County is going to have approve it. You are going to have to pay for the
maintenance of the area, building the streets, the roads, the parking. They
said they already told me you've got to maintain the bicycle path and maintain
the beauty of the area. You know, that's a continuous park throughout the
rapid transit, and they wanted to keep it that way. Now, little piecemeals
come in. You know there isn't one piecemeal piece of parking on the entire
392 June 11, 1992
underpass of that rapid transit. The only ones that have it is the City of
Miami with the basketball stadium and the City of Coral Gables with the =-
baseball stadium. That's all. You think this is going to be easy, and it's
going to short, you are wrong. It's going to take forever to do it,...
Mayor Suarez: I'm not sure...
Mr. Rice: ... and it's going to take a lot of money.
Mayor Suarez: ... that argues in your favor or against,...
Mr. Rice: All right, but I want to tell you...
Mayor Suarez: ... but anyhow we take notice of the fact that, that would be a
convoluted process and so on. Yes, we agree with that.
Mr. Rice: That's right. But I want to tell you something else. You all just
took a licking on this not having parking in the Herrera case and the court
said where there is zoned - now this was residential as opposed to commercial
and where now they want to use it for a retail commercial - where land is
zoned for residential use, deprivation of all benefit use is proved only when
it is established by competent evidence that such land cannot be used for any
of the purposes permitted in such district. It is not sufficient for an
applicant to show he cannot achieve a reasonable turn from a particular type
of development. Hardship may not be found unless there is a showing that
under the present zoning, no possible reasonable use could be made of the
property. The Planning staff of the City of Miami recommended a denial, which
they've done here. The developer requested for a variance for a reason that
no legal hardship existed, did not hold water with the court. Nowhere in the
circuit court eight -page - they wrote an eight -page opinion in the Herrera
case - is there critical finding that without the variance, it is virtually
impossible to use the land as presently zoned. Now, I want to te11 you I
didn't cause them to use this property as a retail establishment. They did it
voluntarily. This was a wholesale establishment. They can go back and use it
as a wholesale establishment. With that, I request that you deny it because
that's the right thing to do. If you are going to do this, you know you are
going to waive zoning, why not waive zoning all around there? For everybody.
Mayor Suarez: All right, Jack.
Mr. Rice: Where they don't have to have any parking.
Mayor Suarez: All right. Anything further, counselor? Lucia?
Vice Mayor Alonso: Lucia?
Mayor Suarez: Otherwise, we are ready to move on this item.
Ms. Dougherty: I don't have anything further.
Mayor Suarez: I have a feeling we didn't swear you in, and you being somehow
related to Plummer, we'd better swear you in.
Mr. Dolan: Swear me.
393 June 11, 1992
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mr. Dolan: Daniel Dolan, 2610 S.W. 28th Lane. I'm here representing my
business, the Dolan Interiors Company, located adjacent to the Paper
Wholesaler. Our position is to support the appeal filed by Dr. Robertson and
oppose a temporary variance to waive the parking requirements for the Paper
Wholesaler. The Paper Wholesaler has a thriving business on 28th Lane,
however, their patrons, delivery trucks, etcetera, are very disruptive to the
other businesses on the street. Our feeling is to grant them this type of
waiver and allow six months to further investigate an equitable solution,
would only cause to aggravate an already trying situation for all citizens,
both individuals and businesses, residing on 28th Lane. If it is the stated
intent of this waiver to find a solution, our recommendation would be for the
Paper Wholesaler to continue utilizing the parking lot available to them at
2600 S.W. 28th Lane. 1 guess that's not equitable any more, and to retain a
guard to direct their many patrons that utilize that site. As it stands now,
we've spent a lot of time and money and stress during the business day at our
showroom trying to renegotiate this traffic situation. Should it be the
desire of the Commission to uphold the waiver, in this instance, it should
extend to all the addresses on 28th Lane. All property owners have the same
parking problems and all should have the benefit of this waiver. We see no
community benefit to allowing one business to avoid their responsibility and
to dictate the traffic environment for all, which is the intent of this
waiver.
Mayor Suarez: All right.
Mr. Dolan: Thank you very much and I hope you consider this appeal.
Mayor Suarez: Thank you, sir. Commissioners, what's your pleasure? Doctor,
you are not going to add to our understanding of this, are you?
Dr. James Robertson: Thank you, Your Honor. Thank you, sir.
Mayor Suarez: You are.
Dr. Robertson: I would like to let you know that we have started the
rehabilitation of this property, which looks terrible, I'll admit. This past
week, we removed the tree that was growing there and it's gone. I have
plans...
Mayor Suarez: Things got to be bad when you remove a tree and that makes it
better.
Dr. Robertson: Well, that's a start. Anyway...
Vice Mayor Alonso: It's horrible.
Asst. Manager Rodriguez: It's inside the building.
Dr. Robertson: ... here are two plans done...
394 June 11, 1992
Vice Mayor Alonso: Great.
Dr. Robertson: ... by reputable architect, Mr. Pereira, fellow countryman of
yours, hopefully. Anyway, it shows the front here there's two variances.
They have a one-story plan and a two-story plan. The one-story plan would be
7900 square feet which can be divided up into several mini -bays which is
shown...
Vice Mayor Alonso: Mini -stores?
Dr. Robertson: No, right here. This is it. This would be the one-story
plan.
Mayor Suarez: Is that all going to have enough parking?
Vice Mayor Alonso: You are going to have parking?
Dr. Robertson: Parking is on the street. That's where... Now, if you go to
the two-story plan, then you do have to put offshore parking.
Commissioner Plummer: Offshore?
Dr. Robertson: You'll be... Off -site parking. You will be able to pick up
with an elevator or stairway about 11,000 feet total of rentable space to
somebody, but you'll have the same off-street parking that they are using now.
We are grandfathered in from the sidewalk to Metrorail. Somebody mentioned it
was possible to do angle parking off of the Metrorail. I'd be very happy to
see that because everybody could prosper that and bring more business in. You
people, with great wisdom, followed what they did up at 36th Street N.E. where
the design district is. You put an antique district here and then you've got
probably 19 or 20 antique stores there now that are waiting for the future and
they are waiting for business and the people can't park so the thing is... If
you are going to tax people, you should let them make money out of their
property to pay the taxes.
Mayor Suarez: All right.
Dr. Robertson: That's my plea. Thank you.
Vice Mayor Alonso: We couldn't agree more.
Mayor Suarez: Commissioners.
Vice Mayor Alonso: So I will move to deny the appeal and to grant a one-year
extension until the situation can be resolved. I so move.
Mayor Suarez: So moved. Do we have a second on the motion to deny the
appeal?
Asst. Attorney Maer: Is that...
Vice Mayor Alonso: He did second.
395
June 11, 1992
Mayor Suarez: He seconds. Any further discussion? If not, please call the
roll.
Asst. Attorney Maer: May I ask for a clarification? You say to deny the
appeal, a one-year extension until the problem is resolved.
Vice Mayor Alonso: I want a one-year... Well, it was the appeal from him
was...
Asst. Attorney Maer: Right.
Vice Mayor Alonso: ... to deny...
Asst. Attorney Maer: I understand.
Vice Mayor Alonso: ... six months. So we are...
Commissioner Plummer: A total of 12 months.
Asst. Attorney Maer: Twelve months.
Vice Mayor Alonso: Twelve months.
Asst. Attorney Maer: Regardless of the Metrorail parking or...
Mayor Suarez: No more than 12 months is what she's saying.
Asst. Attorney Maer: Well, the way you said it, it was...
Commissioner Plummer: They get the Metrorail parking, and then that ends the
issue. And excuse me, so you know. If you get - and God help you, I hope you
do - I expect you to put in at least allocate 20 spaces in the Metrorail.
That's what should be for your store, that's what I'm going to expect you to
do if Metro grants you the right to do it.
Mayor Suarez: All right. We have a motion and a second. Is it understood.
Commissioner Plummer: It's, of course, part of my second.
Mayor Suarez: Call the roll.
396 June 11, 1992
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-423
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD AND GRANTING A TEMPORARY VARIANCE FROM SECTION
1903.1 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO
WAIVE 5 OF 5 REQUIRED OFF-STREET PARKING SPACES FOR
THE EXISTING COMMERCIAL BUSINESS (THE PAPER
WHOLESALER) FOR THE PROPERTY LOCATED AT 2638 SOUTHWEST
28TH LANE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN) (THE "PROPERTY"), ZONED I INDUSTRIAL, FOR A
PERIOD OF ONE YEAR, SUBJECT TO THE REQUIREMENT THAT
THE PAPER WHOLESALER SHALL MAKE AVAILABLE TO ITS
CUSTOMERS NO FEWER THAN TWENTY (20) PARKING SPACES IN
THE PROPOSED PARKING AREA LYING ADJACENT TO THE
PROPERTY AND UNDER THE DADE COUNTY METRORAIL SYSTEM AS
SOON AS SUCH AREA SHALL BECOME AVAILABLE FOR PARKING.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: Mayor Xavier L. Suarez
ABSENT: Commissioner Miller J. Dawkins
Ms. Dougherty: Thank you very much.
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
D ERS CONSIDERATION OF PLANNING AND ZONING AGENDA
ITEMS TO CONSIDER A REGULAR NON -AGENDA ITEM.]
397 June 11, 1992
69. COMMISSIONER PLUMMER AND VICE MAYOR ALONSO REQUEST COPIES OF VIDEOTAPES
OF COMMISSION MEETINGS.
Commissioner Plummer: Mr. Mayor, since we only have five minutes, I want to
request of the Administration. I am told that the video that is done by the
video company do not make tapes. Is that correct?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: I would like, in the future, and I don't care, I can't
speak for my colleagues, but I want delivered to my office within a week's
time, after the Commission meetings, I want my video - what do they call it? -
cable people to deliver to my office a copy of the video tapes of these City
Commission meetings. I don't know of a better way to keep a record than
through a video tape because you can't read on a written document expressions
and intent like you can with a video.
Vice Mayor Alonso: Yes.
Mayor Suarez: To see eye...
Commissioner Plummer: So in the future - it's up to ply colleagues if they
want the same - but 1 want delivered to my office within one week...
Vice Mayor Alonso: Me, too.
Commissioner Plumper: ... after the Commission meetings a video tape of the
entire City Commission meeting. Thank you.
Mayor Suarez: Well, the issue of the hardware 1s something you might want to
discuss with our PIO. They may have the ability to tape a lot of this and you
may not have it in that camera. Maybe you have it back at the studio. I
don't know.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: Right.
Vice Mayor Alonso: Today you will not have the entire session.
Mayor Suarez: And how many tapes this will entail, I'll tell you this, I'll
borrow his whenever I need mine, because I'm not going to take a stack of
tapes, but the idea of having at least one master tape is a good one.
Commissioner Plummer: I agree.
Mayor Suarez: PZ what?
Asst. Manager Rodriguez: PZ-4 is withdrawn.
398 June 11, 1992
� sue"
Fv c
Commissioner Plummer: Excuse me. Do you need a motion on that?
Asst. Manager Rodriguez: No. That's OK.
Commissioner Plummer: OK.
[NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES
CUMDERATION OF ITEMS ON THE PLANNING AND ZONING
PORTION OF THE AGENDA.]
Asst. Manager Rodriguez: PZ-5.
Mr. Guillermo 0lmedillo: PZ-5.
Mayor Suarez: It looks like it's going to be the last item before we lose a
quorum, folks. I want you to know.
Vice Mayor Alonso: Wait a second. Wait a second.
Commissioner Plummer: PZ-5.
Mayor Suarez: PZ-5.
Vice Mayor Alonso: Then why don't we take...
Commissioner Plummer: PZ... What happened... Excuse me.
Mayor Suarez: Stay here as long as I have to, but...
Commissioner Plummer: What happened to three and four?
70. DISCUSSION CONCERNING PROPOSED RECONSIDERATION OF AMENDMENT TO ORDINANCE
11000 (ARTICLE 219 ADMINISTRATION, ENFORCEMENT, VIOLATIONS AND
PENALTIES - SECTION 2105) TO REVISE TEXT TO EXTEND TIME LIMITS FOR
OBTAINING BUILDING PERMITS AND CERTIFICATES OF USE AND OCCUPANCY
PURSUANT TO OROS. 9500 AND 11000 -- NO ACTION TAKEN.
Vice Mayor Alonso: I believe the people here are waiting for...
Commissioner Plummer: What?
Vice Mayor Alonso: ... PZ-7. Let's take that one.
Mayor Suarez: All right. PZ-7, out of order.
Vice Mayor Alonso: Yeah.
399 June 11, 1992
Mayor Suarez: PZ-7. What are the objections?
Mr. Olmedillo: PZ-7, Mr. Mayor and Commissioners, remember this is a
resolution to reconsider and then 8 is a companion item. This is the one that
brings 9500 into effect for a period of time. You may remember that one
developer, specifically Mrs. Weiss, came up to you and she had a problem
because she had drawn up plans for property that she owns and she got a point
where she could not submit 1t under the 9500 because her time had expired. It
was 11000. She found a hardship as to applying under 11000 and you asked the
Administration to bring back to you for your consideration something that will
amend the zoning ordinance so that 9500, a window of opportunity will be open
again for a period of time.
Mayor Suarez: All right. That's very interesting as to the procedural aspect
and the window of opportunity and all that, but there are folks here,
presumably, that feel very strongly about... Are they the same issues or are
they different aspects of the matter?
Commissioner Plummer: Well, obviously they are different.
Vice Mayor Alonso: They are concerned that it will open doors for other
things.
Mr. Olmedillo: I believe that it's the same issue, opening 9500, I believe is
the issue from what I see from the attendance here.
Vice Mayor Alonso: Guillermo, do we have any other alternative to resolve
their problem without creating a problem to the rest of the City? Do we have
any way possible to address their case without causing inconveniences to the
rest of the neighborhoods in the City of Miami? Do we have any...
Mr. Olmedillo: If we could pinpoint specifically what is the problem that
Mrs. Weiss has in her plans, if it's parking, because 11000 is more
restrictive than 9500 in parking, or is it light plans, or is it setbacks.
Specifically perhaps that could be achieved through a variance, but that we
don't know because we... I don't know who in the Administration has seen the
plans or if the plans are the same that we saw four or five years ago.
Commissioner Plummer: Where is Mrs. Weiss's property that's in question?
Mr. Olmedillo: N.W. 7th Street and about 54th, 55th Avenue.
Mrs. Weiss: 4861.
Commissioner Plummer: Well, obviously that's not why you all are here. You
are here based on N.W. 7th Street and 48th Avenue?
Vice Mayor Alonso: Yeah, because it opens the door to other areas.
Mr. Olmedillo: No.
Commissioner Plummer: Because it opens the door to the rest of the City?
Whoa, whoa. Time out. Time out. No, no. That is not the case, as I recall.
At the last meeting, it was said only those applications on record.
400 June 11, 1992
e
:7
Mrs. Caroline Weiss: And prior.
Commissioner Plummer: It did not open the door to the entire City or more or
new applications. That's why I'm questioning why they are all here.
Asst. Manager Rodriguez: I believe, and Mrs. Weiss maybe should address this,
but I believe they don't have an application on record.
Commissioner Plummer: Excuse me.
Vice Mayor Alonso: Do you have an application? Yes, they do.
Asst. Manager Rodriguez: I believe they don't have an application on record
because they don't have...
Commissioner Plummer: They had an application on record.
Asst. Manager Rodriguez: No.
Mr. Olmedillo: They had an application for replat.
Vice Mayor Alonso: If they do, then that resolves the case.
Commissioner Plummer: Huh?
Mr. Olmedillo: For replat.
Asst. Attorney Miriam Maer: They don't have platted property, so as far as I
know, they don't have an application on record.
Commissioner Plummer: Look, the last time I was here... Excuse me, that they
were here, I heard the screaming went something like this. The Administration
didn't do what you told them to do, and the Administration says, "They didn't
do what they were supposed to do. We are ready to do what we want to do, but
they didn't do what they wanted to do." And that was the screaming match that
we had at the last meeting. Now, if in fact, I remember her submitting a
letter, I remember you telling me that you would have to open the door, I
remember stating that 1t would only be any applications... I, on the record,
said I was concerned about others rushing in to try to take advantage of it,
and was assured that, that would not happen. And now I'm wondering why I was
told certain things and now there's a difference.
Mr. Olmedillo: They submitted... The applicant submitted plans without a
replatted piece of property. She had to plat in order to file an application.
Thereforey there is no application because the plat has to precede...
=i Commissioner Plummer: Did she submit her plan?
Mrs. Weiss: If I may...
Vice Mayor Alonso: Couldn't they...
Commissioner Plummer: Wait a minute.
401 June 11, 1992
Vice Mayor Alonso: Couldn't they do it on the basis of a tentative plat?
Asst. Attorney Maer: No, that would violate our code provision.
Commissioner Plummer: Didn't they submit a plan?
Vice Mayor Alonso: What?
Asst. Attorney Maer: Our code prohibits that.
Mr. Joseph Genuardi: They submitted a complete set of plans and an
application, but...
Commissioner Plummer: OK. Does that not establish a record? I'm not saying
that it was a proper or in accord...
Mayor Suarez: Wait a minute. Wait a minute. Wait a minute. If somebody
wants to carry on a conversation, you can do so outside, in your homes, in the
parking lot, anywhere. We are trying to have a zoning hearing here, please.
Commissioner Plummer: It would seem logical to me, Joe, that if they gave you
a plan, even though not complete because of the replatting, that in fact it
would be a matter of record that they have submitted and are on record of what
they intend to do. And that was my understanding, and my concern was at the
time, that others would rush in the door and say, "Hey, we want to be
considered also," and I said, "No, that was not the case." And I was given
assurances, as I recall, by the Administration that it would only be those as
a matter of record.
Mayor Suarez: Wait a minute. Wait a minute, Commissioner. Would you please,
ma'am, have your conversation outside with your counsel. We are on another
matter. Jeezi
Commissioner Plummer: We are back to public flogging. Do I recall correctly
or am I hallucinating? Hello.
.j Vice Mayor Alonso: No. Yes, that happened.
Asst. Manager Rodriguez: We mentioned to you that they had to have the plans
that will be on record, but the plans have to be...
Commissioner Plummer: He said the plans are on record.
Asst. Manager Rodriguez: Except that the plans are not acceptable if they
don't meet the requirements of the plat.
Commissioner Plummer: Wait a minute.
Wait a minute. Hubl
Zipl Zipl
You
said that the problem was that they
had not submitted to
you a copy
of a
document signed by the mortgagee who
would not sign off
on what you
were
requiring.
Asst. Manager Rodriguez: That's a separate issue.
402
June 11,
1992
Commissioner Plummer: That's another issue?
Asst. Attorney Maer: That's the issue of the plat being approved and we could
not bring the plat to you for approval until they met the requirements of
State statute and the City code for the plat approval. The two that I recall,
and I don't know what the status of them is right now, is that there were
unpaid taxes and the mortgagee had not...
Commissioner Plummer: That's not ours to go into. OK?
Asst. Attorney Maer: But I'm just saying is those were the two criteria.
Commissioner Plummer: Is that we could not get what you needed. Let's put it
that way, regardless of what it was.
Asst. Attorney Maer: And the plat, to date, has not been brought to the
Commission. Had the...
Mayor Suarez: More importantly, we've got a situation where, presumably, the
interest of most of the neighbors are not necessarily directly opposed to what
they might want to do if it is clear what they might want to do. We are going
to let you speak all you want. I'm just trying to see if we need to have a
full-fledged hearing here or what are we going to do, folks?
Commissioner Plummer: Well, from what I'm hearing is we can't even have a
hearing. At this particular point,...
Mayor Suarez: Can't have a hearing?
Commissioner Plummer: ... 9500 is gone, it is a dead issue and it can't be
revived, and that's why I think you are asking the question, is there some
other avenue to travel, to go around, to try to accomplish the same thing that
was trying to be accomplished before.
Mayor Suarez: What are here on? Could someone explain in the simplest
possible terms why there is one applicant that wants something, presumably,
restricted to one property and then the whole rest of the community opposed
because of, "the opening of some door," and if so, can we act on this today?
_ And if we are going to act on it and take evidence, we've got to swear
-R everybody in.
Commissioner Plummer: I want to go home.
Mayor Suarez: Please.
Mr. Olmedillo: What has been provided to you is an amended ordinance which
opens a window of opportunity for applicants to apply under 9500.
Mayor Suarez: How does it do that?
Mr. Olmedillo: People will be given a short time, as short or as long as the
Commission wants it, so that if somebody like Mrs. Weiss, who is ready with
plans, comes in tomorrow or thirty days after this Commission, if the
Commission decided to approve it, and files the application, then she has an
opportunity to get her plans...
403 June 11, 1992
Mayor Suarez: To enable her to do that, procedurally, we must do it in a
global way that affects the entire rest of the City...
Mr. Olmedillo: There is a matter of equity, Mr. Mayor, that we have to
address. We cannot tailor...
Mayor Suarez: OK. So you were interested then in finding out what exactly
Mrs. Weiss wanted to do with her property in case you could accomplish it by some other means, other than this particular sweeping change. -
Mr. Olmedillo: By variances, which we cannot promise anything on a variance_
issue because it's...
Mayor Suarez: Is that worth exploring at this point? - or should we just
simply hear from both sides and vote. What do you suggest?
Commissioner Plummer: Excuse me. What is there to vote on if the application
is not legally before us?
Mayor Suarez: Who said that?
Commissioner Plummer: They are saying that the 9500 is dead and gone.
Asst. Manager Rodriguez: Wait. That's a different issue.
Asst. Attorney Maer: That's a different issue.
Asst. Manager Rodriguez: You are dealing today with a change of law, separate
from an application. The reason you were doing was because of an application,
but you are dealing today with a change of law, which is Citywide, and that's
the reason why you have neighbors opposing it.
Mayor Suarez: All right. And then it sounds to me like we are going to have
to swear them in and hear testimony and vote on it, and Commissioners, can I
hold on to your attention long enough to vote on this?
Mrs. Feiss: Mr. Mayor, if I may say a word, I may save some time. I would
like to have a full...
Mayor Suarez: OK. But before you do that, swear her in, Madam City Clerk,
please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: You might as.well them, too.
Commissioner Plummer: And anybody else here on another item, go home.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor Alonso: Signs. It's probably downtown.
404 June 11, 1992
t
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: Oh, apparently we thought it was an...
Vice Mayor Alonso: Oh, we are going to approve that. It takes a minute.
Asst. Manager Rodriguez: He wants to make a change.
Mayor Suarez: We thought that it was an internal matter having to do with the
City. Have a seat. We'll get to you.
Vice Mayor Alonso: Even more changes?
Mayor Suarez: OK. Now, Caroline. If you have some suggestion of what might
be done, try it. If not, we'll hear the matter on the merits on both sides
quickly and take a vote.
Mrs. Weiss: What I would like to do...
Mayor Suarez: As soon as... I mean, as long as we have a quorum. Yes.
Mrs. Weiss: I would like to have this postponed so I can bring all of my
documents with me to reflect that my plans were accepted and paid for. They
have been processed in their entirety and there was no hearing for the plat in
the month of December and so it was rolled over for January, and I have been
successful in continuing my plat and as a result of hardship working on this
set of plans, I requested that I be permitted, since my plans in their
entirety have been processed under 9500. Under 9500, I'm allowed to do
exactly the same thing under the 11000 code, but it will require doing the
plans all over again and running them through the City of Miami which time is
of the essence. One of the parcels that's in question is in foreclosure. I
have filed reorganization so as to protect it and I have financing available
for the entire project, and I don't think I should be penalized at this time
when we have agreed that I be permitted to process and take my permit under
9500. When we did agree on the first reading, it was very clear that the only
person would be available to that window of opportunity was anyone who has
their plans in their entirety completely filed and application was paid for,
and this continuation of this 9500 is not a window of opportunity to allow
people now at this stage to come in and say I would like to apply for plans
retroactive to the 9500. Since my documentation is not here and my
and my building permits, I would like to have the opportunity to bring them
all back at the next meeting to show you what is factual rather than everybody
is talking just verbally and not really having all the facts together.
Vice Mayor Alonso: That is true...
Commissioner Plummer: Can I ask a question, Mr. Mayor?
Mayor Suarez: Yes.
Commissioner Plummer: Madam City Attorney, we want to try to help this
applicant. Is there anything that we can do to help this applicant, who I
don't think there's any opposition to what she wants to do, without damaging
the rest of the City? And if so, would you please, for God's sakes, tell me
so I can go home.
405 June 11, 1992
Asst. Attorney Maer: The best remedy that I could think of at the moment
would be, first of all before we can accept an application for a building
permit under our own City code, you have to have the land platted. As soon as
the land is platted, we can review her plans and possibly a variance or some =
other type of special permit relief might be available to her.
Commissioner Plummer: I move that's what we do.
Vice Mayor Alonso: And we will work then with only her case. Right?
Asst. Attorney Maer: If she applies for a special permit or other zoning
.relief of that type, you are limited to working only with her land, with her
case, with her application.
Commissioner Plummer: I move.
Asst. Attorney Maer: If you have a zoning change, that's Citywide.
Commissioner Plummer: I move.
Unidentified Speaker: Under 11000.
Mrs. Weiss: Well, I will...
Mayor Suarez: Put it this way. You are not going to get, for at least this
vote, a modification of 11000 and the way that opens up the door for the rest
of the community. So, you maybe ought to take this.
Vice Mayor Alonso: This way we will find relief for you in your case and it
will not affect the rest of the City.
Mayor Suarez: Hopefully. Hopefully. We can't promise it, folks, it's...
Vice Mayor Alonso: Of course.
Mrs. Weiss: You know, I have...
Vice Mayor Alonso: She knows she has to complete her plat.
Mrs. Weiss: You know, as a developer...
Vice Mayor Alonso: She understands this.
Asst. Attorney Maer: The first step would be bringing the plat to this
Commission for approval.
Mayor Suarez: This is the ordinance that we have now in place.
Vice Mayor Alonso: She understands that she has to complete her plat.
Mayor Suarez: This is the ordinance that we are supposed to go by.
Vice Mayor Alonso: That she does understand, of course.
406 June 11, 1992
Mayor Suarez: Simple as that.
Mrs. Weiss: Yes, and I have documented one million eight hundred and fifty
thousand already in soft cost in these plans which have been submitted to the
court. I think it will be unfair working on these plans for almost two and a
half years or three years to say that I am trying to open a window of
opportunity for everyone, and my financing is in place.
Mayor Suarez: Well, it's not intentional. That's a practical effect of
having to change this entire ordinance.
Mrs. Weiss: But, Mr. Mayor, under the 11000, I'm allowed to put up three
thousand apartments. My plan is calling for a thousand and ninety-two. I...
Mayor Suarez: That's a very important argument to make, once you have gone
through the process they are suggesting and you are back here seeking a
variance or whatever other things you need, to make that argument. But at
this point, the more global concern of the citizens of Miami is that we redo
this ordinance and open up the door for many, many people to do... Just
because of what you want to do,...
Mrs. Weiss: But, Mr. Mayor,...
Mayor Suarez: ... and that's not fair to them.
Mrs. Weiss: ... my plans have been accepted and paid for. I mean, this...
Asst. Manager Rodriguez: They've been approved.
Mayor Suarez: Oh, let me tell you. There's many, many people up here who
feel all of that should have lapsed many, many months ago. Those things
should only be granted for a few months.
Asst. Manager Rodriguez: They've been approved.
Mayor Suarez: If you don't begin acting on it, you lose everything that you
had, so that's a bad argument. But,...
Commissioner Plummer: He says they submitted them and paid for them.
Mayor Suarez: ... you are entitled to make it.
Mrs. Weiss: But, Mr. Mayor, three divisions in the City of Miami...
Commissioner Plummer: It means you took her money.
Mrs. Weiss: .... Building Department only called us last week to pick up
additional plans that they just finished reviewing. Each division takes
entirely a different time, and I don't think I'm asking for anything that's
unreasonable.
Mayor Suarez: But procedurally what you are getting by not having us rule on
the item before us, but instead...
407 June 11, 1992
Vice Mayor Alonso: We11, I think that...
Mayor Suarez: ... suggest a different alternative is actually very helpful to
you. I don't know if you realize that.
Vice Mayor Alonso: Mr. Mayor, I think we will...
Mayor Suarez: Yeah.
Vice Mayor Alonso: ... be able to work with her and follow the steps that are
necessary to make it possible for her to complete, and we will this way not
affect the rest of the City of Miami, and we will be working with you. We can
even waive fees if we decide.
Mayor Suarez: Does the effect of the motion as stated and as discussed leave
pending the issue before us today? - or does it take it off the table
altogether? Did you understand it? - as stated by Commissioner Plummer.
Asst. Manager Rodriguez: I think you have to make a motion, I guess, as to
the second reading.
Commissioner Plummer: I made the motion.
Asst. Manager Rodriguez: No, he's asking... The Mayor is asking me...
Mayor Suarez: Then what do we do with the matter before us? We'd still have
to have another motion on that?
Asst. Manager Rodriguez: Right.
Mayor Suarez: Yeah. I think it would be in order. I just want to make sure
that we take further argument from her if she doesn't like that part of it.
All right. Commissioner Plummer has something which I think you ought to be
in favor of because it may be your only avenue around all of this, and he's
made it into the form of a motion. Can anyone from Planning put it into a
form that sounds right?
Vice Mayor Alonso: First we have to take action on 7, and then...
Asst. Attorney Maer: (OFF MIKE - INAUDIBLE)
Mayor Suarez: OK. I was suggesting that we do this first. That indicates to
her that we want to work with her and then we zap her on PZ-7.
Asst. Manager Rodriguez: I think what Mr. Plummer said was that we would work
with her indicating what are the procedures she will have to follow, and try
to find any possible solution within the framework of zoning ordinance 11000.
I don't think you can guarantee that it will be a solution because you cannot
preempt other boards and other actions by anybody else, but at least that we =-
will find out...
Mayor Suarez: And I'm not sure that even needs to be put in the form of a
motion. =
408 June 11, 1992
Asst. Manager Rodriguez: No, I just want to make sure that I clarify that.
Mayor Suarez: It's a statement of intent to work with you and try to make
your project viable without changing ordinance 1100.
Asst. Manager Rodriguez: Zoning ordinance 11000.
Mayor Suarez: ...11000, rather. Do you want to address that any further,
anyone? Obviously, you wouldn't.
Mrs. Weiss: Well, I would like to ask that... I request that some relief be
given since I am so advanced with the plans, and also there is hardship, and I
think the work could be used. The construction management company has been on
it nonstop dealing with the City of Miami and there has been no
procrastination and everything is moving right along, and I would appreciate
any help that I can get so as to maintain the plans in their proper integrity
at this time, rather than to make a full representation, which takes, after
the plans are complete, in excess of nine months alone to present them and
pass them through the City of Miami.
Mayor Suarez: Is there anything that...
Asst. Manager Rodriguez: I don't know what we are talking about, money -wise.
Mayor Suarez: ... we need to tell Planning or Building and Zoning or anyone
else as far as cooperation with her?
Vice Mayor Alonso: I think that the first thing we should do is to meet with
her,...
Asst. Manager Rodriguez: And know exactly...
Vice Mayor Alonso: ... identify the case and then we will know exactly...
Asst. Manager Rodriguez: What we are talking about.
Vice Mayor Alonso: ... what to do, and then we can bring it in the next
Commission meeting...
Asst. Manager Rodriguez: If necessary.
Vice Mayor Alonso: ... and it will be only your case. It will have nothing
to do with the rest of the City of Miami.
Asst. Manager Rodriguez: And you can decide at that point what action you
want to take and to any relief, if anything.
Vice Mayor Alonso: Exactly. Because at this point,...
Asst. Manager Rodriguez: You don't know.
Vice Mayor Alonso: ... she doesn't really know. You don't know.
409 June 11, 1992
Asst. Attorney Maer: And any special zoning relief that she may be asking
for, as in now talking about hardship, I just would need to let you know, of
course, it has to follow the same process and go through the necessary board
before it comes up to you.
Vice Mayor Alonso: I don't think she needs any zoning relief.
Mrs. Weiss: I don't need any zoning...
Asst. Attorney Maer: We don't know what she needs.
Asst. Manager Rodriguez: We don't know. We don't know.
Asst. Attorney Maer: We have no idea what she needs.
Mrs. Weiss: I don't need any variance. I don't need any zoning or variance.
I have enough land there,...
Vice Mayor Alonso: OK. But I understand the legal point. Yeah.
Mrs. Weiss: ... and this master plan has been approved over three years. The
only thing I can do is gain to build more apartments which I don't want to do.
It's the time element that we are talking about and nothing more. So as not
to jeopardize all the work that's already in place.
Vice Mayor Alonso: OK. So let's identify...
Commissioner Plummer: What are we arguing about?
Vice Mayor Alonso: Well, she wants to be sure that we are going to give her
some relief.
Mayor Suarez: She would like to be assured that she will have a way of...
Commissioner Plummer: I asked the City Attorney a simple question, I got a
good answer, and I thought that took care of it. Now, if everybody's not
happy, then hell with it. I'm going to move to deny and let's go home.
Mayor Suarez: No. We have to do that in any event on PZ-7.
Commissioner Plummer: Well what are we doing here?
Mayor Suarez: We have to move one way or the other on...
Commissioner Plummer: Well, let's do it!
Vice Mayor Alonso: He already did.
Commissioner Plummer: I thought I did.
Mayor Suarez: ... ordinance 11000.
Commissioner Plummer: I think I saw a pussycat a -creeping up on me.
410 June 11, 1992
Mayor Suarez: Actually, we probably would...
Commissioner Plummer: I did. I did.
Vice Mayor Alonso: Let me tell you one thing. Don't do things like that
because you will get in hot water. It's not funny.
Mayor Suarez: All right. On PZ-7, I'll entertain a motion.
Commissioner Plummer: I did.
Vice Mayor Alonso: Be careful, because people don't appreciate that. Don't
do it.
Asst. Attorney Maer: PZ-7 is your motion to reconsider. So if what I'm
hearing is you are not going to reconsider your previous decision not to
reopen 9500 for this window of opportunity, then you would, in this
resolution, just ignore it because you are not adopting a resolution to
reconsider that.
Mayor Suarez: You would take no action, then?
Asst. Attorney Maer: Right.
Commissioner Plummer: What are adopting?
Mayor Suarez: We don't need to do anything because we are not changing 11000,
unless somebody moves to change 11000. I have not heard that motion.
Commissioner Plummer: All right. Then...
Mayor Suarez: I'm going to wait exactly...
Commissioner Plummer: Where are we? In what way are we trying to accommodate
Mrs. Weiss?
Mayor Suarez: She has to begin by bringing her...
Commissioner Plummer: Plat?
Mayor Suarez: ... plans...
Commissioner Plummer: No. Her plans are already in. Her fee is already
paid, and as I understand, the only thing lacking is the plat. Is that
correct?
Mrs. Weiss: Is the signature of the lender, which Judge Weaver, at three
0 clock Monday, most likely will order them to sign the plat.
Commissioner Plummer: Excuse me. Let me ask this stupid question. I'm sorry
to be stupid. If she brings into you tomorrow morning a properly prepared
plat, is everything over with?
Mayor Suarez: Everything begins at that point.
411 June 11, 1992
2
Asst. Manager Rodriguez: What?
Commissioner Plummer: Begins of what?
Mrs. Weiss: It's finished.
Commissioner Plummer: Her plans are on record...
Mayor Suarez: Depending on if it, in any way, differs from the prescriptions
of 11000, which is our zoning ordinance. If she needs any variations, any
special use exceptions, anything.
Asst. Manager Rodriguez: Right, and also she doesn't have her plat approved.
Commissioner Plummer: Well, from what I understand, her plans do not comply
with 11000. Her plans were predicated on 9500.
Asst. Manager Rodriguez: Right.
Mayor Suarez: Right.
Vice Mayor Alonso: And she even paid for the permit.
Mayor Suarez: They'll have to comply with 11000, unless somebody moves...
Commissioner Plummer: No she paid for the plans, not for a permit.
Vice Mayor Alonso: She said she paid for the plans. For the plans?
Mrs. Weiss: The plans and the application for permit under 9500.
Commissioner Plummer: But not the permit.
Vice Mayor Alonso: And the application.
Commissioner Plummer: And they didn't approve it.
Mrs. Weiss: I paid twice.
Commissioner Plummer: I don't know how this can be so damn confusing. I
mean, it seems like to me, here we are, we are trying to help her. We are
asking you all to tell us how to help her...
Asst. Manager Rodriguez: And we told you.
Commissioner Plummer: ... without damaging the rest of the City. Now, if
that's such a humendous [sic] request, I don't understand.
Asst. Manager Rodriguez: And I suggested again that what we would like to do
is...
Commissioner Plummer: Formulate either a motion or no motion and let us get
the hell out of here.
412 June 11, 1992
E.
2
Vice Mayor Alonso: We don't have to take any action.
Asst. Manager Rodriguez: I don't think you have to do. You gave us
instructions...
Commissioner Plummer: No action?
Asst. Manager Rodriguez: No.
Commissioner Plummer: OK. Fine. Item 5.
Mayor Suarez: Thank you. We are going to work with you, Mrs. Weiss,...
Mice Mayor Alonso: You will meet with them.
Commissioner Plummer: If that's the case, that's case. I mean,...
Mayor Suarez: ... but we are not going to change 11000 at this point
certainly.
Commissioner Plummer: We are talking in realms here.
NOTE FOR THE RECORD: At this point, agenda item PZ-8
technically dies as the result of no action taken on
PZ-7 above.
413 June 11, 1992
71. FIRST READING ORDINANCE: AMEND 11000, ARTICLE 9 (GENERAL AND
SUPPLEMENTARY REGULATIONS), SECTION 926.16 (LIMITATIONS ON ONSITE SIGNS
ABOVE 50 FEET ABOVE GRADE) -- ALLOW MAXIMUM OF FOUR SIGNS FOR A SINGLE
MAJOR TENANT -- DEFINE MAJOR TENANT (Applicant: Planning, Building and
Zoning Dept.).
- - ----------------------------
Mayor Suarez: PZ-5.
Mr. Guillermo Olmedillo: PZ-5, Mayor and Commissioners,... —
Mayor Suarez: PZ-5, what is the petition?
Vice Mayor Alonso: Now, this piece of paper that I have been given, do you
agree with this?
Asst. Manager Rodriguez: One second, let me get a chance to read it. —
Mr. Olmedillo: I defer to the Manager's seat.
Commissioner Plummer: All right. Let me tell you why I agree with it. The
basic of premise of building signs 1s for identification. —
Unidentified Speaker: Correct.
Commissioner Plummer: Irrespective there is a provision in our ordinance that
will allow signs on all four sides of the building, but it was primarily set
_= up for two tenants. Two tenants.
Mr. Olmedillo: One tenant.
Asst. Manager Rodriguez: One tenant.
Commissioner Plummer: Two tenants for four sides, two sides for one tenant.
Asst. Manager Rodriguez: The one that we proposed.
Commissioner Plummer: OK.
Mr. Olmedillo: That's the proposal.
Commissioner Plummer: But you will allow all four sides...
Asst. Manager Rodriguez: Right.
Commissioner Plummer: ... to be used.
Mr. Olmedillo: Yes, correct.
Commissioner Plummer: OK. What he is asking for is to allow a landlord to
give a tease giving only the right to one tenant to have all four sides of the
414 June 11, 1992
building, excluding and prohibiting other tenants from the right to do such,
and I see nothing wrong with it. A building... The sign on a building is for
the purposes of identification.
Mayor Suarez: Is there anyone that wishes to oppose the petition at PZ-5?
Let the record reflect no one stepped forward.
Commissioner Plummer: I'll move it as amended.
Mayor Suarez: Moved as amended.
Asst. Manager Rodriguez: First reading. First reading.
Commissioner Plummer: Yeah.
Vice Mayor Alonso: OK. Yeah, I second.
Mayor Suarez: Seconded by the Vice Mayor. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
ARTICLE 9, GENERAL AND SUPPLEMENTARY REGULATIONS,
SECTION 926.16 "LIMITATIONS ON ONSITE SIGNS ABOVE A
HEIGHT ABOVE FIFTY (50) FEET ABOVE GRADE" TO ALLOW NOT
MORE THAN FOUR (4) SIGNS FOR A SINGLE MAJOR TENANT OR
NOT MORE THAN TWO (2) SIGNS PER MAJOR TENANT AND
DEFINING MAJOR TENANT AS A TENANT OCCUPYING MORE THAN
FIVE PERCENT (5%) OF THE GROSS LEASABLE FLOOR AREA OF
THE BUILDING FOR A MAXIMUM OF TWO (2) MAJOR TENANTS;
CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Vice Mayor Alonso
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
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.
415 June 11, 1992
E
P,
72. CONTINUE ITEMS PZ-4 & PZ-6 TO JULY 16TH PLANNING AND ZONING MEETING.
------------------------------------------------------------------------------
Asst. Manager Rodriguez: All the other items are continued...
Commissioner Plummer: Continue the rest...
Vice Mayor Alonso: Continue.
Commissioner Plummer: ... of the remaining agenda.
Asst. Manager Rodriguez: ... to July 16.
Vice Mayor Alonso: Yeah. Second.
Commissioner Plummer: So moved.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-424
A MOTION TO CONTINUE ALL PLANNING AND ZONING ITEMS NOT
TAKEN UP DURING TODAY'S MEETING TO THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR JULY 16, 1992.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
416 June 11, 1992
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION! THE MEETING WAS ADJOURNED AT 9:24 P.M.
Xavier L. Suarez
MAYOR
ATTEST:
Matty Hirai
CITY CLERK ®p
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417 June 11, 1992