HomeMy WebLinkAboutCC 1992-07-09 MinutesA
1AINUTE
• s_
OF MEETING HELD ON JULY 9, 1992
REGULAR
PREPARED v THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
ITEM SUBJECT
NO.
INDEX
MINUTES OF REGULAR MEETING
JULY 9, 1992
LEGISLATION PAGE
NO.
1.
BRIEF DISCUSSION CONCERNING RECENT
DISCUSSION
LETTER FROM U.S. HUD HIGHLY CRITICAL OF
7/9/92
CITY'S ALLOCATION OF GRANT MONIES TO
CBOs (See label 31).
2.
BRIEF COMMENTS CONCERNING OPENING OF
DISCUSSION
SEALED BALLOTS IN CONNECTION WITH
7/9/92
OPERATION OF ELDERLY SERVICES PROGRAM
IN WYNWOOD TARGET AREA (See labels 5 &
9)
3.
BRIEF COMMENTS CONCERNING POLICE
DISCUSSION
DEPLOYMENT (See labels 6 & 8).
7/9/92
4.
INTRODUCE RESOLUTION URGING AND
R 92-427
SUPPORTING NOMINATION OF THE
7/9/92
MORNINGSIDE HISTORIC DISTRICT TO THE
NATIONAL REGISTER OF HISTORIC PLACES.
5.
DISCUSS AND MOMENTARILY TABLE
DISCUSSION
CONSIDERATION OF THE RECENTLY -HELD DE
7/9/92
HOSTOS / HOLY CROSS ELECTION FOR
MANAGEMENT OF THE SENIOR CENTER, AND
ALLEGATIONS OF WRONDOING ON THE PART OF
THE PRIOR DIRECTOR FOR THE DE HOSTOS
SENIOR CENTER (See labels 2 & 9).
6.
CONTINUED DISCUSSION CONCERNING POLICE
M 92-428
DEPLOYMENT -- DIRECT MANAGER TO
7/9/92
ASCERTAIN POSSIBLE SOURCE FOR PROPOSED
ADDITIONAL FUNDING ($2.2 MILLION) FOR
THE POLICE DEPARTMENT'S ANNUAL
MAINTENANCE DEPLOYMENT STRATEGY (See
labels 3 & 8).
2-5
5-7
7-9
9-10
11-16
16-100
7.
BRIEF COMMENTS BY COMMISSIONER PLUMMER
DISCUSSION 101
PRAISING MARTIN FINE, ESQ. FOR HIS
7/9/92
EXCELLENT REPUTATION AND HONESTY, WHICH
HAD BEEN QUESTIONED IN A RECENT
NEWSPAPER ARTICLE.
8.
CONTINUED DISCUSSION CONCERNING POLICE
M 92-429 101-148
DEPLOYMENT -- COMMISSION URGES
7/9/92
ELIMINATION OF THE PUBLIC INFORMATION
UNIT OF THE MIAMI POLICE DEPARTMENT,
FAVORING PLAN TO OFFER SIMILAR SERVICES
OUT OF THE POLICE CHIEF'S OFFICE (See
labels 3 & 6).
9.
(Continued Discussion) DISCLOSE RESULTS
R 92-430 149-178
OF RECENTLY -HELD ELECTION, WHICH
7/9/92
SELECTED THE DE HOSTOS SENIOR CENTER,
INC. TO MANAGE AND OPERATE THE ELDERLY
CENTER PROGRAM IN THE WYNWOOD TARGET
AREA -- ALLOCATE FUNDING TO DE HOSTOS
SENIOR CENTER, INC. FOR 60 DAYS --
DESIGNATE ADALJISA DE ITURRONDO
MARTINEZ AS INTERIM DIRECTOR OF AGENCY
UNTIL ALLEGATIONS OF IMPROPRIETY
CONCERNING FORMER DIRECTOR ARE CLEARED
(See labels 2 & 5).
10.
RESCIND RESOLUTION 92-393, WHICH
R 92-431 178-204
ALLOCATED FUNDS TO HOLY CROSS DAY CARE
7/9/92
CENTER, INC. TO OPERATE A CHILD DAY
CARE PROJECT IN WYNWOOD TARGET AREA
(JULY 1 - JULY 31, 1992) -- ALLOCATE
$17,747 OF 18TH YEAR CDBG GRANT FUNDS
TO KIDCO CHILD CARE, INC. (JULY 1 -
SEPTEMBER 10, 1992) TO PROVIDE A
PROJECT IN WYNWOOD -- DIRECT KIDCO TO
FURNISH CITY ADMINISTRATION ALL
NECESSARY DOCUMENTATION PERTAINING TO
PROJECT -- DIRECT MANAGER TO MAKE
RECOMMENDATION CONCERNING FURTHER
FUNDING TO KIDCO PRIOR TO SEPTEMBER
10TH COMMISSION MEETING -- DIRECT
MANAGER TO NOTIFY KIDCO BY SEPTEMBER
1ST CONCERNING CONTINUED FUNDING
THROUGH JUNE 30, 1993.
11.
ALLOCATE $25,000 FOR PROFESSIONAL
R 92-432 205-208
SERVICES TO RETAIN NORA SWAN FOR
7/9/92
PLANNING AND PROMOTION OF FILM /
TELEVISION / RECORDING INDUSTRIES IN
THE CITY OF MIAMI.
E
12.
BRIEFLY DISCUSS AND DEFER (TO JULY 16TH
DISCUSSION
208-209
MEETING) CONSIDERATION OF PROPOSED
7/9/92
APPOINTMENTS / REAPPOINTMENTS TO MIAMI
SPORTS AND EXHIBITION AUTHORITY.
13.
DISCUSSION CONCERNING PROPOSED CITY
DISCUSSION
209-223
RESIDENCY REQUIREMENT -- DEFER TO NEXT
7/9/92
MEETING.
14.
(A) DISCUSSION CONCERNING THE
DISCUSSION
223-225
UPGRADING OF PA SYSTEM IN THE
7/9/92
COMMISSION CHAMBERS -- NO ACTION TAKEN.
(B) CITY COMMISSION EXPRESSES THE
OPINION THAT IT SHOULD BE TCI AND NOT
THE FIRE DEPARTMENT TELEVISING
COMMISSION PROCEEDINGS.
15.
GRANT REQUEST FOR WAIVER OF RENT AT
R 92-433
226-227
MANUEL ARTIME FOR: (a) EL COLEGIO
7/9/92
NACIONAL DE PERIODISTAS DE LA REPUBLICA
DE CUBA EN EL EXILIO, AND (b) SALAD
(SPANISH AMERICAN LEAGUE AGAINST
DISCRIMINATION).
16.
DISCUSSION CONCERNING THE $1 MILLION
DISCUSSION
227-231
LOAN POOL FOR ASSISTING LATIN
7/9/92
BUSINESSES -- RECOMMEND LIST OF
APPLICANTS TO MIAMI CAPITAL
DEVELOPMENT, INC. (See label 18)
17.
AUTHORIZE FUNDING OF METRO-MIAMI ACTION
R 92-434
231-232
PLAN KINGIAN NON -VIOLENCE WORKSHOP
7/9/92
($19,831 --from Law Enforcement Trust
Fund).
18.
CONTINUED DISCUSSION CONCERNING THE $1
DISCUSSION
232-233
MILLION LOAN POOL FOR ASSISTANCE TO
7/9/92
LATIN BUSINESSES (See label 16).
19.
DISCUSSION CONCERNING NEIGHBORHOOD
DISCUSSION
233-276
ENHANCEMENT TEAM (NET).
7/9/92
20.
CONSENT AGENDA.
276-277
7/9/92
20.1
AUTHORIZE FUNDING OF THE GUARDIAN AD
R 92-435
278
LITEM PROGRAM -- ALLOCATE FUNDS (Law
7/9/92
Enforcement Trust Fund).
20.2
AUTHORIZE INCREASE IN FUNDING OF THE
R 92-436
278
OFFICER FRIENDLY PROGRAM -- ALLOCATE
7/9/92
FUNDS (law Enforcement Trust Fund).
20.3 ACCEPT PROPOSAL: AFTER HOURS CLEANING R 92-437
SERVICES -- FOR FURNISHING CUSTODIAL 7/9/92
MAINTENANCE SERVICES TO MIAMI POLICE
DEPARTMENT NORTH SUBSTATION, INCLUDING
FRONT PARKING LOT AND REAR PARKING
GARAGE (CONTRACT BASIS).
20.4
ACCEPT PROPOSAL: VISTA BUILDING
R 92-438
MAINTENANCE -- FOR FURNISHING CUSTODIAL
7/9/92
MAINTENANCE SERVICES TO THE DON HICKMAN
ADMINISTRATION BUILDING AND FIRE
TRAINING CENTER (CONTRACT BASIS).
20.5
AUTHORIZE PURCHASE OF A TRAINED BELGIUM
R 92-439
MANUIOS POLICE DOG -- ALLOCATE FUNDS
7/9/92
(Law Enforcement Trust Fund).
20.6
ACCEPT BID: B. SHEHADI AND SON -- FOR
R 92-440
REPLACEMENT OF FLOOR COVERING AT MIAMI
7/9/92
POLICE DEPARTMENT E-911 CENTER.
20.7
AUTHORIZE PURCHASE / INSTALLATION OF
R 92-441
TWO TELEPHONE COUPLERS (UNDER EXISTING
7/9/92
STATE OF FLORIDA CONTRACT NO. 725-630-
90-1) -- FROM DICTAPHONE CORPORATION --
EQUIPMENT TO PROVIDE FOR FCC REQUIRED
BEEP TONES ON ALL RECORDED TELEPHONE
LINES FOR POLICE DEPARTMENT (previously
allocated from Law Enforcement Trust
Fund) .
20.8
ACCEPT BID: LEWIS GREEN CONSTRUCTION,
R 92-442
INC. -- FOR MODIFICATIONS TO FIRE
7/9/92
STATION NO. 2 (8-2974-E) (CIP
313018) -- EXECUTE CONTRACT.
20.9
ACCEPT BID: VAN TOPOLE CONSTRUCTION,
R 92-443
INC. -- FOR MODIFICATIONS TO FIRE
7/9/92
STATION NO. 8 (B-2974-G) (CIP
313018) -- EXECUTE CONTRACT.
20.10
ACCEPT BID: ALL CONSTRUCTION, INC. --
R 92-444
FOR PAN AMERICAN DRIVE MEDIAN
7/9/92
IMPROVEMENTS (B-2993-A) (CIP 415002) --
EXECUTE CONTRACT.
20.11 AUTHORIZE MANAGER TO EXECUTE AMENDMENT R 92-445
TO AGREEMENT WITH MIAMI-DADE COMMUNITY 7/9/92
COLLEGE (MDCC) -- FOR CITY'S RENDERING
OF IN-SERVICE FIRE TRAINING -- EXTEND
AGREEMENT PERIOD FROM AUGUST 1, 1992 -
JULY 31, 1993.
278-279
279
279
.K
280
281
281
282
282
20.12
AUTHORIZE MANAGER TO EXECUTE INTERLOCAL
R 92-446
282
_
AGREEMENTS WITH DESIGNATED PUBLIC
7/9/92
-_
AGENCIES TO IMPLEMENT THE: SWITCH WITH
-_
ANOTHER PARAMEDIC (SWAP) PROGRAM.
20.13
ACCEPT CITY OF MIAMI COMPREHENSIVE
R 92-447
283
ANNUAL FINANCIAL AUDIT REPORT FOR FY
7/9/92
ENDED SEPTEMBER 30, 1991 (as required
by Rules of Auditor General of State of
Florida, Section 10.558).
20.14
GRANT REQUEST BY FLORIDA SHRINE
R 92-448
283
-
ASSOCIATION FOR CLOSURE OF DESIGNATED
7/9/92
-
STREETS CONCERNING THEIR CONVENTION
PARADE.
—
20.15
DESIGNATE S.W. 8 STREET BETWEEN 17
R 92-449
283 -
AVENUE AND 27 AVENUE AS: THE LITTLE
7/9/92
—_
-
HAVANA ART DISTRICT.
20.16
AUTHORIZE REPLACEMENT OF CERTAIN CITY
R 92-450
284
OF MIAMI PUBLIC PARKS AND RECREATION
7/9/92
FACILITY GENERAL OBLIGATION BONDS, DUE
DECEMBER 1, 1997 ($10,000) TO
_-
SUBSTITUTE LOST BONDS / COUPONS.
_
20.17
AUTHORIZE REPLACEMENT OF CERTAIN CITY
R 92-451
284
OF MIAMI STORM SEWER IMPROVEMENT
7/9/92
GENERAL OBLIGATION BONDS, DUE DECEMBER
1, 1992 ($10,000) TO SUBSTITUTE LOST
—_
BONDS / COUPONS.
—_ 20.18
APPROVE SPECIAL PROGRAMS AND EVENTS TO
R 92-452
284
BE PRODUCED AND CABLECAST ON THE CITY'S
7/9/92
-
MUNICIPAL ACCESS CABLE CHANNEL (MIAMI
NET 9) DURING AUGUST AND SEPTEMBER,
1992.
i 20.19
REAPPOINT COMMISSIONER J.L. PLUMMER,
R 92-453
285
-,
JR. AS MEMBER AND CHAIRPERSON OF
7/9/92
INTERNATIONAL TRADE BOARD, EFFECTIVE
_-
JUNE 30, 1992 - JUNE 29, 1993.
21.
INCREASE MAXIMUM COMPENSATION (SET BY
R 92-454
R-86-401, 88-991 AND 90-439) --
7/9/92
ALLOCATE ADDITIONAL $50,000 TO
ATTORNEYS: (a)JOSEPH Z. FLEMING,
(b)PARKER THOMSON, AND (c)GARY HELD --
FOR LEGAL SERVICES IN DEFENDING THE
CITY AND INDIVIDUAL CITY COMMISSIONERS
CONCERNING ZONING / COMPREHENSIVE
NEIGHBORHOOD PLAN (MCNP) RELATED
LAWSUITS INVOLVING PROPERTY LOCATED AT
3471 MAIN HIGHWAY (A/K/A COMMODORE BAY)
(from Insurance and Self -Insurance
Trust Fund).
22.
AUTHORIZE MANAGER TO ENTER INTO
R 92-455
GRIEVANCE SETTLEMENT WITH FRATERNAL
7/9/92
ORDER OF POLICE (FOP), LODGE NO. 20
($62,724.44) (FRATERNAL ORDER OF POLICE
HEALTH TRUST) -- ALLOCATE FUNDS (from
Group Insurance Trust Fund).
23.
CLAIM SETTLEMENT: JESSICA N. BURROLA
R 92-456
($40,000)
7/9/92
24.
DISCUSS AND DEFER (TO JULY 16TH
DISCUSSION
MEETING) CONSIDERATION OF PROPOSED
7/9/92
CLAIM SETTLEMENT WITH JOAN LINDA TYREE,
AS PERSONAL REPRESENTATIVE OF TODD
OLIVER ESTATE ($96,500).
25. JUDGMENT SETTLEMENT: APPEL AND BROWN, R 92-457
AS TRUSTEES OF NADINE MARIA BURLEY 7/9/92
($52,840.59) (CIRCUIT COURT CASE NO.
89-12476 CA 23) -- COMMISSIONER PLUMMER
REQUESTS FULL ACCOUNTING PRIOR TO
DISBURSEMENT.
26. DISCUSS AND CONTINUE (TO JULY 16TH) DISCUSSION
CONSIDERATION OF PROPOSED RESOLUTION 7/9/92
AUTHORIZING MANAGER TO SUBMIT 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.
285-287
287-289
289-290
291-294
294-300
300-305
11
27. EMERGENCY ORDINANCE: AMEND 10934,
WHICH ESTABLISHED RESOURCES /
APPROPRIATIONS FOR SPECIAL REVENUE
FUND: DRUG FREE NEIGHBORHOOD TASK
FORCE -- PROVIDE FOR $45,450 INCREASE
AS A RESULT OF SUCCESSFUL APPLICATION
FOR GRANT FUNDS (from U.S. Justice
Department through Metropolitan Dade
County).
28. FIRST READING ORDINANCE: AMEND 10840,
WHICH ESTABLISHED INITIAL
APPROPRIATIONS FOR THE COCONUT GROVE
SPECIAL EVENTS DISTRICT FUND - FY '90-
91 -- PROVIDE FOR $42,000 INCREASE AS A
RESULT OF SUCCESSFUL COLLECTION OF
DISTRICT SUPPLEMENTARY USER FEES.
29. FIRST READING ORDINANCE: AMEND CODE
CHAPTER 54-17 -- EXTEND DEADLINE FOR
DEPOSIT OF FUNDS NECESSARY FOR
CONSTRUCTION OF WALLS ACROSS NATOMA
STREET, TA-LU-GA DRIVE AND ALATKA
STREET.
30. APPOINT CHAIRPERSON OF THE BAYFRONT
PARK MANAGEMENT TRUST, DESIGNATE
MEMBERS TO SERVE AS OFFICERS OF THE
TRUST, AND APPOINT / REAPPOINT
INDIVIDUALS TO SERVE AS MEMBERS OF THE
TRUST(Reappointed were: Ghislain
Gouraige, Jr. (Chairperson), Rodney
Barreto (Vice Chairperson) , Joann
Pepper (Secretary), Matthew Schwartz
(Treasurer), Joseph Fleming, Tina
Hills, & Sheila Austin Smith, Raul D.
Tercilla, Athalie Range. Appointed
were: Thorn Grafton, Mike Sullivan, &
Dewey W. Knight III.)
E.
ORDINANCE
10992
7/9/92
ORDINANCE
FIRST READING
7/9/92
ORDINANCE
FIRST READING
7/9/92
R 92-458
7/9/92
305-306
306-307
308-310
310-311
Ll
31. (Continued Discussion) AUTHORIZE
MANAGER TO FUND DESIGNATED NEIGHBORHOOD
ECONOMIC DEVELOPMENT ORGANIZATIONS
UNTIL SEPTEMBER LOTH, USING 18TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG), AS FOLLOWS: (1) ALLAPATTAH
BUSINESS DEVELOPMENT, (2) COCONUT GROVE
LOCAL DEVELOPMENT CORPORATION, (3)
DOWNTOWN MIAMI BUSINESS ASSOCIATION,
(4) EDGEWATER ECONOMIC DEVELOPMENT
CORPORATION, (5) HAITIAN TASK FORCE,
(6) LATIN QUARTER ASSOCIATION, (7)
LITTLE HAVANA DEVELOPMENT AUTHORITY,
(8) MARTIN LUTHER KING ECONOMIC
DEVELOPMENT CORPORATION, (9) NEW
WASHINGTON HEIGHTS COMMUNITY
DEVELOPMENT CONFERENCE, (10) OVERTOWN
ADVISORY BOARD, (11) PARK WEST
ASSOCIATION, (12) SMALL BUSINESS
OPPORTUNITY CENTER, & (13) WYNWOOD
COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION -- EXCLUDE GREATER BISCAYNE
BOULEVARD CHAMBER OF COMMERCE (See
label 1).
32. DISCUSS AND DEFER (TO JULY 16TH
MEETING) CONSIDERATION OF PROPOSED
RESOLUTION AUTHORIZING MANAGER TO
EXECUTE AGREEMENT WITH LEISURE
MANAGEMENT MIAMI, INC. (LMM) TO OPERATE
AND MANAGE THE JAMES L. KNIGHT
CONVENTION CENTER (OCTOBER 1, 1992 -
SEPTEMBER 30, 1997).
33. DISCUSS AND MOMENTARILY TABLE
CONSIDERATION OF PROPOSED PROFESSIONAL
SERVICES AGREEMENT WITH PEAT MARWICK
MAIN AND COMPANY, CERTIFIED PUBLIC
ACCOUNTANTS, WITH PARTICIPATION OF GRAU
AND COMPANY -- TO ANALYZE FINANCIAL
VIABILITY OF PROPOSALS IN RESPONSE
TO RFP FOR UNIFIED DEVELOPMENT PROJECT
(UDP) ON CITY -OWNED PROPERTY ALONG S.W.
NORTH RIVER DRIVE BETWEEN S.W. 2 AND 3
STREETS (See label 35).
11
R 92-459
7/9/92
DISCUSSION
7/9/92
DISCUSSION
7/9/92
312-327
327-328
328-337
34. DISCUSSION CONCERNING PROPOSED
RESOLUTION TO AUTHORIZE INCREASE
($25,000) IN CONTRACT WITH URBAN
CONSTRUCTORS, INC. -- FOR CURTIS PARK
REDEVELOPMENT - FIELDWORK PROJECT
(SECOND BIDDING) B-2983-H (GIP
3313353) -- REQUEST ADMINISTRATION TO
REPORT BACK ON ALLEGATIONS THAT URBAN
CONTRACTORS HAS NOT PAID THEIR
SUBCONTRACTORS.
35. (Continued Discussion) CONCERNING
PROFESSIONAL SERVICES AGREEMENT WITH
PEAT MARWICK MAIN AND COMPANY,
CERTIFIED PUBLIC ACCOUNTANTS, WITH
PARTICIPATION OF GRAU AND COMPANY -- TO
ANALYZE FINANCIAL VIABILITY OF
PROPOSALS IN RESPONSE TO RFP FOR
UNIFIED DEVELOPMENT PROJECT (UDP) ON
CITY -OWNED PROPERTY ALONG S.W. NORTH
RIVER DRIVE BETWEEN S.W. 2 AND 3
STREETS (See label 33).
36. AUTHORIZE MANAGER TO ACCEPT A HOME
INVESTMENT PARTNERSHIPS PROGRAM GRANT
(HOME PROGRAM) OF $5,314,000 FROM U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) -- TO STIMULATE
DEVELOPMENT AND CONSERVATION OF HOUSING
AFFORDABLE TO LOW AND VERY LOW INCOME
FAMILIES / INDIVIDUALS -- AUTHORIZE
MANAGER TO IMPLEMENT HOME PROGRAM
GUIDELINES AND EXECUTE NECESSARY
AGREEMENTS.
37. EMERGENCY ORDINANCE: ESTABLISH SPECIAL
REVENUE FUND: FEDERAL HOME INVESTMENT
PARTNERSHIPS GRANT PROGRAM (FIRST
YEAR) -- APPROPRIATE $5,314,000, AS
APPROVED BY DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD).
C7
DISCUSSION
7/9/92
M 92-460
7/9/92
R 92-461
7/9192
ORDINANCE
10993
7/9/92
337
338-339
339-345
346-348
38.
DISCUSS AND DEFER (TO SEPTEMBER LOTH
DISCUSSION 349-355 =
MEETING) CONSIDERATION OF PROPOSED
7/9/92
RESOLUTION TO AUTHORIZE MANAGER TO
EXECUTE AGREEMENTS WITH 9 NEIGHBORHOOD
BASED HOUSING COMMUNITY DEVELOPMENT
CORPORATIONS: (1) ALLAPATTAH BUSINESS
_
DEVELOPMENT AUTHORITY, (2) CODEC, (3)
_
LITTLE HAITI HOUSING ASSOCIATION, (4)
_
EAST LITTLE HAVANA COMMUNITY
DEVELOPMENT CORPORATION, (5) FLORIDA
-
HOUSING COOPERATIVE, (6) GREATER MIAMI
NEIGHBORHOODS, (7) ST. JOHN COMMUNITY
=_
DEVELOPMENT CORPORATION, (8) TACOLCY
ECONOMIC DEVELOPMENT CORPORATION, AND
-
(9) WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION -- TO UNDERTAKE
-
ACTIVITIES TO STIMULATE DEVELOPMENT OF
-
HOUSING AFFORDABLE TO LOW AND MODERATE
-
_
INCOME FAMILIES / INDIVIDUALS, WITH
FUNDING FROM 18TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FUNDS.
39.
AUTHORIZE ISSUANCE OF GENERAL
R 92-462 355-358 v
OBLIGATION BONDS, SERIES 1992 IN
7/9/92 =
AGGREGATE PRINCIPAL AMOUNT OF
$10,000,000 -- TO PAY COST OF CERTAIN
-
STORM SEWER IMPROVEMENTS.
40.
FIRST READING ORDINANCE: AMEND
ORDINANCE 359-360
=_
10938 -- ESTABLISH NEW PROJECT:
FIRST READING
PRELIMINARY GENERAL OBLIGATION BOND
7/9/92 �-
EXPENSES - 1992 (CIP 311028) --
v
APPROPRIATE FUNDS FROM 1984 STORM SEWER
-
GENERAL OBLIGATION BOND PROCEEDS.
-
=_ 41.
AUTHORIZE PURCHASE OF ONE RESCUE
R 92-463 360-361
VEHICLE (UNDER EXISTING CITY OF HIALEAH
7/9/92
=
BID NO. 91-057) -- FROM SOUTHERN
AMBULANCE BUILDERS.
--
42.
DISCUSS AND DEFER (TO NEXT MEETING)
DISCUSSION 362
CONSIDERATION OF PROPOSED RESOLUTION TO
7/9/92 i
ACCEPT BID OF SAULSBURY FIRE EQUIPMENT
-
CORPORATION -- FOR ONE FOAM PUMPER
-_
APPARATUS.
43. (A) APPROVE CHIEF PROCUREMENT OFFICER'S R 92-464 363-366 E
DECISION TO UPHOLD PROTEST OF FRANK J. 7/9/92
MORAN, INC., IN CONNECTION WITH BID NO.
91-92-044, TO REPLACE 60 UPS BATTERIES
LOCATED IN POLICE DEPARTMENT.
(B) GRANT REQUEST BY RON WILLIAMS --
AUTHORIZE HIM TO AWARD ABOVE BID FOR
BATTERIES IN AUGUST.
44. APPROVE CHIEF PROCUREMENT OFFICER'S R 92-465 366
DECISION TO REJECT PROTEST OF CBG, 7/9/92
INC., IN CONNECTION WITH BID NO. 91-92-
006, TO PROVIDE ASBESTOS REMOVAL
SERVICES.
45. APPROVE CHIEF PROCUREMENT OFFICER'S R 92-466 367-368
DECISION TO REJECT PROTEST OF MET 7/9/92
CONSTRUCTION, INC., IN CONNECTION WITH
BID NO. 91-92-0699 ORANGE BOWL
MODERNIZATION PROJECT, PHASE II SEAT
REPLACEMENT.
46. DISCUSS AND DEFER (TO JULY 16TH M 92-467 368-370
MEETING) CONSIDERATION OF PROPOSED 7/9/92
RESOLUTION ACCEPTING BID OF MAS GROUP,
INC. (D/B/A NEFF MACHINERY), FOR
PURCHASE OF 6 RUBBISH PICKUP CRANES, IN
ORDER TO HEAR PROTEST AND HAVE
RECOMMENDATION FROM ADMINISTRATION
(Department of General Services
Administration and Solid Waste / Fleet
Management Division).
47. ACCEPT BID: FECON, INC. -- FOR R 92-468 371-377
PURCHASE OF ONE INDUSTRIAL YARD WASTE 7/9/92
PROCESSOR (Department of General
Services Administration and Solid
Waste) .
48. BRIEFLY DISCUSS AND DEFER (TO JULY 16TH
MEETING) CONSIDERATION OF PROPOSED
RESOLUTION TO APPROVE FINDINGS OF
SELECTION COMMITTEE AS TO MOST
QUALIFIED FIRM TO PROVIDE DESIGN /
CONSTRUCTION I ACCEPTANCE TEST /
FINANCE, AND OWNER / OPERATION OF A
SOLID WASTE PROCESSING FACILITY --
REQUEST REPORT FROM ADMINISTRATION
ASSESSING COSTS / BENEFITS ASSOCIATED
WITH A CITY -OPERATED 100% CURBSIDE
RECYCLING PROGRAM AS COMPARED TO A
PRIVATE CONTRACTOR OPERATION -- DIRECT
MANAGER AND ATTORNEY TO DISASSOCIATE
CITY FROM DADE COUNTY IN CONNECTION
WITH THIS ISSUE.
49. GRANT REQUEST BY MIAMI WHEELERS FOR
CLOSURE OF DESIGNATED STREETS
CONCERNING NATIONAL CYCLE LEAGUE TITLE
RACE.
50. (A) PERSONAL APPEARANCE BY
REPRESENTATIVE LUIS MORSE INFORMING THE
COMMISSION ABOUT SUCCESSFUL EFFORTS TO
OBTAIN FUNDS FOR PUBLIC HEALTH CLINICS
IN OVERTOWN AND LITTLE HAVANA.
(8) BRIEF COMMENTS BY COMMISSIONER
DAWKINS CONCERNING HIS INTENTION TO
SEEK A WAY TO END THE METRO-DADE COUNTY
HOME RULE CHARTER.
51. DELEGATE CERTAIN COMPETITIVE BIDDING
FUNCTIONS TO THE DOWNTOWN DEVELOPMENT
AUTHORITY (DDA) BY AUTHORIZING THEM TO
ISSUE A REQUEST FOR PROPOSALS (RFP) FOR
PROVISION OF ARMED PRIVATE SECURITY
SERVICES IN DOWNTOWN AREA -- AUTHORIZE
ESTABLISHMENT OF SELECTION COMMITTEE.
52. BRIEF DISCUSSION CONCERNING
CONSIDERATION OF PROPOSED RESOLUTION
WAIVING CITY CODE PROHIBITION (SECTION
2-302) AS IT APPLIES TO ARLINGTON L.
AND LILLIE L. DEAN, PARENTS OF A CITY
LAW DEPARTMENT EMPLOYEE -- NO ACTION
TAKEN.
11
R 92-469
M 92-470
7/9/92
DISCUSSION
7/9/92
R 92-471
7/9/92
DISCUSSION
7/9/92
377-401
401-402
403-404
404-405
53. CLAIM SETTLEMENT: EUGENE RUBIN R 92-472 405-407
($500,000). 7/9/92
E
1-1
54. RECONFIRM RESOLUTION 89-548, WHICH R 92-473 409
ESTABLISHED THE FLAGLER/CORE AREA 7/9/92
SECURITY DISTRICT SPECIAL IMPROVEMENT
DISTRICT -- EXTEND SECURITY, STREET
MAINTENANCE AND SIMILAR SERVICES
THROUGH MARCH 7, 1993 -- ESTABLISH /
LEVY SPECIAL ASSESSMENTS AGAINST
PROPERTIES IN SAID DISTRICT -- EXTEND
POLICE RANGER PROGRAM THROUGH SEPTEMBER
30, 1992, THEREAFTER TO BE REPLACED BY
AN ARMED PRIVATE SECURITY SERVICE.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 9th day of July, 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 9:08 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor Alonso led
those present in a pledge of allegiance to the flag.
----------------------------------------------------------
NOTE FOR THE RECORD: On a motion duly made by Vice Mayor
Alonso and seconded by Commissioner Be Yurre, the minutes
of Commission meetings of April 30 and May 7, 1992, were
approved by the Commission.
----------------------------------------------------------
1 July 9, 1992
1. BRIEF DISCUSSION CONCERNING RECENT LETTER FROM U.S. HUD HIGHLY CRITICAL
OF CITY'S ALLOCATION OF GRANT MONIES TO CBOs (See label 31).
Commissioner Dawkins; Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner Plummer: I guess all of you, like myself, received this morning,
from the Department of Housing and Urban Development, this, obviously,
according to what I read a very critical document of the City's operation of
the grant funds. Did you all see your copy this morning?
Vice Mayor Alonso: I don't see it.
Mayor Suarez: No. Sort of...
Commissioner Plummer: Mr. Manager...
Mayor Suarez: ...superficial briefing from one of my aides, but I didn't see
It.
Commissioner Plummer: Mr. Manager this document, US HUD (United States
Housing and Urban Development) Monitoring Report, which they find that is
critical, and the City is going to respond. My problem, Mr. Mayor, is the
fact that we are going to be dealing with this in the CBOs (Community Based
Organizations), I assume, today. This document, as thick as it is, and I
don't know how many pages it is, but I am going to guess that it is 30 to 35
pages, was given to us on July the Bth. I think that was yesterday. And here
we are today supposedly going to be talking about the CEOs, and this, I am
assuming, contains critical analysis of what the City is doing, and the City
received this report on June the 19th. That is over 20 days ago that the City
has had this document. We have not seen it. We are going to be asked to
vote, and I am going to be honest with you and tell you and my colleagues, no
way I can vote on this, and there is no way I am going to vote on a document
which the City states is critical of the City's way of handling things. They
say they are going to refute it, and they are going to argue. But I want to
know where in the hell is the breakdown that I get it the day before a
Commission Meeting where this is to be decided, and it was received by
Community Development on June the 19th.
Mayor Suarez: Well, was it expected to be acted on today?
Mr. Cesar Odio (City Manager): No, it is not.
Commissioner Plummer: Sir, excuse me, no. Not this document,...
Mr. Odio: No, it is not.
Commissioner Plummer: ...but we are acting on CBOs today.
2 July 9, 1992
11
Mayor Suarez: Is it the home funds by any chance?
Commissioner Plummer: It is on the agenda.
Mayor Suarez: Is that what that is?
Ll
Mr. Odio: Let me tell you what happened, Commissioner.
Commissioner Plummer: Surely.
Mayor Suarez: What is it? What is it about? What is the big deal?
Commissioner Plummer: I don't know other than it says that it is negative.
Mayor Suarez: Is it the home funds? No.
Mr. Odio: Every year HUD comes down and revues all the CDBG (Community
Development Block Grant) operations.
Mayor Suarez: Oh. It is the...
Mr. Odio: It is the regular inspection. The reason I sent it to you
yesterday, and I had not before, is because I didn't want to confuse the
issue. We normally get this type of report. We go up there. We argue about
it, and get them all changed. I didn't want... But I heard from somebody,
from the community, that had a copy of the report and I told Frank yesterday,
you better get a copy to the Commissioners. I had talked to... Commissioner
Alonso had... Vice Mayor Alonso had said she was going to Washington, July
21st, and Frank had to go up there. I said it would be good if Frank can
accompany you and see if you can get in to see somebody higher than
Jacksonville, and tell them they are crazy. They are saying things there that
have been going on for years and years and years, and we need to... we also
have to go up there and refute it. That is all.
Commissioner Plummer: My question, Mr. Manager...
Mr. Odio: I would suggest that you fund the CBOs as you normally have in the
past.
Commissioner Plummer: No, sir. Absolutely not...
Mr. Odio: Well, that is your...
Commissioner Plummer: ...and that is why it has been deferred to this
meeting. Because of Community Development standing up telling this Commission
in the last report which we had, that some of those CBOs were not worth a
damn, but you the City Commission told us to do it politically, and that is
why it was deferred until this meeting. OK? When we saw that report at the
last meeting, and I said to you, sir, on the record, Mr. Manager, after
reading this report you are recommending that I fund these CBOs with this kind
of report?
Mr. Odio: Yes.
3 July 9, 1992
Commissioner Plummer: It is stupid.
Mr. Odio: And I am recommending the same today, and I will say that...
Commissioner Plummer: No, sir. You will not get my vote...
Mr. Odio: Commissioner...
Commissioner Plummer: ...until I have had...
Mayor Suarez: All right. We will take that up at that time.
Commissioner Plummer: Until I have had time to read this document...
Mayor Suarez: What item is it that would approve any funding for any CBOs?
It is an afternoon item?
Commissioner Dawkins: Um hum, oh, yes.
Commissioner Plummer: Mr. Mayor,...
Mayor Suarez: Yes.
Commissioner Plummer: ...from the Manager's memo just let me read the bottom
line. "And the findings pertaining to funding of Community Based
Organizations are negative and critical." And yet the Administration...
Mr. Odio: As they always have been.
Commissioner Plummer: ...is asking me...
Mr. Odio: Yes.
Commissioner Plummer: ...to vote without reading this report on what 1s
negative and critical, I think is absolutely hog wash.
Mayor Suarez: All right. I think it is a good...
Commissioner Plummer: Take it up when it is there.
Mayor Suarez: ...warning for the rest of us to be as acquainted with that as
we possibly can for...
Commissioner Plummer: How?
Mayor Suarez: ...the afternoon discussion of that item.
Commissioner Plummer: How? How are you going to read it before the item
comes up?
Mayor Suarez: Well, it is better to have known now that it might come up this
afternoon than not,...
Commissioner Plummer: OK.
4 July 9, 1992
Mayor Suarez: ...and that is what I am saying about your comments, otherwise
if you want to take them all back and just sort of give up on the issue that
is all right too. Commissioner Dawkins.
Commissioner Dawkins: I don't understand why we are sitting up here taking
valuable time for nothing.
Mayor Suarez: That is sort of...
Commissioner Dawkins: If Commissioner...
Mayor Suarez: ...a more blunt way...
Commissioner Dawkins: If Commissioner Plummer...
Mayor Suarez: ...of saying what I was trying to say in a more subtle way.
Commissioner Dawkins: If Commissioner Plummer wants to defer this, make the
motion. If he doesn't want to defer it, leave it until this afternoon and we
go through this whatever it is. But if he feels that he has not had the
information in hand long enough to make an intelligent decision on it, then do
what we do, vote to continue it until the next meeting,...
Commissioner Plummer: I shall...
Commissioner Dawkins: ...which will be November, December, January or
February. Don't make no difference to me.
Commissioner Plummer: I shall at the time, Commissioner.
Mayor Suarez: All right. Thank you. And we are forewarned that maybe we
should be looking at that as much as possible to make that decision,
Commissioner Plumper. Thank you. Folks, I believe the first item of
business, if I am not mistaken, is, in fact, the deployment hearing, or have
or stuck in some consent agenda ahead of that, Mr. Manager?
2. BRIEF COMMENTS CONCERNING OPENING OF SEALED BALLOTS IN CONNECTION WITH
OPERATION OF ELDERLY SERVICES PROGRAM IN WYNWOOD TARGET AREA (See labels
5 & 9)
-----------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, according to my item it is the opening of
the sealed ballots is the next item on the...
Mayor Suarez: Please let's do that, Madam City Clerk.
Ms. Matty Hirai: Mr. Mayor, I just spoke to Frank Castaneda and the ballot
box has been kept in our office under lock and key, and he is awaiting the
arrival of a representative of each group. At that point it will go to the
City Manager's conference room, count the ballots, and inform the
Commissioners of the results.
5 July 9, 1992
Commissioner Plummer: That is absolutely not what we asked for. We asked...
Mayor Suarez: I don't think that is what we...
Commissioner Plummer: ...you to do it at this Commission Meeting, not someone
else. We asked the Clerk to do it to keep out any possible interference
whatsoever.
Ms. Hirai: Which is why we had thought that if one member of each group was
present...
Commissioner Plummer: Excuse me.
Ms. Hirai: We will do it.
Commissioner Plummer: Madam Clerk.
Ms. Hirai: Yeah.
Commissioner Plummer: Madam Clerk you don't have that prerogative of thinking
what you want to think. You have the prerogative of doing what this
Commission asked you to do, and it was my understanding, and if the minutes
correct me and I am wrong, I'll so be corrected, but it was to be brought here
by you.
Ms. Hirai: Yes. This decision that we came to was after talking to you,
Commissioner Plummer, and we had thought that... You told me it is good to
wait until the same day to avoid any problem...
Commissioner Plummer: That is correct.
Ms. Hirai: ...between them, but as to taking the Commission's time we will be
happy to do it any place you deem, Mr. Commissioner.
Vice Mayor Alonso: But they held the elections what day?
Ms. Hirai: They held the election the Monday that the...
Commissioner Plummer: The Monday afterwards.
Ms. Hirai: ...Commission directed them to hold the election, but the ballot
was sealed that day, and Commissioner Plummer suggested that it be opened
today. Now it is going to take considerable time, and we spoke on the phone
and he felt that in order not to take the Commission's time, perhaps, we could
have done it in front of the two groups. But we can do it here right now if
that is what you wish.
Vice Mayor Alonso: Yeah. It is going to be rather confusing here, opening
all of these ballots. How many people they say it was? A hundred and some.
Ms. Hirai: A hundred and some, yes.
6 July 9, 1992
Commissioner Dawkins: I am at a loss. Wasn't the instructions from this
Commission to hold the election, seal the ballots, and bring them here and
open them?
Commissioner Plummer: That is correct.
Vice Mayor Alonso: Yes. That was it. That is what we have in the agenda.
Commissioner Dawkins: Was not that. Was not that
Ms. Hirai: Yes.
Commissioner Dawkins: Where are the sealed ballots?
Ms. Hirai: The sealed box is in our office.
Commissioner Dawkins: Ma'am?
Ms. Hirai: It is 1n our office under lock and key.
Mayor Suarez: Why don't we do a nice little presentation for this Commission,
Madam City Clerk. Have them brought here so we can all see them, as per our
instructions that they...
Ms. Hirai: Yes, sir.
Mayor Suarez: Please.
Vice Mayor Alonso: And I suppose they are in a sealed box when they arrive...
Commissioner Plummer: A mayonnaise jar.
Mayor Suarez: Hopefully they are still sealed. Very good.
3. BRIEF COMMENTS CONCERNING POLICE DEPLOYMENT (See labels 6 & 8).
Mayor Suarez: Then back to item 1, police deployment. Mr. Manager...
Commissioner Dawkins: Hold it.
Mayor Suarez: Yes.
Commissioner Dawkins: You moved the consent agenda item already?
Commissioner Plummer: That is after...
Vice Mayor Alonso: No. No, no.
Mayor Suarez: No. It is after.
7 July 9, 1992
Commissioner Dawkins: OK.
Mayor Suarez: We are trying to give priority here to an item that we had
pending for many...
Commissioner Dawkins: OK. Thank you, Mr. Mayor.
Mayor Suarez: Very good.
Commissioner Dawkins: OK.
Mayor Suarez: City Manager, do you want to make any, certainly, brief
preliminary report, and the Commissioners may want to comment...
Mr. Odio: Yes, sir.
Mayor Suarez: and hear from the general public.
Mr. Odio: May I ask... I may have to ask if you could take the consent
agenda. The Chief was caught up in a traffic jam, and he just called that he
is almost here.
Mayor Suarez: Could you, in the meantime...
Commissioner Dawkins: Hold it, hold it, hold itl We start at nine o'clock in
the morning. You have a police chief who you have ordered to be here, and at
nine twenty in the morning the Police Chief calls and says he is tied up in
traffic.
Mr. Odio: Yes, sir.
Commissioner Dawkins: OK. Well I... When evaluation comes, I'll hold that
against your management skills. Because...
Mr. Odio: I understand.
Commissioner Dawkins: ..if you can't have a man here when he is supposed to
be here, I'll definitely hold that against you.
Mr. Odio: Yes, I will, among other things.
Mayor Suarez: Mr. Manager, in connection with the issue of not having the
Chief, could you introduce all of the high level police officers who are here.
I see some in civilian clothing, some in uniform and we ought to know who they
are.
Mr. Odio: I have Chief Raul Martinez and Major Don Warshaw, Major Washington,
Chief Arnold Gibbs and Lieutenant Joe Longueira. Who else is here? Nancy
0lon, in charge of central.
Mayor Suarez: Well, give us ranks please. Give us ranks.
Vice Mayor Alonso: But can we start?
8 July 9, 1992
Mr. Odio: Major Nancy Olon in charge of Central, Chief Don March, and Chief
Ross just walked in. You just cost me a salary increase, Chief.
Mayor Suarez: Chief, we are going to dock twenty minutes from your pay for
late arrival. We actually haven't done a heck of a lot in the first twenty
minutes, so.
Commissioner De Yurre: Mr. Mayor...
Commissioner Dawkins: I would rather we increase his pay for the twenty
minutes.
Mayor Suarez: All right.
Commissioner Dawkins: You have just been awarded advanced pay for being
twenty minutes late.
Chief Ross: Thank you.
Commissioner De Yurre: From next year's budget.
Commissioner Dawkins: No. Yeah. No. Yeah. No. From this year's budget.
Mayor Suarez: From Commissioner Dawkin's budget.
(AT THIS POINT, CONSIDERATION OF THIS ITEM WAS
MOMENTARILY TABLED.)
---------------------------- ---------------------------------------------- ---
4. INTRODUCE RESOLUTION URGING AND SUPPORTING NOMINATION OF THE MORNINGSIDE
HISTORIC DISTRICT TO THE NATIONAL REGISTER OF HISTORIC PLACES.
------------------------------------------------------------------------------
Commissioner De Yurre: Mr. Mayor,...
Mayor Suarez: Yes, Commissioner De Yurre.
Commissioner De Yurre: ...if I may, before we get into this. We have a
group here from the Morningside neighborhood and I would like to propose this
resolution. Resolution supporting the nomination of the Morningside Historic
District to the National Register of Historic Places, which is taking place at
this point in time, lending support to their nomination.
Mayor Suarez: The first historic district in the City of Miami, that makes
eminently good sense. Anybody have any problem with that?
Vice Mayor Alonso: Not at all.
Commissioner Plummer: Yeah. Give it to the Mayor.
Mayor Suarez: If not, we will accept a second.
9 July 9, 1992
1 0 #
Commissioner Plummer: I don't know who he designates to do it, but have it
here. She has got the box for the ballots.
Mayor Suarez: You got the box? I guess we all wanted to see it, Madam City
Clerk. We have motion. Do we have a second?
Commissioner Dawkins: Second.
Mayor Suarez: Second. Thank you. Call the roll on that motion.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-427
A RESOLUTION SUPPORTING THE NOMINATION OF THE
MORNINGSIDE HISTORIC DISTRICT TO THE NATIONAL REGISTER
OF HISTORIC PLACES; AND DIRECTING THE CITY MANAGER TO
INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF PLANNING,
BUILDING AND ZONING TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE HEREIN NAMED 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.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
10 July 9, 1992
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5. DISCUSS AND MOMENTARILY TABLE CONSIDERATION OF THE RECENTLY -HELD DE
HOSTOS / HOLY CROSS ELECTION FOR MANAGEMENT OF THE SENIOR CENTER, AND
ALLEGATIONS OF WRONGDOING ON THE PART OF THE PRIOR DIRECTOR FOR THE DE
HOSTOS SENIOR CENTER (See labels 2 & 9)
------------------------------------------------------------------------------
Mayor Suarez: Folks,...
Commissioner Plummer: Funk & Wagnall's.
Mayor Suarez: ...we have been telling you this is in your face democracy,
here at City Hall, and here is another example of it. The ballot box for the
dispute over who the De Hostos Senior Center elderly want to be their union,
that is to say, their board, and here it is. I think 1t is sealed. I am not
an expert in these matters, Madam City Clerk, but it looks like it is sealed.
J. L., you have been doing this for a long time, you should know whether this
looks...
Commissioner Plummer: Air tight, water tight...
Mayor Suarez: Air tight, water tight...
Commissioner Plummer: Like a casket.
Mayor Suarez: You could say that about the heads of some of the people around
here.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: I would suggest that someone from the clerk's office
and Frank go right down here, set up a table, and to count the ballots. I
have to ask a question. Mr. Manager.
Mayor Suarez: I like that. I like the idea of doing it out...
Commissioner Plummer: That is it.
Mayor Suarez: If there is no problem here. Doing it out in a public
place,....
Commissioner Plummer: That is right.
Mayor Suarez: ...but under control, please. Don't let anybody touch or get
anywhere near these. We have had that in a prior State legislative election.
I am sorry, Commissioner, I interrupted you.
Commissioner Plummer: Mr. Manager, I assume you received a copy of what, I
think, all of the Commission received in reference to a named individual
involved in this...
11 July 9, 1992
Mr. Odio: I don't know what you are talking about.
Commissioner Plummer: Well, I am trying to not mention names.
Vice Mayor Alonso: Yes.
Commissioner Plummer: All right. Did you receive a copy making allegations
about...
Mr. Odio: Oh.
Commissioner Plummer: ...an individual.
Mr. Odio: Yes, I did.
Commissioner Plummer: Have you gone into that and verified that it is hog
wash, that it is the truth, that you were unable to determine... I think it
is important for this Commission to know that, I think, in some cases the
accusations made were, I think, serious. Any kind of manipulations of funds
or accused... Have you had the opportunity, sir, to look into that matter?
Did you took into that matter, and are you ready to report to this Commission
your findings?
Mr. Odio: Frank Castaneda has a report on that.
Commissioner Plummer: On that document?
Mr. Odio: Yes.
Commissioner Plummer: OK. Fine. Thank you.
Mayor Suarez: Vary good.
Commissioner Plummer: I am assuming, Frank, you will make that at the time
that you announce the ballot. [INAUDIBLE RESPONSE] Thank you, sir. Mr.
Mayor, excuse me. I think it would be important that he make that
announcement prior to the ballot. You are aware of what I am talking about?
The document.
Mayor Suarez: I believe so, yes.
Commissioner Plummer: OK. Because, I mean, it is some heavy accusations that
are made there.
Mayor Suarez: And you want the Manager to make the announcement?
Commissioner Plummer: No, sir. I think he has said that Frank has gone into
the document. Didn't you get a copy...
Mayor Suarez: I have gotten tons...
Vice Mayor Alonso: Yes, yes.
12 July 9, 1992
Commissioner Plummer: ...of the document about him selling the food...
Vice Mayor Alonso: As a matter of fact...
Mayor Suarez: Yes.
Commissioner Plummer: ...and putting the money... —
Commissioner De Yurre: Is this real secret stuff, J. L.? Like real secret
stuff that we have no idea of what you are talking about?
Commissioner Plummer: You got a copy, sir. We all...
Commissioner De Yurre: What does it say?
Commissioner Plummer: ...I assumed. I said that. I assumed we all got a
copy of a letter from an individual, and also an affidavit...
Commissioner De Yurre: Well, isn't that public record now? If we received
something. =
Commissioner Plummer: It could be. Yes, sir.
Commissioner De Yurre: Yeah. So we might as well talk... You know.
Commissioner Plummer: All right, sir. I am asking... Had the Manager gone
into it... I thought that was the most diplomatic way of handling it without
mentioning names.
Mayor Suarez: Do you want any kind of a statement on the record at this
point, or...
Commissioner Plummer: Prior to that I think being open should be made.
Mayor Suarez: I believe he has stated very generally that he is satisfied,...
Commissioner Plummer: OK.
Mayor Suarez: ...and that the matter has been fully investigated to the
extent of our powers.
Commissioner Plummer: They are accusing the guy of selling the cheese and the
food products. This letter that we received.
Mayor Suarez: By the way, Mr. Manager. On the issue of...
Commissioner Plummer: Also an affidavit that he took money every week from
the group collection.
Mayor Suarez: ...allegations that imply any kind of illegal activity, we
refer it to the State Attorney.
Mr. Odio: I don't think we should get involved in that at all, to tell you
the truth.
13 July 9, 1992
Mayor Suarez: Absolutely. J. L.,...
Commissioner Plummer: Mr. Mayor, I don't think we should get...
Mayor Suarez: ...after some of the allegations that I have heard about and
read about, some of them we simply refer to the State Attorney.
Commissioner Plummer: Sir, my problem is this. Maybe it is not a problem,
and you explain to me if I am wrong. The accusations made are against the
former director.
Mr. Odio: Well, I think the way to handle this...
Commissioner Plummer: May I finish, sir?
Mr. Odio: Oh, I am sorry.
Mayor Suarez: Against Mr. William Morales.
Commissioner Plummer: The man supposedly, according to this letter that was
received, and an affidavit that was attached to the letter, that the man was
getting food, and selling food. That the man was taking money from the group
collection every week for years. Now those are heavy accusations, whereas if
this ballot comes out that that is who they want to have there, we are faced
with saying, we are going to do what the ballot asked for, and appoint a man
who these accusations have been made against. That is why I asked, prior to
the announcement of the ballot, was, in fact, the Administration gone into
this matter, and either says that it is hog wash, that there is no basis to
it. I think they have a responsibility to this Commission to inform us that
they have looked into it, there is no basis, there 1s a basis, before we make
a decision. That is all I am saying.
Mayor Suarez: I believe that is correct. I think if the ballots, having been
counted, indicate that the board, that presumably would appoint, again, Mr.
_ Morales, is the one that has got the most votes, certainly, in that scenario,
we ought to, before we allocate any monies to that particular group, say that
this matter has to be first cleared up with the City Manager, who has
preliminarily said that he is not concerned about it. I mean, that he has
checked it out, but, secondly, we should fully investigate it with our Police
Department, and have the State Attorney be advised of it, before any funds are
disbursed to that new agency.
Commissioner Plummer: Or any designated group, is in effect, designated.
=, That is my concern.
Mayor Suarez: If that particular group is designated. Yeah.
Vice Mayor Alonso: The investigation that was carried by the Administration.
— Did ,you find anything of concern? I recall that the information given to us
it was that you did not find any impropriety. Did you not?
Mr. Odio: I have the City Attorney looking at this now. Before I make any =_
comments, I would rather him tell me that we can.
14 July 9, 1992
Commissioner Plummer: We] I, that is when I got called on the carpet, saying
it is a public document, you can make any comments you want.
Vice Mayor Alonso: What have they told Ms. Quintana that she is so upset?
Mayor Suarez: All right. Anything further that you need on that. We are not
taking any decisions. We are not allocating monies to anybody. We don't know
who has got the most votes. Vice Mayor Alonso.
Vice Mayor Alonso: I think Ms. Quintana has been given information that she
seems to be very upset. I don't think she understands.
Mayor Suarez: Yes, Ms. Quintana, you are very upset about something. Believe
me, we are not acting on anything at this point. We are certainly not
agreeing with allegations. For that matter, we are not disagreeing with those
allegations. So, please ,just keep your cool. There is nothing happening
here. You don't have to be upset. In fact...
Commissioner Plummer: Well, Mr. Mayor, let's put it on the table, OK. Let's
quit beating around the bush. The Manager said Mr. Castaneda has looked into
the matter, is ready and prepared to make a report. I would like to hear that
report. Let's quit beating around the bush. You ready to make a report, sir?
Mr. Odio: I thought we were on police deployment.
Commissioner Plummer: Sir, I think this is an important matter. When
accusations are made on someone we are going to be possibly giving money to.
Now...
Mayor Suarez: I would rather not. I really... Commissioner Plummer, unless
the Commission overrules me, I want to get on to police deployment.
Commissioner Plummer: All right, sir.
Mayor Suarez: We have clarified that this matter cannot be finally acted on
today, or any other time, without a complete clearing of those charges, and
the State Attorney being advised, and the Chief...
Commissioner Plummer: Fine, sir.
Mayor Suarez: ...being aware that we ought to investigate.
Vice Mayor Alonso: Yeah. I believe that, yes, that will have to be the way
because remember it is a public hearing that has been set for three -thirty,
and if we take it at this time we might have to go over.
Mayor Suarez: I have forgotten about that. That is another interesting
point.
Commissioner Plummer: You mean a CBO (Community Based Organization).
Mayor Suarez: But I am glad you have warned us.
15 July 9, 1992
Vice Mayor Alonso: No, no, no. I am talking about...
Mayor Suarez: The allocation of the funds.
Vice Mayor Alonso: We have been talking about two things. One, the Wynwood
situation, and the letters that we received. That has been set for three -
thirty as a public hearing. If we address...
Commissioner Plummer: Oh, OK.
Vice Mayor Alonso: ...the letters that we received, we might be out of line.
Commissioner Plummer: That is fine.
Vice Mayor Alonso: So it is best to wait.
(AT THIS POINT, CONSIDERATION OF THIS ITEM WAS TABLED.
See labels 2 and 9.)
6. CONTINUED DISCUSSION CONCERNING POLICE DEPLOYMENT -- DIRECT MANAGER TO
ASCERTAIN POSSIBLE SOURCE FOR PROPOSED ADDITIONAL FUNDING ($2.2 MILLION)
FOR THE POLICE DEPARTMENT'S ANNUAL MAINTENANCE DEPLOYMENT STRATEGY (See
labels 3 b 8).
Mayor Suarez: All right, on police deployment. Chief, do you want to make
your quick preliminary report, and have Commission discussion, questions and
Input from the public, in that order please.
Commissioner Plummer: Also, for the record, I would ask the Chief to remain
for the areas of the settlement of some lawsuits so that you don't run out. I
am going to be asking a number of questions in relation to the lawsuits that
are being asked by the City Attorney to settle today. There are questions
that I need to have answered.
Chief Calvin Ross: First of all, allow me to apologize to this Commission for
being late this morning, not being here appropriately at nine o'clock. If
nothing else, I guess this certainly proves what I have been saying all along,
that is the Police Chief is human, subject to all types of frailties as we all
are, but please accept my apology at this Commission, and the citizens here of
the City of Miami, for my being late. Before we get into the total deployment
aspect of the Miami Police Department, I would like to just give a brief
overviewto give an indication as to where we are today in the Miami Police
Department, and where we are headed, and the reasons we are headed in that
direction. So, if I may, take just five to ten minutes to give you that
overview I believe it will be most informative, and will give you some
direction and a base from which to ask your questions. First, regarding the
issues that are facing the Police Department here in the City of Miami as well
as, probably, Police Departments in many other major cities. We have seen,
without a doubt, that this Police Department continuously deals with symptoms
16 July 9, 1992
of a much deeper problem, and, thus, we have resorted to being reactive.
Reactive in nature of answering calls for service. We are being reactive,
however, it is important that we take a look at the cause. So as opposed to
treating the symptoms, we can treat the cure, and thus release the police from
being reactive to do more preventive type patrols. I want to relate, just
briefly, to something that... An article that appeared in the Miami Herald
some weeks ago, and I believe it was right on point for this community and
many communities that deal with the problems such as we are facing here. The
key to crime, as sociologists and criminologists will tell you, in many of our
major urban cities has to do with poverty. The article in the Herald, and I
think it was right on point, indicated that Miami's poverty rate is fourth 1n
the nation. And we look at those areas most affected...
Mayor Suarez: Chief, excuse me for a second. We have a little diversionary
activity going on here. Would you please put those ballots and count them in
the usual place, where all the union elections are held. Right outside the
door, there. Unless anyone wants to have them counted in front of us. This
is just kind of detracting from what the Chief...
Commissioner Plummer: No. I had said that, Mr. Mayor. So I stand corrected,
or I don't want it there is fine with me...
Mayor Suarez: I was just thinking right outside the door, there, where we
usually count the union elections, if that is OK...
Commissioner Plummer: That is fine.
Mayor Suarez: ...because all this commotion here...
Vice Mayor Alonso: It is very difficult to concentrate,...
Mayor Suarez: Really.
Vice Mayor Alonso: ...and listen to the Chief...
Mayor Suarez: And I think we are OK there, Madam City Clerk...
Vice Mayor Alonso: ...and watching the ballot count.
Mayor Suarez: ...if you want to have one of your assistants be supervising it
to assure the integrity of it. That is it. You have got it. Thank you.
Sorry, Chief.
Chief Ross: Once again, the key to crime, and the rising crime, often times
is found embodied in poverty. The article in the Herald made reference to
that and I think it was very much right on point. When we look at Miami as
being fourth in the nation in terms of poverty when we consider communities of
100,000 residents plus. Liberty City which, obviously, has been the focus of
a lot of our disturbances and frustrations, as the article related to, finds
in a section of Liberty City sixty-eight percent (68%) of all of its families
living at or below the federal poverty lines. The core of Miami, which we all
know, and the article referred to, contains immigrants and inner city blacks,
many of which are living at and below the poverty line, creating frustrations
as well as resulting in crime. I believe, as I look at the cause of the
17 July 9, 1992
frustrations and the crime that are occurring in record numbers in the City of
Miami, that the federal government has abandoned its responsibility to provide
those necessary funds to this City to supplement the tax base that is
necessary to take care of new immigrants that come into this country, so that
the citizens of this City are not taxed extra to take care of the funds that
are necessary to supplement this tax base to provide services to new
immigrants, which impact on jobs and other possibilities of advancement for
those residents that are here. I believe it is very important that this
country continue to bring in those individuals from other countries that are
seeking asylum, but at the same time the federal government cannot allow us,
here in the City of Miami to shoulder the burden and, thus, water down the
services, particularly, police services that is accorded to each and every
individual. An individual sleeping in the mud and in the muck and mire under
I-395 is just as important, and is accorded the same police attention and
service as an individual living in a high-rise on Brickell or in Coconut Grove
or in Liberty City or anywhere else, and the Police Department will continue
to respond to calls for service from individuals living under 395 or anywhere
else in this City. I believe that...
Mayor Suarez: Chief, we are going to get to issues of... very concrete
issues of deployment. The sociological analysis of crime and so on is quite
interesting. I think most of your remarks would be very, very fitting in a
congressional hearing where we are trying to seek funds to help us with
immigration. By the way, I think the implication of your comments also,
folks, in case you don't know the figure. Our estimate is that we attend to
the police needs of 820,000 people, which is the daily population of the City
of Miami, which is almost more than twice the permanent population. I think
you were just sort of heading in that direction. Well, Chief, frankly, we do
need to get to issues of given those limited resources, given the demands of
immigration, the demands of poverty, the demands of homelessness, the demands
of tourism, eight and one half million people coming into Dade County last
year for overnight stays. Most of them staying in the City of Miami, as we
are always trying to convince the County, how do we deploy our police force to
meet those police needs? And that is the concrete question that our citizens
are asking and we hope that you would get to that as quickly as possible,
please.
Chief Ross: That is the issue that I am about...
Mayor Suarez: Very good.
Chief Ross: ...to relate to. In April of 1990 the Police Department was
staffed with 1108 police officers below the number necessary in order to
effectively respond to the needs for, as the Mayor stated, the 800,000 plus
service population here. That was in April 1990. Eleven hundred and eight
officers. In April of 1992 the Police Department was staffed with 1044
officers. Sixty-four officers less than we had at that time. The calls for
service from this service population has increased by four percent (4%). In
the same period of time the Miami Police Department has returned to the
streets more than 50 officers, in that period of time, between 1990 and 1992
there are more officers on the street today, in spite of the fact that we have
64 fewer officers, and more officers on the street today. Those are some of
the things that we have done, as opposed to business as usual has been stated.
We have innovatively taken officers from areas that they have been occupying,
18 July 9, 1992
internally, place them on the street in order to respond to the calls for
service.
Mayor Suarez: Well, so far that is a conclusory [sic] statement, that we want
to get into because so far what you have told us the total number of police
officers, and I presume we can use the figure of 1100, roughly, as the
benchmark that we have got now. We can't.
Chief Ross: No. We can't.
Vice Mayor Alonso: No. We can't.
Mayor Suarez: What is the present figure?
Chief Ross: Currently we have 1032.
Mayor Suarez: Al right. Let's use 1030 then. Because 1032, I am sure,
varies from month to month. But approximately 1030 police officers now.
Let's get to the Issue. How many of those are actually on the street, because
that is what people are asking themselves.
Commissioner Plummer: Mr. Mayor, be aware...
Mayor Suarez: If we say we have a 1030, I remember seeing shifts where we
have 40 and 50 officers that are patrolling. Now that is the real figure, and
if so, let's get to that. Yes, Mr. Plummer.
Commissioner Plummer: There are 23 in the academy which will boost that up to
over 1050. But you have to keep in mind is the termination rate, even though
down, is still three to four a month, that terminate for whatever reasons.
Mayor Suarez: Are we being told that the academy is not quite ready to be on
the street yet?
Chief Ross: Ten thirty-two includes the academy.
Mayor Suarez: Includes the academy. All right.
Commissioner Dawkins: Hold it, hold it, hold it, now. How many is in the
academy?
Chief Ross: Twenty-eight.
Commissioner Dawkins: Take 28 from 32, leaves 4. So you have 1004 active
policemen. See I need to know how many active policemen are on the streets.
I do not need to know that you are going to bring 28 policemen from the
academy that are not out there fighting crime.
Mayor Suarez: As of now we have a thousand, let's say.
Commissioner Plummer: You can almost figure what is in the academy is a wash.
That is...
19 July 9, 1992
Mayor Suarez: We have 1004. We are going to bring 28 more. We are going to
lose a few, but...
Commissioner Plummer: Well, it is thirteen weeks, Mr. Mayor.
Vice Mayor Alonso: We actually have eight hundred some...
Mayor Suarez: Right. Well, but the academy was just completed, I believe, so
they are ready to go out there. All right.
Commissioner Dawkins: The 28 are ready to go to work. They finished the
academy and they are ready to go to work, and when will you put them to work?
Chief Ross: They are currently in a post training. It will be another week,
they will be out on the street.
Commissioner Dawkins: All right. Post training week.
Chief Ross: They will then go on the street, but they will be riding with
other officers.
Commissioner Dawkins: Oh, yes. Um hum.
Chief Ross: They will not occupy cars by themselves.
Commissioner Dawkins: Please, Chief, OK because they got to learn, you know,
what they are supposed to do. I have no problem with that.
Mayor Suarez: All right.
Commissioner Dawkins: But I ,just don't want us... So as of what date we'll
have 1030?
Mayor Suarez: You are saying as of next week?
Chief Ross: No. There is a...
Commissioner Dawkins: See. You see. -
Chief Ross: ...three month...
Commissioner Dawkins: Wait a minute. Wait a minute. Chief of Police, not
the Mayor, Plummer, me and nobody else.
Commissioner Plummer: I didn't say a damn word.
Commissioner Dawkins: The Chief of Police. How many men...
Mayor Suarez: Commissioner, I am trying to get us through this
Commissioner Dawkins: When will you have these people to work?
Mayor Suarez: ...hearing, please.
20 July 9, 1992
0
Commissioner Dawkins: But I don't want you to answer for the Police Chief.
Mayor Suarez: All right. Sir. All right, sir. But please.
Commissioner Dawkins: I want the Police chief to answer my question.
Mayor Suarez: Is it going to be as of next week or not, Chief?
Chief Ross% As of next week these individuals will be actively on the street.
Commissioner Dawkins: What date of next week? July 13, 14, 15, 16, 17 or 18?
Chief Ross: We will get you the date. One moment, sir. July the 20th I can
come to roll call and I will meet these individuals.
Chief Ross: Not all 28 because they are different roll calls. They are
disbursed.
Commissioner Dawkins: All right. How many roll calls do I have to come to,
to meet all of them?
Chief Ross: There is a total of nine roll calls that are held throughout the
City.
Commissioner Dawkins: I'll be at all nine of them if you are going to show me
all 28 of the people. If you are going to show them all to me in four roll
calls, I don't have to make but four roll calls.
Chief Ross: If you would like, I would bring all of them together at one
point and time so they can personally meet you.
Commissioner Dawkins: No. I want to see them deployed and going to work. I
want to make the roll call so that I can be able to see myself, that at this
roll call, three new individuals were added.
Mayor Suarez: Schedule the whole...
Commissioner Dawkins: At the second roll call, four individuals were added.
Mayor Suarez: Yeah. Schedule the whole roll call for the Commissioner, and
please copy us with it so that he can go to all of them, and as many of the
members can go.
Chief Ross: We will give him a...
Mayor Suarez: I think that is a very good idea to see them as they go to
work.
Chief Ross: We will give you a copy of the list of roll calls that these
Individuals will be attending.
Mayor Suarez: Very good.
Commissioner Dawkins: Thank you, Chief.
21 July 9, 1992
Mayor Suarez: All right. So we have a little bit over a thousand officers,
Chief, go ahead. Flow many do we have actually...
Commissioner Plummer: No. You don't have that, excuse me. Let's...
Mayor Suarez: Well, I was just getting to that.
Commissioner Plummer: You see...
Mayor Suarez: I was just getting to that.
Commissioner Plummer: ...this is where it is deceiving. Ask the Chief how
many men are not working.
Commissioner Dawkins: You speak English, you ask him.
Commissioner Plummer: OK. No. But I want... You see you got to ask the
right questions to get the right answers.
Commissioner Dawkins: Well ask it then...
Mayor Suarez: Please. Please. You are not inquiring. The Commissioner's
inquiring. Commissioner Plummer, please.
Commissioner Dawkins: I can tell the Commissioner how I want him to inquire.
Mayor Suarez: No you cannot tell the Commissioner how you want him to
inquire. Would you please respect the order of business, Commissioner. OK.
Commissioner Plummer, inquire, sir.
Commissioner Plummer: Chief, how many people are on light duty, under
suspension, or for whatever reasons, not working which is over a million
dollars a year. What is that number?
Chief Ross: Roughly 62.
Commissioner Plummer: OK. So deduct that now from your thousand and thirty,
OK. Because they are not working and you are paying them over a million
dollars a year.
Mayor Suarez: Which are the 62 that you are talking about now?
Commissioner Plummer: Suspended...
Commissioner Dawkins: But... But now...
Commissioner Plummer: Can I finish?
Commissioner Dawkins: Yes.
Commissioner Plummer: Suspended, light duty, or for whatever reason, not
working, sitting at home drawing a pay check.
22 July 9, 1992
Vice Mayor Alonso: Now many did you say?
Commissioner Plummer: Sixty-two according to the Chief. Is that correct?
Chief Ross: Roughly 62. Yes, sir.
Commissioner Plummer: That is over a million dollars a year. In effect, it
is almost two and a half million dollars a year that we are paying today, and
we are not getting the services for. Now, you can't blame that on the Chief.
Commissioner Dawkins: That is right.
Commissioner Plummer: You can blame it on the system.
Commissioner Dawkins: No.
Commissioner Plummer: All right. And the system is absolutely wrong. The
system is absolutely bad, but according to contracts that we have with the
union...
Commissioner Dawkins: That is right.
Commissioner Plummer: ...this is what these people are entitled to, that they
are suspended with full pay until an adjudication of the particular case, or
in the case of light duty, then till their injuries have been correctable.
Mayor Suarez: Commissioner...
Commissioner Plummer: So, I am just say, Mr. Mayor, you have to deduct those
62 that, in fact, are not available for work. Now,...
Mayor Suarez: So we are down to about 940. OK.
inquiry? I am sorry.
Commissioner Plummer: That was not an inquiry, sir.
Mayor Suarez: I mean your...
Commissioner Plummer: I was trying to assist you...
Mayor Suarez: Yeah.
Commissioner Plummer: ...in coming to a basic number.
Are you finished your
Mayor Suarez: All right. I don't want to interrupt you. Commissioner
Dawkins.
Commissioner Dawkins: I would like to say this people at home is not the
Chief of Police's doings or problem. He found that. This City Commission...
This City Manager negotiated... I am sorry, Mr. Odio, very sorry. These City
Managers within the City of Miami negotiated these kinds of benefits with the
police bargaining unit, and .those City Managers brought it to these
Commissioners and other Commissioners to OK. So if anybody is to be blamed
for the golden parachutes or for the stay home and get paid, and what have
23 July 9, 1992
11
2
you, it is the Commissioners. Not the Chief of Police. Because if we had not
OK it, as Commissioners, then the unions never would have had it.
Mayor Suarez: All right. Chief, did you finish, Commissioner?
Commissioner Plummer: Sir, I was...
Mayor Suarez: OK. We are down to 940, Chief, go ahead.
Commissioner Plummer: Oh, your... Excuse me. Mr. Mayor, you are down to a
lot less than 940 that, in fact, are fighting crime.
Mayor Suarez: I understand but we are...
Commissioner Plummer: That is the point I am trying to get to, you know...
Mayor Suarez: But that is what I am saying. As of now you have excluded 60,
so we are down to 940. And I presume we are going to see a few others...
Commissioner Plummer: OK.
Mayor Suarez: ...that are not quite out there doing the kind of patrol that
we associate with police deployment. Go ahead, Chief. With police
surveillance...
Chief Ross: With the total number of personnel that we have, or sworn
personnel. Seventy-five to eighty percent of those individuals are deployed
in the Field Operations Division, which takes in our specialized units as well
as our street patrol units.
Mayor Suarez: OK. Field operations would be seventy-five to eighty percent,
you said, of those?
Chief Ross: Eighty percent. That is correct.
Mayor Suarez: Of nine...
Chief Ross: And that is far above the...
Mayor Suarez: ...nine forty, your talking about over 730. Over 730 people,
officers, who are in field division. Is that correct? Field Operations
Division?
Commissioner Plummer: That is not correct.
Mayor Suarez: That is a lot of officers. I wish that were true.
Commissioner Plummer: You are not even that close, Mr. Mayor. You have 231
supervisors, OK. So you are not even close. The ratio of supervisors to
regular police officers is 3.89.
Mr. Odio: What are supervisors, sergeants, you mean?
24 July 9, 1992
Commissioner
Plummer:
Sir, if
you don't know what supervisors are we are in
damn serious
trouble.
Mr. Odio: But it is
sergeants,
right.
Commissioner
Plummer:
It is called sergeant and above.
Mr. Odio: OK. Because
I...
Commissioner
Plummer:
Because
I... Well, no. You don't know that, sir?
Mr. Odio: I
do know
that.
Commissioner
Plummer:
Oh, I am
sorry.
Mr. Odio: Let me... I want to put this on the record, Mr. Mayor. Back when
Chief Dickson was here we had meetings, after meetings, after meetings with
the whole staff. I didn't know much about police work then. The one constant
that came out of that... The one constant that came out of it was that the
problems that we had had in the ten years before, in the department, including
the river cop case,...
Mayor Suarez: You are going to tell us that we concluded that we wanted a lot
of field supervisors...
Mr. Odio: ...was due that you needed a ratio...
Mayor Suarez: ...such as sergeants.
Mr. Odio: That is correct.
Mayor Suarez: All right. But, but...
Mr. Odio: And you needed one sergeant for every seven men you had out on the
field.
Commissioner Plummer: And we have supervision, at the present time,...
Mayor Suarez: What was that ratio you gave?
Mr. Odio: And I want to remind the Commission, that when we are talking about
exaggerated numbers of supervisors, that at one time you had 18 colonels here,
that do no longer exist...
Mayor Suarez: We have eliminated the rank of colonel. Yes.
-1
Mr. Odio: ...and you had 32... and 32 majors that no longer exist, and you
have a total... —
-, Mayor Suarez: Well, we still have a few majors, but we don't have 32.
Mr. Odio: You have a total staff, in the City... Chief's office, of 16 people
as compared to 52 before.
i
25 July 9, 1992
Mayor Suarez:
we...
Ll
•
That is a major, major improvement. All right. Chief, so
Commissioner Plummer: Well, but, Mr. Mayor, what you need to know, when they
talk about the lack of supervision, you have 161 sergeants, OK. You have 213
supervisory personnel.
Mayor Suarez: OK. Chief, so that leaves, for the Field Operation Division,
roughly...
Chief Ross: Seven hundred and forty.
Mayor Suarez: Seven hundred and forty.
Chief Ross: Total sworn, top to bottom.
Mayor Suarez: Commissioners...
Commissioner Plummer: That is not field operations now, Mr. Mayor.
Vice Mayor Alonso: How many? Seven...
Commissioner Plummer: You have got to exclude CIS. That is not field
operations.
Chief Ross: That is field operations division. We are talking total sworn,
not...
Commissioner Plummer: Not what he knows as field operations, Chief. He knows
of the policemen on the street. -
Mayor Suarez: All right. We can inquire, Chief, as you proceed with your
presentation as to what we mean, what you mean by field operations division.
Can we just quickly go back to the other twenty percent, now, that have been
left out of field operations. What are they doing? In general terms. I mean =_
just so we know who is not in field operations.
Chief Ross: Field operations, the other sections include investigations, or
divisions include, Investigations Division, Administration Division and the
Office of the Chief.
Commissioner Plummer: You are calling that field operations, Chief?
Chief Ross: No, no, no. Those are...
Commissioner Plummer: Excluded?
Chief Ross: ...the twenty percent that the Mayor is referring to other
than...
Commissioner Plummer: From the 700.
Chief Ross: Yes.
26 July 9, 1992
11
Mayor Suarez: Right. The ones that we excluded. Right.
Chief Ross: And of those,...
Commissioner Plummer: That is from the 700.
Chief Ross: ...I'll give you the percentage breakdown.
Mayor Suarez: No, no. That is from the thousand minus...
Commissioner Plummer: From the seven hundred.
Mayor Suarez: No. I think he meant to say that the Field Operations Division
is a little bit over 700, maybe 720, and then you got another 200 or so that
are involved in other kinds of activities, including investigations, et
cetera. Is that correct, Chief?
Chief Ross: That is correct.
Mayor Suarez: OK. There is two hundred and some. Now please give us a quick
breakdown of what those folks is doing that is not field operations. You said
administration, and you know how I feel, Mr. Manager. You know how I feel. I
personally feel about having a unit that is called the Administration Unit, or
Administration Office, or the Administration Division, or whatever the hell it
Is called in the Police Department. I don't agree with it. Flat out, do not
think it makes management sense to have an Administration Division in the
Police Department. I think the Administration is what you do, and what the
rest of the City Departments do. Budget, planning, et cetera, and I don't
think you need that, Chief. That is my feeling. I am a lay person, but I
have one vote up here.
Mr. Odio: Mr. Mayor, if I may.
Mayor Suarez: Yes.
Mr. Odio: It has nothing to do with the... During the budget process, and
the Chief will tell you this. We have... We are... We are look... We have
four central units in the City of Miami. Finance, budget, personnel, GSA. If
there is any duplication in any department that is doing any of those duties,
those units will be removed and eliminated.
Mayor Suarez: All right, sir. I just don't agree with an Administration
Division in the Police Department.
Commissioner Plummer: But that's... That's... Mr. Mayor, you are making...
You are hitting the thing right on the head, when you talk about the
duplication of administration. In the Police Department they are using sworn
officers to do finance, and we have a Finance Department. They are using
sworn officers for automobiles, what they call Fleet Management. We have GSA.
They have two policemen, and sergeant and a patrolman, who sit in GSA to look
at automobiles all day long, and we are paying them in excess of one hundred
thousand dollars a year to do that. You are hitting the nail right on the
head.
27 July 9, 1992
Mayor Suarez: In Public Information to...
Commissioner Plummer: So don't let anybody mislead you. OK.
Mayor Suarez: ...which I also disagree with that unit.
Commissioner Plummer: Don't let anybody mislead you that, in fact, it is not
part of administration.
Mayor Suarez: Vice Mayor wanted to inquire.
Vice Mayor Alonso: Yes, but first, I would like a response from the Chief.
Is this true, Chief?
Chief Ross: There are functions within the Police Department that are
occupied by police officers. I recently met with Commissioner Plummer, who is
your representative here, to monitor police, and he and I both agreed on the
issue that there is a need for civilianization in the Police Department. We
in the Police Department have identified 50 positions that can be
civillanized, but functions that must be performed without a body...
Vice Mayor Alonso: Yeah. But, Chief, with all due respect, would you give me
a yes or a no to the statement that Commissioner Plummer made. Is it true
that we are paying these people, in positions like that, after all the
statements that this Commission has been presenting to you for a long time.
Today, do we still have the case that he just described?
Chief Ross: In part. It is true 1n part. And the reason I say in part is,
there are individuals that are limited duty, and light duty, that cannot go on
the street, that are being used so that, and that is the number that the
Commission was talking about earlier, that the citizens are paying for police
officers, and not receiving the service. We have taken those individuals and
put them in positions that they can be functional, and there are individuals
that are relieved of duty, that are working, in a capacity, inside the
department, because they are not able to go out on the street.
Vice Mayor Alonso: So actually what is happening is rather than hiring
personnel that we will have to have to do this job, we use the same officers
that are prevented from being in the street for they are assigned to light
duty. We are using them in rotating basis to do this kind of job?
Chief Ross: Absolutely correct. Once again, in part. In other words there
are still positions in the Police Department that must be manned. Give me a
civilian, I'll give you an officer. I'll free that position with the officer,
but those positions must be manned.
Vice Mayor Alonso: OK. Now...
Commissioner Plummer: Excuse me. May 1 inquire? Just one quick question.
Mayor Suarez: OK. If the Vice Mayor yields.
Vice Mayor Alonso: Yes. If I finally get some time to ask a question.
RW
July 9, 1992
Commissioner Plummer: Chief, on Fleet Management, a sergeant and a police
officer, neither one of those are on light duty.
Chief Ross: That is not correct.
Commissioner Plummer: Which one is?
Chief Ross: The officer 1s on light duty.
Commissioner Plummer: The officer is, the sergeant is not.
Chief Ross: Limited duties. That is correct.
Commissioner Plummer: OK. But of the two, you are still talking in excess, and Mr. Mayor, for all of my conversation today, I want it understood, when I
refer to the cost of an individual...
Mayor Suarez: You include all the benefits, et cetera.
Commissioner Plummer: ...I am including the perks, as well as salary. With
those two things, you are talking of these two individuals, in excess of a
hundred and forty thousand dollars a year.
Commissioner Dawkins: For a person?
Commissioner Plummer: No, sir.
Mayor Suarez: For two.
Commissioner Plummer: For those two individuals. A sergeant and a police
officer you are talking a hundred and forty thousand a year.
Commissioner Dawkins: If they drive a car home...
Commissioner Plummer: Do not let me mislead you that... I am saying for the
record, any reference I have today is salary and the benefits that are
incurred, what does that individual cost the taxpayer of this community
without overtime. Without... Remember the one thing the Police Department is
not including in any of this, nor is budget, there is three and a half to four
million dollars a year in overtime. Overtime. OK. That is not included in
any of the salaries or perks of which I will be quoting today.
Mr. Odio: That overtime, by the way, eighty percent of it...
Mayor Suarez: OK. Can we just set aside the issue of overtime for the
moment, and continue the inquiry as to the allocation of the personnel.
Mr. Odio: ...is court overtime.
Mayor Suarez: Mr. Manager, we are going to be very interested in the
overtime, obviously, that is a big part of... But that is done by the same
number of officers that we have got, by a thousand officers. Vice Mayor, you
were inquiring.
29 July 9, 1992
E
Vice Mayor Alonso: Yes. Mr. Mayor, and Commissioners, I believe what is
important because when we listen to some of the comments, and Commissioner
Plummer is, in fact, the person, through the Awareness Program, in charge of
the Police Department. And we hear some of the comments that are put on the
record, and some of the disgust that we see from his side, and some of the
comments of the entire Commission, and then the general public listens to some
of these statements and the atrocious amount of money that we are paying to
employees, meaning in this case, police officers. It is important that if we
are so unhappy with this situation, and we complain about the fact of the
amount of money that 1s paid... And I don't know that it is fair that when we
mention that an officer receives "X" number of dollars we also include all the
benefits, because the salaries that we hear in the public sector, even though
some companies pay individuals benefits, we don't hear that together with the
amount that they make. We are giving the perception that we are giving
away...
Mayor Suarez: Yeah. I do prefer. I do prefer...
Vice Mayor Alonso: ...taxpayers money. And we have to be...
Mayor Suarez: ...that we say the two things separately but...
Vice Mayor Alonso: ...very careful if we are going to do it within the
context of what we are doing, we have to be sure. If that is the case, and we
believe that is in excess of what we would like to pay, then let's do
something further. Let's set goals. We are going to change these within "X"
number of months, or a year. To what degree we can possibly change it. Do we
have laws and regulations that prohibit us to change the salary or the
benefits. To what degree can we do 1t because I don't think it is fair to our
own City. Sometimes we come up here and complain about certain things. Then
let's examine to what degree we change things, and if not, let's be a little
bit more realistic in the form that we address certain issues, because we are
giving the perception. It seems...
Mayor Suarez: Please, please.
Vice Mayor Alonso:. It is giving to me, as a member of this Commission, I am
certain that we get the impression for the general public that is not
necessarily what we intend to do. So, let's be sure that... I believe that
what we are doing this morning, at least this session up to this minute, it
has been a little bit confusing, to say the least, to me. I don't know if the
rest of you and the general public. I wish we have had some sort of agenda,
guidelines of item we were going to address, and some information, because, in
fact, we receive an enormous amount of information. Packages like the one 1
am holding in my hand, we receive in June, and, oh, practically everyday. But
when it comes to getting all this information together we... It seems to me
that an important discussion as this morning, deployment... I wish I had
police officers, actual field operation, all of the information in a more
simple fashion so it does, not only expedite the session, but it helps us, all
of us, on equal basis to be able to address the items of importance, and...
So, what I am trying to say is if one of us makes a statement in reference to
something that, for example, the Chief or the Manager, believe is not
appropriate to the general perception that the public and us will get, please
make the correction at that point, and justify the item at that particular
30 July 9, 1992
time. Because it does help the person that is making the inquiry, and the
rest of us, and the general public to understand that perhaps it has a reason,
perhaps we have obligations, perhaps it is a fact that we cannot change today
because our hands are tied. And it does not give the general perception that
we are joining in, perhaps with the past, and doing it today. Some of the
things we have inherited.
Mayor Suarez: Yes.
Vice Mayor Alonso: So, if we clarify that I think it will be very helpful to
all of us. And at the time that the question is asked because sometimes...
And Commissioner Plummer 1s very involved with the Police Department.
Obviously, he is the Awareness Commissioner, but at times he asks a question
and then we move to other items, and we don't really get something that really
satisfy him or us or the general public, and I believe it is very important
that it is done at that particular time. After saying that I would like to go
back and ask a few questions. Could you give me the number again for field
operations. The number 700 and what?
Chief Ross: Seven forty.
Vice Mayor Alonso: Seven forty. Now, when you mentioned the Investigation
Division you say 227?
Chief Ross: Total sworn for the Investigation Division is 154.
Vice Mayor Alonso: One hundred and fifty-four. Chief, what 1s this that I
have. Staffing April 1992, Investigation Division, and the numbers that I
have is 227. Why do I have this number? Investigations Division 227. Has
the number decreased?
Chief Ross: That is the total that is sworn in civilian as well I believe.
The figure you are looking at.
Vice Mayor Alonso: Police officers...
Commissioner Plummer: No. PO (police officer). It is a year old.
Vice Mayor Alonso: April 192.
Chief Ross: April 192 no that...
Vice Mayor Alonso: April 192.
Chief Ross: ...was not our figures. Sworn in civilian is 227. Is that what
you have?
Vice Mayor Alonso: Two twenty-seven.
Chief Ross: Two twenty-seven. That is sworn in civilian.
Vice Mayor Alonso: OK. I have civilian 66 and 155 sworn officers,
Investigation Division. One fifty-five?
31 July 9, 1992
Chief Ross: Yeah. We show 154.
been a change of one officer.
C
Currently, since that document there has
Vice Mayor Alonso: OK. Fine. Thank you I needed some clarification on that.
Mayor Suarez: Let me make just make a quick statement, Madam Vice Mayor, and
you can continue your inquiry. Folks, ladies and gentlemen, Commissioners, I
know we get a little bit heated up here on issues of salary and how do you
state salary plus compensation, benefits, perquisites, the whole bit, and
Chief, and the Manager, and Commissioner Plummer I know how we state that is
something that rubs some people the wrong way, as the Vice Mayor has stated.
We certainly don't want to give the impression that our... at least at this
point, that we are getting into people being overpaid in any way, if we get to
that point, we will say it. Frankly, I have a particular view of the new
salary that the County is paying its County Manager, and you know what my view
is.
Commissioner Plummer: And everybody is asking me why we did it.
Vice Mayor Alonso: Pocket item.
Mayor Suarez: And that is an issue that at some point may be appropriate and
we certainly will be going into it, because I have asked the Commissioners to,
as the Charter provides, to give recommendations on what department heads
should be paid, and if department heads are paid reasonably then people under
them, obviously, will be paid reasonably. But it is important that today's
meeting be understood. We have scheduled a full morning of consideration of
issues of deployment. It is unfortunate that the electronic media is not
here. It is unfortunate they are not noticing the level, and the intensity of
the debate that is taking place here, because we think this is important to
the citizens of Miami. We are delving into it. No Commission, I don't think
anywhere, has ever gone into the specificity that we intend to go to today.
Person for person in that department, as Commissioner Plummer has been
insisting we do over the years, and we are doing it today. And I think it is
right that we do that, and we get a little bit heated up here because these
are the matters that our people are calling us about. They are complaining
about... I have got two or three memo just this week, Chief. Including one
relating to an incident with a State Representative, et cetera, et cetera.
The media, obviously, doesn't think that this is as enticing, as sexy, I don't
know what the term would be, as deannexation, which is unfortunate, because
this is very important, folks. We are trying to instill what we consider to
be Cayman's view of deployment into the Police Department, and, Chief, it is
going to be a painful process, but we are going division by division, unit by
unit, until we can give the Manager some idea how we feel that it should be
done, and, of course, the professional view in many cases prevail. We are not
professionals, but in the case of Plummer, and the case of Dawkins, they have
been around for a long time. The rest of us are trying to caught up. Some of
these things just don't make sense to us, and we are going to be telling you
that, and the Manager is going to have to figure out a way to translate that
Into policy, because if he doesn't translate it into policy, we are going to
have problems around budget time. Overtime is an issue. That is a big issue.
We are going to get back to that,...
Commissioner Plummer: Four million dollars.
32 July 9, 1992
Mayor Suarez: ...but we now have... We have clarified that of a 1000
officers, slightly more than 1000 officers, we have got 740 in Field
Operations. We are going to get to the breakdown of those, and 200 others,
since we have excluded 60 that are on light duty. Although some of those
light duty are, in fact, doing things such as administrative, et cetera. So
maybe it is 200 plus.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: And you have clarified that some of those are doing
administration, some are doing investigations...
Chief Ross: There are.
Mayor Suarez: ...and I am going to end with that, and allow Commissioner De
Yurre to inquire and then...
Commissioner De Yurre: I am not inquiring about anything at this point and
time. I just wonder if it is appropriate then if we are going to be spending
all morning on this issue maybe should make an announcement to everybody else
so they know that...
Mayor Suarez: It is scheduled. Folks, anyone who thinks that we are getting
into any other items this morning, I don't know what gave you that impression.
This morning it is for police deployment, and we hope that most of you who are
here, are here to give us your input on that as soon as we can get to the
general public.
Commissioner De Yurre: So can it be safe to say that if you have any other
items it will be heard...
Mayor Suarez: You can come back after lunch.
Commissioner De Yurre: ...after two thirty.
Mayor Suarez: After lunch. I don't know about two thirty or two o'clock.
Commissioner De Yurre: Two thirty.
Mayor Suarez: All right. If you would two thirty. Folks, anyone who is not
here on police deployment you can go back to whatever it is you are supposed
to be doing today, and come back and be with us at two thirty. All right,
Chief...
Commissioner Plummer: Mr. Mayor,...
Mayor Suarez: Yes, Commissioner.
Commissioner Plummer: ...may I just clarify one issue because I saw shorty
jump up there real quick like. Any numbers which I have here are based on
last payroll, and are based on the Budget's Department of an average ratio of
fifty percent of perks to salary. It actually works out thirty percent in the
police officer, plus sixty-five hundred dollars, which the Budget Department,
33 July 9, 1992
not I,... Mano is the man who gave me the numbers of approximately, average,
across the board, in reference to POs of a fifty percent is what they use. So
I use the same without going into it. We will definitely, just for the
record, I am going to go extensively at budget time into dollars.
Mayor Suarez: Absolutely.
Commissioner Plummer: But as the Mayor says today we are here about people.
Now, Mr. Mayor, there is a number of ways that I feel that this hearing has
got to be... Not a hearing. This segment has got to be conducted. As I
have said to this Commission on many occasions, and I will continue to say,
and I have had some very, very fine discussions with the Chief, and I think
for whatever reasons as much as we were apart I think we are coming together,
and we will be further going down that road together to try to meet what we
both agree the bottom line is for the betterment of the community. Mr. Mayor,
one of the problems that has occurred in this City, as I brought out before,
which cannot be overlooked. Many, many years ago the Miami Police Department
was cut, and cut, and cut, to where they did not have civilians and they had
to use, out of shear desperation, they had to use police officers to do jobs
that they could not get the money for the civilians to do, and the problem
that has occurred is that now where monies were available the civilians were
not put back into the department, and the policemen are still doing the jobs.
That is one of the major problems.
Mayor Suarez: We were under 600 officers, I believe, in 1982 and '83...
Commissioner Plummer: That is correct.
Mayor Suarez: ...or maybe 179 and '80.
Chief Ross: Back in 180.
Commissioner Plummer: Seven. Well... Mr. Mayor, one of the things that I
want to tell you, you know, for political people when they have a problem one
of the things they do, they either form a committee, or they have a study.
You know? That is the way things usually work. Mr. Mayor, I have here a
study that was done in 1983. You know what? The same identical problems that
we are here talking about today are all contained in this report of 1983.
Now, where is the other one, Ann? The big one. OK. Now this was the report
done by a very well known organization called Booz Allen, and they made some
very specific recommendations that if you did, they felt would modernize and
do for the Miami Police Department what was needed to be done. Guess what
happened. The Police Department wrote a report about three times more than
the Booz Allen report of why they shouldn't do it. [INAUDIBLE STATEMENT]
1983 OK. Why they shouldn't do it. And you know what? We are back almost
ten years now, and the same problems are here today, and the same
recommendations are being made that weren't implemented before, and I hope to
God this time they will be. Mr. Mayor, one of the major problems that I have
talked about, and I will continue, and I have told, and I think the Chief has
come to a... He and I both have come to a concurrence. Fifty percent,
roughly, of a policeman's time today is secretarial. They are writing
reports. That is not what we hire police officers, in my estimation, to do.
The State of Florida in its very seldom wisdom, have certified that police
officers, I am sorry, public aides, public service aides, call them what you
34 July 9, 1992
wish, can be certified and can do those reports to relieve a policeman to go
back and actually do police work. Now, it is not going to be cheap, but I
have said to the Chief, who I assume who has said to budget, who I assume has
said to the Manager, that my vote for budget this year is predicated on one
hundred and twenty-five PSAs where by the way, for the record, we approved 150
last year, in the budget, and I hate to tell you at the present time we only
have 63. Excuse me, 63?
Chief Ross: That is 71 currently.
Commissioner Plummer: OK. 71. The number you gave me the other night was
63. OK. Eleven hundred and fifteen budgeted positions for police officers,
and 40 civilians, each one of the civilians to replace a police officer and
put him back out on the street. And my vote is predicated on the fact that
this must be, must be accomplished by the end of the year. OK. Now, Mr.
Mayor, it is going to be time consuming. I have in my research... The Police
Department to their credit have already researched 8 positions, and had
audited to put back out on the street. They have suggested that there is
possibly six more, and if you want it today, or when you want it, and I have
agreed to sit down with the Chief and message this, there are 60 more than can
go tomorrow. That is my position to be messaged with the Chief. When you
look at such items as court liaison, they took the sergeant out of court
liaison, but they left the lieutenant. I don't think you need a police
officer in court liaison. Now you can argue the point. OK. Mr. Mayor...
Mayor Suarez: Of course that could be a lieutenant that has many other duties
too. I mean...
Commissioner Plummer: But it is not. You see that is the point. If you use
somebody on light duty, that is fine...
Mr. Odio: That is what we have there now, Commissioner.
Commissioner Plummer: ...you are utilizing them. OK.
Mr. Odio: That is what we have there now.
Commissioner Plummer: Then it has been changed.
Mr. Odio: We have a limited duty sergeant there.
Commissioner Plummer: OK. No, you have eliminated the sergeant according to
the audit.
Mr. Odio: No, no. We have a limited duty sergeant.
Commissioner Plummer: You have no lieutenant there at all?
Chief Ross: No, sir.
Commissioner Plummer: OK. You see one of the problems that we have had is
trying to get information consistent. Now, when you go, Mr. Mayor, surely...
35 July 9, 1992
Mr. Odio: Let me tell you what I discovered...
Mayor Suarez: May I suggest, Mr. Manager, that we get to the level of
specificity of individuals maybe we should go back to the more global analysis
of what everybody is doing, and then we go to individuals.
Mr. Odio: No. But on this court liaison it is tied to overtime. Let me tell
you when we had Major Palamara there, he reduced the overtime substantially.
He expected... He got four officers scheduled at the court so that we
wouldn't have to pay overtime.
Commissioner Plummer: You know how much over is right now, Mr. Manager?
Mr. Odio: I know, but I know...
Commissioner Plummer: Tell me.
Mr. Odio: It is running about four point five.
Commissioner Plummer: Tell me in dollars. No, no, no. Just for the court
liaison, because you brag about...
Mr. Odio: The court liaison is about three and a half million dollars in
overtime. That is what it is going to be.
Commissioner Plummer: No. It is not, sir.
Mr. Odio: In the year?
Mayor Suarez: No. He is talking about the officer who is doing the court
liaison.
Commissioner Plummer: I am talking about...
Mr. Odio: Oh.
Commissioner Plummer: ...overtime, Mr. Mayor, in court, time and hours.
Mr. Odio: It is about three and a half million dollars.
Mayor Suarez: Oh, court appearance, not court liaison. Court appearances.
Commissioner Plummer: Sir, I am talking about total overtime relating to
courts.
Mayor Suarez: Yes. It is I know...
Chief Ross: One point four million.
Mr. Odio For now. But for the year it is going to be...
Commissioner Plummer: Where did you get your number from? Who gave me that
number.
36 July 9, 1992
11
Chief Ross: That is court overtime.
Commissioner Plummer: Who gave me that number?
Mayor Suarez: I think it 1s higher than that.
[INAUDIBLE RESPONSE]
Commissioner Plummer: Huh?
Chief Ross: Court overtime in dollars is one point four.
Commissioner Plummer: Is a million four. Yeah.
Chief Ross: Yes.
Commissioner Plummer: So, you know, you got to understand... Mr. Mayor, we
have five patrolmen, police officers, that are in athletic programs. Athletic
programs. OK. Now, you know you can say...
Chief Ross: That is not...
Mayor Suarez: You really ought to give of thought, Mr. Manager. You ought to
give some thought.
Chief Ross: That is not accurate.
Mayor Suarez: Wait, wait, Chief. But you ought to give some thought, Mr.
Manager, the man is doing a fantastic job as a sergeant. We all know him and
love him. Commissioner Plummer has been suggesting, maybe correctly, that for
many years that someone that is doing this kind of work maybe should be in the
parks department. When are we going to see some reforms to respond to our
view of the world, which is, in his case, that maybe...
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: ...this individual should not be a uniformed police officer.
Commissioner Plummer: It is not the usual that I pick on the boxing program.
It is the gym. There are three police officers that are running the gym. Am
I correct? Or is there two.
Chief Ross: There is a sergeant and two police officers assigned to the
athletic program.
Commissioner Plummer: To the gym.
Chief Ross: The total athletic program.
Commissioner Plummer: To the gym. OK.
Commissioner Dawkins: Before...
37 July 9, 1992
AOL
Commissioner Plummer: These are the areas that I say that I have got to sit
down with the Chief and massage, because I am looking at what we can do is
putting 60 patrolmen back on work. And let me bring up one other point, Mr.
Mayor,...
Mayor Suarez: OK. And then I know...
Commissioner Plummer: ..so that I am not misunderstood.
Mayor Suarez: ...the Vice Mayor wanted to speak, and if she will yield to
Commissioner Dawkins so we can finish...
Commissioner Dawkins: For one point...
Mayor Suarez: ...this point and get back.
Commissioner Dawkins: ...and I am waiting on...
Mayor Suarez: All right.
Commissioner Dawkins: ...to hear everybody speak. OK. Chief, when you
evaluate recreational programs, even if you have to hire a consultant, you be
able to show me, perhaps, the good that we did with the recreational programs
in trying to deter crime, and to keep little youngsters busy and out of
trouble. OK. Because in that area, I am sure that the police programs have
done a lot to reduce crime in that area. So let's just don't say that we got
a sergeant, a lieutenant, or somebody over there doing nothing. OK.
Mayor Suarez: All right.
Chief Ross: I applaud what you have just said. Inasmuch as preventive
measure are what criminologists and sociologists say you need to do in order
to deter crime. The boxing program takes kids out of the penal institution,
and kids that are wayward, and put them in a program and teach the,-n discipline
and a respect for authority in Overtown, in Coconut Grove, in Liberty City, in
Little Havana, and prevent, and Wynwood, and prevent hundreds of incidents of
crime, which would have taken hundreds of officers and man hours. We can do
it with three officers.
Commissioner Dawkins: Bring me some statistics, that is all.
Mayor Suarez: All right.
Commissioner Plummer: This is just for the record, Mr. Mayor.
Mayor Suarez: Commissioner, did you finish that inquiry? Then we can go back
to the analysis of the overall deployment. So we can get into the specifics
of how...
Commissioner Plummer: OK.
Mayor Suarez: ...a particular officer actually protects the neighborhood it
is on, which I know our citizens want to know about. Yes, Vice Mayor Alonso.
38 July 9, 1992
Vice Mayor Alonso: Yes. Chief, could you give me... 1 am a little bit
confused about the numbers. So I would like to go back and inquire again.
First, I need to know how many officers are with leave with pay now. Let
me... When you say leave with pay, leave with pay, meaning some that are in
the process of investigation, some of them have been there for years.
Chief Ross: There is a total of 23 officers, currently, relieved.
Vice Mayor Alonso: Twenty-three.
Chief Ross: Yes.
Vice Mayor Alonso: When we say we have one thousand thirty-two, and then we
say twenty-eight are from the academy so we reduce the number and we say a
thousand four. Are we counting these people?
Chief Ross: Yes.
Vice Mayor Alonso: Yes we are. So when we say Field Operation and we come up
with the number seven forty. Do we have to deduct anywhere?
Chief Ross: No. No.
Vice Mayor Alonso: We don't. So we have seven forty Field Operation, and we
have two twenty-seven in the Crime Division.
Chief Ross: That is correct.
Vice Mayor Alonso: It comes up to nine ninety-seven.
Chief Ross: No. Not two twenty-seven. I am sorry.
Vice Mayor Alonso: I beg your pardon.
Chief Ross: One fifty-four... and one fifty-four in Criminal Investigations.
Not two twenty-seven. That is overall, sworn and civilian.
Vice Mayor Alonso: OK. So we have seven forty and one fifty-four...
Chief Ross: That is correct.
Vice Mayor Alonso: ...is the number that... OK. Because somehow the numbers
don't match.
Chief Ross: Yeah. We still... We have officers...
Vice Mayor Alonso: If we have twenty-three of them, and we have three in
athletic programs, and we have twenty-eight that are in the academy, still,...
Chief Ross: Let me...
Vice Mayor Alonso: ...one more week, and then we have... And I add all of
these numbers... Sixty-two on light duty, right? [INAUDIBLE RESPONSE] But
the problem is, in fact, how many officers do we have in the streets?
39 July 9, 1992
11
Chief Ross: Let me...
11
Vice Mayor Alonso: Give me the number deducting the twenty-three, leave
without pay, with pay, excuse me, or deduct the light duty. How many do we
have? Actual number.
Chief Ross: Let me, if you will, so that we can carry you through it, and if
you are doing a tabulation, we'll give you where everybody is assigned. All
of the sworn officers.
Vice Mayor Alonso: Yeah. But if you give me the number then I have an idea
of where they will be, so I know exactly... Today, while we talk, how many
officers do we have in the street?
Chief Ross: All right. Let me...
Vice Mayor Alonso: In order to be able to do that I need to know how many
people?
Chief Ross: From the...
Vice Mayor Alonso: Don't count leave -with -pay, because these people are
sitting at home staring at the walls. Those individuals are not actually
fighting crime.
Chief Ross: From the Chief's office all the way down, counting sworn
officers. In the Chief's office there 1s a total of 8 sworn bodies. Field
Operations Division you already have the total of 740. In the Investigations
Division, including the 23 individuals relieved of duty, there is 179. In the
Administrative Division, including the academy class of 28, and those
individuals that are light or limited duty, there is a total of 109, which
brings you to a current total of 1032.
Vice Mayor Alonso: Yes, but give me now just the count of those police
officers that are fighting crimes in the streets?
Chief Ross: That goes back to the number we gave you originally of 740. That
is our Field Operations Division.
Vice Mayor Alonso: Seven forty. OK. Fine so we go from that number there
actually working in the streets. Seven forty.
Chief Ross: Seven forty.
Vice Mayor Alonso: So that is the number that we have to work with.
Chief Ross: Now, that is our Field Operation Division. In all fairness to
you...
Vice Mayor Alonso: Yes.
Chief Ross: ...so that you know the breakdown. In the Field Operations
Divisions we have patrol officers assigned to the north substation, central
40 July 9, 1992
and south substation. Also we have officers assigned to the specialized
police units, our motor units, our mounted units, our bicycle patrols, and all
of the other specialized units. That is included in that number.
Vice Mayor Alonso: Give me the number.
Mayor Suarez: Right. We are going to get into those. We have to figure out
exactly what some of those units are doing and why they are doing it. What
logic there is in doing it.
Chief Ross: Right.
Vice Mayor Alonso: Are you ready to give me...
Chief Ross: Well just to give the Commissioner a total.
Vice Mayor Alonso: Could you give me. Is it fair that I ask at this point.
How many are actually in the streets?
Chief Ross: Yes, ma'am. That is fair. That is a fair question. In the
patrols section 1n the north, there is a 138 officer assigned.
Commissioner Dawkins: Hold it. Assigned, what does that mean?
Chief Ross: I am sorry. Let me back up.
Commissioner Plummer: Is that all... Chief, you are speaking to all four
shifts?
Vice Mayor Alonso: I am talking total force so we can...
Commissioner Dawkins: What does it mean assign?
Commissioner Plummer: OK. But, Madam Commissioner, you have got to
understand that each sector has four... It takes four shifts to man three.
You understand that?
Vice Mayor Alonso: Four, yeah.
Chief Ross: Total sworn...
Commissioner Plummer: It takes four shifts to provide three at all times.
Remember a policeman works four days a week and off three, so to man a zone
you have to have four men to provide for the three, is what you are doing. So
understand that. Now, one other thing that you have to understand, Madam
Commissioner, is, and this is not to the detriment of the Police Department,
it is reality, you pay a policeman for forty hours a week, with all of the
matters involved, if you get 22 to 24 hours of street time for that forty, you
are doing well. With court and other areas he is obligated to do, that if you
get.22 to 24 hours you are doing well, as the average. So just keep those two
items in the back of your mind.
Mayor Suarez: OK. Commissioner Dawkins.
41 July 9, 1992
f
Commissioner Dawkins: Madam... City... I mean... Vice Mayor.
Vice Mayor Alonso: Yes.
Commissioner Dawkins: Could he just explain to me what is a hundred and
thirty-eight a shift, I mean just explain that to me.
Vice Mayor Alonso: Yeah. I believe he was going to make a correction on that
number to.
Mayor Suarez: One hundred and thirty-eight in the north.
Commissioner Dawkins: Yeah.
Mayor Suarez: Substation...
Chief Ross: A hundred... Yes, that is correct.
Commissioner Dawkins: All right. Beg your pardon.
Chief Ross: That is total sworn.
Commissioner Dawkins: A hundred and thirty-eight.
Chief Ross: Yes, sir.
Commissioner Dawkins: All right. How many sectors are in the zone?
Mayor Suarez: Hit the streets at any one time.
Chief Ross: One eleven.
Commissioner Dawkins: I mean, no, no. How many... All right. So how many
sectors are up there in the northeast?
Chief Ross: Two sectors.
Commissioner Dawkins: All right. Two sectors.
Chief Ross: Ten sectors according to the police in twenty.
Commissioner Dawkins: Two sectors. How many zones?
Chief Ross: Thirteen.
Commissioner Dawkins: So thirteen zones. So that is ten men per zone, and as
Plummer said you got to get four shifts to cover them, so when you divide
twelve by four you are talking about three persons per shift.
Chief Ross: Well, that is not...
Commissioner Dawkins: Hey, I am going by what you are giving me.
Chief Ross: Some of the...
42 July 9, 1992
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Commissioner Dawkins: Plain arithmetic.
In
Chief Ross: Some of the units are one man units, some are two -men units.
Commissioner Dawkins: OK. I still say, Chief, I don't care if you got one
man 1n it, if you got two men in the unit. If you divide four into twelve you
get three. So that is three persons per zone in the sector.
Chief Ross: You are not taking into consideration POP (Push Out the Pusher)
and the beats.
Commissioner Dawkins: No I am not taking into consideration POP, SOP
(Standard Operating Procedure), NET (Neighborhood Enhancement Team), PET,
nothing else. Strictly police work. What people elected me to make the
streets safe. That is all I am interested in.
Mayor Suarez: OK. So where...
Commissioner Dawkins: Thank you, Madam Vice Mayor.
Mayor Suarez: Thank you.
Vice Mayor Alonso: Thank you.
Mayor Suarez: Madam Vice Mayor.
Vice Mayor Alonso: May I go back to the same question, and ask the same
question over again? Could you respond to me, in simple terms, if a citizen
goes to you, forget I am a Commissioner... If a citizen goes to you and ask
a very simple question, but very important to them, how many officers are
fighting crime, are actually working in the streets? And then we go into the
different areas. How many? You told me 740, but then when you went on into
the division of the north area, then I saw your statement talking about in the
substation. Tell me actually working in the streets, how many, 740?
Chief Ross: Madam Commissioner, if I may explain this, and it may be a little
difficult to explain, or maybe to even understand. I can give you exact
numbers of officers actually assigned to the north district, south and central
district. I can give you those numbers. That will not be a total accurate
reflection of the officers that are actually out in the street in those areas.
Inasmuch as there are officers working specialized units that will be found in
those areas. Our street narcotics unit, and our motor units, our mounted
units, or beat officers, they all, our AIU (accident investigation unit)
officers, they are all working those areas.
Vice Mayor Alonso: The narcotic units are... When you give me the number
740, you include them in this number?
Mayor Suarez: Yes.
Chief Ross: Yes, ma'am. They are included in that number.
43 July 9, 1992
Vice Mayor Alonso: So bottom line. The number is very small, probably, of
the officers assigned to the different areas.
Chief Ross: Not necessarily.
Vice Mayor Alonso: How many?
Chief Ross: There are roughly 600 that are actually assigned between the
three district that are assigned to the substation.
Mayor Suarez: How does that work out if you have 138 for north? How does it
work out to 600 if you add the other two? What is the... Just a quick
breakdown of the three it adds up to 600?
Chief Ross: There is a 138...
Mayor Suarez: Right.
Chief Ross: ...in the north, and that does not include the officers in POP
that are actually assigned.
Mayor Suarez: I understand.
Chief Ross: There is 214 in central.
Mayor Suarez: So that is three...
Chief Ross: There is a 195 in south...
Mayor Suarez: That is 352 and 195 would be 547. Well, that is not 600, but
it is getting close to that.
Chief Ross: Right.
Mayor Suarez: OK. The people who are not now so described, out of the 740,
OK, that are not the 138, and the - 195, and the 200 and some, what are they
doing?
Chief Ross: We have officers involved in task force, street narcotics,
robbery task force. We have officers that are working our mounted patrol
units.
Mayor Suarez: OK. Where do we have mounted patrol units?
Chief Ross: We have 13 horses throughout the City.
Mayor Suarez: Well, I am not so concerned about the horses as I am about the
people riding them, but...
Vice Mayor Alonso: Well, the horse usually takes one on top.
Mayor Suarez: I guess... One person. By the way, Chief, you remember the
memos - you weren't Chief at the time - that I did, on trying to tract down
the mounted police officers. Commissioners, 1 do want you to know that in my
44 July 9, 1992
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own little private one -day investigation, it is just not a very efficient way
of deploying police officers,...
Vice Mayor Alonso: Where you riding the horse?
Mayor Suarez: No. I didn't ride a horse, but... OK. It takes awhile to
coordinate getting the horse to the police officer. To the area in question.
They are, obviously, not being housed in those areas, the horses that is, and
a lot of times the two things don't come together, and the horse is not in
good shape, or the officer is not in good shape, or whatever. They are not
very... People like them. I mean there is some...
Vice Mayor Alonso: Oh, yes. Very friendly.
Mayor Suarez: Yes. There is some...
Commissioner Plummer: Yeah. But, Mr. Mayor...
Mayor Suarez: ...perception that this is a great way to have police presence,
but it is a very inefficient way of deploying.
Chief Ross: But they are used in other areas.
Commissioner Plummer: Do you take into consideration just using the one that
you are using of the mounted patrol of what they basically do? They are not
fighting crime. They are fighting parking meters. Ninety percent of the
time, or better, of the mounted patrol 1s PR (Public Relations), and all they
basically do is write parking tickets.
Mayor Suarez: It is...
Commissioner Plummer: Traffic violations. That is what they do.
Chief Ross: I disagree with that statement.
Mayor Suarez: What we are saying, Chief, is we would hate to ask, because we
are not going to embarrass anybody, for a report of the number of arrests made
by officers on horse. I don't think it would be real hot.
Chief Ross: Well, we can give you that, and it is high,...
Vice Mayor Alonso: According to the Miami Herald, it is excellent.
Chief Ross: ...and I disagree with the fact that the officers are out there
on horseback just as PR. Those officers are out there providing high
visibility, and...
Mayor Suarez: They are highly visible. That is for sure.
Chief Ross: ...They are highly visible and if you ask...
Commissioner Plummer: They are...
Chief Ross: ...any community that has a horse,...
45 July 9, 1992
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Commissioner Plummer: About eighteen hands high.
Chief Ross: ...in place, you will find...
Mayor Suarez: They love them.
Chief Ross: ...not only is crime...
Mayor Suarez: They love them.
Chief Ross: ...reduced, but the fear of crime is...
Mayor Suarez: Yes.
Chief Ross: ...drastically reduced.
officers,...
So our horseback, our mounted
Commissioner Plummer: They are eighteen hands high.
Chief Ross: ....are doing a lot more than just doing PR. In addition to
that, they are used during our civil disturbances and are extremely effective.
We are a leader in putting together civil...
Mayor Suarez: Yes. But that. But that would...
Chief Ross: ...disturbance responses.
Mayor Suarez: ...lead to a conclusion that you could have... That particular
issue of civil disturbances or massive demonstrations, et cetera, would lead
to having a specialized unit with no officers assigned to it except, you know,
to be acquainted with the horses, et cetera, that could then be mobilized, if
that could be done...
Mr. Adio: Mr. Mayor.
Mayor Suarez: ...In a quick mobilization for those incidents. But understand
what you are saying. You are saying they have high visibility, the people are
very supportive, they are...
Commissioner Plummer: No question. People love them. No question.
Mayor Suarez: A lot of...
Vice Mayor Alonso: And in downtown they love it. And in Little Havana as
well.
Mayor Suarez: A lot of their time is spent...
Commissioner Plummer: And for the record...
Mayor Suarez: ...giving parking tickets. I don't know that it is ninety
percent, as my brother has... Commissioner has said but a fairly, you know...
I would guess that most of the violations that they charge people with are
probably traffic tickets because they...
46 July 9, 1992
Chief Ross: Those officers make as many arrests and we will give...
Mayor Suarez: Is that right?
Chief Ross: ...you the statistics. They make as many arrests...
Mayor Suarez: On a per hour basis you think they make as many arrest for
serious crimes as...
Chief Ross: I say that they make as many arrests in conjunction with
preventing as many crimes...
Mayor Suarez: Yeah.
Chief Ross: ...as any other...
Mayor Suarez: That is hard to quantify though, obviously.
Chief Ross: Yes it is.
Mayor Suarez: That is very hard to quantify.
Chief Ross: But it is a reality, it is not a perception. It is a reality.
Vice Mayor Alonso: And maybe that...
Commissioner Plummer: Other than traffic, Chief.
Vice Mayor Alonso: ...very visible.
Commissioner Plummer: Other than traffic.
Chief Ross: They make arrests.
Commissioner Plummer: Felony arrest.
Chief Ross: They make arrests.
Commissioner Plummer: The.information I have is under 300 for last year. Is
that a true ntunber?
Chief Ross: Let us give you the statistics. I don't have that information
right here, but I'll give it to you.
Commissioner Plummer: That is less than one arrest a day. But, Mr. Mayor,
the best part of that is going to come out at budget time, when you find out
what it costs you for the mounted patrol.
Mayor Suarez: They are...
Vice Mayor Alonso: But you know...
Mayor Suarez: Vice Mayor Alonso.
47 July 9, 1992
Vice Mayor Alonso: ...the point that the Chief just made, I think is a very
important point. It is very visible, and, maybe, that is the reason that
they... They prevent crime, and I know, for a fact, on a high crime areas it
is so visible that it probably prevents crime, and I can tell you the people
in the area of downtown, that I have had the opportunity to talk to them, and
also in Little Havana about this specific issue, are very pleased, because it
is the visibility of the officer.
Chief Ross: Madam Commissioner,
Vice Mayor Alonso: In fact, it is so much so that the Miami Herald had a very
good article, not long ago, discussing how pleased the people in the area
were, and they had a number of interview with merchants of the area in that
article, and I think it was very complimentary to this issue beside all of the
other things that we have to do. I think it is very visible so it is... I
would say... Especially in areas where we have tourists. It might be a very
good way to have it. It is very visible.
Mayor Suarez: Yes.
Vice Mayor Alonso: It makes them feel secure.
Chief Ross: It is a proven fact that having officers in certain specialized
units prevent crime much more than having an officer that is in a reactive
mode. If you take away certain officers and specialized units, you will have
to increase the number of officers in that same area in your reactive mode.
Mayor Suarez: OK. That is what we are getting to. The interesting thing...
Commissioner Plummer: That is right. That is the name of the game.
Mayor Suarez: ...the trade-off here, the irony here is that we are arguing
that we would like to have more officers on patrol, visible,...
Vice Mayor Alonso: Yeah.
Mayor Suarez: ...and at the same time we are saying these specialized units,
which may be better for preventive dimensions...
Vice Mayor Alonso: It has to be a combination of the two.
Mayor Suarez: Right.
Vice Mayor Alonso: Prevention and that has to be done.
Mayor Suarez: But it is more difficult to quantify the preventive aspect of
it for...
Vice Mayor Alonso: But we still have it. We see the results and then... We
cannot measure, perhaps, in numbers at the time we ask specific questions, but
when you compare crime, perhaps, in a period of time you will be able...
Mayor Suarez: You should be able to...
48 July 9, 1992
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Vice Mayor Alonso: ...to see results.
Mayor Suarez: You should be able to...
Chief Ross: Well, I believe that one way that you can actually look at 1t and
measure it... If you back at the figures that I gave you early on, over the
last two years, we have lost seventy some thing officers, and at the same
time, we have gotten a four percent increase in calls for service. We have
had to, innovatively, put together strategies in order to keep the crime rate
down, or at least, at least, keep officer presence in the community. We have
done it through means of these specialized units.
Mayor Suarez: Yeah. I understand. Chief. And by the way, Commissioner
Plummer was suggesting that one thing is to have mounted police, one thing is
to have the visibility that comes with it, the Herald articles are... God
knows that is worth something, right away. A favorable article.
Vice Mayor Alonso: Yes. That is why I mentioned it.
Mayor Suarez: Used to be that...
Commissioner Plummer: Positive or negative?
Mayor Suarez: Positive.
Vice Mayor Alonso: Positive. It was positive.
Mayor Suarez: I would not suggest, frankly, if what Commissioner just showed
is correct. I would not suggest increasing that unit. We can't afford it for
one thing. The idea that they serve very well as they do, I agree, fully,
having lived through it in street congregations, in unrest and disturbances,
tells me we ought to have a minimum unit, at least, with people, well trained
horses, et cetera. But we don't want to be increasing that unit, I don't
think, at least for my view of life, and apparently for Commissioner Plummer's
view of life.
Vice Mayor Alonso: We don't have that many. Thirteen, I believe.
Mayor Suarez: I think they are proposing...
Commissioner Plummer: Excuse me.
Mayor Suarez: ...to increase it in the...
Commissioner Plummer: In the mounted patrol?
Vice Mayor Alonso: Yes.
Commissioner Plummer: You have fifteen and they are asking for three more in
this year's budget.
-i Commissioner Dawkins: Mr. Mayor, would you ask...
_f
49 July 9, 1992
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=j
Vice Mayor Alonso: We have now fifteen?
Commissioner Plummer: Total of 19 people in that unit. You have one sergeant =-
and 14 police officers.
Commissioner Dawkins: Mr. Mayor, would you ask if anyone...
Mayor Suarez: Commissioner Dawkins. Yes. I meant to ask that.
Commissioner Dawkins: ...in the public wants to be heard so...
Mayor Suarez: Just so we have an idea of how we are going to conduct the rest of the hearing, and try to complete it in the morning. How many people...
Would you raise your hands if you would like to be heard on issues of —_
deployment this morning. Would you please raise your hand. OK. We have got _
Johnathan and Ruben. All right. Chief, what about some of these other units? =_
I count... To continue this approach here, I count 740 minus 547, roughly 193 -_
- officers, then, who are in these specialized units. We have talked about
mounted, of course, and we have kind of beaten that one to death.
Commissioner Plummer: What other unit do you want, Mr. Mayor?
Chief Ross: Accident investigation.
Mayor Suarez: I am particularly interested in the motormen. I called
Commissioner Plummer...
Commissioner Plummer: Motormen. I'll give it to you. There are...
Mayor Suarez: No, no. But I want to ask about something because an
incident... I called you and I left you a message...
Commissioner Plummer: Yes.
Mayor Suarez: ...on your recorder. Last week I was leaving my office and
there were three motormen on Brickell right between barricades that had been
set up, because the bridge was raised, and... the Brickell bridge. And they
were having a nice time chatting with each other. My question is, why do we
need, at that particular moment, which was about 6:30, 6:45 p.m. on a week
day, when the Brickell bridge was up, and apparently there was some... There
had to be some barricading, obviously. Why wasn't the physical barricades
enough, and if not, why would it take more than one motorman to be out there,
and why did we have three? Did they just happen to meet there and decide to
have a nice chat there, or what? And that is a specific question on a
specific instance. If you want to respond to that I have got it in a memo
form so you can do that anytime. But generally...
Chief Ross: I know that you submitted the complaint. And submitted the
memo...
Mayor Suarez: Just an observation.
Chief Ross: ...that we are responding to. =-
50 July 9, 1992 —
Mayor Suarez: It is an inquiry. It is not a complaint.
Chief Ross: yes.
Mayor Suarez: What do we have the motormen doing? Now, we hopefully are
moving away from escorts of dignitaries. Keep in mind what happened in Palm
Beach. The accidents that we have had with motormen. The fact that,
hopefully, the nation 1s going in the direction of Presidents who use street
lights a tittle bit more, and stop a little bit more, and have less caravans,
and all of that. It is just not a good... It is a risky way of doing
business, plus why should we be having all kinds of caravans throughout the
City. I remember David Paul having police escorts, which he paid for, which
he paid for, from Miami Beach... I didn't say it was you, guys. I am just
talking about a generic issue. Stopping traffic, and directing traffic, and
getting him from downtown to the Super Bowl. Now, that is not the kind of
thing that the people out there want our motormen to be doing on duty, or off
duty. Being paid for by us or by anyone else.
Chief Ross: We don't do that.
Mayor Suarez: We don't do that except when the President is in town.
Chief Ross: We do it only for high dignitaries and officials. We do not
provide those types of escorts. If the President and the Vice President came
into town, we would do it. We do not do it for any and every...
Mayor Suarez: Is that a fair statement? We are talking, basically, at the
level of President and Vice President.
Chief Ross: No. I am telling you the facts.
Commissioner Plummer: The Chief is giving you a truthful answer. I can tell
you that for a fact.
Mayor Suarez: Well, I know of at least one instance where we used it for a
Mayor of another city, but that is OK. And it was kind of a nice thing to do
for the former Mayor of Chicago who has since passed away. And it was kind of
on the spur of the moment thing, that we offered that to him to get out of a
difficult situation there traffic -wise. What else do the motormen do?
Chief Ross: Well, keep in mind that the motors are the most maneuverable...
Mayor Suarez: Absolutely.
Chief Ross: ...vehicle that the Police Department has at its disposal.
Commissioner Plummer: And your greatest liability.
Chief Ross: Sorry.
Mayor Suarez: They are a horrendous liability, Chief.
Commissioner Plummer: And your greatest liability. Most of your...
51 July 9, 1992
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Mayor Suarez: They are a horrendous liability for them,...
Commissioner Plummer: Two thirds.
Mayor Suarez: ...and for...
Chief Ross: Well, there is a liability in being in police work altogether.
Commissioner Plummer: No, no, no.
Chief Ross: And that is not a...
Mayor Suarez: No, no. As far as the mode of transportation, Chief.
Chief Ross: Yeah. I understand.
Mayor Suarez: That 1s very dangerous.
Commissioner Plummer: Motorcycle is much more dangerous. Of the two thirds
of police officers... What they call two thirds is disability. The majority
of those are motorcycle police officers.
Chief Ross: These officers are highly visible in traffic, and you are right.
They are noted for dealing with traffic, and for writing summonses and
citations. Because of their ability to get through traffic, and to get to
accident scenes, that often times jam up our roadways, and cannot be accessed
by motor vehicles. They are able to get through, and they are able to get
there. They do provide visibility in the neighborhoods, and they also provide
backups for our officers in vehicles.
Mayor Suarez: How many are on a particular shift? How many motormen are on a
particular shift?
Asst. Chief Arnold Gibbs: Five on one shift, and seven on the other.
Mayor Suarez: There is only two shifts?
Commissioner Plummer: Yeah. They don't have it through the night.
Mayor Suarez: They don't ride at night, obviously, typically. OK. So you
have five and seven.
Asst. Chief Gibbs: Seven and six.
Mayor Suarez: Seven and six. And what... How does their deployment work?
Are they deployed like throughout the City, or are they deployed in certain
neighborhoods, or does someone decide that there are traffic infractions
taking place here on South Bayshore when people get to aviation, and get on
the left lane and...
Chief Ross: They do have a selective enforcement in locations where we have
major problems with speeders, or problems with DUI (Driving Under the
Influence), school zones. They provide those types of selective enforcement.
52 July 9, 1992
1-9
Mayor Suarez: OK. We have got the opposite problem here, ladies and
gentlemen, and Commissioners, of the issue of overtime. We have got a
situation with the motormen that they are the most effective revenue
generators of our police officers, and you see all the heads nodding...
Commissioner Plummer: That is not true.
Mayor Suarez: ...and so when you...
Mayor Suarez: Yeah. I think they are, J. L. Every time that you get to the
point that you analyze their use, and you almost are ready to conclude that we
probably ought to eliminate the unit, because, really, you know, the work that
they do in traffic can be done by, I think, for the most part, can be done by
a patrolman in an automobile, and they do... They are more maneuverable when
you need them.
Chief Ross: That is not true.
Mayor Suarez: My conclusion. And I get to the point that I am ready to say,
we ought to eliminate that division, as much as I like the very nice captain
that leads it, Gene Telles, right.
Commissioner Plummer: Mr. Mayor, Let me...
Mayor Suarez: Then I am told, "But wait, Mr. Mayor." And this not
necessarily by you, this is by the administrative side of business here, which
I would hope all the administrative side would be over here with the Manager,
not in the Police Department. He says we are generating two million dollars a
year from that unit in traffic tickets.
Commissioner Plummer: That is not a true statement either.
Mayor Suarez: All right.
Chief Ross: If I may, Mr. Mayor.
Mayor Suarez: What are we generating, and to what extend is that a
justification for this unit?
Commissioner Plummer: Wait a minute, Mr. Mayor, how can you generate when it
is a total of three million dollars of income...
Mayor Suarez: That is another way... That is another point.
Commissioner Plummer: Listen to me please.
Mayor Suarez: I agree with you.
Commissioner Plummer: Generating a total of three million dollars of income.
They take court costs out and we had, the previous year, a million eight in
overtime. Now, how much net income is that to the City?
Mayor .Suarez: No, no. But a million eight in overtime is from all the
officers,...
53 July 9, 1992
Mr. Odio: For all the units.
Mayor Suarez: ...for all the crimes, for all the court appearances.
Commissioner Plummer: But that is the court... No, no, no, no, no. That is
the court. No, no, no. Two point... Where is my overtime?
Mr. Odio: OK. Mr. Mayor...
Commissioner Plummer: Two point two is more overtime. Overtime is exceeding
four million dollars. It is broken down...
Mayor Suarez: OK. Are you saying that the time that and the expenditure...
Commissioner Plummer: Who took the damn paper?
Mayor Suarez: ...that motormen create for us to get those tickets is almost
the same as what they get in revenues? Is that...
Mr. Odio: No. Mr. Mayor, when we talked, it was a long...
Mayor Suarez: Can you just get some answer to the question?
Mr. Odio: The answer to the motorcycle revenue is nine hundred and sixty-one
thousand dollars. That is what we are producing with 13 motorcycles.
Mayor Suarez: Motormen... Is that net of the figure he is giving of the
overtime?
Mr. Odio: No. The total revenue from tickets is about two and a half million
dollars.
Mayor Suarez: OK. Motormen of that are slightly less than a million. Is
that what you are saying?
Mr. Odio: Nine hundred and sixty-one thousand.
Commissioner Plummer: But that... Excuse me. That is not net.
Mayor Suarez: OK.
Mr. Odio: When we...
Mayor Suarez: How much does it cost us in overtime, in court appearances, for
them to generate the nine hundred and fifty some? He is saying it is over a
million dollars.
Vice Mayor Alonso: Oh yes, one...
Commissioner Plummer: Sir.
Mayor Suarez: Just for the motormen though.
54 July 9, 1992
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Commissioner Plummer: It there... No, no. Not just motormen. All tickets.
Mayor Suarez: Tickets.
Commissioner Plummer: All tickets. Traffic violations. Overtime was
one
million four oh six to this point.
Mayor Suarez: What do we make in traffic tickets total?
Commissioner Plummer: That 1s the point.
Mayor Suarez: What are we making?
Commissioner Plummer: What do we get net?
Mr. Odio: About two and a half million.
Mayor Suarez: Two and a half. All right.
Mr. Odio: Mr. Mayor.
Mayor Suarez: So two and a half is what we get we...
Commissioner Plummer: Wait a minute. Wait a minute.
Mayor Suarez: ...spend over one million in overtime.
Commissioner Plummer: No, no, no.
Mr. Odio: When we talked... When we talked...
Commissioner Plummer: We do not get two and a half...
Mr. Odio: ...we had about 30 motorcycles.
Commissioner Plummer: Mano.
Mr. Odio: We have reduced that to 13.
Commissioner Plummer: Put Mano on the record. Mano, what do we get,
net,
from traffic violations? After court costs, after overtime, what do we
get,
net?
Mr. Manohar Surana (Assistant City Manager): OK. I know the revenue
comes
about a million dollars from tickets.
Commissioner Plummer: OK. Thank you.
Mr. Surana: Now you got to figure out the costs. I don't know that.
Commissioner Plummer: A million dollars is what we get total.
Mr. Surana: From the Police Department.
55 July 9, 1992
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Commissioner Plummer: Of which, a million four, according to his numbers, is
overtime to address that million net, plus court costs.
Mayor Suarez: OK. I think we got a problem.
Chief Ross: That is not true.
Commissioner Plummer: A major problem.
Chief Ross: That is not true.
Mayor Suarez: I think we have a net positive cash flow from the operation.
Whether that is what our objective should be or not is another issue but..
Chief Ross: Yeah. The total overtime including investigations, homicides,
and everything else...
Mayor Suarez: Right.
Commissioner Plummer: No, no, no, no.
Chief Ross: ...is a million four, not just tickets.
Commissioner Plummer: No, no, no. Excuse me. Your regular overtime. These
are your figures, Chief, not mine. Your regular overtime for last year was
three million four hundred and ninety-two thousand.
Mayor Suarez: For court appearances?
Commissioner Plummer: Here. No.
Mayor Suarez: For court?
Commissioner Plummer: For the other investigations in overtime.
Mayor Suarez: But that is not what we are talking about. We are trying to
analyze the court appearances and see if it is...
Commissioner Plummer: That is hours overtime.
Chief Ross: That is total overtime...
Mayor Suarez: Right.
Chief Ross: ...for all court functions.
Mayor Suarez: Sure that includes emergencies,...
Chief Ross: Total overtime.
Mayor Suarez: ...disturbances, the whole bit.
Chief Ross: That is not just tickets.
56 July 9, 1992
Commissioner Plummer: Court. It does not include homicides...
Chief Ross: Yes it does.
Commissioner Plummer: Sir, then what is the regular overtime? The regular
overtime...
Chief Ross: That is overtime. That is the regular overtime.
Commissioner Plummer: No, sir.
Chief Ross: Court overtime...
Commissioner Plummer: Then your papers are as deceiving as the day is long,
sir. As Father Gibson used to say, "I know the English language." It says
regular hours overtime dollars, three and a half million dollars. Court hours
overtime, a million four.
Chief Ross: Your regular overtime includes those functions, number one, such
as are approved by this Commission where police officers are working special
events, and it are also...
Commissioner Plummer: That is one.
Chief Ross: ...includes civil disturbances that the officers respond to. All
of that...
Commissioner Plummer: Chief.
Chief Ross: ...is embodied in your regular overtime.
Commissioner Plummer: The point I am trying to make is, that when the Manager
stands up here and says that we get three million dollars in traffic
violations, the net figure to the City, as Mano has just explained to us, is
one million.
Mayor Suarez: Yeah. That may be right. That may be right. But it is a
positive cash flow from them.
Commissioner Plummer: Oh, yeah.
Chief Ross: The total expense for the operation of the motor unit is around
seven hundred thousand dollars.
Commissioner Plummer: Mr. Mayor, that is from all...
Mayor Suarez: I understand.
Commissioner Plummer: ...police officers who write violations...
Mayor Suarez: I understand.
Commissioner Plummer: ...patrol, not just motorcycles. No way, because you
only have 13 men.
57 July 9, 1992
0
Mayor Suarez: And, and, and...
Chief Ross: May I make a statement here, and I understand that the dollar
amount on this is very important, but aside from that, as an administrator
over here I am looking at the operational aspects of my department, and
looking at officer safety issues when we are dispatching motor units versus
vehicles to certain incidents.
Mayor Suarez: There are some situations where you need to have a motorman is
what you are saying,...
Chief Ross: Absolutely.
Mayor Suarez: ...because they just have...
Chief Ross: And they are much more efficient.
Mayor Suarez: ...incredible maneuverability.
Chief Ross: Absolutely.
Commissioner Plummer: No question.
Mayor Suarez: All right. And who dispatches them for those situations when
there is not a normal traffic deployment situation, like we see here on South
Bayshore? Is that done by the captain? I mean what situations are those
where all of a sudden you...
Chief Ross: The decision would be made by a supervisor.
Mayor Suarez: OK. During the shift that they are there. Obviously, they are
not there at night...
Chief Ross: That is correct.
Mayor Suarez: ...so the two other shifts. When the specialized units... We
have got almost 193 folks, officers. We have talked rather extensively about
mounted police and motormen. What are some of the other specialized units?
Street narcotics. I think we all know the value of street narcotics. How
many officers are involved in that, typically?
Chief Ross: Between street narcotics and our task force, 42.
Mayor Suarez: Forty-two. Now, is the sexual battery and the homicide unit,
are these under these...
Chief Ross: No, sir.
Mayor Suarez: ...or those are under the whole different category.
Chief Ross: That is correct.
58 July 9, 1992
Mayor Suarez: Because there is a Miami Herald reporter who happens to be here
with us today, Rachel. I am not going to pronounce here last name, who asked
this morning if it was true that we were going to combine sexual battery with
homicide, and I didn't really know the answer to that. Is there anything you
want to, without confusing too much the issue, that you want to state on the
record on that?
Chief Ross: We had that... We have had that before. There are no plans,
currently, to combine the two inasmuch as there are very sensitive issues in
dealing with sexual battery...
Mayor Suarez: Obviously.
Chief Ross: ...and child abuse cases.
Mayor Suarez: Obviously.
Chief Ross: Now we have moved them physically out of the same office, and we
have also assigned specific investigators that will deal specifically with
those sensitive areas.
Mayor Suarez: My intuitive answer by the way was that there were probably a
lot of functions carried out by those two units that were, in fact, similar in
nature. They are specialized. They might involve having to travel out of
town. Getting the cooperation of the FBI in other jurisdictions, et cetera,
et cetera. So there may be some similar functions that they carry out but
there is also...
Chief Ross: We have assessed that and we are currently looking at that, but
as of this date there are no plans...
Mayor Suarez: All right.
Chief Ross: ...to combine the two.
Mayor Suarez: All right. Her question is answered. She 1s over there hiding
behind the City Clerk.
Commissioner Plummer: Can I offer you this? It is a complete breakdown as
you are going through...
Mayor Suarez: Yes.
Commissioner Plummer: ...each unit.
Mayor Suarez: Please.
Commissioner Plummer: This is what I think you are looking for.
Mayor Suarez: Yes. And... But I am also hoping as we go through it, that I
can illicit a sort of spontaneous response that shows me that the Chief, and
his higher brass here know, and the Manager for that matter, knows off the top
of their heads how many people are doing what, because I am expected to know
that. When I go out in the general public they want to know how many officers
59 July 9, 1992
AOL
do you have doing this? How many are on the street? How many are doing
investigations? And I am trying to see if you know it, but, yes, the
breakdown is here. The Marine Patrol unit I understand is considering a
physical move from wherever it is they are located to somewhere close to City
Hall. Is that...
Chief Ross: Which unit is that?
Mayor Suarez: Marine Patrol.
Chief Ross: They are looking for another location. Yes, that is correct.
Mayor Suarez: All right. Is there any thought that Marine Patrol, and by the
way, I have recently sent a letter of commendation to the job that they did.
But 1s there any thought that maybe we really really have to defer to people
maritime jurisdiction, Coast Guard, Florida Marine Patrol, et cetera for that?
County has some Marine Patrol too, don't they?
Commissioner Plummer: Oh, lord, yes!
Chief Ross: Yeah. But, however, with the responsibility that the City of
Miami has for patrolling the waterways, particularly the Miami River, our
marine patrol...
Mayor Suarez: We need to have at least six people.
Chief Ross: Absolutely.
Mayor Suarez: All right.
Chief Ross: You need to have more than you have now, but we obviously know we
can't afford it.
Mayor Suarez: At least. All right.
Chief Ross: This Commission, through resolution, asked that those... the
equipment for the Marine Patrol be renewed every two years. That is to
include boats and motors. Unfortunately, that has not taken place.
Mayor Suarez: All right. Chief. Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, first I would like to take the privilege to
thank Ron Silvers, for him to convey to the rest of the South Dade Delegation
how pleased and happy we are that you fought as hard as you could to get the
little bit that you did get for us, and we appreciate it. Now,...
Commissioner Plummer: You are not going to say anything about him running for
Senate are you?
Commissioner Dawkins: Which Senate?
Commissioner Plummer: What district? That is the district that he is running
for up there on the north end, where that motorhome that says, you know,...
60 July 9, 1992
1% 4
Commissioner Dawkins: Yeah. But, but, but, it hinges...
Commissioner Plummer: ...Silver for Senate.
Commissioner Dawkins: But is splits Florida and Georgia. So which side...
which... where 1s he going?
Commissioner Plummer: But don't say that Miller because that would be
political.
Commissioner Dawkins: OK.
Mayor Suarez: Thank you.
Commissioner Dawkins: You know I have a problem with all of this in that we
are referring to statistics dealing with poverty, referring to statistics
dealing with crime, we are referring to federal funds that are nonexistent, in
existence. We are referring to cleaning up under I-395, when yesterday the
courts for once did not pick on the City of Miami, and decided to pick on...
give the responsibility to the County and the State, but my concern is we do
not have enough policemen. And we, as elected officials, aren't doing
anything about it. The last election nobody challenged nobody who was running
for the Commission, what you going to do about crime? Nobody challenged
nobody to find out how can we address our criminal problems, but next year, in
193, when I run, it will be 16 black people out there running against me who
will say, you did not reduce crime. I have no problems with it, see. But you
need to be fair. All of us up here run. All of us get elected. Why do black
people only pick on me?
Commissioner Plummer: Because they love you.
Commissioner Dawkins: Now... OK. They love the way I look.
Mayor Suarez: Can anybody answer that question, folks?
Commissioner Dawkins: Now, I need to know from the Manager how many officers
retired in your go -home give-away program.
Mr. Odio: We lost 48.
Commissioner Dawkins: Forty... We lost 48 officers. OK. And so... and on
top of that... we lost 20 so that is 48 and 20 is 68. All right. We lost 68
people. No where have I seen any place where these people were replaced.
Mr. Odio: We replaced 28.
Commissioner Dawkins: And yet in my neighborhood, in Little Havana, in Little
Haiti, crime is rampant. You know I understand although I don't agree with
them. I understand what the people in Coconut Grove are saying.
Commissioner Plummer: That is right.
Commissioner Dawkins: You know. I am paying my money but I am not safe, and
you are not addressing the issue.
61 July 9, 1992
Commissioner Plummer: That is right.
Commissioner Dawkins: You as a Commissioner, you are doing everything but
making my neighborhood safe. I understand what the people downtown are saying
when they want to hire Wackenhut, when they are paying money for police. But
if you go downtown right now there are no police walking the streets to make
the merchants and the people feel safe. But we are not doing nothing about
it. We sit up here and argue about a budget, and we argue about what we ought
to do. We give the Chief hell because his numbers don't add up, and yet
everybody left the Police Department and they were not replaced. But nobody
in the community raised hell. You all say, ah, the Commissioners, you all
doing a good job, and the street are just as unsafe as they can be. They
stole my car from in front of my house, the Commissioner. They took the
Mayor's car from in front of his house, the Mayor. They break into J. L.
Plummer's neighbor's house, and yet we aren't doing anything about it. And
that is only half of the problem. In GSA (General Services Administration),
Mr. Manager, how many men went home with the new give-away program, in GSA?
Mr. Odio: I don't remember GSA. We lost 264 people in the City.
Commissioner Dawkins: All right. Two hundred and sixty-four people. OK.
Well since you don't know you guess at how many of them were mechanics. Guess
at it.
Mr. Odio: How many, Ron? Five.
Commissioner Dawkins: Did you replace them?
Mr. Odio: We replaced some of them, yes.
Commissioner Dawkins: Did you replace the five that went home?
Mr. Odio: Yes, we did.
Commissioner Dawkins: All right. Name them. Name them.
Mr. Odio: Ron, you want to name them?
Commissioner Plummer: Wait a minute. May I inquire while he is coming up?
Commissioner Dawkins: Yes.
Commissioner Plummer: We are losing something. That whole, as he refers to,
give-away program was predicated on the number that went out, that the
maximum, Mr. Manager, I had your word...
Mr. Odio: Wait. That is exactly right.
Commissioner Plummer: The maximum that would be hired back would be fifteen
percent of those that went out in number.
Mr. Odio: Well, we done have more or less that. We lost last year...
62 July 9, 1992
Commissioner Plummer: No, no, no, no. That is a very... Because...
Mr. Odio: No. Yeah. You are right.
Commissioner Plummer: ...without that... without that we did not save a
dime.
Mr. Odio: You are absolutely right.
Commissioner Plummer: There were two factors that made that give-away program
give away. One, that the new people starting would be on the second tier of
rehiring,...
Mr. Odio: Absolutely right.
Commissioner Plummer: ...and that there was an assumption rate that was
reduced. I am sorry. That was increased for pension, and the most important
key factor was the fact that they would not be hiring back more...
Mr. Odio: Let me.. The last number...
Commissioner Plummer: ...than fifteen percent of the number.
Mr. Odio: OK. The last number I saw, we lost this year, about 310 people.
We have replaced 48. And that...
Commissioner Dawkins: You lost 310 how?
Mr. Odio: By retirement. The early retirement.
Commissioner Dawkins: You told me... You just told me 200.
Mr. Odio: You asked me about the special program. On the early retirement
plan we lost 264, Commissioner.
Commissioner Dawkins: And...
Mr. Odio: And besides that we have lost other people that have decided to
retire.
Commissioner Dawkins: All right. How may have we lost for the total year?
Mr. Odio: The last number that I saw was 310.
Commissioner Dawkins: We lost 310 people?
Mr. Odio: Right. Somewhere in there.
Commissioner Dawkins: OK. All right. And of those 64 were policemen.
Mr. Odio: Of those, 64 were policemen.
Commissioner Dawkins: How many were firemen?
63 July 9, 1992
Mr. Odio: We lost 71 firefighters.
Commissioner Dawkins: Seventy-one firefighters. All right. Now.
Mr. Odio: And we did not replace any.
Commissioner Dawkins: You did not replace any?
Mr. Odio: None.
Commissioner Dawkins: OK.
Mr. Odio: And we are doing the same service we were doing before even better.
Commissioner Dawkins: You are not doing the same service, and don't tell that
lie.
Mr. Odio: I will tell you...
Commissioner Dawkins: I am not receiving the same police service in my
neighborhood that I was getting, Mr. Manager.
Mr. Odio: Well, I don't think you should call me a liar.
Commissioner Dawkins: Well, I am because if you... well you... You cannot
tell me...
Mr. Odio: I think we should keep this at another level.
Commissioner Dawkins: OK. You are not telling the truth. Is that better?
Mr. Odio: I am telling the truth that the...
Commissioner Dawkins: You are because...
Mr. Odio: ...Shorty here...
Commissioner Dawkins: ...I do not have the same level of police service in my
neighborhood, Mr. Manager.
Mr. Odio: I was referring to the firefighters, Commissioner.
Commissioner Dawkins: No, no. OK. Well. I beg your pardon.
Mr. Odio: And I will tell you this much...
Commissioner Dawkins: I beg your pardon, and I am sorry.
Mr. Odio: OK.
Commissioner Dawkins: I am not talking about the Police Department I am
talking about, I mean the Fire Department. I am talking about the Police
Department.
64 July 9, 1992
Mr. Odio: The Police Department... The Chief made a statement that we have
more police officers out on the street today than we had last year, in spite
of...
Commissioner Dawkins: But where are they?
Mr. Odio: He will tell you again.
Commissioner Dawkins: No, no, no. I want you to tell me. I don't pay him.
I can't fire him. I want you to tell me.
Mr. Odio: Where are they?
Commissioner Dawkins: Yes.
Mr. Odio: They are out on the streets. They are out on the streets.
Commissioner Dawkins: OK.
Mr. Odio: Crime this year has gone down in the City of Miami because of the
work that these policemen have done.
Commissioner Dawkins: Crime statistics...
Mr. Odio: Have gone down. And that is the only measure that we have.
Commissioner Dawkins: OK. Mr. Manager. OK. Never mind. I am not going to
argue. I know better. All right.
Commissioner Plummer: Well, no. I think...
Commissioner Dawkins: OK. Hold it. Hold it. No, no, no.
Commissioner Plummer: Excuse me, Miller, you have got to continue to argue
because this is where this whole damn thing is falling apart. It is falling
apart. And you know what? The way it is going today we are going to .walk
away from this table, and there is not going to be a damn thing changed.
Commissioner Dawkins: That is right. You are right.
Commissioner Plummer: OK. And let me tell you something. I have made this
statement, I am going to continue to make this statement, and the Chief and I
agree. You can't continue to do business as usual as we have been doing in
this City.
Commissioner Dawkins: That is right. That is right.
Commissioner Plummer: The damn thieves aren't doing it as business as usual. '=
They are better financed than we are, and we are spending ninety million
dollars for a Police Department. ?�
1
Commissioner Dawkins: That is right.
65 July 9, 1992
Commissioner Plummer: And somebody better remember that the Manager has
informed us that we are going to be down in our budget. It is a number what
we don't know, but we are going to be down from a two hundred million dollar
budget, reduced the first time that I can remember in the 21 years that I am
here. All right. So, what somebody better understand is that these are the
numbers that we have got to worry about, and you have to continue to argue
because if you don't continue to argue, you are going to walk away from this
table, and there is not going to be one iota of change.
Commissioner Dawkins: OK. All right.
Commissioner Plummer: It is going to continue to get worse.
Commissioner Dawkins: I'll continue. Three hundred and ten people were lost
through whatever. They were lost out of the Police Department, where I am not
getting... And when this happened I asked the Manager four times, will you be
able to maintain the same level of services. He told me yes, and he has not
maintained them. You do not have enough mechanics to repair the police cars,
and keep the police cars running. You do not have enough mechanics to repair
the fire personnel's vehicles, to keep them running. You do not have enough
people in personnel, and by the way, that is coming up... J. L. says he has
got a pet project, I have got one. You spent five million dollars in
computers.
Commissioner Plummer: Seven.
Commissioner Dawkins: You got one person doing the computers in the jail, I
mean, in the Police Department. You got one person in the Computer Department =-
doing computers. You forced me to vote to computerize personnel, saying that
it would be computerized, and you have persons over there now doing all of the
personnel by hand. It is not... the Personnel Department is not computerized
at all. And there is one person over there that is doing personnel work. So, -
therefore, all we have... did was set here and allow the Manager to juggle
what he called reorganization and what have you, and lay people off, and now -
we got another golden parachute that they are looking to, saying early
retirement. You got nobody to do the work now. If you let some more people
go early retirement, and nothing has been saved. Now let me read to you what
happened when I first came on board. The budget, fiscal year 182-83, when we
had the same problem. That last to City budgets have reduced more City
services to provide expansion and improvement of police and fire service. —_
Approximately twenty million was removed from all other City operations, while
funding for police and fire, operation rose by twenty-two point four million
during this period. These reductions necessitated the layoff of 260 City
employees as well as the elimination of 740 CETA (Comprehensive Employment and
Training Act) positions. The results of these cutbacks was a deterioration of
service. Trash collections were reduced from one a week to once every two
i
weeks. Park mowing and cleaning was reduced in frequency. Recreation program
and service was cut back. The twenty-two point four million diverted to the
police and fire was a wise necessary decision by the Mayor and City Commission
to respond to the escalating crime rate of such proportions that a public
safety emergency existed. Beginning in the summer of 1980 the City Commission
authorized 100 additional sworn officers, and 81 additional civilians, and
they did that in order to fight crime. It was necessary. But this Commission
sits here and listens to a lot of rhetoric about what we are going to do.
3-
66 July 9, 1992
E
Crime is running rampant. The citizens are upset, and we are up here arguing
about what we are going to do, when we all know, and if I am in error I want
any Commissioner up here to tell me that he does not know that we don't have
enough police to fight crime, and I am finished. Thank you.
Mayor Suarez: Chief, on the specialized units, is PIO (Public Information
Officer) one of those?
Chief Ross: Yes, sir.
Mayor Suarez: All right. For the record, Commissioners...
Chief Ross: PIO, I am sorry, reports to the Chief's office.
Mayor Suarez: All right. Mr. Manager, fellow Commissioners, I am going to
put on the record, once again, as suggested by Commissioner Dawkins, we need
to have specific proposals. Otherwise we end the session back where we
started. It is my view, it is not the first time I say it, I have done it in
writing, I have done it because I was concerned by the specific functioning of
specific individuals at PIO. That is not the case now. I think they are fine
people, but it 1s my view that we do not need that unit in the way that it is
presently composed, and to the extent that it is presently manned. And I am
going to suggest it again, Chief, the principle Public Information Officer in
the Police Department is yourself. The present Public Information Officer,
administratively in the City, is the Manager, and legislatively, the five of
us, and I, ceremonial. We do not need to have individuals who think of
themselves as police spokespersons. You are the spokesperson for the Police --
Department. You are on 24 hours call. I know you are, and I know when I call
you at home, I don't get a recording of a biblical passages with prior
Chief's. I know Arnold is on call. I know Raul is on call, and I think the -
level of majors, they are on 24 hour a day call. Chief March is on call, and
all of them have to be, all of you have to be. I strongly suggest that you
figure out a way to reconstitute that. Place it under your office. Have a
minimum number of field officers, patrol officers that could be in the street
of the City, and figure out with the Manager how you can field the kinds of
requests for information that also, apparently, these officers are doing.
Because apparently they don't just do public information. They do response to
public inquiries, and if that is what they do most of the time, maybe we
should have some special dispatchers who are specially trained to handle that.
Some of your high ranking officers. Some of the people that are standing
right around you, Chief. Some of the people that are standing right around
you. The Longueiras of this world. The Gibbs, et cetera, et cetera. That is
the way I feel, and let me just put that on the record, again, and Mr. Manager L
I will be looking for those kinds of reforms because we have got to have more
officers in the street. Now, to get to the point now that you have 138, 195
and 254, roughly, the three zones, regions whatever we call them._
Commissioner Plummer: There is eight zones. !=
Mayor Suarez: OK. The three...
Commissioner Plummer: Four regions, eight zones. !_
67 July 9, 1992
Ll
7
Mayor Suarez: ...areas of the City. Substation, stations whatever. Al
right. These people are presumably patrol officers for the most part. The
hundred and ninety five in the south, the 254 downtown, the 138 in the north
substation.
Commissioner Plummer: Not all patrol.
Mayor Suarez: Mostly patrolling.
Commissioner Plummer: No.
Mayor Suarez: Al right.
Commissioner Plummer: No.
Mayor Suarez: What are they doing? Why aren't they patrolling?
Vice Mayor Alonso: How many are patrolling?
Commissioner Plummer: No, no. They are not patrol.
Mayor Suarez: All right. We are going to get to that, if they are not. I am
assuming that. Now subtract from those individuals, those that are not
patrolling, and why are they not patrolling. Presumably you need a few, I
guess, that are manning the office, et cetera.
Chief Ross: But those numbers... I am sorry. Go ahead.
Mayor Suarez: Yeah. Those are your figures. What are they doing that they
are not patrolling, and of the ones that are patrolling, how can we get to the
ultimate question, I know it is not a preventive situation, it is post crime
situation. But how do we solve the argument of a State Representative, in the
Roads area of Miami, and many citizens, that it takes a half hour or forty-
five minutes to respond to a call. I know the crime has been committed, but
people...
Commissioner Plummer: I told you how to eliminate it.
Mayor Suarez: ...are still fearful for their lives. They are fearful for
their property. They are wondering why it takes so long for the police to get
there, and that is the second question that I think they are asking
themselves. Many are asking how come they don't see the officers more in a
preventive situation, and that is a tough one to answer. We just don't have
as many as we would like. That was what Commissioner Dawkins was referring.
But of the ones that are out there patrolling, with cars, with radios, how do
you answer service calls in a way, and what are the priorities in a way that
sometimes it takes a half hour or forty-five to attend to, in the case of the
State Representative I was mentioning, Al Gutman, to respond to a situation
where he has apprehended, he himself, with the help of some neighbors has
apprehended a criminal, and it takes a half hour to forty-five minutes for one
of our officers to get there. How do we prioritize? Why is it that the Fire
Department can answer with four and a half minutes? What are they doing in
their deployment? In their response to fires and emergencies that allows them
to have a pretty... You laugh, lieutenant, and you can laugh and smile all
68 July 9, 1992
AL AMAL
IV IV
you want. These are the questions that people... I have some idea of what
the answer is. These are the questions that people want answers to. I mean,
with all due respect, that is what they want answer to. They want to know why
it takes a half hour to forty-five minutes when a crime has been committed, or
is even in the process of being committed, and it is not the Mayor calling,
and it is not the Commissioners calling, but it is some other citizen. Why?
And how does it work? You have got 195 at one substation. You got 138 in the
other one. Obviously, you have three shifts so you have got to begin by
dividing it into three. Plummer always points out that you got to divide it
into four because it takes four officers to handle three shifts, for all the
reasons that we know.
Chief Ross: May I cut you off one minute?
Mayor Suarez: Yes. That is the basic question that is out there 1n the minds
of a lot of people.
Commissioner Dawkins: What the Mayor is saying to you is true. On the 4th of
July I had a picnic. Two individuals got lost, which I can understand, coming
to the picnic. OK. Snatch and grab, they took the purse. The two
individuals come to my house because they were headed to the picnic which was _
across the street from me, and the lady was, I mean, just shaken up. And it
happened to have been Betty Casper and Ms. Feinberg, the two school board
members, and they were just to pieces. But, luckily, we had an officer there =
who had remained over from the picnic who calmed their fears down. But like
the Mayor is saying, after the crime, the people are still in a state of
shock, and we got somebody but we had everybody in the area covering a
shootout. But somebody left the shootout and she could see that they were
sincere because they still had on their flak jackets and all. But what the —
Mayor is saying, that's -just an example to prove his point, that the people
are still in shock. --
Chief Ross: I believe the Mayor's concern...
Mayor Suarez: How does that work? Now, how do we go from the people that are
assigned to those three stations to the patrolling and the answering of crimes =_
that have been committed and service calls?
Chief Ross: Your concern, and your overall question - these are just points - r=
but your overall question has already been answered, you know, very well I '
think by Commissioner Dawkins, Commissioner Plummer and yourself. The issue
is one of sheer volume, in terms of officers' response, and in terms of the
time it takes for an officer to arrive at a call and the prioritization of
calls. It's sheer volume. And there comes a point in time.
Mayor Suarez: How many are actually available at any one point in those three
areas? Of the 138, the 195 and the 254, how many people do you actually have
in bodies? I think it's... It cannot be just 50 in the entire City at any one
time, can it? _--
Chief Ross: No. It varies in those different locations during the different
shifts.
s�
i6
a_
69 July 9, 1992 o
1=
t.
Mayor Suarez: Well, give me a typical one. Let's say the...
Chief Ross: Patrol north.
Mayor Suarez: Right. Let's do the north.
Chief Ross: Let's say the north end of the City during the day shift.
Mayor Suarez: Right.
Chief Ross: There are an average of 44 officers that would be assigned. Now
that's just the patrol officers. That does not include the officers in a }=
specialized function that we spoke about.
_ L
Mayor Suarez: Of course. And that reflects... 44 reflects roughly, by the
Plummer rule of dividing by four because you've got three shifts and you have to have an extra factor for people who are ill...
Commissioner Plummer: No, no, no. That's 44 at a given time.
Mayor Suarez: Right. So it's 44, which is roughly one fourth of the 138.
OK? That makes sense. All right. So you've got 44 because you've got a
total of three shifts and you've got to add another factor of one. So you've -_
got 44 at any one time available.
Commissioner Plummer: Are you speaking now of 10 and 20 sector, Chief?
Mayor Suarez: Why are you shaking your head, saying no?
Chief Ross: I'm sorry.
Commissioner Plummer: Are you speaking of 10 and 20 sector?
Chief Ross: That's correct.
Commissioner Plummer: In patrol?
Chief Ross: North end.
Commissioner Plummer: You've got 44 police officers?
1=
Chief Ross: No.
f`
- Commissioner Plummer: No wayl z
Chief Ross: He asked... Listen. g=
=i Commissioner Plummer: No wayl=
Chief Ross: He asked patrol...
-? Mayor Suarez: How many at any one time...
- Chief Ross: Patrol north,... !_
_ 70 July 9, 1992 Pf
e=
4
—i
Mayor Suarez: ... are deployed out of the north?
Chief Ross: ... A shift assigned, you've got to take into consideration - and
I'm talking total numbers assigned patrol north, A shift.
Commissioner Plummer: I'm talking about... What the Mayor asked you...
Mayor Suarez: Yeah, it's one shift.
Commissioner Plummer: ... at one given time...
Mayor Suarez: That's one shift.
Commissioner Plummer: ... in 10 and 20 sector, which is the north station,
how many POs (police officers) do you have on the street? It is not half of
44. Mr. Mayor, I'll give you...
Chief Ross: No, it would be...
Mayor Suarez: OK. Let me just see.
Chief Ross: You would look at...
Commissioner Plummer: I'll give you P-sheets.
Chief Ross: You look at half of that number, if you are talking at a specific
time.
Mayor Suarez: Yes.
Chief Ross: Total assignment.
Commissioner Plummer: At a time.
Mayor Suarez: Why do you get the...
Chief Ross: But you have days off. You have days off and then you've got to
keep in mind the officers are working four days on and three days off. Then
you have an overlap because you have another group that comes on to replace
them. So for the total A shift, there are 44, but in any given day, the
average would be half of that.
Mayor Suarez: Well, so you have a half factor on the number of people who are
In fact deployed from the total number in the shift. Wow!
Commissioner Plummer: Less.
Commissioner Dawkins: The actual number is 11, Mr. Mayor.
Commissioner Plummer: Actually less, because he's including...
Mayor Suarez: So it's a quarter factor.
71 July 91 1992
Commissioner Dawkins: Yeah, quarter factor.
Commissioner Plummer: Excuse me. Mr. Mayor.
Commissioner Dawkins: Eleven.
Commissioner Plummer: He's including supervisory personnel. Look. You...
Chief Ross: And I believe the bottom line factor here is, it's very clear
what all of you have said, is that sheer volume and the need for additional
personnel or other strategies. One of the strategies was brought out by
Commissioner Plummer. One issue I agree with, and that is if you continue to
have police officers respond to write every report that is necessary, you are
losing valuable manpower. Replace those individuals with report writers.
There are certain calls and certain reports that police officers must write.
We can't get away from that. But once we max out with, let's PSAs, then we
can release police officers to do more preventive work and stop being
secretaries, on the street. I can agree with that.
Mayor Suarez: Excuse me, Chief. I would like the Manager, please to follow
this discussion. We... It is struggling to think that the factor now becomes
not even half of the shift, but a quarter of the shift. Is that how many are
actually out there?
Commissioner Dawkins: Eleven.
Mayor Suarez: Eleven officers at a given time?
Chief Ross: You would have at least about 16, 15 or 16.
Mayor Suarez: OK. On a real good day you have 20, but on a bad day you have
16?
Commissioner Dawkins: No, on a good day you got 16. On every other day, you
got 11.
Chief Ross: If you are not counting supervisors, and I understand you are
subtracting your sergeants and lieutenants and command personnel.
Mayor Suarez: Well, I don't have any problem keeping them in there if they
are patrolling, which I have been saying that they should be. Sergeants,
lieutenants, captains for all I care, and majors and assistant chiefs.
Chief Ross: Those individuals are doing operational...
Mayor Suarez: All right.
Chief Ross: ... duties. They are on the street, from time to time, yes.
Mayor Suarez: Now, the number gets reduced, I guess, to the point that at any
time we have in patrol cars, in the City, the figure of 50 or 60 at a time.
Is that a rough estimate? You have about 50 or 60 officers in patrol cars on
a typical moment of the day? +i
72 July 9, 1992
A-, t
Lt. Longueira: At a minimum.
Chief Ross: Forty.
Mayor Suarez: At a minimum.
Lt. Longueira: Right. There are times there's a tot more.
Mayor Suarez: Yes. And if we have a riot, there's many, many more. All
right. Fifty or sixty. Now, remember I did those curves, that you provided
them? I did the analysis, or suggested the analysis, and you actually carried
it out, showing the peak hours for crime during the day versus the deployment
of officers. Your shifts... The three shifts, let's give the hours. One
begins at what time in the morning?
Lt. Longueira: Six thirty.
Chief Ross: Six thirty 1n the morning is your...
Mayor Suarez: I was going to say seven. OK. Six thirty.
Chief Ross: Three. And nine p.m.
Mayor Suarez: OK. The nine p.m. shift maybe, maybe should be switched to a
slightly later shift, where we can have a very, very small presence... The
crime does begin to drop. Thank God they go to sleep at some point. It
begins to drop drastically after ten p.m.,...
Vice Mayor Alonso: You really believe that?
Mayor Suarez: ... drastically after ten p.m.
Vice Mayor Alonso: Do you really believe that there is less crime at night?
Mayor Suarez: Your figures...
Lt. Longueira: No, that's when we need it. After midnight, it drops.
Mayor Suarez: All right, after midnight. All right. So maybe there should
be a shift midnight to eight in the morning, if they are eight -hour shifts,
where we have a lot less deployment. You have almost equal assignment of men
in the three shifts of officers. Very close. Very close, Raul. I mean, you
are kind of shaking your head, but it's very close. And they don't follow the
rates of crime committed and service calls. They don't follow it. They are
off... They do follow it to a great extent, but they are off in those night
hours. My suggestion. All right, now why then in the prioritization of those
60 people who are out there patrolling, with radios, high-tech, they know, and
I think your dispatchers know, exactly where they are all the time. Don't
they? We are not so...
Commissioner Plummer: No.
Mayor Suarez: No?
73 July 9, 1992
Commissioner Plummer: Definitely not.
Mayor Suarez: We don't have yet a system like you have for transportation in
New York City where you know...
Commissioner Plummer: No, sir.
Mayor Suarez: ... at all times where everybody is?
Commissioner Plummer: We paid for it in the bond issue. They never qualified
a system that was within the reach of what they call "vehicle identification."
We can't do it. Our system is too big. Our territorial is too complex.
There are systems that are operating in places where they can tell you within
50 feet where a police car is actually on a map.
Mayor Suarez: All right. But we don't have...
Commissioner Plummer: Ours can't do it.
Mayor Suarez: We don't have that?
Commissioner Plummer: No, sir.
Mayor Suarez: But we do have the ability to communicate with them and they
give their location right away.
Commissioner Plummer: That is correct.
Mayor Suarez: And...
Commissioner Plummer: If, in fact, they are listening to their radio. Now
there's many times, Mr. Mayor, that you'll have a police radio that will go
down, the battery will go dead, the policeman will go off to another channel
and forget to go back to his channel. There's many reasons.
Mayor Suarez: Question. Question on that.
Commissioner Plummer: But under normal circumstances, yes.
Mayor Suarez: Because I have a problem with my radio. Do we have, Mr.
Manager, do we have battery testers? Do we have any way that a police
officer, before he leaves, can tell what the charge on his battery is? Other
than simply that it's within range, but I mean, not the actual voltage that is
left there.
Commissioner Plummer: The answer is not in the Police Department, we do not
have that capability. In the Communications Department, we do. The problem
with batteries, Nicod batteries have memories. If they don't drain them
completely, when they put them in a charger, they don't full completely.
Mayor Suarez: Well, we should not really, technically, Chief, and if you ever
come to us with a system...
Mr. Odio: We just bought a...
74 July 9, 1992
Mayor Suarez: ... that guarantees that you will never have a police officer
with a radio that goes out, fail safe, secondary...
Commissioner Plummer: There's no such thing.
Mayor Suarez: I think there is.
Mr. Odio: We just bought some new equipment.
Mayor Suarez: We should be in a position of providing that to you, and if any
of us here vote against that, you know. I think we ought to have our heads
examined.
Commissioner Plummer: No, we have...
Mayor Suarez: Now, on the assumption that you can reach all of them...
Commissioner Plummer: ... the best radios made.
Mayor Suarez: OK. On the assumption that you can reach all of them, how do
you tell them where to go at any particular time when there's a service call?
How many calls do you have that are constantly being handled at a typical
moment? And how do you prioritize? And why would it take more than a half
hour to get to the Roads area of the City, in the case of a State
representative apprehending someone physically, as he claims that he did? And
I'm sure Plummer's done it a few times, and Dawkins and a few of the other
ones that have been around here. Maybe Alonso has also physically apprehended
some.
Vice Mayor Alonso: In my case, it's always 40, 45 minutes if we call. So I'm
not...
Chief Ross: Well, when you look at the entire...
Commissioner Plummer: You see, Mr. Mayor, the reason... This is exactly the
crux of what I'm trying to tell all of you. We get three PSAs for every
policeman. The major problem that we have is that the policemen are sent out
to write reports. When they are out writing a report, they are not available
and in service to be designated to a priority call. You will hear all day
long on the police radio that I have a 25, which is a burglar alarm, which is
a priority call, and units are not anywhere near necessary to come and to
respond. That is all day long. Now if you had PSAs writing those reports to
let the policemen be up, your response time to those kind of calls would be
cut by eighty percent (80%). Eighty percent (80%). And that's the very key
issue that I'm trying to make, that you are using the average of $55,000.00
personnel to do what a $17,000.00 job is allowed to do by the State of
Florida. Make PSAs write reports and let the policemen fight crime. They are
not being able to do it because we don't have people to write these reports
that have to be done by State statutes.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Commissioner De Yurre.
75 July 9, 1992
E.
Commissioner De Yurre: I basically have...
Vice Mayor Alonso: Mr. Mayor, I've been trying...
Mayor Suarez: Vice Mayor yields. Thank you,...
Vice Mayor Alonso: Yes.
Mayor Suarez: ... and then we'll get back to the Vice Mayor.
Commissioner De Yurre: I basically have one question. We have been at this
for well over two hours. I don't think that the Chief has heard anything that
he hasn't heard before. My question of the Chief is do you have any proposals
that you are going to tell us about now? - as to some changes you are going to
be making. Where are we going from here? Because if not, this could drag on
all day and we'd get nowhere. And if you have some suggestions or a game plan
or something that will more or less get in tune to what is being said here,
I'd like to hear about it so we can discuss it in the next 33 minutes.
Chief Ross: 1 appreciate your question, Commissioner. One of the points that
was made by Commissioner Plummer is one of my proposals, and that is that we
remove the responsibility of writing certain reports from our police officers
and give it to Public Service Aides, freeing up our police officers to do
police work.
Commissioner Plummer: That is the key.
Chief Ross: At the same time, once again, there is a certain amount of
reports that must be written by police, and I'm also very concerned about an
officer's safety issue. The continued deterioration, or eroding, of our
workforce, at the tune of some four police officers a month due to attrition,
and they are not replaced, is going to hamper our effectiveness and is going
to, most importantly, cause a great amount of officer safety concerns. And
I'm very concerned about that. I believe that we need to direct our attention
to hiring those civilians to replace officers that are in the Police
Department, to release them to go out on the street so that we can deal with
our officer safety issue, bring in the Public Service Aides so that they can
give our police officers some relief from writing reports, and at the same
time maintain a level of specialized units that can take care of preventive
patrol and do some preventive measures which will impact on crime greater than
the reactive measures that we are taking. We have implemented our
Neighborhood Resource Officer (NRO) program, which is a community -oriented
policing concept. This concept does wonders to tie in the community with the
Police Department. It's their community. They should have an input as to how
this Police Department is policing their neighborhood and that's what this
concept does. The Police Department can no longer close its doors to the
community and say we will give you what we think you should have. We have
sought to open those doors through this community -oriented policing concept.
That is the Police Department's position in the future for dealing with this
community, is to individualize the neighborhoods by placing officers there to
deal specifically with the needs of each community. We have our community
neighborhood concept known as our subcouncils that have worked wonders with
the Police Department to come up with strategies to deal with problems
76 July 9, 1992
specifically as it relates to their neighborhood. These are the types of
things that we are looking to do, but any police department, any administrator
tell you that none of these things can be done without added cost and added
personnel to your police department. And Commissioner Dawkins made the point
very clear that when you are in a state of crisis in terms of police and fire
service, then the citizens of this City should receive attention directed to
those areas that are in crisis, and right now it's crime and fire service.
Commissioner De Yurre: Let me ask this of the City Manager. One of the
things that I believe has been quite successful was through the NET program
the intensifying of police officers, and I know it cost an arm and a leg to
get the overtime out there...
Commissioner Plummer: A million dollars for 45 days. A million dollars for
45 days.
Mr. Odio: And we arrested...
Commissioner Dawkins: That's for the first 45. That's another...
Commissioner De Yurre: Now, how successful was it really? - as far as
deterring crime. Do you have statistics on that?
Mr. Odio: We had... The last report I saw, we had arrested, new arrests of
4,500 felonies and other types of arrests, 4,500. It went from reactive to
proactive police work for a change.
Mayor Suarez: But is that being now felt in terms of less crime?
Mr. Odio: Yes, it has.
Mayor Suarez: Can you give us some statistics to support that argument?
Mr. Odio: Yes, we do.
Mayor Suarez: Can you give them to us?
Commissioner Plummer: That's a subjective analysis of the Manager.
Mr. Odio: Well, it's funny. You know,...
Commissioner Plummer: Don't ask the citizenry for the same question.
Mayor Suarez: We would like some statistics, Mr. Manager, to support that, if
you have them.
Mr. Odio: Yes, we do. The statistics are used to criticize the Department.
At least let's defend the Department when the statistics are lower.
Mayor Suarez: All right. But let's hear the statistics, and then we'll
defend the Department and the Administration.
Commissioner De Yurre: OK. Now,..,
77 July 9, 1992
ki
Commissioner Plummer: Well, can I ask a simple question?
Commissioner De Yurre: Well,...
Commissioner Plummer: Victor, can I...
Commissioner De Yurre: Can I just finish? You know, I don't say much here.
Mayor Suarez: All right, Commissioner, complete your inquiry.
Commissioner De Yurre: But let me wrap this up.
Commissioner Plummer: Go ahead.
Commissioner De Yurre: You know, I'm easygoing.
Mr. Odio: What we did, Commissioner, we have said it clearly. We had our
police officers reacting by putting teams together that could be proactive
against crime and the police union will tell you this, and the police officers
will tell you this, that it did work, and it does work. You added 160 police
officers to the force with the overtime, and I have said all along that to
hire 160 police officers, this City or any city can't afford it today. No
way.
Commissioner De Yurre: OK. Now, how much would it cost to have, maybe not as
intensified a program as we had for that very short period of time which then
tapered off and has been going up and down a little bit.
Mr. Odio: Well, the...
Commissioner De Yurre: You know, what would be the cost on an annual basis?
I haven't seen anything more successful, at least as far as I'm concerned, as
far as deterring crime and combatting crime than this situation that we had a
couple of months ago. Now what would it cost on an annual basis to maintain
that level of intensity?
Commissioner Plummer: Well, figure it. It's easy.
Mr. Odio: It would...
Chief Ross: We...
Mr. Odio: Go ahead.
Chief Ross: We have calculated that, Commissioner, in response to your
question, and over a one-year period, we'll be able to put that same level of
service in place for $2.2 million.
Commissioner De Yurre: So with an additional $2.2 million,...
Mr. Odio: No, for the total year it would cost that.
Chief Ross: It's for the total year. However,...
Commissioner De Yurre: Oh, for the whole year, you would need another 2.2.
78 July 9, 1992
Commissioner Plummer: No, no, no. Come on now. Please, play fair. You
spent a million dollars in 45 days.
Mr. Odio: No, because... Let me explain something. -
Commissioner Plummer: What do you mean no?
Mr. Odio: Wait, wait. Yes, we did. But let me... Can I explain?
Commissioner Plummer: Hahl
Mr. Odio: Can I explain?
Commissioner Plummer: You got to explain something to me when you spend a
million in 45 days that for 365, you are going to do it for two million. You
got to explain that one to me.
Chief Ross: There was a different strategy in place at the time that we
initiated it.
Mr. Odio: May 1 explain, please?
Commissioner Plummer: Plus the fact, so that you know, that 1t was every
policeman that worked that detail was the greatest Christmas present they
every had. They loved the overtime.
Mr. Odio: They worked their butt off, Commissioner!
Commissioner Plummer: It was all overtime.
Commissioner De Yurre: OK. Well, go ahead and finish your explanation of the
2.2:.
Mayor Suarez: How does it work out to be 2.2, Chief?
Mr. Odio: What we are trying to do...
Mayor Suarez: Please, one at a time, Mr. Manager.
Mr. Odio: OK. Let me...
Mayor Suarez: I think the Chief is going to break down the 2.2 million and
somehow make that consistent with a million in 45 days.
Commissioner Plummer: I want to hear this one.
Mr. Odio: That...
Mayor Suarez: Please. Please, everyone. Let's just try this. Let's try the
mathematics. I'm sure he's going to say that it's a...
Commissioner Plummer: I want one of those kind of calculators.
79 July 9, 1992
Chief Ross: Allow me to say first of all, the strategy that was put in place
initially with the 45 days that Commissioner Plummer is talking about was a
massive influx of police officers on the street to deal with the crime that we
had in place in certain areas. It was a massive impact. We since have been
able to back off and put fewer officers on the street as a maintenance. We
are talking about, over the next year, being able to put in place a level of
maintenance versus what we had to do initially to make the initial impact.
Over the year, we talked about 2.2 million mainly because of the scaled back
operation as well as many of the officers, even today are not taking pay for
the operation, but are using overtime and are taking overtime hours as opposed
to actual dollars.
Commissioner Dawkins: Hold it, Chief, right there. If you take overtime
hours, doesn't that mean that eventually you will be paid?
Commissioner Plummer: Oh, yes.
Chief Ross: Yes, sir.
Commissioner Dawkins: So, you know, so it's semantics, or voodoo economics
because if you've got to spend the money eventually, don't hide it from me
now, tell me about they are taking comp time, when the guy let's it... packs
up, you are going to pay him, plus you got to pay somebody to work in his
place. Do we have to replace him when he goes on comp time?
Chief Ross: The real issue,...
Commissioner Dawkins: No, Chief.
Chief Ross: Commissioner,...
Commissioner Dawkins: No, no, Chief. Just answer me one question. The
gentleman who has the comp time, the officer, because it could be a lady, OV ,
if the officer has comp time, and the officer decides to take five days of
comp time, we got to pay them for going, right? - at their rate, whatever it
is. Is that correct?
Chief Ross: They are paid. That's correct.
Commissioner Dawkins: All right. Now, don't we have to have an officer to
replace that officer?
Commissioner Plummer: Of course.
Chief Ross: Well, yes, of course.
Commissioner Plummer: But wait a minute. Wait a minute. Remember...
Commissioner Dawkins: Well, why... Of course, you got...
Chief Ross: Depending on where that officer is working. That's right.
Commissioner Dawkins: Beg your pardon?
80 July 9, 1992
Commissioner Plummer: Remember how he got the comp time. The comp time he
got at time and a half, not at regular time.
Commissioner Dawkins: Yeah, but he's stilt being paid, but somebody has to
replace him.
Commissioner Plummer: Well, that's the problem.
Chief Ross: Those officers that are taking comp time, in answer to
Commissioner Dawkins' question, those officers that are taking comp time are
granted time off when there is adequate personnel to replace them. You don't
take an officer and allow him to take off and leave a vacancy there that you
have to pull somebody else in from somewhere else to replace him.
Commissioner Dawkins: OK.
Chief Ross: Most often...
Commissioner Dawkins: OK.
Chief Ross: ... we are talking about officers taking time off during overlap
when there...
Commissioner Dawkins: OK.
Chief Ross: ... is an adequate staffing there.
Commissioner Dawkins: OK.
Chief Ross: And further in answer to your question, the figure I gave you of
$2.2 million stands as is, is whether it's pay or overtime. I'm talking $2.2
million. I'm not talking smoke and mirrors here. I'm talking reality. $2.2
million stretched out over the year, whether it's overtime or pay.
Commissioner Dawkins: All right. For the sake of discussion, these comp
hours go for five years before a guy decides he don't want them...
Commissioner Plummer: Or get paid for them.
Commissioner Dawkins: ... and they are still in the bank, he's gotten a four
percent (4%) increase every year, so now he goes out and we have to buy his
time. Will that cost us more money?
Chief Ross: You are absolutely right.
Commissioner Dawkins: All right, sir. That's all I got to say.
Mayor Suarez: All right, Commiss...
Commissioner Plummer: And you are going to buy the time at the salary he's
making at the time he goes out. He might have made $10.00 an hour when he
accumulated the comp time, and by the time that he goes out, he's making
$50.00 an hour, you are going to pay him for the going out rate.
'` 81 July 9, 1992
Mayor Suarez: OK, Commissioners. Commissioner De Yurre was inquiring and
Vice Mayor Alonso wanted to... had yielded.
Commissioner De Yurre: I just have one more question.
Vice Mayor Alonso: I yield and then I'm still...
Commissioner De Yurre: Mr. Manager, 1f we needed to find the $2.2 million,
where would you suggest the money come from?
Mr. Odio: Solid Waste.
Commissioner De Yurre: How would you do that?
Vice Mayor Alonso: He must be kidding.
Mr. Odio: Well, I'm not kidding. We had in the year... You know, he used the
budget i35.00
82-'83, Commissioner Dawkins did. At that time of the year we were
paying 1n disposal fee to the County which translated to $2,000,000.00
or $3,000,000.00 a year. Today, the fee that we receive for picking up
garbage, which is $160.00, doesn't cover what we have to pay the County next
year. It's gone up to $65.00 a ton. They have notified us...
Commissioner Dawkins: In that year, what were you paying a policeman to
start? In that same year.
Mr. Odio: In 182-183?
Commissioner Dawkins: Yes.
Mr. Odio: I don't know. It was...
Commissioner Plummer: About nineteen.
Mr. Odio: I can't remember that.
Commissioner Plummer: Nineteen plus perks.
Mr. Odio: Nineteen thousand.
Commissioner Dawkins: Nineteen thousand. What do you pay him to start today?
Mr. Odio: Twenty-eight.
Commissioner Dawkins: Twenty-eight. So you are talking... You see, you are
mixing "apples and oranges." You are going to pick on the Sanitation
Department talking about a dumping fee,...
Mr. Odio: No.
Vice Mayor Alonso: No.
Mr. Odio: I'm not picking on the Sanitation...
82 July 9, 1992
3{!
AL
1
Commissioner Dawkins: ... for that to be your whipping boy,...
Vice Mayor Alonso: But maybe what he's talking about...
Commissioner Dawkins: ... but yet and still you are damn near double the
entrance fee for a policeman. Come on.
,i Mayor Suarez: wait, wait, wait.
f:
Vice Mayor Alonso: Commissioner, maybe...
Mr. Odio: No, I'm not picking on... You asked me a question.
=j Vice Mayor Alonso: Mr. Manager, maybe you are referring that you are going to
suggest that we save in the recycling program. We have the opportunity
today...
Mr. Odio: There are many things you can do...
Vice Mayor Alonso: ... by the numbers that are going to be presented to us,
we can save several million. Maybe that's it.
Mr. Odio: There are many things that you can do...
Vice Mayor Alonso: When we get there, that might be the money...
Mayor Suarez: All right.
Mr. Odio: ... to begin to save money.
Vice Mayor Alonso: ... that we are looking for.
Mr. Odio: The fact is that we cannot be doing...
Vice Mayor Alonso: Maybe that's what it 1s.
Mayor Suarez: May be a way to save. Commissioner De Yurre was inquiring and
then we are going to...
Vice Mayor Alonso: OK.
Commissioner De Yurre: Just to wrap up, I'm in favor of finding the 2.2
because...
Commissioner Dawkins: I second... Make the motion. Make the motion.
Commissioner De Yurre: ... all I've seen through the years that I've been
i l here as a Commissioner and as a citizen of this community is it's basically
the same thing. You know, I haven't seen anything really impacting or
_ creating that changes what we deal with on a daily basis. This comes as close
to doing that as I've seen. This NET program, the intensity that was out
there. And if the Chief, in his expertise, says that with $2.2 million we can
_ maintain what was started three months ago...
=�� 83 July 9, 1992
Commissioner Plummer: There is absolutely no way. You are kidding yourself.
Commissioner De Yurre: ... and keep combatting crime at that level, I'm all
in favor of...
Commissioner Plummer: You are being led down a... I wouldn't.
Commissioner De Yurre: ... finding that $2.2 million somewhere, whether it's
Solid Waste,...
Mr. Odio: No, Commissioner.
Commissioner De Yurre: ... or whatever,...
Commissioner Dawkins: Make your motion.
Mr. Odio: Commissioner, let me say this. I would appreciate very much that
you wait until we come back on July 16th, I think we have a budget workshop.
Mayor Suarez: Well, if he wants to make a motion as to the concept so that
you keep it in mind as you prepare your budget, you know, and if it reflects
the consensus of the Commission, it's not a bad idea. I mean it's not going
to... We are going to have to approve the budget...
Mr. Odio: Right.
Mayor Suarez: ... in whole anyhow. It's not going to have to be... It's not
going to be able to be just $2.2 million out of...
Mr. Odio: No, but...
Commissioner De Yurre: Well, my motion would be, come back to us...
Mr. Odio: OK.
Commissioner De Yurre: ... telling us where we could save, or have to cut
back the 2.2 to provide it for the Police Department.
Mr. Odio: Well, like I said, today you are going to deal...
Commissioner Plummer: Are you saying from their budget? Not increasing their
budget.
t Commissioner De Yurre: Whatever it takes, J.L.
Commissioner Plummer: Not increasing their budget.
Commissioner Dawkins: That's right. No.
Commissioner De Yurre: Whatever it takes, J.L.
Commissioner Plummer: Not increasing their budget.
Commissioner Dawkins: No.
84 July 9, 1992
Commissioner De Yurre: If it means increasing it, I want to know where it
would come from in order to increase it. If it means saving it from their
budget, I want to know where they would cut back.
Mr. Odio: You have three items today you are going to deal with, with Solid
Waste. I mean...
Commissioner Dawkins: Mano. Mano. What is the police budget percentage of
the total tax dollars?
Mayor Suarez: About forty percent (40%).
Mr. Surana: Property tax or the total tax dollars?
Commissioner Dawkins: Total taxes.
Mr. Surana: About forty-five percent (45%).
Commissioner Dawkins: How much?
Mr. Surana: Forty-five percent (45%).
Commissioner Dawkins: Forty-five percent (45%). All right. What percentage
of the tax dollars is the Solid Waste budget?
Mr. Surana: About fifteen percent (15%).
Commissioner Dawkins: Huh?
Mr. Surana: Fifteen.
Commissioner Dawkins: Thirteen?
-�' Mr. Surana: No, fifteen. One five.
t
_f. Commissioner Dawkins: What percent of the total budget is GSA (General
Services Administration)?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Surana: Twelve percent (12X).
-� Commissioner Dawkins: Twelve. So, now you are talking about you are going to
take something from twelve, seventeen and ten, but don't take nothing from
forty-five. Give me a break. Or work within the forty-five.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Do you want to state the motion, Commissioner De Yurre, so that
it might get a second as somehow being from within the Police budget as we,..
Of course, as we prepare the budget, technically, there is no budget to take
things out of because you are preparing the budget in the first place. But,
anyhow,...
85 July 9, 1992
;_ i
r;.,
Commissioner De Yurre: Well, I...
Mayor Suarez: ...that the tenor of the motion be that we do it from what we
intended to use for the global Police budget and it might get a second that
way.
Mr. Odio: If I may finish what I started to say, Commissioner. In the year
182-83, you were paying $35.00 a ton to the County. In the year 193...
Mayor Suarez: Oh, please, let's not get into those figures now.
Commissioner De Yurre: OK. Well,...
Mr. Odio: You are talking about $14,000,000.00 a year.
Mayor Suarez: There is a suggestion that at least a level $2.2 million ought
to be spent in havin this aggressive, visible police presence .as the Chief
says can be done for L.2 million in a year. The Commissioner wants to put on
the table that, that should be a statement of principle, and if so, it's the
first motion I hear this morning...
Mr. Odio: Fine.
Mayor Suarez: ... and let me at least hear it.
Commissioner De Yurre: My motion would be to tell us where...
Mayor Suarez: Right.
Commissioner De Yurre: ..0 if you had to, it would come from the Police
budget and...
Commissioner Plummer: Oh, you are just asking... That's fine. That don't
mean...
Commissioner De Yurre: But also,...
Commissioner Plummer: That means nothing.
Commissioner De Yurre: ... where it would come if it had to come from
somewhere else, just so -we can look and see what the options are.
Mr. Odio: Well, let...
Mayor Suarez: If you don't think it can be provided from within the budget
that you are otherwise proposing for the Police Department, Mr. Manager, tell
us...
Mr. Odio: I'll tell you now.
Mayor Suarez: ... at that point if there is any... At that point in the
budget hearings, if there is any other place you can find the money,...
86 July 9, 1992
Mr. Odio: If you...
Commissioner Plummer: Well, Mr. Mayor.
Mayor Suarez: ... and obviously 1f you can't, you have to tell us you can't.
Mr. Odi,:: If you...
Commissioner Plummer: If, in fact, you and the rest of this Commission are
honest with me, and all of the work that I have put into this thing about we
are going to talk about salaries,...
Mayor Suarez: I certainly am.
Commissioner Plummer: ... I'll tell you where to start.
Mayor Suarez: All right, sir. As we go through budget,...
Commissioner Plummer: I mean, if you are honest now.
Mayor Suarez: ... you may be able to provide the answer that the Manager, at
this point, doesn't seem to have. All right. We have a motion.
Commissioner Be Yurre: That's a motion.
Mayor Suarez: Do we have a second on that motion?
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion?
Vice Mayor Alonso: OK. For discussion.
Mayor Suarez: Vice Mayor Alonso.
Vice Mayor Alonso: Yes. On the lines of this motion, in fact, crime is a
number one problem that we have. I think that 1f we are going to do that, we
should look into the possibility of hiring more police officers, because it
has become very clear to us today that we don't have enough. And if we are
going to be using so much money in overtime, we need to have more police
officers, more civilians and we need also better redistribution of the way
that services are provided.
Commissioner Plummer: Right off the bat.
Vice Mayor Alonso: So, right there we have three concrete things and we could
be talking here all day. As a matter of fact, we spent all morning, and we
haven't really moved on concrete things.
Commissioner Plummer: We have not...
Vice Mayor Alonso: I believe that we have to go back a special session where
we come, with concrete points of where we are heading because we could be
tanking for days and we don't get anything done, and we leave, as we did in
87 July 9, 1992
September, the first week in September, and I have concrete recollection that
we were here all morning, until one o'clock on that occasion, and we discussed
similar things of what we are doing today, we left. Maybe we were feeling
better about ourselves because at least we got it out, but no action.
Commissioner Dawkins: None whatsoever. _
Vice Mayor Alonso: So we want to move one, two, three, and I want to see —
concrete results from these discussions. I want to see things happening in
the community. I don't want to come back here and discuss this item over and _
over again, and I don't see the results in the community.
Commissioner Dawkins: And I...
Vice Mayor Alonso: It has been said that during the NET first phase, the
crime decreased. I want you to know that maybe my neighborhood is different
from the rest of the neighborhoods in Miami. But in my neighborhood,...
Commissioner Plummer: It's increased.
Vice Mayor Alonso: ... since we have NET, people knock at my door now. They
believe the NET office is my home. So they come to my home now and they tell
me, "Commissioner, they took $18,000.00 from my home." Two blocks from my
home. They take property from the people in the area, and now they knock at
my door and say - they didn't before, now they do. Now, "Commissioner, this
is happening in the neighborhood." So, I'm going to ask Pablo Canton to move
on into my room, my daughter is married now, so we have an extra room, and I'd
be happy to provide - and he can bring along the family - we'll be happy to
entertain him at home. Well, he can join us. And at least when I'm asked
these questions, later on I may ask Major Fernandez to join also, I have an
additional room. He can move in, if he pleases, and that way, when I'm asked
the questions, at least I have the backup necessary to respond to the
questions. In my neighborhood, the crime did not decrease. I look at the
reality and I know that in certain areas, indeed it went down. It went down.
As a fact, I have seen the numbers and I have asked the people, and it went
down, in certain areas of the City. So we have to be careful how we do it.
And I have been one who said NET is great, when it comes to facing the most
serious problem, crime. I told the City Manager I support the crime
situation. 1 have met with the Chief several times and said, Chief, you come
up with proposals, you tell me specifically what you need in order to reduce
crime in the City of Miami and to move on with preventive measures to resolve
the crime situation. I told him if we have to face the voters and ask them
for additional help to resolve the number one problem, crime, we should do it.
And I asked him, you tell me what has to be done in serious fashion to resolve
this problem. I don't want more talk about the issue. I want action. Steps
in which the experts in the matter tell me, this is my proposal. Here it is.
This is how we are going to resolve the problem, and let's do it. And let's
be serious about that and move forward to resolve the problem. That's the way
it has to be done.
Mayor Suarez: All right.
Vice Mayor Alonso: No other way. So, let's go into that direction and
resolve the problem. If you have to cut things in your department, things
88 July 9, 1992
that you feel are unnecessary, let's cut. If we have to cut in other things
_j in the City of Miami, let's cut. But we have one major problem, and it's
-1 crime. And all of us are feeling it regardless of where you live in the City
of Miami. So if we have to reduce certain things in the City in order to move
the money toward crime, this 1s the right time. This is budget time.
Mayor Suarez: OK. Let's...
=� Vice Mayor Alonso: So this 1s the ideal time to do it.
Commissioner Plummer: Mr. Mayor.
.I
Mayor Suarez: Let's vote on the motion before us, and I would suggest that we
hear from at least three quick presentations from the general public limited
to a few minutes each.
Commissioner Plummer: Mr. Mayor, I would like to have time because I want to
tell you that after two hours and forty-nine minutes,...
Mayor Suarez: well, more...
Commissioner Plummer: ... I want to apologize to the public because we have
not done a damn thing.
Mayor Suarez: I don't agree with that at all, but you can state that view.
Commissioner Plummer: OK? We have not accomplished a damn thingl
Mayor Suarez: Right. Well, you can always argue that.
Commissioner Plummer: You talk... Well, Mr. Mayor, you were the one who said,
we were going to go man by man and we were going to make a determination...
Mayor Suarez: I thought we got awfully close to doing that. I mean,...
Commissioner Plummer: Sir, we haven't even started.
Mayor Suarez: ... we could go more specifically... _
Vice Mayor Alonso: Actually, this is a very... --
Commissioner Plummer: We haven't even started.
Mayor Suarez: Why are we arguing? If we have time, obviously, we should
continue this, folks.
Vice Mayor Alonso: Yes.
�j Mayor Suarez: Obviously. And if that's what you want me to say... Do you =
want me to say that? Announce that. That we continue at... It's going to be
�;. have a short lunch, folks, so we can hear you.
Unidentified Speaker: Go ahead. --
�' 89 July 9, 1992
0
Vice Mayor Alonso: Yeah.
Mayor Suarez: Right. Exactly. And one other thing that we have to put
before the Manager is the very specific question affecting Coconut Grove, why
do we have 20 and 30 officers at a time, or at least 15, on Main Highway...
Commissioner Plummer: Twenty-seven.
Mayor Suarez: ... and MacFarland, etcetera, and we can't have one a full-time
basis at Grand and Douglas. People want an answer to that very simple
question.
Commissioner Plummer: It will also interest you to know that, that's also
being paid for at time and a half.
Mayor Suarez: Well, some of it is... Right.
Vice Mayor Alonso: You are going to wait for them before you call roll on the
motion that Commissioner De Yurre made?
Commissioner Dawkins: What?
Commissioner Plummer: Time and a half.
Mr. Odio: The traffic patrol...
Mayor Suarez: No, I can't imagine...
Mr. Odio: Yes, time and a half.
Mayor Suarez: Hopefully, you are not going to address, Al, that particular
motion as stated, are you? And the rest of you have other comments to make.
I'd like to just call the roll on that motion, unless any Commissioner has
anything further that we...
Vice Mayor Alonso: Restate the motion so...
Mayor Suarez: ... ask the Manager to present to us at least $2.2 million of
the Police Budget to be applied to the shock treatment, whatever we call it,
police presence that we saw and that the Chief is proposing can be maintained
over a span of a year, such as was done...
Commissioner Plummer: We've accomplished nothing.
Mayor Suarez: Please. Please, folks. Don't conclude anything, that we've
accomplished or not, when we've taken up most of the time to hear the
Commissioners discussing it. Come on. We have a motion before us.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Huh?
90 July 9, 1992
U
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 92-428
A MOTION IN PRINCIPLE, DIRECTING THE CITY MANAGER TO
COME BACK BEFORE THE CITY COMMISSION (AT THE BUDGET
WORKSHOP PRESENTLY SCHEDULED FOR JULY 16, 1992) WITH A
RECOMMENDATION AS TO WHERE THIS CITY COULD OBTAIN AN
ADDITIONAL $2,200,000 TO COVER THE NET PROGRAM AS WELL
AS THE PROPOSED MIAMI POLICE DEPARTMENT'S (MPD) ANNUAL
MAINTENANCE DEPLOYMENT STRATEGY PROGRAM, SAID AMOUNT
TO COME EITHER FROM THE MPD'S BUDGET, OR FROM AN
ALTERNATIVE SOURCE.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: The motion is, you know, it doesn't really say
anything, it doesn't accomplish anything, but it says to the Manager, look,
see and come back and tell me. Sure, I'll vote for that.
Mayor Suarez: All right.
Commissioner Plummer: Why not?
Commissioner Dawkins: I'm voting yes because I know. (INAUDIBLE)
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Al, quickly.
Vice Mayor Alonso: And one last question. When this is coming back to us?
This information. How soon?
Mr. Odio: The best time would be in the budget, which is next week. You can
see then for yourselves...
Mayor Suarez: Yes. Absolutely.
Mr. Odio: ... what we are facing.
91 July 9, 1992
Mayor Suarez: We are going to start then. Yes.
Mr. Al Cotera: Good morning, Mr. Mayor, Commissioners. Al Cotera, President,
Fraternal Order of Police. For the last two hours and forty-nine minutes,
I've heard a lot of criticism of the Police Department. The manner in which
it is deployed, how the monies are spent, why we have horses versus not having
horses. I want all of you to know something. The Miami Police Department,
last year, arrested over 50,000 people. That is more, or equal to, the total
number arrested in the rest of the entire County, by all the other
municipalities and the County. I think that instead of criticizing the work
of the Police Department, I have yet this morning, hear anyone criticize Janet
Reno's office and the court system for putting the same people back out on the
street within 21 days. I think that you are focusing on the wrong issue. I
have never heard this Commission complain about that office over there. If
they kept them in jail,...
Commissioner
Plummer: Al, excuse me.
Mr. Cotera:
... if they prosecuted them,...
Mayor Suarez:
You kind of overstated that, but...
Commissioner
Plummer: Al, simply because we don't control
them. We don't
take care of
their budget,...
Mr. Cotera:
Sir.
Commissioner
Plummer: ... we can't tell them what to do.
Mr. Cotera:
I said complain.
Commissioner
Plummer: Oh, complain.
Mr. Cotera:
I didn't say control.
Commissioner
Plummer: All the time.
Mr. Cotera:
I said complain.
Commissioner
Dawkins: Well, we did complain.
Mayor Suarez: We've complained, but...
Mr. Cotera:
You complain about my membership and you don't control them
either. I've heard you complain several times about time and
a half.
Commissioner
Plummer: Yeah.
Mr. Cotera:
The last time I heard that is the law, that when
you work past 40
hours, it will be paid at time and a half, and you don't
control that law
either. Neither
does this Commission.
Commissioner
Plummer: That's correct, sir.
92 July 9, 1992
V
Mr. Cotera: Those officers are making time and a half. That's right, but
that's time that they could be spending with their families, with their
children, doing other things.
Commissioner Plummer: But also,...
Mr. Cotera: So if they are willing to work it, then don't call it a Christmas
present, sir.
Commissioner Plummer: No, Al.
Mr. Cotera: It is not a Christmas present.
Commissioner Plummer: Excuse me.
Mr. Cotera: It is probably the money that they use to buy their families
Christmas presents.
Commissioner Plummer: Excuse me. Those same officers have the choice of
working a regular off -duty job at regular pay, and we turn around and work
them, and ask them to work at a City job, and they demand time and a half.
They are still...
Mr. Cotera: No, they don't demand time and a half, sir.
Commissioner Plummer: Well, excuse me. Let me finish.
Mr. Cotera: That is what is there.
Commissioner Plummer: I waited for you.
Mr. Cotera: That is what is there. Why should I work the same amount of time
for less money? That's ridiculous, sir.
Commissioner Plummer: You are speaking about...
Mr. Cotera: That's the American way.
Commissioner Plummer: You are speaking about working over the 40 hours,
whether they are working in a private off -duty job, which is their choice of
course, or whether they work it for the City, but if they work it for the
City,'they demand time and a half. But if they work 1t for the private
sector, they work it at regular time. It's still over the 40 hours.
Mr. Cotera: That's correct.
Commissioner Plummer: That's correct.
Mr. Cotera: And it is still extra money.
11 Commissioner Plummer: Now, look... Can I go along with you here as you do...
1' Mr. Cotera: Well, hold on for a second. Let me finish.
93 July 9, 1992
Commissioner Plummer: .. because your statements are not correct, Al.
Mr. Cotera: Well, you guys spoke for two hours and forty-nine minutes, and I
didn't get a word in. I'd like to get one word in now, sir.
Commissioner Plummer: Al, your statements are not correct. You talked about
arrests.
Mr. Cotera: Yes.
Commissioner Plummer: And your statement was, that the City of Miami Police
Department made more arrests than all of Dade County combined. Is that
correct?
Mr. Cotera: We made around 50,000 arrests. I think the total for Dade County
was like 120,000, sir.
Commissioner Plummer: Well, let me give it to you so you'll know because your
information is incorrect. OK? The City of Miami made 45,051 arrests. The
total for Dade County was 140,162 and there are cities... Dade County made
more arrests than we did, in Metro Dade County. So I just want you when you
give the numbers, to be correct, because you are far off.
Mr. Cotera: Sir, when you look at the size of Dade County police department -
and I can bring it down to per capita, per officer and all that.
Commissioner Plummer: That's also broken down here if you want it, I'll give
it you.
Mr. Cotera: You know, if it's there, you'll see that there is no police
department in this county that makes more arrests than we do.
Commissioner Plummer: No, we are the largest, of course.
Mr. Cotera: OK?
Commissioner Plummer: No, excuse me. Metro -Dade...
Mr. Cotera: No, we are not the largest. Dade County has three times the size
of our Department, sir.
Commissioner Plummer: Excuse me. Dade County, for your information, again,
your statement is incorrect. Dade County made arrests of 60,402, which is
15,000 more arrests than what we made. So I wish...
Mr. Cotera: With three times the number of police officers, sir.
Commissioner Plummer: I'm not arguing. You said that we make more arrests
than they do. It's an incorrect statement. Now, please,...
Mr. Cotera: Sir, do you want to break it...
Commissioner Plummer: ... these are the facts.
July 9, 1992
Mr. Cotera: Do you want to break it down per police officer?
Commissioner Plummer: Al,...
Mr. Cotera: If they have three times the number of...
Commissioner Plummer: ... you made a simple statement, that the City of Miami
Police Department made more arrests than any other jurisdictional...
Mr. Cotera: Per officer.
Commissioner Plummer: You didn't say that, sir. You didn't say that. I'm
saying Dade County makes 15,000 more arrests than we do. Just that simple.
Mr. Cotera: All right. Let me restate the statement then.
Commissioner Plummer: OK.
Mr. Cotera: Per officer, the City of Miami Police Department made more
arrests than anybody else in this County.
Commissioner Plummer: That could very easily be true. I don't know.
Mr. Cotera: OK? All right. Now that I've been corrected.
Chief Ross: As a matter of clarification, you might just say this, Al. The
number is arrest rate per 100,000, City of Miami made 12,546 versus 5,721 for
the County.
Commissioner Plummer: Yeah, but what... Chief, would you also show then the
breakdown of what kind of arrests were made?
Mr. Cotera: So much for giving a statement here. 1 mean, there's no sense to
it.
Chief Ross: Those were total arrests. Part one, part two.
Commissioner Plummer: Part one crime. Yeah. Seven hundred of them
prostitutes.
Mayor Suarez: All right. We have a lot of prostitution in the City.
Anything else, Mr. Cotera?
Mr. Cotera: Again, I think that it's more important that this Commission
focus on the real issues and, you know, you want more policemen, but you want
to cut the budget. It doesn't work that way. I mean, mathematically, that's
impossible. OK?
Commissioner Plummer: That's not a true statement.
Mr. Cotera: I think that's a very accurate statement.
Commissioner Plummer: No, that's not a true statement, Al. And that's why I
got to disagree with you.
95 July 9, 1992
Mayor Suarez: Not 1f you can have some civilians doing some work of police
officers.
Commissioner Plummer: I want the 60 policemen that I'm paying presently, who
are not doing police work... The Chief speaks of safety, I agree. I want
those 60 men that I can identify to be replaced by, fully by civilians to be
done such. And I'm willing, as I told the Chief, to back him for 40 more
civilians, to put those 60 men back out on the street. Not more police
officers.
Mr. Cotera: Hold it. Hold it.
Commissioner Plummer: No, no, no. Not more. What I'm saying is, you've got
to put them to fighting crime and replace them with civilians. I'm not asking
for any more policemen.
Mr. Cotera: Sir, I don't disagree with you on that, and my statement was not
that. My statement was that you cannot cut the budget and put more sworn
personnel in the Department.
Commissioner Plummer: Did you hear me say...
Mr. Cotera: OK?
Commissioner Plummer: ... that I back the Chief,...
Mr. Cotera: Sir,...
Commissioner Plummer: ... and I am backing him in budget?
Mr. Cotera: Sir, that's what I am saying. I'm not complaining about what you
said.
Commissioner Plummer: Oh.
Mr. Cotera: I agree with you. I think that if you are a policeman, you ought
to be fighting crime, not sitting behind a desk.
Commissioner Plummer: I agree.
Mr. Cotera: I have no problems with that.
Commissioner Plummer: Fine.
Commissioner Dawkins: Well, let me make a statement.
Mr. Cotera: OK? But you can't... You cannot...
Vice Mayor Alonso: Can't do both.
Mr. Cotera: ... put more policemen on the street and at the same time, cut
the budget.
96 July 9, 1992
C
C
Commissioner Dawkins: Let me make a...
Mr. Cotera: You can't do that. Number one. Number two, is that the City's
revenues are off. We are off right now in this fiscal year, $4,000,000.00
that we weren't expecting because of all the appeals on the assessments of
properties downtown.
Commissioner Plummer: It's going to be worse next year.
Mr. Cotera: For next year,...
Vice Mayor Alonso: And Centrust alone.
Mr. Cotera: ... we are down another $4,000,000.00.
Vice Mayor Alonso: Centrust alone.
Mr. Cotera: OK? And I think that it is the responsibility of this Commission
then to look for ways to raise revenues as opposed to more cutting. You can't
take blood out of a rock. You cannot take blood out of a rock.
Vice Mayor Alonso: I agree with you. More revenues.
Commissioner Plummer: Yeah, but where you going to get...
Commissioner Dawkins: I'd like to make a statement.
Mayor Suarez: Commissioner Dawkins.
Commissioner Plummer: You know, that's an awful simple statement to make.
Mr. Cotera: Yet, when it...
Commissioner Plummer: When you talk about raising revenues.
Mayor Suarez: Please. Please, folks.
Mr. Cotera: When something comes in front of this Commission that requires a
little bit of gumption - for lack of a better word - to raise revenues, it has
been turned down completely. In the past.
Commissioner Plummer: Such as?
Vice Mayor Alonso: You mean increase taxes? Or create new fees? In that
sense, also we have to take into account a reality,...
Commissioner Plummer: The people in this community are...
Vice Mayor Alonso: ... people are fed up and they are...
Commissioner Plummer: ... screaming.
Vice Mayor Alonso: ... unemployed. The situation economically in the nation,
and here in this City, is really to the point that you cannot increase taxes.
97 July 9, 1992
AWN
That's why we are responding to the needs of the citizens that are saying,
it's impossible. But...
Mr. Cotera: Ma'am, we have...
Vice Mayor Alonso: ... I agree with you. We have to increase revenue by
getting new things into Miami that bring new revenues. In that sense, I
agree.
Mr. Cotera: We have regulations on the books right now, on the street
sweeping fee, that's there and the bills are just not being sent out. That's
already there on the books.
Vice Mayor Alonso: Let me tell you something. That one, that one and I was
not a Commissioner then - but I recall exactly what happened. It's not
realistic and I'll tell you why. A 50-foot frontage in a store, bills were
four thousand higher than their taxes, so you are saying double taxation...
Mr. Cotera: Ma'am, if the number is not realistic, then take the regulation
off the book.
Vice Mayor Alonso: It has to be done,...
Mr. Cotera: Or change it and make it realistic.
Vice Mayor Alonso: ... because it's absurd. As a matter of fact, this
Commission,...
Commissioner Plummer: It was changed.
Vice Mayor Alonso: ... I believe, they changed it. I recall the time. It
was in 188, wasn't it?
Commissioner Plummer: It was eliminated. Right.
Vice Mayor Alonso: It was eliminated.
Commissioner Plummer: That was...
Vice Mayor Alonso: It's no longer in the books. Is that right, Mr. Manager?
Mr. Odio: No, the ordinance was not rescinded. It was just... We were
ordered to stop sending the bills out. The ordinance is still in the books.
Vice Mayor Alonso: You mean to tell me that the actions that this Commission
took in 188 - I was here - they did not rescind that...
Mr. Odio: No, we...
Vice Mayor Alonso: ... original... My impression...
Commissioner Plummer: They stopped the action.
Vice Mayor Alonso: They stopped the action?
98 July 9, 1992
Commissioner Plummer: Right.
Mr. Odio: They stopped the action, but the ordinance was not rescinded.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner...
Vice Mayor Alonso: Stopped action... The actual billing?
Mr. Odio: We stopped the billing.
Commissioner Plummer: Correct.
Vice Mayor Alonso: They passed a resolution or it was mouth...
Mr. Odio: The ordinance was passed, the billings were sent out and 'then we
were ordered to stop the billing and to return the monies we had collected and
did that.
Vice Mayor Alonso: Yeah, because people were going to turn on the properties.
They had double taxation, I believe. It was very high. It was unrealistic,
the percentage.
Mr. Odio: In some cases, they needed adjustment.
Vice Mayor Alonso: Yeah. OK.
Commissioner Dawkins: Mr. Mayor,...
Mayor Suarez: All right. Commissioner Dawkins.
Commissioner Dawkins: ... I'd like to make a statement that whenever this
comes back, I need somebody to explain to me the process by which you are
going to hire more civilians, put more police on the street. How are you
going to have a trained force in the backup to come up and replace these
officers who retire, or who get killed or get hurt in action. You are talking
about civilians, civilians, civilians and I don't hear you say nothing about
refurbishing or adding to the present force. The present force, through
attrition and retirement, is going to reduce, and all I keep hearing you say
is we are going to hire civilians to put police on the streets. You got to
get some more police to replace police.
Mayor Suarez: All right. Here's what we are going to do. Madam City Clerk,
please take the names of everyone that is in line in the order that they are
In. Ruben, if you give that to her and we are going to meet, instead of at
2:30, folks, we are going to meet at two o'clock and try to get through the
public testimony within a half hour. Hopefully, the Commission will then keep
our comments fairly brief and we can get on to the other items that are on the --
agenda.
Commissioner Plummer: Might I suggest that we have lunch brought in?
99 July 9, 1992
Unidentified Speaker: Do we send out for pizzas?
Commissioner De Yurre: That's not a good suggestion.
Commissioner Plummer: Not a good suggestion? I'm sorry.
Mr. Ruben Avila: I only need three minutes, Mr. Mayor. I only need three
minutes.
Mayor Suarez: Ruben, we break at twelve, it's 12:03. If I make one
exception, I've got one, two, three, four, five, six people.
Mr. Avila: Look at all the people that got here...
Mayor Suarez: You and Mr. Johnakin were the only two that initially even
raised your hands when I asked, and now we've got six of you and one of you
is...
Mr. Avila: At least I should get the...
Mayor Suarez: One of you is up at bat, and the other one is last. So I want
to be fair and say that we ought to hear your comments in a way that we are
not sort of walking out of here. Anyhow, we meet at two o'clock in that
order. Try to get your testimony within a half hour, questions and answers
and then wrap it up so that by 2:30, we are on the rest of the agenda, folks.
All right. OK. We are adjourned until two.
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:04 P.M. AND RECONVENED AT 2:08 F.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT, WITH THE EXCEPTION OF COMMISSIONER DE YURRE.
NOTE FOR THE RECORD: Commissioner Dawkins recognized
e presence of State Representative Luis Morse in the
audience.
NOTE FOR THE RECORD: Mayor Suarez recognized the
presence of State Representative Ron Silvers in the
audience and announced his item would be taken up in
September. The Mayor further thanked Rep. Silvers for
his assistance with City items in the legislature in
Tallahassee.
100 July 9, 1992
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7. BRIEF COMMENTS BY COMMISSIONER PLUMMER PRAISING MARTIN FINE, ESQ. FOR
HIS EXCELLENT REPUTATION AND HONESTY, WHICH HAD BEEN QUESTIONED IN A
RECENT NEWSPAPER ARTICLE.
-------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, may I take a point of personal privilege...
Mayor Suarez: Yes.
Commissioner Plummer: ... waiting for our friend to show up, the fifth member
of this vote. Two things that I'd like to put on the record, if I may.
Number one, I'll be very brief in saying that all of the things that I took
exception and screamed and hollered about for a long time in reference to the
Joe Robbie Stadium, suddenly day before yesterday appeared in The Miami Herald
that I was right once again. Secondly, Mr. Mayor, I, like you, read an
article and I want to tell you. I'm going to go on the record about Marty
Fine. I read an article where his name was mentioned, and I have to say for
this Commissioner, that without a doubt, Marty Fine is one of the most honest,
sincere men that I know. And if you don't believe it, I think we have a lot
of people in this community who could attest that they are living in a house,
in an apartment that had it not been for Marty Fine, and what he did with the
surtax board, they would not have those living facilities. I don't think
Marty Fine did anything differently than a lot of other people did, and I, for
one, want to attest publicly to what I think is one of the most honest
individuals in this community, and I just wanted to put that on the record.
Thank you.
B. CONTINUED DISCUSSION CONCERNING POLICE DEPLOYMENT -- COMMISSION URGES
ELIMINATION OF THE PUBLIC INFORMATION UNIT OF THE MIAMI POLICE
DEPARTMENT, FAVORING PLAN TO OFFER SIMILAR SERVICES OUT OF THE POLICE
CHIEF'S OFFICE (See labels 3 & 6).
Mayor Suarez: OK. Quickly we are going to go through the testimony on
deployment. I think we've only got two names at this point requesting to
speak. You and Mr. McBride. If there's anyone else, please come up to the
mike at that point, and then we'll open up the ballots. I forgot to do it
this morning. I meant to do it this morning, and announce the result of the
vote, which we have nothing to do with. But you did, obviously, and we will
announce that after this. Please, Ruben.
Mr. Ruben Avila: My name is Ruben Avila. 36 N.E. 1st Street and I have two
questions for the Chief of Police and one question for the City Manager.
Mayor Suarez: OK. Go ahead and state your questions, Ruben, and we handle
them here at the chair, but we do try to get the Chief to answer, if
appropriate. Go ahead.
101 July 9, 1992
Mr. Avila: OK. I just want to know why in downtown Miami, at the Seybold
building, the five major area of diamond dealers, we don't have no police
protection at night time. I understand that Bayside has a lot of policemen.
I don't know exactly how many. I think 17, two sergeants or one sergeant and
a lieutenant. And they consider Bayside downtown and when you ask how many
policemen we have in downtown, they come out with a figure of 44 policemen,
which we don't have 44 policemen. I'd like to know why.
Mayor Suarez: What is... Chief, what is - because this item has come up many,
many time. What is the actual number of officers deployed in downtown,
downtown as we understand it, not extending to Bayside and not extending to
Overtown or Brickell?
Commissioner Plummer: Are you talking about beat officers?
Mayor Suarez: Yeah.
Commissioner Plummer: That stand on the corners.
Mayor Suarez: Yeah, people that would actually, visibly be there.
Apparently,...
Commissioner Plummer: Chief.
Mr. Avila: Especially at night time.
Mayor Suarez: I'm being told there might not be a single one at night.
Commissioner Plummer: Chief.
Mayor Suarez: Other than rangers, not including the rangers.
Commissioner Plummer: He's talking about beat now.
Chief Ross: My Assistant Chief advises there are 18, that includes your beat.
Commissioner Plummer: Plus 30 sector, which are all of the downtown. There's
30 sector and part of 40 sector, I think, is also your patrol units of
downtown which supplement your beat patrol.
Mayor Suarez: Is there a possibility that at some point at night, let's say
at two o'clock in the morning, three o'clock in the morning, there might not
be a single officer on foot in downtown Miami?
Commissioner Plummer: There are definitely not.
Chief Ross: Well,...
Commissioner Plummer: There are none.
Chief Ross: ... you don't have officers walking in the downtown area. You
have the ranger program, you don't have police officers walking on beat. No,
sir.
102 July 9, 1992
Mayor Suarez: At night time, is there a possibility that there won't be a
single patrol car physically located in the general area of downtown?
Chief Ross: We have an officer. We have a car assigned in that area...
Mayor Suarez: At least one car.
Chief Ross: Yes, sir.
Commissioner Plummer: It doesn't mean, Mr. Mayor, so you understand, it
doesn't mean that, that officer in that car might be diverted somewhere else
for two or three hours.
Mayor Suarez: Right.
Commissioner Plummer: OK? That can happen, so don't kid yourself.
Chief Ross: The officer that is there is your officer that also monitors the
ranger program so he's physically in that immediate area because of the ranger
program.
Commissioner Dawkins: Well, will you explain, in laymen talk, so this
gentleman will understand what you mean by sectors and sections and what have
you, because when you say a sector to him, that's Greek.
Commissioner Plummer: What did he ask? I didn't hear.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Oh, a sector. Oh, OK.
Commissioner Dawkins: And in the sector what section in the sector is
downtown where he's talking about?
Commissioner Plummer: It's called 40 sector.
Commissioner Dawkins: OK? That's all.
Chief Ross: The area that we are referring to is 5th Street to the River and
from the Bay over to 2nd Avenue. That square in there is the square that the
officer is assigned to and that encompasses the downtown.
Mr. Avila: One police officer.
Chief Ross: For that zone. Yes, sir.
Mr. Avila: OK. Mr. City Manager, downtown... That area paid 30% of the taxes
or the revenue that the City gets, and we are getting one, less than one
percent in sanitation and police. I just want to bring it to your attention
so you know that downtown Miami, the jewelers and the biggest building, and I
want the Commissioners and the Mayor to know something. We are losing
downtown Miami and we are losing it bad. We...
103 July 91 1992
Commissioner Dawkins: Are you... Wait a minute. Are you saying that the
downtown area contributes 30% of the tax dollars to us?
Mr. Avila: More or less.
Commissioner Dawkins: So, therefore, you are producing 30%. That's twice
what Coconut Grove is producing at 15%. Is that right?
Mr. Avila: Yeah, and I believe Coconut Grove...
Commissioner Dawkins: Thank you. No further questions. No further
questions.
Mr. Avila: I believe Coconut Grove has, how many police officers?
Commissioner Plummer: Well, what part?
Chief Ross: I'm sorry.
Mr. Avila: In Coconut Grove, how many police officers?
Chief Ross: Well, once again, we'll have to look at the geographic area and
give you a breakdown of the zones to how many officers assigned there. We
assign them by...
Mr. Avila: Chief, you are talking about one police officer and we are paying
30% of the...
Vice Mayor Alonso: No, but we have to make a clarification. Something must
be wrong here. Downtown cannot have one police officer.
Chief Ross: No, let me just explain this.
Commissioner Plummer: No, no, no.
Vice Mayor Alonso: Let's see the things that we are placing on the record,
please.
Chief Ross: Let me explain this. When we are talking...
Mr. Avila: And before you say anything, I'm pro...
Vice Mayor Alonso: For heaven's sake, let's be more specific.
Mr. Avila: I'm pro -policemen and I think that the City Manager is trying to
do a good job and your Commission is trying to do a good job. I'm not here
criticizing the Commission or the City Manager or the Police Department. But
something is wrong here somewhere.
Mr. Odio (City Manager): No. Wait, wait. See, you asked what happens at two
o'clock in the morning is that you have one patrol car there. That doesn't
mean that that's all we have for downtown Miami during the whole day.
Mr. Avila: Well, during the day...
104 July 9, 1992
Mr. Odio: The answer was to your question.
Commissioner Plummer: No, he's asking about after 9:30 at night until 7:30 in
the morning.
Mr. Odio: Yeah, but you also have 17 rangers.
Commissioner Plummer: There's one... _
Mr. Avila: I'm going to bring... I'm glad you bring that up. I didn't want
to bring it up because we are supposed to bring that up at 4:30.
Mr. Odio: There 1s another item on rangers.
Mr. Avila: You got 17 rangers. OK?
Mr. Odio: But that's another...
Mr. Avila: Well, you brought it up. You got 17 rangers, right? When there's _
a problem, the ranger calls the Police. When you got two problems, you don't
have no policeman. You only got one policeman to answer the call.
Mr. Odio: Correct.
Mr. Avila: In the Seybold building, we get a false alarm maybe once or twice
a night. -
Mr. Odio: We should not...
Mr. Avila: When the police go there, then the rest of the area is with no
police. If the ranger needs a policeman, he don't got nobody. That's the
time, sometimes we got to wait forty-five minutes to an hour.
Commissioner Plummer: Yeah, but that's why they want to get rid of the
rangers downtown.
Mr. Avila: Yeah, we don't want no rangers in downtown.
Commissioner Plummer: No. -
Mr. Avila: We don't want no private security in downtown. We are paying an
excess tax...
Commissioner Plummer: No.
Mr. Avila: ... of property owners in downtown, we pay an excess tax...
Commissioner Plummer: I can assure you for this vote in budget, the rangers
are gone.
Mr. Avila: I hope so.
a
Commissioner Plummer: OK?
105 July 9, 1992
C
n
Mr. Avila: Also, I want to bring to the attention of...
Mr. Odio: Let's put on the record, too, please because we... The statistics
don't lie, or they lie when you want to, but anyway...
Mr. Avila: You are getting into...
Mr. Odio: Since the rangers went into downtown, what they have shown me is
that crime was down by 41%.
Mr. Avila: You want to know why? I'm going to tell you why.
Mr. Odio: Why?
Mr. Avila: The simple reason that crime went down, because people wait an
hour and an hour and a half and two hours at three o'clock in the morning for
a policeman. We don't get it, so they go home. So right there you don't have
a statistic because it's not reported, and you are going to see this at 4:30
this afternoon.
Commissioner Plummer: Let me tell you my position. My position is the
taxpayers are not paying for the rangers. It was a special taxing district by
the merchants of downtown who have now expressed that they no longer want
rangers, they want that money to be diverted to another form of enforcement,
and as far as I'm concerned, it is their money. They are paying for it, and
whatever they want that is legal...
Mr. Avila: We want off -duty police officers. We don't want no security
guards.
Commissioner Plummer: ... whatever it is...
Mr. Avila: And I own a security guard company.
Commissioner Plummer: Whatever it is, is fine with me. Take it from there.
Mr. Avila: OK. Commissioner, Vice Mayor Alonso. I want you to consider
Instead of getting two horses and two more police officers, see if you can get
two police officers or one police officer more at night time. We don't need
no more horses. We got plenty.
Vice Mayor Alonso: I'm not talking about adding horses. I'm saying that
horses, the ones we have in certain areas, the one that we got, and I refer
to... He made, for example, 247 arrests. To me, that's impressive. So he
must be doing something. Maybe he has an exceptional horse, and whoever is on
top of that horse is doing something well done, and I applaud...
Mr. Avila: I don't want to get that, but...
Vice Mayor Alonso: ... that individual and it's working well. I'm not in
favor of adding more, but I'm also against removing the ones that people are
happy with and that the results are appropriate. I feet that we have to do
something and drastic. When I hear numbers like that, one officer in that
106 July 9, 1992
area, where you are right, you pay 30% of the tax base of Miami comes from
that area. You deserve better and I agree with you. You really deserve much
better.
Mr. Avila: Thank you.
Mayor Suarez: All right.
Mr. Avila: Thank you, Mr. Mayor.
Mayor Suarez: And by the way, Chief, you might want to throw this into your
hopper. Mr. Manager and all of us. I think at 4:30 or sometime in the
afternoon, we are going to take up the whole issue of the rangers and I don't
want to get into that necessarily, but if it's $450,000.00, as I was reminded
that the figure is, and as Commissioner Plummer says, it comes from a separate
fund, perhaps instead of going from totally City -managed and administered to
totally private security, there may be a hybrid where we suggest to them some,
either on -duty or off -duty police officers paid for partly with that fund and
then some additional private security just a hybrid system.
Commissioner Plummer: Well, Mr. Mayor, I want to tell you I will govern
myself by those who are paying the tab. What they want is what I want for
them to have.
Mayor Suarez: I understand but, you know, we probably will be consulting them
too.
Commissioner Plummer: What is the amount of money for the rangers? How much?
Mr. Avila: Four hundred and fifty some thousand dollars.
Commissioner Plummer: Impossible.
Mr. Avila: Oh, yes.
Commissioner Plummer: And how many rangers?
Mr. Avila: Sixteen rangers or seventeen rangers.
Commissioner Plummer: Mr. Manager...
Mayor Suarez: Matthew, you were shaking your head. As long as the
Commissioner seems to agree with you that that 1s not the figure, what is the
figure if you know it, sir.
Mr. Matthew Schwartz: It is about $420,000, but it is going to be less...
Mayor Suarez: All right. It is very close. to four fifty.
Commissioner Plummer: Wait... Matthew...
Mayor Suarez: All right. I thought you were going to contradict it totally.
All right.
107 July 9, 1992
Commissioner Plummer: Matthew... That comes out to almost twenty-five
thousand dollars a ranger. Mr. Manager, you told me that the rangers cost
twelve thousand dollars a man.
Mr. Odio: That is the salary.
Commissioner Plummer: Excuse me. Something is radically wrong...
Mr. Avila: Some of that money...
Commissioner Plummer: ...when you tell me four hundred and twenty thousand
dollars for 16 rangers it comes out to twenty-five thousand a man.
Mayor Suarez: Well, I am sorry. I sorry. I wanted to just suggest a hybrid
system and we take it up at that time. Please, Commissioner.
Mr. Avila: Some of that money goes for sanitation too, I want you to know
that.
Mayor Suarez: Yeah. It is a more integrated system.
Commissioner Plummer: Well, then somebody has to tell me the truth.
Mayor Suarez: It is a more...
Mr. Avila: Some of that money goes... Some of the money is for one employee
cleaning the street downtown.
Commissioner Plummer: Well, how much of it?
Mr. Avila: I don't have the figures.
Commissioner Plummer: Thirty-four thousand?
Mayor Suarez: Go ahead and use the mike if you are going to go ahead and
answer the question of the Commissioner.
Commissioner Plummer: Boy, I got to tell you something. This City cries out.
Mayor Suarez: Can we just make that available to him so that he can prepare
for the four thirty meeting on that? All right. I am sorry I even brought it
up. Gloria.
Commissioner Plummer: What is it Matthew?
Chief Ross: Let me just make one point here, for the record, and
clarification in terms of the one officer assigned. That is a geographic zone
area that we related to in terms of Biscayne Bay over to N.E. 2nd Avenue. The
extended portion of downtown, which I am sure you are referring to,
encompasses another zone, which has another officer in it, and, also, in
addition to those two cars you have the officers, two officers, that are
monitoring the rangers that are downtown. So you got more than just the one
except for the area you were referring to.
108 July 9, 1992
Mayor Suarez: Are they monitoring the rangers 24 hours a day. No.
Chief Ross: The times that they are off the rangers are there. They work at
night.
Mayor Suarez: Well, what is it. Just remind me please so we put on the...
Chief Ross: They work from six to six.
Mayor Suarez: Six to six. All right.
Mr. Avila: From six to six you have a police officer supervising those
people?
Chief Ross: Yes, sir.
Mr. Avila: I don't know where he is at, Chief.
Mayor Suarez: OK. That is another problem we have to deal with,...
Chief Ross: Well, he is there.
Mayor Suarez: ...and we will take that up...
Chief Ross: He is there.
Mayor Suarez: Yeah.
Mr. Avila: I just want to compliment Skip. I got a lot of help from him.
You know a lot of people criticize the police, and when I need to criticize
the police, I am going to criticize it, but I want to thank the Chief... The
merchants in downtown receive a lot of help from him whenever we have any type
of problem. So I want to say thank you.
Mayor Suarez: Very good. Thank you, Ruben. All right, Gloria.
Commissioner Plummer: You know, let me tell you something. Wait a minute.
Don't run off. Let me tell you the hog wash that I am getting here. I am
sorry. Matthew, this is not personal. Now I am finding out that not only is
your money paying for the rangers...
Mr. Odio: Before you say that, let me explain...
Commissioner Plummer: ...it is paying for three people collecting garbage,
plus it is paying for some of the policemen downtown during the daytime.
Other than that, my numbers... The numbers don't lie. The rangers cost
twenty-four thousand four hundred and thirty seven dollars and fifty cents
each.
Mr. Odio: No. We are paying them from...
Commissioner Plummer: Matthew. Matthew...
109 July 9, 1992
Mr. Odio: Listen. I don't care what Matthew says.
Commissioner Plummer: ...this is Mr. Cesar Odio...
Mr. Odio: I don't care what he says.
Commissioner Plummer: ...Mr. Odio, this is Matthew Schwartz.
Mr. Odio: I am going to tell...
Commissioner Plummer: Now would the two of you try to get one set of numbers
that is correct.
Mr. Odio: The average salary of a ranger is nine thousand dollars a year.
Commissioner Plummer: Mr. Manager...
Mr. Odio: We are paying them in a range from seven thousand...
Commissioner Plummer: Excuse me.
Mr. Odio: ...to eleven thousand.
Commissioner Plummer: Mr. Manager, let me do one time, just one time. Mr.
Schwartz, did you not tell me that the ranger program was three hundred and
ninety one dollars [sic].
Mr. Matthew Schwartz: Approximately that is what is allocated.
Commissioner Plummer: OK. Now here... You can't get this on the camera.
Three hundred and ninety one thousand dollars divided by 16 rangers. Is that
correct?
Mr. Avila: I believe so.
Mr. Schwartz: Seventeen.
Commissioner Plummer: Divided by 16 rangers.
Mr. Schwartz: Seventeen, Commissioner.
Commissioner Plummer: For the record.
Mr. Schwartz: There are 17, Commissioner.
Commissioner Plummer: Well, OK. I'll stand corrected. OK. Three ninety-one
divided by 17. Excuse me. Exactly twenty-three thousand dollars.
Mayor Suarez: That is not the entire program.
Commissioner Plummer: Somebody is not telling me the truth.
Mayor Suarez: That is not the entire program, but we will get into that at
four thirty, fully at length.
110 July 9, 1992
Mr. Schwartz: Commissioner, that...
Commissioner Plummer: Where is reality?
Mr. Schwartz: Commissioner, that is the amount of money with the benefits r
that they receive.
Commissioner Plummer: They are making nine thousand dollars and they are
making fourteen thousand in benefits? That is one hell of a jobt
Mr. Schwartz: No. They are making about sixteen thousand dollars a year.
Commissioner Plummer: He tells me they are making nine thousand dollars, and
you are telling me the difference is benefits. Fourteen thousand in benefits
when their salary is nine? Better than a hundred percent.
Mayor Suarez: Please. Please get those figures straight.
- Commissioner Plummer: Unbellevablel
Mayor Suarez: There cannot be such a high factor of benefits beyond
compensation.
Commissioner Plummer: You want to know why this City is in serious financial
trouble? Here is the reason. Nobody knows where the hell the left hand is.
Mayor Suarez: If it is an average salary of nine thousand. If there is
seventeen, and if the full...
Mr. Schwartz: It is not nine thousand. It is... Excuse me.
Mayor Suarez: If I said. If. And 1f the full amount for salaries is 391
that is the math. If there is something wrong in the math, please work it out
so we know that when we get to that point in the afternoon.
Commissioner Plummer: Yeah. Well, I would hope by 4:30 this afternoon that
some of this high priced help, that I am paying around here, could come with
-r one set of numbers.
Mayor Suarez: Please, let's have those.
Commissioner Plummer: Unbellevablel You ought to call this City Eastern
Airlines.
Mayor Suarez: OK. Gloria.
Ms. Gloria Rosello: Good afternoon. My name is Gloria Rosello, R-O-S-E-L-L-
0, 3007 N.W. 7th Street, Miami, Florida. I am very sad to see that on such an
important issue there is only four citizens here. First of all, in 1988 I
began studying with the former City Attorney something about the police. When
'. they have an accident on a chase, or whatever, the people, the citizens, sue
the City of Miami, and the City of Miami gladly pays.
ill July 9, 1992
11
Commissioner Plummer: Not gladly.
Alk
Ms. Rosello: But you pay. When it is visa versa I ask him for the figures.
He never gave them to me, right on this mike. All the amount of money when is
visa versa and the City of Miami is innocent of an accident, if they get...
They sue the company of the person they had the automobile accident with, if
they get the money back from them for the time that the Police Department
lost. That the police officer lost of the time of work, of the car damages,
and of everything. I never got an answer. I think that this is one of the
things that happened here. You talk about everything. You blame your staff,
and I am sorry, but, I never thought I said this. The staff is not to blame.
We don't vote for the City Attorney. We don't vote for the City Manager. We
don't vote for the Chief of Police. We vote for all of you, and it is about
time that all of you should give answer to us, and not stop fighting with the
staff at this moment that I know you are trying to get answer. But get things
then. Just not the fighting and then you don't get no answers. Commissioner
Plummer, you have asked, and asked, and asked. They never give you an answer.
I have been sitting here for six years and I haven't missed one Commission
Meeting, and I don't think things done. It is like Commissioner Dawkins says
this morning. We are ready for elections and what are we going to tell the
people. It is unfortunately that we have to hear this. I think we deserve
something else. About the crime, there is a good series running on Channel 7
now, with Sally Fitz, that most of the people that get hurt, they don't even
call the police, because if they do call the police, they tell them go right
to the crime. How are you going to go after they...
Commissioner Plummer:
Ms. Rosello: Yes.
Did you see last night?
Commissioner Plummer: Last night she was knocked...
Ms. Rosello: It was terrible.
Commissioner Plummer: She was knocked off at N.E. 2nd Avenue and 82nd Street.
She went to Miami Shores to make the report and the Police Department told her
to go back to where she was robbed when she was told that at once a day, by
the rescue, they haul somebody off that has been shot there, and she said no
way am I going back.
Ms. Rosello: And she is trying to prove that that is why most of those crimes
are not called into the police. So I think something is wrong, and it is in
your hands. If you don't like your Police Chief, if you don't like your City
Attorney, if you don't like your City Manager, you fire them. That is it. It
is as easy as that.
Commissioner Plummer: Now, let me tell you...
Ms. Rosello: But get your answers.
Commissioner Plummer: Let me tell you where I disagree with you. I like my
Police Chief. I think he is a great guy.
Ms. Rosello: I think so too.
112 July 9, 1992
Commissioner Plummer: I like my Manager. I think he is a great guy. But let
me tell you. If I am guilty of anything, I am guilty of not... Oh well.. .
like..* you know... all right... you know. I'll throw in a freebie. If
anything what I am guilty of 1s not setting the proper policy for the Police
Chief to operate this City. You hit it right on the head. The Chief does not
answer to the public...
Ms. Rosello: That is right.
Commissioner Plummer: ...as we have to. The Manager, who really is the
Police Chief in this town, doesn't answer to the public. He answers to us,
and we answer to the public. But according to the Charter, the Police Chief,
in fact, 1s the City Manager, and that is where the final and ultimate buck
stops.
Ms. Rosello: Then I think that it is time to change things if they don't
work. Even if we have to go to a referendum. That is what I thought we were
about here today, but I am having serious questions that we are.
Ms. Rosello: I think the Police Chief is the professional, and is the one
that should be heading the Police Department.
Commissioner Plummer: Agreed.
Mayor Suarez: All right.
Vice Mayor Alonso: Mr. Manager, before we move any further, I think we should
take it at this time, and if it is the fault of this Commission, I would like
to be told how do we change things to change what she 1s talking about. To
change all of what...
Ms. Rosello: That is right.
Vice Mayor Alonso: ...we hear here, and let's do it now.
Comnissioner.Plummer: We set policy.
Vice Mayor Alonso: I don't want to do it in 5 minutes. I don't want to do it
tomorrow. I want to do it today, right now. You have been here for a long
long time, Commissioner Plummer. You are the person who is in charge of the
Awareness Program. We have addressed issues of concern. Constantly the
public, the press, and otherwise tell us it is our fault. We are very pleased
with the Chief of Police. We are very pleased with the City Manager. We are
very pleased with everybody around us. We are to blame. What do we have to
do to change things? I... Let's address this issue. Let's not fool around
any longer. Why do we talk? We are talking getting it out of our system, and
enjoying that we feel better because it is out of our system until tomorrow,
or the next session from September. We did exactly the same thing that we are
doing today. That time we ended up at one o'clock.
Ms. Rosello: That is right.
113 July 9, 1992
Vice Mayor Alonso: Today we went to lunch, came back to regain energy, and
hit it again. And here we are again in the same boat and nothing is done.
What do we do? You just said a minute ago, let's set policy, let's change it.
Move it, and if 1t going to change it, I'll second your motion, and let's move
ahead and do it because something has to be done. The real world tells us
crime is destroying our City. The real world tells us they want to secede
from the City because they are not happy, first of all, with crime. We sit
here and we tell them, yes, we agree. We know that it is bad. A minute ago
someone came and said, I am from downtown Miami, we are paying thirty percent
of your taxes, and we don't get the representation that we deserve. Here we
sit down and say yes, this 1s horrible, it is awful, let's do something about
that, but we move on, then when this is over we listen to all the people who
come in front of us. We give, sometimes, an opportunity to the Police
Department to respond to our questions. Sometimes we give them the
opportunity to answer half of the questions, the rest we just move on to the
next question, and nothing is done. If it 1s not their fault. If it is not
the fault of the Police Department. It it 1s not the fault of the Chief of
Police. If it is not the fault of the City Manager, and it is our fault, who
are we kidding, let's do something about it. Let's change. What do we have
to change in order to do it now?
Commissioner Plummer: To my colleague, we have sat here now for over three
hours. Do you feel that we have accomplished anything today?
Vice Mayor Alonso: No. I said that in the morning.
Commissioner Plummer: My point exactly. I said to you earlier in the day,
since I didn't really and truthfully believe that anything would be
accomplished here today, that I have met with the Chief and I am willing to
sit with him and to massage the one thing that I have said to this Commission
for over two years. You need to get people to make reports and free up
policemen to do police work.
Ms. Rosello: That 1s not the answer.
Commissioner Plummer: OK. Now, I have heard every excuse in the book why it
can't be done. The Chief agrees with me. The Manager says there 1s no money.
Yet the public says we have to do something. You try to find a policeman, he
is writing a report. I have established in this here, my opinion, which I
have agreed to talk with the Chief on, 60 policemen that could be out,
tomorrow morning, doing what I consider to be police work. Let me give you
one classic example. Background checks. These are background checks for new
policemen. They audited the positions. Let me get my glasses on here so I
don't goof it up. OK. We presently have 11 police officers in background
checks. There are four that were audited, Mr. Manager, to be civillanized,
and it hasn't been done. That leaves seven police officers to do background
checks. Mr. Manager, I would like to bring to your attention that
Metropolitan Dade County are not a bunch of dummies. We would like to believe
that sometimes, but they are not. Metropolitan Dade County does not use a
single police officer to do background checks. They use personnel and do the
background checks, and when they are not doing that, they are code
enforcement, yet, we tie up 11 police officers...
Mr. Odio: Commissioner.
114 July 9, 1992
2
2
Commissioner Plummer: ...doing background checks. Now, you want my opinions,
I am giving you my opinions, and I think these are the kind of policies that
we have got to say to the Administration, we feel that we need prioritized, to
have these police officers out enforcing the taw, rather than sitting at a
desk doing background checks.
Vice Mayor Alonso: Didn't we do that...
Commissioner Plummer: That 1s not what I am hiring them for.
Vice Mayor Alonso: ...the first week in September?
Mr. Odio: But, but, but... I think we need to clarify...
Commissioner Plummer: We did that last year and we did it the
year before.
Vice Mayor Alonso: We did that in September, the first week
in September, we
did that.
Mr. Odio: And because...
Commissioner Plummer: I was promised last year, in budget,
you will recall,
one hundred and fifty PSAs (Public Service Aides). I fought
like a tiger. We
have 71.
Mr. Odio: We're willing... There were 93 but...
Commissioner Plummer: OK. This is the points...
Mr. Odio: ...the finance...
Commissioner Plummer: ...that I am trying to make to you.
That we have got
to do this. We can no longer continue...
Vice Mayor Alonso: Commissioner Plummer, but we did...
Mr. Odio: And, and...
Vice Mayor Alonso: ...in September. We did it then.
Mr. Odio: And we followed... Look it is easy to blame, but the fact is
sometimes you cannot do certain things. We have... going to end up the year
with 93, and the financial situation dictated how far we could go on that.
Ninety-three PSAs. By next year...
Commissioner Plummer: Sorry, the Chief says 71.
Mr. Odio: We have now but we should end up with 93.
Vice Mayor Alonso: Now many do we have?
Mr. Odio: Ninety-three are budgeted.
115 July 9, 1992
Vice Mayor Alonso: Ninety-three.
Mr. Odio: Ninety-three.
Commissioner Plummer: No. A hundred and fifty were budgeted.
Mr. Odio: No, but I mean money...
Vice Mayor Alonso: How many do we have?
Asst. Chief Raul Martinez: We have, on board, 71. By the last week of July
we will be starting another class that will put us around 93.
Commissioner Plummer: Yeah, but you see, Raul, let me tell you one of the
things that... You say that. Now, I want you to go one step further. When I
talked about this last year, I spoke about PSAs to go out and write reports.
Tell me how many PSAs are actually out, on the street, writing reports?
Asst. Chief Martinez: All the PSAs, excluding the ones that are in the
academy, we have like 26 that will graduate July 26.
Commissioner Plummer: How many of them are not in the station, but out,
because the Manager tells me they don't have cars. Tell me how many are out,
on the street, writing reports? - because I got the number. So, you know, it -
is a baited question. There is 18.
Asst. Chief Martinez: They are in three places. Teleserve, answering reports
over the phone, which I think is very important.
Commissioner Plummer: There are 18 on the street. OK. My agreement with the
Chief is, that if my budget year... My vote for budget this year is
predicated on 80 doing reports. Whether it is Teleserve or out on the street.
Eighty, a minimum. _
Mr. Odio: The other thing is you said we have put out 51 police officers from
inside the building, out to do patrol. On the background unit I told you,
last week, Commissioner, that it had been eliminated from the budget, and we
are now going to have 10 police officers. Didn't I tell you that.
Commissioner Plummer: Mr. Manager, you...
Mr. Odio: So we are listening, but the problem is sometimes...
Commissioner Plummer: And that is why I have not forced a motion before this
Commission today. Because I agreed to sit with Calvin and massage this thing
out prior to budget.
Mr. Odio: And there are... And I have point... Unfortunately, it ends up on
me. We do have some financial restrictions that we were not counting... That
=_ we would be... That we would lose two hundred and twenty million dollars of
tax assessment this year.
3'
Vice Mayor Alonso: And it has to end in your hands because you are...
116 July 9, 1992
s
Mr. Odio: Right.
Vice Mayor Alonso: ...City Manager,...
Mr. Odio: I am responsible.
Vice Mayor Alonso: ...and you are according to the City Charter
responsible...
Mr. Odio: Correct.
Vice Mayor Alonso: ...for that, and we are only to set policy.
Mr. Odio: Correct, and you have...
Vice Mayor Alonso: Otherwise we will be interfering with your duties.
Mr. Odio: Yeah. That is absolutely right.
Commissioner Plummer: Excuse me. No, no, no.
Vice Mayor Alonso: We are telling you what to do, but if it is not carried
out then, also, it is our responsibility...
Commissioner Plummer: You have a bigger...
Vice Mayor Alonso: ...in this matter.
Mr. Odio: And I agree with you, but...
Commissioner Plummer: Madam Commissioner, you have a bigger stick than
setting policy, and it is called budget. OK. And if you don't believe it
isn't true, you start whacking away at the budget and you will definitely get
their attention.
Vice Mayor Alonso: I want you to know that I gave a big no to our budget
already, and I was on the losing side.
Commissioner Plummer: You might not be this year.
Vice Mayor Alonso: I lost. I already went down last time trying to make a
point, precisely, in some of the issues that I felt were important. I don't
know but this is very frustrating. This is an exercise in futility, and it
makes us wonder.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: You know, every year for 11 years I sit here and I hear
this.
Commissioner Plummer: lhn hum.
Commissioner Dawkins: Every year for 11 years, Commissioner Plummer says we
are going to do something about it. Every year for 11 years Commissioner
117
July 9, 1992
,t ;
Plummer comes up with data and statistics to substantiate his position, and
every year, in September, I am the only one who votes against the budget.
Vice Mayor Alonso: I did too.
Commissioner Dawkins: I am the only one, and then I have had a person who
joined me. But all of this, unless you are going to do something about it,
we are wasting time. Now there is two PSAs that I don't hear nobody saying
nothing about that could be out there doing something. We got two PSAs
sitting right here in City Hall. And they are here every day.
Commissioner Plummer: And you had three until I raised hell. Because before
the new class, we had one.
Commissioner Dawkins: OK. But I am just saying how we sit here and we are
going through, you know, just verbal masturbation, for a lack of a better
word.
Commissioner Plummer: Mr. Mayor, I want to conclude, if I may, and then I am
going to conclude.
Asst. Chief Martinez: Thank you.
Commissioner Plummer: In 1983 for a hundred thousand dollar report, I would
just like to say to you, sir, that Booz Allen & Hamilton made these the issues
of their report, ten years ago, organization, training, career development,
planning and analytical requirements and resource utilization. Isn't it
amazing, ten years later we are still here talking, but doing nothing about
the same damn thing.
Commissioner Dawkins: And you are right.
Commissioner Plummer: I quit.
Ms. Rosello: Mayor.
Mayor Suarez: All right. Finish the statements, please, and from the public
hopefully.
Ms. Rosello: Is there something that we could do since the conversation got
cut off about the Police Chief that ask citizens could collect signature or
something to have something done? To get the Police Department out of the
political arena, or the Administration, or whatever.
Mayor Suarez: I leave that up to your own devices. I feel that we are doing
somewhat the opposite here. We are trying to instill a little bit of good
layman's logic into professional police work, but if you think they should go
in the other direction, that they should have more independence, then you are
entitled to try to change the system.
Ms. Rosello: Just in the direction that it will work. That 1s all.
Mayor Suarez: I don't know that it would, but you are entitled to try that by
petition, yes.
118 July 9, 1992
Mr. Odio: Mr. Mayor, I think I need to say this. The Police Chief is the
Police Chief, as far as I am concerned. I do not interfere in police matters.
I do interfere with the budget because I have to split the pie up, but as far
as I am concerned we pay a professional to do the job. I do not know, and I
said that, and I am honest enough to tell you that Plummer is the police...
Plummer might know more about police work than me but...
Vice Mayor Alonso: He is going to complain now from the other side.
Commissioner Plummer: Let me tell you what Plummer does know about it. When
he answers to you, and his job is up on your desk, you are the Police Chief.
Ms. Rosello: That is right.
Mayor Suarez: Yeah. And that goes entirely contrary to what you just
suggested, Gloria, but you can deal with that as you will. OK. Joe.
Mr. Joe Wilkins: Hello. Joe Wilkins, 228 S.W. 23rd Road. I am here today as
the Chairperson of the Crime Prevention Council of the City of Miami, which
the Chief mentioned earlier. We have 12...
Mayor Suarez: How many subcouncils do you have? OK.
Mr. Wilkins: We have 12 subcouncils from every part of the City of Miami. We
have some that have been established for a long time. We have some that are
regrouping and coming together around the issue of crime. I wanted to
introduce some of our chairpersons that were here this morning. They have...
Some of them have left, but Ms. Adker from Overtown, Ms. Quintana from
Wynwood, Melanie White from Coconut Grove was here this morning. We have some
good people working in all parts of the community.
Mayor Suarez: What happened to Johnakin? Did he have to leave?
Mr. Wilkins: Mr. Johnakin was here from Model City. Thank you for reminding
me. One of the things first things I did after becoming chairperson a few
months ago, was to realize the need for two standing committees immediately,
two things the citizens need to get involved in at once. One was a court
watch program that we are organizing that is coning along to kind of follow up
on what we are going with the Police Department to try and track, and to build
the kinds of bridges in the criminal justice system that we have been able to
do with the Police Department. The other was a Budget Review Committee, and
if you all have accomplished nothing else here this morning, you have well
established the need for an independent, communitywide, citizens review of the
Police Department and it's budget. This is with all due respect. The
community I don't think, at this point, is ready to take the Commission's
word, the Manager's word, or the Chief's word. This is our money. We want to
look at it. We want to see where it is going, and we will be back to make our
recommendations. I would like to introduce the chairperson of our committee
which is Melanie White from Coconut Grove. We will be back, and we will be
addressing a lot of the issues that came around this morning. Thank you.
Mayor Suarez: Very good. That was a very smooth...
119 July 9, 1992
Commissioner Plummer: Excuse me. May I offer to you, sir, and any of the
others as I have offered to Al from the Faternal Order of Police, my staff has -
got all of these documents as you see here, which is research not only for
this, but, also, most of it is really going to be addressing budget, and you —_
are welcome to come into my office, not take it out, but you are welcome to
come in my office, at any time, and photostat and use these documents. These
are City records, and... R
Mr. Wilkins: They should be public.
Commissioner Plummer: ...most of them are based on last payroll of the City.
So you are welcome, for you and your group, any group that wants to come into
my office and make yourself available of these records.
Mr. Wilkins: I appreciate that.
Mayor Suarez: That was a very smooth passing of the baton to Melanie so you
could relegate Jennifer to last... It is Jennifer, right?
Ms. Jennifer Clark: That is right.
Mayor Suarez: But if you don't mind, and you yield that away we will follow
the Crime Subcouncil.
Ms. Melanie White: On those issues that the City Commission has brought up
this morning I have heard independent panels, committees, committees,
committees, resolutions of nothing. OK. But the problem is that we, the
taxpayer, we are policing the Police Department. We are watching them. We
are there. Every Wednesday night, I mean, once a month on Wednesdays we are
there. We are utilizing our time, our free time, that we don't get paid for.
OK. You are talking money. Money, money, money, money here, money there and
money everywhere. My time is my free time that I can be getting paid for, but
no one has said anything about a citizen that 1s willing to spend their time
to help the Police Department. To make sure the Police Department is doing a
good job, and the job that I have seen them... that they have been doing is
excellent. OK. But commend them for what they have done right now. Commend
us, the 12 target areas, that you have not mentioned in this whole session,
since nine o'clock this morning, that has been working with the Police
Department since my being on the board, and we have established the budget,
and the court watch. These are people that are not getting paid. OK. You
need to understand that we are here. We are willing to work with the City
Commission. We are willing to work with the Police Department, and organize
it and getting something done for the City of Miami. Now you are talking
about Coconut Grove wanting to secede, and everything and all of that. Yes,
you know why? Because at one point and time we thought we weren't getting our
services on code enforcement, on Police Department, on sanitation, on all of
those issues. But since the NET Program has been erected and has started, I
have seen a whole lot of change, a whole lot of fanfare the Cesar Odio
brought, and should have continued on with, with the fanfare with NET. NET is
a good concept. I don't think two point two million dollars maybe could help
their program. That program need to be utilized, worked, molded, and it needs
to be brought more to the whole City, and this is basically what we want to
happen with the City Commission. You are elected. Do what we want you to do.
Help us and we will help you.
120 July 9, 1992
Mayor Suarez: Melanie, how many of the subcouncil members, let alone the
citizens, do you think know a phone number that they can call for their NET
Service Center?
Ms. White: All of them. I believe all of them.
Mayor Suarez: Do you?
Ms. White: Uh huh.
Mr. Wilkins: More and more every day.
Mayor Suarez: Do you think people are beginning to have that available to
them? They know who to call?
Ms. White: All of them are having that effect.
Mr. Wilkins: They do in our area.
Ms. White: I can get on the phone and call my NET police officer. I am very
surprised and very happy with it.
Mayor Suarez: What hours of the day do you expect to be able to reach them?
Ms. White: I reach them 24 hours a day. I have even called him after 12
o'clock at night, and he has come.
Mayor Suarez: You call him at home.
Ms. White: If I have... I call him on his beeper. He has a beeper. All of
them have beepers.
Mr. Odio: Hopefully, in about three months we could have a telephone system
that is better than that,...
Mayor Suarez: I hope so.
Mr. Odio: ...but we haven't had time. We haven't time. It has only been.
Mayor Suarez: The old Roads Association, John Wilkins phone system, that has
always been a dream.
Mr. Odio: Well the Roads...
Mr. Wilkins: The Police Department has one too.
Mayor Suarez: And how effective are we, generally, at bringing the citizens
into helping us with controlling crime, and combating crime, would you say?
Ms.- White: Well, what I see...
Mayor Suarez: We are beginning to learn how to do that from what you are
saying, but how far away are we from the promised land here?
121 July 9, 1992
Ms. White: You are a long way from it.
Commissioner Plummer: Yeah. That is for...
Ms. White: Especially with the City Commission. Because the City
Commission... City Commission, police officer, not community. Community
needs to be brought in on a lot of things. A lot of things that can be
addressed because we are paying the tax dollars for it. And a lot of times
you ask questions but you don't ask us, you ask the Police Chief.
Mayor Suarez: Do you think there 1s a surplus of interest... There are more
people that are interested in participating in crime subcouncils, et cetera.
Do you think that if we... Or do you think we have pretty much reached all
the people that would be conceivably interested?
Mr. Wilkins: No.
Ms. White: You have not reached all the people.
Mr. Wilkins: One of the things that we are trying to do very hard. One of
the things that I am working at full time now, is increasing that
participation. Up until fairly recently...
Mayor Suarez: How, Joe, how can we help with that?
Mr. Wilkins: Communication. Support through the Police Department.
Mayor Suarez: Mailings?
Mr. Wilkins: Support of our NET officers.
Mayor Suarez: Flyers.
Mr. Wilkins: Anything we can. We are...
Ms. White: And support from the City Commission.
Mr. Wilkins: ..trying it all. It depends upon the area. Some areas are
already very well organized, there is no problem. Other areas we are just
really beginning to organize, and we are just beginning to get the word out.
In that respect the NET Program has been very helpful because now we have a
focal point in every area.
Mayor Suarez: How often does the Citywide Council meet?
Mr. Wilkins: We meet every third Wednesday of the month, at the Main Police
Station.
Mayor Suarez: May I suggest that you invite, individually, the members of the
Commission to each of the meetings. To each successive meeting for five in a
- row or whatever. Until each of us has seen that first hand.
122 July 9, 1992 —
NOTE FOR THE RECORD: Commissioner De Yurre entered
the meeting at 2:52 p.m.
Mr. Wilkins: It is the third Wednesday of every month, seven o'clock p.m.,
downtown, at the police station,...
Mayor Suarez: Very good.
Mr. Wilkins: ...and it is a public meeting. The more the merrier. We
certainly...
Ms. White: Can I get a consensus that everyone from the City Commission will
be there?
Mayor Suarez: I think that you should try each one in succession. Get your
full time with each one of us, so you can have the full input to each
Commissioner, and each one be aware of how it works. If you invite all of us,
it becomes kind of like this, somewhat of a circus.
Commissioner Plummer: Have you ever sent us the minutes of your meeting?
Ms. White: Excuse me.
Comnissioner Plummer: Have you ever sent us the minutes of your meeting?
Ms. White: No. We haven't. We will.
Mr. Wilkins: I'll be happy to provide the minutes, an invitation...
Mayor Suarez: That is a good idea too, Joe.
Mr. Wilkins: Anything you like.
Commissioner Plummer: I think it would be... I think it would be very
beneficial...
Mayor Suarez: Communications works both ways.
Commissioner Plummer: ...that we know what you are doing.
Mr. Wilkins: OK. I'll be very happy to. I would like to, while I have the
opportunity, also, to thank Chief Ross because he has been very supportive.
It has only been... I have been at this for about the past six years, and it
has been only in the past year that we have really begun to see the kind of
meaningful support that we need to get these things going again in all the
areas. Some areas are very well established, and very much ongoing. We are
having... I meet monthly now with Chief Ross to communicate whatever is going
on.: What I get from the subcouncil chairpersons. We are having a retreat
workshop in September. We are organizing a community response team to
anticipate any possible things that may be coming up this fall. We are
rallying on a number of issues. We have a tot of things going on, and we are
123 July 9, 1992
getting good support from the community. We have go a beginning in every
neighborhood. Now we need to just keep expanding.
Mayor Suarez: Does the... Do the Crime Councils know and work with the union
head?
Mr. Wilkins: Not yet.
Ms. White: No. No. No yet.
Mayor Suarez: A lot of...
Mr. Wilkins: But after I heard his statements about the State Attorney's
office we may want to invite him to our Crime Watch Program.
Mayor Suarez: Yes. Yes. Because then...
Mr. Wilkins: Court Watch Program, excuse me.
Mayor Suarez: We got to put a little pressure on the court system, folks.
One way or the other.
Mr. Wilkins: Yeah. That been one of our most successful programs.
Mayor Suarez: And we have judicial elections coming up.
Mr. Wilkins: We are getting that together also.
Mayor Suarez: And the law does not prevent our coming out with our opinions
on judges who were to lax. The last time I checked you are allowed to do
that, and you are allowed, from the court observer program, to give ratings...
Ms. White: Right.
Mayor Suarez: ...and...
Mr. Wilkins: And we will be.
Mayor Suarez: If you find any that are .too lax just let me know, because I'll
make sure that, for myself, and I suspect the rest of the Commission will
support the opponent, and there is going to be a lot of opponents.
Ms. White: Those components will have to work in the future, and Chief Ross,
and any member of his staff will tell you, I am one person that I don't take
no very lightly.
Mayor Suarez: Very good.
Ms. Whites. OK. I don't take it very lightly because I feel that if anybody
gives their word to doing an issue or, you know, carrying out something,
please, do it. Because the community is watching you, the City Commission is
watching you and everybody is watching you. Let's get something done for the
- City of Miami because this has been going on too long, and it is not getting
- any better.
124 July 9, 1992
C.
Mayor Suarez: Thank you, Melanie. Jennifer, you want to finish up. McBride,
did you speak already?
Ms. Jennifer Clark: Jennifer Clark, 713 N.E. 71st Street. I have been
listening to you talk about money all morning, and how desperately we need
money to put more cops on the street. As you know, for the past several
months I have... dove into HUD (Housing and Urban Development), their
guidelines, CDBG (Community Development Block Grant) funding, target areas, I
have been looking at this stink of stuff since November. One of the things
that I learned in my research is that this City because of the target areas
that are set up, which deal with low and moderate income people, 1s entitled
to use CDBG money for foot patrolmen in those areas. I mentioned that to Mr.
Odio right after you broke. I am wondering if any of your Commissioners are
aware of that, and if you are, why haven't you done that?
Mayor Suarez: What about the possible use of CDBG monies. I gather she means
the fifteen percent that is not for economic development. I can't image the
eighty-five percent that is...
Mr. Odio: I asked her to meet with us and tell us specifically from what area
of the CDBG funding we are allowed to take the monies for police. And at that
point it will be a policy decision whether we use it for economic development
or whatever.
Mayor Suarez: Unfortunately, our cycle just ended. I think it is July 30th.
Mr. Odio: Yeah. We start the new cycle...
Mayor Suarez: So when the new cycle begins...
Mr. Odio: June 30th...
Mayor Suarez: June 30th... the new cycle has just begun, and the last time I
checked there was 12 or 13 million dollars a year. I don't think most of that
can be used...
Mr. Odio: OK.
Mayor Suarez: ...for what you are saying, but even if some of 1t can... Darn
good idea.
Mr. Odio: It is a... Well...
Mayor Suarez: Particularly when we create a new project.
Mr. Odio: Well, let me... You would have to take it, according to Frank,
from social services. Public services...
Mayor Suarez: From the fifteen percent. But fifteen percent...
Mr. Odio: That 1s fifteen percent.
Mayor Suarez: ... of thirteen million is still over two million. So...
125 July 9, 1992
Mr. Odio: That is two million dollars you would have to...
Mayor Suarez: ...that is a nice pot there. Now you know the groups that come
here...
Ms. Clark: The two point two that Chief Ross was talking about that would
probably...
Mayor Suarez: You know the groups that compete for that fifteen percent,
right? They range from child care to elderly services. Commissioner Plummer
always says the two criteria are those that provide food and health care as
priorities. In this case we would have to make a determination if some how we
are going to apply some of it to law enforcement. That is interesting.
Ms. Clark: If I may interject, Mayor Suarez, on June 17th you received a copy
the letter from HUD which specifically addresses the millions of dollars that
have been spent on CEOs (Community Based Organizations) since 1985, and I
think that money, from he people that I talked to in Washington, and in
Jacksonville,...
Mayor Suarez: That is a fair comment.
Ms. Clark: ...could be tapped for that.
Mayor Suarez: That is a fair comment. The fifty thousand dollars that we
give per CBO, and usually there is 11 or 12 of them, you are talking about...
Mr. Odio: It is a total of eight hundred thousand we are getting.
Mayor Suarez: Right. I don't know that we are up to 19 of them that would
make it eight hundred thousand, but...
Mr. Odio: No. That is what you approved this year, Mr. Mayor.
Mayor Suarez: Right. Maybe figure a little less than that. But, anyhow, if
it was eight hundred thousand, that is a substantial amount of money, and some
of those agencies are being questioned by HUD. Many of them are magnificent,
and some are not doing as well as they should be doing, but they are trying to
do something extremely difficult...
Commissioner Plummer: Knock them out.
Mayor Suarez: ...and it is hard to expect them to do more than what they have
done. Anyhow, we are going to be reviewing that. I think today we are going
to be reviewing that, from what I hear.
Ms. Clark: Yeah. Later on today. The other thing that I wanted to mention
is...
Mayor Suarez: And if there is any single one. Well, I am sorry I should say
that to you. You...
Ms. Clark: There is one that they targeted specifically.
126 July 9, 1992
Ll
Mayor Suarez: Yes. Yes. You suggested one.
a
Ms. Clark: You know, fifty thousand dollars for telephone booth.
Mayor Suarez: ...The Greater Biscayne Boulevard Chamber of Commerce.
Ms. Clark: Yes, sir.
Mayor Suarez: I know you don't want them to be funded, but if there is any
other that you want to let us know about today, please do.
Ms. Clark: The other issue that I wanted to speak briefly on is NET, and how
well it is working. One of the things... I don't know if it is going to go
towards that or not, but I have been seeing documentaries and news shows on
things called community based officers, which take it further than just one
officer in a community, and I don't know if that is what the Police Department
has in mind or that is what 1s on the horizon coming up, but I think that that
would be a way to go with that, with regards instead of just having one
officer you have patrols of officers. Community based officers. It seems to
be working in Chicago, New York and Philadelphia very well in cleaning up
neighborhoods that really need it.
Mayor Suarez: Very good.
Ms. Clark: I will see you guys later.
Mayor Suarez: Thank you.
Ms. Clark: Bye bye.
Mayor Suarez: That is not too different from what the Chief has been talking
about. I don't know that you are exactly talking about the same thing, but
community based policing is what he has been suggesting, and maybe you ought
to clarify to what extent we are actually beginning to implement that. Yes.
Mr. McBride, sir.
Mr. Duke McBride: Good afternoon. For the record my name is Duke McBride. I
reside at 200 S.W. 25th Road. For whatever reason the Roads Association and
affiliated organizations through the Coral Way region have allowed me to come
convey the messages of the homeowners and the residents of those areas. You
know, I would like to predicate my comments with the statement that we are not
anti -police. We have had some great successes. In fact, 1n my area,
statistically, crime has decreased some over the past twelve months or two
years, end, although a great portion of that has to do with the public
awareness, ' cducation and crime watch that we have developed and organized
throughout the area. Sometimes it is very difficult to get people to do
something like pick up the phone and dial 911 with what they see. However...
Mayor Suarez: Or people are concerned that dialing 911 is for emergencies
only, and they just have a hint or some suggestion or some information that
they would like to pass on to the Police Department as to what may be a crime
or not. You know 911 is a pretty drastic thing to do.
127 July 9, 1992
Mr. McBride: Fortunately, we are organized...
Mayor Suarez: And that is why what you guys are doing is...
Mr. McBride: ...enough where most of our membership also knows the 6111...
Mayor Suarez: All right.
Mr. McBride: ...complaint desk line, so we have, through education, increased
the reporting of and...
Mayor Suarez: Since you mentioned that very intelligently, Mr. Manager, what
is the phone, the best phone to call if somebody wants to call in a... Ask
for service on a crime issue or wants to call in a crime that they think is
being committed, or someone that is suspicious?
Mr. Odio: Wait a minute. I might give you my number. I use a number is 579-
6436. Is that... [INAUDIBLE RESPONSE] What...
Mayor Suarez: By the way, folks, this person has a very interesting name. I
don't know why, because I don't think that it is always a sergeant, and I
don't think that the general notion is that the person is always receiving
complaints, but the person is called a Complaint Sergeant. So, why this
should be I don't know. Maybe we should come up with a better way, but,
Chief, what is...
Asst. Chief Donald March: I have been trying to change that for decades.
The...
Mayor Suarez: It has always been called a Complaint Sergeant in the City of
Miami.
Asst. Chief March: Right. It is steeped in history and it is hard to change.
The non -emergency number is 579-6111, but the scenario that you were just
starting to talk about is a legitimate use of 911, and that is if someone sees
a crime in progress, that 1s an emergency, and that, certainly, does qualify
and we would encourage them to use 911.
Mayor Suarez: By the way, I have to tell you too, and a compliment here, the
579-6111 number gets answered very quickly, and gets referred very quickly to
the appropriate department. I have to compliment all of you on that. I would
have thought in a City of our size, with the number of calls that we get, that
it might take awhile, but it really works very well. I prefer another one but
you, obviously, don't want to give it today. Go ahead.
Mr. McBride: OK. I am here... I just want to convey to you two personal
experiences I have had in the last twelve months. I had my third vehicle, in
eight years, stolen out of my driveway a couple of months ago. That morning I
had gone from... That morning I had gone from my home in the Roads, up
northwest 2nd Avenue to 14th Street, over to east 2nd Avenue, and up east 2nd
Avenue to 24th Street, where Better Way was formerly located, and I saw from
the main police station downtown, to 24th Street at northeast 2nd Avenue, no
less than one dozen separate patrol units on the street, which is magnificent.
However, I couldn't get... I haven't visualized an actual patrol unit just
128 July 9, 1992
riding around our neighborhoods for quite some time now, and I understand and
a great many of your constituents understand that if you put a police... We
had a windfall and placed a police officer on every corner that won't solve
crime. However, the perception of our areas are, in this day of professional
law enforcement where computers play such a significant role, that
statistically we may not need officers as often as an area like northeast,
where I can frequently see prostitution and drugs sold in front of the
ministation on 26th and Biscayne. However, the perception is that we are
being abandoned by using this professional computerized statistical data.
White I am personally appalled by the absurdity of the Grove secession, I can
understand what leads to it, and there are just a couple of simple things. If
you have a baby that is teething, you put a pacifier in its mouth. The Police
Department and the City of Miami submits bills to us, and we pay them, and
whether it is liked or not, our concerns need to be addressed. And we could
very well be wrong, and we could demand sweeping changes that provide for
taking officers out of administrative roles and placing them on the street to
fulfill our need to see patrol officers in our areas. Right, wrong, or
indifferent, we pay the bills, and I think that somewhere along the line that
needs to be responded to. In the fourteen years that I, personally, have been
involved in the City of Miami politics, and I have been ejected from these
chambers by a previous Mayor, and what have you.
Mayor Suarez: You have never been an obnoxious sort of person to be ejected.
I wonder what you...
Mr. McBride: Yes. I have grown up and...
Mayor Suarez: Although you are getting more and more of that now.
Mr. McBride: ...also I have to admit that this Commission is considerably
more receptive to public input than previous Commissions,...
Mayor Suarez: We appreciate that.
Mr. McBride: ...and sometimes I just didn't agree with the previous Mayor's
budgetary prowess.. However, what we are trying to say here is, even if we are
wrong, give us an opportunity to be responded to, and if, in the future, we
are proven wrong, I am sure that the general public will concede to the
professionals and the computers. We have reached a point where some very
simple things...
Mayor Suarez: We have reached the point that we need you to finish up here.
Mr. McBride: Wrap it up. All right. There are some very simple things that
will appease a lot of this community, and one of them happens to be doing
whatever has to be done to see more white patrol units, with red and blue
lights, on the streets of our City.
Mayor Suarez: Thank you, Duke, and thank you for all your participation and
helpful involvement in issues ranging from the homeless, to police protection,
to community service. Thank you ladies and gentlemen. Commissioners, I think
it is time to move on to other issues, but as has been stated, a lot of what
we have discussed today affects money. So please if you are interested in how
we decide on the police budget come back to the budget hearings which begin, I
129 July 9, 1992
guess we will be going into it to some extent next Thursday, and then, of
course, in September. And we have some other things that we have to try to
work up, as to specific hot point in the City.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner De Yurre: Before we move on to something else, certainly, we =-
have to come to some sort of conclusion...
Commissioner Plummer: Yeah. I was just about to ask. What did we accomplish
today?
Commissioner De Yurre: You know one thing that I would suggest is, we have a
meeting next Thursday, and we spent three, four hours on this item, right
here, dealing with something that is, certainly, the most significant issue
that impacts in our community. It is the thing, it is at the top of the list
of every complaint list that you can find throughout this whole community, not
only the City of Miami, but throughout Dade County, I think at our national
level. I would like, you know, we talked about establishing neighborhood
teams, we talked about redistribution, we talked about decentralization, we
talked about reassignment, we talked about a whole bunch of good things.
Maybe it is time, you know, to say to the Chief, Chief, take a week and come
back with a plan that can give us some relief, and give the citizens some
relief as to what we can accomplish, and give them a response which they are
looking for, as far as giving them the proper protection, whether it is
perception or reality, that they can feel at ease walking out their door,
going down the street, and walking in the neighborhood. And maybe that is
something we can shoot for. If nothing concrete today, but something that we
can come back next week and say, Chief, what do you have for us?
Chief Ross: I can give you that this morning, or this afternoon rather, and
the... As opposed to giving perceptions I can give you reality, and it is not
smoke and mirrors, it is really what is needed. In order to provide the basic
and minimum service so that our officers are adequately responding to calls
for service, and on a timely fashion, the number 1107 to 1114 is the realistic
number. Now, that is just so that we can adequately respond. Over and above
that the positions needed, there are seven zero, 70 additional positions that
we have identified, that can be deployed both or in all sectors of the City,
18 officers can be deployed in the north district to be used as preventive
patrol. That is directive patrol. The same thing that our officers are being
used in overtime capacity now, if we had the extra officers we would put them
there in regular on -duty capacity. Eighteen officers in north, 18 central and
18 south. In addition to those officers we have identified four additional
officers that need to be assigned to the liberty Square Housing Project, in
Liberty City, four to the Arena Tower...
Commissioner Plummer: Full police officers or are you talking...
Chief Ross: ...four officers.
Commissioner Plummer: Are you talking about the senior citizens type of
police officer? The "J" officer.
130 July 9, 1992
11
11
Chief Ross: No. Not "K". We are talking regular police officers.
Commissioner Plummer: Not "K"? Why would you use...
Chief Ross: This is a Liberty Square Housing Project. This is...
Commissioner Plummer: Why would you use "K" officers in Jack Orr Plaza, and
1n Coconut Grove, but up there you are using full police officers?
Chief Ross: Because that is a very high crime area...
Commissioner Dawkins: And the drugs...
Chief Ross: Drugs.
Commissioner Dawkins: And the drug capital of the world.
Chief Ross: Absolutely.
Commissioner Plummer: In the housing projects?
Chief Ross: 12th Avenue, to 15th Avenue, to 62nd Street, to 67th Street...
Commissioner Plummer: OK.
Chief Ross: ...where they are currently stealing the copper tubing out of the
renovated housing projects. In addition to the Arena Towers four additional
officers for beats downtown. Four additional for the Grove area. That totals
out to 70 additional officers bringing it up to a total staffing of 1184.
With those additional officers we will be able to provide, over and above,
just regular reactive patrolling. We will be able to do some preventive...
Commissioner Plummer: No, way.
Chief Ross: ...patrolling that can give...
Commissioner Plummer: No, way.
Chief Ross: ...the service to the citizens that they are requesting. In
addition to that...
Mayor Suarez: May we assume when you talk about the Grove you don't mean...
Commissioner Plummer: That is six million dollars additional.
Mayor Suarez: ...the place where now find tons of them at nights, Fridays,
Saturdays and Sundays, but you mean the actual west Grove, the neighborhoods,
Grand and Douglas, et cetera.
Chief Ross: Yes, sir. We looked at ways of accomplishing this knowing that
we are in a severe crisis, budgetarily speaking. We talked about the
civilianization of forty position to remove officers from the police station
and put them on the street with civilians. There is a class that the Manager
has verbally approved for August, to hire an additional forty.
131 July 9, 1992
=o
Commissioner Dawkins: Hiring forty policemen, or forty civilians, or forty
what?
Chief Ross: He has approved to hire, in August, an additional forty police
officers.
Commissioner Dawkins: And how long will it take to get them in training and
out, Chief, please?
Chief Ross: There is a six months.
Commissioner Dawkins: Beg your pardon.
Chief Ross: There 1s six months. Six months of training. But 1n order for
us to do that,...
Commissioner Plummer: Can we tell the burglars to wait six months?
Chief Ross: ...obviously, we have to start somewhere and we have to start
now. The projection though is to get to 1184...
Commissioner Plummer: Let me tell you something. You all are going to have
the...
Chief Ross: ...and, hopefully, we can get there without attrition eating us
alive...
Commissioner Plummer: ...roughest time in the world winning reelection.
Chief Ross: ...in order for us to provide the types of services that you are
asking about, Commissioner De Yurre.
Mayor Suarez: I gather you are not raiding to many other police forces as
they are raiding us. I mean do we have any chance of getting some officers
that are already pretty much trained? -Bilateral transfers.
Mr. Odio: What we are trying to do is promote the PSAs to police officers.
Mayor Suarez: Does that take six months?
Mr. Odio: No. Yes. Yes, I mean, yes.
Commissioner Plummer: Let me ask you this question, Mr. Mayor. You know, and
as I said this to the Chief I'll say it to you. For certification by the
State of Florida, PSAs require 200 hours of training. We require, don't know
why, 495 hours of training. More than double that is the State requirement to
simply fill out a report. Now you know why it cost eighty-two hundred dollars
to get one PSA into school. Eighty-two hundred. When you talk about a
hundred PSAs, just to do the background to get them 1n school for a hundred,
is eight. hundred and twenty-two thousand dollars. It is amazing. It can't
survive. This City cannot financially survive under those kinds of rules.
132
July 9, 1992
Commissioner Dawkins: But if it takes eight hundred and twenty-two thousand
dollars to put the PSAs on the streets as policemen, what does it take to put
somebody, for the lack of a better word, green, on the force?
Commissioner Plummer: It would probably, under those scenarios, if you follow
through, you are probably talking in the neighborhood of five million dollars.
Commissioner Dawkins: So, therefore, it is to our advantage to spend eight
hundred and eighty-two thousand dollars rather than to spend five million.
Commissioner Plummer: No, sir.
Commissioner Dawkins: Why?
Commissioner Plummer: It would be to our advantage to find a way of a system
to eliminate, as you brought up the other day, which I have never heard any
discussion that you asked for, in reference to the qualifications of a PSAs,
and the piece of paper that you showed, as to the boundaries in which they
were going to be hired. Now, all I am saying to you, there is a tremendous
need for PSAs. I think that is one thing that we all agree upon. Now, if
that is the case and the State certification says 200 hours, why don't we say
to the Police Department, put those people on at the 200 hours, start them to
work, and if you want more training at a later time, do it, but at least put
them on and get them working. We are not doing that, and we are not setting
that policy.
Mr. Odio: I think that they need to know why they are doing that.
Chief Ross: The minimum standard for training for PSAs, in order to be able
to write tickets, the 200 minimum for training, however, PSAs in this City, in
this Police Department, and this Police Department started the PSA program
that other Police Departments have copied, the PSAs do a lot more than just
issue tickets. That is something that Off -Street Parking just does. But they
are involved in a lot more. They write reports, as the Commissioner has
indicated. The training... The 200 hours of training will not target that.
It targets... Gives them just a minimum certification to write tickets. So,
the additional training is necessary for them to do additional duties within
the Police Department that they are required to do.
Commissioner Plummer: Chief, I don't fight you on the issue. I am saying get
them to work, and then give them the additional training at a later time. We
can't tell the criminals to wait six months until they get finished. That is
my point.
Chief Ross: But the issue that I am making is that if we put them on the
street to write reports, and they only have training to write tickets, then we
are missing the boat.
Commissioner Plummer: If you can't train a PSA to write a report in 200
hours, you will never train him.
Commissioner Dawkins: But Chief, how many hours does it take to train a
person to become a policeman? How many hours of training do they have to
have?
133 July 9, 1992
Chief Ross: Six months of training.
Commissioner Dawkins: Six months. How many hours?
Chief Ross: That 1s about 840 to 860.
Commissioner Dawkins: OK. Is it anything in the rules or regulations which
says that we can hire a person, give it the 400 hours training, and then let
that person go to FIU (Florida International University) or to Miami Dade, in
the afternoons, on their own, and continue the training where they would be
policemen. Is there anything wrong with that?
Chief Ross: Yes, sir. And I would be very skeptical in putting an individual
on the street to represent the City of Miami or to provide services to the
citizens without adequate training, and have them going to school, after
hours, but every day, out 1n the streets, providing services, inadequate
services to the City, the citizens of this City.
Commissioner Dawkins: OK. But let me ask my question again,...
Commissioner Plummer: Now we get inadequate services with no response.
Commissioner Dawkins: ...maybe I wasn't heard. Maybe I wasn't heard. Listen
to me closely. If you give 400 hours of training to an individual, then that
individual is qualified to go on the streets as a PSA. Is that a correct
statement? Now, they are working on the streets as a PSA, and I am just
thinking out loud. Is there any way that individual could continue, as they
work as a PSA, to obtain the additional hours required to become a policeman?
Chief Ross: There is a complete different curriculum, and set of
requirements, that must be met by that employee from inception to end, in
order to become State certified. You cannot pick up those additional hours,
on his own, at some outside certified State college. He must go through the
certified course to become a police officer.
Commissioner Plummer: Which is 200 hours.
Commissioner Dawkins: So an individual graduating from FIU (Florida
International University), or Miami Dade Community College, with a degree in
criminology, is not qualified as a policeman?
Chief Ross: He will not be certified short of the...
Commissioner Plummer: He has got to have the proper credits.
Chief Ross: ...standards that is set for becoming a police officer. Let me
just answer your question further by saying this. Those individuals that are
PSAs. That have gone through 460 hours of training to become PSAs, once they
are to be upgraded as police officers they still must go through the course
offered for police officers to become State certified, which is an additional
860 hours.
134 July 9, 1992
& 0
Commissioner Dawkins: Another what... Fourteen hours they have to go
through?
Commissioner Plummer: Twelve hundred hours.
Commissioner Dawkins: They got to go through fourteen hundred hours to become
a... It goes 600 hours for a PSA and then goes back to school...
Commissioner Plummer: No.
Commissioner Dawkins: ...for 800 hours...
Commissioner Plummer: No.
Commissioner Dawkins: ...for a policeman?
Commissioner Plummer: Four ninety for a PSA.
Commissioner Dawkins: Wait a minute. Wait a minute.
Chief Ross: That 1s correct.
Commissioner Plummer: Yeah. That is the point I have been trying to make to
you, but nobody wants to listen.
Vice Mayor Alonso: Chief, can you go...
Chief Ross: The only thing that can possibly be done, and I have never heard
of this happening, but we will certainly check on it, Commissioner, to check
with State to see if some of those hours that they have already be accredited
with, as a PSA, can be attributed to, now, their new upgrade position, so that
they would not have to take those additional courses. And I am sure there is
some duplication in that.
Commissioner Dawkins: Better yet, Chief, I would like to meet with you, and
you and'I sit down with Eduardo Padron, and see how to map a curriculum that
would satisfy the needs, our needs, and be sure that the trainee receives that
that the Police Department requires, and have a curriculum just for that in
order to meet our needs.
Chief Ross: I'll have someone contact your secretary.
Commissioner Plummer: Chief, when are we going to be able to, as you asked
for, to sit down and identify these 60 people back out on the street?
Chief Ross: Commissioner, my calendar is open tomorrow, this evening,
whenever your calendar is available.
Commissioner Plummer: All right. Mr. Manager, assuming I spend the time,
which I am going to do. How soon can you make the civilians available, when
identified, where a police officer can be freed up to go back out on the
street?
135 July 9, 1992
Mr. Odio: As I told you I have a philosophical problem with that. I don't
necessarily believe that...
Commissioner Plummer: Then please tell me, right now, if that is the case,...
Mr. Odio: Well, let me... let me... let me finish.
Commissioner Plummer: ...because if it is, I don't want to waste my time and
the Chief's.
Mr. Odio: Well let me finish, please. I told you that because you have a
function being performed there now, that it should not continue being done by
them, but by the Finance Department, Personnel Department, or Budget
Department, whatever. We have duplications. I don't want to replace one for
one.
Commissioner Plummer: I understand what you are saying.
Mr. Odio: I am in agreement with you that we need to put the 60 officers out.
Commissioner Plummer: I understand what you are saying, sir.
Mr. Odio: But what I'm saying is, I don't want to necessarily give them 60
civilians.
Commissioner Plummer: But I want you to know, and I want this Commission to
know, I don't mind spending my time.
Mr. Odio: Please do.
Commissioner Plummer: OK? But what I'm saying to you is, that when the
summation is finished...
Mr. Odio: Don't expect one for one.
Commissioner Plummer: No, all I'm expecting is, if the number is that it's
60, then I expect those 60 to go back out on the street...
Mr. Odio: Wait, wait wait.
Commissioner Plummer: ... if he and I agree upon it...
Mr. Odio: Let me put it this way. We'll find a way of putting them back out
without having to hire 60 civilians. I will not agree today to hire 60
civilians, Commissioner.
Commissioner Plummer: Chief Ross, my agreement with you on budget is off,
si r.
Mr. Odio: No.
Commissioner Plummer: My agreement with you... —
Mr. Odio: You are not listening.
136 July 9, 1992
Commissioner Plummer: ... is off, sir. OK?
Mr. Odio: OK. Fine.
Commissioner Plummer: I'm sorry. I cannot make a commitment to you, which I
made, for my vote at budget time, and please I'm not finding any personal
fault with the Manager.
Mr. Odio: No, you can't, because I'm telling you the truth.
Commissioner Plummer: My vote that I committed to you, sir, for budget is
off. It's got to be.
Commissioner Dawkins: I think what's being said is not being heard. I think
what the Manager is saying, and if I'm in error, please correct me, please
correct me. What the Manager is saying is, he may not give you one for one
because he may have a person in Finance who can go from the Police Department
in Finance and also serve the Fire Department as a Finance officer,...
Mr. Odio: Yes.
Commissioner Dawkins: ... and also do the work he's already doing in Finance.
So, therefore, you have a person that would replace the Finance officer in the
Police Department who could go on the streets,...
Mr. Odio: Yes, sir. That's what I'm saying.
Commissioner Dawkins: ... and also the one in the Fire Department who could
go on the street.
Mr. Odio: That's exactly what I'm trying to say. I said that he's right,
that he is entitled to get those 60 police officers out, but that doesn't mean
we should go out and hire 60 civilians. That somebody can do the job within
the City.
Commissioner Plummer: Yeah, but you see, Mr. Manager. Let me tell you where
the problem is. If the Chief and I sit down and we agree, and the Chief says
he can't release them without civilians, then we've really not accomplished
anything.
Mr. Odio: But I'm telling you that we will release them some way,...
Commissioner Plummer: No, that... See...
Mr. Odio: ... but I will not...
Commissioner Plummer: The Chief basically said to me, that he cannot...
Mr. Odio: Commissioner, 60 civilians cost you $2,000,000.
Commissioner Plummer: Sir,..,
Mr. Odio: I'm not going to sit here and tell you...
137 July 9, 1992
Commissioner De Yurre: Guys. Guys.
Mr. Odio: ... I'm going to hire $2,000,000 worth of people.
Commissioner Plummer: But you are talking about you need 60 more policemen.
Commissioner De Yurre: J.L., the bottom line is, you want 60 officers out in
the street.
Commissioner Plummer: That's it.
Mr. Odio: You'll get it.
Commissioner De Yurre: By when...
Commissioner Plummer: Hey, I can do that right now. OK?
Commissioner De Yurre: Cesar, Cesar, by when...
Commissioner Plummer: You got 14 police officers in the property bureau,...
Commissioner De Yurre: And Chief,...
Mr. Odio: For instance, let...
Commissioner De Yurre: ... by when you get them out?
Mr. Odio: Can I give an example?
Commissioner Plummer: ... you got 12 in backgrounds. Jesus!
Mr. Odio: Can I give an example? And it's not fair to the individuals. But
I have the Finance Department in there, and they found that there is at least
six people that, they are doing the same work over in Finance that could be
relieved. They have more Payroll people in the Police Department than we have
in the centralized Payroll Department of the City of Miami. That's what we
are trying to tell him. I am willing to relieve the...
Commissioner De Yurre: Time. Give me a time frame to take care of...
Mr. Odio: By next week.
Commissioner De Yurre: ... the remedies that we are looking for. By when?
Thirty days?
Mr. Odio: By next Thursday.
Commissioner De Yurre: No, no. To look for some results.
Commissioner Plummer: I tried to keep my part of the bargain. I'm sorry. I
tried.
Commissioner De Yurre: Chief, when can we get some results?
138 July 9, 1992
Mr. Odio: But, J.L., what you are...
Commissioner De Yurre: From what you need.
Mr. Odio: You want the 60 people, right?
Commissioner Plummer: All I'm saying to you, Mr. Manager, is...
Mr. Odio: Do you care how you get them?
Commissioner Plummer: ... we have all agreed we need more policemen on the
street. I can identify 60 who are pushing papers and pencil...
Mr. Odio: OK.
Commissioner Plummer: ... that can be back out on the street.
Mr. Odio: Commissioner,...
Commissioner Plummer: But when the man tells me the only way that I will
enter into conversation and discuss the matter, is that I've got to have
civilians to replace every man that I put back out on the street.
Mr. Odio: That's his opinion, and he will have to relieve them.
Commissioner Plummer: But I'm not going to get caught in the middle between
you and him...
Mr. Odio: No.
Commissioner Plummer:
... and spin my wheels.
Mr. Odio: You don't have...
Commissioner Plummer: No, sir.
Mr. Odio: I'm telling you it would be.
Commissioner Plummer: You all do what you want. I'm sorry. I tried.
Mr. Odio: Commissioner, it will be irresponsible on my part to tell you I'm
going to go out and hire 60 civilians.
Commissioner Plummer: I tried.
Commissioner De Yurre: OK. Bottom line, guys. Chief, by when will you have
improvement to show to us?
Mr. Odio: I was going to prepare by the next Thursday,...
Commissioner De Yurre: Yeah.
139 July 9, 1992
Mr. Odio: ... when you are going to review this budget, that show you where
we are going to replace these police officers to be released. I would like
Commissioner Plummer to review that with the Chief. I have no problem with
that. I told you...
Commissioner Plummer: I'll give it to you, sir. My staff has already done
it.
Mr. Odio: Fine. What I want to do, Commissioner, 1s let me... Don't force me
to hire people. Let me do the same work with the people we got.
Chief Ross: May I enter something into the record here? The figure of 60,
those are the numbers that the Commissioner...
Commissioner Plummer: I said that we would sit down and massage. I agreed to
that.
Chief Ross: ... identified. And he and I agreed to sit down and massage
them. My figure, obviously, is not 60. But at the same time, I think it
merits some looking at from both sides. My figure is much less than 60.
Commissioner De Yurre: Chief, you must have a game plan in mind already, like
you've expressed to us. Your time frame, as far as implementing it and
showing some results. What are we looking at?
Chief Ross: First of all, it's going to take six months, per academy class,
in order for us to get up to speed and to overcome attrition which knocks out
at least four officers a month. We are somewhere into the, at least the
summer of next year before we can get up to the numbers that we are talking
about. That, coupled with, not only the hiring of officers, but the hiring of
Public Service Aides as well.
Commissioner De Yurre: But aside from that, the reforming of the Department,
the decentralization and redeployment, those are things that are going to
happen to some degree, have to happen before then. We are talking about a
year down the road, from what you are looking at.
Chief Ross: The immediate plan is to take the Public Service Aides that will,
if approved, and are assigned to the street, to have them to intricately
involve themselves with community -oriented policing, to be responsible to
those particular neighborhoods that's been identified. And to take ownership
of '.he problems in those neighborhoods. That's the immediate deployment of
our Public Service Aides to the streets. Once we get the approval, and get
them aboard.
Commissioner De Yurre: Mr. Manager. Cesar. I would like to see, Mr. Mayor,
some kind of a game plan from the Commission itself that if the Chief says
that he needs "X" number of months, six months, nine months, twelve months, to
get this full program in place, that he be able to come back to us like every
"X" period, maybe every three months and give us a report so we can see the
progress being implemented, that we can go back to our constituents and tell
them, listen...
140 July 9, 1992
Mayor Suarez: Yeah, and I'm not giving up. Like some of my colleagues have
said today, six months ago we began this process. I think it's bearing some
fruit, and I agree with you. I think six months from now, we need a complete
report and I think on a monthly basis, as far as I'm concerned. I've said a
couple of things that I don't know, I didn't say with the emphasis that some
of my colleagues said them, but I'm looking to vote at budget time in
accordance with the recommendations that I'm making, as far as priorities and,
hopefully, that would listen to the people of the City that want patrol
officers, and want less administration, and want less public information, and
want less of all of that. Something we have done throughout the City,
frankly, have not been able to do in the Police Department because we have
other concerns. So I fully agree with you, Commissioner De Yurre. We need
monthly reports on this, and if there's a six-month plan... I'll tell you, my
plan is going to have to be resolved by September 30th because I'm, again, not
going to vote on a budget that has anything in it that I think has not
reasonably been examined to see if we can't do away with that in favor of
police presence in the streets and in the neighborhoods of Miami. That's the
way I'm going to vote. So...
Commissioner Plummer: Mr. Mayor, let me put you on the spot.
Mayor Suarez: Yeah.
Commissioner Plummer: You made a statement this morning - you ready to make a
motion? I'm ready to second it - to do away with PIOs (Public Information
Officers) in the Police Department and put it in the Chief's office without a
police officer involved. You ready to make a...
Mayor Suarez: I am absolutely ready to vote on that. Yes, sir.
Commissioner Plummer: I second the motion.
Mayor Suarez: All right. So moved and seconded.
Commissioner Dawkins: Make... Madam.
Vice Mayor Alonso: Discussion?
Commissioner Dawkins: Yes, ma'am.
Mayor Suarez: I believe it's a motion in principle. I understand that the
Charter provides that he administers, etcetera.
Commissioner Plummer: It's a policy.
Mayor Suarez: Right.
Commissioner Dawkins: All right. What is the motion?
Commissioner Plummer: The motion is... Well, he made the motion, I seconded.
Commissioner Dawkins: What's the motion, Mr. Mayor?
141 July 9, 1992
C
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Mayor Suarez: That the Public Information unit of the Police Department
should be eliminated in favor of a similar service being rendered out of the
Chief's office, with a lot less personnel, presumably.
Commissioner Plummer: And I'm assuming when you say that, Mr. Mayor, you are
saying that to the effect that those three police officers are going back
out...
Mayor Suarez: Absolutely.
Commissioner Plummer: ... and fighting crime in the street.
Mayor Suarez: Absolutely.
Commissioner Plummer: OK? Because I want... I hope we have the time, because
I want to go right down the line.
Commissioner Dawkins: Motion understood.
Vice Mayor Alonso: OK. Yes.
Commissioner Dawkins: Motion understood.
Commissioner De Yurre: OK. I just want...
Vice Mayor Alonso: Discussion.
Commissioner De Yurre: ... to get some input from the Chief as far as what he
perceives to be the repercussions or the benefits of that situation.
Chief Ross: Thank you. I thought no one would ever ask. The issue is one
much more serious than just taking a vote and voting out a particular unit or
function of the Police Department. Your constituency that are sitting here
receive information direct through Public Information in many farms, through
that particular unit. To say cut it out completely, you are saying to them
that they have no ear into the Police Department on many occasions. The
Public Information unit obviously use the media through which to communicate
with the community and the City of Miami. Not only that, but they answer a
lot of other public records requests for, not only the Police Department, but
other departments as well. They handle all of those functions so that the
public can be informed. They are informing the public, they are not informing
the media.
Mayor Suarez: By the way, Chief, I suggest the public records requests be -
referred to the City Clerk and supervised by the City Attorney.
Commissioner Plummer: And community relations.
Mayor Suarez: And community relations and whoever.
Commissioner Plummer: There's how many police officers in community
relations? Forty-two?
142 July 9, 1992
Chief Ross: You better let the Attorney answer to the public records request
issue out of the Police Department.
City Attorney Jones: Well, I can surely attest to the Chief's statement
relative to handling public records requests. Perhaps that department, alone,
I've seen generate as many as maybe 40 to 50 public records requests a week.
And I can tell you...
Commissioner Plummer: What has that got to do with the motion on the floor?
City Attorney Jones: Well, he asked me to respond to it, so I'm just telling
you that in reference to what the Mayor said about having the requests sent to
the City Clerk's office and routed to the City Attorney's office, it will not
work because many of the documents that are being requested are within the
files of the Police Department, and they have to be responded to because the
Chief is the custodian of records. But they are very frequent and they are
very numerous.
Commissioner Plummer: Well, if he's the custodian...
City Attorney Jones: And that unit, the Public Information unit, serves that
purpose of responding to those particular requests.
Commissioner Plummer: But does it have to be police officers?
City Attorney Jones: It doesn't have to be.
Commissioner Plummer: But 1t is. I would have preferred to go on a motion
that says that it reverts back to civilians, but there's been no action and
I've asked that now for two successive years. So I have no choice but to go
along with the Mayor in the motion that he has made. We have a Public
Information Office that we spend a lot of money on. Why can't they do it?
The Fire Department has their own PIO department. Everybody's got their own
PIO department.
Chief Ross: If I may...
Commissioner Plummer: Now, you know, all I'm saying to you is, for two years,
three years, I have begged the City Commission to go together with
Communications for police and fire. I'm pulling all of the memos that I was
given why it couldn't be done, to wait for the memo that I'm now being told
it's going to be done.
Commissioner Dawkins: Order of the day.
Chief Ross: If I may add this. If you recall, at a previous meeting of this
type, that particular unit, along with others, were slated as possible
civilianization. There is currently...
Commissioner Plummer: I wanted to do it.
Chief Ross: There are currently one supervisor there that's sworn, and one
police officer sworn. The rest are civilians, and we said then, and we say
now, that if we were to civllianize those positions, there's a need to replace
them with civilians.
143 July 9, 1992
Commissioner Plummer: See?
�—
Vice Mayor Alonso: So how many...
`
Commissioner Dawkins: I call the question.
Vice Mayor Alonso: Excuse me.
=�-
Commissioner Dawkins: I call the question.
Vice Mayor Alonso: Yes, but I have one last question. Now many officers you -�
have, you said?
=
Chief Ross: There is one supervisor, the sergeant.
Vice Mayor Alonso: One. Yes.
Chief Ross: And one officer.
Vice Mayor Alonso: Two.
—
Chief Ross: Those are the only sworn.
-
Mayor Suarez: There used to be three.
Vice Mayor Alonso: Two.
j
Chief Ross: No, there's only two.
Vice Mayor Alonso: You have two.
—
Chief Ross: The third individual that was there, is
relieved of duty, and he
is no longer...
-1
Vice Mayor Alonso: So you have two.
-
FI
_
Chief Ross: ... no longer working.
Vice Mayor Alonso: Two. OK. Motion understood.
Moved and seconded. All
the roll, please.
_—
a
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144
July 9, 1992
I]
2
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 92-429
A MOTION OF THE CITY COMMISSION, IN PRINCIPLE,
STRONGLY STATING ITS DESIRE TO HAVE THE PUBLIC
INFORMATION UNIT (PIU) OF THE MIAMI POLICE DEPARTMENT
ELIMINATED IN FAVOR OF HAVING THE DEPARTMENT PROVIDE A
SIMILAR SERVICE (WITH A LOT LESS PERSONNEL) DIRECTLY
OUT OF THE OFFICE OF THE CHIEF OF POLICE; FURTHER
STATING THAT IT IS THE COMMISSION'S DESIRE TO HAVE THE
SWORN OFFICERS WHO WOULD BE, FREED FROM RENDERING SAID
SERVICE, RETURN TO THE STREETS IN FURTHERANCE OF
CRIME -FIGHTING RELATED DUTIES.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: I have to vote no because I don't want to get into
specific removals. I want the Chief to handle that. I think, also, we have
to remove a number of people and 1 want him to have the...
Commissioner Plummer: Who voted how?
Commissioner De Yurre: ... wherewithal to do it at his discretion...
Vice Mayor Alonso: No. So far Miller voted yes, he voted no.
Commissioner De Yurre: ... and within a short period of time. I'm not going
to say where to take it away from.
Mayor Suarez: And Dawkins voted yes.
Commissioner Plummer: As I had said before, I had hoped that we could do it
with civilians, but since I've not been able to do that in two years, I have
no choice but to vote yes.
Vice Mayor Alonso: I think he has to vote first, but I'll go...
Ms. Hirai: He already...
Vice Mayor Alonso: He voted yes.
145 July 9, 1992
Mayor Suarez: Yeah.
Vice Mayor Alonso: My vote will have to be no. I would like the Chief to
handle this case and I do hope that he will take into account the remarks of
the Commission, even though it has already passed.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Mr. Mayor, if I may.
Mayor Suarez: Yes.
Ms. Hirai: Motion carries.
Commissioner Plummer: We asked this morning, and I just would like to go with
the record and make sure that I now have the proper information, which I was
so far off this morning it was unbelievable. The rangers are a cost of
$20,060 per ranger. Mr. Manager, may I ask, sir, since Joe Longueira is about
to drop his drawers, jaw, where did this number come from? -- because Mr.
Longueira told me $12,000.
Commissioner De Yurre: Longueira, no, Longueira.
Commissioner Plummer: Longueira, Jose, the Italian Stallion, I would like to
know where this number came from. It was handed to me by who? Who handed it
to me?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: By the Manager. Where did the number come from? -
because this is a hellacious long way from $12,000 that I was told.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: That's salary and fringe of $20,060, which means that
they cost almost $2,000 more than PSAs. Correct?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Is that correct? They cost more than PSAs. They do
not carry guns. They are under explicit instructions to report and retreat.
That is their motive in life, is to R & R. Mr. Manager, far cry from $9,000.
Vice Mayor Alonso: How much are PSAs?
Commissioner Plummer: PSAs are sixteen thousand... They do not receive
benefits. PSAs are...
Vice Mayor Alonso: Well, but you have...
Commissioner Plummer: Let me... Can I answer your question? Sixteen thousand
and sixteen dollars.
146 July 9, 1992
n
Vice Mayor Alonso: That's all they get?
Commissioner Plummer: That's starting...
Chief Ross: They don't get the benefits...
Commissioner Plummer: None.
Chief Ross: ... that the rangers receive.
Commissioner Plummer: None?
Commissioner Plummer: No.
Chief Ross: That's correct.
2
Asst. Chief Martinez: Let me add. They do get certain State benefits, like
workmen's comp. This is like $19,000 plus.
Vice Mayor Alonso: 0f course. I was going to say that.
Commissioner Plummer: Oh, yeah. Yeah.
Asst. Chief Martinez: Nineteen plus.
Commissioner Plummer: Yeah. But they are not entitled to pension,...
Vice Mayor Alonso: So what's...
Asst. Chief Martinez: Salary plus fringes, is $19,000 plus.
Commissioner Plummer: Their salary is sixteen...
Mayor Suarez: They are fairly similar, and they are fairly similar in...
Vice Mayor Alonso: Similar.
Mayor Suarez: function, fairly similar in training, fairly similar in
scope, and fairly similar in compensation, Commissioner.
Commissioner Plummer: Chief, let me ask you a question. Assuming that... I
sense that this afternoon that the ranger program for downtown is going to be
discontinued, what will you do with those 17 individuals?
Chief Ross: I've made recommendation as to the fate of them. Whether or not
the City's budget can sustain them is another question. However, because of
the training that they have, I would hope that we are able to roll them over
into the upcoming Public Service Aide openings, or some of the other openings,
since ,these individuals are already trained and already are background
screened to .work in the Police Department. And I've made that recommendation.
Commissioner Plummer: You think they are going to work for less money?
Chief Ross: Pardon?
147 July 9, 1992
Commissioner Plummer: You think they are going to work for less money?
Chief Ross: I think they'll work because it's a job. The alternative is no
work at all. May I make one point for the record here?
Commissioner Plummer: Sure.
Chief Ross: I believe in respect to what took place just a moment ago, the
Attorney needs to give a comment as to the elimination of media relations. I
don't know if he wants to...
Mayor Suarez: I would be inclined, unless any Commissioner at this point
wants to get into this, to move on. We have many other topics.
Commissioner Dawkins: I call the order of the day.
Commissioner Plummer: Well, Mr. Mayor, when are we going to go through the
rest of the units?
Mayor Suarez: Oh, I'm...
Commissioner Plummer: That's what I thought we were here about today.
Mayor Suarez: I thought you wanted to try one for an example, and see if the
other ones would pass. Try another one, if you'd like.
Commissioner Plummer: Well, if you want, I'll be glad to wait till next week.
Mayor Suarez: Yeah, that will be fine. Please, because it gets into
budgeting issues.
Commissioner Plummer: All right. Then can we set aside an hour next week for
police deployment at nine o'clock?
Mayor Suarez: And if the City Attorney is inclined, as intimated by the
Chief, to tell us that there are kinds of legal problems in that motion,
please tell us between now and next Thursday.
Commissioner Plummer: Oh, very definitely we should learn.
City Attorney Jones: Well, what I...
Mayor Suarez: No,...
Commissioner Dawkins: Not now.
Mayor Suarez: ... between now and next Thursday, please. Please. Folks,
we've got... I am sure the unit is not going to be disbanded in the next seven
days, because it was a proposal in principle which has to do with the
budgetary year.
148 July 9, 1992
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----------------------------------- - --------------------------------------
9. (Continued Discussion) DISCLOSE RESULTS OF RECENTLY -HELD ELECTION, WHICH
SELECTED THE DE HOSTOS SENIOR CENTER, INC. TO MANAGE AND OPERATE THE
ELDERLY CENTER PROGRAM IN THE WYNWOOD TARGET AREA -- ALLOCATE FUNDING TO
DE HOSTOS SENIOR CENTER, INC. FOR SO DAYS -- DESIGNATE ADALJISA DE
ITURRONDO MARTINEZ AS INTERIM DIRECTOR OF AGENCY UNTIL ALLEGATIONS OF
IMPROPRIETY CONCERNING FORMER DIRECTOR ARE CLEARED (See labels 2 & 5)
Mayor Suarez: We have approximately 200 people outside, parents, children,
staff, etcetera in support of Kidco Child Care for CDBG (Community Development
Block Grant) funding. I have no idea what that is about. Mr. Manager.
Commissioner Plummer: Holy Cross.
Mr. Odio (City Manager): That's the Holy Cross.
Vice Mayor Alonso: Holy Cross, 41. Forty-one, right.
Mayor Suarez: OK. Is there anything controversial about that item that we
can't...
Vice Mayor Alonso: Oh, you better believe itl
Mr. Odio: Yes.
Commissioner Plummer: Oh, yeah!
Mayor Suarez: All right. So then we are going to try to get this
resolved,...
Commissioner Plummer: well, let's put it...
Mayor Suarez: ... and then we, hopefully, will empty the Chambers.
Vice Mayor Alonso: Forty and forty-one.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Bring in the kids.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: Let's put it this way. The same board of directors
that are the senior citizen center creating the problem,...
Mayor Suarez: All right.
Commissioner Plummer: ... are the same board of directors of Kidco and Holy
Cross Day Care.
149 July 9, 1992
Mayor Suarez: All right.
Commissioner Plummer: Does that answer your question about controversial?
Mayor Suarez: Yes.
Commissioner Dawkins: Mr. Mayor, I have four pocket items I'd like to get
through, please. Four.
Commissioner Plummer: What?1
Commissioner Dawkins: Four pocket items.
Commissioner Plummer: What do you think, this is your agenda?
Commissioner Dawkins: Beg your pardon?
Commissioner Plummer: Do you think this is your agenda?
i Commissioner Dawkins: I do.
Commissioner Plummer: Then be my guest.
Mayor Suarez: If you have to do any of them at this point, please go ahead,
and if...
Commissioner Dawkins: No. If you say... No.
Mayor Suarez: So we can try to get this...
' Commissioner Plummer: I have one.
Mayor Suarez: Could you read the results of the vote? That may satisfy or
not the elderly who are here. Let me say, by the way, folks. That envelope
was handed directly to the City Clerk. I never opened it. I think you opened
it for the first time. The ballots had been counted outside. So I don't even
know the results of that vote.
Commissioner Dawkins: I don't either.
Commissioner Plummer: Funk S Wagnall's.
r
Ms. Hirai: Yes.
Commissioner Plummer Funk & Wagnall's, from the mayonnaise jar?
Ms. Hirai: The count was as follows, Mr. Mayor. First of all, it was
verified that 90 votes were actually cast. And the...
Commissioner Plummer: Nine zero?
Ms. Hirai: Nine zero.
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150 July 9, 1992 =_
Mayor Suarez: NOVENTA PERSONAS VOTARON EN RELACION CON EL ASUNTO DE DE HOSTOS
Senior Center.
Commissioner Plummer: And we were informed last time there were a total of
115. Is that correct?
Ms. Hirai: Yes, sir.
Commissioner Plummer: That were eligible to vote.
Ms. Hirai: Yes, sir.
Commissioner Plummer: So 25 people did not choose to vote, or for whatever
reason, did not cast their ballot.
Ms. Hirai: Only 90 votes were actually cast. And the results are as follows.
For the De Hostos group, 61 ballots. For the Holy Cross group, 27 ballots.
And there were two no votes, for a total of 90.
Mayor Suarez: OK.
Commissioner De Yurre: So what's the result again?
Commissioner Plummer: Who's the winner?
Ms. Hirai: The De Hostos group, 61. Holy Cross, 27. And there were two
persons who actually went there but did not vote. Two no votes.
Mayor Suarez: Can anybody translate the De Hostos group and Holy Cross? EL
GRUPO DE DE HOSTOS OBTUVO CUANTO?
Ms. Hirai: OBTUVO 61 VOTOS. EL GRUPO DE HOLY CROSS OBTUVO VEINTISIETE VOTOS
Y DOS PERSONAS NO VOTARON, PARA UN TOTAL DE 90.
Mayor Suarez: All right. Remind us which is which, please.
Commissioner De Yurre: Who is De Hostos?
John Thornton, Esq.: John Thornton representing the elderlies for De Hostos.
Commissioner De Yurre: De Hostos? OK. MANOS ABAJO.
Mayor Suarez: GRACIAS, GRACIAS.
Commissioner Plummer: I ask my question again, Mr. Mayor.
Mayor Suarez: Right.
Commissioner Plummer: Mr. Manager, is this the group, you'll have to clarify
for me, sir. What in the hell is all of this? Am I paying all those people?
Commissioner De Yurre: They are part of the De Hostos group.
Commissioner Dawkins: Yes, you are.
151 July 9, 1992
G
Commissioner Plurrmer: Are all of these people on payroll?
Mr. Odio: No, on yours. Not mine.
Commissioner Plummer: I mean, besides disrupting the meeting, what are they
all doing here? The letter that we received making damaging remarks about one
individual, his name was...
Mr. Odio: William Morales.
Commissioner Plummer: William Morales. Which of the groups is he associated
with?
Mr. Odio: He was the prior executive director of that center.
Commissioner Plummer: What is it?
Mr. Odio: It would be De Hostos.
Mayor Suarez: With the group that got the 61 votes.
Commissioner Plummer: That got the least votes, or the most votes?
Mayor Suarez: The most votes.
Vice Mayor Alonso: Most.
Commissioner Plummer: OK. Now, it would then be assumed if this Commission
awarded to that group, that he would be reinstated as the executive director.
Mr. Odio: That's not our concern.
Commissioner Plummer: No. I understand that, sir. What is our concern is
the letter and affidavit that we all received making some very damaging
remarks in regards to this individual. I asked you this morning, I ask you
again. Before this Commission makes a vote and could wind up embarrassed,
have you looked into the accusations? Have you looked into the affidavit?
And are you prepared to say to this Commission, sir, that you find no basis
whatsoever in the accusations or affidavit? Are you prepared to say anything
to this Commission? Because if you are not, sir, I'm not prepared to vote.
Now accusations have been made. I realize that accusations might have to be
sent to the State Attorney's office. But I would hold my vote until the State
Attorney's office has cleared this matter up. I asked for the Administration,
who I think it is your responsibility, to advise this Commission as to your
findings in reference to that letter and affidavit.
City Attorney Jones: Commissioner, If I might address this matter because the
Manager did...
Commissioner Plummer: Surely, sir.
City Attorney Jones: The manager, this morning, asked me to review certain
documents amongst which were a letter, or memorandum, as you've noted, which
made certain allegations of...
152 July 9, 1992
00
Commissioner Plummer: And there was an affidavit.
City Attorney Jones: Including an affidavit of...
Commissioner Plummer: Yes, sir.
City Attorney Jones: ... impropriety on the part of this particular
individual. -
Commissioner Plummer: Yes, sir.
City Attorney Jones: What I have reviewed in terms of the Manager's
response...
Commissioner Plummer: Excuse me. For the record, if I recall, that came from —
a law firm. Am I correct on that? The letter. Wasn't it a law firm?
City Attorney Jones: Yes.
E
_ Commissioner Plummer: For the record, would you state the name of the law
f i rm?
City Attorney Jones: Hold on a second. This document?
Mayor Suarez: There's one letter from Sanford Dernis, attorney.
Commissioner Plummer: All right. Whatever that one was.
City Attorney Jones: No, it didn't have any...
Commissioner Plummer: And also I think you should put on the record the name
of the person who made the affidavit. It's public record, as my colleague
reminded me.
Mayor Suarez: The affidavit. The affidavit seems to be from a...
City Attorney Jones: I don't see any reference to a law firm.
-� Commissioner Plummer: Excuse me?
Mayor Suarez: The affidavit seems to be from Osiris Mejia, the one that I've
_t got here. And the other attorney involved, apparently, is Sherrie Marcus.
Commissioner Plummer: OK. -=
Mayor Suarez: And all of this is...
City Attorney Jones: Oh, that particular letter. Yeah, that's... I saw that
-i one.
Mayor Suarez: Yeah, and all of this should be in the record.
City Attorney Jones: Yeah. Yeah.
153 July 9, 1992
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Commissioner Plummer: All right, sir. Thank you. Go ahead and proceed.
City Attorney Jones: Notwithstanding that, and having reviewed the Manager's
response to this, which is really in effect a compilation of statements that
were given by certain witnesses that were interviewed. Whatever else. Might
I suggest to you that what the Manager has basically concluded, without being
redundant, is conclusory [sic] only to the extent that these particular people
have given statements which necessarily corroborate or add their version as to
what the affiant has stated. By no means can the Manager conclude, nor I
conclude that, that in effect would constitute or give closure or finality as
to the truth or veracity of what's been alleged as a result of these
statements, albeit under oath. The best that I can tell you, my best advice
to you is that given the atmosphere and given the climate under which, the
clout under which these allegations have been made, if you have some doubt,
which obviously you seem to have indicated that you do in terms of proceeding
with a vote to give "X" amount of expenditures to this particular group. If,
in fact, you do have that doubt, I would suggest that you direct the Manager
to turn this information over to the State Attorney's office for investigation
and withhold - and of course it's certainly at your discretion - withhold any
funding, whatever, or fund partially, or whatever else until such time as the
State Attorney has one, agreed to investigate, or two, has investigated and
concluded that there has been, in fact, some impropriety. I think that would,
in effect, Commissioner...
Commissioner Plummer: I understand what you are saying.
City Attorney Jones: ... serve your interest in terms of any embarrassment
that may be caused.
Commissioner Plummer: My concern has to be that if, in fact,...
Commissioner De Yurre: J.L., you know, it isn't a matter of... I don't mind
being embarrassed.
Commissioner Plummer: OK.
Commissioner De Yurre: What I cannot allow is that the people that need the
money not receive the money. You know, we had...
Commissioner Plummer: Oh, I think we can make other arrangements. Yet, I
would want to make those arrangements at this particular time. That this
individual named in these affidavits not be rehired at this time until this
matter is cleared.
Commissioner De Yurre: And who is this person?
Commissioner Plummer: According to this, a Mr. - what's his name?
Mr. Odio: In my opinion, Commissioner - and I'm not a lawyer, Quinn can - I
think we are dealing with an organization and they can choose whoever they
want as an executive director and...
Commissioner Plummer: Even if those affidavits are true?
154 July 9, 1992
Mr. Odio: We didn't say that.
Commissioner Plummer: I'm not saying they are.
Mr. Thornton: May I speak up?
Commissioner Plummer: No. I'd like to clear it up with my Manager, sir.
Mr. Odio: I would...
Commissioner Plummer: These allegations have been made.
Mr. Odio: I would recommend we fund...
Commissioner Plummer: We have been put on notice by these individuals, right
or wrong. If we went and funded this organization today, and these matters
happen to be true, wouldn't we look like fools?
Mr. Odio: No, sir.
Mr. Thornton: We could clear that up immediately.
Mr. Odio: Because they are responsible. They are responsible. I think we
are getting involved...
Mr. Thornton: Commissioner Plummer.
Commissioner Plummer: Sir, you...
Mr. Odio: We are getting involved in something here that we should not.
Commissioner Plummer: Mr. Manager, you do business different than I do.
Mr. Odio: We should not get involved in things like this.
I Vice Mayor Alonso: Well, the problem...
Commissioner Plummer: We are involved when we are funding, sir.
Mr. Odio: The board of directors of that group would be responsible.
- Commissioner Dawkins: But that group does not have anything until you give it
-± something. —
Commissioner Plummer: That's right. Where are they?
Commissioner Dawkins: OK. All right. So, come on.
Mr. Thornton: May I speak up for the group?
=? Mayor Suarez: Well, I am not sure... No, no, no. I'm not sure that we are
j` going to need any statements. We counted the ballots and the group that
supports, I believe, your organization has prevailed. If we follow our own
155 July 9, 1992
i
00 4
procedures, that means that we would otherwise give our funding to the
organization that you represent, so there's probably not a heck of a lot that
you can add at this point.
Mr. Thornton: OK.
Mayor Suarez: As to any allegations against Mr. Morales, I am sure, to the
extent that you represent him, or to the extent that the will be the executive
director of the organization, that, you know, you'll be involved in that, in
legal advice. At this point, we are told that we don't have all that much
involvement in that, except of course referring any and all allegations to the
State Attorney and if they require any investigation by our Police Department,
to our Police Department.
Commissioner Plummer: Mr. Mayor, I'm ready to vote to give it to De Mastos
[sic] senior citizens,...
Commissioner De Yurre: To what?
Commissioner Plummer: ... with the proviso...
Commissioner De Yurre: What group?
Vice Mayor Alonso: De Hostos. De Hostos.
Mr. Thornton: De Hostos.
Commissioner Plummer: This group. The winning group.
Commissioner De Yurre: I thought you mentioned a third group.
Commissioner Plummer: With the proviso that the individual named in the
affidavit cannot be reinstated until these allegations have been cleared.
Unidentified Speaker: He's also on the board of directors.
Mr. Thornton: May I suggest...
Commissioner Plummer: Now I'm willing to vote for that. OK?
Commissioner De Yurre: Well, I can't go along with that. We made a
commitment that we were going to have a vote, an election. We've taken that
election. It's taken place. We've heard the results. Let this organization
decide, based on all the information, who they want to run their center.
Commissioner Plummer: Absolutely not, Victor!
Commissioner De Yurre: Well, that's...
Commissioner Plummer: If, in fact, were these allegations... Put them on the
record. That the man was taking money on a weekly basis. I could not sit
f here and vote to give them money... _
Commissioner De Yurre: Well, let's hear what you got to say.
156 July 9, 1992 =
It 7
Commissioner Plummer: ... if there's any truth in that.
Commissioner De Yurre: Put 1t on the record.
Commissioner Plummer: What?
Commissioner De Yurre: Put it on the record to see what the story is.
Commissioner Dawkins: Hold 1t. Hold it.
Commissioner Plummer: Is that not in the allegations?
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yeah. Commissioners, this is...
Commissioner Plummer: Excuse me.
these allegations are true,...
Commissioner Dawkins: Mr. Mayor.
Give me the thing. You are asking me, if
Commissioner Plummer: ... to vote to give these people money. No, I'm sorry.
I can't do that.
Commissioner Dawkins: Mr. Mayor.
Commissioner Plummer: Now you want to...
Mayor Suarez: You have a right, Commissioner, to withhold any allocation of
funds because you have a doubt. But the Commissioner De Yurre is suggesting
that until anything is proven, he 1s willing to give to this board, this
attorney, the funds. So we have a disagreement. Let's not argue forever
about it.
Commissioner Plummer: OK.
Mayor Suarez: We may have to put it to a vote. Commissioner Dawkins.
Commissioner Dawkins: You know, I have to share J.L.'s concerns, but not to
the extent of where he is. I would say that these persons out here are being
held hostage while we go through a political power play. So while this power
play is going on, I mean the City of Miami went out there and held an
election.
Commissioner Plummer: Right.
Commissioner Dawkins: I would like to see these individuals receive the
services they need,...
Commissioner Plummer: That's correct.
Commissioner Dawkins: ... and that the City of Miami monitor it until you
decide up here who you are going to give it to. But I'm tired of these people
out here being held hostage.
157 July 9, 1992
w $
Commissioner Plummer: Mr. Dawkins, as I said to you, sir, I have no problem
with funding this group as long as, until the matter relating to the
individual is cleared, that he not be reinstated until the matter is cleared
up. I cannot sit here...
Commissioner Dawkins: But you can't say that to them.
Commissioner De Yurre: J.L., do you know how it works in the State Attorney's
office? It's never cleared.
Commissioner Plummer: Victor.
Commissioner De Yurre: It's never cleared, J.L. If you send information to
the State Attorney's office...
Mayor Suarez: You can make the motion as following, Commissioner. I think
this will be OK. That the funds be disbursed as soon as the Manager is
convinced that we have gone as far as we can, as a City, to assure ourselves
that there are no improprieties. From that point forward, as far as referring
to the State Attorney, which of course he should be doing also on any such
allegations, you can't tie to "being cleared" in that sense.
Commissioner Plummer: Mr. Mayor, I'm ready to vote...
Sanford Oernis, Esq.: May I make a comment?
Commissioner Dawkins: What happens to the clients in the meantime?
Commissioner Plummer: I'm ready to vote to give them the funds today.
Mayor Suarez: I'm sorry.
Commissioner Plummer: I'm prepared to give them the funds today. My problem
is with the allegations made against an individual who is supposedly the
director.
Mayor Suarez: OK. How do you propose to word it, and then we are going to
have to vote.
Commissioner Plummer: Very simply, sir.
Mayor Suarez: Because...
Commissioner Plummer: I will make a motion that at this time we fund this
group, which has won the election by honest democratic process, that we fund =-
them for a period of 90 days. We withhold the director who has allegations
been made against, cannot be hired back as director until such time as the
allegations have been cleared.
Commissioner Dawkins: But can the individual... -
Mayor Suarez: There's no such thing...
158 July 9, 1992
Commissioner Dawkins: ... since they do have a director, can the individual
go out and volunteer its services while the organization, to run the
organization while the allegations are being cleared? You've got to have a
director.
Unidentified Speaker: I have one here. I have one right here that she's been
working hard.
Commissioner De Yurre: Well, J.L., why don't we do it a little bit
differently. Why don't we give a time period that if there are any charges to
be brought against the individual, they be brought within a certain amount of
time. If not, then we deem him cleared and we move on.
Mayor Suarez: You have to put some kind of a limitation. You can't just wait
until somebody "gets cleared." There's no...
Commissioner De Yurre: If in 30 days, charges are not brought against him,
then he can go ahead and act as the director and take his job.
Commissioner Plummer: Victor, you know, if the accusations which were
contained in this article about using the center as for business meetings or
using the center for his own personal business, that's one thing. But the
allegations that I received was the man was taking money.
Commissioner Be Yurre: How much money are we talking about?
Commissioner Plummer: The man was selling food.
Commissioner Be Yurre: Selling food.
Commissioner Plummer: Victor, that is not a minor allegation.
Commissioner Be Yurre: And if that's the case, within a 30-day period,...
Commissioner Plummer: That's not minor.
Commissioner Be Yurre: ... they can investigate all they want and bring
charges and that's the end of that.
Mayor. Suarez: We are going to have to bring this to closure.
Commissioner Plummer: I'm sorry. I'm sorry. I will vote to give them...
They need the money, they should have the money. If we need, take one of our
personnel and put up there until this matter is cleared up.
Mayor Suarez: All right.
Commissioner Plummer: That's all I'm saying.
Mayor Suarez: If you can figure out a way to try to combine the two...
Commissioner Be Yurre: Provided he doesn't sell any food either.
Mayor Suarez: Would you...
159 July 9, 1992
Mr. Dernis: Mr. Mayor.
Mayor Suarez: Wait. Watt, counselor. So we have something on the table that
we can discuss. Would you want to try to combine the two and say...
a
Mr. Odio: Mr. Mayor.
Mayor Suarez: ... that...
Mr. Odio: Mr. Mayor. I think they are agreeing to what is being proposed
here, so...
Mayor Suarez: Counselor, do you have a proposal that effectuates what we
want? And then I'm going to hear, I gather, from the opposition.
Mr. Thornton: Yes, we would like to go forward with the contract, accept it
today and be able to withhold the executive director's position. We have a
substitute in the meanwhile.
Mayor Suarez: Until...
Commissioner Plummer: That's fine, sir.
Mayor Suarez: Until what?
Commissioner Plummer: Until it's cleared.
Vice Mayor Alonso: Until it's cleared.
Mr. Thornton: You know, I know that this is all false, because it's false.
Commissioner Plummer: Fine.
Mayor Suarez: Until what, counselor? Do you have a formula...
Mr. Thornton: But the point is, we don't want to hold up his constitutional
rights...
Mayor Suarez: Until what, counselor? Do you have a formula, sir, you can
give us? That's what I was asking.
Mr. Thornton: Yes. I would say until the end of July.
Mayor Suarez: All right. That doesn't help us. That's exactly what
Commissioner De Yurre was saying, and Commissioner...
Commissioner Plummer: No, no, no.
Mayor Suarez: ... Plummer wants to tie it to clearing the name of the person.
Commissioner Plummer: No, no. They have a substitute. Didn't I hear that?
Mr. Thornton: Yes.
160 July 9, 1992
2
e
Commissioner Plummer: Who is the substitute?
Commissioner Dawkins: Me. Miller Dawkins.
Commissioner Plummer: No, I wouldn't vote for that under a blind date.
Ms. Adaljisa de Iturrondo Martinez: My name is...
Mayor Suarez: Wait, wait, wait. We don't need any testimony from any
substitute.
Commissioner Plummer: Are you...
Mayor Suarez: Counselor, who is the substitute person?
Commissioner Plummer: Who would be...
Mayor Suarez: That still doesn't solve our problem. Folksl
Commissioner Plummer: Who would be the substitute, sir?
Commissioner De Yurre: Quinn Jones.
Mayor Suarez: What is the name of the person, Counselor?
Ms. Iturrondo Martinez: My name is Adaljisa de Iturrondo Martinez. I am
director of the Puerto Rican Folkloric Ballet. I'm also president of several
organizations. I'm eager and willing to help the situation.
Mayor Suarez: Very good.
Commissioner Plummer: Mr. Mayor. I move at this time that this group be
given the funds for 90 days. That this lady be designated as the executive
director until such time as the matter relating to Mr....
Ms. Iturrondo Martinez: Morales.
Commissioner Plummer: ... William Morales is cleared, one way or the other.
Mayor Suarez: To the satisfaction of the Manager. You have to put some kind
of a standard. You can't just say cleared legally, because it can be
allegations...
Commissioner Plummer: Cleared by the Manager and/or the State Attorney's
office.
Mayor Suarez: All right.
Commissioner Plummer: I so move.
Mayor Suarez: So moved. Do we have a second on that motion, as stated?
161 July 9, 1992
Commissioner Plummer: And for the record, Mr. Manager - Mr. Mayor. Mr.
William Morales, sir, I am not accusing you.
Mayor Suarez: He understands.
Commissioner Plummer: OK? I want you to know that these were accusations
that were received in our offices by this side over here and, sir, for that
reason I feel obligated that I've got to look into them. So I want you to
know it's nothing personal.
Mayor Suarez: OK.
Commissioner Plummer: There's no second to the motion.
Vice Mayor Alonso: We better hear...
Mr. William Morales. Excuse me. My name is William Morales and I would like
to say that those accusations, I answered those accusations and that's false
and submit a letter on May 24th making the same accusations to them. They was
the one who was selling food at the center for the elderlles, and we have a
witness here who can testify on that.
Mayor Suarez: OK. We don't have that before us. OK. We have a motion. Do
we have a second on that motion?
Vice Mayor Alonso: Yes, I second. But I would like to hear from...
Mayor Suarez: Second.
Vice Mayor Alonso: ... Mr. Castaneda. He was about to say something,...
Mayor Suarez: Frank.
Vice Mayor Alonso: ... and I'd like him to put that on the record.
Mayor Suarez: Please.
Vice Mayor Alonso: Mr. Castaneda, please.
Mayor Suarez: Frank, the Vice Mayor would like to hear...
Mr. Frank Castaneda: My concern was the days that the other staff had worked
on the agency. Today is July the 9th. They have been working from July 1st
- and today is July the 9th, and I think that it is only fair that the staff of
De Hostos be paid for that particular period of time. That's the point that
was...
Vice Mayor Alonso: Well, I think perhaps what we should do is start the
funding at the proper time, when these people... July ist. So, are you
requesting they get paid for the period of time?
Commissioner Plummer: Whatever time that they are entitled to.
Vice Mayor Alonso: Yeah, I think it's only fair.
162 July 9, 1992
Commissioner Plummer: I don't have any problem with that.
Vice Mayor Alonso: Yes. Of course.
Mr. Thornton: Yes, we have guaranteed that in writing that those that were
working, if we get the contract, that those that were working from July 1 till
today, we would pay for out of the funds.
Commissioner Plummer: No, no. Not you, sir. You don't pay them, we pay
them.
Mr. Thornton: Well, I mean, I have that guaranteed.
Vice Mayor Alonso: Yes.
Mayor Suarez: All right. We have a motion and a second. Before we vote, I
think we ought to hear from...
Vice Mayor Alonso: Yes.
Mayor Suarez: ... opposing group. Yes. Counselor.
Mr. Dernis: If I may, it appears to me...
Mayor Suarez: You certainly may.
Mr. Dernis: It appears to me that there is very little sense in saying
anything.
Mayor Suarez: That's up to you, sir.
Mr. Dernis: I just want to ask a question, though, and possibly provide an
answer to my own question. This organization that has faithfully and properly
administered this grant ever since the City has given to it, has never been
accused of doing anything wrong, has received excellent audits and excellent
reviews by the City, goes through the Community Development Block Grant
process, public hearings, comes before the City Commission for their hearing,
and all of a sudden a disgruntled employee comes up here and makes a
presentation. Fine. The Commission did recognize this may be a personnel
matter, but practically what you have done is fallen prey and you are now the
advocate and:have been the advocate. The only thing that has changed, before
the contract year, before this matter came before you and now, is that these
wonderful people have come here and they have been bussed here by Mr. Morales,
or by organizations or others that support him, whereas we did not bus
anybody. OK? We did have, we did have a senior organization elected. We did
have a group which, out of 70 participated and elected their representatives,
but this Commission and the City Administration failed to recognize that or
even pay any attention to it. We have in that document that I provided you
outlined why Mr. Morales left. The question now is, if it's not a personnel
matter, it certainly is important because now you are taking the same person
that may have caused this problem, the reason we wanted to get rid of him was
because he was not doing the job and you are going to put him back in that
position here now. And, in the process, and I think the observation was
163 July 9, 1992
correct. These lovely people sitting here have been subjected to being herded
back and forth under misrepresentations. Let me give you a misrepresentation
and if it's not a personnel matter, then I wonder why, when we look - and this
was in the packet that was submitted. I won't translate it directly, because
I'm not that fluent in Spanish. But 1t says, and almost from where you are
sitting now, what names can you make out on here? William Morales. These
people believe they are supporting William Morales. There is nothing that has
been said 1n any report, 1n any report by the City that we have not done a
good job. Why is it being taken away from us? Simply because these people
are sitting here and they believe they voted for a better organization. They
have voted for Mr. Morales. The ballot that was sent out, let me talk about
the election process, and let me preface that by saying, I think I have a
different understanding as to what the election process was. I believe it was
Commissioner Dawkins at the last meeting on June lath said, well what happens
if they vote one way or the other? And I think the response was, well that
will guide us in our decision. We can either give it to them, or give it to
us, or to a third party. I did not believe that that election was to be the
sole determinant. I don't want to denigrate the people here or their right to
participate, but it's awfully difficult to run a hospital when you ask the
patients to determine how it's going to be administered. It's also very
difficult to determine how an institution should be run when the patients in
the institution decide what's going to happen to it. I think the City is
abrogating its responsibility when it says, like Pontious Pilate, they are
here, that's who they want, we are washing our hands of it. And that is what
you are doing. Getting back to the vote.
Vice Mayor Alonso: Sir, with all due respect.
Mayor Suarez: The analogy is not real good.
Vice Mayor Alonso: With all due respect, but in the last Commission meeting,
you agreed...
Mr. Dernis: No.
Vice Mayor Alonso: ... to this vote. Yes, sir. And we can go back and get
the minutes. You agreed to that vote, and what was the point on having an
election if we are not going to respect the outcome of the election?
Mr. Dernis: That's exactly what I said.
Vice Mayor Alonso: Because it's an exercise in what?
Mr. Dernis: If you look at the minutes,...
(APPLAUSE)
Vice Mayor Alonso: I have problems... Please. Please.
Mayor Suarez: Please, please, please.
Vice Mayor Alonso: Please. Please. Please.
Mayor Suarez: POR FAVOR.
164 July 9, 1992
10 a
Vice Mayor Alonso: POR FAVOR.
Mr. Thornton: Mr. Dernis agreed on page 44 of the transcript.
Mr. Dernis: No, if you look...
Vice Mayor Alonso: I have problems with that. I think you should make your
arguments in a different way, and I, for one, was very surprised to see that
some of your arguments before this session today were not really conducive to
giving to us better explanation of the real issue. And 1n the last
session,...
Mr. Dernis: Which is? What's the real issue?
Vice Mayor Alonso: Excuse me. You are the one who has to present to me. I'm
not the one who has to do the work for you. You are the attorney. You
represent them. You should have done a better job to present to us proof of
this item. You agreed to the election.
Mr. Dernis: No, we didn't.
Vice Mayor Alonso: So, today we come and we have to take whatever the
decision of the will of these people, and that's exactly what we are doing.
Mr. Dernis: If you...
Vice Mayor Alonso: I am not about to sit here and say I order an election and
now I don't follow the results of the election...
Mr. Dernis: If you remember...
Vice Mayor Alonso: ... because I don't believe in democracy.
Mr. Dernis: If you remember,...
Vice Mayor Alonso: No, sir.
Mr. Dernis: ... Vice Mayor, I looked at you and I said at the time, I believe
there was eye contact, I said this is like having children decide what parent
should be their custodian in a divorce case.
Mr. Thornton: What an insult.
Mr. Dernis: I said...
Vice Mayor Alonso: Let me tell you something. Usually children are very wise
and in divorce cases, they go and ask the child, who do you feel is the best
parent? Believe me, they do. That's not a good argument, either.
Mr. Dernis: That is why...
Mayor Suarez: Counselor, I have to tell you, your analogies, first suggesting
that they are sick and now that they are children, are not the best chosen
analogies. Anyhow,...
165 July 9, 1992
U
Mr. Dernis: I understand that,...
Mayor Suarez: We take note of your...
a
Mr. Dernis: ... and I don't mean, I didn't mean to say that. In fact, I
prefaced that remark by saying that the participants are entitled to
participation, not the form that you proposed by the vote. And I said - and
the minutes will reflect - when asked whether we should vote or not, I said
no. There are other people standing at this podium that said yes. I said no,
and I gave you that representation. Let's go back to the minutes.
Mr. Thornton: May I correct the record on that? At page...
Mayor Suarez: No, no, no.
Mr. Thornton: Page 44 he said yes.
Mayor Suarez: No, sir. No, sir. Please. You are doing very well if you
Just...
Mr. Thornton: I'll calm down. As a trial lawyer,...
Vice Mayor Alonso: Don't press your luck.
Mayor Suarez: ... sit still right there. You are doing very well, sir. Let
me just finish the objecting party here...
Vice Mayor Alonso: Yeah. They are asking us to say it in Spanish.
Mayor Suarez: ... so we can vote on this by this Commission and get on to
many other items that we have here today. Counselor, frankly, you've gone on
for a good five minutes. You have restated a lot of things previously stated.
We've got to get to a vote here.
Mr. Dernis: I want to look also at the ballot. The ballot speaks of, and the
ballot is in the nature of... I'll read it to you if you wish, but to vote
director William Morales. On the other side, director Abadia Escobosa Adamis.
Now, William Morales... That's what the issue is. That's what they were
voting on. That's what stands out. During that election process,...
Vice Mayor Alonso: Who accepted the wording for the question?
Mr. Dernis: We were not to be involved in it at all.
Vice Mayor Alonso: Who did that? We did?
Mr. Dernisi You said that the City was supposed to do it.
Vice Mayor Alonso: Frank.
Ms. Hirai: No, City Clerk didn't do it.
Mayor Suarez: Frank. _
166 July 9, 1992
7 1
Vice Mayor Alonso: Frank.
Mayor Suarez: Mr. Castaneda. That is unusual to have on the ballot the name
of the intended executive director.
Vice Mayor Alonso: Indeed, because it could be that person today and who
knows...
Mayor Suarez: Right.
Vice Mayor Alonso: ... tomorrow.
Mr. Castaneda: It had the name of the agency and the name of the company -
I'm sorry, the name of the director. The reason for that was for easy
identification of the two issues. I did not want for people to say that they
voted for somebody because they were confused.
Mayor Suarez: OK. I think if you had consulted the City Attorney,...
Ms. Hirai: Yeah, it contained both.
Mayor Suarez: ... he might have advised you that, that was superfluous
information. I don't think...
Vice Mayor Alonso: That wasn't right.
Mr. Thornton: They did.
Mayor Suarez: I don't think it is harmful in the sense of... It's like
harmless error that we would, but it was superfluous.
Vice Mayor Alonso: I would like, Mr. Mayor, I would like to tell them in
Spanish, and tell them now that they are not going to have Mr. Morales now for
a period of time. They better understand this, so we better explain to them
in Spanish. LO QUE ACABAMOS DE DECIR, LO QUE ESTABAMOS DISCUTIENDO ES EL
ASUNTO DE LA ELECCION. YO LE EXPLICABA A ELLOS QUE T000 EL MUNDO, LAS DOS
PARTES, ESTUVIERON DE ACUERDO CON UNA ELECCION Y EL RESULTADO DE LA ELECCION
ES LO QUE NOSOTROS VAMOS A ACEPTAR Y HEMOS ACEPTADO. LA MAYORIA QUE VOTO Y
GANO, ESA TIENE LO QUE VOTARON Y LO QUE APROBARON. EL PUNTO QUE ES IMPORTANTE
QUE USTEDES ENTIENDAN TAMBIEN, ES QUE DEBIDO A CIERTAS ACUSACIONES QUE
EXISTEN, SERIAS ACUSACIONES, EL SENOR WILLIAM MORALES NO VA A ESTAR AL FRENTE
DE LA ORGANIZACION. HEMOS ACORDADO... CREO QUE FUE 90 DIAS. NO?
Mayor Suarez: NO, MENOS.
Vice Mayor Alonso: ... 0 MENDS TIEMPO, DEPENDE DE LO QUE DURE EL PROCESO DE
LA INVESTIGACION Y LO RAPIDO QUE EL RESPONDA Y ACLARE SU SITUACION. EN ESE
PERIODO DE TIEMPO, USTEDES VAN A TENER A LA SENORA AL FRENTE, QUE FUE LO QUE
USTEDES HAN DECIDIDO. VERDAD? OK. VA A ESTAR AL FRENTE DE EL COMEDOR. POR
LO TANTO, PARA QUE USTEDES LO ENTIENDAN, COMO LA PREGUNTA APARECIA WILLIAM
MORALES NO ES NECESARIAMENTE GARANTIZADO QUE ESO ES ASI, PERO LA DECISION DE
USTEDES ME IMAGINO QUE ES POR LA ORGANIZACION. CORRECTO? PARA QUE USTEDES
ENTIENDAN.
167
July 9, 1992
Mayor Suarez: All right.
Vice Mayor Alonso: GRACIAS.
Mr. Dernis: I do have one...
Mayor Suarez: Last point, counselor, we've got to vote and get on...
Mr. Dernis: I beg your...
Mayor Suarez: And I'm not sure what her role is. But maybe she ought to at
least tell us on the mike. She seems to be...
Mr. Dernis: The one... Yes. I beg your indulgence since it appears that it
may be my last opportunity with this client to speak before you. At least a
eulogy. The other point I wanted to ask...
Mayor Suarez: Well, that's not necessarily the case, you know. You may
have... Up to now, we've had competing organizations. You may have so much
need in the area that another organization is entitled to receive funds. Who
knows?
Mr. Dernis: Believe me, we are not standing still. But the one last comment
I wanted to make before my co -counsel makes a short comment, was that I
believe the last printout that I saw of De Hostos Senior Center also reflected
that Mr. Morales and his wife were either officers or directors of the
corporation, of De Hostos, the new corporation.
Mr. Thornton: That's not true.
Sherrie Marcus, Esq.: That is true.
Mr. Thornton: Absolutely false.
Mayor Suarez: Well,...
Mr. Dernis: It's the last printout that I saw from the Secretary of State.
Ms. Marcus: Secretary of State.
Mayor Suarez: Throw in as a proviso...
Mr. Thornton: Mr. Dernis has a habit...
Mayor Suarez: Wait, wait! I've never seen attorneys so indisciplined. Mr.
Manager, would you assure yourself that, in addition to the other provisos,
there be no problem of having...
Commissioner Plummer: Well, what is this? When I went to the bathroom, this
matter was settled.
Mayor Suarez: ... someone be an officer or director of the organization...
168 July 9, 1992
Commissioner Plummer: What happened?
Mayor Suarez: ... that is also going to be the executive director, and that
is, in fact, the person against whom certain allegations are made, as part of
this funding. All right. Anything further, ma'am?
Ms. Marcus: My name is Sherrie Marcus for Holy Cross. Again, we've always
faithfully supported the City. We have done our job. We have done everything
that is asked, and if you look at the monitoring reports, the reason that Mr.
Morales was let go, was he was not reaching your standards. The reason that
we are fighting this is - and I called the State of Florida - he is the
president of the board of directors of De Hostos. His wife is an officer.
They are the ruling vote, so he's not the executive director who is there.
That's like removing the department head and putting him on the City
Commission. He still has total rule of the organization. Our fear is for the
seniors. We are not paid. There is not... Every single person on our board
of directors is a volunteer who will... You are right. They will go to
another organization and they'll serve Miami.
Mayor Suarez: Well, let me correct you on one point.
Ms. Marcus: These people are paid.
Mayor Suarez: One point that is very unusual is that you had a member of your
board who apparently voted to exclude or to dismiss Mr. Morales, and then
ended up being chosen as executive director. That is most unusual, I have to
tell you.
Mr. Dernis: May I address that? Because it's been mentioned in that fashion
since March,...
Mayor Suarez: Right.
Mr. Dernis: ... and not one City official has, or office, has investigated
it. Not one of them has come in and spoken to anybody.
Mayor Suarez: No, no. You admitted that, that took place. In fact, the
young lady herself admitted it.
Mr. Dernis: Yes. That's right.
Mayor Suarez: Right.
Mr. Dernis: But was it a conflict? Your own City Attorney says no it's not a
conflict. You shouldn't be involved in it.
Mayor Suarez: No, no. But she said that none of the board members ever
received any compensation.
Vice Mayor Alonso: What was that?
Mr. Dernis: That's correct.
169
July 9, 1992
Mayor Suarez: But it's interesting that they voted to dismiss an executive
director and then were themselves appointed executive director. That is
unusual.
Mr. Dernis: No, but the implication is not what the facts are. The facts
were, she resigned because...
Mayor Suarez: The implications for me are what I choose to make them.
Mr. Dernis: Well, then I suggest you know the facts. How long was she
unemployed before she made an application?
Mayor Suarez: I just want to bring it up because...
Mr. Dernis: Why did she resign to begin with?
Mayor Suarez: ... the altruism of a board is reflected, as your co -counsel
mentioned, by the fact that they work without compensation, but something 1s
lost when that board member participates in a vote to fire an executive
director and ends up then being chosen as executive director.
Mr. Dernis: Is that one of the basis for the decisions of the Commission?
Mayor Suarez: No, the basis for the decision, the main basis for the decision
is the vote of the people who are, in fact, being served. All right.
Anything further, Commissioners? If not, please call the roll on the motion.
Commissioner De Yurre: What was the motion?
Mayor Suarez: The motion is...
Ms. Hirai: To give...
Mayor Suarez: ... to award the funding to the De Hostos board with the
proviso that an executive director, interim executive director, be named until
the allegations against Mr. Morales are cleared by the Manager's determination
or the State Attorney, and the funding is only now, at this point, for I think
three months. Is that what we said?
Mr. Odio: Two months.
Ms. Hirai: Yes, sir.
Mayor Suarez: Two months. All right.
Commissioner De Yurre: OK. Now, what will the Manager's criteria for making
that determination? Is he going to wait for the State Attorney to make a
determination?
Mayor Suarez: By phrasing it in the alternative, we have given him the
ability to make that determination, or the thing just sort of lags.
Commissioner De Yurre: Realistically speaking, guys, the State Attorney does
not have to say yea or nay about nothing.
170 July 9, 1992
Mr. Odio: No. I was thinking of using the Internal Affairs unit from the
Police Department and have them move fast on it.
Commissioner De Yurre: OK. So it will be based on internal City of Miami
Investigation.
Mr. Odio: If they find, however, that there is cause for something else, then
they will turn it over to the State Attorney's office.
Commissioner De Yurre: OK. Then within 60 days, that's more than enough time
to make this investigation.
Mr. Odio: It should be.
Commissioner De Yurre: It should be. So, OK. We put a cap of 60 days on
this?
Mr. Odio: Yes.
Commissioner De Yurre: OK. So, in 60 days, you'll come back with a report,
yea or nay, and we can move on.
Mr. Odio: Yes.
Mayor Suarez: All right.
Mr. Dernis: I have the original affidavit in my possession, which you can
have it when you want it.
Mayor Suarez: Very good. And by the way, the copy is in the record. If it's
the one that I referred to, counselor. All right. Call the roll.
Commissioner Plummer: Let me ask just a simple question, Mr. Mayor.
Mayor Suarez: Don't call the roll.
Commissioner Plummer: And I'm just going to ask this. Mr. Manager, in the
information from Ana Fernandez, I assume she works for you. For example,...
Mr. Odio: She's the monitor for...
Commissioner Plummer: ... let me just use one of the criteria.
Mr. Odio: Ana Fernandez works for the Mayor.
Commissioner Plummer: Huh? OK. Mr. Mayor, Ana Fernandez was supposedly the
one who looked...
Mr. Odio: Technically, she does work for me.
Commissioner Plummer: ...into the allegations. Is that correct?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
171 July 9, 1992
ro a
Commissioner Plummer: OK.
Mr. Odio: She is the one that sent the allegations to us.
Commissioner Plummer: Did, at any time, Ana Fernandez ever talk with
Yatmileth Pinilla?
Mr. Odio: I don't know.
Commissioner Plummer: Well, I think...
Mayor Suarez: No. I don't think she carried out any kind of a formal
investigation.
Mr. Odio: No. But a staff...
Mayor Suarez: She relayed something that we received to me. I don't even
know how it...
Mr. Odio: If you read the memo that staff prepared,...
Commissioner Plummer: Well, that's what I'm asking, because, you know,...
Mr. Odio: Read the memo that my...
Commissioner Plummer: ... these are more allegations than that which I had
previously... Ana Fernandez,....
Mr. Odio: No, no, no. Look, will you read the memo that was...
Commissioner Plummer: The question I'm asking, Mr. Manager, OK? And I think
these matters have to be...
Ms. Joyce Nunez: Commissioner, the memo was sent to my boss, Frank and
then... I am the monitor for the program. I went out and I interviewed Miss
Pinilla.
Commissioner Plummer: All right. You did interview her?
Ms. Nunez: Yes, and the information...
Commissioner Plummer: All right. The accusation of the... She was a
secretary?
Ms. Nunez: Yes.
Commissioner Plummer: And the accusation was that she typed letters and the
bylaws for the Caribbean Art during working hours of the center. Was that
found to be true or false?
Ms. Nunez: well, when I interviewed her, she restated that information. I
then interviewed the social worker, and the social worker stated that she had
no knowledge of that. I then...
172 July 9, 1992
Commissioner Plummer: My question is, is the statement true or false in your
findings?
Ms. Nunez: How can I determine... I cannot determine that, sir.
Commissioner Plummer: Did you talk to this lady?
Mr. Thornton: We replied to that.
Commissioner Plummer: Excuse me. I'm asking her, sir. Did you talk to this
lady?
Ms. Nunez: I spoke to her and she told me...
Commissioner Plummer: And what did she tell you?
Ms. Nunez: She told me exactly what she wrote in the memo. That she did work
for him during working hours and after working hours.
Commissioner Plumper: OK. But during working hours?
Ms. Nunez: Right.
Commissioner Plummer: And you did not find any... Did you report this back
to, who?
Ms. Nunez: It's included in the memo,...
Mr. Odio: It's included in the report in the back.
Ms. Nunez: ... right there, sir. There is a reply.
Mr. Odio: The one that I...
Commissioner Plummer: And it's so stated in this very thick memo here?
Mr. Odio: No, it's...
Ms. Nunez: No, not...
Mr. Odio: No, it's a short memo right behind that one. -
-: Commissioner Plummer: That she did do work for him during working hours?
Ms. Nunez: Yes.
- Commissioner Plummer: OK. And you, I guess then because of the
recommendation, don't find that to be a problem? I'm assuming that because in
" normal business 1f that were to be the case the person would be terminated.
_ Mr. Castaneda: No, Commissioner. I think that what my staff is saying is
that there's not sufficient evidence to reach a conclusion...
173 July 9, 1992
r
Commissioner Plummer: Do you not have woman's... You interviewed her, she
made a statement on the record. I'm assuming you took an affidavit of sorts.
Mr. Castaneda: No, we did not.
Commissioner Plummer: You did not. Then why did you go up there and waste
your time? I mean, why ask her if she... Do you expect her to produce video
tapes that she did it? I mean, why did you waste your time going up and doing
such a thing?
Mr. Odio: Well, it's her word against Mr. Morales.
Commissioner Plummer: I understand that, but... Fine. She said she did it,
you can't prove it. But what did you accomplish? What was accomplished? Was
there anything accomplished?
Mr. Castaneda: We wanted to determine whether there was...
Commissioner Plummer: She said she did it.
Mr. Odio: He says she didn't. So that's what we need to...
Commissioner Plummer: OK. Mr. Manager, the question, I ask again. What did
you accomplish? She said she did it. That, to me... Mr. Manager, when doing
business, sir, if you have somebody working for you that was using your people
to do work on your time, 1s that not grounds for termination?
Mr. Odio: Yes.
Commissioner Plummer: That's what I thought. And yet...
Mr. Odio: But he doesn't work for us. It's a very...
Commissioner Dawkins: Call the question.
Commissioner Plummer: OK.
Mayor Suarez: OK. If there's no further inquiries, comments by the
Commission, we have a motion and a second.
Ms. Hirai: Yes, sir.
Mayor Suarez: Please call the roll.
174 July 9, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-430
A RESOLUTION SELECTING DE HOSTOS SENIOR CENTER, INC.
("DE HOSTOS"), TO OPERATE AN ELDERLY CARE PROJECT
("PROJECT") IN THE WYNWOOD TARGET AREA ("WYNWOOD");
DIRECTING THE CITY MANAGER TO CONDUCT AN INVESTIGATION
OF THE ALLEGATIONS MADE AGAINST WILLIAM MORALES,
FORMER EXECUTIVE DIRECTOR OF SAID PROJECT, REPORT THE
FINDINGS OF SAID INVESTIGATION TO THE CITY COMMISSION
WITHIN SIXTY (60) DAYS, AND, IF NECESSARY, TO REFER
THE MATTER TO THE STATE ATTORNEY'S OFFICE; NAMING
ADALIJISA DE ITURRONDO MARTINEZ INTERIM EXECUTIVE
DIRECTOR OF THE PROJECT PENDING THE FINDINGS OF SAID
INVESTIGATIONS; AND ALLOCATING $32,400 OF THE
EIGHTEENTH (18TH) YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS, PREVIOUSLY APPROPRIATED BY ORDINANCE N0.
10955, ADOPTED APRIL 2, 1992, TO DE HOSTOS TO OPERATE
THE PROJECT FOR THE PERIOD JULY 10 - SEPTEMBER 10,
1992.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I am assuming that all of these allegations, including
the ones that I received this week, are going to be investigated by the
Administration and a determination made as well as the State Attorney's
office. I vote yes.
Commissioner Dawkins: On the same grounds that Plummer voted yes, I vote yes.
Commissioner De Yurre: If we are talking about the determination is made
internally by the City that in 60 days we'll have a response, I vote yes.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: All right, folks.
175 July 9, 1992
Mr. Dernis: I do have a...
Mayor Suarez: Your particular issue, for the moment, is put to rest. We
shall see...
Commissioner Plummer: Mr. Mayor, I think we ought to take up Kidco because
that's part of the same ball of wax.
Mayor Suarez: All right.
Mr. Dernis: Do... Excuse me.
Mayor Suarez: Somebody is going to have to explain to me how that is, and
then we can get on with that item.
Mr. Dernis: Your Honor, what I am concerned about is the transition of the
employees and all those other arrangements.
Mayor Suarez: Well, please work that out with the Administration.
Mr. Dernis: So when is it effective?
Mayor Suarez: This Commission is going to set policy, award funds. It's all
premised on the Administration handling that, and they certainly know how to
do transitions. So, Frank, work with them on that, please. All right. Now,
how is Kidco related? We had funding...
Mr. Odio: Let me... Maybe I can cut through...
Mayor Suarez: ... for child care. Yes.
Mr. Odio: Kidco. OK. They...
Mr. Thornton: Mr. Mayor.
Mayor Suarez: I think these folks can go, if you can explain that to them,
Bill.
Mr. Thornton: That's what I'd like... They would like to thank you.
Mr. Odio: YA SE PUEDEN IR.
Mayor Suarez: YA SU ASUNTO SE RESOLVIO FAVORABLE A USTEDES, ASI QUE YA PUEDEN
IRSE.
Unidentified Speaker: POR FAVOR, QUIER... POR FAVOR, VOY A HABLAR EN
ESPANOL.
Mayor Suarez: NO, POR FAVOR, POR FAVOR. NO, ES QUE TENEMOS MUCHOS ASUNTOS.
Unidentified Speaker: Thank you for all.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
176 July 9, 1992
Mayor Suarez: That's it. That's it. LAS GRACIAS NO HAY QUE DARLAS.
NOSOTROS TRATAMOS DE HACER LO CORRECTO. YA, YA VOTAMOS POR USTED YA. YA
VOTAMOS, YA. OK. I'm going to put... VOY A PONER ESTO EN EL RECORD DE LA
CIUDAD.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Suarez: LO VAMOS A PONER EN EL RECORD DE LA CIUDAD. YO NO QUISE
INTERRUMPIRLE, PERO NO ERA NECESARIO... QUE DIOS LAS BENDIGA A USTEDES.
Vice Mayor Alonso: SALUD.
Mayor Suarez: Mr. Morales. OK. YA LO VAMOS A PONER EN EL RECORD.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Dernis: Forty-one is next.
Commissioner De Yurre: This looks like a picnic.
Commissioner Dawkins: Yeah, we have to.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: PERFECTO. Mr. Morales. Mr. Morales. Begin your, hopefully,
future duty by helping us to clear the Chambers, sir. The ones that have to
do with the senior center. Por favor. Por favor. Mr. Castaneda, please help
us. Please.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: Yes, that's what we are going to do now.
Commissioner Dawkins: That's what we are trying to do now.
Mayor Suarez: That's what we are trying to do. Mr. Manager, give us a little
help here, please, with your staff.
Vice Mayor Alonso: BUENA SUERTE.
Mayor Suarez: We are going to have to have special people assigned to clear
the Chambers every time we do one of these issues. This is incredible. All
right. Luis, please clear the Chambers. Please.
City Manager Odio: Mr. Mayor.
Mayor Suarez: Frank, help, please. Staff. Manager. Aurelio. You got a
major back here. Maybe he could help us. He looks like he's a pretty
impressive law enforcement... Please, help us.
Vice Mayor Alonso: Yes, we need all the help we can get.
177 July 9, 1992
Mayor Suarez: A couple of large looking firefighters.
10. RESCIND RESOLUTION 92-393, WHICH ALLOCATED FUNDS TO HOLY CROSS DAY CARE
CENTER, INC. TO OPERATE A CHILD DAY CARE PROJECT IN WYNWOOD TARGET AREA
(JULY 1 - JULY 31, 1992) -- ALLOCATE $17,747 OF 18TH YEAR CDBG GRANT
FUNDS TO KIDCO CHILD CARE, INC. (JULY 1 - SEPTEMBER 10, 1992) TO PROVIDE
A PROJECT IN WYNWOOD -- DIRECT KIDCO TO FURNISH CITY ADMINISTRATION ALL
NECESSARY DOCUMENTATION PERTAINING TO PROJECT -- DIRECT MANAGER TO MAKE
RECOMMENDATION CONCERNING FURTHER FUNDING TO KIDCO PRIOR TO SEPTEMBER
LOTH COMMISSION MEETING -- DIRECT MANAGER TO NOTIFY KIDCO BY SEPTEMBER
1ST CONCERNING CONTINUED FUNDING THROUGH JUNE 30, 1993.
------------------------------------------------------------------------------
Mayor Suarez: My Godl Now, we have... You know, we have a rule about not
bringing kids to try to argue your case.
Vice Mayor Alonso: How in the worldl
Mayor Suarez: And today that rule has been violated by a factor of 50, but I
have to say that they are beautiful kids and we love to see them.
Mr. Cesar Odio (City Manager): Well, Mr. Mayor.
Mayor Suarez: Hopefully, we'll be able to vote on this one rationally when
all these kids...
Vice Mayor Alonso: They got my vote.
Mayor Suarez: Yes, it's hard to...
Mr. Odio: That's the... That's what I was going...
Sanford Dernis, Esq.: Mr. Mayor.
Commissioner Dawkins: No.
Mr. Dernis: May I make a presentation as to what our position is.
Mayor Suarez: Counselor, let me first find out from our staff, please, where
we are, why there are all these kids here, as much as we love to have them.
If, at some point, whoever is in charge... Are you in charge, by any chance
here, Freddy? I bet you are always in charge of things. All right.
Commissioner Dawkins: Yeah, Freddy brought them all down here. He paid...
Commissioner Plummer: Excuse me, Mr. Mayor.
Mayor Suarez: You know, the kids can...
Commissioner Dawkins: Freddy paid for the bus to bring them down here.
178 July 9, 1992
Lm�
Mayor Suarez: Freddy paid for the bus.
impossible...
r�
If at some point it's just
Unidentified Speaker: We'll take them back up.
Mayor Suarez: ... they can go upstairs, they can watch from up there, they
can sit in the conference room. We can get them some cokes or something...
Commissioner Dawkins: We are going to get them out of here in a hurry, Mr.
Mayor.
Mayor Suarez: All right. Hopefully.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Dawkins: Mr. Manager, what's your recommendation?
Commissioner Plummer: Of Kidco, I had asked them for their financial records
predicated to dissolve, if any, the allegations that were made by groups that
maybe now are together who were not previously, that the director of Kidco
formerly had an organization, a for profit day care center in competition with
Holy Cross, which his wife operated, and at such time when the Kidco went
broke, or went under, it then went with Holy Cross under, and I asked them to
furnish the Administration with financial records and to have the
Administration analyze and recommend to me. Mr. Manager, I'm assuming that,
that was complied with and you have had the opportunity to look into those
financial records and make a determination that there was, in fact, no
conflict of interest existing between the Kidco for profit, the Kidco that did
not make it, and the Holy Cross, which is now proposed to be out of business.
Here again, it's allegations and I ask that those allegations, in whatever
way, be cleared up.
Mr. Odio: I have satisfied myself that Kidco is a not for profit
organization...
Commissioner Plummer: That was not my... That was not the allegation, sir.
Mr. Odio: Then why not...
Commissioner Plummer: They previously were for profit, and they admit so.
Mr. Odio: They are now nonprofit organization.
Commissioner Plummer: That is correct, sir, but at the time they were profit.
The individual running that, his wife was the director of the Holy Cross. Am
I correct?
Mr. Odio: Yes. That is correct.
Commissioner Plummer: When this group went under...
179July 9, 1992
Unidentified Speaker: No, we didn't.
Commissioner Plummer: When this group ceased to be nonprofit,...
Mr. Odio: They went to nonprofit.
Commissioner Plummer: They went to a nonprofit for virtue of the fact of the
Holy Cross to be put of business.
Unidentified Speaker: No, that's not correct.
Commissioner Plummer: Well, you know, you say it's not,...
Unidentified Speaker: Allegation.
Commissioner Plummer: ... but here again I say that the allegations, whatever
they may be, have to be cleared up.
Mr. Odio: I'll put on the record the following.
Commissioner Plummer: All right.
Mr. Odio: From Patrick J. Campbell, CPA (Certified Public Accountant).
Commissioner Plummer: All right, sir.
Mr. Odio: My report on my audit of the basic financial statement of Kidco
Child Care, Inc. for the period of March 12, 1991, date of inception,...
Commissioner Plummer: Excuse me, sir. Is that a certified audit?
Mr. Odio: Yes, it is.
Commissioner Plummer: Is it a certified audit?
Mr. Odio: It is an independent auditor's report on information.
Commissioner Plummer: It is not certified.
Mr. Odio: I guess if the CPA signs it, it's certified.
Commissioner Plummer: No, sir. There is a type of audit which is called a
certified audit.
Mr. Odio: There is another one here, letter to management on internal control
also from the CPA, and there is also an independent auditor's report on
compliance with laws...
Commissioner Plummer: An audit done by... Sir, if you are not aware, let me
make you aware. An audit done by a CPA furnished only by the records which
you have is not certified.
Mr. Odio: Well, they are certifying here, this individual who is a CPA, is
certifying that the financial statements are correct. So, now let me...
180 July 9, 1992
Mayor Suarez: All right. If it's not a certified public audit, it is
certainly an audit by a certified public accountant.
Mr. Odio: A certified public accountant.
Mayor Suarez: All right.
Mr. Odio: Now, my... I will be short.
Mayor Suarez: Because the Commissioner... I'm sorry my brother Commissioner
didn't explain very clearly, at least to me, where exactly are we? There
was... Is this similar to the prior... There was an agency which received our
funds for child care, right?
Mr. Odio: Right.
Mayor Suarez: What was the name of that agency?
Mr. Frank Castaneda: Holy Cross.
Mr. Odio: Holy Cross.
Mayor Suarez: Holy Cross?
Mr. Castaneda: Day Care Center, Inc.
Mr. Odio: Child Day Care Center.
Sanford Dernis, Esq.: Day Care Center, Inc.
Mayor Suarez: OK. Now, there is an agency called Kidco?
Mr. Castaneda: Correct.
Mr. Odio: Yes.
Mayor Suarez: And Holy Cross Day Care Center continues to exist, I presume.
Mr. Castaneda: Well,...
Mr. Dernis: Yes. But may I...
Mr. Odio: Well, that's the point, Mr. Mayor. Let me see if I can cut through
this.
Mr. Dernis: May I provide some information? It might clear it up.
Mayor Suarez: Now... But wait. Before... Now, Commissioner Plummer was
getting into an agency that went from for profit to nonprofit. Which agency
was that?
Mr. Odio: Kidco.
181 July 9, 1992
Vice Mayor Alonso: Kidco.
Mayor Suarez: Kidco. Initially started as a for profit?
Mr. Odio: For profit.
Mayor Suarez: Did it do any business for any period of time as a for profit?
Mr. Castaneda: Yes.
Mr. Odio: Yes.
Mayor Suarez: For how long?
Unidentified Speaker: Approximately a year and a half.
Mr. Odio: One year and a half.
Mayor Suarez: A year and a half as a for profit. It is now a certified
nonprofit?
Mr. Odio: Yes.
Mayor Suarez: OK. Is it a 501(c)(3)? Does it have a Federal tax ruling that
it is in fact...
Mr. Odio: Say yes or no.
Mr. Hector Velasquez: Yes.
Mayor Suarez: All right, and you can give us that certification? - that it's
been accepted as a 501(c)(3).
Mr. Velasquez: Yes, we can give it to you.
Commissioner Plummer: It's always the first line of an audit report. That's
not there?
Mayor Suarez: Or at least... Well, usually it's that the purposes are
consistent with a 501(c)(3), but,...
Commissioner Plummer: Is that not...
Mayor Suarez: ... presumably,...
Vice Mayor Alonso: Do you have it or you have applied it?
Mayor Suarez: You have an IRS (Internal Revenue Service) ruling?
-- Mr. Velasquez: That's right.
Vice Mayor Alonso: You do?
182 July 9, 1992
Mayor Suarez: All right. Mr. Manager, make sure that they do have an IRS
ruling of 501(c)(3).
Mr. Odio: I will make sure it's incorporated into the record. Now,...
Mr. Velasquez: We have been granted head start slots. Head start slots would
not have been granted to us if we don't have it.
Mr. Odio: Here is a report on the financial statement...
Mayor Suarez: It's a very simple letter from the IRS...
Mr. Odio: No, it's here.
Mayor Suarez: .. that says you have a 501(c)(3).
Mr. Odio: It is here. In the note from the CPA, Kidco Child Care, Inc. is a
nonprofit, tax exempt under Section 501(c)(3)...
Commissioner Plummer: That's fine.
Mr. Odio: ... of the Internal Revenue Code.
Mayor Suarez: Well, that's the accountant's opinion. All right. Maybe you
ought to get a ruling, too. Let's proceed now. That's this particular
group...
Mr. Odio: Right.
Mayor Suarez: ... that is now nonprofit and is seeking for us to give them
funds...
Mr. Odio: Yes.
Mayor Suarez: ... and Holy Cross Day Care Center, Inc....
Mr. Odio: Would like to keep the funds.
Mayor Suarez: And that is the group that you represent, counselor?
Mr. Dernis: Yes.
Mr. Odio: The problem comes into this, Mr. Mayor.
Mayor Suarez: What are all the folks... I have an idea that these are with
Kidco...
Mr. Dernis: Another agenda. It's another agenda item.
Mayor Suarez: Ah! These are not your supporters...
Mr. Dernis: No. I'd love to have them,...
Commissioner Plummer: Mr. Mayor, may I help you for a minute?
183 July 9, 1992
r-A
Mr. Dernis: ... but they are too late.
Commissioner Plummer: May I help you?
Commissioner Dawkins: Mr. Manager, what is your recommendation?
Mr. Odio: That we fund Kidco for 90 days...
Commissioner Plummer: The problem is...
Mr. Odio: ... until every other question that we might have is satisfied and
then if they satisfy certain questions that we may have and you may have, then
continue funding them for the rest of the year. The reason being,
Commissioner, that it's the kids that we have to take into consideration.
Kidco has control of the church facility where the kids are presently being
housed. So if you put them out of business, the kids will have no place to
go.
Mayor Suarez: You have verified that they have the lease now? Kidco...
Mr. Odio: Yes, I did.
Mayor Suarez: ... is the entity that has the lease.
Mr. Odio: Yes, I have.
Mayor Suarez: What is the name of the church?
T-
Commissioner Plummer: Holy Cross.
R
F
Mr. Odio: Holy Cross.
Mr. Velasquez: Holy Cross Episcopal Church.
Mayor Suarez: It's still named Holy Cross?
Mr. Odio: Yes.
Mr. Velasquez: As a matter of fact, Holy Cross Episcopal Church has
requested, in writing by the Bishop's office, that Holy Cross Day Care no
longer carry that name,...
Mayor Suarez: All right.
Mr. Velasquez: ... because that is not a generic name.
Mayor Suarez: They may want to answer that and...
= Commissioner Plummer: That's their problem.
Mayor Suarez: ... they may also want to answer... I would be inclined, since
I think the Commission is ready to go ahead and fund the agency that you head,
I would be inclined to hear from counselor as to why he objects to that, and
then see if we have other questions that come up.
184 July 9, 1992
Commissioner Plummer: Do we have a...
Commissioner Dawkins: All right. One question before you go any further.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Plummer: ... a budget on Kidco? Do we have a budget?
Commissioner Dawkins: Kidco has funding from the State of Florida and Dade
County. Is that correct? So, therefore,...
Mr. Velasquez: Yes, that's correct.
Commissioner Dawkins: So, therefore, in the event that this Commission
decided to hold funds for 90 days, that doesn't mean a thing. You'd still be
able to operate while you are waiting.
Mr. Velasquez: No, I wouldn't be able to operate.
Commissioner Dawkins: Why?
Mr. Velasquez: Because through the City funding that we receive, we subsidize
approximately 30 children that won't be able to be taken into the facility
once those 90 days are over. On top of that, we have four to five employees
that are funded through that money, and they would be also unemployed.
Commissioner Dawkins: All right. If they take... And at the end of 90 days,
they decide not to fund to you, what then?
Mr. Velasquez: Well, then at that time they would have to leave. Those 30
children or those four employees. So, the 90 day...
Commissioner Dawkins: You mean to tell me that if you kept them for 90 days,
you couldn't find a way to keep them? You see, my concern...
Mr. Velasquez: I'm informed that it's, say around, 65 kids.
Commissioner Dawkins: My concern is, we've already uprooted these youngsters.
OK? We are moving them from Holy Cross to Kidco.
Mr. Velasquez: No, it's the same facility.
Commissioner Dawkins: Wait a minute.
Mr. Dernis: Same facility.
Mr. Velasquez: It's the same facility.
Commissioner Dawkins: You finished? You finished? OK? We already... Now,
they are full of trauma. OK? Now, you can say moving them from one building,
from one room, different people, and what have you. OK? Now, I am in favor
of whatever we do now is permanent. They do not need any more emotional scars
to be going around here with. So, now whatever this Commission is going to
185 July 9, 1992
do, I don't care what it is, because I told you when you were here before that
I didn't care about giving you the money.
Mr. Velasquez: That's right.
Commissioner Dawkins: I told you that.
Mr. Velasquez: You did.
Commissioner Dawkins: But whatever this Commission does, I'm going to vote
with it. Because there is no sense in me being on the losing side of a 4-1
vote. OK? So whatever they do, I'm going with it.
Mr. Dernis: You made points with me, Commissioner.
Mayor Suarez: All right.
Commissioner Plummer: Well, I got some serious questions here.
Mayor Suarez: If you want to, at this point, Hector, you might ask him to go
ahead and go up. We take note of the fact that they are here and they support
Kidco. If you think that they'll be in better shape upstairs... I would think
they would be.
Mr. Velasquez: Are they creating a nuisance right now?
Commissioner Dawkins: No, I like to look at them. I want them to see me.
Mr. Velasquez: Yeah, look at Miller Dawkins up there. Wave at the...
Mayor Suarez: If they look at Dawkins too long, it may harm them. Anyhow.
All right.
Vice Mayor Alonso: I'm delighted that they are here.
Commissioner Plummer: Mr. Mayor,..,
Vice Mayor Alonso: I never had so much fun in one of the City Commission
meetings.
Mayor Suarez: Bless you all.
Vice Mayor Alonso: The best.
Commissioner Plummer: Mr. Mayor, I have...
Mayor Suarez: Thank you, Hector. Debbie, you could, from Commissioner
Dawkins's budget, buy them Coca Colas and things.
Vice Mayor Alonso: They are adorable.
Mayor Suarez: Yeah, they really are adorable.
Mayor Suarez: The Mayor's office got Coca Cola and cookies for you.
=� 186 July 9, 1992
Mr. Velasquez: Say good-bye to the Commissioners.
Mayor Suarez: I'm not sure that was a good idea after all.
Vice Mayor Alonso: Don't give them Coca Cola. They won't sleep tonight.
They get hyper.
Mr. Velasquez: Bad for their teeth.
Mayor Suarez: Al right. Clemente, you can help with the escorting here.
Debbie, thank you. In retrospect, it's almost better that they... All right.
Mr. Morales, one more effort, please, to...
Vice Mayor Alonso: This unfair competition,...
Mayor Suarez: Really.
Vice Mayor Alonso: ... believe me. They brought the kids.
Mayor Suarez: Yeah, that was really unfair.
Commissioner Dawkins: Well, I could do my pocket items while they are
clearing.
Commissioner Plummer: How many employees do you have, sir?
Mr. Velasquez: At this time, approximately twenty -something. Full capacity
at Kidco with the Head Start program, employs approximately forty -something
employees.
Commissioner Plummer: What is your salary?
Mr. Velasquez: I have no salary at this time.
Commissioner Plummer: What is your proposed salary under a million dollar
budget?
Mr. Velasquez: Probably forty, forty-five thousand dollars.
Commissioner Plummer: And who are the consultants?
Mr. Velasquez: We have Dr. Morrison, he's a consultant from FIU (Florida
International University).
Commissioner Plummer: And what is he being paid and what is he doing?
Mr. Velasquez: I haven't put him in the budget yet, so I really don't know
exactly how much I'll be paying him.
Commissioner Plummer: He's in the million dollar...
Mr. Velasquez: Miss La Villa, can you...
187
July 9, 1992
r]
Commissioner Plummer: Who would be receiving the management fee?
Mr. Velasquez: The staff that administrates.
Commissioner Plummer: That's a fee. I'm not talking about salaries,
sir.
Who would receive the management fee? A fee is not salaries.
Mr. Velasquez: We plan to keep it all as a salary.
Commissioner Plummer*: No, sir. You have salaries listed at $550,000.
Over
fifty percent (50%) is salaries. Who is receiving the management fee?
Mr. Velasquez: I'm not collecting the management fees, that's why.
Commissioner Plummer: Sir?
Mr. Velasquez: I'm not collecting the management fees, that's why I don't
understand...
Commissioner Plummer: I didn't say you were. I said, who is?
Mr. Velasquez: Nobody.
Commissioner Plummer: Who will be receiving the management fee?
Mr. Velasquez: The administration, most probably. That's...
Commissioner Plummer: No, sir. That is the salaries.
Vice Mayor Alonso: Is this their budget?.
Commissioner Plummer: Yes, ma'am. This is their budget, and I'm asking
from
your budget, sir. Who is receiving the $66,000 of a management fee?
Mr. Velasquez: Silvia.
Vice Mayor Alonso: They better have an answer.
Mr. Velasquez: Silvia, can you help me out here? Sort of like caught between
a rock and a hard place.
Ms. Silvia La Villa: Yes, sir.
Commissioner Plummer: I'm sorry?
Ms. La Villa: I need to introduce myself. My name is Silvia La Villa.
Commissioner Plummer: Would you come to the microphone, please?
Mayor Suarez: Yeah, but you need to move closer to the mike, or move the
mike
closer to you. One of the two.
Ms. La Villa: My name is Silvia La Villa and I was a former employee of
Holy
Cross Day Care Center, Inc.
188 July 9, 1992
Commissioner Plummer: OK. And...
Ms. La Villa: Presently unemployed.
Commissioner Plummer: Why have you been selected to come answer my question?
Are you the auditor?
Ms. La Villa: I look like an auditor, don't I?
Commissioner Plummer: No, you don't look like an auditor, but what capacity
do you stand before that microphone to answer questions?
Ms. La Villa: Well, in the past, as an employee of Holy Cross Day Care
Center, Inc., I had some recollection and information on the budget and how it
operates.
Commissioner Plummer: All right. Then, hopefully, you might be able to
answer my question. Who will be receiving the management fee?
Ms. La Villa: OK. The management fee are fees that cover expenses for the
accountant...
Commissioner Plummer: Would you speak up? I can hardly hear you.
Ms. La Villa: The management fees are fees that cover expenses for the
accountant, the bookkeeper, the clerk...
Commissioner Plummer: No, ma'am. They are listed as separate items.
Vice Mayor Alonso: Nilsa Velasquez...
Commissioner Plummer: CPA is miscellaneous...
Vice Mayor Alonso: Nilsa.
Commissioner Plummer: ...expenses,...
Vice Mayor Alonso: Maybe she can explain this.
Commissioner Plummer: According to this, the management fee is $66,851. I
ask again who is receiving the management fee?
Vice Mayor Alonso: People, you better put your act together. This is looking
quite bad. To tell you the truth.
Commissioner Plummer: Well, look. Let me tell you. We are talking...
Vice Mayor Alonso: You don't understand your own budget.
Commissioner Plummer: Madam Commissioner, we are talking about a budget of
$1,083,292 according to their books. I would like to know, for example,
$9,000 a year of telephones.
189 July 9, 1992
J� o
Mr. Velasquez: That's implementing new phone systems. That's not just phone
calls.
Commissioner Plummer: Sir, I'm talking about $9,000 for phones.
Mayor Suarez: Even a new phone system, if you begin with...
Commissioner Plummer: This is ridiculous...
Mayor Suarez: ... a basic two or three -line system, which is really all you
probably need,...
Commissioner Plummer: What kind of system?
Mayor Suarez: ... cannot possibly be $9,000 the first year. Not even...
Commissioner Plummer: I don't understand.
Mr. Velasquez: A Merlin system, I believe. It cost around four thousand.
Mayor Suarez: A what system?
Mr. Velasquez: A Merlin system, which is very...
Commissioner Plummer: I put in a Merlin system in my business...
Mayor Suarez: You know, it can be a marlin, or it can be any other fish,
you've got to do something a lot less expensive than $9,000.
Commissioner Plummer: I put in a Merlin system for about $3,100.
Mr. Dernis: Can we make one comment?
Commissioner Plummer: What is... Why would a day care center...
Mr. Dernis: Just one comment, and we can leave.
Commissioner Plummer: ... be showing out-of-town travel for $12,500? What
does it benefit the day care center...
Vice Mayor Alonso: They get funds from Tallahassee and Washington.
Commissioner Plummer: I don't know.
Ms. La Villa: Several things. Let me just clarify some points. From the
amount that you are telling me, I believe that, that budget is for the two
locations. The two sites. So it is a budget that has two sites. As far as
out-of-town travel, some of the programs, for example the Head Start program,
they sponsor several conferences, annual conferences, where they request that
parents attend, teachers attend and that's part of that travel funding. Three
times a year, we have... As a matter of fact, we have parents here that have
travelled, when they were parents in the Holy Cross Day Care Center program,
to the National Head Start Conference. There is an annual retreat. As far as
the telephone...
190 July 9, 1992
U.
11
Commissioner Plummer: Subscriptions and publications for $6,000? You know,
something's missing here.
Ms. La Villa: But let me...
Commissioner Plummer: This is supposed to be helping the poor people and I
don't see any of this money going to the people. I'm sorry.
Mayor Suarez: Not enough. Not enough.
Commissioner Plummer: Not enough! Mr. Mayor, I haven't figured it out, but
I'm going to here very quickly. Salaries are five fifty, social security is
another forty-two thousand, unemployment is another eight thousand, workmen's
comp is six thousand, health insurance is thirty-six thousand and this is just
for staff. That has not even started to address the children.
Mayor Suarez: Well, that is the principal part of a child care operation, is
staff.
Commissioner Plummer: OK. I understand that.
Ms. La Villa: And that is meeting the HRS (Health and Rehabilitative
Services) requirements and you are talking about two sites that house over 40
to 50 people working with those children.
Mayor Suarez: But those other things are really troublesome. I mean, dues
and subscriptions. How much did you say for periodicals and subscriptions?
Commissioner Plummer: Subscriptions and publications, $5,780.
Mayor Suarez: Just out of curiosity, what are you subscribing to?
Ms. La Villa: No,...
Commissioner Plummer: Wall...
Mayor Suarez: We'll give you the Herald for free. We'll give you our copy of
the Herald every day.
Commissioner Dawkins: But it's not the Herald.
Ms. La Villa: There are many...
Commissioner Dawkins: It's child care...
Ms. La Villa: Right. There are many...
Commissioner Dawkins: Hold it. Hold it. Hold it.
Ms. La Villa: ... educational materials that we subscribe to for the kids.
Commissioner Dawkins: It's child care needs...
191 July 9, 1992
Ms. La Villa: Right.
Mayor Suarez: Specialized...
Commissioner Dawkins: ... booklets and specialized training aids that they
get as periodicals. That's for the youngsters to grow in and it's high...
Mayor Suarez: It sounds like...
Commissioner Dawkins: ... but so is education.
Mayor Suarez: Yeah.
Commissioner Dawkins: Education isn't cheap.
Mayor Suarez: Well we presume... May we presume that, that is to meet all of
the State minimum requirements?
Ms. La Villa: Yes.
Mayor Suarez: You are not going...
Ms. La Villa: And...
Commissioner Plummer: Huh?
Mayor Suarez: ... beyond that.
Ms. La Villa: No.
Mayor Suarez: With phones, I can tell you. The State has no minimum
requirements and you have certainly have gone beyond what Plummer here, who is
the most frugal, not to say "TACANO" of the group, believes to be...
Ms. La Villa: Right. I understand. But to...
Vice Mayor Alonso: I think Nilsa...
Commissioner Plummer: Excuse me, Mr. Mayor.
Vice Mayor Alonso: She should come to the mike and respond...
Ms. La Villa: But the clarification...
Mayor Suarez: No, you are right.
Commissioner Plummer: Mr. Mayor, I can send my kid to the most sophisticated
school in Coconut Grove because this is coming out to a total of $4,333 a kid
on a yearly basis.
Mayor Suarez: We like to stick to the $3,000 per child figure.
Commissioner Plummer: They are $1,300 over.
192 July 9, 1992
Ms. La Villa: OK.
Commissioner Plummer:
fee?
E
I still want to know who gets $66,000 in a management
Mayor Suarez: What is that about?
Ms. La Villa: Let me deal with the other articles that you talked about
before.
Mayor Suarez: No. No. We just hit the...
Commissioner Plummer: Excuse me. Ma'am,...
Mayor Suarez: ... mother of all of them.
Commissioner Plummer: ... these are not accusations.
Ms. La Villa: No, I understand. But when you say forty-three hundred per
child,...
Commissioner Plummer: I am asking simple questions from your submittal, not
accusations.
Ms. La Villa: Sure. No, no.
Commissioner Plummer: I might make accusations later.
Ms. La Villa: But when you say forty-three hundred per child, please keep in
mind our educational system is now over five thousand five hundred per child.
Commissioner Plummer: Yeah, but this is day care. You are not educational.
Ms. La Villa: Well, yes, it is education, and that's part of the...
Mayor Suarez: Well, we have a standard here.
Vice Mayor Alonso: Believe me, that's no excuse.
Mayor Suarez: We've seen some very good ones run for less than thirty-five
hundred and we'd like to stick to that. Now, there's been some inflation and
all of that, but you were going to get the big ticket item here.
Ms. La Villa: OK.
Mayor Suarez: The mother of all the big items that we've got here. What
about that sixty -some thousand dollars for consultant or whatever? What is
that about?
Commissioner Plummer: Management fee. That's how it's listed.
Mayor Suarez: Management fee.
193 July 9, 1992
Ms. La Villa: Well, I guess when I told you that I was not the accountant or
the bookkeeper, you know, you knew right away. My recollection is that part
of those funds go to cover that. The salaries...
Mayor Suarez: To cover what?
Commissioner Plummer: Cover what?
Ms. La Villa: The expenses for office, maintenance...
Commissioner Plummer: No, those are all listed here. Because that's another
question I want to ask you.
Ms. La Villa: Right. But I don't know if it's all listed in total
percentages...
Commissioner Plummer: You are paying $72,000 in rent for the use of the
facilities. Correct?
Ms. La Villa: Of two facilities. Two facilities. Please bear that in mind.
Commissioner Plummer: I'm sorry?
Ms. La Villa: There's two facilities.
Commissioner Plummer: Two what?
Ms. La Villa: Two facilities.
Commissioner Plummer: OK. But you are paying $72,000 in rent. Correct?
Hello.
Ms. La Villa: Yes.
Commissioner Plummer: Yes. You are sure of that?
Ms. La Villa: I didn't see the budget, but if you are reading it...
Commissioner Plummer: No, because my next question is loaded.
Ms. La Villa: OK.
Commissioner Plummer: Why, if you are paying $72,000 in rent, are you paying
another thirteen thousand for maintenance? I never heard of such.
Ms. La Villa: Of maintenance of the facilities?
Commissioner Plummer: It says here maintenance of building.
Ms. La Villa: Well, all the things that deal with...
Commissioner Plummer: Usually it's included in the rent.
Ms. La Villa: Well, in these two facilities, no it isn't, sir.
194 July 9, 1992
Commissioner Plummer: I'm sorry?
Ms. La Villa: In these two facilities, most of the maintenance of the air
condition and so forth, is not part of the contract.
Commissioner Plummer: No, that's another three thousand. Maintenance of
equipment.
Ms. La Villa: Equipment is office equipment, equipment for the children...
Commissioner Plummer: No, there's another thing here for office equipment.
Capital office equipment.
Ms. La Villa: For maintenance...
Vice Mayor Alonso: Commissioner, obviously...
Ms. La Villa: Those...
Vice Mayor Alonso: ... she does not know that budget.
Ms. La Villa: Well, those...
Commissioner Plummer: Well, obviously...
Vice Mayor Alonso: I imagine one of you must know...
Commissioner Plummer: Well, obviously I think that we...
Ms. La Villa: I'm sorry?
Commissioner Plummer: ... should have answers before we go voting.
Vice Mayor Alonso: Oh, no definitely. But let's get the right person to
respond to the questions. She doesn't know. You can go out and go through
the entire budget, she just cannot respond.
Commissioner Plummer: May I ask is Mr. Al Ruder here? Mr. Manager. Mr.
Manager. I am concerned about their food cost. They are showing food cost
here, just the food alone, of $99,000.
Ms. La Villa: The food items are stipulated by the USDA (U.S. Department of
Agriculture).
Commissioner Plummer: Excuse me. May I inquire...
Mr. Odio: Do you remember... Let me ask you something.
Commissioner Plummer: ... as to what our sunnier program is, and what we are
paying? Because as I recall, we are paying $1.57 per kid.
Mr. Odio: The reason I asked you to fund them for 90 days...
195 July 9, 1992
Commissioner Plummer: So you can go into this?
Mr. Odio: So that we could go into that and then decide whether...
Commissioner Plummer: One problem.
Mr. Odio: Because you don't want to throw the kids out.
Commissioner Plummer: One problem. Mr. Manager, if I go along with that, and
I have a tendency to do such,...
Mr. Odio: Right.
Commissioner Plummer: ... what happens at the end of 90 days if we say no?
Mr. Odio: If you say no, then they have to find...
Commissioner Plummer: Then we are the bad guys.
Mr. Odio: Well, if you say no now, you are the bad guys. So what's the
difference?
Commissioner Plummer: No, because I think we can fund them now for 30 days.
OK?
Mr. Odio: For 30 days? Fine.
Commissioner Plummer: And put them on notice.
Mr. Odio: Fine.
Commissioner Plummer: That they've got to come back with answers.
Mr. Odio: Fine. Fine.
Commissioner Plummer: Mr. Ruder,...
Mr. Odio: As long as the kids are not thrown out, I've got no problem.
Commissioner Plummer: ... what do we pay, sir, on a daily basis for the food
program?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Well, excuse me. Would you get together with the
Manager because I am concerned here about $99,000 worth of food, the $10,000
worth of kitchen supplies. They got property liability...
Mr. Odio: J.L., we don't meet again until September...
Commissioner Plummer: Go into all of that. I don't want to take up the
Commission's time any more.
Mr. Odio: Listen, Commissioner, we don't meet again until September...
196 July 9, 1992
Mayor Suarez: OK.
Commissioner Plummer: Sir.
Vice Mayor Alonso: And I have some questions.
Mayor Suarez: Yes, the Vice Mayor has some questions. I think, counselor,
you wanted to make a quick statement.
Commissioner Plummer: Mr. Mayor, I'm sorry. I have to modify that, that we
fund them until the Commission meeting, whatever date that is in September.
Vice Mayor Alonso: Sixteenth.
Mayor Suarez: All right.
Commissioner Plummer: Whatever it is. We can't fund them for 30 days. They
would be out of money.
Mayor Suarez: Madam Vice Mayor, would you yield to counselor? He says that
if they make one statement, they can leave. I don't know what that means, but
you want to try it?
Mr. Dernis: A very short statement. I just wanted to clarify, in case the
question came up and we can leave. The factual situation is that although we
attempted to negotiate, we were not successful and the Holy Cross church did
lease to Kidco Child Care, Inc., and as of the end of that lease, we vacated
and Kidco Child Care, Inc. then took over the property. To my information -
and also all the children in there and they are temporarily in possession of
all our personal property, as well. We did that so that the children would
not be inconvenienced. There are letters out asking for transition
arrangements. But I've been informed by staff that there are only seven
children - at least when we last occupied the program - only seven children
that were supposed to be funded by the City money. Is that correct?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Dernis: Seven that are currently. So, I'm not arguing. I just want to
make sure that, if an inquiry is... We will be around. We may not be under
the name of Holy Cross Day Care Center, Inc., but we do have a location and if
we can then locate the funds, I am sure you will see us back again.
Commissioner Plummer: Well, I can assure you, sir, if you come in with a good
level of service program, for $3,500, this is one vote that's going to be
looking favorable. Because I think $4,300 for a so-called moderate to low
Income is a very high number. Now, Mr. Manager,...
Mr. Dernis: I would only...
Commissioner Plummer: ... 1 want to ask at this particular time, they are
asking us for $90,000 for round numbers. That's the total allocation for the
year. Correct? How many children am I going to be - is this Commission going
to be assured that are City residents?
197 July 9, 1992
Mr. Velasquez: All of them.
Commissioner Plummer: You are saying that all 250 kids will be City
residents.
Vice Mayor Alonso: All of them.
Commissioner Plummer: OK. I just want it on the record. All 250 children in
that care, in Kidco, will have a City of Miami address.
Mr. Velasquez: Yes.
Commissioner Plummer: Thank you.
Mr. Dernis: I do have one other comment. Simply that you may be asking the
wrong person. If you ask Nilsa Velasquez, who may have prepared that, you
might get some better information as to the administration.
Commissioner Plummer: Sir, I'm asking this gentleman, who supposedly is the
head of it, if I go up there and I find that there are children there that are
not City of Miami, then I'm going to come back and pull their funding.
Mayor Suarez: OK. Is Nilsa related to you?
Mr. Velasquez: She's my wife.
Vice Mayor Alonso: Yes.
Mayor Suarez: She's your wife. All right. Well, we got that squared away.
Now, Vice Mayor Alonso you wanted to inquire. Nilsa is in the back of the
room ready to answer questions, right? Obviously.
Vice Mayor Alonso: Nilsa, why don't you come to mike?
Mayor Suarez: You might be a little less shy, Nilsa. You usually aren't too
shy.
Vice Mayor Alonso: Now we are talking, we are talking to the right person.
Nilsa, what about this budget?
Mrs. Nilsa Velasquez: OK. This budget is the budget that it was going to be
Holy Cross Day Care Center budget, except for the additional site of Kidco I
in 221 N.E. 36th Street, which was added to the budget. Because it's only one
organization with two sites. So that budget for part of the budget, it was
going to be exactly the same budget that the Holy Cross Day Care Center was
going to have.
Vice Mayor Alonso: How do you use the sixty...
Commissioner Plummer: Can you answer my...
Vice Mayor Alonso: Yeah, the question Commissioner Plummer has been asking.
198 July 9, 1992
Commissioner Plummer: Can you answer that for me?
Mrs. Velasquez: OK. The management fees is used for several things.
Management fees are used for emergency funding, they are used for special
projects, they are used for many things. Part of the executive director's
salary comes out of that because it's a management. Part of the accountant's
salary will come out of that.
Commissioner Plummer: But he said he was not taking any money from that.
Mr. Velasquez: That's right. I'm not.
Mrs. Velasquez: Right now, he is not.
Vice Mayor Alonso: Because he is not the person involved.
Mrs. Velasquez: Because there is a lack of funding right now and the budget
cannot completely be fulfilled if we don't get the City of Miami funding.
Vice Mayor Alonso: OK. Frank, when you examined this item, you went over the
budget, did you not?
Mr. Castaneda: Commissioners, at this time...
Commissioner Plummer: You better not answer affirmatively.
Mr. Castaneda: ... I have not gone over the budget. Let me explain what has
gone on. The Holy Cross firm has dismissed staff as of June 30th. So, in
effect on July ist, Kidco had the lease, and basically, has its staff of
volunteers...
Commissioner Dawkins: Just wait. Hold it. Hold it. Kidco went in and
signed a lease agreement from under the other group.
Mr. Castaneda: That is correct.
Commissioner Dawkins: All right. But don't stand up there and say that these
people walked off and left it. OK. They went in and signed...
Vice Mayor Alonso: They lost the lease.
Commissioner Dawkins: ...a lease and after they signed the lease, as the
lessee they told these people, you have to move. OK.
Mr. Castaneda: Right. And on June 30th staff at Holy Cross was basically
either terminated or resigned and basically are voluntarily working for Kidco,
as 1 understand it. They are operating the program as Holy Cross since they
have the site staff and the kids. I think what the Manager is saying, based
on those three issue, I think that we should see whether we can work an
arrangement, and that period should be a 90 day period.
Vice Mayor Alonso: OK. Two things. We will have to see a different... A
new budget. No question about that.
199 July 9, 1992
Mr. Castaneda: Right.
Vice Mayor Alonso: A new budget. One that they prepare for their needs.
Mr. Castaneda: Of course.
Vice Mayor Alonso: And the second question. And it goes to Nilsa. Nilsa,
are the kids residents of the City of Miami?
Ms. Nilsa Velasquez: About ninety-five percent of the children are residents
of the City of Miami from both programs.
Mayor Suarez: You know the policy we usual have is not that they must be a
hundred percent, but that you must offer them, I believe, first...
Ms. Velasquez: Seventy-five.
Mayor Suarez: ...to City of Miami residents.
Ms. Velasquez: Seventy-five percent can be...
Commissioner Plummer: They have the first right of refusal.
Mayor Suarez: They have like a right of first refusal.
Ms. Velasquez: And we, right now, have more than that.
Mayor Suarez: All right.
Ms. Velasquez: OK.
Mayor Suarez: Let's a... Any further discussion, Commissioners?
Commissioner Plummer: Mr. Mayor. My understanding is that we are going to
fund this program until September the loth,...
Mayor Suarez: You move that?
Commissioner Plummer: ...and for that I am willing to offer, and that the
child care must sit down with the Administration and proffer any and all
documents requested, and that the Manager will come back and make a
recommendation further to this Commission, prior to September the loth of our
next meeting.
Commissioner Dawkins: I will be voting against the motion. As I said before,
this is a power play out there in Wynwood, you have already destroyed a good
working relationship with the senior citizens, and now you are coming back and
allowing the daycare center to be destroyed. What are you going to destroy in
Wynwood next with this power play, and therefore...
Mr. Velazquez: This is... This is unity...
Mayor Suarez: No, no, no, no. We have heard from you guys. Now we are
discussing it, please.
200 July 9, 1992
Commissioner Dawkins: No. This is nothing new. I told you this before. OK.
So don't think I... I mean... And if you want to go back outside, I'll go
outside and discuss 1t with you. OK? Now, so therefore, I just want you to
know why I will be voting against the motion.
Mayor Suarez: All right. By the way, do we have a second on that motion?
Ms. Matty Hirai: No.
Vice Mayor Alonso: Yes, I second.
Mayor Suarez: Seconded by the Vice Mayor to fund for 90 days, I believe it
is, Frank.
Commissioner Plummer: No, sir. September the loth.
Mayor Suarez: Until September loth, the Kidco program, subject to all of the
verifications that we mentioned, that we put into the record. Let me add that
the a...
Commissioner Plummer: Mr. Mayor. I would like to further add to that motion.
That if, in fact, the Administration, in their recommendation is going to
recommend that we not further fund, that they put Kidco on notice, at least,
by September the 1st.
Mayor Suarez: Try and do it, yeah, by the end of August.
Commissioner Plummer: So they are not left in the lurch.
Mayor Suarez: Let me put into the record that we, the Wynwood Advisory Board,
support the efforts of Kidco Child -Care, Inc., et cetera. This letter in
support, I believe, of your organization signed by one, two, three, four,
five, six members of the Wynwood Advisory Board, presumably, although I can't
verify the signatures. That goes in the record. Any further discussion?
Ma'am, I wouldn't recommend it. You seem to be supporting the motion. The
motion seems to be ready to prevail.
Ms. Julia Muldowney: Excuse me, Mayor. I am a parent, OK. And I am a single
parent, I go to school, and we need this daycare funding.
Mayor Suarez: All right, but you are...
Vice Mayor Alonso: That is what we are doing.
Mayor Suarez: ...about to win, so, you don't want to delay that.
Commissioner Plummer: You are about to...
Vice Mayor Alonso: That is exactly what we are doing.
Commissioner Dawkins: Wait a minute. No, no, no. Let me say something.
Nobody up here is saying do not provide...
201 July 9, 1992
Mayor Suarez: Right. Exactly.
Commissioner Dawkins: ...the day-care center, I mean day-care services. What
we are saying up here is that the service to the youngsters must meet a
criteria, and that we are not going to let the children be put in the middle
of a power struggle in the community. Now, that is what I am saying.
Mayor Suarez: All right.
Ms. Muldowney: Well, I totally agree with you on that point.
Commissioner Dawkins: OK. That is all...
Mayor Suarez: Al right. Since you agree with that, why don't you do one
more thing, and put your name and address on the record, so they don't have to
be chasing after you to straighten up the transcript.
Ms. Julia Muldowney: My name is Julia Muldowney. The address is 755 N.W.
34th Street,...
Mayor Suarez: Very good.
Ms. Muldowney: ...and I am a City of Miami resident.
Mayor Suarez: Very good.
Vice Mayor Alonso: Good for you.
Mayor Suarez: Call the roll.
202 July 9, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-431
A RESOLUTION RESCINDING RESOLUTION NO. 92-393, ADOPTED
JUNE 11, 1992, IN ITS ENTIRELY, WHICH ALLOCATED FUNDS
TO THE HOLY CROSS DAY CARE CENTER, INC. ("HOLY CROSS")
TO OPERATE A CHILD CARE PROJECT ("PROJECT") IN THE
WYNWOOD TARGET AREA ("WYNWOOD") FOR THE PERIOD OF JULY
1, 1992 THROUGH JULY 31, 1992; ALLOCATING $17,747 OF
THE EIGHTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10955,
ADOPTED APRIL 2, 1992,- TO KIDCO CHILD CARE, INC.
("KIDCO"), TO PROVIDE A PROJECT IN WYNWOOD FOR THE
PERIOD OF JULY 1, 1992 THROUGH SEPTEMBER 10, 1992;
DIRECTING REPRESENTATIVES OF KIDCO TO MEET WITH AND
FURNISH TO THE CITY ADMINISTRATION ALL NECESSARY
DOCUMENTATION PERTAINING TO THE PROJECT; DIRECTING THE
CITY MANAGER TO MAKE A RECOMMENDATION TO THE CITY
COMMISSION CONCERNING FURTHER FUNDING TO KIDCO PRIOR
TO THE SEPTEMBER 10, 1992 CITY COMMISSION MEETING; AND
FURTHER DIRECTING THE CITY MANAGER TO NOTIFY KIDCO BY
SEPTEMBER 1, 1992 CONCERNING CONTINUED FUNDING THROUGH
JUNE 30, 1993.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Alonso: I vote yes, and I agree in the comment that Commissioner
Dawkins made. It has been a political battle, and I hope it stops and people
get together and start working for the betterment of that area, because it is
very sad. All of the... Both programs were working very well before, and for
some reason they started to fight, and this is the sad end that we see today.
For the sake of the children, yes, I vote yes.
Mayor Suarez: Thank you.
Commissioner Dawkins: For reasons previously stated I vote no.
y F
' 203 July 9, 1992
COMMENTS MADE AFTER THE ROLL CALL:
Mayor Suarez: Yes, Mr. Castaneda, sir.
Mr. Castaneda: Yes. Commissioner...
Mayor Suarez: I hope this has to be put in the record, whatever it is,...
Mr. Castaneda: Yes, Commissioners, to...
Mayor Suarez: ...and it is not something you can work out administratively.
Mr. Castaneda: ...clarify the issue, we had allocated one twelfth funding to
Holy Cross Day -Care for the period of July, as I mentioned to your staff...
Commissioner Plummer: How much do you need?
Mr. Castaneda: No. Staff was let go on June 30th. I don't believe that they
need any money at all because they did not incur any expenditures. I would
like to rescind that resolution unless council has an objection.
Mr. Dernis: Only so far as some of that money may have been for
reimbursement. If it was reimbursement of prior expenses, then we should,...
Mayor Suarez: OK. Why don't you give us that in a...
Vice Mayor Alonso: That has to be worked with... among them, Yes.
Mayor Suarez: Yeah. Give us that in a consent agenda.
Mr. Dernis: ...but if it is for future services, he is right.
Commissioner Plummer: Pay them.
Mayor Suarez: And we appreciate the courtesies that you have extended in the
transition, counsellor, as to both matters, and otherwise the way you have
conducted yourself. All right. We have a consent agenda.
Commissioner Dawkins: I have three pocket item, please.
Mayor Suarez: You are finished, Kidco. You can go home. Do a good job.
(APPLAUSE)
Mayor Suarez: All right. Commissioner Dawkins.
204 July 9, 1992
11. ALLOCATE $25,000 FOR PROFESSIONAL SERVICES TO RETAIN NORA SWAN FOR
PLANNING AND PROMOTION OF FILM / TELEVISION / RECORDING INDUSTRIES IN
THE CITY OF MIAMI
Commissioner Dawkins: Mr. Mayor, you know we have Nora Swan,...
Mayor Suarez: Yes.
Commissioner Dawkins: ...who gets paid twenty-five thousand dollars a year.
Every time you look, she is bringing some film festival in. I move that she
be funded for twenty-five thousand dollars again this year.
Commissioner Plummer: What a waste of money.
Commissioner Dawkins: For next year.
Mayor Suarez: What budget is that included in?
Vice Mayor Alonso: None when it is coming to us.
Mr. Cesar Odio (City Manager): I didn't include it in any budget because we
didn't have the money for that.
Mayor Suarez: And we are talking about next fiscal year.
Commissioner Dawkins: Yes, sir.
Commissioner Plummer: It used to be in my budget of ITB (International Trade
Board), but we have been cut and we could no longer afford it.
Vice Mayor Alonso: So this...
Commissioner Dawkins: You know it is amazing...
Vice Mayor Alonso: ...is a move that a... To include it in the next budget?
Commissioner Plummer: Yeah.
Commissioner Dawkins: It is amazing how the City of Miami jumped out front to
take all of the praises when Nora Swan brought the film festival here.
Vice Mayor Alonso: Yeah.
Commissioner Dawkins: It is amazing how you jumped out front when they got
all the letters saying that this was the first time that black film makers
were made to feel at home, and a part of everything, and you are going to tell
me, that in this budget, there is no way to find twenty-five thousand dollars
to fund a program that some people may not like.
205 July 9, 1992
Mayor Suarez: Take it this way, if you would. Have it as a recommendation to
be included in the budget...
Commissioner Dawkins: No. I'll do better than that.
Vice Mayor Alonso: Yeah. No. That is exactly what we are doing.
Commissioner Dawkins: How about... What is my budget for next year?
Ms. Nora Swan: Pardon me.
Mayor Suarez: No, no, no. It is not directed to you, Nora.
Commissioner Dawkins: What is my budget for next year, somebody?
Mayor Suarez: It is not directed to you.
Mr. Odio: The same as this year.
Mayor Suarez: She is so sweet with the hat.
Commissioner Dawkins: What is this year?
Vice Mayor Alonso: One hundred and seventy thousand.
Mr. Odio: Hundred and seventy thousand, something like that. I don't
remember.
Commissioner Dawkins: OK. All right.
Commissioner Plummer: For what?
Vice Mayor Alonso: The budget.
Commissioner Dawkins: I am going to fund it for twelve thousand five hundred
dollars out of my budget. Because, you see, it does not make sense...
Mayor Suarez: You don't have to do that.
Commissioner Dawkins: Well, I have to. The Manager is sitting over there
telling me he ain't got no money.
Mayor Suarez: No. But, but he is formulating the budget now. We have the
September hearing...
Vice Mayor Alonso: Yeah.
Mayor Suarez: ...and you are indicating, as a high priority of this
Commission, to include the twenty-five thousand dollars for the film
coordinator.
Commissioner De Yurre: Mr. Mayor. Let me make this motion. I would move
that for the... our next budget that the ITB Board's Budget be increased by
twenty-five thousand dollars.
206 July 9, 1992
Commissioner Dawkins: Second.
Mayor Suarez: So moved and seconded with the anticipation that it would be
for the film coordinator's compensation. So moved and seconded. Any
discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Be Yurre, who
moved its adoption:
RESOLUTION NO. 92-432
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH NORA SWAN, AN INDIVIDUAL, IN AN AMOUNT
NOT TO EXCEED $20,000 FOR PROFESSIONAL SERVICES, PLUS
OUT-OF-POCKET EXPENSES NOT TO EXCEED $5,000, RELATED
TO THE PLANNING AND IMPLEMENTATION OF PROMOTIONAL
ACTIVITIES FOR THE ENHANCEMENT OF FILM, TELEVISION AND
RECORDING INDUSTRIES IN THE CITY OF MIAMI, FOR A ONE
YEAR PERIOD COMMENCING SEPTEMBER 10 1992, FURTHER
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF
DEVELOPMENT 1991-92 FISCAL YEAR BUDGET.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor Be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Nora, I am voting for it, but I can tell you, and I'll tell the
Manager and my colleagues, we are going to do a lot of prioritizing so for me
it is a matter of a motion of purpose, and if something comes up that is more
important, I am going to have to vote against.
Commissioner Dawkins: And I have no problem telling you, have no fear, you
will get it, if it has to come out of my budget.
Mayor Suarez: Very Good.
Commissioner Plummer: Mr. Manager,..,
Commissioner Dawkins: All right. No problem.
207 July 9, 1992
Commissioner Plummer: ...and to the Mayor,...
Mayor Suarez: But we don't want you to have to do that.
Commissioner Plummer: ...and to my colleagues...
Commissioner Dawkins: That is what I will have to do, I mean...
Commissioner Plummer: ...I want all of you to know...
Commissioner Dawkins: You know. You all find money for every damn thing you
all want up here.
Commissioner Plummer: ...that ITB has a policy. We have a policy, sir,...
Commissioner Dawkins: I don't care what it is.
Commissioner Plummer: ...we do not pay a total amount of money. They
surrender bills, and we pay bills.
12. BRIEFLY DISCUSS AND DEFER (TO JULY 16TH MEETING) CONSIDERATION OF
PROPOSED APPOINTMENTS / REAPPOINTMENTS TO MIAMI SPORTS AND EXHIBITION
AUTHORITY.
------------------------------------------------------------------------------
Commissioner Dawkins: OK. Second pocket item. It is time to make the
appointments to the Sports Authority,...
Commissioner Plummer: Oh yeah. I saw that somewhere.
Commissioner Dawkins: ...and I gave you a list, if anyone wishes to change
anybody I wish you would say so now. If not...
Mayor Suarez: Yeah. I have got my appointments.
Commissioner Dawkins: ...we will reappoint the same people.
Mayor Suarez: I want to hold off.
Vice Mayor Alonso: Me to.
Commissioner Dawkins: You want to hold off?
Mayor Suarez: ...on one of mine, and appoint two new ones.
Commissioner Plummer: I just got...
Commissioner Dawkins: All right. Which one are you reappointing, Mr. Mayor?
Commissioner Plummer: I got this this morning. I would like to hold off and
go over it.
208 July 9, 1992
Vice Mayor Alonso: Yeah. We can do it July 16th.
Commissioner Plummer: Because I don't even know if my people want...
Vice Mayor Alonso: Next Commission Meeting.
Mayor Suarez: Yes.
Commissioner Plummer: ...to be reappointed. I haven't talked to them.
Commissioner Dawkins: OK. All right. So... All right. Everybody wants to
hold off.
Mayor Suarez: OK. We are going to take the vote on the new appointments on
the second meeting in July.
------------------------------------------------------------------------------
13. DISCUSSION CONCERNING PROPOSED CITY RESIDENCY REQUIREMENT -- DEFER TO
NEXT MEETING
Commissioner Dawkins: OK. My next one is to the Manager. I think that this
Commission made a policy decision that all new hirees must reside within the
City of Miami. That was a directive from this Commission, I think. Now, I
have a registered announcement of a job for Public Service Aide, and it says,
restricted to any Dade County resident who meets the requirements listed
below. Now I would like to know why the Manager allowed this to go out to
Dade County residents when we specifically said that you got to live in the
City of Miami to work in the City of Miami.
Mr. Cesar Odio (City Manager): There is not a policy from this Commission. I
have never remembered... but I have look in the records, of three votes saying
that that is a policy. The PSA policy has been established by this Commission
the same as as hiring the police officers, and it was Dade County wide, and we
followed that policy that has been established that we go out and hire PSAs,
and police officers Dade County wide.
Commissioner Dawkins: OK. I will do my damndest to hold up the budget for
the Police Department. Just like J. L. says, and I am going to vote with him,
and I think he is going to vote with me. There will be no money in the budget
for any PSA who does not reside in the City of Miami.
Commissioner Plummer: Are you going to limit it to just PSA?
Commissioner Dawkins: No. The whole Police Department. I couldn't care
less.
Commissioner Plummer: Or the whole City?
Commissioner Dawkins: It does not... OK.
209 July 9, 1992
Commissioner Plummer: I think your problem...
Commissioner Dawkins: We already... J. L. wait a minute.
Commissioner Plummer: No. I am asking the question just so I know.
Commissioner Dawkins: No. Let me answer... Let me answer your question with
a question.
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: Wasn't that the policy established by this Commission?
Vice Mayor Alonso: New. New hires...
Commissioner Plummer: Mr. Dawkins, at one time, there was a policy which
we...
Commissioner Dawkins: No, no. I mean in the last... In the last year.
Haven't we said that we want people...
Commissioner Plummer: I don't recall it, sir.
Commissioner Dawkins: That we want people to live in the City of Miami. We
have not said that?
Commissioner Plummer: No, sir. Back when we were trying to comply with the
Justice Department's consent decree, we did limit it to that because it was
estimated we would get more. I do not recall that we were going to limit
hiring to the City. Now, you want to make such a motion, that is a different
story. I don't think that the Manager is under that mandate at the present
time.
Commissioner Dawkins: OK.
Mr. Al Cotera: Mr. Manager.
Commissioner Dawkins: Well, I am going to say this. Everybody in the City of
Miami needs to know that less... Of the total workforce in the City of Miami,
Mr. Manager, how many of them reside in the City of Miami?
Commissioner Plummer: Less than forty percent.
Mr. Odio: The last number I saw...
Commissioner Dawkins: Thank you. Wait a minute. That is all right. I got
it from the Manager. That is all right. Say it again, Mr. Manager.
Mr. Odio: Forty percent.
Commissioner Plummer: Less than forty percent.
Commissioner Dawkins: Less than forty percent. How much less than forty?
210 July 9, 1992
Commissioner Plummer: Well, I can only speak to the average, but in the
Police Department you would be...
Commissioner Dawkins: No, no, no. I want the total workforce.
Commissioner Plummer: My understanding is...
Commissioner Dawkins: I am not picking on anybody.
Commissioner Plummer: My understanding is, sir, less than forty percent.
Commissioner Dawkins: All right. So sixty percent... And what it the total
budget for the City of Miami?
Mr. Odio: The total budget in people?
Commissioner Dawkins: Yeah. No. The total budget of money.
Mr. Odio: It is two hundred and forty-five million.
Commissioner Dawkins: Two hundred and forty-five million.
Mr. Odio: Including...
Commissioner Dawkins: Of the two hundred and forty-five million...
Mr. Odio: The total budget.
Commissioner Dawkins: Of the two hundred and forty-five million, how many
millions is in personnel?
Mr. Odio: Seventy-five percent.
Commissioner Dawkins: Seventy-five percent. Seventy-five percent of the
taxes paid by the citizens of the City of Miami goes to pay people who do not
live in the City of Miami, who do not contribute to the tax base within the
City of Miami, who pay no sales tax to the City of Miami, who doesn't do
anything in the City of Miami. Yet, you say... I mean I am sorry. Not you
Mr. Manager. I apologize. The paper says sales tax is going to be down...
Mr. Odio: That is right.
Commissioner Dawkins: ...because Southeast went out of business, because
Eastern went out of business, because Pan Am went out of business. A lot of
peopl a are not payi ng taxes who 1 i ved i n the Ci ty of Mi ami . So, therefore,
the ad valorem taxes...
Mr. Odio: Correct.
Commissioner Dawkins: ...are going to be down, but, yet, nobody is saying
that there is no money coming from nobody but the citizens in the City of
Miami, and nobody 1n the City of Miami can work to earn this money, all we are
saying is, come to work in the City of Miami, take your money and run, and me
who live in the City of Miami, I got to pick up the tab. Now I think it is
wrong.
211 July 9, 1992
11
Mr. Odio: Right.
Commissioner Dawkins: OK. But nobody else seems to think that but me.
Mr. Odio: We are negotiating as you instructed...
Commissioner Dawkins: No, no, no. Mr. Manager, I am not... This has nothing
to do with you.
Mr. Odio: OK.
Commissioner Dawkins: OK. This is us. OK.
Mr. Odio: OK.
Commissioner Dawkins: This Commission here is supposed to make some policy.
All right. And I know you have labor agreements and all of that, but if there
is no damn taxes coming in to pay nobody there will be no jobs. So you all
can sit up here now, and all these people who live out of here, and come into
the City to work, if there is no tax dollars you are going to have to lay
somebody off, and they will have to go and work where they live.
Mayor Suarez: And I believe, Mr. Manager, that one other resolution that we
passed, that is relevant to all of that, is that as of the resolution, and as
soon as you are able to implement it, no one who doesn't live in the City, and
doesn't have any exigent reason for having a City car, should be allowed to
take a City car outside the City limits to their residence. That was supposed
to be implemented like today, yesterday, the day we passed the resolution. I
sure hope you are moving with all deliberate speed towards that goal. Because
that...
City Attorney Jones: Mr. Mayor...
Mayor Suarez: ...includes mostly discretionary employees who are not covered
by union contracts, and that...
City Attorney Jones: You never...
Mayor Suarez: ...was something very clear.
City Attorney Jones: Mr. Mayor, you...
Commissioner Dawkins: Every...
City Attorney Jones: Commission never passed...
Commissioner Dawkins: ...captain, every major, every assistant chief, and
every chief that does not live in the City of Miami, they get a free car.
That free car adds... They don't buy no insurance. They don't buy any gas.
They don't have to buy any tires.
Mayor Suarez: They have liability outside the City.
212 July 9, 1992
Commissioner Dawkins: ...auto insurance, liability insurance. All of that is
paid by the citizens of the City of Miami for him to live outside of the City
of Miami. Drive my care to work. I pay for liability insurance. I buy gas,
and he goes home and parks my car in front of his house, and his neighbors
feel safe because the police car is in front of their house, and they are
breaking into mine every day.
(APPLAUSE)
City Attorney Jones: Mr. Mayor, what I was...
Mayor Suarez: Yes, Mr. City Attorney.
City Attorney Jones: Mr. Mayor, what I was about to tell you is that while
the Commission has expressed... various Commissioners have expressed this
desire from time to time, you have never formally taken a... voted on a
resolution as an expression of your policy.
Mayor Suarez: Would anybody like to propose a resolution that we not approve
any allocations in the new budget year for any automobiles or other
transportation allowances... I guess, really, automobiles is what worries
me... for any employees that live outside of the City of Miami.
Commissioner Dawkins: So moved.
Mayor Suarez: So moved.
Commissioner Plummer: Excuse me.
Mayor Suarez: Yes.
Commissioner Plummer: That has always been the case. Excuse me. That was
the case. It was proposed by Mr. Corollo. There were 50 cars to be
allocated. There was the...
Mayor Suarez: Not police patrol cars.
Commissioner Plummer: Are we talking about take home police cars?
Mayor Suarez: We are talking about...
Mr. Odio: So you are not talking about that.
Mayor Suarez: ...other employees, Mr. Plummer, please.
Commissioner Dawkins: I am talking about the people who...
Commissioner Plummer: All right. Excuse me.
Commissioner Dawkins: The Assistant Chief of Police...
Commissioner Plummer: Then let me ask this question...
Commissioner Dawkins: The Majors...
213 July 9, 1992
a� •
Commissioner Plummer: ...if I may.
Mayor Suarez: No one who is a City employee...
Commissioner Plummer: Are these people subject to 24 hour call? If they are,
in my estimation,...
Mayor Suarez: Right.
Commissioner Plummer: ...we should provide them with a car.
Commissioner Dawkins: Who is... Well... All right.
Commissioner Plummer: If they are not subject to 24 hour call...
Mayor Suarez: You can vote against it but for myself...
Commissioner Plummer: Well I am asking how is the...
Mayor Suarez: ...I agree with Commissioner Dawkins.
Vice Mayor Alonso: I do to. But I think, perhaps, we should put this as an
item for discussion.
Mayor Suarez: Yes.
Vice Mayor Alonso: I believe that the unions are going through
negotiations...
Mayor Suarez: Most of these people are not covered by unions, though.
Vice Mayor Alonso: ...at the present time.
Commissioner Plummer: No. This is...
Vice Mayor Alonso: No, no, no. What I am talking about...
Commissioner Dawkins: I have said every union man...
Vice Mayor Alonso: ...residency and all of this goes together.
Commissioner Plummer: It is all management.
Commissioner Dawkins: ...ought to have a car to go home.
Mayor Suarez: Oh, yes.
Commissioner Dawkins: I have said that.
Vice Mayor Alonso: Goes together with the territory.
Commissioner Dawkins: I ain't worried about that.
214 July 9, 1992
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ti
1.1
Vice Mayor Alonso: Can we go into a regular discussion of this..
Mayor Suarez: Yes. But if you want to pass it...
Vice Mayor Alonso: ...item. I think it would be appropriate...
Mayor Suarez: ...as a motion of principle, I said I was inclined...
Vice Mayor Alonso: ...if we will give them an opportunity.
Mayor Suarez: ...to second it.
Vice Mayor Alonso: I agree that new people...
Commissioner Dawkins: I'll move that. I moved it.
Vice Mayor Alonso: ...should live in the City of Miami.
Mayor Suarez: Well, I second it. And if I understand the motion...
Commissioner Plummer: All right. Let me ask...
Mayor Suarez: ...it is that for the next budget do not include any
allocations of any funds for any automobiles driven by...
Commissioner Dawkins: Leave the City of Miami.
Mayor Suarez: Any an City employees who don't live in the City of Miami to
take home their automobiles.
Vice Mayor Alonso: OK. Cars only you are talking about.
Mayor Suarez: I don't care if they are 24 hours or 25 hours a day.
Commissioner Dawkins: Or 30 hours.
Mayor Suarez: They can move into the City if they are on 24 hour a day call.
I second it.
Vice Mayor Alonso: OK. Any...
Mr. Odio: Let me ask. Can I ask a question? We have inspectors that do live
outside the City...
Mayor Suarez: I am particularly excited about it applying to them.
Mr. Odio: Can I... Can I...
Commissioner Plummer: They don't work after hours. They don't... Well I
better not say that.
Mr. Odio: They come... Let me... Before... Before they had cars to go home
with, they had to come into the central location, punch in, and go out, and
they were working four hours a day out in the field.
215 July 9, 1992
U
Commissioner Dawkins: They leave home one hour earlier and they get home one
hour later.
Mayor Suarez: As far as I am concerned they have to work eight hours in the
City of Miami from the...
Mr. Odio: They do.
Mayor Suarez: ...moment that they arrive at their automobile that the City
supposedly provides them.
Mr. Odio: They do. They come in and they...
Commissioner Plummer: Well, what are you going to do with the horses?
Commissioner Dawkins: Huh?
Commissioner Plummer: What are you going to do with the horses?
Mayor Suarez: We will give you the horses.
Vice Mayor Alonso: We take it over...
Commissioner Plummer: They go out there to the stable at seven o'clock in the
morning when they punch that clock and they are not on the road and on place
until ten.
Commissioner Dawkins: Well, abolish the mounted police.
Commissioner Plumper: Hum... Hey. You know. You want to be consistent.
Commissioner Dawkins: Well, abolish the mounted police.
_y
Commissioner Plummer: Take home a horse.
Commissioner Dawkins: Call the roll, madam.
Vice Mayor Alonso: OK.
Mr. Cotera: Excuse me.
Vice Mayor Alonso: OK. Roll call, please.
Commissioner Plummer: This is a motion of intent and principle. Is that
correct?
Commissioner Dawkins: No.
Vice Alonso: Next...
= Commissioner Dawkins: This is a motion that in the next budget, it is no
intention, it is a fact, that there will be no money placed in that budget for
anybody to take a car outside of the City of Miami,...
216 July 9, 1992
Commissioner Plummer: Question.
Commissioner Dawkins: ...home.
Commissioner Plummer: Question.
Vice Mayor Alonso: OK.
Commissioner Plummer: K-9. You going to take care of his dog, while he goes
home?
Commissioner Dawkins: No. We can put it...
Commissioner Plummer: Who is going to take of that big bad dog?
Commissioner Dawkins: We are going to put all the dogs in J. L. Plummer's
garage...
Commissioner Plummer: The hell you say.
Commissioner Dawkins: ...and pay somebody to take... Or his funeral home, it
does not matter.
Commissioner Plummer: What are you doing about canine?
Mayor Suarez: I assure you...
Commissioner Dawkins: We are going to put them in your garage or your funeral
home.
Mayor Suarez: I am sure you and the Manager, seriously. I am sure that can
be worked out.
Commissioner Plummer: That is right,...
Mayor Suarez: That cannot be the single...
Commissioner Plummer: ...but you are going to come there and feed them and
clean the garage. Now what are you doing about canine? I am asking a simple
question.
Mayor Suarez: I am sure...
Commissioner Dawkins: I do not know, but at the budget hearing I'll be able
to tell you, after I have talked with the union rep.
Commissioner Plummer: You are not going to let the canine take their cars
home with the dog?
Commissioner Dawkins: The What?
Commissioner Plummer: You are not?
217 July 9, 1992
0
Commissioner Dawkins: Say what? I don't know,...
Mayor Suarez: If we have a lot of cases like that, we will provide cars for
it.
Commissioner Dawkins: ...and I am not going to let you confuse the issue by
asking sometime irrelevant.
Vice Mayor Alonso: We can make exceptions.
Commissioner Dawkins: OK.
Mayor Suarez: Yeah.
Commissioner Plummer: I am asking what are you doing with...
Commissioner Dawkins: I am not going to let... I am not going to let you
confuse the issue by asking something that is irrelevant.
Vice Mayor Alonso: We can make exceptions.
Commissioner Plummer: Well let's do it now.
Commissioner Dawkins: All right. Well when...
Vice Mayor Alonso: We are not even prepared to address it.
Commissioner Dawkins: ...time comes for the budget hearing we can go through
that.
Commissioner Plummer: I offer a substitute motion
Commissioner Dawkins: It is dead. Call the roll.
Commissioner Plummer: The hell you say. It is not dead. The substitute
motion is excluding canine patrol. Any other, that I can't think of right off
the bat?
Mr. Cotera: Well, you know, it is funny...
Commissioner Dawkins: He is not going to get a second. You don't have to
tell him that.
Mr. Cotera: Wait. No. It is funny that you... Earlier this morning you are
requesting the NROs (neighborhood resource officers) to be available to
peoples phone calls, and available...
Commissioner Plummer: But they live in the City, Al, don't they?
Mr. Cotera: ...24 hours a day. No they do not. Some of them do, some of
them don't.
Commissioner Plummer: What good is it for them to have a beeper, and call
them, if they live in Broward County?
218 July 9, 1992
Mr. Cotera: No. They don't live in Broward County, necessarily. I don't
know where they particularly live, but, again, you want them to be available
24 hours a day.
Commissioner Plummer: Well at this point...
Mr. Cotera: I am mean you know...
Commissioner Plummer: ...my substitute motion is to exclude canine.
Vice Mayor Alonso: Do you accept the amendment?
Mayor Suarez: Yes, yes. I'll exclude canines.
Vice Mayor Alonso: OK. So, if no further questions...
Commissioner Plummer: Because you were getting half of the dogs.
Mayor Suarez: But I like the idea of putting them in your garage too, as
Commissioner Dawkins suggested.
Commissioner Plummer: As long as Dawkins comes and feeds them and cleans out
the floor, I don't care.
Vice Mayor Alonso: We can get them in the funeral home, if he moves back into
Miami.
Commissioner Dawkins: Call the question.
Mayor Suarez: We are not at that point yet, Duke.
Vice Mayor Alonso: We already did. Roll call, please.
Commissioner Dawkins: Call the question.
THEREUPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY MAYOR
SUAREZ THE HEREINABOVE MOTION FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Are we voting on the substitute or on the motion?
Vice Mayor Alonso: On the sub...
219 July 9, 1992
Commissioner Dawkins: On the substitute motion.
Ms. Hirai: The substitute was an amendment made to the main motion which was
accepted.
Commissioner Dawkins: No. The amendment.
Vice Mayor Alonso: Amendment.
Commissioner Plummer: So we are voting on the main motion.
Ms. Hirai: The main motion. The main motion containing...
Vice Mayor Alonso: Accepted, it was accepted.
Ms. Hirai: Yes.
Commissioner Plummer: To the main motion.
Ms. Hirai: Yes.
Commissioner Plummer: I vote no.
Vice Mayor Alonso: I can't believe it.
Commissioner Plummer: I vote no.
Mayor Suarez: Please continue the roll call.
Commissioner Plummer: I have that right.
Mayor Suarez: Yes.
Commissioner Plummer: All I was trying to do was to protect them. That is
all, you dummy. You should have known what I was doing.
Vice Mayor Alonso: I vote no, because I feel that we were not ready. This
was not a regular item, and I think it deserves the courtesy of being placed
in the agenda.
Mayor Suarez: I vote yes, and I hope next time we have three votes. All
right.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Just for the record. Just so that you don't laugh too
hard.
Vice Mayor Alonso: Now at this time. At this time...
Ms. Hirai: Three no votes. Commissioner...
Vice Mayor Alonso: At this time...
a�
220 July 9, 1992
C]
Commissioner Plummer: Excuse me.
Vice Mayor Alonso: ...I would like...
Commissioner Plummer: There were three no votes?
Ms. Hirai: Yes, sir.
173
Vice Mayor Alonso: Just a minute. Just a minute. At this time I would like
the Administration to bring this back as a regular item so we can be prepared
to discuss this item.
Commissioner Plummer: And, Madam Commissioner, I would be happy to vote for
that motion if it included the people that have, or are required by our
Administration to be 24 hours subject to call, and the canine, I would vote
yes.
Commissioner Dawkins: You know.
Commissioner Plummer: But the Mayor, who made the motion, emphatically said
he didn't care about 24 hour.
Mayor Suarez: Well because you are going to tell us...
Commissioner Dawkins: No. What I am saying.
Mayor Suarez: ...that everybody has to be on 24 hour notice. So, you know.
Commissioner Dawkins: OK. Let me tell you what I am saying.
Commissioner Plummer: No, sir. That is not correct.
Vice Mayor Alonso: Next time we will...
Commissioner Dawkins: Let me tell you what 1 am saying.
Commissioner Plummer: That is why I voted against the motion. Just so you
know.
Commissioner Dawkins: Let me tell you what I am saying, and I want all of
your to understand this. When you had the last disturbance in Wynwood, the
reason it took you so long to mobilize, and to try to get a handle on the
disturbance, was because you had to beep everybody in Broward County, and for
those in Broward County to come to Dade County and gear up to go put down the
disturbance. DO
Vice Mayor Alonso: That 1s why it is important...
Commissioner Dawkins: Now. You all go ahead. You all go ahead.
Vice Mayor Alonso: ...that we have it as a regular item next Commission
Meeting.
Commissioner Dawkins: Go right ahead.
221 July 9, 1992
Mayor Suarez: All right. We are close to the third vote. Don't give up.
Don't give up.
Vice Mayor Alonso: Well. Wait a minute. It has to be before...
Mr. Odio: September... September...
Vice Mayor Alonso: ...we approve the budget.
Mr. Odio: September loth.
Mayor Suarez: Were at two and a half. We are at two and half votes.
Vice Mayor Alonso: September what?
Mr. Odio: Tenth.
Vice Mayor Alonso: OK.
Mr. Odio: The next agenda is...
Vice Mayor Alonso: Yeah. OK.
Mayor Suarez: I won't say who is the half, but we are at two and a half
votes.
Vice Mayor Alonso: OK.
Mayor Suarez: We are getting there. And I know you are going to be moving
into the City, right. How is the situation going?
Vice Mayor Alonso: No. All of them will have to move into the City.
Mayor Suarez: Trying. He is trying. No. In his case...
Commissioner Dawkins: And most of them don't care because you got three
Commissioners who live in Coconut Grove anyway. So they are going to secede
anyway.
Mayor Suarez: I conclude I don't live in Coconut Grove.
Vice Mayor Alonso: Let's not go into residence.
Mayor Suarez: All right.
Commissioner Dawkins: I got one more.
Commissioner De Yurre: One more.
Commissioner Dawkins: One more.
Commissioner De Yurre: Jeez.
222 July 9, 1992
LA
(AT THIS POINT, CONSIDERATION OF THIS ITEM WAS
DEFERRED.)
14. (A) DISCUSSION CONCERNING THE UPGRADING OF PA SYSTEM IN THE COMMISSION
CHAMBERS -- NO ACTION TAKEN.
(B) CITY COMMISSION EXPRESSES THE OPINION THAT IT SHOULD BE TCI AND NOT
THE FIRE DEPARTMENT TELEVISING COMMISSION PROCEEDINGS.
Commissioner Dawkins: Mr. Mayor, you constantly said over and over,...
Mayor Suarez: Yes.
Commissioner Dawkins: ...that this is the lousiest PA system you deal with,
and nobody hears you. Not like...
Mayor Suarez: Because of the PA system, they can't hear me.
Commissioner Dawkins: Um hum. And I think that Mr. Williams, or the Manager,
needed to come to the mike and tell us... tell us...
Mayor Suarez: What is the status of the new PA system?
Commissioner Dawkins: ...what is in the budget to upgrade this PA system, as
the Mayor has been yelling and screaming for, for three years?
Mr. Ron Williams: Ah.
Vice Mayor Alonso: We cannot hear you.
Commissioner Dawkins: In the upcoming budget.
Mr. Williams: Commissioner Dawkins, I 've been directed by the Manager...
Commissioner De Yurre: Can you speak up a little bit.
Mr. Williams: Yeah. Yes. I have been directed by the Manager to make sure
that there is fifty thousand dollars in the budget to make sure that we
completely change the system.
Commissioner Dawkins: Make it seventy-five so I can pay Nora Swan twenty-
five.
Mayor Suarez: And by the way...
Commissioner Dawkins: Thank you, Mr. Williams.
Mayor Suarez: ...all that nice equipment that is back there, doing God knows
what...
223 July 9, 1992
Is I*
Mr. Cesar Odio (City Manager): That is televising these proceedings, Mr.
Mayor,
Mayor Suarez: OK. Is that all TCI equipment?
Mr. Odio: No. This is the City of Miami Fire Department equipment.
Commissioner Dawkins: Thank you, Mr. Williams.
Mayor Suarez: Is it TCI employees?
Mr. Odio: No, sir. They are not.
Vice Mayor Alonso: It is costing us?
Mr. Odio: These are our...
Mayor Suarez: I mean I know Giovanne is a Firefighter.
Mr. Odio: They are from the Fire Department.
Mayor Suarez: Who are the other employees back there?
Commissioner Dawkins: City Fire Department.
Mr. Odio: City Fire Department.
Commissioner Dawkins: City Fire Department.
Vice Mayor Alonso: Hold on a minute. You mean to tell me that...
Mr. Odio: We were doing... Yes.
Vice Mayor Alonso: ...it is costing us? Why not them? The TCI.
Mr. Odio: Well, the TCI... What the TCI did was just put one little camera
there, focus it on you, and we were trying, today, to see how you could
televise these proceedings like it should be televised.
Mayor Suarez: Mr. Manager, I don't think you are going to get a budget
approved if you have four or five people from...
Mr. Odio: This is just a temp...
Mayor Suarez: ...the Fire Department...
Vice Mayor Alonso: Four people?
Mr. Odio: No. Just a...
Mayor Suarez: ...doing whatever it is they are doing back there. ...to film
this...
Vice Mayor Alonso: I see individuals. One, two, three, four.
224 July 9, 1992
Mayor Suarez: ...when we have an agreement, I believe, with the agency that
does the cable in this City, that they are supposed to televise our
proceedings.
Mr. Odio: We will go back to what you use to get.
Mayor Suarez: I am just warning, sir. I am not warning you. I just wanted
to know.
Mr. Odio: No. No. We will go back to the old ways. That is no problem.
Mayor Suarez: Now about negotiating with TCI to have them...
Vice Mayor Alonso: Of course.
Mayor Suarez: Please.
Mr. Odio: We have.
Vice Mayor Alonso: They don't want to do it...
Mayor Suarez: All right. Commissioner De Yurre had a couple of items.
Vice Mayor Alonso: And let's look at how well they are serving the public,
and I am sure it is going to be very convincing.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Commissioner De Yurre.
Vice Mayor Alonso: Invite them to come in front of us and we will talk to
them. And I am sure they are going to be very convinced that they have to do
it themselves.
Mayor Suarez: Yes. Commissioner De Yurre.
225 July 9, 1992
15. GRANT REQUEST FOR WAIVER OF RENT AT MANUEL ARTIME FOR: (a) EL COLEGIO
NACIONAL DE PERIODISTAS nE LA REPUBLICA DE CUBA EN EL EXILIO, AND (b)
SALAD (SPANISH AMERICAN LEAGUE AGAINST DISCRIMINATION).
Commissioner De Yurre: Mr. Mayor, EL COLEGIO NACIONAL DE PERIODISTAS DE LA
REPUBLICA DE CUBA EN EL EXILIO for years has been renting space for one dollar
a year at Manuel Artime, and certainly we know the work that they have done
for this community, not only as far as journalism is concerned, but also as
far as having a library at the location, and...
Mayor Suarez: Is it a waiver of rent...
Commissioner Be Yurre: It is a waiver of rent...
Mayor Suarez: ...for something that has public access, et cetera.
Commissioner De Yurre: ...for one... That is right. For one dollar a year.
Mayor Suarez: I'll entertain a motion on the waiver.
Vice Mayor Alonso: Yes, may I take at this time, also, an organization who
has been providing excellent services to the community, and it's SALAD, at the
same time.
Commissioner Be Yurre: At the same location also?
Vice Mayor Alonso: Yes. Same location.
Commissioner De Yurre: OK.
Vice Mayor Alonso: It is Manuel Artime.
Commissioner Be Yurre: So moved.
Mr. Cesar Odio (City Manager):
Commissioner Plummer?
Vice Mayor Alonso: He is not here.
I just want for the record... Where is
Mr. Odio: OK. I don't want him to tell me that we have a deficit.
Mayor Suarez: All right. We have a motion and a second as to two waivers for
two organizations that we have. Any discussion from the Commission? And I
have a feeling later we may hear from one of the Commissioners. If not,
please call the roll.
226 July 9, 1992
E
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-433
A RESOLUTION GRANTING REQUEST FROM (1) EL COLEGIO
NACIONAL DE PERIODISTAS DE LA REPUBLICA DE CUBA EN EL
EXILIO AND (2) SALAD (Spanish American League Against
Discrimination) FOR WAIVER OF RENT AT MANUEL ARTIME AT
ONE DOLLAR A YEAR.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
16. DISCUSSION CONCERNING THE $1 MILLION LOAN POOL FOR ASSISTING LATIN
BUSINESSES -- RECOMMEND LIST OF APPLICANTS TO MIAMI CAPITAL DEVELOPMENT,
INC. (See label 18)
------------------------------------------------------------------------------
Mayor Suarez: All right. We have...
Commissioner De Yurre: My second...
Mayor Suarez: Yes, Commissioner.
Commissioner De Yurre: My second one is. Mr. Mayor if you recall about a
year ago this Commission approved a...
Mayor Suarez: Sir, I don't recall anything that happened a year ago.
Commissioner De Yurre: Sure you will.
Mayor Suarez: I barely recall what happened this morning,...
Commissioner De Yurre: Sure you will.
Mayor Suarez: ...but go ahead.
Commissioner De Yurre: We approved a one million dollar loan program for
Little Havana, particularly 8th Street merchants, to help them...
227 July 9, 1992
�r •
Mayor Suarez: Yes, the loan program... Right. To revitalize the area.
Commissioner De Yurre: As of today, there has been a great number of
difficulties as far as getting the money to these businesses. Some of the
restaurants, and shops, and things of that nature. I have, in my hand, a list
of applications that have been brought to us by Latin Quarter Association. A
number of businesses are applying for loans which is, I believe there's about
half a million dollars left in the program, and this amounts to approximately
four hundred and some odd thousand dollars. And I want to turn this over...
They are all over here. I want to turn this over to the Administration to
expedite this effort. A lot of them are in the process of going out of
business because they need an infusion of capital for expansion, not only of
the business as far as inventory, but also the business itself, expanding the
space. And I want to turn this over so we can expedite this and help these
businesses stay alive.
Mayor Suarez: Who was handling it before? Was it Miami Capital before?
Vice Mayor Alonso: Miami Capital.
Commissioner De Yurre: Miami Capital.
Commissioner Plummer: Yeah.
Mr. Frank Castaneda: Yeah. Miami Capital is the funding source that we will
assist them to be able to be processed through Miami Capital.
Mayor Suarez: All right.
Commissioner De Yurre: Through a Miami Capital...
Commissioner Plummer: Yeah, but there were provisions in there that they
could not use the money for. There were negative provisions.
Mr. Castaneda: Right.
Commissioner Plummer: And those are...
Commissioner De Yurre: Well, right. It seems...
Mayor Suarez: Were the funds CDBG, City or EDA or...
Mr. Castaneda: They were Community Development Block Grant funds.
Mayor Suarez: All right.
Mr. Castaneda: A million dollars, of which I believe there is a balance of
about $460,000.
Mayor Suarez: OK. No problem with...
Commissioner De Yurre: So I want to turn these lists of individuals and
businesses so we can expedite them. We don't need...
228 July 9, 1992
Mr. Castaneda: We'll make sure that they get expedited, Commissioner.
Commissioner De Yurre: We don't need another Barnett Bank. If not, they can
go to the regular bank, and you know, I mean, like and apply for a regular
loan. We need to help them stay alive and stay afloat. Lord knows a lot of
these businesses are going out on 8th Street and Flagler.
Commissioner Plummer: Well, you know. Let me ask a question of the City
Attorney, before some of my very dear friends get into trouble. OK?
Florentino, you are on the board. Is that correct?
Mr. Florentino Perez: Yes.
Commissioner Plummer: Mr. City Attorney, is it proper that a member who is a
member of the board of this organization can, in the same light, apply for
funds?
Vice Mayor Alonso: You mean in the board of Latin Quarter?
Commissioner Plummer: Latin Quarter Association.
Mr. Perez: Excuse me.
Commissioner Plummer: Can he apply for funds?
Commissioner De Yurre: Let me say for the record, J.L. They are just a
vehicle to help the businesses in the area...
Commissioner Plummer: OK. Victor, I'm simply.,.
Commissioner De Yurre: .. become aware of this.
-� Commissioner Plummer: ... asking the question because I would hate to see my
friend in trouble. OK? I'm asking where this board is the one who brought
this matter to us, and Florentino is El Pub restaurant.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: OK. But is it a conflict of interest with him being on
the board and applying for this money?
Commissioner Dawkins: Not if he abstains from voting.
Commissioner Plummer: OK. I think you better clear that very, very well
_ understood. I would hate to see E1 Pub in the El Herald tomorrow morning, and
I have no place to go for coffee.
-' Mr. Perez: No. Let me clarify for you, J.L. Florentino Perez, my son, owns
E1 Pub. I own the property, not exactly the corporation of El Pub.
3
Commissioner Plummer: OK. I've just... You have to be extremely careful of a
- . conflict of interest.
Mr. Castaneda: Commissioner,...
229 July 9, 1992
V1 ce Mayor Al onso: But even if they did, I don't think he has any conflict
because this money is not going to be provided to the organization, Latin
Quarter, but it's going to come from Miami Capital to them after checking that
he qualifies.
Mr. Castaneda: Right. And then the loan committee for Miami Capital does not
consist of him and the only person on the loan committee that might be in
conflict would be Elio and he might abstain, he should abstain...
Vice Mayor Alonso: He is a member. He might have a conflict. Yes.
Commissioner Plummer: Did you read the thing from HUD (U.S. Department of
Housing and Urban Development) in Jacksonville? - in which Miami...
Vice Mayor Alonso: He is a member of the Miami Capital. Yes.
Commissioner Plummer: Madam Commissioner, there was a member of the loan
committee of Miami Capital who gave himself a loan of the 79th Street Shopping
Center.
City Attorney Jones: Commissioner, if...
Commissioner Plummer: OK.
City Attorney Jones: Commissioner, Mr. Mayor and Commissioner. If, out of an
abundance of caution, I could see it if Miami Capital were totally independent
of the City, but since there is that nexus between the City and Miami Capital,
I'd rather air on the side of caution, and if you'd let me just delve a little
closer into it. It may be that even while it may have the appearance of
impropriety or conflict, it may not be a prohibitive conflict, but at least
let me look into it a little more.
Commissioner Plummer: Sir, if I've done nothing more, I have put it on the
record. I have put it on top of the table and nobody can say we didn't ask
the question and it wasn't fully discussed and fully aired at this Commission
level.
Mayor Suarez: All right. Anything further? - so we can get on to... I
understand a lot of people are here on the discussion of the NET program,
including perhaps the chairman of the Village Council of Coconut Grove,
etcetera. We appreciate your presence and all of you from throughout the City
who are interested in commenting on that, and we are going to try to get
through all the other Items. Anything further on this item? Did we vote on
it?
Commissioner De Yurre: No. I don't need if we motion. I just wanted to
bring this to light,...
Mayor Suarez: Do we need a formal motion on it?
Vice Mayor Alonso: We better.
230 July 9, 1992
s 7
Commissioner De Yurre: ... and, hopefully, that Miami Capital would not be
strict on these individuals. They need the money soon, and...
Mr. Castaneda: We'll talk to Miami Capital and we'll make sure they all get
contacted tomorrow.
Commissioner De Yurre: OK. Thank you very much.
17. AUTHORIZE FUNDING OF METRO-MIAMI ACTION PLAN KINGIAN NON -VIOLENCE
WORKSHOP ($19,831 -- from Law Enforcement Trust Fund).
Commissioner Plummer: Mr. Mayor, can I do my only quick pocket item?
Mr. Elio Rojas: Mr. Mayor.
Commissioner Plummer: Can I do my quickie?
Commissioner Dawkins: Yeah, go right ahead.
AT THIS POINT, COMMISSIONER PLUMMER READ THE
RESOLUTION INTO THE PUBLIC RECORD BY TITLE ONLY.
Commissioner Plummer: Which he has done. I so move.
Commissioner Dawkins: Second.
Mayor Suarez: So moved. Second. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-434
A RESOLUTION AUTHORIZING THE FUNDING OF THE METRO-
MIAMI ACTION PLAN KINGIAN NON -VIOLENCE WORKSHOP, AND
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED
$19,831, 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.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
231 July 9, 1992
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
---------------------------------------------------------
18. CONTINUED DISCUSSION CONCERNING THE $1 MILLION LOAN POOL FOR ASSISTANCE
TO LATIN BUSINESSES (See label 16).
Commissioner De Yurre: Mr. Mayor, there's an issue here as to whether these
individuals qualify for Miami Capital. The $1,000,000 that we had set aside
was for the Administration to deal with it. You know, if they are going to be
held under Miami Capital's scrutiny, they will not qualify. Now these are
businesses that have been there...
Commissioner Plummer: Why?
Commissioner De Yurre: ... for a number of years.
Commissioner Plummer: Why won't they qualify?
Commissioner De Yurre: Well, go ahead, Elio, tell him why?
Commissioner Plummer: No, Victor. I guess the reason I'm asking. When you
say that won't stand up to scrutiny, that is...
Commissioner De Yurre: Scrutiny, I mean as far as collateral, things of that
nature.
Mr. Frank Castaneda: Commissioner, I was just talking to the director of
Miami Capital. My understanding is that all but two loans have been approved
by Miami Capital that have been submitted to the loan committee, and he
assured me that he would expedite your applications and will get them
approved.
Commissioner Plummer: I got to tell you if they won't stand up to scrutiny,
they won't stand up to my yes vote.
Mr. Castaneda: Right, and if they, you know, have outstanding debts and
things like that, obviously there is a problem and a reason for not approving
the loan, but I'm sure that they don't have that kind of problem.
Mr. Rojas: Yes, they have a problem. They don't have collateral, they don't
have enough...
232 July 9, 1992
s
Mayor Suarez: Elio, the Commission has introduced this topic. We've given
instructions to the staff. We don't think we need a motion, so we don't any
further comments on the record. All right. We are going to try to implement
this and with the proper guidelines, administered by the City Manager's
office, not just Miami Capital. OK?
19. DISCUSSION CONCERNING NEIGHBORHOOD ENHANCEMENT TEAM (NET).
Mayor Suarez: We have many, many items of interest. I would like, possibly,
unless anyone has any better suggestion, Commissioners, to handle the matter
that was scheduled for a public hearing on the NET (Neighborhood Enhancement
Team) program,...
Vice Mayor Alonso: Mr. Mayor can you bring 45?
Mayor Suarez: ... and then go right to the Consent Agenda and go right
through the agenda.
Commissioner Plummer: Give me that again?
Mayor Suarez: To try to do the discussion of the NET program. I'm told the
majority of people who are h�-re are here for that because they've been waiting
all day, and I forget what time it was scheduled for, then go right to the
Consent Agenda and the rest of the agenda on a one -by -one basis.
Vice Mayor Alonso: Yes, and please, 45.
Mayor Suarez: And Vice Mayor Alonso would like item 45. So, what item is the
one that is slated for discussion on NET? On the NET program.
Unidentified Speaker: Thirty-seven.
Mayor Suarez: Item 37. Who wants to be heard on item 37? Please raise your
hand. On the NET program. OK. Would you please come up to the mike? And 1f
you try not to get repetitive, the chairman of the Village Council, first,
please, in deference to our elected official.
Mr. Michael Samuels: Thank you very much, Mr. Mayor.
Mayor Suarez: Unpaid elected official.
Mr. Samuels: Absolutely. Honorable Mayor and members of the City of Miami
Commission, my name is Michael Samuels and I'm the Chairman of the Coconut
Grove Village Council. First, I would like to congratulate Mayor Suarez on
his eloquent speech at the Dade County Commission the other day,...
Mayor Suarez: Please, please, please. You are a great advocate of your
position...
233 July 9, 1992
A
Commissioner Plummer: No, no, no.
thinking. Let him continue.
LO
I'd like to hear what the other side is
Mr. Samuels: ... and the entire Commission on that battle victory, although
you are aware we are not happy with your...
Mayor Suarez: Even though we were wrong, you like the way we said it.
Mr. Samuels: Exactly. We learned a lot about politics and we'll put it to
good use. Thank you very much. Regarding the NET program.
Mayor Suarez: That's a very courageous thing to say, Mike. Yes, please,
please. Outside please, Elio. You can have all the meetings you want.
Florentino, please.
Mr. Samuels: OK. Regarding NET. For my presentation to the Dade County
Commission, I'm sure you know how I feel about it and how the Village Council
feels about it.
Mayor Suarez: And Mike you did indicate, of course, that you are willing, and
so is the rest of the Council and any other proponent of the whole idea, to
continue meeting and discussing how we might better serve the Grove.
Mr. Samuels: Absolutely, and I'm going to get to that in one second.
Mayor Suarez: All right. And I appreciate that, because sometimes that's
lost in the argument.
Mr. Samuels: No, it's not lost. In fact, I'm going to ask you something
about that, sir. The NET program, I believe, and we believe, is essential for
your relationship with the people of the City, and in particular Coconut
Grove. We encourage it, we support it, and we hope that it is successful
after a sufficient evaluation period. Finally, as directed by the Dade County
Commission, I will be submitting two names from the Village Council to Mayor
Clark who are to sit on the Task Force set up by the Dade County Commission.
I respectfully request that you, today, pick the two City of Miami
Commissioners who will be on the Task Force and send those names on to Mayor
Clark. I will try to go to Mayor Clark on Monday and see who the three
impartial people will be.
Commissioner Plummer: Was it our choice or was it...
Mayor Suarez: No, it has to be our choice. I presume you want to serve on
it, Vice Mayor.
Mr. Samuels: But getting back to NET. We appreciate the program. We support
it. We think it is very important. It brings the government very much closer
to the people, and we really do hope it's a success and we'll do everything we
can to try to help you make it a success.
Mayor Suarez: Very good.
Mr. Samuels: OK. Thank you.
234 July 9, 1992
W
0
Mayor Suarez: I presume that Vice Mayor Alonso wants to serve and I just
heard Commissioner De Yurre wants to serve, and I think that would make a very
good representation of this Commission.
Mr. Don Hinson: Mr. Mayor, Commissioners, my name is Don Hinson. I'm
President of the Shorecrest Homeowners Association. I, too, want to voice...
Mayor Suarez: I just received a letter from you, which I have forwarded to
the Manager, Don,...
Mr. Hinson: Thank you very much.
Mayor Suarez: ... and I hope you get copies of it and that we duly take care
of the concern.
Mr. Hinson: Thank you, sir. I, too, want to voice our strong support in
Miami's upper east side for the NET concept, even though the City Manager
stole the idea from me.
Commissioner Plummer: Sir, just so you know. This whole thing was stolen
from Atlanta, Georgia, in a program called Red Dog, which I and Miller Dawkins
brought back to this community and were told by the Police Department it was a
lousy program and it would not work, and six months later, the Manager
suddenly thought it was a great program and it was implemented in behalf of
the City of Miami.
Commissioner De Yurre: J.L.,...
Commissioner Plummer: Just so you know.
Mr. Hinson: Thank you, sir.
Commissioner De Yurre: ... just so you know. Atlanta stole it from St.
Louis.
Mr. Hinson: I just want to say that...
Commissioner Plummer: But that was Anheuser Busch.
Mr. Hinson: Wherever it was stolen from...
Vice Mayor Alonso: Now that all this has been established, let him finish.
Mr. Hinson: Wherever it was stolen from, it's a very fine concept. We have
seen it up close working in our area. Dr. Bahn, who is the head of the NET
program in our area and her team hit the road in the northeast area and they
haven't stopped running yet. We feel that this a concept whose time has come.
It is working. We feel that there's been enough time for studying the
concept. It's time to put it in place, make it permanent. The only
recommendation I would have to helping this concept be more close to the
community, is that we have what I made in a letter to the City Manager the day
he asked for our comments, was a community relation office manned by
volunteers from the community to work with the NET team there.
235 July 9, 1992
A%
P.
Commissioner Plummer: Sir, we have Public Information that you could work
with on a volunteer basis and I'm sure they would appreciate it.
Mr. Hinson: Well, I'm talking particularly about our NET center.
Commissioner Plummer: Sir, I'm saying the City has, and we fund, a Public
Information Office, which, in fact, could be for public relations. You have
Community Relations in the Police Department.
Mr. Hinson: Yes.
Mr. Cesar Odio (City Manager): What he's saying is the citizens want to
participate.
Commissioner Plummer: That's what I'm saying. Join with that which we
already fund.
Mr. Odio: In answer to that, if I may, the Roads NET office come up with the
citizens to have a workshop all day Saturday the 18th, I believe it is, and we
are going to encourage all the other communities to have the same and tell us
what they want to set... They have to set the agenda for us.
Mr. Hinson: I want to thank the Commission for the opportunity of speaking,
and thank you very much for your support of NET. And Mr. Manager, I'm glad
you stole it.
Mayor Suarez: Thank you, Don.
Mr. Ted Stahl: My name is Ted Stahl, representing myself, and speaking for
the Chamber of Commerce of Coconut Grove and the Civic Club of Coconut Grove.
We wish to thank... If it started in Atlanta or wherever it came and whoever
instrumented it down here, and Cesar Odio for working with us. It has worked
very, very satisfactorily. Yes, I do compliment you.
Mayor Suarez: First time in recorded history Ted Stahl directs a compliment
towards the Administration. All right.
Mr. Stahl: As a very quick example, a few months ago we had a very severe
problem that has been existing in this City, in fact all over Dade County with
the news racks that have become a very serious problem in Coconut Grove. Not
only a mess, but unattended. We called our inspector and within an hour's
time, at the Chamber of Commerce were two inspectors, Mario Pons and the
"chaincutter" we call him, and we took a stroll through Coconut Grove and
within seven days, the news racks that were not falling within the ordinance
were removed from the streets and all the chains were cut and boxes have been
cleaned and are in somewhat of an orderly manner, and we thank you. This is
just one small incident. It took three months the last time we asked for
help. So it must be working, and we thank all of you very much.
Mayor Suarez: Thank you, Ted.
Commissioner Plummer: And if you don't stay on it, the new broom will not
continue to sweep clean.
236
a
July 9, 1992
Mr. Stahl: I'll stay on it.
Mayor Suarez: Frances.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: Maureen. That's who it is. Do you want to address us?
Ms. Maureen Joseph: Yes.
Mayor Suarez: This way.
Mr. Burnham S. Neil: Ladies first.
Ms. Joseph: Oh. All right. Thank you. My name is Maureen Joseph, I live at
665 Buttonwood Lane. I'm here representing the Northeast Task Force. Also I
recently retired from the Bay Point property owners board of directors after a
ten-year service.
Mayor Suarez: So how come you go to church at St. Patrick's on the beach?
Ms. Joseph: I like it.
Mayor Suarez: Go ahead.
Ms. Joseph: All my children went to school there.
Mayor Suarez: Ahi
Vice Mayor Alonso: Are you like Perot? - investigating people.
Ms. Joseph: I'm very happy to have this opportunity...
Mayor Suarez: I'm investigating Maureen.
Ms. Joseph: I'm very happy to have this opportunity to address the Commission
and our City Manager. Just last week, at,_qu --)ask Force meeting after a
discussion with Officer Nichols and Mr, CCohena� our zoning officer, we
complemented our NET group on the work that—th-6y are doing up in the upper
east side, and Mr. Cohena suggested that we let the Commission know just how
pleased we are. So we are really happy to be here today and extol what they
are doing for us up in the northeast. It is just great having City personnel
right close at hand to observe the problems. They are there, they see what's
happening, and they are on top of everything, and we are seeing things get
done quickly.
Mayor Suarez: Are patrol cars coming in to Bay Point?
Ms. Joseph: Yes. Um-hmm.
Mayor Suarez: I remember the days when they decided they weren't going to go
into Bay Point at all. I guess they felt that was too secure by its own
security, but...
237 July 9, 1992
Ms. Joseph: Well, we do have off -duty City of Miami police officers
patrolling.
Mayor Suarez: Very good.
Ms. Joseph: I just want to say in closing, that in our common vision report
which was accepted by the Commission two years ago, we did point out - I'm
reading from page 30 on our common vision report. "The Task Force recommends
that the Miami City Commission create a companion task force of City personnel
to help implement the goals outlined in this report." So this is what NET is
all about, and we are really excited about it, and go for it.
Mayor Suarez: Thank you, Ms. Joseph.
Mr. Neil: Burnham Neil, 671 N.E. 71st Street. I want to...
Mayor Suarez: You are Mr. Neil.
Mr. Neil: Yes, sir.
Mayor Suarez: You write a tot of letters.
Mr. Neil: Yes, sir.
Mayor Suarez: Oh. Connect the face with the person. All right, Burnham.
Mr. Neil: OK. What I'd like to say is, all the speakers that preceded me
said what I would like to say, and because it's just starting out, I feel that
this program can't do anything but get better. Support it.
Mayor Suarez: Keep the letters coming, particularly the good ones. Judy.
Ms. Judy Clark: Judy Clark, 5930 North Bayshore Drive. About 90 days ago, I
came up here and stood on line for a very long time when people were just
beginning the NET program, and my words to you that night were very brief.
Try it, you'll like it. We've tried it. We really like it. I hope you do,
too. It's working quite well in our neighborhood. It's made a difference on
our Boulevard that four other organizations, a task force and a couple of
other councils in our neighborhood could not control, but it's made a great
deal of difference already in this 90 days. Keep up the good work.
Mayor Suarez: Thank you.
Ms. Grace Balanzategui-Garrido: Good afternoon. Grace Balanzategui-Garrido,
3620 S.W. 20th Street. We are always facing budget problems. NET has just
started, you've renovated buildings, you have printed up letterheads,
brochures, envelopes, business cards. To do away with it now would be
fiscally irresponsible.
Mayor Suarez:
material work?
respond to you?
Do the letters and the brochures and all of that nice printed
Have you tried them? Have you called anybody and seen if they
Ms. Balanzategui-Garrido: As a matter of fact, your Honor,...
238 July 9, 1992
Mayor Suarez: I mean, I hate to make the argument just the fact that we
printed all that stuff, and now we can't go back on it.
Ms. Balanzategui-Garrido: No, sir. Let me tell you a little story about two
houses in Coral Gate.
Mayor Suarez: Not a long story.
Ms. Balanzategui-Garrido: No.
Mayor Suarez: A little story. Right, Grace?
Ms. Balanzategui-Garrido: A very short one.
Mayor Suarez: All right.
Ms. Balanzategui-Garrido: 1900 S.W. 32nd Avenue. In November, you all
approved a variance with a condition attached relating to a covenant to run
with the land that the variance was given to a roof overhang on a porch
addition, subsequent to the covenant being submitted within 30 days to the
City of Miami, and the covenant was to read that, that area was never to be
enclosed. In March, we wrote a letter asking the City Attorney if this
covenant had ever been submitted. We have not received an answer yet.
Meanwhile, NET went into work, and at 1931 Coral Gate Drive, there was a house
that was subdivided into five units. NET has already brought them before Code
Enforcement and has already gotten results. NET works.
Mayor Suarez: That was all a conspiracy by the City Attorney not to do it, so
that NET would do it and... You see?
Ms. Balanzategui-Garrido: Well, I've written...
Mayor Suarez: You see the two of them together? You see them?
Ms. Balanzategui-Garrido: Yeah, but I've written to all of you, too.
Mayor Suarez: All right.
Ms. Balanzategui-Garrido: OK?
Mayor Suarez: Grace, thank you.
Ms. Balanzategui-Garrido: So NET works. It cuts through the red tape, and
that's what government is supposed to do. It works for the people. Thank
you.
Mayor Suarez: Thank you, Grace. Duke.
Commissioner Plummer: Mr. Manager, one thing. if I may please.
Mr. Duke McBride: Absolutely.
Mayor Suarez: Thank you.
239 July 9, 1992
Commissioner Plummer: The one thing that this Commission has not been asked,
and I asked for at the last special Commission meeting. Because all of these
people, and I commend them for coming here and speaking highly of the NET
program. But I assure you that there's not one of them here that is speaking,
nor can I, and I doubt any of my colleagues, know the full impact of the
financial costs of this...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: You've got to tell us somewhere along the line. OK?
Commissioner Dawkins: Not only that, J.L. Nobody that's come up here or the
Manager has ever been able to tell me what the rationale for NET is, what the
goals and the objectives are, and what the long-range goals are. The Manager
told me that these will be developed as we go along.
Mr. Odio: With the community. Yes, I did say...
Commissioner Plummer: Well,...
Commissioner Dawkins: Beg your pardon?
Mr. Odio: I said that, that the plans for each NET office will be developed
by the citizens with us so that every NET office will have a plan that fits
the community that they live in. Yes. I said that.
Commissioner Dawkins: Well, see...
Commissioner Plummer: Nothing wrong with that. I think...
Commissioner Dawkins: You see that's...
clap, you can come down here and give all
time comes for the budget, and I want
instrument to evaluate it with.
Commissioner Plummer: Measurable.
You can clap all you want. You can
of the accolades you want, but when
to evaluate it, I must have an
Commissioner Dawkins: And such an instrument is called MBOs, a perk chart, or
something. You just can't come up here and tell me this is the best thing
since high button shoes and, therefore, you want to...
Commissioner Plummer: Sliced bread.
Mr. Odio: We are prepared...
Commissioner Plummer: Well....
Commissioner Dawkins: I didn't ask you one question. OK? No, I didn't ask
you anything. I didn't ask anybody anything. I'm just like them. They are
making a statement. OK? I'm making one.
Commissioner Plummer: Well, I did ask.
240
July 9, 1992
Commissioner Dawkins: OK. Well, you go ahead.
Commissioner Plummer: And I asked at the last Commission meeting.
Mr. Odio: Can I answer this question?
Commissioner Plummer: Excuse me. You know, because it's nice to say that
these programs are great. But I've got to tell you that there is going to be
very, very high powered looking into the money that some of these
administrators are making, that they are not going to be maybe making after
budget is completed of this year.
Commissioner Dawkins: Not only that, J.L.
Commissioner Plummer: OK? So I want you to know that these are some very
serious areas that we, at this particular time, to my knowledge, the only
number that I have heard is the impact of the Police Department for the 45
days was in the neighborhood of $1,000,000.
Commissioner Dawkins: J.L.
Commissioner Plummer: Now that's all I'm saying.
Commissioner Dawkins: J.L.
Commissioner Plummer: But I've got to have...
Commissioner Dawkins: J.L., there is also a concern that certain individuals
in the NET program are paid with CD (community development) funds and I
guarantee you, HUD (U.S. Department of Housing and Urban Development) is not
going to accept those funds and there will be an audit finding and the City of
Miami is going to have to pay that money back. I guarantee you that.
Commissioner Plummer: Well, all I'm saying is, everybody knows, Mr. Manager,
because you have - Thank Godl You've done what you are supposed to do. You
have scared the hell out of us. All right? And in that, what I mean is, is
that this City, like many other major cities in the United States, is faced
with some very serious decisions to be made in the next 90 days as it relates
to budget. We already know, as Al Cotera stood up there today and said, that
this year, we are getting $4,000,000 less in ad valorem taxation than we
anticipated at budget time, and we know that next year's budget, starting
October 1st, is going to be down at least another $4,000,000. Now, ladies and
gentlemen, you have to understand, that's why this program has been in
existence for 90 days or more, and I've yet to see one financial statement of
what this program is worth.
Mr. Odio: Let me...
Commissioner Plummer: And when I... May I finish?
Mr. Odio: OK. I'm sorry.
Commissioner Plummer: Thank you, sir. When I sit here as a Commissioner and
I have to vote on budget, the thing that I have to do is to set my priorities.
241 July 9, 1992
1-1
Mr. Odio: OK.
Commissioner Plummer: Have to set my priorities. So I'm asking, as I asked
before, and before all these people get finished talking and go home with all
of these great plaudits of what they've done, they better be aware of what
it's costing to have these programs and maybe, just maybe, they might not
think this is the best thing that they are getting for the bang of their buck.
So...
Mr. Odio: I think...
Commissioner Plummer: ... maybe that is, and maybe it's not.
Mr. Odio: I think when they are through looking at it like we have, they will
consider it even better. Because what we have done is taken the people we had
in the offices away from the community and brought them out to the community.
We haven't added one person from outside. We haven't hired one body from the
outside. All these people were working in the offices downtown or in the
administration building, and they volunteered for this work.
Commissioner Plummer: It could be you said they weren't doing anything,
that's why you took them out.
Mr. Odio: The NROs (Neighborhood Resource Officers) also are volunteers from
the Police Department and they are working 24 hours a day in this NET program.
The total cost of the NET program so far, and because we had no choice, has
been $13,000 in telephone equipment and telefax that we had to have for
communication and some copy... That's it. Thirteen thousand dollars.
Commissioner Plummer: Are you then...
Mr. Odio: And I'm not talking about the impact of the overtime in the Police
Department, which that's already on the record.
Commissioner Plummer: We know that was a million.
Mr. Odio: Because of personnel on the NET program so far to the City of Miami
and the taxpayers in this year's budget is zero. As far as next year's
budget, which I'm now preparing, every department that these people came from
have absorbed the people. They have either done their work and they are
paying for them for next year. You will not find a NET budget, per se, next
year because every department that has contributed the administrators, the
inspectors and other personnel, have absorbed the cost of these people. So
there will be no additional cost for personnel next year in NET program. All
we are doing is decentralizing the Administration out to the community.
Commissioner Plummer: Mr.
statement to me and be of
Manager, the NET program has
paying them from what fund...
Mr. Odio: They...
Manager, you cannot sit there and make such a
honesty in full disclosure of financial. Mr.
got to cost money. I don't care whether you are
242 July 9, 1992
Commissioner Plummer: But I, as a taxpayer,...
Mr. Odio: I said additional monies. These people were paid for by the
taxpayers of Miami before.
Commissioner Plummer: You are telling me that in nine NET locations,...
Mr. Odio: Eleven. Eleven.
Commissioner Plummer: Eleven, of which there are at least six people which
would come out to roughly 75 people with whatever backup you have.
Mr. Odio: That's right.
Commissioner Plummer: Then what you are really telling is, we didn't need
these 75 before.
Mr. Odio: I didn't say that. I said that we brought them...
Commissioner Plummer: That they didn't do a damn thing and that's why you
pulled them over into NET.
Mr. Odio: No.
Commissioner Plummer: Now, I'm asking. Let's don't kid each other.
Mr. Odio: No, don't say that, because you are offending the staff that used
to work that way.
o_
Commissioner Plummer: Well, I'm asking a question.
Mr. Odio: They were doing before what they were told to do.
Commissioner Plummer: All right. If in fact...
Mr. Odio: No, no, no. I will not accept that.
Commissioner Plummer: ... they are over here in NET now...
Mr. Odio: I can't accept that.
Commissioner Plummer: OK? If they are in NET now, and they came out of a
department, who is covering what they used to do in that department?
Mr. Odio: The people that stayed behind are taking over and doing more work,
and they should be commended instead of chastised.
Commissioner Plummer: OK. Let me tell you what I'm looking for, Mr. Manager.
Sir, you have a breakdown...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: No, you can't. Because what I want to know in this
upcoming budget is each NET program.
243 July 9, 1992
1 'i
Mr. Odio: Sure.
Commissioner Plummer: Whether it be upper east side, lower west side,
Biscayne Bay side,...
Mr. Odio: Be glad to.
Commissioner Plummer: ... whatever.
operation, including salaries,...
Mr. Odio: Be glad to.
I want to know the total cost of that
Commissioner Plummer: ... benefits, automobiles, telephones, rent, if paid.
Mr. Odio: Fine.
Commissioner Plummer: The total cost of that operation. I would want that in
budget.
Mr. Odio: As long as you don't call it additional cost.
Commissioner Dawkins: Mr. Manager.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager, what was the job of Ms. Francena Brooks?
Mr. Odio: Francena Brooks was Assistant Director of the Department of
Community Development.
Commissioner Dawkins: And in that position, what did she do?
Mr. Odio: Frank, can you spell out her duties? Where is Frank? I think we
sent you the job... I don't have it in front of me, but we certainly will tell
you what her...
Commissioner Dawkins: Where is Frank? Frank ought to know. Somebody ought
to know over there.
Mr. Odio: We had three Assistant Directors in the Department of Community
Development.
Commissioner Dawkins: What were her specific duties?
Mr. Odio: Go ahead. Spell it out. Go ahead. OK. Francena Brooks. You
want to spelt it out, Frank? What her duties were? She worked for you.
Mr. Frank Castaneda: Francena Brooks was in charge of the Division of Social
Service Programs, and as such, monitored all the Social Service activities and
so forth for the City of Miami.
Commissioner Dawkins: What else?
244
July 9, 1992
E
Mr. Castaneda: Well, she... That's also the jobs program.
Commissioner Dawkins: All right. What else?
Mr. Castaneda: And, well, monitoring all the agencies that had to do with
social services, united Play.
Commissioner Dawkins: Monitoring all the agencies that receive CD funds.
Mr. Castaneda: In relation to social services. And the jobs program, which
is a fairly large program.
Commissioner Dawkins: The jobs program?
Mr. Castaneda: Um-hmm.
Commissioner Dawkins: What kind of services? Social services program?
Mr. Castaneda: Right.
Commissioner Dawkins: She monitored that?
Mr. Castaneda: That's correct.
Commissioner Dawkins: And she monitored CD?
Mr. Castaneda: Right.
Commissioner Dawkins: OK? She did that, as a full-time person?
Mr. Castaneda: That is correct.
Commissioner Dawkins: Now all of a sudden, she is moved and you tell me that
somebody else is picking up all that slack?
Mr. Castaneda: Well, no.
Commissioner Dawkins: OK. Well, what's happening?
Mr. Castaneda: What is happening is that we were expecting the NET
administrators to assist in each community meeting that slack.
Commissioner Dawkins: Beg your pardon?
Mr. Castaneda: We were expecting the NET administrators, working in each
neighborhood, to assist us in picking up that slack. For example,... The best
example is in the...
Commissioner Dawkins: OK. Fine. What... Now, remember what you told me now.
Mr. Castaneda: Um-hmm.
Commissioner Dawkins: You are expecting the NET administrator to pick up that
slack.
245 July 9, 1992
Mr. Castaneda: That's correct.
Commissioner Dawkins: Now, what is Mr. Waters' job title?
Commissioner Plummer: You are falling in the trap, Frank.
Commissioner Dawkins: A planner.
Mr. Castaneda: A planner, or Assistant Director.
Commissioner Dawkins: All right. A planner.
Mr. Castaneda: Assistant Director for Planning Department.
Commissioner Dawkins: Of Planning. He's a planner. OK? What is Nancy
Bahn's job?
Mr. Castaneda: Assistant Director for GSA (General Services Administration).
Commissioner Dawkins: Of GSA. Assistant Director for GSA.
Commissioner Plummer: May I ask, as you go down the line, starting with
Francena? What was her name? Francena...
Mr. Castaneda: Francena Brooks.
Commissioner Plummer: Brooks. Give me the salary of each one of these
individuals. How much was she making? Nobody knows? Hello. Is there
anybody home?
Commissioner Dawkins: Wait, Frank. Don't leave, Frank.
Mr. Castaneda: OK.
Commissioner Plummer: Am I calling collect?
Commissioner Dawkins: Yes. Well, while you are getting the salaries for
Commissioner...
Mr. Castaneda: Approximately $70,000. Seventy plus.
Commissioner Plummer: Seventy thousand plus benefits? Seventy thousand plus
benefits. Is that correct?
Mr. Castaneda: I believe so.
Commissioner Plummer: That's 1n excess of one oh five. All right. Thank
you. Go ahead. The next item.
Commissioner Dawkins: All right.
Commissioner Plummer: Who is the next one on the list?
246 July 9, 1992
Commissioner Dawkins:
to know.
0
What was Mr. Waters making? That's what Plummer wanted
Mr. Castaneda: Seventy? Sixty-three.
Commissioner Plummer: Sixty-three. That means he's making in excess of
ninety thousand.
Commissioner Dawkins: OK.
Commissioner Plummer: Wait a minute. Where is he?
Commissioner Dawkins: Now what... Nancy Bahn. What was her duty? I mean her
title.
Mr. Odio: Assistant Director of GSA.
Commissioner Dawkins: Now,...
Mr. Odio: And she was making seventy-three...
Commissioner Dawkins: ... and these three people...
Commissioner Plummer: Where is she?
Commissioner Dawkins: These three people...
Unidentified Speaker: Upper East side.
Commissioner Dawkins: ... have the training, the expertise and the knowledge
to go in and do what Francena Brooks was doing. Monitoring...
Mr. Odio: Yeah.
Commissioner Dawkins: ... all Federal program... You know, you can say that
to these people.
Mr. Odio: I say that to you, Commissioner. They are the best that we have.
Commissioner Dawkins: OK? You cannot say that truthfully and tell the truth
to anybody. Mr. Waters don't know anything in the world about applying to the
Federal Government to get a loan or a grant to help in Social Services.
Mr. Odio: I interviewed 50 people and it happens...
Commissioner Dawkins: No, no, no. See, Mr. Manager,...
Mr. Odio: No, because you are making a statement.
Commissioner Dawkins: I'm not interested in who you interviewed. I'm just
making the...
Mr. Odio: But you are making a statement...
247 July 9, 1992
Commissioner Dawkins: I'm making a statement.
Mr. Odio: Well, I need to answer that statement.
Commissioner Dawkins: I don't need you to answer.
Mr. Odio: Oh. OK. Because it's not an accurate statement.
Commissioner Plummer: How much is Nancy Bahn making?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: How much?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Seventy-three. That's another one oh five. OK.
And... But, you know, I'm being told that it doesn't cost anything.
Mr. Odio: I didn't say that, Commissioner.
Mayor Suarez: Why do you see it as anything but a redeployment of existing
City personnel...
Commissioner Plummer: Because, Mr. Mayor,...
Mayor Suarez: ... like you would do... Wait. Like you would do police
officers, where you put them out closer to where the neighborhoods are, where
the needs and services are. That's all it is.
Commissioner Plummer: That's not my problem. Now would you like the
answer...
Mayor Suarez: I mean, if you don't see it that way,...
Commissioner Plummer: Would you like an answer to the question that I know...
Mayor Suarez: ... then all these questions are very relevant.
Commissioner Plummer: Being here longer than you have, I'll tell you what
happens in City government. Today we are told that it makes no difference and
nobody was put into these departments to replace them. But in the next couple
of years, it'll be suddenly how these all will fill up...
Mayor Suarez: We can't.
Commissioner Plummer: ... and we got duplication.
Mayor Suarez: We don't have any budget to replace, even if we wanted to.
Commissioner Plummer: Watch itl
Mayor Suarez: We are asking them...
248 July 9, 1992
a
Commissioner Plummer: Watch itl
Mayor Suarez: ... to do more work than before, be closer to the people, be in
the neighborhoods and, hopefully, the capital cost of the facilities will not
be a factor...
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: .. because we are acquiring them for free, or using existing
facilities. In fact, if we are really smart,...
Commissioner Plummer: That is the way it should work.
Mayor Suarez: ... we will figure out a way not to have to house City
employees at the Dupont Plaza building downtown and save a lot of money in
rent that we are paying over there by putting people in the neighborhoods.
That would be a double savings, folks, and, you know, that's the kind of
approach we should be taking. That's creative government.
Commissioner Dawkins: You have to put people in the neighborhood with the
skills to get the job done.
Mayor Suarez: Absolutely.
Mr. Odio: Let me have the background on...
Mayor Suarez: And they have the skills. They are the best people that could
possibly be found. I mean, not...
Mr. Odio: Mr. Mayor.
Mayor Suarez: ... necessarily ones that I would select, but selected by the
Manager that we selected.
Mr. Odio: Let me just pick on one... Experience -wise, most of these people
that are administrators today have come up through the ranks in Community
Development and in Planning, precisely the skills you need to deal at a
neighborhood.
Commissioner Plummer: Oh, that's not a true statement.
Mayor Suarez: And you know, J.L.,...
Mr. Odio: Plummer, you know...
Mayor Suarez: ... we have criticized planners because they don't, a lot of
times, seem to know what is really needed out there and sit around and do
plans and zoning and so on. Now we've got them out there where, hopefully,
they hear from the citizens and begin to do some sensible planning. I'm not
sure still what planners do, to tell you the truth. But at least they are out
there listening to the people and being problem solvers and trouble shooters,
which is exactly what government is supposed to do. Anyhow. All right.
Anything further?
249 July 9, 1992
AP 0
Commissioner Plummer: How do you call Pablo Canton a planner?
Mayor Suarez: I don't know what Pablo Canton is.
Commissioner Plummer: Hey.
Mayor Suarez: I know he's a guy that solves a hell of a lot of problems.
Commissioner Plummer: He's the head of the whole damn program. I mean,...
Mayor Suarez: Code Enforcement, you know, crack houses,...
Commissioner Plummer: The man was in charge of...
Mayor Suarez: ... development, community development, monitoring...
Commissioner Plummer: The man was in charge of Code Enforcement. OK?
Mayor Suarez: Right.
Commissioner Plummer: And now he is in charge of the entire NET program.
Mayor Suarez: Right.
Commissioner Plummer: Where is the equity?
Mayor Suarez: He's one of the most knowledgeable people as to what's going on
in that community. Why wouldn't he be?
Commissioner Plummer: Well, you know my feelings as it relates to Code
Enforcement, whether it's effective or not.
Mayor Suarez: Alt right. All right. Anything further? Whose turn is it?
Lou, Duke. Whatever. Lou, why don't we try you? Is that a ponytail you got
there? - or what's going on here.
Mr. Louis G. Wechsler: Well, I guess you've been reading the papers, a little
bit about what the South Grove Homeowners Association has been doing. We went
out and hired off -duty City of Miami policemen. We figured...
Mayor Suarez: Yes, and that's created a lot of correspondence. I don't know
why. What's the issue?
Mr. Wechsler: Well, you have to solve everyone's problem, and until we, you
know, you put your NET man in the glass house, we figured you had to be really
an optimist just to do that. And we haven't found any reason to throw any
stones yet. In fact, we've been having meetings, and what we are doing is
communicating, and I think if anything, people have gotten involved, and
through the NET system, we've been able to sit down and talk about our
problems.
Mayor Suarez: Is that the ideal place, if we are going to have this program,
at the glass house? - or would you prefer, I guess in your case, you would
prefer something farther south somewhere.
250 July 9, 1992
Mr. Wechsler: Well, you are not going to put them in a residential
neighborhood.
Mayor Suarez: But it's all residential back there.
Mr. Wechsler: And it's reality. It is the Village, and that is a place to
meet. And it's free.
Mayor Suarez: It's free.
Mr. Wechsler: Nothing. You know, we never look that in the mouth.
Mayor Suarez: And you certainly see them going in and out because of the
glass walls.
Mr. Wechsler: But I'll tell you the problem. You know, you hear the positive
side. You hear how we went out and hired the off -duty men. They are
wonderful. Unfortunately, there is one little segment that doesn't want to
use City of Miami policemen. They are using Highway Patrolmen. They don't
understand that they are not on the same communication system.
Commissioner Plummer: And they are cheaper.
Mr. Wechsler: They are not. They are more money.
Mayor Suarez: Are they really on a different communication system?
Commissioner Plummer: The Highway Patrol is more money?
Mr. Wechsler: They are on a different communication system.
Mayor Suarez: They can't tune in with ours?
Mr. Wechsler: They don't monitor the City.
Commissioner Plummer: No, absolutely not.
Mr. Wechsler: Now, I want you to know that our infusion of capital, what we
are looking at right now. We are going to have five districts on line. We've
got four on line right... Three on line and the fourth one going on. We are
talking a half a million dollar budget. Now, why can't we have our own
special taxing district?
Commissioner Plummer: You can.
Mr. Wechsler: And we are talking about it.
Commissioner Plummer: You can.
Mr. Wechsler: And it's through NET that we've been getting facilitated. We
are getting the materials. We are having an opportunity to deal with
problems.
251 July 9, 1992
Mayor Suarez: I think surveillance, law enforcement and marketing are some of
the purposes allowed under that.
Commissioner Plummer: Wait a minute. Are you saying you are spending a half
a million dollars for an off -duty policeman?
Mr. Wechsler: We will in South Grove, when all of the sectors are in place,
which we are presently authorizing...
Commissioner Plummer: How many officers are you talking about?
Mr. Wechsler: Well, I'm talking about a cost of $4,800 a month for an eight -
hour shift, per sector. So, you are talking about...
Commissioner Plummer: How many sectors involved?
Mr. Wechsler: Well, right now we've got three on line. We will have seven or
eight before it's over.
Commissioner Plummer: I'm sorry. I don't follow your sectors.
Mr. Wechsler: In other words, $60,000 a year per sector to provide and
eight...
Commissioner Plummer: Four hundred and fifty thousand dollars, should, sir,
provide you with nine policemen, on a full-time basis. Is that what you have?
Mr. Wechsler: We have one in each sector. What we are trying to do, since we
are flying by the seat of our pants, J.L., we really don't know how many
people ultimately will participate in this program, and we don't think it's
right...
Commissioner Plummer: Well, in a taxing direct, you've got to have a vote.
You find out very quickly.
Mr. Wechsler: Exactly, and yet every person that's written a check has
objected to it and said this is what we have to do today. We are paying
taxes. We shouldn't have to do that.
Commissioner Plummer: I agree with them. I agree with them, sir.
Mr. Wechsler: Fine. And a person on a fixed income budget, not everyone that
lives 1n South Grove is that affluent and can afford to pay what we've started
out with. But those people...
Commissioner Plummer: Can I tell you that you are not alone? The people of
Bay Heights are telling me that they are not getting their money's worth. And
you know what? They happen to be right. They have taken an exodus as when
they saw the last police car in Bay Heights. Other than a call for service as
was with the Sunday with Judge Sidney Aronovitz who, an hour and ten minutes
for a response after they broke into his house, and only a call from the
Marshal's office were they able to get a police car there.
Mr. Wechsler: Let me ask you something, sir.
252 July 9, 1992
Commissioner Plummer: ... because it was an hour and 15 minutes from the time
the call went in. Now, let me tell you something. For you to have to pay for
a police officer as a special out-of-pocket is wrong. Absolutely wrong!
Mr. Wechsler: But is it right, is it right that the merchants of the district
of the so-called commercial area, who don't pay taxes as you alluded to
earlier today, who only, those people who don't even reside in the community,
get policemen at time and a half and we don't get proper coverage.
Commissioner Plumper: All right. You know, you brought up a point. Mr.
Mayor, let me bring up a point. Chief, you ready for this one?
Mayor Suarez: Yeah, I hope you don't get into the philosophical argument as
to...
Commissioner Plummer: No, this is not...
Mayor Suarez: ... whether it's wrong or right. If they want to use their own
money to hire whomever they want, you know.
Commissioner Plummer: Nope, this is not...
Mayor Suarez: All right.
Commissioner Plummer: Chief, let's go. Come on. The Chief has said to me,
when I have said to him, Chief, let's eliminate the Grove detail at time and a
half, a half a million dollars a year. He says that is there because of the
political aspects from City Hall. Want to make a motion to eliminate it? I'm
listening. Anybody want to second the motion?
Mayor Suarez: Make a motion to eliminate what? I'm sorry.
Commissioner Plummer: The Friday, Saturday night detail at time and a half in
Coconut Grove.
Mayor Suarez: How many officers do we have Friday, Saturday and Sunday night
in that time and a half?
Commissioner Plummer: I think it's twenty... Is it 26? Chief, you speak
to...
Mayor Suarez: He's talking about that Friday, Saturday and Sunday night
detail in Coconut Grove.
Commissioner Plummer: At time and a half. Yeah.
Commissioner Dawkins: No. I do not want to remove the time and a half police
from the Grove. But how many do we have down there, J.L.?
Commissioner Plummer: Chief, how many? 1 think it's 26.
Commissioner Dawkins: Twenty-six? There's 26...
253 July 9, 1992
Mr. Wechsler: You know, I...
Commissioner Dawkins: Wait a minute. One minute, sir. Just bear with me
just one minute.
Lieutenant Joseph Longueira: We are checking on it now.
Commissioner Dawkins: Al right. Well, let's just say for the sake of
discussion that there's twenty... I want 20 policemen in Wynwood Friday and
Saturday.
Commissioner Plummer: Ha, ha, ha. I knew that was coming.
Commissioner Dawkins: I want 20 policemen in Overtown Friday and Saturday. I
want 20 policemen on 62nd and 15th in the drug capital of the world on Friday
and Saturday. And I want 20 policemen up in the northeast driving the
prostitutes off Biscayne Boulevard. Now, if you are going to do that, then
continue to keep them in the Grove.
Mayor Suarez: Mr. Manager.
Commissioner Dawkins: If you are not going to put them all over the City,
giving them 20 hours a weekend, then you got to stop it.
Mr. Wechsler: Commissioner Dawkins.
Commissioner Plummer: Well, all...
Mayor Suarez: Wait, wait, wait. This is a very serious juncture, folks. We
started on this, this morning. Maybe we shouldn't have started on it this
afternoon, but we now have it on the table. Mr. Manager, please. Take your
seat, Chief. What I think I'm hearing, rather clearly, is we don't understand
how we can fairly, with our limited resources, allocate whatever number it is
that you are finding out through the Assistant Chief, and I would have thought
by now everybody would have memorized because we've brought this up so many
times...
Commissioner Plummer: It's $500,000.
Mayor Suarez: Al right. Officers on the very active commercial strip of
Main Highway from over here, MacFarland I guess, all the way up to where the
Taurus is. What's that street there?
Commissioner Plummer: Main Highway and...
Mayor Suarez: Franklin.
Commissioner Plummer: ...Franklin.
Mr. Wechsler: Franklin.
Mayor Suarez: Franklin. How can we justify having that many officers on
Friday, Saturday and Sunday... I thought in that area, concentrated there,...
254 July 9, 1992
Commissioner Plummer: You can't.
Mayor Suarez: ... some of them fine officers, but look like they are having a
great time out there, you know. Because most of the time they are just
watching the people go by and kind of regulating traffic. Every once in a
while we have some gang activity and, yes, they require a certain police
presence there. There is no district in Miami so active on Friday, Saturday
and Sunday night, not even close to that. There is no doubt that we have to
have some number of officers there, but how can we justify the number that we
have unless we have some in Overtown,...
Commissioner Dawkins: And Mr. Mayor.
Mayor Suarez: ... in Wynwood...
Vice Mayor Alonso: Mr. Mayor.
Commissioner Dawkins: Mr. Mayor, the thing that you are overlooking is...
Vice Mayor Alonso: Mr. Mayor, I think we should discuss that with the
community. It's only fair that people in Coconut Grove get involved if we are
going to make a decision like that. It is my feeling...
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: No, they are not. I don't intend to. I don't intend to.
Vice Mayor Alonso: ... that they should be really involved and maybe using
some other areas of the Grove.
Commissioner Dawkins: The thing that's being overlooked is the merchants on
Grand, or on whatever that is, Highway can stay open because they got police
protection. The people on S.W. 8th Street can't stay open because they don't
have the police protection.
Commissioner Plummer: That's correct.
Commissioner Dawkins: The people in Overtown can't stay open at night because
they do not have this luxury of police protection.
Mayor Suarez: Not even downtown.
Commissioner Dawkins: See. Downtown cannot stay open.
Vice Mayor Alonso: We don't have it nowhere in the City.
Commissioner Dawkins: So, therefore, you've got to have... See, but
uniformity...
Commissioner Plummer: You've got have equity.
Commissioner Dawkins: That's all.
Mayor Suarez: What...
255 July 9, 1992
r]
Mr. Wechsler: Well, look...
Mayor Suarez: Wait, Lou. This is not directed at you. You brought up a
point...
Mr. Wechsler: I brought it up because I was...
Mayor Suarez: ... intelligently, rightly or wrongly. I don't...
Mr. Wechsler: I brought it up to make a point.
Mayor Suarez: ... know, but Plummer seized on it. It ties into what we did
this morning, and we ought to at least put this out for an answer by the next
Commission meeting, because, folks, this is going to be key to our analysis of
police deployment, Mr. Manager.
Commissioner Plummer: That's it.
Mr. Wechsler: But I listened all morning...
Mayor Suarez: Do we have any preliminary answers at all from anybody to
justify this, Chief?
Chief Calvin Ross: In response, we do have 13 officers that are working on
Friday and Saturday. Those officers, you are correct, they are in an off -
duty...
Mayor Suarez: Does that mean 13 at a time or 13...
Chief Ross: Thirteen at a time.
Mayor Suarez: Wowl
Chief Ross: On Friday night and Saturday night.
Vice Mayor Alonso: Thirteen.
Chief Ross: However,...
Vice Mayor Alonso: So now I have counted them and it's more than 13.
Mayor Suarez: My wife once counted more than 13, but even 13 is a huge
number, Chief.
Commissioner Plummer: Chief, who gave you that number?
Vice Mayor Alonso: Two Saturdays ago, it was 18...
Chief Ross: Allow me to say this.
Commissioner Plummer: Who gave you that number?
Vice Mayor Alonso: ... and last Saturday, 15.
256 July 9, 1992
Mr. Odio: Wait, excuse me, Commissioners.
Commissioner Plummer: Wait a minute. I counted 11 at 7-Eleven last Friday
night. Now where does the 13 come from?
Mr. Odio: Wait a minute. There are some in Cocowalk...
Commissioner Dawkins: They were in the bathroom.
Mr. Odio: Wait a minute. Cocowalk hires their own.
Mayor Suarez: There are some...
Commissioner Plummer: No, this was over...
Mayor Suarez: ... off -duty officers that you might confuse, because Cocowalk
hires how many, typically?
Vice Mayor Alonso: Maybe the difference than what we see.
Mr. Odio: For instance, I think more than four and they...
Mayor Suarez: Three our four.
Mr. Odio: ... put two on the street on the parking and they put them on the
shopping.
Mayor Suarez: And they do walk around, which I'm glad they do.
�I
Chief Ross: That does not include the officers that are normally assigned to
the area, nor does it include the officers that are being hired...
Mayor Suarez: Off -duty.
Chief Ross: ... in an off -duty capacity...
Commissioner Plummer: No. Off -duty, no.
Chief Ross: ... by other businesses.
Mayor Suarez: Occasionally, it might reach more than 11, or 13, because
people are brought in, patrollers...
Chief Ross: The reason that you have 13 there,...
Mayor Suarez: Right.
Chief Ross: the officers are there, first of all, because the area is
very congested with traffic. Also, the drug sales and the drug problems that
we have because of the pedestrian traffic and also the gang problem we have
there. There are other areas in the City, when you have that type of
congestion, be it traffic or the gang problems, we do have extra officers in
to deal with it. There is a public safety issue at stake when you have that
257 July 9, 1992
type of accumulation of people and problems, and we have placed officers in
that area to deal with it. It is a public safety issue. If you are saying
eliminate it, you are going to have more problems there because you don't have
the officers there to deal with that accumulation of people in that small
area.
Mayor Suarez: You know, what we have...
Commissioner Plummer: He told me he wanted to eliminate it. Now he's
defending it.
Commissioner Dawkins: Chief. Chief. Chief. Would you say that the area
that you are talking about is much more congested than 61st and 60th Street
from 12th Avenue to 15th Avenue where they sell drugs?
Chief Ross: Geographically,,
Commissioner Dawkins: No, no, no.
Chief Ross: I'm saying... No, well let me answer you. I'm saying to you that
you don't have the accumulation of people at 60th and 15th Avenue, or whatever
area you are talking about, like you have on Friday and Saturday night in
Coconut Grove at that location.
®_ Commissioner Dawkins: But if you give me the police protection, I'll get them
out there for you.
Commissioner Plummer: Yeah. But that's not where the drugs are being sold.
Mr. Wechsler: It doesn't have the draw. That's not fair. That's not fair.
Commissioner Plummer: The drugs are primarily being sold west of McDonald.
Am I correct, Chief?
Commissioner Dawkins: Douglas and Grand.
Commissioner Plummer: Where is the majority of the drugs being sold?
Commissioner Dawkins: Douglas and Grand.
—= Commissioner Plummer: Not where this detail is.
Vice Mayor Alonso: I tell you, you see drugs everywhere.
Chief Ross: You have problems with drugs in that area as well.
Commissioner Plummer: But the greatest problem with drugs is west of
McDonald.
Chief Ross: You have problems in that area as well.
Mayor Suarez: But not as great as west of there. Let me suggest one other
thing, Mr. Manager, as we get ready to...
258 July 9, 1992
Commissioner Plummer: I'll go from here...
Mayor Suarez: ... approve the budget, because this 1s going to be key. I
can't possibly justify 13 officers in that stretch. No way. When we have a
major event, Chief, such as Calle Ocho, you set up some observation towers
right in the middle of the street. Admittedly, those streets are not being
used by automobile traffic. You have all kinds of vehicles being used,
including - I don't know if they are golf carts. I guess they sure look like
golf carts. To me, you could deploy those 13 officers, or the reasonable
number equivalent to what is now being done by those 13, and I submit to you,
you could probably do 1t with half of the 13. You could probably do it with
six. And, Arnold, I think you know what I'm talking about here, because we've
talked about 1t for downtown. With the proper vehicles, with some... couple
of viewing towers or something that they can see farther. Those guys are
talking to people. Let me tell you, they are doing a lot of nice community
relations, but that's not what we particularly need them for, community
relations. Because the community relations there are quite good on Friday,
Saturday and Sunday nights. People are in a good mood. Sometimes they get in
too much of a good mood, I suppose. But I submit to you that's not fair and
just and logical police deployment given our limited resources.
Chief Ross: I would be more than...
Mayor Suarez: And for myself, I am not - this is about the fourth item today
that I say that I want to see a change or I am not voting for the police
budget, and I have supported your budget as to total amount. Every year,
you've asked for more resources and I will support it again this year. If we
have to get rid of some of the other departments entirely, for my taste and
for my preference, including one that I've been after for a while, which is
the Computers Department. I wonder sometimes exactly what they do. Not to
mention the planners. At least we've got the planners out on the streets now.
But your department, sir, can be better deployed, and this is the best example
of all, is that stretch having 13 officers at a time. And, of course, we've
all counted more than 13, because sometimes, like you say, they come in on
patrol, or they are off duty and they congregate to the point that you saw 11
at a 7-Eleven or whatever number you saw. So, I'm just telling you, and I'm
telling the Manager...
Commissioner Plummer: Mr. Manager.
Mayor Suarez: ... how we feel about this.
Commissioner Plummer: Mr. Manager, is it still a true statement that, that
detail costs the taxpayers of this community, every weekend, $460,000? Is
that still a true statement?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Yes, sir.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: For the total year, I mean. I'm sorry. Yes.
259 July 9, 1992
Chief Ross: Now, it's about $250,000 a year.
Commissioner Plummer: A year.
Chief Ross: Yes. And I'm not opposed...
Commissioner Plummer: He gave us a number of four sixty.
Chief Ross: No.
Commissioner Plummer: Now, you are saying how much?
Chief Ross: Two hundred and fifty thousand dollars a year.
Commissioner Plummer: How many hours do they work?
Unidentified Speaker: Five.
Commissioner Plummer: From 9:30 until... Five hours? At time and a half.
Time and a half is $40 an hour?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: No, no. Hourly rate is $26.
Mr. Al Cotera: About $27 an hour.
Commissioner Plummer: Twenty-seven dollars an hour by five, huh? Thirty-
five. OK. Go ahead. I'll figure it out. A hundred and thirty-five dollars
per man times 13.
Chief Ross: In 1991 - we have the figures here, for the total year - the
Coconut Grove detail cost $224,257.
Commissioner Plummer: It's a quarter of a million dollars according to your
numbers. It's almost a half a million dollars according to the Manager's
numbers. Is that correct?
Chief Ross: I'm sorry.
Commissioner Plummer: It's a quarter of a million dollars according to your
figures, and .it's near a half a million according to the Manager's figures.
So it's somewhere in between, give or take a half a million. It means nothing
around here. I mean...
Mayor Suarez: I can't imagine it would be $250,000. It's got to be more than
that. Thirteen officers,...
Commissioner Plummer: It's got to be more than that. But that's why I say,
it's...
Mayor Suarez: ... three nights a week, 52 weeks a year. At the rates you are
talking about, it's got to be more than a quarter of a million dollars.
260 July 9, 1992
16 0
Mr. Duke McBride: Commissioner Plummer, at the last Commission meeting
when
this was discussed, the Police Department put on the record that it was...
Commissioner Plummer: You've got to speak up, Doug.
Mr. McBride: ... $6,400 per weekend.
Commissioner Plummer: Now much?
Mayor Suarez: Six thousand four hundred...
Mr. McBride: Sixty-four hundred per weekend.
Mayor Suarez: ... per weekend. Well, that's...
Commissioner Plummer: Sixty... Who said that?
Mr. McBride: That's what they put on the record.
Mayor Suarez: That would be a little bit more than $30$000 a year.
Mr. Wechsler: Mr. Mayor, you know, I started something and didn't give
you
the rest of... You know, it's like...
Mayor Suarez: No, and what you had said...
Mr. Wechsler: It's one shoe.
Mayor Suarez: ... so far was interesting, somewhat irrelevant, but we
are
going to hear...
Mr. Wechsler: Right. But hear the other half, because I sat all morning
and
listened.
Mayor Suarez: All right. Well, we figured that out. What else did you
have
to tell us, Lou?
Mr. Wechsler: I listened all morning to you all talk to the Chief and
the
people...
Mayor Suarez: What else do you want to tell us; Lou?
Mr. Wechsler: If the Cocowalk people can buy the same off -duty policemen
at
the same hourly rate that we do in South Grove,...
Mayor Suarez: Right.
Mr. Wechsler: ... then why can't the merchants do the same thing and
not
charge the City time and a half?
Mayor Suarez: I certainly agree with that.
Commissioner Plummer: That's where we are coming to.
261 July 9, 1992
Mr. Wechsler: OK? I don't want the police protection changed. I don't want
it in any way. I live there...
Mayor Suarez: Oh, I would love the merchants to pay for it, of course.
Mr. Wechsler: ... and I think...
Mayor Suarez: It's not easy to force them, but we may be heading in that
direction.
Mr. Wechsler: But if Cocowalk can do it,...
Mayor Suarez: Yes.
Mr. Wechsler: ... and provide at the same rate that we do in South Grove,
then why shouldn't the other merchants in the other part of the Grove
recognize the problem that the police protection is needed, and that the
coverage is there,...
Mayor Suarez: Yes.
Mr. Wechsler: ... and that's...
Mayor Suarez: Cocowalk, by the way, made $6,000,000 in December of last year,
just one month. That just gives you an idea how...
Mr. Wechsler: But they are buying them at the same hourly rate that we do in
South Grove.
Mayor Suarez: Right. They certainly have plenty of money. OK.
Mr. Wechsler: And that to me is the inequity of the thing that I see.
Mayor Suarez: We totally agree, Lou.
Mr. Wechsler: It's not and in no way the deployment, because I don't think
the Chief - and we've discussed this point, and I wanted to tell you that it
was because of the NET program that we met through Mr. McManus and up through
the City Manager and had everyone that you had here this morning, we had an
intelligent discussion with people who are residents here, who have no
personal ax to grind, no agendas, and we listened to the problems. We didn't
want to yank... And they wanted to give us more help. And when the Chief
explained to us what the problems were, we backed off. But it's the economics
of it.
Mayor Suarez: I hear you.
Mr. Wechsler: That's the whole issue.
secessionists. I haven't...
Mayor Suarez: Thank you for that.
That's the same issue why we are not
Mr. Wechsler: It hasn't been proven to me...
262 July 9, 1992
a
Mayor Suarez: Thank you for that.
Mr. Wechsler: ... that the economics of this are going to work, and I don't
think any rational individual feels the same way.
Mayor Suarez: Thank you for that. God bless you for that. We need to hear
that from someone in the Grove.
Chief Ross: Mr. Mayor, may I add something to the record, please,...
Mayor Suarez: Yes, Chief.
Chief Ross: ... in regard to that particular detail. I'm certainly not
opposed to eliminating positions there and putting those officers in other
areas of the City, but let me say this to you. The reason they are there,
once again, is because of public safety issues. We can assess that until we
can assess it no more. We are still going to have to deal with the issue of
public safety and that's the reason those officers are there.
Mayor Suarez: I have suggested to you a couple of means by which you can have
them a little bit elevated...
Commissioner Plummer: You might have...
Mayor Suarez: ... in little platforms and have some vehicles they can use
other than patrol cars, which are the worst to use there. Even the rickshaws
get around better, and...
Commissioner Plummer: No, they don't use patrol cars.
Mayor Suarez: ... if you don't...
Commissioner Dawkins: Who determines public safety...
Commissioner Plummer: They walk. They don't use police cars.
Commissioner Dawkins: ... and explains what public safety is, Chief?
Mayor Suarez: They could use little bikes or something.
Vice Mayor Alonso: They don't use cars. But they walk.
Chief Ross: The Police Department does.
Commissioner Dawkins: Police? Al right. Send some... All right. Mr.
Manager. Have someone go to 62nd Street and 7th Avenue for three days and see
if there's a public safety need there. Have somebody go to 15th Avenue and
61st Street. Have someone go to 3rd Avenue and 20th Street, 3rd Avenue and
Sth Street.
Commissioner Plummer: 54th and the Boulevard.
Commissioner Dawkins: And the Boulevard. And assess that and see if there is
a public service need there.
263 July 9, 1992
Mr. Odio: I'll have my NET administrators and the NROs to assess that and
come back to you.
Commissioner Dawkins: I wouldn't care if you asked Jesus Christ to do it.
Bring me a report.
Mayor Suarez: All right. Or any other prophet...
Mr. Tom Cobb: Yes.
Mayor Suarez: Yes, sir.
Commissioner Plummer: Hey! When you go with that blasphemy, watch out for
the lightning.
Mayor Suarez: Please. We are going to get back to you, but you've already
had your say, at least once today, Mr. McBride. Quickly, everybody. Please,
Commissioners, I ask you to let everyone make their presentation, please, so
we can get on to the other items. It's 6:21. Yes.
Mr. Cobb: I want to talk to you briefly about two issues. One of them is
the...
Commissioner Plummer: Tell us who you are first.
Mr. Cobb: Tom Cobb is my name, 3525 Royal Palm. I'm here on my own time, and
I'm not normally an aroused citizen, but let me tell you something. If you
are surprised to hear that police protection and public safety is the number
one concern...
Mayor Suarez: We are not surprised to hear that. Go ahead.
Mr. Cobb: Well, then you'll be surprised at the polls. You will be. If you
are surprised to hear that. It is the number one concern of all kinds of
people.
Mayor Suarez: Absolutely.
Commissioner Plummer: We are not surprised, sir. Why do you think we've been
meeting here all day about it?
Mayor Suarez: We are not surprised at all. We understand that.
Mr. Cobb: Number two, you've been looking at the trees involved, but the
forest is that the public is very concerned and people are starting to get
aroused about this, at all levels of society.
Commissioner Plummer: Sir, were you here this morning?
Mr. Cobb: No.
Commissioner Plummer: Because we spent...
264 July 9, 1992
Mayor Suarez: Please give him a transcript. Give him a transcript of this
morning.
Commissioner Plummer: We spent five hours on this issue this morning.
Mr. Cobb: Don't start the bullets flying in Coconut Grove on Saturday night
again, between the gangs. Don't do that, or, you know, some of you won't be
back.
Mayor Suarez: Are you implying that you think that 13 officers are needed in
that stretch that we were talking about before, right there on Main Highway?
Mr. Cobb: I don't purport to be a police official and I don't...
Mayor Suarez: As a lay person?
Mr. Cobb: ... purport to be a criminologist. I purport to be a citizen,...
Mayor Suarez: All right.
Mr. Cobb: ... and I think it's necessary to have a very...
Mayor Suarez: That was certainly one of the fears, the gang situation.
Mr. Cobb: ... a very strong police presence down there.
Mayor Suarez: All right. Anything else?
Mr. Cobb: That's it.
Mayor Suarez: Thanks. Duke.
Mr. McBride: Mr. Mayor, Commissioners. My name again for the record is Duke
McBride, I'm the president-elect of the Miami Roads Neighborhood Civic
Association and I just want to say briefly, and answer two questions that were
asked. The printed material, Mr. Mayor, does indeed work. Our Association,
along with Coral Gate, put out quarterly newsletters. Just the Roads
Association disseminates those newsletters to about 1,600 households. We
inserted those materials two weeks ago in our newsletter delivery and the
amount of volume of calls to the Coral Way NET office has more than tripled,
and they are responding to a lot of those.
Mayor Suarez: Very good.
Mr. McBride: To answer the second question. I'm not going to address the
police POP (Push out the Pushers) and special police part of the NET because I
personally don't comprehend it. However, the administrative part of NET that
has administrators and other support staff in the neighborhoods, in our
neighborhood is extraordinarily welcomed. We are getting incredible responses
to some of what seemed not important needs to you of the people, but what are
important to the people. Our code enforcement response by having someone like
Pablo out on the street has been enormous and he was able to help develop the
structure of having neighborhood code enforcement officers that know the area
and know the complaints and complaintants. Secondly, one of the most
important things...
265 July 9, 1992
Mayor Suarez: That was just one item? - all of that.
Mr. McBride: Yes. Secondly, our areas and our community really thinks that
we need - and you've heard all morning -decentralization, and I will give you
one example where I think this NET (Neighborhood Enhancement Team) is going to
help. This year we went through months and months, independent boards, staff
reports and everything on the CDBG (Community Development Block Grant)
funding, and the final recommendation that came to you, included almost
nothing for the Haitian community. And I think if we decentralize
departments, and have people like Francina Brooks in the street, they would
have been able to see that before it came to you for a final recommendation.
Mayor Suarez: Very good. Thank you, Duke.
Mr. McBride: Thank you.
Commissioner Plummer: But when it did come here, we did recognize it, and we
did do something about it. Make the record clear.
Ms. Caridad Mora: OK. My name is Caridad Mora. I live at 3110 S.W. 19th
Terrace. I am President from, one, The Homeowners Association. I really got
scared. I almost want to walk away from here because it is so much
controversy like it is very hard to put everything in one place, and
everything is going to sound perfect in one moment. That means I know it is a
lot of money involved, but people are very confident for what these people are
doing. Everybody pays money no matter what. We are doing money, paying taxes
for all of these years and everything was the same way, and we don't get
anything. At least this time we see people walking around and doing something
for everybody. It is costing money I know. Everything is budget, but I
believe that they are doing the best they can, and we are very pleased for
that. Anything else, I don't know, but I think, God bless, everybody tries to
help everything. Thank you for the Mayor, and all the Commissioners, and
everybody that is involved in this.
Mayor Suarez: Thank you, ma'am.
Ms. Mora: Thank you.
Mayor Suarez: Mr. Johnakin, we were waiting for you this morning, sir.
Mr. Thelbert Johnakin: Thank you, Mr. Mayor, members of the Commission, and
Mr. Manager. About three months ago I was here before you.
Commissioner Plummer: Your name.
Mr. Johnakin: Oh, sorry. My name is Thelbert Johnakin, 1345 N.W. 51th
Street. About three months ago I was here before you, and my concern was,
where was the money going to come from for this program. I was told that we
had the money. I was... Then I said to you all that you have the money, Mr.
Manager, we are going to make this program work, and the program in Model
City, it is working, because we are making it work, and we are going to
continue to make it work. I don't know where the money is coming from, but as
long as the program is out there, it is going to work because we are going to
266 July 9, 1992
make it work. One thing I would like to say, right now I am on my way to a
meeting, that is why everybody is letting me skip in front of here. A few
months ago we had 101 members. Those are regular members. Tonight, we are
going now to 118 regular crime prevention meetings, groups of people, not
coming in all at one time sometime, but we are going to have to move out of
the Substation now because we don't have enough room, we only have standing
room only.
Mayor Suarez: That is how many groups, or how many individuals?
Mr. Johnakin: What we have now, we have the AARP group that 1s coming in with
us, CAA, the Crime Prevention group is in with us...
Mayor Suarez: But you said 118, what?
Mr. Johnakin: A hundred and eighteen members.
Mayor Suarez: Members, right.
Mr. Johnakin: Yeah. A hundred and eighteen members.
Mayor Suarez: That is about as large as you can get.
Mr. Johnakin: Altogether...
Mayor Suarez: And you are meeting at the North Substation?
Mr. Johnakin: The North Substation, and this meeting is going to start at
seven o'clock.
Mayor Suarez: Very good.
Mr. Johnakin: See, I know that the program is working because we are helping
to make it work. We have a group of people tonight it is coming up under one
umbrella every month.
Mayor Suarez: Who 1s up there now as Commander? Is that Lanier still, or...
[INAUDIBLE RESPONSE] Cheathem.
Mr. Johnakin: And on the last meeting, the Chief is here, he can tell you
that is was only standing room only, and when people are concerned...
Mayor Suarez: Did he go?
Mr. Johnakin: Yes. The Chief was there with us for two...
Mayor Suarez: Let me throw one compliment in your direction that...
Mr. Johnakin: The Chief was there with us...
Mayor Suarez: ...police Chiefs don't usual attend those things in other
cities, folks.
267 July 9, 1992
Mr. Johnakin: The Chief was with us there for two hours. Actually we just
couldn't get out of this meeting because we had new people coming. I think it
was like three or four block captains was up there that night. So, the NET
Program it is working, where the money is coming from we don't know, but the
only thing I know, we are going to make it work. There is no program, as I
have said before, that is going to work by itself. We will have to make it
work, and I would like to say to you, Mr. Manager, again, as long as we can
get the stuff to work with, your program will work.
Mayor Suarez: Sir, I'll tell you, you were working at this when I was first
elected, and you are still at it after seven years. You have incredible
staying power.
Mr. Johnakin: That is how I know the program, Mr. Mayor.
Mayor Suarez: All right. You still are... yield over here, Clemente?
Mr. Clemente Montalvo: Why don't you take him first.
Mr. Joe Wilkins: Yeah. Thank you.
Mayor Suarez: Everybody is so deferential. Yes, quickly.
Mr. Joe Wilkins: Joe Wilkins, 228 S.W. 23rd Road. As Chairperson of the of
the Community wide Crime Prevention Council I have been asked by Chief Ross to
report to him, monthly, on the NET Program. We are making as part of our
monthly agenda for each subcouncil to report on the progress of at least the
police portion of the NET Program. At the meeting in June we had two
subcouncils where there had not been, we felt, sufficient communication
established with their NROs (Neighborhood Resource Officers), but there were
ten, out of the twelve subcouncils, that were very happy, or at least, had no
complaints regarding the program. As a neighborhood activist it has been the
first time, in a long time, that I have begun to receive compliments rather
than complaints, regarding City service. This is new. This is unusual, but I
think we can get used to it. I think it is important. We are making a major
change, but I think it is a change for the better, and we will be monitoring
it on a continuous basis, and, like I said, we'll be back with our reports.
Thank you.
Mayor Suarez: Very good. Clemente.
Mr. Clemente Montalvo: Good evening. It is real late. My name is Clemente
Montalvo, I live in Wynwood. My address is 47 N.W. 30th Street. The first
day I heard about this NET Program I found out that Cesar Odio had something
in mind, and the idea didn't come into my head, and I didn't like it, but
after it has been there for almost a months now, he has done a lot. Mr.
Mayor, you have been there. Mr. Plummer, you have been there a couple of
times. As of the last 27 days, 35 days now, it is... he has done a lot. The
NET Program I think it works if we all give it a chance. Mr. Plummer, give it
a chance. Mr. Dawkins, you are back there hiding behind that chair. I think
we should try to give everybody a chance. OK. Our community has been in
limbo for the last two years. As a committee organizer and board member of
the Wynwood Advisory, I think we gave this, Mr. Carrasquillo, a chance, and
Mr. Odio, at least a little bit of a chance, it has been this so... this
268 July 9, 1992
length of time, forty-eight percent (48%) of the neighborhood has been cleaned
up. Hotels, we still need more but you have got to, at least, give us a
chance. Because money wise routine doesn't... I mean I don't like this
between out here it is officials, elected officials. Million dollar here, a
million dollar there. All of you know, Mr. Cesar Odio here. You know that
money doesn't grow on trees, but 1f we can ail, as residents of this
community, give it just a little bit of chance, and stop arguing about money
for just once, and really give it... let them try... let them work at it.
If it doesn't work in 90 days, then go ahead, shut it down, but let's all try
as residents and as elected officials. Thank you.
Mayor Suarez: Thank you.
Commissioner Dawkins: Hey just... But don't leave. Don't leave. Don't
leave. OK?
Mr. Montalvo: Why, you going to hit me to like you hit everybody else. Come
on, will you.
Mayor Suarez: Please. Please, Clemente. Just listen to the Commissioner.
Mr. Montalvo: Go ahead.
Commissioner Dawkins: That is all right. No sense in talking to him. Bye.
Thank you.
Mayor Suarez: All right. Sam.
Commissioner Plummer: Just for the record. This is the 90th day.
Mr. Montalvo: But they just opened... and...
Commissioner Plummer: You said give it a chance for 90 days.
Mr. Montalvo: ...June. June 6th. In our neighborhood it opened June 6th.
Mayor Suarez: In Wynwood it opened recently. Yeah.
Mr. Montalvo: OK. Don't come in the 90 days routine.
Commissioner Plummer: OK.
Mr. Montalvo: It came and opened June 6th. OK.
Commissioner Plummer: As far as I am concerned...
Mr. Montalvo: All right, so.
Commissioner Plummer: ...it has got its chance to prove itself before October
1, that is another 90 days.
Mayor Suarez: All right.
Mr. Montalvo: That is great enough. Just give it a chance.
269 July 9, 1992
A
Mayor Suarez: Vice Mayor...
Mr. Montalvo: Thank you.
Mayor Suarez: Sam.
All right. Thank you, Clemente.
Mr. Sam Mason: Mr. Mayor, Vice Mayor, Commissioners, Manager. In terms of
the NET Program, as I see it, in the Model City, Liberty City area. We look
at it that the... That we are bring the service to the people. We have a
quicker response as related to problems that we can go to this office that is
in our community, and we had the good fortune of having a young man who knew
our community as he knew his own community, and he worked out there before he
was even assigned to this assignment. It is working because we have hands on
connections with our Manager's office. They are young managers, and they are
out there so we have someone to beat on real close to us, and I think it is a
good thing because we can get our frustrations off right away because we have
that person there. I had the opportunity to work with one of our famous
Mayors in New York, Mayor Lindsey. He had a program similar to this. He
became very famous because he had a chance to bring the service to the people,
and it was an excellent service, and as the record will recall he was one of
the greatest Mayors that we had in New York. Thank you very kindly.
Mayor Suarez: Thank you, sir. Margaret.
Ms. Doris Scheer: Mayor, Commissioners, my name is Doris Scheer.
Mayor Suarez: Doris.
Ms. Scheer: I live at 1840 Coral Way Drive. My family has had a garment
manufacturing business in Wynwood, or the fashion district, since 1963. The
NET Program is the most successful program instituted during your terms of
office. It could be a prototype for all municipalities, not just Atlanta and
St. Louis, and it would be very nice to be known nationally for a positive,
innovative program. Our administrator, in the business community, Mr.
Carrasquillo, has shown us that there is a light at the end of the tunnel.
Please give Mr. Carrasquillo, and this program, a chance to succeed. You will
make a happy, happy business person, property owner, who will not run down and
ask for reduction of his property taxes, which they do every year. We will
have people coming in buying property in our neighborhood, and paying more
taxes which, certainly, will increase your tax base.
Mayor Suarez: Very good. Thank you.
Ms. Scheer: What I would like to hear from...
Mayor Suarez: Oh.
Ms. Scheer: ...are the people who are the negatives. We have heard the
positive. I could have written a letter instead of just saying that. I
assume we are here because there are complaints. I would like to hear the
people who do have complaints. Thank you.
Mayor Suarez: Thank you. Dorothy.
270 July 9, 1992
Ms. Dorothy Quintana: My name is Dorothy Quintana. I live at 263 N.W. 34th
Street.
Mayor Suarez: You probably should go home at this point. You are doing
pretty well today I think you should...
Ms. Quintana: Do you know me?
Vice Mayor Alonso: I think she has done great.
Ms. Quintana: You don't know me.
Mayor Suarez: You are 2 and 0...
Ms. Quintana: I am new here.
Mayor Suarez: ...and I don't know that...
Vice Mayor Alonso: Yes.
Mayor Suarez: I mean the only two items we have taken...
Vice Mayor Alonso: She has two, yes. She wants three.
Mayor Suarez: ...up all day just about. Wowl
Ms. Quintana: All right. What I have to say is that I am very happy with
NET, very, very happy. I was very unhappy before because we have a very bad
neighborhood. One of the worst I think because we have an ethnic group of
every nationality, and each one of them has something very good about them
anyway. But since NET has come in our neighborhood we have a lot of rest. A
lot of them have been arrested. A lot of work has been done. Let me tell you
it has been some cleaning that I am happy that I go on the street again. I
can walk again, which I was afraid before. My husband sold my car, so I don't
drive, because they can put me out of the car, and know, I told my husband I
want a car again because the neighborhood is beautiful, and if I can bring the
people that went to the meeting the other day that Mr. Luis had, and Mr.
Carlos Smith went to the meeting that we had. We call them, and let me tell
you, the people there... They are very happy, and they are willing to come
here. If you want me, I go over there and speak because it is a good
neighborhood now. It is a safe neighborhood. We still have a lot to do, and
let me tell you. It is only about a month, I think, that we have that... One
month. And if one month we did that, let me tell you, I think we are going to
clean up Wynwood. We expect that. Thank you.
Mayor Suarez: Thank you, ma'am. Mary.
Ms. Mary Taylor: Good evening, Mr. Mayor, Commissioners, Mr. Manager. I am
her representing T. Willard Fair who is away. "This letter is written to
voice the Urban League of Greater Miami's continued strong support for the
Neighborhood Enhancement Team. We are cognizant of the value and importance
of such a program for it mirrors efforts which the Urban League has sought to
implement through its Liberty City Renaissance Program, and the Push Out the
271 July 9, 1992
Pusher, over the past 5 years. I apologize for not being able to, personally,
be with you to endorse the continuation of NET, for I am in New York on Urban
League business, but I do not want to state that based on our experience this
program can and will work. It is our belief that government must move closer
to community in order to effectively deal with neighborhood problems. It is
our desire to empower Liberty City residents to improve their community
through the establishment of an effective working relationship with NET. We
realize that only through multilevel involvement can this process be
effectuated and shared values and goals established. We look forward to
continuing our working relationship with NET, in Liberty City, as community
problem solving approaches are developed that address the underlying dynamics
which impact the quality of life in our community. Sincerely, T. Willard
Fair, President and CEO (Chief Executive Officer), Urban League." Thank you.
Mayor Suarez: Thank you, Mary. That is it. Last one.
Ms. Sabrina Baker-Bouie: Yes. Good evening I am Sabrina Baker-Bouie. I am
with Miami Dade Community College, Overtown Neighborhood Partnerships Program,
the address is...
Mayor Suarez: Formerly with us.
Ms. Baker-Bouie: Formerly with the City of Miami. Address, 1550 N.W. 3rd
Avenue. We are here, also, to lend support to the NET Program. We see it as
the great potential for us to work very closely with the City of Miami, and
doing some very positive things in Overtown. We have a lot of plans underway,
and we hope that we will have a long working relationship with the City and
the NET Program. Thank you.
Mayor Suarez: Thank you, Sabrina. Ladies and gentlemen I think we got to
move on some other items. Vice Mayor Alonso, quickly.
Vice Mayor Alonso: Yes. I have very brief comments. Obviously NET has a
wonderful line of communication with the people. We see the number of people
that came, so they were notified. So that shows to us that they are
communicating in the neighborhoods. We see the people who are in favor came,
we didn't see one person against, so definitely, we see that the line of
communication is excellent with the people who think that the program is
great. I am very impressed. They are doing a great job. I just hope that
they do communicate with the rest of the people. I believe that NET will be a
success if it works with the people. As we see communities getting closer
together with NET, the community will make the program work, and definitely,
we see in the areas that the community is very supportive. We are seeing
results, and that is very impressive. Also, Mr. Manager, I think that the
people here today, had the definite impression that we are going to cut NET.
For some reason they were given this impression when they were invited to
come. What you should be doing in order to guarantee that NET, if in fact, is
what the people want, and it 1s successful, I think you have to prepare a
budget that covers the expenses of NET. NET, in fact, costs, but 1f it is
something worth having, we have to have it in our budget. It is as simple as
that.
Mr. Odio: May I explain the reasoning behind... what I consider NET...
consider NET, as an Administrator, a crossover over every department. So
272 July 9, 1992
think that every department has to share it, into the cost because they do
planning, they would do something for solid waste, they would do something for
Code Enforcement. They cross over every line, which is the intention of the
NET Program. So they are really an overhead account. And what we are trying
to do is...
Vice Mayor Alonso: Yeah. But it does cost additional monies, and you have to
look into the budget...
Mr. Odio: Well the way...
Vice Mayor Alonso: ...how you will include that.
Mr. Odio: The word additional... That is the one word I... there is no
additional cost.
Vice Mayor Alonso: Well you have to look at the budget when you present that
to us. I imagine you will include that. And, also, may I ask you. Is Pablo
Canton supervisor of the entire NET Program?
Mr. Odio: No, he is not.
Vice Mayor Alonso: Why do people have that impression?
Mr. Odio: I don't know because he... Pablo Canton is the Administrator for
Little Havana for a month. For one month so that we could have coordination,
since we were taking the inspectors from under him out to the neighborhood
offices. We let him do crossover, but his responsibility is exactly the one
as the others, Little Havana.
Vice Mayor Alonso: So he is not...
Mr. Odio: He is not...
Vice Mayor Alonso: ...in any supervisor capacity?
Mr. Odio: He is not... Every inspector, right now, are under the supervision
of each NET Administrator directly.
Vice Mayor Alonso: People in different neighborhoods...
Mr. Odio: Well then you...
Vice Mayor Alonso: ...mentioned to me,...
Mr. Odio: Well.
Vice Mayor Alonso: ...Pablo as working with NET...
Mr. Odio: No.
Vice Mayor Alonso: ...today. He is not.
273 July 9, 1992
Mr. Odio: Pablo's responsibilities are very clear, Little Havana. And like I
said he was helping us out in making the move of centralization of inspectors
to decentralization. That is over with. Each inspector is now working for
their administrators. They are now in tune with the communities they work at,
and we don't need a central supervision any more.
Vice Mayor Alonso: OK.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Dawkins.
Vice Mayor Alonso: And if I may, one last question. Why... The neighborhood
resource officer that appears in downtown and in Coral Way Service Center...
Mr. Odin: Yes.
Vice Mayor Alonso: ...it is because they cover portions of Brickell Avenue.
Mr. Odio: Portions of Brickell... Brickell and the Roads section got kind of
intertwined and at one point we.., Like I said we were trying to get
community input, and we went down to Brickell Avenue's Association meetings.
They wanted a NET office there, on their own, and I did not want to create a
twelfth office. So what we did... They volunteered... We have an NRO
(Neighborhood Resource Officer) in Brickell and one in the Overtown Park West
office. Because it is quite an extensive area especially because of the
volume of people you have in downtown. So that is the only place that you
have two NROs.
Vice Mayor Alonso: So actually it is because it is divided into two...
Mr. Odio: It is divided into two.
Vice Mayor Alonso: ...in order to cover Brickell Avenue...
Mr. Odio: To cover Brickell Avenue.
Vice Mayor Alonso: ...not because they are having additional service.
Mr. Odio: No. Because it is a different... Brickell is totally...
Mayor Suarez: The less you use acronym the better. We have got one already
with NET.
Mr. Odio: Neighborhood Resource Officers.
Mayor Suarez: Thank you.
Mr. Odio: Police officer.
Mayor Suarez: All right. Commissioner Dawkins. This is going to be like the
army here pretty soon.
274 July 9, 1992
Mr. Odio: Can I put something on the record, Mr. Mayor. I think it is
impressive. Once in the jobs program, which we wanted to decentralize because
we felt that the unemployed, especially in areas that are depressed, could not
pay for a bus, or a taxi or some way to get downtown to apply for the job, and
since we opened NET, especially in Model City, we had an increase of five
hundred and fifty applications for jobs, and we were lucky enough to place
thirty-three already, in jobs. The other thing is, since we opened NET, and
you have to remember that NET was only an idea January the 16th, and that in
April we didn't have any offices open. We had to find locations for their...
to open offices that would not cost anything, and all the offices are now
fully operational, and like I said, it was only a conception in January the
16th. Since then we have received actual... These are actual complaints by
the neighbors of 1607, and actually we solved 1230 of them, and we have
attended over 243 community meetings. That was the first phase of phase.
Open, establish communication and begin to receive complaints. The second
phase is more complicated. That is when we begin to set goals and objectives
that are measurable, that we could bring then to you and say these are the
goals and objectives established by the neighborhoods, not by the City, and
that we will agree to follow, and then bring to you, and that is the second
phase. We are starting that. The first workshop is in the Roads section,
with the community. They organize the meeting July 18th. It is an all day
meeting, and you are welcome to come. There the Neighborhood Association will
set the goals for their community.
Vice Mayor Alonso: I believe...
Commissioner Dawkins: Mr. Mayor.
Vice Mayor Alonso: ...that certain areas you will have to work closer with
the people to train them to be more actively involved because it is not...
Commissioner Dawkiw,: Mr. Mayor.
Mr. Odio: I told Freddy Santiago that yesterday. We need to get everyone in
Wynwood to participate.
Mayor Suarez: And in the poor areas it is that much more difficult...
Vice Mayor Alonso: Much more difficult.
Mayor Suarez: ...because people don't have as much leisure time. Yes,
Commissioner Dawkins.
Commissioner Dawkins: First, let me make it clear to everybody out there.
Nobody on this Commission was anti -NET, nobody. But I said at the beginning,
I am going to say it now, and I am going to say until I get it. I cannot
support nothing that I do not have measurable goals to measure it by. Now,
the Manager said that when he put this in place that he did not need
Commission approval to do it, and he went ahead and did it, I don't have no
problem with it. If it works, it will make the City of Miami a better place
for all of us, but until... And I will continue to sit here and tell you that
until I see some goals and some objectives, that I can measure by, not
somebody coning telling me that they got better this or better that, or they
got a better other. Until you can show me that the lot clearing in Liberty
275
July 9, 1992
..
City is adequate, and all the lots are clean, just like in the Roads area
where they are satisfied. Where there is just as much satisfaction as it is
with their code violations, and just like in Wynwood where they are satisfied
with the street being clean, and I have something to evaluate the program
with, then I will give you by assessment of it. Until then I will have to
reserve my judgement of the NET Program and wish it luck.
20. CONSENT AGENDA.
Mayor Suarez: All right. I am inclined to try to go quickly through the
agenda as stated, and so would go, first of all, right away, to the consent
agenda, which is item CA what through what, please? One through what? Oh,
yes, and Vice Mayor has got one that she particularly wants us to take up. I
certainly will do that. Does anybody know the consent agenda numbers, please,
so I can call it out real quick. I have got so many papers here at this
point.
Ms. Matty Hirai: Through CA-24, Mr. Mayor.
Mayor Suarez: Through what?
Vice Mayor Alonso: Twenty-four.
Ms. Hirai: CA-24.
Mayor Suarez: CA-1 through 24. Does anyone wish to have any of those items
clarified, Commissioners, if not, we will...
Commissioner Dawkins: Pull 16.
Commissioner Plummer: No, no, no. I want 15, 16, 17, 18, 19, for sure, and I
am trying to find the other two.
Mayor Suarez: OK. Fifteen through 19 for separate clarification or inquiry.
Vice Mayor Alonso: Fifteen, 16, 17...
Mayor Suarez: Ladies and gentleman we were...
Commissioner Plummer: Eighteen, and 19.
Mayor Suarez: ...going to vote on this consent agenda...
Commissioner Plummer: They are all basically Law Department.
Mayor Suarez: ...as one item, CA-1 through CA-24, with the exception of 15
through 19. Anyone who wishes to be heard on any of those items, please step
forward. Let the record reflect that no one did, and are you pretty sure now
that you don't need any others?
276 July 9, 1992
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Commissioner Plummer: I am trying to find...
Mayor Suarez: If you come up with any others we can reconsider them.
Commissioner Dawkins: So moved.
Commissioner Plummer: There is two others in here where we are expanding
contracts, and I am trying...
Mayor Suarez: Commissioner, why don't we go ahead and start the inquiry on 15
through 19. In the meantime move the rest. If you need any reconsidered
please let us know.
Commissioner Plummer: Mr. Mayor, my question on 15 is...
Mayor Suarez: No, let's vote on the rest of the consent agenda, please.
Items 1 through 24 I entertain a motion made by Commissioner Dawkins.
Commissioner Dawkins: I move the motion and if J. L. Plummer...
Mayor Suarez: Yeah.
Commissioner Dawkins: ...finds the two that he wants, we come back to those.
Mayor Suarez: For reconsideration...
Commissioner Dawkins: I move the rest of the agenda.
Mayor Suarez: So moved and seconded by Vice Mayor. Call the roil.
THEREUPON MOTION DULY MADE MY COMMISSIONER DAWKINS AND
SECONDED BY VICE MAYOR ALONSO, THE CONSENT AGENDA
ITEMS PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
277 July 9, 1992
E.
20.1 AUTHORIZE FUNDING OF THE GUARDIAN AD LITEM PROGRAM -- ALLOCATE FUNDS
(Law Enforcement Trust Fund).
RESOLUTION NO. 92-435
A RESOLUTION AUTHORIZING THE FUNDING OF THE GUARDIAN
AD LITEM PROGRAM AND ALLOCATING FUNDS THEREFOR, IN
THE AMOUNT OF $4,900, 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.)
20.2 AUTHORIZE INCREASE IN FUNDING OF THE OFFICER FRIENDLY PROGRAM --
ALLOCATE FUNDS (Law Enforcement Trust Fund).
RESOLUTION NO. 92-436
A RESOLUTION AUTHORIZING AN INCREASE IN THE FUNDING
OF THE OFFICER FRIENDLY PROGRAM, AND ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $46,700,
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.)
20.3 ACCEPT PROPOSAL: AFTER HOURS CLEANING SERVICES -- FOR FURNISHING
CUSTODIAL MAINTENANCE SERVICES TO MIAMI POLICE DEPARTMENT NORTH
SUBSTATION, INCLUDING FRONT PARKING LOT AND REAR PARKING GARAGE
(CONTRACT BASIS).
RESOLUTION NO. 92-437
A RESOLUTION ACCEPTING THE PROPOSAL OF AFTER HOURS
CLEANING SERVICES FOR THE FURNISHING OF CUSTODIAL
MAINTENANCE SERVICES TO THE MIAMI POLICE DEPARTMENT
NORTH SUB -STATION, INCLUDING FRONT PARKING LOT AND
REAR PARKING GARAGE, ON A CONTRACT BASIS FOR A
PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
AN ADDITIONAL ONE (1) YEAR PERIOD FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION AND SOLID
WASTE/PROPERTY MAINTENANCE DIVISION AT A TOTAL
PROPOSED ANNUAL AMOUNT OF $51,804.00; ALLOCATING
FUNDS THEREFOR FROM THE 1992-93 OPERATING BUDGET,
ACCOUNT CODE NO. 421001-340; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS SERVICE AND
THEREAFTER TO EXTEND THIS CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR AN ADDITIONAL
ONE (1) YEAR PERIOD AT THE SAME PRICE, TERMS AND
CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS.
278 July 9, 1992
(Here follows body of resolution, omitted here and
on file 1n the Office of the City Clerk.)
20.4 ACCEPT PROPOSAL: VISTA BUILDING MAINTENANCE -- FOR FURNISHING CUSTODIAL
MAINTENANCE SERVICES TO THE DON HICKMAN ADMINISTRATION BUILDING AND FIRE
TRAINING CENTER (CONTRACT BASIS).
RESOLUTION NO. 92-438
A RESOLUTION ACCEPTING THE PROPOSAL OF VISTA
BUILDING MAINTENANCE FOR THE FURNISHING OF CUSTODIAL
MAINTENANCE SERVICES TO THE DON HICKMAN
ADMINISTRATION BUILDING AND FIRE TRAINING CENTER ON
A CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR WITH
THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR
PERIOD FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE/PROPERTY MAINTENANCE
DIVISION AT A PROPOSED ANNUAL AMOUNT OF $60,460.80;
ALLOCATING FUNDS THEREFOR FROM THE 1992-93 OPERATING
BUDGET, ACCOUNT CODE NO. 421001-340; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE
AND THEREAFTER TO EXTEND THIS CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, 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.)
20.5 AUTHORIZE PURCHASE OF A TRAINED BELGIUM MANUIOS POLICE DOG -- ALLOCATE
FUNDS (Law Enforcement Trust Fund).
RESOLUTION NO. 92-439
A RESOLUTION AUTHORIZING THE PURCHASE OF A TRAINED
BELGIUM MANUIOS POLICE DOG AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $5,500, FROM
THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE
HAVING BEEN APPROVED BY THE CHIEF OF POLICE AND
BEING SUBJECT TO APPLICABLE CITY CODE PROCUREMENT
PROVISIONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
279 July 9, 1992
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K]
20.6 ACCEPT BID: B. SHEHADI AND SON -- FOR REPLACEMENT OF FLOOR COVERING AT
MIAMI POLICE DEPARTMENT E-911 CENTER.
RESOLUTION NO. 92-440
A RESOLUTION ACCEPTING THE BID OF B. SHEHADI & SON
FOR THE REPLACEMENT OF FLOOR COVERING AT THE MIAMI
POLICE DEPARTMENT E-911 CENTER FOR THE DEPARTMENT OF
POLICE AT THE PROPOSED AMOUNT OF $19,250.00;
ALLOCATING FUNDS THEREFOR FROM THE E-911 FUND,
PROJECT NO. 506001, INDEX CODE 420604-270;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
20.7 AUTHORIZE PURCHASE / INSTALLATION OF TWO TELEPHONE COUPLERS (UNDER
EXISTING STATE OF FLORIDA CONTRACT NO. 725-630-90-1) -- FROM DICTAPHONE
CORPORATION -- EQUIPMENT TO PROVIDE FOR FCC REQUIRED BEEP TONES ON ALL
RECORDED TELEPHONE LINES FOR POLICE DEPARTMENT (previously allocated
from Law Enforcement Trust Fund).
RESOLUTION NO. 92-441
A RESOLUTION AUTHORIZING THE PURCHASE AND
INSTALLATION OF TWO TELEPHONE COUPLERS UNDER
EXISTING STATE OF FLORIDA CONTRACT NO. 725-630-90-1
FROM THE DICTAPHONE CORPORATION IN AN AMOUNT NOT TO
EXCEED $14,160.00, SAID EQUIPMENT TO PROVIDE FOR FCC
REQUIRED BEEP TONES ON ALL RECORDED TELEPHONE LINES
FOR THE DEPARTMENT OF POLICE, USING FUNDS PREVIOUSLY
ALLOCATED FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NO. 690001, ACCOUNT CODE NO. 290977-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAID PURCHASE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
280 July 9, 1992
20.8 ACCEPT BID: LEWIS GREEN CONSTRUCTION, INC. -- FOR MODIFICATIONS TO FIRE
STATION NO. 2 (B-2974-E) (CIP 313018) -- EXECUTE CONTRACT.
RESOLUTION NO. 92-442
A RESOLUTION ACCEPTING THE BID OF LEWIS GREEN
CONSTRUCTION, INC., IN THE PROPOSED AMOUNT NOT TO
EXCEED $50,000.00, TOTAL BID OF THE PROPOSAL, FOR
MODIFICATIONS TO FIRE STATION NO. 2 B-2974-E, WITH
THE MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR
1991-92 CAPITAL IMPROVEMENT ORDINANCE NO. 10938,
PROJECT NO. 313018, IN THE AMOUNT OF $50,000.00 TO
COVER THE CONTRACT COST AND $14,736.00 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$64,736.00; 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.)
20.9 ACCEPT BID: VAN TOPOLE CONSTRUCTION, INC. -- FOR MODIFICATIONS TO FIRE
STATION NO. 8 (B-2974-G) (CIP 313018) -- EXECUTE CONTRACT.
RESOLUTION NO. 92-443
A RESOLUTION ACCEPTING THE BID OF VAN TOPOLE
CONSTRUCTION INC., IN THE PROPOSED AMOUNT NOT TO
EXCEED $59,450.00, TOTAL BID OF THE PROPOSAL, FOR
MODIFICATIONS TO FIRE STATION NO.8 B-2974-G, WITH
MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1991-
92 CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT
NO. 313018, IN THE AMOUNT OF $59,450.00 TO COVER THE
CONTRACT COST AND $16,376.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $75,826.00;
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.)
281 July 9, 1992
i
20.10 ACCEPT BID: ALL CONSTRUCTION, INC. -- FOR PAN AMERICAN DRIVE MEDIAN
IMPROVEMENTS (B-2993-A) (CIP 415002) -- EXECUTE CONTRACT.
RESOLUTION NO. 92-444
A RESOLUTION ACCEPTING THE BID OF ALL CONSTRUCTION,
INC., IN THE PROPOSED AMOUNT NOT TO EXCEED
$32,450.00, TOTAL BID OF THE PROPOSAL, FOR PAN
AMERICAN DRIVE MEDIAN IMPROVEMENTS PROJECT B-2993-19
WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR
1991-92 CAPITAL IMPROVEMENT ORDINANCE NO. 10938,
PROJECT NO. 415002, IN THE AMOUNT OF $32,450.00 TO
COVER THE CONTRACT COST AND $8,304.00 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$40,754.00; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
20.11 AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO AGREEMENT WITH MIAMI-DADE
COMMUNITY COLLEGE (MDCC) -- FOR CITY'S RENDERING OF IN-SERVICE FIRE
TRAINING -- EXTEND AGREEMENT PERIOD FROM AUGUST 1, 1992 - JULY 31, 1993.
RESOLUTION NO. 92-445
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, TO THE EXISTING AGREEMENT BETWEEN
THE CITY OF MIAMI AND MIAMI-DADE COMMUNITY COLLEGE
(M.D.C.C.) FOR THE CITY'S RENDERING OF IN-SERVICE
FIRE TRAINING, THEREBY EXTENDING THE PERIOD OF SAID
AGREEMENT FROM AUGUST 1, 1992 THROUGH JULY 31, 1993,
AND ALLOCATING FUNDS THEREFOR FROM THE FIRE, RESCUE
AND INSPECTION SERVICES DEPARTMENT'S GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 280201-180.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
20.12 AUTHORIZE MANAGER TO EXECUTE INTERLOCAL AGREEMENTS WITH DESIGNATED
PUBLIC AGENCIES TO IMPLEMENT THE: SWITCH WITH ANOTHER PARAMEDIC (SWAP)
PROGRAM.
RESOLUTION NO. 92-446
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE INTERLOCAL AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH OTHER PUBLIC
AGENCIES IN ORDER TO IMPLEMENT THE "SWITCH WITH
ANOTHER PARAMEDIC" (SWAP) PROGRAM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
282 July 9, 1992
20.13 ACCEPT CITY OF MIAMI COMPREHENSIVE ANNUAL FINANCIAL AUDIT REPORT FOR FY
ENDED SEPTEMBER 30, 1991 (as required by Rules of Auditor General of
State of Florida, Section 10.558).
RESOLUTION NO. 92-447
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE CITY
OF MIAMI COMPREHENSIVE ANNUAL FINANCIAL AUDIT REPORT
AND RELATED MANAGEMENT LETTER FOR THE FISCAL YEAR
ENDED SEPTEMBER 30, 1992, AS REQUIRED BY THE RULES
OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA,
SECTION 10.558.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
20.14 GRANT REQUEST BY FLORIDA SHRINE ASSOCIATION FOR CLOSURE OF DESIGNATED
STREETS CONCERNING THEIR CONVENTION PARADE.
RESOLUTION NO. 92-448
A RESOLUTION RELATED TO THE FLORIDA SHRINE
ASSOCIATION CONVENTION PARADE TO BE CONDUCTED BY THE
FLORIDA SHRINE ASSOCIATION OF 19921 INC. ON
SATURDAY, SEPTEMBER 26, 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
THE NECESSARY COSTS OF CITY SERVICES AND APPLICABLE
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.)
20.15 DESIGNATE S.W. 8 STREET BETWEEN 17 AVENUE AND 27 AVENUE AS: THE LITTLE
HAVANA ART DISTRICT.
RESOLUTION NO. 92-449
A RESOLUTION DESIGNATING THE AREA OF SOUTHWEST
EIGHTH STREET BETWEEN SEVENTEENTH AVENUE AND TWENTY-
SEVENTH AVENUE AS "THE LITTLE HAVANA ART DISTRICT".
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
283 July 9, 1992
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20.16 AUTHORIZE REPLACEMENT OF CERTAIN CITY OF MIAMI PUBLIC PARKS AND
RECREATION FACILITY GENERAL OBLIGATION BONDS, DUE DECEMBER 1, 1997
($10,000) TO SUBSTITUTE LOST BONDS I COUPONS.
RESOLUTION NO. 92-450
A RESOLUTION AUTHORIZING THE REPLACEMENT OF CERTAIN
CITY OF MIAMI, FLORIDA PUBLIC PARK AND RECREATION
FACILITY GENERAL OBLIGATION BONDS, DUE DECEMBER 1,
1997, IN THE PRINCIPAL AMOUNT OF TEN THOUSAND
DOLLARS ($10,000.00) WITH COUPON DATED DECEMBER 1,
1991 TO SUBSTITUTE LOST BONDS AND COUPONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
20.17 AUTHORIZE REPLACEMENT OF CERTAIN CITY OF MIAMI STORM SEWER IMPROVEMENT
GENERAL OBLIGATION BONDS, DUE DECEMBER 1, 1992 ($10,000) TO SUBSTITUTE
LOST BONDS / COUPONS.
RESOLUTION NO. 92-451
A RESOLUTION AUTHORIZING THE REPLACEMENT OF CERTAIN
CITY OF MIAMI, FLORIDA STORM SEWER IMPROVEMENT
GENERAL OBLIGATION BONDS, DUE DECEMBER 1, 1992, IN
THE PRINCIPAL AMOUNT OF TEN THOUSAND DOLLARS
($10,000.00) WITH COUPONS DATED DECEMBER 1, 1990, TO
SUBSTITUTE LOST BONDS AND COUPONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
20.18 APPROVE SPECIAL PROGRAMS AND EVENTS TO BE PRODUCED AND CABLECAST ON THE
CITY'S MUNICIPAL ACCESS CABLE CHANNEL (MIAMI NET 9) DURING AUGUST AND
SEPTEMBER, 1992.
RESOLUTION NO. 92-452
A RESOLUTION, WITH ATTACHMENT, APPROVING THE SPECIAL
PROGRAMS AND EVENTS TO BE PRODUCED AND CABLECAST ON
THE CITY OF MIAMI'S MUNICIPAL ACCESS CABLE CHANNEL,
"MIAMI NET 9", DURING THE MONTHS OF AUGUST AND
SEPTEMBER, 1992.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
284 July 9, 1992
F �1
11
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20.19 REAPPOINT COMMISSIONER J.L. PLUMMER, JR. AS MEMBER AND CHAIRPERSON OF
INTERNATIONAL TRADE BOARD, EFFECTIVE JUNE 30, 1992 - JUNE 29, 1993.
RESOLUTION NO. 92-453
A RESOLUTION REAPPOINTING COMMISSIONER J. L.
PLUMMER, JR. AS MEMBER AND CHAIRPERSON OF THE
INTERNATIONAL TRADE BOARD, EFFECTIVE JUNE 30, 1992,
FOR A TERM OF OFFICE EXPIRING ON JUNE 29, 1993.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
------------------------------------------------------------------------------
21. INCREASE MAXIMUM COMPENSATION (SET BY R-86-401, 88-991 AND 90-439) --
ALLOCATE ADDITIONAL $50,000 TO ATTORNEYS: (a) JOSEPH Z. FLEMING, (b)
PARKER THOMSON, AND (c) GARY HELD -- FOR LEGAL SERVICES IN DEFENDING THE
CITY AND INDIVIDUAL CITY COMMISSIONERS CONCERNING ZONING / COMPREHENSIVE
NEIGHBORHOOD PLAN (MCNP) RELATED LAWSUITS INVOLVING PROPERTY LOCATED AT
3471 MAIN HIGHWAY (A/K/A COMMODORE BAY) (from Insurance and Self -
Insurance Trust Fund).
------------------------------------------------------------------------------
Mayor Suarez: Item 15. Commissioner, clarification.
Commissioner Plummer: Mr. Manager, the monies being paid for the 3471, the
Commodore Bay. Why are the monies coming from the City of Miami Insurance
Trust Fund? It would seem like to me, you are paying an attorney, it would
come from the Legal Department.
City Attorney Jones: No. This is...
Mr. Cesar Odio (City Manager): This is a claim.
City Attorney Jones: No. This is an asserted claim and, typically, these
expenses are paid from the Self Insurance Trust Fund...
Commissioner Plummer: But.
City Attorney Jones: ...which is what you have approved in the past.
Commissioner Plummer: This is to pay for outside legal counsel, is that
correct?
City Attorney Jones: Continued use of outside counsel.
Commissioner Plummer: Why would it not come from the Legal Department? If we
are paying for lawyers, it would seem like to me, it would come from the Law
Department.
City Attorney Jones: Because I don't have it in the budget. It has never
been placed in there for the budget. These are expenses that are associated
285 July 9, 1992
with the filing of a lawsuit, which has been ongoing now for the last six
years. To date, I can tell you, because I know the question is going to come
about, how much we have spent. In six we have spent approximately ninety-
three thousand dollars. We prevailed at every level along the way, including
two appeals. We are right on the eve of entering into litigation at the
federal level, and I only ask that you would approve this expenditure of funds
so that we can see this case to fruition, and again I would like to commend
the, as I have noted in the memo, the defense team that has been assembled. I
think they have done a fantastic job, and I would ask you that we continue
this, and see that we prevail. And one thing that you would have to
understand too, is in this particular case, each of you, as Commissioners, are
named individually in your official capacities, and there are civil rights
claims that are outstanding, and I do want you to be aware of that, and I feel
comfortable that we are...
Commissioner Plummer: Well, if they are defending me, nobody has ever
contacted me.
City Attorney Jones: Well, I beg to differ, Commissioner Plummer, I am sure
at the outset, when this case was originally filed, which would have been back
in nineteen... this is, would have been back in 1986.
Commissioner Plummer: No. Let me tell you why I was never contacted. I
voted for the proposal.
City Attorney Jones: Well, I can't answer...
Commissioner Plummer: I don't know how they could file against me.
City Attorney Jones: ...why you were not contacted, but I have kept, and my
predecessor I am sure, has kept you each informed as to the progress of... at
every stage along the way. There were three different lawsuits. State Court,
Federal Court, the Administrative Proceedings, Appellate Court Proceedings, it
is a very complex case, it is a very unique case, and again, I would like to
tell you that we prevailed all along the way, and I would only ask that you
approve this expenditure so that we can continue defense of this case.
Commissioner Plummer: Mr. Mayor. I don't necessarily concur, but I
understand...
Mayor Suarez: Right.
Commissioner Plummer: ...what he is saying. It would seem like to me, still,
the same prevails. If you are paying for lawyers it should come from the Law
Department. You know, you can hide it any way you want. To me that is just a
known factor. If you are paying for public works, it comes from the Public
Works Department, not from the City's Self Insured Trust Fund. Somebody wants
to move it, go ahead.
Mayor Suarez: Yeah. I think all liabilities are paid from that. All right.
So moved. Do we have a second? [INAUDIBLE RESPONSE] Second. Thank you.
Call the roll. CA-15.
286 July 9, 1992
i
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-455
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A GRIEVANCE SETTLEMENT WITH THE FRATERNAL ORDER
OF POLICE, LODGE NO. 20, ON BEHALF OF THE FRATERNAL
ORDER OF POLICE HEALTH TRUST, IN AN AMOUNT OF
$62,724.44; AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
SAID AMOUNT TO THE FRATERNAL ORDER OF POLICE HEALTH
TRUST IN FULL AND COMPLETE SETTLEMENT, UPON THE
EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI
FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS
THEREFOR FROM THE GROUP INSURANCE TRUST FUND, ACCOUNT
NO. 620101-661.
eoe Clerk.)
here and on
file inthe Officof the City Cl
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
23. CLAIM SETTLEMENT: JESSICA N. BURROLA ($40,000)
Mayor Suarez: CA-17.
Commissioner Plummer: Seventeen. This is a case, Mr. Mayor, in which a horse
kicked a child. Is that correct? And what I saw in there was, in fact, that
they... The recommendation was for thirty thousand dollars based on most of
the City Attorney's cheat sheet in the back, and I am wondering why they are
now offering forty.
City Attorney Jones: Let me address that. You are incorrect on that. I
think there was one member of the Court Committee that recommended thirty.
Having the final say so in reviewing this, given the medicals that were
involved, we recommended forty. This was a case that was submitted by Risk
Management, which originally sought fifty thousand dollars to settle. Based
on the medicals at hand, and given the age of this particular child, and the
sympathy factor involved in trying this case, we thought that forty thousand
dollars would be a reasonable settlement.
289 July 9, 1992
Commissioner Plummer: How do you make that determination?
Ms. Weller: That is was a presumption.,. _-
Commissioner Plummer: Yeah. How do you make a determination that these
diseases if contracted were through the line of duty or an offduty status.
Ms. Weller: Florida Statutes, there is a bill, or rather a law out there that
says that firefighters, if they incur these diseases, it will be presumed that
it was in the line of duty.
Commissioner Plummer: That is the Heart Bill.
Ms. Weller: Yes.
Commissioner Plummer: Does that relate to tuberculosis also?
Ms. Weller: Yes, sir.
_i Commissioner Plummer: A State Statute?
mu
Ms. Weller: Yes, sir.
Commissioner Plummer: You can't argue with State Statute. even though I
disagree with it I... The Heart Bill I am 1n favor of I think it without a
question that they are involved in stress and that kind of thing, but
tuberculosis anybody can catch anywhere. I mean that is in the air. Well,
OK. OK, Mr. Mayor.
Mayor Suarez: All right. On 16 moved by Commissioner Plummer.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded by Commissioner Dawkins. Call the roll please. CA-
16.
288 July 9, 1992
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-454
A RESOLUTION INCREASING THE MAXIMUM COMPENSATION SET
BY RESOLUTION NOS. 86-401, 88-991 AND 90-439 BY AN
ADDITIONAL $50,000.00 TO ATTORNEYS JOSEPH Z. FLEMING,
PARKER THOMSON, AND GARY HELD, AT AN HOURLY RATE OF
$50.00, AS COMPENSATION FOR LEGAL SERVICES RENDERED AS
SPECIAL COUNSEL IN DEFENDING THE CITY OF MIAMI AND
INDIVIDUAL CITY COMMISSIONERS THROUGH TRIAL STAGE,
APPELLATE PROCEEDINGS AND ADMINISTRATIVE HEARINGS IN
CONNECTION WITH ZONING/COMPREHENSIVE NEIGHBORHOOD PLAN
RELATED LAWSUITS INVOLVING PROPERTY LOCATED AT 3471
MAIN HIGHWAY (A/K/A "COMMODORE BAY") MIAMI, FLORIDA;
SAID FUNDS TO BE PAID FROM THE CITY'S INSURANCE AND
SELF INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
------------------------------------------------------------------------------
22. AUTHORIZE MANAGER TO ENTER INTO GRIEVANCE SETTLEMENT WITH FRATERNAL
ORDER OF POLICE (FOP), LODGE NO. 20 ($62,724.44) (FRATERNAL ORDER OF
POLICE HEALTH TRUST) -- ALLOCATE FUNDS (from Group Insurance Trust
Fund).
------------------------------------------------------------------------------
Mayor Suarez: Item 16. Commissioner Dawkins and or Plummer both.
Commissioner Plummer: I ask for a clarification of what this 1s please.
Ms. Sue Weller: Commissioner, Sue Weller, Labor Relations Officer. This is
in reference to a grievance that was filed by the FOB, in reference to an
article, under the labor agreement, back in 1987. It was the Heart Bill
Article where in it provides for the payment of medical bills due to
tuberculosis, heart disease and hypertension, based on the presumption that
these occurred in the line of duty. When we settled the contract...
287 July 9, 1992
Commissioner Plummer: No, sir, I don't.
Mayor Suarez: All right. I entertain a motion on 17. Settlement.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second, Vice Mayor Alonso. Call the roll please.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-456
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO JESSICA N. BURROLA WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF THE $40,000.00 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI AND OFFICER ANDREW ROAN,
UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE
CITY OF MIAMI AND ANDREW BOAN FROM ANY AND ALL CLAIMS
AND DEMANDS, FUNDS TO BE PROVIDED FROM THE INSURANCE
AND SELF-INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
290 July 9, 1992
------------------------------------------------------------------------------
24. DISCUSS AND DEFER (TO JULY 16TH MEETING) CONSIDERATION OF PROPOSED CLAIM
SETTLEMENT WITH JOAN LINDA TYREE, AS PERSONAL REPRESENTATIVE OF TODD
OLIVER ESTATE ($96,500).
------------------------------------------------------------------------------
Mayor Suarez: Item 18.
Commissioner Plummer: Eighteen, Mr. Mayor.
Mayor Suarez: Eighteen. CA-18.
Commissioner Plummer: Eighteen. I had asked the Chief to come up. This is a
case in which a gentleman was chased, by the Miami Police Department. He was
stopped, an officer put a gun to his head, and there was question as to
whether or not the head jerked first, or the pistol jerked first. This
gentleman was found to have cocaine in his system. In fact, did flee from
police. The officer involved was not charged with a crime. The Shooting
Board gave him, as I recall from my literature, 80 hours of discipline. The
Chief recommended termination, and we are presently here to pay his mother
ninety-six thousand dollars for a person who had coke in this system, fled the
Police Department, and is questionable as to who moved first. Chief Ross, it
is my understanding that you are familiar with this case. I would ask you,
sir, to come up and give us the information that you have, where you have been
involved directly with this case.
Commissioner Dawkins: Before he gives his report, J. L., I would like to ask
one question.
Commissioner Plummer: Sure.
Commissioner Dawkins: If the guy was full of cocaine, or if the individual
was not full of cocaine, how does that relate to an accidental shooting?
Commissioner Plummer: Sir, I can't answer that.
Commissioner Dawkins: Oh. But this is the... This seems to be the basis of
you protest.
Commissioner Plummer: No, sir.
Commissioner Dawkins: OK. What is the basis of your protest?
Commissioner Plummer: The basis of my protest is, obviously, the guy was
fleeing for a reason. Whether it was that he had some illegal substance with
him or not, he did... was a coke user. That under, we know, normal
circumstances people who are high on drugs do not act in a normal stance. And
because of that reason is the reason for my questioning and my protest. Now,
here again, to back that up, the officer, in my understanding, is not yet to
this date terminated. Am I correct? [INAUDIBLE RESPONSE] He is terminated?
291 July 9, 1992
Mayor Suarez: Commissioner Plummer, may I suggest, on the item, that we defer
until the next meeting. I would like to ask a few more questions.
Commissioner Plummer: Surely, sir.
City Attorney Jones: We are schedule for trial, on this one as well, Mr.
Mayor.
Mayor Suarez: When? For when? Couldn't we...
City Attorney Jones: It is a two week...
Mayor Suarez: Our next meeting I mean on the...
Vice Mayor Alonso: Sixteenth.
Mayor Suarez: Next Thursday.
Commissioner Dawkins: Next week. We meet next Thursday.
Mayor Suarez: Gives us a little more time. This is a big ticket item with
all kinds of interesting questions about it.
Commissioner Plummer: Yeah. That is right.
City Attorney Jones: Well, I don't want to into a form because even if you
defer it until next week, I can answer the questions.
Mayor Suarez: And it may be better to discuss privately some of the things
that we are discussing here. No?
City Attorney Jones: Address a few questions... I mean because the memo you
have before you... First of all, yeah, there is a disciplinary action.
Should I say a Civil Service Board Hearing pending regarding his termination.
Commissioner Plummer: Well wait a minute. Excuse me. Did you not say he was
terminated?
City Attorney Jones: Yes. He has appealed his termination.
Commissioner Plummer: Oh. I am sorry. OK. Thank you.
City Attorney Jones: To correct one thing that you said at the outset, that
he was not charged. The officer was charged with manslaughter.
Commissioner Plummer: It was non pros?
City Attorney Jones: It was non pros for various reasons. Let me address the
fact of the cocaine that was found in his system during the autopsy. If you
read my memorandum, or if anyone would read my memorandum to you very
carefully, it does address several points. First of all, there is no credible
witness who will be able to testify as to, not only the amount of cocaine in
his system, there is no credible witness that will testify that, in fact,
whatever amount of cocaine he had in his system contributed to any actions,
292 July 9, 1992
whether he jerked his head first, or whether the officer shot his gun,
whatever else. More importantly, the girlfriend, who apparently the State
Attorney's Office had sought to use to testify to his drug usage, is now
- deceased. So we don't have any evidence to support that he had, in fact, the
drug use... The experts can't testify how long the cocaine was in his system.
Whether he had a pattern of using it over a period of time, or whatever else.
There is also conflicting testimony in that regard. Surely, I don't want to
get into a full blown hearing here, into the merits of the plaintiffs, State's —_
position, or our defense position. I can only tell you, as I have told you
before, in my best professional judgement, I think it is prudent for us to
settle this case, as I have presented to you, and I would ask that you approve
the settlement.
Commissioner Dawkins: But is... Our we concerned about the settlement, or
are we concerned about the dismissal of the officer after a, for the lack of a
better word, a legitimate accidental shooting.
Commissioner Plummer: There is no credible... I think there is no credible
witness either way.
City Attorney Jones: I think there are two different... I think there...
Commissioner Dawkins: Say what now, J. L.
City Attorney Jones: Commissioner Dawkins, I think there is two...
Commissioner Plummer: There is no credible witness...
City Attorney Jones: ...separate issues.
Commissioner Plummer: ...either way. The only witness is deceased, beside
the victim himself. There is no credible witness to say...
City Attorney Jones: Yeah.
Commissioner Plummer: ...what was right and what was wrong.
City Attorney Jones: Commissioner, what it... Commissioner, what it it
essentially comes down to is the credibility of the experts. Our expert
versus their expert. I am not willing in a case like this to go to trial and
risk a jury, in a death case like this, finding the City, and I think there is —_
liability there, because I think that even though the testimony, or the
statements that we have, are conflicting. I think there is enough there that
a jury would very well find liability on the City's part. Now comparative I
can't tell you whether they would have found this decedent comparatively -
negligent in that regard. The fact of the matter is, is that we stand the
potential of getting hit with a big verdict. And my best, again, my best
professional judgement, to you, is that what we have negotiated I think is
fair and reasonable, and it should be settled for this amount, and be done
with.
Mayor Suarez: All right. What is your pleasure, Commissioners?
293 July 9, 1992
Commissioner Plummer: You were asking for it to be deferred, and I have no
problem with that.
Mayor Suarez: Defer to next Thursday. So moved. Second. Any discussion?
If not, please call the roll.
THEREUPON, the City Commission on motion duly
made by Commissioner Dawkins and seconded by
Commissioner Plummer, deferred consideration of
the above matter 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.
------------------------------------------------------------------------------
25. JUDGMENT SETTLEMENT: APPEL AND BROWN, AS TRUSTEES OF NADINE MARIA
BURLEY ($52,840.59) (CIRCUIT COURT CASE NO. 89-12476 CA 23) --
COMMISSIONER PLUMMER REQUESTS FULL ACCOUNTING PRIOR TO DISBURSEMENT.
Mayor Suarez: CA-19. Last item on the consent agenda.
Commissioner Plummer: On item 20, Mr. Mayor, my question there is why are we
paying this money to trustees?
Mayor Suarez: On 19?
Commissioner Plummer: On 19, I am sorry. Yes, sir.
Mayor Suarez: Why is it to the trustee? Are these minors or...
Commissioner Plummer: I assume these trustees, from the looks of it, are
Apple b Brown, are a law firm. CA-19.
City Attorney Jones: Yes. Yeah. Normally, and this is the way it works, in
every conceivable case that we have been involved in, is that once a check is
cut, it is cut normally to the plaintiff and his or her attorney.
Commissioner Plummer: Absolutely not.
City Attorney Jones: Yes, indeed, sir.
Commissioner Plummer: Absolutely not.
294 July 9, 1992
City Attorney Jones: I beg to differ with you. Hey.
going to sit here and engage in an argument. I know...
You know, I am not
Mayor Suarez: You can't... You can't just... You got to do it to both. If
you give it to the plaintiff only you may not get all the dismissals in place,
and all of the other assurances that the item...
Commissioner Plummer: Mr. Mayor, I will not be a collection agency for a
lawyer.
City Attorney Jones: It is not a matter of being a collection agency.
Commissioner Plummer: The hell it is not.
City Attorney Jones: It is a matter of professional responsibility that I
insure that this particular...
Commissioner Plummer: Ah, come on.
City Attorney Jones: ...individual receives...
Commissioner Plummer: Come on.
City Attorney Jones: ...his fair share...
Commissioner Plummer: Why have I got to make sure an attorney gets paid?
City Attorney Jones: You don't have to make sure, sir.
Commissioner Plummer: Well, you are doing it here.
City Attorney Jones: I am doing it out of my professional responsibility.
Commissioner Plummer: Sure.
City Attorney Jones: We have had...
Commissioner Plummer: Protecting another attorney.
City Attorney Jones: ...instances before...
Mayor Suarez: It is the only way to be absolutely sure that...
Commissioner Plummer: Pay it to the person...
Mayor Suarez: ...dismissals with prejudice are entered.
City Attorney Jones: We have had instances before, Mr. Plummer, where we have
cut checks to the plaintiff and we have been sued because that particular
individual didn't get his money.
Commissioner Plummer: That is not my problem.
City Attorney Jones: And this is one way... It is not your way.
F
295 July 9, 1992
Commissioner Plummer: That is not my problem.
City Attorney Jones: It may not be your problem, but it is the way that we do
business.
Mayor Suarez: The officer of the court, which is the attorney, is the one
that can be sure that the case...
Commissioner Plummer: The person... Let me tell you...
Mayor Suarez: ...dismissed with prejudice never to be...
Commissioner Plummer: Mr. Mayor,...
City Attorney Jones: You will find that that is standard practice in the
legal industry.
Commissioner Plummer: ...we read too often of lawyers who abscond with
plaintiff's money.
Mayor Suarez: Well...
Commissioner Plummer: It is not our responsibility...
Mayor Suarez: They can't...
Commissioner Plummer: ...to be collection agencies for lawyers. If, in
fact,...
Mayor Suarez: That is why they do it to both the lawyer and his client,
jointly.
Commissioner Plummer: Mr. Mayor, let me tell you something.
Mayor Suarez: So, typically, banks can't...
Commissioner Plummer: The victim is the person who should receive the award.
Mayor Suarez: You can't do...
Commissioner Plummer: What arrangement...
Mayor Suarez: You cannot mechanically do it that way. He cannot advise you
to mechanically do it that way. It is very risky to do that.
Commissioner Plummer: Mr. Mayor, I am saying to you, sir...
Mayor Suarez: And you don't want to have the matter...
Commissioner Plummer: ...the arrangement...
Mayor Suarez: ...have to be supervised...
296 July 9, 1992
Commissioner Plummer: ...that a party has with a lawyer and his lawyer is his
private duty.
Mayor Suarez: I understand that.
Commissioner Plummer: It has nothing to do with us.
Mayor Suarez: It is just a mechanism that used, J. L., believe me.
Commissioner Plummer: Hey. You want to be collection agents for lawyers, you
go ahead.
Mayor Suarez: All right. If that is the clarification. _
Commissioner Plummer: I will not be.
Mayor Suarez: I will entertain a motion on the item so that we can get on to
the rest of the agenda, folks.
Vice Mayor Alonso: Move it. _
Mayor Suarez: Moved. I'll second. Why don't you call the roll.
Commissioner Dawkins: Call the roll.
Commissioner Plummer: Do I have the right to ask for a full accounting of =
this?
Mayor Suarez: Yes.
Commissioner Dawkins: As a Commissioner.
Commissioner Plummer: I will ask for a full accounting. I want to know what -
monies did the victim receive, and what monies did the law firm receive, and
I'll ask that...
Mayor Suarez: Oo you want that prior to the disbursement? =
Commissioner Plummer: Yes, sir.
Mayor Suarez: We can build that into the motion.
City Attorney Jones: Sir.
Mayor Suarez: We can build that into the motion.
City Attorney Jones: I cannot... I cannot... What... The funds... The fee
arrangement between the client and his attorney is of no concern or no
interest to this Commission.
Commissioner Plummer: Isn't that strange.
City Attorney Jones: OK. All we are concerned about... ?
297 July 9, 1992
t
a
Commissioner Plunner: You are telling me I can't ask for it.
City Attorney Jones: Well, if you want to ask that particular attorney, if he
decides he wants to share it with you, fine,...
Commissioner Plummer: Listen to this.
City Attorney Jones: ...but that is not an obligation that he has to divulge
to you.
Commissioner Plummer: I have no right to ask for that.
Mayor Suarez: I was thinking about...
Commissioner Plummer: Isn't that strange.
City Attorney Jones: You don't have any right.
Mayor Suarez: I was thinking about sharing of fees arrangement, which is
supervised by the court, but a straight agreement...
Commissioner Dawkins: Call the roll.
Mayor Suarez: ...I don't think is . I think he is right.
Commissioner Dawkins: Call the roll, Madam Clerk.
Commissioner Plummer: In other words we are not to be concerned about what
the...
Commissioner Dawkins: J. L. Plummer you are out of order. You are out of
order J. L. Plummer.
Commissioner Plummer: ...victim got. Drop dead.
Commissioner Dawkins: J.L., you are out of order. Call the roll, Madam
Clerk.
Commissioner Plummer: Drop dead.
298 July 9, 1992
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
i
RESOLUTION NO. 92-457
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO "APPEL & BROWN, AS TRUSTEES OF NADINE MARIA
BURLEY", THE SUM OF $52,840.59 IN FULL AND COMPLETE
SATISFACTION OF JUDGMENT, PLUS ACCRUED INTEREST
THROUGH AUGUST 10, 1992, AGAINST THE CITY OF MIAMI, IN
CIRCUIT COURT CASE NO. 89-12476 (CA 23), UPON THE
EXECUTION OF A SATISFACTION OF JUDGMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FUNDS TO BE PROVIDED
FORM THE INSURANCE AND SELF-INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I will not vote for a lawyer's relief bill, and that is
all that it is. They are protecting themselves and nothing more. That is all
they are doing.
Commissioner Dawkins: I have to vote with J.L. Plummer. I vote no.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: OK. You might want to try to figure out a way that we can, in
cases of this sort, at least...
Commissioner Plummer: I guarantee you the lawyer doesn't want us to know.
Mayor Suarez: Don't... Please... Please... I am just talking to the City
Attorney. Just as a voluntary thing from most lawyers that deal with us, so
that it satisfies you and gets your vote on a settlement. Yes.
Vice Mayor Alonso: Yes, please, let's move to the next item.
City Attorney Jones: Mr. Mayor.
Mayor Suarez: Yes. The two Commissioners have requested...
299 July 9, 1992
t
ri.
City Attorney Jones: I am sorry.
Mayor Suarez: As a voluntary thing, counselor, I am sure it can be done in
most cases.
Commissioner Plummer: Yeah. I am requesting such...
City Attorney Jones: I'll look into it.
Mayor Suarez: Hey. For one thing if they know that is a way to get his vote
on a settlement, you know, that might be a way to do it.
Commissioner Plummer: I am requesting such, and in lieu of such, buddy, come
back,...
City Attorney Jones: OK.
Commissioner Plummer: ...because you are going to see some fireworks.
26. DISCUSS AND CONTINUE (TO JULY 16TH) CONSIDERATION OF PROPOSED RESOLUTION
AUTHORIZING MANAGER TO SUBMIT 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-BADE COMMUNITY
COLLEGE.
------------------------------------------------------------------------------
Vice Mayor Alonso: Mayor, can we take 45?
Mayor Suarez: Yes. On item 45 requested by two Commissioners. "Que's que
cest?"
Commissioner Plummer: Forty-five? What is 45?
Vice Mayor Alonso: CDBG funds.
Mayor Suarez: CDBG funds to the organizations.
Commissioner Plummer: Well, I thought we were going to defer that.
Mr. Cesar Odio (City Manager): Just a...
Commissioner Plummer: No. I... No. Excuse me, Edward. Don't drop dead on
me there now.
Vice Mayor Alonso: I thought he was going to drop dead.
Commissioner Plummer: I am concerned about the...
Vice Mayor Alonso: For a minute I was very concerned.
1
300 July 9, 1992
Commissioner Plummer: Miriam, I am concerned about the report that we got
this morning... -
Mr. Odio: This has nothing to do with that item, Commissioner.
Vice Mayor Alonso: No, this is not... it does?
Commissioner Plummer: I don't know. that is what I don't know.
Vice Mayor Alonso: I don't think so.
Mayor Suarez: OK. Explain how this is not related to the CBOs (Community
Based Organizations) that receive CDBGs. There we go with all the acronyms
again. Well, they are not really on acronyms, they are just initials, I
guess.
Mr. Odio: This has to do with the money that was previously allocated to
Miami Dade, and that they were supposed to have matching funds, and we are
here recommending reallocation of those funds, and to whom. So, it has
nothing to do with the CEOs.
Mayor Suarez: OK.
Vice Mayor Alonso: Exactly.
Mr. Odio: Please. I am losing my voice here.
Mr. Eduardo Padron: Mr. Mayor, Commissioners, my name is Eduardo Padron, 2004
S.W. 7th Avenue, City of Miami. I am pleased to report to you that we have
worked successfully on your requirements and recommendations as stipulated by
this Commission at the last Commission Meeting. In addition to that I had an
opportunity to discuss the item with Commissioner Plummer. We have gone a
step beyond by working out some very interesting and, I think, very important
recommendations concerning enhancing of the partnership between the City and
the college by providing additional educational opportunities to the students
in the way of scholarships. My purpose for being here today is to request you
to please direct the City staff to proceed with the allocation of the CDBG
funds to the college, so we can continue with the program that we had decided
upon.
Mayor Suarez: All right. I guess the matter has been discussed amply before.
We have made it...
Mr. Odio: I want to...
Mayor Suarez: ...a matching fund situation with the County in the hope of
getting their matching funds. That has not worked out except to the tune of
two hundred thousand dollars, I think.
j Mr. Padron: Well, we have the initial allocation of two hundred thousand
j dollars.
301 July 9, 1992
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r]
Mayor Suarez: So, in any event, Commissioners, we probably should just go
ahead...
Commissioner Plummer: Well, but he is also... Did you bring out that you
were going to be offering scholarships?
Mr. Padron: That is correct. I thought I had mentioned that.
Mr. Odio: Mr. Mayor.
Mr. Padron: We are going to be allocating a few scholarships to the
Commission so we can you can help us.
Ii
Commissioner Plummer: Five a year.
Mr. Padron: ...That is correct.
i. Commissioner Plummer: For how many years?
i
j
Mr. Padron: For as long as you wish.
Mr. Odio: Right, but, but.
Mr. Padron: So you can help us recruit the students within the City of Miami
so we can help them acquire a college education. We are very pleased to do
that.
Mr. Odio: Let... Let... Mr. Mayor.
Mayor Suarez: Yes.
Mr. Odio: We are... I have been looking at budgets for a month now. I know
that he just finished their budget in the State and he didn't come out that
bad...
Mr. Padron: No. I am...
Mr. Odio: ...and they also... Wait. Wait. You talked. Let me talk,
Eduardo, please. Then he also has the tax in the ballot in September, that
has a good chance of passing. We are very short of funds for next year. The
budget for next year we are short, and we are taking here monies, giving it to
Miami Dade, when we are going to need monies for Administration. We are going
to need money for housing. I just wanted to put that on the record.
Mayor Suarez: OK. Commissioners.
Vice Mayor Alonso: So you are telling us you better beware.
Mr. Odio: Well, if you take this money you are going to have to somehow find
monies from General Fund, which we have now four million dollars less, and to
j; fund the positions that we have, or eliminate them.
Vice Mayor Alonso: So you are saying that you think that this is going to
pass.
302 July 9, 1992
T
E
Commissioner Plummer: It is going to be a banner year.
Mr. Odio: I am saying that this is the wrong year to do this.
Commissioner Plummer: It is going to be a banner year.
Mr. Odio: It is the wrong year to do this. I love the Miami Dade system,
but...
Commissioner Plummer: Mr. Manager, let me tell you something. We made a
commitment.
Mr. Odio: No. You made the commitment.
Commissioner Plummer: Well, I made a commitment. This Commission made a
-� commitment that said, Mr. Padron, go to the County and try to get a matching
_y grant, and if you do we will give you the eight hundred and fifty thousand
dollars. He has gone to the County, he has got two hundred thousand dollars
and a commitment from mass transit money...
Mr. Padron: As an initial commitment. We have a commitment to go much more
I beyond that. As a matter of fact, the County, most probably, will end up
-! giving us more money.
Commissioner Plummer: I don't think we have any choice what so ever but to
i live up to our commitment as much as it might hurt. It is the focal point of
■ downtown.
Commissioner De Yurre: What was our commitment J. L.? Was it to match...
Vice Mayor Alonso: Eight hundred...
Commissioner De Yurre: ...up to a million.
Commissioner Plummer: No.
Commissioner De Yurre: Oh, yeah.
Commissioner Plummer: It was for them to go and try to get the match.
Commissioner De Yurre: No, no, no.
Commissioner Plummer: That was what we were trying to do.
Commissioner De Yurre: The reality of the matter... I will vote for it, but
the reality of the matter was that our commitment, that is, they get a million
from the County, we would match it.
Commissioner Plummer: That was what we were trying for.
Vice Mayor Alonso: But they didn't get a million.
Commissioner Plummer: No.
303
July 9, 1992
Commissioner De Yurre: But... So realty we have no commitment, realistically
speaking.
Mr. Odio: And I think you really, Commissioner... Let me emphasis that we
need to really look at this because you haven't seen the budget yet. You will
next week.
Commissioner Plummer: Are you recommending....
Vice Mayor Alonso: Then what is recommendation? Wait?
Mr. Odio: That we definitely don't give them one dollar, not one dollar.
Commissioner Plummer: Well, I tell you what, Mr. Manager. I will go to this
extent with you. I will go and wait until next week after I have seen the
budget. OK. I'll do that for you. All right. In all honesty. Eduardo,
your heart murmur will continue until next Thursday.
Vice Mayor Alonso: The 16th.
Mayor Suarez: All right.
Vice Mayor Alonso: It is better that the...
Mr. Padron: You know. I think we have met our commitment. We have come here
three times now...
Commissioner Plummer: I have too, sir. OK.
Mr. Padron: ...and a...
Commissioner Plummer: I am ready to vote now but the Manager asked me to
wait, and I feel a commitment that I have to do such. So guess what? See you
next week.
Mr. Padron: Thank you.
Mayor Suarez: All right. So...
Mr. Frank Castaneda: Can we continue the public hearing?
Mayor Suarez: ...moved and... Continue... Move to continue the public
hearing until next Thursday.
Commissioner Plummer: We'll continue the public hearing. I move until next
week.
Mayor Suarez: So moved, and seconded by the Vice Mayor. Call the roll.
THEREUPON, the City Commission on motion duly
made by Commissioner Plummer and seconded by
Vice Mayor Alonso, continued consideration of
the above matter by the following vote:
304
July 9, 1992
Pi
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
11
27. EMERGENCY ORDINANCE: AMEND 10934, WHICH ESTABLISHED RESOURCES J
APPROPRIATIONS FOR SPECIAL REVENUE FUND: DRUG FREE NEIGHBORHOOD TASK
FORCE -- PROVIDE FOR $45,450 INCREASE AS A RESULT OF SUCCESSFUL
APPLICATION FOR GRANT FUNDS (from U.S. Justice Department through
Metropolitan Dade County).
Mayor Suarez: Item 3. Emergency ordinance requiring four fifth's vote.
Commissioner De Yurre: Probably won't be heard today.
Mayor Suarez: Drug free neighborhood task force.
Vice Mayor Alonso: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
Mayor Suarez: Second. Any discussion? If not, please read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10934,
ADOPTED ON NOVEMBER 14, 1991, WHICH ESTABLISHED
RESOURCES AND APPROPRIATIONS FOR THE SPECIAL REVENUE
FUND ENTITLED "DRUG FREE NEIGHBORHOOD TASK FORCE" TO
PROVIDE FOR AN INCREASE IN THE AMOUNT OF $45,450 AS A
RESULT OF A SUCCESSFUL APPLICATION FOR ADDITIONAL
GRANT FUNDS; AUTHORIZING THE CITY MANAGER TO ACCEPT
THE ADDITIONAL GRANT FUNDS IN THE AMOUNT OF $45,450
FROM THE UNITED STATES JUSTICE DEPARTMENT THROUGH
METROPOLITAN DADE COUNT AND TO ENTER INTO ANY
NECESSARY AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE PURCHASE OF EQUIPMENT AND RELATED
COSTS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE
Was introduced by Vice Mayor Alonso and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
305 July 9, 1992
AYES: Commissioner Victor De Yurre —_
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso _-
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Vice Mayor Alonso and seconded by
Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10992.
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.
28. FIRST READING ORDINANCE: AMEND 10840, WHICH ESTABLISHED INITIAL
APPROPRIATIONS FOR THE COCONUT GROVE SPECIAL EVENTS DISTRICT FUND - FY
190-91 -- PROVIDE FOR $42,000 INCREASE AS A RESULT OF SUCCESSFUL
COLLECTION OF DISTRICT SUPPLEMENTARY USER FEES.
Mayor Suarez: Item 4.
Vice Mayor Alonso: Move.
Mayor Suarez: Doesn't seem to be controversial. Moved.
Commissioner Plummer: Second.
Mayor Suarez: Second. Any discussion?
Commissioner Plummer: Just for you edification, Mr. Mayor, this is the monies
that have been collected by the special events. Trying to bring sanity to the
events in the Grove.
Mayor Suarez: Very good.
-t
306 July 9, 1992
e�
n
Commissioner Plummer: And this is forty-two thousand dollars that will go
back into help restore Coconut Grove, done by the unusual wear and tear.
Mayor Suarez: So moved and seconded. Any discussion? If not, please read
the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 10840, ADOPTED ON
FEBRUARY 14, 1991, WHICH ESTABLISHED INITIAL
APPROPRIATIONS FOR THE COCONUT GROVE SPECIAL EVENTS
DISTRICT FUND - FY 90-91 RECEIVED AND DEPOSITED
PURSUANT TO ORDINANCE NO. 10764, ADOPTED JULY 12,
1990, TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF
$42,000 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN
SAID FUND DUE TO SUCCESSFUL COLLECTION OF THE COCONUT
GROVE SPECIAL EVENTS DISTRICT SUPPLEMENTARY USER FEE;
PROVIDING FOR FURTHER APPROPRIATIONS AND CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE
Was introduced by Vice Mayor Alonso and seconded by Commissioner Plummer
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
'to the public.
307 July 9, 1992
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i
29. FIRST READING ORDINANCE: AMEND CODE CHAPTER 54-17 -- EXTEND DEADLINE
FOR DEPOSIT OF FUNDS NECESSARY FOR CONSTRUCTION OF WALLS ACROSS NATOMA
STREET, TA-LU-GA DRIVE AND ALATKA STREET.
------------------------------------------------------------------------------
Mayor Suarez: Item 5.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Second. Any discussion?
Mayor Suarez: Second.
Commissioner Plummer: Well, wait a minute. Wait a minute. I better not vote
on it. I better abstain from voting on this.
Mayor Suarez: Too close to your house.
Commissioner Plummer: Yeah.
Mayor Suarez: All right. Too close to his house. Commissioners.
Commissioner Plummer: Well, wait a minute. I can vote on it.
Mayor Suarez: I think you can. I think you can.
Commissioner Plummer: It doesn't benefit me financially.
Mayor Suarez: I think you absolutely can. All right. Moved and seconded.
Any discussion? If not, please read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE RESOLUTION INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mayor Suarez: You support this?
Mr. Santiago Zardetto: I support it totally. My name is Santiago Zardetto.
I am at 1600 Nocatee Drive in Coconut Grove, and I am the secretary of the
Natoma Home Owners Association.
Mayor Suarez: Very good. Keep an eye on your neighbor, J. L. Plummer. OK.
Call the roll.
Commissioner Plummer: Are you speaking for it or against it, sir?
Mayor Suarez: For.
Mr. Zardetto: I am for, sir.
308 July 9, 1992
Mayor Suarez: Cali the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 54-17 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY EXTENDING THE
DEADLINE DATE FOR DEPOSIT(S) OF THE FUNDS NECESSARY TO =-
PAY FOR THE CONSTRUCTION OF THE WALL(S) ACROSS NATOMA
STREET, TA-LU-GA DRIVE AND ALATKA STREET TO THE DATE
OF JANUARY 10, 1993; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
----------------------------------------------------------
NOTE FOR THE RECORD: At this point, agenda items 6 and 7
were deferred.
----------------------------------------------------------
Mayor Suarez: Item 6.
Mr. Zardetto: Thank you.
Mayor Suarez: Go. Sin no more.
Commissioner Plummer: Wasn't 6 the one we deferred, Al. Wasn't that Ron
Silver?
City Attorney Jones: You deferred that.
Mayor Suarez: This item has been postponed. I am sorry.
Commissioner Plummer: Yeah.
Mayor Suarez: To the next... To the first session in September. [INAUDIBLE
RESPONSE] Yes.
Commissioner Plummer: Mr. Mayor, I ask, even though I did not bring up item
7, there has been a request from the Bayfront Park Trust to defer this until
September, and I have indicated to them I have absolutely no problem with
deferring it, and I so move, sir.
309 July 9, 1992
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
THEREUPON, the City Commission on motion duly
made by Commissioner Plummer and seconded by
Commissioner Dawkins, deferred consideration of
the above matter by the following vote:
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
------------------------------------------------------------------------------
30. APPOINT CHAIRPERSON OF THE BAYFRONT PARK MANAGEMENT TRUST, DESIGNATE
MEMBERS TO SERVE AS OFFICERS OF THE TRUST, AND APPOINT / REAPPOINT
INDIVIDUALS TO SERVE AS MEMBERS OF THE TRUST. (Reappointed were:
Ghislain Gouraige, Jr. (Chairperson), Rodney Barreto (Vice Chairperson),
Joann Pepper (Secretary), Matthew Schwartz (Treasurer), Joseph Fleming,
Tina Hills, & Sheila Austin Smith, Raul D. Tercilla, Athalie Range.
Appointed were: Thorn Grafton, Mike Sullivan, & Dewey W. Knight III.)
------------------------------------------------------------------------------
Commissioner Plummer: I move item 8 as presented. The officers elected by
the trust, I so move that they be approved.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
Commissioner Dawkins: I am confused. Why would we postpone 7 and vote on 8?
Commissioner Plummer: Well, 7 is to name a Commissioner as chairman, and they
want further discussion. Eight is so that they have a continuation of
officers. The old officers are finished as of this week. The new officers
have been elected by the trust, and are to be put into place regardless of
what might happen eventually with 7. It was rumored that you were going to
have another motion, your...
Mayor Suarez: I don't even know why the whole issue came up.
Commissioner Dawkins: Go ahead. I don't know what we are doing. Do it.
Whatever it is.
Commissioner Plummer: The rumor was that we were going to have a motion to
abolish the trust.
310 July 9, 1992
U
Mayor Suarez: To abolish...
Commissioner Dawkins: Did somebody make a motion?
Mayor Suarez: Yeah. It was to approve a...
Commissioner Dawkins: Call the roll.
Mayor Suarez: Call the roll on the motion.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-458
A RESOLUTION APPOINTING THE CHAIRPERSON OF THE TRUST
AND DESIGNATING CERTAIN MEMBERS TO SERVE AS OFFICERS
OF THE TRUST AND APPOINTING AND REAPPOINTING CERTAIN
INDIVIDUALS TO SERVE AS MEMBERS OF THE BAYFRONT PARK
MANAGEMENT TRUST.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ASSENT: Commissioner Victor De Yurre
311 July 9, 1992
--------------------------------------------------------------------------------
31. (Continued Discussion) AUTHORIZE MANAGER TO FUND DESIGNATED NEIGHBORHOOD
ECONOMIC DEVELOPMENT ORGANIZATIONS UNTIL SEPTEMBER LOTH, USING 18TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), AS FOLLOWS: (1) ALLAPATTAH
BUSINESS DEVELOPMENT, (2) COCONUT GROVE LOCAL DEVELOPMENT CORPORATION,
(3) DOWNTOWN MIAMI BUSINESS ASSOCIATION, (4) EDGEWATER ECONOMIC
DEVELOPMENT CORPORATION, (5) HAITIAN TASK FORCE, (6) LATIN QUARTER
ASSOCIATION, (7) LITTLE HAVANA DEVELOPMENT AUTHORITY, (8) MARTIN LUTHER
KING ECONOMIC DEVELOPMENT CORPORATION, (9) NEW WASHINGTON HEIGHTS
COMMUNITY DEVELOPMENT CONFERENCE, (10) OVERTOWN ADVISORY BOARD, (11)
PARK WEST ASSOCIATION, (12) SMALL BUSINESS OPPORTUNITY CENTER, & (13)
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION -- EXCLUDE GREATER
BISCAYNE BOULEVARD CHAMBER OF COMMERCE (See label 1).
------------------------------------------------------------------------------
Mayor Suarez: Item 9.
Vice Mayor Alonso: We were going to defer this item, Commissioner, right.?
Commissioner Plummer: Yeah. This is to be deferred.
Mayor Suarez: OK.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded for deferral. Any discussion? If not,
please call the roll. OK. I am sorry. I am sorry. I am sorry, Madam City
Clerk. Hold the boat. Yes, Carlos Luis.
Mr. Carlos Luis Brito: Yes. My name is Carlos Luis Brito. I am from
Allapattah Business Development Authority, and if you defer this item, our
office will be forced to take terrible actions.
Mayor Suarez: How... How... What is the recommendation on ABDA (Allapattah
Business Development Authority).
Vice Mayor Alonso: For one month.
Commissioner Dawkins: So we... What are we...
Vice Mayor Alonso: One month.
Commissioner Dawkins: Why don't we go ahead and fund them one twelfth of it
until the next time.
Mayor Suarez: All right.
Commissioner Plummer: Well, excuse me. Here again I don't mind that except
for the fact that if any one of these that are to be funded for the one
twelfth,...
Commissioner Dawkins: OK. I hear you J. L.
312 July 9, 1992
Commissioner Plummer: ...in fact, are part of this report that is very
negative. Then that is where I have a problem.
Mr. Odio: But, but Commissioner...
Commissioner Plummer: If you all are not aware, just so you should be
aware,...
Mr. Odio: But we...
Commissioner Plummer: We are in receipt, this morning, of a report from
Jacksonville that is very critical of the City of Miami's programs relating to
CBOs. It is a very lengthy report which we have not had the opportunity to
read, except the line from the City of Miami people who said that they
definitely are going to defend this negligent and derogatory report, which
leads us to believe that there are major problems.
Mr. Odio: But...
Commissioner Plummer: OK. And for that reason, we did not feel comfortable
in funding programs that HUD, who provides the money, is saying are not being
run properly.
Mayor Suarez: Is one of those programs that is in question, or criticized by
HUD, ABDA, the Ailapattah Business Development Association?
Mr. Odio: No. But let me...
Mayor Suarez: Just a simple question.
Commissioner Plummer: I don't know which ones are.
Mayor Suarez: Can I get a simple answer...
Commissioner Plummer: I haven't read it.
Mayor Suarez: ...to a simple question.
Mr. Odio: Yes or no. Yes or no.
Mr. Frank Castaneda: It was one of the most positive of the agencies that
they monitor.
Mayor Suarez: That they monitor?
Mr. Castaneda: Yes.
Mr. Odio: Mr. Mayor, what I would recommend is that we give them one
twelfth...
Mayor Suarez: They say from Greater Biscayne Boulevard Association that most
supportive... most supported CBO in the City over there. All right.
313 July 9, 1992
Mr. Odio: We don't want to put them out of business.
Vice Mayor Alonso: I know. And overwhelming support.
Mr. Odio: I would suggest that what we have always funded...
Mayor Suarez: Yes. The least support.
Vice Mayor Alonso: Especially...
Mayor Suarez: I am sorry.
Mr. Odio: You funded some new ones here that we have no experience with. The
older ones that have been established before, funding for one twelfth until
we... Commissioner Alonso and Castaneda are going to Washington...
Mayor Suarez: All right. Such as... Which ones do you suggest, sir, rather
than arguing philosophy.
Mr. Odio: The ones that were funded before this year.
Mayor Suarez: Give me the names, quickly. See that there is no controversy
as to them, please.
Mr. Odio: OK.
Vice Mayor Alonso: I am going the 21st.
Mr. Odio: Allapattah Economic Development, Coconut Grove Economic
Development, Downtown Economic Development, Biscayne Boulevard Economic
Development, Little Haiti Economic Development, Little Havana Development
Authority...
Mayor Suarez: Are you talking about Greater Biscayne Boulevard Association?
Commissioner Dawkins: There is a negative report on Biscayne in here.
Mr. Odio: Yes, there is Commissioner. that... but there is some...
Vice Mayor Alonso: Well then what are we doing?
Mr. Odio: There is some on the others too.
Commissioner Plummer: You are asking me to fund...
Mr. Odio: For one twelfth.
Commissioner Plummer: ...a CBO that has a negative report?
Mr. Odio: Well, this has not been the first time that we have had negative
reports, and we have corrected... We have taken corrective action with
them,...
Commissioner Plummer: Mr. Manager.
314 July 9, 1992
V
Mr. Odio: We have a choice here either...
Commissioner Plummer: Mr. Manager,...
Mr. Odio: ...to give them one twelfth or to put them our of business.
Commissioner Plummer: ...you cannot ask me to fund an organization that has a
negative report, which we are in then jeopardy of having to return the money
to HUD, if they disallow it. That doesn't make sense. That is like asking me
to vote for that other thing where the guy has been supposedly..
Mr. Odio: But...
Commissioner Plummer: ...allegedly taking...
Mr. Odio: But let me...
Commissioner Plummer: ...money and ask me to vote for him.
Mr. Odio: But this is an audit and we take steps to correct what they are
criticizing, and then the problem is cleared. There is no... If I knew here
that there was something about allegations of wrongdoing, like stealing money
or something, then I would say no. But this is only interpretation from
Jacksonville on what they feel they should be doing, and they are not doing.
And this something... That is why...
Commissioner Plummer: Well, Frank, in the last meeting that we had, you
talked about CBOs (Community Based Organizations) that had not done their
auditing. I remember that as one thing. Is that correct?
Mr. Frank Castaneda: I am sorry, Commissioner, I didn't hear you.
Commissioner Plumper: In the last time we met, you spoke about CBOs that had
not given final reports, ah, audits.
Mr. Castaneda: No. We have a final report from all the... An audit or all
the CBOs, right, for last year. For this year they have 90 days to submit it.
Commissioner Plummer: So they are still within the time -frame?
Mr. Castaneda: Right.
Commissioner Plummer: OK.
Mr. Castaneda: What I am saying is... Let me read to you the...
Commissioner Plummer: Hell of a way to run a City.
Mr. Castaneda: Let read to you the issue that is really being raised. What
HUD (Housing and Urban Development) is saying here is that the City is at risk
in continuing to fund the 10 subrecipients that provide economic development
assistance to business, and should suspend the funding of this activities, or
use local funds. That is what they are saying.
315 July 9, 1992
Commissioner Plummer: Which we don't have.
Mr. Castaneda: Of course. And another...
Commissioner Plummer: Local funds which we don't have.
Vice Mayor Alonso: So we better put our act together.
Mr. Castaneda: Of course, Commissioner, and with your help...
Commissioner Plummer: Well, the problem is you fund...
Vice Mayor Alonso: Remember I am the one going there, the 21st.
Mr. Castaneda: Right.
Commissioner Plummer: If you fund these things, and they disallow it, then we
got to pay it back.
Vice Mayor Alonso: So, don't you try to pass something on me that I have to
explain to them.
Mr. Castaneda: We, we need... We'll sit down everyday if you want to,
Commissioner.
Vice Mayor Alonso: I am going to have a hard time explaining that to them. I
see...
Mayor Suarez: What is the proposal at this point then?
Vice Mayor Alonso: So I am not going to vote for this.
Mayor Suarez: One twelfth?
Commissioner Plummer: You can't do one twelfth. You would have to do...
Mr. Castaneda: You would have to fund it to September, at least.
Commissioner Plummer: ...until September loth because we don't meet again.
Mr. Carlos Luis Brito: Excuse me. May I please?
Mayor Suarez: Just say what other solutions are offered, Mr. Castaneda.
Mr. Castaneda: Well, what I would suggest is till September 10, if that is
your desire, or three months.
Mayor Suarez: We know of your concern, Jennifer, because you are totally
against one of them. I think everyone else up here is in favor of the
funding. Is that correct? Is there anyone here that is against the funding,
other than Jennifer? Hey, we may have to hear you separately on Greater
Biscayne Boulevard Association, although we have heard quite a bit about that.
But we ought to, particularly, put on the record the comments made by HUD as
316 July 9. 1992
to that particular HBO (Home Box Office), or CBO (Community Based
Organization) rather. I got HBO there now.
Ms. Jennifer Clark: Mayor Suarez, you have already been required, or the City
has already been required to pay back...
Mayor Suarez: OK. Jennifer, come up to the microphone, please. She is in a
different pasture from the rest of the CBOs. She is opposing the funding,
folks.
Ms. Jennifer Clark: I'm not after any of your money. Be nice to me. Mayor
Suarez, the City received a report on June 17th from HUD. They specifically
dealt with the matter of the Biscayne Boulevard Chamber of Commerce.
Commissioner Plummer: What did they say?
Ms. Jennifer Clark: They did not list a concern... I gave you... I gave
your office...
Mayor Suarez: You told me that there...
Ms. Jennifer Clark: ...and I highlighted that...
Mayor Suarez: ...was, basically, one achievement that they recognize. Is
that the main problem?
Ms. Jennifer Clark: That is one thing. The other thing is they have also...
Mayor Suarez: What was that achievement? Just out of curiosity. I saw
you...
Ms. Jennifer Clark: They put a pay phone in front of a liquor store...
Mr. Castan?da: They removed it.
Ms. Jennifer Clark: ...and you paid them fifty thousand dollars
administrative cost to run their CBO to do that, and the liquor store man...
Mayor Suarez: Wait. Wait. Wait. Jennifer, don't overstate it.
Ms. Jennifer Clark: OK. All right.
Mayor Suarez: Mr. Castaneda, is that a fair characterization of what they
said was the one accomplishment by this particular CBO?
Mr. Castaneda: It is a removal.
Mayor Suarez: Removal of pay phone.
Ms. Jennifer Clark: No. If you read the report it says a little more than
that. They placed it there, and then the merchants demanded that the
telephone company remove it, because the drug dealers were using it.
317 July 9, 1992
Mayor Suarez: Either way it doesn't seem like it is worth, what is it, fifty
thousand a year that they are...
Mr. Castaneda: No. Commissioner. Let me explain what is the problem. HUD
only considers completions, prior completions, as an accomplishment. If you
work on a project and...
Mayor Suarez: That is not the most illogical...
Ms. Jennifer Clark: That is not the...
Mr. Castaneda: ...there is no final re...
Mayor Suarez: ...norm in the world. OK.
Mr. Castaneda: No. But if you work on a project and there is not a final
conclusion, it is not considered as an accomplishment. Let me give you an
example. The Tiki Club, which is cited in here, you know, has obviously been
on the books for a number of years. Obviously, a number of attempts have been
done to redevelop that property. That is not considered any activity at all
according to HUD.
Mayor Suarez: You know what, Jennifer, and I don't know about the rest of the
Commission, but for myself, the whole issue of the Greater Biscayne Boulevard
Association and its merits, and its accomplishments, or lack thereof, has been
debated here now so many times that I guess we are familiar with whether they
are really complying with the federal mandates, and really making it... Using
their money in a valuable way, as prescribed by federal law. I think we are
in a position to vote it up or down, either way, or at least the same period
of time as the others. So, what I suggest, Commissioners, is we vote on all
except for Greater Biscayne Boulevard Association up until September loth, and
then we separately vote on Greater Biscayne Boulevard Association. Keeping it
in mind that I don't think there is anyone here from that CBO, are they?
Ms. Jennifer Clark: Yes, sir.
Mayor Suarez: OK. Don.
Mr. Don Hinson: May I speak?
Mayor Suarez: Yes. If we are going to vote on it, and if we are going to
debate it, yes. Please! Please!
Ms. Jennifer Clark: I have waited all day.
Mayor Suarez: All right. As to...
Ms. Jennifer Clark: I know. I know.
Mayor Suarez: As to all other CBOs, except for Greater Biscayne Boulevard
Association, your recommendation is that we fund them until September 10th.
Mr. Hinson: Yes. That is only fair.
318 July 9, 1992
z
Mayor Suarez: No. Don, not yours. Not yours. Just wait.
Vice Mayor Alonso: This way...
Mayor Suarez: Our staff... See, that doesn't affect the CBO you are
concerned with. All right, as to those I will entertain a motion to fund them
until September 10th, the next Commission Meeting where we can take this up.
Please. [INAUDIBLE RESPONSE NOT ENTERED INTO THE RECORD] Moved. Thank you.
Somebody, second. The Vice Mayor is moving here pen up and down. That is
close enough to a second.
Vice Mayor Alonso: No. I am thinking...
Mayor Suarez: No?
Vice Mayor Alonso: ...what I am going to tell them in Washington.
Mayor Suarez: Yeah. We have to think of a lot of things done in Washington.
OK. I will second 1t and make 1t easier for you. Please call the roll
quickly.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-459
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS,
IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PERIOD OF
JULY 1, THROUGH SEPTEMBER 10, 1992, WITH THIRTEEN (13)
NEIGHBORHOOD ECONOMIC DEVELOPMENT COMMUNITY BASED
ORGANIZATIONS ("CBOS"), AND NINE (9) NEIGHBORHOOD
BASED HOUSING COMMUNITY DEVELOPMENT CORPORATIONS
("CDCS") FOR THE AMOUNTS AS SPECIFIED HEREIN, TO
IMPLEMENT ECONOMIC DEVELOPMENT PROGRAMS AND TO
STIMULATE HOUSING AFFORDABLE TO LOW AND MODERATE
INCOME FAMILIES AND INDIVIDUALS IN THE CITY OF MIAMI;
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 Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING THE ROLL CALL.
319
July 9. 1992
Commissioner Plummer: Hum...
m o
Vice Mayor Alonso: He is thinking.
Commissioner Plummer: Yeah. Ah.
Vice Mayor Alonso: Very painful. Yeah.
Commissioner Plummer: It is very painful. I want to tell you it is. OK.
Vice Mayor Alonso: Very painful.
Commissioner Plummer: And I am going to go until the loth of September, but I —
want to tell all of ou at this articular time ou better et in to m
office and talk with my staff, and you better be damn convincing, because at
this particular time I am not convinced. OK. I vote yes.
COMMENTS MADE AFTER THE ROLL CALL:
Mayor Suarez: Now, Jennifer, why do you want us to vote against, even one
twelfth or three twenty-fourths funding for...
Ms. Jennifer Clark: Mayor Suarez, you have funded... All right. I have been
over this a lot, and I have been talking to Washington, and I have been
talking to HUD offices, and I have been doing research on this since November.
OK? I live in the northeast. You are wasting my tax dollars, along with all
my neighbors tax dollars, on what I consider an organization that accomplishes
nothing. For five years, now, you have given them money. Over a quarter of a
million dollars of money. HUD, in this report, and you all got a copy of it,
I gave it to your aides. You didn't have the whole report, just the parts
that pertained to the Chamber. They specifically tell you in that report, you
are violating the law. A Chamber of Commerce does not qualify for CBO
funding.
Mayor Suarez: All right. An interesting point.
Ms. Jennifer Clark: They also tell you that you...
Mayor Suarez: Wait. Wait. Wait. Wait.
Ms. Jennifer Clark: ...have to pay the money back.
Mayor Suarez: Wait. Most of the other arguments I have heard, except I
haven't heard that one in awhile. Mr. Castaneda, what... Mr. Manager,
someone, what about the argument? Someone, please, that because they are a
Chamber of Commerce they don't qualify for HUD funds as a Community Based
Organization. Is that valid, or is that exaggerated, or is that almost true,
or what?
Mr. Castaneda: They are not funded to act as a Chamber of Commerce.
Ms. Jennifer Clark: That doesn't qualify.
Mr. Castaneda: They are funded to act as a Community Based Organization.
320
July 9, 1992
40ti
Mayor Suarez: It is not the typical organization that we support. That is
certainly true. They are usually local development corporations, or usual
nonprofit. They usually don't represent Chambers of Commerce, but you can see
the Greater Biscayne Chamber of Commerce, for many years, has been one of the
most troubled areas for commercial establishments, and you can see where the
argument...
Ms. Jennifer Clark: Mayor Suarez.
Mayor Suarez: ...comes in to try to help them.
Ms. Jennifer Clark: Mayor Suarez, if you look at the document that I gave
you, and each one of you got one, everyone...
Mayor Suarez: Read whatever you want from it into the record.
Ms. Jennifer Clark: ...of you... All right. All right. Well...
Mayor Suarez: I asked you to highlight it before...
Ms. Jennifer Clark: OK. I did. I highlighted it, and I gave it you aide...
Mayor Suarez: Right. Well. But...
Ms. Jennifer Clark: ...to give it to you.
Mayor Suarez: ...please. Give everybody...
Ms. Jennifer Clark: OK. Yeah. OK. All right.
Mayor Suarez: ...the benefit of your points on that, instead of just...
Ms. Jennifer Clark: All right. Just a minute. Just a minute. Take the
time. You know you guys have had this document since June 17th.
Mayor Suarez: We have also heard your argument on why this agency is not
particularly effective, at least three times, maybe five, or maybe ten.
Ms. Jennifer Clark: OK. It is on... It is on... Excuse me. It is on page
20. It is item "D," and it is number one, and it says Greater Biscayne
Boulevard Chamber of Commerce. It say this activity, and this is from the HUD
auditors that came down here, you know, this isn't coming from sky. Mr. Odio
got a copy of this, and so did Mr. Castaneda. This activity is classified as
special economic development assistance to... for private for profit entities
with national objectives of low moderate income area benefits. The
subrecipient is also involved in the facade treatment program. Based on
discuss with staff, the activities that have been carried out are generally
marketing and outreach assistance, which are Chamber of Commerce type
activities, rather than economic development assistance as defined in, and
then they quote a HUD regulation which you are violating. It is a finding. A
violation of law, not a concern.
Mayor Suarez: All right. Wait a minute.
321 July 9, 1992
a
Ms. Jennifer
Clark:
OK.
Twenty-four...
Mayor Suarez:
Are
they...
Wait. Wait.
Ms. Jennifer
Clark:
Yes,
sir.
Mayor Suarez: You have made a very strong statement. Is there a finding of a
violation of a HUD regulation, or a suggestion that maybe there is a
violation?
Mr. Castaneda: It is a suggestion that there is a violation, and we intend to
contest the whole document.
Ms. Jennifer Clark: That doesn't...
Mayor Suarez: We don't agree with the suggestion.
Mr. Castaneda: We do not agree with the finding.
Mayor Suarez: It is not a finding.
Mr. Castaneda: Well, they are making it a finding, but what we are saying...
Ms. Jennifer Clark: It is a finding.
Mr. Castaneda: ...is that we are contesting the whole document.
Mayor Suarez: So it is a finding of violation.
Mr. Castaneda: Yeah. They are...
Mayor Suarez: Well, I tell you what. For myself, Commissioners, I don't know
how you feel about it, and, Don, you are going to want to argue this point, I
would be inclined to suspend the funding up until September loth, hold it in
abeyance, and we have this whole discussion once again on September 10th.
Vice Mayor Alonso: Yeah.
Mayor Suarez: I know you are going to want to address that, if that is the
way the Commission wants to go.
Mr. Hinson: May I say something?
Mayor Suarez: Yes, please.
Mr. Hinson: Jennifer has had her opportunity.
Mayor Suarez: Absolutely. That is why...
Ms. Jennifer Clark: I am not finished yet.
Mayor Suarez: ...you are at bat. But you are just on the board, right, you
are not involved in the actual administration?
322 July 9, 1992
�r.
Vice Mayor Aionso: I think so.
Mr. Hinson: That is correct.
Vice Mayor Alonso: For their sake and ours I think it will have to go this
way.
Mayor Suarez: All right.
Mr. Hinson: I am Don Hinson, President of the Shorecrest Homeowners
Association, also a member of the Chamber of Commerce board.
Mayor Suarez: You actually have a business in the area, or are you a member
of the board by...
Ms. Jennifer Clark: No...
Mayor Suarez: ...virtue of being a resident?
Mr. Hinson: Any association can be of...
Mayor Suarez: So you are kind of...
Mr. Hinson: We are a liaison.
Mayor Suarez: ...the kind of resident that some of these opponents of the
Boulevard Association aren't.
Mr. Hinson: Yeah.
Mayor Suarez: Just like them.
Mr. Hinson: But I must say, Mr. Commissioner, Mr. Mayor, I have read that
same report, and if you go by what the report says...
Ms. Jennifer Clark: That is not true.
Mr. Hinson: ...all of those organizations you just funded to September, there
is only one in there that they favorably recommended, and that was Allapattah.
Ms. Jennifer Clark: That is right. Because they are functioning.
Mr. Hinson: So, what Mr. Castaneda is saying is that he is challenging the...
They are going to challenge the whole HUD report, because HUD is saying that
most of those organizations that you have just funded are in violation of
something. I am saying this to you, Mr. Mayor and Commissioners, that I feel
that this issue of the Biscayne Boulevard Chamber of Commerce...
Mayor Suarez: You know the difference, of course, is that those other
communities are so unstable. Those other economic development entities are so
typical of the ones we want to help, even if sometimes it doesn't seem like
they accomplish much, because it is so difficult to accomplish anything in
some of those neighborhoods, that we might be inclined to go at least to
September loth, and hope that our staff, when we have more time, can describe
323 July 9, 1992
to us what their negotiations with HUD are, and what HUD's response is. In
this particular case, you have got opposition from the neighbors, you have...
Mr. Hinson: ...You have had a..,
Mayor Suarez: ...got a questionable entity. It is not a typical entity, a
Chamber of Commerce. So there is some other factors militating against...
Mr. Hinson: I agree with that, but you have had your thinking colored, what I
consider, by a personal vendetta...
Ms. Jennifer Clark: Can you believe this?
Mr. Hinson: ...of people, and not the... You and every Commissioner here was
given a list of the Chamber of Commerce, what they have accomplished. What he
brought up is that they were not completed, so they are not considered. My
point is, don't single out this CBO as... because of personal considerations.
I don't feel that is fair. The others have been... The others have been
criticized by HUD, but you are funding them. And I don't feel that is being
fair, Mr. Mayor.
Mayor Suarez: Yeah. It's... Yeah. We thought... We were...
Commissioner Plummer: You know, Mr. Mayor...
Mayor Suarez: ...going to fund them until September loth because,
otherwise,...
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: ...they are going to be out in the street. Yeah.
Commissioner Plummer: Mr. Mayor, let me go back because I tell you I am very
very troubled by this. Frank, and I am going to blame you. OK. You know,
you have just allowed me to vote for CBOs and to fund them when you put out a
document, for example, you are asking me to fund a CBO that says, in your
document, and I prefer not to go with the names... This agency has been
experiencing difficulties in complying with administrative and fiscal
requirements of the City's contract. You, Mr. Castaneda, ask me to vote for
that organization with that in this document. Mr. Mayor, going on. This
organization has not fully complied with all the physical and administrative
requirements of the City contract. Specifically, noncompliance with the
insurance requirements, noncancellation of paid invoices and poor internal
management controls, Mr. Castaneda, you just asked me to vote for this.
Going on. Another. It seems there are many internal administrative problems
which needed to be resolved. The de... Has provided with a substantial
amount of technical assistance, and have met with management and boards...
The agency still seems to lack direction as is to its proprieties of complying
with the City of Miami and U. S. Department of Housing and Urban Development
contractual requirements. You, Mr. Castaneda, asked me to vote for that.
This one says, this organization has not aggressively marketed the Latin
Quarter area. You asked me to vote for that. I want to tell you something.
This organization has not complied with the physical and or administrative
requirement of its blank square building contract, including, but not limited
324 July 9, 1992
to, four hundred thousand dollar loan in arrears since 10/1190. Mr.
Castaneda, you asked me to vote for this. Mr. Mayor, I want to tell you
something. I am not comfortable with funding when this document is in my
hands, and in your hands, from my administration telling me that these things
are not in compliance, but yet, asking me to fund, even till September the
10th, without telling me that these matters have been corrected. That...
That... It just doesn't make sense that we would fund with these kinds of
statements being made, by our department, to us. Now, tell me where I am
wrong please. Please tell me, Mr. Manager, where I am wrong.
Mr. Castaneda: Commissioners, Commissioners, we are of the opinion that
Neighborhood Based Organizations have an important role in the development of
the City.
Commissioner Plummer: But you are saying, sir, that they are not in
compliance.
Mr. Castaneda: Commissioner, let me try to answer the question. If we are of
the opinion that Neighborhood Based Organizations are critical in the
neighborhood development of the City, I am telling you that we have to work
with the existing organizations in order to improve and strengthen them.
Every time that we have, in the past, terminated an agency for lack of
performance, we have had a different organization take its place with a lower
performance output.
Commissioner Plummer: But you see.
Mr. Castaneda: What we are saying...
Commissioner Plummer: Let me tell you where you are making your mistake.
Mr. Castaneda: ...we are trying to do is to put enough pressure to get the
Director to work. To get the Board to work and so forth. And if you read the
front part of the memo, we are basically saying that we believe that working
with the NET administrators, in the area, we can try to get them to work a lot
better.
Commissioner Plummer: Frank, if I were HUD, sitting in Washington, reading
this document, I would burn your pocketbook. OK? I just don't know how you
can sit here and ask me to fund organizations when, you, your department, are
making comments that are so contrary to good sound business judgement. I am
not going to read them again, but it doesn't make sense to me. Where are you
during the year, with the monitoring of coming back to this Commission, and
saying, Commissioners, this organization refuses to comply with the
contractual agreements. I never hear that from you, or from the department.
How can you ask me to vote for something like this? I don't understand. I am
sorry.
Mayor Suarez: Well, the other possibility, to be consistent, is to, much to
the dismay of Ms. Clark, to go ahead and extend the funding on this, also,
until September 10th, and at this point I would be inclined to go either
way...
Mr. Carlos Luis Brito: Excuse me.
325 July 9, 1992
Mayor Suarez: It is a closed question, I think. In the past we have resolved
most of our problems with HUD, and in any event, I have a feeling we are going
to hear from Ms. Clark, again, and company, on the loth of September. The
other group is not here except for Don, so, anyway you want to go,
Commissioner, is all right.
Mr. Brito: Mayor, can you give me thirty seconds, please.
Mayor Suarez: Carlos, you are heading towards, at least, a partial victory,
and we have got other items. I mean don't push your luck here.
Commissioners, what is your pleasure on the particular CBO, Greater Biscayne
Boulevard Association? Is that the correct title? You were calling it the
Biscayne Boulevard Economic Development, or something. [INAUDIBLE RESPONSE
NOT ENTERED INTO THE RECORD] Chamber of Commerce, right. It is not an
economic development...
Commissioner Plummer: According to this, Greater Biscayne Boulevard Chamber
of Commerce, Inc.
Mayor Suarez: Right. All right, what is your pleasure, anyone, on that
issue, and we got to move on.
Commissioner Plummer: Let me ask you this, Frank. Is there a way that we
can... My father used to say it is a mean man that won't compromise. Can we
fund the chamber for half a year, and their group for half a year? [INAUDIBLE
RESPONSE NOT ENTERED INTO THE RECORD] You don't want funding. Well, I tried.
Mayor Suarez: All right. What is your pleasure, Commissioners. We have
heard most of the arguments. It is a matter of taking them to the loth of
September, or not, on this particular CBO. I can't imagine that Carlos Luis
would want to add anything on the other matters, but... No action on that?
No motion? All right. [INAUDIBLE RESPONSE NOT ENTERED INTO THE RECORD] I
thought you were against the funding.
Ms. Judy Clark: I am against it...
Mayor Suarez: Well, it is heading in your direction so I would strongly
suggest that you resume your seat, all of you. All right. Item... There 1s
no action on it, that means no funding. Correct, Mr. City Attorney?
Commissioner Plummer: Mr. Mayor, I want, once again, to tell all the CBOs...
Mayor Suarez: Let met just... Let me just make sure I get that on the
record. All right?
Commissioner Plummer: They know who they are by the comments that I have
made. OK? You know who you are. And I am saying to each and every one of
you, if you expect this vote, favorably, on September the loth, you had better
get into my office and prove to me that you are in compliance, and you are not
what these statements in this report, that I have here, says that you are.
Because, if not, I can't vote for you, I am sorry.
326 July 9, 1992
M-
E.
Mayor Suarez: OK. You are forewarned. That fact that we don't take action
on one particular CBO...
Commissioner Plummer: No action is no action.
Mayor Suarez: ...does that mean, in effect, no funding?
Vice Mayor Alonso: No action. No money.
32. DISCUSS AND DEFER (TO JULY 16TH MEETING) CONSIDERATION OF PROPOSED
RESOLUTION AUTHORIZING MANAGER TO EXECUTE AGREEMENT WITH LEISURE
MANAGEMENT MIAMI, INC. (LMM) TO OPERATE AND MANAGE THE JAMES L. KNIGHT
CONVENTION CENTER (OCTOBER 1, 1992 - SEPTEMBER 30, 1997).
------------------------------------------------------------------------------
Mayor Suarez: All right. Item 10. Commissioner Dawkins.
Commissioner Dawkins: I asked that this be removed from the agenda at the...
Commissioner Plummer: Second.
Commissioner Dawkins: No. No. Sports Authority meeting, J.L. Plummer, it
was moved to approve it. So the Sports Authority wants to approve it, so I
would move it.
Commissioner Plummer: Well, wait a minute now. Then I have got a problem.
Commissioner Dawkins: OK. Go ahead.
Commissioner Plummer: I did not go into it predicated on the fact that you
were going to defer it. So I am now going to ask for it to be deferred
because I did not spend my time to read and to digest what was there.
Commissioner Dawkins: I have no problem with that.
Commissioner Plummer: So I will ask that it be deferred until next week.
Commissioner Dawkins: Second.
Mayor Suarez: So moved and seconded. Any discussion? Are you talking about
until the 16th?
Commissioner Dawkins: No. The loth.
Commissioner Plummer: Till the next meeting, sir.
Commissioner Dawkins: Yeah. The 16th.
Commissioner Plummer: The 16th.
327 July 9, 1992
a
E
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
THEREUPON, the City Commission, on motion duly
made by Commissioner Plummer and seconded by
Commissioner Dawkins, deferred consideration of
the above matter by the following vote:
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.
---------------------------------------------------------------------------
33. DISCUSS AND MOMENTARILY TABLE CONSIDERATION OF PROPOSED PROFESSIONAL
SERVICES AGREEMENT WITH PEAT MARWICK MAIN AND COMPANY, CERTIFIED PUBLIC
ACCOUNTANTS, WITH PARTICIPATION OF GRAD AND COMPANY -- TO ANALYZE
FINANCIAL VIABILITY OF PROPOSALS IN RESPONSE TO RFP FOR UNIFIED
DEVELOPMENT PROJECT (UDP) ON CITY -OWNED PROPERTY ALONG S.W. NORTH RIVER
DRIVE BETWEEN S.W. 2 AND 3 STREETS (See label 35).
------------------------------------------------------------------------------
Mayor Suarez: Item 11. Peat Marwick study for a UDP (Unified Development
Project) for City owned properties between S.W. 2nd and 3rd streets, along
S.W. North River Drive.
Mr. Cesar Odio (City Manager): These monies will be reimbursed by the
successful developer.
Mayor Suarez: Assuming there is one, of course.
Mr. Odio: If we have one.
Mayor Suarez: OK. I will entertain a motion on this. Moved. They are also
included...
Commissioner Plummer: What is this, on 11?
Mayor Suarez: ...with Grau and Company, yes.
Vice Mayor Alonso: What will be refunded the...
Mr. Odio: The successful developer will be refunding.
Mayor Suarez: Do we anticipate successful bidders?
328 July 9, 1992
Mr. Herb Bailey (Asst. City Manager): We hope we get some responses. We
don't know yet, Commissioner. This is the third time we have been out with
it.
Commissioner Plummer: Well what is it... This is to lease out what property?
Mr. Bailey: It is the property on River Drive around by the Cast Coast
Fisheries, down in that neighborhood.
Mayor Suarez: Is this the a what is now...
Commissioner Plummer: Wait a minute. Wait a minute.
Mayor Suarez: ...presently, in fact, a restaurant? A seafood restaurant?
Mr. Bailey: Well, it is not the seafood restaurant.
Mayor Suarez: Oh, seafood...
Mr. Bailey: It is a little parcel of land that we have there, that we are
trying to put out the bid to get some more revenue.
Mayor Suarez: There is nothing happening there? No...
Commissioner Plummer: Can I see it on the map, please?
Mayor Suarez: There should be bidders on this. I can't imagine somebody
wouldn't bid.
Mr. Bailey: I don't even know where we have that on the map here. We didn't
bring that here because...
Commissioner Plummer: Well, I would like to see...
Mr. Bailey: ...this is just for the...
Commissioner Plummer: I would like to see what I am voting on.
Mr. Bailey: Well, this is just for the public accounting firm to evaluate the
proposal. We have already...
Commissioner Plummer: I might not want to spend the money for them to do it,
if I don't want to put it out.
Mr. Bailey: You have already approved to put it out.
Commissioner Dawkins: Yee hool San Antonl
Mayor Suarez: Commissioner Plummer, in view of the hour of the day, and the
amount of money, if it is a recommendation of staff, maybe we ought to go with
their recommendation. It is a... It will be embarrassing...
Commissioner Plummer: Isn't that where the mini -grant was just applied for by
the bed and board? I will ask that this be deferred until the next meeting
please.
329 July 9. 1992
�e •
Commissioner Dawkins: Alleluial
Mayor Suarez: Deferred. Moved to defer until the 16th?
Commissioner Plummer: Yeah.
Mayor Suarez: OK. Please brief him so that we don't get another deferral,
hopefully, the rest of us will...
Commissioner Plummer: Have we got bids on it?
Mr. Bailey: The bids haven't come in yet. September 8th, they are due. If
we don't go through with the evaluation the Certified Public Accountant the
UDP process is defaulted. We might as well not receive bids.
Commissioner Plummer: But are you talking about...
Commissioner Dawkins: That is OK. Let it default.
Commissioner Plummer: ...a small lot, and you are going to pay twenty-six
thousand dollars for a CPA (Certified Public Accountant) firm to analyze?
Mr. Bailey: They analyze more than just one proposal, Commissioner. We may
have three or four.
Commissioner Plummer: We can't do it in-house?
Mr. Bailey: No. It is required to have independent account. That is part of
the regulations. We do this all the time.
Commissioner Plummer: Yeah. I know that is why we are in financial trouble.
Vice Mayor Alonso: We will be reimbursed by the developer.
Mr. Bailey: Yes. We get the money back. We charge fees for the application
process. We sort of offset our expenses with this item. All of these items.
Commissioner Plummer: Is it by the bidders that they will pay this fee
regardless of whether we award it or not? [INAUDIBLE RESPONSE NOT ENTERED
INTO THE RECORD] I didn't say that. What happens if we decide not to put it
out?
Mr. Bailey: What do you mean? You already decided to put it out. It is out
to the public.
Commissioner Plummer: Not if I don't get a bid that I don't think is a
reasonable return on my money.
Mr. Bailey: Well, you won't know that...
Commissioner Plummer: I will throw them all out.
330 July 9, 1992
Mr. Bailey: You won't know that until we get the evaluation, and the
accountant is part of the evaluation.
Commissioner Plummer: And we are spending... I would prefer to wait and see
if we get any bids. Why are we engaging somebody? We might not get any bids.
Vice Mayor Alonso: But the process dies. Explain to him, Herb.
Mr. Bailey: I am sorry.
Vice Mayor Alonso: We have to do this in order to continue the process.
Mr. Bailey: Yes. We cannot come back to you with a recommendation until we
have the proper evaluation.
Commissioner Plummer: Excuse me.
Mr. Bailey: Yeah.
Commissioner Plummer: If you don't have any bids, why do you need a CPA?
Mr. Bailey: We don't have the bids, we don't have no work for the CPA to do.
Commissioner Plummer: Well, but then you are engaging them here.
Mr. Bailey: No. We are putting the contract for them to be engaged if we
have bids. If we don't have bids, obviously, they can't work.
Vice Mayor Alonso: It dies.
Mr. Bailey: So they don't get paid.
Commissioner Plummer: Go ahead. You want to do it. Hey, you know...
Mayor Suarez: All right. I take that to be a motion. Do we have a second?
Commissioner Dawkins: I second J.L.'s motion.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Ms. Hirai: On Commissioner Plummer's motion...
Commissioner Plummer: Deep pockets.
Ms. Hirai: ...to defer?
Commissioner Dawkins: No. J. No. To approve.
Ms. Hirai: Commissioner De Yurre moved it.
Commissioner Dawkins: No. J. L. Plummer moved it, I seconded it.
Ms. Hirai: Oh. OK. All right. You moved this issue, Mr. Commissioner?
331 July 9, 1992
Commissioner Dawkins: He has got no choice.
Commissioner Plummer: I moved to defer. I will be willing to withdraw...
Ms. Hirai: Exactly, he had moved to defer.
Commissioner Plummer: ...if you wish.
Mayor Suarez: All right. I will entertain a motion.
Commissioner Dawkins: You moved to defer?
Commissioner Plummer: That is what I moved,...
Mayor Suarez: He might withdraw the motion to defer.
Commissioner Plummer: ...but if you want to go ahead to do the process, as
long as we can stop it in the interim we can.
Vice Mayor Alonso: We can't stop it. If we don't have a...
Mayor Suarez: All right.
Mr. Bailey: I would suggest that we just let us go through the process,
please.
Vice Mayor Alonso: Yeah. I move...
Mr. Bailey: If we don't...
Mayor Suarez: All right.
Mr. Bailey: ...get a bid then we don't hire the accountants. If we get
bids...
Commissioner Plummer: Before you send it... Let me tell you how I will feel
comfortable. Before you send any of the bids to the auditors, surrender them
to us first.
Ms. Hirai: We have a motion. We have a motion. Yes.
Mr. Bailey: That is a violation of the process. If you want to do that, we
will do it,...
Commissioner Plummer: Why?
Mr. Bailey: ...but it is a violation of the process.
Mayor Suarez: We are going to move it, Herb, but please in the next...
Mr. Bailey: It is the UDP, Commissioner, and the guidelines for UDP are
pretty clear. It is on the Charter.
Commissioner Plummer: Who makes the guidelines?
332 July 9, 1992
10
Mr. Bailey: They are part of the Code in the Charter.
Commissioner Plummer: You are telling me that...
Mr. Bailey: We don't make them.
Commissioner Plummer: ...when the bids come in, I, as a Commissioner, do not
have the right to look at them?
Commissioner Dawkins: Not until they are opened here.
Commissioner Plummer: Wait a minute. Are you telling me, that when bids are
received...?
Mr. Bailey: I defer to the City Attorney on that.
Commissioner Plummer: I am asking the question. I can't believe that. It
might be in there. There is a lot of things in there that I don't believe. I
am sorry. There are a lot of things in there that don't make any sense at
all, but...
Mr. Bailey: They really go to the Manager, who then sends them to you.
Commissioner Plummer: I am asking the question, as a Commissioner. A
document which is surrendered as a public record, I think any member of the
public would have the right to look at them, much less myself as a
Commissioner who have to vote on the issue. Is it not a public document? The
minute that thing hits any City desk It is a public document, and yet I am
being told because of the...
Mr. Bailey: I didn't say you couldn't see it. It is just a violation of the
process that we have been going through for UDP.
Commissioner Plummer: Aaahhh! What is convenient for you.
Mr. Bailey: I said that up front.
Commissioner Plummer: Now, that is not what I asked. I asked that I would
like to see... What I'm trying to get about is this. If you get bids that I
don't feel are anywhere near reasonable return, I don't want to send it to the
auditors, and engage the auditors, and pay for money that eventually I am
going to say, hey, we throw out all the bids.
Mr. Odio: You are not paying for the auditors, Commissioner. The developer
pays for the auditors.
Commissioner Plummer: Not if I throw out all the bids, sir.
Mr. Bailey: May I remind you that...
Commissioner Plummer: Am I right. Whoa! Whoa! Whoa, now. Two people
talking, and you are talking two different languages. Are you saying to me
that if we throw all of the bids, that the bidders are going to pay for the
auditors?
333
July 9, 1992
AIM
Mr. Bailey: No, I am not saying that.
Commissioner Plummer: Well, that is exactly what I am saying.
Mr. Bailey: No. I...
Commissioner Plummer: If we wind up throwing out all of the bids because we
don't feel they are reasonable, why engage the auditor?
Mr. Bailey: Commissioner, you do not involve yourself in throwing out the
bids until they are recommended by the Manager. You have selected... You
have put together a committee...
Mayor Suarez: Yeah. Any solution we will welcome, Mr. Manager.
Mr. Odio: I tell you what. I am going to defer this. We are going to get
the bids back, and we will review them, evaluate them, and if we feel that...
Commissioner Plummer: That is fine.
Mr. Odio: ...we have a successful...
Mr. Bailey: Whoa. Whoa. Whoa. Wait a minute. Hold it. I don't mind if
you do that...
Mr. Odio: You know, I don't have to sit here all night listening to this.
Mr. Bailey: I know, but I have an obligation to tell him and you what the
process is. You have already selected a committee of people to do that.
Would you like for us to throw them out.
Commissioner Plummer: No, sir.
Mr. Bailey: That violates UDP process.
Commissioner Plummer: Sir, don't put words...
Mr. Bailey: We do not bring it to you for you to do that.
Commissioner Plummer: Don't put words in my mouth. I was very clear. I will
be clear again, if you need clarification. Clarification is I would like to
see what the bids amount to, if we receive any bids.
Mr. Odio: If the Selection Committee that has been appointed by... Finds
that there are successful bidders here, we will come back and get the
accountant.
Commissioner Plummer: Sir, that is not what I said.
Mr. Odio: What?
Commissioner Plummer: Once you receive the bids, and they become a public
document...
334 July 9, 1992
dr \
Mr. Odio: You want to...
Commissioner Plummer: I would like to see them...
Mr. Odio: You can see them, but I want...
Commissioner Plummer: ...before you engage a CPA firm.
Mr. Odio: I didn't say we were going to engage a CPA firm. I said we'll send
it to the selection committee and if they evaluate and find that they have a
good bid, then we'll come back to you and tell you that.
Commissioner Plummer: I'm still asking the question. Do I have the right to
see the bids when they are received?
Mr. Odio: Do they?
City Attorney Jones: Yeah,...
Mr. Odio: Yes.
City Attorney Jones: ... you have that right.
Commissioner Plummer: Thank you. And I'm asking for that right to be
exercised and I will expect the Administration, when those bids are received,
to provide each member, if they wish, of this Commission...
Mr. Odio: Fine.
Commissioner Plummer: ... with copies of those bids. That's all I'm asking.
Mr. Odio: We will send them to you.
Mayor Suarez: By the way, Mr. Manager,...
Vice Mayor Alonso: And then we can move on this.
Commissioner Plummer: Exactly.
Mr. Odio: Yes.
Mayor Suarez: ... with all due regard for my friends, CPAs out there, this
UDP ordinance was passed before I was elected and I read it at the time. It
was 16 pages long, I think. It made no sense to me at the time. It still
makes no sense to me. I would strongly recommend that unless we have huge
projects, which is really the basic rationale for UDP that you look to having
a change in the ordinance to simplify all of this so that we can do all the
kinds of things that we are talking about right now.
Vice Mayor Alonso: Mayor, they tried.
Mr. Bailey: We tried that and you threw it out.
Vice Mayor Alonso: They tried before election...
335
July 9, 1992
C
Mr. Bailey: But you threw it out.
i
Vice Mayor Alonso: ... and it was turned down by this Commission, because
they didn't want to get involved in that.
Mr. Bailey: You threw it out. We tried to get a charter amendment to do
that.
Mayor Suarez: Maybe it was the wrong time.
Vice Mayor Alonso: He came to us.
Mayor Suarez: Try us again,...
Mr. Bailey: All right.
Mayor Suarez: ... because this is a really clumsy...
Vice Mayor Alonso: He came and we didn't want to deal with it. It was
election time.
Mr. Odio: He brought a whole package changing the whole thing and it was
screamed out of here.
Mayor Suarez: One simple change might do it, which is a repeal of the
ordinance and go back to the regular RFP process.
City Attorney Jones: Mr. Mayor.
Mayor Suarez: Anyhow...
City Attorney Jones: Commissioner Plummer, let me make one clarification with
that.
Commissioner Plummer: Surely, sir.
City Attorney Jones: While you may be entitled to look at that or review that
document as a public record, what the Administration has to be careful to do
before it's even released to you is to make sure that there are no trade
secrets whatever that are contained within those particular documents because
those particular items would be exempt from disclosure until whatever point in
time.
Commissioner Plummer: The bottom line of what the bid is in the dollars
returned to the City is not disclosure.
Mr. Od1o: My advice to you... I'll tell you, I have been in many UDP... I'd
rather not see any of them. I'd rather them go to the selection committee and
they can be objective...
Mayor Suarez: That's your preference. You have a preference on a lot of
things that we'd rather see.
336
July 9, 1992
Commissioner Plummer: Mr. Manager, you might recall that the reason that I'm
bringing this subject up was 1n fact the old police station. We went out
there and we got no bids. OK? I need to remind you of that.
Vice Mayor Alonso: Mr. Mayor,... �—
Mayor Suarez: Yes. --
Vice Mayor Alonso: ... we understand that you are asking the Administration
to bring this item back to us. Maybe this time we will take an action.
Mr. Bailey: No, I thought you were asking us to, when the bids are received,
to give each one of you a copy.
Vice Mayor Alonso: No, I'm talking about the proposal to change...
Mr. Bailey: Oh, the charter change we tried to put through?
Vice Mayor Alonso: Yes.
Mr. Bailey: We have it already written. We'd be glad to.
Mayor Suarez: All right.
Vice Mayor Alonso: Great.
(AT THIS POINT, CONSIDERATION OF THIS ITEM WAS
MOMENTARILY INTERRUPTED. See label #35.)
34. DISCUSSION CONCERNING PROPOSED RESOLUTION TO AUTHORIZE INCREASE
($25,000) IN CONTRACT WITH URBAN CONSTRUCTORS, INC. -- FOR CURTIS PARK
REDEVELOPMENT - FIELDWORK PROJECT (SECOND BIDDING) B-2983-H (CIP
3313353) -- REQUEST ADMINISTRATION TO REPORT BACK ON ALLEGATIONS THAT
URBAN CONTRACTORS HAS NOT PAID THEIR SUBCONTRACTORS.
Commissioner Plummer: Mr. Mayor, may I ask of the Administration. On item
44, Mr. Manager, by the time we get to that, you provided us with a memo on
Urban Contractors of how many contractors, subcontractors...
Mr. Odio: Subcontractors.
Commissioner Plummer: OK. Whatever it is. That they had been 1n
disagreement with and had not paid. Do you remember sending me the memo?
Mr. Cesar Odio (City Manager): Yes.
j Commissioner Plummer: And I asked, please, that you furnish each one of us -
j since it's not in our backup material - they had obviously not paid many, many
of the subcontractors and I want to make sure that they are paid prior to us
giving them any expansion of the scope of their project, which I don't like to
do in the first place. Thank you, Mr. Mayor. All right.
337 July 9, 1992
35. (Continued Discussion) CONCERNING PROFESSIONAL SERVICES AGREEMENT WITH
PEAT MARWICK MAIN AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS, WITH
_ PARTICIPATION OF GRAU AND COMPANY -- TO ANALYZE FINANCIAL VIABILITY OF -
PROPOSALS IN RESPONSE TO RFP FOR UNIFIED DEVELOPMENT PROJECT (UDP) ON
CITY -OWNED PROPERTY ALONG S.W. NORTH RIVER DRIVE BETWEEN S.W. 2 AND 3
STREETS (See label 33).
------------------------------------------------------------------------------
Mayor Suarez: Item 12. _—
Commissioner Dawkins: Move it.
- Ms. Hirai: Mr. Mayor, can we call the roll on 11, please?
Mayor Suarez: What did we do finally on 11?
Commissioner Plummer: What we are doing is, Mr. Mayor, we are going to have,
we are going to go with the process,...
Mayor Suarez: All right. Then we have to vote on a...
Commissioner Plummer: ... we are selecting the firm but they will not be
engaged until such time as we have seen the bids.
Mayor Suarez: I got you. We've got a motion then before recorded from
Commissioner De Yurre seconded by Vice Mayor Alonso on 11.
Ms. Hirai: Seconded by Commissioner Dawkins.
Mayor Suarez: OK. Seconded by Commissioner... Vote on 11, please.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 92-460
A MOTION SELECTING THE FIRM OF PEAT MARWICK MAIN AND
COMPANY, CERTIFIED PUBLIC ACCOUNTANTS, WITH THE
PARTICIPATION OF GRAU AND COMPANY, FOR PROFESSIONAL
' SERVICES IN CONNECTION WITH THE FINANCIAL VIABILITY OF
PROPOSALS IN RESPONSE TO REQUEST FOR PROPOSALS FOR A
UNIFIED DEVELOPMENT PROJECT ON CITY -OWNED PROPERTY
LOCATED BETWEEN S.W. 2 AND 3 STREETS ALONG S.W. NORTH
RIVER DRIVE; FURTHER DIRECTING THE ADMINISTRATION NOT
'l TO ENGAGE SAID PROFESSIONAL SERVICES UNTIL SUCH TIME
AS THE CITY COMMISSION HAS FIRST BEEN PROVIDED A COPY
OF ALL BIDS RECEIVED FOR REVIEW OF SAME.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
338 July 9, 1992
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
36. AUTHORIZE MANAGER TO ACCEPT A HOME INVESTMENT PARTNERSHIPS PROGRAM GRANT
(HOME PROGRAM) OF $5,314,000 FROM U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) -- TO STIMULATE DEVELOPMENT AND CONSERVATION OF
HOUSING AFFORDABLE TO LOW AND VERY LOW INCOME FAMILIES / INDIVIDUALS --
AUTHORIZE MANAGER TO IMPLEMENT HOME PROGRAM GUIDELINES AND EXECUTE
NECESSARY AGREEMENTS.
------------------------------------------------------------------------------
Mayor Suarez: Item 12.
Vice Mayor Alonso: Yeah,.,,
Commissioner Dawkins: Move it.
Vice Mayor Alonso: ... moved.
Commissioner Dawkins: Second. Under discussion. Why is it... I mean, is it
any way that the $1,816,900 scheduled in here to be spent on home multifamily
housing rehab loan program, is it any way that could be deleted and added to
home assistance, first-time home buyers?
Mr. Cesar Odio (City Manager): That's a good question.
Mr. Jeff Hepburn: Basically, we can do anything the Commission wishes.
Commissioner Dawkins: Beg your pardon?
Mr. Hepburn: We can do basically anything the Comfnission wishes.
Commissioner Dawkins: All right. Well,...
Mr. Hepburn: The only problem, Commissioner, is that we don't have money in
that particular program at this point.
_ Commissioner Dawkins: Which one?
Mr. Hepburn: Multifamily rehab.
Commissioner Dawkins: Well, I'm glad. That's all that we used the Federal
money for. All the money we got from HUD (U.S. Department of Housing and
Urban Development) for was to rehab old homes in that neighborhood. All the
339 July 9, 1992
money that we spent, we spent it rehabbing "concrete monsters," for the lack
of a better word. 5o we don't need to rehab any more.
Commissioner Plummer: Are we assured...
Commissioner Dawkins: Let's build some new... I mean, let's build affordable
homes. _
Commissioner Plummer: The last time that I looked into this, I found homes
down on Poinciana Avenue near $180,000 homes. Am I assured that there's not
any of those going to be in this?
Mr. Hepburn: No, we could only... _-
Commissioner Dawkins: No. If they can put a $59,000 house next to a $118,000
one, we will sure find them there.
Mr. Hepburn: We can only spend this money in the CD (Community Development) _
target areas. 5o, basically that wouldn't happen, I don't think.
Commissioner Plummer: And may 1 inquire, is there a maximum value of a house in which you can do this in?
Commissioner Dawkins: Yes.
Mr. Hepburn: Yes.
Commissioner Dawkins: Fifteen thousand.
Commissioner Plummer: What is that maximum?
Commissioner Dawkins: Fifty-nine thousand.
Mr. Hepburn: Well,... No, no.
but I think sixty-two...
It depends on the bedroom sizes of the unit,
Commissioner Plummer: I said the value.
Mr. Hepburn: It's based on FHA (Federal Housing Association) 203 figures.
Commissioner Plummer: What is the value?
Mr. Hepburn: For a...
Commissioner Dawkins: Four bedroom.
Mr. Hepburn: ... single-family home...
Commissioner Plummer: What is the...
Mr. Hepburn: For a single-family home, I think that's eighty-two thousand.
Commissioner Plummer: What is the maximum value that they can implement in
this program?
340
July 9, 1992
Mr. Hepburn: Well, there are a couple of different programs. Let me explain
something.
Commissioner Plummer: What is the maximum that you can involve in this
program? Is it $80,000 home? Seventy thousand dollar home?
Mr. Hepburn: What I'm saying to you is, it's based on the FHA, for Dade
County, 203 limits. At this point, for a single-family home, it's $82,000.
Commissioner Plummer: Eighty-two thousand?
Mr. Hepburn: Correct.
Commissioner Plummer: That was my answer. Thank you.
Mayor Suarez: OK.
Commissioner Dawkins: Is it the will of this Commission that the...
Commissioner Plummer: Excuse me. I have one other question, Dawkins.
Commissioner Dawkins: Go right ahead, J.L.
Commissioner Plummer: What is the maximum amount that any one individual can
receive?
Mr. Hepburn: Again, Commissioner Plummer, there are different programs that
we are talking about. OK?
Commissioner Plummer: What is the maximum any one application can receive?
Mr. Hepburn: If a person bought a single --family home, the program that deals
with the home ownership program, the maximum is $60,000 we can provide them.
Commissioner Plummer: You can provide up to $60,000...
Mr. Hepburn: Sixty thousand dollars.
Commissioner Dawkins: For single family.
Commissioner Plummer: ... on an $80,000 home.
Mr. Hepburn: For single family. Right. Now, we are talking about new
construction, we are talking about the bedroom sizes. You know, if it's a
four bedroom the max we can go is $629000. It depends on what we are doing.
I'm saying there's one program that deals with new construction and the
developer, when he builds that product, he has a fixed cost in terms of what
he can charge per unit, construction cost.
Commissioner Plummer: Well, what you are saying to me is that you, in this
program, can receive, as an individual applicant up to $60,000 on an $80,000
home.
341 July 9, 1992
�.
Commissioner Dawkins: Yes,...
Mr. Hepburn: You could.
Commissioner Dawkins:
subsidized...
Mr. Hepburn: Exactly.
... because the rest of the money will come from other
Commissioner Dawkins: ... programs, such as...
Mr. Hepburn: Surtax is one of them or either then we get a first mortgage.
In the case where a person's buying a home, they would get a first mortgage
from a bank and the City would come 1n with a second mortgage.
Commissioner Dawkins: Or they...
Mr. Hepburn: It would never reach that level in terms of $60,000.
Commissioner Dawkins: What's that money Carrie Meek got? What is it? -
surtax money.
Mr. Hepburn: Surtax. Correct.
Commissioner Dawkins: All that money comes in. Yes.
Commissioner Plummer: OK.
Commissioner Dawkins: But, now is it the will of this Commission to take this
money from rehabbing old buildings and put into building affordable homes on
the fourth page over here?
Commissioner Plummer: Are you saying new housing, as opposed to rehab?
Commissioner Dawkins: Yes. Rehabbing old... Wait.
Commissioner Plummer: Well, when you take a city that's ninety-six percent
(96%) occupied, I would say that it would be going towards rehab.
Mr. Hepburn: I think that component is very important. You know,...
Commissioner Dawkins: Well, I will not vote for that. I mean, but that':
just my vote. I mean,...
Commissioner Plummer: Well, give me your reasons for it, and maybe I'll...
Commissioner Dawkins: The reason is that I'm tired of, in my neighborhood,
that's the only place they come to rehab old houses, and it's about time that
I put some new construction in there that will be here 25 years from today anc
not rehab something that's already 60 or 80 years old.
Commissioner Plummer: Well, but Miller, let me ask you this question.
Commissioner Dawkins: Yeah.
342
July 9, 1992
Commissioner Plummer: Why can't you offer the best of both worlds? I would
hate to deny the person who has a run down house the ability through this
program to upgrade and not live in a run down shack by excluding...
Commissioner Dawkins: But this multifamily. This is not single family.
Commissioner Plummer: Even that. 00 I'm saying why are you limiting it to
rehab or to new? Why not make it both?
Commissioner Dawkins: Because the other program funded by HUD has come in and
all of the developers, big developers, have gotten the HUD money, rehabbed all
of those houses, and they look now, just some of them, just like they looked
prior to rehabbing, simply because in that neighborhood it's rental and it's
not ownership. Now if you are talking in terms of taking some of the multi -
dwellings and making them - I don't want to call them condominiums - but
letting the owners go in and borrow the money and rehab it and they own the
unit, you got me. But renters, the property just goes back to the state it
was before you did it.
Mr. Hepburn: Commissioner Dawkins, we do have money set aside for new housing
in terms of multifamily, $2,000,000. I think there's still an urgent need,
real need for money in that multifamily program. There are properties out
there where tenants are living in bad conditions. That's the only way we can
improve their conditions.
Commissioner Dawkins: Look, whatever this Commission does, is fine. I'm not
voting for it. Whatever this Commission does, I will not vote to put any more
money into old construction. That's just me. But you see, that's why you got
five Commissioners up here, to get three votes out of it.
Mayor Suarez: Do we have a motion on item 12, Madam City Clerk?
Commissioner Plummer: Well, Commissioner. I'm trying to find a common
ground.
Ms. Hirai: No, Mr. Mayor.
Commissioner Plummer: If we have a total of $5,000,000, for round numbers,
could we not address a million for rehab and four million for new? I mean, is
that within our purview to do such?
Mr. Hepburn: We could shift it around if that's what your wishes are.
Commissioner Dawkins: But, you see, J.L. On the first one, it's home
multifamily new construction program, they put $2,000,000 in that one. In the
home multifamily housing rehab loan program, that's rehab, it's another one
million eight. Then they go over here to home assistance community housing
development organization development program and they put $797,000 in that.
And then in home assisted first time home buyers, they put $700,000. They got
the least amount of money into single family homes where people should be
trying to own homes and unless we make some affordable homes available, they
aren't going to be able to afford a home. You got people now getting out of
college, both of them, up here to debt, they can't pay no $300,000, $200,000
343 July 9, 1992
AOL
for a house. We've got to make something available to them, and $80,000 is
more in line with what people getting out of school, in debt, can pay. And
that's just it.
Mayor Suarez: OK. As to item 12.
Vice Mayor Alonso: Could you correct me? I have the impression, from the
five million, can we take one and leave four? -_
Mr. Hepburn: Say that again, Commissioner.
Vice Mayor Alonso: The total amount that I have here in front of me is five
million three hundred and fourteen.
Mr. Hepburn: That's correct.
Vice Mayor Alonso: Can we take one million and leave the rest for new homes?
Commissioner Dawkins: Seven hundred thousand, not one million, Commissioner.
Mr. Hepburn: Whatever this Commission wishes.
Vice Mayor Alonso: Why...
Mr. Hepburn: The only concern in terms of why staff recommended certain
levels for each program is based on the CHAS (Comprehensive Housing
Affordability Strategy), which was a study of what Miami's housing needs are,
and based on that study it appeared to us and based on the numbers, that
rental housing is one of the key areas that needs to be addressed. So we felt
through new construction - because new construction takes so long, you know,
sometimes it takes up to two years to get a project delivered - that rehab
would be the other way to quickly bring these units on line. And there is a
need out there. There is a need to rehab...
Vice Mayor Alonso: Commissioner,..,
Mr. Hepburn: ... a lot of the multifamily properties still in Little Havana,
in Little Haiti. I agree there's been a lot of rehab in Overtown and Model
City. But there 1s still that need out there. Allapattah. There's still
that need out there.
Vice Mayor Alonso: Would you be agreeable to four million for new homes and
one for rehab?
Commissioner Dawkins: Yeah. Yeah, I have no problem with that.
Vice Mayor Alonso: We can then have both worlds...
Mayor Suarez: With that distribution,...
Vice Mayor Alonso: One for rehab, four for new homes.
Mayor Suarez: ... will you move the item? All right. With that
distribution, you move the item,...
344 July 9, 1992
Vice Mayor Alonso: Yes.
Mayor Suarez: ... Madam Vice Mayor?
Vice Mayor Alonso: Yes.
Mayor Suarez: Second. Commissioner Dawkins. Call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-461
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO ACCEPT A HOME INVESTMENT PARTNERSHIPS
PROGRAM GRANT (HOME PROGRAM) IN THE AMOUNT OF
$5,314,000 FROM THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD), FOR THE PURPOSE OF
STIMULATING THE DEVELOPMENT AND CONSERVATION OF
HOUSING AFFORDABLE TO LOW AND VERY LOW INCOME FAMILIES
AND INDIVIDUALS IN THE CITY OF MIAMI; APPROVING THE
HOME PROGRAM GUIDELINES ATTACHED HERETO AND
INCORPORATED AND AUTHORIZING THE CITY MANAGER TO
IMPLEMENT THE HOME PROGRAM IN ACCORDANCE HEREWITH;
ALLOCATING SAID HOME PROGRAM GRANT FUNDS AS HEREIN
DESIGNATED; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL THE NECESSARY AGREEMENTS AND DOCUMENTS, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE
CITY OF MIAMI AND HUD FOR IMPLEMENTATION OF SAID HOME
PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
345 July 9, 1992
------------------------------------------------------------------------------
37. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: FEDERAL HOME
INVESTMENT PARTNERSHIPS GRANT PROGRAM (FIRST YEAR) -- APPROPRIATE
$5,314,000, AS APPROVED BY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD).
------------------------------------------------------------------------------
Mayor Suarez: Item 13. Emergency ordinance requiring 4/5ths vote. New
special revenue fund, federal home investment partnership program. It's a
companion item.
Commissioner Dawkins: Move it.
Mr. Jeff Hepburn: Yes it is.
Vice Mayor Alonso: Yeah, I move.
Mayor Suarez: Moved. Seconded by the Vice Mayor. Read the ordinance.
AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE
INTO THE PUBLIC RECORD BY TITLE ONLY.
Commissioner Plummer: State the emergency because I don't understand why It's
an emergency.
Mr. Hepburn: Commissioner Plummer, it's an emergency because we are running
against the clock in terms of when this money has to be expended. The City
did not get notified by HUD (U.S. Department of Housing and Urban Development)
until May, the month of May, in terms of the funds being available. It's
very...
Mayor Suarez: And the dire state of housing in the City of Miami and the
poverty and all the other things,...
Mr. Hepburn: Exactly.
Mayor Suarez: ... this would be improved enormously, folks, including
employment.
Commissioner Dawkins: That's right.
Mayor Suarez: Call the roll, please.
346 July 9, 1992
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "FEDERAL HOME INVESTMENT
PARTNERSHIPS GRANT PROGRAM (FIRST YEAR)," AND
APPROPRIATING $5,314,000 FOR EXECUTION OF SAME AS
APPROVED BY THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) FOR IMPLEMENTATION OF THE HOME
INVESTMENT PARTNERSHIPS PROGRAM; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Vice Mayor
Alonso, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
*Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
*Commissioner Plummer: On first reading... on first vote, I vote yes.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Vice Mayor Alonso, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: *Commissioner J.L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
*Commissioner Plummer: No, I don't feel that it is an emergency.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10993.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Twice today you've done unprecedented things, I think.
347 July 9, 1992
Commissioner Plummer: I'm glad you are so astute.
Vice Mayor Alonso: breakfast and everything today.
Mayor Suarez: Twice today. Once voting against your own second and now
voting yes on the first reading and no on the second reading of an
emergency...
Commissioner Plummer: I reserve that right, Mr. Mayor. You are paying for me
not having a cigarette for 127 days.
Commissioner Dawkins: Don't start...
Mayor Suarez: Is that right? Is that the problem? Is that the problem?
Vice Mayor Alonso: That's exactly the problem.
Mayor Suarez: We find out at 8:11 p.m. Somebody give him something.
Commissioner Plummer: Mr. Mayor, I have not seen a razor or a cigarette for
127 days.
Commissioner Dawkins: Are we going to continue...
Vice Mayor Alonso: That's why he's driving us nuts.
Commissioner Dawkins: Are we going to continue 14?
Mr. Odio: I'm buying him a pack tonight.
Commissioner Dawkins: Are we going to continue 14?
Commissioner Plummer: And the longer the goes, the worse it gets.
Mr. Odio: I'm buying him a...
Vice Mayor Alonso: I was concerned about my lungs. Now I am concerned about
my sanity. Believe me.
Mayor Suarez: They clap after he admits what the problem has been for almost
nine hours.
Vice Mayor Alonso: Now, they understand.
348 July 9, 1992
------ -----------------------------------------------------------------------
38. DISCUSS AND DEFER (TO SEPTEMBER LOTH MEETING) CONSIDERATION OF PROPOSED
RESOLUTION TO AUTHORIZE MANAGER TO EXECUTE AGREEMENTS WITH 9
NEIGHBORHOOD BASED HOUSING COMMUNITY DEVELOPMENT CORPORATIONS: (1)
ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, (2) CODEC, (3) LITTLE HAITI
HOUSING ASSOCIATION, (4) EAST LITTLE HAVANA COMMUNITY DEVELOPMENT
CORPORATION, (5) FLORIDA HOUSING COOPERATIVE, (6) GREATER MIAMI
NEIGHBORHOODS, (7) ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, (8)
TACOLCY ECONOMIC DEVELOPMENT CORPORATION, AND (9) WYNWOOD COMMUNITY
ECONOMIC DEVELOPMENT CORPORATION -- TO UNDERTAKE ACTIVITIES TO STIMULATE
DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES /
INDIVIDUALS, WITH FUNDING FROM 18TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM FUNDS.
------------------------------------------------------------------------------
Mayor Suarez: Yes, Commissioner Dawkins. On 14.
Commissioner Dawkins: Are we going to continue 14 the same as we did the
other? For the CDs.
Mr. Cesar Odio (City Manager): I would recommend that we do the same thing,
Commissioner.
Commissioner Plummer: Fine.
Commissioner Dawkins: OK.
Vice Mayor Alonso: Until September?
Commissioner Dawkins: September loth, Mr. Manager?
Mr. Odio: September loth.
Mayor Suarez: So moved and seconded. David. Yes, sir. "Que est que cest?"
Mr. David Alexander: Mr. Mayor, I would ask that the City add Coconut Grove
Local Development Corporation to that list for development of affordable
housing in Coconut Grove.
Mr. Odio: But that's...
Commissioner Dawkins: We'll take that up on the loth.
Mayor Suarez: You are talking about the prior item then.
Mr. Odio: We don't have any more money.
Mr. Alexander: Number 14.
Commissioner Plummer: Well, what... Let me ask about St. Hughs. Where is the
money coming from that? When is that thing going to start moving? They've
torn down the fence, it looks like hell and yet with great pride put a City of
Miami sign in the front of the thing.
349
July 9, 1992
1
Mr. Odio: Yeah, we got 45 minutes.
Commissioner Plummer: Until the man with the barbecue tore it down and that
is part of last weekend's barbecue. When are you going to do something with
it? _
Mr. Jeff Hepburn: OK. The construction plans were recently completed by the —
architect. The plans are now in the Department of Public Works...
Commissioner Plummer: I don't want the editorial.
Mr. Hepburn: ... to be put out to bid.
Commissioner Plummer: When are you going to start...
Mr. Hepburn: Oh, OK.
Commissioner Plummer: ... to do something?
Mr. Hepburn: We think we are going to be back in September, during the month
of September...
Commissioner Plummer: When is the shovel going in the ground?
Mr. Hepburn: I would say probably by November.
Commissioner Plummer: November of this year?
Mr. Hepburn: Correct. Correct.
Commissioner Plummer: This year?
Mr. Hepburn: That's correct.
Commissioner Plummer: Don't hold your breath.
Mayor Suarez: All right.
Commissioner Plummer: Because that means it's almost just about a year.
Mr. Hepburn: We just need to put it out to bid right now. We hope to do that in the next 15 days,...
Commissioner Plummer: If you go any slower,...
Mr. Hepburn: ... come back in September with a contractor.
Commissioner Plummer: ... you are going to have to go in reverse. Now,...
Mr. Hepburn: We hope to come back in September with a contractor.
Commissioner Plummer: ... Alexander, how does that differ from what you are
looking for?
350 July 9, 1992
ti -
Mr. Alexander: Well, we would gladly build St. Hugh Oaks at the pleasure of
the City. However, I think your department would rather do it through an open
bid to the rest of the developers in the City. As you know, Commissioner we
are now building 17 more homes in the city of Coral Gables. We had a talk
with the department, we've been working with them for a while now.
Commissioner Plummer: I got to tell you, the city of Coral Gables has put us
to shame.
Mr. Alexander: Bottom line, sir, is...
Commissioner Plummer: Even their streets are nicer than ours.
Mr. Odio: They got bumps all over.
Mr. Alexander: Well, you know, in all candor...
Commissioner Plummer: And their taxes are a hell of a lot lower than ours.
Commissioner Dawkins: Will somebody move it so J.L. can get off the soapbox?
Commissioner Plummer: That's all right. You go ahead and pay your nine
mills. If you lived in the Gables, the same value, you pay four point two.
Commissioner Dawkins: They got a higher tax base than we have.
Vice Mayor Alonso: Let's not go into that.
Commissioner Plummer: No, that's true.
Vice Mayor Alonso: I know it is, but...
Commissioner Plummer: That's a truism...
Vice Mayor Alonso: ... also we have such a responsibility in Miami...
Commissioner Dawkins: You know, that has nothing to do with this agenda and
it's 8:14.
Vice Mayor Alonso: ... and we have to accept that.
Mayor Suarez: Please. Let's go.
Mr. Alexander: Mr. Mayor,...
Mayor Suarez: Yes.
Mr. Alexander: ... our request to be included in the home funding, please?
Mr. Odio: They are not allocated in the first place,...
Mr. Alexander: Number 14.
Mr. Odio: ... so how can we do that now?
351
July 9, 1992
Commissioner Plummer: I don't see how you can.
Mr. Odio: We don't have the money.
Mr. Alexander: So you are not going to take up item 14 now?
Commissioner Dawkins: No.
Mr. Odio: We don't...
Commissioner Plummer: We are on 14.
Mr. Odio: We are on 14. You were not allocated. We don't have the money to
put in there. So what are you asking for?
Mayor Suarez: Well, wait. They are not being precluded...
Vice Mayor Alonso: No, no, no.
Mr. Odio: No.
Mayor Suarez: ... from home funds. You are not precluded from home funds.
Vice Mayor Alonso: Yes, they qualify...
Mr. Odio: I'm talking about...
Vice Mayor Alonso:
... for that.
Why
not?
Mr. Odio: No, no.
Wait a minute.
I'm
talking about item 14, Commissioner.
Vice Mayor Alonso: Yes.
Commissioner Plummer: We are on 14.
Mayor Suarez: We are talking about whatever he's talking about. Please! Is
he confused that he is being...
Vice Mayor Alonso: He is confused.
Mayor Suarez: ... precluded from getting home funds because of anything that
we might do with item 14? Because I don't see it that way, Jeff.
Vice Mayor Alonso: No.
Mr. Hepburn: He's talking about last year's process in terms of the funding
for CDCs that do housing. He did not submit an application last year, that's
why he wasn't considered.
Mayor Suarez: But this is not home funds.
Vice Mayor Alonso: But he's talking about homes.
352 July 9, 1992
�r •
Mr. Hepburn: The home funds cannot be used for administration, only for brick
and mortar.
Mayor Suarez: Right.
Commissioner Plummer: That's the way it should be.
Mayor Suarez: There's no problem with that. That's not item 14 anyhow.
Mr. Alexander: Well, I'm referring to administrative funding for the Coconut
Grove LDC for housing in the City of Miami, Mr. Mayor.
Mayor Suarez: All right. But that has nothing to do with item 14. I mean,
the home funds have nothing to do with item 14. Now, why is he not included
in item 14? He just didn't apply?
Vice Mayor Alonso: He didn't apply.
Commissioner Dawkins: He didn't apply.
Mayor Suarez: Didn't apply.
Mr. Alexander: At that point in time, Mr. Mayor, we did not have access to
any land in Coconut Grove because, if you remember, we came to this
Commission...
Mayor Suarez: So you figured you wouldn't apply for administrative funds.
That makes sense.
Mr. Alexander: And so now we are asking you to include us in this funding
base because there are scattered...
Commissioner Dawkins: Who are you going to cut out?
Mr. Alexander: ... site lots available in Coconut Grove.
Commissioner Dawkins: Who are you going to cut out to put you in?
Vice Mayor Alonso: Well, if we have some other organizations that don't
qualify or something happens with a different item...
Mayor Suarez: That's about the best we can think of. We are not...
Vice Mayor Alonso: ... and monies are available, we can give it to them.
Mayor Suarez: After going through that whole process, David, we are not going
to now cut out somebody else to put you in there. But can't they use some
home funds once they are approved...
Vice Mayor Alonso: Why not?
Mayor Suarez: ... for administration?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
353 July 9, 1992
Mayor Suarez: No. Zero.
Commissioner Dawkins: If they bid...
Mr. Odio: Bricks and mortar.
Vice Mayor Alonso: They can't.
Mayor Suarez: Zero.
Commissioner Dawkins: No.
Mr. Alexander: Can I ask where the source of the funding is for the ones...
Commissioner Dawkins: We just told you...
Mr. Alexander: ... that you are funding in item 14?
Commissioner Dawkins: He just told you... The Manager just told you no.
Mayor Suarez: They are CDBG.
Vice Mayor Alonso: CDBG funds.
Mr. Alexander: So it's 18 year housing money, is it?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Alexander: And you say you have no funding available?
Vice Mayor Alonso: You did not apply. That's the problem.
Mayor Suarez: Is there any chance that some won't use their money during the
grant year? - that we may be able to award it to him. Jeff. Frank. Anybody.
Mr. Hepburn: I'm almost sure all the housing CDCs will use their money. We
don't have any left. It comes from the block grant program.
Mayor Suarez: David, we should be able to get you some administrative monies
from LISC (Local Initiative Support Corporation) or some of the other
agencies.
Vice Mayor Alonso: Maybe some monies will be available somewhere from CDBG
funds and we can award that to them.
Commissioner Dawkins: You know, OK. I'll tell you what you do. Here's what
I think we need to do. I think we need to line up everybody who did not any
money and bring them down here one time and let them get in line. Because
every time you look, here comes somebody saying that I didn't get any money,
give me some. Here comes somebody, I didn't get any, give me some. I mean,
make up your mind. Now get everybody and put them in line at the next meeting
who did not get any money and let's tell them yes or no.
354 July 9, 1992
Mr. Odio: I think that's the first thing to do, but we don't have any more
money left.
Commissioner Dawkins: Well, I know that, Mr. Manager. But let's tell them
all at one time.
Mayor Suarez: David, I think we are going to have to move on 14,...
Mr. Alexander: Mr. Mayor.
Vice Mayor Alonso: I guess they told you off.
Mayor Suarez: ... and we are with you on your projects. We are going to help
you find administrative monies, bricks and mortar money, and just about
everything else, but we've got to take this item up. Do we have a motion on
14?
Vice Mayor Alonso: Yes.
Mayor Suarez: And second? Call the roll, please.
THEREUPON, MOTION DULY MADE BY COMMISSIONER PLUMMER
AND SECONDED BY COMMISSIONER DAWKINS, THIS ITEM WAS
CONTINUED TO THE MEETING OF SEPTEMBER 10TH 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.
39. AUTHORIZE ISSUANCE OF GENERAL OBLIGA'rION BONDS, SERIES 1992 IN AGGREGATE
PRINCIPAL AMOUNT OF $10,000,000 -- TO PAY COST OF CERTAIN STORM SEWER
IMPROVEMENTS.
Mayor Suarez: Item 15.
Commissioner Dawkins: Move it.
Mayor Suarez: Storm sewer improvements.
Vice Mayor Alonso: Second.
Mayor Suarez: Moved and second.
355 July 9, 1992
e
Commissioner Plummer: Excuse me. Mr. Manager, 15 is a bond issue that's
already previously been approved in 1984?
Mr. Carlos Garcia: Yes, sir.
Vice Mayor Alonso: Yes.
Commissioner Plummer: And if we approve this $10,000,000, what will that
bring to us in total completion of this City in storm sewers?
Commissioner Dawkins: Only one -fifth of it.
Mayor Suarez: Almost all, except for Coconut Grove, I guess.
Vice Mayor Alonso: That's right.
Commissioner Plummer: Well, you know the problem is that, you know, Coconut
Grove does not want sewers.
Mayor Suarez: I certainly know that.
Commissioner Plummer: Sanitary sewers.
Vice Mayor Alonso: We understand that.
Mayor Suarez: That's not a problem then, necessarily because if they don't
want it...
Commissioner Plummer: No, sanitary.
Mayor Suarez: ... and we have the money for it, it works out real well,
doesn't it?
Vice Mayor Alonso: Yes.
Mayor Suarez: OK.
Mr. Cesar Odio (City Manager): Let me get that percentage.
Mayor Suarez: If you have that figure. If not, let's vote on it, please.
Mr. Odio: I'll get the figure.
Mayor Suarez: And you don't need that figure to vote on it, do you J.L.?
Commissioner Plummer: And who is going to be the bond counsel?
Mr. Garcia: We don't know at this time,...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Odio: Who?
Mr. Garcia: ... Commissioner. The City Attorney will...
356 July 9, 1992
Mr. Adio: Fine Jacobson.
Mr. Garcia: ... have to appoint a firm at this time.
Commissioner Plummer: Are they the next one in line?
City Attorney Jones: Fine Jacobson, as I understand it.
Commissioner Plummer:
line?
Mr. Garcia: Yes, sir.
I'm asking the question. Are they the next one in
City Attorney Jones: Yes, they are.
Mr. Garcia: Yes, sir.
Commissioner Dawkins: Mr. Plummer and fellow Commissioners. The cash
requirements storm sewer project. Grapeland Storm Sewer Phase I, $1,650,000.
Tamiami Storm Sewers Phase II, $630,000. Durham Storm Sewers, $180,000.
Lawrence Waterway Dredging and Bulkhead, $975,000. I don't know when we plan
to get rid of that. Englewood Storm Sewer, $1,445,000. Wagner Creek
Renovations Phase III, $200,000. Grapeland Storm Sewer Phase II, $575,000.
Grapeland... I mean Citywide local drainage, $1,795,000. Heavy equipment
facility storm sewer retrofitting, $300,000. National pollutant discharge
elimination system, $150,000. Flagaml Storm Sewer Phase I, $700,000. Roads
Storm Sewer Phase I, $1,400,000, equaling $10,000,000. That's where it's
supposed to go.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Is this going to be a competitive or negotiated sale?
Mr. Garcia: Yes, sir. Competitive sale.
Commissioner Plummer: Competitive.
Mr. Garcia: Yes. We have the lowest interest rates in the last 29 years
today in the municipal markets, less than six percent (6%).
Commissioner Plummer: How much?
Mr. Garcia: Less than six percent (6%).
Commissioner Plummer: That's great. Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: We already did.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Vice Mayor Alonso: Roll call.
357 July 9, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-462
A RESOLUTION , INCLUDING EXHIBITS A, B AND C, OF THE
CITY OF MIAMI, FLORIDA, AUTHORIZING THE ISSUANCE OF
THE CITY'S GENERAL OBLIGATION BONDS, SERIES 1992 IN
THE AGGREGATE PRINCIPAL AMOUNT OF $10,000,000 FOR THE
PURPOSE OF PAYING THE COST OF CERTAIN STORM SEWER
IMPROVEMENTS; FIXING CERTAIN DETAILS OF SAID BONDS,
INCLUDING THEIR FORM; CONFIRMING THAT SUCH BONDS SHALL
CONSTITUTE GENERAL OBLIGATIONS OF THE CITY; AGREEING
TO COMPLY WITH CERTAIN TAX REQUIREMENTS; APPOINTING A
BOND REGISTRAR AND PAYING AGENT; DIRECTING AND
AUTHORIZING THE SALE OF THE BONDS BY PUBLIC NOTICE OF
THE SALE OF SAID BONDS AND ESTABLISHING THE DATE AND
TIME FOR SUCH SALE AND THE PROCEDURE FOR AWARDING SAID
BONDS; APPROVING THE USE OF BOND INSURANCE AS
REQUESTED BY THE PURCHASER OR DETERMINED BY THE CITY
TO BE DESIRABLE; APPROVING THE FORM OF A PRELIMINARY
OFFICIAL STATEMENT PERTAINING TO SAID BONDS AND
AUTHORIZING THE DISTRIBUTION THEREOF TO PROSPECTIVE
PURCHASERS; AUTHORIZING ACTIONS AND EXECUTION OF
DOCUMENTS BY OFFICIALS OF THE CITY; MAKING CERTAIN
OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE
ISSUANCE OF SAID BONDS; AND PROVIDING SEVERABILITY AND
AN EFFECTIVE DATE.
(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.
358 July 9, 1992
40. FIRST READING ORDINANCE: AMEND 10938 -- ESTABLISH NEW PROJECT:
PRELIMINARY GENERAL OBLIGATION BOND EXPENSES - 1992 (CIP 311028) --
APPROPRIATE FUNDS FROM 1984 STORM SEWER GENERAL OBLIGATION BOND
PROCEEDS.
Mayor Suarez: Item 16.
Vice Mayor Alonso: Move it.
Commissioner Plummer: Move it, it's a comp... Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please read the
ordinance.
Mr. Cesar Odio (City Manager): Could I have 16 on an emergency basis so that
we can proceed?
Mayor Suarez: What's the emergency? Maybe you'll convince us and...
Mr. Odio: That we can proceed to obtain the best interest possible in the
market today.
Mayor Suarez: You think that you have a window of opportunity?
Commissioner Plummer: Mr. City... I have no problem, but Mr. City Attorney,
after it's not been advertised as an emergency, can you make it an emergency?
Mr. Odio: Can you do it?
Mayor Suarez: Is that a problem, Mr. City Attorney?
Mr. Odio: He says we cannot.
Mayor Suarez: All right.
Commissioner Plummer: You can't do it, I don't think.
Mayor Suarez: Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10938, AS AMENDED, ADOPTED DECEMBER 5, 1991, THE
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY
ESTABLISHING A NEW PROJECT ENTITLED "PRELIMINARY
GENERAL OBLIGATION BOND EXPENSES - 1992" PROJECT NO.
311028 IN THE AMOUNT OF $120,000; AND APPROPRIATING
FUNDS IN SAID AMOUNT FOR SAID PROJECT FROM 1984 STORM
SEWER GENERAL OBLIGATION BOND PROCEEDS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
359
July 9, 1992
Was introduced by Vice Mayor Alonso and seconded by Commissioner Plummer
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and =_
to the public.
41. AUTHORIZE PURCHASE OF ONE RESCUE VEHICLE (UNDER EXISTING CITY OF HIALEAH
BID NO. 91-057) -- FROM SOUTHERN AMBULANCE BUILDERS. -
Mayor Suarez: Item 17.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Dawkins: Is J.L. Plummer...
Commissioner Plummer: Seventeen.
Commissioner Dawkins: No wait. J.L. Plummer, are you satisfied?
Commissioner Plummer: Hold on.
Mayor Suarez: Department of Fire Rescue Inspection Services.
Commissioner Plummer: This is the one that we asked to be rebid?
Commissioner Dawkins: Yes.
Commissioner Plummer: It has come out ten thousand less than the original
bid.
Mr. Cesar Odio (City Manager): Yeah.
Commissioner Plummer: It's a better vehicle and will have a longer life span.
Mr. Odio: It's one of those new ones.
360 July 9, 1992
ry
11
Commissioner Plummer: Yes.
Commissioner Dawkins: You move it?
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: Second.
Commissioner Plummer: I have not seen it.
Mayor Suarez: Second. Any discussion? If not, please call the roil.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-463
A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1)
RESCUE VEHICLE UNDER AN EXISTING CITY OF HIALEAH BID
#91-057 FROM SOUTHERN AMBULANCE BUILDERS AT A PROPOSED
AMOUNT OF $86,358.00, FOR THE DEPARTMENT OF FIRE,
RESCUE AND INSPECTION SERVICES; ALLOCATING FUNDS
THEREFOR FROM FY 91-92 CAPITAL IMPROVEMENT PROJECT NO.
313234, ACCOUNT CODE NO. 289401-840 ($53,221.00) AND
PROJECT NO. 104007, ACCOUNT CODE NO. 280511-840
($33,137.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS PURCHASE.
(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.
361
July 9, 1992
42. DISCUSS AND DEFER (TO NEXT MEETING) CONSIDERATION OF PROPOSED RESOLUTION
TO ACCEPT BID OF SAULSBURY FIRE EQUIPMENT CORPORATION -- FOR ONE FOAM
PUMPER APPARATUS.
Mayor Suarez: Item 18.
Commissioner Plummer: On 18, Chief. This is a prototype? How many of these
have been built?
Chief Carlos Gimenez: I don't believe any have been built by Saulsbury.
Commissioner Plummer: That's right. And I want to tell you something. I'm
scared to death to be the pilot for something that has never been tested. I'd
like this deferred and I'd like to go into it more at the next meeting.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and second. Any discussion? If not, please call the
roll.
THEREUPON, MOTION DULY MADE BY COMMISSIONER PLUMMER
AND SECONDED BY COMMISSIONER DAWKINS, THIS ITEM WAS
DEFERRED TO THE MEETING OF SEPTEMBER 10TH 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.
362 July 9, 1992
43. (A) APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO UPHOLD PROTEST
OF FRANK J. MORAN, INC., IN CONNECTION WITH BID NO. 91-92-044,
TO REPLACE 60 UPS BATTERIES LOCATED IN POLICE DEPARTMENT.
(B) GRANT REQUEST BY RON WILLIAMS -- AUTHORIZE HIM TO AWARD ABOVE
BID FOR BATTERIES IN AUGUST.
Mayor Suarez: Item 19.
Mr. Cesar Odio (City Manager): Uphold the protest by the Chief Procurement...
Mayor Suarez: Is the protesting entity here, or their attorneys?
Commissioner Plummer: Do I have the assurance of the Administration that
these are the batteries that run the communications? The big ones. Correct?
Mr. Ron Williams (Assistant City Manager): Right. At Miami Police.
Mayor Suarez: This is to...
Commissioner Plummer: Does this in any way have any bearing on the combining
of police and fire dispatching?
Mr. Odio: No.
Mr. Williams: No, it does not.
Commissioner Plummer: None whatsoever.
Mr. Odio: No, it does not.
Mr. Williams: No, it does not.
Mr. Odio: No, it does not.
Commissioner Plummer: OK.
Mr. Williams: This is an old item, Commissioner Plummer, that we've gone back
and forth on. We were overruled by the Dade County Board of Rules and Appeals
and we are coming back to say that we need to rebid this item and go with an
electrical contractor.
Commissioner Plummer: How long have the other batteries been in?
Mr. Williams: I really don't know.
something with them. I'd...
Commissioner Plummer: OK.
It's been years. But we need to do
Mayor Suarez: The Chair recognizes the better looking, better dressed member
of the Plummer family. Senator, next time if you have any suggestions in how
363 July 9, 1992
0
to get on his good graces so that he doesn't have... I know he's not smoking.
If there's anything else you can suggest that we... All right. On this item.
Commissioner Plummer: Move it.
Mayor Suarez: Moved. Do we have a second?
Commissioner Dawkins: Second.
Mayor Suarez: Do we have a minute? All right. 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. 92-464
A RESOLUTION, APPROVING THE CHIEF PROCUREMENT
OFFICER'S DECISION TO UPHOLD THE PROTEST OF FRANK J.
MORAN, INC., IN CONNECTION WITH BID NO. 91-92-044, TO
REPLACE SIXTY (60) UPS BATTERIES LOCATED IN THE MIAMI
POLICE DEPARTMENT, AS IT HAS BEEN DETERMINED TO HAVE
MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Now this was stated correctly as we voted on it, to uphold...
Mr. Williams: Right.
Mayor Suarez: ... the protest. Is that what we are doing?
Mr. Williams: Yes. Mr. Mayor.
Mayor Suarez: All right. That's all I wanted to know. Yes.
Mr. Williams: If I may request an unusual privilege. Because this is a
safety related item during the hurricane season, and you will be on break
during August, I would like permission to ask the Manager for his emergency
authorization to award this once I receive the bids, and we will bring it back
for your ratification in September.
364 July 9, 1992
Commissioner Plummer: Where, in particular, are you concerned about? Where
is this location?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Of the new one?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: And it's full of asbestos?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Williams: No, no, no. On top. These are the batteries that support the
UPS.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Williams: Nineteen.
Commissioner Plummer: Oh, you went back to the batteries. I'm sorry.
Mr. Williams: Yes. I was just asking for authorization to proceed with that
once we get the bids in, in that the Commission will be on break during the
month of August.
Commissioner Plummer: I'm sorry.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: OK.
Commissioner Plummer: Where, Mr. Manager, are you proposing to put the
combined dispatching of police and fire?
Mr. Odio: If we do it.
Commissioner Plummer: Oh, I'm sorry. I thought you said you were doing it.
Mr. Odio: We are working on it now. Frank May is...
Commissioner Plummer: And where is it going to be housed?
Mr. Odio: It would have to be in the Police Department.
Commissioner Plummer: No, that's not true.
Mr. Odio: That's where we have the most dispatching done.
Commissioner Plummer: OK.
Mr. Odio: But can we do that next?
365 July 9, 1992
Commissioner Plummer: Yeah, sure.
44. APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST OF CBG,
INC., IN CONNECTION WITH BID NO. 91-92-006, TO PROVIDE ASBESTOS REMOVAL
SERVICES.
------------------------------------------------------------------------------
Commissioner Plummer: We are on 20, correct?
Ms. Hirai: We are on 20, yes.
Commissioner Dawkins: Move 20. Move 20.
Mayor Suarez: Item 20 is moved.
Vice Mayor Alonso: Second.
Commissioner Plummer: Second.
Mayor Suarez: They are not here. The protesting entity, I gather. Al
right. 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. 92-465
A RESOLUTION, APPROVING THE CHIEF PROCUREMENT
OFFICER'S DECISION TO REJECT THE PROTEST OF CBG, INC.,
IN CONNECTION WITH BID NO. 91-92-006, TO PROVIDE
ASBESTOS REMOVAL SERVICES, AS IT HAS BEEN DETERMINED
TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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.
366 July 9, 1992
45. APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST OF MET
CONSTRUCTION, INC., IN CONNECTION WITH BID NO. 91-92-069, ORANGE BOWL
MODERNIZATION PROJECT, PHASE II SEAT REPLACEMENT.
Mayor Suarez: Item 21.
Commissioner Dawkins: Move it.
Vice Mayor Alonso: Second.
Commissioner Plummer: OK. Tell me which one is this now, so I catch up
quickly here.
Mayor Suarez: Seat replacement.
Commissioner Plumper: Is this the Orange Bowl what?
Mr. Cesar Odio (City Manager): This is the seat replacement.
Commissioner Plummer: This is rejecting the protest...
Mr. Odio: Of MET.
Commissioner Plummer: ... of the second bidder.
Vice Mayor Alonso: MET.
Mr. Ron Williams (Assistant City Manager): MET Construction. Yes.
Commissioner Plummer: OK.
Mayor Suarez: So moved and seconded. If they are not present to make any
presentation... If so, let them come up to the mike. If not, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-466
A RESOLUTION, APPROVING THE CHIEF PROCUREMENT
OFFICER'S DECISION TO REJECT THE PROTEST OF MET
CONSTRUCTION, INC., IN CONNECTION WITH BID NO. 91-92-
069, ORANGE BOWL MODERNIZATION PROJECT, PHASE II SEAT
REPLACEMENT, AS IT HAS BEEN DETERMINED TO BE WITHOUT
MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
367 July 9, 1992
� s
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.
46. DISCUSS AND DEFER (TO JULY 16TH MEETING) CONSIDERATION OF PROPOSED
RESOLUTION ACCEPTING BID OF MAS GROUP, INC. (D/B/A NEFF MACHINERY), FOR
PURCHASE OF 6 RUBBISH PICKUP CRANES, IN ORDER TO HEAR PROTEST AND HAVE
RECOMMENDATION FROM ADMINISTRATION (Department of General Services
Administration and Solid Waste / Fleet Management Division).
Mayor Suarez: Item 22.
Mr. Ron Williams (Assistant City Manager): Mr. Mayor, on this one I have to
advise you on the record that we have at least two protests, one of which may
not have been timely, but your policy has been to consider these protests and
resolve them prior to award. I wanted to make you aware of that on the record
so that as you deliberate you will be aware that I might very well come back
to you with the resolve of protest.
Commissioner Plummer: No way. Now wait a minute. Have you received,
formally, two protests?
Mr. Williams: Yes I have.
Commissioner Plummer: Have you administratively gone through the protest and
made a determination?
Mr. Williams: One of those we have. The other one we received as late as
yesterday and...
Commissioner Plummer: But is it in time?
Mr. Williams: ... we did not get a chance to..
Commissioner Dawkins: Is it timely?
Mr. Williams: The one received yesterday is timely because it was kind of an
add -on to an earlier protest. Yes.
Commissioner Plummer: Then I move that this item be deferred. I don't want
to be in the position we were before where we award a bid and then later on
368 July 9, 1992
find out that we've already awarded when a protest was upheld. I move this
item be deferred until the protests have been heard and we have the
recommendation of the Administrator.
Vice Mayor Alonso: Do we have a second?
Commissioner Dawkins: Second.
Commissioner De Yurre: This will be deferred what, until next week?
Commissioner Dawkins: Yeah.
Vice Mayor Alonso: Next week.
Mr. Williams: We'll bring it back to you next week.
Commissioner De Yurre: I think we are going to have, like half of these
items, we are going to have them again next week, huh?
Vice Mayor Alonso: That's right.
Commissioner Dawkins: You like that, don't you?
Vice Mayor Alonso: I guess we are going to take...
Mr. Cesar Odio (City Manager): We have budget all morning.
Vice Mayor Alonso: Should we listen to these gentlemen at this time, or we
better wait to listen...
Commissioner Plummer: Well, what's your problem, sir?
Vice Mayor Alonso: He represents...
Mr. Odio: He's got a protest...
Mr. Bill Miller: I'm one of the protestors.
Commissioner Dawkins: He's going to talk about the protest. So he may go
away until next week.
Mr. Williams: He's one of the protestors.
Mr. Odio: We bring it back...
Vice Mayor Alonso: That's right.
Commissioner Plummer: Are you the successful bidder, 1s that it?
Mr. Miller: No. Well,...
Commissioner Plummer: Are you one of the protestors?
Vice Mayor Alonso: He's one of the protestors.
369 July 9, 1992
Mr. Miller: We are low bid, but we were deemed non -responsive.
Commissioner Plummer: Well, we'll hear it next week, hopefully, sir.
Vice Mayor Alonso: Next week. Next week.
Mr. Miller: Next week. What...
Vice Mayor Alonso: Yes.
Commissioner Plummer: Yes, sir.
Vice Mayor Alonso: Roll call, please.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-467
A MOTION TO DEFER AGENDA ITEM 22 (PROPOSED RESOLUTION
TO ACCEPT BID OF MAS GROUP, INC. d/b/a NEFF MACHINERY
FOR PURCHASE OF SIX RUBBISH PICKUP CRANES) TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY 16,
1992 UNTIL THE ADMINISTRATION HAS AN OPPORTUNITY TO
REVIEW TWO PROTESTS RECEIVED IN CONNECTION THEREWITH
AND TO PRESENT A RECOMMENDATION TO THE CITY
COMMISSION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
370 July 9, 1992
� a �r
47. ACCEPT BID: FECON, INC. -- FOR PURCHASE OF ONE INDUSTRIAL YARD WASTE
PROCESSOR (Department of General Services Administration and Solid
Waste) .
------------------------------------------------------------------------------
Vice Mayor Alonso: Twenty-three.
Commissioner Dawkins: Move it.
Vice Mayor Alonso: Second? Commissioner Plummer. Second 23?
Commissioner Plummer: What is this gentleman here for?
Mr. Sal C. D'Amato: I just want to speak against...
'} Commissioner Dawkins: He's going to try to tell me what a good item he has
and...
Y
a
Vice Mayor Alonso: You represent...
_ Mr. Ron Williams (Assistant City Manager): No, he has not filed a protest.
Vice Mayor Alonso: What?
Commissioner Dawkins: What's your recommendation, Mr. Williams?
Mr. Williams: I recommend that you proceed to award the item as presented.
Commissioner Plummer: Is this the one we got over on Virginia Key?
Mr. Williams: Yeah.
Commissioner Dawkins: No, this is the new one they bought.
Mr. Williams: Right.
Commissioner Plummer: Is this one going to break down as much as the old one?
Commissioner Dawkins: Yes.
- Mr. Williams: We hope not, Commissioner Plummer.
Vice Mayor Alonso: You represent this company? So you are going to speak...
Mr. D'Amato: No.
Vice Mayor Alonso: He has protest?
Commissioner Plummer: Well, I've got to ask another question. You know, when
_ we started out over there, we started out with the intent of selling the
compost, the chips. Then we got to a point we couldn't give it away. My
__ 371 July 9, 1992
L
question has to be, you are buying a new machine that you are going to chip
away all of this stuff, what are you going to do with it if people don't want
it?
Mr. Cesar Odio (City Manager): Well, consider this. Every time we chip away,
we are deducting from the County's bill.
Commissioner Plummer: Yeah, but you are going to have more chips than you
know what to do with. Where are you going to put them?
Mr. Odio: We'll have to give it away or something, but we are taking away...
Commissioner Plummer: People don't want it.
Mr. Odio: Fine. So we'll...
Commissioner Plummer: You filled up every park in town.
Mr. Odio: You have another item here today to take care of this problem, too,
but we need to keep doing this because we are saving monies...
Mr. Williams: We are working on the markets, Commissioner Plummer.
Commissioner Plummer: I seriously ask, Mr. Manager, you know you are going to
reach a point...
Mr. Odio: I know.
Commissioner Plummer: ... where you are going to have all this compost over
there that people don't want, the parks are full. What are you going to do
with it?
Vice Mayor Alonso: Listen to the gentleman.
Commissioner Plummer: I don't know.
Mr. Odio: Well, this is one area that is so new. We need to keep doing this.
We are saving money every time we take a truck over there and compost,...
Commissioner Plummer: All right. Well,...
Mr. Odio: ... and we'll have to find. This is very new.
Commissioner Plummer: Mr. Mayor, I think we need to hear from this
gentleman,...
Vice Mayor Alonso: Yes.
Commissioner Plummer: ... whatever his...
Mayor Suarez: All right, sir. Thank you for the update,...
Mr. D'Amato: When...
372 July 9, 1992
Mayor Suarez: ... Madam Vice Mayor.
Mr. D'Amato: Oh, sorry. My name is Sal D'Amato, I'm from Melbourne, Florida.
When we were asked to bid, we were specifically asked to bid a recycler, which
is a very large machine compared to what you are looking at.
Commissioner Dawkins: Pull the mike up sir, please.
Mayor Suarez: Yeah, get just a little closer.
Vice Mayor Alonso: What's the name of your company again?
Mr. D'Amato: I work for Ringhaver Equipment Company. We are a Caterpillar
dealer in Central and Northern Florida.
Mayor Suarez: You can move that up a little closer to you. You can go ahead
and push it up.
Mr. D'Amato: OK.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. D'Amato: Pardon me?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. D'Amato: OK. Anyway, we were asked specifically to bid this waste
recycler, which is a $300,000 machine and it came out in the specs that you
did not want a tub grinder or, you know, you asked for a hammermill. So we
bid it, but that's not a machine you could even afford. You don't have that
money in the budget, and we didn't get an opportunity to bid a machine like
you wanted because you specifically asked for our machine. Also, in the bid
it says that you need a bidder... The successful bidder needed to be within 50
miles of Dade County and we have a store in Pompano. And the equipment you
are looking at now is in Fairfield, Ohio with no representation locally. It
can only take up to an 18-inch diameter piece of wood, where we can take up 48
inches. We can supply a machine that doubles this capacity that you asked for
and not charge any more money, the price is the same. What I'm saying is, we
didn't get a chance to bid the right machine.
Mayor Suarez: What about each of those arguments, Mr. Williams?
Mr. Williams: We took those into consideration. We are not... Two points,
Mr. Mayor. Let me start from the beginning. One, we did not want the same
type of equipment as Commissioner Plummer, Dawkins has correctly advised. We
have had a lot of breakdown and mechanical problems with the unit we have. We
wanted a different type of unit. With regard to his concern about a local
vendor, we always require that the manufacturer will provide maintenance and
warranty services on site. They will have to provide that. I think his
equipment is built in Michigan. The other company's, their equipment is built
in Ohio. We want local representation. We will have that before any award is
made.
373 July 9, 1992
Mayor Suarez: What was the reference to a radius of 50 miles that he was
talking about? Is that how close they have to be for maintenance? Is that
what he was mentioning there?
Mr. Williams: Yeah. I guess his point is that, you know, someone would be
available for maintenance and warranty. And certainly this other...
Mayor Suarez: And you are saying that you will not enter into this deal. You
will not actually purchase the machinery unless they convince you that they
can comply with that.
Mr. Williams: That they will have a local preference to respond to warranty
maintenance issues.
Commissioner Dawkins: What... I mean, Mr. Williams. Have a local, maybe 60
miles away, and he's 50. So what are saying? See, you are saying have a
local preference, but you haven't said that it's got to be within 50 miles.
Mr. Williams: No. I'm saying that it has to be in Miami, on our site when we
need the machine to be fixed. And that's what we require,
Mr. D'Amato: They'd have...
Commissioner Dawkins: OK. Wait a minute now. No, no, no. Let me talk with
Mr. Williams, please. Mr. Williams, you are losing me.
Mr. Williams: Certainty don't want to do that.
Commissioner Dawkins: If the machine... Now how do we know what day the
machine is going to break down? OK? So, therefore, if we do not know what
day the machine is going to break down, we do not know to have anything there
to repair it. So if the machine breaks down a Wednesday, you got to know that
on Thursday, you got somebody there from within 50 miles to repair it.
Mr. Williams: Right.
Commissioner Dawkins: So now...
Mr. Williams: And this firm has committed to us that they are identifying
local vendors.
Commissioner Dawkins: Well, who did they identify?
Mr. Williams: They had not identified them at the time they submitted the
bid. They know that we require that. They are well aware that we will not
award this purchase order to them unless they have convinced us that they are
here and available. The equipment...
Commissioner Dawkins: Then in the event that they don't do that, what?
Mr. Williams: Then we will come back to you and ask to rebid the equipment
because they have not met their responsibility as we presented it to you.
Commissioner Dawkins: Why are you going to rebid it...
374 July 9, 1992
Commissioner Dawkins: Why are you going to rebid it when...
Mr. Williams: Because...
Commissioner Dawkins: What's the difference...
Mr. Williams: Let me tell you why we would rebid it.
Commissioner Dawkins: What's the difference between his equipment and the
piece of equipment you are purchasing?
Mr. Williams: His equipment is the tub grinder type equipment that we have
there now. We have that piece of equipment already. We do not want that
additional equipment. We have... We are requesting to buy...
Commissioner Dawkins: OK. Did you specify...
Mr. Williams: That in the bid, we did.
Commissioner Dawkins: ... name, make and his was not specified.
Mr. Williams: Right.
Commissioner Dawkins: OK. Thank you. No further questions.
Commissioner Plummer: Yeah, but this one we got over there now is breaking
down every other day.
Mayor Suarez: All right.
Commissioner Plummer: OK? And are you assuring me, Mr. Williams, that you
are not buying the same kind of piece of junk as we got over there now.
Mr. Williams: That's exactly why this gentleman is concerned. We are not
buying the tub grinder type that we have there now.
Commissioner Plummer: OK.
Mr. D'Amato: We make...
Commissioner Plummer: I'm sorry.
Mr. D'Amato: I'm sorry. There are a lot of other products. But the tub
grinder that you bought was bought in a pilot program, if I'm not mistaken, a
year and a half ago...
Commissioner Plummer: I have no idea, sir.
Mr. D'Amato: ... and it's...
375
July 9, 1992
Commissioner Plummer: All I know is...
Mr. D'Amato: ... antiquated.
Commissioner Plummer: ... I have been over there three different times, and
the machine the last time wasn't even there, much less working. They had sent
it back to get new teeth, I think it was.
Mr. Williams: That has to happen very often.
Mayor Suarez: Anything further, sir?
Mr. D'Amato: Pardon me.
Mayor Suarez: Anything further you want to add?
Mr. D'Amato: Yeah, you know, and just getting back to the hammers on the one
you are purchasing, they cost $33.00 a piece and ours we have replaceable
tips...
Commissioner Plummer: Sir,...
Mr. D'Amato: ... that only cost $7.00.
Commissioner Plummer: ... I'm a funeral director. I'm not a grinder.
Mr. D'Amato: OK.
Commissioner Dawkins: No, the funeral director was in the door back there.
He left.
Commissioner Plummer: Yeah, in Tallahassee for six months out of the year.
Mayor Suarez: It's tough. All right. Did you finish, sir?
Mr. D'Amato: Yes.
Mayor Suarez: Thank you. Commissioners, what's your decision on the item?
I'll entertain a motion on it.
Commissioner Dawkins: I vote to follow the recommendation of staff.
Mayor Suarez: So moved. Do we have a second?
Commissioner Plummer: Yeah, I'll second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Plummer: I don't like it.
376 July 9, 1992
0 io
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-468
A RESOLUTION ACCEPTING THE BID OF FECON, INC. FOR THE
PURCHASE OF AN INDUSTRIAL YARD WASTE PROCESSOR FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE AT A TOTAL PROPOSED COST OF $220,900.00;
ALLOCATING FUNDS THEREFOR FROM THE FY'91-92 RECYCLING
AND EDUCATION GRANT FUND PROJECT NO. 197004, ACCOUNT
CODE NO. 421302-840; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
Mayor Xavier L. Suarez
NOES: Vice Mayor Miriam Alonso
ABSENT: None.
48. BRIEFLY DISCUSS AND DEFER (TO JULY 16TH MEETING) CONSIDERATION OF
PROPOSED RESOLUTION TO APPROVE FINDINGS OF SELECTION COMMITTEE AS TO
MOST QUALIFIED FIRM TO PROVIDE DESIGN / CONSTRUCTION / ACCEPTANCE TEST /
FINANCE, AND OWNER / OPERATION OF A SOLID WASTE PROCESSING FACILITY --
REQUEST REPORT FROM ADMINISTRATION ASSESSING COSTS / BENEFITS ASSOCIATED
WITH A CITY -OPERATED 100% CURBSIDE RECYCLING PROGRAM AS COMPARED TO A
PRIVATE CONTRACTOR OPERATION -- DIRECT MANAGER AND ATTORNEY TO
DISASSOCIATE CITY FROM DADE COUNTY IN CONNECTION WITH THIS ISSUE.
49. GRANT REQUEST BY MIAMI WHEELERS FOR CLOSURE OF DESIGNATED STREETS
CONCERNING NATIONAL CYCLE LEAGUE TITLE RACE.
------------------------------------------------------------------------------
Mayor Suarez: Item twenty... Yes, Commissioner Dawkins.
Commissioner Dawkins: I'd like to hear 24 and 34 at the same... I mean one
behind the other. I don't want to hear one and then hear the other.
Mayor Suarez: OK. But let's try to do 23 first.
Commissioner Plummer: Twenty-four and 34.
377 July 9, 1992
Commissioner Dawkins: OK. Do right ahead, sir.
Mayor Suarez: Is 23 withdrawn in any way?
Commissioner Dawkins: I thought we just did.
Mayor Suarez: Did we do 23?
Mr. Ron Williams (Assistant City Manager): We just did 23.
Ms. Hirai: We just did 23, Mr. Mayor.
Mayor Suarez: I'm sorry. Item 24.
Mr. Williams: Twenty-four, Mr. Mayor, is before you because...
Mayor Suarez: What is the item that the Commissioner just referred to? - the
other one, besides twenty...
Mr. Williams: The item 34 is a report that you have in your package on
curbside recycling.
Mayor Suarez: I see. And there's obviously some relationship between
anything that has to do with recycling and anything that has to do with what I
thought 24 was basically about, which is composting, right?
Commissioner Dawkins: Um-hmm.
Mr. Williams: Exactly.
Mayor Suarez: Although it says here processing plant.
Mr. Williams: Right.
Commissioner Plummer: Now this is... Twenty-four is in relation to what?
Mr. Williams: To our request for proposals (RFP) that was issued. We brought
it before you, you authorized the release of it. We released the RFP, came
back to you, formed a committee. I am now back before you to report the
results of those committee deliberations and to ask for your authorization to
allow the Manager to enter into negotiations with the number one ranked firm.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, sir.
Commissioner Dawkins: I'd like to make a motion that 24 be deferred until
September. I'd like to go and see the type of plant at, at least two of these
places to see what we are buying and what we are looking at, because I don't
know what any of this is and as J.L. Plummer said, I've been over Virginia
Key. I see a lot of stuff over there that's not being moved and I need to
know if whatever we are building can handle that over there on top of whatever
378 July 9, 1992
C
else it's doing. So I'd just like to defer this and then between now and
September 10th, I would find Mr. Williams and somebody and I will find two
plants, one of each of the ones offered, go look at their operation. And I
think one is right up here in Pembroke Pines.
Mr. Williams: That's right.
Commissioner Dawkins: So it's not that far to go. I would so move.
Mayor Suarez: So moved.
Commissioner Plummer: Mr. Mayor.
Vice Mayor Alonso: I second for discussion.
Mayor Suarez: Seconded for discussion.
Commissioner Plummer: OK. Under discussion. I think there's a more very
pressing issue. I met with one of the groups, and I don't even remember the
name. In talking about going into a mammoth operation, as this is, you are
talking about a lot of dollars. The group I spoke to yesterday talked about
$40,000,000 project. That's a lot of dollars. My concern yesterday, and
still my concern today, as all of us know, to our dismay, that it is
controlled by Metropolitan Dade County. The Manager gave me reason to believe
that Metropolitan Dade County, in the kindness of their heart, and because
they can't handle their own problems, will allow us to have 300 tons a day.
Now, predicated on that, the RFP that I think we put out, spoke to and
addressed 860 tons a day, as I recall. I could be off a ton or two, which
nobody is going to object as a ton or two of garbage, and my concern is that
I'm told that one of the companies actually inferred in their bid that the
minimum they would address was 625 tons a day. I am very concerned that we
are premature at this particular time because we are at the mercy of the
County. As you know, we can't even argue with the County about the rate of
the tonnage, and if we are going to defer, I would ask the Administration to
make all efforts that by the time this thing comes back to us, that we have
some definitive answers before we go and tie up 40 acres of Virginia Key,
which is where this thing is anticipated to go, and an investment of
$40,000,000. Because I think at this particular point, until we get some more
definitive answers from the County, I think we got a problem.
Vice Mayor Alonso: The problem is, we are in the hands of the County.
Commissioner Plummer: Mercy.
Vice Mayor Alonso: Well, the problem is the language reads, if you have an
emergency, and to me the emergency is very clear. We don't have enough money.
So that, to me, is a very serious emergency. We can save quite a bit of
money. Why can't... I believe we've been dealing with this for two and a half
I ears with the County.
Mr. Williams: At least that long, Vice Mayor.
Vice Mayor Alonso: The previous Attorney did check and they came up with the
conclusion that yes, indeed if we could prove an emergency we can go and do
379 July 9, 1992
our own thing. So why are we back to step one when, in fact, I thought that
was clear? Could you explain this to me?
Mr. Williams: I am not aware of, Vice Mayor, that any City Attorney has
clarified that. As a matter of fact,...
Vice Mayor Alonso: Well, would you get Carlos Smith? - that attended all of
the meetings. I was present. They discussed it. It was clearly
understood...
Mr. Williams: I have met...
Vice Mayor Alonso: ... that it was if we can prove an emergency. Are you
telling me that money is not an emergency?
Mr. Williams: I'm not determining what's an emergency, Vice Mayor. I'm
saying to you that I've met with Dade County along with members of the City
Attorney's staff. Commissioner Plummer is absolutely right. We are not
completely finished those deliberations and negotiations to the extent that we
know how much tonnage or how much waste stream we will have.
Vice Mayor Alonso: That's fine. But I don't think that we should really sit
and allow the County to continue to tell us that we cannot do it, when in fact
they are increasing the price at their wi11. Today we pay something. Next
day we pay whatever they want.
Mr. Williams: And they've given us a schedule to the out years that it's
going to be even more expensive.
Vice Mayor Alonso: Exactly. So we have to do something. Isn't this an
emergency? To me, it is an emergency. Carlos, you attended some of the
meetings. You were here when Fernandez said...
Mr. Carlos Smith (Assistant City Manager): I did attend some...
Vice Mayor Alonso: ... that indeed if we had an emergency, we could do it.
Mr. Smith: It's clear in the ordinance of the law that says that if it's a
State mandate that if you can prove an emergency, you can get out and do your
own. Now...
Vice Mayor Alonso: Do you have the money to pay what they are asking? You do
not.
Mr. Smith: No. Let me say this.
Vice Mayor Alonso: Therefore, this is an emergency.
Mr. Smith: After that, Ron and I both met with the...
Commissioner Plummer: No, they are going to say increase your garbage fee.
That's what they are going to say.
Mr. Smith: Ron and I both met with the County...
380
July 9, 1992
Vice Mayor Alonso: I asked the voters to respond that...
Commissioner Plummer: No, no, no. Excuse me. That's what the County is
going to tell you. They are going to say to you, hey just increase your
garbage fee like everybody else in Dade County. That's, you know, it's not
the simple answer for us, but that I guarantee is the simple answer they are
going to tell us.
Mr. Smith: Let me say, subsequent to that there has been two...
Vice Mayor Alonso: Then we should address this issue before elections in
September so they can go back to the County Commission and tell them, before
election day, hey, the people of Miami are not willing to increase the garbage
fee. Why should we? I need answers.
Mr. Williams: I'm not sure what your question is, Vice Mayor.
Vice Mayor Alonso: Well, the question is, why can't we address the question?
We've been dealing with this for two and a half years. We cannot get an
answer. It is an emergency. To me, it's a very serious emergency. Increase
the waste fee of our people, to me is an emergency. Why should we?
Commissioner Plummer: That emergency has existed for five years. In six
years, it has gone from $6.00 a ton to $64.00 a ton.
Vice Mayor Alonso: Well, the difference is we can do something now.
Commissioner Plummer: And it's supposedly in the next two years going to
$95.00 a ton.
Vice Mayor Alonso: And what do we do, we pass 1t to the citizens?
Mr. Williams: Madam Vice Mayor, in terms of developing that response for you,
we will meet with the City Attorney's office again, and we have been working
together on it, and develop the position to present the emergency situation to
see where we go.
Vice Mayor Alonso: Ron, with all due respect to you and to the rest of the
people here in the City of Miami. You've been working on this for two and a
half years.
Mr. Williams: I have not...
Vice Mayor Alonso: How come you don't have an answer?
Mr. Williams: I have not been working on it for two and a half years. I have
been working on it for less than a year.
Vice Mayor Alonso: Well, certainly the person standing next to you has been
involved for two and a half years. I have been involved for two and a half
years. I have asked, why can't we do something? We met...
Commissioner Plummer: That brings about public flogging.
381 July 9, 1992
I
Vice Mayor Alonso: You can bring a solution for savings, five, six million
saving, and here you tell me... You were involved for two and a years, have
you not?
Mr. Smith: I was involved. Ron and I met with the Assistant County Manager.
Vice Mayor Alonso: Yes.
Mr. Smith: Actually Ron met with Tony Clemente once.
Vice Mayor Alonso: So you are telling me he was also involved for two and a
half years.
Mr. Smith: No, no, no. This was...
Vice Mayor Alonso: He forgot.
Mr. Smith: This was recently. Before that, he and I both met with the
Assistant County Manager, Dennis Carter, and we talked about the need that we
had to construct such a facility and he basically indicated at that time that
he didn't think we had a problem, provided it was what he called a small
facility. We subsequent to that sent him...
Vice Mayor Alonso: What is a small facility?
Mr. Smith: Well, I think he was talking about a hundred to a hundred and
fifty...
Vice Mayor Alonso: Come on. Give me a break.
Mr. Smith: ... tons per day.
Commissioner Plummer: Yeah.
Mr. Smith: We subsequent to that, wrote him a letter when the issue was going
to come to the Commission for issuance of the RFP (request for proposals).
Dater on, there was a memorandum received by our City Attorney's office from
their attorneys saying that we didn't have the right to do what we were doing.
A meeting was called for Mr. Clemente where Ron was there and at that point in
time again the figure of a hundred, a hundred and fifty...
Mr. Williams: Right. We discussed that.
Jose Villalobos, Esq.: May I be heard?
Commissioner Dawkins: Why is it that the State of Florida and the Federal
government is mandating recycling and etcetera, and as the Vice Mayor says we
cannot declare an emergency and go to Tallahassee, go to Washington, or
wherever we have to go...
Mr. Villalobos: We don't need to.
382 July 9, 1992
Commissioner Dawkins: ... in order to show that this "an emergency" that we
have to do.
Mr. Villalobos: We don't need it to... Mr. Commissioner.
Commissioner Plummer: Sir, let me give you the answer because there was a
parallel answer that related to water and sewer department. Federal
government said to the City of Miami and to Metropolitan Dade County, we will
not accept anything less than a regional plan. And based on that, if you put
together a regional plan, we will fund what is necessary so that you don't
have a moratorium put on construction. We gave to Metropolitan Dade County
$400,000,000 of water and sewer department and they had the audacity to turn
around and place... and force a moratorium on us. The problem is that when
you start dealing with the Feds, they don't want to talk about parochialism,
municipalities. They want to talk about regional. And the only way that you
can get any cooperation or funding from the Feds is when you speak regional
basis and that is your answer.
Vice Mayor Alonso: Yeah, but we don't need to do any of it.
Mr. Villalobos: May I be heard, please?
Mayor Suarez: Wait. Wait, counselor. Do we have a second on the motion to
defer?
Commissioner Dawkins: Yes.
Mr. Villalobos: May I be heard?
Mayor Suarez: Wait, Counselor. Please.
Commissioner Dawkins: Yes.
Mayor Suarez: Do we have a second on the motion?
Ms. Hirai: Yes, Mr. Mayor.
Vice Mayor Alonso: I did for discussion.
Mayor Suarez: For discussion. Some of the things that I will need to know
about whether we vote favorably on the motion to defer or not and actually
lend support to the idea of deferral on this include how do we, and I say we
in a very generic sense here, because I presume the answer is not we the City,
but we the contractors involved in this, propose to pay for this plant? Is it
something that's going to be financed from the contract that they presumably
have to...
Mr. Cesar Odio (City Manager): We are not paying for anything.
Commissioner Plummer: For the record, they were financing themselves. They
were using our property, but they were going to finance the forty million
themselves.
Mr. Odio: We provide the land and we do not pay for anything.
383 July 9, 1992
Mayor Suarez: OK.
Mr. Odio: We get to make money.
Mayor Suarez: How...
Commissioner Plummer: That's not a true statement, either.
Mayor Suarez: ... do they presumably finance it.
Vice Mayor Alonso: Well, we save money.
Mr. Odio: I mean to save money.
Commissioner Plummer: Maybe.
Mr. Odio: It's the same thing.
Mayor Suarez: They are going to want to have at least a concession agreement
with a minimum amount of tonnage for a certain number of years, presumably, so
they can bond that out. Is that how?
Mr. Williams: That's absolutely correct, Mr. Mayor.
Mr. Odio: That's correct.
Mayor Suarez: They are not expecting our full faith and credit on those
bonds?
Mr. Williams: No.
Mr. Odio: No, sir.
Commissioner Plummer: No, sir. We had nothing to do with the financing.
Mayor Suarez: OK. We have no liability whatsoever?
Mr. Odio: None.
Mr. Williams: No, sir.
Commissioner Plummer: No, sir. But it's not necessarily a true statement
that we will make money off the deal.
Mr. Odio: I said we'll save.
Mayor Suarez: No, I'm not... I didn't...
Commissioner Plummer: There is the potential that we could save money. We
will not make money.
Mayor Suarez: I didn't say anything about making money. Secondly, the site
selection situation, like Commissioner Dawkins, I am concerned about the
384 July 9, 1992
possibility of this being located in Virginia Key, which is at least one of
the sites being considered. Is that correct?
Commissioner Plummer: It's the only one in the City of Miami.
Mr. Odio: Yes.
Mayor Suarez: It's the only one in the City of Miami and the implications, in
view of the problems had with the, I think it's Agripost, in the County...
Mr. Williams: Agripost. That's...
Mayor Suarez: ... facility.
Commissioner Plummer: Is now closed.
Mayor Suarez: Which, I think, is now somewhat inactive.
Commissioner Plummer: It's closed.
Mayor Suarez: Closed.
Mr. Williams: Mr. Mayor, we've asked the proposers to be prepared to secure
the necessary permitting and meet all of the environmental requirements that
would be necessary.
Mayor Suarez: And third, the whole issue of price is going to weigh heavily
on my mind.
Commissioner Plummer: Pricing?
Mayor Suarez: The price of what we have to pay for the disposal of the
materials. I hear, and presumably it's in our package somewhere, but...
Commissioner Plummer: Do you know what the County is going to?
Mayor Suarez: ... I have heard by other means that the selected - or the
recommended group,...
Commissioner Plummer: Six hundred a year per house.
Mayor Suarez: ... which I think is yours Tony, is proposing to do this at a
much higher cost than another company, which I think is yours, Jose.
Mr. V111alobos: That's right.
Mayor Suarez: And I'm going to want to know exactly how that works. I
mean...
Mr. Williams: That's part of the negotiations, Mr. Mayor, and certainly we
would bring back to you...
Mr. Odio: A negotiated price.
385 July 9, 1992
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Mr. Williams: ... a package that we thought was in the very best interests of
-I the City, long term.
3
Mr. Odio: And we control.
Mayor Suarez: OK. Now these are things that I could not particularly have
=� totally solved to my satisfaction before today and that's why I'm inclined to
=i go with the motion to defer. There's one that I should have solved for
myself, but it turns out the more I see the magnitude of this thing, I just
didn't anticipate it from the RFP. I really need to know whether this is
really composting, what we are doing, or whether this 1s really not a major
processing plant for large streams of solid waste from the City of Miami and
if so, then it's a whole different thing from what I thought we were doing. I —_
thought we were doing...
Mr. Odio: I wish it was a large stream of garbage,...
Mayor Suarez: No.
-4
Mr. Odio: ... but we cannot. The County prohibits us from doing that. We
have to negotiate an inter -local agreement with the County for them to allow
us to divert any garbage whatsoever to this plant. We have had...
Mayor Suarez: What kind of generic description can you give for the garbage
that would be allowed to be processed in this...
Mr. Odio: Garbage. General garbage. Any garbage.
Mayor Suarez: General?
Mr. Odio: Yes.
Mayor Suarez: Not just organic,...
Mr. Odio: No, no.
Mayor Suarez: ... or yard trash, or...
Mr. Odio: No. Garbage and what they would do, they recycle.
Vice Mayor Alonso: Garbage, and they will just...
Commissioner Plummer: Well, Mr. Mayor, may I offer this to you? The company
that I...
Mayor Suarez: So this is a much more encompassing concept. It's very similar
actually to what the County is in fact doing.
Mr. Odio: They do the recycling and...
Commissioner Plummer: The company that I spoke with, the beauty of what I
heard was that, that company can do all in one pickup. They can handle
t
j garbage, food garbage, they can handle trash, lawn cuttings and recyclables.
You don't have to send out one garbage truck to nick up garbage. one trash
386 July 9, 1992
truck to pick up trash, and one recyclable truck. One truck can pick up
everything and their machinery separates it for us.
Mayor Suarez: OK. Then that plays in with what Commissioner Dawkins was - --
saying, that this would be integrally connected with item 34.
Mr. Odio: What is item 34?
Commissioner Plummer: That's correct. _
Mr. Odio: Yeah. Well, the... OK. In two parts. Let me explain, and I... _
This plan would take between two and three years to get it done.
Mr. Williams: Right.
Mr. Odio: We need to resolve our recycling in the City now. '=
Mayor Suarez: Right. There may be a temporary recycling if we go to one of
these systems that we have to implement, of course.
Mr. Odio: But besides that - and I was talking to Bob Menditto about that
you have only probably going to allow 300 hundred tons a day that we can
divert. You still have to do the rest of the City recycling. So the =-
recycling part of the City is going to be long, long term.
Mr. Villalobos: May I be heard now, Mr. Mayor?
Mayor Suarez: Yeah. On the motion to defer, though, basically Counselor.
Mr. Villalobos, Yes, sir.
Commissioner Plummer: Mr. Mayor, can I please... Excuse me, Jose. Mr. Mayor,
we are leaving at nine o'clock and I know that's going to make a lot of people
unhappy, but we've been here 12 hours and I don't think anybody could ask us
to stay here longer than 12 hours. So I would hope, Mr. Mayor, that at this
particular time an announcement can be made that we'll see everybody back here
on the 16th.
Mayor Suarez: Yes, I did get a very specific request.
Mr. Armando Rodriguez: Mr. Mayor.
Mayor Suarez: Of course, I have one from the City Attorney. Wait a minute,
Armando. I have one from the City Attorney on an internal matter that he
finds absolutely important that we solve today, presumably non -controversial,
and one item which involves an out-of-town expert, which I believe is item 59.
The problem with that is that, that issue is probably going to involve quite a
bit of discussion. So even if the out-of-town expert has to spend a little
bit more money to come back, I'm sorry about that but it's not a simple item.
Mr. Odio: Mr. Mayor.
Mayor Suarez: I don't think it's going to be non -controversial.
387
July 9, 1992
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Mr. Rodriguez: Mr. Mayor.
Mayor Suarez: Which is your item, Armando?
Mr. Rodriguez: Mr. Mayor, my item is separate from this one. When you talked
before about the CDC and the CBO, I am from the Edgewater_ Economic
Development Corporation.
Commissioner Plummer: Well, excuse me. I'm sorry.
Mayor Suarez: Took care of that, Armando. We took care of that.
Mr. Villalobos: Excuse me.
Mayor Suarez: Please explain to...
Commissioner Plummer: Mr. Mayor, I asked in fairness so people don't have to
stay here.
Mayor Suarez: Please somebody explain to...
Mr. Villalobos: Two minutes. Two minutes.
Mayor Suarez: What?
Commissioner Plummer: Can we not further inconvenience those people who are
not going to be heard...
Mayor Suarez: Frank.
Commissioner Plummer: ... and let them go home.
Mayor Suarez: Yes. In the meantime, please explain to Armando where we are
on the CDCs .
Mr. Rodriguez: The problem, Mr. Mayor, that you only approved the one that
exists already? And Edgewater is one of the new ones, as it was an
oversight...
Mayor Suarez: I don't think that's what we did, but check with Frank.
Mr. Rodriguez: That's what he told me at the end.
Mayor Suarez: All... I thought we had approved till September loth all except
for...
Mr. Odio: All except for the Greater Miami Biscayne...
Mayor Suarez: ... Greater Biscayne Boulevard.
Mr. Rodriguez: All of them except the Greater...
Vice Mayor Alonso: All of them.
388 July 9, 1992
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Mayor Suarez: Right.
Ok
Mr. Odio: Mr. Mayor, and through Commissioner Dawkins I guess on 34. We need
to make a decision quickly on recycling because we are beginning to run out of
time. We have not been able to go Citywide on recycling. SEA (Sanitation
Employees Assoc.) and us have talked about it.
Commissioner Dawkins: There's no way, Mr. Manager, that you can do that in
one minute.
Mr. Odio: Yes, I know.
Commissioner Plummer: What's that?
Commissioner Dawkins: OK. I mean...
Mayor Suarez: All right.
Mr. Villalobos: May I be heard just for two minutes, please?
Commissioner Dawkins: You know, I wish you and I had agreed this morning...
Mayor Suarez: We are going to hear...
Commissioner Dawkins: ... and gotten it out of the way.
Commissioner Plummer: Sir, so you know, the last item at 9:00 is the last
item. We are on your nine, you are going to be heard, so don't get upset.
Mayor Suarez: You are going to be heard on the motion to defer.
Mr. V111alobos: Thank you, sir.
Commissioner Plummer: Even though it's deferred.
Mayor Suarez: Ladies and gentlemen...
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner De Yurre: Since this is the last item and we've got two minutes,
I'd like to move item 60, get it in before nine o'clock. It's a street
closure for a race that's coming up Sunday.
Mr. Odio: We recommend that.
Commissioner De Yurre: So we've got to have that. It's for the National...
Mayor Suarez: OK. item 60 has been moved. Do we have a second?
Commissioner Dawkins: Second.
i
389 July 9, 1992
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Mayor Suarez: Second. Any discussion on item 60?
Mr. Odio: Sixty.
Mayor Suarez: Any problems, Mr. Manager?
Commissioner Plummer: What race is it?
Commissioner De Yurre: Cycling League.
Commissioner Dawkins: Budweiser Regatta.
Mr. Odio: Miami Wheelers.
Commissioner Plummer: Oh, then I'm in favor.
Mayor Suarez: Call the roll on item 60.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-469
A RESOLUTION RELATED TO THE NATIONAL CYCLE LEAGUE
TITLE BICYCLE RACE TO BE CONDUCTED BY THE MIAMI
WHEELERS BICYCLE CLUB ON SUNDAY, JULY 12, 1992;
AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE
AND INSPECTION SERVICES; FURTHER CONDITIONING ALL
APPROVALS AND AUTHORIZATIONS GRANTED HEREIN UPON THE
ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES AND FEES ASSOCIATED WITH SAID EVENT AND
OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT
AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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: This Bud's for you.
390
July 9, 1992
El
Mayor Suarez: Mr. Villalobos.
0
Unidentified Speaker: If we are going to defer, we should defer.
Mr. Villalobos: No, no. Just a minute.
Commissioner Dawkins: That's right. We are going to... It's deferred.
Mr. Villalobos: I want to... I requested...
Mayor Suarez: Well, that's the motion and second, but he can argue on that,
Mr. Villalobos: I specifically requested permission to speak and I have been
granted permission to speak.
Commissioner Plummer: You'll have it.
Mr. Villalobos:
you. OK.
Mayor Suarez:
over.
If I may, may I have some room so I can speak, please? Thank
Yeah, and we got another mike over here. You can move Williams
Mr. Villalobos:
have to go there.
We have been hearing... You know, he can go there. I don't
Mayor Suarez: No, that's what I meant. He can go.
Mr. Villalobos: We have been hearing about...
Mayor Suarez: The guy with the lighter suit.
Mr. Villalobos: We have been hearing about Papa Doc Duvalier and the
boogeyman of the County, and I'm surprised that the City of Miami with all of
its lawyers and with all of the money that we spend in lawyers, have not taken
the time of reading the ordinance and the contract that we have, the City of
Miami with the County.
Mayor Suarez: Yeah, you've just pointed that out to me...
Mr. Villalobos: I requested, sir,...
Mayor Suarez: ... and it's got very interesting wording in there that we
ought to clarify.
Mr. Villalobos: I requested specifically from the County, from the City
Attorney's office, on May 4th the latest contract between the City of Miami
and Metropolitan Dade County. That, what had been represented to the council
is simply not true. You can do as you please pursuant to the contract that
they have right now.
Mayor Suarez: Is that in reference...
Mr. Villalobos: And I quote...
391
July 9, 1992
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Mayor Suarez: Wait, wait. Is that a reference to the clause that is entitled
exclusive right to City solid waste? Is that the one?
Mr. Villalobos: And I quote... I'd like to read it for the record.
"Exclusive right to City solid waste. It 1s the intent of this agreement that
all solid waste generated within the City and not retained by the City..."
Therefore, you can retain whatever the hell you want.
Mayor Suarez: Oh, no. That's...
Mr. Villalobos: May I continue, please?
Mayor Suarez: That's by implication from that. But go...
Mr. Villalobos: May I continue? May I continue?
Mayor Suarez: Yes, absolutely.
Mr. Villalobos: There's no other language because I have studied the whole
contract, which I have 1n my hand, and there's no other language that
contradicts this paragraph. That's number one. Commissioner Plummer, it is
simply not true that you cannot question the County.
Commissioner Plummer: Oh, we can question them. We just don't get answers.
Mr. Villalobos: Pardon me, sir. You have a contract. You have City
Attorneys.
Commissioner Plummer: But the contract...
Mr. Villalobos: They can go and do it. If you want to, I'll do it pro bono
for you. How about that?
Commissioner Plummer: Pepito.
Mr. Villalobos: Excuse me.
Commissioner Plummer: The contract you just gave me,...
Mr. Villalobos: Yes, sir.
Commissioner Plummer: ... and I'm not a lawyer, but I read very simply that,
that which you just surrendered to me, says we have the right to take our
stuff to the dumping station. That's all it says.
Mr. Villalobos: No, sir. It does not.
City Attorney Jones: It does too say that. It's specific in the title.
Mr. Villalobos: With all due deference...
Mayor Suarez: OK. Wait. Wait. One at a time. Counselor, I have to say,
just preliminarily, that you seem to be reading more into that paragraph than
I am. But why don't we let him complete...
392 July 9, 1992
Mr. Villalobos: May I complete?
Mayor Suarez: ... his argument. And then we hear from the City Attorney.
Mr. Villalobos: Certainly.
Mayor Suarez: Apparently, we don't agree, but we'll put both arguments on the
floor.
Mr. Villalobos: Assuming the council was correct and that I
was reading something into the contract that does not exist. Mr. Mayor, you
are a lawyer and Mr. De Yurre, you are a lawyer, and there's certain things
called "unconscionable contracts." If we can do it for you at $38.50 how in
the hell can they say that they can force you to do it at $65.00? This is a
savings to you of $8,000,000. Please tell me whether or not that is
unconscionable.
Mayor Suarez: OK.
Mr. Villalobos: The County has decided to have the City of Miami overwrite
and underwrite its inefficiency and its mismanagement. The City of Miami and
the people of the City of Miami...
Commissioner Plummer: Boy, you are right on the money there.
Mr. Villalobos: ... are paying, are underwriting...
Commissioner Plummer: He is absolutely right.
Mr. Villalobos: ... the expenses of the Metropolitan Dade County at the cost
of the Police Department. They were asking this morning for $2,000,000. We
are here offering to you not $2,000,000, but a savings of $8,000,000 at the
new price of $65. So please, Mr. Mayor, as a lawyer and please Mr. De Yurre,
as the lawyer, invite me more into this contract words. We certainly can take
it to court and beat it and win under unconscionable contracts.
Mayor Suarez: All right.
Mr. Villalobos: In addition, Mr. Mayor,...
Mayor Suarez: The motion before us is a motion to defer. Your arguments are
quite interesting on the issue of our ability to process.
Commissioner Plummer: Well, Mr. Mayor. Excuse me. I think he is right on
point.
Mayor Suarez: Yeah.
Commissioner Plummer: If he's right,...
Mr. Villalobos: I'll do it gratis.
393 July 9, 1992
Commissioner Plummer: ... and I would love to be wrong, then we have the
right to proceed immediately and do something. If he is wrong, then I'm
right, and I am in soup because I can't do much about it. And I think that
that's where we are.
Mr. Villalobos: I will do it free of charge.
Commissioner Plummer: And between now and September the loth, whatever we can
do to get an answer is what I think we should be about.
Mr. Odio: No, no, no.
Mr. Villalobos: Let me suggest this as well.
Mayor Suarez: Wait. Please, please, please.
Mr. Odio: I was saying that this item and 34 - I said it this morning - are
the savings factors that we have for the budget. We have to take this first
thing... I recommend please, on Thursday, before you take on the budget, we
need to decide...
Mayor Suarez: Next Thursday.
Mr. Odio: ... if this can be done. We are talking about saving us a lot of
money here.
Mayor Suarez: If at all possible, next Thursday.
Commissioner Plummer: Wait, wait, wait.
Mr. Odio: And the same thing with the recycling.
Commissioner Plummer: Mr. Manager, how can next year's budget be affected by
this?
Mr. Odio: Because we have the recycling to take care of and we can save
immediately $465,000.
Commissioner Plummer: My understanding, the recycling, as far as I can see,
is going to be done by the private sector.
Mr. Odio: No. That's up to you to do.
Commissioner Plummer: OK. But I mean, isn't that understood by all concerned
at this point? Show me where the savings, or not savings, can be by this
proposal on next year's budget.
Mr. Odio: I'll tell you what. If what he's saying is true...
Mr. Villalobos: Let me give it to you right now. May I?
Mr. Odio: If what he's saying is true...
2 1
Mayor Suarez: Wait, wait, wait.
394 July 9, 1992
Commissioner Plummer: Pepito, excuse me.
Mayor Suarez: Please.
Commissioner Plummer: If it were to be true, neither one of you or any of you
can have an operation in operation for two years. How is it going to affect
next year's budget? —
Mr. Odio: Wait, wait. But Dade County doesn't have us over the barrel any
more.
Commissioner Plummer: What? _
Vice Mayor Alonso: What?
Mr. Odio: If this is true, and we can divert anything we want, they don't
have us over the barrel any more.
Commissioner Plummer: Mr. Manager. _
Mr. Odio: That's what he's saying. -
Commissioner Plummer: If it takes 24 months to build this facility,...
Mr. Odio: I know that, but it gives us...
Mayor Suarez: He's saying that it changes the negotiating posture...
Commissioner Plummer: ... how does it affect next year's budget?
Mr. Odio: It changes the negotiating posture, Commissioner.
Mayor Suarez: ... in connection with the...
Commissioner Plummer: Negotiating with who?
Mr. Odio: With the County.
Mayor Suarez: ... the County. As to the increase in fees that they...
Mr. Odio: Right now they can do anything they want with us.
Mr. Villalobos: Let me tell you two things that are going to happen.
Commissioner Plummer: Oh, I see what you mean.
Mayor Suarez: Please! Please! Please!
Commissioner Plummer: OK. No, no. I know.
Mayor Suarez: Mr. City Attorney, on the record we've had a statement that
says that this paragraph means that we are not constrained. I gather you
don't believe, you don't agree with that interp...
395 July 9, 1992
i
Commissioner Plummer: Boy, we suddenly got all kinds of experts on
garbageolist [sic].
City Attorney Jones: Excuse me, Mr. Mayor.
Mayor Suarez: Mr. Manager, please.
Commissioner Plummer: Godl What a Commission. We go from...
Mayor Suarez: Mr. City Attorney. Do you need to put it in the record, at
this point, anything on that issue... =-
City Attorney Jones: OK. -
Mayor Suarez: ... or not?
City Attorney Jones: I'd be happy to. I didn't mean to...
Mayor Suarez: No, but do you need to? I know you'd be happy to put a lot of
things on the record. You'd be happy to get into a legal argument for the
three hours with him, but...
Vice Mayor Alonso: Yes, but before he does, Mr. Manager. Two and a half —
years ago, we went over this exactly the same thing. Carlos Smith was
present.
Mr. Odio: No I have done that.
Vice Mayor Alonso: The Legal Department was present. You were involved.
Mr. Odio: That's right.
Vice Mayor Alonso: I was involved and I say why can't we get away from the
County and save money?
Mr. Odio: And Commissioner,..,
Vice Mayor Alonso: Then it triggered all of the investigation.
Mr. Odio: You know...
Vice Mayor Alonso: You people started investigating. You met, met again,
went on and on. And finally, you came with a proposal. You opened for bids.
You assigned a committee. You came to us, asked us to provide names, and you
came with recommendations.
Mr. Odio: Right.
Vice Mayor Alonso: If you didn't have any basis to...
Commissioner Dawkins: Are we going to defer this or not? I mean call the
roll on the deferral.
396 July 9, 1992
Vice Mayor Alonso: If you didn't have any basis...
Mayor Suarez: The only argument that's supposed to be taking place is on
deferral.
Vice Mayor Alonso: ... to be able to do this, why in the world you went on
asking for proposals?
Mr. Odio: Because the County, as of right now, has agreed to certain tonnage _
that we can divert. And I have told them that over and over and over.
Vice Mayor Alonso: Let me tell you something. If they agree to a certain =-
amount,.,,, _
Mr. Odio: They have agreed. We have an interlocal...
Vice Mayor Alonso: it's because they know we can get away from them.
Believe me. —
Mr. Odin: You know, unfortunately, there's a State statute floating
somewhere. _
Vice Mayor Alonso: They know better than that.
City Attorney Jones: Mr. Mayor.
Vice Mayor Alonso: You send a letter and tell them we are getting away from
them. They will just understand.
City Attorney Jones: Let me.
Mayor Suarez: Please. Mr. City...
Commissioner De Yurre: Mr. Mayor.
Commissioner Dawkins: I got a motion on the floor. You can't move nothing
else.
Mayor Suarez: We have a motion to defer. If we don't have anything further
from the City Attorney, Commissioners, we can vote on that.
Vice Mayor Alonso: Mr. Mayor. I'm sorry, but I have to...
Mayor Suarez: Vice Mayor Alonso.
Vice Mayor Alonso: ... emphasize the same point again. I said I second for
discussion. I want to hear next Commission meeting from the Manager and from
the City Attorney and I want to hear what I want to hear. That we can get
away from the County.
i
Mr. Villalobos: May I participate...
Vice Mayor Alonso: Because we certainly have an emergency. And let them get
after us.
397 July 9, 1992
Mr. Villalobos: May I participate in the discussions with the County?
Vice Mayor Alonso: I don't know if you can. But I'm certainly...
Mr. Villalobos: That's a public thing you are...
Vice Mayor Alonso: ... ready to take action.
Mayor Suarez: You know...
Mr. Villalobos: Madam Commissioner,...
Mayor Suarez: Counselor. Counselor.
offer of pro bono representation,...
Vice Mayor Alonso: Yes.
I am inclined, because of your prior
Mayor Suarez: ... to say that all of the attorneys involved in this bid can
collectively help us pro bono, but not any one of you obviously. And yes, the
answer to you 1s yes, you can participate to the extent the City Attorney
finds you helpful 1n those meetings. Now, he has to take the lead, as has the
Administration. So, that answers that. Now, anything else you need to put in
the record?
City Attorney Jones: Mr. Mayor, let me just put on the record very quickly.
I take issue, of course, with the representation that's made. The State
statute is very clear that the facility as proposed is strictly within the
ambit of power of the County and the only exception there has to be whether a
municipality can show by preponderance of the evidence that constructing such
a facility would not impair the financial obligations to the County. And, of
course, that's the position that they've maintained. By building such a
facility, it would impair and impact on their financial obligations...
Mayor Suarez: Could we get...
City Attorney Jones: ... and that's why we are in the position that we are
in.
Mayor Suarez: ... a declaratory judgment action to try to determine our
rights?
City Attorney Jones: Well, I don't think there are any rights to declare. I
think the Statute is very clear as to what rights the County has and what
rights any municipality has. And the only exception is stated within the
Statute. So the whole factor about this what this individual has talked about
a purported contract, back in 1978 only deals with the City using the County
facility. It doesn't deal with anything more.
Mayor Suarez: All right. One quick statement from the other group that
presumably is the one recommended and probably is against the motion to defer
al so.
398 July 9, 1992
i
Tony Zamora, Esq.: Mr. Mayor, Tony Zamora, attorney for Americycle, 3191
Coral Way. We are, at this late date, not particularly opposed to the
deferment. I think we are in agreement that at this time we should defer this
issue. Also, we agree with your statement that all counsel should participate =-
and if we can get the Dade County to release the waste stream, it would be to
the benefit of the City of Miami and that's what we all want to do. I think
it's the idea of Vice Mayor Alonso that we have a crisis, we join totally. -
There is a crisis, and it's a crisis that has to be resolved. It's
unfortunate that we could not take this item right now, but any time that we
lose is going to be to the disadvantage of the City of Miami. But we will
work with Mr. Villalobos and counsel for the other proposers and, of course,
with the City Attorney to try to obtain the release of the waste stream. At the same time, Commissioner Dawkins mentioned that he would like to visit the —
plants of some of the proposers and we welcome that. We would love to have
you see an Americycle facility and we'll take it up again September the loth.
Vice Mayor Alonso: July the 16th. The 16th.
Mr. Villalobos: By the time September comes, we will lose $2,000,000.
Mayor Suarez: Counselor, please.
Vice Mayor Alonso: No, we are talking about next week.
Mayor Suarez: You've not been recognized. Now Commissioner...
Mr. Villalobos: Next week?
Vice Mayor Alonso: Yes.
Mr. Villalobos: Oh.
Mayor Suarez: Please. Pleasel Commissioner Dawkins, did you mean to defer
until a particular date?
Commissioner Dawkins: The Manager... I said the 16th. The Manager says that
this urgent and I have no problem with doing it at the next meeting.
Mayor Suarez: All right. So we are continuing the item, or deferring, or
however we ought to state it, until July 16th only, Jose. Not till September.
Commissioner Dawkins: OK.
Commissioner Plummer: What do we hope to accomplish in seven days of getting
an answer back from the County?
Mayor Suarez: No.
Commissioner Plummer: That's the key.
Mayor Suarez: No, that's not the key on the motion to defer. The key on the
motion to defer is questions...
Commissioner Dawkins: Information for me.
399 July 9, 1992
Mayor Suarez: ... that Commissioner Dawkins needs, that I need, and the
lateness of the hour because we haven't even gotten into the merits yet.
Mr. Zamora: What day will be deferment, Commissioner?
Commissioner Dawkins: The next meeting.
Mr. Zamora: That will be next week.
Mayor Suarez: Yeah. Next Thursday.
Mr. Zamora: Will you be able to and visit our...
Commissioner Dawkins: Yeah. Yeah, I'll have to, Tony.
Mr. Zamora: Very good. We'll do it.
Commissioner Dawkins: And Villalobos, I have to go, both of you.
Mr. Villalobos: May we have the first item on the agenda?
Commissioner Dawkins: You and I can't go to Hawaii. I can't go to Hawaii.
Mr. Villalobos: I'd love to have you there.
Commissioner Dawkins: OK. Call the roll.
Commissioner Plummer: No, the first item on next week's agenda is, once
again, police deferment [sic] for the first hour.
Mayor Suarez: Police deployment, not deferment.
Commissioner Plummer: I have that from the Mayor.
Mr. Zamora: Can we have the second position then?
Commissioner Dawkins: And the second item will be what is now 24 and 34, will
be the second and third items.
Mayor Suarez: We'll place that as the second item right after police
deployment.
Commissioner Plummer: Call the question.
Mr. Zamora: We would like to schedule your visit to the plant in Sumner
County any time you want.
Mayor Suarez: Very good. Moved and seconded as to deferral to July 16th, the
second item after the police deployment hearing, completion of which we will
do that day, hopefully.
Mr. Odio: Mr. Mayor, item 43 will cost us $1,000. It's just an advertisement
waiver. Could we pass it, please?
400 July 9, 1992
Commissioner Oe Yurre: Hold it. Are we through on...
Commissioner Dawkins: No. Call the roll.
Mayor Suarez: Please call the roll on the motion to defer. Why do you not
let me at least call the roll first, Mr. Manager?
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-470
A MOTION TO DEFER AGENDA ITEM 24 AND AGENDA ITEM 34
[NAMELY: PROPOSED RESOLUTION APPROVING FINDINGS OF
SELECTION COMMITTEE FOR FIRM TO PROVIDE DESIGN,
CONSTRUCTION, ACCEPTANCE TEST, FINANCE AND
OWNERSHIP/OPERATION OF SOLID WASTE PROCESSING
FACILITY; AND DISCUSSION OF PROPOSED CITY -OPERATED
100% CURBSIDE RECYCLING PROGRAM), TO THE JULY 16, 1992
COMMISSION MEETING AS THE SECOND AND THIRD ITEMS ON
SAID AGENDA, RESPECTIVELY, IN ORDER TO GIVE
COMMISSIONERS AN OPPORTUNITY TO VISIT SOLID WASTE
PROCESSING FACILITIES.
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.
50. (A) PERSONAL APPEARANCE BY REPRESENTATIVE LUIS MORSE INFORMING THE
COMMISSION ABOUT SUCCESSFUL EFFORTS TO OBTAIN FUNDS FOR PUBLIC
HEALTH CLINICS IN OVERTOWN AND LITTLE HAVANA.
(B) BRIEF COMMENTS BY COMMISSIONER DAWKINS CONCERNING HIS INTENTION
TO SEEK A WAY TO END THE METRO-DADE COUNTY HOME RULE CHARTER.
Commissioner De Yurre: Move 49.
Mayor Suarez: Representative Morse,...
Vice Mayor Alonso: Let's recognize...
401 July 9, 1992
r]
Mayor Suarez:
... did you want to address us?
Commissioner De Yurre: Forty-nine.
Representative Luis Morse: Thank you, Mr. Mayor, Commissioners.
Vice Mayor Alonso: ... Representative Luis Morse.
Representative Morse: The end of a very, very hard day for you all. I just
wanted to let you know ahead of time that you will be receiving an invitation
within this month of July for the ground breaking ceremonies of the public
health clinic in Little Havana.
Mayor Suarez: Very good.
Representative Morse: Even 1n the midst of such a terrible fiscal year, we
were able to get the funding for the Little Havana - the last monies that were
needed for the construction of Little Havana and Overtown, which was the
number one recommended capital expense by FIRS (Department of Health and
Rehabilitative Services) and I'm very, very excited about this.
Commissioner Dawkins: OK. And I...
Representative Morse: And I hope that you all...
Vice Mayor Alonso: So July 29th.
Representative Morse: ... come over.
Vice Mayor Alonso: July 29th.
Commissioner Dawkins: All right. And I will...
Representative Morse: This is going to be great. This is your work. This
your contribution and we've got to be together on this one.
Commissioner Dawkins: And I want you to know that I will be working with you
to try to end the home rule charter of Dade County. I'd like to know how we
can do that.
Vice Mayor Alonso: Yes.
Representative Morse: I'll go in front of...
Commissioner Plummer: Wait a minute, I got a question. Is the first patient
in the clinic the Governor?
402 July 9, 1992
51. DELEGATE CERTAIN COMPETITIVE BIDDING FUNCTIONS TO THE DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) BY AUTHORIZING THEM TO ISSUE A REQUEST FOR
PROPOSALS (RFP) FOR PROVISION OF ARMED PRIVATE SECURITY SERVICES IN
DOWNTOWN AREA -- AUTHORIZE ESTABLISHMENT OF SELECTION COMMITTEE.
Mayor Suarez: Mr. Manager.
Mr. Cesar Odio (City Manager): Forty-three.
Mayor Suarez: Mr. City Attorney.
need for us to take...?
Mr. Odio: Forty-three we need bad.
Commissioner Plummer: Wait a minute.
Is there any item that you particularly
Commissioner De Yurre: Well, I moved 49.
Commissioner Plummer: I second Victor's 49.
Commissioner De Yurre: Call the roll.
Commissioner Plummer: Cali the roll on 49.
Mayor Suarez: Madam City Clerk, did we call the roll on the motion to defer?
We did, did we not?
Vice Mayor Alonso: Yes, we did.
Ms. Hirai: Yes.
Mayor Suarez: On 49.
403
July 9, 1992
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-471
A RESOLUTION, WITH ATTACHMENT(S), DELEGATING CERTAIN
COMPETITIVE BIDDING FUNCTIONS BY AUTHORIZING THE
DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") TO ISSUE A
REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE
ATTACHED FORM, FOR THE PROVISION OF ARMED PRIVATE
SECURITY SERVICES IN THE DOWNTOWN AREA; AND
AUTHORIZING THE ESTABLISHMENT OF A SELECTION COMMITTEE
TO EVALUATE SAID PROPOSALS AND TO REPORT SAID
COMMITTEE'S FINDINGS TO THE CITY COMMISSION FOR ITS
ACTION.
(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.
52. BRIEF DISCUSSION CONCERNING CONSIDERATION OF PROPOSED RESOLUTION WAIVING
CITY CODE PROHIBITION (SECTION 2-302) AS IT APPLIES TO ARLINGTON L. AND
LILLIE L. DEAN, PARENTS OF A CITY LAW DEPARTMENT EMPLOYEE -- NO ACTION
TAKEN.
Commissioner De Yurre: And move 50.
Mayor Suarez: We have a motion...
Vice Mayor Alonso: For what?
Commissioner De Yurre: On 50.
Mayor Suarez: On 50. Item 50 has been moved by Commissioner De Yurre.
Commissioner Plummer: No, no, no. If you are going to do that, that's a
break... policy of this Commission.
404 July 9, 1992
AML
Commissioner Dawkins: That's right.
Commissioner Plummer: That's it. Nine o'clock is the policy. Now, if you
want to break policy, do for one, you got to do for all. That's unfair.
Mayor Suarez: Al right. Back to asking to the Administration. Assuming
that motion is withdrawn.
City Attorney Jones: Mr. Mayor.
Mr. Cesar Odio (City Manager): Forty-three would cost us...
Mayor Suarez: Do we have an item of emergency from the City Attorney or the
City Manager?
Mr. Odio: Forty-three would cost us money for no reason.
City Attorney Jones: Mr. Mayor.
Mayor Suarez: Please, either one of you. But one at a time. We are going to
listen to both our fine City Manager and our fine City Attorney. Now.
Mr. Odio: Forty-three is just simple waiver, and it would cost us $1,000 to
re -advertise if we don't do it now.
Mayor Suarez: Does anybody have any problem with voting on item 43, that the
Manager is requesting?
Vice Mayor Alonso: Move it.
Commissioner Dawkins: I do. I do.
Mayor Suarez: All right.
53. CLAIM SETTLEMENT: EUGENE RUBIN ($500,000).
Mayor Suarez: Mr. City Attorney, is there an item that you...
City Attorney Jones: Yes.
Mayor Suarez: ... think that is an emergency that we should take up as we
always do before we adjourn.
City Attorney Jones: Yes, please, Mr. Mayor. I spoke to each of you relative
to the Rubin case involving the toll booth operator who was injured. I'm
scheduled to go to trial on this on Monday. I've been negotiating a
settlement for the past couple of weeks, which I think is a very good
settlement for five hundred thousand...
Mayor Suarez: This item is going to trial on Monday?
405 July 9, 1992
F1
City Attorney Jones: It's scheduled to go to trial on Monday.
Mayor Suarez: And what's the settlement...
City Attorney Jones: The settlement is $500,000 without any
admission of
liability, four pay...
Mayor Suarez: You've had a chance to explain it to each Commissioner?
City Attorney Jones: Yes. Four payments over a year.
Mayor Suarez: OK. Commissioner. Does anyone want to move
the item? We
have... I know I have been briefed on it.
Commissioner De Yurre: I'll move it. Which item, 43?
Mayor Suarez: No.
Mr. Odio: Forty-three is just a...
Mayor Suarez: No. I'm talking about the item on the settlement
of the matter
that's going to trial on Monday that we've all been briefed on.
City Attorney Jones: Rubin. The toll booth operator.
Commissioner De Yurre: Move it.
Mayor Suarez: Moved by Commissioner De Yurre.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded by the Vice Mayor. Call the roll.
The following resolution was introduced by Commissioner
De Yurre, who
moved its adoption:
RESOLUTION NO. 92-472
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO EUGENE RUBIN, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $500,000 TO BE PAID AS FOLLOWS:
$150,000 AT THE TIME OF SETTLEMENT; $150,000 ON
NOVEMBER 1, 1992; $150,000 ON JUNE 1, 1993; AND,
$50,000 ON AUGUST 1, 1993, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, IN CIRCUIT COURT CASE NO. 90-00381
CA 25, UPON THE EXECUTION OF A RELEASE RELEASING THE
CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMAND FUNDS
TO BE PROVIDED FROM THE INSURANCE AND SELF-INSURANCE
TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
406
July 9, 1992
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the fallowing vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Suarez: Are you the counsel for the plaintiff?
Commissioner De Yurre: And...
Vice Mayor Alonso: What item was this?
Commissioner De Yurre: ... 50 is the other one.
Mayor Suarez: You know, when I see the counsel for the plaintiff wanting us
take it, it makes me wonder whether it couldn't simply have...
City Attorney Jones: I told him it would be this time.
Mayor Suarez: Yeah, by agree... No, but I mean, I wonder why there's an
emergency. They could just tell the judge that they've got a pending
settlement that the Commission wasn't able to take up...
City Attorney Jones: Especially set.
Mayor Suarez: Especially set.
54. RECONFIRM RESOLUTION 89-548, WHICH ESTABLISHED THE FLAGLER/CORE AREA
SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT -- EXTEND SECURITY,
STREET MAINTENANCE AND SIMILAR SERVICES THROUGH MARCH 7, 1993 --
ESTABLISH / LEVY SPECIAL ASSESSMENTS AGAINST PROPERTIES IN SAID
DISTRICT -- EXTEND POLICE RANGER PROGRAM THROUGH SEPTEMBER 30, 1992,
THEREAFTER TO BE REPLACED BY AN ARMED PRIVATE SECURITY SERVICE.
------------------------------------------------------------------------------
Commissioner De Yurre: I move 50.
Mayor Suarez: Item 50 has been moved. Want to second item 50?
Vice Mayor Alonso: Yes.
Mayor Suarez: Second. Cali the roll, please.
Vice Mayor Alonso: Anything to get out of here.
407 July 9, 1992
LA
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-473
A RESOLUTION, WITH ATTACHMENT(S), RECONFIRMING
RESOLUTION NO. 89-548, ADOPTED JUNE 7, 1989, WHICH
ESTABLISHED THE FLAGLER/CORE AREA SECURITY DISTRICT
SPECIAL IMPROVEMENT DISTRICT, AND DETERMINING THAT
SECURITY AND STREET MAINTENANCE AND SIMILAR SERVICES,
AS DECLARED BY RESOLUTION 89-828, EXTEND FOR ONE YEAR
BY RESOLUTION NO. 91-292, AND EXTENDED FOR AN
ADDITIONAL NINETY (90) DAYS BY RESOLUTION NO. 92-248
(COLLECTIVELY INCORPORATED BY REFERENCE), BE AGAIN
EXTENDED THROUGH MARCH 7, 1993, FOR A PERIOD OF ONE
HUNDRED NINETY TWO (192) DAYS; ESTABLISHING AND
LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTIES IN SAID
DISTRICT BENEFITING BY THE PROVISION OF SUCH SERVICES
FOR SAID ONE HUNDRED NINETY TWO (192) DAYS, IN
ACCORDANCE WITH THE FINAL ASSESSMENT ROLL TO BE FILED
WITH THE CITY CLERK; FURTHER EXTENDING THE CITY OF
MIAMI POLICE RANGER PROGRAM ADMINISTERED BY THE CITY
OF MIAMI POLICE DEPARTMENT THROUGH SEPTEMBER 30, 1992,
AT WHICH TIME IT SHALL BE REPLACED BY AN ARMED PRIVATE
SECURITY SERVICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Suarez: Folks, I know we have a lot of other items, and I know in one
case there were people from out of town here, but I think that was the one for
the Miccosukee project. Is that the one? That would take a considerable
amount of discussion. There is no way we could do that one tonight in any
event.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: A 30-day moratorium?
Mr. Ruben Avila: Mr. Mayor, what happened with item 50?
Mayor Suarez: Moratorium on what?
408 July 9, 1992
Ms. Hirai: Fifty was moved...
Mr. Avila: It passed with no arguments?
Mayor Suarez: Sir, you are out of order. Ruben, please have a seat. Yes,
ma'am.
Ms. Hirai: No, he was asking if item 50 was passed as presented, Mr. Mayor.
Mayor Suarez: Item 50 was passed. Did you have a problem with item 50?
Mr. Avila: Yes, sir, I did.
Mayor Suarez: I hereby move to reconsider item 50. I presumed that it was a
non -controversial item and on that basis I voted for it. Well, I'll tell you.
I'll move to reconsider at the next session because I assumed that it was a
non -controversial item. You'll get your chance to explain it, Ruben.
Mr. Avila: I was standing right there, Mr. Mayor.
Mayor Suarez: We are adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:19 P.M.
ATTEST:
Natty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
MAYOR
409 July 9, 1992