HomeMy WebLinkAboutCC 1992-07-16 MinutesOF M I A M I---
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hk I N U T E S
OF MEETING HELD ON DULY 16, 1992
PLANNING AND ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
MR
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INDEX
MINUTES OF REGULAR MEETING
JULY 16, 1992
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ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1.
PRESENTATION BY REPRESENTATIVES OF U.S.
DISCUSSION
1-3
COAST GUARD TO CITY OF MIAMI FOR
7/16/92
ASSISTANCE DURING HAITIAN RESCUE
OPERATIONS.
2.
(A) VICE MAYOR ALONSO PROTESTS ABOUT
DISCUSSION
3-5
TODAY'S "MIAMI HERALD" EDITORIAL.
7/16/92
(B) COMMISSIONER PLUMMER STATES THAT
REPORT ON BAYFRONT PARK MANAGEMENT
TRUST IN TODAY'S "MIAMI TODAY" IS
INCORRECT.
3.
DISCUSSION CONCERNING POLICE DEPARTMENT
DISCUSSION
6-33
PRACTICES AND, MORE SPECIFICALLY,
7/16/92
POLICE DEPLOYMENT.
4.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION
33-60
CONSIDERATION OF PROPOSED RESOLUTION TO
7/16192
APPROVE SELECTION COMMITTEE'S FINDINGS
AS TO MOST QUALIFIED FIRM TO PROVIDE
DESIGN, CONSTRUCTION, ACCEPTANCE TEST,
FINANCE AND OWNERSHIP / OPERATION OF A
SOLID WASTE PROCESSING FACILITY (See
label 7) ,
5.
DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF REPORT ASSESSING COSTS
AND BENEFITS ASSOCIATED WITH A CITY -
OPERATED 100% CURBSIDE RECYCLING
PROGRAM AS COMPARED TO A PRIVATE
CONTRACTOR OPERATION (See label 8).
6.
DISCUSSION CONCERNING CAMILLUS HOUSE.
DISCUSSION
61-68
7/16/92
}
7.
(A) (Continued Discussion) REJECT
R 92-474 68-112
FINDINGS OF SELECTION COMMITTEE CHARGED
M 92-475
WITH RESPONSIBILITY TO SELECT MOST
M 92-476
QUALIFIED FIRM TO PROVIDE DESIGN,
7/16/92
CONSTRUCTION, ACCEPTANCE TEST, FINANCE
AND OWNERSHIP / OPERATION OF A SOLID
WASTE PROCESSING FACILITY.
(B) DIRECT MANAGER TO PREPARE NEW
REQUEST FOR PROPOSALS (RFP) FOR
PROFESSIONAL SERVICES -- ESTABLISH
CRITERIA TO BE INCLUDED IN NEW RFP (See
label 4).
8.
DEFER (TO FIRST MEETING IN SEPTEMBER)
FURTHER CONSIDERATION OF REPORT
ASSESSING COSTS / BENEFITS ASSOCIATED
WITH A CITY -OPERATED 100% CURBSIDE
RECYCLING PROGRAM AS COMPARED TO A
PRIVATE CONTRACTOR OPERATION (See label
5).
9.
(A) COMMISSIONER PLUMMER OBJECTS TO
DISCUSSION 112-118
PROPOSED CLAIM SETTLEMENT: JOAN LINDA
7/16/92
TYREE, AS PERSONAL REPRESENTATIVE OF
TODD OLIVER ESTATE ($96,500) -- NO
ACTION TAKEN.
(B) BRIEF COMMENTS BY COMMISSIONER
PLUMMER CONCERNING SHENANDOAH PARK
CASE.
10.
DISCUSS AND TEMPORARILY TABLE
M 92-477 118-129
CONSIDERATION OF PROPOSED RESOLUTION TO
7/16/92
AUTHORIZE MANAGER TO EXECUTE AN
AGREEMENT WITH LEISURE MANAGEMENT
MIAMI, INC. (LMM) TO OPERATE / MANAGE
THE JAMES L. KNIGHT CONVENTION CENTER
AT INITIAL ANNUAL COST OF $120,000
(October 1, 1992 - September 30, 1997)
(See label 28).
11.
AUTHORIZE EXECUTION OF CONTRACT WITH 3W
R 92-478 130-131
CORPORATION, INC. -- FOR EXTERIOR
7/16/92
WATERPROOFING AT NORTH DISTRICT POLICE
SUBSTATION -- RATIFY MANAGER'S WRITTEN
FINDING THAT WORK RESULTED FROM
EMERGENCY CIRCUMSTANCES ($19,550 from
Miami Police Department Building
Renovations and Expansion, CIP 312015).
12.
(A) APPROVE CHIEF PROCUREMENT OFFICER'S
R 92-479 132-163
DECISION TO REJECT PROTEST OF
R 92-480
CEDARVILLE MANUFACTURING, INC., IN
7/16/92
CONNECTION WITH BID NO. 92-92-063 TO
PROVIDE RUBBISH PICKUP CRANES.
(B) ACCEPT BID: MAS GROUP, INC.,
(d/b/a NEFF MACHINERY) -- FOR PURCHASE
OF SIX RUBBISH PICK-UP CRANES
(Department of General Services
Administration and Solid Waste / Fleet
Management Division).
13.
DISCUSS AND WITHDRAW CONSIDERATION OF
DISCUSSION 163-165
PROPOSED RESOLUTION TO DIRECT CITY
7/16/92
ATTORNEY TO PREPARE A CITY CHARTER
AMENDMENT TO CHANGE STATUS OF
DEPARTMENT OF OFF-STREET PARKING (DOSP)
FORM A SEMI -AUTONOMOUS AGENCY TO A CITY
DEPARTMENT.
14.
APPROVE PROPOSED CHARTER AMENDMENT NO.
R 92-481 165-173
1, TO INCREASE OFF-STREET PARKING BOARD
7/16/92
(DOSP) TO SEVEN, WITH ONE MEMBER BEING
A CITY COMMISSIONER, AS CHAIRMAN,
CHOSEN ON ANNUAL BASIS -- CITY ATTORNEY
TO ACT AS COUNSEL FOR DOSP -- CALL
SPECIAL MUNICIPAL ELECTION FOR NOVEMBER
3, 1992.
15.
ACCEPT DONATION OF A MULTI -ACTIVITY
R 92-482 173-175
MODULAR PLAY STRUCTURE FROM KIWANIS
7/16/92
CLUB OF LITTLE HAVANA, INC., TO BE
INSTALLED IN CURTIS PARK (ESTIMATED
VALUE: $50,000).
16.
DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION 175-176
PROPOSED RESOLUTION TO AMEND R-90-522,
7/16/92
WHICH FUNDED OPERATING EXPENSES FOR TWO
AIR RESCUE HELICOPTERS, BY INCREASING
APPROVED NUMBER OF FUTURE OPERATING
HOURS AND OPERATING EXPENSES.
17.
(A) ACCEPT BID: D.E. GIDI AND
R 92-483 176-182
ASSOCIATES, CORP. -- FOR CLAUGHTON
7/16/92
ISLAND BRIDGE - DECK REPAIR B-2942 (CIP
341175).
(B) BRIEF DISCUSSION CONCERNING
ADVISABILITY OF ALLOWING INDIVIDUALS
TO FISH OFF THE CLAUGHTON ISLAND
BRIDGE.
0 0
18. (A)AUTHORIZE MANAGER TO EXECUTE R 92-484
AMENDMENT TO AGREEMENT WITH URBAN 7/16/92
ARCHITECTS, INC., TO INCREASE ALLOWANCE
BY $150,000 TO COVER ADDITIONAL DESIGN
SERVICES, SPECIAL CONSULTANT'S
REIMBURSABLE EXPENSES AND OTHER PROJECT
COSTS FOR ORANGE BOWL MODERNIZATION
PROJECT NO. 404238.
(B) COMMISSIONER PLUMMER EXPRESSES
CONCERN OVER THE LARGE NUMBER OF CITY
CONTRACTS WITH COST OVERRUNS.
19. BRIEFLY DISCUSS AND DEFER (TO NEXT DISCUSSION
MEETING) CONSIDERATION OF PROPOSED 7/16/92
RESOLUTION APPOINTING INDIVIDUALS TO
SERVE AS REGULAR / ALTERNATE MEMBERS OF
CODE ENFORCEMENT BOARD.
20. CONFIRM REAPPOINTMENTS TO BOARD OF R 92-485
DIRECTORS OF DOWNTOWN DEVELOPMENT 7/16/92
AUTHORITY (DDA). (Reappointed were:
Tony Alonso, Martin Fine, Anthony
Jackson, Luli Landis, Tom Post, Miriam
Lopez and Evonne Raglin.)
21. (A) AUTHORIZE ADMINISTRATION TO ISSUE M 92-486
REQUEST FOR PROPOSALS (RFP) FOR 7/16/92
-- MANAGEMENT, OPERATION AND MAINTENANCE
OF COCONUT GROVE CONVENTION CENTER
PARKING LOTS.
(B) DIRECT MANAGER TO ENFORCE TICKETING
OF VEHICLES PARKED IN RESTRICTED
DOWNTOWN PARKING AREAS.
22. DISCUSSION CONCERNING METHODS TO DISCUSSION
GUARANTEE REMOVAL OF POLITICAL SIGNS 7/16/92
RESTRICTIONS.
23. REPORT ON MEETING WITH MIAMI DISCUSSION
MOTORSPORTS, INC. REGARDING POSSIBLE 7/16/92
EXTENSION OF CONTRACT, CLARIFICATION OF
CONTRACTUAL OBLIGATIONS, ETC.
24. (A) BRIEF DISCUSSION CONCERNING KEEP DISCUSSION
DADE BEAUTIFUL AUDIT. 7/16/92
(B) BRIEF DISCUSSION CONCERNING TOOLS
FOR CHANGE ACCOMPLISHMENTS.
182-189
190
191-192
193-197
197-203
203-219
219
Z
25.
DISCUSSION CONCERNING R-92-366 (WHICH
R 92-487
RESCINDED AUTHORIZATION TO DONATE
7/16/92
SURPLUS STOCK TO HAITI) -- DIRECT
ADMINISTRATION TO ADVISE ON
AVAILABILITY OF CATEGORY "A" SURPLUS
STOCK, SHOULD GOODS EMBARGO BE
LIFTED -- DONATE SURPLUS STOCK TO
DOMINICAN REPUBLIC.
26.
ISSUE REQUEST FOR PROPOSALS (RFP) FOR
R 92-488
UNIFIED DEVELOPMENT PROJECT (UDP)
7/16/92
CONSISTING OF DEVELOPMENT OF A FULL -
SERVICE BOAT YARD FACILITY, MARINA, AND
OPTIONAL ANCILLARY MARINE -RELATED
RETAIL USE ON CITY -OWNED WATERFRONT
PARCEL AT 2640 SOUTH BAYSHORE DRIVE --
SELECT CERTIFIED PUBLIC ACCOUNTING
FIRM -- ESTABLISH REVIEW COMMITTEE AND
APPOINT MEMBERS.
27.
WAIVE CITY CODE PROHIBITION (SECTION 2-
R 92-489
302) TO PERMIT ARLINGTON L. AND LILLIE
7/16/92
L. DEAN (PARENTS OF CITY LAW DEPARTMENT
EMPLOYEE) TO PARTICIPATE IN CITY'S CDBG
ASSISTED SINGLE FAMILY REHABILITATION
LOAN PROGRAM.
28.
(Continued Discussion) EXECUTE
R 92-490
AGREEMENT WITH LEISURE MANAGEMENT
7/16/92
MIAMI, INC. (LMM) TO OPERATE / MANAGE
CITY OF MIAMI JAMES L. KNIGHT
CONVENTION CENTER AT INITIAL ANNUAL
COST OF $120,000 (October 1, 1992 -
September 30, 1997) (See label 10).
29.
(A) DENY PROPOSED INCREASE ($25,000)
M 92-491
IN CONTRACT WITH URBAN CONSTRUCTORS,
M 92-492
INC. -- FOR CURTIS PARK REDEVELOPMENT -
7/16/92
FIELDWORK PROJECT (SECOND BIDDING) B-
2983-H (CIP 331353).
(B) DIRECT MANAGER NOT TO PAY URBAN
CONSTRUCTORS, INC. FOR WORK PERFORMED
IN CONNECTION WITH CURTIS PARK
REDEVELOPMENT - FIELDWORK PROJECT UNTIL
CITY HAS RECEIVED ASSURANCE THAT ALL
SUBCONTRACTORS HAVE BEEN PAID AND THAT
COMPLETED WORK IS SATISFACTORY. (See
label 38)
219-221
222-253
254
255
256-256
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30. (A) AUTHORIZE SUBMISSION OF AMENDMENT
R 92-493
-
TO APPROVED 18TH YEAR CDBG PROGRAM
R 92-494
FINAL STATEMENT TO U.S. DEPARTMENT OF
R 92-495
_
HOUSING AND URBAN DEVELOPMENT (HUD)
7/16/92
REFLECTING REALLOCATION OF FUNDS
ORIGINALLY APPROVED TO MIAMI-DADE
COMMUNITY COLLEGE -- ALLOCATE $1
MILLION FOR MIAMI-DADE COMMUNITY
COLLEGE.
(B)AUTHORIZE SUBMISSION OF AMENDMENT TO
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APPROVED 18TH YEAR CDBG PROGRAM FINAL
STATEMENT TO U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) REFLECTING
=�
REALLOCATION OF $300,000 FOR HOUSING.
-=
(C) AMEND R-92-461 (WHICH AUTHORIZED
ACCEPTANCE OF A HOME INVESTMENT
PARTNERSHIPS PROGRAM GRANT [HOME
PROGRAM] FROM U.S. HUD) -- APPROVE HOME
PROGRAM GUIDELINES --REALLOCATE FUNDS
_=
FOR: (a REHABILITATION OF MULTI -FAMILY
UNITS ( 1,000,000); (b) MODERATE MULTI-
FAMILY HOUSING REHABILITATION
-'
($816,900); (c) FIRST TIME HOMEBUYERS
FINANCING ASSISTANCE ($700,000); AND
(d) FINANCIAL ASSISTANCE TO COMMUNITY
HOUSING DEVELOPMENT ORGANIZATIONS
($797,100).
31. AUTHORIZE INCREASE IN CONTRACT WITH
R 92-496
=
SERVICE STATION AID, INC. ($28,000) --
7/16/92
FOR HEAVY EQUIPMENT FACILITY
ENVIRONMENTAL CONSULTING / CONSTRUCTION
e
SERVICES PROJECT B-5579 (CIP 311009) --
—_
RATIFY MANAGER'S FINDING OF EMERGENCY
CIRCUMSTANCES.
32. CONFIRM ASSESSMENT ROLL FOR
R 92-497
=
CONSTRUCTION OF MANOR HIGHWAY
7/16/92
-=
IMPROVEMENT - PHASE III (DISTRICT H-
4484).
33. CONFIRM ASSESSMENT ROLL FOR
R 92-498
CONSTRUCTION OF N.W. 36 STREET SANITARY
7/16/92
SEWER IMPROVEMENT (DISTRICT SR-5549-C).
34. AUTHORIZE INCREASE IN CONTRACT WITH R 92-499
W.R.T. INC. ($10,000) -- FOR 7/16/92
PROFESSIONAL DESIGN SERVICES FOR THE
SOUTHEAST OVERTOWN / PARK WEST 7TH AND
9TH STREET MALL PROJECT (CIP 341176) --
RATIFY MANAGER'S FINDING OF EMERGENCY
CIRCUMSTANCES.
267-295
296-299
300
301
302-303
35.
AUTHORIZE INCREASE IN CONTRACT WITH
R 92-500
304-305
P.N.M. CORP. ($62,000) -- FOR THE
7116192
SOUTHEAST OVERTOWN / PARK WEST 7TH AND
9TH STREET MALL PROJECT B-4545 (CIP
341176) -- RATIFY MANAGER'S FINDING OF
EMERGENCY CIRCUMSTANCES.
36.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION
305-306
CONSIDERATION OF PROPOSED RESOLUTION
7/16/92
FOR CLOSURE OF DESIGNATED STREETS
RELATED TO THE GRAND OPENING CEREMONY
FOR THE SOUTHEAST OVERTOWN / PARK WEST
MALLS (See labels 41 & 54).
37.
DISCUSS AND DEFER (FOR FURTHER
M 92-501
307-320
INFORMATION) REQUEST BY BILLY HARDEMON,
7/16/92
OF HARDEMON'S MARKET, FOR BUSINESS
FUNDING.
38.
(Continued Discussion) RECONSIDER PRIOR
M 92-502
320-337
VOTE (M-92-492) WHICH INSTRUCTED
7/16/92
MANAGER TO WITHHOLD PAYMENT TO URBAN
CONSTRUCTORS, INC. FOR WORK PERFORMED
AT CURTIS PARK PENDING FURTHER
INFORMATION -- ALLOW ADMINISTRATION TO
CONTINUE NEGOTIATIONS -- DELEGATE TO
MANAGER ULTIMATE DETERMINATION FOR
PAYMENT OR NONPAYMENT TO URBAN
CONSTRUCTORS, INC. (See label 29).
39.
GRANT REQUEST BY CARIBBEAN AMERICAN
R 92-503
337-347
CARNIVAL FOR CLOSURE OF DESIGNATED
7/16/92
STREETS, SUBJECT TO CONDITIONS, IN
CONNECTION WITH ITS CARNIVAL.
40.
DISCUSSION CONCERNING REQUEST BY
DISCUSSION
347-350
FITNESS FANTASIA FOR CITY COSPONSORSHIP
7/16/92
OF A THREE-DAY EDUCATIONAL CONFERENCE.
41.
(Continued Discussion) AUTHORIZE
R 92-504
351-352
CLOSURE OF DESIGNATED STREETS IN
7/16/92
CONNECTION WITH THE GRAND OPENING
CEREMONY FOR THE SOUTHEAST OVERTOWN /
PARK WEST MALLS (See labels 36 & 54).
42.
DISCUSSION CONCERNING BIDS RECEIVED IN
DISCUSSION
352-355
CONNECTION WITH INSTALLATION OF NEW PA
7/16/92
SOUND SYSTEM IN CITY CHAMBERS.
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43. ALLOCATE $15,000 FROM CDBG FUNDS TO R 92-505
HAITIAN AMERICAN FOUNDATION, INC. ON A 7/16/92
LOAN BASIS -- DIRECT FOUNDATION TO MAKE
PRESENTATION AT FIRST COMMISSION
MEETING IN SEPTEMBER.
44. AMEND R-92-243 WHICH PLEDGED $5,000 IN R 92-506
SUPPORT OF THE MARJORY STONEMAN DOUGLAS 7/16/92
INVITATIONAL ART EXHIBITION TO BE
CONDUCTED BY THE CENTER FOR VISUAL
COMMUNICATIONS, INC. -- DIRECT MANAGER
TO ALLOCATE $5,000 AND TO WAIVE PRIOR
CONDITIONS THAT THE CITY'S PLEDGE BE
MATCHED BY CITY OF CORAL GABLES,
METROPOLITAN DADE COUNTY AND DADE
COUNTY SCHOOL BOARD.
45. DISCUSS AND REFER TO MANAGER PROPOSAL M 92-507
BY MICCOSUKEE TRIBE OF INDIANS OF 7/16/92
FLORIDA FOR REDEVELOPMENT OF LUMMUS
PARK -- INSTRUCT MANAGER TO COME BACK
WITH RECOMMENDATION AT FIRST MEETING IN
SEPTEMBER.
46. EXECUTE AMENDMENT TO PROMISSORY NOTE -- R 92-508
INCREASE SAID NOTE WITH THE PRINCIPALS 7/16/92
OF Z-MART DISCOUNT DEPARTMENT STORE,
INC. ($200,000).
47. AUTHORIZE MANAGER TO EXECUTE AMENDMENT R 92-509
TO AGREEMENT, PROMISSORY NOTE AND 7/16/92
MORTGAGE AGREEMENT WITH PEOPLE'S DRUG
STORE, INC. -- PROVIDE ADDITIONAL LOAN
FUNDS TO COVER FINAL CONSTRUCTION
COSTS -- ALLOCATE $35,000 FROM CDBG
FUNDS.
48. ACCEPT BID: G-T SPORTS ENTERPRISES,
R 92-510
INC. -- FOR CURTIS PARK REDEVELOPMENT
7/16/92
BLEACHERS PROJECT (PHASE II) B-2983-I
(CIP 331353).
49. ACCEPT BID: D.E. GIDI AND ASSOCIATES
R 92-511
CORP. -- FOR CURTIS PARK
7/16/92
REDEVELOPMENT - RESTROOM BUILDING NO. 2
B-2983-J (CIP 331353).
50. ACCEPT INCREASE ($611,494) TO GRANT
R 92-512
FROM SOUTH FLORIDA EMPLOYMENT AND
7/16/92
TRAINING CONSORTIUM (SFETC) TO OPERATE
1992 SUMMER YOUTH EMPLOYMENT AND
TRAINING PROGRAM.
355-360
360-361
361-373
373-377
378-380
380-384
385-387
388-389
51. EMERGENCY ORDINANCE: AMEND 10961 -- ORDINANCE
INCREASE APPROPRIATION TO SPECIAL 10994
REVENUE FUND: SUMMER YOUTH EMPLOYMENT 7/16/92
AND TRAINING PROGRAM (FY 192) JTPA II-B
(FROM U.S. DEPARTMENT OF LABOR THROUGH
SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM).
y 52. ALLOCATE FUNDS FROM ANTICIPATED R 92-513
INTEREST TO BE EARNED ON TAX 7/16/92
ANTICIPATION NOTES TO: (a) CHRISTIAN
COMMUNITY SERVICES AGENCY, INC. / NEW
LIFE FAMILY SHELTER -- FOR OPERATION OF
SHELTER FOR HOMELESS FAMILIES, AND (b)
LITTLE HAVANA ACTIVITIES AND NUTRITION
CENTER OF DADE COUNTY, INC. -- TO
PROVIDE MEDICAL SERVICES FOR ELDERLY
PERSONS.
53. REALLOCATE $200,000 IN 14TH YEAR CDBG R 92-514
PROGRAM FUNDS FROM PROJECT: CITYWIDE 7/16/92
SINGLE FAMILY REHABILITATION HOUSING
PROJECT -- TO PROVIDE GRANT TO THE
ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY, INC., TO DEFRAY COST OF OFF -
SITE IMPROVEMENTS AND SITE DEMOLITION /
CLEARANCE ACTIVITIES IN CONNECTION WITH
DEVELOPMENT OF A 52-UNIT AFFORDABLE
TOWNHOME PROJECT ON CITY -OWNED FERN
ISLE NURSERY SITE -- AUTHORIZE
SUBMITTAL OF AMENDMENT TO APPROVED CDBG
GRANT PROGRAM FINAL STATEMENT.
54. BRIEF COMMENTS ON PRIOR ADOPTION OF DISCUSSION
RESOLUTION CONCERNING GRAND OPENING 7/16/92
CEREMONY FOR THE SOUTHEAST OVERTOWN /
PARK WEST MALLS (See labels 36 & 41).
55. AMEND R-92-452, WHICH APPROVED SPECIAL R 92-515
PROGRAMS AND EVENTS TO BE PRODUCED AND 7/16/92
CABLECAST ON CITY'S MUNICIPAL ACCESS
CABLE CHANNEL (MIAMI NET 9) DURING
AUGUST AND SEPTEMBER -- INCLUDE IN
PROGRAMMING TWENTY -MINUTE SEGMENTS
CONCERNING INTERNATIONAL TRADE AND
BUSINESS IN THE CITY, SPONSORED BY THE
INTERNATIONAL TRADE BOARD.
389-390
391
392-397
398-399
399-400
56.
ACCEPT GRANT ($9,000) FROM METROPOLITAN
R 92-516 400-401
DADE COUNTY, TOURIST DEVELOPMENT ROOM
7/16/92
TAX PLAN (CATEGORY 2) -- TO BE USED BY
DEPARTMENT OF PARKS AND RECREATION TO
HOST 11TH ANNUAL CITY OF MIAMI YOUTH
BASEBALL WORLD SERIES TO BE HELD AT
BOBBY MADURO STADIUM.
57.
(A) APPROVE PROPOSED MILLAGE RATE FOR
R 92-517 401-409
THE CITY OF MIAMI FOR FISCAL YEAR 1992-
M 92-518
93 -- DISCUSS DEBT SERVICE (See label
7/16/92
60).
(B) SCHEDULE PUBLIC HEARINGS IN
CONNECTION WITH CITY'S FISCAL YEAR
1992-93 BUDGET: SEPTEMBER 10 & 24,
1992.
58.
AUTHORIZE DOWNTOWN DEVELOPMENT
R 92-519 409-411
AUTHORITY (DDA) TO ESTABLISH PROPOSED
7/16/92
MILLAGE RATE OF .5 MILLS FOR DOWNTOWN
DEVELOPMENT DISTRICT FOR FISCAL YEAR
1992-93.
59.
ACCEPT GRANT ($64,402.80) FROM U.S.
R 92-520 412-413
DEPARTMENT OF INTERIOR, NATIONAL PARK
7/16/92
SERVICE, THROUGH FLORIDA DEPARTMENT OF
NATURAL RESOURCES, UNDER LAND AND WATER
CONSERVATION FUND PROGRAM -- FOR
IMPROVEMENTS TO ALLAPATTAH - COMSTOCK
PARK (2800 N.W. 17 AVENUE).
60.
(Continued Discussion) APPROVE PROPOSED
M 92-521 413-417
DEBT SERVICE RATE FOR CITY OF MIAMI FOR
7/16/92
FISCAL YEAR 1992-93 (See label 57).
61.
(A) DISCUSSION CONCERNING PROPOSED
DISCUSSION 417-421
EMERGENCY ORDINANCE, AMENDING 10021,
7/16/92
WHICH ESTABLISHED INITIAL RESOURCES /
APPROPRIATIONS FOR THE LAW ENFORCEMENT
TRUST FUND TO PROVIDE FOR INCREASE DUE
TO SUCCESSFUL FORFEITURE ACTIONS -- NO
ACTION TAKEN.
(B) BRIEF DISCUSSION CONCERNING
ATTEMPT TO ADJOURN MEETING.
62.
CONTINUE ALL PLANNING AND ZONING ITEMS
M 92-522 421-423
NOT TAKEN UP (PZ-1 THROUGH PZ-13) TO
7/16/92
SECOND MEETING IN SEPTEMBER.
Ell
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 16th 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 9:06 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
ABSENT: Commissioner Victor De Yurre
An invocation was delivered by Mayor Suarez and then Vice Mayor Alonso
led those present in a pledge of allegiance to the flag.
1. PRESENTATION BY REPRESENTATIVES OF U.S. COAST GUARD TO CITY OF MIAMI FOR
ASSISTANCE DURING HAITIAN RESCUE OPERATIONS.
Mayor Suarez: Commander... or do I have the correct title? I believe you
want to... See we didn't have any ceremonial items today, so we are a little
bit askew, but if you would use that mike, and tell us of your presence here,
so that we may do the appropriate honors to you and your delegation, sir.
Admiral William P. Leahy: Yes, sir. Good morning, Mr. Mayor, members of the
City of Miami here, and ladies and gentlemen. My name is Admiral Bill Leahy,
and the Commander of the 7th Coast Guard District. I am brand new here in
your area. I just relieved Bob Cramick three weeks ago. As a result of a
coup in Haiti, several months ago, many many Haitians departed that country,
and the Coast Guard had the responsibility to pick these people up for safety
reason at sea. The INS, the Immigration and Naturalization Services, did not
have enough interpreters to provide the Coast Guard with same. My predecessor
talked to the City .Commissioner, City Manager... Manager, right, and he
gladly asked for volunteers, and we got 13 volunteers from both your Police
Department and your Fire Department to come onboard our ship to help us rescue
1 July 16, 1992
WA
these people out of the water. I can't tell you how important it was because -_
we were not able to communicate with the many people that were in these very
very small boats. They are very very unsafe, unseaworthy. I think the people
that are out there can verify this. It is hard for you to visualize it,
probably, but it was extremely important that we were able to communicate with
-
these people, to get them off their boat safely, and on to the Coast Guard =
-
vessels. I am here today to show our appreciation to the City and to these =-
=,
people. And if I may just read one citation, sir, there are 13 of them. 1
_l
o
will read one, "Department of Transportation, United States Coast Guard,
Public Service Commendation and Recognition of notable services which have
-
assisted greatly in furthering the aims and functions of the United States
Coast Guard." And there is one certificate for each individual, and I will -_
_
read it. It says, "The Coast Guard Public Service Commendation 1s presented
to," a certain individual, "a City of Miami police officer, or fire department
officer, for augmenting the Coast Guard Task Force in the Windward passage in
assisting the Haitian migrant rescue operations. In September of 1991 the
government of Haiti underwent a political coup d'etat in which the President =
was ousted. This prompted an unprecedented outpouring of Haitian migrants
taking to the sea in overcrowded unseaworthy vessels. Since October 25, 1991
�!
the individual has served as an interpreter aboard various Coast Guard
cutters. His ability to communicate with the migrants facilitated the rescue -
-�
of these individuals by the cutters, and reduced the danger inherent in this
-�
operation by instructing the migrants how to maintain stability on their
vessels during the transfer. His language skills were also considerably
e
helpful aboard the cutters after the interdiction was effected. He provided
increased understanding of the migrants needs to the cutter's crew, as well as
the expectations that the cutter's crew had of the migrants. The services
provided by the individuals helped protect the lives of hundreds of Haitians —
during the largest single rescue operation by the Coast Guard since World War
Mayor Suarez: Thank you, Admiral. I think you marked the first time we have
had an Admiral here at City Hall, so it is quite an honor for us...
Commissioner Plummer: No, no. We got Stuart Sorg.
Mayor Suarez: We got a quasi -admiral, Stuart Sorg, an impostor, you might
say. If all of the recipients... If you would call out their names, and if
they would all come up front and be kind enough to have a picture taken with
us. I know a few and we are pleased and proud to have them. If you want to
read out the names, that would be great so we can have them on the record.
Admiral Leahy: I hope nobody is going to get me for my pronunciation here.
Mayor Suarez: That is OK. We will...
Admiral Leahy: Jean Dorce, Randy Leroy, Marc Elias, Gary Eugene, Leslie
Dallemand, Frank Gilles, Gamaliel Souffrant, Bernard Eugene, Franzia Cherelus,
- Ernest Arney, Ray Carvil, Ron Khawly, Yves Phanor. And I am sure I butchered
some of those names, and I really apologize for doing that.
Mr. Cesar Odio (City Manager): Mr. Mayor, some of these people were taken
from their homes with almost no warning, and they went down there and spent
weeks down on those ships, and they are not sailors. You can... So they did
2 July 16, 1992
something incredible, I think. The first call was Thanksgiving Day, it is
just...
Mayor Suarez: Admiral, in any city and in any system where we got to
determine what would go on the front page of the newspaper the next day, this
picture would go on the front page of the newspaper.
Commissioner Plummer: You hope.
Vice Mayor Alonso: Oh, boy.
Mayor Suarez: Unfortunately, it doesn't work out quite that way, and I think
we are going to hear a few more comments about the local English newspaper
from my left here, but, really, it is quite an honor and a great source of
pride for us that these fine officers and firefighters offered themselves, and
took the time to help the Haitians in their time of need. Once again,
Admiral, good to have you, officers, firefighters.
(APPLAUSE)
Mayor Suarez: Other than that, we have a minimal agenda. Just a couple of
items, real quick, and then we can go home.
Vice Mayor Alonso: Yes, Mr. Mayor.
Mayor Suarez: If, let's see... Part "A." List three items which the
Commissioners specially scheduled to be heard at the beginning of this
meeting, which is... What are those 3 items, Mr. Manager?
Vice Mayor Alonso: Mr. Mayor,...
Mr. Odio: The first one you said the...
2. (A) VICE MAYOR ALONSO PROTESTS ABOUT TODAY'S "MIAMI HERALD" EDITORIAL.
(8) COMMISSIONER PLUMMER STATES THAT REPORT ON BAYFRONT PARK MANAGEMENT
TRUST IN TODAY'S "MIAMI TODAY" IS INCORRECT.
- Vice Mayor Alonso: ...let me make some reference about the... now that you
mentioned the local newspaper. I wish we had more than one, and one that
could eventually replace the one we have, since this one is highly
irresponsible. I resent the Miami Herald's comments in the editorial today.
They have singled me out in making statements. It seems because I am a Cuban -
American, I am not of the liking of the Miami Herald. They took upon
77-1 themselves to say that I have made comments that this was an attack on the
Hispanic Community. I did not, even though I felt in my heart that, indeed,
it could be. I did not use remarks like that. I tried to be a person that
united in the problem of Coconut Grove, rather than being divisive, and I
resent, very deeply, the Miami Herald making statements like this. Also, I
want to put on the record, that no other elected official has done more than
me to try to open the government to the people, to bring the information, to
3 July 16, 1992
make it available to the general public. I resent the Miami Herald saying
that the City of Miami is trying to hide information from the people of
Coconut Grove. I think this editorial, this morning, about Coconut Grove is
irresponsible, uncalled for, and that is why when we look at the numbers, why
people are not buying the Miami Herald, as much as they did some years ago.
And the numbers are going down while other newspapers are increasing their
circulation, is due to the fact that the people cannot trust a newspaper that
is so irresponsible, that when one wakes up in the morning have to read
garbage like this. This is a very strong message. I already called them in
the morning, and I do hope that they publish my response to this editorial.
If they don't, I have every intention of purchasing a page, in the newspaper,
and having my point of view. Apparently, they only write about those
politicians that they like. They have enough to publish about certain people,
but they decide not to do it, because they protect few, and they attack those
that they don't like. I want the Miami Herald to know that I am for open
government, that the City of Miami is not trying to hide anything, and I, for
one, have always had the policy, for 15 years, prior to being a Commissioner,
to demand from government to be open and close to the people. And since I
came to this Commission I have made every effort to maintain that, and I
resent that they used my name in this editorial, that is divisive in this
community, and something that we don't need, and I hope that in this flip flop
position about Coconut Grove, because we have seen three already. In the next
one that they write they correct. This is the responsibility. And, Mr.
Tanfani, I do hope you send to all of them the message of what I said. I
already spoke to David Lawrence this morning, and I put a call to Jim Hampton,
and I do hope that all of them return my calls, and publish what I have to
say. Thank you, Mr. Mayor.
Mayor Suarez: The famous...
Commissioner Plummer: Mr. Mayor, if I may I would just like to correct, also,
in a newspaper article. Miami Today usually reports pretty good, but in
reference to the Chairmanship of Bayfront Park Trust, it is quoted in here,
"Mr. Plummer claimed the idea came from Mayor Xavier Suarez," is an incorrect
statement. I never made such a statement. I think it was you who...
NOTE FOR THE RECORD: Commissioner De Yurre entered
e meeting a a.m.
Mayor Suarez: I didn't read that. I didn't know you were blaming that on me.
Commissioner Plummer: Yeah. I think it was you who was amazed, as other
members of this Commission, that a Commissioner sits there without a vote, and
was...
Mayor Suarez: That was unusual.
Commissioner Plummer: ...not running the meeting or Chairman, and for that
reason this Commission voted unanimously to make an ordinance that says that
this Board would comply with all others, but I never claimed that it was your
idea, not mine.
4 July 16, 1992
0
Mayor Suarez: Very good.
Commissioner Plummer: Just to clear up the record.
Mayor Suarez: As the Vice Mayor said, I hope by the time they are finished,
as in the book "A Man For All Seasons," by the time they are finished turning
on this issue of secession, they will be facing in the right direction because
they certainly do a lot of twists and turns.
Vice Mayor Alonso: Mr. Mayor, let me say that the person that made the
remark, here in front of us, and when we visited the Miami Herald, that this
was an aggression against the Hispanic Community. It was a person that
happens not to be Hispanic, Dr. Marvin Dunn, he happens to be black, and he
said he felt it was an attack on the Hispanic Community and fear of the Cuban
takeover. And he said he felt it was an aggression to the Black Community and
to the Hispanic Community. I didn't say that. The City Manager was at that
meeting with me in the Miami Herald. He attended the meeting with me, and the
only person that made remarks in the line, it was Dr. Marvin Dunn, and he said
that in a very responsible way, and he said it was the implication that is
going to come because of the numbers. None of us ever made a remark like
that, but I think enough is enough on the Herald.
Mayor Suarez: By the way, I think that this... my losing... Just to correct
the record. Madam City Clerk and Madam Vice Mayor, I think what Dr. Dunn said
was that there could be a perception...
Vice Mayor Alonso: Of course.
Mayor Suarez: ...of that anti -Hispanic bias. In any event, you have
certainly clarified that it was not even a Hispanic person that made that
statement.
Vice Mayor Alonso: And he said that because the City of Miami is sixty-three
percent (63%) Hispanic, twenty-seven percent (27%) Black and ten percent (10%)
Anglo. In Coconut Grove it is fifty-two percent (52%) Anglo, twenty-seven
percent (27%) or twenty-eight percent (28%) Black and only about eighteen
percent (18%) Hispanic, and he said that it was a very divisive issue, one
that we don't need in this community, and then the Herald has to come with
something like this.
5 July 16, 1992
--------------------------------------------------------- ------------ I ----------
3. DISCUSSION CONCERNING POLICE DEPARTMENT PRACTICES AND, MORE
SPECIFICALLY, POLICE DEPLOYMENT.
------------------------------------------------------------------------------
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE
STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY
STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION
INTO ENGLISH OR SPANISH, AS THE CASE MAY BE.
SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL
LETTERS. TRANSLATIONS WERE MADE BY MAYOR XAVIER
SUAREZ].
Mayor Suarez: OK. In specially scheduled items we have got police deployment
continuation. One brief point of interest... Is Chief Ross here?
Vice Mayor Alonso: Yes, he is.
Commissioner Plummer: He is here. I saw him.
Vice Mayor Alonso: He is I saw him, too.
Mayor Suarez: And, Mr. Manager, I just happened to check on, because of the
motion that was made I believe by myself and seconded by Commissioner Plummer,
or visa versa, I checked on PIO, (public information office) and, Chief, I was
not aware of this, and I certainly don't want to surprise anybody, and I am
sure I am not surprising you, there is no PIO office. We have an office of
Media... Media, not community relations. That is a whole different thing.
We have an office of media relations.
Commissioner Plummer: Right.
Vice Mayor Alonso: Yes.
Mayor Suarez: Now,...
Commissioner Plummer: That is PIO.
Mayor Suarez: Right, and it is media relations.
Commissioner Plummer: Right.
Mayor Suarez: Now, the idea that they need to spend a lot of time responding
to public inquiries is somehow deflected and covered over by the new title,
which, apparently, is really what is going on. In fact, I got a call from
Charlie Brooks, Channel 6, that he and his station called as many as 40 times
a day, and your department, or your unit of Media Relations, and I stress
media because if we are going to have an office of media relations, I think
the media ought to pay for it. It has to respond to their inquiries, and he
is a fine person, and we deal with him a lot, and we try to give him the best
information that we can give him, but, frankly, David Magnason, David Rivera,
and I don't know who else is over there, but fine, fine, fine officers, and I
want to stress that. Any criticism that I may direct at the establishment of
July 16, 1992
that office, with the kinds of duties that they perform, is not in any way
related to those fine individuals. In fact, they are so good that I wish that
they were out doing some crime busting and crime fighting, Chief. it is
interesting, though, that Charlie Brooks, the poor guy. He didn't know that I
was going to be quoting him, I am sure, today, called right away and said we
call 30, 40 times a day. That reflects, 1n my opinion, my humble opinion as
one member of this community, it reflects a strange view of life by the media,
that they would need to call our department 40 times a day per TV station, to
find out who is the latest person that got run over by a car, who was the
latest person who got arrested, who was the latest person that got shot at.
If it was... If the matter had to do with pornography, we would call that a
prurient interest, because it really is what it is. With all due respect for
those folks, if they would cover ceremonies like the one we just had, and what
those fine officers and fire fighters did, if they would cover what your
officers do on a daily basis, if they would go and ride with you, in with the
other officers, cover that kind of police work, that is what they should be
covering, frankly. The idea that they would call 30 and 40 times a day to
find out who has been shot at, and where they can get a picture of somebody
being arrested or being... Hostage situations, the whole bit. They are
basically an obstruction. They are not really carrying out their function of
informing the public of what really happens in the community. Because they
are only informing the public... They are trying to inform the public only of
the bad and negative things that happen, and that is really an unfortunate
thing, which is their problem. However, why do we spend the kind of money
that we spend to make that easier for them? Why don't they pay for our media
relations officers...
Commissioner Plummer: Mr. Mayor, we took care of that when I was chosen, by
this Commission, to meet with the media on their concern about the fact that
they were not able to access our police and fire channels. We left one
channel, which is called a conventional channel, which they can monitor. They
gave us the list of 12 items of which they would be interested in knowing
about, and that we would broadcast on the conventional channel, those matters
relating to those 12 subjects so that they could monitor without having to
call the Police Department. It was agreed upon by all media representatives
that that was the greatest thing that could happen...
Mayor Suarez: I remember that. I wasn't too excited about it...
Commissioner Plummer: And.
Mayor Suarez: ...but I deferred to your judgement.
Commissioner Plummer: Let me tell you, if that is the case, then we are
dropping the ball by not broadcasting on that conventional channel like we
agreed to do, but for them to call 30 or 40 times a day is ludicrous. Mr.
Mayor, let me justify my vote there by saying, and I have said before and I
will say again, I was not upset with media relations except for the fact that
they had sworn police officers in there, when it could be done very very
easily by civilians. Many other fine departments use civilians to do the
media relations, and I think that is what we should be doing, and because that
was not being able to be done in the last two budget years, I voted with you
to take it out so it would not be with sworn officers. I still don't believe
that sworn officers should be doing media relations. We hired them to enforce
the law, and that is what I expect them to do, not being media relations.
7 July 16, 1992
Mayor Suarez: One last point. The implication of some of the things you hear
from the media. This is really troubling, Chief and Mr. Manager, is that if
we don't have a media relations unit, the coverage will be more negative. It
Is not the first time that I hear it. I have heard it like three or four
times from print and electronic media. Not from you guys, not from IOD. I
have been told, if you don't have this unit, and you don't make all this
information available you are going to get much worse coverage. You are going
to get much more negative...
Vice Mayor Alonso: Is that a threat?
Mayor Suarez: It sounds to me very much like a threat, and I know they mean
It well, but, you know, I am, personally, tired of that implication. They
should cover what happens in the City of Miami as fairly as they possibly can.
We are incredibly available, as you just stated. We have even... I thought
the 800 mega hertz system was to prevent them from actually have access to any
of our communications, and then I find out we were going to try to figure out
a way to let the media have special access. I have no idea why they should
have any more access than any other member of the public,...
Commissioner Plummer: They brought the 12 items they were concerned about.
® Mayor Suarez: ...and I opposed that at the time, but I deferred to my
colleague. By the way, at least in the case of Charlie Brooks, he said that
that system was not working for them. I don't know exactly why. He said it
was never fully implemented, is what he claimed, but the implication that if
we don't spend the taxpayers resources, the money we might use for Z-Mart, for
example, if we didn't spend that to have this component that somehow we would
get worse coverage, and that they would be more critical, that is
preposterous. I don't accept that. I don't buy it. I resent it, and, you
know, I am going to fight it, Chief. I know that the office does a lot of
other things. I gather they do take calls from the general public too, right,
as to what is going on, and public information of that sort?
Chief Calvin Ross: That is correct.
Mayor Suarez: Do have that breakdown? 1 meant to bring it down with me...
Vice Mayor Alonso: Mr. Mayor, even though I voted against the motion, I feel
_ that, in fact, it is necessary for a city to have some sort of coordination,
and what information is given to the press. Sometimes, and we have seen
incidents in the past, that certain individuals have given the wrong
information to the press, even though sometimes the press makes every effort
to get the wrong information, and that is exactly what they will publish. But
I think as a matter of policy the City should have specific individuals that
they can go to and will receive the degree of information, especially coming
from the Police Department in sensitive matters, I think it will be important.
So maybe the Chief can work this out within the resources he has in his
department, and comply with that. I felt that in the past we haven't done
that well, but there is always room for improvement. But, also, I feel not
having people available to respond, in certain cases, or maybe if we assign
that it has to come from the City Manager's office, or from the Chief's
office, whatever we decide, but we must have some type of policy in that
8 July 16, 1992
respect in order to avoid complications in the future. I also have heard that
in certain matters they really need to request the records, and the only way
they can do it is through this channel, and it is something that perhaps the
Chief can clarify for us. I certainly would like to hear on this point.
Mayor Suarez: And by the way, Chief, when you call the general number and ask
for public information there is general confusion created. Possibly because
1t is now media relations. They don't know what PIO is. At least the 579-
6111 number doesn't get you much by way of a response. They get all confused.
Most of the time I got transferred to Community Relations. So, if it is
really a Media Relations office I would hope that it would be directly under
you. I would hope that you would be the principal spokesperson, personally,
and used to the extent possible existing staff that you have, and that the
other fine officers that we are talking about would be available for street
duty and other activities. The Commissioner... Vice Mayor, specifically,
asking about the question of records request,...
Vice Mayor Alonso: Yes.
Mayor Suarez: ...and I think that is a very important question too.
Chief Ross: In response to the Vice Mayor's question, the avenues through
which these records are produced is media relations, or PIO, and that is just
one of the responsibilities that they handle. That responsibility, obviously,
can be placed on another unit within the Police Department. However, it is
appropriately placed there because of the type of functions that they are
involved in. I want to stress the point further that something you said, Vice
Mayor, that I think is very important, is that this particular unit is the
focal point of disseminating information for the Police Department. We have
gone down the road before were we have had everybody in every unit, throughout
the Police Department, responding to inquiries from the community and from the
media, thus, giving information that was less than accurate, and information
that was conflicting in nature. We have been able to, just as not only other
Police Department, but other professional operated organization, throughout
this nation, has done. They have taken and channeled that information
dissemination through a particular source. Restricting the dissemination only
to that source, thus, giving factual information, and projecting a
professional image versus one that appears to be very haphazard, and know one
knows what they are doing.
Vice Mayor Alonso: Especially with the type of community that we have, at
times that will have to be arranged. At times if they give the wrong
information, or if they go to different people sensitive information might
-- leak, and it could create embarrassing situations, to say the least, and
damage, perhaps, even investigations within the Police Department. That
concerns me.
Chief Ross: In addition to what the Mayor was referring to, there may be a
matter of a misnomer there. As opposed to calling it public information, if
the title is media relations, there is somewhat of a misnomer, that certainly
1s something that we need to look at. As to how it is perceived not only by
the public, but by the media, and maybe even by some internal personnel. But,
regardless of the title of the unit, the functions remain the same, to
disseminate accurate information to the public, not necessarily for the
media's consumption.
9 July 16, 1992
7
Vice Mayor Alonso: Thank you.
Mayor Suarez: By the way, my remarks about the media request, in this
particular case, favor the print media. The electronic media is the one that
seems to want to have that very quick picture of that individual having...
Being stabbed, or being shot at. The print media, in that sense, is a little
bit more professional. Of course, partly because they can't put it right in
the paper right then. It doesn't come out until the next morning, anyhow. So
the visual impact is not nearly as important to them. Anything further on
that issue or any other issue of deployment? Chief, you announced at the
end...
Commissioner Plummer: Yeah. On deployment?
Mayor Suarez: That is what we are continuing I think.
Commissioner Plummer: I thought we set aside an hour for that.
Mayor Suarez: Well, we are smack in the middle of it. You got 26 minutes
left. I just want to put on the record, the number of officers that you
hoped, in addition to existing deployment to be able to add, because I
remember you mentioned downtown, the Grove and Liberty City,. I think as three
areas where you would be able to implement surveillance and patrolling
activities, if I didn't have that right.
Chief Ross: Last week I mentioned an extended total and that was to
include...
Mayor Suarez: See, now they are doing it to you too.
Chief Ross: That is fine.
Commissioner Plummer: Put the microphone on, please.
Mayor Suarez: The City Clerk doesn't want to handle the records request is
what it is.
Commissioner Plummer: Matty, put the microphone on please for the Chief.
[INAUDIBLE RESPONSE NOT ENTERED INTO THE RECORD] No, it is not.
Vice Mayor Alonso: Well it went off.
Mayor Suarez: There we go.
Chief Ross: That was to include...
Ms. Hirai: It is on.
Chief Ross: ...an additional 18 officers for north, 18 central and 18 south.
In addition to that we added...
Mayor Suarez: Let me put it on the record since we are having microphone
problems. Eighteen for north,,..
10 July 16, 1992
r]
Commissioner Plummer: Central Video.
Mayor Suarez: With all that great equipment, video equipment, you would think
they would be able to help with our audio here. By the way the Manager has
clarified that the folks who are filming us today are from the Fire
Department. All regular employees and, presumably, not costing us any
additional amount, and we have had a lot of remarks from people in the general
public about the fact that the transmission is much better with the new
equipment. I wish the audio was just up to par.
Vice Mayor Alonso: Chief, will you state again, for the record, how it is
divided. Eighteen south, central..
Mayor Suarez: Maybe you can take that one that is... See if that one works
better.
Vice Mayor Alonso: It comes from the same mike, so...
Mayor Suarez: See if it is the same hookup or a different one.
Chief Ross: That numbers that... Well, you can hear me.
Vice Mayor Alonso: Yeah. We can hear you.
Chief Ross: The numbers I referred to were those numbers that we felt, in
order to give service over and above just the minimum service, and in order to
eliminate the impact teams that we have been using to respond proactively to
crime, in an overtime capacity, and to put officers in place, permanently, to
do that function we suggested 18 additional officers for the north. Eighteen
additional officer south and eighteen additional officers central. In
addition to that, we projected four officers to be placed in Coconut Grove,
four officers to be placed in the north end of the City, in our housing
development area there, Liberty Square, four officers at the Marina Towers
location where we have new development, and an additional four officers in the
downtown area.
Commissioner Plummer: Where are they coming from, Chief?
Chief Ross: Once again, that was our proposal for our projected budget should
those monies be available to hire those individuals.
Commissioner Plummer: Oh. Oh. Oh. Well that is... OK. That you are going
to argue with the Manager about. We are just... We are very close. Our
numbers are 62, yours are 70. So we are not that far apart.
Vice Mayor Alonso: Chief, in your opinion, are these areas the ones that need
this type of additional officers the most? What about other areas of the
City?
Commissioner Plummer: That is all the City.
Chief Ross: Well, keep in mind...
11
July 16, 1992
Vice Mayor Alonso: No. Not necessarily. He is talking about...
Chief Ross: ...north, central and south...
Vice Mayor Alonso: ...four additional for Bird Road...
Commissioner Plummer: Oh. The four, four, four...
Vice Mayor Alonso: ...Four in the area...
Commissioner Plummer: But the eighteen, eighteen, eighteen is all City.
Vice Mayor Alonso: ...of housing of Liberty Square. Four in the Arena Tower
area and four in the downtown area.
Commissioner Plummer: That is specific.
Vice Mayor Alonso: But we are leaving off...
Commissioner Plummer: Yeah. The eighteen, eighteen and eighteen covers the
entire City.
Chief Ross: Right.
Vice Mayor Alonso: I beg your pardon?
Chief Ross: The important element...
Commissioner Plummer: Eighteen, eighteen and eighteen that he spoke of covers
the entire City.
Vice Mayor Alonso: Exactly. Yes.
Commissioner Plummer: The others are specified special details that he is
talking about.
Vice Mayor Alonso: Yes, but don't you feel that other areas of the City need
also this special attention...
Chief Ross: But the impact...
Vice Mayor Alonso: ...with the drug situation?
Mr. Cesar Odio (City Manager): You are right, Commissioner. We are trying to
separate things. These are special things that we needed to do. The Liberty
Square probably will end up funded... I explained to you yesterday that we
had a call...
Vice Mayor Alonso: Weed and ah...
Mr.°Odio: ...from the U.S. Attorney they are moving very fast on weed and
seed.
Vice Mayor Alonso: Weed and seed.
12 July 16, 1992
Aim
Mr. Odio: There is a meeting on Monday, and they have chosen... I hope I did
the right thing. The Liberty Square area, which is both County and City.
East Little Havana has chosen to be picked as weed and seed, and West Perrine.
Because this is combined County and City.
Vice Mayor Alonso: But he did not mention East Little Havana here.
Mr. Odio: No. Because that has nothing to do with weed and seed. That is
what I am trying to tell you. That will... weed and seed will be in
addition...
Vice Mayor Alonso: But you say Liberty Square is going to be part, and it is
listed here.
Mr. Odio: That was prior... Yeah. That was prior to weed and seed, so that
will be released...
Vice Mayor Alonso: I do feel the East Little Havana needs all the help they
can get.
Mr. Odio: I explained to the chairperson of the committee, Janet Reno, that
it had to be... That is the area that we want it, and she said yes. There is
a meeting Monday or Tuesday on it. The three sites have now been chosen for
weed and seed, and then what that would do is release four officers from
Liberty Square to somewhere else.
Commissioner Plummer: Well, One of the things, Miriam, that I have been
working on, and it looks like we are going to see some reality, and that is to
get report writers, for the Police Department, to free up the policemen to do
police work. If, in fact, that is successful, and we are looking at possibly
80 report writers, and the elimination of dispatching policemen on certain
calls, such as a stolen car. It accomplishes nothing to send a policeman out
to write a stolen car report that they can't take over a phone.
Mr. Odio: We are reflecting the policy...
Commissioner Plummer: That is going to free up a policeman for more time.
The untold amount of hours that, in my estimation and opinion, fifty percent
(50%) of a policeman's time, today, is writing reports, not fighting crime.
He is after the fact, writing reports of what happened, instead of out there
trying to help to keep it from happening. So that...
Commissioner De Yurre: J. L., let me make a point because we talk about
spending' time writing reports, and I can see an officer going to a site, an
accident or crime scene, and doing a report and I don't think that is his
place, but if he is part of the experience he has to write the report.
Commissioner Plummer: No question. If he observes he has to be a part of the
report, but I think what we are talking about, Victor, in those cases where
State law now certifies that a PSA can write certain reports, and we get a PSA
fora third of.the cost of a policeman. We get three PSAs for one policeman.
That we can hire the PSAs to write the reports and free up the policemen to do
police work.
13 July 16, 1992
Commissioner De Yurre: I got no problem with that. I think that we should =_
just distinguish about that some reports have to be made by the officer that =-
was at the scene.
Commissioner Plummer: Oh. Anything
rape, any of those still have to be
legally, by law, written by a PSA.
Commissioner Dawkins: Mr. Mayor.
from criminal investigation. Murder,
written by a policeman. Cannot be
Commissioner Plummer: It was never the intention.
Commissioner Dawkins: Mr. Mayor.
Commissioner Plummer: Let me give you an example in the County. If you have
your house broken into in the County, they basically will send a policeman to
make sure it is safe. Once that is done, that policeman will quickly tell you
that there will be somebody along to write the report, and he checks back into
service. And that is the way it should be done. To put the policeman out
there fighting the crime, and let the PSAs, or whatever you want to call them,
write the reports.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, we have been on this I don't know how many
hours, and the problem is, in the City of Miami, a crime epidemic. The City
of Miami is in desperate need of policing, and we have sat here and all our...
I have heard, and I want you to know, this is Miller Dawkins' opinion only.
We are going through a David Copperfield type of a exercise. That is where
you take reflective devices and you put them up and you give illusions. The
first illusion was when we started talking, was that we were going to do
something about crime. Illusion number one. Illusion number two. When we
sat up here and said that put a policeman in the middle of Grand and Douglas
to stop snatch and grabs. The illusion was that the snatch and grab man would
stay there and watch the policeman. He would not go to N.W. 54th Street and
7th Avenue. They would not go to 36th Street and 17th Avenue, another
illusion. The third illusion that we have given sitting up here is, that by
harping on the salaries paid to policemen we are going to do something about
crime. We are going to cut the service of policemen, and we are going to
reduce crime. All of that is just like David Copperfield on the stage trying
to show you slight of hand. If you are sincere about fighting crime, then
this Commission can no longer be a David Copperfield type of an operation.
You must do as you do any place else. You must come up with some MBOs
(management by objectives). The first thing you do is identify the problem,
which is crime. The second thing you do is you write a rationale explaining
what is going to happen when you get rid of crime. The third thing you do is
come up with some MBOs which can monitor your time, and let you know how
effective you are being. All of that is illusionary. We have a Chief of
Police who came up here and gave us some facts, and we have yet to respond to
the facts given by the Chief. Now let me read them to you from the minutes.
Chief Calvin Ross, "We need seven zero (70) additional police that we have
identified." He also said 18 officers can be deployed in the north district,
and so forth he just told you. Commissioner Plummer, "Four police officers
14 July 16, 1992
are you talking...." Chief Ross, "Four officers." Commissioner Plummer, "Are
you talking about senior citizen type of police officers? The "J officers?"
Chief Ross, "No. Not K.": We are talking about regular officers." Then the
Chief says, again, Chief Ross, 1112th Avenue to 52nd Avenue we need 70
additional officers to bring the police up to the total staffing of 1184
police officer, which will be needed to fight crime in the City of Miami, and
make Miami safe." We have disregarded that.
Commissioner Plummer: Oh. No, no, no, no.
Commissioner Dawkins: OK. Oh. Yeah, yeah, yeah, yeah. OK. Chief Ross,
"With those additional officers we would be able to provide over and above
just a regular reactive patrol. We would be able to do some preventive
policing." Commissioner Plummer, "No way." Chief Ross, "Patrolling that can
give..." Plummer, "No way." Chief Ross, "...the service to the citizens that
they are requesting in addition to." Mayor Suarez, "May we assume when you
talk about the Grove you don't mean..." Commissioner Plummer, "That is six
million dollars additional." OK? Mayor Suarez, "...the place where we now
find tons of them at night, Friday, Saturday and Sunday, but you mean the
actual West Grove." Chief Ross, "Yes, sir." Commissioner Plummer, "Did you
say 1184 or 1084?" Chief Ross, "We talked about 40 positions." Dawkins,
"Hiring 40 policemen or 40 civilians?" Chief Ross, "We have to hire 40
people." Then, again, Chief Ross says, "Obviously, we have to start someplace
and we have to start now." The projection, though, is to get to 1184
officers. This Commission has not addressed that. This Commission...
Commissioner Plummer: We did.
Commissioner Dawkins: ...has talked about what it is going to do with police
salaries. What it is going to do with I don't know what else, and now,
Commissioner Plummer, "Let me tell you something, and, boy, this gets to the
heart of it all, Commissioner Alonso, Mayor Suarez and Miller Dawkins,"
Commissioner Plummer says, "Let me tell you something. You all are going to
have the roughest time in the world winning reelection," and he is not lying.
OK? Because crime is rampant, and nobody out there challenged Plummer and
Victor on crime, and they got reelected, but, boy, we are going to catch it.
Mr. Odio says, "You are trying to promote," what have you. Commissioner
Plummer, "Eight hundred and twenty-two thousand dollars to hire PSAs, and I
asked whether to spend five million eight hundred and twenty-two dollars."
Chief Ross... All along here Chief Ross has said he needs 1184 officers to
effectively fight crime. Now I need Co know from the five of us up here, what
are you going to do about it?
Commissioner Plummer: Well, may I respond, Mr. Mayor?
Mayor Suarez: Yes, please, Commissioner.
Commissioner Plummer: Commissioner Dawkins, it is unfortunate that you didn't
bring all of the minutes of the meeting, because if you had...
Commissioner Dawkins: You have a right... Hold it. Hold it. I move that
this be tabled until Commissioner Plummer can pull the rest of the minutes and
bring them in here.
15
July 16, 1992
Mayor Suarez: OK. The...
Commissioner Plummer: No. I will refer to the other portion of the minutes. - -
Mayor Suarez: The Commissioner is inquiring or making a statement. Please
don't interrupt. Commissioner Plummer.
s Commissioner Dawkins: OK. I am sorry. I beg your pardon. Go right ahead.
Commissioner Plummer: I don't him interrupting at all because I do it to him.
Mayor Suarez: You do it to each other all day, so...
Commissioner Plummer: Mr. Mayor, my concern happens to be that we did speak
of what we were going to do. I made mention, at the meeting, that the Chief
and I had agreed to meet to massage, basically, in the neighborhood of 60
officers who were not out fighting crime. Who were working in a capacity that
could be done by a civilian, and that we could, in fact, possibly agree on
those people, instantly, going back out on the street and fighting crime. The
disparity came, not with myself, but with the Manager who said the problem was
replacing the civilians, and that he wasn't intending to do it. But we did
address the problem, and that was the lack of policemen enforcing the law, and
crime on the streets. So that was definitely addressed, and as far as I was
concerned, if you could get 60 policemen immediately, not through the
background checks, not through the schooling, not through everything which
takes at least six months to get a policeman, that you could have 60 policemen
tomorrow to be out on the street fighting crime. So, we did address that
problem. Now, the one thing that I agree with you, and I think that, you
know, we have to somewhere along the line understand. The people of this City
are hurting. The people of this City are crying out to this Commission, as
the people in South Grove are crying out. They are sick and tired of their
possibility of having the three "Bs." Bars on their windows, burglar alarms
in their houses and the bad boys running the streets. They are tired of it.
I am tired of it. I am concerned about every night that I leave here, that
when I am going home whether my house is going to be broken into. Everybody
has that same concern, and yet, when you come down, and you look at the sheets
of the response... When you find that we are looking at five and six hours of
response time, something has got to be done. These are not my numbers. These
are not my numbers at all. These are the Police Department's numbers. Let me
give you just a couple of examples, and whether it is response by an officer,
or the so called Teleserve, what happened on the 11th day of July, when bodily
threats were received by a boyfriend, and the response time was six hours.
From 11:16, which is eleven o'clock in the morning to 17:49, which is 5:49 in
the afternoon. Can you think you can convince that person that that is the
proper response time? How about time over here, in the back, on motor
vehicles, where they are called in at six o'clock in the afternoon, and they
get a phone call the next morning at eight o'clock. These are the kinds of
things, Commissioner, that I am speaking to, that you can take. Nobody has
yet to dispute that fifty percent (50%) of a policeman's time is writing
reports. That is not what we need them to be doing, when, in fact, we can use
another cadre of individuals, fully certified by the State of Florida, at a
third the cost, to-do the same job.
Mayor Suarez: Commissioner Dawkins.
W.
July 16, 1992
Commissioner Dawkins: Another illusion. OK? The Manager had a buyout. How
many officers left the police force, Mr. Manager, in the buyout?
Mr. Odio: I think 47 or 48.
Commissioner Dawkins: Forty-seven officers left the police force in a buyout.
Commissioner Plummer says that my neighbors and his neighbors, taxpayers of
the City of Miami, are concerned about response time. Response time was high
when you had the 47 officers. The 47 officers retired. You don't replace
them, and you expect to get better response time? Impossible.
Mr. Odio: Commissioner.
Commissioner Dawkins: But. No. Wait.
Mr. Odio: Just for the record we replaced 28. OK.
Commissioner Dawkins: Beg your pardon?
Mr. Odio: We replaced 28.
Commissioner Dawkins: All right. You had... OK. Since we are going to get
into figures. You had 40... How many buyouts?
Mr. Odio: Forty-eight.
Commissioner Dawkins: All right.
Mr. Odio: And we replaced...
Commissioner Dawkins: Through attrition how many did we lose?
Mr. Odio: We lost more than that. I think it was...
Commissloner.Plumner: Normal attrition, Miller?
Mr. Odio: Four a month.
Commissioner Dawkins: Beg your pardon?
Mr. Odio: We lose four a month.
Commissioner Dawkins: We lose four a month, and the buyout was in what month?
Mr. Odio: In the... October 1st.
Commissioner Dawkins: October...
Mr. Odio: First.
Commissioner Dawkins: Third.
Mr. Odio: First. Yeah.
17 July 16, 1992
� r
Commissioner Dawkins: November, December, January, February, March, April,
May, June, July.
Mr. Odio: No. You are right. Yeah.
Commissioner Dawkins: All right.
Mr. Odio: I am not disputing your numbers gust..
Commissioner Dawkins: OK. But don't hang me up now with numbers. So,
therefore, as Commissioner Plummer said the people are still having their
purses snatched and windows smashed, as they come off the expressway on 12th
Avenue, as they come off the expressway on 17th and 41st, see. But, yet, we
had a buyout and we did not replace the policemen. That is an illusion that
we are saving money. And the Chief is standing there professionally telling
us, you, the Commissioners, created this problem. Now you Commissioners have
to help me to settle it. That is all he is saying, because we allowed the
Manager. The Chief didn't allow the Manager to have a buyout. The
Commissioners allowed it. The Commissioners helped the Manager create the
illusion to the public that you were going to save money, and not have a
reduction in service. I have asked the Manager every time, would we have the
same services, and he told me yes, and we haven't had it. So,... And
Commissioner Plummer being here 20 years can tell you better than I can, there
is no way to raise the taxes, to get the money, to hire the policemen. So
what do we do?
Mayor Suarez: One quick idea, back to media relations, is to give you the
final figures. Ladies and gentlemen, you won't believe the these figures.
This department, with I believe three officers, Chief,...
Commissioner Plummer: Sergeant, and two.
Chief Ross: Two officers.
Mayor Suarez: Two. We are down to two. Used to be three, I guess.
Commissioner Plummer: You changed it again? Good. That is a step in the
right direction. It was a sergeant...
Mayor Suarez: Handled last year... Just so you see why, when the average
member of the public needs to get through to the Police Department, and you
are doing a good job of that, as well as you can with the resources you have.
They are competing with the media, folks. Listen to this. That unit handled,
last year, 1991, 2212 media interviews and 29,344 media inquiries. Now, I
would, personally, if we could nothing else, suggest a system where those
media inquiries were referred elsewhere. I wouldn't mind having them clog up
the communications system here at City Hall.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Anything other than going to a couple of officers who were
trained to combat crime.
18 July 16, 1992
s �
Commissioner Plummer: Mr. Mayor, May I...
Mayor Suarez: Let me add one other thing. Last year, and this is going to
relate to you, in 1991, they were major on the scene response, presumably,
that is major incidents that they responded on the scene, again, to clarify,
presumably, to the media and the public what was going on, mostly to the
media, was one of the complaints that we still get from the public, is they
don't know what is going on, and nobody comes to explain it to them. Very few
officers are willing, and sometimes they are even trained not to explain to
the public what going on, which I find quite objectionable, but they always
explain it to the media, as if the media had a greater right to know than an
average citizen. But anyhow, they had 60 in 1991, major on the scene
response. I think you probably outdid them in major on the scene response,
all by yourself, and I am putting that in a memo to the Manager, and the
Manager will have that, and I want him to look closely at whether we need to
have "Media Relations Officer3" running around, going to the scene, to respond
and explain to, again, to the media. Not to the citizens now. If I am
missing something. If most of the time they are spending... dealing with the
citizens, inquiries, or even public records requests, that 1s a whole
different view of it, but what I have gotten so far is the breakdown that I
Just stated where, basically, the five categories are on the scene responses,
new releases... Oh, here is this item. I love this one. Positive stories
initiated, 579 in 1991. I am asking for copies of each one of those. Media
interviews, 2212 in 1991, and media inquiries, 29,344. That is the wrong set
of priorities. In an ideal world if we had enough staff for all of this, and
we wanted to somehow have the media look upon us more favorably, I suppose we
could have these. Right now those are two very fine officers. One of them is
a sergeant. Rather...
Commissioner Plummer: Sergeant.
Mayor Suarez: Sergeant, tall good looking fellow. We could have him out
there in the community, and dealing with crime, and not necessarily sitting
there waiting for the media to call.
Commissioner Plummer: Well, let's don't...
Mayor Suarez: So, anyhow I am going to stop beating up on this issue. I have
a memo to the Manager on it. I will be looking at budget time for some
modification here so we can have these people on the street, and I am finished
and it is still 9:59, so at least...
Mr. Odio: Mr. Mayor, let me say. We have heard you. Believe me, we have
heard the Commission, the Chief has some plans that he wants to maybe tell you
what he wants to do. We are going to go ahead with the PSA system and see if
that relieves those officers out. That is reflected in the budget. So we
have heard I think...
Mayor Suarez: Yeah. But rather than go through all the motions that
Commissioner Plummer was inclined to do about the specialized units, Mr.
Manager, we have picked on one.
Mr. Odio: No. We are doing that too.
19 July 16, 1992
Mayor Suarez: OK. The rest, we can do privately. We don't need to take the
public's time.
Mr. Odio: I agree. I agree.
Mayor Suarez: Everybody here is not an expert as to what the Marine Patrol
Unit...
Mr. Odio: I agree.
Mayor Suarez: ...does, and what the a... some of the other... Mounted
Patrol. We went a little bit into that, and we can do that privately. I just
wanted to complete the analysis of one of these, and have all of us have an
idea of what is in these responses, which these fine officers are giving to
us, but they really reflect the wrong priorities, I believe.
Mr. Odio: What has not...
Vice Mayor Alonso: One comment.
Mr. Odio: What has not been said...
Mayor Suarez: Vice Mayor.
Commissioner Plummer: But... OK.
Vice Mayor Alonso: Yeah. Let him complete what he is saying. Go ahead.
Mr. Odio: No. What was not said is that at one point the Chief, during this
year, and I am just remembering this. It is not that I... He asked his
people to... they also have to do police work.
Mayor Suarez: He told me that one time. I was very impressed with that. The
staff was going out in the streets...
Mr. Odio: So they were doing double duty.
Mayor Suarez: ...and doubling up from their normal duties, which basically
are behind a desk,...
Mr. Odio: Right.
Mayor Suarez: ...and they were actually out in the streets, which I think is
a magnificent concept.
Vice Mayor Alonso: Yeah. Just one comment on that point, and I want to go
back to what Commissioner Dawkins was talking about, and the main point of our
concerns about the crime situation. When you made the remark about as if the
media deserve more attention than an average citizen. I think that the only
point that we can say that it is beneficial that the media gets the right
information, is that it will, in turn, pass that information, hopefully, to
the citizens in a proper manner, and then the citizens will be informed of
what is happening, because they will read in the newspaper, if we had another
newspaper other than the Herald, and TV, and radio, they will receive the
20
July 16, 1992
information through the media. So, in that sense it has some good values. I
want to go back to the situation I heard Commissioner Dawkins complaining, and
I am going to go back to the same question that I asked at the last Commission
Meeting. How are we going to resolve the situation? I want to leave here, we
spend hours, September, the first week in September, going through this
exercise. We did it last week, and here we are again, all morning, ten
o'clock, 10:02, and still don't have concrete plans. I would like to hear
from the Chief. You have heard the concerns of this Commission. You have
heard the concerns of the general public. Do you have concrete plans as to
bring to us, and it is something that we can do to help, because I, lately,
especially in the last session, comments were made that it is our
responsibility. This Commission is to blame. It is not the Chief of Police.
It is not the Police Department. It is not the City Manager. But it is this
Commission. I was not here before so I don't feel I was part of the problem,
but, certainly, I want to be part of the solution. Therefore, I don't want to
finalize the session this morning without a concrete plan that we can say, to
the citizens of Miami, this is where we are heading. This is going to happen.
You mentioned here some additional officers in certain areas that covers the
City of Miami, and then additional officers, and you list only part of the
City of Miami. I feel that crime is in high numbers in the area of Little
Havana, and I don't see any additional officers in that area. East Little
Havana is called Viet Nam. People say they cannot walk the streets. You look
at the numbers... and drugs... They are selling drugs in the street. You
have a sign of the City of Miami, and it makes no difference, two blocks from
my home. In desperation 15 days ago I called the Police Department and said I
am here in the corner of 8th Street and 15th Avenue. They approach me to sell
me drugs. Also a prostitute 1s talking to us here, next to my car. She
couldn't care less whether I was an elected official or not. She was seeing
the sign. I had it in my car. They were walking back and forth. They
couldn't care less. At the time that I called in desperation, to the Police
Department, and say, here I am. I see about 15 of them on this corner. What
do I do? Do I go home and get a gun and resolve the situation? Do I make the
arrests myself? It has happened to me...
Commissioner Plummer: What happened?
Vice Mayor Alonso: ...one block... They were selling drugs.
Commissioner Plummer: No, but I mean, did the police respond?
Vice Mayor Alonso: The police... I was there for about... Over forty—five
minutes.
Commissioner Plummer: Before somebody responded.
Vice Mayor Alonso: Nobody came. My husband told me, Miriam, I think that you
have gone far enough. I don't think that you can possibly make the arrest.
You should not personally be putting your life in danger. I think this is the
job of the Police Department. This is happening two blocks from my home. I
wonder what is happening in the neighborhood of other people. One block from
my home, the City Manager knows, I called and I told him after three calls to
the Police Department, I told him, Mr. Manager, I am going over to that
property. My neighbors are telling me they are afraid. This is happening in
my neighborhood, and certainly, I walk the streets with a gun in my hands. I
21 July 16, 1992
certainly went over to the property. The manager was having an attack. He
called the Police Department, and then, at that point, they responded my call.
Commissioner Plummer knows quite well. I called the Manager. I called the
Mayor, and I called Commissioner Plummer requesting help that I was not
receiving. Commissioner Plummer helped me out. Do you recall that incident,
Commissioner Plummer?
Commissioner Plummer: Yes, ma'am.
Vice Mayor Alonso: Also, I was at another time, in a restaurant. And when I
walked into the restaurant the people said, "Could you help?" We have been
trying to get a police officer to come, and without any luck. I was very
embarrassed to call at that time. I identified myself, and called. We got no
response. So this is happening in the City of Miami. Since it is our fault,
according to what I hear, I don't want to be part of the problem. I certainly
want to leave here today with assurance that this is going to change. That
all neighborhoods, in the City of Miami, will have the protection that they
demand, and deserve, and I want a plan. I don't want anymore lip service. I
don't want to be involved in getting out of my system the complaints. We know
what the problem is. We know the situation. We all understand. The general
public knows, we know, we all are aware of the situation. I am not telling
you, Chief, tomorrow morning the City of Miami should be free of crime,
because we know better than that. But, at least, I want to leave here with a
plan that this will start going into the right direction. That indeed, we are
doing concrete things to improve the situation, to protect the citizens.
That we will do everything in our power, and that when we are told, it is your
fault, we can say we instructed the Administration, the City Manager, to work
with the Police Department, because people don't understand. We don't give
orders to you directly. We give the orders to the City Manager, and he 1n
turn will work with you, so that you can do what you have to do. But he will
have to provide to you, through our legislation, what you need to do your
work. And that is exactly what I need to know because you are the expert, and
I want to leave here today with a plan. I don't want any more sessions just
to talk about the problems. Let's start talking about the solutions to the
problems. We know what it is. Let's see what we have in place, and what I
can expect in this coming budget. I will vote for this budget if it is going
to address the number one problem in the City of Miami, crime. And I need to
know from you.
Mayor Suarez: I don't know if that calls for a response right now.
Vice Mayor Alonso: Yes. Yes.
Mayor Suarez: Go ahead, Chief.
Vice Mayor Alonso: I need to know...
Chief Calvin Ross: Yes.
Vice Mayor Alonso: ...because we...
Mayor Suarez: All right.
=j Vice Mayor Alonso: ...met in September.
22 July 16, 1992
Ll
Mayor Suarez: That answer it.
Vice Mayor Alonso: We met last week and here today. I think it is ample
opportunity so that we start working into concrete steps, because I see here
numbers were addressed that we are going to have additional officers in
certain areas. What can I expect? What changes will I see in the City of
Miami as a result of this action? Is this going to happen, or it depends on
additional funds from the federal government? Do we have within our budget,
as presented here to us or the proposal, do we have what is needed to resolve
the number one issue in the City of Miami? That is what I want to hear from
you.
Mayor Suarez: OK. Chief.
Chief Ross: If I may give you... and I know this will probably be my last
opportunity to say this, so if you will give me about three minutes...
Vice Mayor Alonso: Chief, you will have as many opportunities as you need
because I believe this is number one problem in the City of Miami.
Chief Ross: In regard to this particular hearing this morning, if I may take
just three minutes to give you the answer to the Vice Mayor's question, and
also an overview. The Police Department, as we are staffed now, what I have
done I have taken a very close look, internally, at the makeup of the sworn
personnel within the Police Department. We are currently staffed, in this
fashion, percentage wise, eighty percent of the officers are assigned to the
Field Operations Division, and we talked about that last week, what that is
comprised of. Fifteen percent of the officers, and this is sworn top down,
fifteen percent of the officers are assigned to the investigative function
within the Miami Police Department, four percent are assigned in the
Administrative Division, and one percent is assigned in the Final Division,
that is the Chief's Office. We know by looking at the recent Impact Teams
going out and performing preventive measures that that is, and you yourselves,
meaning all of you, agree that that was a very effective measure in dealing
with the crime problem in the City of Miami. So we know that prevention is
the best method of dealing with our crime problem. We are looking to initiate
more preventive measures. Number one, as we are able to hire additional
civilians within the Police Department, or move civilians as the Manager has
already started to do, to consolidate other functions within the City, freeing
up civilian personnel that can ultimately be placed within the Police
Department that can free up sworn police officers, releasing them for street
duties. These individuals will be placed in preventive modes into the
communities with directions to the specific neighborhoods. As you know, we
have this concept, the NET (Neighborhood Enhancement Team) concept, which I
believe is extremely effective. We are going to put those officers in those
neighborhoods working in that particular concept. We are still, internally,
absent any other civilians coming in, we are doing all we can to streamline.
Obviously, that Herald and others have voiced a concern about our attempts to
streamline functions within the Police Department. Well, all of that is true.
We are trying to do the best we can to streamline functions and put officers
on the street. And as we find those functions we can streamline and merge
those functions, and put officers on the street. They too will be put into a
preventive mode of operation versus a reactive mode of operation. Keep in
23 July 16, 1992
mind, please, that because of the number of calls for service in this City,
once we drop below a certain number of officers on the street, we will then
have to do completely reactive responses to crime versus preventive measure.
Preventive patrol means an officer has time to go out and seek problems
before... Seek out problems before they become crime problems, and deal with
them, as well as providing high visibility. We are also going to take our
Public Service Aides, if these individuals are hired in the numbers that we
are hearing, that we are hoping for. These individuals will not be placed in
the department unless they are freeing up police officers to do actual street
service. To place a Public Service Aide in our Teleserve Unit means,
indirectly, you are freeing up a police officer from having to write a police
report on the street. Currently Teleserve writes thirty-two percent of all
our police reports. We would like to move that up to forty percent, but we
need to fully staff that unit. We can do it with clerical help or Public
Service Aides, 1f they become available. In addition to that, if we can get
the Public Service Aides, at the numbers that we are hearing, we will then
take those individuals and put them on the streets, in the various
neighborhoods, to supplement our NET concept, which is responsible to the
neighborhoods. We believe giving ownership to the Public Service Aides for
each one of these neighborhoods will not only give them the insight, or the
direction rather, that they are responsible for these neighborhoods, and must
solve the problems in those neighborhoods, but the citizenry will also know,
and be able to deal with the same individuals day after day, week after week,
as opposed to not knowing who the officers or the Public Service Aides are in
their respective neighborhoods. The number I gave you of 1184 is a benchmark
that we would like to reach in order to get to a comfortable level of
preventive patrol. Anything above 1100 will certainly give us a means of
putting officers in a preventive patrol configuration. As we drop below 1100,
as we are now, we are going to be in a reactive mode of operation, not able to
do any preventive patrol unless we put officers in place on an overtime basis,
which is what we are doing now. Once again, the Police Department, from the
top to the bottom, is being streamlined, and we have done quite a bit of that
already, and the Manager alluded to us taking and cutting the top executive
staff. I even cut the top executive staff even further from what my
predecessor did from 14 majors down to 11. Merging functions and squeezing
more work hours and work time out of the existing staff. And we are doing
that all the way down to the very lowest level within the Police Department.
All focused at putting more police officers on the street, doing much more
with less. If I receive more bodies, more civilian, more sworn, more PSAs, we
will focus those individuals toward the street. Doing more, in terms of
enforcement, with less, either directly, or indirectly.
Mr. Odio: The PSAs will be in place October 1st. The civilians began last
week. We have civilians in the City that will lose their positions because of
we are also streamlining the rest of the City. We had duplications. So they
will be moved into those civilian positions. My intentions are trying not to
hire civilians but to try to find them in the City. People that are
qualified, I move them over there. So that the net result is the same as we
have now, and we haven't added, but again, Chief, what you want, which is to
put this police officers out by October 1st. We are trying to get all the
PSAs on by October 1st and that is achievable because we already had all the
background done and... Right? So that...
Vice Mayor Aionso: You feel very confident...
24
July 16, 1992
Commissioner Plummer: They took the test. They took the test.
Mr. Odio: Yeah. They took the...
Commissioner Plummer: Six hundred of them took the test...
Mr. Odio: Six hundred took the test so...
Commissioner Plummer: ...on Monday.
Vice Mayor Alonso: Chief, you feel very confident when you mentioned NET. In
fact, we have now, in every center, in every neighborhood enhancement team,
one officer only, per neighborhood. How do you divide the rest of the force
to make it really effective in all eleven areas, and to give equal treatment,
according to the level of crime in the particular neighborhood, to provide
that proactive response to prevent the crime as you mentioned? How do you
divide the force to make it beneficial? - because I don't believe that one
individual, for as good as he could be, he could possibly be involved in
everything that happens in that neighborhood. If they are in a certain area,
they couldn't be present in the NET station. It is almost impossible for them
to monitor everything that is happening within the area. Some areas, some of
the stations, some of the NET areas, cover quite a bit of a neighborhood. It
is a large area to respond. Some of them, areas of high crime. How do you do
it?
Chief Ross: First of all, the Neighborhood Resource Officer that is assigned
to each one of the NET stations, is not there in order to respond to every
call for...
Vice Mayor Alonso: Of course not.
Chief Ross: ...crime in... to crime...
Vice Mayor Alonso: But identify is what I am talking about.
Chief Ross: Yes. This particular officer goes out, seeks out the problems,
devises concepts and plans to attack the problem utilizing the officers that
are responsible to those neighborhoods. There are officers, right now, in
every neighborhood that are assigned there, that are responsible for the
problems that occur in that neighborhood. The Neighborhood Resource Officer
becomes that avenue through which the community can contact 24 hours a day,
and he, in turn, can utilize the pool of officers, at his disposal, that work
in that neighborhood. You already have those officers there that are
responsible to each and every one of those neighborhoods that is represented
by the NET concept.
Vice Mayor Alonso: For example, the substation... the Little Havana
substation that covers Coconut Grove, and Coral Way, and Brickell Avenue, and
a very huge area of the City of Miami. Within that neighborhood we have then
NET, that is the one on Coconut Grove, it is one. We have the one on Coral
Way, two. We have the one in Little Havana, three. And we have the Brickell
Avenue, four. And...
25
July 16, 1992
Mr. Odio: You know, Commissioner...
Vice Mayor Alonso: ...it is covered by the same substation.
Mr. Odio: Commissioner, if I may.
Vice Mayor Alonso: How do you divide that?
Mr. Odio: If I may, you know when...
Vice Mayor Alonso: And crime is rampant in that area.
Mr. Odio: Let me tell you the idea. You know what the ideal NET concept
would be, as far as police is concerned? - and we know that, OK. The problem
is in money. We should have 45 NET officers, in other words, 45 little
neighborhoods. We have 45. i think it is 45? [INAUDIBLE RESPONSE] Forty-
five. So we wanted to start with 11 and we actually have 12 NROs
(Neighborhood Resource Officers), instead of 11, you know. We have one to
eventually...
Vice Mayor Alonso: So you are saying that actually NET's success will be
eventually tied...
Mr. Odio: Yes.
Vice Mayor Alonso: ...to the amount of money that is available to make the
program work.
Mr. Odio: Or as we have more police officers.
Chief Ross: Even absent that, let me just say this. Each one of the
neighborhood officers has a list of all of the officers, within the Police
Department, that are responsible to that particular neighborhood. Each one of
them has a list that shows the patrol officers, the investigators, the
specialized functions, every officer that he can contact that 1s a part of his
team, and they can use those individuals to deal with the problems in that
area. What I mentioned to you earlier...
Vice Mayor Alonso: But you must have duplication. The same people will have
to be assigned to other areas as well, or you don't have enough people to go
around town.
Chief Ross: You are absolutely correct, however, that is... your correct in
part. Keep in mind that the actual workers, the patrol officers that are on
the street right now, are responsible, permanently, to certain neighborhoods
and areas within the City of Miami. Our NET officers have those officers in
their areas and they are on their team. Your investigators, because like you
say and you are right, you don't have enough investigators...
Vice Mayor Alonso: Of course we are...
Chief Ross: ...they will have dual responsibilities. Yes, we are currently
working on a strategy that will place our investigators in the various
neighborhoods, with responsibilities to those neighborhoods. Nevertheless,
26 July 16, 1992
you are not going to have enough, so they are going to have to have dual
responsibilities for various neighborhoods as well.
Vice Mayor Alonso: Am I right to assume that if we don't have enough funds to
carry on the concept of NET in order to work with prevention rather than just
reacting to crime, so NET will be tied to the funds available?
Mr. Odio: No.
Vice Mayor Alonso: It has to be.
Mr. Odio: No, because what we did...
Vice Mayor Alonso: Because he has to have duplication.
Mr. Odio: No. Because what we did by releasing the officers...
Vice Mayor Alonso: He takes it from other places.
Commissioner Plummer: Exactly.
Vice Mayor Alonso: But crime... it is not that we have a City, if we had a
City that we said, only...
Commissioner Plummer: It 1s decentralizing the departments. That is what it
is.
Vice Mayor Alonso: ...two areas of the 11 neighborhoods have a serious crime
situation I could see that, but are you going to tell me that... and I
selected the south substation, as Coconut Grove is complaining of the crime
situation. Brickell Avenue is. Coral Way is. Little Havana is. And it is
covered from the same center. So if you go to respond to Coconut Grove in a
serious situation that they have, and, indeed, they have their problems. You
have the same situation happening, let's say, in Little Havana and in Brickell
Avenue at the same time. Coral Way we know is complaining about crime, and it
is growing. You certainly go back to point one, money. Isn't that true?
Chief Ross: The concept right now, certainly, is not operating at optimum.
It. is a beginning. We identified, as was stated, 45 neighborhoods, and we
would like to break these neighborhoods down so they are smaller, put more
officers...
Commissioner Plummer: Forty-five?
Chief Ross: ...in place to do...
Commissioner Plummer: Forty-five?
Chief Ross: ...those particular... that particular job as the NRO. As we
are able to bring aboard additional officers, we can expand this concept, but
in the stage that it is in, it has been in operation two and a half months,
and the stage that it is in we are seeing that it is extremely effective, and
merits some expansion. We will identify, and we have identified other
neighborhoods, that we can put neighborhood resource officers in. For
-� 27 July 16, 1992
a�
instance, we currently have two neighborhood resource officers in a area where
there is only one NET center. So we are prepared to expand the neighborhood
resource officer concept, even if we don't have the additional NET officers
for them to work out of. Because the community oriented policing concept, we
believe, is the answer to heading off crime in a preventive mode.
Vice Mayor Alonso: And my last question. Do you feel there is anything else
that this Commission can do to make your job easier, and to resolve the number
one problem that exists in the community. Is there anything that we should be
doing that we are not doing? You are the professional. You tell me. Is
there any other legislative step that we should take to instruct the City
Manager to do, that we are not doing at the present time?
Chief Ross: I spoke with Commissioner Plummer on the very issue, and he
indicated to me, that some time back he made very strong arguments for the
federal government, as to the problems that were taking place here in South
Florida, trying to get some additional funding to deal with the immigrants
that are coming into this area, that are being processed into this area by the
federal government. Most recently I was speaking with the State Department.
Most recently, with the Haitian influx, there were at least ten thousand that
were admitted, legally, into this area. These individual, certainly, are
after coming here, do not have any means of support and, thus, the burden is
on South Florida residents. In addition to that, the services that the Police
Department provides, and all of the other services that is provided by the
City, is, thus, watered down. And I believe that this nation must open its
arms to those individuals, but at the same time, the burden cannot be cast
upon the shoulders of the taxpayers of this community, and I believe that if
this Commission would pick up the gauntlet that Commissioner Plummer alluded
to, and continue to target the federal government in regard to necessary funds
to supplement the tax base, or to supplement the indigents that are here, that
come in from third world countries, that that would go a long ways to
providing monies to deal with services, such as police services, because they
require more. Hear me when I say this. They require more, in many cases,
more police service than those that are taxpayers, because they are victims
more often, they are offenders more often, health care is very high among
these individuals, and I believe that it is unfair for the citizens here to
shoulder that burden.
Vice Mayor Alonso: Would you join me... Precisely I am going to Washington
next week for this item.
Chief Ross: I would be more than happy to.
Vice Mayor Alonso: Would you join me in this trip next week?
Chief Ross: I would be more than happy to.
Vice Mayor Alonso: Thank you. I will be talking to you about that.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins, and then we are going to wrap this up,
please.
28 July 16, 1992
Commissioner Dawkins: Yeah. That is what I was getting ready to say. I have
some questions, but I don't want to prolong it, But, Chief, I heard you say,
and I want to be sure that I heard you correctly, that the officer assigned to
the NET districts, duty is to go out and identify the problem, and develop the
means of solving the problem. Is that right? Is that what you said?
Chief Ross: In clarification, part of his duties is to identify the problems
and to devise, or make suggestions to the major in that district, as to
solutions to the crime problem.
Commissioner Dawkins: OK. I am going to write you, through the Manager, a
letter, because I don't want to prolong this. I want to know if the officer
identified the snatch and grab incidents around 62nd and 36th street? I also
want to know if the officer identified the hoods shooting crap in the middle
of the street as a problem. I also want to know 1f the individual identified
the drug activity in that area, and what that individual has mapped out as a
solution. OK? And I will send that to you in writing, and then... and if he
hasn't identified them then I would hope that you would see that he identifies
them, and tell me how we are going to solve it. Thank you, Mr. Mayor.
Commissioner Plummer: Would you send me a copy of that letter? - because I
want to duplicate it for Coconut Grove, and I want to see that.
Commissioner Dawkins: And Wynwood and all of them, Commissioner.
Commissioner Plummer: All the way around.
Commissioner Dawkins: OK. Commissioner.
Commissioner Plummer: They know...
Mayor Suarez: Please. Please. Please. Please.
Commissioner Plummer: They know who it is...
Mayor Suarez: Chief March, we have got to get on. The public hearing segment
of this matter, this agenda item, was closed at the last meeting. I do have a
request, Commissioners, I want you to know this from a lady in the back.
Julia Padron, is that your name, ma'am? She has informed the City Clerk that
what she wants to talk about is something else that was briefly alluded to by,
I think, the Chief and some other members of the Commission, which is not
directly related to police deployment, but, certainly, to crime, and that is
the issue of the courts and how they act in certain cases. Now, yes, Mr.
Manager.
Mr. Odio: May we put on the record something? - so we stop getting calls,
please. The older people that live in the CAP where they come... I had one
lady crying over here yesterday. She said that she had heard that we had said
we are going to eliminate the CAP Program, and that has never been said here.
Mayor Suarez: The CAP Program?
Commissioner Plummer: Where did she hear that?
29 July 16, 1992
11
Mr. Odio: I don't know but she was here waiting for me when I walked in...
Vice Mayor Alonso: Apparently they were told...
Mr. Odio: And there were other calls.
Vice Mayor Alonso: ...in the building, and they were very concerned.
Commissioner Plummer: Well, that is the scare tactics...
Mr. Odio: Yeah.
Commissioner Plummer: ...that some people use to try to...
Mr. Odio: Could you please put on the record...
Commissioner Plummer: ...accomplish a means which they can't do otherwise.
Chief Ross: She may have confused CAP with the Ranger Program.
Mayor Suarez: OK.
Vice Mayor Alonso: Aaahhh. That is possible.
Mayor Suarez: OK. Ma'am we are going to open the public hearing for one
statement, and one statement only, related to the courts and how the courts...
Danny, you had also... OK. We thought we had closed the public hearing. We
are going to hear from you ma'am, and then Couch, and then endo.
Commissioner Plummer: Then I have a closing statement.
Mayor Suarez: And then any Commissioner that wants to make a closing
statement. Go ahead, ma'am, very quickly. Julia Padron, is that your name.
Julia Padron: BUENAS TARDES. AYER... YO LLEVO 28 ANOS VIVIENDO EN MIAMI.
AYER YO FUI A LA CORTE DE LA 14 CALLE Y 12 AVENIDA DEL northwest PARA AYUDAR A
UNA PERSONA, Y VI DOS JUICIOS. UNO DE TRANSITO, Y VI OTRO DE FELONIA. EL
JUEZ SE LLAMABA Murray Meyerson... 0 Meyeron [sic]. ME SENTI MUY MAL. NO
DORMI ANOCHE Y LE DOY GRACIAS A DIOS QUE HE LLEGADO A ESTA CIUDAD HOY Y ESTAN
HABLANDO DE LO QUE YO QUERIA HABLAR CON EL SENOR Miller Dawkins. TODOS LOS
MUCHACHOS'QUE VI EN LOS PROBLEMAS DE TRAFICO, MAS LOS MUCHACHOS QUE VI EN LAS
FELONIAS, EL MAYOR PORCENTAGE ERAN MUCHACHOS DE COLOR. YO TENGO UN HIJO. ME
SENTI MUY MAL PORQUE YO CREO QUE EL PROBLEMA QUE HAY AQUI CON LA JUVENTUD,
TODOS LOS CASOS ERAN DROGAS, COCAINA, MARIGUANA, MANEJANDO SIN LICENCIA,
BEBIDAS ALCOHOLICAS. ME SENTI MUY MAL PORQUE ESTA CIUDAD ES MUY LINDA. YO LA
HE VISTO'CRECER. USTEDES VEN LAS NOTICIAS, LOS PROBLEMAS DE LA JUVENTUD, Y YO
CREO QUE EL PROBLEMA QUE HAY ES QUE ESOS NINOS NO TIENEN UNA CASA ADECUADA
PARA VIVIR. TODAS LAS PERSONAS QUE VIVEN AQUI SE DAN CUENTA CUANDO UNO VIENE
POR LA 95 Y COGE LA 8369 HAY UN building PINTADO DE VERDE on your right side.
EST building LLEVA` COMO 20 ANOS PINTADO DE VERDE. ESO AHORA TIENE, EN LOS
CRISTALES QUE SE HAN CAIDO, PEDAZOS DE MADERA. YO CREO QUE NADIE SE OCUPA DE
LAS PERSONAS QUE VIVEN ALLI.
TRANSLATION: Good afternoon. Yesterday I have lived in Miami for 28 years.
Yesterday I went to 14th Street and 12th Avenue N. W. to help a person, and I
30 July 16, 1992 .
had occasions to see two trials. One having to do with traffic. Another one
having to do with a felony accusation, and the Judge was Mary Myerson. I felt
very bad I didn't sleep last night. I am glad to see that you were, in fact,
on the topic that I wanted to discuss with Commissioner Miller Dawkins. All
the young people that I saw involved in the traffic cases, plus the ones that
I saw involved with felony accusations, the greater number were African -
Americans or black. I have a son. I felt very bad because I think the
problem we have here with youth, almost all the cases were drugs, cocaine,
marijuana, driving without a license and alcoholic beverages. I felt very
bad. This is a very beautiful City. I have seen it grow. You see the news.
You see the problems the youth are having, and I believe that these
children... The main problem is that these kids do not have an adequate home
environment. Everyone who lives in this areas knows that when you come down
I-95 and get on to 836, there is a building that is painted green on your
right side, and that building has been painted green for at least 20 years,
and now, apparently, it is boarded up and areas where glass has fallen. I
don't think anyone is taking care of the people.
Mayor Suarez: Ma'am, I have to tell you this. You are so far afield from
what you told the City Clerk you were going to talk about, when you talk about
this particular building. I would like you to meet with someone from the City
Staff, not related necessarily to police, about that building. I don't know
what building you are talking about. I don't know why it is boarded up. It
may be a private building. It may be a public building. It may have
something to do...
Ms. Padron: ESO ES LO QUE YO QUIERO. YO QUIERO VER COMO PODEMOS AYUDAR A
ESOS...
Mayor Suarez: OK. Wait, wait, wait, wait. Time. Time out. Time out.
Ms. Padron: OK.
Mayor Suarez: We are going to hear from one... Dan, would you approach the
mike? Ma'am would you meet... Someone from the Manager's office, please help
us, and have this lady explain about this boarded up building, and what it is
causing, and what it is. OK. Thank you ma'am, please.
Mr. Danny Couch: Good morning...
Mayor Suarez: And then the public hearing is closed and we go on to the next
item.
Commissioner Plummer: No, Danny.
Mayor Suarez: Yes, after Dan.
Mr. Couch: Good morning. I am Danny Couch. I live at 31...
Mayor Suarez: Were you the fellow who ran against Commissioner Plummer?
Mr. Couch: Yes, I am.
Mayor Suarez: Better luck next time.
31 July 16, 1992
U
Commissioner Plummer: Well, let's put it this way. He was there and he was a
gentleman, and if he runs again, not against me, I will support him. And if
he runs against me...
Mr. Couch: So if I run for Mayor you are going to support me, right?
Commissioner Plummer: ...I still might support him.
Commissioner Dawkins: In other words, get him out of your race.
Commissioner Plummer: Hey, let me tell you something.
Commissioner Dawkins: All right. No problem.
Commissioner Plummer: If I got to have opponents, let them all be like this
gentleman. He was a gentleman throughout the race.
Mayor Suarez: Very good.
Mr. Couch: I try.
Mayor Suarez: All right, sir.
Mr. Couch: Yes. My name is Danny Couch. I live at 3180 Lamb Court and the
reason I am here this morning is behalf of... I would like to commend the
Commission. I am not trying to win brownie points, that is not how I act. On
utilizing the exhibition center for the Dade County Interrelations Program,
that the Law Enforcement Task Force, which was set up by the Community
Relations Department. I would like to commend Assistant Chief Don March, as
well as Major Boyd and Chief Calvin Ross because they participated throughout
the whole process, and we have gone...
Mayor Suarez: Major Boyd is back there. She is just kind of dressed up.
Mr. Couch: We have gone Countywide and we have come to the conclusion now
that the County has now structured our Task Force up under their umbrella, so
now we know who we speak to whenever we have a problem and we come to a
conclusion. The other thing is that... I am going to digress one second.
The other portion that I want to speak to you about is the fact that, as was
spoken, I ran against Commissioner Plummer, and it was brought up about crime,
but, you know, the media plays its game, and they don't play fair sometimes,
we all know that. So, that is neither here nor there, but I still would like
to express to the Police Departments, Metro and City of Miami as well as South
Miami, their participation, and I am the Chairperson for Law Enforcement Task
Force for oversight. Thank you.
Mayor Suarez: Very good, Dan. Ladies and gentlemen...
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Plummer, and then we go right on to item 24
from our last agenda.
32 July 16, 1992
Commissioner Plummer: Very quickly a concluding statement. 1 agree with my
colleague, Commissioner Alonso, who at this particular point, I think we all
agree, we have accomplished nothing except a lot of discussion. I want to
assure my colleagues on this Commission, as you delegate as the Commission
Awareness, there are many areas of discussion with the Police Chief... will
continue, and I assure you that prior to the adoption of a budget, that I have
said, I will continue to say, without major changes, I will not vote for the
budget, and I will bring all of those matters to your attention prior to the
vote on budget.
Mayor Suarez: Very good.
4. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO
APPROVE SELECTION COMMITTEE'S FINDINGS AS TO MOST QUALIFIED FIRM TO
PROVIDE DESIGN, CONSTRUCTION, ACCEPTANCE TEST, FINANCE AND OWNERSHIP /
OPERATION OF A SOLID WASTE PROCESSING FACILITY (See label 7).
5. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF REPORT ASSESSING COSTS
AND BENEFITS ASSOCIATED WITH A CITY -OPERATED 100% CURBSIDE RECYCLING
PROGRAM AS COMPARED TO A PRIVATE CONTRACTOR OPERATION (See label 8).
Mayor Suarez: Ladies and gentlemen we are on item 24 from the last agenda.
We had deferred the item, in part, at the request of Commissioner Dawkins. I
myself had a lot of questions too, and needed to spend more time with the
item. I don't know that either one of us is totally fluent in the rather
complex issues involved here, but we are going to have to begin to grapple
with it, at least...
Vice Mayor Alonso: Yeah. But we live in a society that we get very excited
about garbage lately.
Mayor Suarez: Yeah. I saw...
Vice Mayor Alonso: Whenever the topic comes in...
Mayor Suarez: In fact, I heard it on the morning radio that they were talking
about the comparison to the smell that can come from a composting facility
being the smell of roasting pigs. Now, if that is the case, as I saw stated
somewhere, and then repeated on radio this morning, we got to really really
handle this carefully, Mr. Representative, sir, and all of you, because I
gather that if it is on public property, and certainly any property close to
people's homes, et cetera, there is going to be a great deal of opposition and
concern. So, that is one of the things that we are going to want to hear
about as to whether that is the particular smell that we are talking about.
Commissioner Plummer: Mr. Mayor, did you receive a copy from this Derrick
Murphy about making an ordinance for the Vietnamese Pot Belly Pigs?
Mayor Suarez: I don't remember seeing it...
Commissioner Plummer: I will share a copy they want...
33 July 16, 1992
-11
El
E
Mayor Suarez: ...but it may have been one of those that sort of...
Commissioner Plummer: They want an ordinance...
Mayor Suarez: ...slipped through the cracks.
Commissioner Plummer: ...making these domesticated animals and not being
limited...
Mr. Odio: Mr. Mayor.
Commissioner Plummer: I will furnish you copies for the Vietnamese Pot Belly
Pig.
Mayor Suarez: All right, sir. We appreciate that.
Mr. Odio: Before you get into the details, I want to inform the Commission
that yesterday, late, we had a meeting with the Assistant County Manager in
charge of environment in the County, and he approved an interlocal agreement,
which will come to you for final approval, that we can divert up to 120
thousand tons a year, which translates to about 500 tons a day, which is half
of the garbage we pick up.
Vice Mayor Alonso: Finally.
Mr. Odio: And also, Commissioner Plummer, pointed out to me this morning, I
think, that there should be language in the agreement saying that we are not
responsible to deliver that kind of tonnage every year, because if we don't
have it, we can't deliver it. But we do have permission from the County, and
he told me I could say it on the record today, that we can divert up to 500
tons a day.
Mayor Suarez: OK. Now the...
Commissioner Plummer: For the record,...
Mayor Suarez: Yes.
Commissioner Plummer: ...if I may, Mr. Mayor. Mr. Manager, would you state
for the record, were any of the bidding companies present at those meetings?
Mr. Odio: You think I am crazy?
Commissioner Plummer: I am asking the question on the record.
Mr. Odio: No way! No way!
Commissioner Plummer: The answer is that none of the bidding companies were
in those meetings.
Mr. Odio: Why would they be? It is my meeting with the Assistant County
Manager.
34
July 16, 1992
11
Mayor Suarez: Just yes or no, if it is at all possible, and then we can go
further.
Mr. Odio: No.
Commissioner Plummer: The... Mr. Mayor,...
Mr. Odio: No wayl
Commissioner Plummer: ...what I suggested to the Manager, and I suggest to my
colleagues, that in the contract, my concern was that most of these people
want a 20 year contract for minimum amount of handling per day, or per week,
or per month. My concern had to be that we could only guarantee that which we
had control over. Today we control "X." If, in fact, the Grove were
successful and could withdraw from the City, we would no longer have control,
and could not guarantee a minimum "X." So, what I was suggesting to the
Manager is that, in his negotiations, that a wordage be used that we could
guarantee only that which we had control over.
Mayor Suarez: Is that...
Mr. Odio: Yeah. Because...
Mayor Suarez: ...something that is clearly understood? I mean we cannot get
into a specific mathematical formula that we can guarantee for the next 20
years,...
Mr. Odio: No.
Mayor Suarez: ...and if technology changes, that is another issue. I think
it was mentioned in the correspondence from BDX that I receive, I believe,
yesterday.
Commissioner Dawkins: Mr. Mayor.
Mayor'Suarez: But, you know, we need to know that you are not going to get us
into a situation that we contract for things that we cannot in the future, in
fact, abide by.
Mr. Odio: Let me... Let me tell you... Mr. Mayor, I have to admit I got an
eye opener, yesterday, when I talked to Clemente. He is very knowledgeable of
this thing.
Mayor Suarez: You speaking about Tony Clemente, Assistant County Manager?
Mr. Odio: Yeah. And what I will do, I would like to work with Commissioner
Dawkins, who is the Commissioner Awareness on this. This is not as simple as
it looks.
Commissioner Dawkins: That is right.
Mr Odio: It is very complex.
Commissioner Dawkins: That is right.
35 July 16, 1992
Ll
Mr. Odio: But it is the future.
Commissioner Dawkins: I was just getting ready to say that. I am not voting
for this. It is complex. I don't understand it. I did not have any time
this week to see any of it. The first thing that 1s really disturbing to me
is the nationwide average for composting is seventy-eight dollars. That is
nationwide average, and we have one company that is going to do it for thirty-
six, and another company... I just... I just don't understand what they are
doing.
Commissioner Plummer: Well, you know, I raised that question and one of the
reason that I raised that question was simply because of the memos which went
back and forth in the RFP. The price was not a criteria in the selection.
Now that bothered me, and let me tell you why it bothered me. One company is
proposing at $38.50 a ton, and the next number is $60.00 a ton, and the
statement was made, well, the company at $38.50 a ton can't do it. I said,
hey, let me tell you something. They are going to put up a performance bond,
whichever company gets the contract, that if they don't perform we are going
to pull the bond, and I think that as far as I am concerned, that if the
proper escalation is set for all, and one company can do it for $38.50, and it
is the same absolute end product, I can't understand why price is not a
criteria. The matter that we have to be associated with is, if every expert
says it can't be done, and we have a performance bond, that is not my worry.
So, I am just saying that I think price is a criteria based on the numbers
which we saw, and I am sure that they are arguable, is the fact that it is a
six million dollar difference at $21.00 a ton difference, and that to me 1s
very important. So, I am saying that the Administration might not say that
price is not important, but I am telling you, to me it is.
Mr. Odio: No. When we...
Vice Mayor Alonso: It has to be during the negotiations.
Mr. Odio: We didn't say it wasn't important. What we said is that the main
ingredient here is that can the company do it, because what we have learned,
and I don't know as much as somebody else does,...
Mayor Suarez: As you answer these specific questions, why not go ahead and
give us a quick overview...
Mr. Odio: Of course.
Mayor Suarez: ...of where we are and... No. You can do that. The
Administration of what... or Ron or both of you... Where we are, what is the
process that has taken place, and what are you presenting for our approval
today.
Mr. Ron Williams (Assist. City Manager): Thank you, Mr. Mayor, and certainly
I am very pleased to hear the Commission has really followed up on this.
Commissioner Dawkins may not have had the opportunity to visit sites but,
certainly, by his comments this morning he is taking the time to understand
where we are trying to go with it. Mr. Mayor, you asked us to put forth an
RFP (request for proposals) to the private industry to see if they could come
36 July 16, 1992
J
back and put together a composting facility that would do two things, and I
want to emphasize two things. One, reduce the cost... One, reduce and
stabilize the cost of our disposal expenses in the City, and secondly, to
participate with the County, and I want to emphasize that because the
Manager's reference to Assistant City Manager [sic] Clemente is important.
They are willing to work with us, and that is in the overall reduction and
diversion of the waste stream in this City. So, we are back before you. We
have gone through that process, we a...
Mayor Suarez: Let's set the parameters on that very quickly, without too much
philosophy. We now understand that a hundred and twenty thousand dollar... a
hundred and twenty thousand tons per year can be processed by ourselves.
Mr. Odio: Yes.
Mayor Suarez: Now, that does not work out to be five hundred tons a day.
Mr. Odio: It is a.. It is about... Yeah.
Mayor Suarez: I get it to be a little less than four hundred a day.
Vice Mayor Alonso: Less. Less.
Mayor Suarez: So let's be careful...
Mr. Odio: No. Well no...
Mr. Ron Williams (Asst. City Manager): Well, I am counting 20 days a month.
Mayor Suarez: ...when we are talking because...
Mr. Odio: No. We only count 20 days a month.
Commissioner Plummer: Well, Mr. Mayor...
Mayor Suarez: On a working day basis...
Mr. Williams: Right.
Mayor Suarez: ...it works out to about 500 a day.
Mr. Odio: Yeah.
Mayor Suarez: Is that a fair parameter?
Commissioner Plummer: The terminology... The terminology that I have asked
to be imposed really makes it not important as to how many tons a day. It is
whatever...
Mr. Odio: Well.
Commissioner Plummer: ...we have...
Mr. Odio: Yes.
37 July 16, 1992
a
Commissioner Plummer: ...control...
Mr. Odio: Yes.
Commissioner Plummer: ...over.
Mr. Odio: Yes.
Mayor Suarez: That is a requirement contract, and that is an interesting
issue at law. I just wanted...
Mr. Odio: No.
Mayor Suarez: ...to know what we are thinking in terms of the typical volume
for which they...
Mr. Odio: But.
Mayor Suarez: ...are designing these plans, et cetera.
Mr. Odio: But let me point out. For us, if we are going to do this, divert
garbage means we have to save money in the dumping fee, so it is important how
many tons we can divert. I mean...
Mayor Suarez: OK.
Commissioner Dawkins: OK. Now, I need to know because I am going to have a
statement after the other item, but if you are talking... You just said in
the next item on the agenda that you are going full cycle recycling...
Mr. Odio: Yes.
Commissioner Dawkins: ...with a private company.
Mr. Williams: Right.
Mr. Odio: Yeah. Well.
Commissioner Dawkins: The private company picks up part of the tonnage...
What is going to happen to it?
Mr. Odio: Well. That is... That is...
Mayor Suarez: OK. How does that affect...
Mr. Odio: That 1s a good question.
Commissioner Dawkins: How does that affect...
Mayor Suarez: ...what we had before?
Commissioner Dawkins: ...the total tonnage?
38 July 16, 1992
Mayor Suarez: The idea of incentivizing recycling, and I am sorry I didn't
have before all of you, an article that came out in the New York Times,
because I meant to have it yesterday. But in some situations, as Commissioner
Dawkins is implying, if you go to a full recycling program... _
Mr. Odio: OK.
Mayor Suarez: ...private or public, you are going to end up with a heck of a
lot of stuff not going through the stream...
Mr. Odio: OK.
Mayor Suarez: ...of refuse, garbage, et cetera...
Mr. Odio: That is a... —
Mayor Suarez: ...because it is going to be recycled either at the source, at
their plant, private as Commissioner Dawkins is asking about, or public, or
whatever. It is a lot less trash.
Mr. Odio: That is a very good...
Mayor Suarez: Garbage, et cetera...
Mr. Odio: This is a very good point. The recycling that we have to do by
law, by 194, we have to do it... We have to be in full recycling by next year
I think. Now, this plan, composting plan, if you approve it, will be ready to
operate within two and a half years.
Mayor Suarez: OK. But when you say...
Mr. Odio: In the mean...
Mayor Suarez: ...we have to do full recycling by next year...
Mr. Odio: Ninety-four, right?
Mayor Suarez: ...and, again, answering Commissioner Dawkins' question...
Mr. Odio: Yeah. Let me finish please.
Mayor Suarez: ...what... How will that affect...
Mr. Odio: Let me finish.
Mayor Suarez: ...the steam of garbage that we will be giving to these two
bidders or...
Mr. Odio: It... It...
Mayor Suarez: ...all of the ones that are competing?
Mr..Odio: It won't. We have to work out a...
39 July 16, 1992
Vice Mayor
Alonso: Now can... Why can't
it not...
Mr. Odio:
Let me explain, Commissioner.
The deal that we have to make with
the County...
Whoever is picking up the garbage for the County has to
be tied —
that once
we go into full composting, we
are out of that... We will
have to
=
have only
part of the recycling done in
the City. Commissioner,
because --
-
remember we
are not talking about all of
the City garbage. So we are still
going to have to have...
-
Commissioner Dawkins: OK.
�w
Mr. Odio:
...recycling done in part
of the City, and we have
to have
composting
done in part of the City.
-�
Commissioner Dawkins: What... No, no, no. The total City.
Mr. Odio: The total...
Commissioner Dawkins: ...See, that is why I am confused.
Mr. Odio: No. That is what I am trying to say.
Commissioner Dawkins: What percentage... What percentage of the City is
being served by recycling now? Percentage.
Mr. Odio: I think it is two...
Mr. Williams: It is about one half, Commissioner.
Mr. Odio: One half.
Mayor Suarez: About a half of the City.
Commissioner Dawkins: Fifty percent (50%).
Mr. Odio: Fifty percent (50%).
Commissioner Dawkins: OK. Now, fifty percent (50%).
Commissioner Plummer: It is about a third.
Commissioner Dawkins: That leaves another fifty percent (50%) that has to be
done.
Mr. Odio: Yes, sir.
Commissioner Dawkins: What 1s the estimated cost for this fifty percent
(50%)?
Mr. Odio: We have 21 men and well right now you know we were lucky we got
some grants to buy the equipment, but the grants are gone. So any more
equipment and any more people will have to be paid out of our general fund by
next year. So you would have to add, I would say, another 21 people to do the
one hundred percent (100%) of recycling in the City of Miami, plus buying more
equipment.
40 July 16, 1992
Commissioner Dawkins: What is the estimated cost for the fifty percent (50%)
being collected now, in the City of Miami?
Mr. Williams: Commissioner Dawkins, let me refer you to an... That is item
34 and let me jump over to that.
Mayor Suarez: Please just give us an answer, Ron.
Mr. Odio: Just give him the number.
Mayor Suarez: Somebody has got to have an estimate how much it costs us on a
yearly basis to do half of the City's recycling. That is a very simple
question. I am sure we have that at your finger tips.
Mr. Odio: It is about... I think it 1s about half a million dollars.
Commissioner Dawkins: And I am the one said I am discussing both of them.
Mr. Odio: A million dollars.
Commissioner Dawkins: OK. I am discussing both of them.
Mr. Odio: A million dollars.
Commissioner Dawkins: A million dollars?
Mr. Odio: For half... Yes.
Commissioner Dawkins: For half of it?
Mr. Odio: Yes.
Commissioner Dawkins: So, therefore, we need two million dollars for the
total City.
Mr. Odio: Yes.
Commissioner Dawkins: OK.
Commissioner Plummer: No. That is not a true statement.
Commissioner Dawkins: All right. How many people are...
Commissioner Plummer: Excuse me.
Mr. Odio: Well, approximately that.
Commissioner Plummer: Excuse me, Miller. If you do that then you have got to
buy more trucks. That is a million dollars that we are not going to have from
the State of Florida.
Mr. Odio: But wait... Let me... Commissioner Dawkins, may I say something?
41 July 16, 1992
Commissioner Dawkins: You know. You know if somebody would let me finish...
Mr. Odio: Yeah.
Commissioner Dawkins: ...then I would be happy to entertain any other
suggestions, comments, or criticisms. It makes no difference to me. OK?
Now, how many people are employed in the recycling program?
Mr. Odio: Twenty-one.
Commissioner Dawkins: Twenty-one. So we will need 42...
Mr. Odio: About... Approximately...
Commissioner Dawkins: ...for the full program. Now, as he said, how many
vehicles are being used now, Mr. Manager?
Mr. Odio: Eight. How many? Four? - equipment we got now?
Mayor Suarez: Roughly, Ron.
Mr. Williams: Fifteen. We got a total of 15 trucks.
Mr. Odio: Fifteen trucks.
Commissioner Dawkins: Fifteen trucks. So, therefore, for the total City
there should be approximately 30 trucks.
Mr. Williams: No, sir.
Mr. Odio: No. No.
Commissioner Dawkins: All right. Well, how many?
Mr. Will isms: We have a total of 15 trucks and that, at this point, will
provide for the rest of the City. We have spares at this point.
Commissioner Dawkins: The fifteen trucks will cover the total City?
Mr. Williams: Right.
Commissioner Dawkins: All right. What is the estimated cost of operating the
15 trucks and keeping them in...
Mr. Williams: The estimated cost is two hundred and twenty-five thousand
dollars.
Commissioner Dawkins: Two, twenty-five. All right. Now, when the City, and
1f the City, goes private with recycling, what will be the cost per household
or per dwelling unit?
Mr. Williams: The contract that we are looking at which is a Dade County, I
believe, is one dollars and fifty-six cents per month.
42 July 16, 1992
Commissioner Dawkins: Per household? -
Mr. Williams: Yes. _
Commissioner Dawkins: A dollar fifty-six cents per household.
Mr. Williams: Right.
Commissioner Dawkins: How many households in the City?
Mr. Williams: Sixty thousand.
Mr. Odio: Sixty.
Commissioner Dawkins: Sixty thousand equal how many dollars?
Mr. Williams: That totally works out to approximately one million one thirty. -
Commissioner Dawkins: One million what now? _
Mr. Williams: One thirty. One hundred and thirty thousand.
Commissioner Dawkins: One point three.
Mr. Williams: Um hum. One point one three oh.
Commissioner Dawkins: One point one... All right. Say, what happens...
_=
Where will that money come from?
Mr. Williams: That money will come from two sources. The State grant that we
are receiving right now.
Commissioner Dawkins: No, no, no. There will not be a State grant...
Mr. Odio: There will not be...
Commissioner Dawkins: ...when you go full size. There will not be a State
—=
grant.
Mr. Williams: May I answer the question, please?
Commissioner Dawkins: No, no. OK. Where will the money come from when there
is no longer a State grant?
-
Mr. Odio: Out of the general fund.
Mr. Williams: Thank you. Then it will come from fees paid by the citizens
and our general fund.
Commissioner Dawkins: Beg your pardon?
Mr. Williams:. Fees paid by the citizens and our general fund.
43 July 16, 1992
Commissioner Dawkins: What is the general fund? Where does that money come
from?
Mr. Williams: Taxpayers. _
Commissioner Dawkins: From the citizens.
a =
Mr. Williams: Yes.
-_ Vice Mayor Alonso: So, from the citizens.
Commissioner Dawkins: Citizens.
Mr. Williams: Yes.
Commissioner Dawkins: So, the money will come from the citizens? Is that
correct? -
Mr. Williams: Yes, sir.
Commissioner Plummer: That is not... General fund is more than taxpayers.
Franchises are in the general fund.
Commissioner Dawkins: All right. Now, so therefore you are going to add
another dollar and fifty-six cents to whatever we are paying to pick up
garbage now.
Mr. Williams: Well, that will be your determination, Commissioner, the
Commission's determination as to whether or not you add the...
Commissioner Dawkins: No it will not be... No, no. It will not be mine, 1t
will be theirs, because I have already said no.
Mr. Williams: OK.
Commissioner Dawkins: OK. So it won't be mine.
Mr. Odio: Commissioner there will be...
Commissioner Dawkins: You know right now I am not a part of it. OK?
-_ Mr. Odio: Commissioner Dawkins, you said something that is important though.
Commissioner Dawkins: OK. Go right ahead, Mr. Manager.
Mr. Odio: On the recycling, please. What we are forgetting is that the...
-- And I learned that yesterday even more so. That there is no market for the
1
recyclables.
Commissioner Dawkins: That is right. There isn't, Mr. Manager.
Mr. Odio: So, if we keep doing recycling ourselves, we are going to be stuck
one day with a warehouse full of something.
A
44 July 16, 1992
Commissioner Dawkins: OK. That is fine.
Commissioner Plummer: Excuse me. Are you saying...
Commissioner Dawkins: OK. Now...
Mr. Odio: There is no market...
Commissioner Plummer: Did I understand that there is no market on aluminum?
Mr. Odio: It is saturated. The market is saturated and there is...
Commissioner Plummer: There is no market on aluminum?
Mr. Odio: I didn't say aluminum. I said recyclables.
Commissioner Dawkins: No. They do not leave the aluminum...
Mayor Suarez: We ought to, at some point today...
=; Mr. Williams: Very little, Commissioner Plummer.
Mayor Suarez: At some point today, we ought to clarify, and hopefully you
have at your fingertips, the answer to, if there is any market for aluminum,
for glass...
Commissioner Plummer: No.
Mayor Suarez: ...for newsprint...
Commissioner Plummer: No.
Mayor Suarez: ...which I understand, basically, there is almost no market
for, and the other metals in the recycling...
Commissioner Plummer: But there is for cardboard.
Mayor Suarez: ...stream...
Commissioner Plummer: Not for paper but for cardboard.
Mayor Suarez: ...Cardboard. And then what is the likely market going to be
as the entire nation goes to recycling, composting, et cetera, and the prices
plummet even further? So we got to keep that in mind. We have a static
question for you. What is the market now? Hopefully, you have it your
fingertips, if any.
Mr. Williams: I certainly do, Mr. Mayor.
Mayor Suarez: And then what will it be likely to be ten years down the road,
if we go into a twenty year agreement with somebody.
Commissioner Plummer: You are overlooking one main factor that has not come
up, and you have got to put that in the hopper to be a total picture. Prior
Al 45 July 16, 1992
to recycling, recycling amounts to approximately forty percent (40%) of the
tonnage that we were handling in the past. We will be eliminating that
tonnage by recycling from the county. We will not be having to pay that
tonnage. Now you take forty percent (40%) of our tonnage, at whatever the per
ton is, it is a hell of a savings of dollars. A big savings of dollars, in
just the tipping scales alone.
Commissioner Dawkins: Another illusion. OK? You just told me you are going
to charge me a dollar and fifty-six cents to pick up the garbage. That is the =-
same as the tipping fee. Now. OK?
Commissioner Plummer: The same as the...
Commissioner Dawkins: Will the private company...
Commissioner Plummer: Well wait, wait...
Commissioner Dawkins: ...have a contract, Mr. Manager? Will the private
company have a contract with the City or with each household?
Mr. Odio: No. It would have to be done...
Mr. Williams: With the City of Miami.
Commissioner Dawkins: So, therefore,... Who will pay the private hauler for
picking up the recyclables that are put on dump piles in the City of Miami?
Commissioner Plummer: We will.
Commissioner Dawkins: You are not the Manager, and your are Mr... OK?
Commissioner Plummer: I didn't speak into the microphone. I said it to
myself.
Commissioner Dawkins: Well, don't say it so loudly.
Commissioner Plummer: I would appreciate you not listening to what I say to
myself.
Commissioner Dawkins: OK. Thank you. OK
Mr. Williams: Commissioner Dawkins, the City of Miami will pay the private
contractor.
Commissioner Dawkins: All right. Now. And the City of Miami will get it
from where? You are already charging me a dollar and fifty-six cents for
recyclables. Now, where is this extra money going to come from to pay to pick
up those recyclables on the dump pile?
Mr. Williams: See, we see it another way, Commissioner.
Commissioner Dawkins: No, no, no. No, no. First I want you...
Mr. Williams: Let me explain to you.
46 July 16, 1992
Commissioner Dawkins: ...to see it my way.
Mr. Williams: OK.
Commissioner Dawkins: Then after you see it my way explain it to me, your
way.
Mr. Williams: OK.
Commissioner Dawkins: Now, you are charging me a dollar and fifty-six cents
to pick it up at my household. The private hauler tells you, I picked up 87
tons of recyclables off of the dump piles. That 87 tons costs "X" dollars.
Where will it come from?
Mr. Williams: That is the private haulers responsibility.
Mr. Odio: We are not responsible.
Commissioner Dawkins: Are you kidding?
Mr. Odio: No. Yes, sir. I am not. We are not responsible.
Commissioner Dawkins: You got to be kidding. It is not his responsibilityt
Mr. Odio: Yes, sir.
Commissioner Dawkins: You got to pay him.
Mr. Odio: No, sir. We pay them at a dollar fifty-four, and that is it.
Commissioner Dawkins: You are going to pay him a dollar fifty-six cents per
household.
Mr. Odio: And that is it.
Commissioner Dawkins: OK. Now...
Mr. Odio: They are responsible for the material, everything else that
comes...
Commissioner Dawkins: And he is going to pick up everything that is dumped on
the dump pile,that we don't even go get?
Mr. Odio: That is what they are doing.
Mr. Williams: On top of that, Mr. Dawkins, if I may.
Commissioner Dawkins: Beg your pardon?
Mr. Williams: There will be cost sharing between the City and the contractor
for the materials that are sold.
47 July 16, 1992
Commissioner Dawkins: OK. In the contract it is going to spell out... In
the contract that all the money that the private hauler can get from the City
of Miami, period, amen, is a dollar fifty-six cents a household. That is in
the contract?
Mr. Willie Hernandez: Yes.
Commissioner Plummer: Well, be truthful now.
Mr. Odio: Yes.
Commissioner Plummer: Who is this guy?
Mr. Hernandez: My name is Willie Hernandez.
Commissioner Plummer: Well, who do you work for?
Commissioner Plummer: Wait, wait, wait.
Mr. Hernandez: I am with Community Recycling, the contractor for the County.
Commissioner Dawkins: No, no, no. I don't want to hear from you. I want to
hear from my people. Have a seat.
Mayor Suarez: Please, we are sticking to staff at this point, Mr. Hernandez.
Mr. Hernandez: OK.
Commissioner Dawkins: See. Because I am not going to put these other people
at a disadvantage by having you...
Commissioner Plummer: Ron, don't mislead him.
Commissioner Dawkins: ...sell your product. No. Um -um.
Commissioner Plummer: That dollar and fifty-seven cents was only guaranteed
for three years or four years, and then an escalator kicks in for the
remaining portion of the contract.
Mr. Williams: That is correct.
Commissioner Dawkins: Other twenty years?
Commissioner Plummer: So don't mislead him. As I recall when I heard it...
Commissioner Dawkins: The other twenty years?
Commissioner Plummer: ...on cable, their guarantee to the County was for
either three years or four years and then an escalator... There would be
no...
Commissioner Dawkins: All right. What is the escalator, J.L.?
Mr. Williams: It is cost of living.
48 July 16, 1992
Commissioner Plummer: It was a CP... I think it was a cost of living
indicator. I don't remember, but all I do remember was there was a guarantee
for "X" number years, and then a guarantee that the escalator would kick in.
Commissioner Dawkins: All right. If the private hauler decides that it does
not want to perform at the assigned price, what happens then? -
Commissioner Plummer: Panic.
Mr. Williams: Well, we won't ask you to approve the contract.
Commissioner Dawkins: Beg your pardon?
Mr. Williams: We will not ask the Commission to approve the contract if they
don't..,
Commissioner Dawkins: No, you damn right...
Mr. Williams: ...agree to the conditions.
Commissioner Dawkins: ...you can't because they are not here. Come on, give
me a break! I just said if they refuse to pick up the garbage of these
recyclables and say, well hey, we can't do it for that amount of money. We
are bugging out.
Mr. Williams: Are you saying default on the contract?
Commissioner Dawkins: Yes.
Mr. Williams: Well, then it becomes a legal issue we will have in there...
Commissioner Dawkins: And while it 1s being legalized what happens?
Mr. Williams: While the contract is being developed, Commissioner?
Commissioner Dawkins: No. While we are going to court.
Mr. Odio: Well, I...
Commissioner Dawkins: Wait a minute. I will explain.. Let me... Wait a
minute.
Mr. Odio: You know what we would have to do?
Commissioner Dawkins: Wait a minute. He don't understand. Let me help him
understand first, then you can explain it for me. OK?
Mr. Odio: OK.
Commissioner Dawkins: While the contractor has defaulted on the contract, and
we, in our civilized world, decide that the way to negotiate differences is in
the court, and therefore we go to court to make the private hauler pick up
what he is not picking up, that has piled up, that is a health hazard in the
City of Miami and everything else, what happens?
49 July 16, 1992
Mr. Odio: We have... Let suppose they defaulted. We would have to pick up
the garbage with our trucks.
Commissioner Dawkins: And how are you going to pick it up when you have
already... You have no man power. You have no equipment, and you don't have
nothing dealing with recycling. How are you going to go back and pick it up?
Mr. Odio: Well, what I see is then that we are going to have to pick it up as
regular garbage, and dump it as regular garbage until we can get going again
on recycling.
Commissioner Plummer: Nah. Nah.
Commissioner Dawkins: Then you are in violation of the recycling things then.
Mr. Odio: No. He is talking...
Commissioner Plummer: No.
Mr. Odio: I mean he is talking...
Commissioner Dawkins: Hey. No, no. You are in...
Mr. Odio: Commissioner, he is asking me a supposed question.
Commissioner Plummer: You are so far offl
Commissioner Dawkins: All right. That won't work, Commissioner. That won't
work.
Commissioner Plummer: But you are so far off. This. First of... May I
interject?
Commissioner Dawkins: Yes.
i Mr. Odio: If they don't pick it up, who is going to pick it up?
Commissioner Plummer: Now, number one, this is a total ball of wax and you
are overlooking some very important factors. Number one, we are not writing
this contract. This contract 1s already in existence with Dade County. They,
Dade County, made these contractors agree to give to any municipality at the
same amount, and the same terms and conditions, as what they did for Dade
County. All right. That is number one. Number two, assuming we are going to
proceed with one of these companies to do our composting, all of the companies
have said, you will only have to make one pickup a week, where you presently
are doing three. You presently send a truck out to do the recyclables, you
send.a truck out to do the garbage, and you send a truck out to do the trash.
They say, unless I am mistaken, they all can do the same amount in the hopper
= and they will do the separation. We don't have to do the separation. Am I
correct, Mr. William?
Mr. Odio: You are correct, but...
50 July 16, 1992
Mr. Williams: Yes.
Commissioner Plummer: Now, what we are looking for, as far as I am concerned,
Mr. Dawkins, is, at best, a two year contract with this company from Dade
County, because at the end of that two years if either one of these plants are
in operation, we are not going to need that company.
Mr. Odio: No, no, no. You...
Commissioner Plummer: We are going to have one company, maybe the City, maybe
private, that is going to come in and they will run one truck down the street
and collect all three. Now, I only have one other question...
Vice Mayor Alonso: We collect. We collect.
Mr. Odio: Wait, wait. I need to clarify that. Please, please.
Commissioner Plummer: All right.
Mr. Odio: When you start this plant up, if I am correct, they will only be
able to handle at maximum...
Commissioner Dawkins: OK. OK. Now I yielded it to Plummer. I am not going
to yield to you. Forget it. OK. You all forget that.
Commissioner Plummer: I have one further question.
Commissioner Dawkins: No, no, no, no. You let... You yielded to him... No.
I am going to go ahead and finish. You should have finished.
Commissioner Plummer: Shame on you.
Commissioner Dawkins: You should not have yielded to him. OK.
Commissioner Plummer: I will not do it again.
-.= Commissioner Dawkins: Now, what is the City doing, the City, to insure that
cooking oils, automobile engine oil, dry cleaning solvents and other toxic
wastes are not poured on the ground, or dumped in our sewage system? What are
you.doing?
Mr. Williams: That is not our responsibility, Commissioner.
Commissioner Dawkins: Whose responsibility is it?
Mr. Williams: Metropolitan Dade County.
Commissioner Plummer: DERM (Department of Environmental Resources
Management).
Commissioner Dawkins: Beg your pardon?
Mr. Williams: Metropolitan Dade County, DERM. That is... We are not
responsible,...
51 July 16, 1992
Commissioner Dawkins: And all...
Mr. Williams: ...at this point, for disposal in the City.
Commissioner Dawkins: So, therefore, if I fry chicken and I put the oil in a
container and I put it in the recyclables, nothing happens.
Commissioner Plummer: In two years, we will be doing it all.
Commissioner Dawkins: Hey, it is just there. If I change my oil in my car
myself, and I decide to put it out on the curb to be picked up as recyclables,
what happens? Nothing, because that is the County's responsibility.
Mr. Williams: That is not a recyclable that is included in our program,
Commissioner Dawkins.
Commissioner Dawkins: It is in the future.
Mayor Suarez: What happens in that scenario? What happens, Ron?
Mr. Williams: Yeah. We basically would leave that material there. We would
send an inspector by and advise the citizen of what are appropriate
collectibles.
Mayor Suarez: Do you advise the County that the citation is in order.
Commissioner Plummer: That is a joke.
Mr. Williams: Well, we would refer them to Metropolitan Dade County.
Commissioner Dawkins: How can you... OK.
Commissioner Plummer: You know what they are really doing? Let me tell you
what they are doing. They are collecting...
Commissioner Dawkins: Now wait, I didn't yield to you, but go ahead.
Commissioner Plummer: ...a dollar... They are collecting... Yield to you...
fiddle sticks! They are collecting a dollar and fifty cents to dispose of a
tire. They go to Piccolo Pete, Miller's friend. They rent a warehouse for
six months. They -fill that damn warehouse with a hundred thousand tires.
They disappear after thirty days and take all those dollars and fifty cents
with them, and we have a problem as well as the man who owns that warehouse,
who now has a warehouse that he can't use, he can't rent and he has got a
hundred thousand tires that he can't get rid of.
Commissioner Dawkins: Let me take you one further, J.L.
Vice Mayor Alonso: What about... What about the monies that the State gave?
Commissioner Dawkins: The State of Florida gives Dade County "X" dollars to
dispose of waste tires. The City of Miami, as much as we have instructed the
City Attorney, and the Manager, to go after our share of those dollars, we
52 July 16, 1992
have never gotten them. The State of Florida gives Dade County "X" dollars to
dispose...
Mr. Odio: Yes.
Commissioner Dawkins: ...of old tires, and we pick them up and they charge us
a dumping fee on top of the money they are getting from the State, which 1s
double dipping.
Mr. Odio: Commissioner, you are right. Commissioner Alonso reminded me the
other day about the million and a... We are now working an interlocal
agreement where they... What they are doing they are getting a million and a
half they are going to have to share with all the municipalities.
Commissioner Dawkins: No, no, no, no.
Mr. Odio: It is a sharing...
Commissioner Dawkins: No, no, no. Mr. Manager, they have been getting 1t for
five years.
Mr. Odio: Right. They...
Commissioner Dawkins: I want my share for the five years. I don't want them
to... I do not want them to share it with me this year. I want my share for
the...
Mr. Odio: But we will be getting a share for sure.
Commissioner Dawkins: I want my share for the last five years.
Mr. Odio: OK.
Commissioner Dawkins: Now, OK, one more question, and this is to all of you.
I don't care who answers it. Since we have waste collectors who finish their
assignments in four hours, OK... Now, that is a fact because you got a time
clock over there now. OK. We can't argue. They punch in, and they punch
out." So they... In four hours they have completed their route. Is that
correct? How many hours do you pay them for? It is going to stay that. The
other vendor just told you that when the bid comes out at 500 tons a day,
their bid is going to stay at sixty. I mean we gave you our price. We are
willing give you a...
Mayor Suarez: Are you... Are you proposing, sir...
Mr. Senn: ...five million dollar bond.
Mayor Suarez: Are you proposing, I mean with all due respect, that we not
vote favorably to this motion? Because if we don't vote favorably to this
motion I think about our only alternative is to choose to negotiate with the
recommended bidder under our Code and under the RFP, I think.
Mr. Cesar Odio (City Manager): Mr. Mayor...
53 July 16, 1992
Mr. Senn: I think that you have...
Mr. Odio: Mr. Mayor.
Mr. Senn: ...an alternative and that would be to not to negotiate with the
top ranked bidder.
Mayor Suarez: I don't think that is an alternative, but if you want to try...
Vice Mayor Alonso: Our Attorney said no.
Mayor Suarez: ...to convince us that it is.
Mr. Odio: May I ask... May I ask...
Mayor Suarez: I didn't think that it was an alternative.
Mr. Odio: Can I ask a question, Mr. Mayor?
Vice Mayor Alonso: We did to ask the City Attorney.
Commissioner Dawkins: Mr. City Attorney, no. Mr. City Attorney...
Vice Mayor Alonso: We asked the City Attorney.
Commissioner Dawkins: Mr. City Attorney... Mr. City Attorney.
City Attorney Jones: Yes.
Commissioner Dawkins: Am I hearing that three companies were recommended to
the Commission, or four, and that the Commission is locked into the first and
it cannot choose to go with the second?
City Attorney Jones: That is correct.
Commissioner Dawkins: Thank you.
Mr. Odio: Mr. Mayor, on the tonnage...
Mr. Senn: For the record I would like the City Attorney to cite...
Commissioner Plummer: No, no, no, no. That is not a...
Mr. Senn: precisely where it says...
City Attorney Jones: Let me clari....
Mayor Suarez: We are not in a court of law...
Commissioner Plummer: ...a true statement.
Mayor Suarez: ...so whatever...
City Attorney Jones: Mr. Mayor, let me...
54 July 16, 1992
Mayor Suarez: No attorney is going to come into these Chambers and require
the City Attorney to cite anything. Let me put this right off the top. He is
our City Attorney, he gives us the best advise that he can. What he has said
so far, if you want to restate it, Mr. City Attorney, for our understanding,
please.
City Attorney Jones: Let me clarify that what they have given you is a
ranking of the various firms. Now, if you decide, for whatever reason, you
don't want to go with their recommendation as to the first or the top ranked
"X" firm, whatever, you could make a decision to go to the next ranked firm.
Mr. Odio: You can do that now?
City Attorney Jones: Yes. Of course.
Mr. Senn: That is precisely our position.
Mayor Suarez: All right. That has been restated.
Mr. Odio: May I ask the question?
Mayor Suarez: Yes.
Commissioner Plummer: But you see where the question is not answered and
where it is incorrectly answered, is the fact that if we send company "X" to
the Manager, as the first company, and he comes back to us and says that I
negotiated, we can turn that down and throw it out.
Mr. Odio: No, no. I am sorry, Commissioner...
Mayor Suarez: Absolutely.
City Attorney Jones: No, no, no.
Mr. Odio: ...what the Attorney is saying you can send the second one, or the
third, or the forth to negotiate with me, but you cannot go back to the other
one.
Commissioner Plummer: That was not the question.
Mr. Odio: OK. Now let me... Can I ask a question?
Commissioner Plummer: What I am saying to you 1s...
Mayor Suarez: He is also saying, Mr. Manager, that...
Mr. Odio: Yes.
Mayor Suarez: ...if we send it to negotiate with you,...
Mr. Odio: You cannot go back.
55
July 16, 1992
Mayor Suarez: ...and you came back with a recommendation, we don't need,
necessarily, to accept it. That is true too.
Mr. Odio: That is true. Now I...
Commissioner Plummer: I called the question...
Mr. Odio: I have a question on the dollars, please.
Mayor Suarez: Why do you need to do that at this point, Mr. Manager?
Mr. Odio: I think it is important.
Mayor Suarez: I just want to give, procedurally, an opportunity to this
company so that we can vote on this matter, and everybody, at lunch, can
prepare for other things.
Mr. Odio: But I think it is important for the record.
Mayor Suarez: All right, sir.
Vice Mayor Alonso: I would like to hear.
Mayor Suarez: You are the Manager. If it is important.
Mr. Odio: If they are saying $38.50 a ton - is that the price you are
guaranteeing?
Mr. Senn: That is correct.
Mr. Odio: Who pays for the host fee to the County?
Mr. Senn: We pay for the residual disposal fee.
Mr. Odio: You pay the $14.50 a ton to the County also.
Mr. Senn: That is not true.
Mr. Odio: That is the price that they gave me. Yes.
Mr. Senn: We pay for the residual disposal fee produced though our facility.
Mr. Odio: -Well, that is the host fee. Is that what it is?
Unidentified Speaker: No.
Mr. Odio: No. The County charges a host fee when you divert... On the
diversion.
Mr. Senn: We do not pay that.
Mr. Odio: If we divert five hundred thousand tons we have to pay the
County...
56 July 16, 1992
Mayor Suarez: You better get all of this clarified, if this motion passes.
Commissioner Plummer: OK. Hold on.
Mr. Odio: That is why I am asking.
Commissioner Plummer: Hold on. Mr. Mayor, there is one other big factor_
here. Let's not overlook it. _
_ (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Commissioner Plummer: When loud -mouth is finished I will continue. There is
another big issue. The different evaluations of the companies on what is a
return on profit investment to the City. I saw numbers...
Mayor Suarez: What he means by that, I believe, is what likelihood is there
that we are going to share in what is sold at the end of the process of the
residue of the recyclable stuff.
f Commissioner Plummer: Yeah. But, Mr. Mayor, as I told the one company that I
talked with just recently.
a
Mayor Suarez: I would never call that profit. I...
Commissioner Plummer: Well, call it whatever you want.
Mayor Suarez: All of this is not very profitable so...
Commissioner Plummer: Ali right. It is a return to the City. The numbers
shown to me, and 1 am sure they are arguable.
Mayor Suarez: Sale of recyclables...
Commissioner Plummer: One company would give...
Mayor Suarez: Share of...
Commissioner Plummer: ...us twenty-six hundred dollars because they would
only give us money after the first million and a half, and the other company,
on twenty-five percent (25%), estimated to give us back five hundred and
�b ninety-three thousand dollars, and I told them, "Are you going to guarantee
it?" They said, "Absolutely not." I said, "Guess what?" You are going to
guarantee me an annual minimum return." Maybe it ain't the five ninety three,
but Mr. Manager...
Mr. Odio: Yes, sir.
Commissioner Plummer: That is not... You know what I just said?
Mr. Odio: Yes, sir.
Commissioner Plummer: You better know because if it is not in the RFP I am
coming after you. OK.
57 July 16, 1992
WINE I
Mr. Villalobos: May I briefly be heard, please?
Mayor Suarez: No, no, no. Absolutely not. Please. All right. Vice Mayor
Alonso. --
Vice Mayor Alonso: Yes. I need a clarification.
Mr. Villalobos: Please don't yell at me.
Commissioner Plummer: The point I was making...
Mayor Suarez: I am going to rule you out of order, counselor, please.
Vice Mayor Alonso: Do we have then to assume that this company will have to
charge? It will cost us. They say they will give it in thirty-eight
dollars - right? - approximately, and plus fourteen. Is that the
understanding.
Mr. Odio: The County's hose fee is fourteen...
Vice Mayor Alonso: Then it will be fifty-two.
Mr. Odio: ...I believe I can negotiate that down to about six dollars. But
somebody has got...
Vice Mayor Alonso: If we have to pay it will cost us fifty-two.
Mr. Odio: Somebody has got to pay the six dollars.
Vice Mayor Alonso: At the end.
Commissioner Plummer: Hey. Excuse me. Would not... Excuse me, Mr. Mayor.
Would not all companies be subject to that?
Commissioner Dawkins: Yes.
Mr. Odio: Yes.
Commissioner Plummer: OK, so what is the problem? They are saying they don't
pay it, it is not included...
Mr. Odio: No. Let me tell you what I am...
Commissioner Plummer: Are you saying you pay it?
Mr. Odio: You know what? You know where I was coming from?
Vice Mayor Alonso: No. But it is important that they understand the
obligations.
Mayor Suarez: We certainly have to clarify if this matter ever goes back out
to RFP, Mr. Manager.
58
July 16, 1992
#s
Vice Mayor Alonso: Exactly, but they have to understand what are their
obligations...
Mr. Odio: You know what I was saying? If they are will to pay for the host
fee, I would tell you to take the deal now.
Mayor Suarez: All right, sir. Gast statement and then we are either going to
vote or we are going to continue the matter after two o'clock as the
Commissioner might want... The Commissioner might want... If they want close
off debate and vote on the motion before us. Go ahead, sir. One statement,
one minute.
Mr. Howard: Thank you, Mr. Mayor, I appreciate the opportunity once again.
You have been one year into this process. In two years State law comes into
compliance for the minimum mandate of recycling. Our request is this
Commission follow the recommendation of staff and the evaluation committee,
and if this body desires some of the comments that I have heard incorporated
into the contract, then direct the staff to do so in negotiation with us. We
are...
Commissioner Dawkins: I call...
Mr. Howard: ...prepared to discuss and negotiate each one of these issues.
We have stated, publicly, and in our proposal, the intent to employ work
force. We have put a self-imposed penalty on ourselves, in our proposal. The
only vendor to do that. If we do not meet seventy-five percent (75%)
diversion of one hundred percent (100ti) of the waste that comes into our
plant, we give you the money back plus a ten percent (1O%) penalty. We are
prepared to stand behind our proposal. We are putting our money where our
mouths are, and all we are requesting of this Commission is that they direct
staff to include, in negotiations, the items that you have just called upon.
They don't need to be in the RFP, you need to direct your staff as to what you
want to see in the contract. All we are...
Commissioner Dawkins: Mr. Mayor, I call the question. The minute is up.
Mayor Suarez: All right, sir. Here is the juncture that we are at,
Commissioners. We can vote on the motion, or we can decide to take the vote
after further discussion of this Commission. If you need to get more
questions clarified...
Vice Mayor Alonso: Well, but... No.
Commissioner Dawkins: I do not need any more questions...
Mayor Suarez: ...at two. Wait, wait, wait. Please, please, please.
...after lunch because of your concerns that we need clarifications on a very
important motion that is before us. So... But either way all debate has
stopped. Everybody just relax please. If we hear from you it will be after
lunch, if this Commission wants to continue after lunch with the debate. Now,
we do have a motion before us.
Commissioner Plummer: I have something that I feel is important to add to the
motion.
' 59 July 16, 1992
i
Mayor Suarez: Well then, probably, we ought to continue the discussion after
lunch.
Commissioner Plummer: I can do 1t in less than 30 seconds.
Vice Mayor Alonso: Put it in the mike.
Commissioner Dawkins: Then if you do it in 30 seconds then somebody else is
going to want to add something. No, no. I move that we go to lunch.
Commissioner Plummer: That is all right with me.
Mayor Suarez: All right, folks, the item is... On a motion to rebid this
item, this proposal, and we will re... Please.
Vice Mayor Alonso: With the additional... Mr. Mayor, with the additional
comments of...
Commissioner Dawkins; You know what? Hold it I am not...
Mayor Suarez: Commissioner, please, please. You are out of order. Please.
Vice Mayor Alonso: ...of price as a priority.
Mayor Suarez: We will reconvene, and I missed what you said, Vice Mayor. I
need to hear that in case it affects in any way. What I am about to say is we
would otherwise meet at 2:00 p.m. with the motion pending that this matter be
rebid. We would, of course, hear, very small amount of time, from both sides
as to why that is not a proper motion, and if that motion didn't pass we would
hear, again, possibly on the merits, but not too much more. We have heard a
lot of arguments. Now, anything on that proposal, Commissioners? Vice Mayor
and then Commissioner Dawkins.
Vice Mayor Alonso: No. We will do it when we come back.
Mayor Suarez: All right.
Commissioner Plummer: Excuse me. Did you not close the public hearing?
Mayor Suarez: Yes, sir.
Commissioner Plummer: I don't want to hear from them again.
Mayor Suarez: If the motion does not pass, and we are about to vote on one
company versus the other, they may want to have something on the merits. All
right, we are otherwise adjourned until 2:00 p.m.
- THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
-.; 12:19 P.M. AND RECONVENED AT 2:03 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT FOR VICE MAYOR ALONSO, COMMISSIONER DE YURRE
AND COMMISSIONER DAWKINS.
60 July 16, 1992 =
6. DISCUSSION CONCERNING CAMILLUS HOUSE.
Commissioner Plummer: ...signed by Mr. Herb Bailey in reference to the
Camillus House. What is upsetting me is not the fact that he is talking with
Brother Paul, which I thought Brother Paul was gone. [INAUDIBLE RESPONSE NOT
ENTERED INTO THE PUBLIC RECORD] No, this is address to Brother Paul.
[INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC RECORD] No. Brother Paul, I
read English. But it says in this letter, what irritates me, without this
Commission having any say so... "Would you have any questions or require any
additional information regarding the final negotiations of the lease between
the City and the Camillus House?"
Mr. Cesar Odio (City Manager): May I... Let me clarify.
Commissioner Plummer: Excuse me. Let me finish, please. Then I will let you
talk all you want. To my knowledge this City Commission has not set any
parameters of negotiation, and I find it difficult to understand, on the
Camillus House or any other project, when you don't have parameters set, what
can be final?
NOTE FOR THE RECORD: Vice Mayor Alonso and
Commissioner Dawkins entered the meeting at 2:04 p.m.
Mr. Odio: Well, my...
Commissioner Plummer: Sir.
Mr. Odio: Yeah. Let me explain something about that.
Commissioner Plummer: I am finished. I am telling you...
Mr. Odio: All we got... Wait. Can I explain...
Commissioner Plummer: ...that I think that somebody has overstepped their
bounds...
Mr. Odio: No.
Commissioner Plummer: ...at best. I think they have spun their wheels, at
the least...
Mr. Odio: What we were doing...
Commissioner Dawkins: What does that mean? I don't understand it.
Commissioner Plummer: Well, what I am saying here is that Mr. Bailey has
informed Brother Paul that if he doesn't get his butt down here and start
talking, they are never going to have final negotiations.
61 July 16, 1992
n
Mr. Odio: That is true.
•
Mr. Herb Bailey (Asst. City Manager): That is correct.
Commissioner Plummer: And I am saying I don't know how you can have final...
This Commission has not told you what parameters you can negotiate. At least
I don't recall.
Commissioner Dawkins: Well, I think that is what he is telling us.
Commissioner Plummer: Well, excuse me. Has the Commission ever set
parameters?
Mr. Bailey: I can't get it to the Commission until we have found...
Commissioner Plummer: But when you add the word final...
Mr. Bailey: That is not...
Commissioner Plummer: ...negotiation...
Mr. Bailey: ...final for the City. That is final for the Administration 1n
terms of this determination.
Commissioner Plummer: You don't say that, sir.
Mr. Bailey: Yeah. But...
Commissioner Plummer: You don't say that. OK?
Mr. Bailey: I mean if we are going to get semantical about it, why don't you
let me explain what the parameters that I am working under?
Commissioner Plummer: Go ahead.
Mr. Bailey: OK.
Commissioner Plummer: I think you should. Because we are liable to tell you
that you have been wasting your time.
Mr. Bailey: Well, that may be true, but why don't we explain to you where we
are. Why don't you explain it, because I have been working under his
instruction.
Mr. Odio: Let.me say something. It is no sense in discussing what we were
' trying to obtain to bring to you because they have flatly refused that, and at
this point we have no negotiations going on.
Commissioner Plummer: Well, Mr. Manager, may I strongly suggest to you in the
future, to save time, effort and I am going to call you on the carpet this
afternoon for the same thing with the Miccosukee Indians.
Mr. Odio: I never negotiated with any Indians.
.i
62 July 16, 1992
i
Commissioner Plummer: Somebody has. Somebody in this City has spent a lot of
time, letter writing and everything, with the Miccosukee Indians.
Mr. Odio: It never got to... It never got to me.
Commissioner Plummer: But we will get to that. All right. May I suggest
that when start sitting down to negotiate anything, that you come to this
Commission and say, give us your thoughts. You are the one who is finally
going to vote on the issue,...
Mr. Odio: I understand.
Commissioner Plummer: ...and you might get three votes, maybe, that says...
Commissioner Dawkins: He has got your vote anyway. It don't make no
difference.
Commissioner Plummer: Don't waste your time.
Commissioner Dawkins: Don't make no difference.
Mr. Bailey: May I make a correction?
Commissioner Plummer: Don't proceed and that will save an awful lot of time,
money and effort. But you see, let me tell you what you are doing. When you
go here and you start negotiating with these people, and this Commission has
not given you your marching orders what to negotiate with, then it comes to us
and Brother Paul says, "Mr. Bailey said final negotiations." Bull hockeyl
Mr. Bailey: Commissioner Plummer.
Commissioner Plummer: Hogwashl
Mr. Bailey: Well, Commissioner Plumper, will you hold on a minute, please?
This Commission instructed us to make an offer to Camillus House for one and a
half million dollars.
Commissioner Plummer: Um -hum.
Mr. Bailey: This Commission also instructed us to get appraisals on the
Camillus House and on the site that Camillus House was going to use.
Commissioner Plummer: We had appraisals on the Camillus House.
Mr. Bailey: Now, wait a minute. No, no. Wait a minute.
NOTE FOR THE RECORD: Commissioner De Yurre entered
e meeting at 2:10 p.m.
Commissioner Plummer: Go ahead.
63
July 16, 1992
Mr. Bailey: We got instructions from the Commission to go to that point, and
to go to that point meant that Camillus House was going to agree to accept the
one and one half million dollars that this Commission told us to offer.
Camillus House also was noing to have to agree to accept the site that this
Commission told us to offer to them. That is the final part of the
negotiation. What we are doing is at the instruction of this Commission and
the Manager.
Commissioner Plummer: Mr. Manager, since he works for you I would strongly
suggest, 1n the future, when you are going out to negotiate on behalf of the
City, that you come to the Commissioners and say, give us your thoughts.
Mr. Odio: As a matter of fact, I did that.
Commissioner Plummer: We then can set parameters based on your thoughts since
you will be voting in the final analysis.
Mr. Odio: J.L., Commissioner, may I remind you that I did that? I explained
to Commissioner Dawkins. I one time we were trying to...
Commissioner Dawkins: Wait a minute. Get Dawkins out of this. I already
told you all what you can do with Camillus House.
Mr. Odio: No, no. I know that.
Commissioner Dawkins: No. Get me out of this. OK.
Mr. Odio: But I told you that what...
Commissioner Dawkins: No, no, no. Don't put me in this.
Mr. Odio: ...I was trying to obtain was that they would move over to 12th
Avenue. That we would... And that... I told you. I think I explained to
you...
Commissioner Plummer: By the way, if you have not been by there recent. They
have a security guard outside, and they have cleaned up the area.
Commissioner Dawkins: They are not going any place. I don't know why you
guys are sitting up here arguing. The Camillus House is not moving. They are
going to be there when I die, which will be a long time from now.
Mr. Bailey: Wei 1, well... Being that you instructed us to go through this,
what are you instructing us to do now? - because I can drop it.
Commissioner Plummer: It is not a matter of dropping it.
Mayor Suarez: There is...
Vice Mayor Alonso: Excuse me.
Mayor Suarez: Wait, wait, wait. There is no resolution of this Commission
stopping the direction we are going in either.
64 July 16, 1992
Commissioner Plummer: No, no, no.
Mr. Bailey: OK.
Mayor Suarez: So, please let's not get carried away because that would really
give...
Commissioner Dawkins: If there are no directions to drop it...
Commissioner Plummer: Mr. Manager.
Commissioner Dawkins: ...and there are no directions to tell Mr. Bailey to
go...
Mayor Suarez: I think the last directions are the ones that stand.
Commissioner Dawkins: What are we doing?
Mayor Suarez: But wait a minute. Tait a minute.
Commissioner Dawkins: What are we doing?
Mayor Suarez: Commissioner, Vice Mayor Alonso.
Commissioner Dawkins: Well, what are we doing?
Vice Mayor Alonso: Yes. Last Commission Meeting, 1 requested an update of
the Camillus House.situation. Are you ready to provide that to us?
Mr. Odio: We have officially...
Vice Mayor Alonso: This is a memo of a...
Mr. Odio: We made... I send you...
Vice Mayor Alonso: ...City Manager to Commissioner Miller Dawkins...
Mr. Odio: No. That is...
Vice Mayor Alonso: ...I don't assume this is my response to me.
Mr. Odio: Commissioner,...
Vice Mayor Alonso: I said this Commission has to be informed of the status of
the negotiations, because if we want to resolve the problem of downtown, and
the homeless, we have to face the question of Camillus House.
Mr. Odio: I send you...
Vice Mayor Alonso: That is why I said, at last session, provide us,...
Mr. Odio: Right.
65 July 16, 1992
Vice Mayor Alonso: ...meaning today, with the proper information of the
status of the negotiations...
Mr. Odio: We have. We have...
Vice Mayor Alonso: ...so at some point today, I believe it is important,...
Mr. Odio: I willing...
Vice Mayor Alonso: ...and I think you should be ready for that.
Mr. Odio: I can discuss it. But I want to say that I send you copies...
Vice Mayor Alonso: I don't see it 1n the agenda though.
Mr. Odio: The agenda was closed after the last Commission... We didn't have
time to put it on.
Vice Mayor Alonso: Well, certainly, it has a new portion.
Mr. Odio: Well, we...
Vice Mayor Alonso: It had the old and the new. By the way, I have never seen
anything like this. This is quite unusual. Isn't it?
Mr. Odio: They are telling me...
Commissioner Plummer: Can I ask a question?
Mr. Odio: ...we were not instructed, Commissioner.
Commissioner Plummer: Because I heard one area of negotiations that I think
is absolutely ridiculous. It is true the Camillus House was demanding to
move, but they would not give up their old property?
Mr. Odio: Commissioner, I will answer that if you let me finish what I was
going to say before. I send you...
Commissioner Plummer: If you will answer it first, and then I will let you
editorialize.
Mr. Odio: No, no. Because you won't let me answer the first question in the
first place.
Commissloner.Plummer: All right. Editorialize first, then give me a simple
answer.
Mr. Odio: I sent you a copy of the letter making an offer to Camillus House.
After we sent them that offer, after we went and got the appraisals, I got
through; not directly, but some third party informed me that they had not
accepted that -offer. That is when I told Herb to send them the letter, and
say we want to hear it from you direct. We have, as of this time, not heard
them direct. The offer that I heard that they would make to us, indirectly,
was not acceptable to me, so I wouldn't discuss it.
66 July 16, 1992
RI
U
L]
Commissioner Plummer: Is, in fact, my question answers, yes or no, that their
demand is that they get the property on 20th Street,...
Commissioner Dawkins: Yes.
Commissioner Plummer: ...but they will not give up the property on 1st Avenue
as part of the negotiated deal?
Commissioner Dawkins: No.
Mr. Odio: Yes.
Commissioner Dawkins: And want you to lease it to them for a dollar.
Mr. Odio: Yes.
Commissioner Plummer: That is their demand?
Mr. Odio: That is one of them, yes.
Commissioner Plummer: Thank you. Then as far as I am concerned, and I am not
speaking...
Mr. Odio: Well that is what I am saying.
Commissioner Plummer: ...for my colleagues. My say to you is tell them,
"Thank you, but no, thank you." OK?
Mr. Odio: I think I did send...
Mayor Suarez: OK. Commissioners.
Vice Mayor Alonso: You know it would have been very simple if you had
prepared a simple package with information and the status in the front cover,
copies of the...
Commissioner Plummer: The parameters.
Mr. Odio: I sent you a copy of the letter that I sent them.
Vice Mayor Alonso: No, no, no.
Mr. Odio: The original offer.
Vice Mayor Alonso: The last Commission Meeting we asked for an update.
Mr. Odio: Right.
Vice Mayor Alonso: You should have prepared a simple package and a cover
letter explaining, and this is the present status. It is very simple, you are
right.
Mr. Odio: There is...
67 July 16, 1992
U
11
Vice Mayor Alonso: It would have simplified all of this...
Mr. Odio: Sure. All we have to say is we got... We have...
Vice Mayor Alonso: ...discussion, and it would have complied with our
request.
Mr. Odio: You know what you can do.
------------------------------------------------------------------------
7. (A) (Continued Discussion) REJECT FINDINGS OF SELECTION COMMITTEE
CHARGED WITH RESPONSIBILITY TO SELECT MOST QUALIFIED FIRM TO PROVIDE
DESIGN, CONSTRUCTION, ACCEPTANCE TEST, FINANCE AND OWNERSHIP / OPERATION
OF A SOLID WASTE PROCESSING FACILITY.
(B) DIRECT MANAGER TO PREPARE NEW REQUEST FOR PROPOSALS (RFP) FOR
PROFESSIONAL SERVICES -- ESTABLISH CRITERIA TO BE INCLUDED IN NEW RFP
(See label 4).
Be DEFER (TO FIRST MEETING IN SEPTEMBER ) FURTHER CONSIDERATION OF REPORT
ASSESSING COSTS / BENEFITS ASSOCIATED WITH A CITY -OPERATED 100% CURBSIDE
RECYLING PROGRAM AS COMPARED TO A PRIVATE CONTRACTOR OPERATION (See
label 5).
------------------------------------------------------------------------------
Mayor Suarez: OK. Let me state on the record where we were on the item which
is 24, and somewhat related to 34, for both sides. We have a motion before
us...
Vice Mayor Alonso: Yes.
Mayor Suarez: ...which has not been voted on which would,...
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: ...I believe, if I stated it correctly...
Commissioner Plummer: I have requested, prior to leaving, I would like to see
injected into the new RFP that there is a time -frame. I am told by Mr.
Williams that the RFP...
Mayor Suarez: Time -frame for...
Commissioner Plummer: ...whatever they feel is legitimate. Eighteen
months...
Mayor Suarez: Time -frame for what?
Commissioner Plummer: For completion.
Vice Mayor Alonso: For the completion of the...
Commissioner Plummer: From the day of award...
68 July 16, 1992
Mayor Suarez: All right.
Commissioner Plummer: ...to the day of completion, whether it is eighteen
months or twenty-four months...
Mayor Suarez: OK. We will take that as a modification...
Commissioner Plummer: ...or whatever the months is.
Mayor Suarez: I will assume that is a modification to the motion and, I
believe, the second...
Commissioner Plummer: Well, the motion was made by her. I am seconder.
Mayor Suarez: Oh. I thought it was the other way around. I thought it was
you and...
Commissioner Plummer: She either accepts my amendment or she doesn't.
Mayor Suarez: Do you accept that amendment?
Vice Mayor Alonso: Yes. As a matter of fact I insist that it is done that
way, and I would like Mr. Williams to respond whether it is reasonable to say
60-days, and also that they don't change the date once established, don't
start the same process of what they did before, that it was changed several
-
times. It is my... Sixty days, is it reasonable?
Mayor Suarez: You mean for completion of the RFP?
Vice Mayor Alonso: Yeah.
Mayor Suarez: In response thereto?
Vice Mayor Alonso: Yeah.
i
City Attorney Jones: Madam Vice Mayor.
Vice Mayor Alonso: Yeah.
City Attorney Jones: This is something I intended to raise with you before
lunch,,and, perhaps, you can give it some thought as you deliberate. I was
sitting here trying to figure out why, in fact, the City went out with an RFP
=
in the.first instance, because you could have utilized the process that is in
the Code for competitive negotiations since they are, in fact, excuse me, are,
in fact, professional services, and you wouldn't have to go through this whole
process. So, just to advise you, Mr. Mayor and the Commission, that is a
viable alternative, and I know you are concerned about time.
—^
Mayor Suarez: OK.. We haven't specified. Let's assume that the motion yet
has. not specified whether we want them to go to RFP, specifically, or
competitive negotiations. The idea would be to rebid this, in the generic
sense, and then let's get into the specifics if we may.
69 July 16, 1992
Vice Mayor Alonso: Basically what we...
Commissioner Plummer: No, no, no. We are going to decide something here,
today, is my understanding. Now, I don't care... What I am trying to
accomplish is what I said before. I want to have the availability, if I want,
to send two companies...
Vice Mayor Alonso: Exactly.
Commissioner Plummer: ...to the Manager to negotiate.
Mayor Suarez: OK.
Commissioner Plummer: Now, if that is done under...
Mayor Suarez: Let's...
Commissioner Plummer: If we can do that under an RFP, that is fine.
Mayor Suarez: Let's for purposes of procedure.
Commissioner Plummer: I got...
Mayor Suarez: So both sides know where we are.
Commissioner Plummer: I got one other thing to add to the RFP,...
Mayor Suarez: OK.
Commissioner Plummer: ...or whatever it is, with her permission.
Mayor Suarez: Yeah. If we get to that point, but please. We have a motion
in effect that rejects all bids, and begins the process again. We have not
totally designed the process. We have not specified if it is going to be a
competitive negotiating bidding, or an RFP, or the...
Commissioner Plummer: Mr. Mayor...
Vice Mayor Alonso: Including the price.
Commissioner Plummer: It was my understanding, prior to breaking at lunch,
that the public hearing was closed. New, 1f it is not...
Mayor Suarez: That is correct.
Commissioner Plummer: If the public hearing is closed.
Mayor Suarez: And we are about to take a vote on that issue.
Commissioner Plummer: Sir, I am trying to amend the motion before you do, so
that I don't have to...
Mayor Suarez: Yes. And I... But I am trying to...
70 July 16, 1992
Commissioner Plummer:
U
...make a separate motion.
1-1
Mayor Suarez: ...explain where we are just for everybody's sake, please, and
then you can make whatever amendments you want. And then, as part of the
motion, 1 understood, I believe I understood, that at least the new process
will include consideration, number one, of price,...
Vice Mayor Alonso: Exactly.
Commissioner Plummer: Right.
Mayor Suarez: ...as, at least, one criteria,...
Vice Mayor Alonso: As a priority...
Mayor Suarez: ...number two, the issue of some bond that we know for sure, I
think your side mentioned a five million dollar bond, and that sounded like a
pretty good figure. But whatever...
Commissioner Plummer: No. No less than...
Mayor Suarez: Right. And there was an issue having to do with employees that
= would, in any way, be displaced by this being hired, in fact, by the company.
I think that is something else that ought to be, at least, out there for
consideration. Now, with that motion let me... Please, as a rule of this
chair, so that we know where to go from here, just say that what we are doing
now is, if the motion passes and there is know public hearing on that, by the
way, it is just this Commission, we reject the bids, and then we discuss what
sort of new process that we are going to design, in accordance with our laws.
Is anyone, from this Commission, that wants to add anything to that that I
have maybe missed?
Commissioner Plummer: I motion that you are saying...
Vice Mayor Alonso: Yes. I...
Commissioner Plummer: ...is proper, is a motion to throw out all the bids?
Vice Mayor Alonso: Yes.
Commissioner Plummer: OK.
Commissioner Dawkins: OK. And under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: When you throw out the bids, what are going to do then?
Mayor Suarez: We are going to get to a new process that would, at least,
include the issue of price, as an important consideration. The issue of
bonding.- The issue of employees that would be displaced, and I think...
Commissioner. Dawkins: Do you plan to...
71
July 16, 1992
Mayor Suarez: Timing also, I am sorry. Timing of the bid process, and of the
completion of the plan to be no less, I think you said 18 months from the
beginning of the...
Commissioner Plummer: No. I, sir...
Vice Mayor Alonso: No wayl
Commissioner Plummer: Sir.
Vice Mayor Alonso: No wayl
Mayor Suarez: OK.
Commissioner Plummer: I am not the expert on that.
Mayor Suarez: All right.
Commissioner Plummer: That is for them to decide. What is reasonable with a
penalty...
Mayor Suarez: All right.
a Commissioner Plummer: ...applied if it is not met.
Mayor Suarez: We have yet. That would be back to us from the Manager by...
Commissioner Plummer: Of course.
Mayor Suarez: ...his analysis. Yes. Commissioner Dawkins.
Commissioner Dawkins: All right. Now.
Mayor Suarez: That is basically where we are.
Commissioner Dawkins: Now. OK. Are you going to set a 30 minute time limit
for that or are we going to be here until six or seven o'clock tonight doing
= that?
Commissioner Plummer: Well, we will be out of here by nine for sure.
Mayor Suarez: No. I would think that if the motion passes we can hear,
briefly, from both bidders who are here, and from the Administration, or
i whatever...
Commissioner Dawkins: We don't have to hear nothing from the bidders. See
that is what I am saying.
Mayor Suarez: It is closed.
Commissioner Dawkins: We are just sitting up here... No. Why? It is closed.
Mayor Suarez: Commissioner.
72 July 16, 1992
Commissioner Dawkins: The bidder...
Mayor Suarez: We don't have to hear from the bidders,...
Commissioner Dawkins: Whether we don't...
Mayor Suarez: ...if we don't like. But if you...
Commissioner Dawkins: But we don't... Well, I don't want to.
Mayor Suarez: Knowing my Commission.
Commissioner Dawkins: That is just one vote.
Mayor Suarez: Knowing my Commission.
Commissioner Dawkins: That is just one vote.
Mayor Suarez: All right. Knowing my Commission...
Commissioner Dawkins: That is just one vote.
Mayor Suarez: ...you are probably going to want to hear some of their
suggestions...
Commissioner Dawkins: No. I don't want to hear nothing from them.
Mayor Suarez: All right.
Commissioner Dawkins: I want to hear from these people...
Mayor Suarez: I know.
Commissioner Dawkins: ...that have been waiting here all day.
Mayor Suarez: I know your preference. Now, my preference Is identical to
yours, but let's see if the rest of us stick to that. OK. Yes. Vice Mayor.
Vice Mayor Alonso: OK. I would like to clarify for the record the timing.
I... Now long will it take?
Mr. Odio: At least 90 days to bring it back here.
Vice Mayor Alonso: Maximum, 90 days?
Mr. Odio: Ninety... No, that is it...
Vice Mayor Alonso: Exactly what we are going to do is basically what we have
X done. - We are doing this just for the sake of giving us the opportunity to
-' negotiate with whatever company we want to negotiate, more than one,
definitely, to order to obtain better prices for the City of Miami. That is
exactly... And as what we have in front of us, as presented by the
Administration, we don't have that opportunity. And all that we are saying is
give us that opportunity. Maybe we will go back to the same thing. We don't
' know, but we want to go through the process. So, maximum 90 days...
= 73 July 16, 1992
E -
Mr. Odio: I don't want 1t competitive.
Vice Mayor Alonso: I don't want that you change the time, once established.
It should not be postponed.
Mr. Ron Williams (Assistant City Manager): Point of clarification, Vice
Mayor. What are you expecting in 90 days now?
Vice Mayor Alonso: To complete the process.
Mr. Williams: The entire process?
bring it back to you to...
Vice Mayor Alonso: No.
Mr. Williams: ...go out.
Vice Mayor Alonso: No. Why?
Mr. Odio: To advertise?
I thought you were talking 90 days to
Vice Mayor Alonso: You are doing exactly the same thing.
Mr. Williams: No.
Mr. Odio: We have to comply...
Vice Mayor Alonso: Why should it take longer?
Mr. Odio: We have to comply with the law.
Vice Mayor Alonso: Both of you, what is the minimum time so we can waive
whatever is necessary? Let's not go into the futility of the same process
again. Wasting time and taxpayers' money.
Mayor Suarez: We should expedite it.
Vice Mayor Alonso: The sooner we act...
Mayor Suarez: We should expedite it.
Vice Mayor Alonso: ...we will be saving. Remember we are talking about he
possibility of five million saving. So, I would like to proceed as soon as
possible. If, indeed, we can save that amount of money...
Mr. Williams: Well.
Vice Mayor Alonso: ...I would like to find out.
Mr. Williams: I think two issues have to be resolved. One, what process you
choose.
74 July 16, 1992
Mayor Suarez: No. No. Right now, Mr. Williams, there is only one issue,
which is how quickly can you get this process done, if in fact the motion
passes.
Mr. Williams: Mr. Mayor, I need to know what that process...
Mayor Suarez: That is the main question.
Mr. Williams: I need to know what that process is.
Mayor Suarez: The process...
Mr. Williams: I hear the Commission debating whether you are going RFP or
competitive negotiation.
Mayor Suarez: ...would be either an RFP or negotiated bidding.
�1 Commissioner Plummer: We are going to debate that issue.
Mayor Suarez: OK. So you... To answer, you need to know which of the two we
would follow?
Mr. Williams: Absolutely.
Mayor Suarez: All right. So we will get to that in a second, but, clearly,
the Commissioners expressed, and the Manager, it would help enormously if you
would put into the record, that you are going to do this as quickly as you
possibly can. As quickly as you possibly can, just say that, please.
Mr. Odio: You need to advertise by law.
Vice Mayor Alonso: Mr. Mayor, whenever they want to do it otherwise...
Mayor Suarez: Of course, that we have to comply with the law.
Vice Mayor Alonso: They look for ways. So I am certain that they are going
to comeback...
Commissioner Plummer: Here we go.
Vice Mayor Alonso: ...in a minute and tell us exactly the same way we wanted
it done.
Mayor Suarez: All right. Very good.
Commissioner Plummer: OK. Now let me...
Mayor Suarez: As long as we have complied...
Commissioner Plummer: Can I clear up...
Mayor Suarez: ...with the law in all respect. Commissioner Plummer.
75 July 1.6, 1992
Commissioner Plummer: Can I clear up a legal matter, Mr. City Attorney.
Aside from all of the other conversation...
City Attorney Jones: Yes.
Commissioner Plummer: ...there was a question raised that I would want an
answer on the record so that it will not be confusing next time.
City Attorney Jones: OK.
Commissioner Plummer: The bids were submitted by a deadline date and time.
The bids were opened and closed. The question is, when bids are opened are
they not open and public record? If they are not, let's understand why, and
let's put it on the record. The question is, it looks like, it look like... I
am not alleging, but it looks like, hanky panky. When you open up bids, and
you immediately close them, without disclosing what is in the bids.
City Attorney Jones: Yeah.
Commissioner Plummer: Now, it was my understanding, when a bid was submitted
and it was opened, it is a public document,...
City Attorney Jones: OK.
Commissioner Plummer: ...except for proprietary... What do you call it?
Proprietary secrets.
City Attorney Jones: Proprietary, trade secrets, whatever.
Commissioner Plummer: Trade secrets.
City Attorney Jones: Yes.
Commissioner Plummer: Now, that was not the case here. Yet it is my
understanding that one of the bidders, through their attorney, had to force
the issue, when the bids were immediately resealed without anybody looking at
them, to get the City Clerk to get one copy of each bid, and seal, in her
safe, without anybody being able to look at them. Now, I got to say this to
you, sir. That looks bad at best. What is the ruling of the City Attorney?
Are they public documents? Does everybody have the right to see as I think
' they do? If it is not, let's establish it right now, so that 90 days from
today, at two o'clock in the afternoon, when the bids are open, there will be
-` no question.
City Attorney Jones: Yeah.
-- Commissioner Plummer: What is the answer?
City Attorney Jones: OK. Commissioner, technically once the bids are open
they are public records. In fact, once they are received and opened they are
public records. However, on the public records law, any public records
request is premised upon being made at a reasonable time, which has to take
into consideration, given the fact that these documents do contain trade
secrets and proprietary data, that upon opening the Administration, or
76 July 16, 1992
whomever, the Clerk, or whomever it may be, be given reasonable time to
ascertain whether, in fact, there is proprietary data or trade secrets which
cannot be divulged. So, the mere fact that, technically, once they are open
they become public documents has to be taken and considered in the context of
the caveat I have just given you.
Commissioner Plummer: Give me an idea, in this particular case, when we are
speaking of garbage,...
City Attorney Jones: Um -hum.
Commissioner Plummer: ...what is proprietary secret? I mean is it...
City Attorney Jones: Well, I can't tell you...
Commissioner Plummer: What is the proprietary secret...
City Attorney Jones: OK.
Commissioner Plummer: ...about garbage. Somebody obviously made...
City Attorney Jones: Perhaps someone in the industry can answer it. I don't
know.
Commissioner Plummer: No, no, no. Not in the industry.
Mayor Suarez: It is the ruling of this chair that this is a very interesting
question that may be relevant in a few minutes, but it is not right now.
Commissioner, please.
Commissioner Plummer: Sir, all I am trying to do...
Mayor Suarez: We are voting whether we are going to throw out the bids or
not. And then...
Commissioner Plummer: Oh. I am sorry. Did we not vote on that already?
Mayor Suarez: No. We did not.
Commissioner Plummer: Oh. I am sorry. I am sorry.
Mayor Suarez: Commissioner De Yurre wanted to be heard on that issue, and
then, please, after that let's call the vote on that.
Commissioner De Yurre: Yes. I would like to hear from the City Attorney.
Basically, we are looking at two bidders, that are here today, that from
everything that I have heard, that I have been able to decipher from what I
have heard, it is down to these two groups right here, at this point an time.
Mr. Williams: No. Just for the record...
Commissioner De Yurre: Isn't there a third group that didn't even show up,
and there is a fourth group that 1s in bankruptcy?
77 July 16, 1992
1-1
Mr. Williams: There are two other groups, Commissioner.
Commissioner De Yurre: One is in bankruptcy?
Mr. Williams: Yes.
Commissioner De Yurre: And the other one?
Mr. Williams: The other one is ranked...
Commissioner De Yurre: And the other one never showed up.
Mr. Williams: The other one is ranked second by the Committee.
Commissioner De Yurre: Did they show up?
Mr. Williams: They are not here, but they were ranked second.
Commissioner De Yurre: Well, as far as I am concerned, they are history.
Commissioner Plummer: Victor, the bankrupt group... Victor, as I understand
the bankrupt group never showed up, never made a presentation and got better
votes than some that did show up, and did make a presentation. Something
ain't kosher.
Commissioner De Yurre: Now, from the City Attorney,...
Vice Mayor Alonso: That is why we have to start over.
Commissioner De Yurre: ...can... If we were to accept the advisement of the
Administration, and start negotiations with the first group that came in
number one at the onset, can we take away from the basic parameters, which
were that the RFP... Can we then start negotiating to bring down the price to
whatever we can feel comfortable?
City Attorney Jones: No. Because as you have heard here this morning, as
this RFP went out, it did not include prices being a factor in responding to
the proposals. So I think you would... I do not think, I know, that you
would violate that process if you made a decision to negotiate with this firm,
and you over -stepped your bounds in terms of that particular parameter.
Commissioner De Yurre: Are you telling me that if the Administration were to
begin negotiations with the number one group, and it came back to us for final
approval, and we were not satisfied with the price, that we could not turn
that down?
City Attorney Jones: I am saying to you...
Commissioner De Yurre: Don't tell me what you are telling me. Answer my
question.
City Attorney Jones: OK. OK. I am answering your question. The fact of the
matter is, again, price was not listed as one of the factors for consideration
of awarding this proposal, so to the extent that that were taken into
consideration in the negotiations, I think it would be highly improper.
78 July 16, 1992
Commissioner Be Yurre: So you are telling me they can come in with a hundred
and twenty...
City Attorney Jones: Now, if...
Commissioner Be Yurre: ...instead of sixty.
City Attorney Jones: No. Now, if this particular "X" company, whatever,
wants to voluntarily proffer price reductions, or whatever, that is a
different story altogether. But, again, I would just have to caution...
Commissioner Be Yurre: So you are saying that we could not reject the final
agreement, or the best offer available, based on the price only.
City Attorney Jones: That is what I am telling you.
Commissioner De Yurre: There would have to be other reasons.
City Attorney Jones: There would have to other reasons.
Commissioner De Yurre: For us to say no, go negotiate with the next one in
line.
City Attorney Jones: that is correct.
Commissioner Be Yurre: OK. But they can volunteer any kind of price
reduction that they want.
City Attorney Jones: Sure. Absolutely.
Commissioner Be Yurre: And the Administration's position, at this time, is?
Do you want... Your recommendation is for us to approve this process? For
you to begin negotiations?
Mr. Odio: Yeah. Thirty-eight dollars a ton is great. I will take it.
Commissioner Be Yurre: With the number one group.
Mr. Odio: If they offer thirty-eight dollars a ton, yes, I will take it.
Commissioner De Yurre: OK. Now.
Mr. Odio: We would...
Commissioner Be Yurre: What is... We have been talking about losing money.
What do we stand to lose on an annual basis by not implementing this process?
Mr. Odio: Well, we have to assume that you will award it today, and that the
plan would be in operation two years from now. The savings will not come in
until the third year, when they are in operation.
Commissioner De Yurre: What would be the savings?
79 July 16, 1992
Commissioner Plummer: No.
Mr. Odio: We have no idea...
Commissioner Plummer: that is not correct. I am sorry.
Mr. Odio: ...until the final price.. Well, let me suppose, OK. Suppose in
three years from now...
Commissioner Plummer: 0ut., your 'talking... You...
Mr. Odio: Wait. He is asking me a question.
Commissioner Plummer: ...are only addressing the thirty-eight, fifty, a ton.
You are not addressing...
Mr. Odio: Would you let me finish.
Commissioner Plummer: ...the eight hundred and ninety-three thousand dollars.
Mr. Odio: What...
Commissioner Plummer: You are not even talking about that.
Mr. Odio: Would you let me finish.
Commissioner Plummer: Have we reached a point in this City where eight
hundred and ninety-three thousand dollars is not important?
Mr. Odio: I don't know what...
Commissioner Dawkins: Mr. City Attorney.
Commissioner Plummer: The profit sharing.
Commissioner Dawkins: Mr. City Attorney.
Mr. Odio: He is asking me something.
Commissioner Dawkins: Mr. City Attorney.
Commissioner Plummer: Negotiables.
City Attorney Jones: Yes, Commissioner.
Commissioner Dawkins: Mr. City Attorney.
Commissioner Plummer: Sorry.
Commissioner Dawkins: What is the motion on the floor?
Mayor Suarez: The motion on the floor is to reject all bids, Commissioner.
80 July 16, 1992
i
Commissioner Dawkins: Now, as the legal council of this Commission, I would
ask the chair to ask you to rule anybody else out of order, who is not
speaking to the motion on the floor.
Mayor Suarez: OK. Anything else? That is a good point. Anything else on
the motion...
Commissioner Dawkins: Anything else other than the motion.
j. Mayor Suarez: Anything else on the motion, and then we have got a lot...
Commissioner De Yurre. -
Commissioner De Yurre: Call the question. You know, just vote no.
Commissioner Plummer: Now, you know, I am sorry I have to disagree with my
blue brother. If a member of this Commission wants to speak, I will defend
his right to do such.
Mayor Suarez: I asked him if he had any...
Commissioner Plummer: All right.
Mayor Suarez: ...other questions. He has a right...
Commissioner Plummer: I will defend Miller's right...
Mayor Suarez: ...on that motion...
Commissioner Plummer: ....and I will defend anybody's right on this
Commission to speak.
Mayor Suarez: ...to ask any other questions. Absolutely. Unless you... We
moved the question which we have not done yet.
Commissioner De Yurre: Mr. Mayor, I am ready to vote, and I will be voting
negative in this...
Commissioner Plummer: OK. That is fine.
Commissioner De Yurre: ...and let's just get it over and done with.
Mayor Suarez: All right. On the motion. It is probably understood that we
have a motion and a second. Any further discussion? If not, please call the
roll.
81
July 16, 1992
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-474
A RESOLUTION REJECTING THE FINDINGS AND ALL RESPONSES
TO REQUESTS FOR PROPOSAL ("RFP"), NO. 90-91-0989
RECEIVED BY THE SELECTION COMMITTEE CONCERNING THE
SELECTION OF THE MOST QUALIFIED FIRMS TO PROVIDE
DESIGN, CONSTRUCTION, ACCEPTANCE TEST, FINANCE AND
OWNERSHIP/OPERATION OF A SOLID WASTE PROCESSING
FACILITY; FURTHER DIRECTING THE CITY MANAGER TO ISSUE
A NEW RFP CONTINGENT UPON PRESCRIBED SPECIFICATIONS
AND DESIGNATED IN SAID RFP, AND TO BRING SAID
RESPONSES BACK. TO THE CITY COMMISSION FOR REVIEW AND
APPROVAL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING THE ROLL CALL:
Commissioner Plummer: I am saving the Mayor to have to be embarrassed. I
vote yes.
Mayor Suarez: Well, there is a lot of good arguments you could make for
making the determination today, but it a... There is also a lot to be said
about learning more about the process. I am going to vote with the motion.
We have to specify not only the procedure to follow, the timing and the
additional new considerations...
Commissioner Plummer: Well, there is a number of things.
Mayor Suarez: ...among them... Now, you can't do it in 90 days if we go to a
regular RFP like we did before. Is that what you are saying, Ron? There is
no way to do it?
Mr. Odio: We can bring it... We will try to bring it back by the first
meeting in September.
Mayor Suarez: Mr. Manager, the question is, if we assume the same process.
Please,
82 July 16, 1992
Mr. Odio: Yeah.
Mayor Suarez: ...listen to the question. The RFB not negotiated bidding.
Mr. Odio: Right.
Mayor Suarez: Can you do it within 90 days?
Mr. Odio: I am going to bring it back, with the RFP by September loth.
Mayor Suarez: What does that mean? You are going to have the RFP for us to
approve?
Mr. Odio: We cannot... We need only by law to advertise for 15 days...
Mayor Suarez: All right.
Mr. Odio: ...then we can review... Have to go to the Selection Committee in
August sometime,...
Mayor Suarez: Right.
Mr. Odio: ...and then bring it back September loth, with our recommendation.
Mayor Suarez: With recommendation already?
Mr. Odio: Yup.
Mayor Suarez: We would be at the same juncture as we were today.
Mr. Odio: Yes.
Mayor Suarez: That is a lot less than 90 days.
Mr. Odio: Because the law says that you only have to advertise for 15 days.
Mayor Suarez: All right. Whatever. You guys know those parameters, and you
are going to follow them. OK. We can get it back here the first meeting in
September, with recommendations, having followed an RFP process similar to
whatwe have done up to know, with new parameters. The new parameters are
cost. Now, before we had said cost was not the governing factor. Are we now
saying cost is one of five factors?
Commissioner Plummer: An important factor.
Mayor Suarez: All right. Bondability, which is our assurance of knowing that
they will be able to perform, even...
Commissioner Plummer: No, no. A performance...
Mayor Suarez: ...if the market fluctuates, et cetera. I think, Commissioner
Plummer, let me throw that one in, had asked about the assurances...
83 July 16, 1992
Commissioner Plummer: Performance Bond...
Mayor Suarez: ...that we would have... Well, Performance Bond is always part
of any project of this sort. But the assurances that we would have that the _
residue, or the recyclable materials, would, in fact, give us some, what he
calls profit. Some participation in that end product sale.
Commissioner Plummer: Correct.
Mayor Suarez: We have got...
Commissioner Plummer: Wait a minute. Go back to the Performance Bond.
Mayor Suarez: What is the Performance Bond on a plant of this size.
Commissioner Plummer: OK. Excuse me. For my vote. A minimum of five
million.
Mayor Suarez: OK. That five million is to assure...
Commissioner Plummer: It don't mean they can't...
Mayor Suarez: Yes.
Commissioner Plummer: ...offer more. And I am going to look at if another
firm offers me ten million, that they are more guaranteed. That their product
is better. So, minimum of five million is what I will accept.
Mayor Suarez: That they will be able to continue the process...
Commissioner Plummer: That is right.
Mayor Suarez: ...and take care of all the tonnage...
Commissioner Plummer:
And if anything goes wrong...
Mayor Suarez: ...at the price that they...
Commissioner Plummer: ...I got less chance of having to eat it myself, me the
City.
Mayor Suarez: We have the issue of any employees that are dislocated by this
process being guaranteed, or some percentage of them, being guaranteed
employment 1n the new facility, and what else do we have?
Vice Mayor Alonso: And is it true that it will cost that employees will lose
their job?
Mr. Odio: No.
Vice Mayor A1onso: Not at all?
Mr. Odio: Because we still have to pick up the garbage though.
84
July 16, 1992
Vice Mayor Alonso: I don't know this is part of this at all.
Mr. Odio: It is not a... But we will put it in.
Mayor Suarez: That is why I put if they are displaced.
Vice Mayor Alonso: If... OK.
Mr. Odio: Now,...
Mayor Suarez: And...
Mr. Odio: ...there 1s one...
Mayor Suarez: ...don't forget site, folks. I understand that the only City
site that was proposed was Virginia Key. The more I think about that the less
I like the idea. Even if you assure us that if this process is proper, and I
think both of you have, that it will never smell, it is just hard to believe
that we are going to... OK. So site is an issue. Mr. Manager, what else did
we forget?
Mr. Odio: Time that you want the plant operating.
Vice Mayor Alonso: Time.
Mayor Suarez: The time that you want the plant. What is a reasonable period
of time for the plant to be operational?
Mr. Odio: The plan that... The part that worries me most is the permitting
part. And I think it would be fair to say from the time they obtain the
permits they must have 12 months to operate, or something like that. I am not
familiar with the plant.
Mayor Suarez: Permitting for the construction.
Mr. Odio: We don't know how much... How long the permitting will take place.
How long it will take to get permits.
Mayor Suarez: So, from the point of permitting for construction...
Mr. Odio: Then maybe 18 months after that.
Mayor Suarez: Twelve months, or eighteen months, whatever you devise, but
please put it in the RFP.
Commissioner Plummer: But who goes for the permitting? They do or we do?
Mr. Odio: They do.
Commissioner Plummer: They do. Then you better put it in there. And they
pay the expense.
Mr. Odio: That is in there.
85
July 16, 1992
Mayor Suarez: Ladies and gentlemen, and members of this Commission, and
members of...
Commissioner Plummer: Whoa. Whoa. Whoa. There is a lot more...
Mayor Suarez: ...the general public and bidders... Yes.
Commissioner Plummer: There is a lot more to add to that.
Mayor Suarez: Commissioner Plummer, what else do you want to put in, sir.
Commissioner Plummer: Well. OK.
Mayor Suarez: Remember you are going to have a shot at this RFP. Oh, no. I
guess you are not.
Commissioner Plummer: No, no, no. These are points that I want to build in
as minimum. OK? They all indicated a minimum annual guaranteed return of
profit sharing on recyclables. I want to know what that minimum annual
guarantee is, if anything. OK? I want to know about the site, which you
already talked about. I want in that that we gave no guarantee other than
tonnage which we control. No minimum guarantee on tonnage. I want the
Performance Bond no less than five million dollars. I want negotiated the
price per ton in the profit, I said that. Oh. I would like, Mr. Manager,
that you come up with a terminology that if we choose, we the City, to sell
this product to another City, that we have the right to do it. I have a
friend of mine who said can you get the tonnage for me at $38.50 a ton, I
might be interested in using your facility. I don't want that to be excluded.
OK.
Asst. Manager Williams: I think he is talking about capacity.
Commissioner Dawkins: You know...
Commissioner Plummer: No. I am not talking about capacity. I am saying that
we... You have a deal with me for thirty...
Commissioner Dawkins: You are putting in new parameters, J.L...
Commissioner Plummer: Excuse me.
Commissioner Dawkins: ...that, I mean... We are sitting up here going around
the whole... You adding new parameters that these people did not bid on, and
now they... And it is going to be...
Commissioner Plummer: Oh. That is right. That is why we are going out with
a new bid.
Commissioner Dawkins: Yeah. But, but, but they should be able to respond.
If we are going to do all this here.
Commissioner Plummer: Oh. Of course they can respond.
86 July 16, 1992
Commissioner Dawkins: I mean I don't feel like sitting up here and listening
- to them respond.
Commissioner
Plummer:
They
can respond. No problem with that.
Commissioner
Dawkins:
OK.
I tell you what...
Commissioner
Plummer:
And
the time -frame 1s the other thing.
Commissioner
Dawkins:
No,
no, see.
Commissioner
Plummer:
That
was it.
Commissioner Dawkins: You see I have already got the strength to put
something in the record already.
Mayor Suarez: All right. Commissioner Dawkins, whatever you want to put in
the record.
_ Commissioner Dawkins: Let the records reflect that Miller Dawkins never said
_ that a Commissioner up here did not have the right to speak. What Miller
Dawkins asked the City Attorney for was a clearance, an understanding on, that
anybody from the Commission speaking must speak to the motion on the floor,
and after the motion on the floor is discussed, you can talk about anything
you want.
Mayor Suarez: All right.
Commissioner Plummer: Miller.
Commissioner Dawkins: Yes.
Commissioner Plummer: "Mea culpa, mea culpa, mea maxima culpa".
Commissioner Dawkins: All right. OK. Thank you.
Mayor Suarez: All right. With those parameters we have a motion and a
second. We don't need to then get into the issue of negotiated bidding. You _
are comfortable with the RFP process as previously carried out, right?
Commissioner Plummer: And one thing we haven't talked but it was...
Mr. Odic: Wait. Wait.
Commissioner Plummer: ...the main purpose and that was that we have the
latitude to send any, or as many, as little as amount of companies to you to -_
negotiate at the same time.
Mr. Odic: And it is sealed bids, please. Sealed bids.
Commissioner Plummer: OK. That was... Now, the Mayor said that that is _=
going to be another thing. And I...
87 July 16, 1992
Mayor Suarez: Yeah. I cut you off before on that, but maybe this is the
proper moment...
Commissioner Plummer: Let's clarify it for the records...
Mr. Odio: I would rather have sealed bids.
Commissioner Plummer: ...so nobody is screaming impropriety.
Mayor Suarez: J.L. I think, with all due respect, I think what the City
Attorney is trying to indicate on that issue is that the sealed bids are
technically public records the moment they are open, but he does not recommend
us nosing around in there, because that begins to look a little bit like...
Commissioner Plummer: Not me.
Vice Mayor Alonso: We have no business looking...
Commissioner Plummer: Not me.
Mayor Suarez: Yeah. That is the problem.
Commissioner Plummer: OK. But basically...
Mayor Suarez: And there are some trade secret, or proprietary information
contained in them, and the less the people tamper with them the better.
Commissioner Plummer: Then why don't they put that in a separate envelope.
Mayor Suarez: Well, that is... The next question is, Mr...
Commissioner Plumper: Why don't they put that in a separate envelope. OK.
Mayor Suarez: ...City Attorney, if the Commission is in any way concerned of
any, tampering with what is submitted to us at the moment of opening of the
bids, what do you suggest, by way of a procedure. Please, as simple as
possible, to convince Commissioner Plummer, and the rest of us, that
everything has been kosher up to that point, and after that point.
City Attorney Jones: Ah...
Mayor Suarez: In less than five words.
City Attorney Jones: I don't know that you really need to change the
procedure other than as it is, because as they are they are opened by the
Clerk, and I think as long as the Clerk certifies once they are open, the time
that they have been opened and whatever else, and makes a record of that, I
think that that would really suffice.
Commissioner Plummer: Suffice for what?
City Attorney Jones: For the purpose of...
88 July 16, 1992
Commissioner Plummer: In other words, let me lay it on the line. Once of the
companies asked to see the other bids...
City Attorney Jones: I understand.
Commissioner Plummer: ...after they were opened and what was considered to be
public documents. They were refused the right to see the other bids.
City Attorney Jones: OK. Again...
Commissioner Plummer: Now, that has got to lead you to a suspicious trail.
City Attorney Jones: Again...
Mr. Odio: Commissioner...
City Attorney Jones: Well, again...
Mr. Odio: Excuse me one second, Quinn, will you. When we open the bids they
can sit and listen to the presentation in the Selection Committee.
Commissioner Plummer: No, sir.
Mr. Odio: They can't.
Commissioner Plummer: The bids were resealed and they were told...
Mr. Odio: Well, Matty...
Commissioner Plummer: ...that they could not see the other bids.
Mr. Odio: Well, Matty you better explain what happened.
Commissioner Plummer: Matty. That Matty supposedly, in the interest of
trying to keep peace in the family, took one copy of each bid, sealed it in
front of everybody, and placed it in her safe.
Ms. Hirai: Shouldn't that include the
Commissioner Plumper: Well, if that is not the truth, then let's find out
what i s .
Nis. Hirai : The bottom line bid information, Commissioner, at the time the
bids are open, the bottom line dollar figure is announced, then whenever there
are supposed to be secrets...
Commissioner Plummer: You mean on the bids that where the price was not
important. Go ahead.
Ms. Hirai: If the bids are supposed to contain some of this proprietary
information, we always check with the Law Department as to whether we can or
cannot.
Commissioner Plummer: But who makes that determination?
July 16, 1992
Ms. Hirai: The Law Department, sir.
Commissioner Plummer: Who does?
Ms. Hirai: The Law Department. The City Attorney.
Commissioner Plummer: Were they there at the time of the opening?
Ms. Hirai: We called them over the phone and one of their attorneys came
over, and she was present during the time...
Commissioner Plummer: And she made a determination, at that time, that there
was secret trade information.
Ms. Hirai: What we did, Commissioner, is the factual sheet, we made a copy
of, and kept under lock and key, and then the rest of it went to the
department to be evaluated.
Commissioner Plummer: Did you allow another bidder to look at the bids?
Ms. Hirai: No, sir.
Commissioner Plummer: That is my point.
Ms. Hirai: The advise from the Law Department was not to, because there was
supposed to be...
Commissioner Plummer: My point is, it gives suspicion. That there is
somebody going to play with those things after they have been opened up.
Mr. Odio: So we let them see it.
Commissioner Plummer: An indication that I heard was that one of them was
surrendered in a loose leaf form, not even bound.
Mr. Odio: No, no. Let me tell you what happened.
Commissioner Plummer: True or not...
Mr. Odio: No, no, no. No. Wait.
Commissioner Plummer: ...if you can't see the other bids...
Mr. Odio: No, no.
Commissioner Plummer: ...how the hell does he know.
Mr* Odio: Wait a minute. I was here. You know what happened? Commissioner,
you want to hear?
Commissioner Plummer: Fine.
Mr. Odio: Matty, you remember what happened?
90 July 16, 1992
Ms. Hirai: Yes.
Mr. Odio: When the bids were received upstairs by mistake, and the secretary
upstairs always opens up the mail, and when she saw what 1t was, she sent it —
down and said this is not... This is a sealed bid.
Commissioner Plummer: All the bids? —
Mr. Odio: One of them. —
Ms. Hirai: We called the... —
Commissioner Plummer: Wait a minute. Excuse me. For the record, which one
was it?
Mr, Odio: I don't remember.
Ms. Hirai: Whenever that happens, Commissioner, we immediately seal it, and
make a notation...
Commissioner Plummer: Cause the... Here again...
Ms. Hirai: ...to that effect.
Commissioner Plummer: Outside this th 4 is said...
Ms. Hirai: We make a notation to that effect.
Commissioner Plummer: ...that 1t is all wire and that it is all railroaded.
Mayor Suarez: It does not sound like, and there is no allegation,
Commissioner Plummer, that the process was in any way...
Ms. Hirai: No.
Mayor Suarez: ...lost its integrity, it was violated, or otherwise tampered
with. Now...
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: ...if you want any more assurances....
Vice Mayor Alonso: But, frankly, at this point it does not make a difference
because.:.
Mayor Suarez: Yeah. If you want any more assurances...
Vice Mayor Alonso: ...we starting all over.
Mayor,Suarez: Right.
Commissioner Plummer: All I am saying is...
91 July 16, 1992
t�
Mayor Suarez: Please, if you want any more assurances, please, work them out
with the City Attorney, and with the City Manager...
Commissioner Plummer: Sir.
Mayor Suarez: ...we don't need to go into this at this point, sir.
Commissioner Plummer: On the public record I am...
Mr. Odio: Mr. Mayor.
Commissioner Plummer: ...trying to set what is the ground rules that
everybody will play by.
Mayor Suarez: We don't have...
Commissioner Plummer: That is it.
Mayor Suarez: ...time, today, to get into all of the RFPs that the C,ty is
going to face in the future. If you are particularly concerned about this
one, please be present when they are opened. Make sure that you hear the
prices that are announced. Apparently those are announced out loud, and a
sheet is taken from each one that has that particular cost information, right?
Ms. Hirai: Yes, sir. There are also two types of submittals, Mr. Mayor.
When it is a bid, the cost is announced. When it 1s a request for
professional services, those are never opened, simply given over...
Mayor Suarez: A regular competitive bid where price is the issue, they are
opened right here in Commission Meeting, in open session before everyone, and
there is no doubt at all as to the integrity.
Commissioner Plummer: Matty, please send me a memo telling me what is so
secret about the garbage business, please. I would like to know.
MayorSuarez: That adds to the reason why I don't understand your concern. I
cannot imagine that any of this is really trade secret, that they include, but
if they do, and we want to be protective of that so we don't get sued, let the
City Attorney handle that. If at any point you think that anything ought to
be changed on that, please get back to us with those suggestions. Otherwise,
we have a motion and a second, for a new RFP, with the criteria specified, Mr.
Manager,- for you to work out, and to be presented to us, if I understood
correctly, already with the bids...
Ms. Hirai: Mr. Mayor.
Mayor Suarez: Yes, ma'am.
Ms. Hirai: Mr. Viilalobos is suggesting, since there is nothing proprietary
about price, what they are suggesting is next time, even though a member of
the Law Department may be there, just as last time, that the price be
informed.
Mayor Suarez: Yes. You can...
92 July 16, 1992
_
Ms. Hirai: In all instances...
Mayor Suarez: You can do that.
Ms. Hirai: ...and then the rest...
-
Mayor Suarez: That is...
Ms. Hirai: ..can be forward to the Law Department.
Mayor Suarez: That is absolutely no problem, if it is legal to have the...
Commissioner Plummer: Ohl That is secretive.
s'
Mayor Suarez: No, no.
Commissioner Plummer: That is hush hush.
Mayor Suarez: Not that. Not that. And anything else from the Commission, if
�'
not, we will take a vote on that. There was a motion and a second, was there
not Madame City Clerk?
Vice Mayor Alonso: Yes.
N
Mayor Suarez: Thank you.
Ms. Hirai: Not on the second portion, Mr. Mayor.
Mayor Suarez: I am sorry.
jl
Ms. Hirai: The motion we had on the first, but not on the second one.
—'
Mayor Suarez: OK. We need a motion on the second.on that.
Vice Mayor Alonso: What do you mean in the second one.
Mayor,Suarez: What was now before us...
Ms. Hirai: Passed the motion to throw out bids and then...
Mayor Suarez: ...has been suggested but I don't know if it has been moved.
If you would formally...
-w 1
f;
Ms. Hirai: These are the new parameters,...
-��
Mayor Suarez: ...move it I would appreciate it.
i
Ms. Hirai: ..and the new parameters on the...
Vice Mayor Alonso: .Give it to me again to see.
Ms. Hirai: The first motion was to throw out all the bids, and the second
21
part analyzing...
93 July 16, 1992
I
Vice Mayor Alonso: And the second we saw...
n
Ms. Hirai: ...all the different concepts to be placed into the new RFP.
Vice Mayor Alonso: Yeah.
Ms. Hirai: Yeah.
Mayor Suarez: So moved.
Vice Mayor Alonso: Yeah. I so move.
Mayor Suarez: Second.
Vice Mayor Alonso: He seconded.
Mayor Suarez: Seconded by Commissioner Dawkins. Call the roll.
The following motion was introduced by Vice Mayor Alonso, who moved its
adoption:
MOTION NO. 92-475
A MOTION DIRECTING THE CITY MANAGER TO PREPARE A NEW
REQUEST FOR PROPOSALS (RFPs), SEEKING PROFESSIONAL
SERVICES FOR THE DESIGN, CONSTRUCTION, ACCEPTANCE
TEST, FINANCE AND OWNERSHIP/OPERATION OF A SOLID WASTE
PROCESSING FACILITY WHICH SHALL INCLUDE THE FOLLOWING
CRITERIA:
1) COST SHALL BE A MOST IMPORTANT FACTOR;
2) A BOND SHALL BE POSTED (NO LESS THAN $5,000,000)
GIVING THE CITY ASSURANCE THAT THE AWARDED FIRM WILL
BE ABLE TO PERFORM DESPITE ANY FLUCTUATIONS IN THE
MARKET;
3) THE CITY WILL BE ABLE TO SELL THE END PRODUCT FROM
RECYCLABLE MATERIALS;
4) THE PROPOSED SOLID WASTE PROCESSING FACILITY WILL
EMPLOY IN THE NEW FACILITY A DESIGNATED PERCENTAGE OF
EMPLOYEES WHO MAY BE DISLOCATED AS A RESULT OF SAID
PROCESSING FACILITY;
5) THE NEW SOLID WASTE PROCESSING FACILITY MUST BE
OPERATING 12 TO 18 MONTHS FROM THE DAY PERMITS ARE
OBTAINED;
6) THE COST OF PERMITS SHALL BE BORNE BY THE
SUCCESSFUL BIDDER;
7) THERE MUST BE A MINIMUM ANNUAL GUARANTEED RETURN
TO THE CITY OF PROFIT-SHARING ON RECYCLABLES;
8) THERE MUST BE NO MINIMUM GUARANTEE OF TONNAGE TO
THE AWARDED FIRM;
9) THERE MUST BE A NEGOTIATED PRICE PER TON IN THE
PROFIT;
10) THE CITY MAY SELL THIS PRODUCT TO ANOTHER CITY.
94
July 16, 1992
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING THE ROLL CALL:
Commissioner Plummer: The motion is as I understand
to go pack out. The
answer is yes.
-
Commissioner Dawkins: No, no. We passed that long ago.
Vice Mayor Alonso: That one you already voted on.
Commissioner Plummer: We go back out.
Mayor Suarez: To go back out, yes.
Ms. Hirai: This second motion...
_
Mayor Suarez: Yes. He understands back out as meaning
back in.
Ms. Hirai: Yeah. Yes.
Mayor Suarez: Allright.
Commissioner Plummer: The answer is yes.
—
Mayor Suarez:' Item 34 is very related, but...
- =
Commissioner Plummer: Does she say Mayor Clark?
Vice Mayor Alonso: Hum?
Commissioner Plummer: Did she say Mayor Clark?
-_
--
Vice Mayor Alonso: She did?
Mayor Suarez: No. Didn't say Mayor Clark. Nobody said Mayor Clark. Mayor
Clark had his qualifying deadline a couple of days ago.
Vine Mayor Alonso: He is somewhere in the County.
Commissioner Plummer: Boy, was he lucky. Who are
those two guys running
against him.
=
—
Mayor Suarez: One of them is the Chairman of our Youth
Task Force.
--
95
July 16, 1992
11
Commissioner Plummer: You are kidding.
Mayor Suarez: With the...
Commissioner Plummer: Rasha Shons wasn't around.
Mayor Suarez: With the glorious first name of Xavier.
Mr. Williams: That is what it sounds like.
Vice Mayor Alonso: It doesn't make any difference what they do now. It is
going to be up to the judge.
Mayor Suarez: And of course we don't know what the judge is going to rule.
What, if anything, do we need to speak about on item 34.
Commissioner Plummer: Thirty-four. Oh. Yeah.
Mr. Williams: Yes, Mr. Mayor. This is the item concerning our recycling
program, and we presented to you an analysis that we believe it shows that it
is more economical for the City to consider joining the County's contract. We
talked a bit about it, but I would ask your permission to allow the City
Manager to sit with the...
Mayor Suarez: OK. In particularly in view of what we done just now, and what
we are contemplating doing by way of composting, is that in anyway affect what
you want us to do on 34.
Mr. Williams: No.
Commissioner Plummer: Yeah. Oh yes...
Mr. Williams: No.
Commssioner Plummer:
Mr. Williams: No.
No, no, no. Yes it does.
Commissioner Plummer: Two years with two one year options. You don't want to
get tied in longer than that. That was my understanding.
Mr. Williams: Oh, oh. No problem with that. We think that we have the
ability to -pull out whenever we need to.
Commissioner Plummer: Well, well, make it clear in this motion.
Mr. Williams: But the point now, we need to proceed with the recycling
program,...
Commissioner Plummer: And I understand...
Mr. Williams: ...until such time as all this is resolved.
96 July 16, 1992
Commissioner Plummer: It is my understanding... Mr. Banditto [sic].
Mr. Robert Menditto: Yeah.
Commissioner Plummer: It is my understanding that the union have put their
blessing on this item. For the record, you name and mailing address.
Mr. Menditto: For the record it is Menditto, not Banditto.
Commissioner Plummer: My Spanish is bad. My Italian is worse.
Mr. Menditto: Robert Menditto, Sanitation Employees Association, 2300 N.W.
14th Street.
Commissioner Plummer: Camillus House west.
Mr. Menditto: On this item here we agreed with the Executive Board of the SEA
(Sanitation Employees Association), the President, to go along with the
recycling for concessions.
Commissioner Plummer: For what?
Mr. Menditto: For concessions for the SEA.
Commissioner Dawkins: What are the concessions?
Commissioner Plummer: Whoa. Wait a minute. What are the concessions.
Mr. Menditto: OK. Let me give them to you.
Commissioner Dawkins: Give them to me. I... Thank you.
Commissioner Plummer: Please.
Mr. Menditto: No problem. No layoffs. No standby laborers gone.
Commissioner Dawkins: No layoffs for how long? One year, two years, eighteen
years, fifteen years.
Mr. Menditto: No. There is no set date on it.
Commissioner Dawkins: All right, look. Beg your pardon.
Mr. Menditto: No set date on it.
Commissioner Dawkins: So, therefore, he... So that agreement that you had...
Mr. Menditto: We have a contract until 194.
Commissioner Plummer: No layoffs. No stand... No ninety -nines.
Commissioner Dawkins: Wait a minute. Wait, J. L.
Mr. Menditto: No layoffs of ninety -nines either.
97
July 16, 1992
Commissioner Dawkins: OK.
Mr. Menditto: All ninety -nines will be working.
Commissioner Dawkins: That is through 199. Through 194.
Mr. Menditto: Through 194.
Vice Mayor Alonso: The contract is through 194.
=i Mr. Menditto: That is when our contract expires.
Commissioner Dawkins: OK. OK. I have some questions after Commissioner...
Commissioner Plummer: Well, well. Wait a minute. You said no standby labor?
Mr. Menditto: No. I said there will be layoff of standby laborers.
Commissioner Plummer: Well, now. Wait a minute. Is there established the
number of what is standby today?
Commissioner Dawkins: Yes.
Connlssioner Plummer: How many is the standby today?
-- Mr. Menditto: We have sixty-eight, seventy-two, something like that.
Commissioner Dawkins: Seventy-two.
Commissioner Plummer: Mr. Manager, what is your number as to standby labor,
ninety -nines?
Mr. Odio: Seventy-two.
Commissioner Plummer: So that means that seventy-two must be maintained,
standbys, until 194.
Commissioner Plummer: Nobody told me this, Mr. Manager.
Mr. Odio: Nobody agreed to that before.
Commissioner Dawkins: So what. You aren't supposed to know everything.
Mr. Odio: This is... This is... Wait a minute, Commissioner. This is the
first time that I have heard of this, and they don't...
Mr. Menditto: OK. No, we agreed to no stand...
Commissioner Plummer: Well, wait a minute. Are there
any other concessions?
Mr. Odio: No. Don't say what I agree. I no what I agree. We never talked
about that.
98 July 16, 1992
Mr. Menditto: let me finish. We agreed there would be no layoffs.
Commissioner Plummer: Right.
Mr. Menditto: We are going to look at the way garbage is being picked up.
Commissioner Plummer: Wait. What about natural attrition?
Mr. Menditto: Through attrition you are not going to hire anybody.
Commissioner Plummer: OK. But attrition... You are not saying that we have
to maintain a number. You are just saying there will be no layoffs. If a
hundred people, God forbid, were to die tomorrow, there is a hundred less in
the department.
Mr. Menditto: That is the way it looks like. Yes.
Commissioner Plummer: Oh. OK. I am just asking the question.
Mayor Suarez: We all agree on that.
Commissioner Plummer: Well, no. Excuse me. As it relates to ninety -nines he
stipulated a number, and it cannot drop below that number. That is a
different story.
Mr. Menditto: Well, you are not hiring anymore standby laborers. There no
more being hired.
Commissioner Plummer: We have seventy-two.
Mr. Menditto: Correct.
Commissioner Plummer: What you said was that we could not have less than
seventy-two.
Commissioner Dawkins: And the Mayor... The Manager is saying he didn't agree
to nothing.
Commissioner Plummer: OK.
Commissioner Dawkins: So, now, somebody is in error.
Commissioner Plummer: Well, I want to hear what it is...
Mr. Menditto: Now, as part of that... As part of that we are going to change
the way the garbage and everything is being picked up.
Commissioner Dawkins: And the Manager agreed to this.
Mr. Odio: Yes.
Mr. Menditto: Yes.
99 July 16, 1992
AOL
Commissioner Dawkins: Well, wait. Now, hold it now. Why would the Manager
agree to half of what you are saying, and not agree to all of what you are
saying?
Mr. Odio: Because I never heard of the seventy-two before until today.
Mr. Menditto: Well, we have seventy-two standby laborers, and when we left
the meeting there was no standby laborers...
Mr. Odio: Do you have a letter... Do you have a letter from me?
Mayor Suarez: Here is what I think you are both saying, folks, before you get
in...
Mr. Menditto: I haven't even seen a letter yet.
Vice Mayor Alonso: No layoffs.
Mayor Suarez: That you are not going to get rid of any of the ninety -nines.
That doesn't mean that you can't slowly place them into full time with
attrition, and otherwise. But I believe you have stated that you are not
about to fire any of the ninety -nines.
Mr. Odio: I would not, but I...
Mayor Suarez: Or lay them off.
Mr. Odio: But what I resent is that we have a meeting. Meetings, and
meetings, and I send them a memo saying what I would do, and that he says that
I agree to the seventy-two, that is not true.
Mayor Suarez: But it would not... No. He didn't agree that it would be,
specifically, seventy-two, because some of those get absorbed into the regular
work force.
Mr. Menditto: That is fine. That is fine.
Mayor Suarez: Right. Very good.
Mr. Menditto: I am saying we are not losing any people in the department.
Mayor Suarez: By the way, if you...
Mr. Odio: I... I have... I have stated...
Mr. Menditto: Except through attrition.
�7 Mayor Suarez: Nobody is being laid off?,
_ Mr. Odio: That is true.
Mr. Menditto: Correct.
100 July 16, 1992
Mayor Suarez: Right. Because if you say you are not losing any people, the
total number may be less.
Mr. Menditto: Through... Through layoffs.
Mayor Suarez: Folks, in case you are wondering what a ninety-nine is, and why
it came to be called a ninety-nine, it is because...
Mr. Odio: Because there were ninety-nine of them.
Mayor Suarez: ...there were ninety-nine of them. At one point there were
substitute solid waste employees in case somebody didn't show up because of
problems of illness. Why it had to be ninety-nine God knows, and now we are
down to seventy-two, ninety -nines, figure that out. Yes, Commissioner
Dawkins.
Commissioner Dawkins: Are you finished, sir. [INAUDIBLE RESPONSE NOT ENTERED
INTO THE PUBLIC RECORD] OK. I will wait.
Commissioner Plummer: I am not finished. I want to know when you make a
statement, what go further. What means you are going to change the way that
you pick up garbage.
Mr. Odio: Three men per...
Commissioner Plummer: Is that a ten dollar change...
Mr. Odio: No.
Commissioner Plummer: ...or a million dollar change?
Mr. Odio: No, no, no.
Commissioner Plummer: I don't know.
Mr. Odio: I will tell you. It is...
Commissioner Plummer: Somebody better tell me or I am...
- Mr. Odio: Well, will you let us talk?
Commissioner Plummer: ...ready to defer the item.
Mr. Menditto: OK. We are looking at ways of picking up the garbage with
three men to a truck, with barrels with wheels on them, and automatic dumpers
on the back of the garbage truck. The people that are left...
Mr. Odio: Excuse me, Bob. We are going from five men per truck to three men
per truck in this system.
Commissioner Plummer: And what is this system going to cost us to implement?
Commissioner Dawkins: Hello.
N
101
July 16, 1992
I
2
Mr. Odio: Nothing. Very little.
using...
n
It is just a tittle cart that they are
Commissioner Dawkins: it is impossible not to cost nothing. You got to buy
the barrels with the wheels on them.
Mr. Odio: No, no, no. The barrels have the wheels on them.
Commissioner Plummer: This is crazy.
Mr. Odio: These are...
Commissioner Dawkins: Beg your pardon.
Mr. Odio: The carts, well, OK...
Commissioner Dawkins: That carts got to have...
Mr. Menditto: The carts have wheels on them to be rolled.
Commissioner Dawkins: What carts?
Commissioner Plummer: I make a motion that this matter be deferred until the
next Commission Meeting. [INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC
RECORD] Cesar, I don't have the facts in front of me. Don't ask me to vote
on something...
Commissioner Dawkins: Hee, whoo... I second the motion.
Commissioner Plummer: ...that I don't have the facts on.
Commissioner Plummer: But wait. Don' go no place. I got something to say
after the motion. I second the motion.
Commissioner Plummer: I am entitled to know the facts. Now, you all do what
you want.
Commissioner Dawkins: There is a motion on the floor second to the...
Commissioner Plummer: You all want to railroad the thing, I am sorry. I was
prepared to vote for it. OK? I thought it was a good deal. It is saving the
City money, but I didn't know about concessions, and now when you are talking
concessions, I got to know what is the offset cost.
Commissioner Dawkins: The motion made to defer, Mr. Manager.
Mr. Odio: There 1s no offset cost. On the contrary, it is to your benefit to
go from five men per truck to three.
Commissioner Plummer: I total agree.
Mr. Odio: Then go ahead and postpone it.
102 July 16, 1992
s +�
Commissioner Plummer: But what is... When you can't answer for me what
modifications have got to be made to the trucks...
Mr. Odio: May I explain?
Commissioner Plummer: ...to accommodate...
Mr. Odio: If you explain we know what we have to do. They brought...
Commissioner Plummer: Why didn't somebody tell me?
Mr. Odio: They brought us the system.
Commissioner Dawkins: Tell us prior to today. OK? All of this should have
been discussed with us...
Mr. Odio: but this...
Commissioner Dawkins: ...prior to today. What you are discussing is not what
is on the agenda.
Mr. Odio: That is correct. You are right.
Commissioner Plummer: Look. Mr. Mayor. Mr. Mayor.
Mr. Odio: All we are recommending today is that you go and contract with the
private sector to pick up recycling, because we cannot do it.
Commissioner Plummer: I will vote for that, but not with the promise that I
will give concessions to the union.
Mr. Odio: Fine.
Commissioner Plummer: I can't do that...
Mr. Odio: Vote for that.
Commissioner Plummer: ...without knowing.
Mr. Odio: Vote for -that, and we will bring the others back.
Commissioner Dawkins: G0000d! I like. See are you getting sold out, boy. I
told you you all... OK. All right.
Commissioner Plummer: Then I feel we are breaking faith with the union.
Commissioner Dawkins: Good. All right. Good.
Mayor Suarez: One quick question on what was before us...
Commissioner Dawkins: All right.
Mayor Suarez: ...and I am not sure it will be before us...
103 July 16, 1992
Commissioner Dawkins: OK.
Mayor Suarez: ...because I want to clarify something, please.
Commissioner Dawkins: Wait a minute. Say what, now.
Mayor Suarez: I just want to clarify something. When you were proposing to
go to this private recycling, it was elective for the citizens, it was not
mandatory?
Mr. Odio: No, no, no. it was mandatory.
Mayor Suarez: So everyone in the City would have to, as of that moment,
recycle and pay one fifty-six per month,...
Mr. Odio: It is...
Mayor Suarez: ...per household?
Mr. Odio: It is mandatory. We have to go to recycling, period, by State
mandate.
Mayor Suarez: All right. We have a motion to defer then. I have an
additional reason to vote for the motion to defer.
Commissioner Plummer: Mr., Mr. Man...
Commissioner Dawkins: All right. It has been moved and seconded.
Commissioner Plummer: All right.
Commissioner Dawkins: Call the roll.
Commissioner Plummer: And as far as the deferment, I would accept, if the
Manager can come back before nine o'clock tonight, where I have the time to
read a paper...
Commissioner Dawkins: Oh. Hold it. I withdraw my second.
_ Commissioner Plummer: Then all right...
Commissioner Dawkins: You see, J.L., you are playing games. All you are
doing is pacifying the Manager over there now.
Commissioner Plummer: Go with your deferment.
Commissioner Dawkins: Yes, you are. I withdraw the motion.
Commissioner Plummer: Go with your deferment.
J Commissioner.Dawklns: I withdraw the second.
Mayor Suarez: We have a motion to defer, and it has been duly seconded. Any
discussion from the Commission. If not, please call the roll.
104 July 16, 1992
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-476
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM A-34
(REPORT ASSESSING THE COSTS AND BENEFITS ASSOCIATED
WITH A CITY -OPERATED 100% CURBSIDE RECYCLING PROGRAM
COMPARED TO A PRIVATE CONTRACTOR OPERATION) TO THE
CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR
SEPTEMBER 10, 1992.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
Mayor Suarez: I think a lot of motions are deferred in the past.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes., Commissioner.
Commissioner Dawkins: I would like to get the feel of this Commission. I
would like to either draft a resolution, to put on the November ballot, the
fact that we are going out for private haulers and that the citizens of the
City of Miami will be taxed a users fee, and explain to them...
Mayor Suarez: Recycle?
Commissioner Dawkins: ...in a... Yes. ...in a straw ballot. Nonbinding
straw ballot. But I have been here long enough to understand that the only
way the citizens know what is happening to them, is that you explain it to
them.
Commissioner Plummer: I don't understand.
Commissioner. Dawkins: So I would like to move that a resolution be
prepared... What is the latest date we need to get it on the November 4th?
Commissioner Plummer: Forty-five days.
Mayor Suarez: It would be the first meeting in September, I believe.
Commissioner Dawkins: All right. I would like permission to ask...
105 July 16, 1992
Mayor Suarez: You don't make it if it is by the 24th of September.
Vice Mayor Alonso: No. It has to be the third...
Commissioner Dawkins: I have a resolution calling for...
Vice Mayor Alonso: ...at our meeting in September.
Commissioner Dawkins: ...a special election for nonbinding...
City Attorney Jones: No. You would have... Commissioner, you would have to
do it before September 4.
Mayor Suarez: I don't think so.
City Attorney Jones: So which means since you don't have any meetings in
August, you would have to do it today.
Mayor Suarez: He is talking about a nonbinding...
City Attorney Jones: Yeah.
Mayor Suarez: ...referendum question.
Commissioner Dawkins: OK. All right.
-= City Attorney Jones: Still the deadline for getting it on...
Commissioner Dawkins: Well, I would like to ask that the...
City Attorney Jones: ...would be the same.
Commissioner Dawkins: ...City Attorney prepare a resolution on the curbside,
and on the construction of that composting plant, and have it back here by
eight thirty, because if I tell him nine o'clock we won't be here.
Commissioner Plummer: Wait a minute. Curbside?
Commissioner Dawkins: Yeah.
Commissioner Plummer: Don't bring it back for me. Don't bring it back for
me. You are wasting my time.
Commissioner Dawkins: Well that is... Hey. You just... That is what...
Hey. One vote for it. That is me. One vote against it. Bring it back and
lets see what the others...
Mayor Suarez: You want a separate...
City Attorney Jones: Commissioner.
Mayor Suarez: ...nonbinding referendum question on curbside pickup?
Commissioner Dawkins: Yes, sir.
106 July 16, 1992
E-
City Attorney Jones: Commissioner, and Mr. Mayor, I have just been informed
for the nonbinding you are right, it is September 11th. We haven't...
Commissioner Dawkins: OK. All right. I would move that it be brought back
at the meeting and give us all a time for it...
City Attorney Jones: September loth?
Commissioner Dawkins: ...to be prepared and send it to us to review, Mr.
Mayor, and then look at it.
Mayor Suarez: OK.
Commissioner Plummer: Why non...
Mayor Suarez: Do you also want one on...
Commissioner Plummer: Why nonbinding?
Mayor Suarez: ...the issue of the composting plants and all of that?
Commissioner Dawkins: Yeah. You see, and the only part that I am saying is,
and I want everybody up here to hear this. The three people who got to run is
Miller Dawkins, Mayor Suarez and Miriam Alonso. Plummer does not have to run.
So Plummer don't care whether you inform the citizens or not, because he don't
have to run.
Commissioner Plummer: No. That is not a true statement.
Commissioner Dawkins: Well then tell me what you are saying then.
Commissioner Plummer: Well, let me give you a true statement.
Commissioner Dawkins: OK. Please.
Commissioner Plummer: We have gone out three different occasions to the
public of this City, saying,."Would you agree to go to curbside?" I beg you
to look at the result...
Commissioner Dawkins: All I said...
Commissioner Plummer: ...that they overwhelmingly said, no.
V3'
Commissioner Dawkins: All I said to you was...
Vice Mayor Alonso: They voted yes. They voted yes.
Commissioner Dawkins: I said to you was...
.x
Commissioner Plummer: To go to curbside?
Commissioner Dawkins: ...it would be a non...
107 July 16, 1992
Commissioner Plummer: When?
Commissioner Dawkins: No. Never. Never said yes.
Commissioner Plummer: Not curbside. No.
Commissioner Dawkins: No. Not curbside.
Vice Mayor Alonso: the straw ballot...
Commissioner Dawkins: No, sir. OK. Never mind. All I want you to do is
inform the public of what you are doing. I said a nonbinding vote.
Nonbinding straw vote.
Vice Mayor Alonso: I don't think they want it. But I believe they voted yes.
But the truth is...
Commissioner Plummer: Well, I'll tell you what I will do.
Vice Mayor Alonso: ...they don't know what they were doing.
Commissioner Plummer: I'll tell you what. Let me change your mind. I'll
make a motion that it goes to the ballot, but it is binding. If we are going
to do it, let's do it.
Commissioner Dawkins: I second the motion.
Commissioner Plummer: No straw.
Commissioner Dawkins: I second the motion.
Mayor Suarez: Which one do you want to make binding referendum?
Commissioner Plummer: Hey. Put it all to the public.
Mayor Suarez: Which one do you want to make?
Commissioner Plummer: Let them decide. Also you have got to be...
Commissioner Dawkins: Which one you want to make...
Commissioner Plummer: ...honest.
Vice Mayor Alonso: ...the motion now.
Commissioner Dawkins: ...of the two, which one you going to make binding?
Commissioner De Yurre: And then you have the choice of going...
Commissioner Plummer: Whatever you put on...
Commissioner De Yurre: ...public, or doing it privately.
108 July 16, 1992
0 io
Commissioner Plummer: That is right. That is right. Because you know what
you are playing with. You are playing with going totally private for the
total Sanitation Department.
Commissioner Dawkins: No, you are not. You are not.
Commissioner Plummer: Well, what are you doing?
Commissioner Dawkins: You are not toying with that.
Commissioner Plummer: What are you doing?
Commissioner Dawkins: Your are toying, again, and I am going to say this till
nine o'clock tonight.
Commissioner Plummer: OK.
Commissioner Dawkins: Again, you are playing the David Copperfield, smoke
mirror illusion.
Commissioner Plummer: Voodoo politics.
Mayor Suarez: OK.
Commissioner
Dawkins:
We are telling the people what we want to tell them,
but you are not
telling
them what they ought to know,...
Mayor Suarez:
Folks, what do you...
Commissioner
Dawkins:
...and that is that this is going to cost you money.
—
It is a users
fee. We
are raising your taxes, and you ought to know it.
Mayor Suarez:
OK. For the... For the...
Commissioner
Plummer:
Going curbside saves them money.
v,
Commissioner
Dawkins:
It will not.
Commissioner
Plummer:
Saves them money. Am I not right? Going curbside
saves money?
Huh?
Commissioner
Dawkins:
By who... You know... Here again. Here again...
Vice Mayor Alonso:
If
it is passed to the citizens.
Commissioner
Dawkins:
Another example of the...
jVice
Mayor Alonso:
If
passed to them.
Commissioner
Dawkins:
...David Copperfield theory.
Commissioner
Plummer:
How does it cost them more money?
nY
_<
109 July 16, 1992
Commissioner Dawkins: I have been up here for five years. The Manager has
reorganized.
Commissioner Plummer: If the Sanitation Department...
Commissioner Dawkins: The Manager has redistricted.
Commissioner Plummer: does less work...
Commissioner Dawkins: The Manager has done everything...
Commissioner Plummer: ...how can it cost taxpayers more money?
Commissioner Dawkins: ...and saved money and the City is still broke.
Commissioner Plummer: I don't understand.
Commissioner Dawkins: OK. Every... The Manager has reorganized five times.
The Manager has cut people five times. The Manager has had a buy-out. OK?
Save money, and we are still broke.
Mayor Suarez: All right. On the various referenda, binding or nonbinding,
please discuss them with the City Attorney in time...
Commissioner Dawkins: Bring them both back.
Mayor Suarez: ...in time, yeah, in time...
Commissioner Plummer: Both ways.
Mayor Suarez: ...to be able to vote on them at the first meeting of
September.
City Attorney Jones: Binding or nonbinding? I'll find out.
Commissioner De Yurre: Are we talking about referenda in general now?
Mayor Suarez: Yeah. Well those that have been mentioned. If there are any
others...
Commissioner Plummer: Ah, oh. I don't like that gleam in his eye.
Mayor Suarez: ...by all means, mention them.
Commissioner Plummer: I don't like that gleam.
Commissioner De Yurre: I tell you now, if I have been elected to make
decision here, for the community, other than Charter changes, which has to go
to the voters, I have no problem dealing with it, yea or nay.
Commissioner Plummer: I don't like that look.
Commissioner De. Yurre: You know, I don't have to go to the voters to make a
decision. That what I have been placed here to do.
110 July 16, 1992
Commissioner Dawkins: For four years,...
Commissioner De Yurre: For four years.
Commissioner Dawkins: ...and don't have to worry about it.
Commissioner De Yurre: That is right.
Commissioner Dawkins: But I only got one year.
Commissioner De Yurre: Now, if you are talking about...
Commissioner Dawkins: I only got one year.
Commissioner De Yurre: ...Charter changes, you know, for example limiting the
terms of Commissioners on this Commission to serve...
Commissioner Plummer: Say what?
Commissioner De Yurre: Well, you know. I have been hearing that they want to
limit things to eight years,...
Commissioner Plummer: But not in the City.
Commissioner De Yurre: ...and... No but... You know that is the feeling of
the people. If we are going to ask the people what they want, then why don't
we put a number of things out to the people to decide? Some things we don't
need to take it to them. I can decide right here.
Commissioner Plummer: That 1s what scares me.
Commissioner De Yurre: If there are a number of things that we want to put
out to the people, then we can come up with a list of things, that we can put
on the ballot and let them decide aye or nay.
Commissioner Plummer: I'll go for an eight year limitation after this term is
ups
Commissioner De Yurre: Well, no. It is all inclusive, you know, if we are
going to do things let's do them right.
Mayor Suarez: If we limit him to eight years you got to take back thirteen.
You are now sentenced to minus thirteen years on this...
Commissioner De Yurre: Anybody that...
Vice Mayor Alonso: At the end of his term, eight more.
Commissioner De Yurre: ...has served, already, eight years can run for
reelection in the City of Miami. We put that out to the voters and see how
they feel. Maybe it is time for a change. Those are the kinds of things you
got to put out to the voters.
111 July 16, 1992
Mayor Suarez: Eight years or the end of Plummer's term, which ever comes
first.
Commissioner De Yurre: That is right.
Commissioner Plummer: I always said we had a big mouthed Mayor.
Commissioner De Yurre: It coincides with my eight years.
Mayor Suarez: All right. Anything further on any referendum that you would _
like the Manager to, or the City Attorney to draft, if not, please, =-
Commissioners, we ought to move on to CA-18 which is... —
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: There is a white Cadillac parked behind mine that the
tow is there moving. They better go out, Rodney Barreta, I found out who it
was, and move your car because it is being towed.
Mayor Suarez: You see how quickly Rodney moves when he thinks his car is
going to be towed.
71,
------------------------------------------------------------------------------
9. (A)
COMMISSIONER PLUMMER OBJECTS TO PROPOSED CLAIM SETTLEMENT: JOAN
LINDA TYREE, AS PERSONAL REPRESENTATIVE OF TODD OLIVER ESTATE
=t
($96,500) -- NO ACTION TAKEN.
(8)
BRIEF COMMENTS BY COMMISSIONER PLUMMER CONCERNING SHENANDOAH PARK
CASE
-
Mayor Suarez:
- --------------------------------------------------.------
CA-18. Authorize the Director of Finance to pay...
Commissioner
Dawkins: That was pulled by Commissioner Plummer.
Mayor Suarez:
All right. Item 10, then from the past...
Commissioner
Dawkins: Wait. Wait.
1
Vice Mayor Alonso:
No. Last time...
Commissioner
Dawkins: Plummer pulled eighteen.
�s
Mr. Cesar Odio
(City Manager): Today.
Commissioner
Plummer: Ah, yes. With the...
Commissioner
Dawkins: Eighteen
=
Mayor Suarez:
Oh. You mean the last time.
a
Commissioner
Dawkins: Yes, the last time.
112 July 16, 1992
1i,
Commissioner Plummer: Wait a minute. Wait a minute. CA-18?
Mayor Suarez: Yes, sir.
Vice Mayor Alonso: Yes.
Commissioner Plummer: No. I pulled that last time.
Mayor Suarez: OK.
Vice Mayor Alonso: That 1s what I...
Mayor Suarez: Are you satisfied now as to...
Commissioner Plummer: No, sir, I am not satisfied, but I have got all the
information that I want on CA-18.
Mayor Suarez: So you can tell.
Commissioner Plummer: I think that, you know, as I said before, and I will be
brief, Mr. Mayor, this man was the subject of a police pursuit. They chased
him, they caught him, unfortunately the man supposedly moved his head. The
policeman shot. It is not determined who moved first. He is dead. His
system was filled with cocaine, and I am not going to settle for ninety-six
thousand dollars. Now, you all can do what you want,...
Mayor Suarez: Question.
Commissioner Plummer: ...but for my vote I am not voting for someone, who in
a police pursuit, who has cocaine in his system, there was no... There were
two witnesses, Mr. Mayor, both are deceased now.
Mayor Suarez: Both are deceased.
City Attorney Jones: There were also some other witnesses. There were at
least .six witnesses...
Commissioner Plummer: I am sorry, but the question I asked this morning...
- City Attorney Jones: OK. I said...
Commissioner Plummer: ...I said credible witnesses,...
City Attorney Jones: OK.
Commissioner Plummer: ...and the answer was no.
Commissioner Dawkins: Whoa. How do you determine who is credible?
City Attorney Jones: OK.
Commissioner Plummer: I didn't, the City Attorney did.
113 July 16, 1992
Commissioner Dawkins: Those who were on cocaine were noncredible? --
City Attorney Jones: The only thing is that you have got conflict, of course,
conflicting testimony. There is some conflict as to whether the gun was fired
before, or whether the head jerk came before, and that is, quite frankly, that
is going to be up to a jury to decide which of those witnesses, that are still
living, are credible witnesses.
Commissioner Dawkins: Mr. City Attorney, what is your recommendation?
City Attorney Jones: My recommendation is the suit be settled as is. =
Commissioner Dawkins: So moved.
Mayor Suarez: So moved. Do we have a second on that, and if while we decide
if we have a second on the motion I need to ask a question.
Commissioner Dawkins: It's dead, if...
Mayor Suarez: Well, I might get it in a second.
Commissioner Dawkins: Let's go to the second one.
Commissioner Plummer: Excuse me, Mr. Mayor. You are out of order.
Mayor Suarez: OK. Do we have a second? I will second for discussion. What
I need to...
Vice Mayor Alonso: Oh, oh, yeah.
Mayor Suarez: I need to ask, because I am also inclined to be unfavorable on
! this one, Mr. City Attorney. But why would we settle a matter at ninety-six
thousand five hundred if the limits, under State law of our liability, would
be one hundred thousand, unless you thought there were some other claims that
somehow take us outside of the sovereign immunity statute?
City Attorney Jones: No. There are really no other claims. This is
basically what we have, you know, what we have negotiated and we think it is
fair, and I have to tell you there are some problems with the case, and I
=V think the memo really sets it out very well. I am not convinced, and I don't
think it is a very convincing argument, as I indicated to you last time.
Mayor Suarez: All right. For myself I think it is a good one to try...
Commissioner Plummer: Mr. Mayor, let me also, if I may, add that the
policeman was not charged with a crime. It was null processed for whatever
reason, but he was not charged for the crime.
Mayor Suarez: OK.
City Attorney Jones: Well, you have to also understand too is that this
officer is up for disciplinary...
114 July 16, 1992
Commissioner Plummer:
And he has not yet been fired by the City of Miami, and
}
that has been how long
ago?
City Attorney Jones:
He was terminated? Was he not?
Commissioner Plummer:
He has not been terminated, as of yet, is my
understanding.
Mr. Odio: Yes, he was.
City Attorney Jones:
He was.
Commissioner Plummer:
He has been terminated?
City Attorney Jones:
Yes.
Mr. Odio: Yes he was.
City Attorney Jones:
That is what I indicated to you last meeting that the...
Mayor Suarez: I withdraw my second.
Commissioner Plummer:
Excuse me.
City Attorney Jones:
His hearing is coming up before the board.
Commissioner Plummer:
He has an appeal that is still open.
Mayor Suarez: OK. I
withdraw my second. The matter is not before us unless
It gets a second, so...
Commissioner Dawkins:
So that is right.
Mayor Suarez: ...we will simplify it that way.
Commissioner Plummer:
Oh. I am going to bring up a better one after this
one.
Commissioner Dawkins:
Move to 10. Move to 10.
Commissioner.Plummer:
I have a better one. Go ahead.
Commissioner Dawkins:
Say what now?
Commissioner Plummer:
I got a better one that he wants us to settle. Go
ahead.
Mayor Suarez: All right. Item 10.
_
Commissioner Plummer:
Wait till you hear this next one.
Commissioner Dawkins:
Item 10.
Commissioner Plummer:
It is a great one.
115 July 16, 1992
Mayor Suarez: Item 10. Authorize the City Manager to execute an agreement,
et cetera. Leisure Management. This is regarding...
Commissioner Plummer: Is there a second?
Mayor Suarez: ...the management of the James L. Knight.
Vice Mayor Alonso: No.
Commissioner Plummer: Oh.
Commissioner Dawkins: I pulled it the last time, and Commissioner Plummer... =
Commissioner Plummer: Go to court then, I guess.
Commissioner Dawkins: ..said that he had not seen it. I don't know what...
Mayor Suarez: Commissioners, on the prior item...
City Attorney Jones: Yes.
Mayor Suarez: ...if anyone wants to move to deny, for whatever reason, just
to send a clear signal to the City Attorney, you can do so, but 1t is probably
not necessary. I think...
Commissioner Plummer: My understanding is, Mr. Mayor, and here again
- sometimes we have crossed signals. My understanding is that they
automatically put in and sue, or an appeal if no action by this Commission.
Mayor Suarez: Right. No, they have to. They have to continue defending
against.
Commissioner Dawkins: OK.
Commissioner Plummer: Now, we have to object if there is one to be settle for
-- less than twenty-five thousand. I am now objecting to the twenty-five
thousand less suit in Shenandoah Park, in which a child went to a summer
program, asked to be taught...
Mayor Suarez: But that is not before us.
Commissioner Plummer: I no. I am filing the objection so it has to be
brought before us, Mr. Mayor.
Mayor Suarez: Oh. Like an anticipation...
Commissioner Plummer: OK.
Mayor Suarez: ...so that they don't... OK.
Commissioner Plummer:
That is correct. OK. So that they don't settle,...
Mayor Suarez: Anticipatory objection.
116 July 16, 1992
Commissioner Plummer: ...I am going on the record that I object, and one of
the reasons, in the memo, for settlement is that this is a pretty girl, a
pretty little girl, and that will have a big decision in front of a jury.
City Attorney Jones: What. What case are you talking about, Commissioner.
Commissioner Plummer: Now, that might be true, but I ain't buying it.
Mayor Suarez: J.L. Commissioner. With all due respect, you are out of
order. Can you make that...
Commissioner Plummer: Well, excuse me.
Mayor Suarez: ...at the appropriate time by...
Commissioner Plummer: I have no right to object here. Is that what you are
saying?
Mayor Suarez: No, sir. It is just that we don't even know what case you are
talking about. I don't know. None of the Commissioners know.
City Attorney Jones: It is not on the agenda for today.
Commissioner Plummer: No. I am... If I don't object by a certain date, you
go ahead and settle.
City Attorney Jones: Wait. Wait.
Mayor Suarez: Could you track down which case he is talking about...
Commissioner Plummer: The Shenandoah Park case.
City Attorney Jones: I know exactly what case he talking about.
Commissioner Plummer: The pretty little girl.
Mayor Suarez: ...through your staff, and get back to him and make sure that
his objection is recorded. That is what you need- right?
Commissioner Plummer: I am going...
Mayor Suarez: You want to record your objection so he won't settle it.
Commissioner Plummer: ...of objecting so they can't settle it.
Mayor Suarez: Right.
Commissioner Plummer: OK.
Mayor Suarez: But we don't know what case, and to do it...
Commissioner Plummer: Then when it comes before us...
117 July 16, 1992
Mayor Suarez: ...in open...
Commissioner Plummer: ...I will argue 1t.
Mayor Suarez: To an open session of the Commission it just confuses the
agenda, please.
Commissioner Plummer: I will argue it before the Commission when it is
appropriately here.
Mayor Suarez: Great. Thanks.
Commissioner Plummer: I just wanted to make sure it got here.
Mayor Suarez: Beautiful. If we can figure out which one it is.
Commissioner Plummer: The pretty little girl.
_ 10. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO
AUTHORIZE MANAGER TO EXECUTE AN AGREEMENT WITH LEISURE MANAGEMENT MIAMI,
INC. (LMM) TO OPERATE / MANAGE THE JAMES L. KNIGHT CONVENTION CENTER AT
INITIAL ANNUAL COST OF $120,000 (October 1, 1992 - September 30, 1997)
(See label 28).
------------------------------------------------------------------------------
Mayor Suarez: Item 10. Authorize City Manager to execute the agreement with
�—� LMM .
Commissioner Dawkins: I pulled it before, and Commissioner Plummer had not
had time to study it,..
Mayor Suarez: OK.
Commissioner Dawkins: ...therefore, I would like to know if he is ready to
vote on it at all.
Mayor Suarez: Are you ready to vote on item 10, Commissioner Plummer?
Commissioner Plummer: I am ready to vote on 1t with the Manager's assurances.
With the Manager's assurance that, in fact, that there 1s no tie between L & M
[sic] Sports Authority and the two facilities. The reason I am saying that is
I have heard, and received a memo from the Sports Authority, that they are
interested in looking at possibly taking over the Knight Center, the Miami
Springs Golf Course, whatever else that they are interested in taking over.
Mr. Odio: They want to take over the Knight Center? The Sports Authority?
Commissioner Plummer: Well, whatever it is.
Mr. Odio And they will take care of it.
118
July 16, 1992
Commissioner Plummer: Yes. They said...
Mr. Odio: If they take care of the debt service, they can take it.
Commissioner Plummer: I just want to make sure that there is not an unholy
alliance or a tie between what the Sports Authority is doing that
automatically LMN [sic], is that the name of it?
Mr. Tony Pajares: LMI [sic].
Commissioner Plummer: LMI [sic] is automatically a part and parcel of
whatever the Sports Authority do.
Mr. Odio: Commissioner, what I...
Vice Mayor Alonso: Could you clarify that for the record, Mr. Manager?
Mr. Odio: LMI [sic], LMN [sic], Dacoma and all of those people are family.
That is all I can tell you. —
Commissioner Plummer: No. But they are not family, and related to the Sports
Authority.
Mr. Odio: Well, they... LMI [sic] is running... These people are running
the arena.
Commissioner Plummer: But they are not related to the Sports Authority.
Mr. Odio: No. They are...
Commissioner Plummer: They are two separate entities. OK.
Mr. Odio: They are contracting with the Sports Authority.
Commissioner Plummer: But the Sports Authority is talking about possibly
taking over the area, I mean the Knight Center.
Mr. Odio: Right. But that...
Commissioner Plummer: OK. And now LMI [sic] is going in there as the manager
of that facility. OK.
Mr. Odio: I don't understand your question. All I can tell you is if
somebody is seriously taking over the Knight Center that we should...
Commissioner Plummer: I am making the point that let it be understood...
Commissioner Dawkins: There is no connection. I will guarantee you that.
Bye.
Commissioner Plummer: Say what?
Vice Mayor Alonso: Well, maybe in the mind...
119
July 16, 1992
o
i
Commissioner Dawkins: There is no connection between the...
Vice Mayor Alonso: ...of these people exits a connection. _
I Commissioner Dawkins: ...Sports Authority wanting to operate the Knight
i Center and LMI [sic].
Commissioner Plummer: The only point...
Commissioner Dawkins: The only connection is that the Sports Authority,
having been given the direction to be involved in sporting activities,
conventions and et cetera feels that it could...
Commissioner Plummer: No. They ain't going to do that.
Commissioner Dawkins: ...offer the City of Miami a more productive financial
benefit of working with, maybe, amphitheater, with all of them. That has
nothing to do with LMI [sic].
Commissioner Plummer: Commissioner, I don't disagree, and quite possible what
you say would be to the City's advantage. The point I am trying to make is
that I don't want anyone to misconstrue that when the Sports Authority makes a
move, LMI [sic] is going to be making the move with them, nor when LMI [sic]
makes a move the Sports Authority is going to be with them.
Commissioner Dawkins: You point is well...
Commissioner Plummer: There is a separate...
Commissioner Dawkins: ...taken and I will carry that back to the Board.
Commissioner Plummer: OK? That is the only point I am trying to make.
Commissioner Dawkins: OK. Thank you. Thank you. I will see that... I will
make sure the Board understands that.
Mayor Suarez: Anything further, Commissioners? Yes, Vice Mayor.
Vice Mayor Alonso: Yes, definitely, or I will pull this item. Mr. Pajares,
will you explain to me what is going on?
Mayor Suarez: Tony.
Mr. Pajares: Yes, Commissioner. Commissioner Plummer did make that point
before. That issue, specifically, of not divulging any leads, or mixing any
kind of confidentiality from one building to another is addressed on page 36-
FF.
Vice Mayor Alonso: Better yet, let's not take the time of this Commission. I
pull -this item until the Awareness Program. Pull the item, Mr. Manager. I
want to pull this item. I think you should have come, and discussed this with
me. So I don't want to take time now, I would like to pull this item Mr...
Mayor Suarez: The proper motion would be...
120 July 16, 1992
Commissioner Plummer: OK.
Mayor Suarez: ...to defer the item.
Vice Mayor Alonso: I move that we defer this item until September.
Mayor Suarez: Move to defer.
Commissioner De Yurre: What is the issue? - because I am kind of in a daze
here.
Vice Mayor Alonso: Under the Awareness Program I would like to do it now,
Commission De Yurre.
Commissioner Plummer: That is all there is to it.
Commissioner De Yurre: No. But I want to know what the issue is.
Commissioner Plummer: Did anybody second it yet?
Commissioner De Yurre: What is the issue that you are not to sure of.
Commissioner Plummer: Somebody second it?
Mayor Suarez: Nobody seconded the motion to defer.
Commissioner Plummer: I second it.
Mr. Pajares: The only problem is that 1s...
--1 Mayor Suarez: You are not on the floor, Mr. Pajares. Vice Mayor Alonso has
moved to defer the item. We need a second.
Commissioner Plummer: I second it.
Mayor Suarez: Second. Thank you Vice Mayor. Would you like to hear, or
Commissioner, would you like to hear from Mr. Pajares? Go ahead.
-�`
Commissioner De Yurre: Well, I want to know what the issue is because I am
not'sure I understand what is going on here.
vx
Mr. Pajares: If I understand the issue...
Commissioner De Yurre: In fact, I am sure I don't understand what is going on
here..
Mr. Pajares confidentiality of leads is addressed in the contract on page 36-
F, as Commissioner Plummer... Before we negotiated the contract, requested
that we do. It is quite clear in the contract. There can be no divulging of
leads, specifically, on conventions, because the arena is not a convention
center.
=3
Mayor,Suarez: Divulging of leads...
=y
121 July 16, 1992
x
Commissioner Plummer: Sir, sir.
Mr. Pajares: Or sharing of leads or any kind of information from one building
to another.
Commissioner Plummer: Sir.
Mayor Suarez: You want the company that would manage both the arena and the
James L. Knight...
Mr. Pajares: Yes, sir.
Mayor Suarez: Is it exactly the same company?
Commissioner Plummer: Yes, it is.
Mr. Pajares: It is the same company just like...
Commissioner Plummer: That is the point I was trying to make before.
Mayor Suarez: OK. Not to... OK. To write some sort of an internal Chinese
wall, themselves, and not to inform that part of the company that is managing
one facility, that it has an opportunity to rent the other facility for some
su
kind of a event. Is that what you are saying?
mil,
Mr. Pajares: Yes, sir. Specifically, there are two things that are in the
contract that cannot be shared. No sharing of equipment, because that is
equipment that is shared by Hyatt, the University and the City., So no
equipment can be moved. No sharing of leads or information from one building
to another. That is specifically...
Mayor Suarez: And you are saying that is a wise concept?
Mr. Pajares: Yes, sir, it is.
Commissioner De Yurre: Why? Why is it a wise concept?
Mr. Pajares: Simply because there is information on conventions,
-
specificaliy,�that this company will be in possession that they could have in
='«
another facility...
Commissioner Plummer: Ahl But whoa, whoa.
w.
Commissioner De Yurre: What other facility?
Commissioner glummer: There is a bigger reason, Victor. We are... We, the
_.
City, are responsible for one hundred percent (lAOX) of the debt on the Knight
Center.
Mr. Pajares: That is correct.
Commissioner Plummer: Sports Authority is responsible for the debt on the
ti
arena. If we were to find, and this is the point I brought up from the
—`'
122 July 16, 1992
o�
inception, that this organization was stealing rentals away from he Knight
Center to take them to the arena, is going to build up more debt on the Knight
Center, and, as such, we pick up a hundred percent (100%) of that. OK. The
problem is the company that was there prior, their big contention was that the
amphitheater was killing them. That the amphitheater that this town was...
Mayor Suarez: You are talking about the Bayfront Park amphitheater?
Commissioner Plummer: Yeah. OK. That the City of Miami...
Commissioner Dawkins: Mr. Plummer...
Commissioner Plummer: ...was giving away 30 days of free play, and the Knight
Center was losing all of that revenue.
Commissioner Dawkins: Commissioner Plummer.
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: Who made the debt service payment on the Knight Center
this year?
Commissioner Plummer: This year?
Commissioner Dawkins: Yes.
Commissioner Plummer: The Sports Authority did not contribute anything to the
debt service at the Knight Center?
Mr. Pajares: No, sir.
Commissioner Plummer: No, sir. Not on the Knight Center.
Mr. Pajares: No.
Commissioner Plummer: None at all.
Commissioner De Yurre: And we have two million dollars that we put in?
Commissioner Dawkins: Three.
Commissioner Plummer: Not in the Knight Center.
Mr. Dermis: Yeah, yeah, yeah.
Mr. Odio: That is... Excuse me. The monies that were used in the Knight
Center was the million dollars to build... to remove the stores and create
the convention space.
Commissioner Plummer: Oh. That was the five million dollars.
Mr. Odio: And that was five years ago.
Commissioner De Yurre: That was three. Five was here next door.
123 July 16, 1992
Commissioner Plummer: That was not for debt service.
Mr. Odio: And the rest was used here at this.
Commissioner Plummer: That was to buy out the retail for the twenty-six
thousand square feet...
Mr. Odio: Oh, no.
Commissioner Plummer: ...and turn it into an exhibition.
Commissioner Be Yurre: What I fail to understand, in concept, speaking
logically here is... If somebody tries to go to the Knight Center and says, I
have a booking but I expect about eight thousand people. Are you going to
tell me that the Knight Center can say, listen we can only fit in five, but
the arena can fit in fifteen, so go down the street. You tell me that that is
illogical and improper to do?
Commissioner Plummer: No. What we are trying to say to you, and I am
convinced that I am comfortable. OK. But if both the promoter goes and has
five thousand people, and he says...
Commissioner Be Yurre: He is not going to go to the arena.
Commissioner Plummer: He... No. Five thousand can go to the Knight Center.
Commissioner Be Yurre: It cost a lot. It cost too much. It cost too much to
go to the arena for five thousand people or less.
Commissioner Plummer: I am telling you it can be. OK.
Commissioner De Yurre: Tell... J.L. economically it can't be.
Commissioner Plummer: I don't want to see being taken away from one to the
benefit...
Commissioner Dawkins: But... But I think I need to have...
Commissioner Plummer: ...or the detriment of the other.
`= Commissioner Dawkins: ...Commissioner Be Yurre, since he was the Chairperson
of the Sports Authority explain how five million dollars of the Sports
�;:.. Authority's money was spent at the Knight Center.
't- Commissioner Plummer: It wasn't.
Commissioner Dawkins: It was.
Commissioner Plummer: It was not.
:.
Mr. Odio: Here the expansion of...
Commissioner Plummer: It was two million dollars at the Knight Center,...
124 July 16, 1992
�t
Mr. Odio: And three...
Commissioner Plummer: ...and the rest of it went to Dinner Key Auditorium.
Commissioner De Yurre: Five.
Commissioner Dawkins: But two... Well, well... Two million at the Knight
Censer.
Mr. Odio: Yes.
Commissioner Plummer: Two million. Yes.
Commissioner Dawkins: Two million dollars of Sports Authority money went to
the Knight Center.
Mr. Odio: It was not two, by the way, it was three.
Commissioner -Dawkins: But see... But J.L. sits...
Commissioner Plummer: OK. Whatever it was.
Commissioner Dawkins: ...over there. J.L. sits over there. J.L. sits...
Commissioner Plummer: But that was not...
Commissioner Dawkins: ...over there and play...
Commissioner Plummer: ...was not for the debt service, sir.
Commissioner Dawkins: Beg your pardon?
Commissioner Plummer: That was not for debt service.
Commissioner Dawkins: We are paying the debt service on it.
Commissioner Plummer: The City is, not the Sports...
Commissioner Dawkins: No. No.
Mr. Odio: Just a minute.
Commissioner De Yurre: No, no. Not on that.
Commissioner Plummer: No, no, no, no.
Mr. Odio: Commissioner Dawkins...
Commissioner Plummer: You are not.
Mr. Odio: Commissioner Dawkins is correct.
Commissioner Dawkins: Thank you.
125
July 16, 1992
Mr. Odio: They are paying the debt service on the three million dollars.
Commissioner Dawkins: Thank you, sir.
Commissioner Plummer: On the three million, but not on the Knight Center.
Mr. Odio: Not on the Knight Center.
Commissioner Plummer: No way.
Mr. Odio: They can do any time they wish.
Commissioner Plummer: I wish they were.
Mr. Odio: Three million eight.
Commissioner Plummer: Mr. Dawkins, when you can take over $3,880,569 as debt
service that this City pays every year on the Knight Center, God bless you,
buddy.
Commissioner Dawkins: I wasn't here when you all made that agreement with the
developer.
Commissioner Plummer: Right.
Commissioner Dawkins: If I were, I could pay it.
Commissioner Plummer: Yeah. That where Danny Paul did it to the City one
more time with the Hyatt Hotel. They have yet to pay a dime to this City,
because they wrote into the contract they had to exceed twenty million dollars
before they paid the City one dime of revenue.
Mayor Suarez: Do we have... Commissioner, Vice Mayor Alonso, have we
sufficiently delved into the merits...
Vice Mayor Alonso: No, sir.
Mayor Suarez: ...of this thing...
Vice Mayor Alonso: No.
Mayor Suarez: ...to give you any comfort on voting on it?
Vice Mayor Alonso: No.
Mr. Odio: We need to put on the record a problem...
Vice Mayor�Alonso: I want to defer the item.
Mr. Odio: ...that we are going to face.
Mayor Suarez: I am sorry.
126 July 16, 1992
='71
Mr. Odio: We have a problem. We have to have a management company there, in
place, October 1st...
Commissioner Plummer: So, we will bring it back on the loth of September.
Mr. Odio: Right. Well, there is a transition... Well, OK.
Mayor Suarez: OK. We have a motion to defer, we have a second. Any further
discussion on the motion?
Commissioner De Yurre: Yes.
Commissioner Plummer: And excuse me...
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: Is the sole issue here then this situation? So what
is the answer? You write an agreement that you can't speak to each other.
The right ear can't listen to the left ear, and the right side of the face
can't talk to the left side of the face?
Mr. Pajares: Commissioner, that is the same agreement that exists now between
hotels. If it is a Hyatt Hotel...
Commissioner De Yurre: OK. So what is the issue?
Mr. Pajares: It depends on what...
Commissioner De Yurre: Are they signing it? Are they signing it?
Mr. Pajares: The issue is that if, for instance, if it is a convention...
Commissioner De Yurre: I know that. Are they signing it? [INAUDIBLE
RESPONSE NOT ENTERED INTO THE PUBLIC RECORD] OK. So what is the issue? You
tell me, Cesar, what is the issue? They are agreeing to that. What is the
issue?
Commissioner Plummer: The issue is...
Mr. Odio: I don't know.
Commissioner Plummer: ...that a colleague...
Mr. Odio: It is not me.
Commissioner Plummer: ...on this Commission want further information. That
is the issue.
Commissioner De Yurre: Well, the thing is that there is no further
information. That is the bottom line. You know, vote yes or no, and that is
the end of that.
Mayor Suarez: OK. Anything further from...
127
July 16, 1992
Vice Mayor Alonso: Call the question, Mr. Mayor.
Mayor Suarez: Anything further from the Commission on the motion to defer?
If not, please call the roll.
The following motion was introduced by Vice Mayor Alonso, who moved its
adoption:
MOTION NO. 92-477
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM B-10
(PROPOSED RESOLUTION AUTHORIZING THE EXECUTION OF
AGREEMENT WITH LEISURE MANAGEMENT MIAMI, INC. TO
OPERATE AND MANAGE THE JAMES L. KNIGHT CONVENTION
CENTER AT AN INITIAL ANNUAL COST OF $120,000) IN ORDER
THAT SAID ISSUE CAN BE FURTHER REVIEWED BY VICE MAYOR
ALONSO UNDER THE GUIDELINES OF THE COMMISSION
AWARENESS PROGRAM. [Note: Said item was later passed
as R-92-490.]
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.
Vice Mayor Miriam Alonso
NOES: Commissioner Victor De Yurre
Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: Item 18. Accepting a bit of...
Commissioner Plummer: You know, I really... I am sorry I have to put this on
the record, Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: It really disturbs me that this Commission has come to
a level, that when a colleague of this Commission is asking for additional
information, that we don't want to provide that right. I will say no more,
but it bothers me tremendously.
Vice Mayor Alonso: Thank you, Commissioner Plummer.
Commissioner De Yurre: I got no problem going along with that, J.L., except
when it is just a dilatory tactic, and that they can see there is no other way
to go. The issue is clear.
Commissioner Plummer: Victor.
Vice Mayor Alonso: Mr. Mayor, I resent...
128 July 16, 1992
11
Commissioner De Yurre: It is just a dilatory situation,...
Vice Mayor Alonso: ...the comments of Commissioner De Yurre.
Commissioner Plummer: I will say no more.
Commissioner De Yurre: ...and that is all there is to it.
Mayor Suarez: For myself 1 have always, Commissioner Plummer, have always
wanted explanations on motions to defer. I listen to them and I vote
accordingly, so.
Vice Mayor Alonso: OK. I would like to respond to Commissioner De Yurre that
I resent the comments that he made, and that he has no reason to say that it
is a tactic to delay. So I resent that, and I have every right in the book,
under the Awareness Program, to defer this item even if it was not. So I
really resent his comments, and I think he will just retract form them.
Commissioner De Yurre: If she were, under the Awareness Program, aware of
what 1s going on, it would not have come to this late...
Vice Mayor Alonso: I am certainly aware.
Commissioner De Yurre: ...stage of the game. That is all there is to it.
Vice Mayor Alonso: Commissioner De Yurre, for one, I am a Commissioner and I
am extremely responsible in the City of Miami. You can say equally
responsible, yes. But not more responsible than me. So I really think you
should retract, immediately, of comments like that, and I think that it is
uncalled for, and, Mr. Mayor, I don't want to continue this discussion.
Commissioner De Yurre: OK. Just to close it then, I can't retract on what I
believe in. That is all there is to it.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: OK.'
Commissioner Plummer: Can I...
Mayor Suarez: We have another item. Many items.
129 July 16, 1992
E
11. AUTHORIZE EXECUTION OF CONTRACT WITH 3W CORPORATION, INC. -- FOR
EXTERIOR WATERPROOFING AT NORTH DISTRICT POLICE SUBSTATION -- RATIFY
MANAGER'S WRITTEN FINDING THAT WORK RESULTED FROM EMERGENCY
CIRCUMSTANCES ($19,550 from Miami Police Department Building Renovations
and Expansion, CIP 312015).
------------------------------------------------------------------------
Commissioner Plummer: Can I take...
Mayor Suarez: Yes, Commissioner.
Commissioner Plummer: ...care of the roof in the north Police Station? -
whlch is an absolute shame that has to be done on a brand new building. A
resolution authorizing... And this comes with the blessing... Excuse me.
The Manager asked that it be done. A resolution authorizing the City Manager
to award a contract for exterior waterproofing at the north district Police
Substation to 3W Corporation in the amount of $19,550. Said funds to be
provided from Miami Police Department building renovations and expansion.
Capital improvement project #312015. Further ratifying the City Manager's
written finding that the afford [sic] said work resulted from emergency
circumstances by an affirmative vote of four fifths of the Miami, City of
Miami, Commission." I so move, sir.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-478
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH 3W CORPORATION, INC.., FOR EXTERIOR WATERPROOFING
AT THE NORTH DISTRICT POLICE SUBSTATION, AND
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED
$19,550.00, FROM "MIAMI POLICE DEPARTMENT BUILDING
RENOVATIONS AND EXPANSION", CAPITAL IMPROVEMENT
PROJECT NO. 312015; FURTHER RATIFYING THE CITY
MANAGER'S WRITTEN' FINDING THAT THE HEREIN WORK
RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN
AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE MEMBERS OF THE
CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
130 July 16, 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.
Commissioner Dawkins: Second roll call. You made 1t an emergency, didn't
you?
Commissioner Plummer: Second roll call, please. If you don't the place is
going to float away.
Ms. Hirai: It is a resolution, no.
----------------------------------------------------------
NOTE FOR THE RECORD: At this point, agenda item B-18 was
withdrawn
.
----------------------------------------------------------
Mayor Suarez: It is a resolution. OK. As long as it got four fifths vote.
All right. Item 18. Resolution excepting the bid of Saulsbury Fire
Equipment, et cetera. Any question on this item? Accepting the bid.
Commissioner Plummer: Which one?
Vice Mayor Alonso: Eighteen.
Mayor Suarez: Eighteen.
Commissioner Plummer: Regular eighteen I have withdrawn, pulled, with the
concurrence of the Fire Chief.
Mayor Suarez: In other words, the Administration had withdrawn. The item
that is not before us.
Commissioner Plummer: They agreed with me to pull it for further information.
Mayor Suarez: All right. If the item is not before us, it is not before us,
_ then we don't need to do much else, unless any Commissioner wants to have it
heard for any reason, which know one has said.
�S
131 July 16, 1992
-------------------------------------------------------------------------------
12. (A) APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST OF
CEDARVILLE MANUFACTURING, INC., IN CONNECTION WITH BID NO. 92-92-063
TO PROVIDE RUBBISH PICKUP CRANES.
(B) ACCEPT BID: MAS GROUP, INC., (d/b/a NEFF MACHINERY) -- FOR PURCHASE
OF SIX RUBBISH PICK-UP CRANES (Department of General Services
Administration and Solid Waste / Fleet Management Division).
---------------------------------------------------------
Mayor Suarez: Item 22. Resolution accepting the bid of the MAS Group,
Inc.,...
=� Commissioner Plummer: There is a mister...
Mayor Suarez: ...d/b/a Neff Machinery
Commissioner Plummer: Is there a Mr. Miller who is made many visits to my
office as an objector? [INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC
RECORD] Oh. All right. So you are going to speak?
Mayor Suarez: Yeah. Wait, Commissioner Plummer. Let me just do something
here...
Commissioner Plummer: Sure.
Mayor Suarez: ...cause Mr. Gonzalez-Goenaga has been wanting to be heard all
day. I think our Code now reads 4:00 p.m.. We are going to waive 37 minutes
to hear you, Mr. Gonzalez-Goenaga, and also Mr. Miller, in either order. It
does not matter to me. OK. Give the name and address, sir, and tell us what
you think about item 22.
Mr. William Miller: My name is Bill Miller, and I represent CMI Corporation,
and Acme Hoist.
Commissioner Plummer: Wasn't that the company that built the damn thing?
Mr. Miller: Our local representatives are J. & E Power Company, and Hydraulic
Associates.
Mayor Suarez: Can give us an address for the record, please?
Mr. Miller: Philadelphia, Pennsylvania.
Mayor Suarez: Any address, so we have it in the record, sir, in case we need
to counter -correspond with you regarding the record.
Mr. Miller: Oh, mailing address you mean? It is Box 9, Birch Run,
Pennsylvania.
Mayor Suarez: All right. Proceed.
Mr. Miller: I have distributed leaflets, little brochures here, so you can
see what my question is.
132
July 16, 1992
Mayor Suarez: Is this the one, sir?
Mr. Miller: Yes.
Mayor Suarez: You want it introduced into the record?
Mr. Miller: Yes.
Mayor Suarez: OK. Go ahead. It will be introduced into the record.
Mr. Miller: OK. And we are protesting a bid, item number 22, for accepting a
bid of solid waste cranes by the City, awarding the bid to Neff Machinery.
Attached sheets, I have put them together into three sections, similar to the
original bid set, and I will just... I will go over... I will start with the
specification section. There were 21 items in the original specification
sheet, and Neff Machinery isn't complying with seven of those items. The
capacity, the controls, the bucket, to transmission, rotation speed, tire size
and the warranty of the machines. In the legal advertisement section, the bid
does not meet the City's minority vendor goal, reference ordinance No. 10062.
It also does not meet the local preference, and with Neff Machinery being
outside the City limits. With reference to the special conditions section of
the contract, of the bid set... Item number five is not being met by Neff
machinery. Item number 17, and what I did on the second page, I put a summary
sheet. This is the most important section of the proposal.
Mayor Suarez: Is this it?
Mr. Miller: Yes.
Mayor Suarez: OK. Is your company identified here?
Mr. Miller: Yeah. I represent... I am the manufacturer's representative for
two companies, CMI Corporation and Acme Hoist.
Mayor Suarez: OK. Are you speaking on behalf of both here today?
Mr. Miller: Yes.
Mayor Suarez: That is interesting. That is the first time that ever happens.
_ Mr. Miller: Let me just say that CMI...
been here. CMI Corporation manufactures
the city uses for solid waste, and Acme
-=nt
knuckle booms.
Mayor Suarez: OK. And...
Mr. Miller: Two different type machines.
This is the second time that I have
the older type cable machines that
Hoist manufactures the newer type
Mayor Suarez: ...you saying that either one of the two companies would be, in
fact, less expensive than the proposed successful bidder.
Mr. Miller: Yes.
133
July 16, 1992
Mayor Suarez: All right.
Mr. Miller: And on the summary sheet I did the best I could by putting a
spreadsheet out. The Acme bid was $69,000 each. The CMI bid was $79,900.
There is a local dealer, a minority dealer, which is J & E Power Company.
They were $73,160 and Neff Machinery was $109,900. Neff Machinery did have a
truck that you had to add to that price. So what I am saying, the bottom line
is, that there is... Acme Hoist is offering almost a $15,000 saving per
machine, and the bid was found to be nonresponsive because of a technicality.
A requirement in this bid set that the City is now saying that we had to
provide a demonstrator for them to use, to see the piece work, when, in fact,
at the time of the bid it was questionable. If you want to read and follow
through on these pages, you will see. I have highlighted different items.
So...
Mayor Suarez: OK.
Mr. Ron Williams (Asst. City Manager): Mr. Mayor.
Commissioner Plummer: Sir, as I retail your contention to my staff was that
your bid was rejected because you would not bring the piece of equipment down
to Miami.
Mr. Miller: Well, we could not, yeah, at the time.
Commissioner Plummer: All right. And I had my staff ask a question. Was
that required in the bid? - and the answer was no.
Mr. Miller: That is correct.
Commissioner Plummer: So then I asked them why was it disallowed if it was
available.to be seen in Ft. Lauderdale, which I would assume most people would
assume is reasonable.
Mr. Miller: I don't know.
Commissioner Plummer: Am I in the ball park?
Mr. Miller: Yes, you are 1n the ball park.
Commissioner Plummer: Now, Mr. Williams, if you can answer that, I think we
can resolve the problem as it exists.
Mr. Williams: Well, let me say, Mr. Mayor, before I begin my response. You
have a protest before you from CMI, and, certainly, I would like for you to
hear that. I am not certain...
Mayor Suarez: I thought he was speaking on behalf of CMI.
Mr. Williams: Well, Mr. Miller represents about four bidders here.
Mayor Suarez: Well, two that he mentioned that are on this chart, CMI and
Acme.
134 July 16, 1992
1
Mr. Williams: OK.
Mayor Suarez: I think lie said.
Vice Mayor Alonso: Yes.
Mr. Williams: And he represents another company.
Mayor Suarez: Well, but only two that are on this chart. Presumably only two
that are protesting.
Mr. Williams: I don't have this chart, Mr. Mayor.
Mayor Suarez: All right.
Mr. Williams: Let me say this. We have received a proper protest from CMI.
Mayor Suarez: OK.
Mr. Williams: We have our response to that protest before you.
Mayor Suarez: What is that?
Mr. Williams: That the response is essentially that...
Mayor Suarez: What is the gist to the protest, and what is your response?
Mr. Williams: The gist of the protest is as, Mr. Miller stated, the
recommended vendor does not meet specs. We think that the vendor does meet
specs. We have received written verification...
Mayor Suarez: The gist of the protest is that the recommended vendor and Neff
Machinery does not meet specs in what regard?
Mr. Williams: As Mr. Miller went down the line.
Mayor Suarez: rHe made mention of not qualifying for minority status, and I am
not sure that that is even a factor here. I thought they were winning on
price.
Mr. Williams: They'are winning on price, meeting specifications. CMI was, I
think, in total, at that level, was $114,000 and the recommended bidder is
$109,000.
Mayor Suarez: OK. How come his chart has his company, or CMI rather, at
$108,600 and,Neff at $118,570. What is the discrepancy.
Mr. Williams: I...
Mayor, Suarez: Oh. You don't know to much about that chart.
Mr4 Williams: I don't know what he is doing there, Mr. Mayor.
135
July 16, 1992
E2
Vice Mayor Alonso: It is right here.
Mayor Suarez: Presumably he is... My guess is that he has put different
components from the ones that you are requesting, but maybe you need a little
time to look at that.
Mr. Williams: Well, first of all, I can see $79,900, under the CMI, is not a
price that I have seen bid by Mr. Miller.
Mr. Miller: Can I say...
Mr. Williams: Is that on your bid, $79,900?
Mr. Miller: Ah.
Mr. Williams: The last one I saw was $89,000 from you.
Mr. Miller: What we do for CMI... CMI had a price of $89,000.
Mr. Williams: Well, that is...
Mayor Suarez: Well, how can you put $79,000 on that sheet, sir?
Mr. Miller: Well, Neff Machinery had a price of $109,000. I put $89,000.
Neff Machinery does not meet the specification sheet.
Mayor Suarez: All right. Let's go back to that argument then, since,
apparently, your chart is going to confuse us more than it is going to help
us, so far. Let's go back to his argument that Neff, somehow, does not
comply.
Mr. Williams: We have reviewed the response...
Mayor Suarez: OK. Based on what do you say that Neff does not comply? You
mentioned something about them not qualifying as a minority bidder, or a local
bidder. Is that why?
Mr. Miller: That is one of the reason. But if you look at this chart, page 2
of 4:..
# Mayor Suarez: Sir, we don't understand your charts, and we just have them for
the first time. What reason do you say that Neff does not qualify as a proper
bidder?
tr.
Mr. Miller: OK. I am going to tell you.
Mayor Suarez: Yeah.
Mr. Miller: Their capacity. It states clearly in your specification sheet
your require 2500 pounds, at 25 foot radius. It states clearly in Neff's
proposal, they are proposing 1000 pounds at 25 feet. That is,a big difference
between machine sizes. That is the first discrepancy.
Mayor Suarez: What about that particular alleged discrepancy, Ron?
136 July 16, 1992
Mr. Williams: We reviewed that, Mr. Mayor. We also received certification
from the engineering staff at Neff that it does meet specifications. We have
used, or at least worked with the equipment on a trial basis. I have the Neff
people here to further certify. We believe that it does meet specs.
Mr. Miller: Excuse me. It says it in their bid set. The set that they
provided to the City. It clearly states, on their specification sheet...
Mayor Suarez: It states what?
Mr. Miller: It states 1000 pounds at 25 feet. I mean I can show you where it
is if you let me approach the...
Mayor Suarez: One thousand pounds at 25 feet.
Commissioner Plummer: Pick up 1000 pounds 25 feet away from the truck.
Mr. Miller: Right. Right.
Mayor Suarez: OK.
Mr. Miller: That is just one of the...
Mayor Suarez: All right. Finish your arguments, which I thought you had
finished, and finish your response, and to the extent that you cannot respond,
but Neff might be able to respond, we will her from Neff. There was also,
apparently... What about his company? You had alleged that there was a
disqualifying issue as to his company. One of them, at least, CMI, I believe
you were saying.
Mr. -Williams:
Well, CMI, is the company that...
Mayor Suarez:
That is officially before us on a protest.
Mr. Williams:
That is officially before you on a protest. That
company bid a
_ =
price higher than the recommended price.
Mayor Suarez:
I understand that, but there was...
—=
Mr. Williams:
OK. And, secondly,...
Mayor Suarez:
Yes.
'l
Mr. Williams:
...we have before you their questions as raised
their protest,
and a response
to each one...
Mayor. Suarez:
I understand that too, but, apparently, there
was also some
issue about CMI,
themselves, not being qualified because of issues of them not
having the machinery here, or...
Mr. Williams:
No. See, that is the concern, Mr. Mayor. Mr.
Miller has so
-:
many companies
that it is difficult to keep them separate.
137
July 16, 1992
Mayor Suarez: OK. That is not CMI?
Mr. Williams: No. That is another company.
Mayor Suarez: Which company was it as long as we mentioned it to have on the
record?
Mr. Williams: That is another...
Mayor Suarez: The other one that he is representing here today?
Mr. Williams: I believe it is either Acme Hoist, but they did not file a
timely protest.
Vice Mayor Alonso: Mr. Williams, you said CMI had a price higher?
Mr. Williams: Yes.
Vice Mayor Alonso: This is not what I see in front of me.
Mr. Williams: Well, Mr. Miller has a mistake on the chart he gave you. Mr.
Miller is showing on his chart $79,900, when, in fact...
Vice Mayor Alonso: Where in my package 1s the company CMI?
Mr. Williams: I am sorry.
=1 Vice Mayor Alonso: Could you show me...
Mayor Suarez: Yeah, we...
Vice Mayor Alonso: ...in my package CMI?
Mayor Suarez: We should be able to verify the allegations or not verify them
from our.own information, and if he wants to show them in a different way, he
is.entitled to.
Mr. Williams: Let me just clarify Mr. Mayor.
Vice Mayor Alonso: Because I find Acme but...
Mr. Williams: CMI bid, their actual bid, to the City of Miami is $95,000, he
is showing on the chart he gave you $79,900.
Vice Mayor Alonso: Oh, but it 1s not listed as CMI, 1t 1s listed as... That
x is the confusion.
Mr. Williams: It says $79,900 here.
Vice Mayor Alonso: It is under another name.
Mr. Miller: Yeah. After the deduction.
Mayor Suarez: OK.
138 July 16, 1992
r
Mr. Miller: Can
I just... Can we just...
Mayor Suarez:
For the purposes... Sir. Wait a minute. Wait a minute, Mr.
-,
Miller. For
purposes of his bid, just for our
clarification, what do we
understand his
bid to be? - CMI now.
-
Mr. Williams:
CMI's bid, at this level, would be
$95,000 plus $30,000 would
be $125,000.
-
Mayor Suarez:
Ninety-five thousand...
-
Mr. Williams:
Plus $30,000.
Mayor Suarez:
Thirty thousand for the truck.
—
Mr. Williams:
For the truck...
_
Mayor Suarez:
What about Neff?
Mr. Williams:
Neff's bid is...
Commissioner Plummer: Well, wait a minute.
Mr. Williams:
...One oh nine, now.
_
Commissioner Plummer: Does CMI meet the specs?
Mr. Williams:
CMI did, yes.
—
Commissioner
Plummer: Meet the specs?
-
Mr. Williams:
Yes.
Commissioner
Plummer: A thousand pounds at 25 feet is what the specs were,
and they met
them?
Mr. Williams:
They meet the specs.
Mayor.Suarez:
Neff's price was?
=.
Mr. Williams:
One oh nine, nine. One hundred and
nine thousand nine hundred.
-*I
Commissioner
Plummer: And they meet the specs?
'
Mr. Williams:
Yes.
'-
Mr. Miller:
They don't.
—
Mayor Suarez:
That includes the truck?
Mr. Miller:
They don't meet the specs.
_
-
139
July 16, 1992
-
r
Mayor Suarez: OK. Wait, sir. Wait. This is our staff's opinion. OK.
There was an issue introduced, at one point. Maybe we ought to clear it up,
or not. I think Commissioner Plummer asked about it, having to do with one of
these companies not having the equipment available in Dade County to be seen,
to be viewed. What was that about?
Mr. Miller: Acme Hoist.
Mr. Williams: That is another company that I believe Mr. Miller represents
also.
Mayor Suarez: Which is not protesting today?
Mr. Williams: Which is not...
Mr. Miller: Yes. Yes, we are.
Mr. Williams: Well, they...
Mayor Suarez: All right. He thinks it is protesting today. Just as long as
we mention...
Mr. Williams: They did not file a form.
Mayor Suarez: ...it, which company was it, and what was the problem.
Mr. Miller: We filed a protest.
_ Mayor Suarez: OK. Sir, please.
Mr. Williams: It is... That company...
Mayor Suarez: I am going to go ahead and let them put it on the record
anyhow. So, in effect, you are having, factually, the same thing as a
protest. What was...
Mr. Williams: That company is called Acme Hoist.
Mayor Suarez: OK. And what was the issue of the equipment not being 1n Dade
County?
�° Mr. Williams: Well, our specification requires that the equipment be brought
—li in for demonstration and proven that 1t can work in.our environment.
Mayor Suarez: OK.
Mr. Miller: That is...
Mayor Suarez: Please, sir.
Mr. Williams: Mr. Miller offered to send us to Oregon, and we were...
Commissioner P ummer: He told me Ft. Lauderdale.
140 July 16, 1992
Mr. Williams: Well, we refused to do that. He how says he has a piece of
equipment in Lantana. I then suggested that maybe he should bring the
equipment down from Lantana. That is not as far away as Oregon. We have yet
to see his equipment.
Mayor Suarez: All right, sir. What about that issue for the other company
which we don't think is before us but...
Mr. Miller: Which issue is he addressing? About not bring the machines down -_
from Lantana.
Mayor Suarez: May as well deal with that one. Apparently you have many, so.
Mr. Miller: All right. As far as the demonstration of this machinery, it is
not in the bid set we are required to demonstrate. It says that they might
ask us to demonstrate. That is the way his specs read. The City's specs...
Mayor Suarez: That they might ask? So, yes,... So then you might be
prepared to answer them 1f they might ask.
Mr. Miller: OK.
Mayor Suarez: Yes.
Mr. Miller: We have two machines up in Lantana, and they are pedestal mounted
machines. The same machine, but they are on a pedestal, so...
Mayor Suarez: That means that you can't remove them from the pedestal and
bring them down?
Mr. Miller: Well, it would be kind of difficult to remove the pedestal.
Mayor Suarez: I don't know. I mean I don't...
Mr. Miller: Yes.
Mayor Suarez: ...deal with machines on pedestal or otherwise. All right.
Mr. Miller: When we first talked to... July loth we found out that the City
was sending Acme Hoist a letter, and said that they were found to be
nonresponsive. We didn't receive... We didn't know anything about that until
July 19th, and July 19th Mr. Williams told me we had ten days to get a machine
in here to demonstrate to the City. That was July 19th.
,:-1i
Mr. Williams: Today is July 16th.
r
Mr. Miller: July 19th was a Friday. I remember the telephone call. So,
anyway, I said that wasn't impossible. It is a hundred... It is
sapproximately a hundred thousand dollar machine. We can't drive it down from
Eugene, Oregon just to demonstrate it. What we will do is fly one of your
experts out to Oregon, they can look at the machine, or they review a 15
minute tape that we put... That we sent to the City. It is a matter of a
hundred and fifty thousand dollars. Our bid is less than their bid. Neff
does not meet the machinery. There is not one engineer in the City who knows
�=t
141 July 16, 1992
s
=�
==`
=.
—ti
_''
how to evaluate a crane. There isn't one engineer in the City that can
evaluate a crane. This specification, if you want us to pay for an
engineering evaluation, we will do it, and we will prove that to you with a
certified engineer. What Neff says, and what Neff does, is not correct.
Mayor Suarez: OK. That as to the issue of the specification that it be able
to handle a thousand pounds?
Mr. Miller: This spec is overlapping.
Mayor Suarez: Twenty-five feet. Is that correct?
Mr. Miller: It overlaps. If you read it page by page you will see page
three...
Mayor Suarez: If you don't answer our questions there is no way we are going
to vote for you.
Mr. Miller: OK. What?
Mayor Suarez: You were trying to imply, or trying to state that Neff does not
comply with the specifications as to what? As to weight?
Mr. Miller: As written.
Mayor Suarez: As to weighti
Mr. Miller: Weight is one.
Mayor Suarez: As to the weight that it can lift? A thousand pounds. Is that
the one you were talking about?
Mr. Miller: Weight is the one.
Mayor Suarez: All right.
Mr. Miller: Moment load on the crane.
Mayor Suarez: OK. What amount was specified, and what is their performance,
as far as you know?
Mr. Miller:, Twenty-five hundred pounds at 25 feet requires 62,500 foot pounds
moment load. Their machine clearly states in here, it is 50,000. It is
twenty percent (20%) less. This is a very important factor...
Mayor Suarez: OK.
Mr.. Miller: ...in designing a crane, excuse me.
Mayor Suarez: So now you added to the weight ability the...
Mr. Miller: Well I have more.
142
f
July 16, 1992
Mayor Suarez: ...moment load. I just want to hear from our staff on that
issue. Once again, although I think we have got the same answers as before.
What about their ability to pick up a thousand pounds, and a thousand pounds
times the radius, with a moment load, as he calls it, being an issue too? Do
they, or do they not comply with our specs, and why not, and why do they if,
as he is alleging, they don't comply with the thousand pounds lift power?
Mr. Williams: Again, Mr. Mayor, we have addressed that issue with the vendor.
They have certified to us that they comply. We have not attempted to pick up
a thousand pound block at that number of feet from the crane, but we have
received every certification from the vendor that the equipment that they
deliver to us will meet spec, and does meet spec.
Mr. Miller: How can they certify it? It is a prototype machines. They
haven't... They have only built one of the machines, and it says in their
specification sheet, back towards the rear. It clearly states, again, fifty
thousand foot pounds. So, where are these certifications you are talking
about?
Commissioner Plummer: Question. Have they demonstrated that machine?
[INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC RECORD] They have
demonstrated it here in Miami?
Mr. Miller: Well that doesn't mean anything. You can demonstrate a machine.
It is like driving a Volkswagon and a Cadillac. What I am saying...
Mr. Robert Moore: Mr. Suarez.
Mr. Miller: The main point I am saying is...
Mr. Moore: Mayor.
Mr. Miller: If I could just say something. If you get a price...
Mayor Suarez: Sir. You have said a lot. Now I am going to stop you right
there. You went a little to far, just there. All right, sir. You want to
answer? And then...
Mr. Moore: I am Robert Moore.
Mayor Suarez: ...we will let you complete your statement, and we are going to
_ have to rule on your protest. And it would help if you would give everybody
else an opportunity to express themselves. Yes, sir. Name... Now, if you
are acting on behalf of the client we need to know that.
Mr. Moore: Yes. I am the one...
_'` Mayor Suarez: The bidder.
Mr. Moore: ...that manufactures the Warrior.
Mayor Suarez: I am sorry?
Mr. Moore: I manufacturer the Warrior, locally.
143 July 16, 1992
Mayor Suarez: What is you name, sir?
Mr. Moore: My name is Robert Moore. I reside at 9290 S.W. 117th Terrace.
Mayor Suarez: You manufacture the...?
Mr. Moore: I am the one... I am irresponsible [sic] for this, and...
[INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC RECORD] Thirty-eight years.
Mayor Suarez: What is the name of your company, sir?
Mr. Moore: Cammeron Equipment Corporation. We have been in...
Mayor Suarez: The question has been raised that our specifications call for a
thousand pounds of lift power, and I forget how many of moment load. Does
this machine, that is being recommended by staff, in your estimation, comply
with those specs?
Mr. Moore: I am very happy that I have the opportunity, while Bill is here,
and we can go on record that he can understand, specifically, my machine, and
he keeps coming at me with things that he doesn't know about. Number one,
Bill...
Mayor Suarez: You don't need to argue with Bill. You are trying to convince
US.
Mr. Moore: I am not going to argue with this Commission, but to answer your
question, we exceed these specifications.
Mayor Suarez: As proven by?
Mr. Moore: As proven by IMT Corporation who manufactures the crane portion of
our unit. This is a machine that is normally a 13.7 ton crane, and it has
been derated by fifty percent (50%). and in the specifications it shows that
it is 6.91 ton crane. Now, the City owns three Warriors at the present time.
This particular machine, that we have bid at this time, was predicated on the
fact that the City would require, or would like for us to mount the operator
on the mast, rather than in the ones they have now, and that is what we did.
And we brought it to them, and they used it, and we have bid it. It meets and
exceeds the specifications. He mentions the thing of moment. This happens to
be a crane base for a 13.84 ton crane. It exceeds anything that he is...
Well he just doesn't know.
Mayor Suarez: Thirteen, point eight ton, and we allow to multiply that by
two thousand pounds, or something, to try to get something comparable to the
figures he is using, or are you going to insist on using a whole different
measure so that we get totally confused?
Mr. Moore: No. I don't...
Mayor Suarez: Even more confused than we are.
144
July 16, 1992
Mr. Moore: ...want to confuse you. No. All I am... I think the bottom
line, Mayor, is the fact that this machine exceeds and meets every
specification that the City has asked for.
Mayor Suarez: OK. As a manufacturer, that is your belief.
Commissioner Plummer: Let me ask a... Let me ask a dumb question.
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: In the City of Coral Gables we never see hot tubs at
everybody's property line. Where the cranes come along to pick up the
garbage, the trash, and they dig a hot tub. And we got big, big holes in the
front of our property that maybe once in a year, GSA will come by with a dump
truck and fill these hot tubs back up, because with the rain, you got a big
pond right in front of your house. Will your crane eliminate that, sir?
Mr. Moore: If the operator is...
Commissioner Plummer: Because we don't find that in the City of Coral Gables.
So 1t must be the crane because we are told we have the best operators in the
world.
Mr. Moore: Well I have tried for years to get the City of Coral Gables to buy
ATM; my machine, but they don't think that the price is right for them.
Commissioner Plummer: Well, if they are not buying your machine, I want to
buy their machine because they don't have hot tubs.
!
Mr. Moore: Well, we won't have hot tubs either, and if you will give... The
knuckle booms do not have to have hot tubs, and they don't. It is up to the
== operator.
Mayor Suarez: OK.
-1 Mr. Moore: It is one of the reason because they use knuckle boom cranes.
Mayor Suarez: Now we discussed Coral Gables and hot tubs.
Commissioner Plummer: Who uses a knuckle boom?
Mr. Moore: Coral Gables.
Commissioner Plummer: And that keeps from having the hot tubs?
Mr. Moore: That is one of the reasons you don't have...
Commissioner Plummer: Then why aren't we doing that Mister...
Mr. Moore: You have three, sir. And I hope that you will have another six.
Commissioner Plummer: We are buying the antihot tub?
Mr. Moore: That is right.
145
July 16, 1992
Commissioner Plummer: OK.
Mayor Suarez: Now we have got the antihot tub. All right. Anything further,
-
Mr. Miller? -
-
Commissioner Plummer: Miller?
Mr. Miller: The Acme Hoist is a so call antihot tub. It is a knuckle boom —
crane.
Mayor Suarez: What is that term you are using? It was used before by my... --
Mr. Miller: Acme Hoist.
Mayor Suarez: ...colleague, and I didn't understand it, but for the record =_
what is it?
Mr. Miller: Hot tub?
Mayor Suarez: No. The other one. Knuckle?
=
Mr. Miller: Knuckle boom.
Mayor Suarez: Knuckle boom. All right. Didn't know that one.
Mr. Miller: And the a...
-'
Mayor Suarez: Knuckle boom.
�+
Mr. Miller: According to their limited warranty sheet they don't comply with
—
the warranty. I don't know if you want to hear any more of these
specification challenges or not. —
='
Mayor Suarez: Anything else that is a deficiency in the bid that we are about
to accept, we would like to hear from you, sir.
—
Mr. Miller: I would like to know what their warranty is. Their warranty —
shows 90 days in their bid.
=;
Mayor Suarez: What did the specs require for a warranty? --
`'
Mr. Miller: Twenty-four months.
Mayor Suarez: Twenty-four months. And they are showing 90 days? �-
Mr. Miller: Yes. Ninety days on the crane.
-Pl
Mayor Suarez: Mr. Williams first, please, before we get into the bidder.
—';
What -about that? Did we specify 24 months, and are they responding 90 days?
}
Mr. Williams: They are not responding 90 days, Mr. Mayor. We went back and
asked them about that, and they have provided us with a document assuring that _
they will respond to a 24 month warranty.
146 July 16, 1992
Mayor Suarez: OK. Are we allowed to get that by way of additional...
Mr. Williams: Well, let me... No. Let me explain that.
Mayor Suarez: ...modification or clarification or whatever it is that you
have?
Mr. Williams: Let me explain how that happened.
Mayor Suarez: Can I finish my question? - ...
Mr. Williams: Yes, Mr. Mayor. You most certainly can.
Mayor Suarez: ...which is really more directed at the City Attorney than at
you, but you may both want to give us input on it. Sounds like he is saying
that they initially only answered 90 days as to the warranty, and now they are
answering that they will satisfy 24 months. What can we do? Can we approach
these bids that way, Mr. City Attorney? - or Ron, either one.
City Attorney Jones: Well, it depends on the fact if that is a substantive
term, and to the extent that that would nullify, that in itself would nullify
the rest of the... Their compliance with the rest of the specs. Certainly
you can seek clarification, but if that alone, in itself, were deemed to be of
a greater substance, that would nullify the rest of compliance with specs, and
I would say yeah, but I think you have a whole series of specifications that
would have to be taken...
Mayor Suarez: Mr. Williams, are you now satisfied that they will, in fact,
satisfy that? [INAUDIBLE RESPONSE ONE ENTERED INTO THE PUBLIC RECORD] OK.
— e Anything further, Mr. Miller?
Mr. Miller: In summing up, the Acme knuckle boom, that we are proposing, is =
still, even using the Neff bid, the Acme knuckle boom is $1,400 per unit less,
including the truck, at $28,800. It is still... The City would save over
$100,000, and the Acme knuckle boom is equal to these specifications. So, no
matter.what they say about the CMI crane, we also... One of the companies
that I represent is Acme Hoist who manufactures a knuckle boom, and our
knuckle boom meets all of the specs, including the warranty, including the
tire size, including the engine, the capacity, et cetera, and whatever.
_ Everything in the specifications, and it does so for $97,800 each unit, _
compared to Neff of one hundred and nine, nine. So anyway you want to look at
this...
Mayor Suarez: OK. Let me ask about that then, since we have to go back to
your chart. What do we find differs from his chart? Where do we think his
chart goes wrong, as far as our analysis, if anywhere? Have you had a chance =_-
to look at it, Ron, and...?
Mr. Williams: Yeah. I have looked at it, Mr. Mayor, and if I go down to
CMI... Is that the one we are talking about now?
—` Mr. Miller: No. We are talking about Acme right now.
147 July 16, 1992
Mr. Williams: Oh. Acme. Oh yes, I am sorry. Acme, he did list that
consistently with his bid of sixty-nine thousand. We might vary slightly on
the truck. So I think that we are probably close to his price being ninety-
eight, ninety-nine thousand dollars, or clearly less than the one oh nine.
Mayor Suarez: So what is the conclusion as to Acme's bid versus Neff?
Mr. Williams: Well, I think he did accurately, very closely, assemble,
resemble his bid.
Mayor Suarez: He just gave figures for Acme and for Neff. I believe he said
for Acme, ninety-seven nine...
Mr. Williams: Eight.
Mayor Suarez: ...and I think he said for Neff, one oh nine, nine, or I may...
Something to that effect. What are our figures for Acme versus Neff?
Mr. Williams: Our figures on Acme would be sixty-nine and thirty. Our
figures would be ninety-nine thousand.
Vice Mayor Alonso: So, indeed, there is a savings.
Mr. Williams: Yes. And for Neff it would be one oh nine thousand, yes.
Mayor Suarez: So why are we recommending Neff now versus Acme?
Mr. Williams: Because we exercise our right in the bid specs to see the Acme
crane that I decided...
Mayor Suarez: The Acme what?
Mr. Williams: The Acme crane...
Mayor Suarez: Crane.
Mr. Williams: ...that I believe Mr. Miller indicated...
Mayor Suarez: Oh. That is the one that couldn't get close enough to Dade
County.
Mr. Williams: Yeah. I think he said it is on stilts in Lantana.
Mayor Suarez: Or he said on a pedestal, I think.
Mr. Williams: Pedestal, I am sorry.
Mayor Suarez: Ah.
Mr. Williams: And then he has another one, I believe, in Oregon that...
Mayor Suarez: Well, we heard about the one in Oregon, and that...
Mr. Williams: Yeah.
148 July 16, 1992
Mayor Suarez: ...is kind of far.
Mr. Williams: Yeah.
Vice Mayor Alonso: So we did not take a savings of almost twenty thousand per
11,1 crane because we couldn't...
Mr. Williams: Because we have no...
Vice Mayor Alonso: ...exercise the right of seeing the equipment?
Mr. Williams: Right.
Vice Mayor Alonso: Wasn't it worth to travel...
Mr. Williams: Absolutely, no. No, Vice Mayor. Absolutely, no...
Vice Mayor Alonso: Why not?
Mr. Williams: ...and let me tell you why. Some of the cranes that we have
in
service now last 30 years. This is a major...
Vice Mayor Alonso: Just a minute. Just a minute.
Mr. Williams: Let me finish, please.
Vice Mayor Alonso: Just a minute.
Mr. Williams: Let me finish.
Vice Mayor Alonso: Just a minute because you just stated something in
the
record that is quite confusing.
Mr. Williams: Um -hum.
Vice Mayor Alonso: You said the reason we didn't do it is because we exercise
the right to see it. Wasn't it worth to travel to see the equipment?
A
savings of $20,000 per crane.
Mr. Williams: The answer is no, and I want to explain it to you.
Vice Mayor Alonso: Why not?
Mr. Williams: That is what I was trying to explain, Vice Mayor.
Vice Mayor Alonso: OK. You do...
Mr. Williams: If you will let me.
Vice Mayor Alonso: ...a good explaining because I am having a hard time.
Mr. Williams: This is major equipment that lasts many years. I used
the
number of years of 30 earlier. We do not buy equipment, for the City
of
149 July 16, 1992
Miami, that we have not looked at, played with, worked with, proven that our = -
investment in that equipment, for that period of time, plus we are talking
$100,000 here, per unit. We do not gamble that equipment that equipment will
work in our environment. We make the judgement that we want to have garbage —�
trucks, we want to have cranes, we want to have your major equipment that we
ask you to purchase here, come to our site, work in our environment, and we
can assure you from that on site test, that is the kind of equipment that we
need in this community.
Vice Mayor Alonso: Do you mean to tell me that... Because when you make a -
statement you play with, and all of that. You mean to tell me that
environment plays a role in this kind of equipment?
Mr. Williams: A fireman?
Vice Mayor Alonso: You said you need to play with, test the equipment, and I
am telling you savings of $20,000, couldn't you go there. Then you referred
to the environment. Does it play a role in cranes, weather affects the...?
Mr. Williams: Oh. I meant. I am sorry. I mislead you. I mean our working
environment. I am sorry. I meant our working environment.
Vice Mayor Alonso: What do you mean by that? Be more specific.
Mr. Williams: When I say our working environment... We are one of the few
cities in the country that pick up trash from the City streets weekly. We
have a crane operation, where we would use this equipment, that has to move
along the streets, with one operator positioned on the back of the crane, with
full capability to operate the truck from that position, and in traffic. It
has to be visible. He has to be able to see, and that equipment is on the
streets every day. There are very few cities, I quite frankly don't know of
any in the U.S., that operates like that.
Vice Mayor Alonso: That is fine, but when you see the equipment, you can
identify if the equipment is the appropriate type of crane that is needed or
not. You can see it.
Mr. Williams: We are not able to do that form a video tape, or from a single
visit. We need to put that equipment on S.W. 8th Street...
Vice Mayor Alonso: Couldn't we send an expert to examine the crane? Because
it seems to me that $20,000 saving per crane justifies...
Mr. Williams: Vice Mayor Alonso, it is...
Vice Mayor Alonso: ...a trip to examine the equipment.
Mr. Williams: If you look at the bids...
Mayor Suarez: We are getting a little confused, by the way...
Mr. Williams: ...there were some cranes that were forty or fifty thousand
dollars less.
150 July 16, 1992
Mayor Suarez: We are getting a little confused here by the reference to
$20,000. I understood it was a $10,000 difference, Commissioner.
Vice Mayor Alonso: Well, no. Because if, indeed, he is saying that, yes the
price of Acme is indeed in the neighborhood of 97 or 98 or 99 or 96,000, we
are talking about 20,000.
Mr. Williams: No, the difference would be between 109 and 98, 99.
Vice Mayor Alonso: Well, it's 118, the company is going to receive the...
Mr. Williams: That's incorrect. That's Mr....
Vice Mayor Alonso: Why?
Mr. Williams: The total bid price is $109,900. I don't know why.
Vice Mayor Alonso: Transmission is not true? He made the statement that this
$2,100 for transmission is not...
Mr. Williams: No. No, Vice Mayor.
Vice Mayor Alonso: No what?
Mr. Williams: No, his numbers are not correct.
Vice Mayor Alonso: What he means by transmission? Sir, what do you have
$2,100 and $3,000 here?
Mr. Miller: Yeah, the $2,100 I took from their bid. It's in Neff's bid.
Vice Mayor Alonso: Oh, you did?
Mr. Miller: And it's also in their bid $570 each. If you look on their...
Mr. Williams: Vice Mayor, we are presenting to you in our recommendation a
purchase of $109,900.
Mr. Miller: Excuse me. Can I say... Am I still open? Can I just something
that...
Vice Mayor Alonso: Sure. Respond to...
Mr. Miller: The information that I got, I went over to the City and pulled it
off of Neff's bid. I didn't make this up. I got this information off their
bid. They proposed for an additional warranty $570. They proposed $2,100
extra for a heavy-duty transmission which was originally in the specs but they
chose not to bid it. They didn't mention anything about the $600 in Michelin
tires that would cost extra. They would not tell me where they were buying
their Ford trucks so I had to go to... No one in that office there, in your
Procurement Department would tell me where I could get a price on their trucks
so I could make an intelligent observation. So I had to call 25 truck
manufacturers in this area. I finally found out that Atlantic Ford, a local
vendor, will supply you with a truck for $28,800 that meets these specs, with
151 July 16, 1992
the Michelin tires, with a heavy-duty transmission, with everything their
specs want. Now, what Ron Williams does in procurement, they keep going back
to Neff and saying will you give me another letter? Will you give me another
letter? This is, in my opinion, it's the worst bidding I have ever seen in my
life. In the future, don't go out for bids because they buy whatever they
want. Neff does not meet the specs. I told him I would pay for a certified
engineering analysis. It's very difficult for laymen to understand the basic
principles of the machines. Neff's machine will be overloaded so its life
expectancy is going to be five years, in our opinion. And I have also told
the City that Acme Hoist would provide what we call a first article test,
which means that we will build a machine to their specs and send it down here
and if they don't like it, they don't have to buy it. Now I don't know what
else you can say. Now we also offered to pay for their trips to the factory
in Oregon where the application is identical. Lane County, Oregon has an
application very similar to City of Miami. Now, as far as numbers, Acme Hoist
has over 1,000 units in operation. Neff Machinery has one Warrior II, so this
information that I'm getting - you wonder why I get upset. Every time this
crane bid comes out, we have to go through all this stuff, and over and over
again, to get a true bid. The bid opened, it should have been bid to specs.
Mayor Suarez: Sir, I don't wonder why you get upset. Everybody who is about
to lose a bid or who is not recommended gets upset. What I wonder about is
why you aren't willing to listen to other people. You have taken up an
incredible amount of the record in the last 15 or 20 minutes, or half hour and
you have a hard time letting anyone else finish one complete sentence. So I
just want to answer that. All right. Anything further from you? - then we
hear any answers from staff, and I guess Neff is going to want to finally say
something about themselves and then we have to decide. Anything further? And
then Mr. Gonzalez-Goenaga. Yes.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Miller: Can I... Am I finished?
Mayor Suarez: Mr. Gonzalez-Goenaga, have a seat, sir. Just have a seat.
Yes, sir. He's behind you. Don't worry, he's sitting down now. Did you have
— anything else you wanted to add? You have tried to explain to us probably the
entire process, analysis, equipment and everything. We've done our best to
understand what you are saying. Anything further? Because you are protesting
jand I'm not sure that your protest 1s valid as to one company, but it's
probably valid as to the other. Maybe it's valid as to both, but we've heard
you on both.
Mr. Miller: Well, the only... No, in summing up, I'll say simply that we'll
provide the City with a machine that's equal to their specs for $12,100 less
per unit. That's it.
Mayor Suarez: All right. Very good. Anything further from you, Ron? - and I
guess that we hear from Neff.
Mr. Williams: Just quickly, Mr. Mayor, I'm compelled to respond. Mr. Miller
has a different way of doing business, and I don't want to really get into an
attack mode, but, you know, he's harassed everybody in my building about this
thing and I've said to staff to be polite to him but he asks people to do
152 July 16, 1992
unusual and unfair things often. He bid from four different companies. We
work with him to try and throw him into the mode...
Mayor Suarez: Is there anything improper about that, Mr. City Attorney? Mr.
Manager?
Mr. Williams: I was concerned about that because he bid against himself at
least three different times in this bid.
City Attorney Jones: Well, I don't know 1f there's anything improper. It may
be unethical from a business standpoint, but I don't know... I'm not...
Mayor Suarez: From our perspective, there's...
City Attorney Jones: Yes.
Mayor Suarez: OK. It's just unusual.
Mr. Williams: That's why we continue...
Mayor Suarez: I've not seen that happen before, but...
Mr. Williams: That's why we continue to work with him, Mr. Mayor.
Mayor Suarez: We have had situations where junior partners of companies
bidding for underwriting or bond counsel end up on more than one team. We
have had that.
Mr. Williams: The difference is he bid different pieces of equipment each
time.
Mayor Suarez: All right, Mr.... Sir, or Mr. Mas Canosa or anyone that wants
to answer on behalf of Neff. Yes.
Mr. Juan Carlos Mas: Juan Carlos Mas for Neff Machinery, 10441 S.W. 187th
Street. We received CMI's protest which was the only timely one that was
filed. There were 10 issues which were on the protest which we responded to
in a letter to Ms. Anne Whittaker and Judy Carter from...
Mayor Suarez: Well, you've heard the ones that seem to be the most important,
most weighty of the ones that they presented. Do you want to answer any of
those?
Mr. Mas: All 10 of them, of the 10 of them, nine were technical
specifications which the engineer and manufacturer has assured that we meet
all of them, we comply to the specifications. Mr. Miller said that they would
bring a unit over and if the City didn't like it...
Mayor Suarez: They were bringing?
Mr. Mas: That they would bring a unit over and if the City didn't like it,
they wouldn't buy it. Our unit, when we bring it to the City, if it doesn't
meet specs, I'm sure you are not going to buy it either. The 10th point was
the warranty, it has a 24-month warranty. There has been no modification by
153 July 16, 1992
7-1 f�
Neff on the bid. There was a 24-month warranty. It is the limited warranty, —_
where if certain things fall out at certain points, but overall it is beyond a
24-month warranty.
Mayor Suarez: OK.
Mr. Mas: We have met all the specs...
Mayor Suarez: Anything from your expert or the manufacturer?
Mr. Moors: The Warrior at the present time is working in the City on the City
streets.
Mayor Suarez: There was an allegation that there was one such equipment.
Mr. Moore: There is the Warrior II, is the one that we had bid on this unit.
The difference between the two is the operator rides rather than in the truck,
he rides the mast in the circular motion and runs from the rear of the truck.
The units are built here locally, gentlemen. I'm here right in your own
backyard.
Mayor Suarez: Lady and gentlemen.
Mr. Moore: Yes, sir. So, that's about the end that I can tell you. We meet
the specs. There's no question about it.
Mayor Suarez: OK. Mr. Williams, the basic reason why the Acme bid is not
lower in price is that you felt that they were disqualified for being unable
to show you the equipment. Is that the basic reason?
Mr. Williams: The basic reason, yes, Mr. Mayor. I don't know if the
equipment will do anything that Mr. Miller says it will.
Mayor Suarez: And the issue of Acme being before us on a protest, Mr. City
Attorney, or Mr. Manager, are you able to tell us whether Acme is in fact the
protesting entity here today or not?
City Attorney Jones: My understanding
was the one that wasn't timely.
it wasn't... I'm not sure if this one
Mr. Williams: That's the one. It was not timely.
City Attorney Jones: We decided that it wasn't a timely protest.
Mayor Suarez: When it's not timely, there's no discretion for us to...
City Attorney Jones: Really you shouldn't hear it.
Mayor Suarez: All right. Sir, who do you represent?
Mr. Julio Echevarria: Mr. Mayor, Commissioners and some other part of the
Administration here, I am small. My name is Julio Echevarria, I am working
for 19 years in Dade County and also in the City of Miami. I am small but I'm
proud of what I'm doing. I'm working very force [sic], hard way to...
154 July 16, 1992
U
NEI
Mayor Suarez: Do you represent any of these companies that bid in this case?
Mr. Echevarria: I represent J & E Power, yes, Mayor.
Mayor Suarez: Which one?
Mr. Echevarria: J & E Power Corporation. That is dealing... It is difficult
for me to explain to you all kind of points, and this is very literal [sic]
situation. This 1s no easy situation, especially for me. Nineteen years in
Dade County, the City of Miami.
Commissioner Plummer: That is an ugly looking crane.
Mr. Echevarria: No, when you asked of the gentleman...
Mayor Suarez: You have to get closer to the microphone. We are having a hard
time...
Mr. Echevarria: OK. But just according to the gentleman, regarding to the 25
feet, 1,000 pounds, everybody got confusion. I don't want to convince
anybody. I just repair some equipment and make parts for the City for 12
years, generate different parts. They are happy with my work, with my job,
with my parts and I think I'm little capable to say something regarding to the
different equipment according with the price the money the City is paying.
And I think if I don't think it, this kind of equipment this gentleman
proposed to the City of Miami, I am not here today. For sure. Believe it or
not believe it. I am capable. I don't think he have a very strong heavy
equipment, heavy truck for $28,000. But you are talking about more truck,
heavy truck, you are investing money in heavy equipment and the right
condition equipment. It can't be used, are not usable. Beside to the
Administration. I can't decide that point. Third, I just try to survive, to
grow. I think it's the opportunity in almost 20 years, I expect in growing my
business. Do something, in the 20 years, do something. I am sure I can bring
people to work, we can do many part for this equipment. We go to prepare the
equipment to produce to the City and I'm going to keep helping the City in the
way I am doing for 12 years. Third, we repair equipment. I did. CMI
Equipment, that's another equipment. I make a lot of things. I can make my
own judgment, too. And I deserve part of the purchases come to my company to
keep surviving and make us a living. If my product no good, I am happy to be
away from this place, turn my back. You know but I think of equipment, it's
strong and safe. I don't have that much more to say. Your decision is
welcome to me one way or the other.
Mayor Suarez: Where do we use his equipment, Ron? I believe he says he's had
a longtime relationship with the City and he provides equipment for us.
Vice Mayor Alonso: Twelve years.
Mr. Williams: I really don't know, Mr. Mayor.
Mayor Suarez: You don't know? What about their bid? How does it compare to
Neff?
155
July 16, 1992
Mr. Williams: J & E's bid, if... Let's see. I believe he bid... He bid two
different pieces of equipment. I'm not sure which one. One was $73,000 or
103, one was $94,000 or 124. I'm not sure which piece of equipment he's
talking about. Which one are you talking about?
Mr. Echevarria: Well, we are talking about one answer now. Tomorrow I can
decide... I can make another quotation, anything for the City. We are talking
about one specific item. The one... You have it.
Mayor Suarez: The one we've been talking about all this time...
Mr. Echevarria: The one we talking... We are not talking about another piece
now.
Mayor Suarez: ... that is under dispute.
Mr. Williams: OK. I believe his bid was 103160.
Mayor Suarez: How does that compare to Neff?
Mr. Williams: One oh nine nine.
Mayor Suarez: So how come Neff is the recommended one over his, which
apparently is less expensive?
Mr. Williams: Well, two reasons. First of all, this bid came in incomplete,
lacking various...
Mayor Suarez: What kinds of things was it lacking?
Mr. Williams: It did not have an occupational license initially. I don't
know if he's gained that at this point. Secondly, it is the same piece of
equipment that Mr. Miller was talking about. I think he and Mr. Miller are
working together some kind of way, and we also asked to see the - I think this
is the equipment from Oregon. I believe that's what he's bidding.
Mayor Suarez:. OK. All right.
Mr. Williams: And I don't believe you are in the business of selling cranes.
I understand you to be a repair shop. Is that correct?
Mr. Echevarria: I bid to selling cranes and manufacturing cranes in the
future. I go to start to work different my operation. We are small, we are
expecting to be bigger.
Mayor Suarez: I heard him say in the future. All right. Mr. Gonzalez-
Goenaga before we decide on this.
Commissioner Plummer: You know, Mr. Mayor, while we are waiting for Manny.
There's something, Mr. Manager, around here that's radically wrong. I've been
here 21 years and in the last six months, we have had more bid protests than
we've had in the 21 years I've been around here.
Mr. Odio: You know what that's called? Recession.
156 July 16, 1992
Commissioner Plummer: Look at the time this is taking. It's incredible. We
are going to get eaten alive.
Mr. Odio: We denied the... but they want to be heard.
Commissioner Plummer: Well, I'll tell you something. If this thing is going
to continue to get worse, Mr. Mayor, I'm going to make a recommendation that
the hearing in front of the officer be the final hearing. We cannot spend
this much time on every bid that's coming in these doors.
Mayor Suarez: They are very technical. The issues are very technical. They
have exceeded our...
Commissioner Plummer: You know, and I've got to be honest with you. I don't
have the slightest damn idea of whether that truck will reach out here or that
arm will pick up here. The only thing I know is they come around my house and
dig a hot tub. Now, which piece of machinery does that, or which one doesn't?
I don't know, and Michelin tires, and 1,000 pounds and a knuckle sandwich and
blah, blah, blah. What the hell am I supposed to know about that? I mean,
you want to get buried, I'll do it with perfection. I'm an expert. OK?
Commissioner Dawkins: That's your opinion. That's your opinion.
Mr. Odio: I want a copy of this record.
Commissioner Plummer: And with you, the sooner the better. But the only damn
thing...
Commissioner Dawkins: That's your opinion about being an expert undertaker.
Mr. Williams: Commissioner Plummer, we'd be glad to work on some system
outside of the Commission meeting to give you that detail.
Vice Mayor Alonso: I don't think that all of us will agree with that.
Commissioner Plummer: I'm almost in conflict of interest to get machines to
dig holes. That's my business, but...
Mayor Suarez: All right. Do you want to say something again?
Mr. Echevarria: Yes, sir. Yes, Mayor. One of the things, the reason I
little heard [sic] in that situation... I tried to complain and I don't feel
very happy. They refused my quotation because I don't have an occupational
license. My occupational license is working. I've got to fight his office
helped me yesterday and I was working yesterday all day to try to get copy of
my occupational license...
Mayor Suarez: What date does it have on it?
jMr. Echevarria: ... to prove to the City I have in my hand.
Mayor Suarez: What date does it have on it?
157
July 16, 1992
Mr. Echevarria: Pardon me?
Mayor Suarez: What date does it have?
Mr. Echevarria: I don't follow you.
Mayor Suarez: QUE FECHA TIF`:E?
Mr. Echevarria: The lady, I forgot her name. I've got it in writing some
place here.
Mayor Suarez: QUE FECHA TIENE? What date?
Mr. Echevarria: She refused my quotation. They put them down the other time.
And I think he say now I don't have the occupational license, Mayor.
Mayor Suarez: QUE FECHA TIENE EL occupational license?
Mr. Echevarria: This is the occupational license copy. This is the seal of
the corporation. This is the seal of the corporation for 19 years, the
occupational license.
Ms. Hirai: July 15th, Mr. Mayor.
Mayor Suarez: July 15th. That's yesterday. All right. I presume it's 1992.
All right. Thank you, sir.
Mr. Echevarria: Thank you. That's good enough.
Mayor Suarez: Mr. Gonzalez-Goenaga.
Mr. Manuel Gonzalez-Goenaga: Good afternoon distinguished Commissioners. I
am not going to get into the details and technicalities of whatever we are
buying with peoples' money. I am going to go much deeper than that, and I...
And don't interrupt me because if they have a right to sue me for libel and
slander, let him do it. The courts are across the street. This company is
owned by Mr. Jorge Mas Canosa, alias Charles De Gaulle. Mr. Jorge Mas Canosa
and his people are involved in criminal activities. Mr. Jorge Mas Canosa has
secret accounts with slush funds.
Mayor Suarez: Mr. Gonzalez-Goenaga.
Mr. Gonzalez-Goenaga: Well, let me finish. Let him go and sue me.
Mayor Suarez: Sirt
Mr. Gonzalez-Goenaga: He is not fit to bid.
Mayor Suarez: Mr. Gonzalez-Goenaga. Sir! You've made allegations. They are
very general.
Mr. Gonzalez-Goenaga: No, I have the details.
158 July 16, 1992
Mayor Suarez: They are very irrelevant to this case. Now, if there's any
criminal...
Mr. Gonzalez-Goenaga: Yes.
Mayor Suarez: Wait, sir! If there's any criminal charges pending against
this company or its principals - I believe it's Jorge Mas, Jr., I don't that a
Jorge Mas, Sr. is involved, you may know better.
Mr. Gonzalez-Goenaga: Well, the same...
Mayor Suarez: Sir! Please.
Mr. Gonzalez-Goenaga: ... dog with a different color.
Mayor Suarez: If there 1s any...
Mr. Gonzalez-Goenaga: Yes, I am going to go now to the...
`
Mayor Suarez: ... allegation,...
Mr. Gonzalez-Goenaga: ... allegation. Yes.
Mayor Suarez: ... pending charge against him or...
.�
Mr. Gonzalez-Goenaga: The allegations is...
Mayor Suarez: Sir! Then please bring it to our attention. If there isn't,
e
you can take your allegations to the State Atnorney's office. Not here.
-
Mr. Gonzalez-Goenaga: OK. Then to continue and getting off that issue, we
have to be very careful with some of these Commissioners who are greased by
_
Mas Canosa during the - through the financing of the campaign. And this is a
matter that I love to speak with a little more details.
Mayor Suarez: Sir, as long as...
Mr. Gonzalez-Goenaga: Mr. Mas... Oh, no. Wait.
Mayor Suarez: Wait. Wait. As long as it's relevant to the bid...
Mr..Gonzalez-Goenaga: It's relevant to the bid...
i
Mayor Suarez: .. that is before us.
�:..
Mr. Gonzalez-Goenaga: ... because it is relevant to the decisions that these
— :
things matter for the citizens of Miami and you, Mr. Suarez, and you, Mr. De
Yurre, are here to represent the citizens, not to...
.
Mayor Suarez: That's certainly correct.
Mr. Gonzalez-Goenaga: ... be greased by a gangster. Thank you.
_:.
Mayor Suarez: If you have any indication, sir, that there's anything...
j
{
159 July 16, 1992
Mr. Gonzalez-Goenaga: Let it go to court.
Mayor Suarez: ... improper about this bid,...
Mr. Gonzalez-Goenaga: I am finished.
Mayor Suarez: All right.
Mr. Gonzalez-Goenaga: I said enough, and to the heart.
Mayor Suarez: Very good. All right. Thank you, sir. Anything further,
Commissioners, on this matter? Do I have a motion? Do I hear a motion one
way or the other? What is the recommendation of staff?
Mr. Mas: May I say one thing before the motion?
Mayor Suarez: OK. Quickly.
Mr. Mas: I believe that the bottom line of this, I think this has become very
muddied.
Mayor Suarez: You might say that.
Mr. Mas: There are two companies which I believe were deemed to be responsive
by your staff. Those companies are Neff Machinery and CMI. Although Mr.
Miller has stated various prices on the CMI, if you look at the bid, his price
is $125,000, and our price is $109,900.
Mayor Suarez: The comparable prices, as we understand them, of CMI and Neff
are as he just stated on the record, Ron?
Mr. Williams: Ninety-five plus thirty, that's the comparison we've made, Mr.
Mayor.
( Mayor Suarez: That's $125,000 and what is it for Neff?
�.
-( Mr. Williams: For Neff, would be $109,000, and I just want to make 1t clear.
j That's $95,000 for the crane and we assign $30,000 for the truck.
Mayor Suarez: All right. One last question, Mr. Mas, since you are... The
{ very well-known Mas Canosa name was mentioned here. That is your dad. Is he
.;� involved in Neff Machinery? Is he involved in the company as a principal,
- ; officer or director?
Mr. Mas: He is not involved in the day-to-day operations but he does have an
ownership interest.
Mayor Suarez: As a principal, officer or director? He is a principal? - not
an officer or director.
Mr. Mas: I believe he is all three.
Vice Mayor Alonso: Chairman.
160 July 16, 1992
ado
Mayor Suarez: Chairman of the Board?
Mr. Mas: Yes, sir.
Mayor Suarez: OK. Not an officer.
Mr. Mas: No, sir.
Commissioner Plummer: After 45 minutes, have we made a decision of which one
is not the worst, the best, the could be?
Mayor Suarez: Once again, on the record, as far as we understand the
challenging entity here, the protesting entity bid, $125,000 including the
truck. Is that correct?
Mr. Williams: That's correct, Mr. Mayor.
Mayor Suarez: And the Neff bid is for what? - including the truck.
Mr. Williams: One hundred nine thousand nine hundred.
Mayor Suarez: What is your recommendation as to that and as to anything else
here that has been stated on the record? Challenges, qualifications,
occupational licenses, ability to look at the equipment, and all the other
criteria that you are supposed to properly determine.
Mr. Williams: The recommendation is twofold, Mr. Mayor, that you reject the
protest that we have before you that the City Attorney and the City Manager
have signed, and that you authorize us to issue a purchase order for the
purchase of the Warrior cranes from Neff Machinery.
Mayor Suarez: All right. I'll entertain motions from the Commission, one way
or the other.
Commissioner De Yurre: Move it, as recommended by the...
Mayor Suarez: Moved. Do we need to do both separately, Mr. City Attorney?
Commissioner Plummer: Yes.
Mayor Suarez: Move to reject the protest.
Commissioner Plummer: Can't do one without the other one being rejected.
Commissioner Dawkins: I move to... All right. I'll second the motion.
Mayor Suarez: Second the rejection of the protest. Call the roll on the
motion.
161 July 16, 1992
Aft
The following resolution was introduced by Connissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-479
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST OF CEDARVILLE
MANUFACTURING, INC., IN CONNECTION WITH BID NO. 91-92-
063, TO PROVIDE RUBBISH PICKUP CRANES, AS IT HAS BEEN
DETERMINED TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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: On the bid before us.
Commissioner De Yurre: Move it.
Mayor Suarez: Move the recommended bid of Neff Machinery. Do we have a
second?
Commissioner Dawkins: Since I'm not Cuban like Mas Canosa, I'll second it.
Commissioner De Yurre: You are not greased.
Mayor Suarez: Second. Call the roll on the motion.
162 July 16, 1992
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-480
A RESOLUTION ACCEPTING THE BID OF THE MAS GROUP, INC.,
D/B/A NEFF MACHINERY, FOR THE PURCHASE OF SIX (6)
RUBBISH PICKUP CRANES FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE/FLEET
MANAGEMENT DIVISION AT THE TOTAL PROPOSED AMOUNT OF
$654,000.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 353010; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Vice Mayor Miriam Alonso
ABSENT: None.
13. DISCUSS AND WITHDRAW CONSIDERATION OF PROPOSED RESOLUTION TO DIRECT CITY
ATTORNEY TO PREPARE A CITY CHARTER AMENDMENT TO CHANGE STATUS OF
DEPARTMENT OF OFF-STREET PARKING (DOSP) FROM A SEMI -AUTONOMOUS AGENCY TO
A CITY DEPARTMENT.
Mayor Suarez: Item 25. Directing City Attorney to prepare a City Charter
amendment changing the status of the Department of Off -Street Parking, semi-
autonomous agency, to that of a department of the City operating and
functioning under the supervisory control of the City Manager.
Commissioner Plummer: Mr. Mayor, I am opposed to this. I don't know where it
came from. Never did I ever hear... I spoke to the other one that is below
and I am in favor of that one. To make a member of this Commission the
potential chairman of the Off -Street Parking. But I don't... Never have I
ever heard any conversation here about making the Off -Street Parking Authority
under the City Manager.
Commissioner Dawkins: That's my idea.
City Attorney Jones: Yeah. I was directed by this Commission and...
163 July 16, 1992
Commissioner Dawkins: I directed him to bring that back to us.
Commissioner Plummer: All right, sir. I'm just saying I don't remember 25
ever being discussed.
Commissioner Dawkins: OK. I do.
Commissioner Plummer: Maybe it was and I wasn't in the room.
Commissioner Dawkins: OK. Yeah. I felt and feel that the Department of Off -
Street Parking should be under the Manager the same as the City Clerk and who
else you got under you? I mean under the City Commission.
City Attorney Jones: Yeah.
Commissioner Dawkins: The same as the City Manager, the City Attorney and the
City Clerk.
Commissioner Plummer: Let me...
Commissioner Dawkins: And that it could still maintain its board. I'd have
no problem with it, but I feel that if that goes before the voters and the
voters pass it, then we would be able to, I would be able to swallow Off -
Street Parking.
City Attorney Jones: Commissioner, just a point of clarification. I
understand what the instruction was to prepare this such that it would operate
under the auspices of the City Commission. However, the package that you have
says under the control of the City Manager and the reason that was done is
because is to put it under the auspices of the City Commission, of course,
would violate the form of government that your Charter specifies and, of
course, the only particular offices that are now under the control of the City
Commission...
Commissioner Plummer: Make it another department.
City Attorney Jones: ... would be that of the City Manager, the Clerk and
myself. So to place it under the control...
Commissioner Dawkins: I withdraw my request...
City Attorney Jones: OK.
Commissioner Dawkins: If it's illegal. Go to 26.
Mayor Suarez: Twenty-five is not before us. I do want to say for the record,
Mr. City Attorney, that if the Charter provides one thing and also implies
otherwise that the form of government is one of City Manager having the
administrative authority, I think you'd have to read the two together, and I
think it�would be quite proper but we are not going to...
City Attorney Jones: Well taken.
164 July 16, 1992
Commissioner Dawkins: Legal...
City Attorney Jones: Point well taken.
Mayor Suarez: ... get into a big legal argument about that.
14. APPROVE PROPOSED CHARTER AMENDMENT NO. 1, TO INCREASE OFF-STREET PARKING =
BOARD (DOSP) TO SEVEN, WITH ONE MEMBER BEING A CITY COMMISSIONER, A5
CHAIRMAN, CHOSEN ON ANNUAL BASIS -- CITY ATTORNEY TO ACT AS COUNSEL FOR
DOSP -- CALL SPECIAL MUNICIPAL ELECTION FOR NOVEMBER 3, 1992.
-------------------------------------------------------------------------------
Mayor Suarez: Anyhow, item 26, which may be the one that we have more
consensus on, which is to expand the board to include one Commissioner.
Commissioner Plummer: Explain to me if you would please the word "ex
offlcio." I thought...
Unidentified Speaker: You don't vote.
City Attorney Jones: No, that's not true.
Commissioner Plummer: Well, it was tokenism. Why would we want to put a
Commissioner there...
Commissioner Dawkins: Who could not vote.
Commissioner Plummer: ... that can't vote?
City Attorney Jones: No, no, no.
Mayor Suarez: No, ex officlo means by virtue of being a member...
City Attorney Jones: Yeah.
Mayor Suarez: ... of another board than he 1s...
City Attorney Jones: It doesn't mean that it's nonvoting. Ex officio never
means that. It's exactly what the Mayor says. It only contemplates or
symbolizes the fact that you derive the authority to sit in this position by
virtue of your position, or that person's position, as a City Commissioner and
would all further symbolize that there is an element of compatibility between
the two offices.
Commissioner Plummer:
Attorney,...
City Attorney Jones:
Commissioner Plummer:
Well, the only question I have here, Mr. City
I'm sorry, Commissioner.
... 1s the number.
165 July 16, 1992
City Attorney Jones: I didn't hear your question. I'm sorry.
Commissioner Plummer: The only question I have here is the number of the
makeup of the board.
City Attorney Jones: Yes.
Commissioner Plummer: Which now would, by virtue of this proposal, would be
six in number.
City Attorney Jones: Yes.
Commissioner Plummer: How would you break a tie? Normally, boards are made
up of an uneven number, the chairman...
City Attorney Jones: Yeah.
Commissioner Plummer: ... being the uneven, and in many cases, the chairman
only votes in the case of a tie. I'm not saying that, but it would seem like
to me that this board, if you are going to proffer it, should be five in
number or seven in number. I'm just...
City Attorney Jones: There is presently no provision for a tie breaker, but
do keep in mind that...
Commissioner Plummer: Excuse me. Is there not five members now?
City Attorney Jones: Yes.
Commissioner Plummer: OK. So the uneven number means that primarily there
will not be a tie unless one were absent or abstained from voting.
City. Attorney Jones: But keep in mind that this board can adopt whatever
rules that it deems fit that could deal with that. So, I don't really
think...
Commissioner Plummer: This board here could in fact make it seven members.
Is that correct?
City Attorney Jones: No, no, no. That's not what I'm saying.
Commissioner Plummer:
City Attorney Jones:
Comnissioner.Plumner:
I'm asking.
What I'm saying...
Can we make it seven?
City Attorney Jones: No. What I'm saying to you 1s that by the adoption of
bylaws that the board could provide for how tie votes are going to be dealt
with.
Commissioner Plummer: You are telling me that as a Commissioner going to a
charter amendment, that I can't place in here the number seven instead of six?
166 July 16, 1992
N
City Attorney Jones: Yeah. Well, you could put whatever number of members.
That's...
Commissioner Plummer: That's all I asked. You said no.
City Attorney Jones: Yeah. Well, that would be the subject of a charter
amendment. Just as it is here.
Commissioner Plummer: OK. No. Not as it is here, because here it's six. If
I were to vote favorably, I would want seven or five.
City Attorney Jones: No, what I'm saying to you is whatever number you want,
it would have to be this process that's before you.
Commissioner
Plummer:
That's fine.
City Attorney
Jones:
That's all I'm saying.
Commissioner
Plummer:
That's fine, sir.
Commissioner
Dawkins:
Well, are you adding to, J.L., so we can move this
and
go to 27?
Commissioner
Plummer:
As far as I'm concerned, you know, the number should
be
an uneven number. I would prefer to go with the number seven.
Commissioner
Dawkins:
So you are saying amend 26 to seven and you'll move
it?
Is that what
you are
saying?
Commissioner
Plummer:
If you want. Sure, you want to go to the public,
it's
going to go to the public.
The answer is yes.
Commissioner
Dawkins:
OK. Is that what you are saying?
Commissioner
Plummer:
Fine.
Commissioner
Dawkins:
I second the motion.
Mayor Suarez: With
that modification, moved and seconded, item 26.
Any
discussion?
If not,
please call the roll.
Commissioner Plummer: Excuse me. The only question I have, Mr. Mayor. You
have expressed, and maybe it's not important... It's not, but let me just ask
the question. Under this scenario, in the third year, you would be the
chairman. Group I of the City Commission is, in fact, the Mayor, and you have
expressed the desire that you didn't want to serve...
Mayor Suarez: I would think that under ordinary circumstances, the various
members of the Commission could sit as chair of the various authorities, you
know.
Vice Mayor Alonso: It has been placed as rotating.
167 July 16, 1992
City Attorney Jones: Well, the Mayor could always - or any member of this
Commission - could at any time, or at the time that you are up for
E_
chairperson,...
Mayor Suarez: Waive the right to...
City Attorney Jones: ... if you don't want, you could waive that. You can
always waive that right.
Commissioner Plummer: Yeah, but you see. Let's not get back into the same
thing, the hassle we got into this year. Remember? This here indicates that
there will definitely be a rotation. I would assume where this is a Charter
amendment that it's not elective, it is mandatory. OK? Now, remember,
Victor. Victor made the argument that he could have been at the Sports
Authority another year, and I think that, that latitude was there. But what I
read here, it is not the case. Mr. Mayor, I would say under this, as a =
Charter amendment, that you don't have the right to refuse to be chairman
because you are Group I, you or your successor.
Vice Mayor Alonso: Can we eliminate...
City Attorney Jones: The way it's worded now, you are absolutely right. It
is mandatory.
Vice Mayor Alonso: Can we eliminate then the rotation basis? —_
City Attorney Jones: No. Because what I've done is gone back, I think I've
already addressed...
-
Commissioner Plummer: Wait a minute. Why can't we? Why can't we offer...
City Attorney Jones: If you let me explain, I'll tell you why. I've already
addressed with you previously my concerns about this particular matter, and in =
trying to put this together such that it would sustain legal challenge, the =
only way to address the previous judge's concerns about the public being
absolutely sure as to what Commissioner or who that particular individual o
would be, would be to make it mandatory such that it would be rotational and
the general public would know that if your term is up, or your term is up at
end of whatever, or it begins at whatever, they will associate that with
—
whatever Commissioner is in that position. So I feel that this is the only
way to address the concern raised by the court which says that the way it was
previously worded and previously set up, the public was... the language was
such that the court did not feel that it was properly identified for the
public to know who is going to be sitting in that position.
Vice Mayor Alonso: Sir, but how could the public possibly know who is going
'
to be sitting when you go for reelection?
Commissioner Plummer: Yeah.
Vice Mayor Alonso: Maybe you are reelected or not. Maybe a new person comes
'i
on board. So you are saying seat whatever, it's going to be there, but who is
°rl
associated? Can it be on rotating basis rather than saying the group numbers? Y
168 July 16, 1992
�'svr.
Commissioner Plummer: Say that they serve a one-year term.
City Attorney Jones: Well, it's rotating... =_
Mayor Suarez: Or no, no. Can it just be appointed by the City Commission
from among its members?
Commissioner Plummer: Whoever is chosen, serves for one year.
_
Vice Mayor Alonso: I don't want to be... ah...
City Attorney Jones: It's rotating as it is. I mean, it's very specific when
it identifies the groups.
Mayor Suarez: Why can't you just say one member of this Commission as chosen
r
by our members? _
-
Commissioner Plummer: For a one-year term.
--
Mayor Suarez: For a one-year term.
Vice Mayor Alonso: For a one-year... _
City Attorney Jones: We did that before. The court said that, that was not
sufficient in terms of specific identification as to who was going to be in
that seat. So this is why I'm telling you, it was drafted this way to...
Vice Mayor Alonso: But they didn't have the rotating basis, did they?
-t
City Attorney Jones: No, they didn't. But was done the way that the Mayor
just'indicated.
Commissioner Plummer: Tell me what other board has a mandatory rotation
basis? _
Vice Mayor:Alonso: None.
_=
Commissioner Plummer: I'm asking. I'm asking the City Attorney, what other =_
board has...
City Attorney Jones: I'm not aware of any, and keep in mind, Commissioner, _-
'
you know. I'll,defend this to the tee. You are going to obviously take what
=
action you want. I mean, that's your prerogative to do. I simply drafted
this based on my professional judgment as to a better light we would be in if,
—
in fact, this is challenged. OK? And this is the way I have deemed that it's
going to be in the best interest of the City for it to sustain a legal
challenge.
Mayor Suarez: All right. Counselor, we are approaching the end of today
session, if we get to all the matters we have. We have planning and zoning. —
?
We are approaching...
Commissioner Dawkins: Last week's session.
169 July 16, 1992
Mayor Suarez: Right. We are approaching September, we are approaching the
election in which this presumably will be on the ballots. Please give us the
simplest possible way of accomplishing what we want to accomplish and let's
get on with it.
City Attorney Jones: I mean, I don't know what else to tell you, Mr. Mayor.
This is the best way that it can be done. I think it satisfies the concerns
that the court had before and that's why I brought it before you in this
fashion.
Commissioner De Yurre: I want to defer this for further consideration.
Mayor Suarez: OK. I have no problem with it as stated. I have no problem
with the modification. I have no problem with any...
Commissioner Plummer: Excuse me. I will not vote for it as stated. I don't
want to be...
Mayor Suarez: All right. If you have no other proposal, I will move on to
the next item.
Commissioner Plummer: ... I don't want to be the chairman of the Off -Street
Parking. I'm not going to be the chairman of the Off -Street Parking. That's
it.
Commissioner Dawkins: Move 27.
Mayor Suarez: All right. We are going to go on to item 27 unless somebody
has...
Commissioner Plummer: No, no.
City Manager Odioi No, it's withdrawn, Mr. Mayor.
Commissioner Plummer: I'm going to go back and I'm going to do this. OK?
And then let the City Attorney rule that it's out of order. I'm going to move
26 with the proviso that one member of this Commission be chosen on an annual
basis to serve as chairman of the Off -Street parking. That I'll move.
Mayor Suarez: So moved.
Commissioner Plummer: OK?
Mayor Suarez: To be part of the Charter amendment.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Dawkins: Now, under discussion. Is that legal, Mr. City
Attorney? No, wait a minute. let me go back. Is that illegal?
Commissioner Plummer: Illegal as a...
170 July 16, 1992
City Attorney Jones: Let's just say that we'll vigorously defend it if that's - -
challenged.
Commissioner Dawkins: OK. Thank you. Call the roll, Madam. -
Mayor Suarez: Call the roll. Please, sir. Please.
Vice Mayor Alonso: Why can't he give us an answer?
Commissioner Dawkins: Call the roll, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-481
A RESOLUTION, WITH ATTACHMENT, APPROVING, SETTING
FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED
CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT
NO. 1, TO INCREASE THE OFF-STREET PARKING BOARD FROM
FIVE TO SEVEN MEMBERS, OF WHICH ONE MEMBER SHALL BE A
CITY COMMISSIONER WHO SHALL SERVE EX OFFICIO WITHOUT
COMPENSATION AS A VOTING MEMBER -CHAIRPERSON OF SAID
BOARD FOR ONE YEAR AS DESIGNATED BY RESOLUTION OF THE
CITY COMMISSION; THE OTHER MEMBER SHALL BE APPOINTED
- -
INITIALLY BY THE CITY COMMISSION, AND SHALL SERVE FOR
A FIVE YEAR TERM AND THEREAFTER AS PROVIDED BY CITY
CHARTER SECTION 23 (b); MORE PARTICULAR BY AMENDING
—'
SUBSECTIONS (b) AND (c) OF CHARTER SECTION 23;
CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION
-
TO BE HELD ON THE 3RD DAY OF NOVEMBER, 1992, FOR THE —_
PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 1 TO THE
ELECTORATE AT SAID ELECTION; FURTHER, DIRECTING THAT A -
--
CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE
—�
SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, -
-
FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF
SUCH SPECIAL MUNICIPAL ELECTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
=y
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
_?
ABSENT: None.
=
171 July 16, 1992
W
City Attorney Jones: Mr. Mayor.
Mayor Suarez: Item...
City Attorney Jones: Mr. Mayor.
Commissioner Dawkins: Twenty-seven. J.L., you got a...
Mr. Odio: It's been withdrawn.
Commissioner Dawkins: ... problem with it before I move it.
_
Mr. Odio: It's been withdrawn.
City Attorney Jones: Mr. Mayor.
Commissioner Dawkins: Twenty-seven.
Mayor Suarez: Withdrawn?
Mr. Odio: Withdrawn.
'
City Attorney Jones: Mr. Mayor.
Mayor Suarez: Withdrawn? _
=
City Attorney Jones: Excuse me. I hate to interrupt. But I just want you to
_
_
know that at this point now, I have to tell that there will be a conflict of
interest between the Off -Street Parking Board and perhaps they are going to =
need to get their own counsel to defend whatever interests or whatever course —_
-
of action they want to take. I want to bring this to your attention that, --
=
that's going,to be necessary because, of course,... —
Mayor Suarez: As far as I'm concerned, they can pay with their own money.
City Attorney Jones: Yes.
Vice Mayor Alonso: That's right.
Mayor Suarez: I'm not authorizing any money from us.
City Attorney Jones: No. I'm not asking for you to authorize. They would,
in fact, pay for it but I need your approval...
Mayor Suarez: I mean from their own pockets.
City Attorney Jones: From their own pockets? -
��
4
Vice Mayor Alonso: Sometimes we wonder what's going on there.
f.;
Commissioner De Yurre: Isn't their own —
pockets, our pockets? -because they
f,
have a deficit, we end up paying for that deficit anyway. So we...
Mayor Suarez: No, no. I mean their pockets. Their pockets.
172 July 16, 1992 .
—`
Commissioner De Yurre: No I don't...
Mayor Suarez: I'm talking about their own personal pockets. They better not
take Off -Street Parking money to challenge something that we want to do. I
would not advise that. I would not advise that.
Commissioner Dawkins: We will not vote on that. J.L., you got a problem with
27?
Mr. Odio: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Odio: It was withdrawn, I think.
Unidentified Speaker: Which one?
Mr. Odio: Twenty-seven?
Unidentified Speaker: Yeah, it was.
Mr. Odio: He withdrew it.
Commissioner Dawkins: Twenty-seven is withdrawn.
15. ACCEPT DONATION OF A MULTI -ACTIVITY MODULAR PLAY STRUCTURE FROM KIWANIS
CLUB OF` TITTLE HAVANA, INC., TO BE INSTALLED IN CURTIS PARK (ESTIMATED
VALUE: $50,000).
------------------------------------------------------------------------------
Commissioner Dawkins: I move 28.
Mayor Suarez: Twenty-eight. Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion on 28? If not, please call the roll.
173
July 16, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-482
A RESOLUTION ACCEPTING THE DONATION OF A MULTI -
ACTIVITY MODULAR PLAY STRUCTURE TO BE CONSTRUCTED IN
CURTIS PARK, HAVING AN ESTIMATED VALUE OF $50,000,
FROM THE KIWANIS CLUB OF LITTLE HAVANA, INC. IN
ACCORDANCE WITH THE CITY'S "PRIDE IN MIAMI PARKS"
ADOPT -A -PARK PROGRAM; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO AUTHORIZE
CONSTRUCTION AND TO ACCEPT SAID DONATION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Plummer: Mr. Manager, what are we doing in recognition by
accept... Of just accepting this, are we in some way saying thank you for a
donation of $50,000? I mean, just an item on the agenda. Thank you, here it
Is. $50,000. I think...
Mr. Odio: The time will come when they start the... We can have a...
Commissioner Plummer: Damn! Let's do something for them to encourage them to
do it again.
=
Mr. Odio:
You can have a ceremony...
Vice Mayor
Alonso: They should do it in
Little Havana... —
Mr. Odio:
It's similar to what they did
in...
'
�
Vice Mayor
Alonso: The y
y get their moms
for Little Havana. —
Commissioner Dawkins: We'll give them a
plaque at the next meeting.
Vice Mayor
Alonso: They go and...
Commissioner Plummer: Please. You know,...
a
x
174 July 16, 1992 _
M
Mr. Odio: There will be plaque...
Vice Mayor Alonso: ... do everything in other places.
Commissioner Plummer: ... have a...
Mr. Odio: There will be a plaque there...
Commissioner Plummer: Have a little lunch for them or something.
Mr. Odio: Fine. Fine.
Vice Mayor Alonso: Yeah, they did it in Westchester and now they are doing it
in A1lappattah0
Commissioner Plummer: My God[ They did $50,000 worth of goodies.
16. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO AMEND R-90-
522, WHICH FUNDED OPERATING EXPENSES FOR TWO AIR RESCUE HELICOPTERS, BY
INCREASING APPROVED NUMBER OF FUTURE OPERATING HOURS AND OPERATING
EXPENSES.
Commissioner Plummer: I'll ask that 29 be deferred.
Mayor Suarez; Deferred?
175 July 16, 1992
U.'
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.
U.-
------------------------------------------------------------------------------
17. (A) ACCEPT BID: D.E. GIDI AND ASSOCIATES, CORP. -- FOR CLAUGHTON
ISLAND BRIDGE - DECK REPAIR B-2942 (CIP 341175).
(B) BRIEF DISCUSSION CONCERNING ADVISABILITY OF ALLOWING INDIVIDUALS
TO FISH OFF THE CLAUGHTON ISLAND BRIDGE.
------------------------------------------------------------------------------
Mayor Suarez: Item 30.
Commissioner Dawkins: Move it.
Vice Mayor Alonso: Second.
Mayor Suarez: Moved. Seconded.
Commissioner Plummer: Excuse me. Did we not speak to this item about putting
a toll on that bridge for the maintenance cost?
Mr. Jim Kay: That was brought up...
Commissioner Dawkins: Nobody said nothing to me about it.
Mr. Kay: ... at a previous meeting. Yes, sir.
Commissioner Dawkins: Defer it until the next meeting.
Commissioner Plummer: Well, I thought that was understood.
Commissioner Dawkins: Defer it till the next meeting.
Mayor Suarez: We have a motion and a second on the floor on 30.
Commissioner Plummer: Mr. Mayor, the bridge serves only those people on the
island. Why should the whole City of Miami have to pay for their bridge? And
it was my understanding at the last meeting that the bridge belonged to us and
we had the right to put a toll booth on it,and collect a toll.
Mr. Kay: We do. Yes, sir.
Commissioner Dawkins: How much taxes does Claughton Island pay?
Mr. Kay: That is going to take some time to get that into place.
176 July 16, 1992
Commissioner Plummer: Why?
Mr. Kay: We have to...
Commissioner Plummer: When was the thing before us before? It's been three
or four months ago. What have you all been doing?
Mr. Cesar Odio (City Manager): Negotiating.
Commissioner Plummer: Negotiating what?
Mr. Odio: The people that live on the island pay taxes, too, you know.
Commissioner Plummer: I understand they pay taxes, and so do I.
Mr. Odio: And we have to...
Commissioner Plummer: And I go over there and fish on that bridge, they call
the police on me.
Mr. Odio: [UNINTELLIGIBLE]... somebody accepted...
Commissioner Plummer: If I go over there with my little light and my net to
catch shrimp, oh boy! They got 37 gendarmes sitting on top of me telling me,
oh you can't fish on my bridge. It ain't their bridge. Now, let me tell you.
Let's play fair. As far as I'm concerned, that bridge is there for their sole
purpose, not for mine.
Mayor Suarez: I like the idea of your being able to go there and fish, I'll
tell you that.
Mr. Odio: There are offices... not only the people that live there. There
are offices... People that come to work there.
Commissioner Plummer: Mr. Manager, when I go...
Mr. Odio: I'm not saying I don't disagree with the toll.
Commissioner Plummer: When I go to Key Biscayne, I pay a toll. Why? To
maintain that road and that bridge. Why should the people of the County have
to pay for my benefit?
Commissioner De Yurre: Hey, J.L., don't you have one of those license plates?
Commissioner Plummer: On Rickenbacker, I do. Shut up loud mouth. Trying to
put money in the till. Look! Hey, let me tell you something. As far as I'm
concerned, you want to go to a special taxing district, or whatever, or let
them pay this fee to maintain the bridge that accommodates them.
Commissioner Dawkins: So you are going...
Commissioner Plummer: That's all I'm saying. Don't put a toll. Just collect
the...
177 July 16, 1992
Commissioner Dawkins: Are we going to defer it until we can go talk to them?
Commissioner Plummer: I think we should.
Commissioner Dawkins: All right. So moved.
Commissioner Plummer: OK.
Mayor Suarez: Moved and...
Commissioner De Yurre: We can't give the bridge away?
Mayor Suarez: ... seconded.
Commissioner Dawkins: No. Can I fish on the bridge while we defer it?
Mayor Suarez: Moved and seconded. You can fish on the bridge.
Commissioner Dawkins: Look at me now, J.L.
Commissioner Plummer: Mr. City Attorney, can I fish off of my bridge?
Commissioner Dawkins: J.L., look at me now and tell me if I can fish off of
it. Look at me good.
Commissioner Plummer: You don't know how to fish. Can I fish off of my
bridge?
Commissioner Dawkins: They won't call the police and see one of us over
there- will they?
City Attorney Jones: I think if it's State... If the bridge is controlled by
the, State, yes.
Commissioner Plummer: It's controlled by the City.
City Attorney Jones: I don't know of any...
Commissioner Plummer: Well, would you save the Police Department about 20
calls'a months, by making it an opinion? Yes or no.
City Attorney Jones: We'll look into it.
Commissioner Plummer: OK. Because every day they are sending people down
there to take fishermen off the bridge. It's incredible. OK?
Commissioner De Yurre: Mr. Mayor. I'd like to just make a quick point here.
Whether we decide to put a toll or whatever we do that's down the road, this
needs to be addressed. We need to fix that bridge. The last thing we need is
an accident there or something that they are going to come back to haunt us.
It has to get done. And you are not going to wait to collect enough money
with a toll to be able to fix it. So we've got to move along with this.
Let's be real about it.
178 July 16, 1992
Mr. Kay: Commissioner, the issue is one of safety at this point. We would
like to be able to move ahead with the toll later on, but at least get this
repaired right now.
Mayor Suarez: Well, the pictures that are being shown, OK?,...
Commissioner Plummer: How old is that bridge?
Mr. Kay: It's about 23, 24 years old.
Commissioner De Yurre: It's the one over troubled waters.
Commissioner Plummer: How much?
Mr. Kay: I think it's 23 years old, it was 169.
Commissioner Plummer: No way.
Mayor Suarez: Commissioner Plummer,...
Commissioner Plummer: All right. Hey. Look. I understand what you are
saying, it's our bridge, it's a liability. But let me tell you something.
I'm going to vote favorably, but I expect the Administration to get our money
back.
Mr. Kay: Yes, sir.
Commissioner Plummer: That bridge is solely for their benefit. Let them
maintain and keep that bridge.
Commissioner De Yurre: What happens with the one at Fair Isle? What's the
story with that one?
Commissioner Plummer: They maintain it. That's their bridge.
Mr. Kay: That's privately owned.
Commissioner De Yurre: That's theirs, right?
Commissioner Plummer: They own their bridge.
Commissioner Dawkins: OK. So what's the motion now?
Commissioner De Yurre: To approve.
Mayor Suarez: The motion now is to approve, I think.
Commissioner Plummer: Approve it subject to the Administration securing...
Mayor Suarez: Instructions to the Administration to figure out a way to
recover this money.
Commissioner Plummer: That's correct.
179 July 16, 1992
Mr. Kay: All right.
Mayor Suarez: I just want to tell you, put on the record, that you have made
some determination somewhere along the line that there are structural
problems, right? Jim.
Mr. Wally Lee (Assistant City Manager): Mayor, our concern is that, as you
see, the cap of the bridge has about disappeared and our concern 1s that you
will get water into the structural part of the bridge where you have your
reinforcing and so on, and then we will have a very serious problem.
Mayor Suarez: That's the concern.
Mr. Lee: That's our concern.
Mayor Suarez: Because the fact that the surface is not in great shape is not
convincing to me. I mean, as far as I'm concerned they can slow down a little
bit. They are going through there at incredible rates of speed. But you are
saying that the water could seep in, the humidity and then affect the
structural integrity.
Mr. Lee: That's correct.
Mayor Suarez: Which then would cost us even more to fix.
Mr. Lee: Yes, sir.
Mayor Suarez: Ah. All right. We have a motion and a second. Any
discussion? If not, please call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-483
A RESOLUTION ACCEPTING THE BID OF D. E. GIDI &
ASSOCIATES, CORP., IN AN AMOUNT NOT TO EXCEED
$114,800.00, TOTAL BID OF THE PROPOSAL, FOR CLAUGHTON
ISLAND BRIDGE - DECK REPAIR B-2942, WITH MONIES
THEREFOR ALLOCATED FROM THE FISCAL YEAR 1991-92
CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT NO.
341175, IN THE AMOUNT OF $114,800.00 TO COVER THE
CONTRACT COST AND $33,981.69 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL OF $148,781.69;
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; DIRECTING THE CITY MANAGER TO DETERMINE THE
BEST METHOD BY WHICH TO RECOUP SAID MONIES ALLOCATED
TO THIS PROJECT, AND REPORT THE FINDINGS TO THE CITY
COMMISSION AT A LATER DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
180 July 16, 1992
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr. —
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: And if we ever do put a toll there, and that's great to recover
some money,...
Commissioner Plummer: Excuse me, is Arbin...
Mayor Suarez: ... don't prohibit fishing, please. In fact,...
Commissioner Plummer: What?
Mayor Suarez: ... it should slow people down.
Commissioner Plummer: You heard what I asked the City Attorney. Make a
determination and tell the Police Department.
Mayor Suarez: Don't prohibit it. I want people to be able to fish off of
there. I remember one of my political opponents in a campaign early on in my
career saying people couldn't fish off of that road back there - I don't if
it's Brickell or South Bayshore that's right along the Bay there...
Mr. Lee: The curved road.
Mr. Odio: Will you approve a.50 cent toll so that we don't have to come...
Fifty cent toll?
Commissioner Plummer: That's fine.
Mayor Suarez: Obviously he doesn't care about fishing or my story about my
political opponent. All he cares about is money.
Mr. Odio: Move it, J.L.
Mayor Suarez: All he cares about is money.
Mr. Odio: Move it. Fifty cents.
Mayor Suarez: The Manager just wants the money. He doesn't care about
fishing.
Commissioner Plummer: The Manager said move a 50 cent toll. I so move.
181 July 16, 1992
Mr. Odio: Until the bridge is paid for.
Vice Mayor Alonso: Which one?
Mayor Suarez: Are you going to care a little bit about fishing, too, Mr. =-
Manager?
Vice Mayor Alonso: What are ,you moving?
Mr. Odio: They can fish all they want.
Commissioner Plummer: The Manager said a toll of 50 cents until the money is
gathered to pay for the bridge.
Vice Mayor Alonso: Oh. _
Commissioner Plummer: That's fine with me.
Mayor Suarez: All right.
Vice Mayor Alonso: OK.
Mayor Suarez: Do we need that in the form of a motion? Or you are going to -
have to prepare an ordinance on that, aren't you?
Unidentified Speaker: Yes.
Vice Mayor Alonso: You have to.
Mayor Suarez: OK. Please bring back an ordinance on that.
------------------------------------------------------------------------------
18. (A) AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO AGREEMENT WITH URBAN -
ARCHITECTS, INC., TO INCREASE ALLOWANCE BY $150,000 TO COVER
ADDITIONAL DESIGN SERVICES, SPECIAL CONSULTANT'S REIMBURSABLE
EXPENSES AND OTHER PROJECT COSTS FOR ORANGE BOWL MODERNIZATION -
PROJECT NO. 404238. -
(B) COMMISSIONER PLUMMER EXPRESSES CONCERN OVER THE LARGE NUMBER OF
CITY CONTRACTS WITH COST OVERRUNS.
------------------------------------------------------------------------------
Mayor Suarez: Item 31.
Mr. Cesar Odio (City Manager): This the final to finish the Orange...
Commissioner Plummer: Well, hold on. Urban Contractors, Inc.
Mr. Odio: That's not... -
Commissioner Plummer: Is that the company?
Mr. Odio: No.
182 July 16, 1992
Mr. Wally Lee (Assistant City Manager): No, sir. That's...
Mr. Odio: That has nothing to do with Urban Contractors.
Mr. Lee: That's Curtis Park you have in your hand, I believe, Commissioner.
Commissioner Plummer: Excuse me. Urban Architects, Inc....
Mr. Odio: Has nothing to do with Curtis Park.
Commissioner Plummer: ... is not Urban Contractors, Inc.?
Vice Mayor Alonso: It's Orange Bowl.
Mr. Lee: No, sir.
Mr. Odio: No.
Commissioner Plummer: It is two separate companies?
Mr. Lee: Absolutely. One is an architectural...
Mayor Suarez: It's a wonder they haven't sued each other for the similar
trade name.
Vice Mayor Alonso: It's the Orange Bowl. Why is the Police Department
involved?
Commissioner Plummer: In what?
Vice Mayor Alonso: In this item.
Commissioner Plummer: They are not. He was talking to me about the
helicopter.
Vice Mayor Alonso: Oh, I thought it was.
Mayor Suarez: Item 31. We have a motion? Do we?
Commissioner Plummer: No, I want to know why. You know, let me tell you
something. I am always very skeptical...
Vice Mayor Alonso: They never give you a complete answer.
Commissioner Plummer: ... when you take low bids and suddenly...
Mr. Odio: It's not the Commission.
Commissioner Plummer: ... suddenly there are change orders, suddenly there
are expansion of work to be done. Now, you know, at best, at best it is damn
poor planning. At best. Now, we've got on this agenda about four items...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
183 July 16, 1992
Commissioner Plummer: OK? We have three, whatever it is, in which bids were
let to a so-called low and responsible bidder and here we are coming back now
in this particular bid, for $150,000 more. I want an answer why this,
whatever it was, - and I don't know what it was - was not noticed or developed
at the time the bid was let.
Mr. Lee: Commissioner, may I...
Commissioner Plummer: OK? And then we are going to go on each, every one of
these. Because I'm going to tell you, somewhere along the line with the
buffers that you build into this thing, there's going to be a stop to this
extending orders and change orders because the impropriety and the perception
is bad.
Mr. Odio: Commissioner, I want to remind you that you made the Orange Bowl an
emergency item.
Commissioner Plummer: Yes, sir. Sure did.
Mr. Odio: And you told us, you better make sure it's ready for the season.
Commissioner Plummer: Yes, sir. Sure did.
Mr. Odio: We are doing just that. Now, this...
Commissioner Plummer: And I depended on that great company out of Atlanta who
came down here...
Mr. Odio: Well, let me finish, please.
Commissioner Plummer: Let me finish. And specified Sherwin Williams paint,
number X123, got six bids all from the same company and all six bids were
different. I'm still waiting, Mr. City Manager, to hear back from the State
Attorney 1n what I consider to be collusion. OK? Now where is this great
company who did the bidding...
Mr. Odio: Wait, wait, wait. Commissioner,...
Commissioner Plummer: Who is the great company...
Mr. Odio: You better check with your office because we distributed that
letter from the State Attorney's office on that matter.
Commissioner Plummer: Then I don't recall seeing 1t.
Mr. Odio: Well, you better ask your office.
Commissioner Plummer: Wait a minute. Where is this company out of Atlanta
who we chose at a very high price to come down here and tell us what to do in
the Orange Bowl, and they estimated how much it was going to cost, and now
here we are bucking another $150,000.
184 July 16, 1992
Mr. Odio: No, no, no. This is the same... This is part of the agreement to
finish the Orange Bowl. This is only the part of the architectural design
that was approved on April 27th of '89.
Commissioner Plummer: Does this not say an agreement to the amendment?
Mr. Odio: Because you added to the Orange Bowl back in June another phase
which was all the structural work that had to be finished by the Orange...
Commissioner Plummer: For $150,000, did you go out and re -bid? You can't do
it above $4,500.
Mr. Odio: You cannot change an architect that has done $17,000,000 worth of
work...
Commissioner Plummer: Sir, you do not have...
Mr. Odio: ... at the last minute and get a design work for a small portion of
the Orange Bowl, Commissioner.
Commissioner Plummer: Sir, you do not have the right as the Manager of this
City to execute a contract in excess of $4,500...
Mr. Odin: I have not executed this contract.
Commissioner Plummer: ... without this Commission's approval.
Mr. Odio: You ordered this to be an emergency and we have proceeded on an
emergency. And you know something, Commissioner? Thank God we did, because
we would not be ready. As it is,...
Commissioner Plummer: OK, Mr. Manager, I'm telling you... -
Mr. Odio: Well, you can't have it both ways.
Commissioner Plummer: ... that I am going to look at...
Mr. Odio: Either we finish it on time or we don't finish it on time. You
cannot go out on bids on an...
Vice Mayor Alonso: We better finish it on time.
Mr. Odio: ... architectural firm in the middle of a job and try to bring in
an architectural firm to design what?
Commissioner Plummer: Mr. Manager. I want you to know I'm going to vote for =
— this because I was the one who went with you there and put our line on the
tine [sic]. OK? But I want to tell you something, sir. Every extension of a
contract and a change order from this day forward, I am going to look at in -
--! suspect and I'm going to want a full justification that, that low bid that we
gave and awarded this bid on, was in fact the low bid.
t
Mr. Odio: Then would you please do me a favor? Don't declare an emergency.
Because the fact is...
185 July 16, 1992
Commissioner Plummer: OK.
Mr. Odio: ... 1f you do that, you are defeating the purpose of an emergency.
And if there is any place in this world that we had to work on an emergency
basis, was the Orange Bowl.
Commissioner Plummer: Sir, excuse me. Mr. Mayor, I'm sorry to take up the
time, but let me tell you something. Now, let's just go ahead and get into
it. All right? Mr. Manager, is it not in this agenda, sir, to expand the
contract at Curtis Park?
Mr. Odio: That's the other project, Commissioner.
Commissioner Plummer: I'm asking a question.
Mr. Odio: Yes.
Commissioner Plummer: All right. And how much do you want me to expand that
contract?
Mr. Odio: Twenty-five thousand dollars.
Commissioner Plummer: How much?
Mr. Odio: Twenty-five.
Commissioner Plummer: Twenty-five thousand. You are aware of this memo which
you sent me? - that this contractor that you are asking me...
Mr. Odio: Yes. -
Commissioner Plummer: ... to expand another twenty-five thousand has stuck
every one of the subs in that contract.
Mr. Odio: It's true that he owes money to his subs. Yes.
Commissioner Plummer: Buddy, let me tell you something. It will be a cold
day in hell when I give this man another dollar without him taking these subs. _
Mr. Lee: Commissioner, he's not getting another dollar.
Mayor Suarez: No, no, no.
Commissioner Plummer: You had it on the agenda.
Vice Mayor Alonso: Yes.
Mayor Suarez: Don't get into that, please. When we get to that item...
Mr. Lee: Commissioner, no.
Commissioner Plummer: Did you not have it on the agenda?
186 July 16, 1992
c�
Mr. Lee: Commissioner, can I explain?
Vice Mayor Alonso: Yes.
Commissioner Plummer: Did you have it on the agenda?
Vice Mayor Alonso: And go and visit the facility...
Mr. Odio: Yes.
Vice Mayor Alonso: ..o and you'll be very surprised by the many
irregularities.
Mayor Suarez: Please, when we get...
Commissioner Plummer: May I answer my question? Did you have it on the
agenda?
Commissioner Dawkins: Yes, sir.
Mr. Lee: The agenda item...
Commissioner Plummer: Can you answer my question?
Mr. Lee: Yes. Twenty-five thousand...
Commissioner Plummer: Thank you.
Mayor Suarez: All right. We are not on that item...
Commissioner Plummer: Now let him answer.
Commissioner Dawkins: What item are we on now? -
Mayor Suarez: Thirty-one.
Vice Mayor Alonso: No. When we get there...
Commissioner Plummer: Let him answer.
Mayor Suarez: What do you want him to answer?
Commissioner Dawkins: I move 31.
Mayor Suarez: About 31? We are on item 31, please.
= Vice Mayor Alonso: Mr. Lee.
Mr. Odio: J.L., calm down.
Commissioner Plummer: Cesar, it looks bad.
Mr.,Odio: You declared emergency on that damn thing.
187 July 16, 1992
11
Commissioner Plummer: No, no. This...
Vice Mayor Alonso: Yes, we did.
Mr. Odio: That one, too.
Commissioner Plummer: ... looks bad.
Vice Mayor Alonso: Now, Mr. Lee.
Mr. Lee: Yes, ma'am.
Vice Mayor Alonso: The fire has anything to do with some of these items?
Commissioner Plummer: I didn't approve that.
Mr. Lee: Yes, ma'am. That is correct, ma'am. These are estimates right now.
Part of these monies will be returned to the City by the insurance company of
the contractor once everything is settled.
Vice Mayor Alonso: So we will be refunded?
Mr. Lee: Part of it, ma'am.
Vice Mayor Alonso: Could you tell us on the record approximately what amount?
Mr. Lee: A very rough estimate at this time, Commissioner.
Vice Mayor Alonso: Yes.
Mr. Lee: I would suspect around $50,000 to $60,000.
Vice Mayor Alonso: From this amount?
Mr. Lee: Yes, ma'am.
Vice Mayor Alonso: In 31. Thank you. I second the motion.
Mayor Suarez: Moved and seconded. When we do get those recoveries, remember
the City Attorney has to notify us when we get ready to make a payment on
something, like a settlement of a claim against us. Please advise us when we
recover... -
Mr. Lee: Yes, sir.
Vice Mayor Alonso: Yes.
_ Mayor Suarez: ... some monies from somebody. It's been a while since I
remember hearing that we recovered something in...
Commissioner Plummer: It's been so long since we did.
Mayor Suarez: ... a claim.
188 July 16. 1992
Li
Mr. Odio: Just for the record, Mr. Mayor.
Vice Mayor Alonso: I know.
Mayor Suarez: Just remind, you know.
Mr. Odio: OK. I will.
Mayor Suarez: Just tell us.
Mr. Odio: On the Orange...
Mayor Suarez: On 31, we have a motion and a second. Any discussion? If not,
please call the roll. Madam City Clerk, could you please call the roll on 31?
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-484
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT DATED
JUNE 27, 1989, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND URBAN ARCHITECTS, INC.,
THEREBY INCREASING THE PROJECT ALLOWANCE BY $150,000
TO COVER FUTURE COSTS FOR ADDITIONAL DESIGN SERVICES,
SPECIAL CONSULTANT'S REIMBURSABLE EXPENSES AND OTHER
PROJECT COSTS FOR THE ORANGE BOWL MODERNIZATION
PROJECT NO. 404238, USING FUNDS AS PREVIOUSLY
APPROPRIATED BY CAPITAL IMPROVEMENT PROJECT ORDINANCE
NO. 10938.
(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.
189
July 16, 1992
------------------------------------------------------------------ -----------
19. BRIEFLY DISCUSS AND DEFER (TO NEXT MEETING) CONSIDERATION OF PROPOSED
RESOLUTION APPOINTING INDIVIDUALS TO SERVE AS REGULAR / ALTERNATE
MEMBERS OF CODE ENFORCEMENT BOARD.
------------------------------------------------------------------------------
Mayor Suarez: Item 32. Code Enforcement Board.
Commissioner Plummer: I'll have to move to the next meeting for my
appointment.
Vice Mayor Alonso: Me, too.
Mayor Suarez: OK. Anyone else ready with...
Mr. Odio: And Commissioner De Yurre has one.
Commissioner Plummer: Excuse me?
Mr. Odio: Commissioner De Yurre has one.
Mayor Suarez: OK. If he's not here, item 33.
Commissioner Plummer: No, De Yurre is here somewhere.
Commissioner De Yurre: Ready.
Commissioner Plummer: You got your appointment for...
Mayor Suarez: OK. If you have a motion on 32 as to your appointment.
Commissioner Plummer: You got your appointment for Code Enforcement?
Mayor Suarez: If not, two others are being deferred.
Commissioner Plummer: Thirty-three is deferred?
Vice Mayor Alonso: No.
Mayor Suarez: No, I'm saying 32.
Vice Mayor Alonso: Thirty-two.
190 July 16, 1992
------------------------------------------------------------------------------
20. CONFIRM REAPPOINTMENTS TO BOARD OF DIRECTORS OF DOWNTOWN DEVELOPMENT
AUTHORITY (DDA). (Reappointed were: Tony Alonso, Martin Fine, Anthony
Jackson, Luli Landis, Tom Post, Miriam Lopez and Evonne Raglin.)
------------------------------------------------------------------------------
Commissioner Dawkins: I move 33.
Mayor Suarez: Thirty-three is moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded.
Commissioner Plummer: I thought we were going to eliminate this board?
Mayor Suarez: Seconded. Thirty-three. Somebody just resigned, Matthew. Who
was that? - that I just got a letter that somebody was resigning from ODA
(Downtown Development Authority). That we are going to have another
appointment in the future. No?
Mr. Matthew Schwartz: We haven't gotten a copy of that yet.
Mayor Suarez: OK. Maybe they told me...
Commissioner Plummer: Nobody came to me.
Mayor Suarez: Call the roll on 33 on the appointments.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-485
A RESOLUTION, CONFIRMING THE REAPPOINTMENTS OF TONY
ALONSO, MARTIN FINE, ANTHONY JACKSON, LULI LANDIS, TOM
POST, MIRIAM LOPEZ AND EVONNE RAGLIN TO THE BOARD OF _—
DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE
CITY OF MIAMI, FLORIDA, FOR TERMS EXPIRING JUNE 309
1996, RESPECTIVELY.
(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:
i
i
r
191 July 16, 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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: On which item?
Ms. Hirai: Thirty-three, sir.
Mayor Suarez: Thirty-three.
Vice Mayor Alonso: Thirty-three.
Commissioner Plummer: Thirty-three? Thirty-three?
Ms. Hirai: Confirming...
Vice Mayor Alonso: DDA.
Commissioner Plummer: Well, they are going to be short term because we are
going to eliminate the board, right?
Mayor Suarez: Yes.
Commissioner Plummer: OK. I vote yes.
Commissioner De Yurre: What are voting on?
Commissioner Dawkins: Thirty-three.
Mayor Suarez: On DDA's...
Ms. Hirai: Confirming...
Commissioner Plummer: We are voting on eliminating the DDA.
Commissioner Dawkins: Reappointments. -
Mayor Suarez: DDA board appointments.
Ms, Hirai: Confirming reappointments.
Commissioner De Yurre: I vote yes.
- a
192 July 16, 1992
------------------------- ----------------------------------------------------
21. (A) AUTHORIZE ADMINISTRATION TO ISSUE REQUEST FOR PROPOSALS (RFP) FOR
MANAGEMENT, OPERATION AND MAINTENANCE OF COCONUT GROVE
CONVENTION CENTER PARKING LOTS.
(B) DIRECT MANAGER TO ENFORCE TICKETING OF VEHICLES PARKED IN
RESTRICTED DOWNTOWN PARKING AREAS.
------------------------------------------------------------------------------
Mayor Suarez: Item 34.
Mr. Cesar Odio (City Manager): Thirty-five.
Vice Mayor Alonso: Thirty-five
Mayor Suarez: Thirty-five.
Mr. Odio: Mr. Mayor.
Commissioner Plummer: What happened to 34.
Mr. Odio: This is actually...
Vice Mayor Alonso: Remember we are coming from last...
Mayor Suarez: Oh. I have been pushing for this myself.
Commissioner Plummer: Where is 34.
Vice Mayor Alonso: Thirty-five.
Mr. Odio: But for many years... We finally had to... We had the problem that
the... We had given the authority to Offstreet on all offstreet parking, so
we had to go through them.
Commissioner Plummer: Oh.
Mr. Odio: We are putting this out, if you approve, to see what bids do we get
for a better management of the parking lots here, and also...
Mayor Suarez: We have given the authority to the Offstreet parking for all...
Mr. Odio: Yeah. Well they have to go...
Mayor Suarez: ...facilities parking in the City?
Commissioner Dawkins: Yes.
Commissioner Plummer: They have that under the Charter.
Mr. Odio: Yes. All based on the Charter, Mr. Mayor. So what we did is...
193 July 16, 1992
+r •
Commissioner Plummer: Do you remember when they put the meters in the Police
Station?
Mr. Odio: So what we did 1s saying, will you please put out an RFP, and
we
will get the best bids in, and they can also have the right to bid on it.
Commissioner Plummer: Who?
Mr. Odio: The Offstreet Parking would have the right to bid on these two.
Commissioner Plummer: I thought they had the right on...
Mr. Odio: They could do it.
Commissioner Plummer: ...all City owned property?
Mr. Odio: They could do it but we want to explore and see if we can
it
better.
Mayor Suarez: And that is by City Charter that they have that right?
Has
anyone contemplated...
Commissioner Plummer: Excuse me. I thought it excluded anybody else.
Unidentified Speaker: It does.
Commissioner Plummer: Excludes. So how could you put it out to bid if
1t
excludes anybody but them?
Mr. Odio: Because they agreed to put out on bid.
Commissioner Plummer: Oh. They agreed to allow it to be done?
Mr. Odio: Yes.
Commissioner Plummer: Oh.
Mr. Odio: So... But that is why I am saying... But they will also have
the
right...
Mayor Suarez: Not for today, Mr. City Attorney, but given the level of
excessive autonomy that we feel that Authority has, has anyone thought of
giving us back an ordinance that would allow us to take back our City street,
or a referendum, for the next time that we have a general election? I don't
want to cause a cost to the consumers or to the citizens of Miami, but if that
is the kind of thing that we should have been doing with the Offstreet
Parking, instead of, maybe, some of the other organic changes that we have
been proposing, maybe somebody should have thought of that. We gain back our
streets, our ability to determine parking, et cetera, and then we negotiate
with them. That would have been a lot smarter, probably, than some of the
other things. I wish somebody had said that to us before, because the voters
will definitely vote for that. Take away from the Offstreet Parking Authority
certain rights over City streets, everybody will vote for that.
194 July 16, 1992
Commissioner Plummer: Wait a minute. Let me ask a question.
Mayor Suarez: Yeah.
Commissioner Plummer: It is surface parking.
Mr. Odio: You get proposals in.
Commissioner Plummer: Are they going to put meters in?
Mr. Odio: No, no, no. We are going to get proposals from the private sector.
If we get a good proposal that would generate a lot of revenues for us. They
could close it down, and put a gate, and charge admission into the parking
lot. And the RFP is right here. It is in your package.
Commissioner Plummer: Well, what does it benefit us to go out to the private
sector, instead of doing it in-house?
Mr. Odio: Because you could get better returns. Then Offstreet normally
I am not satisfied that Offstreet is giving us a good return on
certain buildings.
Commissioner Plummer: OK. Hey. I guess my argument really need to come at
the time that the proposals come back.
Mr. Odio: Yeah.
Commissioner Plummer: Mr. Manager, let me tell you something, and I am sure
the members of this Commission are very much aware. I went downtown the other
night for a dedication. I was downtown for one hour and fifty-two minutes,
and I want you... Mr. Manager, I would like for you to hear it. Hello.
Because I think it speaks to some of the problems that we are having in
downtown Miami. For one hour and fifty-two minutes, cost me $9.75 parking on
S.W. 1st Street. Let me tell you something. I can go to Dadeland, if I am a
shopper, OK, and I park free of charge. To go downtown, and I went... I will
tell you where I went. I went to Natan Rocks dedication of that facility, and
I parked back on 1st Street for one hour and fifty-two minutes, $9.75, and I
am going to tell you, it is hurting downtown. There is no question that those
kind of parking fees are really hurting the downtown merchants.
Mr. Odio: Well, listen this is something that the DDA (Downtown Development
Authority) should be working with the merchants to see if they should give
rebates for parking...
Commissioner Plummer: Well.
Mr. Odio: ...like Coco Walk does, if you go and visit Coco Walk, and you get -_
rebates.
Commissioner Plummer: Well, Mr. Mayor, Mr. Manager, I am just telling you,
and the members of this Commission, that in my personal opinion it is really
hurting downtown Miami, and I think that matter needs to be addressed for the
benefit of our downtown merchants, who are looking at shopping centers that
provide unlimited parking, and it is free of charge.
195 July 16, 1992
A •
Commissioner Dawkins: Well, I hate to be the one to say I told you. When
they put that basketball court on S.E. 2nd and S.E. 3rd, I told you... I said
then that it should be parking under the Peoplemover, and Matthew Schwartz,
and Mr. Capast.rini, came in here and said that the best thing to do is put a
basketball court there instead of parking. That would have created, at least,
50 parking spaces.
Commissioner Plummer: OK. I am just, you know... The answer is we would
like to make people use the Peoplemover and Rapid Transit, but the truth of
the matter is, they are not using it.
Commissioner Dawkins: They are not.
Commissioner Plummer: OK. And I am just... [DISTURBANCE IN CHAMBERS] Hello.
Commissioner De Yurre: He didn't like what you said.
Mayor Suarez: I think you are getting a very negative reaction to your
comments.
Commissioner Plummer: Mr. Manager, I... Hello. I think one of the other
things that you need to do, you know, there is no such thing as a lady being a
little pregnant. There is no such thing, sir, as breaking just a little bit
of the law. When I go downtown and I look, and I see signs that are clearly
marked, no parking, no stopping, tow away zone, and I see private vehicles
parked in those slots, something needs to be done. And if you want to start
go right across the street. Right along side of this hotel, there are five
signs that say no parking, OK, I am saying to you, you better do some
enforcement.
Mayor Suarez: All right. Let's move on, folks, as quickly as we possibly can
through these items, we still have a lot to go. We were, I think, on 35 and
all we needed was to actually vote on it. Do we have a motion and seconded,
Madam City Clerk?
Commissioner Plumper: Move it.
Mayor Suarez: Moved. Seconded. Any discussion on 35? If not, please call
the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-486
A MOTION AUTHORIZING THE CITY MANAGER TO ISSUE A
REQUEST FOR PROPOSALS IN CONNECTION WITH THE
MANAGEMENT, OPERATION AND MAINTENANCE OF THE COCONUT
GROVE CONVENTION CENTER PARKING LOTS.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
196 July 16, 1992
11
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
I]
------------ ------------ ----- ------ --- --------- ----------------- ---------------
22. DISCUSSION CONCERNING METHODS TO GUARANTEE REMOVAL OF POLITICAL SIGNS
RESTRICTIONS.
Mayor Suarez: Item 36. Methods of which to guarantee removal of political
signs.
Commissioner Plummer: That is a legal matter.
Mayor Suarez: What is the story on this, Mr. City Attorney? I presume you
are recommending something that is perfectly constitutional, legal, moral,
proper and the right thing to do besides.
Commissioner Plummer: Thirty-six political signs. Mr. City Attorney, don't
we have, at the present time, a sign ordinance in relating to the size of
signs?
City Attorney Jones: Yes.
Commissioner Plummer: Now, whether it is on private property or on public
property... Are you indicating that we can't go and force the removal of
illegal sized signs?
City Attorney Jones: No, I am not.
Commissioner Plummer: Well why aren't we then?
City Attorney Jones: I can't answer that, Commissioner.
Commissioner Plummer: Mr. Manager, we are spending a million dollars a
year...
Mr. Cesar Odio (City Manager): Commissioner...
Commissioner Plummer: ...for a thing called...
Mr. Odio: Commissioner...
Commissioner Plummer: ...code enforcement.
197 July 16, 1992
Mr. Odio: Commissioner, I went and took the signs out all over the place and
I ended up in a Federal Court.
Commissioner Plummer: No, sir. We are talking about signs that are illegal
in size. Anything... Any sign above two by two...
Mr. Odio: I was waiting to get a final...
Commissioner Plummer: ...and we are uniform on that.
City Attorney Jones: Yeah. It is treated the same on private as well as
public property. So there is no problem with that.
Mr. Odio: Can I go ahead and...
Commissioner Plummer: What you were doing, and bless you, I wish you could do
more of it, was the big four by eights. OK. What I am understanding is, as
long as your uniform, signs two by two are legal, but anything larger than two
by two are illegal. OK? And would you also instruct... Anybody here from
Code Enforcement? It is my understanding that all those trees that are
getting ruined, the banyan trees on Coral Way, by signs that are being put up
there for garage sales, and they hammer the nails in, I saw two of your ladies
out merely just tearing them down, four days after, instead of, as we
requested, that you have got the exact evidence to go to that address and
write those people a violation of the ordinance.
Mr. Juan Gonzalez: Commissioners, Juan Gonzalez, Planning Building & Zoning,
Code Enforcement. Two by two is on the four residential properties. In other
words, four square feet total in residential, fifteen in commercial.
Commissioner Plummer: Sir, I am talking about the banyan trees on Coral Way.
Mr. Gonzalez: I understand, Commissioner, I was answering your first
question. Make sure...
Commissioner Plummer: Oh. OK.
Mr. Gonzalez: The... On private property you are allowed, only in
residential, four square feet, fifteen in commercial. On public right of way
you are not allowed to put any signs, period. That 1s illegal to begin with.
It never has been allowed and the Public Works Department...
Commissioner Plummer: Then why are they there, and not being taken down?
Mr. Gonzalez: They are being taken down only on public right of way, though.
Private property, right now, we are under injunction of Federal Court.
City Attorney Jones: No, no, no, no. That is not correct.
Commissioner Plummer: Hello. Mr. City Attorney, this is the Code
Enforcement, Mr. Code Enforcement, this is the City Attorney. You want to
know why nothing is being done? Here it is.
198 July 16, 1992
City Attorney Jones: The restriction that the court imposed on us only had to
do with your going on to private property, and removing... Wait a minute.
And removing them prior to the qualifying period. That is it. I never...
The court has never advised the City that you cannot regulate the signs
because of their size, or whatever else. The only thing that is required is
that you give these private property owners due process, which entail notice,
some sort of notice, whatever, and a hearing.
Mr. Odio: Commissioner Plummer,... Do we have to...
Mr. Gonzalez: Yeah. That is what we are saying...
Mr. Odio: See we have to not...
City Attorney Jones: Commissioner, what I just have explained to them is that
the court has never entered any restrictions upon the City's ability to
regulate in terms of size, or height, or whatever else. The only restriction
that we are enjoined from enforcing is the placement or erection of signs
prior to the qualifying period. The only caveat with this is that, sure, you
can regulate it, but you have got to afford them due process, which means,
notice, a hearing and whatever else before any action is taken.
Commissioner Plummer: And have you written any notices of violation, sir?
Mr. Gonzalez: Yes, Commissioner.
Commissioner Plummer: How many?
Mr. Gonzalez: We have five Code Enforcement cases right now on private
property.
Commissioner Plummer: Five in Code. Now... Right now, presently, as I went
by this morning, there are seven illegal signs on public right-of-way, and you
have issued five code enforcements.
Mr. Gonzalez: On public right of way we have not... We could go in and
remove the signs in the public right of way. We are talking only on private
property we have to do the due process of violations.
Commissioner Plummer: Excuses. Excuses. Excuses. I get everything...
Mayor Suarez: Can we do a one man enforcement team...
Commissioner Plummer: I get everything but results.
Mayor Suarez: ... for those that are on public property, and have
Commissioner Plummer be the head of it? The employee and, in fact, be the one
that does 1t. You can handle that. I sometimes feel like joining him, let me
tell you. The ones that are on public right-of-way.
Commissioner Plummer: Mr. Mayor, what are we doing of all of these signs that
are being put up in the banyan trees?
199 July 16, 1992
s
Mayor Suarez: What he is saying is that the ones on public right of way, we
can take down right away. We should...
Commissioner Plummer: No, no, no. Write them a violation notice so they
won't...
Mayor Suarez: We should give them a violation notice at the same time.
Commissioner Plummer: ...do it again.
Commissioner Dawkins: How are you going to give them a violation if you can't
catch them putting the sign up?
Commissioner Plummer: No, you have got the sign that says exactly address
where to go to.
Mayor Suarez: Yeah.
Commissioner Plummer: You know who put that sign up.
Mr. Gonzalez: Right. Commissioner, you have seen our enforcement people
taking down the signs on the banyan tress.
Mayor Suarez: Yeah. We have...
Mr. Gonzalez: Our people...
Mayor Suarez: ...been taking those down, but have we been citing the
candidates for violation?
Commissioner Plummer: No.
Mr. Gonzalez: Not the candidate.
Mayor Suarez: Have we called the Ethics Committee? The Judicial
Qualifications Committee? The whatever committee? Yes, Mr. City Attorney,
what am I saying that is legally improper?
City Attorney Jones: The pub... No. I just...
Mayor Suarez: Almost everything I say up here is legally improper, at some
point or another, but...
City Attorney Jones: No. I just wanted to be sure that we were talking about
the same thing, because public property you don't have to make an citations.
Mayor Suarez: I know that, and Commissioner Plummer was giving the example of
seven that were on public property.
Commissioner Plummer: But on private property you can write them a notice of
violation if is exceeds two by two.
City Attorney Jones: Yes.
200 July 16, 1992
Mayor Suarez: Yes. It is just more... =_
Commissioner Plummer: Don't they have to have a permit?
Mayor Suarez: Yes.
Mr. Gonzalez: No, sir.
Mayor Suarez: The problem is the removal.
Mr. Odio: No. Temporary permit... Political or temporary.
Mr. Gonzalez: No. They do not need a permit.
City Attorney Jones: The court struck the permitting fee down... -
Mayor Suarez: And the permit... _
City Attorney Jones: ..back in 1983.
Commissioner Plummer: Look. All I am saying guys, huh. The people of this
community expect results. After a year I am still waiting for you to get rid _
of the antique dealer outside of my front door, that I look at, that has been =
under code violation since September... -
Mr. Gonzalez: Twenty six eighty five.
Commissioner Plummer: ...of last year. I asked about it last week. What did
they do? They went out and wrote them another notice of violation. What the
hell. They got their rights. Don't I have my rights as a citizen to expect
you to go out and enforce the ordinance? Have you taken out an injunction?
Mr. Gonzalez: Commissioner, right now we have, if you got the memo... This
Saturday they are going to be visited by the...
Commissioner Plummer: Big deal.
Mr. Gonzalez: ...Neighborhood Resource Officer, and he does have the...
Commissioner Plummer: They are hearing that...
Mr. Gonzalez: ...the power to arrest.
Commissioner Plummer: ...and they are probably sitting at home watching it on
TV right now, and they are not about to be there next Saturday. I mean it is
incredible.
Mayor Suarez: Al right. But we have got other rights that we have to
preserve.
Commissioner Plummer: Excuse me, Mr. City Attorney, someone who absolutely
says, "City go to hell," can we not take out an injunction? Because that is
what they are saying. Can we not get an injunction to stop them from
violating our ordinances? I don't understand.
201 July 16, 1992
11
Mayor Suarez: OK. On the item before us.
Commissioner Plummer: Can we?
Mayor Suarez: On 36.
11
City Attorney Jones: Well, you got a thing called exhaustion of
administrative remedies before... that is a prerequisite before you bring any
legal action, and until you exhaust that you can't bring any action.
Commissioner Plummer: After a year it is not exhausted?
City Attorney Jones: Well. Apparently the administrative process is not
working.
Mayor Suarez: On item 36 do we have a motion?
Commissioner Plummer: What is your motion? What can we do?
Mayor Suarez: What can we do, Mr. City Attorney?
City Attorney Jones: Discussion.
Mayor Suarez: ...Anything at this point?
Vice Mayor Alonso: Move to the next item.
Mayor Suarez: Item 38.
Commissioner Plummer: Well, wait a minute. No. I mean is there any
determination on 36? [INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC RECORD]
There is no determination.
Mayor Suarez: Nothing to be done on 36.
Commissioner Plummer: Nothing is going to be done. It is going to be
business as usual.
Mr. Gonzalez: Yeah. Commissioner, yes. No, sir. After the elections...
Three days, the way the code states, all signs have to be removed. What we
are going to do is each NET administration office, each inspector is going to
go out and do a sweep of his area, remove all public signs, in the public
right of way, and we will cite all private owners that have signs left over
after the elections.
Commissioner Plummer: What about on private property that have signs today in
excess of two by two?
Mr. Gonzalez: Yes they can...
Commissioner Plummer: You going to cite them?
Mr. Gonzalez: They can be cited, sir.
202 July 16, 1992
Commissioner Plummer: I would like a copy of every one that you do. No, no,
no. Not that they can be, are you going to do it or not?
Mr. Gonzalez: Yes, sir, we will. We will enforce the ordinance.
Commissioner Plumper: I would like a copy of every violation notice you give.
Mr. Gonzalez: Yes, sir.
23. REPORT ON MEETING WITH MIAMI MOTORSPORTS, INC. REGARDING POSSIBLE
EXTENSION OF CONTRACT, CLARIFICATION OF CONTRACTUAL OBLIGATIONS, ETC.
Mayor Suarez: Item 38.
Mr. Cesar Odio (City Manager): Mr. Mayor, ah...
Mayor Suarez: Anything to report?
Mr. Odio: What I can report, I believe, that the bottom line will be that
there will be no changes to the license agreement that we have.
Mayor Suarez: No changes to the license agreement being proposed at this
point.
Mr. Odio: Because he has given us intention that he will stay there until
1997.
Mayor Suarez: Which is when it ends, presumably.
Mr. Odio: That is when he ends, and then he does have a contract he said...
Finalizing a contract with North Miami.
Mayor Suarez: All right. Any questions?
Vice Mayor Alonso: Yes.
Mayor Suarez: Vice Mayor Alonso.
Vice Mayor Alonso: Do they get paid salaries, the executives are paid
salaries from the Grand Prix?
Mr. Odio: We have it yesterday they...
Vice Mayor Alonso: They do? And according to the contract is that
acceptable?
Mr. Odio: All we have is a license agreement with them. And we do have the
right to see their audits.
203 July 16, 1992
11
Vice Mayor Alonso; Yeah. But we have...
Commissioner Plummer: We do an audit.
Vice Mayor Alonso: ...the agreement, and I believe...
Mr. Odio: But we don't control...
Vice Mayor Alonso: ...that in some of the original agreement I saw that
salaries was not to be paid from the funds that were awarded to them.
Commissioner Plummer: Oh, well. You mean from the City?
Vice Mayor Alonso: Yeah.
Mr. Odio: Yeah. But what they...
Commissioner Plummer: They are not.
Mr. Odio: They are not.
Vice Mayor Alonso: In the audit they deduct their salaries. That is why we
don't make any money.
Mr. Odio: Well, because...
Vice Mayor Alonso: Have you looked at the audits?
Mr. Odio: Yes, we have. What they are doing is they are technically correct
because they are not taking from the City monies, any of their salaries.
Vice Mayor Alonso: Yeah. But if they deduct...
Commissioner Plummer: Well, that 1s the...
Vice Mayor Alonso: ...we will never make any money, and according to the
wording...
Commissioner Plummer: That is not true.
Vice Mayor Alonso: ...in the contract, and the agreement and the amendments,
salaries were not supposed to be included in that.
Commissioner Plummer: That was not the original contract, Madam Commissioner,
and that is a true statement.
- i
Vice Mayor Alonso: Well, did it change? t
Commissioner Plummer: Yes, it did change.
Vice Mayor Alonso: I look at the amendment and... p
Commissioner Plummer: Let me tell you how the change...
204 July 16, 1992
T.
Vice Mayor Alonso: ...maybe I am missing one of them.
Commissioner Plummer: Let me tell you how the change came about.
Mr. Odio: Let me look at...
Commissioner Plummer: The initial...
Mr. Odio: Yeah.
Commissioner Plummer: ...agreement was no monies available for salaries
because it was strictly in -kind of City services. When the City asked the
Grand Prix to move from the Bayfront Park site to north the Bicentennial
site...
Vice Mayor Alonso: Yeah. We paid them six hundred and twenty five.
Commissioner Plummer: Two hundred thousand dollars a year, for the move.
Plus six hundred and twenty-five to put the other. There was no prohibition
on that two hundred thousand dollars a year, that salaries... There was no
prohibition that they couldn't do what they wanted with it. OK?
Vice Mayor Alonso: Um -hum. So when they present the budget, are they
supposed to deduct the salaries from that amount? I think there is something
wrong there.
Mr. Odio: Commissioner, to be... Let me check the last amendments to see if
we can do that,...
Vice Mayor Alonso: Check that and report to us.
Mr. Odio: ...and I will report back to you by next meeting.
Vice Mayor Alonso: Thank you.
Mr. Odio: Call the next...
Vice Mayor Alonso: I bet your pardon? He is gone. OK. Yes. Will you state
your name for the record, please.
- Mr. Frank Albritton: Yes. My name is Frank Albritton. I am the Chairman of
the City of Miami Waterfront Board. We have been in the process the last
couple of months attempting to gain financial information, from the City,
regarding the activities of Miami Motorsports.
i
Commissioner Plummer: For what? For what?
Mr. Albritton: As far as our deliberation, or review of their... They made a f
presentation before our board.
Mr. Odio: They got no authority over that.
Commissioner Plummer: What? What does that got to do... Their audit got to
do with Waterfront Board?
205 July 16, 1992
11
Mr. Albritton: Because...
Commissioner Plummer: I don't...
11
Mr. Albritton: Well, the property is located on City of Miami waterfront.
Commissioner Plummer: So?
Mr. Albritton: That is one.
Commissioner Plummer: All right.
Mr. Albritton: Number two, they made a presentation before our Board, and we
indicated at that time... The Board initiated a subcommittee that was to
review not only the past financial performance, but also the contractual
agreement with the City of Miami.
Commissioner Plummer: That has nothing to do with you.
Mr. Albritton: Well, that...
Commissioner Plummer: The contractual agreement has nothing to do with you.
Nothing at all.
Mr. Albritton: As part of our review process, Commissioner Plummer, that
was...
Commissioner Plummer: No. You are overstepping your bounds, sir. For what
reason would we want you to do an analysis of a financial condition? I don't
see that is part of your baileywick.
Mr. Albritton: That is definitely your prerogative, but that...
Commissioner Plummer: That is why we got internal auditors. That actually do
the audits of Miami Motorsports. Am I correct?
Mr. Albritton: Right. But we have received copies of the... Of what we
thought... Originally in our review process we thought we could review it
through records that is at the City internal audits, but...
Commissioner Plummer: Well, but public records are available to anyone.
Mr. Albritton: That is correct, but unfortunately that didn't turn out to be
the case. The case was we were provided only with a summary review of audits.
No certified audits, and many of the information was confusing and really
totally absent.
Mayor Suarez: Well, Frank,...
Mr. Odio: They would provide it even...
Mayor Suarez: ...I didn't hear all the discussion but the Waterfront Board is
to be consulted on all matters affecting waterfront properties...
206 July 16, 1992
Commissioner Plummer: Definitely. _
Mayor Suarez: ...but not necessarily the financial audits of activities r
taking place in those waterfront properties. That is really more...
Commissioner Plummer: Unless we ask.
Mayor Suarez: Unless, yeah, we...
Mr. Albritton: Well.
Mayor Suarez: That is not to say that you don't have a right to delve into
it.
Mr. Albritton: Well, that is definitely your prerogative, Commissioners, but
when we review certain items as part of our review process... When a
presentation is made before our Board, we look in... One of the criteria we
look for their future consideration what their past financial performance has
been of this entity, because they have never been before us before.
Mayor Suarez: Yeah. But we are not negotiating any new concession for them,
or any extension of their lease, in fact, they may, or may not, actually leave
that facility. So, I mean, the Waterfront Board's jurisdiction is somewhat...
Mr. Albritton: Well, I can guarantee you if this is the will of the
Commission, desire of the Commission, that we not review such matters...
Mayor Suarez: No, no. I wouldn't say that either.
Mr. Albritton: ...then that would be most appreciative because the time has
been spent to date in attempting to do...
Commissioner Plummer: I really don't know what you are really trying to
accomplish. That 1s the point.
Mayor Suarez: Why don't we just order a complete audit ourselves and then
make that available to you.
Commissioner Plummer: Sir, we do it every year. We do an audit of their
books every year. As a matter of fact, the auditors are out there now.
Mr. Odio: And they...
Mayor Suarez: If that 1s the case then why can't the Waterfront Board analyze
that audit that has been done in the past.
Commissioner Plummer: You can't get an audit that is not completed.
Mr..Odio: We gave him all the records that we had.
Commissioner Plummer: They got a complete copy of the records.
Mr. Odio: If they want more than they can go find with Ralph Sanchez.
207 July 16, 1992
a
Mayor Suarez: You can't give them an audit that is complete. When is the
current fiscal year's audit going to be complete?
Commissioner Plummer: Mr. Mayor, he makes a very good point. I think that is
very more important then the piece of paper. What are they going to
accomplish, and are they stepping over the bounds of what we expect them to
do. I see nothing accomplished by asking the Waterfront Board to be auditors.
I don't understand that.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Now, I could agree with J.L. Plummer if they hadn't
been doing this for the last two years. For the last two years the Waterfront
Board has assumed the watchdog posture that they have the right to monitor all
activities on the waterfront. And we the... And this is the first time...
Am I wrong? This is the first time that this Commission has challenged them.
Commissioner Plummer: Well, I think where this maybe has come about is
because we asked them, as boating interest, to assist us in going through the
Dinner Key Marina boatyard scenario. And they did, in fact, do that. And we
did, in fact, appoint some of them to the Selection Committee, and to the
Evaluation committee, but that is where it ended. It was only for Dinner Key
boatyard.
Mayor Suarez: Yeah. That was going to be for the...
Mr. Albritton: Well, Commissioner Plummer, just for example, we are possibly
going to get involved in the Miccosukee issue.
Commissioner Dawkins: No, you...
Commissioner Plummer: No your are not.
Commissioner Dawkins: No, you... That not... What is the Water Board...
Commissioner Plummer: No you are not, because there is not going to be an
Issue as far I am concerned.
Mr. Albritton: OK. But it was alluded to us that... Well, we had discussed
this issue before.
Commissioner Plummer: Well, let me tell you. You see, I told the Mayor this
morning, Mr. Mayor, here we go again. The Administration has spent time on
the ba-bon-boo-boo-boo-boo Indians. We don't even know anything about them.
Mr. Albritton: Commissioner Plummer.
Mayor Suarez: Let the record reflect that that certainly was not a derogatory
statement about the Miccosukees. I have no idea what it meant because it was
just a lot of stuttering or something. Now, Mr. Albritton, are you really,
seriously, having a difficult time obtaining a complete audit from the last
fiscalyear for Miami Motorsports' operation of a race in the FEC
Bicentennial?
208 July 16, 1992
1
Mr. Albritton: Absolutely.
Mayor Suarez: Mr. Manager, the Waterfront Board, and any other citizen, for
that matter, has a right to view, and to review and to ask questions about the
last yearly audit of Miami Motorsports' operation of an event in the FEC
Bicentennial,
Mr. Odio: We give it to them.
Mayor Suarez: Now, what year...
Vice Mayor Alonso: What they...
Mayor Suarez: ...did you give them?
Vice Mayor Alonso: ...really need is it's not really an audit.
Mr. Odio: What we... Every record that we have that they wanted we gave
them.
Vice Mayor Alonso: That is, I believe, what they mean.
Mayor Suarez: Did you give them an audit, Mr. Manager?
Mr. Odio: Yes.
Mayor Suarez: An audit.
Mr. Odio: What we had we gave them.
Mayor Suarez: That is not the question I asked.
Mr. Odio: That is the audit.
Mayor Suarez: 1 didn't ask if you gave them what you had. Did you give them
an audit, by an accounting firm, at least?
Mr. Odio: Did we give them that?
Mayor Suarez: Or by our internal management.
Ms. Hattie Daniels: Mayor Suarez.
Mayor Suarez: Doctor.
Ms. Daniels: So far everything that we have in our files, we have given to
Mr. Albritton.
Mayor Suarez: You sound just like him.
that I didn't ask.
Ms. Daniels: OK. Let me...
You are telling me the same thing
209
July 16, 1992
Mayor Suarez: Did we give him what is the equivalent of an audit? - A formal
audit.
Ms. Daniels: Yes. We do have some current things that have not been given
to them.
Mayor Suarez: For what fiscal year?
Ms. Daniels: For 191. That has not been released yet. But other than
that...
Mayor Suarez: But which one did we give them? What year did we give them?
Ms. Daniels: We have given them everything, I believe, from 186 up to the
present, except for the one that is currently being reviewed.
Mayor Suarez: Which is what year?
Ms. Daniels: Which is 191.
Mayor Suarez: OK.
Commissioner Plummer: No, no. Ninety-two.
Ms. Daniels: Ninety-two just... We just received 192. Ninety-one has been
completed but it has not been released yet.
Mayor Suarez: OK. You have not received either 191 or 192 then.
Mr. Albritton: We have not received any copy referring to Miami Motorsports
financial activities, of any certified copy...
Mr. Odio: You go and ask them. We don't have that. We do not have... Mr.
Sanchez...
Commissioner Dawkins: Somebody... We have to...
Mayor Suarez: Are you saying... Wait a minute. Wait a minute. Wait a
minute, Mr. Manager. Frank... An audit by internal... By our Internal Audit
Department is not certified in that sense, but it is an audit.
Mr. Albritton: Right.
Mayor Suarez: Did you get those for any year up to 1990?
Mr. Albritton: Yes we did, a summary.
Mayor Suarez: OK. We want to get the entire thing, not a summary.
Mr. Albritton: Well, we would like the certified audit, which is my
understanding...
Mayor Suarez: Well, the audit...
210 July 16, 1992
11
Mr. Albritton: ...it was required by Miami Motorsports, to be able to review
it.
Commissioner Plummer: Why him?
Mayor Suarez: Does our contract require a certified audit?
Ms. Daniels: Not the...
Commissioner Plummer: It is internal audit.
Ms. Daniels: ...one that we do. They get an audit from Deloitte & Touche,
but I don't believe that that is even certified. it is a review...
Mayor Suarez: OK.
Ms. Daniels: ...that is prepared by Deloitte & Touche.
Mayor Suarez: OK. Do we get that?
Ms. Daniels: Yes, we get that.
Commissioner Plummer: Yes, of course.
Mayor Suarez: Do you make that available to the Waterfront Board?
Commissioner Plummer: Anybody.
Ms. Daniels: Everything that we have had in our files, yes.
Mayor Suarez: OK. For what years? Up to 1990?
Ms. Daniels: Up through 1990.
Mayor Suarez: Make 1991 available, as soon as it is ready, and it should have
been ready before today.
Ms. Daniels: Yes.
Mayor Suarez: And make 192 available as soon as that is ready.
Ms. Daniels: Yes. No problem.
Mayor Suarez: If there is still something else that you think that you are
entitled to, let us know.
Mr. Albritton: Well, Mr. Mayor, one of the things that presents sort of a
dilemma, and I am sympathetic to what J.L. is saying, is that, 1f you would
likeus... 'If we come across apparent discrepancies, or if we have any
questions about activities on City of Miami Waterfront, and now you are saying
this would be the limitations, in this particular instance, of our normal
review process, then we really have...
211 July 16, 1992
Mayor Suarez: I don't want... I personally don't want to limit. I am not
sure that any of us want to limit you, but... Frank, the other day I did get
a report from you that was opposing the State proposed, I think is was,
regulation of aquatic activities that might affect manatees, and, you know,
you get to the point that the Waterfront Board should really concentrate on
the most important things, and be supportive of, you know, issues affecting
the waterfront. I mean...
Mr. Albritton: That is correct, Mr. Mayor, and we do that by independent...
Mayor Suarez: The auditing... Auditing...
Mr. Albritton: By independent deliberation. If you do not agree, or concur
with our independent deliberation, then that is your prerogative. You can
dismiss us with the slight of a hand, but you can't...
Mayor Suarez: I have no intention of doing that.
Mr. Albritton: But you can't... Please, in our review process, you cannot
dictate what the answer, or the outcome of what we review. Because,
otherwise, then you destroy...
Mayor Suarez: Obviously not,...
Mr. Albritton: the integrity of the whole process.
Mayor Suarez: ...but your priorities should be logical ones, and what we
meant to give you was authority to have a prior right of review over anything
that would affect the waterfront properties, in a sense of land use, not so
much in a sense of accounting, and in a sense of whether we are getting our
money's worth. OK. But if you choose to delve into that in the case of Miami
Motorsports, and you have anything that they don't give you, please let us
know.
Mr. Albritton: And also we intend to follow this same process with Mr.
Lunetta's plan for the port, because he also came before the Board and made a
presentation.
Mayor Suarez: Yes.
Mr. Albritton: We also include... Intend to look...
Mayor Suarez: Absolutely.
Mr. Albritton: ...at the financial aspects...
Mayor Suarez: Well you have had one presentation made to you already. Have
you had any reaction to that plan? And if so, make sure that you tell us.
Put it in a report.
Mr. Albritton: Well, we were waiting...
Mayor Suarez: I don't mean...
212 July 16, 1992
Mr. Albritton: ...until we got the information...
Mayor Suarez: I don't mean today, but, I mean, make sure that you give us
input. —
Mr. Albritton: Yeah. Well, we are taking one thing at a time. We were first -
going to dealing with Miami Motorsports. We wanted to get the financial
information enough that we could render a...
- Mayor Suarez: Well, but that might have made more sense at the time that we
- were in a posture of having to approve...
Mr. Albritton: Yes. _
Mayor Suarez: ...a whole new redevelopment by Miami Motorsports. That is now
off the table. You understand that? -
Mr. Albritton: It is strictly up to the will of the Commission.
Vice Mayor Alonso: No. But I think he has a point. If they have come across
items that have... -
Mayor Suarez: Discrepancies...
Vice Mayor Alonso: ...discrepancies... _
Mayor Suarez: Things that don't seem to jive. _
Vice Mayor Alonso: ...or things that they consider that are not
appropriate...
Mayor Suarez: We better know about it.
Vice Mayor Alonso: ...I suggest that they continue to look into the matter
until they are satisfied...
Mr. Albritton: Well, could there be any...
Vice Mayor Alonso: ...and let us know.
Mr. Albritton: ...reason why we wish to continue...
Vice Mayor Alonso: Sure.
Mr. Albritton: ...without having to say that out loud?
-- 1
Vice Mayor Alonso: Yes.
- 4
- i
i
Mr. Albritton: Why we wish to continue...
Vice Mayor Alonso: This is taxpayers money.
Mr. Albritton: ...with this review process?
213 July 16, 1992
Mayor Suarez: No, but we can't surmise that. You have to tell us that. You
have to tell us that you are interested in this, and explain it, and then
wonder... It makes me wonder why they are not getting whatever audits there
are, and why we don't have the 191 audit. Why don't we have the 191 audit? —
Commissioner Plummer: They said they received.
Mayor Suarez: Why not the 191?
Mr. Albritton: We received summary audits.
Mayor Suarez: OK. They should get the complete audit, Hattie. They should
get the 191 audit as quickly as possible. When is that going to be ready?
Ms. Daniels: OK. The 191 is ready now, but that is based upon the audit that
is done by Deloitte & Touche. So once we receive Deloitte & Touche, then we
are able to proceed with ours. _
Commissioner Plummer: But did you...
Mayor Suarez: All right.
Ms. Daniels: So that is why...
Commissioner Plummer: ...give him a copy of that?
Mayor Suarez: Give him a copy of the complete DHS audit.
Ms. Daniels: I haven't given him anything from 191. We have that now.
Commissioner Plummer: No. The prior year.
Mayor Suarez: UK. Get the copy of the DHS one.
Ms. Daniels: Prior years, sir.
Commissioner Dawkins: No. He just said... She said no.
Mayor Suarez: Right.
Commissioner Dawkins: She said no.
Commissioner Plummer: You have already given it to him?
Ms. Daniels: Everything from prior years, that we had, yes. `
= Mayor Suarez: For 191, please.
Commissioner Plummer: He is saying...
Ms. Daniels: Not 191.
— Commissioner Plummer: ...he hasn't received it.
214 July 16, 1992
_ Ms. Daniels: Not 191.
Commissioner Plummer: No. Prior years.
= Ms. Daniels: Prior years, everything we had in our files.
Commissioner Plummer: This was the loth year.
Vice Mayor Alonso: I think that they have a right to look at 191 as well.
Mayor Suarez: Yes.
Commissioner Plummer: It is not completed.
Mayor Suarez: Well it is now, she says.
Vice Mayor Alonso: What do you mean it is not completed?
Commissioner Plummer: She is saying it is not completed.
Mr. Albritton: The critical path is... _
Vice Mayor Alonso: Mr. Sanchez must have reported to us 191.
Mr. Albritton: ...is Department of Internal Audit is saying they have a
summary audit.
Vice Mayor Alonso: We are at the end, practically, of 192.
Mayor Suarez: Please. _
Vice Mayor Alonso: It seems to me that you must have 191. Do you have it in
your office?
Ms. Daniels: We have 191 now. It has just not been signed and released.
Mayor Suarez: OK.
Ms. Daniels: We do 191 based upon the audits that are completed by Deloitte &
Touche. When once they are completed, and forwarded to us, then we proceed
with ours. So we have just completed that, and then we will proceed with 192.
Vice Mayor Alonso: I certainly would like to have a copy of that 191 and
whatever...
Ms. Daniels: Of course.
Vice Mayor Alonso: ...you have in 192 as well.
Ms. Daniels: Yes.
Mayor Suarez: OK.
Vice Mayor Alonso: OK. And...
-� 215 July 16, 1992
Ash
Mayor Suarez: For years prior to 191, have you given them a summary of the
Deloitte, Haskins Audit and your own response to it, or have you given him the
entire audit itself?
Ms. Daniels: We have given them the entire audits that we did, and anything
that we had that belonged to Deloitte & Touche.
Mayor Suarez: OK. If that is not the case... It is not the case?
Mr. Albritton: No. We are still talking apples and oranges, and I don't mean
to refute what Dr. Daniels is saying, but it is just not the same. She is
saying yes in stipulations. There was audits done by Grants from the State,
but as far as the regular activity of Miami Motorsports, there are no
certified audits available for public inspection from the City.
Mayor Suarez: OK. What, exactly, is the right to audit that we have? It
doesn't cover the entire operation...
Commissioner Plummer: We do an audit. Isn't it certified?
Mayor Suarez: ...by Miami Motorsports.
Ms. Daniels: No. No, sir. As far as we are concerned.
Commissioner Plummer: No, no. Not ours.
Ms. Daniels: As far as our audits. As far as Deloitte... No. It does not
require a certified audit. It requires a review. OK. And that is basically
what they do. And as far as we are concerned...
Commissioner Plummer: Wait, wait. Are you telling me that an organization
that goes out and borrows millions of dollars, and that is what they do, do
not have certified audits? I can't believe that.
Ms. Daniels: I can only tell you what we have required of them in our
contracts.
Commissioner Plummer: But that doesn't say they don't have certified audits.
Do they have them?
Ms. Daniels: What we are requiring... What we require and what we receive
from Miami Motorsports, based on our contract, is a review. It is not a
certified audit.
Mayor Suarez: And also it is a review of what? Of the way that State Grant
monies are used, is what he is indicating. Not an actual audit of all the
monies that Miami Motorsports makes from having that event out there, and all
the money they spend, and the difference between the two.
Ms. Daniels: No. Deloitte & Touche does a complete audit...
Commissioner Plummer: Well, that was not the reason for the audit.
216 July 16, 1992
Ms. Daniels: ...of all of Miami Motorsports. We look at two things...
Mayor Suarez: Of all their activities?
Ms. Daniels: Yes.
Mayor Suarez: Of...
Ms. Daniels: Yes.
Mayor Suarez: ...return on profit? Of cash flow? —
Ms. Daniels: Yes. —
Mayor Suarez: The whole bit?
Ms. Daniels: All of their activity, and, in fact, this is what we have for
191. Then, additionally, we do an audit related to the State Grant.
Mayor Suarez: For every single year...
Ms. Daniels: That is something separate.
Mayor Suarez: ...of that event out there. Not just the State Grant, but the -
event that is held out there. There is a Profit and loss Statement. That is
performed by Deloitte Haskins?
Ms. Daniels: Deloitte & Touche, yes. _
Commissioner Plummer: Yes.
Mayor Suarez: They can look at it? _
Ms. Daniels: Yes, I am sure that is public record.
Commissioner Plummer: Anybody can.
Mayor Suarez: OK. He is saying that the reviews that he has seen, the audits
thathe has seen, are of the State Grants that are involved in that, not of
the whole operation.
Ms. Daniels: We have those dealing with the State Grant, and we have those
that are based on the total audit...
Mayor Suarez: All right.
Ms. Daniels: ...and this is what I arm looking at for 191.
Mayor Suarez: Why don't you...
Ms. Daniels: He has not yet received.
Mayor Suarez: Mr. Manager, with your approval...
217 July 16, 1992
Commissioner Plummer: Is there any reluctance, on your part, to give him '-
copies of all of that?
Ms. Daniels: I am sorry?
Commissioner Plummer: Is there any reason, or reluctance on your part, to not
give him these copies.
Ms. Daniels: No, Commissioner Plummer, we have made, I think, these copies, I
think, on two occasions and provided them to the Manager's Office, and they,
in turn, have provided them to Mr. Albritton. We have also even indicated to
him... He asked us to go and accompany him to Miami Motorsports, and the
Manager, basically, approved that. So we told him any additional help that he
needed in understanding their books we were willing to give that, so... —
Commissioner Plummer: I still don't understand what they are trying to
accomplish.
Mayor Suarez: If there is anything missing at the end of all that process,
Frank, let us know.
Mr. Albritton: OK. Mr. Mayor...
Vice Mayor Alonso: Yes.
Mr. Albritton: I am sorry. One more thing in response to your objections or
issue about the manatee. I would like Mr. Bunnell, he is the Vice Chair...
Mayor Suarez: No. I am sorry I brought it up. I will deal with that
directly with you. I do wonder about the wisdom of opposing State policy on
something like that, but, you are entitled to it.
Mr. Richard Bunnell: I just wanted to make one point.
Mayor Suarez: No. Why don't we do that privately. I am the only one that
seems to be concerned about it.
Mr. Bunnell: Because of the devastating effect it has on waterfront property
the City owns.
= Mayor Suarez: Well, I guess they are concerned about the devastating affects
on the manatees to, which are... I guess maybe an endangered species.
Vice Mayor Alonso: Mr. Mayor, just one...
Commissioner Dawkins: Mr. Mayor. Mr. Mayor, may I make a statement, please.
_ f
Mayor Suarez: Well, the Vice Mayor yields...
o t
Commissioner Dawkins: Ma'am, will you yield? Yield, please, Ma'am.
Vice Mayor Alonso: Sure.
218 July 16, 1992
e
Commissioner Dawkins: It is five, twenty-four.
agenda from the last Commission Meeting.
Vice Mayor Alonso: indeed.
We have not finished the
Commissioner Dawkins: I am going to make it abundantly clear, I Miller
Dawkins, will not come back in this chamber for no special meetings to finish
this agenda. OK?
Mayor Suarez: All right.
Commissioner Dawkins: That is all. Item 39, or Vice Mayor Alonso, then let's
move on, quickly please.
24. (A) BRIEF DISCUSSION CONCERNING KEEP DADE BEAUTIFUL AUDIT.
(B) BRIEF DISCUSSION CONCERNING TOOLS FOR CHANGE ACCOMPLISHMENTS.
Vice Mayor Alonso: Mr. Manager, I have not received any response in reference
to Keep Dade Beautiful, and the audit, and the results of the investigation.
So, I would like to have that as soon as possible.
Commissioner Plummer: Also, for the record, I asked about Tools For Change.
The only thing I got was a thing that showed me the money. How... Where the
money went for salaries and administration. I have asked what are their
accomplishments. 1 am still waiting to hear what are the accomplishments of
the Tools For Change.
25. DISCUSSION CONCERNING R-92-366 (WHICH RESCINDED AUTHORIZATION TO DONATE
SURPLUS STOCK TO HAITI) -- DIRECT ADMINISTRATION TO ADVISE ON
AVAILABILITY OF CATEGORY "A" SURPLUS STOCK, SHOULD GOODS EMBARGO BE
LIFTED -- DONATE SURPLUS STOCK TO DOMINICAN REPUBLIC.
Mayor Suarez: OK. Item 39.
Commissioner Dawkins: Mr. Mayor, this is where the City Commission made...
Mayor Suarez: This is formalizing what we have already decided to do?
Commissioner Dawkins: Yeah. Right.
Commissioner Plummer: OK. Well, let me ask this question.
Commissioner Dawkins: And since they have the embargo in Haiti, if the
equipment becomes available before the embargo is lifted, then I would like to
send it to the sister city, in Monte Plata, in the Dominican Republic.
219 July 16, 1992
Mayor Suarez: All right.
Commissioner Plummer: Mr. Manager.
Mayor Suarez: So moved. Yes.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Second.
Commissioner Plummer: I will second, as you know, the problem... Not a
problem, but one of the things here is these cities... Santo Domingo is a
sister city.
Mayor Suarez: Right.
Commissioner Plummer: I would strongly urge the Administration that you
either get cash up front, or a letter of credit for the value of the vehicles.
I will tell you that, in the past, we have always declared a surplus value,
and that is what has been paid in the past, but the point I am trying to make,
whatever you agree upon, please get your money up front.
Mayor Suarez: OK. So moved, and seconded. Any discussion? If not, please
call the roll.
220 July 16, 1992
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11
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-487
A RESOLUTION RESCINDING RESOLUTION NO. 91-606, ADOPTED
SEPTEMBER 11, 1991, IN ITS ENTIRETY, WHICH AUTHORIZED
THE DONATION OF CATEGORY "A" SURPLUS STOCK TO THE CITY
OF PORT -AU -PRINCE, IN THE REPUBLIC OF HAITI; DIRECTING
THE CITY MANAGER TO ADVISE THE CITY COMMISSION AS TO
THE AVAILABILITY OF CATEGORY "A" SURPLUS STOCK SHOULD
THE EMBARGO OF GOODS RECENTLY PLACED UPON SAID NATION
BE LIFTED; CLASSIFYING ONE HUNDRED (100) SURPLUS SOLID
WASTE CONTAINERS, TWO (2) SURPLUS SWEEPERS, FOUR (4)
SURPLUS 32-YARD RUBBISH TRUCKS, SIX (6) SURPLUS 20-
YARD GARBAGE PACKING TRUCKS, ONE (1) SURPLUS POLE
TRUCK CRANE, THREE (3) SURPLUS TANK TRUCKS, ONE (1)
SURPLUS LOBE TRUCK, TWO (2) SURPLUS YARD PACKING
BODIES (NO TRUCK), TWO (2) SURPLUS WHEELCHAIR VANS,
TWELVE (12) SURPLUS SUB -COMPACT CARS, AND EIGHT (8)
SURPLUS MEDIUM -SIZE CARS, AS CATEGORY "A" SURPLUS
STOCK, SHOULD SUCH EQUIPMENT BECOME AVAILABLE, AND
DONATING THE SAME, AFTER THE EXECUTION OF THE
APPROPRIATE RELEASE DOCUMENTS AND PREPAYMENT OF THE
APPLICABLE SHIPPING CHARGES BY RECIPIENT, TO THE
PROVINCE OF MONTE PLATA, IN THE DOMINICAN REPUBLIC,
SUCH DONATION TO BE VALID AND EFFECTIVE BETWEEN MAY
28, 1992 AND MAY 27, 1993; SAID EQUIPMENT TO BE USED
BY THE PROVINCE OF MONTE PLATA IN ITS MUNICIPAL
HEALTH, RESCUE, AND SANITATION EFFORTS, WITH ALL
REPAIR, TRANSPORTATION, PACKING, AND SHIPPING COSTS TO
BE BORNE BY THE PROVINCE OF MONTE PLATA.
(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.
221 July 16, 1992
AOL
26. ISSUE REQUEST FOR PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT PROJECT (UDP)
CONSISTING OF DEVELOPMENT OF A FULL -SERVICE BOAT YARD FACILITY, MARINA,
AND OPTIONAL ANCILLARY MARINE -RELATED RETAIL USE ON CITY -OWNED
WATERFRONT PARCEL AT 2640 SOUTH BAYSHORE DRIVE -- SELECT CERTIFIED
PUBLIC ACCOUNTING FIRM -- ESTABLISH REVIEW COMMITTEE AND APPOINT
MEMBERS.
Mayor Suarez: Item 42.
Mr. Odio: The Dinner Key boat yard RFP, Mr. Mayor.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner De Yurre: Have we seen the RFP?. So it doesn't have to come
back and we have to throw it out again.
Vice Mayor Alonso: Yes, I believe the Waterfront would like... Yes, I second
for discussion.
Mayor Suarez: Second. Have you had an opportunity to see the RFP?
Mr. Richard Bunnell: Richard Bunnell, Vice Chairman of the Waterfront Board.
We issued a critique on the draft of the RFP that was given to us in May, and
also an alternative proposal. Based on the critique, your resolution asks
that the draft be adopted substantially in the form that it has been issued to
you, and we would like to, if that is possible... We would like to see that
done, and we would like to see some of the critique of the Waterfront Board be
possibly...
Mayor Suarez: Did any of the other items that get critiqued get incorporated
into what they are putting before us?
Mr. Bunnell: No. None of the items that we... None of our critique was
incorporated in that.
Mayor Suarez: OK. Give us the principal items of the critique.
Mr. Bunnell: Basically involve the negotiation of rent payment. Some of the
legal requirements. Some of the bonding of the proposed developer with issues
with respect to the architect/engineer being from the City of Miami. Things
like that.
Mayor Suarez: I think you have to go through them fairly quickly. I don't
know of any other way of doing this.
Commissioner Dawkins: Wait a minute. Why would the Waterfront Board have the
right to question the bonding capacity of whatever is what, and the
architectural drawing of what is what? I mean, somebody explain to me why.
._ 222 July 16, 1992
Mr. Bunnell: No. There were excerpts of the proposed... of the RFP.
Discussed different things like this, and we were just critiquing it. We were
giving our opinion of it, and what we thought might make it.., make the
document read...
Commissioner Dawkins: OK.
Mr. Bunnell: ...a little better, or work a little better,...
Commissioner Dawkins: OK. Well, let me say...
Mr. Bunnell: ...and possibly make it successful this time.
Commissioner Dawkins: All right. Let me go. Let me go out here and have a
pit stop, but let me tell all of you... Me, number one, I am not voting to
split this up into nothing. It goes out as one complete package, or not at
all. We will not split this up into twenty-five, five thousand jobs, or what
have you.
Mayor Suarez: OK. One other quick...
Mr. Bunnell: We agree with that.
Mayor Suarez: ...observation to see if we can incorporate them. You agree
with what the Commissioner just said, not to split it up?
Mr. Bunnell: Yes, we do.
Commissioner Plumper: Who is recommending that?
Mayor Suarez: Is anybody recommending that?
Mr. Herb Bailey (Assistant City Manager): Five pages.
Commissioner Plummer: Who is recommending it? Where did it come from?
Mr. Bailey: It came from them. That is one of their suggestions, it is not
ours.
Vice Mayor Alonso: No. They did not.
Mayor Suarez: All right. If you are not recommending it...
Commissioner Plummer: They want another audit.
Vice Mayor Alonso: Are you recommending it? No.
Mr. Bunnell: No. We are not. We had an alternative proposal, but it was
just another attachment to the critique, but we feel that the RFP UDP (Unified
Development Project) process should be followed, and the draft of the RFP
substantially should be passed and gone forward with.
223 July 16, 1992
Mayor Suarez: OK. What are the principal items you would like to see
changed? Quickly, if you possibly can go through them.
Mr. Bunnell: Basically, we felt that the... We felt that the appraisal that
was done two and a half years ago, and the appraisal that was done recently,
with the restrictions put on this particular waterfront development by the
Manatee Protection Plan, Dade County and the State, at this point and time, we
reduced the value of the property, perhaps, and that the three hundred and
fifty thousand dollars a month rent, I mean year rent, from the day that you
sign the lease might be excessive in order to get a developer that is willing
to come in and put five million dollars into the property.
Mayor Suarez: What are you suggesting instead of three hundred and fifty
thousand? No particular amount?
Mr. Bunnell: For the first two years either no rent, or a sliding scale of
rent commencing with the buildout program.
Commissioner Plummer: No rent?
Mr. Odio: No, no, no, no. Wait a minute. What?
Commissioner
Plummer: Huh?
Mr. Odio: No
way.
Commissioner
Plummer: You are kidding me.
Mayor Suarez:
He said for the first two years either no rent, or
something
commensurate
with the buildout speed.
Commissioner
Plummer: Mr. Mayor, that is not a rent fee. That is a
minimum,
annual,...
Mr. Bailey:
Rent.
Commissioner
Plummer: ...guaranteed return.
Mayor Suarez:
And they are saying that they think...
Commissioner
Plummer: God knows we don't expect...
Mayor Suarez:
...this property may be overvalued in comparison with
two and a
half years ago, when we went through this process and,...
Commissioner
Plummer: Well, well, well. Let's not...
Mayor Suarez: ...therefore, perhaps, for the first two years there
is to be
no rent. If
you disagree with that, you disagree with that.
Commissioner
Plummer: No. Let's understand. That is not rent. OK? Because
rent is what
you pay and you give up.
Mayor Suarez:
Right.
224 July 16, 1992
Commissioner Plummer: I am saying, is, we never expected, in any way shape or
form, to just get minimum annual guarantee...
Mayor Suarez: That is rent.
Commissioner Plummer: ...but we were going to be assured...
Mayor Suarez: What do you call it if not rent?
Commissioner Plummer: It is a guarantee.
Mayor Suarez: But it is rent.
Commissioner Plummer: It is a percentage...
Mayor Suarez: You are paying for the use of someone else's fee simple 4-
property. It is not fee simple, so it is usually...
Commissioner Plummer: It is a percentage of their...
Mayor Suarez: ...a lease, or a concession, so we call it rent. All right.
You don't call it rent. Whatever you call it. He is saying zero, you are
saying three fifty, fine. We have to decide.
Commissioner Plummer: Are we not talking about... What was the appraisal,
last appraisal, how much... How much was the appraisal?
Mr. Bailey: Three point four, to three point seven. We had two. Three point
eight, three point four.
Commissioner Plummer: For eleven acres of waterfront property? Huh?
Mr. Odio: There is no way that I can recommend that we lower that rent.
Either... If we turn over that property... Look what happened before.
Commissioner Plummer: Wait. Wait. Who did that appraisal?
Mr. Bailey: We don't have...
Commissioner Plummer: Eleven acres on the water for three point four million
dollars.
Mr. Odio: Well, because the use is limited.
Commissioner Plummer: What?
Mr- Odio: The appraisal... If you appraise that property, for instance, for
_ condominiums or a hotel, the property would be worth God knows how much, but
_- for limited use... For a boat yard they appraise it different, but there is
still enough...
Mayor Suarez: Commissioner Plummer, the suggestion has...
225 July 16, 1992
Commissioner Dawkins: J.L. Plummer. I don't care what you
evaluate it for. How many acres, J.T.?
Commissioner Plummer: Eleven.
Commissioner Dawkins: Eleven acres of prime City of Miami Waterfront Board...
You all are selling it for three million dollars. Let me go to the bank...
Mr. Odio: No. We are not selling.
Commissioner Dawkins: ...and borrow all I can and buy all you got.
Commissioner Plummer: I want to tell you...
Mr. Odio: No.
Mayor Suarez: Commissioners, please. The suggestion has been made, by the
Waterfront Board, that it is over -valued. If you think that it was valued
Just right, leave it at three fifty, but let's not argue that it is under-
valued.
Commissioner Plummer: May I argue that it is under -valued?
Mayor Suarez: Sir, if you want to argue that it is under -valued, the next
logical step is going to be to get a whole new appraisal, and begin this
process again. You don't have to do that.
Commissioner Plummer: I so move. I so move.
Mayor Suarez: Commissioner, you can test that by seeing what people bid on
this. He is saying that we are going to have a hard time...
Commissioner Plummer: Sir, you have a motion.
Mayor Suarez: ...finding people that are willing to do five million dollars
worth of improvements, and pay us three hundred and fifty thousand dollars.
They are people involved in this business, so, maybe, we ought to go with the
staff recommendation. If you are inclined to believe the opposite of what he
is saying, which is that it is under -valued.
Commissioner Plummer: Is there not a second... Is there not a motion and a
second on the floor? I thought there was.
Mayor Suarez: Do you want to undo this process which has taken us all these
years to get this far?
Commissioner Plummer: You recommended it, sir. Let's go out and get another
appraisal, and let's redo it.
Mayor Suarez: I did not recommend it. I was trying to follow your logic, and
compare it, contrast it to his logic, which tells him the opposite of what you
are saying.
Mr. Bunnell: Commissioner Plummer, may I...
226 July 16, 1992
s •
Mayor Suarez: Hoping that we would end up somewhere in between and get this
item done.
Mr. Bunnell: Commissioner, may I say something?
Mayor Suarez: Yes. You think you can get us out of this mess?
Mr. Bunnell: Well, the appraisal two and a half years ago is approximately
the same as it is today. And it is not ten acres, it is, basically, six point
three acres of upland. No, excuse me.
Commissioner Plummer: Did I not see eleven acres?
Mr. Bailey: It is ten point eight acres of land and bay bottom together.
Commissioner Plummer: How much?
Mr. Bailey: Ten point eight.
Mr. Bunnell: Six acres. Six acres of upland, Mr. Plummer.
Commissioner Plummer: Where did it see eleven acres?
Mr. Bailey: It is ten point eight, and that includes the bay bottom.
Mayor Suarez: The recommendation made by the Waterfront Board is that we have
two years without initial...
Commissioner Plummer: Damn. You know I thought I read English pretty good,
and I do stand... Approximately one, zero, point eight, eight acres.
Mayor Suarez: Commissioner...
Commissioner Plummer: That is so damn close to eleven.
Mayor Suarez: ...Plummer.
Mr. Bailey: He is correct. You are correct, Commissioner, but see he is
v talking about...
Mayor Suarez: Net. _
Mr. Bailey: He is not including bay bottom. Bay bottom...
Commissioner Plummer: Gee, that is funny. One, oh, point eight, eight, and
- you say I am not right. And how much is it?
Mr. Bailey: We didn't say you are not right. -
Commissioner Plummer: Yes you did. You corrected me.
Mr. Bailey: No we didn't. No we didn't. We said...
~ 227 July 16, 1992
Mayor Suarez: All right.
Mr. Bailey: ...that includes bay bottom.
said it is eleven acres,...
7
He says it is not right, but we
Commissioner Plummer: That 1s what I said. Gee, I thought I said...
Mr. Bailey: ...which includes the bay bottom.
Mayor Suarez: OK. Richard, I gather you are not doing real well on the
proposition of reducing... _
Commissioner Plummer: I call the question on the motion.
Mayor Suarez: ...of... There is no motion. ...of reducing...
Commissioner Plummer: Excuse me? _
Mayor Suarez: There is no motion, I don't think.
Commissioner Plummer: Excuse me?
Mayor Suarez: Is there a motion, Madame City Clerk?
Commissioner Plummer: Is there not a motion on the floor?
Ms. Hirai: Yes. Originally there is motion for the item, moved by
Commissioner Plummer, seconded by Alonso, and then there is...
Mayor Suarez: Do you want to vote on the entire item, without hearing the
- rest of his recommendations, Commissioner?
Commissioner Plummer: Why go any further if I don't agree with what he is
-- going at this point? I don't agree...
Mayor Suarez: Are you going to vote for the motion, may I inquire?
Commissioner Plummer: Mr. Mayor, I do not agree that eleven acres of
waterfront property, in this City, is only worth three million dollars.
Mayor Suarez: And who made the motion, Madame City Clerk?
Commissioner Plummer: I did.
Ms. Hirai: Commissioner Plummer.
— Mayor Suarez: All right. Are you going to withdraw your motion,
Commissioner?
Commissioner De Yurre: We'll buy it.
Commissioner Plummer: Huh? We'll buy it. Yeah. Why not?
228 July 16, 1992
Mayor Suarez: All right. Please, Commissioners, please let the man from the
Waterfront Board make his recommendations. do whatever you would like with
him, and let's get on with the item, please.
Commissioner Plummer: All right. Thank you.
Mayor Suarez: Anything else, Richard?
Mr. Bunnell: Commissioner Plummer, can I just say one thing?
Commissioner Plummer: Say anything.
Mayor Suarez: I wouldn't touch the issue of value. They don't agree with you
on value, but try the other one, please.
Mr. Bunnell: I just want to just, please, reiterate. The eleven acres
includes the bay bottom.
Commissioner Plummer: Yes, sir.
Mayor Suarez: OK.
Mr. Bunnell: It is six acres of upland, and approximately five acres of
wetland.
Commissioner Plummer: I beg of you, sir, to read the agenda, which is one,
oh, point eight, eight. All right, sir.
Mayor Suarez: He is telling you he thinks it is...
Mr. Bunnell: You are absolutely correct.
Mayor Suarez: ...ten, point eight, eight acres.
Mr. Bunnell: You are absolutely correct.
Commissioner Plummer: Thank you.
Mr. Bunnell: And the audit that was performed two and a half years ago
this... The audit is performed recently for this RFP is substantially the
same.
Commissioner Plummer: Thank you.
Mr. Bunnell: They are within one hundred thousand dollars of each other. So,
two and a half years ago when the RFP...
Commissioner Plummer: Took them five minutes to prove me right.
Mr. Bunnell: ...went out this appraisal is the same.
Mayor Suarez: What other comments do you have or critiques? You are not
doing to well on your number one critique. In fact, you are causing my
Commissioners to consider exactly the opposite of what you are recommending.
x
229 July 16, 1992
Commissioner Plummer: Downtown FEC (Florida East Coast) we paid what, a
million dollars an acre? Approximately.
Mr. Bunnell: The other point that we made was in reference to the bonding or
letter of credit of the proposer. We were just trying to find out if the
Legal Department had a better way to make sure that maybe the same thing
didn't happen to this successful proposer, as the last time.
Mayor Suarez: At one point we had a one point five million dollar cash
deposit requirement. Do we have anything like that this time?
Mr. Bunnell: There is a one point five million dollar minimum investment,
which we don't expect it... We expect that all the proposers that propose,
make proposals, will exceed the one point five million dollar minimum
investment.
Mayor Suarez: Do we have a one point five million dollar cash, upfront,
requirement as we did?
Commissioner Plummer: You didn't have anything before.
Mr. Bunnell: No. No.
Mayor Suarez: Well, previous to the last time.
Mr. Bunnell: No.
Commissioner Plummer: You had nothing before. That is how we got stuck.
Mr. Bunnell: We have the same minimum investment, Commissioners.
Mayor Suarez: That wasn't what I was asking about. The minimum investment.
All right. So it is a one and a half million dollar minimum investment. Now,
what is your proposal?
Mr. Bunnell: Well, that there also be a million dollar bond, or letter of
credit, for the...
Mayor Suarez: I would like to see...
Mr. Bunnell: ...financial performance of the...
Mayor Suarez: ...a substantial amount of money, upfront, so that when we give
this bid to someone, we don't spend a few months trying to see if they can
perform. If they don't have a million dollars in liquid deposit that they can
make, they should not go in there and start taking over the property. It has
happened to us in the past. I have no problem with that.
Commissioner Plummer: Mr. Mayor, as you will recall, the bone of contention
that I had before, I forced even though I voted against... I forced the
awardee to come up with the annual minimum guarantee, prior to taking
possession of the property. It passed at this Commission, and for whatever
reason, the Administration did not follow the instructions of this Commission,
230 July 16, 1992
M
E2
which was clearly in the minutes, and because of that reason we got stuck for
about two hundred thousand dollars. So, what I am going to insist, this time
without question, whatever this Commission agrees upon as the minimum annual
guarantee...
Mayor Suarez: He is not suggesting a minimum annual guarantee. He is
suggesting a million dollars, which would be, in effect, equivalent to three
years. Do you want to go for that?
Commissioner Plummer: Sir, that is the... What he is speaking of is a
performance that they will do what they say in the building, and improvements
to the property.
Mayor Suarez: In all respects they will abide by the contract. I don't think
he means to limit it to the development of the property.
Commissioner Plummer: Sir, I am going to demand, at least, the first year's
annual minimum guarantee, whatever that is...
Mayor Suarez: OK.
y Commissioner Plummer: ...upfront, before they take possession. _
Mayor Suarez: All right.
Commissioner Plummer: So I will not be...
Mayor Suarez: That would be roughly three hundred and fifty thousand dollars -
minimum...
Commissioner Plummer: If that is it. Yes, sir.
Mayor Suarez: ...up front. All right.
Commissioner Plummer: So when they take possession I will not lose the two
hundred thousand.
Mayor Suarez: That is not really a very, very burdensome requirement, because =
when you go into property, you typically need at least one year's, or one
term's upfront rent, if you look at this on a one year basis. Anyhow, you are
y' recommending a million dollars.
Mr. Bunnell: Well, we were recommending a million dollar bond or letter of
credit to guarantee the financial performance, not just the building
_j performance of the general contractor.
Mayor Suarez: But actually the ability to pay on a monthly basis. The
— ability to pay on a yearly basis. The ability to build the improvements, et
t cetera.
i Mr. Bunnell: Yes.
Mayor Suarez: A million dollars compared to a million and a half that we had
two generations ago, in this particular contract, doesn't sound to bad to me.
All right, what else?
231 July 16, 1992
__F
Mr. Bunnell: Reference on legal requirements so that they said the RFP
indicates that the proposer or the operator of this facility will not have the
exclusive right to sell fuel on that property. It will be a nonexclusive
right. We feel that that should be exclusive to sell fuel on that property, _-
and no one else should be allowed to sell fuel.
Mayor Suarez: I think the reason we were mentioning nonexclusive is that we
meant that 1t wouldn't be nonexclusive in the entire area of Dinner Key,
Waterfront, et cetera. Not just for that site. In that site he is the only
one, obviously.
Mr. Bunnell: If that what it means, OK,...
Mayor Suarez: I believe so.
Mr. Bunnell: ...but I don't think...
Commissioner Plummer: I didn't understand that.
Mr. Bunnell: It is not the way we read it.
Mayor Suarez: He thought that the nonexclusive right meant that there would
be other people dispensing gasoline out of the same site. Obviously not, we
are talking about just this one. All right.
Mr. Bunnell: OK. I understand.
Mr. Bailey: Can't do that.
Mr. Bunnell: It is not the way it read to us, that is all.
Mayor Suarez: OK.
Mr. Bunnell: The reference with respect to the permitting we felt that it, on
the Waterfront Board, knowing the problems with permitting, and what is going
on with permitting right now, would behoove the City to, hopefully, start on
the permitting immediately, since they do own the property and they are going
to be responsible for the environmental permitting, and the permitting of the
slips...
Mayor Suarez: How about that, Herb? How about the possibility that we would
begin the environmental applications and permitting as soon as we approve this
today?
Mr. Bailey: Well, that is a cost that I don't think we have.
Mayor Suarez: Why? Is there a filing fee, or just the technical...
Mr. Bailey: Well, there is a professional fee to get the permitting done.
And environmental...
I Mayor Suarez: It is a tough calculation, Mr. Manager. If we don't begin it
earlier, you know, it kind of gets delayed, we had problems of contamination
-1
I
i
l
232 July 16, 1992
before, I don't know, I mean it is... That is a very good recommendation.
They have to decide that. We can't, as a matter of policy tell them which way
to go on that. It is hard for us to tell.
Mr. Bailey: Permitting 1s part of the development. We don't know what is
going to be there.
Mayor Suarez: Exactly.
Mr. Bailey: I cannot permit something that I don't know...
Mr. Bunnell: Let me just say this. I am involved with permitting everyday
with the agencies, DERM (Department of Environmental Resources Management) and
such. It would all...
Mayor Suarez: Can we have your pro bono help on this? _
Mr. Bunnell: Yes, you could.
Mayor Suarez: Very good.
Mr. Bunnell: It is also... It also would be... We would recommend that it
be... all the expenses of this permitting be extracted from the successful
developer.
Mayor Suarez: Recouped.
Mr. Bunnell: Reimbursed. All this...
Mayor Suarez: To the... If...
Commissioner Plummer: Well, I am assuming that the RFP contains an all
expenses relating to the preparation and delivery of an award that the
recipient...
Mr. Bunnell: Yes, it does.
Commissioner Plummer: ...the person that gets the award, as I recall, is
what, a hundred thousand dollars in the last one?
Mr. Bailey: A hundred thousand dollars deposit.
Commissioner Plummer: No. That was to reimburse the City for the auditors,
and the time involved, and the proposals.
Mr. Bailey: I understand. Well, maybe I didn't understand your question.
Commissioner Plummer: Well, excuse me, wasn't it a hundred thousand before?
Mr. Bailey: It is a hundred thousand dollars.
Commissioner Plummer: I am assuming that that is going to be in this RFP.
Mr. Bunnell: That is in the RFP.
233 July 16, 1992
Lj
Commissioner Plummer: OK.
Mr. Bunnell: This is just a... It would be our intent to have any of the
expenses on this early permitting process be absorbed by the developer, but
since the City is the owner of the bay bottom, and the upland, they are,
really... The State and the agencies do look to the City to make these
applications, and to pursue them, even if they wait until after the developer
1s on board.
Mayor Suarez: I would not impose that on the Administration myself, but I
don't know how the rest of the Commission feels, but I would defer to their
judgment on that. What you are suggesting might make sense. Go ahead.
Certainly if they do get into permitting it should be able to be recouped.
The cost should be able to be recouped from the applicants, from the
successful bidder.
Mr. Bailey: There is always the chance...
Mr. Odio: Mr. Mayor, the problem with the permit... I have no... I think it
is a good idea if we could expedite that.
Commissioner Plummer: But who is doing...
Mr. Odio: But we don't know what they are going to build there.
Commissioner Plummer: Who is the applicant for the permits? We or them?
Mr. Bunnell: The applicant will...
Mayor Suarez: To the extent that it can be done, we defer to your judgment on
that. Maybe there is a way to describe it generally, I don't know. All
right.
Mr. Bunnell: Could I respond to that? There are five...
Mayor Suarez: Why do you need to respond to that? I am telling you we are
inclined to defer to the Administration on that. I don't have the abiiity
today to tell you I am going to impose on them the requirement that they go to
early bidding. I have got many other items...
Mr. Bunnell: No, no, no. I am sorry. I was just referring to the layout.
Mayor Suarez: Please, complete your presentation.
Mr. Bunnell: Just referring to the layout. There is a... In the UDP, it
points out the Grove Key Marina, next store to the boat yard site, has
exclusive right for storage of boats up to 28 feet, and it doesn't... I was
wondering if there is any possibility of indicating to the proposers what is
going to be their rights with respect to boats 28 feet and under, say the
Grove Key Marina 1s full.
Commissioner Plummer: They have...
234 July 16, 1992
Mr. Bunnell: It leaves that open.
Commissioner Plummer: They have no right.
Mr. Bunnell: See, it is a possibility they could have 300 wet slips here, dry
stack, as they did the last time, and I don't see any way to fill 300 dry
stack, which is a good portion of the revenue of this marina, without having
boats under 28 feet.
Commissioner Plummer: Now are you going to break the contract with Grove Key?
Mr. Bunnell: No, I am not talking about breaking the contact. I am talking
about if that marina is full, is there a way that, is there any provision that
can be accommodating?
Mayor Suarez: Any chance that we can get a waiver or modification...
Commissioner Plummer: Oh. Oh.
Mayor Suarez: ...of Grove Key when they have a situation that they are full?
Mr. Bailey: No. What the contract says, and what has been happening in
practice, if Grove Key is full, and there are boats stored on our site, the
person that... Merrill Stevens has to provide a sort of royalty to Grove Key,
I think they have been getting about half the price. We have referred the
lease agreement of Grove Key to the Law Department.
Mayor Suarez: Now much time do they have left on their lease, Grove Key?
Mr. Bailey: I don't know exactly the right amount.
Commissioner Plummer: They got a hell of an extension when they put the new
roof on.
Mr. Bailey: Quite a while. We didn't see that as a problem. It never has
been a problem before.
Mayor Suarez: All right.
Commissioner Plummer: Well, it is not a problem except Grove Key came to me
the other day complaining that they City, in fact, had under 28 foot boats in
=j Merrill Stevens.
Mr. Bailey: Yeah. We know about that complaint. We have been working with
them on that.
Commissioner Plummer: Well, they were complaining about it.
Mr. Bailey: Yeah, yes.
Commissioner Plummer: That you were violating the contract.
Mayor Suarez: It is too bad that we ever got into that kind of a exclusivity
or noncompete arrangement with Grove Key. All right, we will try.
235 July 16, 1992
Mr. Bunnell: In regard to the Review Committee's evaluation criteria of
financial capability. It might be difficult for the staff to come up with
something, but we feel that the financial capability is so important of the
proposer that it really should not be part of the evaluation process on a
percentage basis. Meaning the financial capability being twenty percent
(20%), and so forth, because you could... There could be a scenario where the
proposer could have zero financial capability and still win the proposal. I
mean it would be absurd, but it could happen. The scenario...
Mayor Suarez: Don't they get knocked out of the box if they have zero
financial capability?
Mr. Bailey: We find someone who... If we have other proposers and eighty
percent (80%) wins, we would have a sorry bunch of proposals.
Mr. Bunnell: Well, that is true.
Mayor Suarez: Well, of course, we...
Mr. Bailey: I doubt that it would every happen.
Mayor Suarez: In this particular case, the concern is warranted by the fact
that we did, 1n fact, give it to a pretty sorry proposer the last time.
Mr. Bailey: Well, not on paper.
Commissioner Plummer: No, no, no, no.
Mayor Suarez: I mean, as far as financial capability.
Mr. Bailey: On paper he wasn't sorry.
Mayor Suarez: On paper he looked good. I know he voted against...
Commissioner Plummer: You gave it to him.
Mayor Suarez: God knows why he voted against,...
Commissioner Plummer: Not me.
Mayor Suarez: ...but he came out right on that one.
Commissioner Plummer: No, no, no. I did not.
Mayor Suarez: I have no idea what inspired him that day, but he was inspired.
All right. Anything else?
Mr. Bunnell: Well...
Commissioner Plummer: You are not the only... It is not the only one.
Mr. Bunnell: ...we are saying that if the City was to... We are looking the
financial capability of the proposer being such as like if the City was to
develop this, there would be question as to its financial capability...
236 July 16, 1992
Mayor Suarez: We are a little bit more question today than it was yesterday,
but...
Mr. Bunnell: ...to do the project. We are talking about the Grove, as big as
it is... Including the Grove residents. In other words, there would be no...
Mayor Suarez: I don't mean because of that. I mean because of our bond
rating. All right.
Mr. Bunnell: There would be no question as to the capability of the proposer
to complete the project. We are feeling that somehow it might be...
Mayor Suarez: I have a feeling that is the one thing that we are sure to be
careful on this time...
Mr. Bunnell: Yes.
Mayor Suarez: ...after what we went through last time. I mean these people
are going to have to show like major bucks. That is why I would like a
million dollar deposit that you talked about for guarantee of all performance
of everything, development, payment of rent, the whole thing. I would like to
have a million dollars in cash to give somebody that property, or any right to
go in there, and I hope my colleagues support that, because we had that two
generations ago in this contract. It was a million and a half the first time
around, liquid, right up front, in the bank, or in a letter of credit, with
only the condition that we activate it, and we gave that up the second time
around to make it easier for people, and we ended up with a mess.
Commissioner Plummer: That letter of credit was about as good as the leased
Rolls Royce he was driving.
Mayor Suarez: No, no, no. It had to be a letter of credit with only one
condition that we called it at our discretion. It was cash. It was a cash...
In fact, it was a bank deposit. It wasn't even a letter of credit.
Commissioner Plummer: Yeah. But it was funny money.
--. Mayor Suarez: No no, no. Not a letter of credit, believe me. No bank is
going to give you a letter of credit unless they have got the cash up front,
collateral. Yes. Anything else?
Mr. Bunnell: We have talked to the staff about this, and under public notice
- there should be... It might be possible if number one bidder fails, that
number two could be possibly picked up...
Mayor Suarez: Yes.
Mr. Bunnell: ...but I... Staff says that is not possible, so I don't...
Mayor Suarez: Now, you are talking about number one, and then if not, number
two for the next generation of bids that we are putting out. Not the prior
one.
237 July 16, 1992
El
Mr. Bunnell: No. I am talking about for this particular RFP...
Mayor Suarez: Can't we do that this time, Joe, so we don't have the same
problem as before?
Commissioner Plummer: Not once you award it.
Mr. Bailey: UDP... If you select a person who does not perform...
Mayor Suarez: You can't go back to number two.
Mr. Bailey: ...you don't go back to number two. We start all over again.
Mayor Suarez: All right. We would have to change our whole ordinance though.
Mr. Bunnell: OK.
Mayor Suarez: It 1s a bit too much.
Mr. Bunnell: The last point we wanted to make was the one we made before
referencing investment banks, architects, engineers, insurance companies and
so forth involved with the proposer. We felt that extra weight should be
given if they are within the city limits of the City of Miami.
Mayor Suarez: God, we love that one. Yes, yes. What do we have by way of
City of Miami resident preference on this? The five percent (5%) doesn't
apply on this kind of thing, right?
Commissioner Plummer: We can make it apply.
Commissioner Dawkins: Only the total amount of money.
Commissioner. Plummer: Wait a minute. Wait a minute. We can put any
provision in there we want.
Mayor Suarez: Can we give preference to... In... Of course, this assumes we
are going to have a bunch of bidders for this, you know, but to those that bid
In this particular kind of a contract, to people who live in the City of Miami
whose principal partners live in the City of Miami?
Mr. Bailey: Yes, we can do that, but I don't think that was his question. He
wanted to know if we could give preference to those who are using resources
that are in the City of Miami?
Mr. Bunnell: Well, no, that was one of them.
Mayor Suarez: Maybe I had him wrong.
Mr. Bailey: You said banks and insurance companies. We do expect local
bidders.
Mr. Bunnell: Architects, engineers, and so on.
Mr. Bailey: Local participation, we do have a provision in there for that.
238 July 16, 1992
L-1
11
Mayor Suarez: OK.
Mr. Bailey: And it is already included.
Mr. Bunnell: We were referring to any of the professionals, insurance
companies and financial institutions.
Mayor Suarez: You mean as far as the people that are going to be doing the
work there? They are going to be contracting with the developer.
Mr. Bunnell: Yes. Perhaps the general contractor, perhaps the architect, the
engineering firm, the developer himself.
Mayor Suarez: Local nexus of the various parties involved in the bidding. I
like 1t. I don't know if we ought to quantify it, or leave it as subjective
criteria.
Commissioner Plummer: That could be played with. That is the problem.
Mayor Suarez: All right. You want to leave it as subjective criteria under
the UDP process?
Mr. Bailey: I am sorry, Mr. Mayor, I was trying to find that...
Mayor Suarez: Can we just... The idea of local contacts and local origin of
the architects, bankers, et cetera. Leave that as a subjective criteria when
we do the RFP for the UDP?
Commissioner Dawkins: No. OK. Let me ask a question.
Mayor Suarez: Can you make it objective and quantify it and say five percent
(5%), or something like that?
Commissioner Dawkins: Can I ask a question?
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: If a Japanese firm comes in to do the job, you are
going to demand that that Japanese firm take its money out of a Japanese bank
In Japan, and put it in a local bank here? That is what you are saying?
Commissioner Plummer: I didn't hear it. What did you say?
Commissioner Dawkins: I said if a Japanese firm...
Commissioner Plummer: Yeah.
Commissioner Dawkins: ...bid to do the boat yard...
Commissioner Plummer: Right.
Commissioner Dawkins: ...are you saying here now that that Japanese firm
should take its money out of a bank in Japan and deposit 1t here locally?
239 July 16, 1992
Commissioner Plummer: Well, here again, we can make any rule requirement we
want.
Commissioner Dawkins: OK. But that Japanese bank will tell you, "No, thank
YOU."_
Commissioner Plummer: This is an RFP, it is a request for proposals. If we
put that in the RFP then that is what they have to comply with.
Mayor Suarez: OK. Commissioners, what is your pleasure on this? Do you want
to give like a five percent (5%) preference to those that have local...
Commissioner Plummer: No. I think his concern is valid. OK? —
Mayor Suarez: That is what I am dealing with.
Commissioner Plummer: That any...
Mayor Suarez: If it is a Japanese financing agent versus a local one, maybe
they have to come and give us five percent (5%) better deal.
Commissioner Plummer: I think...
Mayor Suarez: That is what we have done with other contracts of the City, or
do you want to leave it as a subjective one?
Commissioner Plummer: I would like to see wording that says that any monies
required by the RFP shall be deposited in a bank within the city limits of the
City of Miami. OK?
Mayor Suarez: All right. As to any part of the RFP that has to do with the
bank deposit, it should be in a bank within the city limits of the City of
Miami.
Commissioner Plummer: That surely spells it...
Mr. Bailey: Without any bonus preferences, that is just a requirement of the
RFP. We can do that.
Mayor Suarez: OK.
Commissioner Plummer: Sure.
Mr. Bailey: It doesn't necessarily give anybody any bonus points. We have
already...
Mayor Suarez: Right.
Mr. Bailey: ...structured the percentage. OK.
Mayor Suarez: That would make it an absolute requirement.
Commissioner Plummer: Fine.
240 July 16, 1992
Mayor Suarez: And I don't know if anybody wants to try to satisfy his concern
that at least there would be some priority given to a bidder who has local
architects, local professionals, local bankers, local whatever.
Commissioner Dawkins: Give local... Give brownie points how?
Mr. Bunnell: Well, on your competitive bidding on contracts for construction =_
jobs, you have a ten percent (10%).
Commissioner Plummer: You talk about Copperfield...
Mr. Bunnell: I believe you have ability to give...
Commissioner Plummer: The debt provision is...
Mr. Bunnell: a project to a second bidder...
Commissioner Plummer: Today they buy from Food Fair to get the thing, and
then they go to Jacksonville.
Mr. Bunnell: ...or to a ten percent (10%) higher bidder if their
establishment is within the city limits of the City of Miami, and they are —
going to give you the same product. We are not saying that the evaluation
process will work itself out, just that some weight, if you got two even
proposers...
Commissioner Plummer: Yeah.
Mr. Bunnell: ...and one of them...
Commissioner Plummer: They will do it at the time of the proposal, and then
they will never do it again.
Mr. Bunnell: ...has City of Miami ties, we think it would be important to
give him some consideration.
Commissioner Dawkins: If they are even...
Mr. Bunnell: Oh, absolutely, we are not...
Commissioner Dawkins: But...
Mr. Bunnell: We are only talking about this being evaluated along with the
other evaluation process.
Commissioner Plummer: Yeah. But how... Look, you know, you talk about
voodoo. They will do it to get the contract. Once they get the contract,
boy, they won't buy another damn thing in the City of Miami, or anywhere near
here.
Mayor Suarez: Commissioner Plummer, Commissioner Dawkins, do you want to try
this? Do you want to ask the Manager and City Attorney...
241 July 16, 1992
Commissioner Plummer: I would love to see it.
Commissioner Dawkins: Are we the only three?
Mayor Suarez: ...to give it form, or...
Commissioner Plummer: No. He is up there.
Mayor Suarez: ...or do you not want to give this weight? If not we are going
to go on to the next agenda. That is the completion...
Commissioner Plummer: Victor is the one with the burgundy tie.
Mayor Suarez: OK. Do you want to try to make it subjective? Do you want to
try to make it a factor, or do you want to make it an absolute requirement in
the case of the money to be invested? ff
Commissioner Plummer: If it 1s humanly possible, speaking for one, that we
can bind them into using City people for buying, and give them brownie points -
for it, I think that is great.
Mayor Suarez: All right.
Commissioner Plummer: Hey, keep our money at home.
Mayor Suarez: So moved in very generic ways, Mr. Manager, Mr. City Attorney,
you are going to give that motion form. Is it so vague that you cannot?
Mr. Bailey: We can do that. I just have one question. We have six
categories. Would it have to apply to all six categories, or any one of the
six.
Mayor Suarez: You know, that is beautiful around here when we ask questions,
and we get questions back.
Mr. Bailey:
Well, I
just want
to
make sure, because I don't want...
Mayor Suarez:
Yeah.
I know.
I
know.
Mr. Bailey: ...bring it back wrong. I am going to get the same grief if I
bring...
Mayor Suarez: And I am hoping that you make a suggestion, Herb, so we can get
out of this.
Mr. Bailey: I would just give them five bonus points and make the score one
hundred and five.
Mayor Suarez: All right. I like it. Five bonus points.
Mr. Bailey:. Five bonus points overall.
Mayor Suarez: Please, somebody move five bonus points for local...
Commissioner Plummer: Bingo.
242 July 16, 1992
Mayor Suarez: Moved. Commissioner Dawkins seconds.
Commissioner Dawkins: No, I don't.
Mayor Suarez: Commissioner De Yurre seconds. See that is good enough. To
give local preference a total of five bonus points for local participation.
All the other norms related to that to be work out by you, obviously, in the
preference evaluation. Anyone want to add a motion having to do with the —
deposit? You wanted a minimum of one year.
Commissioner Dawkins: Let's move one motion at a time.
Commissioner Plummer: You can't.
Mayor Suarez: We can put them all together. [INAUDIBLE RESPONSE NOT ENTERED
INTO THE PUBLIC RECORD] OK. Minimum what?
Commissioner Plummer: A minimum of what?
Mayor Suarez: Up front deposit in cash.
Commissioner Plummer: The minimum annual guarantee? [INAUDIBLE RESPONSE NOT
ENTERED INTO THE PUBLIC RECORD]
Mayor Suarez: Three hundred and fifty thousand dollars. So moved. You want
to second that? The motion is that we approve this RFP, all right, with
modifications that will require a deposit of at least one year's rent. He
doesn't want to call it rent. One year's payment, $350,000, that is, also,
that we give five bonus points, or preference points to those who have local
residency for their group. So, I won't try to define it any further than
that. Yes.
Mr. Bailey: Mr. Mayor, could I make that six so it would be one point for
each category,...
Mayor Suarez: Six bonus points.
Mr. Bailey: ...instead of five?Yeah. So we can give one per category.
Mayor Suarez: Very good.
Mr. Bailey: Thank you.
Mayor Suarez: And anything else? Anyone else want to make anything into the
motion or else...
Commissioner Plummer: Yeah. Let's talk about the most important factor that
hasn't been talked about. The thing that really killed the deal before. The
hazardous underground, as is, condition of the property. I won't tell you
anybody that bids on this thing is a damn fool.
Mayor Suarez: They mention the environmental permits. They suggested the
City begin the application process now,...
243 July 16, 1992
o-
Commissioner Plummer: Wait a minute. Wait. Whoa. Whoa. Whoa.
Mr. Odio: Commissioner. Whoa. Whoa.
Mayor Suarez: ...at our cost, to be recovered later...
Commissioner Plummer: Is it in the...
Mayor Suarez: ...and the City Manager, and the Assistant City Manager are
resisting that. Now what do you want to do?
Mr. Odio: No, no, no.
Commissioner Plummer: Is there... Is it in there that they are accepting the
property as is?
Mr. Odio: Well, let me just clarify something...
City Attorney Jones: They can't accept it as it is because we would still be
liable anyway.
Mr. Odio: We are stilt liable.
Mayor Suarez: It doesn't solve anything. We can't give them the property as
it is. We can't keep it as it is.
Commissioner Plummer: Have we filed law suit against the... According to
State Law, or Federal Law?
Mayor Suarez: Anyone else that was in the chain of title we can sue.
Commissioner Plummer: I thought we instructed the City Attorney's office,
since we had the right to file against the person who committed the problem,
to file a lawsuit, and we instructed the City Attorney's office to file a
lawsuit. Has it been done?
City Attorney Jones: No. It hasn't been done because it is not as simple as
you think it is to identify who is responsible for it.
Commissioner Plummer: And are you actively working on trying to identify who
is responsible?
City Attorney Jones: No, because I advised you, at the time you instructed
me, that I did not have the expertise in the office to do that. It is a very
specialized area of work.
Mayor.Suarsz: Counselor, remember...
Mr. Bailey: May I...
Mayor Suarez: ...that I also offered you...
244 July 16, 1992
t
City Attorney Jones: And I did call the individual who you suggested who
never returned my call after several attempts.
Mayor Suarez: He wanted all kinds of money?
Mr. Bailey: Yeah. May I make a...
Commissioner Plummer: And that was about six or seven months ago, and I don't
think I ever heard back that this was rejected, and for six months nothing has
been done,...
Mr. Bailey: Commissioner.
Commissioner Plummer: ...we have lost all kinds of revenue, and we are
nowhere.
Mr. Bailey: We have not determined the extent of the toxic pollution. We
removed the underground tanks, as required by law.
Commissioner Plummer: Yes, sir.
Mr. Bailey: There has not been a study to determine...
Commissioner Plummer: As it stands today, could the lucky person, ahl, lucky
person, go and get a permit to sell fuel?
Mr. Bailey: Yes.
Commissioner Plummer: I thought the DERM (Department of Environmental
Research Management) said that there could be no fuel sold on that property
until that matter was completely cleaned up.
Mr. Bailey: That was regarding the waste from the fuel tanks.
Commissioner Plummer: I am sorry.
Mr. Bailey: Not regarding the toxic waste underground.
Commissioner Plummer: Is there not hazardous waste in the ground?
Mr. Bailey: We don't know yet. That was just something that was a
contingency.
Commissioner Plummer: But as long as there is, they can't get a permit to do
fuel, right.
Mr. Bailey: Well, to determine the extent of toxic pollution underground we
would have to have testing done.
Commissioner Plummer: And you are thinking that somebody is going to bid on
that, not knowing what is underground that has to be cleaned up, and who 1s
going to pay for it, when it is going to be done so they can sell fuel, and
when they can start making improvements, because you can't do that until you
get all of that cleared up.
245 July 16, 1992
v�
—moo
Mayor Suarez: The a...
Mr. Bailey: We don't believe there is that much under there. The last —
proposer went through an extensive... —
Mayor Suarez: Environmental audit.
Mr. Bailey: Yeah.
Mayor Suarez: They had suggested that the City began all that permitting, and
that we try to recover the cost of it from the successful bidder. So far the -
City, apparently, is concerned about incurring that expenditure.
Commissioner Plummer: Obviously, the City has done nothing. Nothing. G
Mayor Suarez: They are afraid of spending the money for the environmental —
audit. -
Mr. Odio: Clean out the tank.
Mayor Suarez: We don't have anybody on staff that can do it. Yes, Richard.
Mr. Bunnell: Mr. Mayor,...
Commissioner Plummer: Nobody is going to...
Mr. Bunnell: ...Commissioner Plummer, we have had Dade County DERM come in
front of us about three or four times in the last six months. They have
indicated that the tank cleanup 1s complete to their satisfaction, that the
rest of the environment audit on the property is expected by DERM not to be
substantial. Your RFP indicates that any money spent on the environmental
cleanup of the balance of the property will be paid for by the successful
developer and abated, some way abated, as reimbursed to him as abatement of
rent.
Commissioner Plummer: Do you have any of that in writing?
Mr. Bunnell: That is in the RFP.
Mayor Suarez: That is in the RFP.
Commissioner Plummer: Do you have any of that from DERM in writing?
Mr. Bunnell: DERM would have already given the City Public Works Department
their evaluation.
Commissioner Plummer: Does the City have any of that in writing?
Mr. Jim Kay: I am sorry. I missed... The tanks have been removed and the...
Mayor Suarez: Apparently there has been an indicating by DERM, Jim, but the
Commissioner asking if it has been in writing, or just verbal, to the effect
that having removed the tanks that there is only insubstantial toxic pollution
over there?
246 July 16, 1992
Mr. Kay: That assessment report has yet to be finished. It is an ongoing
thing right now. The tanks were removed, quickly removed, and a...
Mayor Suarez: Is there anything in writing that tells us, that is his
question, that whatever environmental cleanup has to be done is not
substantial? The answer is there is nothing in writing at this point like
that.
Mr. Kay: At this point, no.
Mayor Suarez: Is there something verbal that they think, that their opinion
is as stated by the Vice Chairman of the Waterfront Board?
Mr. Kay: There is a verbal that there does not appear to be a serious problem
at this time.
Mayor Suarez: But it is a verbal statement?
Mr. Kay: Right.
Mayor Suarez: There is nothing in writing, J.L. All right. Commissioners,
on the rest of this, I will entertain a motion, or do we have a motion? We do
have a motion.
Commissioner De Yurre: Mr. Mayor, If I may.
Vice Mayor Alonso: Could you restate the motion so I know?
Mayor Suarez: Yes. We are going to... I just want to make sure we have a
motion. I think we do.
Commissioner De Yurre: Before we get into the motion. Understanding the
economic situation that we face today, which is certainly worse than it was a
couple of years when we went through this process. You know, it gets to the
point and time that - is an RFP the way to go? - or maybe just putting out an
invitation for proposals of what they would like to do. To have an idea if
there is anybody interested out there at all, with doing anything.
Mr. Odio: That is what we are doing, Commissioner. This is a UDP. This is
an invitation.
Mayor Suarez: OK. We are not incurring, at this point, the expenditure of a
CPA and a bunch of other things.
Mr. Odio: No. Not now.
Mayor Suarez: No.
Mr. Bailey: You are authorizing us to go through the process which does
include the selection...
Mayor Suarez: To elicit interest and see what interest there is out there?
247 July 16, 1992
Mr. Odio: Yeah.
Mr. Bailey: Yes. We are going out and seeing what is out there.
Commissioner De Yurre: And the alternative...
Commissioner Plummer: Just for the record, Victor, if I may. Mr. Manager,
what are you making now from the City operation, just bare bones?
Mr. Odio: The last time I looked it was about fifteen thousand dollars a
month.
Commissioner Plummer: And what do you anticipate the City could make if we
were to go into this in a full fashion, and try to do it in a right way,
without going into millions of dollars of investment? Did you not anticipate
you could do how much return a month?
Mr. Odio: I have the numbers back there. With the fuel sales it could be...
OK.
Commissioner Plummer: Give me just... Give me a round number.
Mr. Odio: Well, the first year 193, three hundred and six thousand dollars.
Commissioner Plummer: OK.
Commissioner De Yurre: Nine three what?
Mr. Odio: We would make about three hundred thousand.
Commissioner De Yurre: Three hundred.
Commissioner Plummer: First year. OK?
Mr. Odio: First Year.
Commissioner Plummer: See, the point I am trying to make, and I am voting
against going out with the RFP, and the reason for it, I think to go out, as
you just stated, in times that are very very bad, and bind ourselves for what
you might do today for twenty years I think is ridiculous. I would much
prefer to go out...
Commissioner De Yurre: What is the investment that we would have to make for
this?
Commissioner Plummer: ...when, hopefully, the economy is better, and get a
better rate for twenty years, than go out today and get a minimal rate for
twenty years.
Mr. Odio: Well.
Commissioner Plummer: We are having right now...
248
July 16, 1992
Mr. Odio: Yeah. But, but, but... May I finish something, please? You asked
me about the revenue, you didn't ask me how much money we have to put in.
Commissioner Plummer: I said without spending millions of dollars.
Mr. Odio: We need to spend... You need to spend a minimum of three million
dollars in that property.
Mr. Bailey: The property is severely deteriorated.
Mr. Odio: It is. It is. I have walked it up...
Mr. Bailey: We have slides to show you, if you would like to see it. You are
going to have to spend...
Commissioner Plummer: Herb, I am just concerned about going out and trying to
sell a product when the economy is horrible.
Commissioner De Yurre: So do we... Are we talking about a situation were
in...
Commissioner Plummer: And you are going to find yourself...
Commissioner De Yurre: You are talking about a three million dollar
investment to get three hundred thousand a year back.
Commissioner Plummer: It is a ten percent (10%) return, ain't bad.
Commissioner De Yurre: For twenty years.
Mr. Bailey: It 1s a long time.
Commissioner De Yurre: So you bond it out.
Commissioner Plummer: No, no, no. Excuse me.
Commissioner De Yurre: What?
Commissioner Plummer: That was not my intent. It was not my intent for the
City to operate it for twenty years. Hopefully, the economy is going to get
better, and in three or four years...
Commissioner Dawkins: As soon as we change Presidents, it will get better.
Commissioner Plummer: ...the economy will make a turn around.
Commissioner De Yurre: I am talking about,...
Commissioner Plummer: Whenever.
Commissioner De Yurre: ...you know, bonding, revenue bonds.
Commissioner Plummer: Then go out with your RFP and try to get a much better
and higher return. I can assure you, and I am no economist, we will not get
249 July 16, 1992
anywhere near an RFP return bid this time, compared to what we had before. No
way.
Commissioner De Yurre: Well,...
Commissioner Plummer: No way.
Commissioner De Yurre: ...J.L., since we are asking for... inviting people to
come in with ideas, why don't we go along and create our own idea to compare
with whatever comes in? If our idea is something that is more palatable than
what is proposed...
Mr. Odio: You know...
Commissioner De Yurre: If we have the... We can get revenue bonds...
Mr. Odio: We can get it.
Mr. Bailey: I don't know what are capacity is.
Commissioner De Yurre: ...to take care of that.
Mr. Odio: We can benefit from the Sunshine Pool at a low interest. What I
see that... needs there immediately is the docks in the marina, they need
redone immediately, that needs to be done. The a... And I would do to the
hangar what they did next door that we paid for...
Commissioner Plummer: The roof.
Mr. Odio: It is just reskin it, and that is all you need there, and...
Commissioner De Yurre: Well, let me say enough, if anybody else is in
agreement with this. I got know problem going out with this, but at the same
time I would like to see ourselves develop a plan that we can compare.
Commissioner Plummer: Victor, I asked for that six months ago. OK?
Commissioner De Yurre: And did you get it?
Commissioner Plummer: And they got a portion of it right here now.
Commissioner De Yurre: OK. Where is the rest?
Commissioner Plummer: Yeah.
Mr. Odio: We sent it to you on June Bth.
Commissioner Plummer: No. I have a copy of* It but it is not complete.
Mr. Bailey: I would like to suggest to you, that anybody responding to this
proposal, it is going to cost them a considerable amount to do that. Seventy-
five to a hundred thousand dollars minimum to come in with something to be
competitive, and once we go through that process it is a matter of the
integrity of the system. We have gone through this once before, and we hope
that we will still get people that will come in and bid.
250 July 16, 1992
Commissioner Plummer: Well, you see, Victor, let me tell you. I have one
serious problem, and I am just going to put it on the record, because I am
voting against the RFP.
Mayor Suarez: All right. We got one vote against the RFP.
Commissioner Plummer: My serious problem is the appraisal. I don't
understand how here...
Mr. Odio: Wait. Mr. Mayor...
Commissioner Plummer: ...we can appraise waterfront property at three million
dollars for eleven acres, yet downtown FEC property, which was never
beautiful, it was always bad, the City of Miami paid a million dollars an
acre. OK? But now, for whatever reason, gorgeous waterfront property, down
here, has been appraised at three million dollars.
Mr. Bailey: It is based on the use, Commissioner.
Commissioner Plummer: Sir, based on the use my red nose. OK?
Mayor Suarez: OK. Now, the City Manager proposes to make... To solve that
dilemma by having the City bid. If the City bids, and we win, we are right
back where we are right now, with no money to make the improvements, and no
assurance that we are going to get $350,000 a year. So the reason that we are
at this juncture is, we think it might make sense to tell the whole world, if
you give us $350,000, which you think people are not going to be able to do at
the beginning, and you think the economy is not going to support, and if you
invest the minimum of whatever it is; I think a million and a half dollars, et
cetera, in improvements, maybe we will find somebody who will want to do it.
I have a feeling we will. Ladies and gentlemen, Commissioners, we have to
vote on this, and 1f we then want to bid, we can try to bid, I am going to...
City Attorney Jones: No, no, no. Mr. Mayor, let me correct you because...
Mayor Suarez: We cannot do that, can we?
City Attorney Jones: The UDP process...
Mayor Suarez: Right. It does not envision us bidding. Good.
City Attorney Jones: ...is for private person...
Mayor Suarez: Thank you.
City Attorney Jones: ...I mean private entities.
Mayor Suarez: No, I really don't want us to bid. I was just going...
Mr. Odio: No.
Mayor Suarez: ..through the intellectual exercise because I saw that we were
getting nowhere. Now, Commissioners, we have to make a decision on this, we
251 July 16, 1992
have argued about it, we have talked about it, let us hope the economy will
support some people bidding, and let us hope that they will be able to at
least pay us $350,000 a year, minimum guarantee, and have three hundred
thousand up front as suggested, because for me to vote for this I would like
to have at least one years worth of rent, and, Commissioner De Yurre, and Vice
Mayor Alonso, we discussed a six point preference for local participation in
the bidding, and, of course, the environmental cleanup should be begun, at
least the permitting process, as quickly as possible by the Administration
without spending to much money, to the extent that that makes any sense, maybe
Rich will help here, and all of the permitting costs will be picked up from
the successful bidder. OK. With those modifications, and provisos, and
clarifications, will somebody move this item?
Commissioner De Yurre: I will move it.
Mayor Suarez: Moved. Do we have a second on the item? I will second it,
Vice Mayor. We can, hopefully, get out of here.
Vice Mayor Alonso: Any further discussion? Roll call, please.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-48B
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
ISSUANCE OF A REQUEST FOR PROPOSALS ON AUGUST 7, 1992,
IN SUBSTANTIALLY THE ATTACHED FORM, FOR A UNIFIED
DEVELOPMENT PROJECT CONSISTING OF THE DEVELOPMENT OF A
FULL -SERVICE BOAT YARD FACILITY, MARINA, AND OPTIONAL
ANCILLARY MARINE -RELATED RETAIL USE ON AN
APPROXIMATELY 10.88 ACRE CITY -OWNED WATERFRONT PARCEL
INCLUDING 6.36 ACRES OF UPLAND AND 4.52 ACRES OF BAY
BOTTOM CONTIGUOUS TO THE UPLAND LOCATED AT 2640 SOUTH
BAYSHORE DRIVE, MIAMI, FLORIDA; SELECTING A CERTIFIED
PUBLIC ACCOUNTING FIRM AND APPOINTING MEMBERS TO A
REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT
FINDINGS TO THE CITY MANAGER AS REQUIRED BY CITY OF
MIAMI CHARTER SECTION 29-1(c) AND CITY OF MIAMI CODE
SECTION 18-52.9.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
252 July 16, 1992
AYES:
NOES:
ABSENT:
D
Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
None.
rl
Mayor Suarez: That is being on the spot.
Mr. Bailey: I am sorry...
Mayor Suarez: OK. No. It passed by a three to two vote, Herb.
Mr. Bailey: I am told I have to give the new dates on the records.
Mayor Suarez: OK. Put on the record the new dates, please.
Vice Mayor Alonso: A new what?
Mr. Bailey: August the ith we will issue the request. The preproposal
submission conference is August 28th. Submission deadline is November the
13th. This is all in 1992. The initial review of the proposals will start
November the 16th. The Review Committee Meeting would be December 4th, and
the final meeting would be December 18th. We... No, I am sorry, we have
another one. Interviews on January the 8th. CPA firm presentation on January
the 15th. Recommendation in February, and we come back to the City Manager in
March with the final recommendation.
Mayor Suarez: Thank you to the Waterfront Board and please work with us...
Vice Mayor Alonso: March?
Commissioner Plummer: That is what you call expedited.
Mayor Suarez: ...on guaranteeing financial ability to perform, and anything
else that concerns you. Help us with the environmental issue too, please.
Commissioner Plummer: That is what you call expedited, right.
Mr. Bunnell: We sincerely appreciate your cooperation and indulgence.
Mayor Suarez: Thank you.
Mr. Bunnell: Thank you very much.
253 July 16, 1992
----------------------------------------------------------------------------
27. WAIVE CITY CODE PROHIBITION (SECTION 2-302) TO PERMIT ARLINGTON L. AND
LILLIE L. DEAN (PARENTS OF CITY LAW DEPARTMENT EMPLOYEE) TO PARTICIPATE
IN CITY'S CDBG ASSISTED SINGLE FAMILY REHABILITATION LOAN PROGRAM.
------------------------------------------------------------------------------
Mayor Suarez: Forty-three.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Commissioner Plummer: Forty-three.
Mayor Suarez: Item forty-three has been moved. Seconded. Any discussion?
If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-489
A RESOLUTION WAIVING BY A 415THS AFFIRMATIVE VOTE OF
THE MEMBERS OF THE CITY COMMISSION AFTER A DULY
ADVERTISED PUBLIC HEARING, THE REQUIREMENTS AND
PROHIBITION CONTAINED IN CITY CODE SECTION 2-302, THAT
IT IS IN THE BEST INTEREST OF THE CITY TO PERMIT
ARLINGTON L. AND LILLIE. DEAN, PARENTS OF A CITY OF
MIAMI LAW DEPARTMENT EMPLOYEE, TO PARTICIPATE IN THE
CITY'S CDBG ASSISTED SINGLE FAMILY REHABILITATION LOAN
PROGRAM ADMINISTERED BY THE DEPARTMENT OF DEVELOPMENT
AND HOUSING CONSERVATION THROUGH THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM OF THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT.
(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.
254 July 16, 1992
U
28. (Continued Discussion) EXECUTE AGREEMENT WITH LEISURE MANAGEMENT MIAMI,
INC. (LMM) TO OPERATE / MANAGE CITY OF MIAMI JAMES L. KNIGHT CONVENTION
CENTER AT INITIAL ANNUAL COST OF $120,000 (October 1, 1992 - September
30, 1997) (See label 10).
Vice Mayor Alonso: Mr. Mayor, I would like to bring back item 10. It has been called to my attention that it is going to create serious problems for
the company that has to start an operation October 1st, and for appropriate
transition, and for the benefit of the City I would like to bring back item 10
for consideration, and I move for approval.
Mayor Suarez: So moved on item 10.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-490
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH LEISURE MANAGEMENT MIAMI, INC.
("LMM"), TO OPERATE AND MANAGE THE CITY OF MIAMI JAMES
L. KNIGHT CONVENTION CENTER ("CENTER"). COMMENCING
OCTOBER 1, 1992 AND TERMINATING ON SEPTEMBER 30, 1997,
WITH AN OPTIONAL FIVE (5) YEAR RENEWAL TERM, AT AN
INITIAL ANNUAL COST OF $120,000.00; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES OPERATING 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 De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
255 July 16, 1992
------------------------------------------------------------------------------
29. (A) DENY PROPOSED INCREASE ($25,000) IN CONTRACT WITH URBAN
CONSTRUCTORS, INC. -- FOR CURTIS PARK REDEVELOPMENT - FIELDWORK
PROJECT (SECOND BIDDING) B-2983-H (CIP 331353).
(B) DIRECT MANAGER NOT TO PAY URBAN CONSTRUCTORS, INC. FOR WORK
PERFORMED IN CONNECTION WITH CURTIS PARK REDEVELOPMENT -
FIELDWORK PROJECT UNTIL CITY HAS RECEIVED ASSURANCE THAT ALL
SUBCONTRACTORS HAVE BEEN PAID AND THAT COMPLETED WORK IS
SATISFACTORY. (See label 38) —
------------------------------------------------------------------------------
Mayor Suarez: Item 44.
Commissioner Plummer: I move to deny.
Commissioner Dawkins: OK.
Vice Mayor Alonso: I second.
Mayor Suarez: Moved and seconded. Any discussion of 44?
Commissioner De Yurre: What item is this?
Mayor Suarez: Item 44 has been moved to deny.
Vice Mayor Alonso: Moved and seconded.
Commissioner Dawkins: Forty-four moved to deny?
Commissioner Plummer: Yes, sir.
Vice Mayor Alonso: Yes.
Commissioner Plummer: This is the company that has stuck every subcontractor
they have got.
Mr. Cesar Odio (City Manager): Well, wait. Excuse me, Mr. Commissioner. Can
you pass it and we won't pay him until he solves that problem?
Commissioner Plummer: No. No. I am not going to give him a dime.
Mr. Odio: OK.
Commissioner Plummer: They have proven to me that they are not worth a damn.
Mr. Odio: But they cannot pay if they don't have any money. You give them
the money. We hold the money.
Commissioner Plummer: No, no. I will vote to let you give the money to the
individual subs. That way I am guaranteed the subs are paid.
256 July 16, 1992
Mr. Odio: Wel1... You cannot... I cannot do that, legally, but I can hold
the money and...
Commissioner Dawkins: Well, don't do nothing illegal.
Commissioner Plummer: Excuse me this is not...
Mr. Wally Lee (Assistant City Manager): Commissioner, may I make...
Commissioner Plummer: ...for that.
Mr. Lee: May I make a comment?
Commissioner Plummer: Mr. Manager, this is for an extension of that
contract...
Mr. Odio: I agree with you.
Commissioner Plummer: ...to give these people more money.
Mr. Odio: I agree...
Commissioner Plummer: I ain't about to give them any more money.
Mr. Odio: I am agreeing with you, but if you don't...
Mayor Suarez: Mr. Manager, Please. Commissioner Plummer just suggested
something that is so logical, that it is...
Mr. Odio: He says... He says don't...
Mayor Suarez: ...incorporated in the Mechanic's Lien law. Now is there no
way that we can complete this project by paying directly to the subcontractors
by giving a notice of...
Mr. Odio: Can I do it?
Mayor Suarez: ...abandonment, because the contractor has not complied?
City Attorney Jones: There is really... There is no privity of contract
between the City and the subcontractor.
Mayor Suarez: Would you please have the... your legal staff check on the
Mechanic's Lien Law to see if we cannot give a notice of abandonment, and
begin to pay the subcontractors ourselves,...
Mr. Odio: Plummer, I won't give them a penny un... Trust me...
Mayor Suarez: ...and we otherwise table item 44,...
Commissioner Plummer: Why should I reward them and give them more money for
the...?
Mayor Suarez: ...and see if that can be done, Mr. City Attorney.
257 July 16, 1992
Mr. Odio: I won't give them the money.
Mayor Suarez: Mr. Manager, why you going to argue when there is maybe a legal
way to do what he wants?
Mr. Odio: OK.
Mayor Suarez: Please. And that way the subcontractors are not without their
payment, the project is completed, and the contractor, who apparently is
derelict in some ways, from what you are telling us...
Commissioner Plummer: Now...
Commissioner Dawkins: We are taking no action on 44?
Mayor Suarez: Tabling it for the moment, right.
Commissioner Plummer: Now, let me ask a question. Mr. City Attorney, how
does this Commission make sure that we never deal with this company again?
Mayor Suarez: No. I am not ready to make that determination today, and I
think it is...
Commissioner Plummer: OK.
Vice Mayor Alonso: And not only that, we paid this company premium time...
Commissioner Plummer: Oh, sure.
Vice Mayor Alonso: ...overtime in weekend work in order to have a ceremony
that according to the backup was instructed by this Commission. In order to
have a ceremony, we paid $25,000 more to a company? That is absurd. I don't
know how 1n the world... In order to have a celebration we can spend
taxpayers money this way. This is irresponsible, and of course it was
election time, and people wanted to look well, so, therefore, they wanted to
do whatever it takes to have ceremonies of opening the facility, and that is
why we are stuck now with this $25,000.
Commissioner Plummer: It worked.
Vice Mayor Alonso: But this is very irresponsible...
Commissioner De Yurre: The problem... The problem, for the record, that was
done in January of 192. I don't know of any election...
Commissioner Plummer: Well...
Commissioner De Yurre: ...January of '92.
Vice Mayor Alonso: In order to accelerate completion so that a dedication
ceremony as scheduled by the City Commission could be held.
Mayor Suarez: Yeah. But there was no election.
258 July 16, 1992
Vice Mayor Alonso: The contractor was paid, premium time, labor rate for
overtime and weekend work.
Mayor Suarez: And Mr. Manager, let... So that there won't be any
confusion...
Mr. Odio: It was the opening...
Mayor Suarez: ...this Commission does not put the kind of priority on the
celebration...
Mr. Odio: OK. There was...
Mayor Suarez: ...and partying that, maybe, other...
Mr. Odio: That was not the case, Commissioner.
Mayor Suarez: ...Commissions used to, please.
Commissioner Plummer: You know I don't understand.
Mayor Suarez: Well, that is what she is just reading.
Mr. Odio: But let me say what it was. Can I...
Vice Mayor Alonso: Exactly, and that is exactly what happened, Mr. Mayor.
Mr. Odio: Can I explain what it was?
Commissioner Plummer: I don't understand.
Mr. Odio: We had a...
Commissioner Plummer: There is motion on the floor to deny. Anybody can —
speak to the motion, but I haven't heard anybody yet speak to the motion.
�= Mayor Suarez: In view of your concerns,...
Vice Mayor Alonso: Call the roll.
Vim -
Mayor Suarez: ...and in accordance with your desires and your intentions,
Commissioner, I have tabled that to see if there is any way you can pay
directly the subcontractors. You have any problem with that? _
Commissioner Plummer: Are we on the next item?
Mayor Suarez: I was ready to go to it.
Mr. Jim Kay: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: I am...
259 July 16, 1992
Mr. Kay: Mr. Mayor, Mr. Plummer...
Mayor Suarez: Mr. Kay, at your own risk.
Mr. Kay: Yes. There is a way, and we have done this on other projects
before, to pay the subcontractor, and that is you make out a joint check to
the contractor, and to the subcontractor in each case, and then you make your
restitution.
Mr. Odio: On... On the...
Mayor Suarez: And by the way I think that...
Commissioner Plummer: That does nothing.
Mayor Suarez: ...the privity issue is resolved by a notice of commencement
given by the subs, I think, Mr. City Attorney.
City Attorney Jones: Yeah. That is a dangerous practice. The fact that you
did it that way doesn't make it legal.
Mayor Suarez: Well, in the case of a settlement deal that day you told us it
was a good practice to make the check out to two.
City Attorney Jones: Well that is... No, no, no, but that is...
Mayor Suarez: To joint payees...
City Attorney Jones: No, no, no. No, but that is a different...
Mayor Suarez: Now it is not a good practice.
City Attorney Jones: ...story though. That is a completely...
Mayor Suarez: All right. Well, we are tabling the item.
City Attorney Jones: ...different scenario.
Mayor Suarez: You figure out if there is a way that you can recommend to us
that we can somehow pay the subcontractors, because apparently there is...
City Attorney Jones: Well.
Mayor Suarez: ...enough members of this Commission...
Commissioner Plummer: Excuse me.
Mayor Suarez: No?
Commissioner Plummer:
If I understand...
Mayor Suarez: That is not what you intention was?
260 July 16, 1992
Commissioner Plummer: ...the item before us, Mr. Mayor. This item is not to
pay them the initial fee or the subcontractors. This item before us is only
to give them additional monies.
Vice Mayor Alonso: An increase.
Commissioner Plummer: Am I right or wrong?
Mr. Odio: Correct. But we hold the money and pay the subcontractors.
Commissioner Plummer: But tnis has nothing to do with the subs that they =-
stuck.
Mr. Odio: Of course not.
Commissioner Plummer: This is only to get them another... What is the other
twenty-five thousand for?
Mr. Odio: What happened was...
Commissioner Plummer: What is the additional twenty-five...
Mr. Odio: Well, let...
Commissioner Plummer: ...that was not...
Mr. Odio: Can I...
Commissioner Plummer: ...in the initial contract?
Mr. Odio: ...explain?
Commissioner Plummer: Surely.
Mr. Odio: We had... They invited Flo Jo Kursey, the Olympic star, and they
had a huge track meet in there, and they had to finish that track on time...
Commissioner Plummer: Who authorized it? _
Vice Mayor Alonso: This is an after the fact. -
Connissloner Plummer: Who authorized it? We didn't.
Mr. Odio: What, the event? It was sponsored by the City of Miami, and the
Sports Authority.
Commissioner Plumper: We auth... Ahl Well, then let the Sports Authority =
pay it. -
Mr. Odio: Well, what I am saying, Commissioner. You need to pay the subs.
Commissioner Plumper: Let the Sports Authority. They authorized the work.
Let them pay it.
1 261 July 16, 1992
E. -
Vice Mayor Alonso: You inherited a hot potato, Commissioner Dawkins.
Commissioner Plummer: But that was the only reason for the additional twenty-
five thousand. They had authorized it, the work to be done, let them pay it.
Mr. Odio: Fine, do whatever.
Commissioner De Yurre: Well, the problem was they fell behind on schedule,
and that 1s why they had to hurry it up at the end.
Commissioner Plummer: That is not what he said. He said because they had
some big muckity muck track star...
Commissioner De Yurre: No. It was scheduled. They came in for the Miami
Mile, and as part of the Miami Mile event, an event was scheduled at the
Curtis Park to inaugurate the track.
Commissioner Plummer: Sir, who authorized the work?
Commissioner Dawkins: J.L. Plummer.
Commissioner Plummer: I will be damned if I did.
Mr. Odio: You had authorized me, under an... And I wiII show you the
ordinance this morning or after lunch, where you authorized me to go up to two
hundred and fifty thousand dollars on an emergency basis, to spend in that
park, and I never did that. This is the only time we did that, because we
felt we had to have...
Vice Mayor Alonso: Mr. City Manager, this Commission never authorized that
item.
Mr. Odio: ...a good face on: We spend millions...
Commissioner Dawkins: Where you at? What are you going to do table this?
Commissioner Plummer: I call...
Mr. Odio: You spend me... You authorized me up to...
Vice Mayor Alonso: That is why you are here today.
Commissioner Plummer: I call the question.
Mr. Odio: ...two hundred and fifty thousand dollars on emergency basis on
that park.
Commissioner Plummer: I call the question.
Vice Mayor Alonso: We have a motion and a second.
Mayor Suarez: , All right. On item 44 we had a motion and a second. I had
tabled it. We take it off. We put it back on the table, and we have a motion
to deny and a second.
262 July 16, 1992
U
Commissioner Plummer: Yes.
Mayor Suarez: OK. Any discussion on the motion to deny this payment? If
not, please call the roll.
The following motion wa introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-491
A MOTION TO DENY AGENDA ITEM B-44 (PROPOSED RESOLUTION
SEEKING TO AUTHORIZE INCREASE IN CONTRACT AMOUNT WITH
URBAN CONSTRUCTORS, INC. FROM $465,000 TO $490,000 FOR
CURTIS PARK REDEVELOPMENT FIELDWORK PROJECT, ETC.)
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: Commissioner Victor De Yurre
Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: Item 45.
Commissioner Dawkins: What... It is a good.
Mayor Suarez: City Manager to submit an amendment to approve the 18th year
Community Development Block Grant Program...
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: ...final statement to U. S. Department of HUD.
Commissioner Plummer: If I could make just a brief statement.
Vice Mayor Alonso: This is the Miami Dade Community...
Commissioner Plummer: If this contractor would like to be considered, in the
future, for payment, and I am assuming you have not paid him the initial
amount of money. Is that correct? Hello.
Mr. Odio: No. We have not.
Commissioner Plummer: OK. Mr. Mayor, I would like to make another motion,
that this contractor not be paid until such time as we have assurances that
all subcontractors have been paid. I so move.
Vice Mayor Alonso: Second.
263 July 16, 1992
Mayor Suarez., Not be paid in regards to what?
Vice Mayor Alonso: That work that...
Commissioner Plummer; That his contract with the City not be paid until he
brings us proof that he has paid all of the subcontractors.
Vice Mayor Alonso: Exactly, and also that the work done by him is acceptable,
because some of the things at that park are looking really...
Mayor Suarez: All right. So moved.
Vice Mayor Alonso: The finished work...
Mr. Lee: That...
Vice Mayor Alonso: ...leaves much...
Mr. Lee: That is...
Vice Mayor Alonso: ...to be desired.
Mr. Lee: This is correct. Commissioner.
Mayor Suarez: So moved and seconded, please. There is no need to have staff
involvement unless you have any problem with it, Wally, because we can vote
and get on to the next item. Call the roll on that motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-492
A MOTION DIRECTING THE CITY MANAGER NOT TO PAY URBAN
CONSTRUCTORS, INC. FOR WORK PERFORMED IN CONNECTION
WITH CURTIS PARK REDEVELOPMENT -FIELDWORK PROJECT
UNTIL: (a) THE CITY HAS RECEIVED ASSURANCES FROM SAID
CONTRACTOR THAT ALL SUBCONTRACTORS WHO HAVE PERFORMED
SERVICES AT SAID PROJECT HAVE BEEN PAID, AND (b) THAT
THE WORK PERFORMED HAS BEEN COMPLETED IN A
SATISFACTORY MANNER.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: None.
264 July 16, 1992
Aak
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Dawkins, how did you vote?
Commissioner Dawkins: I don't know. I just said let's get out of here.
Commissioner Plummer: Huh?
Commissioner Dawkins: I don't know. I just voted so we can get to the next
item.
Vice Mayor Alonso: It passed.
Commissioner Plummer: Oh.
Mayor Suarez: I haven't heard enough to vote yes. The item is going to pass
in any event, but I vote no.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Alonso: Yeah. It is.
Commissioner Plummer: Can I ask why, Mr. Mayor?
Commissioner Dawkins: Let's go to the next item.
Commissioner Plummer: Why did you vote no, may I ask? Dawkins said he didn't
realize it. Why did you vote no? I am just asking a question.
Commissioner Dawkins: No. I said I voted... It is going to... Let's move
and get to the next item. That is all I said.
Commissioner Plummer: No. Well, the Mayor...
Commissioner Dawkins: I didn't care which way it goes.
Commissioner Plummer: ...has a more serious problem, and maybe I would like
to hear his problem...
Commissioner Dawkins: Oh. Oh, OK.
Commissioner Plummer: ...if he wishes to express it.
Mayor Suarez: No. It is just sort of the implication that we are making a
conclusion as to this contractor without really delving into it. That is all.
And I don't know that any payment...
Commissioner Plummer: Mr. Mayor, did you...
Vice Mayor Alonso: The work leaves much to be desired.
Commissioner Plummer: Excuse me.
265 July 16, 1992
0
Mayor Suarez: No. I have not.
Commissioner Plummer: Did you receive this?
Mayor Suarez: I have not.
Commissioner Plummer: You did not receive this?
Mayor Suarez: I have not had a chance to...
Commissioner Plummer: He has stuck one, two, three, four, five, six companies
with not a dime, and these are the companies here. This is your memo.
Vice Mayor Alonso: This is very serious.
Mr. Odio: But see... But see... You are assuming we didn't do anything. We
are holding over more than fifty thousand dollars. We have not paid him, and
we have the bond company...
Commissioner Plummer: I hope you haven't paid him a dime.
Mr. Odio: ...involved.
Commissioner Dawkins: Well, why give him another twenty-five thousand?
Commissioner Plummer: The landscaping, the irrigation, the fencing, the fill
work, the hauling, paving. All of these people are waiting for their money.
Mr. Odio: We are holding for than fifty thousand dollars, plus the bond.
Commissioner Plummer: Excuse me. Have you paid him any amount of money?
Mr. Odio: Before, yes, but we are holding still about, well, over fifty
thousand dollars, at this time. We have the retainage plus twenty-five
thousand. We are holding over seventy-five thousand dollars.
?' 266 July 16, 1992
—I
is
------------------------------------------------------------------------------
30. (A) AUTHORIZE SUBMISSION OF AMENDMENT TO APPROVED 18TH YEAR CDBG
PROGRAM FINAL STATEMENT TO U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) REFLECTING REALLOCATION OF FUNDS ORIGINALLY
APPROVED TO MIAMI-DADE COMMUNITY COLLEGE -- ALLOCATE $1 MILLION
FOR MIAMI-DADE COMMUNITY COLLEGE.
(B) AUTHORIZE SUBMISSION OF AMENDMENT TO APPROVED 18TH YEAR CDBG
PROGRAM FINAL STATEMENT TO U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) REFLECTING REALLOCATION OF $300,000 FOR HOUSING.
(C) AMEND R-92-461 (WHICH AUTHORIZED ACCEPTANCE OF A HOME INVESTMENT
PARTNERSHIPS PROGRAM GRANT [HOME PROGRAM] FROM U.S. HUD) --
APPROVE HOME PROGRAM GUIDELINES -- REALLOCATE FUNDS FOR: (a)
REHABILITATION OF MULTI -FAMILY UNITS ($1,000,000); (b) MODERATE
MULTI -FAMILY HOUSING REHABILITATION ($816,900); (c) FIRST TIME
HOMEBUYERS FINANCING ASSISTANCE ($700,000); AND (d) FINANCIAL
ASSISTANCE TO COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS
($797,100).
Mayor Suarez: All right. On the item before us, from the staff, before we
get presenters,...
Mr. Odic: Yes.
Mayor Suarez: ...where are we on this? What are we voting on.
Mr. Odic: I will repeat my position on this.
Mayor Suarez: Very quickly, what is before us? We have had many many hears
on CDBG (Community Development Block Grant) funding.
Mr. Odic: The Miami Dade... We have only the money from Miami Dade Community
College.
Commissioner Plummer: Al right. We have the Miami Dade, Mr. Mayor. I
talked with Dr. Padron.
Mayor Suarez: OK. We don't have the CBOs (Community Based Organizations)
before us on this item?
Mr. Odic: No.
Commissioner Plummer: No.
Dr. Joan Lutton: Well... What we are...
Mayor Suarez: OK. Any particular reason why...
Dr. Lutton: OK.
Mr. Odic: It has nothing to do with that.
267 July 16, 1992
Mayor Suarez: ...Dr. Lutton is up at the mike like she...
Dr. Lutton: Because it says reconsider other issues...
Mr. Odio: No.
or. Lutton: ...pertaining to the eighteenth year.
Mr. Odio: It has only to do with the monies that were...
Dr. Lutton: We want you to reconsider the other issue.
Mayor Suarez: OK. On...
Commissioner Plummer: Well you want us to. Yeah.
Mayor Suarez: On item 45 we are not dealing with the CEOs?
Mr. Odio: At all...
Mayor Suarez: OK.
Mr. Odio: It is only the money that was suppose to go to Miami Dade.
Commissioner Plummer: Mr. Mayor, the money in question is the million dollars
that we had asked the Miami Dade Junior College, who came here and requested
those monies, this Commission said to them, go to the County and use it as
leverage and clout...
Mayor Suarez: No, they do.
Commissioner Plummer: ...to try to get matching monies.
Mayor Suarez: No, no. They do.
Commissioner Plummer: OK.
Mayor Suarez: Excuse me, Mr. Manager. They do have an interest because if we
don't give the money to Miami Dade, they want it, I think. No? They don't?
Mr. Robert Godoy, Sr.: Yes. We do. I would like to talk for a moment.
Commissioner Plummer: Excuse me.
Mayor Suarez: You are answering for everybody who is in the general vicinity
of the mike.
Commissioner Plummer: If the money does not go, it goes to the...
Mayor Suarez: All right. Folks, we are not dealing with the CBOs, we are
dealing with... What was the amount to Miami Dade Community College?
Mr. Odio: One million, three, we had here.
268 July 16, 1992
Commissioner Dawkins: No. One million.
Dr. Lutton: All right. You are not going to talk about the CBOs at all.
Commissioner Plummer: No, no. That is what I don't like.
Mayor Suarez: Please, doctor, please.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: We do a lot for Cushman in the northeast without...
Dr. Lutton: I just want to know.
Mayor Suarez: ...you taking over the microphone,...
Mr. Odio: Actually.
Dr. Lutton: OK.
Mayor Suarez: please. I am asking the Manager a question,...
Dr. Lutton:. OK.
Mayor Suarez: ...and it is not one point three million, I am sure it is not.
Mr. Odio: We need to clarify two things.
Commissioner Dawkins: One million only.
-
Mr. Odio: We have a million to Miami Dade, and you had allocated three
hundred thousand dollars for a business incentive program, and we wanted to --
clarify...
Commissioner Dawkins: Business incentive program where? _
—;
Mr. Odio: That was when MCI came here, you remember, they wanted... All of a
sudden three hundred were allocated... Let's see if we have a fund to create =
more businesses.
May Suarez: To be able to do throughout the City, what we tried to do with
MCI in downtown. -
N .
Mr. Odio: Right. That was the intent, and I think that...
Mayor Suarez: But we didn't go beyond that generic allocation. The money.is
still there.
Mr. Odio: The money is still there.
Commissioner Plummer: No. We took it away from DDA (Downtown Development _
Authority) because...
Mr. Odio You have a million three, actually. -
269 July 16, 1992
Mayor Suarez: Right.
_ Commissioner Plummer: ...they were going to put something downtown in an
information booth or something.for three hundred thousand. We took it away
from them,...
Mayor Suarez: I don't think that was the purpose, but...
Commissioner Plummer: ...reserved it unto ourselves, to try, in fact, bring
about more businesses into the downtown as MCI.
Mr. Odio: Actually...
Mayor Suarez: Now, as to the million dollars, and as to the three hundred
thousand.
Mr. Odio: OK. The million... -
Mayor Suarez: What presenters do we have today who have applied for that, and
what have you recommended, Mr. Manager?
Mr. Odio: The million dollars was allocated for Miami Dade College. It has
nothing to do with CEOs, or these other people.
Commissioner Plummer: Nothing.
Mayor Suarez: I believe it has to do with... _
Mr. Odio: We are recommending that you reallocate eight hundred and ninety-
five thousand...
Commissioner Plummer: Now, you are getting ahead of the game, Mr. Mayor.
Mr. Odio: ...to the City's housing program, our own program, and two hundred
and twenty-nine thousand for grant administration, and one hundred and
seventy-five thousand for the City's Code Enforcement Program.
Commissioner Plummer: If Dade Junior doesn't get it, they want to keep it in-
house, and they should.
Mr. Odio: What we are saying with that, we are paying our inspectors with
- this. You take this money away from the City of Miami today, we have to find
this money in general fund which we do not have to replace it.
Mayor Suarez: So what you are recommending is eight ninety-five to the
college, and the rest of it...
-�_ Mr. Odio: No. Eight ninety-five to the housing... The City housing
agency...
— Mayor Suarez: Oh, OK. To the City housing agency, and the rest of the money,
up to one point three, basically, back to the City for different purposes.
270 July 16, 1992
Mr. Odio: Well, for the...
Mayor Suarez: To Administration,... _
Mr. Odio: Well, for to pay the City Code Enforcement...
Mayor Suarez: ...inspectors, et cetera.
Mr. Odio: That is correct.
Mayor Suarez: OK. Let's hear...
Mr. Odio: We... We feel that...
Mayor Suarez: Let's hear from anyone, and any entity who has...
Commissioner Plummer: Mr. Mayor,...
Mayor Suarez: Yes.
Commissioner Plummer: ...may I proceed?
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: I started. Mr. Mayor, as you will recall, we made a
commitment to Miami Dade Junior College, and Dr. Padron. This money was to be
made available, the amount of one million dollars, if in fact, they would go
to the County, and use it as leverage to get an equal amount from the County
for acquisition of property in the downtown area. We made that as a
commitment. They did what we asked by going to the County, and,
unfortunately, the best that they could do with the County, was to get two
hundred thousand dollars. They came back and they reported that to us. They
said that they would be getting other monies from the County, but not as a
direct grant, but more so, in the area from transportation monies that Dade
County had that would almost equal the million dollars. Mr. Mayor, in my
commitment to Miami Dade Community College, we did make a commitment, I have
to, at this time, offer a motion that we live up to that commitment,
unfortunately, at the time that we made that commitment times were different
than what they are today. I offer a motion, at this time, that we live up to
our commitment of this allocation of funds to Miami Dade Junior College.
Mr. Odio: Before...
Commissioner Plummer: I so move.
Mayor Suarez: So moved. Do we have a second on that motion? This 1s for the
full million dollars?
Commissioner Plummer: No. I move to give it to the college. I then, Mr.
Mayor, would make a motion, at this time, that they did, in fact, get the two
hundred thousand allocation from Dade County, that we, at least, no less, at
least, match what we ask them to do of the two hundred thousand to Dade
Junior. I so move.
271 July 16, 1992
a
0
Mr. Odio: You are talking about two hundred thousand or a million then?
Commissioner Plummer: I am talking about matching, which we ask them to
do,...
Commissioner De Yurre: I am seconding...
Commissioner Plummer: ...two hundred thousand dollars.
Commissioner De Yurre: I am seconding your original motion of a million
dollars.
Mr. Odio: No.
Commissioner Plummer: OK.
Mayor Suarez: OK.
Mr. Odio: Just...
Mayor Suarez: The original motion was a million dollars, and that has been
seconded. Any discussion by the Commission? I don't think it would be
fair...
Vice Mayor Alonso: Without matching funds in this case.
Mr. Odio: I want to put on the record...
Vice Mayor Alonso: Because they don't...
Commissioner Plummer: Madam Commissioner, they have...
Mr. Odio: This will...
Commissioner Plummer: Let me repeat what they said to me, and I am sorry that
Dr. Padron is not here. He said to me that he went to the County. That he
did, in fact, receive a grant from the County of two hundred thousand dollars.
He said that they would be making other funds available to them through
transportation monies and grants that they would be receiving because the
college is such a direct relation to the transportation system downtown. But
he could not, at this time, say what that grant of money would be, but he felt
that it would be near the million dollars that had been asked for.
Mr. Odio: But, you know, Commissioner Plummer, for the record we already give
the... given the college one million dollars. They were supposed to get
matching funds. They never did. Now here we go another million dollars. And
I want to put on the record, if I may, the impact you are going to have on the
labor workforce of the City of Miami. You are talking about hiring PSAs and
policemen, with what? You are giving the money away to these people.
Mayor Suarez: The argument you are making is a very interesting argument.
The argument you are making is that CDBG funds, of this sort, if we don't
allocate them as you, the Administration expected, you will not be able to
take the amount that you would like to have for Administration,...
272 July 16, 1992
Ic
Mr. Odio: Sure.
Mayor Suarez: ... and that means for salaries...
Mr. Odio: Sure.
Mayor Suarez: ...of employees.
Mr. Odio: Exactly.
Mayor Suarez: Very interesting argument.
important one to us, because CDBG...
Mr. Odio: Oh...
11
Not, necessarily, the most
Mayor Suarez: ...is not meant to be handled on that basis. On the basis of
how many of our staff can we support with it, but we understand the
predicament. We understand the predicament, we are with you on it. It is
part of our City too. It is part of our employees too. Now, question on that
issue. You have received... We have received five point three million
dollars in home funds. Can any of...
Mr. Herb Bailey (Asst. City Manager): That, that...
Mayor Suarez: ...that money be used for Administration?
Mr. Bailey: Mr. Mayor, may I sort of explain that to you? And I want to
answer that question.
Mayor Suarez: I want a simple answer to that simple question.
Mr. Bailey: No. No.
Mayor Suarez: All right. That is all I need.
Commissioner Plummer: May I go on the record?
Mayor Suarez: So, we are back to the predicament. The predicament,
Commissioners, is that the Administration is always assuming that twenty
percent (20%) of the monies that go to housing, I think it is twenty percent
(20%), can be used for administration and, therefore, they are out, some
amount, in the vicinity of two hundred thousand dollars,...
Commissioner Plummer: Correct.
Mayor Suarez: ...if we allocate a million to Miami Dade Community College.
Mr. Bailey: That is not exactly correct. I would like to explain to you...
Commissioner Plummer: May I go on the record, Mr. Mayor?
Mayor Suarez: It is close enough, Herb, and we got to make decision here.
273 July 16, 1992
i�
Mr. Bailey: I would like to just...
Commissioner Plummer: Mr. Mayor, I want to go on the record, that is that
decision was to be made today, I would never have offered that motion. I am
only offering that motion because we, this Commission, made a commitment
months ago, and I don't feel we can break that commitment.
Mr. Odio: But 1f you don't have the money.
Commissioner Plummer: So I just want that on the record.
Mayor Suarez: All right,...
Mr. Bailey: May I explain?
Vice Mayor Alonso: But it was on the basis of matching funds.
Mayor Suarez: ...Herb, how did I not explain that correctly?
Mr. Bailey: OK.
Mayor Suarez: How is it not twenty percent (20%) of the amount to go to
housing?
Commissioner Plummer: You can vote the two hundred without any problem.
Mr. Bailey: No. You are correct, Mayor. You half correct. The other part
is that we have established programs, which is multifamily rehab, which HUD
expects us to manage. We do not have any money, because of this decision, to
put into multifamily rehab, and if you remember the last Commission Meeting,
you also voted to take the whole money away from multifamily rehab. That
means we have no justification for fourteen employees who have to be paid
from... who have to be paid from...
Mayor Suarez: Well, wait. We didn't...
Mr. Bailey: ...multifamily...
Mayor Suarez: How did we vote to eliminate...
Mr. Bailey: ...rehab activity.
Mayor Suarez: ...all the home fronts from multifamily rehab?
Vice Mayor Alonso: No. We did not. We assigned a certain amount to rehab.
Mr. Bailey: You took a million dollars away. You left about eight hundred
thousand, or a little less, and to do multifamily rehab. In the inner City,
eight hundred thousand dollars will probably do one half of a project. Now I
don't think you want me to get into the techniques of the cost of doing
multifamily rehab in the inner City.
Mayor Suarez: Well, we have five point three million from home fronts. The
idea was to use as much of it for new construction as possible, not
multifamily rehab, and that is, presumably...
274 July 16, 1992
12
Mr. Bailey: That is OK, but we can't...
Mayor Suarez: ...the prioritization that we have done.
Commissioner Dawkins: I call the question.
Mayor Suarez: So now, what you are concerned about, again, is
your thirteen
staff members, and I understand that concern.
Mr. Bailey: Fourteen.
Mayor Suarez: Fourteen. What can we do? We have a motion and
a second, and
Commissioner Dawkins is asking for a vote, moving to call the question,...
Commissioner Plummer: Well, wait a minute, Al.
Mayor Suarez: ...and I am inclined to accept that.
Vice Mayor Alonso: Al Cotera.
Commissioner Plummer: Al wants to be heard.
Mayor Suarez: You have people at the podium who have been
heard on this
matter. A total of three times, Al.
Mr. Al Cotera: You haven't heard me.
Mayor Suarez: Well, I have no idea what your...
Commissioner Dawkins: You know and...
Mayor Suarez: ...involvement in this is.
Commissioner Dawkins: I don't either.
Mr. Cotera: My involvement is...
Mr. Roberto Godoy, Sr.: I believe...
Mayor Suarez: Let me hear it... Oops. Wait, sir. I am not
even directing
myself at you. We are going to possibly hear from you or not.
Mr. Godoy, Sr.: I believe I have a ... _
Mayor Suarez: Wait a minute, sirl Would you please move away from the mike
j for a second. I have got the head of my police union here. POR FAVOR, -
_{ NECESITO HABLAR CON EL PRESIDENTE DE LA UNION DE OFICIALES DE LA POLICIA DE LA
—= CIUDAD DE MIAMI.
Mr. Godoy, Sr.: What do you want, to throw me away?
Mayor Suarez: I am not going to throw you away, I am asking to speak to the
head of our police union, sir. Yes, sir. What is your involvement in this?
275 July 16, 1992
Mr. Cotera: Mr. Mayor, my involvement is very simple. Commissioner Plummer
makes the comment that there was a verbal commitment, by this Commission, to
assist Miami Dade, and that is understandable, but economic times have
changed. You have a contractual commitment to all four unions comes this
October...
Commissioner Dawkins: Um hum.
Mr. Cotera: ...and we are burning the midnight oil here trying to figure out
a way to keep this City afloat. If economic times change and improve, by all
means, give them the million dollars. But now is not the time to do it. Not
when the unions, last year, deferred a pay raise. We are looking at,
possibly, deferring a pay raise this upcoming October...
Commissioner Plummer: These are not monies that could be used to pay this.
Mr. Cotera: ...to keep the boat from sinking. You are going to pull that
million dollars, and you are pulling the plug.
Commissioner Dawkins: Mister, mister, mister.
Mr. Cotera: We were not expecting a four million dollar...
Commissioner Dawkins: Al.
Mr. Cotera: ...deficit...
Commissioner Dawkins: Al.
Mr. Cotera: ...in our revenues.
Commissioner Dawkins: Al.
Commissioner Plummer: That is right.
Mr. Cotera: Nobody expected that.
Commissioner Dawkins: Al.
Mr. Cotera: You have to keep that in mind.
Commissioner Dawkins: Al.
Commissioner Plummer: Al. -
Commissioner Dawkins: Let me ask you a question. -
Commissioner Plummer: When your commitment and you give your word, and that
is what we did...
=a
Commissioner Dawkins: Let me... Hold it. Hold it. Hold it. _
Mayor Suarez: One at a time, please, Commissioners. OK?
276 July 16, 1992
�i
NOR
Commissioner Dawkins: Wait a minute, J.L. Wait a minute. Al, when you and
the rest of the bargaining agents came here during the budget hearing, and you
decided to let the Manager talk you into deferring your raise, I told you then
they didn't have no money, and you said they did have the money. They told
you that they took the four percent (4%) raise, put it away in a pot, that
when this day come in October for you to get your four percent (4%) raise it
would be there. It is not there, Al. So now you want to come and hold me
hostage because the Manager does not have your four percent (0), and you are
saying that me, and the rest of these Commissioners are deserting the poor
working people, that are represented by the four bargaining units. We didn't
do this to you, you did it to yourself. You are the ones who told the Manager
he could have the buyout. You are the ones who told the Manager we will defer
the four percent (4%) until next year. Next year is here, and the Manager is
telling you now, defer it again, and now you want to hold me hostage.
Commissioner Plummer: No, no. I...
Mr. Cotera: I don't want to hold you hostage, Commissioner,...
Commissioner Dawkins: OK. Go ahead.
Mr. Cotera: ...but as you can see the Mayor himself ask what my interest in
this was. OK.
Commissioner Dawkins: I am just helping you...
Mr. Cotera: Wait a second. The buyout last year, saved approximately twelve
million dollars. You have a four million dollar deficit in taxes this year.
You are projecting a four... an eight million dollar deficit in taxes for the
next year. There goes your twelve million dollars right there.
Commissioner Dawkins: OK.
Mr. Cotera: Simple math.
Commissioner Dawkins: OK. Now, the buyout...
Mr. Cotera: Four and eight is twelve.
Commissioner Dawkins: Wait a... The buyout saves what?
Mr. Cotera: Approximately twelve million dollars,...
Commissioner Dawkins: Twelve million dollars.
Mr. Cotera: ...after severance pay, and all of that.
Commissioner Dawkins: All right. How much did we pay back in overtime?
Mr. Cotera: Pardon? _
Commissioner Dawkins: How much... Of the twelve million, how much did we pay
back in overtime to the police?
277 July 16, 1992
Commissioner Plummer: Overtime was five million dollars last year.
Commissioner Dawkins: Five million. So five... So now we didn't save twelve -
million, because we paid five million in overtime. So five from twelve leave
seven.
Commissioner Plummer: No, no, no.
Commissioner Dawkins: Oh, yes. —
Commissioner Plummer: Five million... That is every year, Commissioner.
Commissioner Dawkins: No, no, no.
Mr. Cotera: That 1s every year, sir.
Commissioner Plummer: Every year is five million dollars in over time. Yes.
Mr. Cotera: Every year. We have to stop kidding ourselves...
Commissioner Dawkins: It is not over... It is not five million every year.
Mr. Cotera: ...with the budget, and not...
Commissioner Plummer: Yes, sir, it is.
Commissioner Dawkins: Well, what the hell did you spend with the NET Program?
You all think I am retarded?
Commissioner Plummer: Excuse me. Excuse me. There are two phases of
overtime.
Commissioner Dawkins: You all must think...
Commissioner Plummer: One is regular overtime...
Commissioner Dawkins: No. What I am not... But you see, J.l., don't cloud
the .issue with giving me two issues. I am telling you, give me the total
amount of money spent 1n police overtime... `-
Commissioner Plummer: Five million dollars.
Commissioner Dawkins: ...and then you break it... What was the NET Program
money? That was overtime?
Commissioner Plummer: That was an additional million dollars. An
additional... -
Commissioner Dawkins: That wasn't overtime?
Commissioner Plummer: That was an additional... =
Commissioner Dawkins: Was that overtime? -
278 July 16, 1992
Commissioner Plummer: I think it was, yes.
Commissioner Dawkins: OK.
Commissioner Plummer: So it is six million. Yeah. He is right.
Commissioner Dawkins: All right. Now,...
Commissioner Plummer: OK. Six million.
Commissioner Dawkins: All right. No problem. How much overtime did you pay
the fireman? Two hundred... Over two hundred thousand dollars.
Mr. Odio: Wait. Yes.
Commissioner Dawkins: OK. So, Al, all I am saying to you,...
Mr. Odio: And you know what we saved?
Commissioner Dawkins: ...see, because they don't seem to understand what I...
Mr. Odio: Seventy-one firefighters.
Commissioner Dawkins: All I am saying to you is,...
Mayor Suarez: Anyhow...
Commissioner Dawkins: ...twelve million dollars was not saved.
Mr. Cotera: Well,...
_= Commissioner Dawkins: OK. -
Mr. Cotera: ...it was spent.
Commissioner Dawkins: All right.
Mr. Cotera:- Needless to say it is not there.
Mayor Suarez: In any event, I just wanted to see your interest, because I
couldn't figure out how you were involved in the allocation of CDBG funds, and -
I see what you are saying. It affects you to the tune of twenty percent (2O%)
of.that, because it might be money that we would have for employees, that we _=
would otherwise take away from you.
Mr. Cotera; Sir, if you don't take it out of your right pocket, you are going -_
to:have.to.take it out of your left.
Mayor°Suarez: Sir, I heard you, now let me finish my statement. It is two
hundred thousand dollars, let me clarify, we are not talking about a million
dollars. A -million dollars is the amount we are talking about. Now, Mr.
Manager, Mr. Castaneda, Mr. Bailey,...
279 July 16, 1992
Mr. Bailey: Yes, Mr. Mayor.
Mayor Suarez: ...of the groups that I see at the mike, which are, in fact,
applying for these funds and whose...
Mr. Odio: None.
Mayor Suarez: ...comments might be relevant to this motion.
Mr. Odio: None.
Mayor Suarez: I don't want to...
Mr. Odio: None. They have nothing to do with these funds.
Commissioner Plummer: The only ones, mister... The only...
Mayor Suarez: I think that is not correct, but...
Commissioner Plummer: Mr. Mayor, the only one...
Mayor Suarez: ...let me try then, because I thought that you had, already, a
quick.understanding, and, apparently, you don't. Now, you are requesting, in
fact, these housing monies right, CDBG for...
Mr. Duke McBride: We are here...
Mayor Suarez: Mr. McBride, say your name.
Mr. McBride: My name is Duke McBride. I live at 200 S.W. 25th Road. I am
here with Claudia Kitchens, Executive Director for the Coalition for the
Homeless. What we are,here to say today, and what I am here to say today is
that Miami Dade, we love. We are going to be pounding the pavements for a tax
initiative on the ballot in September that could net them one hundred and
twenty-five million dollars, however, it is not the City of Miami's role to
subsidize a State school in times where we are the fourth highest level of
poverty in the United States of America. We need housing, we need housing for
the poor, and that is what CDBG funds were designed to do. It makes no sense
for us to...
Mayor Suarez: Well, that is a little broad statement, because they are also
designed`to foster...
Mr. McBride:. For economic development and...
Mayor Suarez: - ...economic development, including expansion of a college that
is training:a lot of our young people, and if they didn't have jobs, if they
didn't have training, we would then really have a lot of people looking for...
Mr. McBride: I have nothing...
Mayor Suarez: ...SROs (single room occupancy) and...
Mr..McBride: ...against Miami Dade Community College.
280 July 169 1992
Mayor Suarez: All right.
Mr. McBride: I am a product of it, however...
Mayor Suarez: In fact, as you see the kinds of expenditures that you have for
fostering of economic development, helping something like Miami Dade Community
College is about as good a way as any. But, anyhow, we understand your
argument. How would the passage of that referendum affect the college's
funding situation now? [INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC RECORD]
You are trying to use the money for operations, not for expansion, right.
Ms. Cathy Sigler: Yes. The passage of the referendum...
Mayor Suarez: Name and address, please.
Ms. Sigler: Cathy Sigler, I am the Dean for Administration, Miami Dade
Community College, 300 N.E. 2nd Avenue. The passage of the referendum, the
money for the referendum would be used for operating expenses for the college.
It has nothing to do with buying land for buildings, or building buildings.
Mayor Suarez: The idea is that your enrollment would not have to go down, as
you were almost required to do this year.
Ms. Sigler: We already turned away three thousand students.
Mayor Suarez: Three thousand students were turned away, and, presumably, if
that bond issue passed... When is it on the ballot?
Ms. Sigler: September 1st. We need all your votes.
Mayor Suarez: Then, presumably, they will never have to do that in the
future, and they will have a fund there.
Mr. McBride: I also resent the fact that it was reported to us by... You
know there are those of us who have made commitments to the City, and have
fulfilled those. Metropolitan Dade County has more than a three billion
dollar a year budget, and their only real commitment to date has been two
hundred thousand, and that was over the three years that we have already...
just two years, previously, that we participated in this, solely, without...
And this year, according to an article in the Miami Herald, the State of
Florida is only contributing one point four million dollars to this project of
the school. You know, perhaps, maybe we need in years of austerity that we
are in now to really examine what we need to utilize, and I really feel that
housing, and administration is... I hate to agree with you this totally,
Cesar, but housing and administration is where this funding belongs to go back
to. Thank you.
—; Mayor Suarez: All right. Claudia.
Ms. Claudia Kitchens: I am Claudia Kitchens. I am the Director of the Miami
Coalition for the Homeless. I am here today representing the Providers'
Forum, which is all of the social services agencies and shelters throughout
-1 Dade County that provide services for the homeless. They have asked me to
s=
281 July 16, 1992
come here to urge you to reallocate that money back into housing. When these
programs go to work with the City Housing Department there just is not enough
money. As Commissioner Plummer said, times have changed, there is critical
need, and we have to have that money in the City of Miami Housing Department.
Thank you.
Mayor Suarez: All right. Thank you, Claudia. You are here on CBO, aren't
you?
Dr. Joan Lutton: Yeah. But it is economic development. Same funding. And
it says: "and other related issues, reconsideration."
Mayor Suarez: No. I don't think we intended...
Dr. Lutton: Two minutes. Two minutes.
Mayor Suarez: ...to go into that.
Dr. Lutton: I can talk real fast.
Mayor Suarez: No. I don't think we intended, doctor, to go into that. I
guarantee you that is not going to help your cause. We said that we would
hold off the vote on that until September 10th. I don't even remember what we
finally did with Greater...
Dr. Lutton: But what you did was not fund us only.
Mayor Suarez: OK. Right. And...
Dr. Lutton: We were the only ones.
Mayor Suarez: And I don't think it is going to help you to make that argument
today, but if any Commissioner wants to hear you, I would strongly...
Dr. Lutton: One minute.
Mayor Suarez: ...recommend that you wait until September. OK, sir. Are you
with Godoy?
Mr. Alexander Niebla: No.
Mayor Suarez: No. With Mr. Godoy behind you?
Mr. Niebla: No.
Mayor Suarez: OK. What happened to your father. He didn't think that we
threw him out of here, did he?
Mr. Robert Godoy, Jr.: Well, he left and disappeared. He is looking for...
Mayor Suarez: Well, if you find him please tell him all I want to do is hear
from the union. We want to hear from him very much, and if we hear from you
maybe it is just as well, because I know you speak the language quite
fluently, but if you find him we would like him to be here for that. All
right, sir.
282 July 16, 1992
F
s o°
Mr. Alexander Niebla: My name is Alexander Niebla, Allapattah Child Care
Center.
Commissioner Plummer: He is out finding poison arrows and shoot at the Mayor.
(Laughter)
Mr. Niebla: I just want the Commission to take into consideration if these
monies are made available, that although housing is a worthy cause, and we
know that 1t is very much needed, so is child care, and we are planning to
open our child care center now in the coming months, and we would like to be
considered if these funds are made available. We would like to be considered
as one of the recipients of some of these funds.
Mayor Suarez: You can try 1f you want. You or Bob, I mean...
Ms. Lutton: I just want one minute. All I want to say is that you took our
funding away. We are the only CBO that did not get it. You have two other
CBOs who are fiscally irresponsible, and your staff will agree with this. We
are not. The report that you listened to is over a year old. We have new
management and a new Executive Director, at this time. We are fiscally very
solid and...
Mayor Suarez: And we think we can solve the concerns in that report...
Dr. Lutton: OK.
Mayor Suarez: ...in conversations with HUD...
Dr. Lutton: And we have...
Mayor Suarez: ...and we are batting for you. So maybe if you just give us a
little time.
Dr. Lutton: But, we got two months with no funding, which we can handle.
Mayor Suarez: We still have to deal with your neighbors, who say that you are
not really doing a heck of a lot worthwhile with the money, but...
Dr. Lutton: Well, you know...
Mayor Suarez: ...the Clark...
Dr. Lutton: ...I just want to say to J.L. to that, and he is not here, but I
hope he listens somewhere. He gave a commitment...
Mayor Suarez: He is back there listening probably.
Dr. Lutton: ...to us, too, and he was very concerned about the commitment for
a lot less money, and the things we are doing in the northeast, and you are
very familiar with that, are making the difference. It takes a lot of time to
clean up an area, and get economic development and businesses in there, and
you know that very well, every one of you. We are working very hard. None of
us get any benefit from this in our businesses at all, other than cleaning up
283 July 16, 1992
the neighbor that we love. And I just want you to think about that, and
reconsider that. We were the only CBO that didn't get it. We are fiscally
responsible. Three of them were not in the report that your staff has. They
are not filing their reports. There is fiscal irresponsibility. That is all
I want to say.
Mayor Suarez: You have a peculiar kind of business, because your business 1s
education, which we can all relate to...
Dr. Lutton: It is a good business.
Mayor Suarez: ...of very young kids...
Dr. Lutton: Sure.
Mayor Suarez: ...and God knows that area needs that.
Dr. Lutton: And I have... You have to understand my... While 1t is a
nonprofit business, we have to offer a very fine product to get people in that
neighborhood with their children, because that is the most important thing
that they have, and I do that, and you know it.
Mayor Suarez: And it may be that the area is about to...
Dr. Lutton: Turn. It is.
Mayor Suarez: ...see the impact of all the monies that we have been
allocating. It is just that...
Dr. Lutton: It absolutely is.
Mayor Suarez: To keep the two Clark ladies off of your back...
Dr. Lutton: I know.
Mayor Suarez: ...you are going to have to get that money spent, and have the
impact that we all want it to. Otherwise, they are really going to be making
a strong...
Dr. Lutton: But two are doing this...
Mayor Suarez: ...case in September.
Dr. Lutton: ...and I want you to understand that. There are a whole bunch of
us here today. We were not heard because... I was here six hours.
Mayor Suarez: Well, they out numbered you last time.
Dr. Lutton: Well, I was here for six hours...
Mayor Suarez: You out numbered them this time.
Or. Lutton: ...and I had to go home.
284 July 16, 1992
Mayor Suarez: You out numbered them this time, but sometimes they have a
whole compliment of people from the northeast.
Dr. Lutton: Some of them are very noisy though, sir.
Mayor Suarez: Well, they are not here to defend themselves.
Mr. Bob Grill: Can I have a minute? I am Bob Grill. This year's President
for the Greater Biscayne Boulevard Chamber of Commerce. All we are asking for
is the same consideration you gave all the other CBOs. I have watched you on
TV today, and you talked a lot about police services. This CBO is the CBO —
that came to you, and lobbied successfully, and built the Biscayne -
ministation. OK. The Biscayne ministation is recognized, in our community as
the turning point in the partnership with the City, where things have gotten --
better. I am stressing partnership because it is a partnership of businesses.
We have over a hundred and ten business members along the boulevard.
Mayor Suarez: OK. Bob. We need you back the day of the... of that
determination in September because... _
Mr. Grill: We have not had any funding since July 1.
Mayor Suarez: Yeah. I understand. I understand.
Commissioner Plummer: Mr. Manager...
Mayor Suarez: We have a motion and a second before us. Commissioner Plummer.
Commissioner Plummer: Mr. Manager, a lady just came up to me outside there,
and I wish that you would send your Chief of Staff to look what some
individual, who works for this City, has done with the American flag, in the
cafeteria room. And I wish you would deal with that individual accordingly.
It is a disgrace what they have done. I am assuming our City employee took it
down, and took it into that room, roiled it up into a bundle, and threw it in
a corner with the City flag, the State flag, and the American flag. It is a
disgrace. And I hope the matter will not happen again. APPLAUSE Don't clap
for me. Clap for the lady who saw it and brought it to my attention, and I
thank her for doing such. She be right there. Ma'am, thank you.
Mayor Suarez: On the motion and second before us, any further discussion,
Commissioners? If not, please call the roll.
Commissioner Dawkins: What is the motion?
Mayor Suarez: The motion is to allocate of the remaining one point three
million?
Commissioner Plummer: No, no, no. One.
Mayor Suarez: Of the remaining one point three million?
Commissioner Plummer: No, no. It is not one point three. That is not my
commitment.
285 July 16, 1992
Mayor Suarez: Of the remaining one point three million, that we have in the
eighteenth year, right?
Commissioner Plummer: One point. One.
Vice Mayor Alonso: One million.
Commissioner Plummer: That is correct.
Commissioner Plummer: Three hundred thousand has nothing to do with the
allocation or commitment that we made. I am sure they will take it, but...
Mayor Suarez: Was the three hundred thousand dollars form CDBG eighteenth
year? Of the remaining one point three million dollars, of which one million
is the only amount that has anything to do with Miami Dade Community College,
we have a one million dollar, a motion to give Miami Dade Community College
one million dollars, moved and seconded. Any discussion?
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I could agree with Mr. Bailey if I did not know that
the NET Directors..
Commissioner Plummer: Uh-uh.
Commissioner Dawkins: ...are being paid with CDBG funds as Directors of the
NET Program. So, therefore, you know, if you clean that up, then I can be in
favor of listening to you and tell me that you are going to lose fourteen
people, or fifteen people, but you have already lost five people, and nobody
Is concerned, Mr. Bailey. So...
Mr. Bailey: We were impacted and I just want to explain it again,
Commissioner. Commissioner Plummer, last Commission meeting held up a HUD
document that talked about infractions, and the point I am trying to make
today is, is that we have commitments to HUD to do multifamily rehab programs.
If we do not have money in the multifamily rehab program, then we cannot
justify paying people who work on multifamily rehab programs. So what will
happen next year when they come in to do the audit, you are going to have
another item 1n your document that you will hold up and say, that the City has
made some infractions in the use of HUD monies. The only thing we are asking
is that you give us enough money out of those that have been allocated for the
program we submitted to HUD, and they approved the use of the money for
multifamily rehab for that purpose, and 1f we do not have money, two things
will happen. These employees will be in violation. We cannot justify their
salaries. And nobody in the community is going to get any more low income
housing. Now, I know multi... rehab is sometime a bad kind of thing, but we
have people in that community who cannot afford two hundred a months, two
hundred and fifty. We cannot build a new structure where it can be rented at
that price.
Commissioner Dawkins: OK. All right. I hear you, but also, I will ask the
Manager, and not you. Is not the individuals who are being paid with HUD
money, as NET Directors, in violation?
286 July 16, 1992
Mr. Odio: No. And they won't be, be paying... The NET Administrators will
not be paid from CDBG funding as of October 1st, so...
Commissioner Dawkins: Beg pardon? Because what, now?
Mr. Odio: They are not going to be paid from CDBG funds.
Commissioner Dawkins: Where will they be paid from?
Mr. Odio: They are being...
Commissioner Dawkins: Francina Brooks 1s being paid from where?
Mr. Odio: They are not being paid form CDBG...
Commissioner Dawkins: Where is Francina Brooks being paid from, Mr. Manager?
Mr. Odio: Right now from CDBG to finish this year.
Commissioner Dawkins: All right, so, so, so... OK. No problem.
Mr. Odio: But not next year.
Commissioner Dawkins: No problem. No problem. After this motion I have
another motion. Call the roll, Mr. Mayor.
Mayor Suarez: All right.
Commissioner Dawkins: Unless there is further discussion.
Mayor Suarez: Mr. Godoy, then since we kind of dismissed your father here, if
you wanted to address this, sir.
Mr. Robert Godoy, Jr.: OK. Mr. Mayor, I think you all have the paper were my
father made the petition.
Mayor Suarez: Yes.
Mr. Godoy, Jr.: If you can give me a copy to refresh your memory. That money
that they are asking, because he mentioned a specific amount, I want that you
all understand that that money is not for salary. Already we have, they have
from the'County Commissioners, the money for salary.
Commissioner Plummer: Didn't they already get a grant of money besides?
Mr. Godoy, 'Jr.: The eighty thousand dollars that they are asking here, the
Model House Cooperative is to convert 12 families. They are paying for rent
that they become owners. That means this will be a down payment, and these
people, the'same amount that they are paying now as in rent, they will become
owners of this property. The total amount of this money will be to buy the
building. That will be the down payment to buy the building. Already they
went in front of the County Commissioners, and all the expenses is being paid
for the Commission, for the Metro Commission. That means...
287 July 16, 1992
Mayor Suarez: Let me ask a question, Mr. Godoy, of Mr. Bailey. Any chance of
home funds being used for this housing cooperative effort?
Commissioner Dawkins: Before he answers let me say something.
Mr. Bailey: It is eligible, yes.
Commissioner Dawkins: Before he answers, Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Dawkins: Mr. Godoy, twice before this organization came before
the City Commission, and twice we gave it money, and twice it said it would
not come back for any more money.
Mr. Godoy, Jr.: Sir.
Commissioner Dawkins: And now, today, you are back again asking for more
money...
Mr. Godoy, Jr.: No, sir.
Commissioner Dawkins: ...when you promised me the last time that you would
not come back and ask for money.
Mr. Godoy, Jr.: Sir, this is the first time that a Model Housing
Cooperative...
Commissioner Dawkins: This is not...
Mr. Godoy, Jr.: Yes, sir. It is the first time.
Mayor Suarez: It is just that it looks so much like the organization that you
used to be involved in with Mr. Rodriguez-Quesada.
Commissioner Dawkins: OK. OK.
Mayor Suarez: The logo looks similar. The lettering...
Commissioner Dawkins: I stand corrected.
Mayor Suarez: OK.
Commissioner Dawkins: But the other guy can't come back no more.
Mr. Godoy, Jr.: No. This is the first time.
Commissioner Dawkins: OK. All right.
Mr. Bailey: May I make a comment, please?
Commissioner Dawkins: I beg your pardon. I am sorry.
288
I
July 16, 1992
Mayor Suarez: You are a classic case, I think, for applying the home front,
you know. We just got five point three million dollars.
Vice Mayor Alonso: They qualify for the home projects.
Mayor Suarez: Yeah.
Mr. Bailey: We just need the proposal.
Vice Mayor Alonso: Yes.
Mr. Bailey: They have not submitted anything to us for review. We don't know
until...
Vice Mayor Alonso: There is money available for that.
Mr. Bailey: ...we see it whether or not we can...
Vice Mayor Alonso: Yes.
Mayor Suarez: This could be perfect for home fronts.
Vice Mayor Alonso: Of course.
Commissioner Dawkins: OK.
Mayor Suarez: HOME is the program, and please tell your dad that we didn't
mean to shuffle him off. I just wanted to hear from the head of the union.
Mr. Godoy, Jr.: OK. No, the only reason that they came here is because, you
Commissioner Dawkins: You got the money now. Don't talk yourself out of it.
Mayor Suarez: You can apply for home funds and we still have sufficient
amount available, hopefully, if you fill out the application.
Vice Mayor Alonso: They have to present a proposal, right?
Mr. Bailey: They have to send it to us.
Commissioner Dawkins: Go talk to Mr. Bailey now.
Mayor -Suarez: All right.
Vice Mayor Alonso: All you have to do is present a proposal to them. You are
qualified under that program.
Commissioner Dawkins: OK.
Mr. Godoy, Jr.: OK. Thank you.
Mayor Suarez: Did we call the roll yet, Madame City Clerk?
289 July 16, 1992
Vice Mayor Alonso: Not yet, but please do.
Mayor Suarez: Please call the roll, yes.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-493
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
AMENDMENT TO THE APPROVED EIGHTEENTH (18TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL
STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) TO REFLECT THE REALLOCATION OF
$1,000,000 IN CDBG FUNDS ORIGINALLY ALLOCATED TO MIAMI
DADE COMMUNITY COLLEGE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Vice Mayor Alonso
ABSENT: None.
COMMENTS MADE DURING THE ROLL CALL:
Commissioner Dawkins: Well, this is their first time. Yes. They won't be
back, though, either.
Ms. Hirai: You vote yes.
Commissioner Dawkins: No. No. No. We voting to give them eighty thousand.
Mayor Suarez: No, no.
Ms. Hirai: No, no, no.
Mayor Suarez: This is the money for Miami Dade.
Commissioner Dawkins:
Ms. Hirai: Yes.
Commissioner Plummer:
Oh. OK. Yes, yes, yes.
Wait a minute. What is the motion?
Ms. Hirai: The motion...
290 July 16, 1992
0
0
Mayor Suarez: The money for Miami Dade. You moved it.
Vice Mayor Alonso: Miami Dade.
Commissioner Plummer: The million dollars?
Mayor Suarez: You moved it, yes.
Ms. Hirai: To live up to the promise to Miami Dade...
Commissioner Dawkins: OK.
Ms. Hirai: ...and allocate a million dollars.
Commissioner Dawkins: OK. Yes.
Ms. Hirai: Commissioner De Yurre. For the million dollars. Votes yes.
Mayor Suarez: Yes. Now, on the three hundred thousand dollars. How do you
propose that we spend that to try to help you in the...? If it makes sense to
even allocate that now.
Commissioner Dawkins: OK.
Mr. Bailey: I think it does make sense, and I would recommend that we at
least take the three hundred thousand back into housing.
Commissioner Plummer: OK. So moved.
Vice Mayor Alonso: Second. That is the least we can do.
Mayor Suarez: I think we would all agree on that.
Commissioner Dawkins: Second. Second.
Mayor Suarez: Move and seconded and thirded. Any discussion on that?
Mr. Bailey: We need Code Enforcement.
Commissioner Plummer: Yes. Under discussion. Mr. Mayor, I would hope, Mr.
Manager... Hello. I would hope where we are putting the three hundred
thousand dollars back into the Housing Department, that all of that money...
Matter of fact, if I had my choice none of that money would go for salaries.
Mr. Bailey: All of what money, Commissioner?
Commissioner Plummer: Huh?
Mr. Bailey: All of what money?
Commissioner Dawkins: It has to.
Commissioner Plummer: The three hundred
rehabbing, and not for salaries. OK?
thousand dollars will go for
291 July 16, 1992
Commissioner Dawkins: OK.
Mr. Bailey: Or you had another motion? Oh, I thought you could give us some
of the other money.
Commissioner Dawkins: We are. I'm going to try.
Commissioner Plummer: We are. We are going to give you $300,000 for the
rehab of the multifamily.
Commissioner Dawkins: OK. Go ahead. All right.
Mr. Bailey: Commissioner, $300,000 that's fine. I was sort of thinking about
the motion... OK.
Commissioner Dawkins: OK. Call the roll.
Mayor Suarez: Moved and seconded on the $300,000 to be put back into housing
by whatever definition and form the Administration deems proper. Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-494
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
AMENDMENT TO THE APPROVED EIGHTEENTH (18TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL
STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) TO REFLECT THE REALLOCATION OF CDBG
FUNDS, IN THE AMOUNT OF $300,000, FOR HOUSING
ACTIVITIES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
292 July 16, 1992
Commissioner Dawkins: I was the one in the HOME Program and I am still
against multifamily rehab, but as Mr. Bailey has explained to me, in the
Wynwood area there are homes that could be rehabbed and made available, and in
other places other than Overtown, there are multifamily dwellings. So I'd
like to revisit the $5,000,000 and allocate it as it was originally presented
t0 us.
Commissioner Plummer: No wayt
Commissioner Dawkins: And that was... How was it originally?
Mr. Jeff Hepburn: It was new construction, most of it for new construction
and some...
Commissioner Dawkins: How much? I want to move it the way it was proposed.
Mr. Hepburn: As I recall, it was $2,000,000 for multifamily new
construction...
Commissioner Dawkins: Um-hmm.
Mr. Hepburn: ... $1,800,000 for multifamily rehab...
- Commissioner Dawkins: OK.
=� Mr. Hepburn: ... roughly about $800,000 to assist nonprofit corporations to
Y do housing ...
r
Commissioner Dawkins: OK.
Mr. Hepburn: ... and also $700,000 for first-time home buyers.
Commissioner Dawkins: OK. And I'd like to... So moved, cancelling out the
=` other.
Mayor Suarez: So moved.
Vice Mayor Alonso: Move to cancel the...
Commissioner Dawkins: Yeah, before I said we would not... I mean, I made the
motion not to do any more...
Vice Mayor Alonso: Rehab.
Commissioner Dawkins: ... rehab.
Vice Mayor Alonso. Yes.
Commissioner Dawkins: But now the are saying that we've y y g got to have the
_j
money in the rehab program...
=' Vice Mayor Alonso So we are going back to the original amount that they
requested.
293 July 16, 1992
Commissioner Dawkins: Yes, ma'am.
Vice Mayor Alonso: We only gave them a portion of the amount requested. We
are going back to the original request.
Mr. Hepburn: To the original recommendation.
Commissioner Dawkins: Original. Yes, ma'am.
Vice Mayor Alonso: I second.
Commissioner Plummer: And how much is that?
Mayor Suarez: Moved and seconded.
Mr. Hepburn: The change is being made in terms of the multifamily program.
We are increasing that by a $1,000,000. Initially our recommendation was
$1,800,000. Based on your action last week, it was only $800,000 left in that
program.
Commissioner Plummer: Well, wait a minute now. Whoa, whoa, whoa. How much
do you have totally in that program?
Comnissioner Dawkins: Five million.
Mr. Hepburn: The total program in terms of HOME, we are talking about
$5,300,000. But there are four components, four programs we plan to implement
with those funds.
Commissioner Plummer: Yeah, but are you telling me we can't take part of
that, or $1,000,000 of that, and put back into the multi housing?
Mr. Hepburn: That's basically what the motion is.
Vice Mayor Alonso: That's exactly what we are doing.
_L
Commissioner Dawkins: That's what we are saying.
Mayor Suarez: That's what he's proposing.
—a
Commissioner Dawkins: That's what we said, J.L.
Mayor Suarez: To undo what we previously did.
Vice Mayor Alonso: I thought we have awarded $1,000,000. Is that what we
did?
_i
Mr. Hepburn: You only moved $1,000,000 out of the multifamily program.
-� Vice Mayor Alonso: Exactly. So we are putting now the $800,000.
Mr. Hepburn: Correct.
294 July 16, 1992
Vice Mayor Alonso: OK. Fine.
Mayor Suarez: OK. So moved and seconded.
call the roll.
Any discussion? If not, please
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-495
A RESOLUTION, WITH ATTACHMENTS, AMENDING SECTION 4 OF
RESOLUTION NO. 92-461, ADOPTED JULY 9, 1992, WHICH
AUTHORIZED ACCEPTANCE OF 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), APPROVING HOME
PROGRAM GUIDELINES, ALLOCATING HOME PROGRAM GRANT
FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
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;
HEREBY REALLOCATING SAID HOME PROGRAM GRANT FUNDS AS
HEREIN DESIGNATED.
(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.
295 July 16, 1992
f•
- -- ---- - - -- - --- - - - - -- - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - -- - - - - - - - - -- - - -- - - - - - -- ---- �-
31. AUTHORIZE INCREASE IN CONTRACT WITH SERVICE STATION AID, INC.
($28,000) - FOR HEAVY EQUIPMENT FACILITY ENVIRONMENTAL CONSULTING /
CONSTRUCTION SERVICES PROJECT B-5579 (CIP 311009) -- RATIFY MANAGER'S =
FINDING OF EMERGENCY CIRCUMSTANCES.
------------------------------------------------------------------------------
Mayor Suarez: Item 46.
Vice Mayor Alonso: Yes. Mr. Mayor, I have a question. Mr. Manager.
Commissioner Dawkins: Mr. Mayor, since we are talking about that...
Mayor Suarez: Wait, she was just saying something.
Commissioner Dawkins: I'm sorry. Go ahead, Madam.
Vice Mayor Alonso: Oh. I wanted to ask the Manager. We have item 44, 46,
51, 52 authorizing an increase in the contract amount...
Commissioner Plummer: Forty-six is also.
Vice Mayor Alonso: Yes. The first one, 44, it was $25,000; 46, $28,000; 51,
$10,000 and then 52, $62,000.
Mr. Cesar Odio (City Manager): Correct.
Vice Mayor Alonso: Why so many of them? We award a contract for a certain
amount...
Mr. Odio: First of all, the...
Vice Mayor Alonso: .... and then why so many come back to us for an increase?
Mr. Odio: What has happened here is that you have combined Commission
meetings. They have been dragging. But the first, 46, item 46, the Service
Station Aid, that's an environmental problem. They went into the job and they
had been allocated for... They said we had a problem. When they dug into the
fuel storage system, they found that one of the other tanks that we did not
expect had a crack in it, and, therefore, was going to contaminate the soil
and that's against the law. We were ordered by DERM (Department of
Environmental Resources Management) that we had to correct the problem then.
That was considered an emergency. We had no choice but to do that work right
there and then. That's item 46.
Commissioner Plummer: Excuse me. Mr. Manager, on that particular item, let
me use that as the example. Was that money being done from in-house or was
that a private company?
Mr. Odio: That... Service Aid is a private company.
Commissioner Plummer: I'm sorry. What's the name of it?
296 July 16, 1992
Mr. Odio: Service Station Aid.
Commissioner Plummer: Oh, that's the name of a company?
Mr. Jim Kay: Yes.
Mr. Odio: Yes.
Commissioner Plummer: And they were the successful bidder...
Mr. Odio: Right.
Commissioner Plummer: ... for the initial $60,000?
Mr. Odio: Yeah. They are experts on facility environmental consulting
construction services. They are experts in that field. And when they dug in,
they found out one of the other tanks that we were not expecting had a crack
in it, and if you don't replace...
Commissioner Plummer: Did the Administration, in any way, notify the
Commissioners of this problem and an expenditure of additional funds would be
necessary?
Mr. Odio: No.
Commissioner Plummer: Why? If the Administration, under our Charter, does
not have the right to expend more than $4,500 without Commission approval...
Mr. Odio: There are certain criterias, including public health, that the
Manager has the right to declare an emergency. And you have the right, of
course, to say it wasn't.
Commissioner Plummer: We have the right to say we ain't going to pay it.
Mr. Odio: And believe me, what I'm doing...
Commissioner Plummer: And then where are you?
Mr. Odio: Then we are in trouble. But I feel that I'd rather take that risk
than having DERM come in say that we are contaminating soil.
Commissioner Plummer: If I see this dirty devil smoke one cigarette, I am
going to skin him alive. I have gone 132 days without a cigarette because of
his complaining. If I catch you with one cigarette...
A. Quinn Jones III, Esq. (City Attorney): But you make me smoke.
Commissioner Plummer: ... you are dead.
Mr. Jones: You make me want to smoke.
Commissioner Plummer: Can you imagine? The nerve of some mother's children..
297 July 16, 1992
Mayor Suarez: Item 46.
Mr. Odio: Let me say this. I think there are too many emergencies. OK? I
just happen to know that 46 and 51, specifically, were serious emergencies.
Mayor Suarez: I would beg of my colleagues to defer to the Administration's
judgment on these items and get on so we can get to Planning and Zoning and
some personal appearances we have.
Commissioner Plummer: Sir, I think what we are trying to say to the
Administration, at least, if nothing more, when you run into these problems,
at least send us a memo telling us about them.
Mayor Suarez: Yeah, and you don't lose anything by that because then you get =
at least one... -
Commissioner Plummer: I mean, how much does it cost to write a memo? -
Mayor Suarez: ... Commissioner, or two or three that might take the interest
to actually go out and see the site and get more familiarized with why we need -
to do this.
Mr. Odio: You see, Mr. Mayor. You see three here. I turned down 10.
Commissioner Dawkins: OK. Well...
Mayor Suarez: Well, tell us the ones that you don't turn down at least.
Vice Mayor Alonso: Yeah.
Mayor Suarez: You don't lose anything by that.
Vice Mayor Alonso: My concern is, I don't want this to become a practice,
-G that we award a contract and then it comes back for an increase. And it's
happening so much that it really came to be an excessive amount. It's too
much of a problem. It's a constant thing. Every Commission, it's increasing
the number of requests for increase in the original amount, and that concerns
me. Because I say, well, maybe people are just going through the process and
then later on, they know they are going to receive authorization for an
increase. That's not really the way we should be doing things.
Mayor Suarez: All right. On item 46, I'll entertain a motion.
�i Commissioner Dawkins: Move.
-� Mayor Suarez: Moved.
Commissioner Dawkins: What is it? 46?
Mayor Suarez: It's $28,000 for the contract amount.
Commissioner Dawkins: Move it.
Vice Mayor Alonso: Twenty-eight thousand difference.
298 July 16, 1992
Mayor Suarez: Moved.
Vice Mayor Alonso: Forty-six?
Mayor Suarez: Yes.
Vice Mayor Alonso: Yeah, I second this.
Mayor Suarez: Second. Call the roll.
Commissioner Dawkins: I'd like the Vice Mayor... I'm not going for this next
month. September.
Commissioner Plummer: What we are saying to you is notify us.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-496
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT NOT TO EXCEED $28,000, IN THE CONTRACT BETWEEN
THE CITY OF MIAMI, FLORIDA AND SERVICE STATION AID,
INC., DATED NOVEMBER 15, 1990, FROM $60,921.40 TO AN
AMOUNT NOT TO EXCEED $88,921.40, FOR THE HEAVY
EQUIPMENT FACILITY ENVIRONMENTAL CONSULTING /
CONSTRUCTION SERVICES PROJECT B-5579, CAPITAL
IMPROVEMENT PROJECT NO. 311009, WITH SAID FUNDS TO BE
PROVIDED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO.
10938, AS AMENDED, FROM FUNDS ALREADY APPROPRIATED TO
THE PROJECT; FURTHER RATIFYING THE CITY MANAGER'S
WRITTEN FINDING THAT THE HEREIN INCREASE RESULTED FROM
EMERGENCY CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF
FOUR -FIFTHS OF THE MEMBERS OF THE CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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.
r
299 July 16, 1992
32. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF MANOR HIGHWAY IMPROVEMENT -
PHASE III (DISTRICT H-4484).
Mayor Suarez: Item 47. Confirming assessment roll for Manor Highway
Improvement - Phase II.
Commissioner Plummer: Is there anybody here that wishes to speak to item 47?
Let the record reflect no one came forward. I move it.
Mayor Suarez: Thank you.
Vice Mayor Alonso: Second.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-497
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF MANOR HIGHWAY IMPROVEMENT -PHASE III IN
MANOR HIGHWAY IMPROVEMENT DISTRICT -PHASE III H-4484
AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT
NOT HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
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
300
July 16, 1992
33. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF N.W. 36 STREET SANITARY
SEWER IMPROVEMENT (DISTRICT SR-5549-C).
------------------------------------------------------------------------------
Mayor Suarez: Item 48.
Commissioner Plummer: Anyone wishing to speak on item 48? Let the record
reflect no one came forward. 1 move it.
Mayor Suarez: Thank you. Seconded, Commissioner Dawkins. Call the roll.
Commissioner Dawkins: Yes. Second.
Mayor Suarez: Thank you.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-498
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF N.W. 36 STREET SANITARY SEWER
IMPROVEMENT IN N.W. 36 STREET SANITARY SEWER
IMPROVEMENT DISTRICT SR-5549-C AND REMOVING ALL
PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY
CERTIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
301 July 16, 1992
0
34. AUTHORIZE INCREASE IN CONTRACT WITH W.R.T. INC. ($10,000) -- FOR
PROFESSIONAL DESIGN SERVICES FOR THE SOUTHEAST OVERTOWN f PARK WEST 7TH
AND 9TH STREET MALL PROJECT (CIP 341176) -- RATIFY MANAGER'S FINDING OF
EMERGENCY CIRCUMSTANCES.
Mayor Suarez: Item 51.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved. Ten thousand dollars.
Commissioner Plummer: Fifty-one? Oh, here it is.
Vice Mayor Alonso: Same thing.
Commissioner Dawkins: Yep. Um-hmm.
Vice Mayor Alonso: Authorizing an increase in the contract amount not to
exceed $10,000. This is a constant thing.
Commissioner Dawkins: And the one down below is the same thing, for $62,000,
but it's Overtown...
Mayor Suarez: What is it...
Commissioner Dawkins: And it's Overtown, that mall, and we've been promising
those people that we were going to get it done.
Mayor Suarez: When does it open, Jack?
Mr. Jack Luft: Next week. Next week.
Mayor Suarez: I'm not asking, I'm not suggesting, I'm not insinuating, I'm
not intimating that you speed it up in any way and spend more money to
speed...
Mr. Luft: No.
Mayor Suarez: I just want to know when.
Mr. Luft: This is... —
- = Mayor Suarez: All right.
Mr. Luft: ... next week.
Mayor Suarez: Just so nobody later says that you are speeding it up... -
�j
Mr. Luft: No.
302 July 16, 1992
Mayor Suarez: ... because we want to have a celebration.
Mr. Luft: No. It's on time.
Mayor Suarez: But it would be nice to complete it. It would be nice to have
a celebration.
Vice Mayor Alonso: But the other one was.
Mayor Suarez: Right. I would suspect. Moved and seconded by Vice Mayor
Alonso. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-499
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT NOT TO EXCEED $10,000, IN THE CONTRACT BETWEEN
THE CITY OF MIAMI, FLORIDA AND W.R.T. INC., DATED JULY
2, 1990, FROM $103,000.00 TO $113,00.00 FOR
PROFESSIONAL DESIGN SERVICES FOR THE SOUTHEAST
OVERTOWN/PARK WEST 7TH AND 9TH STREET MALL PROJECT,
CAPITAL IMPROVEMENT PROJECT NO. 341176, WITH SAID
FUNDS TO BE PROVIDED FROM THE CAPITAL IMPROVEMENTS
ORDINANCE NO. 10938 FROM FUNDS ALREADY APPROPRIATED TO
THE PROJECT; FURTHER RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S WRITTEN FINDING BY AN
AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING
THAT THE HEREIN INCREASE RESULTED FROM EMERGENCY
CIRCUMSTANCES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
303 July 16, 1992
r
35. AUTHORIZE INCREASE IN CONTRACT WITH P.N.M. CORP. ($62,000) -- FOR THE
SOUTHEAST OVERTOWN / PARK WEST 7TH AND 9TH STREET MALL PROJECT B-4545
(CIP 341176) -- RATIFY MANAGER'S FINDING OF EMERGENCY CIRCUMSTANCES.
Commissioner Dawkins: Item 52. I move it for the same reason, and the only
reason is because it's Overtown/Park West, and it's the mall, and we have been
promising those people to get this done.
Mayor Suarez: Item 52 has been moved.
Vice Mayor Alonso: Second.
Commissioner Dawkins: But I'm not going through all these again.
Mr. Jack Luft: Mr. Mayor. Could we have... I need a small correction in
that.
Mayor Suarez: Yes.
Mr. Luft: The CIP (Capital Improvement Project) Office has asked me to
include the CIP account 689001 as part of the funding on this increase.
Mayor Suarez: Right. So moved and seconded. That's presumably a tax
increment district account? Yes, and from the Capital Improvement Project
number as stated. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-500
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT NOT TO EXCEED $62,000, IN THE CONTRACT BETWEEN
THE CITY OF MIAMI, FLORIDA AND P.N.M. CORPORATION
DATED AUGUST 1, 1991, FROM $1,808,581.55 TO
$1,870,581.55 FOR THE SOUTHEAST OVERTOWN/PARK WEST 7TH
AND 9TH STREET MALLS PROJECT B-4545; PROVIDING FUNDS
THEREFOR FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS
PROJECT NO. 3411769 "SOUTHEAST OVERTOWN/PARK WEST 7TH
AND 9TH STREET MALLS", IN THE AMOUNT OF $38,000 AND
PROJECT NO. 689001, "SOUTHEAST OVERTOWN/PARK WEST TAX
INCREMENT FUND", IN THE AMOUNT OF $24,000; FURTHER
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
WRITTEN FINDING BY AN AFFIRMATIVE VOTE OF FOUR -FIFTHS
OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY
ADVERTISED PUBLIC HEARING THAT THE HEREIN INCREASE
RESULTED FROM EMERGENCY CIRCUMSTANCES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
304 July 16, 1992
AiAkL
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr. -
Vice Mayor Miriam Alonso =
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
36. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION FOR —_
CLOSURE OF DESIGNATED STREETS RELATED TO THE GRAND OPENING CEREMONY FOR
THE SOUTHEAST OVERTOWN / PARK WEST MALLS (See labels 41 & 54).
Mayor Suarez: Item...
Mr. Jack Luft: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Luft: I had asked, on behalf of the Downtown Development Authority (DDA)
who's helping me on this, to have a resolution introduced so that I could
close the street on 9th and serve beer and wine for our celebration on the
29th for the opening.
Mayor Suarez: I'll entertain a motion on that.
Commissioner Dawkins: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded by the Vice Mayor. Call the roll.
Commissioner Plummer: Which number?
Mr. Luft: This is an item to close the street for our...
Mayor Suarez: Extraordinary item to be able to have the celebration.
Commissioner Dawkins: .lack Luft's item.
Commissioner Plummer: What?
Commissioner Dawkins: Jack Luft's item.
Mayor Suarez: Just to be able to close the mail and have beer and wine that
night.
305 July 16, 1992
Commissioner Plummer: 1 don't have a copy of it. = -
Mr. Luft: It's just for the opening ceremony.
Mayor Suarez: Beer and wine permit. You don't have to drink anything. Have
some big, huge cigarettes there like humungous ones to tempt him that day.
Mr. Luft: Well, we've got Baccardi's...
Commissioner Plummer: Wait, wait, wait. What are you voting on?
Mr. Luft: Pardon? This is a pocket item I've asked to be introduced so we... _
Mayor Suarez: An emergency item.
Commissioner Plummer: What pocket item?
Vice Mayor Alonso: His item.
Mayor Suarez: For a celebration for the mall. They just want to be able to
- close the street.
Mr. Luft: So we can have our...
Commissioner Plummer: Where is it?
Mr. Luft: On 9th Street.
Vice Mayor Alonso: His item.
Mr. Luft: For our opening.
Commissioner Plummer: Where is the matter in front of me?
Mr. Luft: I gave it to Commissioner De Yurre...
Commissioner Plummer: I do not have a copy.
Mr. Luft: Well, I'm sorry.
Commissioner Plummer: I invoke the rule.
Mayor Suarez: Why would you invoke the rule that's not...
Commissioner Plummer: Because I don't what the hell you are voting on!
Mayor Suarez: All right. Table the item. Explain to him and give him a
cigarette, too, while you are at it. �-
NOTE FOR THE RECORD: At this point, agenda items B-53
and 0-54 were wi hdrawn. -
306 July 16, 1992
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37. DISCUSS AND DEFER (FOR FURTHER INFORMATION) REQUEST BY BILLY HARDEMON,
OF HARDEMON'S MARKET, FOR BUSINESS FUNDING.
------------------------------------------------------------------------------
Mayor Suarez: Fifty-five. Billy Hardemon.
Commissioner Plummer: Are we on 54?
Mayor A!aarez: Fifty-five now.
Vice Mayor Alonso: Fifty-five.
Commissioner Plummer: All right. Hold on 55, now. I've got a lot of
documents on that. Mr. Mayor, I assume that all of you are in receipt of a
letter which was very, very derogatory, received on June the 8th, which I
forwarded on to the Administration. Mr. Hardemon, let me ask you a question,
sir.
Mr. Billy Hardemon: Yes, sir.
Commissioner Plummer: Do you work in the grocery store?
Mr. Hardemon: Yes. Every day.
Commissioner Plummer: Do you work for the County?
Mr. Hardemon: Yes. Yes, I am.
Commissioner Plummer: Are you making $30,000 a year as an inspector?
Mr. Hardemon: Yes, sir.
Commissioner Plummer: Is your wife... Where does your wife work?
Mr. Hardemon: She's a gardener.
Commissioner Plummer: A gardener?
Mr. Hardemon: Yes.
Commissioner Plummer: She does not work in the store?
Mr. Hardemon: No. My mother, my brother and my sister.
Commissioner Plummer: Your mother does?
Mr. Hardemon: Not only my'mother, sir. My mother, my brother and my sisters.
Commissioner Plummer: Did you clear up the matter, Mr. Castaneda, of giving
the City a bad check for $1,000?
307 July 16, 1992
Mr. Hardemon: No. This check is still outstanding, sir.
Commissioner Plummer: You gave the City a bad check and you are still here
asking for more money. You were given $25,000 to purchase inventory.
According to this, the money was not spent for inventory. Did you produce any
receipts? Or anything to demonstrate that you purchased inventory of the
money that was given to you? -
Mr. Hardemon: Commissioner Plummer, I did not produce receipts for the
Inventory. As I explained at the last Commission meeting, of the $25,000,
$12,000 was spent to complete the transfer of the property, $3,000 mortgage
payments, $5,000 went for stock...
Commissioner Plummer: But the money was given to you for inventory, with that
stipulation.
Mr. Hardemon: Sir, we requested $125,000.
Commissioner Plummer: No, no, no. Of the original monies you received, the
initial loan.
Mr. Hardemon: I understand your question. I'm saying...
Commissioner Plummer: OK?
Mr. Hardemon: ... during that time, we requested $125,000.
Commissioner Plummer: Based on July the 1th, have you complied with the
following? According to Miami Capital, they have asked for business financial
statement for the last three years. You have not produced it. Yes or no?
Mr. Hardemon: I was under the impression that I had filed all of the required
documents.
Commissioner Plummer: According to this letter, the five-year projection of
income and expenses incorporated the requested loan. Have you produced it?
Mr. Hardemon: To the change...
Commissioner Plummer: This is Miami Capital, sir.
Mr. Hardemon: First of all, I haven't received the document that you...
Commissioner Plummer: Business plan for compliance with job creating goals
and first source hiring.
Mr. Hardemon: Yes.
Commissioner Plummer: Loan denial letters and credit application from three
banks. I'm asking the questions because this is all on the record.
Mr. Hardemon: I understand. I understand your question, Commissioner, but we
could not get financing anyplace else. That's why... It's sad to say...
308 July 16, 1992
Mayor Suarez: But, Bill, the loan denial letters are very easy to get.
Mr. Hardemon: I was...
Mayor Suarez: I've got a whole stack of them...
Mr. Hardemon: I was never...
Mayor Suarez: ... when I tried refinance my house. Everybody denied me.
Mr. Hardemon: This is the first request that I have for denial letters.
Commissioner Plummer: Mr. Mayor,...
Mayor Suarez: No denials. You just go... It's just to establish that you
can't get the money from a private bank, is what it was. Right? Is that the
idea?
Mr. Hardemon: I mean, that's...
Commissioner Plummer: Based on the schedule C from Mr. Hardemon's personal
tax returns for 189, 190 and 191, they have prepared a basic financial
analysis of the business, underlined, which demonstrates unstable revenues and
these consecutive years of operating loss. In the absence of the projection
mentioned above, based on recent past experience, this business does not
exhibit the ability to handle any additional debt. Now, going over to the
next document. The thing called Tools for Change. They have asked you, Mr.
Hardemon, Tools for Change, for 17 different documents on July the 15th. That
happens to be today, I guess, huh? Happens to be today?
Mr. Hardemon: Yes, sir.
Commissioner Plummer: And they are saying that this loan should not be done
without the compliance of these 17 different requests. Mr. Castaneda. Tools
for Change can finalize your request for financing. We are requesting the
following. Those documents requested by the letter, which are these 17 items.
Those documents requested by the City of Miami, Mr. Castaneda. And a meeting
with you to review those documents submitted to date. Who is Miranda Albury?
Miranda Albury. You received a letter from Tools for Change.
Ms. Miranda Albury: Yes, Commissioner.
Commissioner Plummer: On July the 9th.
Ms. Albury: Yes, Commissioner.
Commissioner Plummer: Would you like to put into the record what that letter
contained?
Ms, Albury: Commissioner, basically the letter on July 9th indicated that
Tools for Change had received some documentation from Mr. Hardemon, although
it was incomplete. And, therefore, they could not make an assessment, or
determination, as to the business' ability to repay.
309 July 16, 1992
Commissioner Plummer: Do you concur?
Ms. Albury: Yes, Commissioner.
Commissioner Plummer: I move that this item be deferred until such time as
compliance of that requested by Tools for Change, the City of Miami, and Miami
Capital is complied with.
Mayor Suarez: So moved.
Commissioner Plummer: I don't see how we can do anything else in good faith.
There is also another document, which I did not go into, which I thought was
an improper terminology. 1 understand the problem, but when they are speaking
of five or six other stores in the immediate area, and for whatever reason
they criticize because they are owned by Arab people, they clearly state that
they don't feel that Mr. Hardemon can make it.
Mr. Hardemon: Excuse me, Mr. Plummer.
Commissioner Plummer: Yeah.
Mr. Hardemon: If I may. The last time I was here, you and I think
Commissioner De Yurre, requested that two appraisals of the property be made.
Commissioner Plummer: Yes, sir.
Mr. Hardemon: OK? What I would request is that the City to grant us a loan
for the appraisal amount. The City will hold the first mortgage on the
property. In other words, the mortgage, or the loan would be secured by real
property, not any lease or inventory or anything. It will be secured by real
property. Second of all, for repayment we are going to assign the lease from
the rental property of the store, which is the Chinese store, which is $450 a
month which is more than half the monthly payments for the repayment of the
loan.
-� Commissioner Plummer: But you don't have any assurances, sir, that that lease
—� will be a good lease. They could walk out on you tomorrow and you'd get
nothing.
Mr. Hardemon: Well, I can only go...
Commissioner Plummer: And that does happen.
Mr. Hardemon: Yeah, it does happen. I can only go by their past, and they
have been on time in terms of their payment. Third, as I spoke with Frank
about, I'll be wilting to sign an affidavit granting final judgment of
foreclosure without a hearing if we are in default of the loan at any time.
Commissioner Plummer: Mr. Hardemon, I hope you don't take this between you
and I as personal, sir. Because I have a basic overall philosophy that I
don't feel that the City of Miami should be in the banking business. I don't
think it's what we are about, to be banking businesses. OK? That's a
philosophy.
310 July 16. 1992
Mayor Suarez: I mean, I hate to interrupt you. But remember that Miami
Capital Development Corporation is a lending agency that's our agency.
Commissioner Plummer: That is correct, sir. That's them. OK? Not us.
Because everything that we have turned to in the way of banking and loaning to
companies, has gone, unfortunately, bottom up. All right?
Mayor Suarez: But...
Commissioner Plummer: But I'm saying, as my basic...
Mayor Suarez: ... the monies that we receive typically from EDA (Economic
Development Administration) or from CDBG (Community Development Block Grant)
to lend to people is to higher risk ventures than the ones that the savings...
Commissioner Plummer: To Miami Capital, sir, I have no problem. Because they
are set up to get the money back. It is a revolving loan fund. I have no
problem with that. There is monies provided by the Federal government that
they can do that. I think the City should not be about the business of
funding.
Mayor Suarez: We should never overrule Miami Capital's recommendations. Is
-- that what you are saying?
Commissioner Plummer: I'm saying, sir, that I don't think we, the City of
Miami, should be about the business of funding businesses. Because, you know,
everybody...
Mayor Suarez: No, with the general fund, of course not. But, I mean, with
CDBG funds, or EDA funds, or whatever funds Miami Capital comes into.
Commissioner Plummer: But, here again, in this particular case Miami Capital
has turned them down. OK?
Mayor Suarez: The current recommendation from Miami Capital is negative. And
Tools for Change seems to have made a list of, what, 17 items you referred to?
Commissioner Plummer: Yes, sir. That was requested.
Mayor Suarez: I thought Tools for Change, the idea was to facilitate the
obtaining of loans, not to set up all of the norms that would have to be
satisfied, or is that part of the facilitating, I guess, that they do?
Ms. Albury: Basically, Mayor Suarez and City Commissioners, what Tools for
Change did was to assemble the information, but because it was... the
information wasn't adequate, or should I say incomplete, they were unable to
make an assessment of whether...
Mayor Suarez: But did they help them walk through and get some of the
documentation that they are referring to there, or do they just make lists of
things that you can't comply with? I mean, I wish Elaine was here because I
would ask her.
311 July 16, 1992
s
Mr. Albury: Based on my conversations with Elaine Black, she indicated that
she had been talking with Mr. Hardemon, or meeting with him. Ed Walker from
her staff trying to assemble all of those documents and put them together.
Mayor Suarez: Are they helping you, Bill?
Mr. Hardemon: Yes. They have been pretty helpful. And as I said, yesterday
is the date of that letter with all of the other items that they say that I
needed. But I'd just like to reiterate that I know the City does make loans.
Sometimes unsecured loans. My loan was the only loan in the Liberty City
program that was backed by real property.
Mayor Suarez: Is that correct? That was the only one backed by real
property?
Ms. Albury: Yes.
Commissioner Plummer: No, that's not true.
Ms. Albury: In the Model City pilot loan program, that was the only loan..
Commissioner Plummer: Oh, I'm sorry. In the Model City program. All right.
Yes.
Mayor Suarez: And now he's proposing to give us a first position on the
building and an assignment of all the lease payments on - what is it? - a
Chinese...
Mr. Hardemon: On the Chinese restaurant.
Mayor Suarez: ... restaurant.
Mr. Hardemon: In addition to signing the affidavit granting final judgement
of foreclosure.
Mayor Suarez: So we could go quickly and take your property if you don't pay.
Mr. Hardemon: Without a hearing. Without a hearing.
Commissioner Plummer: Yeah, but you see here's my problem.
Mayor Suarez: Well, I have no problem with your motion, by the way. I think
a lot of these other things have to be fulfilled.
Commissioner Plummer: Well, Mr. Mayor,...
Mayor Suarez: The motion is to defer, I think.
Commissioner Plummer: ... my problem is why is there a reluctance on this
part? Bijan downtown, who is operating on City property, there was the uemand
and the requirement for his loan that he had to put up his house. OK? But
it's not the case here. When I asked the other day, was this gentleman
willing to take the same risk as others, it was said, "Oh, don't put up your
house.0
312 July 16, 1992
Mr. hardemon: No, Mr. Plummer, if there sufficient equity in my house to do
that, 1 would. This is a family -oriented business. Our house has been put up
already to secure the property in the first place. You know, to get access to
the property. My mother mortgaged her house. I mean, if you are just
interested in that. But, again, all we can do is to say that we have
property, we asked for a loan to match the value of the property. If we do
not pay it, the City has some property that your department has gotten -_
appraisals on, and it's not something that's just based on voodoo economics.
It's...
Mayor Suarez: What did the appraisal come in at?
Ms. Albury: One appraisal came in at $79,500 and the other appraisal was for
$90,000.
Mayor Suarez: And what is the total value of the new indebtedness that he
would have collaterized by this property?
Mr. Pablo Cisneros: Well, he was asking for $120,000 out of which he wanted
to restructure the loan for $25,000 has never been paid.
Mayor Suarez: So he would owe $145,000. Is that what you are saying?
Mr. Cisneros: Yes. The building is right now in foreclosure.
Commissioner Plummer: It's in foreclosure?
Mr. Cisneros: Yes, sir.
Mayor Suarez: That first mortgage that we would pay off is now being
foreclosed?
Mr. Cisneros: Yes, sir.
Commissioner Plummer: Yeah, but you see here's the problem, Mr. Mayor.
Immediately when he gets that loan, $15,000 of this money goes to pay back
taxes.
Mayor Suarez: And the rest to pay the mortgage on that...
Commissioner Plummer: No, sir.
Mayor Suarez: ... property.
Commissioner Plummer: No, sir. It's broken down differently.
Mr. Hardemon: Yes, it does, Mr. Plummer.
Mayor Suarez: Yeah, most of it has to go to pay the mortgage.
Commissioner Plummer: To refinance the mortgage, $30,000. Back taxes,
$15,000. Pay off Crown - whatever, Crown is. Is that a mortgage?
313 July 16, 1992
Mayor Suarez: Supplier probably.
Ms. Albury: Crown Supermarket.
Commissioner Plummer: To pay off Crown, $4,000. Inventory, $35,000.
Equipment, $11,000. Building repairs, $45,000. And working capital, $20,500.
No. Reinstatement of second, with the City of Miami mortgage, $25,000. Where
does that come in? Where does the first $25,000 come in to that...
Mayor Suarez: That's our money.
Ms. Albury: That's our...
Mr. Cisneros: That's the original loan that was given, the Model City loan
pilot program.
Commissioner Plummer: But that's not included in here.
Mr. Cisneros: Well...
Mayor Suarez: Does that get paid off or does that...
Commissioner Plummer: No.
Mayor Suarez: ... just simply get added on to the indebtedness?
Mr. Cisneros: It has never been paid. Only one payment has been made and...
Commissioner Plummer: And that one bounced.
Mayor Suarez: Does that get paid off or does that simply...
Mr. Cisneros: No, it doesn't get paid off.
Mayor Suarez: ... add to the indebtedness?
Mr. Cisneros: It has to be paid. The City...
Mr. Hardemon: It can be paid. It can be paid off.
Mr. Cisneros: Excuse me.
Commissioner Plummer: Excuse me?
—' Mr. Cisneros: The City Commission...
Mr. Hardemon: It can be paid off.
Mayor Suarez: It doesn't sound like it from all the...
— Mr. Cisneros: If you allow me to.
=1 Commissioner Plummer: Who is the first mortgage holder?
314 July 16, 1992
Mr. Cisneros: The first mortgage holder...
Ms. Albury: Tiller and Associates.
Mr. Cisneros: Tiller and Associates.
Mayor Suarez: It's listed there and it's, what, thirty -some thousand?
Commissioner Plummer: Thirty thousand dollars.
Ms. Albury: Thirty thousand.
Mr. Cisneros: They owed them about $40,000 but they gave us a letter saying
that they will be willing to sell the mortgage to the City of Miami for
$30,000...
Mayor Suarez: OK. Have a question.
Mr. Cisneros: ... and that holds until July 1st.
Mayor Suarez: OK. I have a question. He was just saying something very
interesting, Pablo. You would be willing to pay off the City on the first
loan that we gave you?
Mr. Hardemon: Yes.
Mayor Suarez: From the proceeds of the second loan?
Mr. Hardemon: Yes.
Mayor Suarez: And we would end up with the first position?
Mr. Hardemon: Yes.
Ms. Albury: Yes.
Mayor Suarez: You ought to explore that. You ought to explore that.
Mr. Cisneros: Still, it's...
Mayor Suarez: And we'll get still the assignment of the lease?
Mr. Cisneros: What Frank was indicating to us is...
Mayor Suarez: I just don't know anything about inventory then, because you'd
lose your money for inventory then.
Mr. Cisneros: Again, it's a question of meeting HUD (U.S. Department of
Housing and Urban Development) guidelines which require, as of last year, that
appropriate determination be made on the loans.
Mayor Suarez: Appropriate?
Mr. Cisneros: Appropriate determination be made on the loans...
315 July 16, 1992
Mayor Suarez: And you are saying that...
Mr. Cisneros: ... and it does not meet the appropriate requirements and
that's the problem that we have.
Vice Mayor Alonso: Frank, you thought at the beginning that the property was
worth much more. Is that right.
Mr. Frank Castaneda: Yeah. Commissioner, what I've always stated to Mr.
Hardemon is that, you know, we are in a foreclosure position with them. We
are moving to foreclose. We are in a second position. Obviously, the first
mortgage holder is in a much better position than the City of Miami. The only
thing, the maximum thing that I could recommend is acquiring the first
mortgage for $30,000 in order to protect our second position. That is all.
Mayor Suarez: How much is the loan request right now?
Commissioner Plummer: A hundred and twenty thousand dollars.
Mr. Castaneda: What I would, you know,...
Mayor Suarez: And how much is owed in taxes?
Commissioner Plummer: Fifteen.
Mr. Castaneda: Fifteen. So...
Mayor Suarez: To City, County and School Board. I mean, everybody.
Commissioner Plummer: It doesn't say.
Vice Mayor Alonso: And you say $30,000.
Mr. Hardemon: That's total.
Mayor Suarez: Real estate taxes. Right?
Mr. Castaneda: Thirty thousand dollars for the...
Ms. Albury: First position.
Mr. Castaneda: ... first mortgage. We can buy the first mortgage for $30,000
and I believe that they owe about $15,000 in taxes. So, you know, by giving
out $45,000, we would protect our $25,000.
Commissioner Plummer: Excuse me, Frank. You don't know that because you
haven't got any financial statements.
Mr. Castaneda: Oh, no. I'm just talking about a real estate deal. No, we
know about the taxes.
Mayor Suarez: They got an estoppel letter from the first mortgagee. For
$30,000, we could take over the first position.
316 July 16, 1992
Commissioner Plummer: How long is the City of Miami's loan been without a
payment? When was the first payment?
Mayor Suarez: They only had one payment.
Mr. Cisneros: The last payment was...
Commissioner Plummer: No. When was the first...
Mr. Cisneros: The last payment was made on October, 1990.
Vice Mayor Alonso: The first and only.
Mr. Cisneros: The last and only payment.
Commissioner Plummer: So it's been almost two years...
Mr. Cisneros: Yes, sir.
Commissioner Plummer: ... since... And how much did he pay prior to that?
Vice Mayor Alonso: He didn't.
Mr. Cisneros: No. He paid some money. About $359.25. That's the only
payment he made out of the $25,000.
Commissioner Plummer: You know, where do you... You know, you have to look,
Mr. Mayor, at what that business has grossed in the last three years. He made
a $7,000 profit in 189...
Mayor Suarez: No, I think we've come up with a solution. You moved to defer.
They are recommending that we take over the first position, that we pay the
taxes. It will be another $45,000 but at least we will be in a position of
owning this property and maybe he can operate out of there. I don't know
where he's going to get the money for inventory and somehow manage to pay us.
So that's...
Mr. Cisneros: The other problem that we have is that the City Commission,
back in September or October, requested the City Attorney to go ahead and file
foreclosure judgment.
Mayor Suarez: Well, if we end up in the first position, we are going to be
foreclosing on ourselves, guys. So, if we decide to choose that course, which
they are now suggesting...
Vice Mayor Alonso: But we are not in first position now.
Mayor Suarez: No.
Commissioner Plummer: No. Absolutely not.
Mayor Suarez: We have to do it by paying $30,000 plus the taxes.
317 July 16, 1992
Mr. Cisneros: But stilt...
Mayor Suarez: Sounds like a good idea.
Mr. Cisneros: ... he has to come...
Mayor Suarez: And he might be able to operate out of there, if he get some
other funds for inventory.
Commissioner Plummer: Mr. Mayor, in the last three years if, 1n fact, these
statements are correct, he has made a total gross profit of less than $50,000
in the last three years.
Mayor Suarez: Commissioner Plummer, you have a motion to defer.
Commissioner Plummer: Yes, sir.
Mayor Suarez: Do you still have a motion to defer? Or do you now want to go
into his cash flow analysis? Because if you want to go into that...
Commissioner Plummer: Sir, I just...
Mayor Suarez: I suggest, sir, that you do it between now and the next
Commission meeting and that you make a recommendation to us as to whether we
should give him any additional monies or simply take the first position on his
building.
Commissioner Plummer: That's their job.
Mayor Suarez: OK.
Commissioner Plummer: I don't get paid to do that.
Mayor Suarez: We have a motion to defer? Do you want to second?
Vice Mayor Alonso: Yes.
Mayor Suarez: Vice Mayor. Call the roll on that, and try to work...
Commissioner Dawkins: What's the motion?
Mayor Suarez: To defer...
Vice Mayor Alonso: To defer.
Mayor Suarez: ... and for further analysis. They have a whole new idea that
maybe they ought to explore and recommend back to us.
318 July 16, 1992
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-501
A MOTION TO DEFER AGENDA ITEM B-55 (PERSONAL
APPEARANCE BY BILLY HARDEMON, OF HARDEMON'S MARKET,
CONCERNING HIS FUNDING REQUEST) FOR FURTHER
INFORMATION; FURTHER REFERRING THIS ISSUE BACK TO THE
ADMINISTRATION, REQUESTING THE MANAGER TO COME BACK
WITH A RECOMMENDATION.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner De Yurre: Mr. Mayor.
Mr. Hardemon: Just one point...
Mayor Suarez: I'm sorry. It is built into that... Do we have to actually
formally do it, that we don't foreclose on the second...
Ms. Albury: Yes.
Mr. Cisneros: Well, the problem is, number one, is that the City Commission
requested that we go after a judgment against Mr. Hardemon.
Commissioner Plummer: Well, excuse me.
Mayor Suarez: OK. That's why I'm asking. Is that understood, Commissioners?
Commissioner Plummer: Excuse me. No foreclosure until a final decision is
made by.this Commission.
Mayor Suarez: OK. Thank you. Billy.
Vice Mayor Alonso: Of course, the property is...
Mayor Suarez: That helps.
Mr. Hardemon: It helps, but the...
Mayor Suarez: You got another month and a half.
319 July 16, 1992
Mr. Hardemon: ... the property tax is something that would need to be dealt
with.
Commissioner Plummer: Well, there's two other entities involved, Billy. We
can't defer the County and the School Board.
Mayor Suarez: We are considering paying that, too, so we are...
Commissioner Plummer: If they are going to sell your liens on the courthouse
steps, we can't stop that.
Mayor Suarez: We are considering paying those and taking over a first
position to protect ourselves, and that may benefit you.
Commissioner Plummer: Is that the $15,000 in taxes?
Mr. Hardemon: Yes.
Commissioner Plummer: You don't owe anything in sales tax or income tax?
Mr. Hardemon: That's all...
Commissioner Plummer: Altogether?
Vice Mayor Alonso: Altogether.
Mr. Hardemon: ... the taxes together, Commissioner.
Commissioner Plummer: OK.
Mayor Suarez: Yeah, they are looking to recommend our paying that off, too,
so we have a totally clear first position on that building. OK. And work
with Tools for Change and see if we can get some other financing elsewhere
because the City is pretty much into this property already. Even though it
was the only one collaterized, as you said. So. I mean, that's something to
be said for it.
------------------------------------------------------------------------------
38. (Continued Discussion) RECONSIDER PRIOR VOTE (M-92-492) WHICH INSTRUCTED
MANAGER TO WITHHOLD PAYMENT TO URBAN CONSTRUCTORS, INC. FOR WORK
PERFORMED AT CURTIS PARK PENDING FURTHER INFORMATION -- ALLOW
ADMINISTRATION TO CONTINUE NEGOTIATIONS -- DELEGATE TO MANAGER ULTIMATE
DETERMINATION FOR PAYMENT OR NONPAYMENT TO URBAN CONSTRUCTORS, INC. (See
label 29).
------------------------------------------------------------------------------
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Item fifty...
Vice Mayor Alonso: Six.
-_ 320 July 16, 1992
t#_
Commissioner De Yurre: Mr. Mayor, if I may.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: Before we go into any next item, I have here Mr.
Thermilus of Urban Construction [sic], that I guess he heard what went on a
little while ago. So, he's here to kind of respond to some of the comments
that were made earlier.
Mr. Jacque Thermilus: I'm Jacque Thermilus, Urban Constructors. I'd like to —_
address Mr. Plummer's accusation. Being a black company, I would appreciate
in the future that is done... I'll wait till he's ready.
Mayor Suarez: That's the reason that I voted against it. I don't know. The
motion...
Commissioner Plummer: I'm sorry, sir. What was...
Mayor Suarez: that we previously passed where he was not present to
defend his company's performance.
Mr. Thermilus: I'm the president of Urban Constructors. You made some
allegations earlier?
Commissioner Plummer: Yes, sir. I sure... No, I'm sorry. I did not make
them, sir. The Administration made them in this memorandum. Would you like
to see it?
Mr. Thermilus: Sure.
Commissioner Plummer: That you have stuck all of these people.
Mr. Thermilus: Exactly. Do you know why?
Commissioner Plummer: No, sir. I have no idea why.
Mr. Thermilus: OK. Let me explain to
you. First of all,...
'F
Commissioner Plummer: May just for
y I j
the record? This d from
samemo date the
Administration June the 19th, 192. "Pursuant
to your request, is a list of
subcontractors working on Curtis Park projects that have sent a complaint
notice to the Public Works concerning
their general contractor." And every
one of them for nonpayment, sir.
_, y
Mr. Thermilus: Exactly.
- h
-`
+
Commissioner Plummer: And that's what
I brought out.
-i
i
�3
Mr. Thermilus: OK. Let me explain to
you.
a
1
-!'
Commissioner Plummer: Sure.
-i
Mr. Thermilus: First of all, the City
of Miami owe us almost a hundred grand.
321 July 16, 1992
11
Commissioner Plummer: I'm sorry?
Mr. Thermilus: One hundred thousand.
Commissioner Plummer: They owe you for what?
Mr. Thermilus: For this job right here.
Commissioner Plummer: Oh. OK.
Mr. Thermilus: OK? Our contract states that we don't pay a subcontractor
till we get paid. That's our contract.
Commissioner Plummer: We always hold ten percent (10%). You know that.
Mr. Thermilus: OK, that's fine.
Commissioner Plummer: That's a part of the contract.
Mr. Thermilus: So that's ninety thousand. OK? We owe sixty -something
thousand. When we get paid, we'll pay the subcontractors. African Square
Park, we completed that six months ago. You just found the funding to pay us
extra work orders three weeks ago. And some of these changes - I brought
every one of those copies - some of them have just been approved. The work
was done three months ago. So I feel that's... Five months ago. I'm sorry.
Commissioner Plummer: Sir, if you have...
Mr. Thermilus: But I just want to make sure we put on the record so that way
when people see this,...
Commissioner Plummer: If you have a complaint against the Administration for
not paying you, you should have diligently brought that to the attention of a
Commissioner or brought it in the form of a letter.
Mr. Thermilus: Well, they were working...
Commissioner Plummer: I'm saying to you, sir, that the Administration...
Mayor Suarez: Consider, so that we don't have him on the spot on this, that
we take up his complaints and the City's complaints against him at another
time. We don't need to have on the record that his company could never be
contracted with again. We don't need that. We have not gone into this...
Commissioner Plummer: We haven't done anything on that issue.
Mayor Suarez: Well, we did. We passed a motion...
Mr. Thermilus: That's right.
Commissioner Plummer: ... not to pay him until the...
Vice Mayor Alonso: Withhold payment.
— 322 July 16, 1992
Mayor Suarez: I think we passed a motion, maybe I'm mistaken, but I think we
passed a motion.
Commissioner Plummer: As far as not doing business with him again...
Vice Mayor Alonso: Withhold payment.
Mayor Suarez: I think we passed a motion. Maybe I'm mistaken, but I think we
passed a motion that said that we don't want to...
Commissioner Plummer: That's all we said. Withhold payment.
Mr. Joseph Lovermi: Let's hear it out. We are here. Let's hear it out.
Mayor Suarez: Waitl Who are you, sir?
Mr. Thermilus: He's...
Commissioner Dawkins: He's the GC (general contractor).
Commissioner Plummer: Who are you?
Mayor Suarez: Sir, you may not just speak any time you want.
Mr. Joseph Lovermi: I'm sorry.
Mayor Suarez:
We are
trying to help the situation and you are
interrupting.
Now, come on,
please.
Commissioner
Plummer:
No, no, no. May I ask...
Mayor Suarez:
What exactly did we pass before?
Commissioner
Plummer:
May I ask...
Mayor Suarez:
Maybe I'm
mistaken, but I thought...
Vice Mayor Alonso:
Withhold payment.
Commissioner
Plummer:
Who is this gentleman? I'd like to know, and what
capacity?
Mayor Suarez:
Give us
your name, sir, and address.
Mr. Lovermi:
My name
is Joseph Lovermi, vice president, Urban
Constructors,
and project manager on
this project.
Commissioner
Plummer:
And what percentage of Urban Contractors
[sic] do you
own, sir?
Mr. Lovermi:
Forty-nine percent (49%).
Commissioner
Plummer:
And who owns fifty-one?
323 July 16, 1992
Mr. Lovermi: Jacque Thermilus.
Commissioner Plummer: He is the sole owner of fifty-one percent (51%)?
Mr. Lovermi: Yes, sir.
Commissioner Plummer: And he holds the certificate of competency?
Mr. Lovermi: I hold the certificate of competency.
Commissioner Plummer: No, sir. That's not appropriate. The minority
contractor who is the minority contractor according - Mr. City Attorney - has
to hold the certificate of competency. Am I correct or am I wrong?
Mr. Thermilus: I think you are wrong.
Commissioner Plummer: Well, excuse me. You are not my City Attorney.
Mr. Rafael Diaz: I'm sorry. I would have to check the statutes. I'll get...
Commissioner Plummer: You have to check that? Did we not... Excuse me, Mr.
Mayor, did we not say that the minority owner had to hold the certificate of
competency?
Vice Mayor Alonso: I think we did.
Commissioner Dawkins: Yes, we did.
Commissioner Plummer: See, this where...
Commissioner Dawkins: Yes, we did. Yes, we did.
Vice Mayor Alonso: We did.
Commissioner Plummer: OK. Fine. You see...
Mayor Suarez: I don't what context, I don't know under what code, I don't
know anything about what you are talking about.
Commissioner Dawkins: OK. Let me help you understand it. OK?
Commissioner Plummer: Hey.
Commissioner Dawkins: Wait a minute.
Conrnissioner Plumper: How did they get it?
Commissioner Dawkins: When a tot of ladies were coming up here...
Vice Mayor Alonso: Yes.
Commissioner Dawkins: ... as minority contractors,...
Commissioner Plumper: That's right.
324 July 16, 1992
Commissioner Dawkins: ... I passed a motion...
Vice Mayor Alonso: Yes.
Commissioner Dawkins: ... that whether they were female, black or male
Latins, the individuals claiming to be the minority owner, must hold a
certificate of competency.
Commissioner Plummer: That's right. _
Vice Mayor Alonso: That's right.
Commissioner Dawkins: If it's an electrician, then the lady must be a GC,
have a license for electrical contracting.
Mayor Suarez: Let me just ask...
Commissioner Plummer: Would you hold for one minute?
Commissioner Dawkins: That was passed...
Mayor Suarez: No, I think we passed a motion...
Commissioner Dawkins: That was passed by this Commission.
Mayor Suarez: I think we passed the motion...
Commissioner Plummer: Would you hold for one minute?
Mayor Suarez: Pleasel Pleasel I think we passed a motion to that effect. I
don't think, necessarily, it's before us. Has that been input into any kind
of an ordinance that would apply to his contract?
Commissioner Plummer: No. Mr. Mayor, my question - and I ask for this - 1s I
think it is most important that the City Manager be here. This is a very
important issue with some deep -reaching ramifications, and I'd ask where Mr.
Odio is.
Mayor Suarez: I am going to table the issue.
Commissioner Plummer: Where is Cesar?
Mayor Suarez: The issue is not before us. So, please.
Mr. Thermilus: Mr. Mayor.
Mayor Suarez: Jacque, deal with the Administration on that. I don't believe
that's a requirement at this time, on this contract by ordinance.
Conmissioner Plummer: Oh, I think it is.
71 Commissioner Dawkins: What I need to know...
325 July 16, 1992
Commissioner Plummer: I'm sorry.
Mr. Thermilus: Mr. Mayor.
Commissioner Plummer: If this man is...
Mr. Thermilus: Mr. Mayor.
Commissioner Plummer: If this man is the minority fifty-one percent (51%)...
Mr. Thermilus: Mr. Mayor.
Mayor Suarez: Pleasel Pleasel
Mr. Thermilus: Let me say one thing.
Mayor Suarez: Pleasel Pleasel Lookl This is my ruling. I've got to get
this agenda done, folks. The determination was made not to pay your company.
Now there's an issue presented of what percentage any...
Mr. Thermilus: He did it.
Mayor Suarez: ... minority must own...
Mr. Thermilus: lie discredited me earlier.
Mayor Suarez: Yes, I know that.
Mr. Thermilus: I'm going to tell it like this.
Mayor Suarez: And you have begun to explain that.
Mr. Thermilus: I'll put it on the record.
Mayor Suarez: You've begun to explain that.
Mr. Thermilus: If he does not apologize...
Commissioner Plummer: How did I threaten him?
Mr. Thermilus: ... tomorrow, I will file a lawsuit.
Commissioner Dawkins: All right. Well, go...
Mayor Suarez: Please! Pleasel Pleasel
Mr. Thermilus: Because that's not right.
Mayor Suarez: Jacque, we are going to table...
Commissioner Plummer: How did I threaten?
Mr. Thermilus: No, you...
326 July 16, 1992
Mayor Suarez: Jacque, I didn't say that we are going to determine for... I
just need more information...
Mr. Thermilus: Mr. Mayor.
Mayor Suarez: ... from the City Attorney, and they have to...
Mr. Thermilus: I just got one thing to say. First of all, black, white, it
doesn't matter. The issue is that you owe me money, you didn't pay me, and
he's telling me I didn't pay my subcontractors.
Commissioner Plummer: Sir.
Mr. Thermilus: First of all, you made that accusation. You'll hear from my
attorney tomorrow.
Commissioner Plummer: Sir. I did not make...
Mr. Thermilus: Because that's not rightl
Commissioner Plummer: I did not make the accusation.
Mr. Thermilus: OK?
Commissioner Plummer: I gave you...
Mr. Thermilus: And, Miller, I'm not talking about black and white. I'm
talking about my money you owe me.
Commissioner Plummer: Sir.
Mr. Thermilus: That's bottom line.
Mayor Suarez: Pleasel Pleasel
Commissioner Dawkins: All I need to know, I don't owe you...
Mr. Thermilus: Hundred thousand dollars, right here.
Mayor Suarez: The City. The City.
Mr. Thermilus: That's the bottom line.
Commissioner Plummer: Sir, would you like...
Commissioner Dawkins: I don't owe you anything.
Mayor Suarez: Please. You are not helping your cause.
Commissioner Dawkins: OK?
Mayor Suarez: You are not helping your cause.
Commissioner Plummer: Would you like a copy of the memo?
327 July 16, 1992
Mayor Suarez: Commissioner Plummer, please. You have introduced another
whole topic. Please work that out with the City Attorney.
Commissioner Dawkins: Well, let me ask a question.
Mayor Suarez: Commissioner Dawkins. Please.
Commissioner Dawkins: Let me ask a question. The issue was the payment of
$25,000. Was that not the issue earlier today?
Commissioner Plummer: No. Additional monies, yes.
Commissioner Dawkins: No, no. I wouldn't care whether it was last week.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Dawkins: Wait a minute.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Dawkins: OK. But, the issue was that not to pay $25,000. Is
that what...
Mayor Suarez: In additional costs.
Commissioner Dawkins: Is that what it was?
Mayor Suarez: That was the initial issue. But we passed a motion.
Commissioner Dawkins: But nobody has denied this gentleman's statement that
we owe him $100,000.
Commissioner Plummer: Nobody has denied that.
Commissioner Dawkins: But see... But yet, he's getting all hot in the air
about what is what and what, and he says we owe him $100,000.
Commissioner Plummer: He's correct.
Commissioner Dawkins: Now, when nobody over there has said why he has not
been paid.
Mr. Thermilus: Because you were trying to find the money.
Commissioner Dawkins: Wait a minutes I'm not talking to you. I'm talking to
the staff. Why hasn't he been paid?
Mr. wally Lee: Commissioner, one... The only time I addressed an issue of
nonpayment was, there was a complaint lodged by Recio Landscaping.
Commissioner Dawkins: And that complaint was for a $100,000.
Mr. Lee: No, sir.
328
July 16. 1992
a
11
Commissioner Dawkins: One complaint was for a hundred...
Mr. Lee: No, sir.
Commissioner Dawkins: ... thousand dollars.
Mr. Lee: No, sir. It was not.
Commissioner Dawkins: Well, see. Well, don't mix apples and oranges.
Commissioner Plummer: Wait a minute. Excuse me.
Commissioner Dawkins: You owe... The man says...
Commissioner Plummer: You are saying you addressed one...
Commissioner Dawkins: ... the City of Miami owes him $100,000. Now...
=1
Mr. Lee: Commissioner,
you asked...
Commissioner Dawkins:
... somebody over
there is
making him out a liar.
Mr. Lee: You asked which contractors
had said
that they had not been paid.
That's the listing that
we gave you.
=
Commissioner Plummer:
OK. But did
you not
address more than one for
nonpayment? That these
were complaints
received
by these subcontractors.
_f
Mr. Lee: My staff has
been addressing
that.
Commissioner Plummer:
But did you not
give this
to me?
-�
l
Mr. Lee: Yes, but read
it...
Commissioner Dawkins:
Mr. Mayor.
—�
Mr. Lee: Commissioner,
let's put it on
the record.
Commissioner Dawkins: Mr. Mayor. Mr. Mayor.
Mr. Lee: What does it...
Mayor Suarez: We've got to resolve this elsewhere.
Commissioner Dawkins: Mr. Mayor.
Commissioner Plummer: Pursuant to your request, is a list of subcontractors
working on Curtis Park projects that have sent a complaint notice to the
Public Works concerning their general contractor.
Mr. Lee: That is correct.
329 July 16, 1992
Commissioner Plummer: They list them and then the third column, nature of
notice. Nonpayment. Nonpayment. Stop work. Nonpayment. Nonpayment.
Nonpayment. How many times I got to repeat it?
Commissioner Dawkins: But if you owe the man $100,000... I don't want that.
How can he pay?
Commissioner Plummer: Sir, have you got a copy of this?
Commissioner Dawkins: If we owe him $100,000, how can he pay the subs for
doing the work that he put in the purchase order to get the money?
Mr. Lee: Commissioner, part of that alleged $100,000, I know we have at least
ten percent (10%) retention which is...
Commissioner Dawkins: Well, so $90,000. So you owe him... Where's the ninety
thousand? Why haven't you paid him the ninety thousand?
Mr. Lee: Commissioner, he has... Let me go back to the Recio example.
Commissioner Dawkins: No, no, no. Get through the $90,000 first. Why is
it...
Mr. Lee: Commissioner, I have to get that...
Commissioner Dawkins: ... that we stand up and belittle this man's company
saying that he cannot get $25,000 because he has not paid his subs when you
just said...
Mr. Lee: Commissioner.
Commissioner Dawkins: ... we owe him $90,000? Why?
Mr. Lee: First of all, I did not say that.
Commissioner Dawkins: What did you say?
Mr. Lee: What I was trying to give you is an example of part of this money.
Commissioner Dawkins: No, you did not. You said that we hold a ten percent
(10%) retainage.
Mr. Lee: Which is...
Commissioner Dawkins: And he said you owe him $100,000.
Mr. Lee: Well, up...
Commissioner Dawkins: Ten percent (10%) of 100 is 10,000. It's ten. When
you take 10 from 100, you get 90.
Mr. Thermilus: I could answer that question.
Commissioner Dawkins: No, see...
330 July 16, 1992
t
Mayor Suarez: OK. Wait a minute.
Mr. Lee: His base contract...
Mayor Suarez: We've got the Vice Mayor who wants to inquire.
Mr. Lee: His base contract is $465,000.
Vice Mayor Alonso: I want to ask. Has he completed the work to your
satisfaction?
Mr. Lee: No, he has not, Vice Mayor.
Vice Mayor Alonso: Then this is the issue why you haven't paid him the final
amount. -
Mayor Suarez: Right. If that's not the issue,...
Mr. Lee: That is part...
Mayor Suarez: ... we are not going to resolve it tonight. We do want to... I
ask the Commission to reconsider whatever it was that we voted on that assumed
that they were not entitled to any of the $100,000, because I think that's the
tenor of motion, which I think is an unfair motion.
Commissioner Plummer: No.
Mayor Suarez: I want to reconsider that.
Commissioner Plummer: That is not the tenor of the motion. I'm sorry.
Mayor Suarez: OK. What was the tenor of the motion? - and let's reconsider
it.
Commissioner Plummer: The tenor of...
Mayor Suarez: And then we can work out... We cannot solve tonight all of your
requests for payments. We cannot solve the complaints of the subcontractors,
and we cannot solve the issue of whether we are totally satisfied. We cannot,
Jacque.
Mr. Thermilus: Mayor, I'm not looking for the...
Mayor Suarez: We can, hopefully, reconsider a motion that implies your
company has been, in any way, negligent or dilatory or whatever.
Mr. Thermilus: Mayor. _
Mayor Suarez: Please. Let's try to get to that.
Mr. Thermilus: Mayor, one thing...
331 July 16, 1992
re 0
Mayor Suarez: What was your motion? Wait a minutel Wait a minute. What was
your motion, Commissioner Plummer? - because I don't remember.
Commissioner Plummer: Sir, the motion spoke to the issue on the agenda for
the additional $25,000.
Mayor Suarez: You went beyond that, I'm afraid, sir.
Commissioner Plummer: That was the second motion, sir.
Mayor Suarez: Right. What was that motion?
Commissioner Plummer: We denied the additional $25,000.
Mayor Suarez: Right.
Commissioner Plummer: The second motion was that no money was to be paid
until we had proof that the subcontractors had been paid.
Mayor Suarez: That was the motion?
Commissioner Plummer: That was the motion.
Commissioner Dawkins: OK. I'd like to make another motion.
Mr. Lee: And that gives us the opportunity to work it out with them.
Commissioner Dawkins: 1 would like to make a motion now. OK? And my motion
is that the contractor sit down with the Administration, bring the invoices
for the money that's owed to him for - and I'm just going to use one
discipline - plumbing. And if it's $25,000, that between now and Monday
morning, the City of Miami make out a joint check to the contractor and the
plumber for $25,000. He can pay the plumber what he owes him, and he can get
his money out of it.
Commissioner Plummer: According to the City Attorney, you couldn't do that.
Mr. Diaz: That is correct.
Mayor Suarez: So moved.
Commissioner Dawkins: If he agrees to it, we can do it. _
Commissioner Plummer: No.
Commissioner Dawkins: Why not? Go ahead.
Commissioner Plummer: You couldn't do that because it...
Mr. Thermilus: Let me speak one minute.
Mayor Suarez: We don't even have a second on that motion. So, please.
Mr. Thermilus: Just.
332 July 16, 1992
Mayor Suarez: Please. Please, Jacque. I, again, would ask that we simply
allow the Administration, in the ordinary course of business, to continue _--
negotiating with Jacque and his company, Urban Contractors, right?
Construction, contractors, whatever. Construction [sic]. And we do so, Mr.
Commissioner Plummer, by reconsidering that other motion. We don't need to ►=_
have that motion. They are not going to pay him unless they are satisfied S�
that the subs have been paid and unless they are satisfied that the work is ,
acceptable. At least there we leave here the way we started the day...
Commissioner Plummer: May...
Mayor Suarez: ... and we have...
Commissioner Plummer: May I... —
Mayor Suarez: ... an opportunity to deal with the Administration and why you
think you have not been paid, Jacque, and they have a right opportunity to try
to prove that they should not pay you this money because the City is at risk.
That's the best we can do today.
Commissioner Plummer: I would like to inquire.
Mayor Suarez: We have other items on the agenda, folks,...
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: ... and this 1s not correct...
Commissioner Plummer: Sir.
Mayor Suarez: ... to continue on this item any more.
Commissioner De Yurre: Mr. Mayor.
Commissioner Plummer: Sir.
Mr. Thermilus: I need to be heard.
Commissioner Plummer: May I speak...
Mayor Suarez: No, you don't need to be heard! Commissioner Plummer. Please!
Yes, sir, Commissioner Plummer.
Commissioner Plummer: I would ask, if you would, sir, to give me a copy of
those change orders which you say are on the Curtis Park project.
Mr. Thermilus: Fine.
Commissioner Plummer: Do they amount to more than $25,000?
Mr. Therinilus: Yes, sir. I think the whole...
Mayor Suarez: Please.
333 July 16, 1992
F]
Mr. Thermilus: ... mix up...
Mayor Suarez: Please, Jacque.
Mr. Thermilus: It'll take one second.
Mayor Suarez: Would the Commission be satisfied...
Mr. Thermilus: One second.
F]
Mayor Suarez: ... with simply reconsidering that other motion, Commissioner
Plummer? So that we can get on to the next item, and the Administration can
consider...
Commissioner Plummer: If you are saying to me that the Administration will
protect this City from non-payment,...
Mayor Suarez: Yes.
Commissioner Plummer: ... I have no problem with that.
Mayor Suarez: All right. So moved by Commissioner Plummer.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Second.
Commissioner De Yurre: I'll second it, but listen. Let's...
Mayor Suarez: Yes.
Commissioner De Yurre: ... let him have a few seconds...
Mr. Thermilus: I just need one minute.
Commissioner De Yurre: ... to say what he's got to say to come to some relief
here.
Mayor Suarez: All right. Finish up with a quick one -minute statement,
please.
Mr. Thermilus: The issue...
Mayor Suarez: Things are heading your way. So, please.
Mr. Thermilus: OK. The issue is not getting paid. We've got a check coming
from the City of Miami Monday. The process is you've got to get the change
orders approved and go through the system. That's not the point. My point is
I came here because they said I didn't pay my subs. I cannot pay subs till I
get paid. We have a check for thirty --something coming from the City of Miami
next week because we've got a bond on the job. My only issue for coming up
here was to make it clear that we don't pay subs till we get paid. So the
accusation was wrong and I just want to make sure it was on record. That's
334 July 16, 1992
all. It's not about money or the twenty-five thousand, because we did
the
work. It's already signed. So whether you approve it or not, I don't
care
because we are going to get paid.
Commissioner
Plummer: You understand, I assume, that all...
Mayor Suarez:
You might not have gotten... Excuse me.
Commissioner
Plummer: May I finish?
Mayor Suarez:
Let me correct you. You might not have gotten paid with
the
resolution that was on the record right now.
Commissioner
Plummer: May I finish?
Mayor Suarez:
So we have to lift it. Yes, Commissioner Plummer.
Commissioner
Plummer: All contracts with the City of Miami that you've
ever
had retain a
ten percent (10%) which in this particular case would be
near
$100,000. We
were...
Mayor Suarez:
Ten thousand. Ten thousand.
Commissioner
Plummer: Excuse me.
Mayor Suarez:
Ten percent (10%) of 100 would be 10 then.
Commissioner
De Yurre: Not of the total project.
Commissioner
Plummer: It's a half a million dollar project, sir.
Mayor Suarez:
Oh, there's a retainage of 100?
Commissioner
Plummer: What?
Mr. Jim Kay:
Ten percent of the four sixty is forty-six thousand.
Mayor Suarez:
Fort -six. All right.
Commissioner
Plummer: Forty-six. All right.
Mayor Suarez:
Of the full amount.
Commissioner
Plummer: That is part of the retainer. Is that correct?
Mayor Suarez: Retainage.
Commissioner Plummer: OK. So all we are saying is, that's not going to be
paid until such time as the City is satisfied that the work is completed.
Mr. Kay: That's correct.
Commissioner Plummer: Now, in all fairness to this man, I think this
Commission needs to know why the other project that he did, that he was not
335 July 16, 1992
paid for. And he said it's been months since he was paid and we need to know
why. And more importantly, I want to see every one of those change orders.
OK? Every one of the change orders,...
Mayor Suarez: All right.
Commissioner Plummer: ... because that's what we've been speaking to here
today.
Mayor Suarez: As part of the Administrative overview of your pending dispute
with the City, if any, or request for payments, Commissioner Plummer is going
to monitor and review all the change orders. Make copies for him. You can
use the machine upstairs, Jacque. Because I want him to spend a lot of time
with that because he's made us spend a lot of time here today on this. So we
have a motion and a second. Any discussion? If not, please call the roll.
Commissioner Dawkins: What is the motion, please?
Mayor Suarez: It's to reconsider the prior motion and leave to the
Administration to work out the payment or the nonpayment, always with the
$46,000 retainage.
Commissioner Dawkins: Who made the motion?
Commissioner Plummer: You might recall, Mr. Mayor, that's what we tried to
work out before...
Mayor Suarez: Plummer and seconded by Commissioner De Yurre.
Corranissioner Plummer: ... and the City Attorney said we could not.
Commissioner Dawkins: Call the roll.
Commissioner Plummer: Now they are saying we can. Fine.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-502
A MOTION TO RECONSIDER PRIOR VOTE ON MOTION 92-492
(WHICH HAD INSTRUCTED THE CITY MANAGER NOT TO PAY
URBAN CONSTRUCTORS, INC. FOR WORK PERFORMED AT CURTIS
PARK UNTIL SAID COMPANY HAD GIVEN ASSURANCES TO THE
CITY THAT ALL SUBCONTRACTORS WHO HAD WORKED ON THE
PROJECT HAD BEEN PAID); FURTHER DELEGATING TO THE CITY
MANAGER ULTIMATE DETERMINATION FOR PAYMENT OR
NONPAYMENT OF MONIES OWED TO URBAN CONSTRUCTORS, INC.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
336 July 16, 1992
IV r
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Thank you.
Mr. Thermilus: Thank you. I'll bring it back to you.
-----------------------------------------------------------------------------
39. GRANT REQUEST BY CARIBBEAN AMERICAN CARNIVAL FOR CLOSURE OF DESIGNATED
STREETS, SUBJECT TO CONDITIONS, IN CONNECTION WITH ITS CARNIVAL.
------------------------------------------------------------------------------
Mayor Suarez: Item 56.
City Manager Odio: Mr. Mayor.
Mayor Suarez: That we resolve this dispute, I hope.
City Manager Odio: These people...
Commissioner Plummer: Which is 56?
Mayor Suarez: You are smiling, right?
Mr. Selman Lewis: Yeah.
Commissioner Plummer: No, sir. He's going to go away frowning. I'm sorry.
City Manager Odio: First of all, I'd like to say that the City should be paid
first.
Commissioner Plummer: That's right, and he owes us from the last one. He
hasn't paid us.
City Manager Odio: So when he pays that, then you should even consider...
Commissioner Plummer: I agree. I'll make a motion...
Mayor Suarez: Have we otherwise resolved the issue of the conflict?
Mr. Lewis: Yes, Mr. Mayor.
Mayor Suarez: OK. You want to put on the record, with name and address on
that issue at least.
337 July 16, 1992
Mr. Lewis: Selman Lewis, 1434 South Miami Avenue.
Commissioner Plummer: How much does he owe us, Al?
Mr. Lewis: Six thousand dollars.
City Manager Odio: Six thousand four hundred and thirty-eight dollars.
Commissioner Plummer: Six thousand from the previous and how much for this
one?
City Manager Odio: And we wants $25,000.
Mr. Lewis: No, no, no. That's not true.
Commissioner Plummer: No, no. How much does he owe us from the previous
occasion that he didn't pay us?
Mr. Lewis: Six thousand dollars.
Commissioner Plummer: OK. How much does he owe us for the one that he would
like to maybe do in the near future?
City Manager Odio: How much are you requesting because the budget is twenty -
give...
Commissioner Plummer: Not requesting.
advance?
Mr. Lewis: The budget is about $19,000.
City Manager Odio: Nineteen thousand.
How much does he have to pay in
Commissioner Plummer: So you owe us $25,000.
City Manager Odio: That's what I said.
Mr. Lewis: We haven't had a chance to go over the budget yet. I've been
given the preliminary budget. We have not had a chance to go over it. So I
would say...
Commissioner Plummer: OK. That's the first issue. —
Mr. Lewis: OK.
Commissioner Plummer: There's two issues here, Mr. Mayor.
Mayor Suarez: Yes.
Mr. Lewis: Commissioner,...
Commissioner Plummer: The second issue is the scheduling of Hispanic Heritage -
and the parade, keeping in mind we remember the problem that we had with the -_
"Day of the Ninos." This is a similar problem in which the Hispanic Heritage
338 July 16, 1992
El
El
has had this date and, in fact, would be somewhat adversely - according to
them - affected by the granting of this parade on the same day.
Mayor Suarez: OK. But I see that they are both getting wound up about that.
Presumably, that's why you are at the mike. But you are telling me that,
that's been resolved. How has it been resolved? Mr. Manager, if you know...
Mr. Lewis: Well, we've made the adjustments. We've met with the City of
Miami Police Department on several occasions. We've met with Community
Development.
Mayor Suarez: Don't tell me the procedure. How has it been resolved?
Mr. Lewis: We started the festival at an earlier time,...
Mayor Suarez: Right.
Mr. Lewis: ... and we have agreed...
Commissioner Plummer: Uh-uh.
Mayor Suarez: Wait, wait. Please. Let him finish.
Mr. Lewis: We started the festival last year at about 12:30, one o'clock.
This year, we start the festival at 10:00 a.m. in the morning.
Commissioner Plummer: Mr. Longueira. Where are you, sir? Come out here...
Mr. Lewis: Allow me to finish, Commissioner.
Commissioner Plummer: .,0 and tell the Commission what you told me. Mr.
Longueira.
Mr. Lewis: Will you allow me to finish?
Commissioner Plummer: Yeah, go ahead.
Mr. Lewi s: OK. We start it at 10:00 a.m. from the Dupont Plaza. We are
talking about two or three blocks north to go by Bayfront Park on Biscayne
Boulevard. The City of Miami Police Department... We are talking about two
hours and to move 15 items, or 15 floats,...
Mayor Suarez: Right.
Mr. Lewis: ... and it's more than adequate. We work with all the items that
are participating in the parade.
Mayor Suarez: OK. Fine. Fine.
Mr. Lewis: OK.
Mayor Suarez: Are you OK with that?
339 July 16, 1992
Commissioner Plummer: No, no. No, no. Wait. Whoal Whoal Mr. Mayor, may I
suggest to you, sir, that you hear the Police Department in which they made
this promise before, and tell him what happened. That they were going to
start the parade at what time and what time actually happened? Go ahead.
Give him the whole... Tell him what you told me.
City Manager Odio: Caribbean time.
Commissioner Plummer: Not Caribbean time.
Lt. Joseph Longueira: I don't know the exact time. I know that the parade
interfered with the event at Bayfront Park and Bayside.
Commissioner Plummer: And did you not indicate to me that the parade started
three or four hours later than the anticipated time, and there was a great
amount of drinking,...
Lt. Longueira: Yes.
Commissioner Plummer: ... and that there was a great amount of confrontation
with the police?
Lt. Longueira: Yes.
Commissioner Plummer: OK. Just on the record.
Commissioner Dawkins: What were they drinking? - root beer?
Lt. Longueira: No, sir.
Commissioner Dawkins: Well, then tell... See, tell me what they were
drinking.
Lt. Longueira: Alcoholic beverages were being sold on the street during the
parade.
Commissioner Dawkins: On the street?
Lt. Longueira: Yes, sir.
Commissioner Dawkins: Not in the park?
Lt. Longueira: Not in the park. On the street.
Commissioner Dawkins: Not in the park. On the street. OK. Thank you.
Mr. Lewis: Mr. Mayor, Commissioners. Last year, the issue was never what
time we would start. There was never a problem with the festival and the
parade in the park that we were aware of. We did start the festival late, but
we were never aware there was a problem. We had authorization from Bayside,
from the Port of Miami. The parade did start late, but we were never aware
there was a festival in the park and that we...
340 July 16, 1992
• s
Mayor Suarez: Actually, that festival, if I remember correctly, created all
kinds of problems of payment for us, too and you've been...
Mr. Lewis: Yeah, but we...
Vice Mayor Alonso: Ten thousand dollars it cost.
Mayor Suarez: Ten thousand dollars.
now?
Mr. Lewis: Eight years.
You've been around for how many years
Mayor Suarez: Right. All right. Eloy.
Mr. Eloy Vazquez: OK. Well, we...
Mayor Suarez: Have you worked with him to try to solve the conflict of times?
Mr. Vazquez: We tried to solve the problem. There is... Personally, I don't
think that if they start at ten o'clock in the morning, and if they have 50
floats, they can end by 11:30.
Mr. Lewis: Fifteen, Mr. Vazquez.
Mayor Suarez: Fifteen.
Mr. Lewis: One five.
Mr. Vazquez: OK. We have a meeting on the Community Development Department
with Mr. Lewis and the Police Department and the people from Bayside, the 150
merchants, and they were very concerned about... We all agreed that if they
finish by 11:30 or twelve noon, that's OK. Because also Bayside they are
going to lose their lunch time. My concern is that we never get a commitment
from the Police Department that they were going to enforce that they have...
Because they have permit from ten o'clock in the morning until 4:00 p.m. for
the parade.
Mayor Suarez: All right. . How about that? Can we figure out any way to
create an incentive here so that the parade will be over by... What time are
you promising, Selman?
Mr. Lewis: Twelve.
Mayor Suarez: By twelve. Like, we get rid of a few floats or something if
they don't make it?
Asst. Chief Arnold Gibbs: We've had a few meetings, and one of the things
stipulated in the meetings is that at twelve o'clock, should the festival not
be out of the area of Bayside, Bayfront, that the Police Department would move
to dismantle...
Mayor Suarez: Reroute the parade?
Commissioner Plummer: It would have another Haitian.
341 July 16, 1992
Mayor Suarez: The remaining floats would be rerouted.
Asst. Chief Gibbs: Right. And also... Well, we'll break off...
Mayor Suarez: But right into the Freedom Tower parking lot. -�
Asst. Chief Gibbs: We'll break off the procession.
Commissioner Plummer: You know, Arnold, how are you going to make those
people, when you are talking I'm sure four, five, six, seven thousand people, -_
you are going to go in there and say, "OK, out of the park."
Mayor Suarez: Not the park. We are talking about the floats.
Asst. Chief Gibbs: No. No, this is not... This is the part that is on the =
street. It's like a parade. It's moving.
Commissioner Plummer: You hope.
Asst. Chief Gibbs: We can reroute that. We can change... Well, the Police
Department's position is simple. We'll do everything that we can to
facilitate the event.
Commissioner Plummer: Why can't the parade be somewhere else other than that
on Biscayne Boulevard?
Asst. Chief Gibbs: I can't...
Commissioner Plummer: Why can't it be Bicentennial Park?
Mr. Lewis: Commissioner, you know...
Commissioner Dawkins: Because the Orange Bowl Parade...
Mr. Lewis: You know, I was hoping we didn't...
Commissioner Dawkins: ... is on Biscayne Boulevard, that's why.
Vice Mayor Alonso: How many floats?
Mr. Lewis: You know, Commissioner, why is it that this festival was there
last year, we didn't have a problem that we were aware of until this year.
Hispanic Heritage last year - and I'm not here to confront Hispanic Heritage.
They were on a different date. It was moved to this particular date this
year..
Mayor Suarez: All right. I...
Mr. Lewis: Now we have the problem we must facilitate ourselves to be removed
from the area.
Mayor Suarez: Selman, I think that...
342 July 16, 1992
Mr. Lewis: I thought...
Mayor Suarez: ..0 the efforts to work this out are adequate from my
perspective. Hopefully, enough for the Commissioners with the assurances
you've given to the police and to Bayside and Hispanic Heritage and the
cooperation of everybody, the worst that will happen is that you'll go a
little bit over the time, and a lot of people will be in the Bayside area
which will be good for Bayside. I mean, folks,...
Mr. Lewis: Additionally, we...
Mayor Suarez: ... we just can't do any better than this.
Mr. Lewis: We have a permit from Bayside, the parade. We have a permit from
the authorization from the Port of Miami. And we are working with the
Hispanic Heritage and we want to be able to work with them and move this
parade out of the area in a timely fashion, Commissioners.
Commissioner Plummer: This is subject...
Vice Mayor Alonso: They need to be in agreement if they...
Mayor Suarez: Yeah, if they can finish by twelve.
Vice Mayor Alonso: ... start earlier.
Mr. Vazquez: We have different meeting and always the concern is that I
personally doubt...
Mayor Suarez: Well, that's...
Mr. Vazquez: ... if they are going to end by 11:30, and I have the same
concern. If by twelve noon, you have six or seven thousand people on the
parade, this is going to create a disturbance. If you try to move the people
from the parade.
Mr. Lewis: The parade is not...
Mr. Vazquez: -We don't have any objection if they end by 11:30, but there is
no way if they start at ten o'clock in the morning that they are going to end.
Mr. Lewis: Commissioners,...
Mr. Vazquez: You have the transcript of last year, what happened last year.
Mr. Lewis: What happened last year and what we are doing this year are two
different things. The point is, the parade is not about moving the people.
It's moving the vehicles. Once the vehicles move, the people move.
Mayor Suarez: Sure.
Mr. Lewis: That's the nature of the carnival. It's a carnival. It's that
type of moving festival.
343 July 16, 1992
Vice Mayor Alonso: It's a parade.
Mr. Lewis: And we don't have a problem.
Mayor Suarez: I don't think this Commission is...
Commissioner Plummer: Oh, no, no, no. All...
Mayor Suarez: ... capable of going beyond this level of detail. We have to
leave it up to the Administration.
Commissioner Plummer: Let me understand. Mr. Manager, they have to pay the
$25,000 three days prior to the event.
City Manager Odio: Yeah.
Mr. Lewis: Three days.
City Manager Odio: Right.
Commissioner Plummer: OK.
Mr. Lewis: Three days.
Commissioner Plummer: No more of this waiting for our money after.
Mayor Suarez: OK. With that proviso, I'll entertain... Do we need any
motions on this or is this all administrative?
Commissioner Plummer: Well, that's twenty-five thousand includes the six
thousand from last year and the nineteen from this year.
City Manager Odio: That's right.
Commissioner Plummer: Correct?
City Manager Odio: Yes.
Mr. Lewis: By the way, Commissioner Plummer,...
Commissioner Plummer: Wait, wait, wait.
City Manager Odio: Yes.
Commissioner Plummer: How much... Is it twenty-five plus six? What is the
number?
Unidentified Speaker: Thirty-one.
Commissioner Plummer: Thirty-one thousand is what they owe us?
Commissioner Dawkins: No, they owe six.
344 July 16, 1992
J
Mr. Frank Castaneda: Twenty-five thousand six thirty-eight for the new
festival and six thousand four hundred thirty-eight for the old one.
Commissioner Plummer: All right. Predicated on that amount of money being
paid three days prior to the event. We made that policy. All festivals have
to pay three days in advance.
Mayor Suarez: All right. With that provi...
Mr. Lewis: Commissioner, I want you to know that we paid all City services in —
advance as you requested last year. The money...
Commissioner Plummer: Except...
Mr. Lewis: The money represents ticket surcharges that we owed.
Commissioner Plummer: You are not a little pregnant. _
Mayor Suarez: OK. All right. With that proviso, we have a motion do we?
Commissioner Plummer?
Mr. Castaneda: Commissioner.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Yes.
Mr. Castaneda: We had other conditions. That the parade must start at nine
o'clock in the morning,...
Mayor Suarez: OK.
Mr. Castaneda: ... that no alcoholic beverage be dispensed on the streets.
Mayor Suarez: OK.
Commissioner Plummer: You are funny.
Mayor Suarez: Build in all the conditions, please.
Mr. Castaneda: Clear Bayside prior, below the Port bridge entrance before
noon. They can...
Mayor Suarez: That's part of the permit, I presume, that they got from
Bayside.
Mr. Castaneda: They can stay on the north part till four o'clock and that
they provide a hold harmless and a performance bond to guarantee that they
will be out of there.
Mayor Suarez: I have... They'll sign the hold harmless, I'm sure.
Mr. Lewis: Signing it, that's fine.
345 July 161 1992
11
Mayor Suarez: Sure.
Mr. Castaneda: How about the bond?
11
Mayor Suarez: As your attorney, I'll tell you sign it. It's worth whatever
your signature is worth. All right. We have a motion and second. Any
discussion? If not, please call the roll.
Commissioner Plummer: And that's... Give me the amount, so I know the actual
amount. Thirty-one thousand.
Mayor Suarez: A little bit over thirty-one thousand.
Commissioner Plummer: Hello.
Mayor Suarez: Please call the roll. We'll figure out the amount and fill it
into the motion.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-503
A RESOLUTION RELATED TO THE CARIBBEAN AMERICAN
CARNIVAL 1992 PARADE AND FESTIVAL TO BE CONDUCTED BY
CARIBBEAN AMERICAN CARNIVAL ON SUNDAY, OCTOBER 11,
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 AND CONDITIONED UPON THE
FOLLOWING STIPULATIONS: THE PARADE MUST COMMENCE BY
9:00 A.M.; THE PARADE MUST CLEAR THE ENTRANCE TO
BAYFRONT PARK AND BAYSIDE SOUTH OF THE PORT OF MIAMI
BY 12:00 NOON; THE PARADE MUST CLEAR BISCAYNE
BOULEVARD NORTH OF THE PORT OF MIAMI ENTRANCE BY 4:00
P.M.; NO ALCOHOLIC BEVERAGES ARE TO BE DISPENSED
AND/OR SOLD ON THE STREETS DURING THE PARADE;
ORGANIZERS MUST PAY THE COST OF THIS YEAR'S ESTIMATED
CITY SERVICES AND FEES AT LEAST THREE (3) DAYS PRIOR
TO THE EVENT; ORGANIZERS MUST PAY THE AMOUNT OF $6,348
DUE THE CITY FROM LAST YEAR'S EVENT NO LATER THAN
THREE (3) DAYS PRIOR TO THE EVENT; ORGANIZERS MUST
EXECUTE A HOLD HARMLESS AGREEMENT TO PROTECT THE CITY
AGAINST ANY CLAIMS ARISING OUT OF THE CARIBBEAN
AMERICAN PARADE AND FESTIVAL; ORGANIZERS MUST PROVIDE.
A PERFORMANCE BOND GUARANTEEING THAT THE PARADE WILL
CLEAR THE BAYS IDE/BAYFRONT PARK AREA BY 12:00 NOON;
FURTHER CONDITIONED UPON THE ORGANIZERS OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
346 July 16, 1992
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I would like the amount.
Mayor Suarez: Slightly over thirty-one thousand. Fill it in at the
appropriate time.
Commissioner Plummer: Thirty-one thousand...
Mayor Suarez: Please.
Mr. Castaneda: Twenty-five six thirty-eight plus six thousand four thirty-
eight.
Commissioner Plummer: Payable three days in advance, I vote yes
40. DISCUSSION CONCERNING REQUEST BY FITNESS FANTASIA FOR CITY COSPONSORSHIP
OF A THREE-DAY EDUCATIONAL CONFERENCE.
Mayor Suarez: Item 57. Fitness Fantasia. Are they here? James L. Knight
and Hyatt Regency Hotel, November 10, 1992.
Mr. Cesar Odio (City Manager): Let me put on the record that the Knight
Center is not available for the time that she wants. She is requesting
$21,000 which I told her we could not recommend at this time because we don't
have the money. She also wants two City staff members to be utilized on this
project.
Mayor Suarez: OK. Ma'am. We don't have any money, but if you want to say
something, speak now or forever hold your piece.
Ms. Charyl Patella: I understand. I understand that you don't have any
money..
Mayor Suarez: Give us your name and address, please.
347 July 16, 1992
Ms. Patella: My name is Charyl Patella, 7441 Wayne Avenue. One thing that I
just want to point out is the impression that perhaps some of the
Commissioners, including the City Manager, receive from looking at the
brochure is that it's a festival. That it's an exciting, fun type of event
and it doesn't have enough substance to warrant being included in the budget.
I want to briefly explain the substance of this project and how Miami is going
to benefit by this and that it's going to be an annual event, if I may. One
of the things that we are doing is including a whole youth program. Educating
the school teachers in how to utilize the community, to use fitness...
Mayor Suarez: School teachers. Public school teachers?
Ms. Patella: Yes. It's a fully...
Mayor Suarez: Sounds like a prime candidate for public school funding, but
not City of Miami.
Ms. Patella: The School Board is a sponsor of the event and we have full
accreditation for school teachers. It's going to teach them how to utilize
the community to incorporate sports and fitness as a tool against substance
abuse and criminal behavior. This is something that the...
Mayor Suarez: Well, now you just hit on something that might conceivably get
you some funding. But you'd have to apply right away, which is Law
Enforcement Trust Fund. You might not be able to get any this year, but...
Ms. Patella: There is also a complete program for the Police Department.
Commissioner Plummer: No, no, no. The Chief has changed his mind. He's now
being cooperative of where there money needs to go for police and cars and
stuff like that. He's finally seen the light.
Mayor Suarez: I see. I see. I hear you.
Ms. Patella: The program that we provide for the Police Department... The
City of Miami Police Department has paid $5,000 to have one of the officers
trained in this.
Mayor Suarez: Is that right?
Ms. Patella: They will receive it locally for $300. We are flying in the
people from the Institute of Aerobic Research who travel all over the country
to train police departments.
Commissioner Plummer: Wait a minute. Wait a minute. You are telling me my
Police Department is paying $5,000 for what?
Ms. Patella: For specialized law enforcement training programs.
Commissioner Plummer: Mr. Manager, did you approve that?
Ms. Patella: There was one person that came from the City of Miami that went
to Dallas for it.
348 July 16, 1992
Commissioner Plummer: Five thousand dollars for this...
Lt. Joseph Longueira: Commissioner, I'm not sure exactly what it is. It
could be from the Law Enforcement Training Trust Fund. It may be...
Commissioner Plummer: It's still got to come here.
Lt. Longueira: No. I'm not... I believe what they... I don't believe they've
given her just $5,000. It may... that we have individual enrollments of
people.
Commissioner Plummer: She said a single officer.
Lt. Longueira: A single?
Ms. Patella: OK. Just a moment. I think you... You missed something in the
translation.
Commissioner Plummer: OK. Please.
Ms. Patella: Five thousand dollars is what it normally costs for a police
officer to go to Dallas for this specialized five-day training. One officer
from City of Miami has attended. Other officers from other police
departments, that person is not able to share that with the department,
unfortunately. I learned that they had retired. Now, they can receive this
specialized training at this event without having to pay that kind of money.
And all the other police departments are providing this...
Mayor Suarez: Well, ma'am, if the Police Department needs that training at
that particular location on that particular day, I am sure that you can
coordinate that with Lieutenant Longueira and then...
Ms. Patella: I have and they... We've had to change the date because of the
lack of time and funding on this.
Mayor Suarez: And it may be that there may be a payment that they typically
have to make to have the officers to get that kind of training. Whatever
amount it is, whether here or in Dallas.
Ms. Patella: I'm just pointing out some of the different variables that come
into play with this program that Miami is going to benefit by.
Mayor Suarez: Yeah, you are having it in Miami. You may be able to enlist a
bunch of officers if we need that training and if we usually pay for it. I
don't know. I can't tell you that at this point.
Ms. Patella: Well, if we took this project as a cosponsorship, you'd have 15
people attending. One of the other things that I want to point out is that
you are funding a lot of rehab programs. Not drug rehab, but physical rehab
of your parks, you are upgrading the services, but you are not providing the
training to your personnel in parks and recreation. This program that I'm
offering will upgrade their education and their abilities so that you, in
turn, can provide better services.
349 July 16, 1992
4 -0
Mayor Suarez: This Commission is not in session to entertain a pitch for your
particular program. You should make that directly to the Administration. If
they find that you are the ideal person to physically train our police
officers or anyone else, they will buy into that. You are asking us to =-
sponsor something and we are telling you we don't have...
Ms. Patella: I'm just trying to point out the benefits of this program.
That... _-
Mayor Suarez: No. I don't doubt that it's got many benefits...
Ms. Patella: So that the City can see the different areas. I have tried to
get with the Administration one on one.
Mayor Suarez: Very good.
Ms. Patella: So, I have not been able to do that. One of the other things
that we are doing is a youth rally. Since we are going to have so many
athletes there, localized, and this one time we are pulling in 4,000 pre -
selected high -risk youth for this rally, and it's an anti -drug pro -education
rally. So I'm trying to show you the different benefits, plus all of the
proceeds are going to fund a women's drug rehab program here in Miami.
Mayor Suarez: Our position on that is that if we are going to engage in that
kind of charitable work, or social work, we'd just as soon fund it ourselves
than have someone else be a medium for it, but it sounds like you are doing a
great thing.
Ms. Patella: Unfortunately, it won't come off unless I get some funding, and
that's why I've come to you.
Mayor Suarez: OK. Very good.
Ms. Patella: We have already had $21,000 put up by different agencies and the
project is ready to go. I'm at a crucial point right now that if I can't get
some funding... That's why I'm coming to you guys for help. Because Miami is
going to benefit by it, yes. It's a quality program. But I'm not going to
get it off the ground unless I get some help.
Mayor Suarez: All right. In no other Commission in the world, that I'm aware
of, would you get to even to make this presentation directly to the members of
the Commission, but you have done that today. If there is any motion on it,
I'll entertain it at this point. If not,...
350 July 16, 1992
41. (Continued Discussion) AUTHORIZE CLOSURE OF DESIGNATED STREETS IN
CONNECTION WITH THE GRAND OPENING CEREMONY FOR THE SOUTHEAST OVERTOWN /
PARK WEST MALLS (See labels 36 & 54).
Commissioner Dawkins: Mr. Mayor, I have...
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: ... three things here. The first one is the one that
J.L. Plummer turned down. A resolution relating to the grand opening
ceremonies for the Southeast Overtown/...
Mayor Suarez: Yes.
Commissioner Dawkins: ... Park West mall to be held...
Mayor Suarez: So moved to close the street, the mall.
Commissioner Dawkins: Is there a second?
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-504
A RESOLUTION RELATED TO THE GRAND OPENING CEREMONY FOR
THE SOUTHEAST OVERTOWN/PARK WEST MALLS TO BE HELD JULY
29,' 1992; AUTHORIZING THE CLOSURE OF DESIGNATED
STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENT OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING A
ONE -DAY PERMIT TO THE CITY TO DISPENSE BEER AND WINE
IN CONNECTION WITH SAID EVENT, SUBJECT TO THE ISSUANCE
OF ALL PERMITS REQUIRED BY LAW.
(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:
351 July 16, 1992
AYES: Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
42. DISCUSSION CONCERNING BIDS RECEIVED IN CONNECTION WITH INSTALLATION OF
NEW PA SOUND SYSTEM IN CITY CHAMBERS.
--------------------------------------- - ------------------------------------
Commissioner Dawkins: And, Mr. Mayor, the other one is that, as you notice,
we had more trouble again today with the PA (public address) system, so a
resolution authorizing the City Manager to proceed with informal bidding
procedures and award to the lowest, most responsive bidder for consulting
services, equipment and installation for a public address system at the
Commission Chambers to be installed during the month of August for the General
Services Administration, not to exceed $65,000. And this is important so they
can get it done...
Mayor Suarez: I presume most of that is going into hardware. You are not
going to spend money on a consultant to just replace normal microphones and...
Commissioner Dawkins: No, I don't see where we need any consultant.
Vice Mayor Alonso: I thought we did that the last time.
Mayor Suarez: Yeah. That's when you said consultant.
Mr. Ron Williams: Excuse me, Mr. Mayor, it's a little more difficult than
that. We certainly do need some outside help to make sure that the recording
system matches the PA system and all of it come together.
Commissioner Dawkins: No, no, no. That's OK then. I won't vote.
Mayor Suarez: OK. Al right. Then the other one, we are not going to
entertain that one then because we don't need consultants at this point to
have a nice sound system here.
Commissioner Dawkins: See, but not no consultants.
Mr. Williams: So are you saying that you don't want to proceed with it?
Mayor Suarez: It's been pulled.
Vice Mayor Alonso: Consultants, no.
Mayor Suarez: He's not even moving it at this point.
352 July 16, 1992
[I
Commissioner Dawkins: I will move it if you get whoever you buy the stuff
from... You are going to spend $50,000. So if we are going to buy the stuff
from - and I'm just going to use Sound Systems - and Sound Systems cannot
provide you with the expertise to put it up, you don't need to buy it from
Sound Systems.
Ms. Matty Hirai: That's true.
Commissioner Plummer: The sound system for the Commission. How many more
times are we going to pour money into it?
Commissioner Dawkins: OK. That's all right. Now, the other one is,...
Mayor Suarez: What's the third one?
Commissioner Dawkins: ... and I don't know, I'm trying this to fly.
Commissioner Plummer: How much is it?
Commissioner Dawkins: We made $200,000 available to the Haitian community and
this is a...
Commissioner Plummer: No, no, no. About the sound system.
Vice Mayor Alonso: Oh, yes.
Commissioner Plummer: I thought that's what you were talking about.
Mayor Suarez: He didn't move it. He didn't move it. He decided that there
was too much money for a consultant.
Commissioner Dawkins: They said $65,000 for consultants and equipment, and I
just said that I don't see where we need a consultant.
Commissioner Plummer: When is it going to be installed?
Commissioner Dawkins: During August.
Commissioner Plummer: Sixty-five... How much of that's equipment?
Mayor Suarez: That's precisely what we were asking.
Mr. Williams: We are estimating that equipment will be at least $50,000 and
the request is to allow the Manager to waive bids and proceed expeditiously so
that we can get it done during the break.
Commissioner Plummer: I'm sorry. Let me tell you. In these...
Commissioner Dawkins: But no consultancy.
Commissioner Plummer: No. No. I vote against it.
Mayor Suarez: All right. It wasn't moved.
i 353 July 16, 1992
_i
a �
Commissioner Plummer: In these kind of...
Mayor Suarez: It wasn't moved. We ran into the roadblock on the consultant's
issue and it wasn't moved. All right.
Mr. Williams: Mr. Mayor, does that mean we should not proceed with the sound
system?
Commissioner Dawkins: That's right. That's right. That's what J.L. said.
Mayor Suarez: I thought it was in the works from before by the normal
process, but I guess it wasn't. Anything else?
Vice Mayor Alonso: Yes.
Commissioner Dawkins: Yeah, I got something here from...
Mayor Suarez: I'm sorry. We can't get TCI to pay for it from that fund?
Yes?
Commissioner Dawkins: Huh?
Mayor Suarez: TCI. The cable company of the City of Miami. Don't they need
it for broadcast?
Mr. Williams: No, they don't absolutely have...
Mr. Cesar Odio (City Manager): I tried last week.
Commissioner Dawkins: Say what, Mr. Manager?
Vice Mayor Alonso: Try again.
Mr. Odio: I tried last week to ask them for monies.
Mayor Suarez: I thought at one point we turned down a huge amount of money
that was in that fund...
Mr. Odio: I'll try again.
Mayor Suarez: ... for audio visual, equipping of...
Commissioner Plummer: When is the renewal of their contract?
Mr. Odio: Next year.
Commissioner Plummer: Oh, next year. Is that before or after the new sound
system?
Mr. Odio: At one time, they were willing to provide new light system and a
new sound -.system. Let me see if we can revive that.
Mayor.Suarez: All right. Just all we wanted was a sound system. You wanted
to do $300,000. We wanted to do $65,000.
354 July 16, 1992
Vice Mayor Alonso: Exactly. Try with them. Remind them the contract is up
for renewal next year.
Mayor Suarez: We ended up with nothing.
----------------------------------------------------------------------
43. ALLOCATE $15,000 FROM CDBG FUNDS TO HAITIAN AMERICAN FOUNDATION, INC. ON
A LOAN BASIS -- DIRECT FOUNDATION TO MAKE PRESENTATION AT FIRST
COMMISSION MEETING IN SEPTEMBER.
------------------------------------------------------------------------------
Mayor Suarez: OK. Commissioner Dawkins, what was the third item?
Commissioner Dawkins: I was going to try... We had said...
Mayor Suarez: The Haitian American Foundation?
Commissioner Dawkins: There was $200,000 and the Haitian American Foundation,
they don't have any money to work and they wanted $100,000.
Mayor Suarez: From the $200,000 that we had set aside from Community
Development Block Grant (CDBG) monies for projects in the Haitian Community.
Commissioner Plummer: Yeah, but...
Mayor Suarez: Is it recommended by staff?
Commissioner Plummer: ... we did not set aside at all for one organization...
Vice Mayor Alonso: Yes, $200,000. Yes, sir.
Commissioner Plummer: No, no. Not for one organization we didn't.
Vice Mayor Alonso: No, but we said we were going to...
Commissioner Plummer: I made the motion.
Vice Mayor Alonso: Yes.
Commissioner Plummer: What are you saying as far as the $100,000, Frank?
Mr. Cesar Odio (City Manager): We haven't seen it... We have not seen it.
Commissioner Plummer: What's your recommendation?
Mr.,Castaneda: Commissioner, we have set aside $200,000...
Commissioner Plummer: We know that.
Vice Mayor Alonso: We know.
355 July 16, 1992
:,
Commissioner Plummer: What is your recommendation...
Commissioner Dawkins: On the $100,000 for this organization.
Commissioner Plummer: ... about giving them $100,000 of the two? Are there
other organizations looking that you feel are more deserving? Not so? Maybe
so? What?
Mr. Fedy Vieux-Brierre: Commissioner Plummer, at this stage I would like that
we delay disbursement, right now. The Haitian community is in a state of
crisis. The agencies are not performing. Right now I have ordered an audit
of HACAD (Haitian American Community Association of Dade, Inc.). We are
working with the Haitian Task Force to work out some problems and, please, we
just have...
Commissioner Dawkins: I withdraw my motion. We are listening to the NET
(Neighborhood Enhancement Team ) director out there, and I withdraw my motion.
Mayor Suarez: OK.
Commissioner Plummer: Well, no. Let me pursue, because I have a problem.
OK? They are telling me that if they don't get some funds, their doors are
closing.
Mr. Vieux-Brierre: Well, that's...
Commissioner Plummer: Now, is there a possibility we could give them five or
ten thousand dollars to carry them over until our next meeting?
Mr. Vieux-Brierre: That's correct.
Commissioner Plummer: OK?
Mr. Vieux-Brierre: I would agree to that.
Mayor Suarez: Go ahead and move that so we can get...
Commissioner Dawkins: Five thousand dollars won't do nothing but close it.
They can't pay the damn light bill with $5,000.
Commissioner Plummer: Now, Mr. Manager, what is the minimum amount that you
feel that they can get buy on to keep their doors open until September the
loth?
Commissioner Dawkins: OK. I'll move that we give them 1/12th of $105,000.
Mr. Odio: Twelve thousand dollars.
Commissioner Plummer: That's fine.
Mayor Suarez: All right. So moved.
Vice Mayor Alonso: Second.
356
July 16, 1992
uo
Mayor Suarez: Second. Any discussion? If not, please tail...
Commissioner Plummer: Wait, wait a minute. One -twelfth of $100,000 is less
than ten.
Mayor Suarez: Right. It's $105,000, so it's just a little bit over $9,000.
Let's go. Call the roll, please. Do you want to make two months? - before we
call the roll.
Commissioner Plummer: I'd like...
Vice Mayor Alonso: Let's give them $20,000.
Commissioner Dawkins: Yeah, because we don't come back until September.
Mayor Suarez: One -sixth. You went over $20,000.
Commissioner Plummer: All right, give them...
Vice Mayor Alonso: So they can function and then it comes back to us.
Commissioner Dawkins: Because we don't come here in August.
Commissioner Plummer: It's a mean man that won't split the difference. Give
them $15,000 till September loth.
Mayor Suarez: That's roughly one -sixth. All right, let's go.
Commissioner Dawkins: OK. so moved.
Mayor Suarez: Two months or $15,000, Commissioner Plummer?
Commissioner Plummer: Fifteen thousand.
Mayor Suarez: Fifteen thousand dollars is moved and seconded. Call the roll.
Commissioner Plummer: Not to exceed, and it is not to be given to them in a
lump sum. They surrender bills and we pay from the bills.
Mayor Suarez: Call the roll.
Ms. Colette Chancy: Can I...
Vice Mayor Alonso: Yes.
Mayor Suarez: -I wouldn't do it.
Ms. Chancy: Yes.
Mayor Suarez: You are doing pretty well.
Ms. Chancy: Mayor...
Mayor Suarez: You are going to do it.
357
July 16, 1992
[7]
Ms. Chancy: ... our monthly expense is... My name is Colette Chancy and I'm
with the Haitian American Foundation. Our monthly expense is about $20,000.
Commissioner Plummer: I would strongly you suggest you find a way to cut your
expenses.
Mayor Suarez: OK. We have a motion and a second. Any discussion? If not,
please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-505
A RESOLUTION ALLOCATING $15,000 FROM COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS PREVIOUSLY SET
ASIDE FOR PROJECTS IN THE HAITIAN AMERICAN COMMUNITY
TO HAITIAN AMERICAN FOUNDATION, INC. ("FOUNDATION") TO
COVER ITS EXPENSES FOR THE PERIOD OF JULY 9 -
SEPTEMBER 10, 1992 PROVIDING THAT SAID MONIES BE PAID
AS REIMBURSEMENT FOR EXPENSES AND UPON PRESENTATION OF
ORIGINAL INVOICES TO THE CITY'S DEPARTMENT OF
COMMUNITY DEVELOPMENT, AND DIRECTING THE FOUNDATION TO
MAKE A PRESENTATION AT THE SEPTEMBER 10, 1992 CITY
COMMISSION MEETING REGARDING ITS PROJECTED
EXPENDITURES FOR THE PERIOD OF SEPTEMBER 11, 1992 -
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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mr. Yves Vielot: Mr. Mayor,...
Commissioner Plummer: Bring in the bills Monday.
Mayor Suarez: Please. Go ahead.
Commissioner Plummer: Bring in the bills Monday, he'll pay them.
358 July 16, 1992
Mayor Suarez: Go ahead.
Mr. Vielot: My name is Yves Vielot and I'm the executive director of the
Haitian Task Force and we put in a request for, I believe, $195,000. --
Mayor Suarez: Please have it ready and with recommendation from the
Administration for our first meeting in September, Yves.
Mr. Vielot: All right. OK. Then, also I'd like to point out the fact that I
think Mr. Brierre indicated that all of the agencies in the Haitian community
are in - I don't know how he described it - but I'd like...
Mayor Suarez: In a crisis.
Mr. Vielot: I'd like very much for the Commission to expedite any kind of
audits or anything that has to be done because we cannot stay in a state of
limbo because there are a lot of things that need to be done.
Vice Mayor Alonso: I agree.
Commissioner Plummer: Well, let me...
Mayor Suarez: That's fair enough.
Vice Mayor Alonso: I agree with him.
Mayor Suarez: That's fair enough.
Vice Mayor Alonso: Definitely. Very fair statement.
Mr. Vielot: And I feel that whatever has to be done should be done so that we
can clear the air.
Commissioner Plummer: Let me go on the record so that there's no
misunderstanding on September the loth for my vote. I am not going to spend
$200,000 on administration and legal services. There are hungry people out
there and people who are in need of medical attention. And first and
foremost, in my vote on the loth of September, is going to address feeding and
the medically needy. OK?
Mayor Suarez: You might not be able to do that, because I think it's economic
development monies.
Commissioner Plummer: The rest of it can go to somewhere else.
Mr. Vielot: Excuse me. I think that when the Commissioners, when you
voted...
Mayor Suarez: Please, Yves. I don't even think that's within the Federal
norms. I think the money we are talking about is not social service money.
Is it?
359 July 16, 1992
Mr. Frank Castaneda: Right. This money was infrastructure economic -_
development type.
Mayor Suarez: Economic development. All right.
Vice Mayor Alonso: Yes.
------------------------------------------------------------------------------
44. AMEND R-92-243 WHICH PLEDGED $5,000 IN SUPPORT OF THE MARJORY STONEMAN
DOUGLAS INVITATIONAL ART EXHIBITION TO BE CONDUCTED BY THE CENTER FOR
VISUAL COMMUNICATIONS, INC. -- DIRECT MANAGER TO ALLOCATE $5,000 AND TO
WAIVE PRIOR CONDITIONS THAT THE CITY'S PLEDGE BE MATCHED BY CITY OF
CORAL GABLES, METROPOLITAN DADE COUNTY AND DADE COUNTY SCHOOL BOARD.
------------------------------------------------------------------------------
Mayor Suarez: Item fifty...
Mr. Cesar Odio (City Manager): Fifty-eight, Mr. Mayor. They are
requesting... This is after the fact, a $5,000 grant...
Commissioner Plummer: We approved this already.
Mr. Odio: No.
Vice Mayor Alonso: This changing a resolution. Isn't it?
Mr. Odio: No.
Commissioner Plummer: This man was here before...
Vice Mayor Alonso: Yes, it is.
Commissioner Plummer: ... and we granted the money. What's the problem?
Mr. Barry Fellman: They won't give it to me...
Mr. Odio: That's right.
Mr. Fellman: ... because of the way the resolution had been written by the
Law Department. So, I'm just asking for you to release the money.
Commissioner Plummer: So moved.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
i
Commissioner Plummer: We've already done it.
Vice Mayor Alonso: So what we are doing is the changing the resolution.
360 July 16, 1992 =
i
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-506
A RESOLUTION AMENDING RESOLUTION NO. 92-243, ADOPTED
APRIL 2, 1992, PLEDGING AN AMOUNT NOT TO EXCEED $5,000
IN SUPPORT OF THE MARJORY STONEMAN DOUGLAS
INVITATIONAL ART EXHIBITION TO BE CONDUCTED BY THE
CENTER FOR VISUAL COMMUNICATIONS, INC., APRIL 4-MAY
22, 1992; THEREBY ALLOCATING SAID $5,000 FROM SPECIAL
PROGRAMS AND ACCOUNTS, CONTINGENT FUND, AND BY
DELETING THE CONDITIONS THAT (A), SAID PLEDGE MUST BE
MATCHED IN EQUAL AMOUNTS BY THE CITY OF CORAL GABLES
AND BY METROPOLITAN DADE COUNTY AND THAT (B), THE DADE
COUNTY SCHOOL BOARD PLEDGE AN AMOUNT DOUBLE THAT OF
THE AMOUNT PLEDGED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins., the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
45. DISCUSS AND REFER TO MANAGER PROPOSAL BY MICCOSUKEE TRIBE OF INDIANS OF
FLORIDA FOR REDEVELOPMENT OF LUMMUS PARK -- INSTRUCT MANAGER TO COME
BACK WITH RECOMMENDATION AT FIRST MEETING IN SEPTEMBER.
------------------------------------------------------------------------------
Mayor Suarez: Item 59.
Commissioner Dawkins: Move it, whatever it is.
Commissioner Plummer: Item 59?
Mr. Cesar Odio (City Manager): Is for the... Commissioner Plummer, we have
not...
Vice Mayor Alonso: Miccosukee.
361
July 16, 1992
Mr. Odio: ..0 no one on my staff, or myself, had negotiated or talked to
these people.
Commissioner Plummer: I'd like to send the item to the Administration so that
they can understand what's going on.
Mr. Odio: The Indians...
Commissioner Plummer: From what I have seen, the City doesn't really benefit
for any amounts of returned revenue. I can assure you that Miccosukee Indian
police are not acceptable to me for that property, and I think...
Mayor Suarez: Why not?
Commissioner Plummer: ... we are entitled to...
Mayor Suarez: Why not?
Vice Mayor Alonso: Why not?
Commissioner Plummer: What?
Mayor Suarez: What's wrong with Miccosukee Indian police?
Commissioner Plummer: Because they have no authority downtown.
Vice Mayor Alonso: Remember they are...
Mr. Odio: The one concern that I have, Mr. Mayor,...
Mayor Suarez: They are better than...
Commissioner Plummer: Excuse me.
Mayor Suarez: ... private security guards. I am sure they have a lot more...
Commissioner Plummer: There's also another fact...
Mayor. Suarez: ... tribal traditions and other kinds of things that will
enable them to be good...
Vice Mayor Alonso: I thought it was great.
Mayor Suarez: ... officials and officers of the law.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Our laws, of course.
Commissioner Plummer: There's a major problem also with the State funding
grant of $100,000.
Commissioner Dawkins: The main problem I have is I shall not vote to take a
park away from the citizens that they could be using to - and go out and enjoy
362 July 16, 1992
themselves, and make something else out of it where you got to pay to get into
the park. I will not vote for that.
Mayor Suarez: OK. But the problem is that he's moving to refer to the
Administration for all of that to be worked out. That's what you moved,
right?
Mr. Odio: Well, let me tell you...
Commissioner Plummer: Well, the Administration has not seen it.
Vice Mayor Alonso: Yes. Let me put in the record that this park is really
not used by the public because they are really afraid of using this park. I
believe that the elderly people who live across the street met with them and
are very pleased with the arrangement. What we have to do is to meet with
them, the Administration and them, to save the grant that we received from the
State, and maybe that can be worked out.
Commissioner Plummer: A letter has a1...
Vice Mayor Alonso: We can have both. The best of both worlds.
Commissioner Plummer: Sorry. I read...
Vice Mayor Alonso: And I think that's...
City Attorney Jones: Madam.
Commissioner Plummer: Madam Commissioner, I read the letter, and it said that
the monies would be withdrawn. The point that I have, and let me please make
to you, prior to the problem that we experienced 1n Lummus Park, that park
used to be filled with people, mostly all Canadians, who went there every day
and played shuffleboard. OK? Now the problem...
Mayor Suarez: What year was that?
Commissioner De Yurre: That was before we were born.
Commissioner Plummer: No. Five, six years ago.
Mayor Suarez: No, I don't think so.
Commissioner Plummer: I'm sorry. You are wrong.
Mayor Suarez: I don't think so.
City Attorney Jones: Mr. Mayor.
Commissioner De Yurre: What park are you talking about?
Mayor Suarez: Lummus.
Commissioner Plummer: Lummus.
363
July 16, 1992
W
� -1
City Attorney Jones: Mr. Mayor. You should...
r1l
Mayor Suarez: Everybody wants to address this all of a sudden. What, Mr.
City Attorney, do you need to put in the record by way of clarification on a
motion that has not yet been seconded...
Vice Mayor Alonso: I think it should go back.
Mayor Suarez: ... to have the item be sent to the Administration? Yes, sir.
City Attorney Jones: No. I just wanted to point out to you that you should
know that there is a restriction on there. Any use other than a public
recreation use has to be approved by the Federal government.
Mayor Suarez: By the Federal government?
City Attorney Jones: Yes. The Department of Interior.
Mayor Suarez: And, of course, you have told that to the Administration, which
has, of course, told that to the Miccosukees which has, of course, discussed
that with the neighbors. And all of that is under discussion and deliberation
for ultimate resolution. Right?
Mr. Odio: The problem also is, Mr. Mayor, we were...
Mayor Suarez: Oh, you are going to give us another problem.
Mr. Odio: No. We wanted...
Mayor Suarez: We are moving to send 1t to you. Don't tell us all the
problems, please.
Mr. Odio: Well, you need to know.
Mayor Suarez: Commissioner Dawkins. Please.
Mr. Odio: You need to know this one. We are...
Mayor Suarez: Commissioner Dawkins. We are moving to give you the whole "kit
and kaboodle." Please let us do that so that we can get on with the agenda.
Are you going to tell us all the other problems? Please, Commissioner
Dawkins.
Commissioner Dawkins: So moved, Mr. Mayor.
Mayor Suarez: Seconded by Commissioner Dawkins. Any discussion? Now, you
would like to, of course, give us the entire presentation. You would like to,
of course, tell us that the community is supporting it. Many of them are. I
do have a letter from the Sierra Club against that particular use. Maybe it
was some modifications. This is not the time. I hate to have to do this to
you, because I know you've been here once or twice. But the Commission is
saying that they need to have the Administration really get into this. I
don't know why that didn't happen already, but apparently it didn't. Sir, one
statement very quickly, and your name.
364 July 16, 1992
c
P
Mr. Donald Wheeler: Mayor Suarez, my name is Donald Wheeler, I'm the tribal
planner. I represent the tribal council this evening. I believe the Parks
Department could explain the situation behind the letter, and I would hasten
to add that we...
Mayor Suarez: The statement has been made that you are not, yourself, a
Miccosukee. Are you?
Mr. Wheeler: I am not a Miccosukee.
Mayor Suarez: All right. Do you have any members of the tribe here with you?
Mr. Wheeler: There are no tribal members with me.
Mayor Suarez: OK.
Mr. Wheeler: It's my responsibility, as an employee of the tribe, to
represent the tribe in matters such as this.
Mayor Suarez: Fine. That's fine. We recognize that.
Mr. Wheeler: And I would hasten to add if we are not heard tonight, because
of a time issue involved, which the Parks Department well understands, the
project could be dead.
Mayor Suarez: How is that?
Mr. Wheeler: Well, as you are probably aware, there currently is
redevelopment work going on in Lummus Park. One of the things we are going to
ask of you tonight is to suspend that work for 30 days so that we can work
with the City Administration in coming up with a compromise.
Mayor Suarez: All right. Mr. Manager, how about suspending the work for 30
days while you look at their plans? - or until September loth basically.
Commissioner Plummer: Can I ask a very small question?
Mayor Suarez: Yes. Absolutely.
Commissioner Plummer: Sir, what do you anticipate to return to the City in
revenue?
Mr. Wheeler: Commissioner Plummer, we've not done any financial projections
at this point.
Commissioner Plummer: That's why I send it...
Mr. Wheeler: We would think that once you've heard the presentation, that you
would see the benefits to the City as well as the benefits to the tribe.
Commissioner Plummer: Sir, the City is in financial problems.
Mr. Wheeler: We are aware of that.
365 July 16, 1992
Commissioner Plummer: The City is looking for revenue.
Mr. Wheeler: We have revenue.
Commissioner Plummer: That's not what I read. I read that the reason you
want to establish this, is to provide for the 550 Indians out on the tribal
lands. That's in writing. Am I correct?
Mr. Wheeler: Yes, sir.
Commissioner Plummer: OK? I'm not elected by the 550 Indians. I'm elected
by these people to try and secure revenue for their properties. I'm asking if
anybody can tell me that I realize that you are protecting the 550 Indians,
I'm here to protect the people of this community who say they want revenue.
Mr. Wheeler: We like to think of ourselves as people of the community.
Mayor Suarez: Well, wait, wait, wait. I just want to... Wait, sir. I just
want to put in the record, and I'm sure that's not what you mean. You are not
just elected to try to generate revenue. You are also elected to try to
improve the conditions...
Commissioner Plummer: Oh, very definitely.
Mayor Suarez: ... in that park, preserve it, provide some sort of security
there,...
Commissioner Plummer: Very definitely.
Mayor Suarez: ... and we don't have the money to do great improvements there.
How much money do we have?
Mr. Alberto Ruder: We have...
Commissioner Plummer: A hundred and...
Mr. Ruder: Right now we have about a balance of $434,000 which is a
combination of CD (Community Development) monies and a grant from the State.
Vice Mayor Alonso: For this park?
Mr. Ruder: Yes.
Commissioner Plummer: Yeah.
Mr. Ruder: That's money that...
Mayor Suarez: How much would that buy in this park? How much would that
accomplish here?
Mr. Ruder: Well, we have a basic plan. I mean, I could go into details of
landscaping, picnic shelters, horseshoe courts,...
366 July 16, 1992
Commissioner Plummer: Right.
Mr. Ruder: ... renovation of the recreation building...
Vice Mayor Alonso: And then who is going to maintain all of that?
Commissioner Plummer: And you...
Mayor Suarez: The problem then, of course, is maintenance. OK. But least we
have substantial funds for capital improvements.
Commissioner Plummer: And you don't lose your property for 20 years.
Mayor Suarez: And they are asking for you to hold off for 30 days...
Mr. Ruder: Right.
Mayor Suarez: ... white the Administration reviews their particular plan.
Mr. Ruder: Right. You had given us marching orders to proceed on our plans.
They would like us to take 30 days and work it out...
Mayor Suarez: I just said that.
Mr. Ruder: OK.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Somebody in the Administration tell me how you plan to
remove the homeless from Lummus Park to do this? Somebody tell me that.
Mr. Odio: Well, what I was going to point out, Commissioner. We went to
Federal court, asked permission to fence the park, the homeless were moved
out. They have been taken care of...
Commissioner Dawkins: All right. On my way home,...
Mr. Odio: And because...
Commissioner Dawkins: ... you go with me...
Mr. Odio: OK.
Commissioner Dawkins: ... and you and I wilt stop by there, and I guarantee
they are not out.
Unidentified Speaker: They are not.
Commissioner Dawkins: That's right.
Commissioner Plummer: That's right.
Mr. Odio: OK. Well, the ones that were living there, we moved out.
367 July 16, 1992
O� F
0
Commissioner Plummer: They jump the fence.
F�
Commissioner Dawkins: Thank you. I know. See,... No. Don't tell me about
what was living there. I'm telling you what's there now.
Mr. Odio: Remember...
Ms. Fay Greenwood: And they'll go right back in, too.
Commissioner Dawkins: Yes, ma'am, and they'll be there tomorrow.
Mayor Suarez: OK. Do I take your remarks... Can you give me your name on the
record, since you already spoke, ma'am? - and I want to protect the record.
Ms. Fay Greenwood: My name is Fay Greenwood, and I have property in that area
and we...
Mayor Suarez: Do I assume that you are generally favorable to this?
Ms. Greenwood: I am favorable.
Mayor Suarez: All right, ma'am. Do you want to say the same thing, please?
Ms. Nell Finenco: Yes, I'm Nell Finenco, and I'm past regent of Everglades
DAR (Daughters of the American Revolution) that has the old Fort Dallas in
Lummus Park. I am also past president of the Miami Women's Club that helped
to remove that old Fort Dallas with Everglades Chapter, from the mouth of the
River down to the present site. We have a blueprint that the City gave us a
certain parcel of that land. And we have been meeting there until the past
two years when the homeless have come in there and completely destroyed. I
don't know if you are aware of it, but everything 1n that fort that was valued
very highly, was revolutionary war relics from the 1700's, all of that was
taken off. We saw 1t put on Haitian boats and we went down there, the Police
took us down to the river to see it.
Mayor Suarez: Do you generally favor what is being proposed here?
Ms. Finenco: May I say one other thing before...
Mayor Suarez: Yeah, but if you tell us the whole tragic story...
Ms. Finenco: No, no, no.
Mayor Suarez: ... of the park, we know it.
Ms. Finenco: OK. But I want to let you know this, too. That I am in favor.
Many of the DARs and the SARs (Sons of the American Revolution) are in favor
of this. The Indians, the American Indians, are our native Americans. We
have two national committees with the DAR. One is for the American Indians,
and one is for the veteran patients. Now those two things are very dear to
us. And I think that you really ought to consider that this is part of
Miami's history.
368
July 16, 1992
LI
Mayor Suarez: Thank you for your input.
Margaret, you wanted...
El
We agree on that philosophically.
Commissioner Plummer: Ma'am, what is your home address?
Ms. Finenco: My address... I don't live in the City.
Commissioner Plummer: What's your home address?
Ms. Finenco: 6350 Snapper Creek Drive in South Miami. I own property in the
City.
Commissioner Plummer: Are you willing, through your organizations, to raise
the money to pay the revenue for the rent of the park?
Ms. Finenco: Well, now let me ask you this.
coming in to play shuffleboard?
Mayor Suarez: Good point. Good point.
Commissioner Plummer: We use...
Ms. Finenco: OK?
Did you rent to the Canadians
Commissioner Plummer: We use the park for people who are there in the area.
This would preclude the people of the area going in because an admission is
going to be charged.
Ms. Finenco: No. Another thing...
Vice Mayor Alonso: No, they have portions that is free to the public.
Commissioner De Yurre: J.L., they've been precluded for quite a while to go
in there.
Ms. Finenco: Another thing that you have to know is that...
Mayor Suarez: Do keep in mind the general thrust of what he's saying. We
don't want to restrict the access to most of this park.
Ms. Finenco: You won't.
Mayor Suarez: That's got to be built into it.
Ms. Finenco: You are not going to.
Mayor Suarez: But we are taking 30 days, hopefully if the motion passes, to
review this with the Administration in which time we are not going to proceed
with our plans.
` Ms. Finenco: Thank you.
Mayor Suarez: Quickly. Ms. Miller.
369
July 16, 1992
Ms. Margaret
Miller: The last time I was here I
told you how happy I was that
what you are wanting to do to beautify the park.
I've been
doing a lot of...
Mayor Suarez:
Name. Name and address, please.
I know you
live there.
Ms. Miller:
Margaret Miller, 328 N.W. 4th Avenue, directly
across...
Mayor Suarez:
Yes.
Ms. Miller:
... from Lummus Park.
Mayor Suarez:
Yes.
Commissioner
Plummer: The lady who has been there
forever
and ever.
Mayor Suarez:
No, no, no. She's a young lady.
Go.
Ms. Miller: OK. But I've been doing a lot of thinking lately, and I'm
concerned that the park will go back to being what it was, after you've done
all the work and put out all this money. I was thinking that what we need is
what Bayfront needed when people feared to go there, and that was an activity
that brought people.
Mayor Suarez: And you generally favor this concept?
Ms. Miller: We need people...
Mayor Suarez: Margaret, that means you generally favor this concept?
Ms. Miller: Yes, and I want to say...
Mayor Suarez: OK.
Ms. Miller: ... that at the International Hotel recently, there was a
gentleman who argued heatedly for moving the Fort Dallas barracks out of
Lummus Park because people don't see it, and the Waggoner homestead that was
dedicated three and a half years ago now sits behind a barbed wire, chain link
fence and nobody comes. We need people. We need an activity that will bring
people to the park, and what better than something with the history that...
Mayor Suarez: We are basically just going to take maybe 30 days to look at
this, so please don't overdo it. Last statement, and then we've got to go on
to other items, Planning and Zoning agenda. Yes.
Mr. George Reed: Two quick comments. One, I'm here representing...
Mayor Suarez: Name...
Mr. Reed: George Reed, 3050 Bird, Coconut Grove. I'm here this evening to
represent the Miami Chapter of the American Institute of Architects who have
previously conveyed their impressions that they are against the use of
of this park to you by commercial interests, and certainly they
are against a use of Lummus Park as an Indian theme park. 1 think we are
really facing several different questions all at the same time. Today all
370 July 16, 1992
Miamians are sympathetic with native Americans and there is certainly plenty
of room for cultural diversity in this community. Miami has no other...
Mayor Suarez: You know this is not the first park that they've tried to
propose doing this in and...
Mr. Reed: No, it's not.
Mayor Suarez: All right. So if the American Institute of Architects could
work with us in case this doesn't fly to find the appropriate place, that
would be very helpful.
Mr. Reed: Well, this is not a vendetta against Indians. Miami is...
Mayor Suarez: No, it's just that the American Institute of Architects hasn't
been here to support anything for the Miccosukees since they started thinking
of a place to have their facility. Or, for that matter, anything to improve
our parks, in a while, that I'm aware of. You know, that's not a derogation.
It's just that we need a positive input from you, not just what we should do.
Mr. Reed: All right. Positive input.
Mayor Suarez: Yes.
Mr. Reed: I have reviewed your Parks Departments...
Mayor Suarez: Right.
Mr. Reed: ... present plan, financing...
Mayor Suarez: You like that?
Mr. Reed: ... and activity, and I think it's good and I would like to have
each member, if they have not done it...
Mayor Suarez: What worries us is that, what Margaret just said, that after
it's done, it looks very nice, but there's no way to maintain it,...
Vice Mayor Alonso: That's right.
Mayor Suarez: ... preserve it and protect it from people who might destroy it
and use it in some ways that we don't want. That's the problem, but we'll
take your comments if you can come back please to the September hearing.
Commissioner Plummer: May I ask a question of the planner for the Seminoles?
Unidentified Speaker: Miccosukee.
Vice Mayor Alonso: Miccosukee.
Commissioner Plummer: Miccosukees. I'm sorry. The 550 Indians that you
represent, sir, are they the ones who own the Bingo Hall on the trail?
Mr. Wheeler: That's correct.
1i 371 July 16, 1992
Commissioner Plummer: And also have the electronic slot machines?
Mr. Wheeler: They are not slot machines.
Commissioner Plummer: Well, the gambling devices?
Mr. Wheeler: Yes.
Mayor Suarez: OK.
Mr. Wheeler: It's not the "cash cow" everyone thinks it is, Commissioner.
And...
Commissioner Plummer: I'm sorry?
Mayor Suarez: I'm not sure we ought to go into that because we are not the
jurisdiction to do that, please. All right. I'll entertain a motion to take
30 days moratorium on our development and hope to hear from you on the first
meeting in September. It's actually a little bit more than 30 days, so I
think you understand the spirit of...
Vice Mayor Alonso: Do we have a motion already? A motion and a second?
Mayor Suarez: Do we have a motion and a second, Madam City...
Vice Mayor Alonso: If not, yes I move.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: Yes. Thank you. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-507
A MOTION REFERRING TO THE CITY MANAGER A PROPOSAL BY
REPRESENTATIVES OF THE MICCOSUKEE TRIBE OF INDIANS OF
FLORIDA FOR REDEVELOPMENT OF LUMMUS PARK; FURTHER
INSTRUCTING THE ADMINISTRATION TO SUSPEND WORK
CURRENTLY BEING DONE IN LUMMUS PARK UNTIL NEGOTIATIONS
WITH THE MICCOSUKEES ARE FINALIZED; AND FURTHER
INSTRUCTING THE MANAGER TO COME BACK WITH A
RECOMMENDATION AT THE MEETING PRESENTLY SCHEDULED FOR
SEPTEMBER 10, 1992.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
!' 372 July 16, 1992
r
E
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
El
Commissioner Plummer: Oh, I'd like to see the proposal. Yes.
Vice Mayor Alonso: Yes, with pleasure.
-z
----------------------------- ------------------------------------------------
46. EXECUTE AMENDMENT TO PROMISSORY NOTE -- INCREASE SAID NOTE WITH THE
PRINCIPALS OF Z-MART DISCOUNT DEPARTMENT STORE, INC. ($200,000).
------------------------------------------------------------------------------
Mayor Suarez: I have a few items that the Administration is going to
absolutely need, but I am inclined to go to public hearings on Planning and
-4
Zoning to try to do as many of those as we can.
_j
-
Mr. Cesar Odio (City Manager): Mr. Mayor, could you...
Commissioner Dawkins: Mr. Mayor, before you do, I'd like to have 12 and 13.
Mayor Suarez: OK. Item 12.
-
Commissioner Plummer: On what agenda?
Commissioner Dawkins: On the July 16th agenda, page 23.
4
+
Mayor Suarez: I think those are among the items that the Administration also
-
indicated that they need.
-
Commissioner Plummer: page 23?
=a
Vice Mayor Alonso: Twelve.
-F
Commissioner De Yurre: Move 12. Let's go with that one.
Mayor Suarez: Item 12 is moved.
Commissioner Dawkins: Second.
Commissioner Plumper: Excuse me? Wait a minute. Wait, wait.
Mayor Suarez: Item 12 has been moved and seconded. Commissioner Plummer.
373
July 16, 1992
El
Commissioner Plummer: What item?
Commissioner Dawkins: Twelve.
Vice Mayor Alonso: Twelve.
Mayor Suarez: Twelve. It's on page 22.
Commissioner Dawkins: Page 22.
Ms. Matty Hirai: D-12.
Commissioner Plummer:
Commissioner Dawkins:
On Z-Mart?
Yes. Yes. Z-Mart.
Vice Mayor Alonso: Yes.
Commissioner De Yurre: OK. Call the roll.
Vice Mayor Alonso: Call the roll.
Mayor Suarez: Call the roll.
Ms. Hirai: Commissioner De Yurre.
Commissioner De Yurre: Yes.
Ms. Hirai: Commissioner Plummer.
Commissioner Plummer: I can't vote for an... How much money have they
received so far?
Commissioner Dawkins: A million three.
Coninissioner Plummer: This will make it a million five?
Commissioner Dawkins: Right.
Commissioner Plummer: And they are not making money, is that correct?
Commissioner Dawkins: Yes and no.
Commissioner Plummer: Well, is it yes or is it no?
Commissioner Dawkins: If they could have gotten a loan from Southeast Bank
when Southeast Bank went under, I wouldn't have a problem with trying to help.
Commissioner Plummer: Have we .seen a financial statement? Has the
Administration seen a financial statement?
Ms. Miranda Albury: Yes.
Commissioner Plummer: And what is your opinion of the financial statement?
374 July 16, 1992
Ms. Albury: Basically, Commissioner, on the financial statement, it shows
that Z-Mart originally projected to do about $5.4 million. To date, their
income is about $3.5 million. So they did not reach their projected goal.
Commissioner Plummer: That doesn't say a thing for me. I mean, you've seen
their financial statement. Does it say why they did not attain that? Why is
an additional $200,000 going to make them attain it?
Ms. Albury: Commissioner, the additional $200,000 is going to be used
exclusively for an aggressive marketing campaign and for Z-Mart to purchase
inventory for their upcoming back -to -school program. In addition to that,
they are also working on putting together a business plan to secure additional
financing from private lenders.
Commissioner Plummer: What collateral do we have?
Commissioner Dawkins: The building and what's in it.
Ms. Albury: Yes, Commissioner.
Commissioner Plummer: What?
Commissioner Dawkins: The building and what's in it.
Ms. Albury: And personal residence, Commissioner.
Commissioner Plummer: And what is that collateral estimated to be...
amount... in...?
Mr. Frank Castaneda: Commissioners, there is no...
Commissioner Plummer: May I have an answer to my question, please?
Ms. Albury: Commissioner, on a personal residence, I'd have to get that
information for you, but it's approximately, I would say, close to $200,000.
Commissioner Plummer: That's the total collateral for a million and a half
dollars?
Ms. Albury: Yes, Commissioner.
Mr. Castaneda: Commissioners, there is no doubt that this loan is under-
collaterized. The owners have put all their assets into this, their houses,
their children, everything. Their banks that have participated...
Commissioner Plummer: Yeah, and we put a million three.
Mr. Castaneda: No, we did not put a million three.
Commissioner Plummer: How much have we put in?
Mr. Castaneda: We put in...
375
July 16, 1992
AUk
Ms. Albury: So far, we've put in $325,000.
Mr. Castaneda: ... $325,000.
Commissioner Plummer: That's all we've put in total?
Commissioner Dawkins: Yeah, and everybody else put the million three. 1
mean, they've gotten a million three loan from everybody in the community in
order to try to make...
Commissioner Plummer: Their total obligation is a million three?
Commissioner Dawkins: Yeah.
Mr. Castaneda: Total obligation is a million three. We have put 1n $325,000.
Banks have participated and so forth.
Commissioner Plumner: And of the $325,000, if we put in another $200,000 is
$525,000. Are we in first position...
Mr. Castaneda: No.
Commissioner Plummer: ... for collateral?
Commissioner Dawkins: No.
Mr. Castaneda: No, sir.
Mayor Suarez: Nope. Nope. Nope.
Commissioner Dawkins: You know, if they could go to a bank and get this
money, I wouldn't have a problem, see. But,...
Commissioner Plummer: Miller, you know,...
Commissioner Dawkins: ... they need this... Hey, look, J.L. I understand.
But they need this money and they need it tomorrow...
Commissioner Plummer: I tried.
Commissioner Dawkins: ... if they are to buy stock to gear up for the back -
to -school sale where, in the neighborhood where they are, most of the people
are walk-ups...
Commissioner Plummer: Commissioner Dawkins I'm not going to prolong it.
Commissioner Dawkins: OK.
Commissioner Plummer: I tried. I voted for them in the initial inception. I
thought we were doing them a favor...
Commissioner Dawkins: Um-hmm.
376 July 16, 1992
Commissioner Plummer: ... even though the Mayor's mother-in-law got robbed
there. I can't go any further. I'm sorry. I have to...
Commissioner Dawkins: No problem.
Mayor Suarez: Don't even say that. Don't even say that.
Commissioner Dawkins: Call the roll.
Commissioner Plummer: I have to vote no.
Mayor Suarez: We have a motion and a second. Any discussion? If not, please
call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-508
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE PROMISSORY
NOTE, IN SUBSTANTIALLY THE ATTACHED FORM, THEREBY
INCREASING SAID PROMISSORY NOTE WITH THE PRINCIPALS OF
Z-MART DISCOUNT DEPARTMENT STORE, INC., ("Z-MART"), IN
AN AMOUNT NOT TO EXCEED $200,000 FOR THE PURPOSE OF
PURCHASING INVENTORY AND INCREASING SAID DEPARTMENT
STORE'S MARKETING AND ADVERTISING CAMPAIGN; ALLOCATING
FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK
GRANT 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.
377
1
July 16 1992
------------------------------------------------------------------------------
47. AUTHORIZE MANAGER TO EXECUTE AMENDMENT 'TO AGREEMENT, PROMISSORY NOTE AND
MORTGAGE AGREEMENT WITH PEOPLE'S DRUG STORE, INC. -- PROVIDE ADDITIONAL
LOAN FUNDS TO COVER FINAL CONSTRUCTION COSTS -- ALLOCATE $35,000 FROM
CDBG FUNDS.
------------------------------------------------------------------------------
Mayor Suarez: Commissioner Dawkins, you had another item.
Commissioner Dawkins: Thirteen.
Mayor Suarez: Thirteen.
Commissioner Plummer: Thirteen?
Commissioner Dawkins: This is another $35 add on that we have to do because
they are trying to get this guy...
Ms. Miranda Albury: People's Drug Store.
Commissioner Dawkins: ... to open his store.
Commissioner Plummer: Can I ask a question?
Commissioner Dawkins: We are trying to get through here.
Commissioner Plummer: Where is this money coming from?
Mr. Frank Castaneda: Community Development.
Commissioner Plummer: Community Development.
Mr. Castaneda: This is the mini-UDAG (Urban Development Action Grant) program
that was set aside for construction development. This is development of a
drug store, barbecue restaurant.
Commissioner Dawkins: Tell him... you got it.
Commissioner Plummer: Is this the old "live and let live"?
Mr. Castaneda: No, sir.
Ms. Albury: No.
Commissioner Plummer: OK. How much have we loaned them before?
Mr. Castaneda: A hundred thousand.
Mr. Pablo Perez Cisneros: A hundred thousand, Miami Capital, two hundred
twenty-five.
Commissioner Plummer: And they are asking for an additional...
378 July 16, 1992
Ms. Albury: The additional $35,000, Commissioner, is basically to cover
impact fees because there was a two -month delay 'in the start-up of the
construction, to cover impact fees...
Commissioner Plummer: What collateral do we have?
Mr. Castaneda: This loan is fully collaterized.
Commissioner Plummer: Excuse me?
Mr. Castaneda: This loan is fully collaterized.
Ms. Albury: Personal residence,...
Commissioner Plummer: And we are in first position?
Mr. Castaneda: We have a second mortgage position in the...
Ms. Albury: Commercial property.
Mr. Castaneda: ... commercial property, and a second mortgage...
Commissioner Plummer: You are saying, for the record, it is totally
collaterized and there is no possibility we can lose our money?
Mr. Castaneda: No.
Commissioner Plummer: Fine.
Mr. Castaneda: Let me...
Commissioner Plummer: Cali the roll.
Ms. Matty Hirai: Need a motion, Mr. Mayor.
Commissioner De Yurre: Moved.
Vice Mayor Alonso: Yes, I move.
Commissioner De Yurre: Move.
Mayor Suarez: All right. Moved.
Commissioner De Yurre: Go ahead. Second.
Mayor Suarez: Second. Call the roll, please.
379 July 16, 1992
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-509
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO AN EXISTING
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND THE
PROMISSORY NOTE AND MORTGAGE AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN PEOPLE'S DRUG
STORE, INC., AND THE CITY OF MIAMI FOR THE PURPOSE OF
PROVIDING ADDITIONAL LOAN FUNDS TO COVER FINAL
CONSTRUCTION COSTS ASSOCIATED WITH THE CONSTRUCTION
AND DEVELOPMENT PHASE OF THE PROJECT FOR PEOPLE'S DRUG
STORE, INC.; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT
OF $35,000, FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT
FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
48. ACCEPT BID: G-T SPORTS ENTERPRISES, INC. -- FOR CURTIS PARK
REDEVELOPMENT BLEACHERS PROJECT (PHASE II) B-2983-I (CIP 331353).
Mayor Suarez: Item...
Commissioner De Yurre: Mr. Mayor, I need to move 20 and 21 and that's it for
me.
Commissioner Dawkins: Move it. Whatever it is. What is 20?
Commissioner De Yurre: Twenty.
Vice Mayor Alonso: What it was?
Mayor Suarez: Item 20.
380
July 16, 1992
s
Commissioner De Yurre: Adding the bleachers to Curtis Park for the football
season.
Mayor Suarez: So moved.
Vice Mayor Alonso: Twenty and twenty...
Commissioner Plummer: What?
Vice Mayor Alonso: Wait, wait, wait.
Mayor Suarez: Item 20 has been moved.
Commissioner De Yurre: Second?
Commissioner Dawkins: I second it.
Mayor Suarez: Seconded by Commissioner Dawkins...
Commissioner Plunner: Wait, wait, wait.
City Attorney Jones: Is it 20 or 21?
Mayor Suarez: ... for the Curtis Park redevelopment bleachers project Phase
II.
Commissioner De Yurre: We need to add the balance of the bleachers, J.L., so
that Miami High and the other teams can play in the fall.
Commissioner Plummer: But wait, wait a minute. Mr. Manager, item 20.
Mr. Jim Kay: OK.
Commissioner Plummer: Now here we are back in Curtis Park...
Mr. Cesar Odio (City Manager): Accepting a bid and...
Mr. Kay: And awarding a contract to G-T Sports.
Mr. Odio: ... awarding a contract to...
Commissioner Plummer: How much over are we accepting?
Mr. Kay: What? What was the question, sir?
Commissioner Plummer: The question is, here the amount of $242,920 to cover
the contract cost and $61,000 to cover the estimated cost.
Mr. Kay: Sixty-one thousand to cover the estimated... Those were the
additional...
Commissioner Plummer: Were these the low bidders?
Mr. Kay: ... expenses, engineering expenses.
381 July 16, 1992
Commissioner Plummer: Were these the low bidders?
Vice Mayor Alonso: Yes.
Mr. Kay: Yes, sir.
Mr. Odio: Out of 10 bidders.
Mr. Kay: Yes.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Out of 10 bidders.
Mr. Odio: Yes, sir. We mailed 10 bids.
Commissioner Dawkins: Nine and ten.
Mr. Odio: We picked up... Five picked up and only two contractors submitted
bids. I'm sorry.
Commissioner Plummer: You are telling me for $300,000 worth of work, when the
economy is bad,...
Mr. Odio: This is a specialized...
Commissioner Plummer: ... only two people bid.
Mr. Odio: This is a specialized...
Commissioner Plummer: Why do we need specialized bleachers?
Mr. Odio: I don't know.
Commissioner Plummer: No, I'm asking.
Mr. Odio: I didn't design them. I don't know.
Commissioner Plummer: Bleachers are bleachers.
Mr. Odio: That's right.
Commissioner Plummer: Why do we have to have something specialized for this
amount of money?
Mr. Kay: They are not specialized bleachers. Bleachers is what they are.
Commissioner Plummer: He said specialized.
Mayor Suarez: They are longer lasting bleacher, bleachers.
Mr. Kay: Well, it's a special trade.
382 July 16, 1992
Mayor Suarez: They are not specialized in the sense that they are something
special, they are just supposed to last longer and be a little stronger than
a...
Mr. Odio: Not many people sell bleachers, I'm telling you.
Mr. Kay: Not all contractors put up bleachers.
Commissioner Plummer: Does anybody realize that this City is hurting?
Mr. Odio: What? What are you...
Commissioner Plummer: Does anybody realize this City is hurting for money?
Mr. Odio: I have... Yes.
Commissioner De Yurre: J.L., that's...
Mayor Suarez: This is part of a capital improvement project previously
approved, I believe.
Mr. Odio: About two years ago.
Commissioner De Yurre: We've had this money set aside for this.
Commissioner Plummer: OK. I thought that Curtis Park was being done by the
Sports Authority.
Commissioner De Yurre: No, they are helping supervise.
Commissioner Plummer: Oh, is that what it is?
Mayor Suarez: The motion's been made and seconded. Has it been seconded?
Commissioner De Yurre: Yes.
Vice Mayor Alonso: How much has it cost us?
Commissioner Plummer: Don't ask, we'll be embarrassed.
Vice Mayor Alonso: I think we should be.
Commissioner Plummer: No, we'll be embarrassed.
Mayor Suarez: I don't think it's cost any more than we estimated. In fact,
we are still...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor Alonso: How much?
Mr.'Odio: We have.not spent...
Commissioner Plummer: No, she asked how much have we paid.
383 July 16, 1992
Mr. Odio: I said we have not spent all the money we were going to spend in the park.
Commissioner Plummer: Her question was how much have we spent so far.
Mr. Odio: About a million and a half.
Mr. Kay: If we award this contract and the other contract, which is 21, we'll
have about, a little over $500,000 left from the original...
Mayor Suarez: How much have we spent so far?
Mr. Kay: Three point one million.
Mayor Suarez: Please.
Mr. Kay: Two point six, approximately.
Mayor Suarez: Two point six million. All right. With these contractors. We
have a motion and a second. Any further discussion? Mr. Gonzalez-Goenaga?
Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-510
A RESOLUTION ACCEPTING THE BID OF G-T SPORTS
ENTERPRISES, INC., IN THE PROPOSED AMOUNT NOT TO
EXCEED $242,920.00, TOTAL BID OF THE PROPOSAL, FOR
CURTIS PARK REDEVELOPMENT BLEACHERS PROJECT (PHASE II)
B-2983-I; WITH MONIES THEREFOR ALLOCATED FROM THE
FISCAL YEAR 1991-92 CAPITAL IMPROVEMENT ORDINANCE NO.
10938, PROJECT NO. 331353, IN THE AMOUNT OF
_ $242.920.00 TO COVER THE CONTRACT COST AND $61,847.00
TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $304,767.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the folltwing vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES:
ABSENT:
Commissioner J. L. Plummer, Jr.
None.
384
July 16, 1992
E
------------------------------------------------------------------------------
49. ACCEPT BID: D.E. GIDI AND ASSOCIATES CORP. -- FOR CURTIS PARK
REDEVELOPMENT - RESTROOM BUILDING NO. 2 8-2983-J (CIP 331353).
Commissioner De Yurre: Move 21.
Mayor Suarez: Item 21 is...
Commissioner Dawkins: Second.
Mayor Suarez: .. another item related to that.
smaller one, so the...
Commissioner De Yurre: It's the bathroom.
Mayor Suarez: ... same questions would apply.
Commissioner Plummer: Wait. What number?
Mayor Suarez: Twenty-one.
Mr. Jim Kay: It's the next one.
Vice Mayor Alonso: Twenty-one.
Mr. Kay: The restroom.
Moved and seconded. It's a
Commissioner Plummer: Hundred thousand dollar bathrooms? And you do realize
this City is hurting? - and you are putting in $100,000 bathrooms.
Mayor Suarez: Are these bathrooms in any way...
Commissioner De Yurre: The are related to the bleachers.
Mayor Suarez: ... more luxurious than they are supposed to be? Are we
overspending in any way for what bathrooms need?
Mr. Kay: No, the...
Commissioner Dawkins: No. Mr. Mayor,...
Mr. Kay: ... contract bid was $76,800...
Commissioner Dawkins: Mr. Mayor, that's what they cost when they have the...
Mr. Kay: ... and the engineering costs were another approximately $20,000.
Commissioner De Yurre: I don't think they have any, no bidets.
Mr. Kay: No.
385 July 16, 1992
11
Mayor Suarez: OK.
El
Vice Mayor Alonso: Wally.
Commissioner Plummer: Oh, OK.
Commissioner Dawkins: And they are non -graffiti size walls...
Vice Mayor Alonso: What about the bathrooms that have been already completed?
Mr. Kay: Right. That's right. They have been.
Commissioner Plummer: You got the money to do Riverside Park, right? - at no
cost to the City.
Vice Mayor Alonso: Well, I could go and get the money from the private sector
to build the bathrooms over there. These ones, we use a lot of money. Yes.
Mr. Wally Lee: No, Commissioner. This... When you increase the capacity, by
Code, you have to...
Vice Mayor Alonso: They are looking terrible, to tell you the truth. The
ones that are there. What's wrong with that?
Mr. Lee: With the present bathrooms?
Vice Mayor Alonso: The walls and you had to call an another contractor to
complete, to fix, to repair...
Mr. Lee: They have been completed.
Vice Mayor Alonso: ... the work that was done before. What's going on?
Mr. Lee: They have been completed now.
Mayor Suarez: OK.
Vice Mayor Alonso: What went wrong before?
Mr. Lee: Lousy contractor.
Vice Mayor Alonso: The previous contractor? Why didn't you say so before?
Mr. Lee: Commissioner, we took over the job and supervised it and subbed it
out to 12 different subs and we directed the work to correct the problems.
Mayor Suarez: OK.
Commissioner Plummer: Amazing!
Mayor Suarez: We have a motion and a second on the item. Please call the
roll.
Vice Mayor Alonso: Monday, let's go together.
386 July 16, 1992
Mr. Lee: Sure, be glad to.
Commissioner Plummer: Amazing!
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-511
A RESOLUTION ACCEPTING THE BID OF D.E. GIDI b
ASSOCIATES, CORP. IN THE PROPOSED AMOUNT OF $76,800.00
TOTAL BID OF THE PROPOSAL, FOR CURTIS PARK
REDEVELOPMENT - RESTROOM BUILDING NO. 2 B-2983-J; WITH
MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1991-92
CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT NO.
331353, IN THE AMOUNT OF $76,800.00 TO COVER THE
CONTRACT COST AND $19,991.70 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $96,791.70;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
ABSENT: None.
387 July 16, 1992
------------------------------------------------------------------------------
50. ACCEPT INCREASE ($611,494) TO GRANT FROM SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM (SFETC) TO OPERATE 1992 SUMMER YOUTH EMPLOYMENT AND
TRAINING PROGRAM.
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: You want to do Jack LuftIs special, go ahead, Mr.
Mayor.
Commissioner Dawkins: The Manager says he has to have...
Commissioner Plummer: I've seen it.
Commissioner Dawkins: ... nine and 10 and I agree. Nine is the acceptance...
Mr. Cesar Odio (City Manager): And the millage.
Commissioner Dawkins: ... of the additional monies that the government has
given for summer employment.
Mayor Suarez: So moved.
Commissioner Dawkins: Six hundred and eleven... So moved.
Mayor Suarez: Second?
Commissioner Plummer: Which item are you doing?
Commissioner Dawkins: Nine.
Ms. Hirai: D-9.
Mayor Suarez: It's for the summer jobs?
Commissioner Dawkins: Yes.
Mr. Frank Castaneda: Sumner jobs.
Commissioner Plummer: Second.
Mayor Suarez: This was not in your list of important items, Mr. Manager.
Call the roll.
Mr. Odio: I know. Somebody goofed.
388 July 16, 1992
7
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-512
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AN
INCREASE IN THE AMOUNT OF $611,494 TO A GRANT FROM THE
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
(SFETC) TO OPERATE THE 1992 SUMMER YOUTH EMPLOYMENT
AND TRAINING PROGRAM; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE NECESSARY
IMPLEMENTING AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH THE SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM.
(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.
51. EMERGENCY ORDINANCE: AMEND 10961 -- INCREASE APPRCPRIATION TO SPECIAL
REVENUE FUND: SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM (FY 192) JTPA
II-B (FROM U.S. DEPARTMENT OF LABOR THROUGH SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM).
------------------------------------------------------------------------------
Commissioner Dawkins: And item 10 is accepting the money.
Commissioner Plummer: Second.
Mayor Suarez: Moved and seconded on item 10. Call the roil, please. Read
the ordinance first, please.
O
389 July 16, 1992
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 2 OF ORDINANCE
NO. 10961, ADOPTED MARCH 12, 1992, THEREBY INCREASING
THE APPROPRIATION TO THE SPECIAL REVENUE FUND
ENTITLED: "SUMMER YOUTH EMPLOYMENT AND TRAINING
PROGRAM (FY192) JTPA II-B" FROM $536,850 TO $1,148,344
FROM THE U.S. DEPARTMENT OF LABOR THROUGH THE SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and
Plummer, for adoption as an emergency measure
requirement of reading same on two separate days,
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.
seconded by Commissioner
and dispensing with the
which was agreed to by the
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10994.
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.
390 July 16, 1992
52. ALLOCATE FUNDS FROM ANTICIPATED INTEREST TO BE EARNED ON TAX
ANTICIPATION NOTES TO: (a) CHRISTIAN COMMUNITY SERVICES AGENCY, INC. /
NEW LIFE FAMILY SHELTER -- FOR OPERATION OF SHELTER FOR HOMELESS
FAMILIES, AND (b) LITTLE HAVANA ACTIVITIES AND NUTRITION CENTER OF DADE
COUNTY, INC. -- JO PROVIDE MEDICAL SERVICES FOR ELDERLY PERSONS.
Commissioner Plummer: I move item 11.
Mayor Suarez: Item 11 has been moved.
Commissioner Dawkins: Second.
Commissioner Plummer: That's for Josefina Carbonell for the medical money.
Mayor Suarez: Christian Community Services and Little Havana Activities and
Nutrition Center. 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. 92-513
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING FUNDS IN
THE AMOUNT OF $153,261 FROM ANTICIPATED INTEREST TO BE
EARNED FROM TAX ANTICIPATION NOTES AS FOLLOWS:
$103,461 TO THE CHRISTIAN COMMUNITY SERVICES AGENCY,
INC./NEW LIFE FAMILY SHELTER FOR OPERATION OF SAID
SHELTER FOR HOMELESS FAMILIES AND $49,800 TO THE
LITTLE HAVANA ACTIVITIES AND NUTRITION CENTER OF DADE
COUNTY, INC. TO PROVIDE MEDICAL SERVICES FOR ELDERLY
PERSONS; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE AFOREMENTIONED AGENCIES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
391 July 16, 1992
D
E3
----------------------------------------------- -------------------------------
53. REALLOCATE $200,000 IN 14TH YEAR COBG PROGRAM FUNDS FROM PROJECT:
CITYWIDE SINGLE FAMILY REHABILITATION HOUSING PROJECT -- TO PROVIDE
GRANT TO THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., TO DEFRAY
COST OF OFF -SITE IMPROVEMENTS AND SITE DEMOLITION / CLEARANCE ACTIVITIES
IN CONNECTION WITH DEVELOPMENT OF A 52-UNIT AFFORDABLE TOWNHOME PROJECT
ON CITY -OWNED FERN ISLE NURSERY SITE -- AUTHORIZE SUBMITTAL OF AMENDMENT
TO APPROVED CDBG GRANT PROGRAM FINAL STATEMENT.
-------------------------------------------------------------------------------
Mayor Suarez: Commissioner De Yurre has moved item 24.
Commissioner Plummer: Wait a minute. Can we do this Jack Luft that you were
so much vitally interested in?
Commissioner Dawkins: Yeah, I did that.
Mr. Jack Luft: Just so I can close my street.
Mayor Suarez: We have a motion on the table on item 24. Do we have a second
on that?
Commissioner Plummer: I thought we addressed this before.
Mayor Suarez: Citywide single-family rehabilitation housing projects.
Mr. Cesar Odio (City Manager): This is for the Fern Isle...
City Attorney Jones: Allapattah.
Commissioner Plummer: Allapattah?
Mr. Odio: The Allapattah Business Development Authority.
Commissioner Plummer: Who?
Mr. Odio: What do you mean who?
City Attorney Jones: Twenty-four.
Commissioner Plummer: Who is the sponsor of the project?
Mr. Odio: Allapattah...
Mr. Jeff Hepburn: It's a joint project between the City of Miami and the
Allapattah Business Development Authority. It's 52 units of townhouses.
Commissioner Plummer: Who's Allapattah Business Development Authority?
Commissioner Dawkins: Me.
Commissioner Plummer: OK. Did you move it?
392 July 16, 1992
Mayor Suarez: It was moved.
Commissioner Plummer: Second. -
{
Mayor Suarez: Second. Vice Mayor Alonso.
Mr. Hepburn: Basically what this action does, it reprograms some old...
Mayor Suarez: Why don't we let the Vice Mayor ask whatever question she
wanted to ask, please, Jeff?
Mr. Hepburn: ... CD (community development) funding from 14th year, about
four years ago, about $200,000. Those funds will be used to install a water
line from 21th Avenue up to 23rd Street. So basically these are for site —
i improvements.
Vice Mayor Alonso: How come...
i
{ Commissioner Plummer: Oh, this is Luft's.
Vice Mayor Alonso: ... it was not budgeted in the project? Why now they have
to come and request... It's not the first time that they come requesting
additional funding for extension of the water main in another project, I
believe. Now it's happening again. Why? Why didn't they know that they were
supposed to provide for these services? It's well known that a builder, when
it's going to do construction like this, has to comply with all of these
requirements. What happened? Why do we have to give this additional funding?
Mr. Hepburn: I may have to have them answer that question.
Vice Mayor Alonso: Yes
Mr. Armando Cazo: Mr. Mayor, members of the Commission, my name is Armando
Cazo, I'm the architect for the project. The reason being that when we
submitted all the preliminary plans as long as budget to surtax for being
funded for the second mortgage to be able to provide affordable housing, at
that particular time, we were only basing it on preliminary plans. When we
went through the process of platting the property, which has not platted since
1924, that's when the Miami -Dade water and sewer and also the City of Miami
Fire Department requested a 12-inch water line from 27th Avenue to 24th
Avenue, including three fire hydrants. I'd like to add that the "Municipios"
which is fronting on 14th Street and 24th Avenue have almost eighty percent
(80%) of the frontage, which actually they will benefit from this 12-inch
force main.
Vice Mayor Alonso: So actually a mistake that they made in not identifying
this process, it's making us use $200,000 additional money that we had not
planned to give to them. We are actually awarding this at this time. Is that
so?
Mr. Hepburn: That's correct. That's correct.
393 July 16, 1992
Vice Mayor Alonso: Were you planning to use monies from some other, maybe the
County or something? Have you tried?
Mr. Cazo: We have tried.
Vice Mayor Alonso: What happened?
Mr. Cazo: The project has been in the works since 1988, basically, and the_=
fact is that in the process of getting the project off the ground through the
zoning appeals and through the planning process, through the environmental
studies that had to be done, we have tried to increase the cost of the units,
which are very affordable. Two -bedroom units have been selling at $46,000. A --
three-bedroom, two -bath unit at $54,000, and surtax would not allow us to
increase the price of those units. Therefore, we are stuck.
Vice Mayor Alonso: But you knew that you have to have these extensions, water
main, you knew this. You knew that you had to build the sidewalk. You knew
all of these things. Why didn't you take that into account when you were
planning the project?
Mr. Cazo: Sidewalk and the rest of the improvements are considered within the
budget. What was not considered was the extension of a water line, a 12-inch
water line from 27th Avenue all the way to 24th Avenue on 14th Street.
Vice Mayor Alonso: But in the process of doing the plat of the property, you
are told that this is part of the understanding, that you must have all of
these requirements and meet them in order to be able to build the property.
Mr. Cazo: Correct, but at that time, we had already submitted for funds from -
surtax, and we cannot increase the cost of the property to be able to - the
cost of the units to be able to pay for that particular off -site improvement. =_
That's the reason for it.
Vice Mayor Alonso: Mr. Bailey. Is Mr. Bailey around? Is Herb Bailey around?
Do we have any other alternative rather than using this $200,000 additional
money that we had not planned to use in this project? Can something else be
worked out with them?
Mr. Hepburn: I think the project is dead if this action isn't approved. They
are going to end up losing the surtax funding, which is about $800,000 from
Dade County, and also funds from the private banks.
Vice Mayor Alonso: How come do we have $200,000 readily available to give to
them? How come?
Mr. Hepburn: These are funds that were not expended four years ago that we
discovered were still around.
Vice Mayor Alonso: You mean if you start looking, you might find some other
monies hidden somewhere?
Mr. Hepburn: These are housing funds which were for another program and we
are just reprogramming.
394 July 16, 1992
Vice Mayor Alonso: Well, I suggest that tomorrow, immediately, you start
looking for some other fundings. Two hundred thousand dollars, you had it and
you didn't know you had that? This is really amazing! With the need for
housing in this community, and you didn't know you had $200,000.
Mr. Hepburn: Those funds eventually would have been used to renovate other
units throughout the City at some point.
Vice Mayor Alonso: But you did not use the money to renovate. Why not?
Mr. Hepburn: From four years ago. That's correct.
Vice Mayor Alonso: You mean to tell me with the tremendous need that we have
in this community for housing, you didn't use this money?
Mr. Hepburn: That's correct. At this point, we have...
Vice Mayor Alonso: Mr. Manager, I'd like for you to start checking on the
funding of the Housing Department because this is really a great surprise to
me. They have...
Mayor Suarez: Please go back to 14th year, 15th year,...
Mr. Odio: Fine. I'll do.
Mayor Suarez: ... 16th year...
Vice Mayor Alonso: Really.
Mayor Suarez: ... and 17th year. Make sure we don't have funds. You know,
this came up at a Congressional hearing a couple of weeks ago.
Vice Mayor Alonso: Two hundred thousand dollars with the tremendous need that
we have in this community?
Mr. Odio: It happened once before.
Mayor Suarez: The Secretary of Housing and Urban Development was talking
about this the other day, that some of the funds that are not expended...
Mr. Odio: If you remember, the...
Mayor Suarez: ... because, you know, we just...
Mr. Odio: ... before we arrived, they found about $7,000,000 unexpended
funds. Yeah, it has happened before.
Mayor Suarez: It has happened. Well, make sure that the $200,000 doesn't
miraculously happen whenever we need it, please.
Vice Mayor Alonso: Yes. That's exactly what...
Mayor Suarez: Or if it does happen, make sure it happens like on a pretty
regular basis and we all get a chance to propose how to use it.
395 July 16, 1992
r]
Mr. Odio: Hey, I hope we find some more.
Vice Mayor Alonso: That's not the point, Mr. Manager.
Mr. Odio: I know, but...
a
Vice Mayor Alonso: That's not the point. The point is, how come so
efficiently we found $200,000 to give it to this project, and whenever they
come, as they did recently for $65,000, we also found $65,000 in an emergency
basis through a pocket item and gave it to them. And today, it's $200,000.
Really! It made me wonder.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: Sir, it's time for you to sit down right there.
Thank you. All right. Anything further?
Vice Mayor Alonso: This is highly irregular to tell you the least. I don't
know how I'm going to do the explaining in Washington next week if they ask me
things like this. I'm going to have a hard time explaining to them when I
don't understand it myself. I hope Frank Castaneda will have all kinds of
answers, because I certainly will not have any.
Mayor Suarez: Any further discussion?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: Yes, sir.
Mr. Manuel Gonzalez-Goenaga: Well, I don't... You are not a judge yet,
anyway.
Mayor Suarez: Mr. Gonzalez-Goenaga, no personal remarks. Just stick to the
point, sir.
Mr. Gonzalez-Goenaga: The point is that for much less attacked with facts and
if I would have been in the position of Cesar, my integrity will oblige me to
resign. Thank you.
Mayor Suarez: All right. Call the roil on the item, please.
(LAUGHTER)
Mayor Suarez: Please, please, please. Call the roil on the item.
396 July 16, 1992
L]
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-514
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO REALLOCATE $200,000 IN FOURTEENTH (14TH)
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS,
FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT
ENTITLED "CITYWIDE SINGLE FAMILY REHABILITATION
HOUSING PROJECT", FOR THE PURPOSE OF PROVIDING
FINANCIAL ASSISTANCE IN THE FORM OF A GRANT, TO THE
ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., SAID
CITY ASSISTANCE TO ASSIST IN DEFRAYING THE COST OF
OFF -SITE IMPROVEMENTS AND SITE DEMOLITION/CLEARANCE
ACTIVITIES IN CONNECTION WITH THE DEVELOPMENT OF A 52
UNIT AFFORDABLE TOWNHOME PROJECT PLANNED FOR
DEVELOPMENT ON THE CITY -OWNED FERN ISLE NURSERY SITE;
AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT TO
THE APPROVED FOURTEENTH (14TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FINAL STATEMENT TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO
REFLECT THE HEREIN PROPOSED REALLOCATION OF CDBG
FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE AGREEMENT DATED JUNE 4, 1991,
BETWEEN THE CITY OF MIAMI AND THE ALLAPATTAH BUSINESS
DEVELOPMENT AUTHORITY, INC., IN SUBSTANTIALLY THE FORM
ATTACHED HERETO, FOR THE AFOREMENTIONED PURPOSE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Vice Mayor Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Alonso: For the reasons stated before, I vote no.
397 July 16, 1992
54. BRIEF COMMENTS ON PRIOR ADOPTION OF RESOLUTION CONCERNING GRAND OPENING
CEREMONY FOR THE SOUTHEAST OVERTOWN / PARK WEST MALLS (See labels 36 &
41).
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, may I suggest, since we are leaving at nine
o'clock, that we handle the millage which is a very, very important item.
Commissioner Dawkins: I think you better get the three items out of...
Vice Mayor Alonso: Yes.
Commissioner Dawkins: ... the way that you got as pocket items.
Commissioner Plummer: Well, I got these items which are giving money to the
City if you'd like to take them.
Commissioner Dawkins: Give it to us.
Commissioner Plummer: One of them is Luft. Are you ready to read your...
Vice Mayor Alonso: Yes, and I... Excuse me. And I'd like to instruct the
Manager to start tomorrow looking for $200,000 here and $200,000 there so we
don't have to increase the garbage fee or anything else, and I'm sure you are
going to find $200,000 here and there. I just hope you do. I'd like a
response that you check every single year to see how in the world we found
$200,000 that was lost.
Mr. Luft: A resolution authorizing the closure of 9th Street and a one -day
permit for beer and wine.
Commissioner Plummer: Move it.
Commissioner Dawkins: I already moved that.
Vice Mayor Alonso: Which one?
Commissioner Dawkins: How many time you got to move it?
Vice Mayor Alonso: Which one? Move what?
Commissioner Plummer: This one here from Jack Luft on the...
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
Commissioner Plummer: o... grand opening.
Mayer Suarez: I thought we called the roll on that.
Commissioner Dawkins: We did.
398 July 16, 1992
Vice Mayor Alonso: We did already.
Commissioner Plummer: No, I invoked a rule until I had a copy of it, which
I've got. =-
Mayor Suarez: No, no. But after that, we just did it a couple of minutes
ago. We can do it on the record again if you want, Jack.
Commissioner Plummer: I don't care.
Mayor Suarez: We'll have it twice.
------------------------------------------------------------------------------- -
55. AMEND R-92-452, WHICH APPROVED SPECIAL PROGRAMS AND EVENTS TO BE
PRODUCED AND CABLECAST ON CITY'S MUNICIPAL ACCESS CABLE CHANNEL (MIAMI
NET 9) DURING AUGUST AND SEPTEMBER -- INCLUDE IN PROGRAMMING TWENTY -
MINUTE SEGMENTS CONCERNING INTERNATIONAL TRADE AND BUSINESS IN THE CITY,
SPONSORED BY THE INTERNATIONAL TRADE BOARD.
------------------------------------------------------------------------------
AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION
INTO THE RECORD BY TITLE ONLY.
Commissioner Plummer: I so move.
Vice Mayor Alonso: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-515
A RESOLUTION AMENDING RESOLUTION 92-452, ADOPTED JULY
9, 1992, WHICH APPROVED THE SPECIAL PROGRAMS AND
EVENTS TO BE PRODUCED AND CABLECAST ON THE CITY OF
MIAMI'S MUNICIPAL ACCESS CABLE CHANNEL, "MIAMI NET 911,
DURING THE MONTHS OF AUGUST AND SEPTEMBER 1992,
THEREBY INCLUDING IN SAID PROGRAMMING A NUMBER OF
TWENTY -MINUTE SEGMENTS CONCERNING INTERNATIONAL TRADE
AND BUSINESS IN THE CITY OF MIAMI, SPONSORED BY THE
INTERNATIONAL TRADE BOARD.
(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:
399 July 16, 1992
r
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
56. ACCEPT GRANT ($9,000) FROM METROPOLITAN DADE COUNTY, TOURIST DEVELOPMENT
ROOM TAX PLAN (CATEGORY 2) -- TO BE USED BY DEPARTMENT OF PARKS AND
RECREATION TO HOST 11TH ANNUAL CITY OF MIAMI YOUTH BASEBALL WORLD SERIES
TO BE HELD AT BOBBY MADURO STADIUM.
------------------------------------------------------------------------------
AT THIS POINT, COMMISSIONER PLUMMER READ THE
RESOLUTION INTO THE RECORD BY TITLE ONLY.
Commissioner Plummer: I so move.
Commissioner Dawkins: Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-516
A RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $9,000
FROM METROPOLITAN DADE COUNTY, TOURIST DEVELOPMENT
ROOM TAX PLAN (CATEGORY 2), TO BE USED BY THE
DEPARTMENT OF PARKS AND RECREATION TO HOST THE
ELEVENTH ANNUAL CITY OF MIAMI YOUTH BASEBALL WORLD
SERIES ("WORLD SERIES") TO BE HELD AT THE BOBBY MADURO
MIAMI BASEBALL STADIUM, JULY 30TH THROUGH AUGUST 5TH,
1992; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE.
(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:
400 July 16, 1992
P
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.
11
---------------- ------------------------------- - - -- ---------------------
57. (A) APPROVE PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI FOR FISCAL
YEAR 1992-93 -- DISCUSS DEBT SERVICE (See label 60).
(B) SCHEDULE PUBLIC HEARINGS IN CONNECTION WITH CITY'S FISCAL YEAR
1992-93 BUDGET: SEPTEMBER 10 & 24, 1992.
Commissioner Plummer: Item three on the agenda, setting the millage, I so
move.
Mayor Suarez: What is the millage being set?
Vice Mayor Alonso: Hold it. Hold it.
Mr. Cesar Odio (City Manager): Nine point five nine nine five.
Commissioner Plummer: For the record, let it reflect that, that's the sixth
year in a row that, that millage has remained the same.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: And seconded.
Commissioner Dawkins: Let the record reflect that it's remained the same and
we are still broke. Let the records reflect that.
Mr. Odio: The debt service millage is...
Commissioner Plummer: You put in the record what you want, and I'm going to
put in there what I want.
Commissioner Dawkins: Hey,...
Mayor Suarez: Do we need.to vote at the same time on debt service, or is that
a separate vote?
Mr. Manohar Surana: Same time.
Mayor Suarez: All right. Debt service millage rate?
401 July 16, 1992
11
Mr. Odio: Two point three five oh one.
Mayor Suarez: Is that slightly lower?
Commissioner Plummer: I didn't agree to that.
Vice Mayor Alonso: Same.
Commissioner Plummer: I didn't agree.
Mr. Surana: Slightly higher.
4
Mayor Suarez: Why is it slightly higher? We didn't incur any general
obligation debt, that I'm aware of.
Mr. Surana: The reason the debts went down this year about $300,000,000...
Mayor Suarez: I'm sorry. What went down?
Mr. Surana: The assessment went down about $300,000,000. That's why.
Vice Mayor Alonso: Let's not vote together. Let's rate them.
Mayor Suarez: I got you.
Commissioner Dawkins: OK. Let me ask a question, Mr. Mano. The assessment
went down by what?
Mr. Surana: Roughly $350,000,000.
Commissioner Dawkins: OK. --
Commissioner Plummer: Well, give him cold...
Commissioner Dawkins: And last... —
Commissioner Plummer: You need hard tax, Miller. The dollar tax.
Mayor Suarez: You are estimating $350,000,000. It has not gone down by
$350,000,000.
Commissioner Plummer: That's the assessment.
Commissioner Dawkins: And last year...
Mr. Surana: No, it did.
Commissioner Dawkins: Last year, the taxes - the assessment went up and with -
the smoke and mirrors, you told people you was cutting their taxes...
Commissioner Plumper: Voodoo.
Commissioner Dawkins: ... by reducing the millage.
402 July 16, 1992
Commissioner Plummer: Voodoo. --
Commissioner Dawkins: Now, you are coming back this year telling people that
you are not raising their taxes, but you are raising the millage.
Mr. Surana: Commissioner, we did not cut the millage last year.
Commissioner Dawkins: Beg your pardon?
Mr. Surana: We did not cut the millage last year.
Commissioner Dawkins: The year before last, and the year before that did you
cut it?
Mr. Surana: Yeah, but...
Commissioner Dawkins: Beg your pardon?
Mr. Surana: About five, six years, yes.
Commissioner Dawkins: In a row?
Mr. Surana: Only one time.
Mayor Suarez: No, one time.
Commissioner Dawkins: No, no, no. You did not... You cut it more than... OK.
I'm... Yes, I am going to push the point. You've cut it more than one year.
Mayor Suarez: I think he's right, Mano. We cut it...
Commissioner Dawkins: Mano knows I'm right. —
Mayor Suarez: ... from nine point...
Mr. Surana: Eight.
Mayor Suarez: ... nine four to nine eight something, and ultimately nine
point five nine, yes.
Mr. Surana: Right.
Mayor Suarez: He's right. In the last seven years, I think we've reduced it
twice.
Commissioner Plummer: Well, then the papers I have are wrong.
Mayor Suarez: Well...
Commissioner Plummer: Because my papers tell me that nine point five... Nine
point nine... Excuse me.
Mayor Suarez: Nine point five nine.
403 July 16, 1992
Commissioner Plummer: Nine point five nine nine five is the millage for the
past six years, including this year. If there's no change, so who has numbers
that are different than mine?
Commissioner Dawkins: I will pull the minutes from the last five years and
show you. I don't have to...
Mayor Suarez: Well, it was twice since I was elected in 185, I know that.
All right. In any event, it's been nine point five nine nine for a long time.
Commissioner Plummer: As a matter of fact, for the record, let it reflect
that in 1984, 185, 186, 187, the millage was three points higher than what we
have had for the past six years. They were nine point eight, nine point
eight, nine point eight for those three years preceding the last six, which
were nine point five.
Commissioner Dawkins: That's when you said you cut the millage.
Mayor Suarez: All right.
Commissioner Plummer: Sir, that's what these figures here tell me. Yes, sir.
Mayor Suarez: OK. On the... Do we need to separate the two then, or not?
Vice Mayor Alonso: Yes, we should.
Mayor Suarez: Madam Vice Mayor would like to separate the two. What's wrong
with that, Mano?
Mr. Surana: There's no problem.
Mayor Suarez: All right. Thank you, sir. I thought you were about to
object. All right. On the operating millage rate, we have a motion and a
second. Any further discussion? If not, please call the roll.
Commissioner Dawkins: What is the operating... What is the...
Mayor Suarez: Nine point five nine and some other digits.
Vice Mayor Alonso: Nine five.
Mayor Suarez: Nine five.
Commissioner Plummer: Same as the last six years.
404 July 16, 1992
10 0
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-517
A RESOLUTION COMPUTING A PROPOSED MILLAGE RATE FOR THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1992 AND ENDING SEPTEMBER 30, 1993;
INSTRUCTING THE CITY MANAGER TO SUBMIT SAID PROPOSED
MILLAGE RATE TO THE DADE COUNTY PROPERTY APPRAISER AND
THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND
PLACE OF THE PUBLIC HEARING AT WHICH THE CITY
COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND
THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL 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
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: The operating... I mean the debt service, I'm sorry. I'll
entertain a motion. Two point three - what was it?
Commissioner Plummer: Move it.
Mr. Surana: Two point three five...
Commissioner Plummer: Two point three five oh one. I move.
Mayor Suarez: So moved. What is the total GO (general obligation) payments
for next year? - bond payments.
Mr. Surana: It would be about $24,100,000.
Mayor Suarez: What was it last year? - last fiscal year.
Mr. Surana: Twenty-five point one.
Mayor Suarez: It went down, and still you have to increase the debt service
millage rate. All right. You tell me...
Mr. Odio: The loss is four...
405 July 16, 1992
Mayor Suarez: ... that the valuation went down. It doesn't sound like it
went down three something yet percent, because you had eighty some million of
new construction.
Mr. Surana: Three hundred.
Mayor Suarez: Three hundred million. You had eighty some of new
construction.
Mr. Odio: Three hundred and fifty million dollars went down.
Mayor Suarez: An otherwise one point three percent (1.3%) reduction. It
doesn't sound like your figure is right. But in any event, call the roll on
the... Do we have a second, Madam City Clerk?
Ms. Hirai: No, sir.
Commissioner Plummer: This is on debt service.
Mayor Suarez: I second.
Vice Mayor Alonso: Debt service.
Mayor Suarez: I seconded.
Vice Mayor Alonso: OK. Call the roll, please.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER
AND SECONDED BY MAYOR SUAREZ THE HEREINABOVE MOTION
FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
a ABSENT: None. -_
COMMENTS MADE DURING THE ROLL CALL:
Ms. Hirai: Commissioner De Yurre? Votes no. _
Commissioner Plummer: You vote no?
Vice Mayor Alonso: Of course he did.
Commissioner Plummer: How did you vote... How did you vote on the millage.
[INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC RECORD] OK.
Ms. Hirai: Commissioner, I am sorry. Did you vote yes, or no? You are
voting no.
=I
=1
-� 406 July 16, 1992
-1
Commissioner Plummer: On what?
Ms. Hirai: He is voting no on the debt service.
Commissioner Plummer: On debt service.
Ms. Hirai: Yes, sir.
Commissioner Plummer: But he voted yes on the millage.
Ms. Hirai: Yes.
Commissioner Plummer: I vote yes.
Mayor Suarez: Commissioners, we need to act on item 18, which is a grant of
$64,028 in land water conservation fund.
Mr. Mano Surana: Mayor, we need one more thing. We need to set the dates for
public hearing. We are recommending September 10 and September 24, at 5:05
p.m.
Commissioner Plummer: So moved.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Call the roll in setting of the dates for the hearings
on the budget.
Commissioner Plummer: Yeah. I thought it was. Yeah. To set the dates.
Commissioner Dawkins: To set the dates?
Commissioner Plummer: Yeah.
Commissioner Dawkins: What are the dates?
Commissioner Plummer: The same dates as the Commission Meeting.
Commissioner Dawkins: Beg your pardon?
Commissioner Plummer: Same dates as the Commission Meeting.
Commissioner Dawkins: No, no, no. Hold it. Hold the roll call. Hold the
roll call.
Mayor Suarez: The loth and 24th of September are the two hearing dates on the
budget.
Commissioner Dawkins: September what, now, Mr. Mayor?
Mayor Suarez: Tenth and the twenty-fourth.
407 July 16, 1992
u
Commissioner Plummer: Ten and twenty-four.
Commissioner Dawkins: Ten and twenty-four.
Commissioner Plummer: Yes, sir.
Mayor Suarez: Same days as the Commission Meeting.
Commissioner Plummer: 5:05 p.m., by law.
Commissioner Dawkins: I... OK.
Mayor Suarez: You need to change any of those?
Commissioner Dawkins: No. We don't need to change any of them.
Mayor Suarez: All right.
Commissioner Dawkins: But the Charter says, and I have to put this into the
record, that by October 1 we must have, in place...
Mayor Suarez: Balance budget.
Commissioner Dawkins: ...a budget which reflects the total amount of
expenditures, balanced off against all taxes and other revenue.
Mayor Suarez: Right.
Commissioner Dawkins: I want you to understand, all of you, I do not want the
Manager explaining to me that a balanced, number budget. I want dollars, for
dollar, for dollar, explained to me.
Mayor Suarez: OK.
Commissioner Dawkins: OK. Thank you.
Mayor Suarez: Anything further on the item. If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-518
A MOTION SCHEDULING THE FIRST AND SECOND PUBLIC
HEARINGS ON THE CITY OF MIAMI BUDGET FOR FY 92-93 AS
FOLLOWS:
(1) SEPTEMBER 10, 1992 AT 5:05 P.M., AND
.(2) SEPTEMBER 24, 1992 AT 5:05 P.M.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
408 July 16, 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.
Commissioner Dawkins: At nine oh one, I move we adjourn.
Mayor Suarez: We need a couple of items that we got to resolve.
Commissioner Plummer: The motion on the floor... Excuse me.
58. AUTHORIZE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO ESTABLISH PROPOSED
MILLAGE RATE OF .5 MILLS FOR DOWNTOWN DEVELOPMENT DISTRICT FOR FISCAL
YEAR 1992-93.
Mayor Suarez: Mr. Schwartz, what is the millage rate for DDA?
Mr. Matthew Schwartz: The DDA (Downtown Development Authority) and setting
the dates of the public hearing.
Commissioner Plummer: Excuse me. The motion on the floor is to adjourn. It
has been made and duly seconded.
Mayor Suarez: Who seconded the motion of adjourn?
Commissioner Plummer: Excuse me, I did.
Mayor Suarez: All right. Let me explain to you why you cannot vote to
adjourn.
Vice Mayor Alonso: Downtown.
Mayor Suarez: We have got to pass the millage for DDA. =
Commissioner Plummer:, Sir.
Mayor Suarez: We have got to...
Commissioner Plummer: Sir. Excuse me. You cannot contradict a motion on the
floor. You can ask me...
Mayor Suarez: All right.
Commissioner Plummer: ...if I would like to change my mind.
_' 409 July 16, 1992
Commissioner De Yurre: Would you like to change your mind? -
Mayor Suarez; Please change...
Commissioner Plummer: I am not sure.
Mayor Suarez: ...your mind so we can do two or three items.
Vice Mayor Alonso: Please, do.
Mayor Suarez: You have certainly had...
Commissioner Plummer: I will be happy to include the DDA, which I fully
- intend to vote against.
Mayor Suarez: All right.
e-
Commissioner Plummer: If you want to do it, go ahead.
d.
Mayor Suarez: The millage rate for DDA, what item is it?
Mr. Schwartz: It is item #4. _
Vice Mayor Alonso: Four.
Mr. Schwartz: Assessed at a half mil.
Mayor Suarez: Moved by Commissioner De Yurre. Seconded by Vice Mayor Alonso. _
Call the roll.
Mr. Schwartz: And the dates of the hearings, the budget hearings, contingent
upon the City's... The same. The 10th and the 24th.
Mayor Suarez: OK. We will include that in the motion. Call the roll,
please. _
410 July 16, 1992
Lj
1]
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-519
A RESOLUTION, AUTHORIZING THE DOWNTOWN DEVELOPMENT
AUTHORITY TO ESTABLISH A PROPOSED MILLAGE RATE OF .5
MILLS FOR THE DOWNTOWN DEVELOPMENT DISTRICT OF THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993; AND
AUTHORIZING COMMUNICATION OF SAID PROPOSED MILLAGE
RATE TO THE DADE COUNTY PROPERTY APPRAISER AND THE TAX
COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF
THE PUBLIC HEARINGS AT WHICH THE CITY COMMISSION WILL
CONSIDER THE PROPOSED MILLAGE RATE AND THE DOWNTOWN
DEVELOPMENT AUTHORITY'S TENTATIVE BUDGET FOR SAID
FISCAL 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
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING THE ROLL CALL:
Commissioner Dawkins: Why did you vote no?
Commissioner Plummer: I voted no.
Commissioner Dawkins: Why?
Vice Mayor Alonso: He is against DDA.
Commissioner Plummer: I want to abolish it.
Commissioner Dawkins: OK. No.
Commissioner Plummer: It is a waste of money.
411 July 16, 1992
0
59. ACCEPT GRANT ($64,402.80) FROM U.S. DEPARTMENT OF INTERIOR, NATIONAL
PARK SERVICE, THROUGH FLORIDA DEPARTMENT OF NATURAL RESOURCES, UNDER
LAND AND WATER CONSERVATION FUND PROGRAM -- FOR IMPROVEMENTS TO
ALLAPATTAH - COMSTOCK PARK (2800 N.W. 17 AVENUE).
Mayor Suarez: Item 18.
Commissioner Dawkins: I move that we adjourn.
Mayor Suarez: Wait a minute.
Commissioner Plummer: I second the motion.
Mayor
Suarez: This
is a
grant that we are to receive, Commissioners...
Vice
Mayor Alonso:
Move
it.
Mayor Suarez: In the amount of $64,028. Land and water conservation fund.
Moved by the Vice Mayor.
Commissioner Plummer: Three votes said no. What do you want me to do about
it?
Mayor Suarez: Commissioner Plummer, do you second item 18?
Commissioner Plummer: I don't know what item 18 is, sir.
Vice Mayor Alonso: It is accepting a grant. _
Mayor Suarez: It was seconded. We are accepting... _
Commissioner Plummer: Yes, sir. They are going to give me money, I am going
to accept it. _
Mayor Suarez: ...a grant of sixty four thousand... Call the roll, please.
Commissioner Plummer: Sir, I voted for it, three members of this Commission -
said no. Now, what do you want me to do?
Mayor Suarez: Call the roll, please, on item 18.
Commissioner Plummer: Get a stick and beat them?
Ms. Hirai: On item 18.
Vice Mayor Alonso: I move that we accept...
Ms. Hirai: Roll call on item 18.
412 July 16, 1992
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-520
A RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF = -
$64,402.80 FROM THE U.S. DEPARTMENT OF INTERIOR,
NATIONAL PARK SERVICE THROUGH THE FLORIDA DEPARTMENT
OF NATURAL RESOURCES UNDER THE LAND AND WATER
CONSERVATION FUND PROGRAM FOR IMPROVEMENTS TO
ALLAPATTAH-COMSTOCK PARK, LOCATED AT 2800 NORTHWEST
17TH AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S) IN A FORM —
ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
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 THE ROLL CALL:
Commissioner Plummer: The last item I am voting on, the answer is yes.
Mayor Suarez: Please vote on the item, Commissioner.
Commissioner Plummer: Yes.
Commissioner Dawkins: I moved to adjourn. I am voting no.
------------------------------------------------------------------------------
=` 60. (Continued Discussion) APPROVE PROPOSED DEBT SERVICE RATE FOR CITY OF
MIAMI FOR FISCAL YEAR 1992-93 (See label 57).
------------------------------------------------------------------------------
Mayor Suarez: Now, why can we cannot adjourn without reconsidering the debt
- service millage rate? Is that what you are trying to tell us?
Mr. Surana: Yeah, we need a... _
Commissioner Plummer: Sir, the vote has been taken. Three votes of this
Commission are opposed to it, what do you want to do?
413 July 16, 1992 - �r =
. . . . . . . . . . . . . . . . .
Mayor Suarez: Commissioner, I am asking a question, and you are out of order.
Now, Mano, please get on the mike and explain to any Commissioner who is
willing to be in these chamber, at this point, why it is that we must pass the -_—
debt service millage rate.
Mr. Surana: We are required from Dade County, that we must give them a
millage, for debt service and operating purpose._
Commissioner Plummer: OK. Is there...
Vice Mayor Alonso: I am willing... - -
Mr. Surana: Now, if you don't give them a operating...
Vice Mayor Alonso: ...to pass 2.3308.
Mr. Surana: If you don't give them operating, they will use the roll back
rate, which is 9.8016. But for debt service we must give them a rate.
Mayor Suarez: A rate.
Mr. Surana: Yes, sir.
Mayor Suarez: What rate was it that the Commissioners who voted against would
like to propose for debt service? It is not really very discretionary.
Mr. Odio: We won't be able to pay the debt. --
Mayor Suarez: We have to pass, you know, a proposed millage rate. Later we
can adjust it in the budget hearings.
Vice Mayor Alonso: Why it is higher? Why it is higher?
Mr. Surana: Because the assessed valuation went down by three hundred and
fifty million dollars, so your millage has to go a little bit higher. It is
only .0196. It is about two hundredth of a percent, very insignificant.
Vice Mayor Alonso: I am willing to pass 2.3308.
Mayor Suarez: Which is slightly lower. OK.
Vice Mayor Alonso: It is the same.
Surana: OK, fine.
Mayor Suarez: OK. That adds up to the total...
Vice Mayor Alonso: It is the same.
Mayor Suarez: All right. So moved by the Vice Mayor.
} Vice Mayor Alonso: It is exactly what we have this year.
414 July 16, 1992
E]
Mayor Suarez: Do we need to reconsider the prior one?
City Attorney Jones: Yes.
Vice Mayor Alonso: Do you take that?
Mr. Surana: OK.
Mayor Suarez: Move to reconsider by the Vice Mayor.
Commissioner Plummer: She can do that. I am going to vote for what is in the
book. OK? Recommended by the Administration. I don't know how we can accept
a debt service of less than the obligations that we have to pay.
Mayor Suarez: The Administration is telling...
Vice Mayor Alonso: Then we don't have one.
Mayor Suarez: ...us, Commissioner, that it better to pass a slightly less one
that we can later adjust. I don't think we can go any higher, can we?
Mr. Surana: No.
City Attorney Jones: No.
Commissioner Plummer: No.
Mayor Suarez: OK.
Commissioner Plummer: That is it.
Mayor Suarez: But at least we have one in compliance with the law so that it
is published, and then we can have the budget hearings.
Mr. Surana: Can you go 2.3501? You can reduce later on if we need to?
Mayor Suarez: You can reduce that if you want.
Mr. Surana: Please.
Mayor Suarez: I'll vote to reduce that if we can't later.
Vice Mayor Alonso: Not me. If you accept the same, I'll move it. If not, _
this is it.
Mr. Surana: I don't know.
Vice Mayor Alonso: Get another Commissioner. Maybe they will change their
vote. How about getting a... They should be in the building. Explain to
them. —
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RE -CORD.)
415 July 16, 1992 _
Mr. Surana: OK. Two hundred thousand. We have to find some other place
then.
Commissioner De Yurre: What was it last year?
Unidentified Speaker: Two point three three oh eight.
Mayor Suarez: It is just that that...
Commissioner De Yurre: I move that we approve the same millage rate...
Ms. Hirai: Commissioner, could you make that statement...
Vice Mayor Alonso: I already did.
Ms. Hirai: Excuse me. On the microphone so that...
Mayor Suarez: Yeah. We need you on the record.
Commissioner De Yurre: I move that we approve the same millage rate for the
debt service that we had last year.
Mayor Suarez: OK.
Vice Mayor Alonso: I already did.
Mayor Suarez: If it is a motion to reconsider.
Ms. Hirai: Yes.
Mayor Suarez: Seconded now, and it is to reconsider the prior motion.
Actually if it didn't pass it was nothing. We don't have to reconsider we
just...
City Attorney Jones: Right. So you don't have to reconsider.
Ms. Hirai: Exactly. There is no need to reconsider.
City Attorney Jones: Then you got a new one. A new motion.
Vice Mayor Alonso: A motion and a second. Go ahead, take it.
Mayor Suarez: So it is now stated as a positive motion, at 2.3...
Mr. Surana: 308.
Mayor Suarez: Which adds up to the same total millage rate.
Vice Mayor Alonso: three three oh eight.
Mr. Surana: Yeah. Same as the last year.
Mayor Suarez: Call the roll.
416 July 16, 1992
The following motion was introduced by Vice Mayor Alonso, who moved its e -
adoption:
MOTION NO. 92-521
A MOTION APPROVING PROPOSED DEBT SERVICE RATE FOR THE
CITY OF MIAMI, FOR THE FISCAL YEAR 1992-1993, AS
2.3308. =�
[NOTE: THE ESSENCE OF THIS ACTION IS INCORPORATED IN
R-92-517. See label 57.]
Upon being seconded by Commissioner De Yurre, the motion 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins -_
61. (A) DISCUSSION CONCERNING PROPOSED EMERGENCY ORDINANCE, AMENDING
10021, WHICH ESTABLISHED INITIAL RESOURCES / APPROPRIATIONS FOR
THE LAW ENFORCEMENT TRUST FUND TO PROVIDE FOR INCREASE DUE TO
SUCCESSFUL FORFEITURE ACTIONS -- NO ACTION TAKEN.
(B) BRIEF DISCUSSION CONCERNING ATTEMPT TO ADJOURN MEETING.
------------------------------------------------------------------------------
Commissioner De Yurre: The last item. Move 6.
Mayor Suarez: Item 6 has been moved. You second?
Vice Mayor Alonso: T don't know what is 6.
Ms. Hirai: Which 6?
Lt. Joseph Longueira: Commissioner, that is the Law Enforcement Trust Fund
Appropriations Funding Programs like Youth Crime Watch, AGAPE, Tacolcy,
Guardian Ad Litum, Downtown Information Officers...
Mayor Suarez: Oh, Tacolcy, we need that for that summer program, please.
Commissioner Plummer: Absolutely not. Mr. Mayor. The motion on this floor
is to adjourn.
Mayor Suarez: All right. I am going to get a ruling. Sir, sir, please don't
overdo it. All right.
Commissioner Plummer: Don't over do it...
417
July 16, 1992
Mayor Suarez: I am going to get it... Iam going to get a ruling from the
City Attorney. Now, can... Motion to adjourn has been made. It was not
voted on.
Commissioner Plummer: Always in order.
Mayor Suarez: We have not... OK. You move to adjourn, is there a second.
Was it seconded before Madam City...
Commissioner Plummer: Seconded by Commissioner Dawkins.
Mayor Suarez: Madam City Clerk, do you reflect a second on the motion to
adjourn?
Ms. Hirai: On the motion to adjourn?
Mayor Suarez: Yes.
Ms. Hirai: On the last time. Yes.
Mayor Suarez: All right. Please lets vote on the motion to adjourn. Call
the roll
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER DAWKINS THE HEREINABOVE
MOTION FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
NOES: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING.THE ROLL CALL:
Vice Mayor Alonso: Oh. It was here. So I thought that... So I vote no. I
change my vote.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: All right. We are not adjourned.
Vice Mayor Alonso: So we have an opportunity.
Mayor Suarez: The item before us is item 6. We need to pass this for the
summer programs, please. We have a motion by Commissioner De Yurre, seconded
by the Vice Mayor. Call the roll.
Ms. Hirai: Commissioner De Yurre.
418 July 16, 1992
n
City Attorney Jones: Item 6.
Ms. Hirai: Vice Mayor Alonso.
Vice Mayor Alonso: Yes.
Ms. Hirai: Commissioner Plummer.
City Attorney Jones: You have to read the ordinance.
Lt. Longueira: It 1s the Law Enforcement Trust Fund Appropriations Ordinance.
Commissioner Plummer: Has it been run by my staff?
Lt. Longueira: Has it been run...
Commissioner Plummer: I ask the matter be deferred. It has not been run by
my staff.
Lt. Longueira: Commissioner, the whole...
Commissioner Plummer: The Commission Awareness...
Lt. Longueira: The whole...
Commissioner Plummer: ...Program. It has not been run by the Commission
Awareness Program. And the same way she asked for it, I ask for it. I ask
for it to be deferred.
Mayor Suarez: Has the Commissioner had enough time to review this, UL
Lieutenant?
Commissioner Plummer: That is it.
Vice Mayor Alonso: He is right.
Asst. Chief Raul Martinez: Let me say, all the items on this appropriation
have been approved by the City Commission already.
Commissioner Plummer: Sir, did you hear my statement?
Mayor Suarez: Is it just the ordinance, Commissioner?
4 -
_ Commissioner Plummer: My statement was...
Mayor Suarez: We have approved the individual items before.
Commissioner Plummer: My statement was under Commission Awareness Program. I
have the right...
_i -
Mayor Suarez: You have. You have.
Commissioner Plummer: ...to go through that program.
419 July 16, 1992
�7
Mayor Suarez: Every single item has been approved by this Commission.
Lt. Longueira: Commissioner, I agree with you, but the amount of questions we
have been dealing you staff all week on the budget, has not allowed us to do
anything else. We have come to a complete...
Commissioner Plummer: Sir.
Lt. Longueira: ...standstill...
Commissioner Plummer: Sir.
Lt. Longueira: ...just dealing with that.
Commissioner Plummer: Sir, if you want to come to a conclusion, you haven't
done worth a damn for what my staff has requested. OK? It is taking you
forever to get information. We ask about a simple program about prisoner
processing, we still don't have the information, and don't give me this you
got all your time tied up. You got people running out of your ears over
there. OK? I am saying I am asking for the same privilege that my colleague
asked for. You did not...
Mayor Suarez: But, Commissioner, this is just the emergency ordinance.
Commissioner Plummer: ...run it by the program, and I am asking that the
ordinance be deferred.
Mayor Suarez: This is not the individual items.
Lt. Longueira: That is fine.
Mayor Suarez: Have we previously voted on these, Lieutenant?
Lt. Longueira: Yes, sir. That is fine.
Mayor Suarez: No, no. One of them is Tacolcy. We got to have that summer
program.
Asst. Chief Raul Martinez: Yes, all the programs have been voted on except
the reserve that has been set up. And the programs again is Youth Crime
Watch, AGAPE, Officer Friendly Program, Career Criminal Program, Guardian Ad
Litum, Downtown Information Officers, The Belgiam Police , Tacolcy
Center, , Midnight Basketball League, and the reserve.
Mayor Suarez: We voted on every single one, Commissioner. This is just the
emergency ordinance.
Commissioner Plummer: I hear you, sir. You heard me also, right?
Mayor Suarez: Yeah.
City Attorney Jones: Madam City Clerk, I need... You were in the middle of a
roil call, but I need to read the ordinance.
420 July 16, 1992
C
11
Mayor Suarez: Would the Commissioner allow the reading of the ordinance.
Commissioner Plummer: I asked for it to be deferred, sir.
Vice Mayor Alonso: No. If he doesn't want it. We are... I...
Mayor Suarez: OK. The motion is withdrawn.
Vice Mayor Alonso: No way.
62. CONTINUE ALL PLANNING AND ZONING ITEMS NOT TAKEN UP (PZ-1 THROUGH PZ-13)
TO SECOND MEETING IN SEPTEMBER.
Mayor Suarez: The motion is withdrawn. Ladies and gentlemen...
Commissioner Plummer: Are we now over for the evening?
Mayor Suarez: ...on the Planning and Zoning Agenda...
Commissioner Plummer: We have been here 12 hours.
Mayor Suarez: ...we have to have a motion to continue it to September 24th.
Vice Mayor Alonso: Move it.
Commissioner Plummer: No, sir. No, sir. I would move you, Mr. Mayor, that
we have a special meeting in September, to catch up all of these items that we
have been deferring continuously, which is an inconvenience to the people.
Mayor Suarez: All right. We will try that.
Commissioner Plummer: So we can set aside a special meeting day in September.
Mayor Suarez: September 3rd.
Commissioner De Yurre: No.
Vice Mayor Alonso: No.
Commissioner Plummer: No, no, no.
Vice Mayor Alonso: No. Not before the 10th.
Commissioner Plummer: Make it the 17th.
Mayor Suarez: September 17th.
Commissioner Plummer: Make it the...
421 July 16, 1992
Mayor Suarez: All right. Continuing the Planning and Zoning agenda till
September 11th. We are going to have three meetings in September. Maybe that
makes up for what we didn't do in July. Please, ma'am, please. I don't know
what you were talking about, but you were heard tonight. A lot of people were
not heard tonight.
Commissioner Plummer: Commissioner De Yurre recommends that we do it after
the 24th in case we don't need a second meeting.
Mayor Suarez: OK. So they are all continued until September 24th, and if we
don't finish on September 24th, we will have another hearing in the month of
September.
Commissioner De Yurre: On the 29th.
Mayor Suarez: Possibly on the 29th.
Commissioner Plummer: That is fine with me. That is fine.
Mayor Suarez: All right. So moved. Seconded. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-522
A MOTION CONTINUING ALL ITEMS NOT TAKEN UP IN TODAY'S
PLANNING AND ZONING AGENDA (ITEMS PZ-1 THROUGH PZ-13)
TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR
SEPTEMBER 24, 1992.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: We are adjourned.
422 July 16, 1992
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:12 P.M.
ATTEST:
Natty Hirai
CITY CLERK
Walter J. Faeman
ASSISTANT CITY CLERK
Xavier L. Suarez
MAYOR
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423 July 16, 1992